SF3920 (Legislative Session 94 (2025-2026))
Definition of active efforts in the Minnesota African American Family Preservation and Child Welfare Disproportionality Act modification
AI Generated Summary
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).
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 26, 2026 | Senate | Action | Introduction and first reading | ||
| February 26, 2026 | Senate | Action | Referred to | Health and Human Services |
Citations
[
{
"analysis": {
"added": [
"Explicitly defines Active Reasonable Efforts as a higher standard than prior efforts, requiring continuous, collaborative involvement of the family.",
"Requires consideration of the child’s and family’s social and cultural values in service selection.",
"Incorporates notification that families may file a report of noncompliance with the act with the commissioner via the child welfare compliance and feedback portal.",
"Links the provision to the requirements of Title IV-E of the Social Security Act."
],
"removed": [
"Moves away from the prior standard of 'reasonable efforts' by elevating the standard to 'Active Reasonable Efforts.'"
],
"summary": "Defines and expands Active Reasonable Efforts for African American or disproportionately represented children, tying it to ongoing involvement with the family and alignment with federal standards.",
"modified": [
"Expands the scope of active engagement to preserve the family and to prevent out-of-home placement where possible."
]
},
"citation": "260.63",
"subdivision": "subdivision 2"
},
{
"analysis": {
"added": [
"Adds Active Reasonable Efforts to prevent the out-of-home placement or removal of a child and to reunify the family as soon as practicable.",
"Requires a safety plan prior to removal, developed with the family, to keep the child in the home when appropriate and address family needs."
],
"removed": [
"N/A (no explicit removal of existing concepts; the text expands and reframes them)."
],
"summary": "Sets duty and process to prevent out-of-home placement and to promote family reunification, with an emphasis on active efforts and safety planning.",
"modified": [
"Renews and broadens duties to align with Active Reasonable Efforts and formalizes safety planning during pre-petition processes."
]
},
"citation": "260.64",
"subdivision": "subd.1, subd.2"
},
{
"analysis": {
"added": [
"Requires active reasonable efforts to facilitate regular and frequent visitation between the child and parents/custodians, siblings, and relatives.",
"Institutes ongoing efforts to address barriers to visitation and to increase visitation frequency when infrequent."
],
"removed": [
"N/A"
],
"summary": "Mandates best practices for visitation for African American and disproportionately represented children in out-of-home placement.",
"modified": [
"Emphasizes continuous visitation as a safety and well-being measure and ties visitation frequency to active reasonable efforts."
]
},
"citation": "260.641",
"subdivision": ""
},
{
"analysis": {
"added": [
"Requires active efforts to identify and locate noncustodial or nonadjudicated parents and relatives before foster care placement.",
"Requires notifying the identified parties and providing a list of legal resources; maintains detailed records of notification efforts.",
"Requires assessment of the noncustodial/nonadjudicated parent’s ability to care for the child before placement; allows placement with the noncustodial/nonadjudicated parent when appropriate.",
"Explicitly requires active reasonable efforts to remedy issues to allow placement with a suitable relative or noncustodial parent.",
"Encourages engagement with the 260C.221 processes and related notice requirements."
],
"removed": [
"N/A"
],
"summary": "Noncustodial parents relative placement provisions requiring proactive identification and engagement before placement decisions.",
"modified": [
"Extends relative placement considerations and cross-references to related sections (260C.221)."
]
},
"citation": "260.65",
"subdivision": "subdivision 1"
},
{
"analysis": {
"added": [
"Outlines conditions under which parental rights may be terminated when a transfer of custody is not possible.",
"Introduces presumptions and conditions related to abandonment, parental fitness, and failure to correct placement conditions, with reference to active reasonable efforts.",
"Includes explicit considerations of egregious harm and related timelines (e.g., 12 months out of the home; six months for infants) in determining abandonment or failure to correct conditions."
],
"removed": [
"N/A"
],
"summary": "Termination of parental rights (TPR) exceptions for African American or disproportionately represented children.",
"modified": [
"Modifies TPR standards with specific presumptions and conditions tied to active reasonable efforts and safety concerns."
]
},
"citation": "260.67",
"subdivision": "subd.3"
},
{
"analysis": {
"added": [
"Requires agencies to conduct case reviews for African American and other disproportionately represented children.",
"Mandates creation of a remediation plan, a trends summary, and an implementation update, with initial reporting by October 1, 2029 and annual updates thereafter.",
"Uses guidance from the commissioner to determine outcomes."
],
"removed": [
"N/A"
],
"summary": "Case review requirements for disproportionality and disparities in child welfare outcomes.",
"modified": [
"Increases oversight and accountability for disproportionality and disparities in child welfare outcomes."
]
},
"citation": "260.68",
"subdivision": "subd.2"
},
{
"analysis": {
"added": [
"Defines the notice content required to be provided to noncustodial or nonadjudicated parents and relatives, including section 260C.221(2)(par. b) requirements.",
"Ensures agency records document notification efforts."
],
"removed": [
"N/A"
],
"summary": "Relates to notice and engagement requirements for noncustodial or nonadjudicated parents under the relative placement provisions.",
"modified": [
"Integrates with the broader noncustodial-relative placement framework introduced in 260.65."
]
},
"citation": "260C.221",
"subdivision": "subd.2, paragraph b"
},
{
"analysis": {
"added": [
"Cites existing provision enabling placement with a noncustodial or nonadjudicated parent under applicable sections."
],
"removed": [
"N/A"
],
"summary": "Placement provisions relating to transfer of custody under the noncustodial relative placement framework.",
"modified": [
"Part of the integrated framework for relative placement and family preservation."
]
},
"citation": "260C.178",
"subdivision": ""
},
{
"analysis": {
"added": [
"Before placing a child with a noncustodial or nonadjudicated parent, the agency must assess the parent’s ability to care for the child."
],
"removed": [
"N/A"
],
"summary": "Placement decisions and processes for noncustodial or nonadjudicated parents.",
"modified": [
"Reinforces careful assessment prior to placement with noncustodial or nonadjudicated parents."
]
},
"citation": "260C.201",
"subdivision": "subd.1"
},
{
"analysis": {
"added": [
"Links to the out-of-home placement plan required under 260C.212 for placement decisions."
],
"removed": [
"N/A"
],
"summary": "Reference to the out-of-home placement plan and related procedures.",
"modified": [
"Coordinates with 260.65’s relative placement provisions and the case plan requirements."
]
},
"citation": "260C.212",
"subdivision": ""
},
{
"analysis": {
"added": [
"Maintains cross-reference to 260C.219 for alignment with the act’s new procedures."
],
"removed": [
"N/A"
],
"summary": "Notwithstanding provisions related to 260C.219, the act cross-references to ensure continuity with the new duties.",
"modified": [
"Ensures consistency with existing child welfare statutes when applying new standards for active reasonable efforts."
]
},
"citation": "260C.219",
"subdivision": ""
},
{
"analysis": {
"added": [
"Explicitly ties the new 'Active Reasonable Efforts' standard to federal Title IV-E requirements."
],
"removed": [
"N/A"
],
"summary": "Federal Title IV-E requirements referenced to frame the standard of 'Active Reasonable Efforts'.",
"modified": [
"Aligns Minnesota law with federal funding and eligibility standards by referencing Title IV-E in the active efforts framework."
]
},
"citation": "42 U.S.C. § 670-679c",
"subdivision": ""
},
{
"analysis": {
"added": [
"Not a new law; cross-reference indicating interplay with existing chapters on child welfare."
],
"removed": [
"N/A"
],
"summary": "Reference to Minnesota Statutes generally applicable to child welfare and guardianship provisions outside the immediate act.",
"modified": [
"Contextual integration with existing chapters."
]
},
"citation": "257",
"subdivision": ""
},
{
"analysis": {
"added": [
"Not a new law; cross-reference indicating interplay with existing guardianship provisions."
],
"removed": [
"N/A"
],
"summary": "Reference to Minnesota Statutes governing guardianship and protection of minors, outside the immediate act.",
"modified": [
"Contextual integration with existing chapters."
]
},
"citation": "518",
"subdivision": ""
}
]Progress through the legislative process
In Committee