Purpose

• To modify the Minnesota African American Family Preservation and Child Welfare Disproportionality Act to require focused review and oversight of child welfare cases involving African American and other disproportionately represented children.
• To create structured remediation plans and guidance aimed at reducing disproportionality and disparities in child welfare outcomes.
• To provide funding to support staffing and service provision needed to implement these changes.

Main Provisions

• Case review requirement (revised for 260.68, subd. 2):

  • The commissioner must conduct a review of all child welfare cases involving African American and other disproportionately represented children handled by each responsible social services agency.
  • Agencies must provide the commissioner with requested information in a timely manner.
  • The commissioner must create three items in a summary report: (a) trends identified, (b) remediation plans, and (c) updates on implementation of previous remediation plans.
  • The first summary report must be provided by October 1, 2029, to the African American Child Well-Being Advisory Council, the commissioner, the responsible agencies, and the chairs and ranking minority members of the legislative committees with jurisdiction over child welfare; reports will be issued annually thereafter.
  • Agencies and the commissioner will use guidance established by the commissioner, starting November 1, 2028, and updated annually.

• Data and content of the case review (section 1(b)):

  • Include the number of African American and disproportionately represented children in the county child welfare system.
  • Track the number and sources of maltreatment reports, reports screened in for investigation or referred for family assessment, and the race of children and parents involved.
  • Track the number and race of children receiving in-home preventive case management services.
  • Track the number and race of children whose parents or custodians are referred to culturally appropriate, strength-based, or trauma-informed services.
  • Track the number and race of children removed from their homes.
  • Track the number and race of children reunified with their parents or custodians.
  • Track the number and race of children whose parents or custodians are offered family group decision-making services.
  • Track the number and race of children whose parents or custodians are offered the parent support outreach program.
  • Track the number and race of children in foster care or out-of-home placement at the time of data collection.
  • Track the number and race of children who achieve permanency through a transfer of permanent legal and physical custody to a relative or through adoption.
  • Track the number and race of children who are under the guardianship of the commissioner or awaiting a permanency disposition.

• Additional review requirements (section 1(c)):

  • Identify barriers to reunifying children with their families.
  • Identify family conditions that led to out-of-home placement.
  • Identify barriers to accessing culturally informed mental health or substance use disorder treatment services for parents or children.
  • Document efforts to identify fathers and maternal/paternal relatives and to provide services to custodial and noncustodial fathers when appropriate.
  • Document and summarize court reviews of active efforts.

• Remediation when disproportionality is identified (section 1(d)):

  • If the commissioner identifies disproportionality and disparities in a case review, the commissioner must require the agency to develop a remediation plan with measurable outcomes to address the factors behind the disproportionality and disparities.
  • The remediation plan must describe how the agency will achieve trauma-informed positive child wellbeing outcomes through its remediation efforts.

• Funding and implementation (Sec. 2):

  • A appropriation in fiscal year 2027 from the general fund to the commissioner of Children, Youth, and Families to distribute to responsible social services agencies to support staffing and service provision necessary to implement the act.

Significant Changes to Existing Law

• Establishes a formal, data-driven case review process focused specifically on African American and other disproportionately represented children in the state’s child welfare system.
• Requires comprehensive data collection across multiple dimensions (maltreatment reports, services, permanency outcomes, barriers, and active efforts).
• Introduces mandatory remediation plans for agencies with identified disproportionality, tying outcomes to trauma-informed, positive child wellbeing goals.
• Creates a structured, annual reporting cycle with a defined start date for guidance and a first comprehensive report in 2029, along with ongoing oversight to the African American Child Well-Being Advisory Council and legislative leadership.

Timeline and Implementation Details

• Guidance to agencies: starting November 1, 2028 (and annually thereafter).
• First summary report date: October 1, 2029 (annual reports to follow).
• Funding: appropriation designated for fiscal year 2027 to support implementation.

Terminology and Concepts Emphasized

• African American and other disproportionately represented children
• Disproportionality and disparities in child welfare outcomes
• Case review and data-driven reporting
• Trauma-informed and culturally informed services
• Family group decision-making services
• Active efforts and permanency processes (including relative custody, adoption, guardianship)
• Reunification barriers and family conditions
• Parent support outreach
• In-home preventive services
• Strength-based and culturally appropriate services

Potential Impacts

• Increased monitoring and accountability of child welfare agencies regarding racial disparities.
• More targeted funding and staffing to implement reforms.
• Systematic identification and addressing of barriers to reunification and culturally appropriate care.
• Greater transparency through annual public-facing reporting to oversight bodies and lawmakers.

Relevant Terms - African American - disproportionality - child welfare - case review - trauma-informed - culturally appropriate - strength-based - family group decision-making - parent support outreach - permanency - relative custody - adoption - guardianship - active efforts - maltreatment reports - in-home preventive services - court reviews - remediation plan - measurable outcomes - advisory council - general fund appropriation - Minnesota Statutes 260.68 subdivision 2