Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12433
STATE OF MINNESOTA
Journal of the House
EIGHTY-FIFTH SESSION - 2008
_____________________
ONE HUNDRED NINETEENTH DAY
Saint Paul, Minnesota, Sunday, May 18, 2008
The House of Representatives convened at 1:00 p.m. and was
called to order by Margaret Anderson Kelliher, Speaker of the House.
Prayer was offered by the Reverend Richard D. Buller, House
Chaplain.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Olson
Otremba
Ozment
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Spk. Kelliher
A quorum was present.
Hoppe was excused until 2:15 p.m. Anderson, B., and Swails were
excused until 2:30 p.m. Paulsen was excused until 2:55 p.m. Juhnke was excused
until 3:20 p.m. Slawik was excused until 4:10 p.m. Winkler was excused until
4.30 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Masin moved that further reading of the Journal be suspended and that the
Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12434
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The following House Files were introduced:
Abeler, Clark, Gunther and Otremba introduced:
H. F. No. 4255, A bill for an act relating to consumer
protection; establishing criteria for timely utility payments; amending
Minnesota Statutes 2006, section 216B.098, by adding a subdivision.
The bill was read for the first time and referred to the
Committee on Commerce and Labor.
Otremba, Koenen, Doty, Moe and Hamilton introduced:
H. F. No. 4256, A bill for an act relating to taxation; expanding
definition of agricultural products for purposes of property taxation; amending
Minnesota Statutes 2006, section 273.13, subdivision 23, as amended.
The bill was read for the first time and referred to the
Committee on Taxes.
The Speaker called Ruth to the Chair.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F. No. 2748, A bill for an act relating to health;
establishing oversight for rural health cooperative; requiring the
administrative services unit to apportion the amount necessary to purchase
medical professional liability insurance coverage and authorizing fees to be
adjusted to compensate for the apportioned amount; appropriating money;
amending Minnesota Statutes 2006, section 214.40, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 62R.
Colleen J. Pacheco, Second Assistant Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Liebling moved that the House concur in the Senate amendments
to H. F. No. 2748 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 2748, A bill for an act relating to health and human
services; establishing oversight for rural health cooperative; revising
requirements for county-based purchasing for state health care programs;
appropriating money; amending Minnesota Statutes 2007 Supplement, section
256B.69, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapter 62R.
The bill was read for the third time, as amended by the Senate,
and placed upon its repassage.
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12435
The question was taken on the
repassage of the bill and the roll was called. There were 115 yeas and 12 nays
as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
DeLaForest
Demmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eken
Erhardt
Faust
Finstad
Fritz
Gardner
Garofalo
Greiling
Gunther
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Wollschlager
Spk. Kelliher
Those who
voted in the negative were:
Buesgens
Dean
Dettmer
Eastlund
Emmer
Erickson
Gottwalt
Hackbarth
Holberg
Olson
Peppin
Zellers
The bill was repassed, as amended by the Senate, and its title
agreed to.
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 3363.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is
herewith transmitted to the House.
Colleen
J. Pacheco, Second
Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT
ON S. F. No. 3363
A bill for an act relating to state government; improving
access to budget information by members of the legislature; specifying the
development of budget recommendations and requiring state agencies to provide
information; establishing a subcommittee of the Legislative Commission on
Planning and Fiscal Policy; requiring disclosure of status of fiscal note
requests; providing for appeal of fiscal note conclusions; modifying state
budget requirements; incorporating Minnesota Milestones goals and indicators in
budget preparation; requiring
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12436
commissioner of
finance to adjust for projected inflation in forecasting state expenditures;
requiring a forecast of cash flow for the general fund; providing deadline for
modifying budget after February forecast; specifying format for detailed budget
estimates of expenditures; imposing deadline for notice of deficiency requests;
providing a process to increase the budget reserve; requiring state agencies
with certain information and telecommunications technology projects to register
with the Office of Enterprise Technology and requiring the office to monitor progress
on the projects; requiring the Office of Enterprise Technology to report to the
legislature regarding its approval process for state agency technology requests
and assistance provided to state agencies in developing agency information
systems plans; providing additional whistleblower protection to state
employees; providing additional duties for the Sesquicentennial Commission;
establishing a working group; eliminating obsolete requirements; amending
Minnesota Statutes 2006, sections 3.885, subdivisions 4, 5, by adding
subdivisions; 3.98, subdivision 4, by adding a subdivision; 3.987, subdivision
1, as amended; 13.605, subdivision 1; 16A.10, subdivisions 1, 1c, 2, by adding
a subdivision; 16A.103, subdivisions 1a, 1b; 16A.11, subdivisions 1, 3, by adding
a subdivision; 16E.01, subdivision 3; 16E.03, subdivision 1; 16E.04,
subdivision 2; Minnesota Statutes 2007 Supplement, sections 16A.152,
subdivision 2; 181.932, subdivision 1; Laws 2005, First Special Session chapter
1, article 4, section 121, subdivision 4, as amended; proposing coding for new
law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 2006,
section 16A.152, subdivision 1b.
May
17, 2008
The Honorable James P.
Metzen
President of the Senate
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
We, the undersigned conferees for S. F. No. 3363 report that we
have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendment and that S.F. No. 3363
be further amended as follows:
Delete everything after the enacting clause and insert:
"Section
1. Minnesota Statutes 2006, section 3.885, is amended by adding a subdivision
to read:
Subd.
10. Budget development. The
commission may develop budget recommendations to present to the legislature. If
the commission proceeds with the development of budget recommendations, state
agencies must provide information to the commission as requested by the
commission to develop those recommendations. That information includes the base
budget, information on how the base budget is determined and how it is
allocated, recommendations from agency staff for changes in the base level
appropriations to improve agency operations and efficiency or to improve or
increase efficiency of programs operated by the agency, and responses to
proposals for reductions in agency budgets.
Sec.
2. Minnesota Statutes 2006, section 3.98, subdivision 4, is amended to read:
Subd.
4. Uniform procedure. The
commissioner of finance shall prescribe a uniform procedure to govern the
departments and agencies of the state in complying with the requirements of
this section. The uniform procedure must include a system for posting the
date a fiscal note was requested, the requested completion date, and the
estimated completion date, as well as the display of those dates on the front
page of each completed fiscal note.
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12437
Sec. 3. Minnesota
Statutes 2006, section 3.987, subdivision 1, as amended by Laws 2008, chapter
154, article 16, section 1, is amended to read:
Subdivision
1. Local impact notes. The
commissioner of finance shall coordinate the development of a local impact note
for any proposed legislation introduced after June 30, 1997, upon request of
the chair or the ranking minority member of either legislative Tax or
Finance Committee, or the house of representatives Committee on Ways and
Means. Upon receipt of a request to prepare a local impact note, the
commissioner must notify the authors of the proposed legislation that the
request has been made. The local impact note must be made available to the
public upon request. If the action is among the exceptions listed in section
3.988, a local impact note need not be requested nor prepared. The commissioner
shall make a reasonable and timely estimate of the local fiscal impact on each
type of political subdivision that would result from the proposed legislation.
The commissioner of finance may require any political subdivision or the
commissioner of an administrative agency of the state to supply in a timely
manner any information determined to be necessary to determine local fiscal
impact. The political subdivision, its representative association, or
commissioner shall convey the requested information to the commissioner of
finance with a signed statement to the effect that the information is accurate
and complete to the best of its ability. The political subdivision, its
representative association, or commissioner, when requested, shall update its
determination of local fiscal impact based on actual cost or revenue figures,
improved estimates, or both. Upon completion of the note, the commissioner must
provide a copy to the authors of the proposed legislation, as well as to the
chair and ranking minority member of all committees to which a bill is referred.
Sec.
4. Minnesota Statutes 2006, section 16A.10, subdivision 1, is amended to read:
Subdivision
1. Budget format. In each
even-numbered calendar year the commissioner shall prepare budget forms and
instructions for all agencies, including guidelines for reporting agency
performance measures, subject to the approval of the governor. The commissioner
shall request and receive advisory recommendations from the chairs of the
senate Finance Committee and house of representatives Ways and Means Committee
before adopting a format for the biennial budget document. By June 15, the
commissioner shall send the proposed budget forms to the appropriations and
finance committees. The committees have until July 15 to give the commissioner
their advisory recommendations on possible improvements. To facilitate this
consultation, the commissioner shall establish a working group consisting of
executive branch staff and designees of the chairs of the senate Finance and
house of representatives Ways and Means Committees. The commissioner must
involve this group in all stages of development of budget forms and
instructions. The budget format must show actual expenditures and receipts for
the three most recent fiscal year years, estimated
expenditures and receipts for the current fiscal year, and estimates for each
fiscal year of the next biennium. Estimated expenditures must be classified by
funds and character of expenditures and may be subclassified by programs and
activities. Agency revenue estimates must show how the estimates were made and
what factors were used. Receipts must be classified by funds, programs, and
activities. Expenditure and revenue estimates must be based on the law in
existence at the time the estimates are prepared.
Sec.
5. Minnesota Statutes 2006, section 16A.10, subdivision 2, is amended to read:
Subd.
2. By October 15 and November 30. By
October 15 of each even-numbered year, an agency must file the following with
the commissioner:
(1) budget
estimates actual spending for the three most recent and budget
estimates for the current fiscal years;
(2)
its upcoming biennial budget estimates;
(3) a
comprehensive and integrated statement of agency missions and outcome and
performance measures; and
(4) a
concise explanation of any planned changes in the level of services or new
activities.
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12438
The commissioner
shall prepare and file the budget estimates for an agency failing to file them.
By
November 30, the commissioner shall send the final budget format, agency budget
estimates for the next biennium, and copies of the filed material to the Ways
and Means and Finance Committees, except that the commissioner shall not be
required to transmit information that identifies executive branch budget
decision items.
Sec.
6. [16A.107] CASH FLOW FORECAST.
Within
30 days after the November forecast of state revenue and expenditures under
section 16A.103, the commissioner shall deliver to the governor and the
legislature a forecast of cash flow for the general fund, showing the expected
maximum and minimum cash balance in the fund for each month of the forecast
period.
Sec.
7. Minnesota Statutes 2006, section 16A.11, subdivision 3, is amended to read:
Subd.
3. Part two: detailed budget. (a)
Part two of the budget, the detailed budget estimates both of expenditures and
revenues, must contain any statements on the financial plan which the governor
believes desirable or which may be required by the legislature. The detailed
estimates shall include the budget request of each organizational unit
within an agency arranged in tabular form so it may readily be compared with the
governor's budget arranged in tabular form for the organizational
unit and agency.
(b)
Tables listing expenditures for the next biennium must show the appropriation
base for each year in column form broken down by appropriation allotments at
budget activity level relative to proposed appropriation and appropriation
allotment levels by budget activity. The appropriation base is the amount
appropriated for the second year of the current biennium. The tables must separately
show any adjustments to the base required by current law or policies of the
commissioner of finance. For forecasted programs, the tables must also show the
amount of the forecast adjustments, based on the most recent forecast prepared
by the commissioner of finance under section 16A.103. Any appropriation
change requested by an agency or an organizational unit within an agency must
be submitted in writing and include information that supports the requested
change. For all programs, the tables must show the agency requests, the
amount of appropriation changes recommended by the governor, after adjustments
to the base and forecast adjustments, and the total recommendation of the
governor for that year.
(c)
The detailed estimates must include a separate line listing the total cost of
professional and technical service contracts for the prior biennium and the
projected costs of those contracts for the current and upcoming biennium. They
must also include a summary of the personnel employed by the agency, reflected
as full-time equivalent positions.
(d)
The detailed estimates for internal service funds must include the number of
full-time equivalents by program; detail on any loans from the general fund,
including dollar amounts by program; proposed investments in technology or
equipment of $100,000 or more; an explanation of any operating losses or
increases in retained earnings; and a history of the rates that have been
charged, with an explanation of any rate changes and the impact of the rate
changes on affected agencies.
(e)
The detailed estimates must provide a spending trend analysis by program
showing at least the three most recent years of actual spending, or as many
years of actual spending as are available for new programs.
EFFECTIVE DATE. This section is
effective January 1, 2011.
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12439
Sec. 8. Minnesota
Statutes 2006, section 16A.11, is amended by adding a subdivision to read:
Subd.
8. Deficiency requests. By
January 15 of each year, the commissioner of finance must notify the chair and
ranking minority member of the senate Finance Committee and the chair and
ranking minority member of the house of representatives Ways and Means
Committee of any state agency requests to eliminate budget shortfalls likely to
occur before the end of the legislative session.
Sec.
9. [43A.015] DUTIES AND RIGHTS OF
CLASSIFIED EMPLOYEES.
State
employees in the classified service are expected during their work hours to be
nonpartisan resources to all decision makers, and to provide timely,
professional assistance to both executive and legislative decision makers and
their staff in understanding the current service and finance system and the
potential impact of changes on these systems. Workload concerns related to
these requests shall be mediated, if necessary, by management staff in a manner
that does not advantage any particular set of decision makers, but allows for
balanced support and adequate attention to the ongoing responsibilities of the
agency. This section does not authorize or require an employee to disclose data
that is not public data under chapter 13.
Sec.
10. Minnesota Statutes 2007 Supplement, section 181.932, subdivision 1, is
amended to read:
Subdivision
1. Prohibited action. An employer
shall not discharge, discipline, threaten, otherwise discriminate against, or
penalize an employee regarding the employee's compensation, terms, conditions,
location, or privileges of employment because:
(a)
the employee, or a person acting on behalf of an employee, in good faith,
reports a violation or suspected violation of any federal or state law or rule
adopted pursuant to law to an employer or to any governmental body or law
enforcement official;
(b)
the employee is requested by a public body or office to participate in an
investigation, hearing, inquiry;
(c)
the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or
rule or regulation adopted pursuant to law, and the employee informs the
employer that the order is being refused for that reason;
(d)
the employee, in good faith, reports a situation in which the quality of health
care services provided by a health care facility, organization, or health care
provider violates a standard established by federal or state law or a
professionally recognized national clinical or ethical standard and potentially
places the public at risk of harm; or
(e) a
public employee communicates the findings of a scientific or technical study
that the employee, in good faith, believes to be truthful and accurate,
including reports to a governmental body or law enforcement official; or
(f)
an employee in the classified service of state government communicates information
that the employee, in good faith, believes to be truthful and accurate, and
that relates to state services, including the financing of state services, to:
(1) a legislator or an employee in the legislative branch; or (2) an elected
official in the executive branch.
The disclosures protected
pursuant to this section do not authorize the disclosure of data otherwise
protected by law.
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12440
Sec. 11. BUDGET WORKING GROUP.
By
July 14, 2008, the commissioner of finance must convene a joint
executive-legislative working group to evaluate the usefulness and benefits of
the budget documents prepared in accordance with the requirements of Minnesota
Statutes, section 16A.11. The members of the working group must include
executive branch staff and designees of the chairs of the senate Finance and
house of representatives Ways and Means committees, including representatives
of both the majority and minority parties.
The
working group must also examine the current availability and usefulness to the
legislature and the public of state budget information, in both printed and
electronic form. The working group must make recommendations to improve the
ability of the legislature and the public to use the information on state
revenues and expenditures.
By
December 10, 2008, the commissioner must report the progress of the working
group to the Legislative Commission on Planning and Fiscal Policy, and other
committees as appropriate.
Sec.
12. REPEALER.
Minnesota
Statutes 2006, section 16A.152, subdivision 1b, is repealed.
Sec.
13. EFFECTIVE DATE.
This
act is effective the day following final enactment."
Delete
the title and insert:
"A
bill for an act relating to state government; specifying the development of
budget recommendations and requiring state agencies to provide information;
requiring disclosure of status of fiscal note requests; modifying state budget
requirements; requiring a forecast of cash flow for the general fund;
specifying format for detailed budget estimates of expenditures; imposing
deadline for notice of deficiency requests; providing additional whistleblower
protection to state employees; requiring a budget working group; eliminating
obsolete requirements; amending Minnesota Statutes 2006, sections 3.885, by
adding a subdivision; 3.98, subdivision 4; 3.987, subdivision 1, as amended;
16A.10, subdivisions 1, 2; 16A.11, subdivision 3, by adding a subdivision;
Minnesota Statutes 2007 Supplement, section 181.932, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 16A; 43A; repealing
Minnesota Statutes 2006, section 16A.152, subdivision 1b."
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Richard
J. Cohen, Ann H. Rest, Mary A. Olson, John Doll and Don Betzold.
House Conferees: Loren
Solberg, Steve Simon, Diane Loeffler, Ryan Winkler and Kathy Tingelstad.
Solberg moved that the report of the Conference Committee on
S. F. No. 3363 be adopted and that the bill be repassed as
amended by the Conference Committee.
Kohls moved that the House refuse to adopt the Conference
Committee report on S. F. No. 3363, and that the bill be
returned to the Conference Committee.
A roll call was requested and properly seconded.
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12441
The question was taken on the
Kohls motion and the roll was called.
There were 45 yeas and 84 nays as follows:
Those who voted in the affirmative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Lanning
Lieder
Magnus
McFarlane
McNamara
Nornes
Olson
Ozment
Peppin
Peterson, N.
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
Those who
voted in the negative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Paymar
Pelowski
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Welti
Wollschlager
Spk. Kelliher
The motion did not prevail.
The question recurred on the Solberg motion that the report of
the Conference Committee on S. F. No. 3363 be adopted and that
the bill be repassed as amended by the Conference Committee. The motion
prevailed.
S. F. No. 3363, A bill for an act relating to state government;
improving access to budget information by members of the legislature;
specifying the development of budget recommendations and requiring state
agencies to provide information; establishing a subcommittee of the Legislative
Commission on Planning and Fiscal Policy; requiring disclosure of status of
fiscal note requests; providing for appeal of fiscal note conclusions;
modifying state budget requirements; incorporating Minnesota Milestones goals
and indicators in budget preparation; requiring commissioner of finance to
adjust for projected inflation in forecasting state expenditures; requiring a
forecast of cash flow for the general fund; providing deadline for modifying
budget after February forecast; specifying format for detailed budget estimates
of expenditures; imposing deadline for notice of deficiency requests; providing
a process to increase the budget reserve; requiring state agencies with certain
information and telecommunications technology projects to register with the
Office of Enterprise Technology and requiring the office to monitor progress on
the projects; requiring the Office of Enterprise Technology to report to the
legislature regarding its approval process for state agency technology requests
and assistance provided to state agencies in developing agency information
systems plans; providing additional whistleblower protection to state
employees; providing additional duties for the Sesquicentennial Commission;
establishing a working group; eliminating obsolete requirements; amending
Minnesota Statutes 2006, sections 3.885, subdivisions 4, 5, by adding subdivisions;
3.98, subdivision 4, by adding a subdivision; 3.987, subdivision 1, as amended;
13.605, subdivision 1; 16A.10, subdivisions 1, 1c, 2, by
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12442
adding a
subdivision; 16A.103, subdivisions 1a, 1b; 16A.11, subdivisions 1, 3, by adding
a subdivision; 16E.01, subdivision 3; 16E.03, subdivision 1; 16E.04,
subdivision 2; Minnesota Statutes 2007 Supplement, sections 16A.152,
subdivision 2; 181.932, subdivision 1; Laws 2005, First Special Session chapter
1, article 4, section 121, subdivision 4, as amended; proposing coding for new
law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 2006,
section 16A.152, subdivision 1b.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 86 yeas and 44 nays as follows:
Those who voted in the affirmative were:
Abeler
Anzelc
Atkins
Benson
Bigham
Bly
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dill
Dittrich
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kranz
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slocum
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Wagenius
Walker
Ward
Welti
Wollschlager
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Anderson, S.
Beard
Berns
Brod
Buesgens
Dean
DeLaForest
Demmer
Dettmer
Drazkowski
Eastlund
Emmer
Erhardt
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Kohls
Lanning
Magnus
McFarlane
McNamara
Nornes
Olson
Peppin
Peterson, N.
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Urdahl
Wardlow
Westrom
Zellers
The bill was repassed, as amended by Conference, and its title
agreed to.
The following Conference Committee Reports were received:
CONFERENCE
COMMITTEE REPORT ON H. F. No. 3346
A bill for an act relating to housing; providing assistance to
prevent mortgage foreclosure; increasing the maximum amount of financial
assistance; amending Minnesota Statutes 2006, section 462A.209, subdivision 7.
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12443
May 17, 2008
The Honorable Margaret Anderson Kelliher
Speaker of the House of Representatives
The Honorable James P. Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 3346 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment.
We request the adoption of this report and repassage of the
bill.
House Conferees: Jim
Davnie, Michael V. Nelson and Morrie Lanning.
Senate Conferees: Linda
Higgins, Kevin L. Dahle and Amy T. Koch.
Davnie moved that the report of the Conference Committee on
H. F. No. 3346 be adopted and that the bill be repassed as
amended by the Conference Committee. The motion prevailed.
H. F. No. 3346, A bill for an act relating to housing;
providing assistance to prevent mortgage foreclosure; increasing the maximum
amount of financial assistance; amending Minnesota Statutes 2006, section 462A.209,
subdivision 7.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 127 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Bunn
Carlson
Clark
Cornish
Davnie
Dean
DeLaForest
Demmer
Dettmer
Dill
Dittrich
Dominguez
Doty
Drazkowski
Eastlund
Eken
Emmer
Erhardt
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Haws
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paymar
Pelowski
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Journal of the House - 119th
Day - Sunday, May 18, 2008 - Top of Page 12444
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Wollschlager
Zellers
Spk. Kelliher
Those who voted in the negative were:
Anderson, B.
Buesgens
Olson
The bill was repassed, as amended by Conference, and its title
agreed to.
CONFERENCE
COMMITTEE REPORT ON H. F. No. 3376
A bill for an act relating to human services; amending the MFIP
work participation program; changing child care assistance provisions; changing
the child care assistance sliding fee scale; establishing a child care advisory
task force; requiring a mandated report; making technical changes; amending
Minnesota Statutes 2006, sections 119B.011, subdivision 17; 119B.03,
subdivisions 1, 6; 119B.09, subdivisions 1, 9; 119B.125, by adding a
subdivision; 119B.21, subdivision 10; 256E.30, subdivision 1; 256E.35,
subdivision 7; 256J.24, subdivision 5; 256J.39, by adding a subdivision;
256J.425, subdivision 1; 256J.521, subdivision 4; 256J.54, subdivisions 2, 5;
256J.545; Minnesota Statutes 2007 Supplement, sections 119B.12; 119B.125,
subdivision 2; 119B.13, subdivisions 1, 7; 119B.21, subdivision 5; 119B.231,
subdivision 5; 245C.08, subdivision 2; 256E.35, subdivision 2; 256J.20,
subdivision 3; 256J.49, subdivision 13; 256J.626, subdivisions 3, 7; 256J.95,
subdivision 3; repealing Minnesota Statutes 2006, section 256K.25.
May
17, 2008
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 3376 report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No.
3376 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
MFIP WORK PARTICIPATION AND
LICENSING
Section 1. Minnesota
Statutes 2006, section 245C.24, subdivision 2, is amended to read:
Subd. 2. Permanent bar to set aside a
disqualification. (a) Except as provided in paragraph (b), the commissioner
may not set aside the disqualification of any individual disqualified pursuant
to this chapter, regardless of how much time has passed, if the individual was
disqualified for a crime or conduct listed in section 245C.15, subdivision 1.
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(b) For an
individual in the chemical dependency or corrections field who was
disqualified for a crime or conduct listed under section 245C.15, subdivision
1, and whose disqualification was set aside prior to July 1, 2005, the
commissioner must consider granting a variance pursuant to section 245C.30 for
the license holder for a program dealing primarily with adults. A request for
reconsideration evaluated under this paragraph must include a letter of
recommendation from the license holder that was subject to the prior set-aside
decision addressing the individual's quality of care to children or vulnerable
adults and the circumstances of the individual's departure from that service.
EFFECTIVE DATE. This section is
effective July 1, 2008.
Sec. 2. Minnesota Statutes
2007 Supplement, section 256.01, subdivision 2, is amended to read:
Subd. 2. Specific powers. Subject to the
provisions of section 241.021, subdivision 2, the commissioner of human
services shall carry out the specific duties in paragraphs (a) through (cc):
(a) Administer and supervise
all forms of public assistance provided for by state law and other welfare
activities or services as are vested in the commissioner. Administration and
supervision of human services activities or services includes, but is not
limited to, assuring timely and accurate distribution of benefits, completeness
of service, and quality program management. In addition to administering and
supervising human services activities vested by law in the department, the
commissioner shall have the authority to:
(1) require county agency
participation in training and technical assistance programs to promote compliance
with statutes, rules, federal laws, regulations, and policies governing human
services;
(2) monitor, on an ongoing
basis, the performance of county agencies in the operation and administration
of human services, enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote excellence of
administration and program operation;
(3) develop a quality
control program or other monitoring program to review county performance and
accuracy of benefit determinations;
(4) require county agencies
to make an adjustment to the public assistance benefits issued to any
individual consistent with federal law and regulation and state law and rule
and to issue or recover benefits as appropriate;
(5) delay or deny payment of
all or part of the state and federal share of benefits and administrative
reimbursement according to the procedures set forth in section 256.017;
(6) make contracts with and
grants to public and private agencies and organizations, both profit and
nonprofit, and individuals, using appropriated funds; and
(7) enter into contractual
agreements with federally recognized Indian tribes with a reservation in
Minnesota to the extent necessary for the tribe to operate a federally approved
family assistance program or any other program under the supervision of the
commissioner. The commissioner shall consult with the affected county or
counties in the contractual agreement negotiations, if the county or counties
wish to be included, in order to avoid the duplication of county and tribal
assistance program services. The commissioner may establish necessary accounts
for the purposes of receiving and disbursing funds as necessary for the
operation of the programs.
(b) Inform county agencies,
on a timely basis, of changes in statute, rule, federal law, regulation, and
policy necessary to county agency administration of the programs.
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(c) Administer and
supervise all child welfare activities; promote the enforcement of laws
protecting disabled, dependent, neglected and delinquent children, and children
born to mothers who were not married to the children's fathers at the times of
the conception nor at the births of the children; license and supervise
child-caring and child-placing agencies and institutions; supervise the care of
children in boarding and foster homes or in private institutions; and generally
perform all functions relating to the field of child welfare now vested in the
State Board of Control.
(d) Administer and supervise
all noninstitutional service to disabled persons, including those who are
visually impaired, hearing impaired, or physically impaired or otherwise
disabled. The commissioner may provide and contract for the care and treatment
of qualified indigent children in facilities other than those located and
available at state hospitals when it is not feasible to provide the service in
state hospitals.
(e) Assist and actively
cooperate with other departments, agencies and institutions, local, state, and
federal, by performing services in conformity with the purposes of Laws 1939,
chapter 431.
(f) Act as the agent of and
cooperate with the federal government in matters of mutual concern relative to
and in conformity with the provisions of Laws 1939, chapter 431, including the
administration of any federal funds granted to the state to aid in the
performance of any functions of the commissioner as specified in Laws 1939, chapter
431, and including the promulgation of rules making uniformly available medical
care benefits to all recipients of public assistance, at such times as the
federal government increases its participation in assistance expenditures for
medical care to recipients of public assistance, the cost thereof to be borne
in the same proportion as are grants of aid to said recipients.
(g) Establish and maintain
any administrative units reasonably necessary for the performance of
administrative functions common to all divisions of the department.
(h) Act as designated
guardian of both the estate and the person of all the wards of the state of
Minnesota, whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons committed as
developmentally disabled. For children under the guardianship of the
commissioner or a tribe in Minnesota recognized by the Secretary of the
Interior whose interests would be best served by adoptive placement, the
commissioner may contract with a licensed child-placing agency or a Minnesota
tribal social services agency to provide adoption services. A contract with a
licensed child-placing agency must be designed to supplement existing county
efforts and may not replace existing county programs or tribal social services,
unless the replacement is agreed to by the county board and the appropriate
exclusive bargaining representative, tribal governing body, or the commissioner
has evidence that child placements of the county continue to be substantially
below that of other counties. Funds encumbered and obligated under an agreement
for a specific child shall remain available until the terms of the agreement
are fulfilled or the agreement is terminated.
(i) Act as coordinating
referral and informational center on requests for service for newly arrived
immigrants coming to Minnesota.
(j) The specific enumeration
of powers and duties as hereinabove set forth shall in no way be construed to
be a limitation upon the general transfer of powers herein contained.
(k) Establish county,
regional, or statewide schedules of maximum fees and charges which may be paid
by county agencies for medical, dental, surgical, hospital, nursing and nursing
home care and medicine and medical supplies under all programs of medical care
provided by the state and for congregate living care under the income
maintenance programs.
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(l) Have the
authority to conduct and administer experimental projects to test methods and
procedures of administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental projects, it is
further provided that the commissioner of human services is authorized to waive
the enforcement of existing specific statutory program requirements, rules, and
standards in one or more counties. The order establishing the waiver shall
provide alternative methods and procedures of administration, shall not be in
conflict with the basic purposes, coverage, or benefits provided by law, and in
no event shall the duration of a project exceed four years. It is further
provided that no order establishing an experimental project as authorized by
the provisions of this section shall become effective until the following
conditions have been met:
(1) the secretary of health
and human services of the United States has agreed, for the same project, to
waive state plan requirements relative to statewide uniformity; and
(2) a comprehensive plan,
including estimated project costs, shall be approved by the Legislative
Advisory Commission and filed with the commissioner of administration.
(m) According to federal
requirements, establish procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection of committee
members.
(n) Allocate federal fiscal
disallowances or sanctions which are based on quality control error rates for
the aid to families with dependent children program formerly codified in
sections 256.72 to 256.87, medical assistance, or food stamp program in the
following manner:
(1) one-half of the total
amount of the disallowance shall be borne by the county boards responsible for
administering the programs. For the medical assistance and the AFDC program
formerly codified in sections 256.72 to 256.87, disallowances shall be shared
by each county board in the same proportion as that county's expenditures for
the sanctioned program are to the total of all counties' expenditures for the
AFDC program formerly codified in sections 256.72 to 256.87, and medical
assistance programs. For the food stamp program, sanctions shall be shared by
each county board, with 50 percent of the sanction being distributed to each
county in the same proportion as that county's administrative costs for food
stamps are to the total of all food stamp administrative costs for all
counties, and 50 percent of the sanctions being distributed to each county in
the same proportion as that county's value of food stamp benefits issued are to
the total of all benefits issued for all counties. Each county shall pay its
share of the disallowance to the state of Minnesota. When a county fails to pay
the amount due hereunder, the commissioner may deduct the amount from
reimbursement otherwise due the county, or the attorney general, upon the
request of the commissioner, may institute civil action to recover the amount
due; and
(2) notwithstanding the
provisions of clause (1), if the disallowance results from knowing
noncompliance by one or more counties with a specific program instruction, and
that knowing noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or counties, in the
manner prescribed in clause (1), an amount equal to the portion of the total
disallowance which resulted from the noncompliance, and may distribute the
balance of the disallowance according to clause (1).
(o) Develop and implement
special projects that maximize reimbursements and result in the recovery of
money to the state. For the purpose of recovering state money, the commissioner
may enter into contracts with third parties. Any recoveries that result from
projects or contracts entered into under this paragraph shall be deposited in
the state treasury and credited to a special account until the balance in the
account reaches $1,000,000. When the balance in the account exceeds $1,000,000,
the excess shall be transferred and credited to the general fund. All money in the
account is appropriated to the commissioner for the purposes of this paragraph.
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(p) Have the
authority to make direct payments to facilities providing shelter to women and
their children according to section 256D.05, subdivision 3. Upon the written
request of a shelter facility that has been denied payments under section
256D.05, subdivision 3, the commissioner shall review all relevant evidence and
make a determination within 30 days of the request for review regarding
issuance of direct payments to the shelter facility. Failure to act within 30
days shall be considered a determination not to issue direct payments.
(q) Have the authority to
establish and enforce the following county reporting requirements:
(1) the commissioner shall
establish fiscal and statistical reporting requirements necessary to account
for the expenditure of funds allocated to counties for human services programs.
When establishing financial and statistical reporting requirements, the
commissioner shall evaluate all reports, in consultation with the counties, to
determine if the reports can be simplified or the number of reports can be
reduced;
(2) the county board shall
submit monthly or quarterly reports to the department as required by the
commissioner. Monthly reports are due no later than 15 working days after the
end of the month. Quarterly reports are due no later than 30 calendar days
after the end of the quarter, unless the commissioner determines that the
deadline must be shortened to 20 calendar days to avoid jeopardizing compliance
with federal deadlines or risking a loss of federal funding. Only reports that
are complete, legible, and in the required format shall be accepted by the
commissioner;
(3) if the required reports
are not received by the deadlines established in clause (2), the commissioner
may delay payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the use of federal
funds and the late report results in a reduction in federal funding, the
commissioner shall withhold from the county boards with late reports an amount
equal to the reduction in federal funding until full federal funding is
received;
(4) a county board that
submits reports that are late, illegible, incomplete, or not in the required
format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner
shall notify the county board of the reason the county board is considered
noncompliant and request that the county board develop a corrective action plan
stating how the county board plans to correct the problem. The corrective
action plan must be submitted to the commissioner within 45 days after the date
the county board received notice of noncompliance;
(5) the final deadline for
fiscal reports or amendments to fiscal reports is one year after the date the
report was originally due. If the commissioner does not receive a report by the
final deadline, the county board forfeits the funding associated with the
report for that reporting period and the county board must repay any funds
associated with the report received for that reporting period;
(6) the commissioner may not
delay payments, withhold funds, or require repayment under clause (3) or (5) if
the county demonstrates that the commissioner failed to provide appropriate
forms, guidelines, and technical assistance to enable the county to comply with
the requirements. If the county board disagrees with an action taken by the
commissioner under clause (3) or (5), the county board may appeal the action
according to sections 14.57 to 14.69; and
(7) counties subject to
withholding of funds under clause (3) or forfeiture or repayment of funds under
clause (5) shall not reduce or withhold benefits or services to clients to
cover costs incurred due to actions taken by the commissioner under clause (3)
or (5).
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(r) Allocate
federal fiscal disallowances or sanctions for audit exceptions when federal
fiscal disallowances or sanctions are based on a statewide random sample for
the foster care program under title IV-E of the Social Security Act, United
States Code, title 42, in direct proportion to each county's title IV-E
foster care maintenance claim for that period.
(s) Be responsible for
ensuring the detection, prevention, investigation, and resolution of fraudulent
activities or behavior by applicants, recipients, and other participants in the
human services programs administered by the department.
(t) Require county agencies
to identify overpayments, establish claims, and utilize all available and
cost-beneficial methodologies to collect and recover these overpayments in the
human services programs administered by the department.
(u) Have the authority to
administer a drug rebate program for drugs purchased pursuant to the
prescription drug program established under section 256.955 after the
beneficiary's satisfaction of any deductible established in the program. The
commissioner shall require a rebate agreement from all manufacturers of covered
drugs as defined in section 256B.0625, subdivision 13. Rebate agreements for prescription
drugs delivered on or after July 1, 2002, must include rebates for individuals
covered under the prescription drug program who are under 65 years of age. For
each drug, the amount of the rebate shall be equal to the rebate as defined for
purposes of the federal rebate program in United States Code, title 42, section
1396r-8. The manufacturers must provide full payment within 30 days of receipt
of the state invoice for the rebate within the terms and conditions used for
the federal rebate program established pursuant to section 1927 of title XIX of
the Social Security Act. The manufacturers must provide the commissioner with
any information necessary to verify the rebate determined per drug. The rebate
program shall utilize the terms and conditions used for the federal rebate
program established pursuant to section 1927 of title XIX of the Social
Security Act.
(v) Have the authority to
administer the federal drug rebate program for drugs purchased under the
medical assistance program as allowed by section 1927 of title XIX of the
Social Security Act and according to the terms and conditions of section 1927.
Rebates shall be collected for all drugs that have been dispensed or
administered in an outpatient setting and that are from manufacturers who have
signed a rebate agreement with the United States Department of Health and Human
Services.
(w) Have the authority to
administer a supplemental drug rebate program for drugs purchased under the
medical assistance program. The commissioner may enter into supplemental rebate
contracts with pharmaceutical manufacturers and may require prior authorization
for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the
provisions of section 256B.0625, subdivision 13.
(x) Operate the department's
communication systems account established in Laws 1993, First Special Session
chapter 1, article 1, section 2, subdivision 2, to manage shared communication
costs necessary for the operation of the programs the commissioner supervises.
A communications account may also be established for each regional treatment
center which operates communications systems. Each account must be used to
manage shared communication costs necessary for the operations of the programs
the commissioner supervises. The commissioner may distribute the costs of
operating and maintaining communication systems to participants in a manner
that reflects actual usage. Costs may include acquisition, licensing,
insurance, maintenance, repair, staff time and other costs as determined by the
commissioner. Nonprofit organizations and state, county, and local government
agencies involved in the operation of programs the commissioner supervises may
participate in the use of the department's communications technology and share
in the cost of operation. The commissioner may accept on behalf of the state
any gift, bequest, devise or personal property of any kind, or money tendered
to the state for any lawful purpose pertaining to the communication activities
of the department. Any money received for this purpose must be deposited in the
department's communication systems accounts. Money collected by the
commissioner for the use of communication systems must be deposited in the
state communication systems account and is appropriated to the commissioner for
purposes of this section.
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(y) Receive any
federal matching money that is made available through the medical assistance
program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The
commissioner may expend the federal money received for the consumer
satisfaction survey in either year of the biennium.
(z) Designate community
information and referral call centers and incorporate cost reimbursement claims
from the designated community information and referral call centers into the federal
cost reimbursement claiming processes of the department according to federal
law, rule, and regulations. Existing information and referral centers provided
by Greater Twin Cities United Way or existing call centers for which Greater
Twin Cities United Way has legal authority to represent, shall be included in
these designations upon review by the commissioner and assurance that these
services are accredited and in compliance with national standards. Any
reimbursement is appropriated to the commissioner and all designated
information and referral centers shall receive payments according to normal
department schedules established by the commissioner upon final approval of
allocation methodologies from the United States Department of Health and Human Services
Division of Cost Allocation or other appropriate authorities.
(aa) Develop recommended
standards for foster care homes that address the components of specialized
therapeutic services to be provided by foster care homes with those services.
(bb) Authorize the method of
payment to or from the department as part of the human services programs
administered by the department. This authorization includes the receipt or
disbursement of funds held by the department in a fiduciary capacity as part of
the human services programs administered by the department.
(cc) Have the authority to
administer a drug rebate program for drugs purchased for persons eligible for
general assistance medical care under section 256D.03, subdivision 3. For
manufacturers that agree to participate in the general assistance medical care
rebate program, the commissioner shall enter into a rebate agreement for
covered drugs as defined in section 256B.0625, subdivisions 13 and 13d. For
each drug, the amount of the rebate shall be equal to the rebate as defined for
purposes of the federal rebate program in United States Code, title 42, section
1396r-8. The manufacturers must provide payment within the terms and conditions
used for the federal rebate program established under section 1927 of title XIX
of the Social Security Act. The rebate program shall utilize the terms and
conditions used for the federal rebate program established under section 1927
of title XIX of the Social Security Act.
Effective January 1, 2006,
drug coverage under general assistance medical care shall be limited to those
prescription drugs that:
(1) are covered under the
medical assistance program as described in section 256B.0625, subdivisions 13
and 13d; and
(2) are provided by
manufacturers that have fully executed general assistance medical care rebate
agreements with the commissioner and comply with such agreements. Prescription
drug coverage under general assistance medical care shall conform to coverage
under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g.
The rebate revenues
collected under the drug rebate program are deposited in the general fund.
Sec. 3. Minnesota Statutes
2006, section 256J.425, subdivision 1, is amended to read:
Subdivision 1. Eligibility. (a) To be eligible for a
hardship extension, a participant in an assistance unit subject to the time
limit under section 256J.42, subdivision 1, must be in compliance in the
participant's 60th counted month. For purposes of determining eligibility for a
hardship extension, a participant is in compliance in any month
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that the
participant has not been sanctioned. In order to maintain eligibility for
any of the hardship extension categories a participant shall develop and comply
with either an employment plan or a family stabilization services plan,
whichever is appropriate.
(b) If one participant in a
two-parent assistance unit is determined to be ineligible for a hardship
extension, the county shall give the assistance unit the option of
disqualifying the ineligible participant from MFIP. In that case, the
assistance unit shall be treated as a one-parent assistance unit and the
assistance unit's MFIP grant shall be calculated using the shared household
standard under section 256J.08, subdivision 82a.
(c) Prior to denying an
extension, the county must review the sanction status and determine whether the
sanction is appropriate or if good cause exists under section 256J.57. If the
sanction was inappropriately applied or the participant is granted a good cause
exception before the end of month 60, the participant shall be considered for
an extension.
Sec. 4. Minnesota Statutes
2007 Supplement, section 256J.626, subdivision 3, is amended to read:
Subd. 3. Eligibility for services. Families with
a minor child, a pregnant woman, or a noncustodial parent of a minor child
receiving assistance, with incomes below 200 percent of the federal poverty
guideline for a family of the applicable size, are eligible for services funded
under the consolidated fund. Counties and tribes must give priority to families
currently receiving MFIP, the diversionary work program, or family
stabilization services, and families at risk of receiving MFIP or diversionary
work program. A county or tribe shall not impose a residency requirement on
families, except for the residency requirement under section 256J.12.
Sec. 5. Minnesota Statutes
2007 Supplement, section 256J.626, subdivision 7, is amended to read:
Subd. 7. Performance base funds. (a) Beginning
For calendar year 2008 2009 and yearly thereafter, each
county and tribe will be allocated 95 percent of their initial calendar year
allocation. Counties and tribes will be allocated additional funds based on
performance as follows:
(1) for calendar year
2008 and yearly thereafter, a county or tribe that achieves a 50 percent MFIP
TANF participation rate or a five percentage point improvement over the
previous year's MFIP TANF participation rate under section
256J.751, subdivision 2, clause (7), as averaged across the four quarterly
measurements 12 consecutive months for the most recent year for
which the measurements are available, will receive an additional allocation
equal to 2.5 percent of its initial allocation; and
(2) for calendar years
2005 and thereafter, a county or tribe that performs above the top of its
annualized range of expected performance on the three-year self-support index
under section 256J.751, subdivision 2, clause (6), will receive an additional
allocation equal to five percent of its initial allocation; and
(3) for calendar years 2005
and thereafter, a county or tribe that performs within or above its range of
expected performance on the annualized three-year self-support index under
section 256J.751, subdivision 2, clause (6), will receive an additional
allocation equal to 2.5 percent of its initial allocation; and
(4) for calendar years 2008
and thereafter, (3)
a county or tribe that does not achieve a 50 percent MFIP TANF
participation rate or a five percentage point improvement over the previous
year's MFIP TANF participation rate under section 256J.751,
subdivision 2, clause (7), as averaged across the four quarterly
measurements 12 consecutive months for the most recent year for
which the measurements are available, will not receive an additional 2.5
percent of its initial allocation until after negotiating a multiyear
improvement plan with the commissioner; or
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(5) for calendar
years 2008 and thereafter, (4) a county or tribe that does not perform within or
above its range of expected performance on the annualized three-year
self-support index under section 256J.751, subdivision 2, clause (6), will not
receive an additional allocation equal to 2.5 percent of its initial allocation
until after negotiating a multiyear improvement plan with the commissioner.
(b) For calendar year
2009 and yearly thereafter, performance-based funds for a federally approved
tribal TANF program in which the state and tribe have in place a contract under
section 256.01, addressing consolidated funding, will be allocated as follows:
(1) for calendar year
2006 and yearly thereafter, a tribe that achieves the participation rate
approved in its federal TANF plan using the average of four quarterly
measurements 12 consecutive months for the most recent year for
which the measurements are available, will receive an additional allocation equal
to 2.5 percent of its initial allocation; and
(2) for calendar years
2006 and thereafter, a tribe that performs above the top of its annualized
range of expected performance on the three-year self-support index under
section 256J.751, subdivision 2, clause (6), will receive an additional
allocation equal to five percent of its initial allocation; or
(3) for calendar years 2006
and thereafter, a tribe that performs within or above its range of expected performance
on the annualized three-year self-support index under section 256J.751,
subdivision 2, clause (6), will receive an additional allocation equal to 2.5
percent of its initial allocation; or
(4) for calendar year 2008
and yearly thereafter, (3)
a tribe that does not achieve the participation rate approved in its federal
TANF plan using the average of four quarterly measurements 12
consecutive months for the most recent year for which the measurements are
available, will not receive an additional allocation equal to 2.5 percent of
its initial allocation until after negotiating a multiyear improvement plan
with the commissioner; or
(5) for calendar year 2008
and yearly thereafter, (4)
a tribe that does not perform within or above its range of expected
performance on the annualized three-year self-support index under section
256J.751, subdivision 2, clause (6), will not receive an additional allocation
equal to 2.5 percent until after negotiating a multiyear improvement plan with
the commissioner.
(c) Funds remaining
unallocated after the performance-based allocations in paragraph (a) are
available to the commissioner for innovation projects under subdivision 5.
(d) (1) If available funds
are insufficient to meet county and tribal allocations under paragraph (a), the
commissioner may make available for allocation funds that are unobligated and
available from the innovation projects through the end of the current biennium.
(2) If after the application
of clause (1) funds remain insufficient to meet county and tribal allocations
under paragraph (a), the commissioner must proportionally reduce the allocation
of each county and tribe with respect to their maximum allocation available
under paragraph (a).
ARTICLE 2
CHILD CARE
Section 1. Minnesota Statutes
2006, section 119B.03, subdivision 6, is amended to read:
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Subd. 6. Allocation formula. The basic sliding
fee state and federal funds shall be allocated on a calendar year basis. Funds
shall be allocated first in amounts equal to each county's guaranteed floor
according to subdivision 8, with any remaining available funds allocated
according to the following formula:
(a) One-fourth of the funds
shall be allocated in proportion to each county's total expenditures for the
basic sliding fee child care program reported during the most recent fiscal
year completed at the time of the notice of allocation.
(b) Up to one-fourth
of the funds shall be allocated based on in proportion to the
number of families participating in the transition year child care program as
reported during and averaged over the most recent quarter six
months completed at the time of the notice of allocation. Funds in
excess of the amount necessary to serve all families in this category shall be
allocated according to paragraph (f).
(c) Up to one-fourth
of the funds shall be allocated in proportion to the average of each
county's most recently recent six months of reported first, second,
and third priority waiting list as defined in subdivision 2 and the
reinstatement list of those families whose assistance was terminated with the
approval of the commissioner under Minnesota Rules, part 3400.0183, subpart 1. Funds
in excess of the amount necessary to serve all families in this category shall
be allocated according to paragraph (f).
(d) Up to one-fourth
of the funds must shall be allocated in proportion to the
average of each county's most recently recent six months of reported
waiting list as defined in subdivision 2 and the reinstatement list of those
families whose assistance was terminated with the approval of the commissioner
under Minnesota Rules, part 3400.0183, subpart 1. Funds in excess of the
amount necessary to serve all families in this category shall be allocated
according to paragraph (f).
(e) The amount necessary to
serve all families in paragraphs (b), (c), and (d) shall be calculated based on
the basic sliding fee average cost of care per family in the county with the
highest cost in the most recently completed calendar year.
(f) Funds in excess of the
amount necessary to serve all families in paragraphs (b), (c), and (d) shall be
allocated in proportion to each county's total expenditures for the basic
sliding fee child care program reported during the most recent fiscal year
completed at the time of the notice of allocation.
Sec. 2. Minnesota Statutes
2006, section 119B.09, subdivision 9, is amended to read:
Subd. 9. Licensed and legal nonlicensed family child
care providers; assistance. Licensed and legal nonlicensed family child
care providers and their employees are not eligible to receive child
care assistance subsidies under this chapter for their own children or children
in their family during the hours they are providing child care or being paid to
provide child care. Child care providers and their employees are
eligible to receive child care assistance subsidies for their children when
they are engaged in other activities that meet the requirements of this chapter
and for which child care assistance can be paid. The hours for which the
provider or their employee receives a child care subsidy for their own
children must not overlap with the hours the provider provides child care
services.
Sec. 3. Minnesota Statutes
2007 Supplement, section 119B.231, subdivision 5, is amended to read:
Subd. 5. Relationship to current law. (a) The
following provisions in chapter 119B must be waived or modified for families
receiving services under this section.
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(b) Notwithstanding
section 119B.13, subdivisions 1 and 1a, maximum weekly rates under this section
are 125 percent of the existing maximum weekly rate for like-care. Providers
eligible for a differential rate under section 119B.13, subdivision 3a, remain
eligible for the differential above the rate identified in this section. Only
care for children who have not yet entered kindergarten may be paid at the
maximum rate under this section. The provider's charge for service provided
through an SRSA may not exceed the rate that the provider charges a private-pay
family for like-care arrangements.
(c) A family or child care
provider may not be assessed an overpayment for care provided through an SRSA unless:
(1) there was an error in
the amount of care authorized for the family; or
(2) the family or provider
did not timely report a change as required under the law.
(d) Care provided through an
SRSA is authorized on a weekly basis.
(e) Funds appropriated under
this section to serve families eligible under section 119B.03 are not allocated
through the basic sliding fee formula under section 119B.03. Funds appropriated
under this section are used to offset increased costs when payments are made
under SRSA's.
(f) Notwithstanding section
119B.09, subdivision 6, the maximum amount of child care assistance that may be
authorized for a child receiving care through an SRSA in a two-week period is
160 hours per child.
(g) Effective upon date of
enactment, absent day payment limits under section 119B.13, subdivision 7, do
not apply to children for care paid through SRSA's provided the family remains
eligible under subdivision 3.
Sec. 5. CHILD CARE ADVISORY TASK FORCE.
Subdivision 1. Establishment. The commissioner of human services shall
establish a Child Care Advisory Task Force of stakeholders to review and make
recommendations to the legislature to remove barriers facing families applying
for and receiving child care assistance under Minnesota Statutes, chapter 119B.
Subd. 2. Membership. The commissioner of human services shall
appoint Child Care Advisory Task Force members. The Child Care Advisory Task
Force shall include, but is not limited to, representatives from:
(1) the Department of Human
Services;
(2) counties and nonprofit
organizations administering the child care assistance programs;
(3) a parent receiving child
care assistance;
(4) the child care advocacy
community; and
(5) the antipoverty advocacy
community.
Subd. 3. Duties. The Child Care Advisory Task Force shall review
child care assistance laws, rules, and policies and make recommendations to
remove barriers facing families applying for child care assistance or
completing reauthorization for child care assistance to the legislative
committees with jurisdiction over the child care assistance programs under
Minnesota Statutes, chapter 119B. Barriers to review include, but are not
limited to:
(1) length of application
forms;
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(2) consistency
of application and reauthorization forms statewide;
(3) documentation
requirements, including frequency of producing documentation;
(4) barriers facing parents
with limited English; and
(5) length of
reauthorization periods.
Subd. 4. Report. By January 15, 2010, the Department of Human
Services shall report to the legislative committees with jurisdiction over the
child care assistance programs with the Child Care Advisory Task Force
recommendations to remove the barriers facing families in applying for and
receiving child care assistance.
Subd. 5. Task force expenses. Notwithstanding Minnesota Statutes,
section 15.059, task force members must not be paid a per diem or reimbursed
for any expenses associated with their membership on the task force.
Subd. 6. Expiration. The Child Care Advisory Task Force expires
June 30, 2010.
EFFECTIVE DATE. This section is
effective the day following final enactment.
ARTICLE 3
CHILD CARE TECHNICAL
Section 1. Minnesota
Statutes 2006, section 119B.011, subdivision 17, is amended to read:
Subd. 17. MFIP. "MFIP" means the
Minnesota family investment program, the state's TANF program under Public Law
104-193, Title I, and includes the MFIP program under chapter 256J, the work
first program under chapter 256K, and tribal contracts under section
119B.02, subdivision 2, or 256.01, subdivision 2.
Sec. 2. Minnesota Statutes
2006, section 119B.03, subdivision 1, is amended to read:
Subdivision 1. Allocation period; Notice of
allocation. When the commissioner notifies county and human service
boards of the forms and instructions they are to follow in the development of
their child care fund plans required under section 119B.08, subdivision 3, the
commissioner shall also notify county and human services boards of their
estimated child care fund program allocation for the two years covered by the
plan. By October 1 of each year, the commissioner shall notify all counties
of their final child care fund program allocation.
Sec. 3. Minnesota Statutes
2006, section 119B.09, subdivision 1, is amended to read:
Subdivision 1. General eligibility requirements for all
applicants for child care assistance. (a) Child care services must be
available to families who need child care to find or keep employment or to
obtain the training or education necessary to find employment and who:
(1) have household income
less than or equal to 250 67 percent of the federal poverty
guidelines state median income, adjusted for family size, and
meet the requirements of section 119B.05; receive MFIP assistance; and are
participating in employment and training services under chapter 256J or 256K;
or
(2) have household income
less than or equal to 175 47 percent of the federal poverty
guidelines state median income, adjusted for family size, at program
entry and less than 250 67 percent of the federal poverty
guidelines state median income, adjusted for family size, at program
exit.
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(b) Child care
services must be made available as in-kind services.
(c) All applicants for child
care assistance and families currently receiving child care assistance must be
assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family as a
condition of program eligibility. For purposes of this section, a family is
considered to meet the requirement for cooperation when the family complies
with the requirements of section 256.741.
Sec. 4. Minnesota Statutes
2007 Supplement, section 119B.12, is amended to read:
119B.12 SLIDING FEE SCALE.
Subdivision 1. Fee schedule. In setting the sliding
fee schedule, the commissioner shall exclude from the amount of income used to
determine eligibility an amount for federal and state income and Social
Security taxes attributable to that income level according to federal and state
standardized tax tables. The commissioner shall base the parent fee on the
ability of the family to pay for child care. The fee schedule must be designed
to use any available tax credits.
PARENT FEE SCHEDULE. The
parent fee schedule is as follows, except as noted in subdivision 2:
Income Range (as a percent of the federal Co-payment
poverty guidelines state median income, except at (as
a percentage of
the start of the first tier) adjusted
gross income)
0-74.99% of federal
poverty guidelines $0/month
75.00-99.99% of federal
poverty guidelines $5/month
100.00-104.99% 100.00% of federal
poverty guidelines-27.72% 2.61%
105.00-109.99% 27.73-29.04% 2.61%
110.00-114.99% 29.05-30.36% 2.61%
115.00-119.99% 30.37-31.68% 2.61%
120.00-124.99% 31.69-33.00% 2.91%
125.00-129.99% 33.01-34.32% 2.91%
130.00-134.99% 34.33-35.65% 2.91%
135.00-139.99% 35.66-36.96% 2.91%
140.00-144.99% 36.97-38.29% 3.21%
145.00-149.99% 38.30-39.61% 3.21%
150.00-154.99% 39.62-40.93% 3.21%
155.00-159.99% 40.94-42.25% 3.84%
160.00-164.99% 42.26-43.57% 3.84%
165.00-169.99% 43.58-44.89% 4.46%
170.00-174.99% 44.90-46.21% 4.76%
175.00-179.99% 46.22-47.53% 5.05%
180.00-184.99% 47.54-48.85% 5.65%
185.00-189.99% 48.86-50.17% 5.95%
190.00-194.99% 50.18-51.49% 6.24%
195.00-199.99% 51.50-52.81% 6.84%
200.00-204.99% 52.82-54.13% 7.58%
205.00-209.99% 54.14-55.45% 8.33%
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210.00-214.99% 55.46-56.77% 9.20%
215.00-219.99% 56.78-58.09% 10.07%
220.00-224.99% 58.10-59.41% 10.94%
225.00-229.99% 59.42-60.73% 11.55%
230.00-234.99% 60.74-62.06% 12.16%
235.00-239.99% 62.07-63.38% 12.77%
240.00-244.99% 63.39-64.70% 13.38%
245.00-249.99% 64.71-66.99% 14.00%
250% 67.00% ineligible
A
family's monthly co-payment fee is the fixed percentage established for the
income range multiplied by the highest possible income within that income
range.
Subd.
2. Parent fee. A family must be
assessed a parent fee for each service period. A family's parent fee must be a
fixed percentage of its annual gross income. Parent fees must apply to families
eligible for child care assistance under sections 119B.03 and 119B.05. Income
must be as defined in section 119B.011, subdivision 15. The fixed percent is
based on the relationship of the family's annual gross income to 100 percent of
the annual federal poverty guidelines state median income. Parent
fees must begin at 75 percent of the poverty level. The minimum parent fees for
families between 75 percent and 100 percent of poverty level must be $5 per
month. Parent fees must provide for graduated movement to full payment. Payment
of part or all of a family's parent fee directly to the family's child care
provider on behalf of the family by a source other than the family shall not
affect the family's eligibility for child care assistance, and the amount paid
shall be excluded from the family's income. Child care providers who accept
third-party payments must maintain family specific documentation of payment
source, amount, and time period covered by the payment.
EFFECTIVE DATE. This section is
effective July 1, 2008.
Sec.
5. Minnesota Statutes 2006, section 119B.125, is amended by adding a
subdivision to read:
Subd.
1a. Background study required. This
subdivision only applies to legal, nonlicensed family child care providers.
Prior to authorization, and as part of each reauthorization required in
subdivision 1, the county shall perform a background study on every member of
the provider's household who is age 13 and older. The background study shall be
conducted according to the procedures under subdivision 2.
Sec.
6. Minnesota Statutes 2007 Supplement, section 119B.125, subdivision 2, is
amended to read:
Subd.
2. Persons who cannot be authorized.
(a) A person who When any member of the legal, nonlicensed family
child care provider's household meets any of the conditions under
paragraphs (b) to (n), the provider must not be authorized as a legal
nonlicensed family child care provider. To determine whether any of the listed
conditions exist, the county must request information about the provider and
other household members for whom a background study is required under
subdivision 1a from the Bureau of Criminal Apprehension, the juvenile
courts, and social service agencies. When one of the listed entities does not
maintain information on a statewide basis, the county must contact the entity
in the county where the provider resides and any other county in which the
provider or any household member previously resided in the past year.
For purposes of this subdivision, a finding that a delinquency petition is
proven in juvenile court must be considered a conviction in state district
court. If a county has determined that a provider is able to be authorized in
that county, and a family in another county later selects that provider, the
provider is able to be authorized in the second county without undergoing a new
background investigation unless one of the following conditions exists:
(1)
two years have passed since the first authorization;
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(2) another person
age 13 or older has joined the provider's household since the last
authorization;
(3) a current household
member has turned 13 since the last authorization; or
(4) there is reason to
believe that a household member has a factor that prevents authorization.
(b) The person has been
convicted of one of the following offenses or has admitted to committing or a
preponderance of the evidence indicates that the person has committed an act
that meets the definition of one of the following offenses: sections 609.185 to
609.195, murder in the first, second, or third degree; 609.2661 to 609.2663, murder
of an unborn child in the first, second, or third degree; 609.322,
solicitation, inducement, promotion of prostitution, or receiving profit from
prostitution; 609.342 to 609.345, criminal sexual conduct in the first, second,
third, or fourth degree; 609.352, solicitation of children to engage in sexual
conduct; 609.365, incest; 609.377, felony malicious punishment of a child;
617.246, use of minors in sexual performance; 617.247, possession of pictorial
representation of a minor; 609.2242 to 609.2243, felony domestic assault; a
felony offense of spousal abuse; a felony offense of child abuse or neglect; a
felony offense of a crime against children; or an attempt or conspiracy to
commit any of these offenses as defined in Minnesota Statutes; or an offense in
any other state or country where the elements are substantially similar to any
of the offenses listed in this paragraph.
(c) Less than 15 years have
passed since the discharge of the sentence imposed for the offense and the
person has received a felony conviction for one of the following offenses, or
the person has admitted to committing or a preponderance of the evidence
indicates that the person has committed an act that meets the definition of a
felony conviction for one of the following offenses: sections 609.20 to
609.205, manslaughter in the first or second degree; 609.21, criminal vehicular
homicide; 609.215, aiding suicide or aiding attempted suicide; 609.221 to
609.2231, assault in the first, second, third, or fourth degree; 609.224,
repeat offenses of fifth degree assault; 609.228, great bodily harm caused by
distribution of drugs; 609.2325, criminal abuse of a vulnerable adult;
609.2335, financial exploitation of a vulnerable adult; 609.235, use of drugs
to injure or facilitate a crime; 609.24, simple robbery; 617.241, repeat
offenses of obscene materials and performances; 609.245, aggravated robbery;
609.25, kidnapping; 609.255, false imprisonment; 609.2664 to 609.2665,
manslaughter of an unborn child in the first or second degree; 609.267 to
609.2672, assault of an unborn child in the first, second, or third degree;
609.268, injury or death of an unborn child in the commission of a crime;
609.27, coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other
prohibited acts, minor engaged in prostitution; 609.3451, repeat offenses of
criminal sexual conduct in the fifth degree; 609.378, neglect or endangerment
of a child; 609.52, theft; 609.521, possession of shoplifting gear; 609.561 to
609.563, arson in the first, second, or third degree; 609.582, burglary in the
first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63,
forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining
signature by false pretenses; 609.66, dangerous weapon; 609.665, setting a
spring gun; 609.67, unlawfully owning, possessing, or operating a machine gun;
609.687, adulteration; 609.71, riot; 609.713, terrorist threats; 609.749,
harassment, stalking; 260C.301, termination of parental rights; 152.021 to
152.022 and 152.0262, controlled substance crime in the first or second degree;
152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2, clause
(4), controlled substance crime in third degree; 152.024, subdivision 1, clause
(2), (3), or (4), controlled substance crime in fourth degree; 617.23, repeat
offenses of indecent exposure; an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes; or an offense in any other state or
country where the elements are substantially similar to any of the offenses
listed in this paragraph.
(d) Less than ten years have
passed since the discharge of the sentence imposed for the offense and the
person has received a gross misdemeanor conviction for one of the following
offenses or the person has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that meets the
definition of a gross misdemeanor conviction for one of the following offenses:
sections 609.224, fifth degree assault; 609.2242 to 609.2243, domestic assault;
518B.01, subdivision 14, violation of an order for protection; 609.3451, fifth
degree criminal sexual conduct; 609.746, repeat offenses of interference with
privacy; 617.23, repeat offenses of indecent exposure; 617.241, obscene
materials and performances; 617.243, indecent literature, distribution;
617.293, disseminating or displaying harmful material to minors; 609.71, riot;
609.66, dangerous
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weapons; 609.749,
harassment, stalking; 609.224, subdivision 2, paragraph (c), fifth degree
assault against a vulnerable adult by a caregiver; 609.23, mistreatment of
persons confined; 609.231, mistreatment of residents or patients; 609.2325,
criminal abuse of a vulnerable adult; 609.2335, financial exploitation of a
vulnerable adult; 609.233, criminal neglect of a vulnerable adult; 609.234,
failure to report maltreatment of a vulnerable adult; 609.72, subdivision 3,
disorderly conduct against a vulnerable adult; 609.265, abduction; 609.378,
neglect or endangerment of a child; 609.377, malicious punishment of a child;
609.324, subdivision 1a, other prohibited acts, minor engaged in prostitution;
609.33, disorderly house; 609.52, theft; 609.582, burglary in the first,
second, third, or fourth degree; 609.631, check forgery, offering a forged
check; 609.275, attempt to coerce; an attempt or conspiracy to commit any of
these offenses as defined in Minnesota Statutes; or an offense in any other
state or country where the elements are substantially similar to any of the
offenses listed in this paragraph.
(e)
Less than seven years have passed since the discharge of the sentence imposed
for the offense and the person has received a misdemeanor conviction for one of
the following offenses or the person has admitted to committing or a
preponderance of the evidence indicates that the person has committed an act
that meets the definition of a misdemeanor conviction for one of the following
offenses: sections 609.224, fifth degree assault; 609.2242, domestic assault;
518B.01, violation of an order for protection; 609.3232, violation of an order
for protection; 609.746, interference with privacy; 609.79, obscene or
harassing telephone calls; 609.795, letter, telegram, or package opening,
harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child,
third degree; 617.293, dissemination and display of harmful materials to
minors; 609.66, dangerous weapons; 609.665, spring guns; an attempt or
conspiracy to commit any of these offenses as defined in Minnesota Statutes; or
an offense in any other state or country where the elements are substantially
similar to any of the offenses listed in this paragraph.
(f)
The person has been identified by the child protection agency in the county
where the provider resides or a county where the provider has resided or by the
statewide child protection database as a person found by a preponderance of
evidence under section 626.556 to be responsible for physical or sexual abuse
of a child within the last seven years.
(g)
The person has been identified by the adult protection agency in the county
where the provider resides or a county where the provider has resided or by the
statewide adult protection database as the person responsible for abuse or
neglect of a vulnerable adult within the last seven years.
(h)
The person has refused to give written consent for disclosure of criminal
history records.
(i)
The person has been denied a family child care license or has received a fine
or a sanction as a licensed child care provider that has not been reversed on
appeal.
(j)
The person has a family child care licensing disqualification that has not been
set aside.
(k)
The person has admitted or a county has found that there is a preponderance of
evidence that fraudulent information was given to the county for child care
assistance application purposes or was used in submitting child care assistance
bills for payment.
(l)
The person has been convicted of the crime of theft by wrongfully obtaining
public assistance or has been found guilty of wrongfully obtaining public
assistance by a federal court, state court, or an administrative hearing
determination or waiver, through a disqualification consent agreement, as part
of an approved diversion plan under section 401.065, or a court-ordered stay
with probationary or other conditions.
(m)
The person has a household member age 13 or older who has access to children
during the hours that care is provided and who meets one of the conditions
listed in paragraphs (b) to (l).
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(n) The person has
a household member ages ten to 12 who has access to children during the hours
that care is provided; information or circumstances exist which provide the
county with articulable suspicion that further pertinent information may exist
showing the household member meets one of the conditions listed in paragraphs
(b) to (l); and the household member actually meets one of the conditions
listed in paragraphs (b) to (l).
Sec. 7. Minnesota Statutes
2007 Supplement, section 119B.13, subdivision 1, is amended to read:
Subdivision 1. Subsidy restrictions. (a) Beginning
July 1, 2006, the maximum rate paid for child care assistance in any county or
multicounty region under the child care fund shall be the rate for like-care
arrangements in the county effective January 1, 2006, increased by six percent.
(b) Rate changes shall be
implemented for services provided in September 2006 unless a participant
eligibility redetermination or a new provider agreement is completed between
July 1, 2006, and August 31, 2006.
As necessary, appropriate
notice of adverse action must be made according to Minnesota Rules, part 3400.0185,
subparts 3 and 4.
New cases approved on or
after July 1, 2006, shall have the maximum rates under paragraph (a),
implemented immediately.
(c) Every year, the
commissioner shall survey rates charged by child care providers in Minnesota to
determine the 75th percentile for like-care arrangements in counties. When the
commissioner determines that, using the commissioner's established protocol,
the number of providers responding to the survey is too small to determine the
75th percentile rate for like-care arrangements in a county or multicounty
region, the commissioner may establish the 75th percentile maximum rate based
on like-care arrangements in a county, region, or category that the
commissioner deems to be similar.
(d) A rate which includes a
special needs rate paid under subdivision 3 or under a school readiness service
agreement paid under section 119B.231, may be in excess of the maximum rate
allowed under this subdivision.
(e) The department shall
monitor the effect of this paragraph on provider rates. The county shall pay
the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of
care on an hourly, full-day, and weekly basis, including special needs and
disability care.
(f) When the provider charge
is greater than the maximum provider rate allowed, the parent is responsible
for payment of the difference in the rates in addition to any family co-payment
fee.
(g) All maximum provider
rates changes shall be implemented on the Monday following the effective date
of the maximum provider rate.
Sec. 8. Minnesota Statutes
2007 Supplement, section 119B.13, subdivision 7, is amended to read:
Subd. 7. Absent days. (a) Child care providers
may not be reimbursed for more than 25 full-day absent days per child,
excluding holidays, in a fiscal year, or for more than ten consecutive full-day
absent days, unless the child has a documented medical condition that causes
more frequent absences. Absences due to a documented medical condition of a
parent or sibling who lives in the same residence as the child receiving child
care assistance do not count against the 25-day absent day limit in a fiscal
year. Documentation of medical conditions must be on the forms and submitted
according to the timelines established by the commissioner. A public health
nurse or school nurse may verify the illness in lieu of a medical practitioner.
If a provider sends a child home early due to a medical reason, including, but not
limited to, fever or contagious illness, the child care center director or lead
teacher may
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verify the illness
in lieu of a medical practitioner. If a child attends for part of the time
authorized to be in care in a day, but is absent for part of the time
authorized to be in care in that same day, the absent time will be reimbursed
but the time will not count toward the ten consecutive or 25 cumulative absent
day limits. Children in families where at least one parent is under the age of
21, does not have a high school or general equivalency diploma, and is a
student in a school district or another similar program that provides or
arranges for child care, as well as parenting, social services, career and
employment supports, and academic support to achieve high school graduation,
may be exempt from the absent day limits upon request of the program and
approval of the county. If a child attends part of an authorized day, payment to
the provider must be for the full amount of care authorized for that day. Child
care providers may only be reimbursed for absent days if the provider has a
written policy for child absences and charges all other families in care for
similar absences.
(b)
Child care providers must be reimbursed for up to ten federal or state holidays
or designated holidays per year when the provider charges all families for
these days and the holiday or designated holiday falls on a day when the child
is authorized to be in attendance. Parents may substitute other cultural or
religious holidays for the ten recognized state and federal holidays. Holidays
do not count toward the ten consecutive or 25 cumulative absent day limits.
(c)
A family or child care provider may not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care
authorized for the family, (2) all of the allowed full-day absent payments for
the child have been paid, or (3) the family or provider did not timely report a
change as required under law.
(d)
The provider and family must receive notification of the number of absent days
used upon initial provider authorization for a family and when the family has
used 15 cumulative absent days. Upon statewide implementation of the Minnesota
Electronic Child Care System, the provider and family shall receive
notification of the number of absent days used upon initial provider authorization
for a family and ongoing notification of the number of absent days used as of the
date of the notification.
(e)
A county may pay for more absent days than the statewide absent day policy
established under this subdivision if current market practice in the county
justifies payment for those additional days. County policies for payment of
absent days in excess of the statewide absent day policy and justification for
these county policies must be included in the county's child care fund plan
under section 119B.08, subdivision 3.
Sec.
9. Minnesota Statutes 2007 Supplement, section 119B.21, subdivision 5, is
amended to read:
Subd.
5. Child care services grants. (a) A
child care resource and referral program designated under section 119B.19,
subdivision 1a, may award child care services grants for:
(1)
creating new licensed child care facilities and expanding existing facilities,
including, but not limited to, supplies, equipment, facility renovation, and
remodeling;
(2)
improving licensed child care facility programs;
(3)
staff training and development services including, but not limited to,
in-service training, curriculum development, accreditation, certification,
consulting, resource centers, program and resource materials, supporting
effective teacher-child interactions, child-focused teaching, and
content-driven classroom instruction;
(4)
interim financing;
(5)
capacity building through the purchase of appropriate technology to create,
enhance, and maintain business management systems;
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(6) emergency
assistance for child care programs;
(7) new programs or projects
for the creation, expansion, or improvement of programs that serve ethnic
immigrant and refugee communities; and
(8) targeted recruitment
initiatives to expand and build the capacity of the child care system and to
improve the quality of care provided by legal nonlicensed child care providers.
(b) A child care resource
and referral program designated under section 119B.19, subdivision 1a, may
award child care services grants to:
(1) licensed providers;
(2) providers in the process
of being licensed;
(3) corporations or public
agencies that develop or provide child care services;
(4) school-age care
programs;
(5) legal nonlicensed or
family, friend, and neighbor care providers; or
(5) (6) any combination
of clauses (1) to (4) (5).
Unlicensed providers are
only eligible for grants under paragraph (a), clause (7).
(c) A recipient of a child
care services grant for facility improvements, interim financing, or staff
training and development must provide a 25 percent local match.
Sec. 10. Minnesota Statutes
2006, section 119B.21, subdivision 10, is amended to read:
Subd. 10. Family child care technical assistance
grants. (a) A child care resource and referral organization designated
under section 119B.19, subdivision 1a, may award technical assistance grants of
up to $1,000. These grants may be used for:
(1) facility improvements,
including, but not limited to, improvements to meet licensing requirements;
(2) improvements to expand a
child care facility or program;
(3) toys and equipment;
(4) technology and software
to create, enhance, and maintain business management systems;
(5) start-up costs;
(6) staff training and
development; and
(7) other uses approved by
the commissioner.
(b) A child care resource
and referral program may award family child care technical assistance grants
to:
(1) licensed family child
care providers; or
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(2) child care
providers in the process of becoming licensed.; or
(3)
legal nonlicensed or family, friend, and neighbor care providers.
(c)
A local match is not required for a family child care technical assistance
grant.
Sec.
11. Minnesota Statutes 2006, section 256E.30, subdivision 1, is amended to
read:
Subdivision
1. Authorization. The commissioner
of education human services may provide financial assistance for
community action agencies, Indian reservations, and migrant and seasonal
farmworker organizations to carry out community action programs as described in
section 256E.32 in accordance with the Omnibus Reconciliation Act of 1981,
Public Law 97-35, as amended in 1984, Public Law 98-558, state law, and federal
law and regulation.
Sec.
12. Minnesota Statutes 2006, section 256E.35, subdivision 7, is amended to
read:
Subd.
7. Program reporting. The fiscal
agent on behalf of each fiduciary organization participating in a family assets
for independence initiative must report quarterly to the commissioner of human
services and to the commissioner of education identifying the
participants with accounts, the number of accounts, the amount of savings and
matches for each participant's account, the uses of the account, and the number
of businesses, homes, and educational services paid for with money from the
account, as well as other information that may be required for the commissioner
to administer the program and meet federal TANF reporting requirements.
Sec.
13. REVISOR'S INSTRUCTION.
(a)
The revisor of statutes shall renumber Minnesota Statutes, section 119A.45, as
Minnesota Statutes, section 256E.37.
(b)
The revisor of statutes shall make such cross-reference changes as are
necessary from the renumbering in this section wherever the reference appears
in statute.
ARTICLE
4
MFIP
TECHNICAL CHANGES
Section
1. Minnesota Statutes 2007 Supplement, section 256J.20, subdivision 3, is
amended to read:
Subd.
3. Other property limitations. To be
eligible for MFIP, the equity value of all nonexcluded real and personal
property of the assistance unit must not exceed $2,000 for applicants and
$5,000 for ongoing participants. The value of assets in clauses (1) to (19)
must be excluded when determining the equity value of real and personal
property:
(1)
a licensed vehicle up to a loan value of less than or equal to $15,000. If the
assistance unit owns more than one licensed vehicle, the county agency shall
determine the loan value of all additional vehicles and exclude the
combined loan value of less than or equal to $7,500. The county agency shall
apply any excess loan value as if it were equity value to the asset limit
described in this section, excluding: (i) the value of one vehicle per
physically disabled person when the vehicle is needed to transport the disabled
unit member; this exclusion does not apply to mentally disabled people; (ii)
the value of special equipment for a disabled member of the assistance unit;
and (iii) any vehicle used for long-distance travel, other than daily
commuting, for the employment of a unit member.
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To establish the
loan value of vehicles, a county agency must use the N.A.D.A. Official Used Car
Guide, Midwest Edition, for newer model cars. When a vehicle is not listed in
the guidebook, or when the applicant or participant disputes the loan value
listed in the guidebook as unreasonable given the condition of the particular
vehicle, the county agency may require the applicant or participant document
the loan value by securing a written statement from a motor vehicle dealer
licensed under section 168.27, stating the amount that the dealer would pay to
purchase the vehicle. The county agency shall reimburse the applicant or
participant for the cost of a written statement that documents a lower loan
value;
(2)
the value of life insurance policies for members of the assistance unit;
(3)
one burial plot per member of an assistance unit;
(4)
the value of personal property needed to produce earned income, including
tools, implements, farm animals, inventory, business loans, business checking
and savings accounts used at least annually and used exclusively for the
operation of a self-employment business, and any motor vehicles if at least 50
percent of the vehicle's use is to produce income and if the vehicles are
essential for the self-employment business;
(5)
the value of personal property not otherwise specified which is commonly used
by household members in day-to-day living such as clothing, necessary household
furniture, equipment, and other basic maintenance items essential for daily
living;
(6)
the value of real and personal property owned by a recipient of Supplemental
Security Income or Minnesota supplemental aid;
(7)
the value of corrective payments, but only for the month in which the payment
is received and for the following month;
(8)
a mobile home or other vehicle used by an applicant or participant as the applicant's
or participant's home;
(9)
money in a separate escrow account that is needed to pay real estate taxes or
insurance and that is used for this purpose;
(10)
money held in escrow to cover employee FICA, employee tax withholding, sales
tax withholding, employee worker compensation, business insurance, property
rental, property taxes, and other costs that are paid at least annually, but
less often than monthly;
(11)
monthly assistance payments for the current month's or short-term emergency
needs under section 256J.626, subdivision 2;
(12)
the value of school loans, grants, or scholarships for the period they are
intended to cover;
(13)
payments listed in section 256J.21, subdivision 2, clause (9), which are held
in escrow for a period not to exceed three months to replace or repair personal
or real property;
(14)
income received in a budget month through the end of the payment month;
(15)
savings from earned income of a minor child or a minor parent that are set
aside in a separate account designated specifically for future education or
employment costs;
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(16) the federal
earned income credit, Minnesota working family credit, state and federal income
tax refunds, state homeowners and renters credits under chapter 290A, property
tax rebates and other federal or state tax rebates in the month received and
the following month;
(17)
payments excluded under federal law as long as those payments are held in a
separate account from any nonexcluded funds;
(18)
the assets of children ineligible to receive MFIP benefits because foster care
or adoption assistance payments are made on their behalf; and
(19)
the assets of persons whose income is excluded under section 256J.21, subdivision
2, clause (43).
Sec.
2. Minnesota Statutes 2006, section 256J.24, subdivision 5, is amended to read:
Subd.
5. MFIP transitional standard. The
MFIP transitional standard is based on the number of persons in the assistance
unit eligible for both food and cash assistance unless the restrictions in
subdivision 6 on the birth of a child apply. The following table represents the
transitional standards effective October 1, 2004 2007.
Number of
Eligible People Transitional
Standard Cash
Portion Food
Portion
1 $379
$391: $250 $129
$141
2 $675
$698: $437 $238
$261
3 $876
$910: $532 $344
$378
4 $1,036
$1,091: $621 $415
$470
5 $1,180
$1,245: $697 $483
$548
6 $1,350
$1,425: $773 $577
$652
7 $1,472
$1,553: $850 $622
$703
8 $1,623
$1,713: $916 $707
$797
9 $1,772
$1,871: $980 $792
$891
10 $1,915
$2,024: $1,035 $880
$989
over 10 per add
$142 $151: $53 $89
$98
additional member.
The commissioner shall annually publish in the State Register the transitional
standard for an assistance unit sizes 1 to 10 including a breakdown of the cash
and food portions.
Sec. 3. Minnesota Statutes 2006, section 256J.521, subdivision 4, is
amended to read:
Subd. 4. Self-employment.
(a) Self-employment activities may be included in an employment plan contingent
on the development of a business plan which establishes a timetable and earning
goals that will result in the participant exiting MFIP assistance. Business
plans must be developed with assistance from an individual or organization with
expertise in small business as approved by the job counselor.
(b) Participants with an approved plan that includes self-employment
must meet the participation requirements in section 256J.55, subdivision 1.
Only hours where the participant earns at least minimum wage shall be counted
toward the requirement. Additional activities and hours necessary to meet the
participation requirements in section 256J.55, subdivision 1, must be included
in the employment plan.
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(c) Employment
plans which include self-employment activities must be reviewed every three
months. Participants who fail, without good cause, to make satisfactory
progress as established in the business plan must revise the employment plan to
replace the self-employment with other approved work activities.
(d) The requirements of this subdivision may be waived for participants
who are enrolled in the self-employment investment demonstration program (SEID)
under section 256J.65, and who make satisfactory progress as determined by the
job counselor and the SEID provider.
Sec. 4. Minnesota Statutes 2006, section 256J.54, subdivision 2, is
amended to read:
Subd. 2. Responsibility for
assessment and employment plan. For caregivers who are under age 18 without
a high school diploma or its equivalent, the assessment under subdivision 1 and
the employment plan under subdivision 3 must be completed by the social
services agency under section 257.33. For caregivers who are age 18 or 19
without a high school diploma or its equivalent who choose to have an
employment plan with an education option under subdivision 3, the assessment
under subdivision 1 and the employment plan under subdivision 3 must be
completed by the job counselor or, at county option, by the social services
agency under section 257.33. Upon reaching age 18 or 19 a caregiver who
received social services under section 257.33 and is without a high school diploma
or its equivalent has the option to choose whether to continue receiving
services under the caregiver's plan from the social services agency or to
utilize an MFIP employment and training service provider. The social services
agency or the job counselor shall consult with representatives of
educational agencies that are required to assist in developing educational
plans under section 124D.331 the participant's school in developing the
educational plan.
Sec. 5. Minnesota Statutes 2006, section 256J.54, subdivision 5, is
amended to read:
Subd. 5. School attendance
required. (a) Notwithstanding the provisions of section 256J.56,
Minor parents, or 18- or 19-year-old parents without a high school diploma or
its equivalent who chooses an employment plan with an education option must
attend school unless:
(1) transportation services needed to enable the caregiver to attend
school are not available;
(2) appropriate child care services needed to enable the caregiver to
attend school are not available;
(3) the caregiver is ill or incapacitated seriously enough to prevent
attendance at school; or
(4) the caregiver is needed in the home because of the illness or
incapacity of another member of the household. This includes a caregiver of a
child who is younger than six weeks of age.
(b) The caregiver must be enrolled in a secondary school and meeting
the school's attendance requirements. The county, social service agency, or job
counselor must verify at least once per quarter that the caregiver is meeting
the school's attendance requirements. An enrolled caregiver is considered to be
meeting the attendance requirements when the school is not in regular session,
including during holiday and summer breaks.
Sec. 6. Minnesota Statutes 2006, section 256J.545, is amended to read:
256J.545 FAMILY VIOLENCE
WAIVER CRITERIA.
(a) In order to qualify for a family violence waiver, an individual
must provide documentation of past or current family violence which may prevent
the individual from participating in certain employment activities. A claim
of family violence must be documented by the applicant or participant providing
a sworn statement which is supported by collateral documentation.
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(b) Collateral
documentation may consist of The following items may be considered
acceptable documentation or verification of family violence:
(1) police, government agency, or court records;
(2) a statement from a battered women's shelter staff with knowledge of
the circumstances or credible evidence that supports the sworn statement;
(3) a statement from a sexual assault or domestic violence advocate
with knowledge of the circumstances or credible evidence that supports the
sworn statement; or
(4) a statement from professionals from whom the applicant or recipient
has sought assistance for the abuse; or.
(5) a sworn statement from any other individual with knowledge of circumstances
or credible evidence that supports the sworn statement.
(c) A claim of family violence may also be documented by a sworn
statement from the applicant or participant and a sworn statement from any
other person with knowledge of the circumstances or credible evidence that
supports the client's statement.
Sec. 7. Minnesota Statutes 2007 Supplement, section 256J.95,
subdivision 3, is amended to read:
Subd. 3. Eligibility for
diversionary work program. (a) Except for the categories of family units
listed below, all family units who apply for cash benefits and who meet MFIP
eligibility as required in sections 256J.11 to 256J.15 are eligible and must
participate in the diversionary work program. Family units that are not
eligible for the diversionary work program include:
(1) child only cases;
(2) a single-parent family unit that includes a child under 12 weeks of
age. A parent is eligible for this exception once in a parent's lifetime and is
not eligible if the parent has already used the previously allowed child under
age one exemption from MFIP employment services;
(3) a minor parent without a high school diploma or its equivalent;
(4) an 18- or 19-year-old caregiver without a high school diploma or
its equivalent who chooses to have an employment plan with an education option;
(5) a caregiver age 60 or over;
(6) family units with a caregiver who received DWP benefits in the 12
months prior to the month the family applied for DWP, except as provided in
paragraph (c);
(7) family units with a caregiver who received MFIP within the 12
months prior to the month the family unit applied for DWP;
(8) a family unit with a caregiver who received 60 or more months of
TANF assistance;
(9) a family unit with a caregiver who is disqualified from DWP or MFIP
due to fraud; and
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(10) refugees and
asylees as defined in Code of Federal Regulations, title 45, chapter IV
part 400, subpart d, section 444.43 400.43, who arrived in
the United States in the 12 months prior to the date of application for family
cash assistance.
(b) A two-parent family must participate in DWP unless both caregivers
meet the criteria for an exception under paragraph (a), clauses (1) through
(5), or the family unit includes a parent who meets the criteria in paragraph
(a), clause (6), (7), (8), or (9), or (10).
(c) Once DWP eligibility is determined, the four months run
consecutively. If a participant leaves the program for any reason and reapplies
during the four-month period, the county must redetermine eligibility for DWP.
ARTICLE 5
MISCELLANEOUS TECHNICAL
Section 1. Minnesota Statutes 2007 Supplement, section 245C.08,
subdivision 2, is amended to read:
Subd. 2. Background studies
conducted by a county agency. (a) For a background study conducted by a
county agency for adult foster care, family adult day services, and family
child care services, the commissioner shall review:
(1) information from the county agency's record of substantiated
maltreatment of adults and the maltreatment of minors;
(2) information from juvenile courts as required in subdivision 4 for
individuals listed in section 245C.03, subdivision 1, clauses (2), (5), and
(6); and
(3) information from the Bureau of Criminal Apprehension.
(b) If the individual has resided in the county for less than five
years, the study shall include the records specified under paragraph (a) for
the previous county or counties of residence for the past five years.
(c) Notwithstanding expungement by a court, the county agency may
consider information obtained under paragraph (a), clauses clause
(3) and (4), unless the commissioner received notice of the petition for
expungement and the court order for expungement is directed specifically to the
commissioner.
Sec. 2. Minnesota Statutes 2007 Supplement, section 256E.35,
subdivision 2, is amended to read:
Subd. 2. Definitions. (a)
The definitions in this subdivision apply to this section.
(b) "Family asset account" means a savings account opened by
a household participating in the Minnesota family assets for independence
initiative.
(c) "Fiduciary organization" means:
(1) a community action agency that has obtained recognition under
section 256E.31;
(2) a federal community development credit union serving the
seven-county metropolitan area; or
(3) a women-oriented economic development agency serving the
seven-county metropolitan area.
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(d) "Financial
institution" means a bank, bank and trust, savings bank, savings
association, or credit union, the deposits of which are insured by the Federal
Deposit Insurance Corporation or the National Credit Union Administration.
(e) "Permissible use" means:
(1) postsecondary educational expenses at an accredited public
postsecondary eligible educational institution as defined in
paragraph (g), including books, supplies, and equipment required for
courses of instruction;
(2) acquisition costs of acquiring, constructing, or reconstructing a
residence, including any usual or reasonable settlement, financing, or other
closing costs;
(3) business capitalization expenses for expenditures on capital,
plant, equipment, working capital, and inventory expenses of a legitimate
business pursuant to a business plan approved by the fiduciary organization;
and
(4) acquisition costs of a principal residence within the meaning of
section 1034 of the Internal Revenue Code of 1986 which do not exceed 100
percent of the average area purchase price applicable to the residence
determined according to section 143(e)(2) and (3) of the Internal Revenue Code
of 1986.
(f) "Household" means all individuals who share use of a
dwelling unit as primary quarters for living and eating separate from other
individuals.
(g) "Eligible educational institution" means the following:
(1) an institution of higher education described in section 101 or 102
of the Higher Education Act of 1965; or
(2) an area vocational education school, as defined in subparagraph (C)
or (D) of United States Code, title 20, chapter 44, section 2302 (3) (the Carl
D. Perkins Vocational and Applied Technology Education Act), which is located
within any state, as defined in United States Code, title 20, chapter 44,
section 2302 (30). This clause is applicable only to the extent section 2302 is
in effect on the effective date of this section.
Sec. 3. Laws 2007, chapter 147, article 2, section 21, the effective
date, is amended to read:
EFFECTIVE DATE. Subdivision 1 is effective
February 1, 2008, and subdivision 2 is effective May 1, 2008 March 1,
2009.
Sec. 4. REPEALER.
Minnesota Statutes 2006, section 256K.25, is repealed.
ARTICLE 6
CHILD WELFARE
Section 1. Minnesota Statutes 2006, section 259.20, subdivision 1, is
amended to read:
Subdivision 1. Policy and
purpose. The policy of the state of Minnesota and the purpose of sections
259.20 to 259.69 is to ensure:
(1) that the best interests of children adopted persons
are met in the planning and granting of adoptions; and
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(2) that laws and
practices governing adoption recognize the diversity of Minnesota's population
and the diverse needs of persons affected by adoption.
Sec. 2. Minnesota Statutes
2006, section 259.21, is amended by adding a subdivision to read:
Subd. 2a. Adult adoption. "Adult adoption" means the
adoption of a person at least 18 years of age.
Sec. 3. Minnesota Statutes
2006, section 259.22, subdivision 2, is amended to read:
Subd. 2. Children Persons who may be
adopted. No petition for adoption shall be filed unless the child person
sought to be adopted has been placed by the commissioner of human services,
the commissioner's agent, or a licensed child-placing agency. The provisions of
this subdivision shall not apply if
(a) the child
person to be adopted is over 14 years of age;
(b) the child is sought to
be adopted by an individual who is related to the child, as defined by section
245A.02, subdivision 13;
(c) the child has been
lawfully placed under the laws of another state while the child and petitioner
resided in that other state;
(d) the court waives the
requirement of this subdivision in the best interests of the child or
petitioners, provided that the adoption does not involve a placement as defined
in section 259.21, subdivision 8; or
(e) the child has been
lawfully placed under section 259.47.
Sec. 4. Minnesota Statutes
2006, section 259.23, subdivision 2, is amended to read:
Subd. 2. Contents of petition. The petition
shall be signed by the petitioner and, if married, by the spouse. It shall be
verified, and filed in duplicate. The petition shall allege:
(a) The full name, age and
place of residence of petitioner, and if married, the date and place of
marriage;
(b) The date petitioner
acquired physical custody of the child and from what person or agency;
(c) The date of birth of the
child person to be adopted, if known, and the state and county
where born;
(d) The name of the child's
parents, if known, and the guardian if there be one;
(e) The actual name of the child
person to be adopted, if known, and any known aliases;
(f) The name to be given the
child person to be adopted if a change of name is desired;
(g) The description and
value of any real or personal property owned by the child person to
be adopted;
(h) That the petitioner
desires that the relationship of parent and child be established between
petitioner and the child, and that it is to the the person to be
adopted and that adoption is in the best interests of the child for the
child person to be adopted by the petitioner.
In agency placements, the
information required in clauses (d) and (e) shall not be required to be alleged
in the petition but shall be transmitted to the court by the commissioner of
human services or the agency.
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Sec. 5. [259.241] ADULT ADOPTION.
(a) Any adult person may be adopted, regardless of his or her
residence. A resident of Minnesota may petition the court of record having
jurisdiction of adoption proceedings to adopt an individual who has reached the
age of 18 years or older.
(b) The consent of the person to be adopted shall be the only consent
necessary, according to section 259.24. The consent of an adult in his or her
own adoption is invalid if the adult is considered to be a vulnerable adult
under section 626.5572, subdivision 21, or if the person consenting to the
adoption is determined not competent to give consent.
(c) The decree of adoption establishes a parent-child relationship
between the adopting parent or parents and the person adopted, including the
right to inherit, and also terminates the parental rights and sibling
relationship between the adopted person and the adopted person's birth parents
and siblings according to section 259.59.
(d) If the adopted person requests a change of name, the adoption
decree shall order the name change.
Sec. 6. Minnesota Statutes 2007 Supplement, section 259.41, subdivision
1, is amended to read:
Subdivision 1. Study required
before placement; certain relatives excepted. (a) An approved adoption
study; completed background study, as required under section 245C.33; and
written report must be completed before the child is placed in a prospective
adoptive home under this chapter, except as allowed by section 259.47,
subdivision 6. In an agency placement, the report must be filed with the court
at the time the adoption petition is filed. In a direct adoptive placement, the
report must be filed with the court in support of a motion for temporary
preadoptive custody under section 259.47, subdivision 3, or, if the study and
report are complete, in support of an emergency order under section 259.47,
subdivision 6. The study and report shall be completed by a licensed
child-placing agency and must be thorough and comprehensive. The study and
report shall be paid for by the prospective adoptive parent, except as
otherwise required under section 256.01, subdivision 2, paragraph (h), 259.67,
or 259.73.
(b) A placement for adoption with an individual who is related to the
child, as defined by section 245A.02, subdivision 13, is not subject to this
section except as a background study required by sections 245C.33
and 259.53, subdivision 2, paragraph (c) by subdivision 2, paragraph
(a), clause (1), items (i) and (ii), and subdivision 3. In the case of a
stepparent adoption, a background study must be completed on the stepparent and
any children as required under subdivision 3, paragraph (b), except that a
child of the stepparent does not need to have a background study complete if
they are a sibling through birth or adoption of the person being adopted. The
local social services agency of the county in which the prospective adoptive
parent lives must initiate a background study unless a child-placing agency has
been involved with the adoption. The local social service agency may charge a
reasonable fee for the background study. If a placement is being made the
background study must be completed prior to placement pursuant to section
259.29, subdivision 1, paragraph (c). Background study results must be filed
with the adoption petition according to section 259.22, except in an adult
adoption where an adoption study and background study are not needed.
(c) In the case of a licensed foster parent seeking to adopt a child
who is in the foster parent's care, any portions of the foster care licensing
process that duplicate requirements of the home study may be submitted in
satisfaction of the relevant requirements of this section.
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Sec. 7. Minnesota
Statutes 2006, section 259.43, is amended to read:
259.43 BIRTH PARENT HISTORY; COMMISSIONER'S FORM.
In any adoption under this
chapter, except a stepparent or an adult adoption under section
259.241, a birth parent or an agency, if an agency placement, shall
provide a prospective adoptive parent with a complete, thorough, detailed,
and current social and medical history of the birth families
child being adopted, if information is known after reasonable
inquiry. Each birth family child's social and medical history
must be provided on a form or forms prepared by the commissioner and
must include background and health history specific to the child, the child's
birth parents, and the child's other birth relatives. Applicable background and
health information about the child includes: the child's current health
condition, behavior, and demeanor; placement history; education history;
sibling information; and birth, medical, dental, and immunization information.
Redacted copies of pertinent records, assessments, and evaluations shall be
attached to the child's social and medical history. Applicable background
information about the child's birth parents and other birth relatives includes:
general background information; education and employment history; physical
health and mental health history; and reasons for the child's placement. The
child's social and medical history shall be completed in a manner so
that the completed form protects the identities of all individuals
described in it. The commissioner shall make the form available to agencies and
court administrators for public distribution. The birth family child's
social and medical history must be provided to the prospective adoptive
family prior to adoptive placement, provided to the Department of Human
Services with application for adoption assistance, if applicable, and filed
with the court when the adoption petition is filed, or,. In a
direct adoptive placement, the child's social and medical history must be
filed with the court with the motion for temporary preadoptive custody.
Sec. 8. Minnesota Statutes
2006, section 259.52, subdivision 2, is amended to read:
Subd. 2. Requirement to search registry before
adoption petition can be granted; proof of search. No petition for adoption
may be granted unless the agency supervising the adoptive placement, the birth
mother of the child, or, in the case of a stepparent or relative adoption, the
county agency responsible for the report required under section 259.53,
subdivision 1, requests that the commissioner of health search the registry to
determine whether a putative father is registered in relation to a child who is
or may be the subject of an adoption petition. The search required by this
subdivision must be conducted no sooner than 31 days following the birth of the
child. A search of the registry may be proven by the production of a certified
copy of the registration form or by a certified statement of the commissioner
of health that after a search no registration of a putative father in relation
to a child who is or may be the subject of an adoption petition could be
located. The filing of a certified copy of an order from a juvenile
protection matter under chapter 260C containing a finding that certification of
the requisite search of the Minnesota Fathers' Adoption Registry was filed with
the court in that matter shall also constitute proof of search. Certification
that the fathers' adoption registry has been searched must be filed with the
court prior to entry of any final order of adoption. In addition to the search
required by this subdivision, the agency supervising the adoptive placement,
the birth mother of the child, or, in the case of a stepparent or relative
adoption, the county social services agency responsible for the
report under section 259.53, subdivision 1, or the responsible social
services agency that is a petitioner in a juvenile protection matter under
chapter 260C may request that the commissioner of health search the
registry at any time.
Sec. 9. Minnesota Statutes
2006, section 259.53, subdivision 3, is amended to read:
Subd. 3. Reports and records. (a) The contents
of all reports and records of the commissioner of human services, local social
services agency, or child-placing agency bearing on the suitability of the
proposed adoptive home and the child to each other shall not be disclosed
either directly or indirectly to any person other than the commissioner of
human services, the child's guardian ad litem appointed under: (1) section
260C.163 when the guardian's appointment continues under section 260C.317,
subdivision 3, paragraph (b); or (2) section 259.65, or a judge of the
court having jurisdiction of the matter, except as provided in paragraph (b).
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(b) A judge of the
court having jurisdiction of the matter shall upon request disclose to a party
to the proceedings or the party's counsel any portion of a report or record
that relates only to the suitability of the proposed adoptive parents. In this
disclosure, the judge may withhold the identity of individuals providing
information in the report or record. When the judge is considering whether to
disclose the identity of individuals providing information, the agency with
custody of the report or record shall be permitted to present reasons for or
against disclosure.
Sec. 10. Minnesota Statutes 2007 Supplement, section 259.57,
subdivision 1, is amended to read:
Subdivision 1. Findings; orders.
Upon the hearing,
(a) if the court finds that it is in the best interests of the child
person to be adopted that the petition be granted, a decree of adoption
shall be made and recorded in the office of the court administrator, ordering
that henceforth the child person to be adopted shall be the child
of the petitioner. In the decree the court may change the name of the child
adopted person if desired. After the decree is granted for a child
an adopted person who is:
(1) under the guardianship of the commissioner or a licensed
child-placing agency according to section 260C.201, subdivision 11, or
260C.317;
(2) placed by the commissioner, commissioner's agent, or licensed
child-placing agency after a consent to adopt according to section 259.24 or
under an agreement conferring authority to place for adoption according to
section 259.25; or
(3) adopted after a direct adoptive placement ordered by the district
court under section 259.47,
the court administrator
shall immediately mail a copy of the recorded decree to the commissioner of
human services;
(b) if the court is not satisfied that the proposed adoption is in the
best interests of the child person to be adopted, the court shall
deny the petition, and in the case of a child shall order the child
returned to the custody of the person or agency legally vested with permanent
custody or certify the case for appropriate action and disposition to the court
having jurisdiction to determine the custody and guardianship of the child.
Sec. 11. Minnesota Statutes 2006, section 259.59, subdivision 1, is
amended to read:
Subdivision 1. Legal effect.
Upon adoption, the child adopted person shall become the legal
child of the adopting persons and they shall become the legal parents of the
child with all the rights and duties between them of birth parents and
legitimate child. By virtue of the adoption the child adopted person shall
inherit from the adoptive parents or their relatives the same as though the child
adopted person were the natural child of the parents, and in case of the
child's adopted person's death intestate the adoptive parents and
their relatives shall inherit the child's adopted person's estate
as if they the adopted person had been the child's birth parents
and relatives. After a decree of adoption is entered the birth parents of an
adopted child person shall be relieved of all parental
responsibilities for the child adopted person, and they shall not
exercise or have any rights over the adopted child person or the child's
adopted person's property. The child adopted person shall
not owe the birth parents or their relatives any legal duty nor shall the child
adopted person inherit from the birth parents or kindred, except as
provided in subdivision 1a and section 257C.08, subdivision 6.
Sec. 12. Minnesota Statutes 2006, section 259.59, subdivision 2, is
amended to read:
Subd. 2. Enrollment in American
Indian tribe. Notwithstanding the provisions of subdivision 1, the adoption
of a child person whose birth parent or parents are enrolled in
an American Indian tribe shall not change the child's person's
enrollment in that tribe.
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Sec. 13. Minnesota
Statutes 2006, section 259.67, subdivision 2, is amended to read:
Subd. 2. Adoption assistance
agreement. The placing agency shall certify a child as eligible for
adoption assistance according to rules promulgated by the commissioner. The
placing agency shall not certify a child who remains under the jurisdiction of
the sending agency pursuant to section 260.851, article 5, for state-funded
adoption assistance when Minnesota is the receiving state. Not later than 30
days after a parent or parents are found and approved for adoptive placement of
a child certified as eligible for adoption assistance, and before the final
decree of adoption is issued, a written agreement must be entered into by the
commissioner, the adoptive parent or parents, and the placing agency. The
written agreement must be fully completed by the placing agency and in the form
prescribed by the commissioner and must set forth the responsibilities of all
parties, the anticipated duration of the adoption assistance payments, and the
payment terms. The adoption assistance agreement shall be subject to the
commissioner's approval, which must be granted or denied not later than 15 days
after the agreement is entered.
The amount of adoption assistance is subject to the availability of
state and federal funds and shall be determined through agreement with the
adoptive parents. The agreement shall take into consideration the circumstances
of the adopting parent or parents, the needs of the child being adopted and may
provide ongoing monthly assistance, supplemental maintenance expenses related
to the adopted person's child's special needs, nonmedical
expenses periodically necessary for purchase of services, items, or equipment
related to the special needs, and medical expenses. The placing agency or the
adoptive parent or parents shall provide written documentation to support the
need for adoption assistance payments. The commissioner may require periodic
reevaluation of adoption assistance payments. The amount of ongoing monthly
adoption assistance granted may in no case exceed that which would be allowable
for the child under foster family care and is subject to the availability of
state and federal funds.
Sec. 14. Minnesota Statutes 2006, section 259.67, subdivision 3, is
amended to read:
Subd. 3. Annual affidavit
Modification or termination of the adoption assistance agreement. When
adoption assistance agreements are for more than one year, the adoptive parents
or guardian or conservator shall annually present an affidavit stating whether
the adopted person remains under their care and whether the need for adoption
assistance continues to exist. The commissioner may verify the affidavit. The
adoption assistance agreement shall continue in accordance with its terms as
long as the need for adoption assistance continues and the adopted person
child is the legal or financial dependent of the adoptive parent or parents
or guardian or conservator and is under 18 years of age. The adoption
assistance agreement may be extended to age 22 as allowed by rules adopted by
the commissioner. Termination or modification of the adoption assistance
agreement may be requested by the adoptive parents or subsequent guardian or
conservator at any time. When the commissioner determines that a child is
eligible for adoption assistance under Title IV-E of the Social Security Act,
United States Code, title 42, sections 670 to 679a, the commissioner shall
modify the adoption assistance agreement in order to obtain the funds under
that act.
Sec. 15. Minnesota Statutes 2006, section 259.67, is amended by adding
a subdivision to read:
Subd. 3a. Recovery of overpayments.
An amount of adoption assistance paid to an adoptive parent in excess of the
payment due is recoverable by the commissioner, even when the overpayment was
caused by agency error or circumstances outside the responsibility and control
of the family or provider. Adoption assistance amounts covered by this
subdivision include basic maintenance needs payments, monthly supplemental
maintenance needs payments, reimbursement of nonrecurring adoption expenses,
reimbursement of special nonmedical costs, and reimbursement of medical costs.
Sec. 16. Minnesota Statutes 2007 Supplement, section 259.67,
subdivision 4, is amended to read:
Subd. 4. Eligibility conditions.
(a) The placing agency shall use the AFDC requirements as specified in federal
law as of July 16, 1996, when determining the child's eligibility for adoption
assistance under title IV-E of the Social Security Act. If the child does not
qualify, the placing agency shall certify a child as eligible for state funded
adoption assistance only if the following criteria are met:
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(1) Due to the
child's characteristics or circumstances it would be difficult to provide the
child an adoptive home without adoption assistance.
(2)(i) A placement agency has made reasonable efforts to place the
child for adoption without adoption assistance, but has been unsuccessful; or
(ii) the child's licensed foster parents desire to adopt the child and it
is determined by the placing agency that the adoption is in the best interest
of the child; or
(iii) the child's relative, as defined in section 260C.007, subdivision
27, desires to adopt the child, and it is determined by the placing agency that
the adoption is in the best interest of the child.
(3)(i) The child has been is a ward of the commissioner,
a Minnesota-licensed child-placing agency, or a tribal social service
agency of Minnesota recognized by the Secretary of the Interior; or (ii) the
child will be adopted according to tribal law without a termination of parental
rights or relinquishment, provided that the tribe has documented the valid
reason why the child cannot or should not be returned to the home of the
child's parent. The placing agency shall not certify a child who remains under
the jurisdiction of the sending agency pursuant to section 260.851, article 5,
for state-funded adoption assistance when Minnesota is the receiving state. A
child who is adopted by the child's legal custodian or guardian shall not be
eligible for state-funded adoption assistance.
(b) For purposes of this subdivision, The characteristics or
circumstances that may be considered in determining whether a child is a
child with special needs under United States Code, title 42, chapter 7,
subchapter IV, part E, or meets the requirements of paragraph (a), clause
(1), or section 473(c)(2)(A) of the Social Security Act, are the
following:
(1) The child is a member of a sibling group to be placed as one unit
in which at least one sibling is older than 15 months of age or is described in
clause (2) or (3).
(2) The child has documented physical, mental, emotional, or behavioral
disabilities.
(3) The child has a high risk of developing physical, mental,
emotional, or behavioral disabilities.
(4) The child is five years of age or older.
(c) When a child's eligibility for adoption assistance is based upon
the high risk of developing physical, mental, emotional, or behavioral
disabilities, payments shall not be made under the adoption assistance
agreement unless and until the potential disability manifests itself as
documented by an appropriate health care professional.
Sec. 17. Minnesota Statutes 2006, section 259.75, subdivision 5, is
amended to read:
Subd. 5. Withdrawal of
registration. A child's registration shall be withdrawn when the exchange
service has been notified in writing by the local social service agency and
or the licensed child-placing agency that the child has been adopted,
has become 14 years old and will not consent to an adoption plan, placed
in an adoptive home or has died.
Sec. 18. Minnesota Statutes 2006, section 259.89, subdivision 1, is
amended to read:
Subdivision 1. Request. An
adopted person who is 19 years of age or over may request the commissioner of
health to disclose the information on the adopted person's original birth
record. The commissioner of health shall, within five days of receipt of the
request, notify the commissioner of human services services' agent or
licensed child-placing agency when known, or the commissioner of human services
when the agency is not known in writing of the request by the adopted
person.
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Sec. 19. Minnesota
Statutes 2006, section 259.89, subdivision 2, is amended to read:
Subd. 2. Search. Within six
months after receiving notice of the request of the adopted person, the
commissioner of human services services' agent or a licensed
child-placing agency shall make complete and reasonable efforts to notify
each parent identified on the original birth record of the adopted person. The
commissioner, the commissioner's agents, and licensed child-placing agencies
may charge a reasonable fee to the adopted person for the cost of making a search
pursuant to this subdivision. Every licensed child-placing agency in the state
shall cooperate with the commissioner of human services in efforts to notify an
identified parent. All communications under this subdivision are confidential
pursuant to section 13.02, subdivision 3.
For purposes of this subdivision, "notify" means a personal
and confidential contact with the birth parents named on the original birth
record of the adopted person. The contact shall not be by mail and shall
be by an employee or agent of the licensed child-placing agency which processed
the pertinent adoption or some other licensed child-placing agency designated
by the commissioner of human services when it is determined to be reasonable
by the commissioner; otherwise contact shall be by mail or telephone. The
contact shall be evidenced by filing with the commissioner of health an
affidavit of notification executed by the person who notified each parent
certifying that each parent was given the following information:
(a)
(1) the
nature of the information requested by the adopted person;
(b)
(2) the
date of the request of the adopted person;
(c)
(3) the
right of the parent to file, within 30 days of receipt of the notice, an
affidavit with the commissioner of health stating that the information on the
original birth record should not be disclosed;
(d)
(4) the
right of the parent to file a consent to disclosure with the commissioner of
health at any time; and
(e)
(5) the
effect of a failure of the parent to file either a consent to disclosure or an
affidavit stating that the information on the original birth record should not
be disclosed.
Sec. 20. Minnesota Statutes 2006, section 259.89, subdivision 4, is
amended to read:
Subd. 4. Release of information
after notice. If, within six months, the commissioner of human services
certifies services' agent or licensed child-placing agency document to
the commissioner of health notification of each parent identified on the
original birth record pursuant to subdivision 2, the commissioner of health
shall disclose the information requested by the adopted person 31 days after
the date of the latest notice to either parent. This disclosure will occur if,
at any time during the 31 days both of the parents identified on the original birth
record have filed a consent to disclosure with the commissioner of health and
neither consent to disclosure has been revoked by the subsequent filing by a
parent of an affidavit stating that the information should not be disclosed. If
only one parent has filed a consent to disclosure and the consent has not been
revoked, the commissioner of health shall disclose, to the adopted person,
original birth record information on the consenting parent only.
Sec. 21. Minnesota Statutes 2006, section 259.89, is amended by adding
a subdivision to read:
Subd. 7. Adult adoptions. Notwithstanding
section 144.218, a person adopted as an adult shall be permitted to access the
person's birth records that existed prior to the adult adoption. Access to the
existing birth records shall be the same access that was permitted prior to the
adult adoption.
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Sec. 22. Minnesota
Statutes 2006, section 260.835, subdivision 2, is amended to read:
Subd. 2. Expiration.
Notwithstanding section 15.059, subdivision 5, the American Indian Child
Welfare Advisory Council expires June 30, 2008 2012.
Sec. 23. [260.853] INTERSTATE
COMPACT FOR THE PLACEMENT OF CHILDREN.
ARTICLE I. PURPOSE
The purpose of this Interstate Compact for the Placement of Children is
to:
A. Provide a process through which children subject to this compact are
placed in safe and suitable homes in a timely manner.
B. Facilitate ongoing supervision of a placement, the delivery of services,
and communication between the states.
C. Provide operating procedures that will ensure that children are
placed in safe and suitable homes in a timely manner.
D. Provide for the promulgation and enforcement of administrative rules
implementing the provisions of this compact and regulating the covered
activities of the member states.
E. Provide for uniform data collection and information sharing between
member states under this compact.
F. Promote coordination between this compact, the Interstate Compact
for Juveniles, the Interstate Compact on Adoption and Medical Assistance and
other compacts affecting the placement of and which provide services to
children otherwise subject to this compact.
G. Provide for a state's continuing legal jurisdiction and
responsibility for placement and care of a child that it would have had if the
placement were intrastate.
H. Provide for the promulgation of guidelines, in collaboration with
Indian tribes, for interstate cases involving Indian children as is or may be
permitted by federal law.
ARTICLE II. DEFINITIONS
As used in this compact,
A. "Approved placement" means the public child-placing agency
in the receiving state has determined that the placement is both safe and
suitable for the child.
B. "Assessment" means an evaluation of a prospective
placement by a public child-placing agency to determine whether the placement
meets the individualized needs of the child, including but not limited to the
child's safety and stability, health and well-being, and mental, emotional, and
physical development. An assessment is only applicable to a placement by a
public child-placing agency.
C. "Child" means an individual who has not attained the age
of eighteen (18).
D. "Certification" means to attest, declare, or be sworn to
before a judge or notary public.
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E.
"Default" means the failure of a member state to perform the
obligations or responsibilities imposed upon it by this compact, the bylaws or
rules of the Interstate Commission.
F. "Home Study" means an evaluation of a home environment
conducted according to the applicable requirements of the state in which the
home is located, and documents the preparation and the suitability of the
placement resource for placement of a child according to the laws and
requirements of the state in which the home is located.
G. "Indian tribe" means any Indian tribe, band, nation, or other
organized group or community of Indians recognized as eligible for services
provided to Indians by the Secretary of the Interior because of their status as
Indians, including any Alaskan native village as defined in section 3 (c) of
the Alaska Native Claims settlement Act at 43 USC§1602(c).
H. "Interstate Commission for the Placement of Children"
means the commission that is created under Article VIII of this compact and
which is generally referred to as the Interstate Commission.
I. "Jurisdiction" means the power and authority of a court to
hear and decide matters.
J. "Legal Risk Placement" ("Legal Risk Adoption")
means a placement made preliminary to an adoption where the prospective
adoptive parents acknowledge in writing that a child can be ordered returned to
the sending state or the birth mother's state of residence, if different from
the sending state and a final decree of adoption shall not be entered in any
jurisdiction until all required consents are obtained or are dispensed with
according to applicable law.
K. "Member state" means a state that has enacted this
compact.
L. "Noncustodial parent" means a person who, at the time of
the commencement of court proceedings in the sending state, does not have sole
legal custody of the child or has joint legal custody of a child, and who is
not the subject of allegations or findings of child abuse or neglect.
M. "Nonmember state" means a state which has not enacted this
compact.
N. "Notice of residential placement" means information
regarding a placement into a residential facility provided to the receiving
state including, but not limited to the name, date and place of birth of the
child, the identity and address of the parent or legal guardian, evidence of
authority to make the placement, and the name and address of the facility in
which the child will be placed. Notice of residential placement shall also
include information regarding a discharge and any unauthorized absence from the
facility.
O. "Placement" means the act by a public or private child-placing
agency intended to arrange for the care or custody of a child in another state.
P. "Private child-placing agency" means any private
corporation, agency, foundation, institution, or charitable organization, or
any private person or attorney that facilitates, causes, or is involved in the
placement of a child from one state to another and that is not an
instrumentality of the state or acting under color of state law.
Q. "Provisional placement" means a determination made by the
public child-placing agency in the receiving state that the proposed placement
is safe and suitable, and, to the extent allowable, the receiving state has
temporarily waived its standards or requirements otherwise applicable to
prospective foster or adoptive parents so as to not delay the placement.
Completion of an assessment and the receiving state requirements regarding
training for prospective foster or adoptive parents shall not delay an
otherwise safe and suitable placement.
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R. "Public
child-placing agency" means any government child welfare agency or child
protection agency or a private entity under contract with such an agency,
regardless of whether they act on behalf of a state, county, municipality, or
other governmental unit and which facilitates, causes, or is involved in the
placement of a child from one state to another.
S. "Receiving state" means the state to which a child is
sent, brought, or caused to be sent or brought.
T. "Relative" means someone who is related to the child as a
parent, step-parent, sibling by half or whole blood or by adoption,
grandparent, aunt, uncle, or first cousin or a non-relative with such
significant ties to the child that they may be regarded as relatives as
determined by the court in the sending state.
U. "Residential Facility" means a facility providing a level
of care that is sufficient to substitute for parental responsibility or foster care,
and is beyond what is needed for assessment or treatment of an acute condition.
For purposes of the compact, residential facilities do not include institutions
primarily educational in character, hospitals, or other medical facilities.
V. "Rule" means a written directive, mandate, standard, or
principle issued by the Interstate Commission promulgated pursuant to Article
XI of this compact that is of general applicability and that implements,
interprets, or prescribes a policy or provision of the compact. Rule has the
force and effect of an administrative rule in a member state, and includes the
amendment, repeal, or suspension of an existing rule.
W. "Sending state" means the state from which the placement
of a child is initiated.
X. "Service member's permanent duty station" means the
military installation where an active duty Armed Services member is currently
assigned and is physically located under competent orders that do not specify
the duty as temporary.
Y. "Service member's state of legal residence" means the
state in which the active duty Armed Services member is considered a resident
for tax and voting purposes.
Z. "State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, the Northern Marianas Islands, and any other territory of the
United States.
AA. "State court" means a judicial body of a state that is
vested by law with responsibility for adjudicating cases involving abuse,
neglect, deprivation, delinquency, or status offenses of individuals who have
not attained the age of eighteen (18).
BB. "Supervision" means monitoring provided by the receiving
state once a child has been placed in a receiving state pursuant to this
compact.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in Article III, Section B, this compact
shall apply to:
1. The interstate placement of a child subject to ongoing court
jurisdiction in the sending state, due to allegations or findings that the
child has been abused, neglected, or deprived as defined by the laws of the
sending state, provided, however, that the placement of such a child into a
residential facility shall only require notice of residential placement to the
receiving state prior to placement.
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2. The
interstate placement of a child adjudicated delinquent or unmanageable based on
the laws of the sending state and subject to ongoing court jurisdiction of the
sending state if:
a. the child is being placed
in a residential facility in another member state and is not covered under
another compact; or
b. the child is being placed
in another member state and the determination of safety and suitability of the
placement and services required is not provided through another compact.
3. The interstate placement
of any child by a public child-placing agency or private child-placing agency
as defined in this compact as a preliminary step to a possible adoption.
B. The provisions of this
compact shall not apply to:
1. The interstate placement
of a child in a custody proceeding in which a public child placing agency is
not a party, provided the placement is not intended to effectuate an adoption.
2. The interstate placement
of a child with a non-relative in a receiving state by a parent with the legal
authority to make such a placement provided, however, that the placement is not
intended to effectuate an adoption.
3. The interstate placement
of a child by one relative with the lawful authority to make such a placement
directly with a relative in a receiving state.
4. The placement of a child,
not subject to Article III, Section A, into a residential facility by his
parent.
5. The placement of a child
with a noncustodial parent provided that:
a. The noncustodial parent
proves to the satisfaction of a court in the sending state a substantial
relationship with the child; and
b. The court in the sending
state makes a written finding that placement with the non-custodial parent is
in the best interests of the child; and
c. The court in the sending
state dismisses its jurisdiction over the child's case.
6. A child entering the
United States from a foreign country for the purpose of adoption or leaving the
United States to go to a foreign country for the purpose of adoption in that
country.
7. Cases in which a U.S.
citizen child living overseas with his family, at least one of whom is in the
U.S. Armed Services, and who is stationed overseas, is removed and placed in a
state.
8. The sending of a child by
a public child-placing agency or a private child-placing agency for a visit as
defined by the rules of the Interstate Commission.
C. For purposes of
determining the applicability of this compact to the placement of a child with
a family in the Armed Services, the public child-placing agency or private
child-placing agency may choose the state of the service member's permanent
duty station or the service member's declared legal residence.
D. Nothing in this compact
shall be construed to prohibit the concurrent application of the provisions of
this compact with other applicable interstate compacts including the Interstate
Compact for Juveniles and the Interstate Compact on Adoption and Medical
Assistance. The Interstate Commission may in cooperation with other interstate
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compact
commissions having responsibility for the interstate movement, placement, or
transfer of children, promulgate like rules to ensure the coordination of
services, timely placement of children, and the reduction of unnecessary or
duplicative administrative or procedural requirements.
ARTICLE IV. JURISDICTION
A. Except as provided in Article IV, Section G, concerning private and
independent adoptions and in interstate placements in which the public child
placing agency is not a party to a custody proceeding, the sending state shall
retain jurisdiction over a child with respect to all matters of custody and
disposition of the child which it would have had if the child had remained in
the sending state. Such jurisdiction shall also include the power to order the
return of the child to the sending state.
B. When an issue of child protection or custody is brought before a
court in the receiving state, such court shall confer with the court of the
sending state to determine the most appropriate forum for adjudication.
C. In accordance with its own laws, the court in the sending state
shall have authority to terminate its jurisdiction if:
1. The child is reunified with the parent in the receiving state who is
the subject of allegations or findings of abuse or neglect, only with the
concurrence of the public child-placing agency in the receiving state; or
2. The child is adopted;
3. The child reaches the age of majority under the laws of the sending
state; or
4. The child achieves legal independence pursuant to the laws of the
sending state; or
5. A guardianship is created by a court in the receiving state with the
concurrence of the court in the sending state; or
6. An Indian tribe has petitioned for and received jurisdiction from
the court in the sending state; or
7. The public child-placing agency of the sending state requests
termination and has obtained the concurrence of the public child-placing agency
in the receiving the state.
D. When a sending state court terminates its jurisdiction, the
receiving state child-placing agency shall be notified.
E. Nothing in this article shall defeat a claim of jurisdiction by a
receiving state court sufficient to deal with an act of truancy, delinquency,
crime, or behavior involving a child as defined by the laws of the receiving
state committed by the child in the receiving state which would be a violation
of its laws.
F. Nothing in this article shall limit the receiving state's ability to
take emergency jurisdiction for the protection of the child.
G. The substantive laws of the state in which an adoption will be
finalized shall solely govern all issues relating to the adoption of the child
and the court in which the adoption proceeding is filed shall have subject
matter jurisdiction regarding all substantive issues relating to the adoption,
except:
1. when the child is a ward of another court that established
jurisdiction over the child prior to the placement;
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2. when the
child is in the legal custody of a public agency in the sending state; or
3. when the court in the sending state has otherwise appropriately
assumed jurisdiction over the child, prior to the submission of the request for
approval of placement.
ARTICLE V. PLACEMENT EVALUATION
A. Prior to sending, bringing, or causing a child to be sent or brought
into a receiving state, the public child-placing agency shall provide a written
request for assessment to the receiving state.
B. For placements by a private child-placing agency, a child may be
sent or brought, or caused to be sent or brought, into a receiving state, upon
receipt and immediate review of the required content in a request for approval
of a placement in both the sending and receiving state public child-placing
agency. The required content to accompany a request for provisional approval
shall include all of the following:
1. A request for approval identifying the child, birth parents, the
prospective adoptive parents, and the supervising agency, signed by the person
requesting approval; and
2. The appropriate consents or relinquishments signed by the
birthparents in accordance with the laws of the sending state or, where
permitted, the laws of the state where the adoption will be finalized; and
3. Certification by a licensed attorney or other authorized agent of a
private adoption agency that the consent or relinquishment is in compliance
with the applicable laws of the sending state, or where permitted the laws of
the state where finalization of the adoption will occur; and
4. A home study; and
5. An acknowledgment of legal risk signed by the prospective adoptive
parents.
C. The sending state and the receiving state may request additional information
or documents prior to finalization of an approved placement, but they may not
delay travel by the prospective adoptive parents with the child if the required
content for approval has been submitted, received, and reviewed by the public
child-placing agency in both the sending state and the receiving state.
D. Approval from the public child-placing agency in the receiving state
for a provisional or approved placement is required as provided for in the
rules of the Interstate Commission.
E. The procedures for making, and the request for an assessment, shall
contain all information and be in such form as provided for in the rules of the
Interstate Commission.
F. Upon receipt of a request from the public child-placing agency of
the sending state, the receiving state shall initiate an assessment of the
proposed placement to determine its safety and suitability. If the proposed
placement is a placement with a relative, the public child-placing agency of
the sending state may request a determination for a provisional placement.
G. The public child-placing agency in the receiving state may request
from the public child-placing agency or the private child-placing agency in the
sending state, and shall be entitled to receive supporting or additional information
necessary to complete the assessment.
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ARTICLE VI.
PLACEMENT AUTHORITY
A. Except as otherwise provided in this compact, no child subject to
this compact shall be placed into a receiving state until approval for such
placement is obtained.
B. If the public child-placing agency in the receiving state does not
approve the proposed placement then the child shall not be placed. The
receiving state shall provide written documentation of any such determination
in accordance with the rules promulgated by the Interstate Commission. Such
determination is not subject to judicial review in the sending state.
C. If the proposed placement is not approved, any interested party
shall have standing to seek an administrative review of the receiving state's
determination.
1. The administrative review and any further judicial review associated
with the determination shall be conducted in the receiving state pursuant to its
applicable administrative procedures.
2. If a determination not to approve the placement of the child in the
receiving state is overturned upon review, the placement shall be deemed
approved, provided however that all administrative or judicial remedies have
been exhausted or the time for such remedies has passed.
ARTICLE VII. PLACING AGENCY RESPONSIBILITY
A. For the interstate placement of a child made by a public
child-placing agency or state court:
1. The public child-placing agency in the sending state shall have
financial responsibility for:
a. the ongoing support and maintenance for the child during the period
of the placement, unless otherwise provided for in the receiving state; and
b. as determined by the public child-placing agency in the sending
state, services for the child beyond the public services for which the child is
eligible in the receiving state.
2. The receiving state shall only have financial responsibility for:
a. any assessment conducted by the receiving state; and
b. supervision conducted by the receiving state at the level necessary
to support the placement as agreed upon by the public child-placing agencies of
the receiving and sending state.
3. Nothing in this provision shall prohibit public child-placing
agencies in the sending state from entering into agreements with licensed
agencies or persons in the receiving state to conduct assessments and provide
supervision.
B. For the placement of a child by a private child-placing agency
preliminary to a possible adoption, the private child-placing agency shall be:
1. Legally responsible for the child during the period of placement as
provided for in the law of the sending state until the finalization of the
adoption.
2. Financially responsible for the child absent a contractual agreement
to the contrary.
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C. The public
child-placing agency in the receiving state shall provide timely assessments,
as provided for in the rules of the Interstate Commission.
D. The public child-placing agency in the receiving state shall
provide, or arrange for the provision of, supervision and services for the
child, including timely reports, during the period of the placement.
E. Nothing in this compact shall be construed as to limit the authority
of the public child-placing agency in the receiving state from contracting with
a licensed agency or person in the receiving state for an assessment or the
provision of supervision or services for the child or otherwise authorizing the
provision of supervision or services by a licensed agency during the period of
placement.
F. Each member state shall provide for coordination among its branches
of government concerning the state's participation in, and compliance with, the
compact and Interstate Commission activities, through the creation of an
advisory council or use of an existing body or board.
G. Each member state shall establish a central state compact office,
which shall be responsible for state compliance with the compact and the rules
of the Interstate Commission.
H. The public child-placing agency in the sending state shall oversee
compliance with the provisions of the Indian Child Welfare Act (25 USC 1901 et
seq.) for placements subject to the provisions of this compact, prior to
placement.
I. With the consent of the Interstate Commission, states may enter into
limited agreements that facilitate the timely assessment and provision of
services and supervision of placements under this compact.
ARTICLE VIII. INTERSTATE COMMISSION FOR THE
PLACEMENT OF CHILDREN
The member states hereby establish, by way of this compact, a
commission known as the "Interstate Commission for the Placement of
Children." The activities of the Interstate Commission are the formation
of public policy and are a discretionary state function. The Interstate
Commission shall:
A. Be a joint commission of the member states and shall have the
responsibilities, powers and duties set forth herein, and such additional
powers as may be conferred upon it by subsequent concurrent action of the
respective legislatures of the member states.
B. Consist of one commissioner from each member state who shall be
appointed by the executive head of the state human services administration with
ultimate responsibility for the child welfare program. The appointed
commissioner shall have the legal authority to vote on policy related matters
governed by this compact binding the state.
1. Each member state represented at a meeting of the Interstate
Commission is entitled to one vote.
2. A majority of the member states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the bylaws of
the Interstate Commission.
3. A representative shall not delegate a vote to another member state.
4. A representative may delegate voting authority to another person
from their state for a specified meeting.
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C. In addition
to the commissioners of each member state, the Interstate Commission shall
include persons who are members of interested organizations as defined in the
bylaws or rules of the Interstate Commission. Such members shall be ex officio
and shall not be entitled to vote on any matter before the Interstate
Commission.
D. Establish an executive committee which shall have the authority to
administer the day-to-day operations and administration of the Interstate
Commission. It shall not have the power to engage in rulemaking.
ARTICLE IX. POWERS AND DUTIES OF
THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To promulgate rules and take all necessary actions to effect the goals,
purposes and obligations as enumerated in this compact.
B. To provide for dispute resolution among member states.
C. To issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate compact, its bylaws,
rules or actions.
D. To enforce compliance with this compact or the bylaws or rules of
the Interstate Commission pursuant to Article XII.
E. Collect standardized data concerning the interstate placement of
children subject to this compact as directed through its rules which shall
specify the data to be collected, the means of collection and data exchange and
reporting requirements.
F. To establish and maintain offices as may be necessary for the
transacting of its business.
G. To purchase and maintain insurance and bonds.
H. To hire or contract for services of personnel or consultants as
necessary to carry out its functions under the compact and establish personnel
qualification policies, and rates of compensation.
I. To establish and appoint committees and officers including, but not
limited to, an executive committee as required by Article X.
J. To accept any and all donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose
thereof.
K. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve, or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and operation of
the Interstate Commission.
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O. To report
annually to the legislatures, governors, the judiciary, and state advisory
councils of the member states concerning the activities of the Interstate
Commission during the preceding year. Such reports shall also include any
recommendations that may have been adopted by the Interstate Commission.
P. To coordinate and provide
education, training, and public awareness regarding the interstate movement of
children for officials involved in such activity.
Q. To maintain books and
records in accordance with the bylaws of the Interstate Commission.
R. To perform such functions
as may be necessary or appropriate to achieve the purposes of this compact.
ARTICLE X. ORGANIZATION AND
OPERATION OF THE INTERSTATE COMMISSION
A. Bylaws
1. Within 12 months after
the first Interstate Commission meeting, the Interstate Commission shall adopt
bylaws to govern its conduct as may be necessary or appropriate to carry out
the purposes of the compact.
2. The Interstate
Commission's bylaws and rules shall establish conditions and procedures under
which the Interstate Commission shall make its information and official records
available to the public for inspection or copying. The Interstate Commission
may exempt from disclosure information or official records to the extent they
would adversely affect personal privacy rights or proprietary interests.
B. Meetings
1. The Interstate Commission
shall meet at least once each calendar year. The chairperson may call additional
meetings and, upon the request of a simple majority of the member states shall
call additional meetings.
2. Public notice shall be
given by the Interstate Commission of all meetings and all meetings shall be
open to the public, except as set forth in the rules or as otherwise provided
in the compact. The Interstate Commission and its committees may close a
meeting, or portion thereof, where it determines by two-thirds vote that an
open meeting would be likely to:
a. relate solely to the
Interstate Commission's internal personnel practices and procedures; or
b. disclose matters
specifically exempted from disclosure by federal law; or
c. disclose financial or
commercial information which is privileged, proprietary or confidential in
nature; or
d. involve accusing a person
of a crime, or formally censuring a person; or
e. disclose information of a
personal nature where disclosure would constitute a clearly unwarranted
invasion of personal privacy or physically endanger one or more persons; or
f. disclose investigative
records compiled for law enforcement purposes; or
g. specifically relate to
the Interstate Commission's participation in a civil action or other legal
proceeding.
3. For a meeting, or portion
of a meeting, closed pursuant to this provision, the Interstate Commission's
legal counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exemption provision. The Interstate Commission
shall keep minutes which shall fully and clearly describe all matters discussed
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in a meeting and
shall provide a full and accurate summary of actions taken, and the reasons
therefore, including a description of the views expressed and the record of a
roll call vote. All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release by a majority vote of the Interstate
Commission or by court order.
4. The bylaws may provide
for meetings of the Interstate Commission to be conducted by telecommunication
or other electronic communication.
C. Officers and Staff
1. The Interstate Commission
may, through its executive committee, appoint or retain a staff director for
such period, upon such terms and conditions and for such compensation as the
Interstate Commission may deem appropriate. The staff director shall serve as
secretary to the Interstate Commission, but shall not have a vote. The staff
director may hire and supervise such other staff as may be authorized by the
Interstate Commission.
2. The Interstate Commission
shall elect, from among its members, a chairperson and a vice chairperson of
the executive committee and other necessary officers, each of whom shall have
such authority and duties as may be specified in the bylaws.
D. Qualified Immunity,
Defense and Indemnification
1. The Interstate
Commission's staff director and its employees shall be immune from suit and
liability, either personally or in their official capacity, for a claim for
damage to or loss of property or personal injury or other civil liability
caused or arising out of or relating to an actual or alleged act, error, or
omission that occurred, or that such person had a reasonable basis for
believing occurred within the scope of Commission employment, duties, or
responsibilities; provided, that such person shall not be protected from suit
or liability for damage, loss, injury, or liability caused by a criminal act or
the intentional or willful and wanton misconduct of such person.
a. The liability of the
Interstate Commission's staff director and employees or Interstate Commission
representatives, acting within the scope of such person's employment or duties
for acts, errors, or omissions occurring within such person's state may not
exceed the limits of liability set forth under the Constitution and laws of
that state for state officials, employees, and agents. The Interstate
Commission is considered to be an instrumentality of the states for the
purposes of any such action. Nothing in this subsection shall be construed to
protect such person from suit or liability for damage, loss, injury, or
liability caused by a criminal act or the intentional or willful and wanton
misconduct of such person.
b. The Interstate Commission
shall defend the staff director and its employees and, subject to the approval
of the Attorney General or other appropriate legal counsel of the member state
shall defend the commissioner of a member state in a civil action seeking to
impose liability arising out of an actual or alleged act, error, or omission
that occurred within the scope of Interstate Commission employment, duties or
responsibilities, or that the defendant had a reasonable basis for believing
occurred within the scope of Interstate Commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on the part of
such person.
c. To the extent not covered
by the state involved, member state, or the Interstate Commission, the
representatives or employees of the Interstate Commission shall be held
harmless in the amount of a settlement or judgment, including attorney's fees
and costs, obtained against such persons arising out of an actual or alleged
act, error, or omission that occurred within the scope of Interstate Commission
employment, duties, or responsibilities, or that such persons had a reasonable
basis for believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such persons.
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ARTICLE XI.
RULEMAKING FUNCTIONS OF
THE INTERSTATE COMMISSION
A. The Interstate Commission
shall promulgate and publish rules in order to effectively and efficiently
achieve the purposes of the compact.
B. Rulemaking shall occur
pursuant to the criteria set forth in this article and the bylaws and rules
adopted pursuant thereto. Such rulemaking shall substantially conform to the principles
of the "Model State Administrative Procedures Act," 1981 Act, Uniform
Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure
acts as the Interstate Commission deems appropriate consistent with due process
requirements under the United States Constitution as now or hereafter
interpreted by the U. S. Supreme Court. All rules and amendments shall become
binding as of the date specified, as published with the final version of the
rule as approved by the Interstate Commission.
C. When promulgating a rule,
the Interstate Commission shall, at a minimum:
1. Publish the proposed
rule's entire text stating the reason(s) for that proposed rule; and
2. Allow and invite any and
all persons to submit written data, facts, opinions, and arguments, which
information shall be added to the record, and be made publicly available; and
3. Promulgate a final rule
and its effective date, if appropriate, based on input from state or local
officials, or interested parties.
D. Rules promulgated by the
Interstate Commission shall have the force and effect of administrative rules
and shall be binding in the compacting states to the extent and in the manner
provided for in this compact.
E. Not later than 60 days
after a rule is promulgated, an interested person may file a petition in the
U.S. District Court for the District of Columbia or in the Federal District
Court where the Interstate Commission's principal office is located for
judicial review of such rule. If the court finds that the Interstate Commission's
action is not supported by substantial evidence in the rulemaking record, the
court shall hold the rule unlawful and set it aside.
F. If a majority of the
legislatures of the member states rejects a rule, those states may by enactment
of a statute or resolution in the same manner used to adopt the compact cause
that such rule shall have no further force and effect in any member state.
G. The existing rules
governing the operation of the Interstate Compact on the Placement of Children
superseded by this act shall be null and void no less than 12, but no more than
24 months after the first meeting of the Interstate Commission created
hereunder, as determined by the members during the first meeting.
H. Within the first 12
months of operation, the Interstate Commission shall promulgate rules
addressing the following:
1. Transition rules
2. Forms and procedures
3. Time lines
4. Data collection and
reporting
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5. Rulemaking
6. Visitation
7. Progress reports/supervision
8. Sharing of information/confidentiality
9. Financing of the Interstate Commission
10. Mediation, arbitration, and dispute resolution
11. Education, training, and technical assistance
12. Enforcement
13. Coordination with other interstate compacts
I. Upon determination by a majority of the members of the Interstate
Commission that an emergency exists:
1. The Interstate Commission may promulgate an emergency rule only if
it is required to:
a. Protect the children covered by this compact from an imminent threat
to their health, safety, and well-being; or
b. Prevent loss of federal or state funds; or
c. Meet a deadline for the promulgation of an administrative rule
required by federal law.
2. An emergency rule shall become effective immediately upon adoption,
provided that the usual rulemaking procedures provided hereunder shall be
retroactively applied to said rule as soon as reasonably possible, but no later
than 90 days after the effective date of the emergency rule.
3. An emergency rule shall be promulgated as provided for in the rules
of the Interstate Commission.
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION,
ENFORCEMENT
A. Oversight
1. The Interstate Commission shall oversee the administration and
operation of the compact.
2. The executive, legislative, and judicial branches of state
government in each member state shall enforce this compact and the rules of the
Interstate Commission and shall take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The compact and its rules shall
be binding in the compacting states to the extent and in the manner provided
for in this compact.
3. All courts shall take judicial notice of the compact and the rules
in any judicial or administrative proceeding in a member state pertaining to
the subject matter of this compact.
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4. The
Interstate Commission shall be entitled to receive service of process in any
action in which the validity of a compact provision or rule is the issue for
which a judicial determination has been sought and shall have standing to
intervene in any proceedings. Failure to provide service of process to the
Interstate Commission shall render any judgment, order or other determination,
however so captioned or classified, void as to the Interstate Commission, this
compact, its bylaws, or rules of the Interstate Commission.
B. Dispute Resolution
1. The Interstate Commission shall attempt, upon the request of a
member state, to resolve disputes which are subject to the compact and which
may arise among member states and between member and nonmember states.
2. The Interstate Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes among compacting states.
The costs of such mediation or dispute resolution shall be the responsibility
of the parties to the dispute.
C. Enforcement
1. If the Interstate Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities under this
compact, its bylaws or rules, the Interstate Commission may:
a. Provide remedial training and specific technical assistance; or
b. Provide written notice to the defaulting state and other member
states, of the nature of the default and the means of curing the default. The
Interstate Commission shall specify the conditions by which the defaulting
state must cure its default; or
c. By majority vote of the members, initiate against a defaulting
member state legal action in the United State District Court for the District
of Columbia or, at the discretion of the Interstate Commission, in the federal
district where the Interstate Commission has its principal office, to enforce
compliance with the provisions of the compact, its bylaws, or rules. The relief
sought may include both injunctive relief and damages. In the event judicial
enforcement is necessary the prevailing party shall be awarded all costs of
such litigation including reasonable attorney's fees; or
d. Avail itself of any other remedies available under state law or the
regulation of official or professional conduct.
ARTICLE XIII. FINANCING OF THE COMMISSION
A. The Interstate Commission shall pay, or provide for the payment of
the reasonable expenses of its establishment, organization, and ongoing
activities.
B. The Interstate Commission may levy on and collect an annual
assessment from each member state to cover the cost of the operations and
activities of the Interstate Commission and its staff which must be in a total
amount sufficient to cover the Interstate Commission's annual budget as
approved by its members each year. The aggregate annual assessment amount shall
be allocated based upon a formula to be determined by the Interstate Commission
which shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor shall the Interstate
Commission pledge the credit of any of the member states, except by and with
the authority of the member state.
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D. The
Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission
shall be subject to the audit and accounting procedures established under its
bylaws. However, all receipts and disbursements of funds handled by the
Interstate Commission shall be audited yearly by a certified or licensed public
accountant and the report of the audit shall be included in and become part of
the annual report of the Interstate Commission.
ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE
AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative
enactment of the compact into law by no less than 35 states. The effective date
shall be the later of July 1, 2007 or upon enactment of the compact into law by
the 35th state. Thereafter it shall become effective and binding as to any
other member state upon enactment of the compact into law by that state. The
executive heads of the state human services administration with ultimate
responsibility for the child welfare program of nonmember states or their
designees shall be invited to participate in the activities of the Interstate
Commission on a non-voting basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the compact for
enactment by the member states. No amendment shall become effective and binding
on the member states unless and until it is enacted into law by unanimous
consent of the member states.
ARTICLE XV. WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force and remain
binding upon each and every member state; provided that a member state may
withdraw from the compact specifically repealing the statute which enacted the
compact into law.
2. Withdrawal from this compact shall be by the enactment of a statute
repealing the same. The effective date of withdrawal shall be the effective
date of the repeal of the statute.
3. The withdrawing state shall immediately notify the president of the
Interstate Commission in writing upon the introduction of legislation repealing
this compact in the withdrawing state. The Interstate Commission shall then
notify the other member states of the withdrawing state's intent to withdraw.
4. The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall occur
upon the withdrawing state reenacting the compact or upon such later date as
determined by the members of the Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of the
withdrawal or default of the member state which reduces the membership in the
compact to one member state.
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2. Upon the
dissolution of this compact, the compact becomes null and void and shall be of
no further force or effect, and the business and affairs of the Interstate
Commission shall be concluded and surplus funds shall be distributed in
accordance with the bylaws.
ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any
phrase, clause, sentence, or provision is deemed unenforceable, the remaining
provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to
effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the
concurrent applicability of other interstate compacts to which the states are
members.
ARTICLE XVII. BINDING EFFECT OF COMPACT
AND OTHER LAWS
A. Other Laws
1. Nothing herein prevents the enforcement of any other law of a member
state that is not inconsistent with this compact.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including all rules
and bylaws promulgated by the Interstate Commission, are binding upon the
member states.
2. All agreements between the Interstate Commission and the member
states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any member state, such
provision shall be ineffective to the extent of the conflict with the
constitutional provision in question in that member state.
ARTICLE XVIII. INDIAN TRIBES
Notwithstanding any other provision in this compact, the Interstate
Commission may promulgate guidelines to permit Indian tribes to utilize the
compact to achieve any or all of the purposes of the compact as specified in
Article I. The Interstate Commission shall make reasonable efforts to consult
with Indian tribes in promulgating guidelines to reflect the diverse
circumstances of the various Indian tribes.
EFFECTIVE DATE. This section is
effective upon legislative enactment of the compact into law by no less than 35
states. The commissioner of human services shall inform the Revisor of Statutes
when this occurs.
Sec. 24. Minnesota Statutes 2006, section 260C.001, subdivision 2, is
amended to read:
Subd. 2. Child in need of
protection services. (a) The paramount consideration in all
proceedings concerning a child alleged or found to be in need of protection or
services is the health, safety, and best interests of the child. In proceedings
involving an American Indian child, as defined in section 260.755, subdivision
8, the best interests of the child must be determined consistent with sections
260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title
25, sections 1901 to 1923.
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(b) The purpose of the laws
relating to juvenile courts is:
(1)
to secure for each child alleged or adjudicated in need of protection or
services and under the jurisdiction of the court, the care and guidance, preferably
in the child's own home, as will best serve the spiritual, emotional, mental,
and physical welfare of the child;
(2)
to provide judicial procedures which protect the welfare of the child;
(3)
to preserve and strengthen the child's family ties whenever possible and in the
child's best interests, removing the child from the custody of parents only
when the child's welfare or safety cannot be adequately safeguarded without
removal;
(4) to ensure that when removal from the child's own family is necessary
and in the child's best interests, the responsible social services agency has
legal responsibility for the child removal either:
(i) pursuant to a voluntary placement agreement between the child's
parent or guardian and the responsible social services agency; or
(ii) by court order pursuant to section 260C.151, subdivision 6;
206C.178; or 260C.201;
(5) to ensure that, when placement is pursuant to court order, the
court order removing the child or continuing the child in foster care contains an
individualized determination that placement is in the best interests of the
child that coincides with the actual removal of the child; and, when removal from
the child's own family is necessary and in the child's best interests,
(6)
to secure for ensure that when the child is removed, the child
custody, child's care and discipline is, as nearly as
possible, equivalent to that which should have been given by the parents.
and is either in:
(i) the home of a noncustodial parent pursuant to section 260C.178 or
260C.201, subdivision 1, paragraph (a), clause (1);
(ii) the home of a relative pursuant to emergency placement by the
responsible social services agency under chapter 245A; or
(iii) a foster home licensed under chapter 245A.
Sec. 25. Minnesota Statutes 2006, section 260C.007, subdivision 5, is
amended to read:
Subd. 5. Child abuse.
"Child abuse" means an act that involves a minor victim and
that constitutes a violation of section 609.221, 609.222, 609.223, 609.224,
609.2242, 609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377,
609.378, 617.246, or that is physical or sexual abuse as defined in section
626.556, subdivision 2, 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.
Sec. 26. Minnesota Statutes 2006, section 260C.007, subdivision 6, is
amended to read:
Subd. 6. Child in need of
protection or services. "Child in need of protection or services"
means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
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(2)(i) has been a
victim of physical or sexual abuse as defined in section 626.556,
subdivision 2, (ii) resides with or has resided with a victim of child
abuse as defined in subdivision 5 or domestic child abuse as defined in
subdivision 5 13, (iii) resides with or would reside with a
perpetrator of domestic child abuse as defined in subdivision 13 or
child abuse as defined in subdivision 5, or (iv) is a victim of emotional
maltreatment as defined in subdivision 8;
(3) is without necessary food, clothing, shelter, education, or other required
care for the child's physical or mental health or morals because the child's
parent, guardian, or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental,
or emotional condition because the child's parent, guardian, or custodian is
unable or unwilling to provide that care, including a child in voluntary
placement due solely to the child's developmental disability or emotional
disturbance;
(5) is medically neglected, which includes, but is not limited to, the
withholding of medically indicated treatment from a disabled infant with a
life-threatening condition. The term "withholding of medically indicated
treatment" means the failure to respond to the infant's life-threatening
conditions by providing treatment, including appropriate nutrition, hydration,
and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or
correcting all conditions, except that the term does not include the failure to
provide treatment other than appropriate nutrition, hydration, or medication to
an infant when, in the treating physician's or physicians' reasonable medical
judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be
effective in ameliorating or correcting all of the infant's life-threatening
conditions, or otherwise be futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms
of the survival of the infant and the treatment itself under the circumstances
would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause
desires to be relieved of the child's care and custody, including a child in
placement according to who entered foster care under a voluntary release
by placement agreement between the parent and the responsible
social services agency under section 260C.212, subdivision 8;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental,
or physical disability, or state of immaturity of the child's parent, guardian,
or other custodian;
(9) is one whose behavior, condition, or environment is such as to be
injurious or dangerous to the child or others. An injurious or dangerous
environment may include, but is not limited to, the exposure of a child to
criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure
to thrive, that have been diagnosed by a physician and are due to parental
neglect;
(11) has engaged in prostitution as defined in section 609.321,
subdivision 9;
(12) has committed a delinquent act or a juvenile petty offense before
becoming ten years old;
(13) is a runaway;
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(14) is a habitual
truant; or
(15) has been found incompetent to proceed or has been found not guilty
by reason of mental illness or mental deficiency in connection with a
delinquency proceeding, a certification under section 260B.125, an extended
jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty
offense.
Sec. 27. Minnesota Statutes 2006, section 260C.007, subdivision 13, is
amended to read:
Subd. 13. Domestic child abuse.
"Domestic child abuse" means:
(1) any physical injury to a minor family or household member inflicted
by an adult family or household member other than by accidental means; or
(2) subjection of a minor family or household member by an adult family
or household member to any act which constitutes a violation of sections
609.321 to 609.324, 609.342, 609.343, 609.344, 609.345, or 617.246.;
or
(3) physical or sexual abuse as defined in section 626.556, subdivision
2.
Sec. 28. Minnesota Statutes 2006, section 260C.101, subdivision 2, is
amended to read:
Subd. 2. Jurisdiction over other
matters relating to children. Except as provided in clause (d), the
juvenile court has original and exclusive jurisdiction in proceedings
concerning:
(a) The termination of parental rights to a child in accordance with
the provisions of sections 260C.301 to 260C.328.
(b) The appointment and removal of a juvenile court guardian for a
child, where parental rights have been terminated under the provisions of
sections 260C.301 to 260C.328.
(c) Judicial consent to the marriage of a child when required by law.
(d) The juvenile court in those counties in which the judge of the
probate-juvenile court has been admitted to the practice of law in this state
shall proceed under the laws relating to adoptions in all adoption matters. In
those counties in which the judge of the probate-juvenile court has not been
admitted to the practice of law in this state the district court shall proceed
under the laws relating to adoptions in all adoption matters.
(e) The review of the foster care status placement of a
child who has been placed is in a residential facility, as
defined in section 260C.212, subdivision 1, foster care pursuant to
a voluntary release by placement agreement between the child's
parent or parents and the responsible social services agency under section
260C.212, subdivision 8.
(f) The review of voluntary foster care placement of a child for
treatment under chapter 260D according to the review requirements of that
chapter.
Sec. 29. Minnesota Statutes 2006, section 260C.141, subdivision 2, is
amended to read:
Subd. 2. Review of foster care
status. Except for a child in foster care due solely to the child's
developmental disability or emotional disturbance, When a child continues
in voluntary placement foster care according to section 260C.212,
subdivision 8, a petition shall be filed alleging the child to be in need of
protection or services or seeking termination of parental rights or other
permanent placement of the child away from the parent within 90 days of the
date of the voluntary placement agreement. The petition shall state the reasons
why the child is in placement foster care, the progress on the
out-of-home placement plan required under section 260C.212, subdivision 1, and
the statutory basis for the petition under section 260C.007, subdivision 6,
260C.201, subdivision 11, or 260C.301.
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(1) In the case of
a petition alleging the child to be in need of protection or services filed
under this paragraph, if all parties agree and the court finds it is in the
best interests of the child, the court may find the petition states a prima
facie case that:
(i) the child's needs are being met;
(ii) the placement of the child in foster care is in the best interests
of the child;
(iii) reasonable efforts to reunify the child and the parent or
guardian are being made; and
(iv) the child will be returned home in the next three months.
(2) If the court makes findings under paragraph (1), the court shall approve
the voluntary arrangement and continue the matter for up to three more months
to ensure the child returns to the parents' home. The responsible social
services agency shall:
(i) report to the court when the child returns home and the progress
made by the parent on the out-of-home placement plan required under section
260C.212, in which case the court shall dismiss jurisdiction;
(ii) report to the court that the child has not returned home, in which
case the matter shall be returned to the court for further proceedings under
section 260C.163; or
(iii) if any party does not agree to continue the matter under this
paragraph and paragraph (1), the matter shall proceed under section 260C.163.
Sec. 30. Minnesota Statutes 2007 Supplement, section 260C.163,
subdivision 1, is amended to read:
Subdivision 1. General. (a)
Except for hearings arising under section 260C.425, hearings on any matter
shall be without a jury and may be conducted in an informal manner. In all
adjudicatory proceedings involving a child alleged to be in need of protection
or services, the court shall admit only evidence that would be admissible in a
civil trial. To be proved at trial, allegations of a petition alleging a child
to be in need of protection or services must be proved by clear and convincing
evidence.
(b) Except for proceedings involving a child alleged to be in need of
protection or services and petitions for the termination of parental rights,
hearings may be continued or adjourned from time to time. In proceedings involving
a child alleged to be in need of protection or services and petitions for the
termination of parental rights, hearings may not be continued or adjourned for
more than one week unless the court makes specific findings that the
continuance or adjournment is in the best interests of the child. If a hearing
is held on a petition involving physical or sexual abuse of a child who is
alleged to be in need of protection or services or neglected and in foster
care, the court shall file the decision with the court administrator as soon as
possible but no later than 15 days after the matter is submitted to the court.
When a continuance or adjournment is ordered in any proceeding, the court may
make any interim orders as it deems in the best interests of the minor in
accordance with the provisions of sections 260C.001 to 260C.421.
(c) Except as otherwise provided in this paragraph, the court shall
exclude the general public from hearings under this chapter and shall admit
only those persons who, in the discretion of the court, have a direct interest
in the case or in the work of the court. Absent exceptional
circumstances, hearings under this chapter are presumed to be accessible to the
public, however the court may close any hearing and the records related to any
matter as provided in the Minnesota Rules of Juvenile Protection Procedure.
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(d) Adoption
hearings shall be conducted in accordance with the provisions of laws relating
to adoptions.
(e) In any permanency
hearing, including the transition of a child from foster care to independent
living, the court shall ensure that any consult with the child is in an
age-appropriate manner.
Sec. 31. Minnesota Statutes 2006,
section 260C.171, subdivision 2, is amended to read:
Subd. 2. Public inspection of records. (a) The following
records from proceedings or portions of proceedings involving a child in need
of protection or services that, permanency, or termination of
parental rights are open accessible to the public as
authorized by Supreme Court order and court rules are accessible to the
public unless the court determines that access should be restricted because of
the intensely personal nature of the information: the Minnesota Rules of
Juvenile Protection Procedure.
(1) the summons and
petition;
(2) affidavits of
publication and service;
(3) certificates of
representation;
(4) court orders;
(5) hearing and trial
notices, witness lists, and subpoenas;
(6) motions and legal
memoranda;
(7) exhibits introduced at
hearings or trial that are not inaccessible under paragraph (b);
(8) birth records; and
(9) all other documents not
listed as inaccessible to the public under paragraph (b).
(b) The following records are
not accessible to the public under paragraph (a):
(1) written, audiotaped, or
videotaped information from the social services agency, except to the extent
the information appears in the petition, court orders, or other documents that
are accessible under paragraph (a);
(2) child protection intake
or screening notes;
(3) documents identifying
reporters of maltreatment, unless the names and other identifying information
are redacted;
(4) guardian ad litem
reports;
(5) victim statements and
addresses and telephone numbers;
(6) documents identifying
nonparty witnesses under the age of 18, unless the names and other identifying
information are redacted;
(7) transcripts of testimony
taken during closed hearing;
(8) fingerprinting
materials;
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(9)
psychological, psychiatric, and chemical dependency evaluations;
(10) presentence evaluations of juveniles and probation reports;
(11) medical records and test results;
(12) reports issued by sexual predator programs;
(13) diversion records of juveniles;
(14) any document which the court, upon its own motion or upon motion of
a party, orders inaccessible to serve the best interests of the child; and
(15) any other records that are not accessible to the public under
rules developed by the courts.
In addition, records that are accessible to the public under paragraph
(a) become inaccessible to the public if one year has elapsed since either the
proceeding was dismissed or the court's jurisdiction over the matter was
terminated.
(c) Except as otherwise provided by this section, none of the records
of the juvenile court and (b) None of the records relating to an appeal from a nonpublic
juvenile court proceeding, except the written appellate opinion, shall be open
to public inspection or their contents disclosed except by order of a court.
(d)
(c) The
records of juvenile probation officers are records of the court for the
purposes of this subdivision. This subdivision applies to all proceedings under
this chapter, including appeals from orders of the juvenile court. The court
shall maintain the confidentiality of adoption files and records in accordance
with the provisions of laws relating to adoptions. In juvenile court
proceedings any report or social history furnished to the court shall be open
to inspection by the attorneys of record and the guardian ad litem a reasonable
time before it is used in connection with any proceeding before the court.
(e) When a judge of a juvenile court, or duly authorized agent of the
court, determines under a proceeding under this chapter that a child has
violated a state or local law, ordinance, or regulation pertaining to the
operation of a motor vehicle on streets and highways, except parking
violations, the judge or agent shall immediately report the violation to the
commissioner of public safety. The report must be made on a form provided by
the Department of Public Safety and must contain the information required under
section 169.95.
Sec. 32. Minnesota Statutes 2006, section 260C.178, subdivision 1, is
amended to read:
Subdivision 1. Hearing and
release requirements. (a) If a child was taken into custody under section
260C.175, subdivision 1, clause (a) or (b)(2), the court shall hold a hearing
within 72 hours of the time the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continue
in custody.
(b) Unless there is reason to believe that the child would endanger
self or others, not return for a court hearing, run away from the child's
parent, guardian, or custodian or otherwise not remain in the care or control
of the person to whose lawful custody the child is released, or that the
child's health or welfare would be immediately endangered, the child shall be
released to the custody of a parent, guardian, custodian, or other suitable
person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided
in section 260C.157, subdivision 1.
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(c) If the court determines there
is reason to believe that the child would endanger self or others; not return
for a court hearing; run away from the child's parent, guardian, or custodian
or otherwise not remain in the care or control of the person to whose lawful
custody the child is released; or that the child's health or welfare would be
immediately endangered if returned to the care of the parent or guardian who
has custody and from whom the child was removed, the court shall order the
child into foster care under the legal responsibility of the responsible
social services agency or responsible probation or corrections agency for the
purposes of protective care as that term is used in the juvenile court rules.
or into the home of a noncustodial parent and order the noncustodial parent
to comply with any conditions the court determines to be appropriate to the
safety and care of the child, including cooperating with paternity
establishment proceedings in the case of a man who has not been adjudicated the
child's father. The court shall not give the responsible social services legal
custody and order a trial home visit at any time prior to adjudication and
disposition under section 260C.201, subdivision 1, paragraph (a), clause (3),
but may order the child returned to the care of the parent or guardian who has
custody and from whom the child was removed and order the parent or guardian to
comply with any conditions the court determines to be appropriate to meet the
safety, health, and welfare of the child.
(d) In
determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a
perpetrator of domestic child abuse.
(c)
(e) The
court, before determining whether a child should be placed in or continue in foster
care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts
were made to prevent placement or whether reasonable efforts to prevent
placement are not required. In the case of an Indian child, the court shall
determine whether active efforts, according to the Indian Child Welfare Act of
1978, United States Code, title 25, section 1912(d), were made to prevent
placement. The court shall enter a finding that the responsible social services
agency has made reasonable efforts to prevent placement when the agency
establishes either:
(1) that it has actually provided services or made efforts in an
attempt to prevent the child's removal but that such services or efforts have
not proven sufficient to permit the child to safely remain in the home; or
(2) that there are no services or other efforts that could be made at
the time of the hearing that could safely permit the child to remain home or to
return home. When reasonable efforts to prevent placement are required and
there are services or other efforts that could be ordered which would permit
the child to safely return home, the court shall order the child returned to
the care of the parent or guardian and the services or efforts put in place to
ensure the child's safety. When the court makes a prima facie determination
that one of the circumstances under paragraph (e) (g) exists, the
court shall determine that reasonable efforts to prevent placement and to
return the child to the care of the parent or guardian are not required.
If the court finds the social services agency's preventive or
reunification efforts have not been reasonable but further preventive or
reunification efforts could not permit the child to safely remain at home, the
court may nevertheless authorize or continue the removal of the child.
(d)
(f) The
court may not order or continue the foster care placement of the child unless
the court makes explicit, individualized findings that continued custody of the
child by the parent or guardian would be contrary to the welfare of the child
and that placement is in the best interest of the child.
(e)
(g) At the
emergency removal hearing, or at any time during the course of the proceeding,
and upon notice and request of the county attorney, the court shall determine
whether a petition has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in
section 260C.007, subdivision 14;
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(2) the parental
rights of the parent to another child have been involuntarily terminated;
(3) the child is an
abandoned infant under section 260C.301, subdivision 2, paragraph (a), clause
(2);
(4) the parents' custodial
rights to another child have been involuntarily transferred to a relative under
section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar law
of another jurisdiction; or
(5) the provision of
services or further services for the purpose of reunification is futile and
therefore unreasonable.
(f) (h) When a petition to
terminate parental rights is required under section 260C.301, subdivision 3 or
4, but the county attorney has determined not to proceed with a termination of
parental rights petition, and has instead filed a petition to transfer
permanent legal and physical custody to a relative under section 260C.201,
subdivision 11, the court shall schedule a permanency hearing within 30 days of
the filing of the petition.
(g) (i) If the county attorney has
filed a petition under section 260C.307, the court shall schedule a trial under
section 260C.163 within 90 days of the filing of the petition except when the
county attorney determines that the criminal case shall proceed to trial first
under section 260C.201, subdivision 3.
(h) (j) If the court determines the
child should be ordered into foster care and the child's parent refuses to give
information to the responsible social services agency regarding the child's
father or relatives of the child, the court may order the parent to disclose
the names, addresses, telephone numbers, and other identifying information to
the responsible social services agency for the purpose of complying with the
requirements of sections 260C.151, 260C.212, and 260C.215.
(i) (k) If a child ordered into
foster care has siblings, whether full, half, or step, who are also ordered
into foster care, the court shall inquire of the responsible social services
agency of the efforts to place the children together as required by section
260C.212, subdivision 2, paragraph (d), if placement together is in each
child's best interests, unless a child is in placement due solely to the
child's own behavior or a child is placed with a previously noncustodial parent
who is not parent to all siblings. If the children are not placed together at
the time of the hearing, the court shall inquire at each subsequent hearing of
the agency's efforts to place the siblings together. If any sibling is not placed
with another sibling or siblings, the agency must develop a plan for visitation
among the siblings as required under section 260C.212, subdivision 1.
Sec. 33. Minnesota Statutes
2006, section 260C.205, is amended to read:
260C.205 DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS FOR
TREATMENT.
Unless the court disposes of
the petition under section 260C.141, subdivision 2, Upon a petition for
review of the foster care status of a by a parent or guardian under
section 260C.141, subdivision 1, regarding a child in voluntary foster
care for treatment under chapter 260D, the court may:
(a) find that the child's needs
are not being met, in which case the court shall order the social services
agency or the parents to take whatever action is necessary and feasible to meet
the child's needs, including, when appropriate, the provision by the social
services agency of services to the parents which would enable the child to live
at home, and order a disposition under section 260C.201.
(b) Find that the child has
been abandoned by parents financially or emotionally, or that the
developmentally disabled child does not require out-of-home care because of the
disabling condition, in which case the court shall order the social services
agency to file an appropriate petition pursuant to section 260C.141,
subdivision 1, or 260C.307.
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(c) When a child
is in placement due solely to the child's developmental disability or emotional
disturbance and the court finds that there are compelling reasons which permit
the court to approve the continued voluntary placement of the child and retain
jurisdiction to conduct reviews as required under section 260C.141, subdivision
2, the court shall give the parent notice by registered United States mail of
the review requirements of section 260C.141, subdivision 2, in the event the
child continues in placement 12 months or longer.
Nothing in this section
shall be construed to prohibit bringing a petition pursuant to section
260C.141, subdivision 1 or 4, sooner than required by court order pursuant to
this section.
Sec. 34. Minnesota Statutes
2007 Supplement, section 260C.209, subdivision 1, is amended to read:
Subdivision 1. Subjects. The responsible social
services agency must initiate a background study to be completed by the
commissioner under chapter 245C may have access to the criminal history
and history of child and adult maltreatment on the following individuals:
(1) a noncustodial parent or
nonadjudicated parent who is being assessed for purposes of providing
day-to-day care of a child temporarily or permanently under section 260C.212,
subdivision 4, and any member of the parent's household who is over the age of
13 when there is a reasonable cause to believe that the parent or household
member over age 13 has a criminal history or a history of maltreatment of a
child or vulnerable adult which would endanger the child's health, safety, or
welfare;
(2) an individual whose
suitability for relative placement under section 260C.212, subdivision 5, is
being determined and any member of the relative's household who is over the age
of 13 when:
(i) the relative must be
licensed for foster care; or
(ii) the background study is
required under section 259.53, subdivision 2; or
(iii) the agency or the
commissioner has reasonable cause to believe the relative or household member
over the age of 13 has a criminal history which would not make transfer of
permanent legal and physical custody to the relative under section 260C.201,
subdivision 11, in the child's best interest; and
(3) a parent, following an
out-of-home placement, when the responsible social services agency has
reasonable cause to believe that the parent has been convicted of a crime
directly related to the parent's capacity to maintain the child's health,
safety, or welfare or the parent is the subject of an open investigation of, or
has been the subject of a substantiated allegation of, child or
vulnerable-adult maltreatment within the past ten years.
"Reasonable cause"
means that the agency has received information or a report from the subject or
a third person that creates an articulable suspicion that the individual has a
history that may pose a risk to the health, safety, or welfare of the child.
The information or report must be specific to the potential subject of the
background check and shall not be based on the race, religion, ethnic
background, age, class, or lifestyle of the potential subject.
Sec. 35. Minnesota Statutes
2007 Supplement, section 260C.209, subdivision 2, is amended to read:
Subd. 2. General procedures. (a) When initiating
a background check accessing information under subdivision 1, the
agency shall require the individual being assessed to provide sufficient
information to ensure an accurate assessment under this section, including:
(1) the individual's first,
middle, and last name and all other names by which the individual has been
known;
(2) home address, zip code,
city, county, and state of residence for the past five years;
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(3) sex;
(4) date of birth; and
(5) driver's license number or state identification number.
(b) When notified by the commissioner or the responsible social
services agency that it is conducting an assessment under this section accessing
information under subdivision 1, the Bureau of Criminal Apprehension,
commissioners of health and human services, law enforcement, and county
agencies must provide the commissioner or the responsible social
services agency or county attorney with the following information on the
individual being assessed: criminal history data, local law enforcement data
about the household, reports about the maltreatment of adults substantiated
under section 626.557, and reports of maltreatment of minors substantiated
under section 626.556.
Sec. 36. Minnesota Statutes 2007 Supplement, section 260C.209, is
amended by adding a subdivision to read:
Subd. 5. Assessment for emergency
relative placement. The responsible social services agency may
obtain household members' criminal history and the history of maltreatment of a
child or adult and use the history to assess whether putting the child in the
household would endanger the child's health, safety, or welfare and to assess
the suitability of a relative prior to an emergency placement. This assessment
does not substitute for the background study required under chapter 245C and
does not supersede requirements related to emergency placement under section
245A.035.
Sec. 37. Minnesota Statutes 2007 Supplement, section 260C.212,
subdivision 1, is amended to read:
Subdivision 1. Out-of-home
placement; plan. (a) An out-of-home placement plan shall be prepared within
30 days after any child is placed in a residential facility foster
care by court order or by the a voluntary release of the
child by placement agreement between the responsible social services
agency and the child's parent or parents pursuant to
subdivision 8 or chapter 260D.
For purposes of this section, a residential facility means any group
home, family foster home or other publicly supported out-of-home residential
facility, including any out-of-home residential facility under contract with
the state, county or other political subdivision, or any agency thereof, to
provide those services or foster care as defined in section 260C.007,
subdivision 18.
(b) An out-of-home placement plan means a written document which is
prepared by the responsible social services agency jointly with the parent or
parents or guardian of the child and in consultation with the child's guardian
ad litem, the child's tribe, if the child is an Indian child, the child's
foster parent or representative of the residential facility, and, where appropriate,
the child. For a child in placement due solely or in part to the child's
emotional disturbance voluntary foster care for treatment under chapter
260D, preparation of the out-of-home placement plan shall additionally
include the child's mental health treatment provider. As appropriate, the plan
shall be:
(1) submitted to the court for approval under section 260C.178,
subdivision 7;
(2) ordered by the court, either as presented or modified after
hearing, under section 260C.178, subdivision 7, or 260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the
child's guardian ad litem, a representative of the child's tribe, the
responsible social services agency, and, if possible, the child.
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(c) The out-of-home
placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set
forth:
(1) a description of the
residential facility including how the out-of-home placement plan is designed
to achieve a safe placement for the child in the least restrictive, most
family-like, setting available which is in close proximity to the home of the
parent or parents or guardian of the child when the case plan goal is
reunification, and how the placement is consistent with the best interests and
special needs of the child according to the factors under subdivision 2,
paragraph (b);
(2) the specific reasons for
the placement of the child in a residential facility, and when reunification is
the plan, a description of the problems or conditions in the home of the parent
or parents which necessitated removal of the child from home and the changes
the parent or parents must make in order for the child to safely return home;
(3) a description of the
services offered and provided to prevent removal of the child from the home and
to reunify the family including:
(i) the specific actions to
be taken by the parent or parents of the child to eliminate or correct the
problems or conditions identified in clause (2), and the time period during
which the actions are to be taken; and
(ii) the reasonable efforts,
or in the case of an Indian child, active efforts to be made to achieve a safe
and stable home for the child including social and other supportive services to
be provided or offered to the parent or parents or guardian of the child, the
child, and the residential facility during the period the child is in the
residential facility;
(4) a description of any
services or resources that were requested by the child or the child's parent,
guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were
provided and if not, the basis for the denial of the services or resources;
(5) the visitation plan for
the parent or parents or guardian, other relatives as defined in section
260C.007, subdivision 27, and siblings of the child if the siblings are not placed
together in the residential facility foster care, and whether
visitation is consistent with the best interest of the child, during the period
the child is in the residential facility foster care;
(6) documentation of steps
to finalize the adoption or legal guardianship of the child if the court has
issued an order terminating the rights of both parents of the child or of the
only known, living parent of the child. At a minimum, the documentation must
include child-specific recruitment efforts such as relative search and the use
of state, regional, and national adoption exchanges to facilitate orderly and
timely placements in and outside of the state. A copy of this documentation
shall be provided to the court in the review required under section 260C.317,
subdivision 3, paragraph (b);
(7) the health and
educational records of the child including the most recent information
available regarding:
(i) the names and addresses
of the child's health and educational providers;
(ii) the child's grade level
performance;
(iii) the child's school
record;
(iv) assurances that the
child's placement in foster care takes into account proximity to the school in
which the child is enrolled at the time of placement;
(v) a record of the child's
immunizations;
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(vi) the child's
known medical problems, including any known communicable diseases, as defined
in section 144.4172, subdivision 2;
(vii) the child's medications;
and
(viii) any other relevant
health and education information;
(8) an independent living
plan for a child age 16 or older who is in placement as a result of a
permanency disposition. The plan should include, but not be limited to, the
following objectives:
(i) educational, vocational,
or employment planning;
(ii) health care planning
and medical coverage;
(iii) transportation
including, where appropriate, assisting the child in obtaining a driver's
license;
(iv) money management;
(v) planning for housing;
(vi) social and recreational
skills; and
(vii) establishing and
maintaining connections with the child's family and community; and
(9) for a child in placement
due solely or in part to the child's emotional disturbance voluntary
foster care for treatment under chapter 260D, diagnostic and assessment
information, specific services relating to meeting the mental health care needs
of the child, and treatment outcomes.
(d) The parent or parents or
guardian and the child each shall have the right to legal counsel in the
preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad
litem. If unable to employ counsel from their own resources, the court shall
appoint counsel upon the request of the parent or parents or the child or the
child's legal guardian. The parent or parents may also receive assistance from
any person or social services agency in preparation of the case plan.
After the plan has been
agreed upon by the parties involved or approved or ordered by the court, the
foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.
Upon discharge from foster
care, the parent, adoptive parent, or permanent legal and physical custodian,
as appropriate, and the child, if appropriate, must be provided with a current
copy of the child's health and education record.
Sec. 38. Minnesota Statutes
2007 Supplement, section 260C.212, subdivision 4, is amended to read:
Subd. 4. Responsible social service agency's duties
for children in placement. (a) When a child is in placement foster
care, the responsible social services agency shall make diligent efforts to
identify, locate, and, where appropriate, offer services to both parents of the
child.
(1) The responsible social
services agency shall assess whether a noncustodial or nonadjudicated parent is
willing and capable of providing for the day-to-day care of the child
temporarily or permanently. An assessment under this clause may include, but is
not limited to, obtaining information under section 260C.209. If after
assessment, the responsible social services agency determines that a
noncustodial or nonadjudicated parent is willing
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and capable of
providing day-to-day care of the child, the responsible social services agency
may seek authority from the custodial parent or the court to have that parent
assume day-to-day care of the child. If a parent is not an adjudicated parent,
the responsible social services agency shall require the nonadjudicated parent
to cooperate with paternity establishment procedures as part of the case plan.
(2) If, after assessment,
the responsible social services agency determines that the child cannot be in
the day-to-day care of either parent, the agency shall:
(i) prepare an out-of-home
placement plan addressing the conditions that each parent must meet before the
child can be in that parent's day-to-day care; and
(ii) provide a parent who is
the subject of a background study under section 260C.209 15 days' notice that
it intends to use the study to recommend against putting the child with that
parent, as well as the notice provided in section 260C.209, subdivision 4, and
the court shall afford the parent an opportunity to be heard concerning the
study.
The results of a background
study of a noncustodial parent shall not be used by the agency to determine
that the parent is incapable of providing day-to-day care of the child unless
the agency reasonably believes that placement of the child into the home of
that parent would endanger the child's health, safety, or welfare.
(3) If, after the provision
of services following an out-of-home placement plan under this section, the
child cannot return to the care of the parent from whom the child was removed
or who had legal custody at the time the child was placed in foster care, the agency
may petition on behalf of a noncustodial parent to establish legal custody with
that parent under section 260C.201, subdivision 11. If paternity has not
already been established, it may be established in the same proceeding in the
manner provided for under chapter 257.
(4) The responsible social
services agency may be relieved of the requirement to locate and offer services
to both parents by the juvenile court upon a finding of good cause after the
filing of a petition under section 260C.141.
(b) The responsible social
services agency shall give notice to the parent or parents or guardian
of each child in a residential facility foster care, other than a
child in placement due solely to that child's developmental disability or
emotional disturbance voluntary foster care for treatment under chapter
260D, of the following information:
(1) that residential care
of the child child's placement in foster care may result in
termination of parental rights or an order permanently placing the child out of
the custody of the parent, but only after notice and a hearing as required
under chapter 260C and the juvenile court rules;
(2) time limits on the
length of placement and of reunification services, including the date on which
the child is expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise permanently removed
from the care of the parent by court order;
(3) the nature of the
services available to the parent;
(4) the consequences to the
parent and the child if the parent fails or is unable to use services to
correct the circumstances that led to the child's placement;
(5) the first consideration
for placement with relatives;
(6) the benefit to the child
in getting the child out of residential foster care as soon as
possible, preferably by returning the child home, but if that is not possible,
through a permanent legal placement of the child away from the parent;
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(7) when safe for
the child, the benefits to the child and the parent of maintaining visitation
with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and
(8) the financial responsibilities and obligations, if any, of the
parent or parents for the support of the child during the period the child is
in the residential facility foster care.
(c) The responsible social services agency shall inform a parent
considering voluntary placement of a child who is not developmentally
disabled or emotionally disturbed under subdivision 8, of the
following information:
(1) the parent and the child each has a right to separate legal counsel
before signing a voluntary placement agreement, but not to counsel appointed at
public expense;
(2) the parent is not required to agree to the voluntary placement, and
a parent who enters a voluntary placement agreement may at any time request
that the agency return the child. If the parent so requests, the child must be
returned within 24 hours of the receipt of the request;
(3) evidence gathered during the time the child is voluntarily placed
may be used at a later time as the basis for a petition alleging that the child
is in need of protection or services or as the basis for a petition seeking
termination of parental rights or other permanent placement of the child away
from the parent;
(4) if the responsible social services agency files a petition alleging
that the child is in need of protection or services or a petition seeking the
termination of parental rights or other permanent placement of the child away
from the parent, the parent would have the right to appointment of separate
legal counsel and the child would have a right to the appointment of counsel
and a guardian ad litem as provided by law, and that counsel will be appointed
at public expense if they are unable to afford counsel; and
(5) the timelines and procedures for review of voluntary placements
under subdivision 3, and the effect the time spent in voluntary placement on
the scheduling of a permanent placement determination hearing under section
260C.201, subdivision 11.
(d) When an agency accepts a child for placement, the agency shall
determine whether the child has had a physical examination by or under the
direction of a licensed physician within the 12 months immediately preceding
the date when the child came into the agency's care. If there is documentation
that the child has had an examination within the last 12 months, the agency is
responsible for seeing that the child has another physical examination within
one year of the documented examination and annually in subsequent years. If the
agency determines that the child has not had a physical examination within the
12 months immediately preceding placement, the agency shall ensure that the
child has an examination within 30 days of coming into the agency's care and
once a year in subsequent years.
(e) Whether under state guardianship or not, if a child leaves
foster care by reason of having attained the age of majority under state law,
the child must be given at no cost a copy of the child's health social
and medical history, as defined in section 259.43, and education report.
Sec. 39. Minnesota Statutes 2006, section 260C.212, is amended by
adding a subdivision to read:
Subd. 4a. Monthly caseworker visits
with children in foster care. (a) Every child in foster care or on a
trial home visit shall be visited by the child's caseworker on a monthly basis,
with the majority of visits occurring in the child's residence. For the
purposes of this section, the following definitions apply:
(1) "visit" is defined as a face-to-face contact between a
child and the child's caseworker;
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(2)
"visited on a monthly basis" is defined as at least one visit per
calendar month;
(3) "the child's caseworker" is defined as the person who has
responsibility for managing the child's foster care placement case as assigned by
the responsible social service agency; and
(4) "the child's residence" is defined as the home where the
child is residing, and can include the foster home, child care institution, or
the home from which the child was removed if the child is on a trial home
visit.
(b) Caseworker visits shall be of sufficient substance and duration to
address issues pertinent to case planning and service delivery to ensure the
safety, permanency, and well-being of the child.
Sec. 40. Minnesota Statutes 2006, section 260C.212, subdivision 7, is
amended to read:
Subd. 7. Administrative or court
review of placements. (a) There shall be an administrative review of the
out-of-home placement plan of each child placed in a residential facility
foster care no later than 180 days after the initial placement of the
child in a residential facility foster care and at least every
six months thereafter if the child is not returned to the home of the parent or
parents within that time. The out-of-home placement plan must be monitored and
updated at each administrative review. The administrative review shall be
conducted by the responsible social services agency using a panel of
appropriate persons at least one of whom is not responsible for the case
management of, or the delivery of services to, either the child or the parents
who are the subject of the review. The administrative review shall be open to
participation by the parent or guardian of the child and the child, as
appropriate.
(b) As
an alternative to the administrative review required in paragraph (a), the
social services agency responsible for the placement may bring a petition as
provided in section 260C.141, subdivision 2, to the court for review of
the foster care to determine if placement is in the best interests of the child.
This petition must be brought to the court in order for a court determination
to be made regarding the best interests of the child within the applicable six
months and is not in lieu of the requirements contained in subdivision 3 or 4. may,
as part of any hearing required under the Minnesota Rules of Juvenile
Protection Procedure, conduct a hearing to monitor and update the out-of-home
placement plan pursuant to the procedure and standard in section 260C.201,
subdivision 6, paragraph (d). The party requesting review of the out-of-home
placement plan shall give parties to the proceeding notice of the request to
review and update the out-of-home placement plan. A court review conducted
pursuant to section 260C.193; 260C.201, subdivision 1 or 11,
or section; 260C.141, subdivision 2, or 2a, clause (2); or
260C.317 shall satisfy the requirement for an administrative the review
so long as the other requirements of this section are met.
(b)
(c) At the review required under paragraph (a), the reviewing administrative
body As appropriate to the stage of the proceedings and relevant court
orders, the responsible social services agency or the court shall review:
(1) the safety, permanency needs, and well-being of the child;
(2) the continuing necessity for and appropriateness of the placement;
(3) the extent of compliance with the out-of-home placement plan;
(4) where appropriate, the extent of progress which has been
made toward alleviating or mitigating the causes necessitating placement in a
residential facility foster care;
(5) where appropriate, the projected date by which the child may
be returned to and safely maintained in the home or placed permanently away
from the care of the parent or parents or guardian; and
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(6) the
appropriateness of the services provided to the child.
(d) When a child is age 16 or older, in addition to any administrative
review conducted by the agency, at the review required under section 260C.201,
subdivision 11, paragraph (d), clause (3), item (iii); or 260C.317, subdivision
3, clause (3), the court shall review the independent living plan required
under subdivision 1, paragraph (c), clause (8), and the provision of services
to the child related to the well-being of the child as the child prepares to
leave foster care. The review shall include the actual plans related to each
item in the plan necessary to the child's future safety and well-being when the
child is no longer in foster care.
(1) At the court review, the responsible social services agency shall
establish that it has given the notice required under Minnesota Rules, part
9560.0060, regarding the right to continued access to services for certain
children in foster care past age 18 and of the right to appeal a denial of
social services under section 256.245. If the agency is unable to establish
that the notice, including the right to appeal a denial of social services, has
been given, the court shall require the agency to give it.
(2) The court shall make findings regarding progress toward or
accomplishment of the following goals:
(i) the child has obtained a high school diploma or its equivalent;
(ii) the child has completed a driver's education course or has demonstrated
the ability to use public transportation in the child's community;
(iii) the child is employed or enrolled in postsecondary education;
(iv) the child has applied for and obtained postsecondary education
financial aid for which the child is eligible;
(v) the child has health care coverage and health care providers to
meet the child's physical and mental health needs;
(vi) the child has applied for and obtained disability income
assistance for which the child is eligible;
(vii) the child has obtained affordable housing with necessary
supports, which does not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the first
month's rent and a damage deposit;
(ix) the child has an alternative affordable housing plan, which does
not include a homeless shelter, if the original housing plan is unworkable;
(x) the child, if male, has registered for the Selective Service; and
(xi) the child has a permanent connection to a caring adult.
(3) The court shall ensure that the responsible agency in conjunction
with the placement provider assists the child in obtaining the following
documents prior to the child's leaving foster care: a Social Security card; the
child's birth certificate; a state identification card or driver's license,
green card, or school visa; the child's school, medical, and dental records; a
contact list of the child's medical, dental, and mental health providers; and
contact information for the child's siblings, if the siblings are in foster
care.
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Sec. 41. Minnesota
Statutes 2006, section 260C.212, subdivision 8, is amended to read:
Subd. 8. Review of
Voluntary placements foster care; required court review. Except
for a child in placement due solely to the child's developmental disability or
emotional disturbance, if When the responsible social services agency
and the child's parent or guardian agree that the child's safety, health, and
best interests require that the child be in foster care, the agency and the
parent or guardian may enter into a voluntary agreement for the placement of
the child in foster care. The voluntary agreement must be in writing and in a
form approved by the commissioner. When the child has been placed in a
residential facility foster care pursuant to a voluntary release
by foster care agreement between the agency and the parent or
parents, under this subdivision and the child is not returned
home within 90 days after initial placement in the residential facility
foster care, the social services agency responsible for the child's
placement in foster care shall:
(1) return the child to the home of the parent or parents; or
(2) file a petition according to section 260C.141, subdivision 1 or 2,
which may:
(i) ask the court to review the child's placement in foster
care and approve it as continued voluntary foster care for up to an
additional 90 days;
(ii) ask the court to order continued out-of-home placement foster
care according to sections 260C.178 and 260C.201; or
(iii) ask the court to terminate parental rights under section
260C.301.
The out-of-home placement plan must be updated and filed along with the
petition.
If the court approves continued out-of-home placement continuing
the child in foster care for up to 90 more days on a voluntary basis,
at the end of the court-approved 90-day period, the child must be returned to
the parent's home. If the child is not returned home, the responsible social
services agency must proceed on the petition filed alleging the child in need
of protection or services or the petition for termination of parental rights or
other permanent placement of the child away from the parent. The court must
find a statutory basis to order the placement of the child under section
260C.178; 260C.201; or 260C.317.
Sec. 42. Minnesota Statutes 2006, section 260C.325, subdivision 1, is
amended to read:
Subdivision 1. Transfer of
custody. (a) If the court terminates parental rights of both parents
or of the only known living parent, the court shall order the guardianship and
the legal custody of the child transferred to:
(a)
(1) the
commissioner of human services; or
(b)
(2) a
licensed child-placing agency; or
(c)
(3) an individual who is willing and capable of assuming the appropriate
duties and responsibilities to the child.
(b) The court shall order transfer of guardianship and legal custody of
a child to the commissioner of human services only when the responsible county
social services agency had legal responsibility for planning for the permanent
placement of the child and the child was in foster care under the legal
responsibility of the responsible county social services agency at the time the
court orders guardianship and legal custody transferred to the commissioner.
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Sec. 43. Minnesota
Statutes 2006, section 260C.325, subdivision 3, is amended to read:
Subd. 3. Both parents deceased.
(a) If upon petition to the juvenile court by a reputable person,
including but not limited to an agent of the commissioner of human services,
and upon hearing in the manner provided in section 260C.163, the court finds
that both parents or the only known legal parent are or is deceased
and no appointment has been made or petition for appointment filed pursuant to
sections 524.5-201 to 524.5-317, the court shall order the guardianship and
legal custody of the child transferred to:
(a)
(1) the commissioner of human services;
(b)
(2) a licensed child-placing agency; or
(c)
(3) an individual who is willing and capable of assuming the appropriate
duties and responsibilities to the child.
(b) The court shall order transfer of guardianship and legal custody of
a child to the commissioner of human services only if there is no individual
who is willing and capable of assuming the appropriate duties and
responsibilities to the child.
Sec. 44. [260D.001] CHILD IN
VOLUNTARY FOSTER CARE FOR TREATMENT.
(a) Sections 260D.001 to 260D.301, may be cited as the "child in
voluntary foster care for treatment" provisions of the Juvenile Court Act.
(b) The juvenile court has original and exclusive jurisdiction over a
child in voluntary foster care for treatment upon the filing of a report or
petition required under this chapter. All obligations of the agency to a child
and family in foster care contained in chapter 260C not inconsistent with this
chapter are also obligations of the agency with regard to a child in foster
care for treatment under this chapter.
(c) This chapter shall be construed consistently with the mission of
the children's mental health service system as set out in section 245.487, subdivision
3, and the duties of an agency under section 256B.092, and Minnesota Rules,
parts 9525.0004 to 9525.0016, to meet the needs of a child with a developmental
disability or related condition. This chapter:
(1) establishes voluntary foster care through a voluntary foster care
agreement as the means for an agency and a parent to provide needed treatment
when the child must be in foster care to receive necessary treatment for an
emotional disturbance or developmental disability or related condition;
(2) establishes court review requirements for a child in voluntary
foster care for treatment due to emotional disturbance or developmental
disability or a related condition;
(3) establishes the ongoing responsibility of the parent as legal
custodian to visit the child, to plan together with the agency for the child's
treatment needs, to be available and accessible to the agency to make treatment
decisions, and to obtain necessary medical, dental, and other care for the
child; and
(4) applies to voluntary foster care when the child's parent and the
agency agree that the child's treatment needs require foster care either:
(i) due to a level of care determination by the agency's screening team
informed by the diagnostic and functional assessment under section 245.4885; or
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(ii) due to a
determination regarding the level of services needed by the responsible social
services' screening team under section 256B.092, and Minnesota Rules, parts
9525.0004 to 9525.0016.
(d) This chapter does not
apply when there is a current determination under section 626.556 that the
child requires child protective services or when the child is in foster care
for any reason other than treatment for the child's emotional disturbance or
developmental disability or related condition. When there is a determination
under section 626.556 that the child requires child protective services based
on an assessment that there are safety and risk issues for the child that have
not been mitigated through the parent's engagement in services or otherwise, or
when the child is in foster care for any reason other than the child's
emotional disturbance or developmental disability or related condition, the provisions
of chapter 260C apply.
(e) The paramount
consideration in all proceedings concerning a child in voluntary foster care
for treatment is the safety, health, and the best interests of the child. The
purpose of this chapter is:
(1) to ensure a child with a
disability is provided the services necessary to treat or ameliorate the
symptoms of the child's disability;
(2) to preserve and
strengthen the child's family ties whenever possible and in the child's best
interests, approving the child's placement away from the child's parents only
when the child's need for care or treatment requires it and the child cannot be
maintained in the home of the parent; and
(3) to ensure the child's
parent retains legal custody of the child and associated decision-making
authority unless the child's parent willfully fails or is unable to make
decisions that meet the child's safety, health, and best interests. The court
may not find that the parent willfully fails or is unable to make decisions that
meet the child's needs solely because the parent disagrees with the agency's
choice of foster care facility, unless the agency files a petition under
chapter 260C, and establishes by clear and convincing evidence that the child
is in need of protection or services.
(f) The legal parent-child
relationship shall be supported under this chapter by maintaining the parent's
legal authority and responsibility for ongoing planning for the child and by
the agency's assisting the parent, where necessary, to exercise the parent's
ongoing right and obligation to visit or to have reasonable contact with the
child. Ongoing planning means:
(1) actively participating
in the planning and provision of educational services, medical, and dental care
for the child;
(2) actively planning and
participating with the agency and the foster care facility for the child's
treatment needs; and
(3) planning to meet the
child's need for safety, stability, and permanency, and the child's need to
stay connected to the child's family and community.
(g) The provisions of
section 260.012 to ensure placement prevention, family reunification, and all
active and reasonable effort requirements of that section apply. This chapter
shall be construed consistently with the requirements of the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901, et. al., and
the provisions of the Minnesota Indian Family Preservation Act, sections
260.751 to 260.835.
Sec. 45. [260D.005] DEFINITIONS.
Subdivision 1. Definitions. The definitions in this section supplement
the definitions in section 260C.007. The definitions in section 260C.007 apply
to this chapter and have the same meaning for purposes of this chapter as for
chapter 260C.
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Subd. 2. Agency. "Agency" means the responsible social
services agency or a licensed child-placing agency.
Subd. 3. Case plan. "Case
plan" means any plan for the delivery of services to a child and parent,
or when reunification is not required, the child alone, that is developed
according to the requirements of sections 245.4871, subdivision 19 or 21;
245.492, subdivision 16; 256B.092; 260C.212, subdivision 1; 626.556,
subdivision 10; and Minnesota Rules, parts 9525.0004 to 9525.0016.
Subd. 4. Child. "Child"
means an individual under 18 years of age.
Subd. 5. Child in voluntary foster
care for treatment. "Child in voluntary foster care for
treatment" means a child who is emotionally disturbed or developmentally
disabled or has a related condition and is in foster care under a voluntary
foster care agreement between the child's parent and the agency due to
concurrence between the agency and the parent that the child's level of care
requires placement in foster care either:
(1) due to a determination by the agency's screening team based on its
review of the diagnostic and functional assessment under section 245.4885; or
(2) due to a determination by the agency's screening team under section
256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016.
A child is not in voluntary foster care for treatment under this
chapter when there is a current determination under section 626.556 that the
child requires child protective services or when the child is in foster care
for any reason other than the child's emotional or developmental disability or
related condition.
Subd. 6. Compelling reasons. "Compelling
reasons" has the same meaning given in section 260C.007, subdivision 8.
The agency may determine compelling reasons when the child is in foster care
for treatment and no grounds to terminate parental rights exist because the
child must be in placement to access treatment, the child's individual
treatment needs cannot be met in the childs' home or through community-based
care, and the parent continues to be responsible for planning together with the
agency for the child's needs and maintains appropriate contact with the child.
Subd. 7. Court. "Court"
means juvenile court unless otherwise specified in this section.
Subd. 8. Development disability.
"Developmental disability" means developmental disability as
defined in United States Code, title 42, section 6001(8).
Subd. 9. Emotionally disturbed or
emotional disturbance. "Emotionally disturbed" or
"emotional disturbance" means emotional disturbance as described in
section 245.4871, subdivision 15.
Subd. 10. Foster care. "Foster
care" means 24-hour substitute care for children placed away from their parents
and for whom an agency has placement and care responsibility. Foster care
includes, but is not limited to, placement in foster family homes, foster homes
of relatives, group homes, emergency shelters, residential facilities not
excluded in this subdivision, child care institutions, and preadoptive homes. A
child is in foster care under this definition, regardless of whether the
facility is licensed and payments are made for the cost of care. Nothing in
this definition creates any authority to place a child in a home or facility
that is required to be licensed that is not licensed. Foster care does not
include placement in any of the following facilities: hospitals, inpatient
chemical dependency treatment facilities, facilities that are primarily for delinquent
children, any corrections facility or program within a particular corrections
facility not meeting requirements for Title IV-E facilities as determined by
the commissioner, facilities to which a child is committed under the provision
of chapter 253B, forestry camps, or jails.
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Subd. 11. Legal authority to place the child. "Legal authority
to place the child" means the agency has legal responsibility for the care
and control of the child while the child is in foster care. The agency may
acquire legal authority to place a child through a voluntary placement
agreement between the agency and the child's parent under this chapter. Legal
authority to place the child does not mean the agency has authority to make
major life decisions regarding the child, including major medical decisions. A
parent with legal custody of the child continues to have legal authority to
make major life decisions regarding the child, including major medical
decisions.
Subd. 12. Minor. "Minor" means an individual under 18
years of age.
Subd. 13. Parent. "Parent" means the birth or adoptive
parent of a minor. Parent also means the child's legal guardian or any
individual who has legal authority to make decisions and plans for the child.
For an Indian child, parent includes any Indian person who has adopted a child
by tribal law or custom, as provided in section 260.755, subdivision 14.
Subd. 14. Reasonable efforts to finalize a permanent plan for the child.
"Reasonable efforts to finalize a permanent plan for the child"
has the same meaning under this chapter as provided in section 260.012,
paragraph (e).
Sec. 46. [260D.101] VOLUNTARY FOSTER CARE.
Subdivision 1. Voluntary foster care. When the agency's screening team,
based upon the diagnostic and functional assessment under section 245.4885 or
256B.092, subdivision 7, determines the child's need for treatment due to
emotional disturbance or developmental disability or related condition requires
foster care placement of the child, a voluntary foster care agreement between
the child's parent and the agency gives the agency legal authority to place the
child in foster care.
Subd. 2. Voluntary foster care agreement. A voluntary foster care
agreement shall be used to provide the agency the legal authority to place a
child in foster care for treatment due to the child's disability. The agreement
must be in writing and signed by both the child's parent and the agency. The
agreement must be in a form approved by the commissioner of human services, and
shall contain notice to parents of the consequences to the parent and to the
child of being in voluntary foster care.
Sec. 47. [260D.102] REQUIRED INFORMATION FOR A
CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
An agency with authority to
place a child in voluntary foster care for treatment due to emotional
disturbance or developmental disability or related condition, shall inform the
child, age 12 or older, of the following:
(1) the child has the right
to be consulted in the preparation of the out-of-home placement plan required
under section 260C.212, subdivision 1, and the administrative review required
under section 260C.212, subdivision 7;
(2) the child has the right
to visit the parent and the right to visit the child's siblings as determined
safe and appropriate by the parent and the agency;
(3) if the child disagrees
with the foster care facility or services provided under the out-of-home
placement plan required under section 260C.212, subdivision 1, the agency shall
include information about the nature of the child's disagreement and, to the
extent possible, the agency's understanding of the basis of the child's
disagreement in the information provided to the court in the report required
under section 260D.105; and
(4) the child has the rights
established under Minnesota Rules, part 2960.0050, as a resident of a facility
licensed by the state.
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Sec. 48. [260D.103] ADMINISTRATIVE REVIEW OF
CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
The administrative reviews required under section 260C.212, subdivision
7, must be conducted for a child in voluntary foster care for treatment, except
that the initial administrative review must take place prior to the submission
of the report to the court required under section 260D.105, subdivision 2.
Sec. 49. [260D.105] AGENCY
REPORT TO THE COURT AND COURT REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR
TREATMENT DUE TO DISABILITY.
Subdivision 1. Judicial review. In
the case of a child in voluntary foster care for treatment due to disability
under section 260D.101, the agency shall obtain judicial review of the child's
voluntary foster care placement within 165 days of the placement.
Subd. 2. Agency report to court;
court review. The agency shall obtain judicial review by reporting
to the court according to the following procedures:
(a) A written report shall be forwarded to the court within 165 days of
the date of the voluntary placement agreement. The written report shall contain
or have attached:
(1) a statement of facts that necessitate the child's foster care
placement;
(2) the child's name, date of birth, race, gender, and current address;
(3) the names, race, date of birth, residence, and post office
addresses of the child's parents or legal custodian;
(4) a statement regarding the child's eligibility for membership or enrollment
in an Indian tribe and the agency's compliance with applicable provisions of
sections 260.751 to 260.835;
(5) the names and addresses of the foster parents or chief
administrator of the facility in which the child is placed, if the child is not
in a family foster home or group home;
(6) a copy of the out-of-home placement plan required under section
260C.212, subdivision 1;
(7) a written summary of the proceedings of any administrative review
required under section 260C.212, subdivision 7; and
(8) any other information the agency, parent or legal custodian, the
child or the foster parent, or other residential facility wants the court to
consider.
(b) In the case of a child in placement due to emotional disturbance,
the written report shall include as an attachment, the child's individual
treatment plan developed by the child's treatment professional, as provided in
section 245.4871, subdivision 21, or the child's individual interagency
intervention plan, as provided in section 125A.023, subdivision 3, paragraph
(c).
(c) In the case of a child in placement due to developmental disability
or a related condition, the written report shall include as an attachment, the
child's individual service plan, as provided in section 256B.092, subdivision
1b; the child's individual program plan, as provided in Minnesota Rules, part
9525.0004, subpart 11; the child's waiver care plan; or the child's individual
interagency intervention plan, as provided in section 125A.023, subdivision 3,
paragraph (c).
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(d) The agency
must inform the child, age 12 or older, the child's parent, and the foster
parent or foster care facility of the reporting and court review requirements
of this section and of their right to submit information to the court:
(1) if the child or the
child's parent or the foster care provider wants to send information to the
court, the agency shall advise those persons of the reporting date and the date
by which the agency must receive the information they want forwarded to the
court so the agency is timely able submit it with the agency's report required
under this subdivision;
(2) the agency must also
inform the child, age 12 or older, the child's parent, and the foster care
facility that they have the right to be heard in person by the court and how to
exercise that right;
(3) the agency must also
inform the child, age 12 or older, the child's parent, and the foster care
provider that an in-court hearing will be held if requested by the child, the
parent, or the foster care provider; and
(4) if, at the time required
for the report under this section, a child, age 12 or older, disagrees about the
foster care facility or services provided under the out-of-home placement plan
required under section 260C.212, subdivision 1, the agency shall include
information regarding the child's disagreement, and to the extent possible, the
basis for the child's disagreement in the report required under this section.
(e) After receiving the
required report, the court has jurisdiction to make the following
determinations and must do so within ten days of receiving the forwarded
report, whether a hearing is requested:
(1) whether the voluntary
foster care arrangement is in the child's best interests;
(2) whether the parent and
agency are appropriately planning for the child; and
(3) in the case of a child
age 12 or older, who disagrees with the foster care facility or services
provided under the out-of-home placement plan, whether it is appropriate to
appoint counsel and a guardian ad litem for the child using standards and
procedures under section 260C.163.
(f) Unless requested by a
parent, representative of the foster care facility, or the child, no in-court
hearing is required in order for the court to make findings and issue an order
as required in paragraph (e).
(g) If the court finds the
voluntary foster care arrangement is in the child's best interests and that the
agency and parent are appropriately planning for the child, the court shall
issue an order containing explicit, individualized findings to support its
determination. The individualized findings shall be based on the agency's
written report and other materials submitted to the court. The court may make
this determination notwithstanding the child's disagreement, if any, reported
under paragraph (d).
(h) The court shall send a
copy of the order to the county attorney, the agency, parent, child, age 12 or
older, and the foster parent or foster care facility.
(i) The court shall also
send the parent, the child, age 12 or older, the foster parent, or
representative of the foster care facility notice of the permanency review
hearing required under section 260D.107, paragraph (e).
(j) If the court finds
continuing the voluntary foster care arrangement is not in the child's best
interests or that the agency or the parent are not appropriately planning for
the child, the court shall notify the agency, the parent, the foster parent or
foster care facility, the child, age 12 or older, and the county attorney of
the court's determinations and the basis for the court's determinations. In
this case, the court shall set the matter for hearing and appoint a guardian ad
litem for the child under section 260C.163, subdivision 5.
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Sec. 50. [260D.107] REQUIRED PERMANENCY REVIEW
HEARING.
(a) When the court has found that the voluntary arrangement is in the
child's best interests and that the agency and parent are appropriately
planning for the child pursuant to the report submitted under section 260D.105,
and the child continues in voluntary foster care as defined in section
260D.005, subdivision 10, for 13 months from the date of the voluntary foster
care agreement, or has been in placement for 15 of the last 22 months, the
agency must:
(1) terminate the voluntary foster care agreement and return the child
home; or
(2) determine whether there are compelling reasons to continue the
voluntary foster care arrangement and, if the agency determines there are
compelling reasons, seek judicial approval of its determination; or
(3) file a petition for the termination of parental rights.
(b) When the agency is asking for the court's approval of its
determination that there are compelling reasons to continue the child in the
voluntary foster care arrangement, the agency shall file a "Petition for Permanency
Review Regarding a Child in Voluntary Foster Care for Treatment" and ask
the court to proceed under this section.
(c) The "Petition for Permanency Review Regarding a Child in
Voluntary Foster Care for Treatment" shall be drafted or approved by the
county attorney and be under oath. The petition shall include:
(1) the date of the voluntary placement agreement;
(2) whether the petition is due to the child's developmental disability
or emotional disturbance;
(3) the plan for the ongoing care of the child and the parent's
participation in the plan;
(4) a description of the parent's visitation and contact with the
child;
(5) the date of the court finding that the foster care placement was in
the best interests of the child, if required under section 260D.105, or the
date the agency filed the motion under section 260D.201, paragraph (b);
(6) the agency's reasonable efforts to finalize the permanent plan for
the child, including returning the child to the care of the child's family; and
(7) a citation to this chapter as the basis for the petition.
(d) An updated copy of the out-of-home placement plan required under
section 260C.212, subdivision 1, shall be filed with the petition.
(e) The court shall set the date for the permanency review hearing no
later than 14 months after the child has been in placement or within 30 days of
the petition filing date when the child has been in placement 15 of the last 22
months. The court shall serve the petition together with a notice of hearing by
United States mail on the parent, the child age 12 or older, the child's
guardian ad litem, if one has been appointed, the agency, the county attorney,
and counsel for any party.
(f) The court shall conduct the permanency review hearing on the
petition no later than 14 months after the date of the voluntary placement
agreement, within 30 days of the filing of the petition when the child has been
in placement 15 days of the last 22 months, or within 15 days of a motion to
terminate jurisdiction and to dismiss an order for foster care under chapter
260C, as provided in section 260D.201, paragraph (b).
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(g) At the
permanency review hearing, the court shall:
(1) inquire of the parent if the parent has reviewed the "Petition
for Permanency Review Regarding a Child in Voluntary Foster Care for
Treatment," whether the petition is accurate, and whether the parent
agrees to the continued voluntary foster care arrangement as being in the
child's best interests;
(2) inquire of the parent if the parent is satisfied with the agency's
reasonable efforts to finalize the permanent plan for the child, including
whether there are services available and accessible to the parent that might
allow the child to safely be with the child's family;
(3) inquire of the parent if the parent consents to the court entering
an order that:
(i) approves the responsible agency's reasonable efforts to finalize the
permanent plan for the child, which includes ongoing future planning for the
safety, health, and best interests of the child; and
(ii) approves the responsible agency's determination that there are
compelling reasons why the continued voluntary foster care arrangement is in
the child's best interests; and
(4) inquire of the child's guardian ad litem and any other party
whether the guardian or the party agrees that:
(i) the court should approve the responsible agency's reasonable
efforts to finalize the permanent plan for the child, which includes ongoing
and future planning for the safety, health, and best interests of the child;
and
(ii) the court should approve of the responsible agency's determination
that there are compelling reasons why the continued voluntary foster care
arrangement is in the child's best interests.
(h) At a permanency review hearing under this section, the court may
take the following actions based on the contents of the sworn petition and the
consent of the parent:
(1) approve the agency's compelling reasons that the voluntary foster
care arrangement is in the best interests of the child; and
(2) find that the agency has made reasonable efforts to finalize a plan
for the permanent plan for the child.
(i) A child, age 12 or older, may object to the agency's request that
the court approve its compelling reasons for the continued voluntary
arrangement and may be heard on the reasons for the objection. Notwithstanding
the child's objection, the court may approve the agency's compelling reasons
and the voluntary arrangement.
(j) If the court does not approve the voluntary arrangement after
hearing from the child or the child's guardian ad litem, the court shall
dismiss the petition. In this case, either:
(1) the child must be returned to the care of the parent; or
(2) the agency must file a petition under section 260C.141, asking for
appropriate relief under section 260C.201, subdivision 11, or 260C.301.
(k) When the court approves the agency's compelling reasons for the
child to continue in voluntary foster care for treatment, and finds that the
agency has made reasonable efforts to finalize a permanent plan for the child,
the court shall approve the continued voluntary foster care arrangement, and
continue the matter under the court's jurisdiction for the purposes of
reviewing the child's placement every 12 months while the child is in foster
care.
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(l) A finding
that the court approves the continued voluntary placement means the agency has
continued legal authority to place the child while a voluntary placement
agreement remains in effect. The parent or the agency may terminate a voluntary
agreement as provided in section 260D.301. Termination of a voluntary foster
care placement of an Indian child is governed by section 260.765, subdivision
4.
Sec. 51. [260D.109] ANNUAL
REVIEW.
(a) After the court conducts a permanency review hearing under section
260D.107, the matter must be returned to the court for further review of the
child's foster care placement at least every 12 months while the child is in
foster care. The court shall give notice to the parent and child, age 12 or
older, and the foster parents of the continued review requirements under this
section at the permanency review hearing.
(b) Every 12 months, the court shall determine whether the agency made
reasonable efforts to finalize the permanency plan for the child, which means the
exercise of due diligence by the agency to:
(1) ensure that the agreement for voluntary foster care is the most
appropriate legal arrangement to meet the child's safety, health, and best
interests;
(2) engage and support the parent in continued involvement in planning
and decision making for the needs of the child;
(3) strengthen the child's ties to the parent, relatives, and
community;
(4) implement the out-of-home placement plan required under section
260C.212, subdivision 1, and ensure that the plan requires the provision of
appropriate services to address the physical health, mental health, and
educational needs of the child; and
(5) ensure appropriate planning for the child's safe, permanent, and
independent living arrangement after the child's 18th birthday.
Sec. 52. [260D.201]
PERMANENCY REVIEW AFTER ADJUDICATION UNDER CHAPTER 260C.
(a) If a child has been ordered into foster care under section 260C.178
or 260C.201, subdivision 1, and the conditions that led to the court's order
have been corrected so that the child could safely return home except for the
child's need to continue in foster care for treatment due to the child's
disability, the child's parent and the agency may enter into a voluntary foster
care agreement under this chapter using the procedure set out in paragraph (b).
(b) When the agency and the parent agree to enter into a voluntary
foster care agreement under this chapter, the agency must file a motion to
terminate jurisdiction under section 260C.193, subdivision 6, and to dismiss
the order for foster care under section 260C.178 or 260C.201, subdivision 1,
together with the petition required under section 260D.107, paragraph (b), for
permanency review and the court's approval of the voluntary arrangement.
(c) The court shall send the motion and the petition filed under
subdivision 2 together with a notice of hearing by mail as required in section
260D.107, paragraph (e).
(d) The petition and motion under this section must be filed no later
than the time the agency is required to file a petition for permanent placement
under section 260C.201, subdivision 11, but may be filed as soon as the agency
and the parent agree that the child should remain in foster care under a
voluntary foster care agreement, because the child needs treatment and
voluntary foster care is in the child's best interest.
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(e) In order for
the agency to have continuous legal authority to place the child, the parent
and the agency must execute a voluntary foster care agreement for the child's
continuation in foster care for treatment prior to the termination of the order
for foster care under section 260C.178 or 260C.201, subdivision 1. The parent
and agency may execute the voluntary foster care agreement at or before the
permanency review hearing required under this section. The voluntary foster
care agreement shall not be effective until the court terminates jurisdiction
under section 260C.193, subdivision 6, and dismisses the order for foster care
under section 260C.178 or 260C.201, subdivision 1. Unless the agency and the
parent execute a voluntary placement agreement for the child to continue in
voluntary foster care for treatment, the agency shall not have legal authority
to place the child after the court terminates jurisdiction under chapter 260C.
Sec. 53. [260D.301]
TERMINATION OF VOLUNTARY PLACEMENT AGREEMENT.
(a) The child's parent may terminate a voluntary placement agreement under
this chapter upon written notice to the agency of the termination of the
agreement. The termination of a voluntary foster care agreement regarding an
Indian child shall be governed by section 260.765, subdivision 4.
(b) The agency may terminate a voluntary placement agreement under this
section upon written notice of the termination of the agreement to the parent.
Prior to sending notice of termination of the voluntary foster care placement
agreement, the agency shall contact the parent regarding transition planning
under paragraph (e). Written notice by the agency shall be considered received
by the parent three business days after mailing by the agency.
(c) Upon receipt of notice of the termination of the voluntary foster
care agreement, the agency, the parent, and the facility may agree to a time
that the child shall return home. The scheduled time to return home shall meet
the child's need for safety and reasonable transition. Unless otherwise agreed
by the parent and the agency, the child's return home shall not occur sooner
than 72 hours and not later than 30 days after written notice of termination is
received or sent by the agency.
(d) A parent who disagrees with the termination of a voluntary foster
care agreement by the agency under this chapter has the right to a fair hearing
under section 256.045 to appeal the termination of the voluntary foster care
agreement. When the agency gives written notice to the parent of the
termination of the agreement, the agency must also give the parent notice of
the parent's right to a fair hearing under section 256.045 to appeal the
agency's decision to terminate the voluntary foster care agreement.
(e) The agency and the child's parents shall engage in transition
planning for the child's return home, including establishing a scheduled time
for the child to return home, an increased visitation plan between the parent
and child, and a plan for what services will be provided and in place upon the
child's return home.
(f) Notice of termination of voluntary foster care agreement does not
terminate the agreement. The voluntary foster care agreement and the agency's
legal authority to place the child are terminated by the child's return home or
by court order.
Sec. 54. Minnesota Statutes 2006, section 524.2-114, is amended to
read:
524.2-114 MEANING OF CHILD
AND RELATED TERMS.
If, for purposes of intestate succession, a relationship of parent and
child must be established to determine succession by, through, or from a
person:
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(1) An adopted person
child is the child of an adopting parent and not of the birth parents
except that adoption of a child by the spouse of a birth parent has no effect
on the relationship between the child and that birth parent. If a parent dies
and a child is subsequently adopted by a stepparent who is the spouse of a
surviving parent, any rights of inheritance of the child or the child's
descendant from or through the deceased parent of the child which exist at the
time of the death of that parent shall not be affected by the adoption.
(2) In cases not covered by clause (1), a person is the child of the
person's parents regardless of the marital status of the parents and the parent
and child relationship may be established under the Parentage Act, sections
257.51 to 257.74.
Sec. 55. Minnesota Statutes 2006, section 626.556, subdivision 7, is
amended to read:
Subd. 7. Report. An oral
report shall be made immediately by telephone or otherwise. An oral report made
by a person required under subdivision 3 to report shall be followed within 72
hours, exclusive of weekends and holidays, by a report in writing to the
appropriate police department, the county sheriff, the agency responsible for
assessing or investigating the report, or the local welfare agency, unless the
appropriate agency has informed the reporter that the oral information does not
constitute a report under subdivision 10. The local welfare agency shall
determine if the report is accepted for an assessment or investigation as soon
as possible but in no event longer than 24 hours after the report is received. Any
report shall be of sufficient content to identify the child, any person
believed to be responsible for the abuse or neglect of the child if the person
is known, the nature and extent of the abuse or neglect and the name and
address of the reporter. If requested, the local welfare agency or the agency
responsible for assessing or investigating the report shall inform the reporter
within ten days after the report is made, either orally or in writing, whether
the report was accepted for assessment or investigation. Written reports
received by a police department or the county sheriff shall be forwarded
immediately to the local welfare agency or the agency responsible for assessing
or investigating the report. The police department or the county sheriff may
keep copies of reports received by them. Copies of written reports received by
a local welfare department or the agency responsible for assessing or
investigating the report shall be forwarded immediately to the local police
department or the county sheriff.
A written copy of a report maintained by personnel of agencies, other
than welfare or law enforcement agencies, which are subject to chapter 13 shall
be confidential. An individual subject of the report may obtain access to the
original report as provided by subdivision 11.
Sec. 56. Minnesota Statutes 2007 Supplement, section 626.556,
subdivision 10a, is amended to read:
Subd. 10a. Law enforcement
agency responsibility for investigation; welfare agency reliance on law
enforcement fact-finding; welfare agency offer of services. (a) If the
report alleges neglect, physical abuse, or sexual abuse by a person who is not a
parent, guardian, sibling, person responsible for the child's care functioning
within the family unit, or a person who lives in the child's household and who
has a significant relationship to the child, in a setting other than a facility
as defined in subdivision 2, the local welfare agency shall immediately notify
the appropriate law enforcement agency, which shall conduct an investigation of
the alleged abuse or neglect if a violation of a criminal statute is alleged.
(b) The local agency may rely on the fact-finding efforts of the law
enforcement investigation conducted under this subdivision to make a
determination whether or not threatened harm injury or other
maltreatment has occurred under subdivision 2 if an alleged offender has minor
children or lives with minors.
(c) The local welfare agency shall offer appropriate social services
for the purpose of safeguarding and enhancing the welfare of the abused or
neglected minor.
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Sec. 57. TARGETED CASE MANAGEMENT SERVICES FOR
CHILDREN.
The commissioner of human
services shall seek an amendment to the state plan to provide targeted case
management services to children with developmental disabilities who are in need
of activities that coordinate and link social and other services designed to
help children gain access to needed medical, social, educational, and other
services under Minnesota Statutes, section 256B.092.
Sec. 58. REVISOR'S INSTRUCTION.
In each section of Minnesota
Statutes referred to in column A, the revisor of statutes shall delete the
reference in column B and insert the reference in column C.
Column A Column
B Column
C
259.67 260.851,
article 5 260.853,
article 4
256B.094 260.851 260.853
EFFECTIVE DATE. This section is
effective upon legislative enactment of the interstate compact in section 23 by
no less than 35 states.
Sec. 59. REPEALER.
(a) Minnesota Statutes 2006,
section 260.851, is repealed effective upon legislative enactment of the
interstate compact in section 23 by no less than 35 states. The commissioner of
human services shall inform the revisor of statutes when this occurs.
(b) Minnesota Statutes 2006,
sections 260B.241; 260C.141, subdivision 2a; 260C.207; 260C.431; and 260C.435,
are repealed.
(c) Minnesota Statutes 2007
Supplement, section 260C.212, subdivision 9, is repealed.
Minnesota Rules, parts
9560.0092; 9560.0093, subpart 2; and 9560.0609, are repealed.
ARTICLE 7
DATA PRIVACY
Section 1. Minnesota Statutes
2006, section 13.46, is amended by adding a subdivision to read:
Subd. 12. Child care resource and referral programs. This
subdivision applies to data collected by child care resource and referral
programs under section 119B.19. Data collected under section 119B.19 are not
licensing data under subdivision 4. Data on unlicensed family child care
providers are data on individuals governed by subdivision 2. In addition to the
disclosures authorized by this section, the names and addresses of unlicensed
family child care providers may be disclosed to the commissioner of education
for purposes of promoting and evaluating school readiness.
Sec. 2. Minnesota Statutes
2006, section 13.46, is amended by adding a subdivision to read:
Subd. 13. Family, friend, and neighbor grant program. This
subdivision applies to data collected by family, friend, and neighbor (FFN)
grantees under section 119B.232. Data collected under section 119B.232 are data
on individuals governed by subdivision 2. The commissioner may disclose private
data collected under this section to
Journal of the House - 119th
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early childhood
care and education experts at the University of Minnesota to evaluate the
impact of the grants under subdivision 2 on children's school readiness and to
evaluate the FFN grant program. The commissioner may disclose the names and
addresses of FFN caregivers to the commissioner of education for purposes of
promoting and evaluating school readiness.
Sec. 3. Laws 2007, chapter
147, article 2, section 56, is amended to read:
Sec. 56. COMMISSIONER OF HUMAN SERVICES DUTIES;
EARLY CHILDHOOD AND SCHOOL-AGE PROFESSIONAL DEVELOPMENT TRAINING.
Subdivision 1. Development and implementation of an early
childhood and school-age professional development system. (a) The
commissioner of human services, in cooperation with the commissioners of
education and health, shall develop and phase-in the implementation of a
professional development system for practitioners serving children in early
childhood and school-age programs. The system shall provide training options
and supports for practitioners to voluntarily choose, as they complete or
exceed existing licensing requirements.
The system must, at a
minimum, include the following features:
(1) a continuum of training
content based on the early childhood and school-age care practitioner core
competencies that translates knowledge into improved practice to support
children's school success;
(2) training strategies that
provide direct feedback about practice to practitioners through ongoing
consultation, mentoring, or coaching with special emphasis on early literacy
and early mathematics;