DHS Program Resources

Minnesota African American Family Preservation and Child Welfare Disproportionality Act (MAAFPCWDA)

Minnesota is raising the standard for out-of-home placement and permanency for children. New legislation requires child welfare agencies to make “active efforts” to prevent family separation and promote reunification for African American and disproportionately represented children.

Legislation overview

Minnesota Statutes, Chapter 117 contains several provisions that support greater protections for African American children and children who are overrepresented in Minnesota’s child welfare system, including the Minnesota African American Family Preservation and Child Welfare Disproportionality Act. These provisions have varying effective dates as noted below.

Establishment of the Act

Minnesota Statutes, Chapter 117 establishes the Minnesota African American Family Preservation and Child Welfare Disproportionality Act within Minn. Stat. §§ 260.61 to 260.693. Key provisions of the Act include, but are not limited to:

• Requiring DCYF to annually determine which categories of race, culture, ethnicity, income, and disability status are overrepresented, based on child welfare data compared to statewide child data.
• Requiring responsible social service agencies to provide active efforts to prevent out-of-home placement and reunify families, and to implement safety plans with specific parameters to allow children to remain in their home in most cases for all children to whom the Act applies.
• Limiting the use of emergency removals, foster care placements and terminations of parental rights to better ensure children are not unnecessarily removed from their homes either temporarily or permanently.
• Requiring cultural competency training for case workers, supervisors, judges, guardians ad litem and attorneys working in the child welfare system
• Mandating responsible social service agency case reviews and annual summary reports beginning Oct. 1, 2029 (except for Hennepin and Ramsey Counties, which must provide reports beginning Jan. 1, 2026), with outcomes based on guidance from the commissioner (required by Nov. 1, 2028, and annually thereafter)
• Establishing the African American and Disproportionately Represented Family Preservation grant program, with an ongoing appropriation of $1 million beginning state fiscal year 2025.
• Permanently establishing both the African American Child Well-being Unit and Advisory Council, with specific duties and responsibilities, including annual reports.

Sections 11 to 13 of the Act, which establish the African American Child Well-being Unit, Advisory Council, and grant program, are effective July 1, 2024. The remaining sections of the Act (sections 1 to 10) are effective January 1, 2025, for Hennepin and Ramsey Counties and July 1, 2027, statewide, as explained in part B below.

(Laws of Minnesota 2024, chapter 117, sections 1-13.)

Phase-in program

DCYF is required to establish a phase-in program where, prior to statewide implementation of the Act and provisions related to reestablishment of parental rights modifications, data disaggregation and the compliance portal, Hennepin and Ramsey Counties will implement them first, beginning Jan. 1, 2025. One-time funding of $5 million in fiscal year 2025 is appropriated to support Hennepin and Ramsey Counties’ implementation needs, to be split equally between the two counties. Funding is available until June 30, 2026. While other counties may also participate in the phase-in program, available funding is limited to Hennepin and Ramsey Counties. Prior to the phase-in program expiration date of July 1, 2027, DCYF must submit a report to the legislature on outcomes of the phase-in program.

Effective July 1, 2024, DCYF must establish a working group to provide guidance and oversight of the phase-in program, evaluate costs and assess future costs. Members of the working group must consist of representatives from the Minnesota Association of County Social Service Administrators, the Association of Minnesota Counties, the Minnesota Inter-County Association, the Minnesota County Attorneys Association, Hennepin County, Ramsey County, DHS and community organizations with experience in child welfare (that may be recommended by the legislature).

The working group must submit an interim report to the legislature by Jan. 1, 2026, that includes initial implementation needs and recommendations for statutory or policy changes to support statewide implementation. By Sept. 1, 2026, the working group must develop an implementation plan with best practices for statewide implementation.

(Laws of Minnesota 2024, chapter 117, sections 20-21 and 22 (a).)

Reestablishment of parental rights modifications

The Family Reunification Act, which allows parents and county attorneys to file petitions to reestablish parental rights of children under guardianship of the commissioner under certain conditions, was amended to allow children ages 10 or older, responsible social service agencies and guardians ad litem to also be able to file these petitions. Additionally, the length of time a child must have been in foster care following a termination of parental rights court order for a reestablishment petition to be filed was reduced from 48 months to 24 months. These modifications are effective Jan. 1, 2025, for Hennepin and Ramsey Counties and statewide by Jan. 1, 2027.

(Laws of Minnesota 2024, chapter 117, sections 14-15.)

Disaggregation of data

By Jan. 1, 2027, DCYF is required to disaggregate data to monitor child welfare outcomes across various categories including race, ethnicity, culture, low-income socioeconomic status, and disability status. This will require updates to the Social Service Information System (SSIS).

(Laws of Minnesota 2024, chapter 117, section 16.)

Best practice guidance

By Jan. 1, 2027, DCYF must develop and publish best practice guidance on:

• Maintaining connections and relationships between African American and disproportionately represented children and their parents, custodians, and relatives.
• Engaging and assessing noncustodial or non-adjudicated parents to care for their African American and disproportionately represented children.

(Laws of Minnesota 2024, chapter 117, section 18.)

Compliance system and portal

DCYF is required to develop, maintain, and administer a publicly accessible online compliance and feedback portal that covers the Act and other child maltreatment, safety, and placement statutes. This must be in effect for Hennepin and Ramsey Counties by Jan. 1, 2025, and statewide by Jan. 1, 2027.

Effective July 1, 2024, DCYF must consult with counties and the phase-in program working group to develop a system to review county compliance with the Act. By Jan. 1, 2026, DCYF must submit a report to the legislature that includes the proposed system with recommended statutory language to codify it.

(Laws of Minnesota 2024, chapter 117, sections 17 and 19.)

Implementation timeline

Effective July 1, 2024

• Permanent establishment of the African American Child Well-Being Unit within the Department of Children, Youth, and Families (DCYF); and permanent establishment of the African American Child Well-Being Advisory Council.
• Establishment of grants to provide services and support for African American and disproportionately represented children and their families involved in Minnesota's child welfare system.
• A working group of county and community organizations is established to provide implementation guidance and oversight, including cost monitoring and forecasting, recommend statutory or policy changes necessary for implementation, and develop a state-wide implementation and best practices plan.

Effective January 1, 2025

• Establishment of a phase-in program where Hennepin and Ramsey Counties implement provisions of MAAFPCWDA. DCYF provides a one-time $2,500,000 grant to each county to support implementation.

Effective January 1, 2027

• MAAFPCWDA goes into effect statewide.
• All case workers, supervisors, judges, guardians ad litem, and others working in the child welfare system required to receive cultural competency training.
• Counties shall review all child welfare cases for children to whom MAAFPCWDA applies and produce a report detailing outcome trends of disproportionally represented children.
• DCYF shall develop a system to review county compliance with MAAFPCWDA and a compliance and a feedback portal to receive reports of non-compliance with MAAFPCWDA.

Implementation updates

October 28, 2024

• Initial active efforts training for phase-in counties is being developed by the Minnesota Child Welfare Training Academy in full partnership with community trainers.
• Development of best practice guidance and court changes is underway.
• Launch of MAAFPCWDA Implementation website.
• Procedures for data reporting and case reviews in development.
• Compliance and feedback portal in development.
• Changes to SSIS in development.

Frequently Asked Questions

Coming soon.

Contact

Contact Child Safety and Permanency staff at DCYF for more information: dcyf.child.safety-permanency@state.mn.us