Subd. 1a.

Active efforts.

new text begin (a) new text end "Active efforts" means a rigorous and concerted level of
effort new text begin to preserving the Indian child's family new text end that is ongoing throughout the involvement of
the child-placing agency deleted text begin to continuously involve the Indian child's Tribe and that uses thedeleted text end new text begin
or the petitioner with the Indian child. Active efforts require the engagement of the Indian
child, the Indian child's parents, the Indian custodian, the extended family, and the Tribe in
using thenew text end prevailing social and cultural values, conditions, and way of life of the Indian
child's Tribe tonew text begin : (1)new text end preserve the Indian child's family deleted text begin anddeleted text end new text begin ; (2)new text end prevent placement of an
Indian child deleted text begin and,deleted text end new text begin ; (3)new text end if placement occurs, to return the Indian child to the new text begin Indian new text end child's
family at the earliest possible timenew text begin ; and (4) where a permanent change in parental rights or
custody are necessary, ensure the Indian child retains meaningful connections to the Indian
child's family, extended family, and Tribenew text end .

new text begin (b)new text end Active efforts deleted text begin under sectiondeleted text end new text begin for all Indian child placements includes this section and
sections 260.012 andnew text end 260.762 new text begin and new text end require a higher standard than reasonable efforts new text begin as defined
in section 260.012 new text end to preserve the family, prevent breakup of the family, and reunify the
family. Active efforts deleted text begin include reasonable efforts as required by Title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 679cdeleted text end new text begin are required for all Indian
child placement proceedings and for all voluntary Indian child placements that involve a
child-placing agency regardless of whether the reasonable efforts would have been relieved
under section 260.012new text end .

Subd. 2a.

Best interests of an Indian child.

"Best interests of an Indian child" means
compliance with the new text begin federal new text end Indian Child Welfare Act and the Minnesota Indian Family
Preservation Act to preserve and maintain an Indian child's family. The best interests of an
Indian child support the new text begin Indian new text end child's sense of belonging to family, extended family, and
Tribe. The best interests of an Indian child are interwoven with the best interests of the
Indian child's Tribe.

Subd. 3.

Child placement proceeding.

(a) "Child placement proceeding" includes a
judicial proceeding which could result in:

(1) "adoptive placement," meaning the permanent placement of an Indian child for
adoption, including an action resulting in a final decree of adoption;

(2) "involuntary foster care placement," meaning an action removing an Indian child
from the child's parents or Indian custodian for temporary placement in a foster home,
institution, or the home of a guardian. The parent or Indian custodian cannot have the Indian
child returned upon demand, but parental rights have not been terminated;

(3) "preadoptive placement," meaning the temporary placement of an Indian child in a
foster home or institution after the termination of parental rights, before or instead of adoptive
placement; or

(4) "termination of parental rights," meaning an action resulting in the termination of
the parent-child relationship under section 260C.301.

(b) The term child placement proceeding new text begin is a domestic relations proceeding that new text end includes
all placements where Indian children are placed deleted text begin out-of-home ordeleted text end away from the care, custody,
and control of their parent or parents or Indian custodian that do not implicate custody
between the parents. Child placement proceeding also includes any placement based upon
juvenile status offensesdeleted text begin ,deleted text end but does not include a placement based upon an act which if
committed by an adult would be deemed a crime, or upon an award of custody in a divorce
proceeding to one of the parents.

Subd. 3a.

Child-placing agency.

"Child-placing agency" means a public, private, or
nonprofit legal entity: (1) providing assistance to deleted text begin adeleted text end new text begin an Indiannew text end child and the new text begin Indian new text end child's
deleted text begin parent ordeleted text end parentsnew text begin or Indian custodiannew text end ; or (2) placing deleted text begin adeleted text end new text begin an Indiannew text end child in foster care or for
adoption on a voluntary or involuntary basis.

Subd. 5.

Demand.

"Demand" means a written and notarized statement signed by a parent
or Indian custodian of deleted text begin adeleted text end new text begin an Indiannew text end child which requests the return of the new text begin Indian new text end child who
has been voluntarily placed in foster care.

Subd. 5b.

Extended family member.

"Extended family member" is as defined by the
law or custom of the Indian child's Tribe or, in the absence of any law or custom of the
Tribe, is a person who has reached the age of 18 and who is the Indian child's grandparent,
aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or
second cousin, or stepparent.new text begin The legal parent, guardian, or custodian of the Indian child's
sibling is not an extended family member or relative of an Indian child unless they are
independently related to the Indian child or recognized by the Indian child's Tribe as an
extended family member.
new text end

Subd. 14.

Parent.

"Parent" means the biological parent of an Indian childdeleted text begin ,deleted text end or any deleted text begin Indiandeleted text end
person who has lawfully adopted an Indian child, including a person who has adopted deleted text begin adeleted text end new text begin an
Indiannew text end child by Tribal law or custom. Parent includes a father as defined by Tribal law or
custom. Parent does not include an unmarried father whose paternity has not been
acknowledged or established. Paternity has been acknowledged when an unmarried father
takes any action to hold himself out as the biological father of an Indian child.

Subd. 17a.

Qualified expert witness.

"Qualified expert witness" means an individual
who deleted text begin (1) has specific knowledge of the Indian child's tribe's culture and customs, ordeleted text end meets
the criteria in section 260.771, subdivision 6, paragraph (d), and (2) provides testimony as
required by the Indian Child Welfare Act of 1978, United States Code, title 25, section
1912, new text begin