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HF 209

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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  1.1                          A bill for an act 
  1.2             relating to human services; changing provisions for 
  1.3             placement of children; amending Minnesota Statutes 
  1.4             1996, sections 257.071, subdivisions 1a and 7; 
  1.5             257.072, subdivisions 1, 2, 3, 4, 7, and 9; 259.29; 
  1.6             259.57, subdivision 2; 259.77; 260.181, subdivision 3; 
  1.7             and 260.191, subdivision 1a. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 257.071, 
  1.10  subdivision 1a, is amended to read: 
  1.11     Subd. 1a.  [PROTECTION OF HERITAGE OR BACKGROUND PLACEMENT 
  1.12  DECISIONS BASED ON BEST INTEREST OF THE CHILD.] The authorized 
  1.13  child-placing agency shall The policy of the state of Minnesota 
  1.14  is to ensure that the child's best interests are met by giving 
  1.15  due, not sole, consideration of the child's race or ethnic 
  1.16  heritage in making a family foster care placement. requiring an 
  1.17  individualized determination of the needs of the child and of 
  1.18  how the selected placement will serve the needs of the child 
  1.19  being placed.  The authorized child-placing agency shall place a 
  1.20  child, released by court order or by voluntary release by the 
  1.21  parent or parents, in a family foster home selected by following 
  1.22  the preferences described in section 260.181, subdivision 3.  
  1.23     Among the factors the agency shall consider in determining 
  1.24  the needs of the child are:  
  1.25     (1) the child's current functioning and behaviors; 
  1.26     (2) the medical, educational, and developmental needs of 
  2.1   the child; 
  2.2      (3) the child's history and past experience; 
  2.3      (4) the child's religious and cultural needs; 
  2.4      (5) the child's connection with a community, school, or 
  2.5   church; 
  2.6      (6) the child's interests and talents; 
  2.7      (7) the child's relationship to current caretakers, 
  2.8   parents, siblings, and relatives; and 
  2.9      (8) the reasonable preference of the child, if the court 
  2.10  deems the child to be of sufficient age to express preferences. 
  2.11     When there is not a family foster home of the same race or 
  2.12  ethnic heritage available that can meet the needs of the child, 
  2.13  the agency must place the child in a home of a foster family 
  2.14  that is of different racial or ethnic heritage that can meet the 
  2.15  needs of the child.  Placement of a child cannot be delayed or 
  2.16  denied based solely on race., color, or national origin of the 
  2.17  foster parent or the child.  Whenever possible, siblings should 
  2.18  be placed together unless it is determined not to be in the best 
  2.19  interests of each child.  
  2.20     Sec. 2.  Minnesota Statutes 1996, section 257.071, 
  2.21  subdivision 7, is amended to read: 
  2.22     Subd. 7.  [RULES.] By December 31, 1989, the commissioner 
  2.23  shall revise Minnesota Rules, parts 9545.0010 to 9545.0260, the 
  2.24  rules setting standards for family and group family foster 
  2.25  care.  The commissioner shall: 
  2.26     (1) require that, as a condition of licensure, foster care 
  2.27  providers attend training on the importance of protecting 
  2.28  understanding and validating the cultural heritage within the 
  2.29  meaning of Laws 1983, chapter 278, the Indian Child Welfare Act, 
  2.30  Public Law Number 95-608, and the Minnesota Indian family 
  2.31  preservation act, sections 257.35 to 257.3579 of all children in 
  2.32  their care, and on the importance of the Indian Child Welfare 
  2.33  Act, United States Code, title 25, sections 1901 to 1923, and 
  2.34  the Minnesota Indian Family Preservation Act, sections 257.35 to 
  2.35  257.3579; and 
  2.36     (2) review and, where necessary, revise foster care rules 
  3.1   to reflect sensitivity to cultural diversity and differing 
  3.2   lifestyles.  Specifically, the commissioner shall examine 
  3.3   whether space and other requirements discriminate against 
  3.4   single-parent, minority, or low-income families who may be able 
  3.5   to provide quality foster care reflecting the values of their 
  3.6   own respective cultures. 
  3.7      Sec. 3.  Minnesota Statutes 1996, section 257.072, 
  3.8   subdivision 1, is amended to read: 
  3.9      Subdivision 1.  [RECRUITMENT OF FOSTER FAMILIES.] Each 
  3.10  authorized child-placing agency shall make special efforts to 
  3.11  recruit a foster family from among the child's relatives, except 
  3.12  as authorized in section 260.181, subdivision 3.  In recruiting 
  3.13  placements for each child, the agency must focus on that child's 
  3.14  particular needs and the capacities of the particular 
  3.15  prospective foster parents to meet those needs.  Each agency 
  3.16  shall provide for diligent recruitment of potential foster 
  3.17  families that reflect the ethnic and racial diversity of the 
  3.18  children in the state for whom foster homes are needed.  Special 
  3.19  efforts include contacting and working with community 
  3.20  organizations and religious organizations and may include 
  3.21  contracting with these organizations, utilizing local media and 
  3.22  other local resources, conducting outreach activities, and 
  3.23  increasing the number of minority recruitment staff employed by 
  3.24  the agency.  The requirement of special efforts to locate 
  3.25  relatives in this section is satisfied if the responsible 
  3.26  child-placing agency has made appropriate efforts for six months 
  3.27  following the child's placement in a residential facility and 
  3.28  the court approves the agency's efforts pursuant to section 
  3.29  260.191, subdivision 3a.  The agency may accept any gifts, 
  3.30  grants, offers of services, and other contributions to use in 
  3.31  making special recruitment efforts. 
  3.32     Sec. 4.  Minnesota Statutes 1996, section 257.072, 
  3.33  subdivision 2, is amended to read: 
  3.34     Subd. 2.  [DUTIES OF COMMISSIONER.] The commissioner of 
  3.35  human services shall: 
  3.36     (1) in cooperation with child-placing agencies, develop a 
  4.1   cost-effective campaign using radio and television to recruit 
  4.2   minority adoptive and foster families that reflect the ethnic 
  4.3   and racial diversity of children in the state for whom adoptive 
  4.4   and foster homes are needed; and 
  4.5      (2) require that agency staff people who work in the area 
  4.6   of minority adoption and foster family recruitment attend 
  4.7   participate in cultural sensitivity competency training; and. 
  4.8      (3) monitor the record keeping, licensing, placement 
  4.9   preference, recruitment, review, and reporting requirements of 
  4.10  the minority child heritage protection act, Laws 1983, chapter 
  4.11  278. 
  4.12     Sec. 5.  Minnesota Statutes 1996, section 257.072, 
  4.13  subdivision 3, is amended to read: 
  4.14     Subd. 3.  [MINORITY RECRUITMENT SPECIALIST.] The 
  4.15  commissioner shall designate a permanent professional staff 
  4.16  position for a minority recruitment specialist of foster and 
  4.17  adoptive families.  The minority recruitment specialist shall 
  4.18  provide services to child-placing agencies seeking to 
  4.19  recruit minority adoptive and foster care families and qualified 
  4.20  minority professional staff.  The minority recruitment 
  4.21  specialist shall: 
  4.22     (1) develop materials for use by the agencies in training 
  4.23  staff; 
  4.24     (2) conduct in-service workshops for agency personnel; 
  4.25     (3) provide consultation, technical assistance, and other 
  4.26  appropriate services to agencies wishing to strengthen and 
  4.27  improve service delivery to minority diverse populations; and 
  4.28     (4) conduct workshops for foster care and adoption 
  4.29  recruiters to evaluate the effectiveness of techniques for 
  4.30  recruiting minority foster and adoptive families; and 
  4.31     (5) perform other duties as assigned by the commissioner to 
  4.32  implement the minority child heritage protection act and the 
  4.33  Minnesota Indian Family Preservation Act, sections 257.35 to 
  4.34  257.3579. 
  4.35     Upon recommendation of the minority recruitment specialist, 
  4.36  The commissioner may contract for portions of these services. 
  5.1      Sec. 6.  Minnesota Statutes 1996, section 257.072, 
  5.2   subdivision 4, is amended to read: 
  5.3      Subd. 4.  [CONSULTATION WITH MINORITY REPRESENTATIVES.] The 
  5.4   commissioner of human services shall, after seeking and 
  5.5   considering advice from representatives reflecting diverse 
  5.6   populations from the councils established under sections 3.922, 
  5.7   3.9223, 3.9225, and 3.9226, and other state, local, and 
  5.8   community organizations shall: 
  5.9      (1) review, and where necessary, revise the department of 
  5.10  human services social service manual and practice guide to 
  5.11  reflect the scope and intent of Laws 1983, chapter 278 federal 
  5.12  and state policy direction on placement of children; 
  5.13     (2) develop criteria for determining whether a prospective 
  5.14  adoptive or foster family is "knowledgeable and appreciative" as 
  5.15  the term is used in section 260.181, subdivision 3 has the 
  5.16  ability to understand and validate the child's cultural 
  5.17  background; 
  5.18     (3) develop a standardized training curriculum for adoption 
  5.19  and foster care workers, family-based providers, and 
  5.20  administrators who work with minority and special needs 
  5.21  children.  Training must address the following subjects 
  5.22  objectives: 
  5.23     (a) developing and maintaining sensitivity to other all 
  5.24  cultures; 
  5.25     (b) assessing values and their cultural implications; and 
  5.26     (c) implementing the minority child heritage protection 
  5.27  act, Laws 1983, chapter 278, and the Minnesota Indian family 
  5.28  preservation act, sections 257.35 to 257.3579 making 
  5.29  individualized decisions that advance the best interests of a 
  5.30  particular child under section 257.071, subdivision 1a; 
  5.31     (4) develop a training curriculum for family and extended 
  5.32  family members of minority adoptive and foster children of 
  5.33  color.  The curriculum must address issues relating to 
  5.34  cross-cultural placements as well as issues that arise after a 
  5.35  foster or adoptive placement is made; and 
  5.36     (5) develop and provide to agencies an assessment tool to 
  6.1   be used in combination with group interviews and other 
  6.2   preplacement activities to evaluate prospective adoptive and 
  6.3   foster families of minority children.  The tool must assess 
  6.4   problem-solving skills; identify parenting skills; and, when 
  6.5   required by section 260.181, subdivision 3, evaluate the degree 
  6.6   to which the prospective family is knowledgeable and 
  6.7   appreciative of racial and ethnic differences has the ability to 
  6.8   understand and validate the child's cultural background. 
  6.9      Sec. 7.  Minnesota Statutes 1996, section 257.072, 
  6.10  subdivision 7, is amended to read: 
  6.11     Subd. 7.  [DUTIES OF CHILD-PLACING AGENCIES.] Each 
  6.12  authorized child-placing agency must: 
  6.13     (1) develop and follow procedures for implementing the 
  6.14  order of preference prescribed by requirements of section 
  6.15  260.181, subdivision 3, and the Indian Child Welfare Act, United 
  6.16  States Code, title 25, sections 1901 to 1923;. 
  6.17     (a) In implementing the order of preference requirement to 
  6.18  consider relatives for placement, an authorized child-placing 
  6.19  agency may disclose private or confidential data, as defined in 
  6.20  section 13.02, to relatives of the child for the purpose of 
  6.21  locating a suitable placement.  The agency shall disclose only 
  6.22  data that is necessary to facilitate implementing the 
  6.23  preference.  If a parent makes an explicit request that the 
  6.24  relative preference not be followed, the agency shall bring the 
  6.25  matter to the attention of the court to determine whether the 
  6.26  parent's request is consistent with the best interests of the 
  6.27  child and the agency shall not contact relatives unless ordered 
  6.28  to do so by the juvenile court; and 
  6.29     (b) In determining the suitability of a proposed placement 
  6.30  of an Indian child, the standards to be applied must be the 
  6.31  prevailing social and cultural standards of the Indian child's 
  6.32  community, and the agency shall defer to tribal judgment as to 
  6.33  suitability of a particular home when the tribe has intervened 
  6.34  pursuant to the Indian Child Welfare Act; 
  6.35     (2) have a written plan for recruiting minority adoptive 
  6.36  and foster families that reflect the ethnic and racial diversity 
  7.1   of children in the state who are in need of foster and adoptive 
  7.2   homes.  The plan must include (a) strategies for using existing 
  7.3   resources in minority diverse communities, (b) use of 
  7.4   minority diverse outreach staff wherever possible, (c) use of 
  7.5   minority diverse foster homes for placements after birth and 
  7.6   before adoption, and (d) other techniques as appropriate; 
  7.7      (3) have a written plan for training adoptive and foster 
  7.8   families of minority children; 
  7.9      (4) if located in an area with a significant minority 
  7.10  population, have a written plan for employing minority social 
  7.11  workers staff in adoption and foster care who have the capacity 
  7.12  to assess the foster and adoptive parents' ability to understand 
  7.13  and validate a child's cultural needs, and to advance the best 
  7.14  interests of the child.  The plan must include staffing goals 
  7.15  and objectives; 
  7.16     (5) ensure that adoption and foster care workers attend 
  7.17  training offered or approved by the department of human services 
  7.18  regarding cultural diversity and the needs of special needs 
  7.19  children; and 
  7.20     (6) develop and implement procedures for implementing the 
  7.21  requirements of the Indian Child Welfare Act and the Minnesota 
  7.22  Indian Family Preservation Act. 
  7.23     Sec. 8.  Minnesota Statutes 1996, section 257.072, 
  7.24  subdivision 9, is amended to read: 
  7.25     Subd. 9.  [RULES.] The commissioner of human services shall 
  7.26  adopt rules to establish standards for conducting relative 
  7.27  searches, and recruiting foster and adoptive families of the 
  7.28  same racial or ethnic heritage as the child, and evaluating the 
  7.29  role of relative status in the reconsideration of 
  7.30  disqualifications under section 245A.04, subdivision 3b, and 
  7.31  granting variances of licensing requirements under section 
  7.32  245A.04, subdivision 9, in licensing or approving an individual 
  7.33  related to a child.  
  7.34     Sec. 9.  Minnesota Statutes 1996, section 259.29, is 
  7.35  amended to read: 
  7.36     259.29 [PROTECTION OF HERITAGE OR BACKGROUND BEST INTERESTS 
  8.1   IN ADOPTIVE PLACEMENTS.] 
  8.2      Subdivision 1.  [BEST INTERESTS OF THE CHILD.] The policy 
  8.3   of the state of Minnesota is to ensure that the best interests 
  8.4   of the child are met by requiring due, not sole, consideration 
  8.5   of the child's race or ethnic heritage in adoption placements.  
  8.6   For purposes of intercountry adoptions, due consideration is 
  8.7   deemed to have occurred if the appropriate authority in the 
  8.8   child's country of birth has approved the placement of the 
  8.9   child. individualized determination of the needs of the child 
  8.10  and of how the adoptive placement will serve the needs of the 
  8.11  child. 
  8.12     Among the factors the agency shall consider in determining 
  8.13  the needs of the child are:  
  8.14     (1) the child's current functioning and behaviors; 
  8.15     (2) the medical, educational, and developmental needs of 
  8.16  the child; 
  8.17     (3) the child's history and past experience; 
  8.18     (4) the child's religious and cultural needs; 
  8.19     (5) the child's connection with community, school, and 
  8.20  church; 
  8.21     (6) the child's interests and talents; 
  8.22     (7) the child's connection to current caretakers, parents, 
  8.23  siblings, and relatives; and 
  8.24     (8) the reasonable preference of the child, if the court 
  8.25  deems the child to be of sufficient age to express preferences.  
  8.26     Subd. 2.  [PLACEMENT WITH RELATIVE OR FRIEND.] The 
  8.27  authorized child-placing agency shall give preference, in the 
  8.28  absence of good cause to the contrary, to placing the child with 
  8.29  (a) a relative or relatives of the child, or, if that would be 
  8.30  detrimental to the child or a relative is not available, (b) an 
  8.31  important friend with whom the child has resided or had 
  8.32  significant contact, or if that is not possible, (c) a family 
  8.33  with the same racial or ethnic heritage as the child, or, if 
  8.34  that is not feasible, (d) a family of different racial or ethnic 
  8.35  heritage from the child which is knowledgeable and appreciative 
  8.36  of the child's racial or ethnic heritage., consistent with the 
  9.1   child's best interests, consider placement with a relative or 
  9.2   relatives of the child, or, if a relative is not available, an 
  9.3   important friend with whom the child has resided or had 
  9.4   significant contact.  In implementing the order of preference 
  9.5   this section, an authorized child-placing agency may disclose 
  9.6   private or confidential data, as defined in section 13.02, to 
  9.7   relatives of the child for the purpose of locating a suitable 
  9.8   adoptive home.  The agency shall disclose only data that is 
  9.9   necessary to facilitate implementing the preference.  
  9.10     If the child's birth parent or parents explicitly request 
  9.11  that the preference described in clause (a), (b), or 
  9.12  (c) placement with relatives or important friends not be 
  9.13  followed considered, the authorized child-placing agency shall 
  9.14  honor that request consistent with the best interests of the 
  9.15  child. 
  9.16     If the child's birth parent or parents express a preference 
  9.17  for placing the child in an adoptive home of the same or a 
  9.18  similar religious background to that of the birth parent or 
  9.19  parents, in following the preferences in clause (a), (b), or 
  9.20  (c), the agency shall place the child with a family that also 
  9.21  meets the birth parent's religious preference.  Only if no 
  9.22  family is available that is described in clause (a), (b), or (c) 
  9.23  may the agency give preference to a family described in clause 
  9.24  (d) that meets the parent's religious preference. 
  9.25     This subdivision does not affect the Indian Child Welfare 
  9.26  Act, United States Code, title 25, sections 1901 to 1923, and 
  9.27  the Minnesota Indian Family Preservation Act, sections 257.35 to 
  9.28  257.3579. 
  9.29     Sec. 10.  Minnesota Statutes 1996, section 259.57, 
  9.30  subdivision 2, is amended to read: 
  9.31     Subd. 2.  [PROTECTION OF HERITAGE OR BACKGROUND THE CHILD'S 
  9.32  BEST INTERESTS.] (a) The policy of the state of Minnesota is to 
  9.33  ensure that the best interests of children are met by 
  9.34  requiring due, not sole, consideration of the child's race or 
  9.35  ethnic heritage in adoption placements.  For purposes of 
  9.36  intercountry adoptions, due consideration is deemed to have 
 10.1   occurred if the appropriate authority in the child's country of 
 10.2   birth has approved the placement of the child an individualized 
 10.3   determination of the needs of the child and how the adoptive 
 10.4   placement will serve the needs of the child.  
 10.5      Among the factors the agency shall consider in determining 
 10.6   the needs of the child are: 
 10.7      (1) the child's current functioning and behaviors; 
 10.8      (2) the medical education and developmental needs of the 
 10.9   child; 
 10.10     (3) the child's history and past experience; 
 10.11     (4) the child's religious and cultural needs; 
 10.12     (5) the child's connection with a community, school, and 
 10.13  church; 
 10.14     (6) the child's interest and talents; 
 10.15     (7) the child's relationship to current caretakers, 
 10.16  parents, siblings, and relatives; and 
 10.17     (8) the reasonable preference of the child, if the court 
 10.18  deems the child to be of sufficient age to express preference. 
 10.19     (b) In reviewing adoptive placement, the court shall 
 10.20  consider preference, and in determining appropriate adoption, 
 10.21  the court shall give preference, in the absence of good cause to 
 10.22  the contrary, to (a) consider placement consistent with the 
 10.23  child's best interests with a relative or relatives of the 
 10.24  child, or, if that would be detrimental to the child or a 
 10.25  relative is not available, to (b) a family with the same racial 
 10.26  or ethnic heritage as the child, or if that is not feasible, to 
 10.27  (c) a family of different racial or ethnic heritage from the 
 10.28  child that is knowledgeable and appreciative of the child's 
 10.29  racial or ethnic heritage. an important friend with whom the 
 10.30  child has resided or had significant contact.  Placement of a 
 10.31  child cannot be delayed or denied based on race, color, or 
 10.32  national origin of the foster parent or the child.  Whenever 
 10.33  possible, siblings should be placed together unless it is 
 10.34  determined not to be in the best interests of each child.  
 10.35     (c) If the child's birth parent or parents explicitly 
 10.36  request that the preference described in clause (a) or in 
 11.1   clauses (a) and (b) relatives and important friends not be 
 11.2   followed considered, the court shall honor that request 
 11.3   consistent with the best interests of the child. 
 11.4      If the child's birth parent or parents express a preference 
 11.5   for placing the child in an adoptive home of the same or a 
 11.6   similar religious background to that of the birth parent or 
 11.7   parents, in following the preferences in clause (a) or (b), the 
 11.8   court shall place the child with a family that also meets the 
 11.9   birth parent's religious preference.  Only if no family is 
 11.10  available as described in clause (a) or (b) may the court give 
 11.11  preference to a family described in clause (c) that meets the 
 11.12  parent's religious preference. 
 11.13     This subdivision does not affect the Indian Child Welfare 
 11.14  Act, United States Code, title 25, sections 1901 to 1923, and 
 11.15  the Minnesota Indian Family Preservation Act, sections 257.35 to 
 11.16  257.3579. 
 11.17     Sec. 11.  Minnesota Statutes 1996, section 259.77, is 
 11.18  amended to read: 
 11.19     259.77 [FAMILY RECRUITMENT.] 
 11.20     Each authorized child-placing agency shall make special 
 11.21  efforts to recruit an adoptive family from among the child's 
 11.22  relatives, except as authorized in section 259.57, subdivision 
 11.23  2.  Each agency shall provide for the diligent recruitment of 
 11.24  potential adoptive families that reflect the ethnic and racial 
 11.25  diversity of children in the state for whom adoptive homes are 
 11.26  needed.  Special efforts include contacting and working with 
 11.27  community organizations and religious organizations and may 
 11.28  include contracting with these organizations, utilizing local 
 11.29  media and other local resources, and conducting outreach 
 11.30  activities.  The requirement of special efforts to locate 
 11.31  relatives in this section is satisfied if the efforts have 
 11.32  continued for six months after the child becomes available for 
 11.33  adoption special efforts were made to recruit relatives when the 
 11.34  child was first placed in out-of-home care or if special efforts 
 11.35  have been satisfied and approved by the court pursuant according 
 11.36  to section 260.191, subdivision 3a.  The agency may accept any 
 12.1   gifts, grants, offers of services, and other contributions to 
 12.2   use in making special recruitment efforts. 
 12.3      Sec. 12.  Minnesota Statutes 1996, section 260.181, 
 12.4   subdivision 3, is amended to read: 
 12.5      Subd. 3.  [PROTECTION OF HERITAGE OR BACKGROUND THE CHILD'S 
 12.6   BEST INTERESTS.] The policy of the state is to ensure that the 
 12.7   best interests of children are met by requiring due, not sole, 
 12.8   consideration of the child's race or ethnic 
 12.9   heritage individualized determinations of the needs of the child 
 12.10  and of how the selected placement will serve the needs of the 
 12.11  child in foster care placements.  
 12.12     Among the factors to be considered in determining the needs 
 12.13  of the child are:  
 12.14     (1) the child's current functioning and behaviors; 
 12.15     (2) the medical, educational, and developmental needs of 
 12.16  the child; 
 12.17     (3) the child's history and past experience; 
 12.18     (4) the child's religious and cultural needs; 
 12.19     (5) the child's connection with a community, school, and 
 12.20  church; 
 12.21     (6) the child's interests and talents; 
 12.22     (7) the child's relationship to current caretakers, 
 12.23  parents, siblings, and relatives; and 
 12.24     (8) the reasonable preference of the child, if the court 
 12.25  deems the child to be of sufficient age to express preferences.  
 12.26     The court, in transferring legal custody of any child or 
 12.27  appointing a guardian for the child under the laws relating to 
 12.28  juvenile courts, shall place the child, in the following order 
 12.29  of preference, consider placement consistent with the child's 
 12.30  best interests in the absence of good cause to the contrary, in 
 12.31  the legal custody or guardianship of an individual who (a) is 
 12.32  related to the child by blood, marriage, or adoption, or if that 
 12.33  would be detrimental to the child or a relative is not 
 12.34  available, who (b) is an important friend with whom the child 
 12.35  has resided or had significant contact, or if that is not 
 12.36  possible, who (c) is of the same racial or ethnic heritage as 
 13.1   the child, or if that is not possible, who (d) is knowledgeable 
 13.2   and appreciative of the child's racial or ethnic 
 13.3   heritage.  Placement of a child cannot be delayed or denied 
 13.4   based on race, color, or national origin of the foster parent or 
 13.5   the child.  Whenever possible, siblings should be placed 
 13.6   together unless it is determined not to be in the best interests 
 13.7   of each child. 
 13.8      If the child's birth parent or parents explicitly request 
 13.9   that the preference described in clause (a), (b), or (c) a 
 13.10  relative or important friend not be followed considered, the 
 13.11  court shall honor that request if it is consistent with the best 
 13.12  interests of the child. 
 13.13     If the child's birth parent or parents express a preference 
 13.14  for placing the child in a foster or adoptive home of the same 
 13.15  or a similar religious background to that of the birth parent or 
 13.16  parents, in following the preferences in clause (a), (b), or 
 13.17  (c), the court shall order placement of the child with an 
 13.18  individual who meets the birth parent's religious preference.  
 13.19  Only if no individual is available who is described in clause 
 13.20  (a), (b), or (c) may the court give preference to an individual 
 13.21  described in clause (d) who meets the parent's religious 
 13.22  preference. 
 13.23     This subdivision does not affect the Indian Child Welfare 
 13.24  Act, United States Code, title 25, sections 1901 to 1923, and 
 13.25  the Minnesota Indian Family Preservation Act, sections 257.35 to 
 13.26  257.3579. 
 13.27     Sec. 13.  Minnesota Statutes 1996, section 260.191, 
 13.28  subdivision 1a, is amended to read: 
 13.29     Subd. 1a.  [WRITTEN FINDINGS.] Any order for a disposition 
 13.30  authorized under this section shall contain written findings of 
 13.31  fact to support the disposition ordered, and shall also set 
 13.32  forth in writing the following information: 
 13.33     (a) Why the best interests of the child are served by the 
 13.34  disposition ordered; 
 13.35     (b) What alternative dispositions were considered by the 
 13.36  court and why such dispositions were not appropriate in the 
 14.1   instant case; 
 14.2      (c) In the case of a child of minority racial or minority 
 14.3   ethnic heritage, How the court's disposition complies with the 
 14.4   requirements of section 260.181, subdivision 3; and 
 14.5      (d) Whether reasonable efforts consistent with section 
 14.6   260.012 were made to prevent or eliminate the necessity of the 
 14.7   child's removal and to reunify the family after removal.  The 
 14.8   court's findings must include a brief description of what 
 14.9   preventive and reunification efforts were made and why further 
 14.10  efforts could not have prevented or eliminated the necessity of 
 14.11  removal. 
 14.12     If the court finds that the social services agency's 
 14.13  preventive or reunification efforts have not been reasonable but 
 14.14  that further preventive or reunification efforts could not 
 14.15  permit the child to safely remain at home, the court may 
 14.16  nevertheless authorize or continue the removal of the child.