Minnesota is preparing for a significant change in how its child protection system works with African American families and other families whose children are disproportionately represented in the child welfare system.
The Minnesota African American Family Preservation and Child Welfare Disproportionality Act, often shortened to MAAFPCWDA, was passed by the Minnesota Legislature in 2024. The law creates additional requirements intended to prevent unnecessary family separation, strengthen efforts to keep children safely at home, and improve reunification when children have been placed outside the home.
The law is currently being phased in, with Hennepin and Ramsey counties serving as the initial implementation counties. Beginning January 1, 2027, its requirements are scheduled to take effect statewide.
For parents involved in a Minnesota CHIPS case, particularly African American parents, this law could have a meaningful effect on how the county approaches their case and what efforts must be made before removing a child or seeking termination of parental rights.
Why Did Minnesota Pass the African American Family Preservation Act?
The law grew out of longstanding concerns about racial disparities in Minnesota’s child welfare system.
According to the Minnesota Department of Children, Youth, and Families (DCYF), African American children represented approximately 16% of Minnesota’s child population in 2025 but accounted for 29% of child protection cases. American Indian children represented approximately 4% of the child population and 20% of child protection cases.
MAAFPCWDA is intended to address disparities like these by changing how child welfare agencies work with families before, during, and after child protection proceedings.
At its core, the law emphasizes an important principle: when it can be done safely, preserving a child’s connection to family, relatives, community, and culture should be a priority.
Who Is Protected Under MAAFPCWDA?
Despite its name, the Minnesota African American Family Preservation and Child Welfare Disproportionality Act is not limited exclusively to African American children.
The Act specifically protects African American children and families, but it also establishes protections for children who belong to other groups identified as disproportionately represented in Minnesota’s child welfare system.
DCYF is responsible for reviewing child welfare data and identifying populations that meet that definition. That means the groups covered by the Act may depend in part on state data and implementation guidance.
This makes it especially important for parents and their attorneys to identify early in a CHIPS proceeding whether MAAFPCWDA applies to the child and family.
What Does the Law Change in Minnesota CHIPS Cases?
One of the most significant provisions of MAAFPCWDA involves the efforts counties must make to preserve families.
In many Minnesota child protection proceedings, social services agencies are required to make “reasonable efforts” to prevent placement and reunify families.
MAAFPCWDA establishes an “active efforts” standard for families covered by the Act. Under Minnesota law, active efforts are a higher standard than reasonable efforts.
That distinction can matter throughout a CHIPS case.
Active efforts require the responsible social services agency to continuously involve the family in services, including case planning and choosing services and providers. Agencies must consider the family’s social and cultural values when providing those services.
The goal is not simply to offer a parent a list of services. The county must actively work with the family to address the issues that brought the family into the child protection system and, whenever safely possible, prevent removal or reunify the family.
Greater Emphasis on Keeping Children Safely with Family
MAAFPCWDA places a strong emphasis on preventing unnecessary out-of-home placement.
That can include developing culturally responsive safety plans that allow a child to remain at home while concerns are addressed. When a child cannot safely remain with a parent, the law also emphasizes maintaining family connections and pursuing reunification.
For parents, this may affect questions such as:
- What did the county do before removing the child?
- Were alternatives to foster care meaningfully considered?
- Was the parent involved in developing the case plan?
- Were services appropriate for the family’s circumstances and culture?
- Did the county actively help the parent access and participate in those services?
- If the child was removed, what was done to reunify the family as soon as safely possible?
These questions can become particularly important when a CHIPS case moves toward permanency or termination of parental rights.
How Could MAAFPCWDA Affect Termination of Parental Rights Cases?
Termination of parental rights is among the most serious actions a court can take in a child protection case. MAAFPCWDA was specifically designed in part to reduce unnecessary permanent separation of families.
The Act strengthens oversight of out-of-home placements and termination of parental rights for covered children. Because the law requires active efforts toward family preservation and reunification, the county’s actions throughout the case may become an important issue if it later seeks to permanently terminate a parent’s rights.
Parents should not wait until a termination of parental rights petition has been filed to begin asking whether the county has complied with its obligations. Decisions made early in a CHIPS case can affect what happens months later.
Having a Minnesota CHIPS attorney who understands the new requirements can help parents identify those issues while there is still an opportunity to address them.
Is MAAFPCWDA the Same as ICWA?
No. There are similarities, particularly in the emphasis on family preservation and the use of an active-efforts standard, but MAAFPCWDA and the Indian Child Welfare Act (ICWA) are separate laws.
ICWA is a federal law that provides specific protections in child custody proceedings involving Indigenous children. Minnesota also has additional protections under the Minnesota Indian Family Preservation Act.
MAAFPCWDA does not replace or weaken those protections. Minnesota law expressly states that the new Act is not intended to interfere with ICWA or the Minnesota Indian Family Preservation Act.
When a child qualifies for protections under ICWA or Minnesota’s Indian family preservation laws, those laws continue to apply.
For families with African American and American Indian heritage, determining which laws apply should be addressed as early as possible in the case.
When Does the Minnesota African American Family Preservation Act Take Effect?
Implementation has been happening in stages.
Hennepin and Ramsey counties began a phase-in program on January 1, 2025. The state has used that process to develop guidance, training, compliance systems, and best practices ahead of the broader rollout.
Statewide implementation is scheduled to begin January 1, 2027. At that point, counties throughout Minnesota will be required to comply with applicable provisions of MAAFPCWDA.
The law also creates longer-term accountability measures. DCYF is developing systems to track compliance, analyze child welfare outcomes, and publicly report data related to disparities within the system.
For families currently involved in child protection proceedings, the timing can be important. A Minnesota CHIPS attorney can help determine which requirements are currently in effect and how they apply to a particular case.
Protecting Your Rights in a Minnesota CHIPS Case
MAAFPCWDA represents a significant change in Minnesota child protection law, but a new statute alone does not guarantee that every family will receive the protections it provides.
Parents still need to understand what is happening in their case, what the county is required to do, and what options are available when they disagree with the county’s decisions.
This is especially important when a child has been removed from the home or when a case is moving toward termination of parental rights.
At Sieben Edmunds Miller, our attorneys represent parents in Minnesota CHIPS and termination of parental rights proceedings, including cases involving ICWA and other family preservation protections. If you are involved in a child protection case and have questions about MAAFPCWDA or your parental rights, contact our firm to discuss your situation.
Frequently Asked Questions About MAAFPCWDA in Minnesota
What is the Minnesota African American Family Preservation Act?
The Minnesota African American Family Preservation and Child Welfare Disproportionality Act is a 2024 Minnesota law designed to reduce disparities in the child welfare system, prevent unnecessary removal of children, preserve family relationships, and improve reunification outcomes.
Does MAAFPCWDA apply only to African American children?
No. The Act centers protections for African American children and families but also applies to children from other groups identified as disproportionately represented in Minnesota’s child welfare system.
What are “active efforts” in a Minnesota CHIPS case?
Active efforts require a social services agency to take ongoing, affirmative steps to preserve a family, prevent unnecessary out-of-home placement, and reunify a family after placement. Minnesota law expressly provides that active efforts are a higher standard than reasonable efforts.
When does MAAFPCWDA take effect statewide in Minnesota?
Statewide implementation is scheduled for January 1, 2027. Hennepin and Ramsey counties began implementing key provisions through a phase-in program in January 2025.
How does MAAFPCWDA affect termination of parental rights?
The Act strengthens family preservation and reunification requirements and limits unnecessary permanent family separation. Whether a county fulfilled its obligations under the Act may therefore be an important issue when a child protection case moves toward termination of parental rights.
Is MAAFPCWDA the same as ICWA?
No. MAAFPCWDA is a Minnesota law, while the Indian Child Welfare Act is a federal law protecting Indian children, families, and tribes in certain child custody proceedings. Minnesota law expressly preserves the protections provided by ICWA and the Minnesota Indian Family Preservation Act.
What should I do if I believe MAAFPCWDA applies to my CHIPS case?
Because the law is being implemented in phases and its application depends on the circumstances of the child and case, consider discussing the issue with an attorney who handles Minnesota CHIPS and parental rights matters. An attorney can determine which protections apply and whether the county is meeting its obligations.
