Subd. 2.

Notice to Tribes of services or court proceedings involving an Indian
child.

(a) When a child-placing agency has information that a family assessment,
investigation, or noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment being conducted may
involve an Indian child, the child-placing agency shall notify the Indian child's Tribe of the
family assessment, investigation, or noncaregiver deleted text begin sexdeleted text end new text begin humannew text end trafficking assessment according
to section 260E.18. The child-placing agency shall provide initial notice by telephone and
by email or facsimile and shall include the child's full name and date of birth; the full names
and dates of birth of the child's biological parents; and if known the full names and dates
of birth of the child's grandparents and of the child's Indian custodian. If information
regarding the child's grandparents or Indian custodian is not immediately available, the
child-placing agency shall continue to request this information and shall notify the Tribe
when it is received. Notice shall be provided to all Tribes to which the child may have any
Tribal lineage. The child-placing agency shall request that the Tribe or a designated Tribal
representative participate in evaluating the family circumstances, identifying family and
Tribal community resources, and developing case plans. The child-placing agency shall
continue to include the Tribe in service planning and updates as to the progress of the case.

(b) When a child-placing agency has information that a child receiving services may be
an Indian child, the child-placing agency shall notify the Tribe by telephone and by email
or facsimile of the child's full name and date of birth, the full names and dates of birth of
the child's biological parents, and, if known, the full names and dates of birth of the child's
grandparents and of the child's Indian custodian. This notification must be provided for the
Tribe to determine if the child is a member or eligible for Tribal membership, and the agency
must provide this notification to the Tribe within seven days of receiving information that
the child may be an Indian child. If information regarding the child's grandparents or Indian
custodian is not available within the seven-day period, the child-placing agency shall continue
to request this information and shall notify the Tribe when it is received. Notice shall be
provided to all Tribes to which the child may have any Tribal lineage.

(c) In all child placement proceedings, when a court has reason to believe that a child
placed in emergency protective care is an Indian child, the court administrator or a designee
shall, as soon as possible and before a hearing takes place, notify the Tribal social services
agency by telephone and by email or facsimile of the date, time, and location of the
emergency protective care or other initial hearing. The court shall make efforts to allow
appearances by telephone or video conference for Tribal representatives, parents, and Indian
custodians.

(d) The child-placing agency or individual petitioner shall effect service of any petition
governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt
requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least
10 days before the admit-deny hearing is held. If the identity or location of the Indian child's
parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall
provide the notice required in this paragraph to the United States Secretary of the Interior,
Bureau of Indian Affairs by certified mail, return receipt requested.

(e) A Tribe, the Indian child's parents, or the Indian custodian may request up to 20
additional days to prepare for the admit-deny hearing. The court shall allow appearances
by telephone, video conference, or other electronic medium for Tribal representatives, the
Indian child's parents, or the Indian custodian.

(f) A child-placing agency or individual petitioner must provide the notices required
under this subdivision at the earliest possible time to facilitate involvement of the Indian
child's Tribe. Nothing in this subdivision is intended to hinder the ability of the child-placing
agency, individual petitioner, and the court to respond to an emergency situation. Lack of
participation by a Tribe shall not prevent the Tribe from intervening in services and
proceedings at a later date. A Tribe may participate in a case at any time. At any stage of
the child-placing agency's involvement with an Indian child, the agency shall provide full
cooperation to the Tribal social services agency, including disclosure of all data concerning
the Indian child. Nothing in this subdivision relieves the child-placing agency of satisfying
the notice requirements in state or federal law.

Subd. 2.

Requirements for child-placing agencies and individual petitioners.

A
child-placing agency or individual petitioner shall:

(1) work with the Indian child's Tribe and family to develop an alternative plan to
out-of-home placement;

(2) before making a decision that may affect an Indian child's safety and well-being or
when contemplating out-of-home placement of an Indian child, seek guidance from the
Indian child's Tribe on family structure, how the family can seek help, what family and
Tribal resources are available, and what barriers the family faces at that time that could
threaten its preservation; deleted text begin and
deleted text end

(3) request participation of the Indian child's Tribe at the earliest possible time and
request the Tribe's active participation throughout the casedeleted text begin .deleted text end new text begin ; and
new text end

new text begin (4) notify the Indian child's Tribe or Tribes by telephone and by email or facsimile
immediately but no later than 24 hours after receiving information on a missing child as
defined under section 260C.212, subdivision 13, paragraph (a).
new text end

Subd. 5.

Child abuse.

"Child abuse" means an act that involves a minor victim that
constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,new text begin 609.282,new text end
609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.3458, 609.377, 609.378,
617.246, or that is physical or sexual abuse as defined in section 260E.03, or an act committed
in another state that involves a minor victim and would constitute a violation of one of these
sections if committed in this state.