1.1 A bill for an act
1.2 relating to mental health; updating mental health terminology; amending Minnesota
1.3 Statutes 2024, sections 62Q.527, subdivisions 1, 2, 3; 121A.61, subdivision 3;
1.4 128C.02, subdivision 5; 142G.02, subdivision 56; 142G.27, subdivision 4; 142G.42,
1.5 subdivision 3; 245.462, subdivision 4; 245.4682, subdivision 3; 245.4835,
1.6 subdivision 2; 245.4863; 245.487, subdivision 2; 245.4871, subdivisions 3, 4, 6,
1.7 13, 15, 17, 19, 21, 22, 28, 29, 31, 32, 34; 245.4873, subdivision 2; 245.4874,
1.8 subdivision 1; 245.4875, subdivision 5; 245.4876, subdivisions 4, 5; 245.4877;
1.9 245.488, subdivisions 1, 3; 245.4881, subdivisions 1, 4; 245.4882, subdivisions
1.10 1, 5; 245.4884; 245.4885, subdivision 1; 245.4889, subdivision 1; 245.4907,
1.11 subdivision 2; 245.491, subdivision 2; 245.492, subdivision 3; 245.697, subdivision
1.12 2a; 245.814, subdivision 3; 245.826; 245.91, subdivisions 2, 4; 245.92; 245.94,
1.13 subdivision 1; 245A.03, subdivision 2; 245A.26, subdivisions 1, 2; 245I.05,
1.14 subdivisions 3, 5; 245I.11, subdivision 5; 246C.12, subdivision 4; 252.27,
1.15 subdivision 1; 256B.02, subdivision 11; 256B.055, subdivision 12; 256B.0616,
1.16 subdivision 1; 256B.0757, subdivision 2; 256B.0943, subdivisions 1, 3, 9, 12, 13;
1.17 256B.0945, subdivision 1; 256B.0946, subdivision 6; 256B.0947, subdivision 3a;
1.18 256B.69, subdivision 23; 256B.77, subdivision 7a; 260B.157, subdivision 3;
1.19 260C.007, subdivisions 16, 26d, 27b; 260C.157, subdivision 3; 260C.201,
1.20 subdivisions 1, 2; 260C.301, subdivision 4; 260D.01; 260D.02, subdivisions 5, 9;
1.21 260D.03, subdivision 1; 260D.04; 260D.06, subdivision 2; 260D.07; 260E.11,
1.22 subdivision 3; 295.50, subdivision 9b.
1.23BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.24 Section 1. Minnesota Statutes 2024, section 62Q.527, subdivision 1, is amended to read:
1.25 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
1.26the meanings given them.
1.27 (b) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15.
1.28 (c) (b) "Mental illness" has the meaning given in section sections 245.462, subdivision
1.2920, paragraph (a), and 245.4871, subdivision 15.
1Section 1.
REVISOR DTT/LN 25-0204502/11/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2196
NINETY-FOURTH SESSION
Authored by Fischer03/12/2025
The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1 (d) (c) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes
2.2the coverages described in section 62A.011, subdivision 3, clauses (7) and (10).
2.3 Sec. 2. Minnesota Statutes 2024, section 62Q.527, subdivision 2, is amended to read:
2.4 Subd. 2.Required coverage for antipsychotic drugs.(a) A health plan that provides
2.5prescription drug coverage must provide coverage for an antipsychotic drug prescribed to
2.6treat emotional disturbance or mental illness regardless of whether the drug is in the health
2.7plan's drug formulary, if the health care provider prescribing the drug:
2.8 (1) indicates to the dispensing pharmacist, orally or in writing according to section
2.9151.21, that the prescription must be dispensed as communicated; and
2.10 (2) certifies in writing to the health plan company that the health care provider has
2.11considered all equivalent drugs in the health plan's drug formulary and has determined that
2.12the drug prescribed will best treat the patient's condition.
2.13 (b) The health plan is not required to provide coverage for a drug if the drug was removed
2.14from the health plan's drug formulary for safety reasons.
2.15 (c) For drugs covered under this section, no health plan company that has received a
2.16certification from the health care provider as described in paragraph (a) may:
2.17 (1) impose a special deductible, co-payment, coinsurance, or other special payment
2.18requirement that the health plan does not apply to drugs that are in the health plan's drug
2.19formulary; or
2.20 (2) require written certification from the prescribing provider each time a prescription
2.21is refilled or renewed that the drug prescribed will best treat the patient's condition.
2.22 Sec. 3. Minnesota Statutes 2024, section 62Q.527, subdivision 3, is amended to read:
2.23 Subd. 3.Continuing care.(a) Enrollees receiving a prescribed drug to treat a diagnosed
2.24mental illness or emotional disturbance may continue to receive the prescribed drug for up
2.25to one year without the imposition of a special deductible, co-payment, coinsurance, or
2.26other special payment requirements, when a health plan's drug formulary changes or an
2.27enrollee changes health plans and the medication has been shown to effectively treat the
2.28patient's condition. In order to be eligible for this continuing care benefit:
2.29 (1) the patient must have been treated with the drug for 90 days prior to a change in a
2.30health plan's drug formulary or a change in the enrollee's health plan;
2Sec. 3.
REVISOR DTT/LN 25-0204502/11/25 3.1 (2) the health care provider prescribing the drug indicates to the dispensing pharmacist,
3.2orally or in writing according to section 151.21, that the prescription must be dispensed as
3.3communicated; and
3.4 (3) the health care provider prescribing the drug certifies in writing to the health plan
3.5company that the drug prescribed will best treat the patient's condition.
3.6 (b) The continuing care benefit shall be extended annually when the health care provider
3.7prescribing the drug:
3.8 (1) indicates to the dispensing pharmacist, orally or in writing according to section
3.9151.21, that the prescription must be dispensed as communicated; and
3.10 (2) certifies in writing to the health plan company that the drug prescribed will best treat
3.11the patient's condition.
3.12 (c) The health plan company is not required to provide coverage for a drug if the drug
3.13was removed from the health plan's drug formulary for safety reasons.
3.14 Sec. 4. Minnesota Statutes 2024, section 121A.61, subdivision 3, is amended to read:
3.15 Subd. 3.Policy components.The policy must include at least the following components:
3.16 (a) rules governing student conduct and procedures for informing students of the rules;
3.17 (b) the grounds for removal of a student from a class;
3.18 (c) the authority of the classroom teacher to remove students from the classroom pursuant
3.19to procedures and rules established in the district's policy;
3.20 (d) the procedures for removal of a student from a class by a teacher, school administrator,
3.21or other school district employee;
3.22 (e) the period of time for which a student may be removed from a class, which may not
3.23exceed five class periods for a violation of a rule of conduct;
3.24 (f) provisions relating to the responsibility for and custody of a student removed from
3.25a class;
3.26 (g) the procedures for return of a student to the specified class from which the student
3.27has been removed;
3.28 (h) the procedures for notifying a student and the student's parents or guardian of
3.29violations of the rules of conduct and of resulting disciplinary actions;
3Sec. 4.
REVISOR DTT/LN 25-0204502/11/25 4.1 (i) any procedures determined appropriate for encouraging early involvement of parents
4.2or guardians in attempts to improve a student's behavior;
4.3 (j) any procedures determined appropriate for encouraging early detection of behavioral
4.4problems;
4.5 (k) any procedures determined appropriate for referring a student in need of special
4.6education services to those services;
4.7 (l) any procedures determined appropriate for ensuring victims of bullying who respond
4.8with behavior not allowed under the school's behavior policies have access to a remedial
4.9response, consistent with section 121A.031;
4.10 (m) the procedures for consideration of whether there is a need for a further assessment
4.11or of whether there is a need for a review of the adequacy of a current individualized
4.12education program of a student with a disability who is removed from class;
4.13 (n) procedures for detecting and addressing chemical abuse problems of a student while
4.14on the school premises;
4.15 (o) the minimum consequences for violations of the code of conduct;
4.16 (p) procedures for immediate and appropriate interventions tied to violations of the code;
4.17 (q) a provision that states that a teacher, school employee, school bus driver, or other
4.18agent of a district may use reasonable force in compliance with section 121A.582 and other
4.19laws;
4.20 (r) an agreement regarding procedures to coordinate crisis services to the extent funds
4.21are available with the county board responsible for implementing sections 245.487 to
4.22245.4889 for students with a serious emotional disturbance mental illness or other students
4.23who have an individualized education program whose behavior may be addressed by crisis
4.24intervention;
4.25 (s) a provision that states a student must be removed from class immediately if the student
4.26engages in assault or violent behavior. For purposes of this paragraph, "assault" has the
4.27meaning given it in section 609.02, subdivision 10. The removal shall be for a period of
4.28time deemed appropriate by the principal, in consultation with the teacher;
4.29 (t) a prohibition on the use of exclusionary practices for early learners as defined in
4.30section 121A.425; and
4.31 (u) a prohibition on the use of exclusionary practices to address attendance and truancy
4.32issues.
4Sec. 4.
REVISOR DTT/LN 25-0204502/11/25 5.1 Sec. 5. Minnesota Statutes 2024, section 128C.02, subdivision 5, is amended to read:
5.2 Subd. 5.Rules for open enrollees.(a) The league shall adopt league rules and regulations
5.3governing the athletic participation of pupils attending school in a nonresident district under
5.4section 124D.03.
5.5 (b) Notwithstanding other law or league rule or regulation to the contrary, when a student
5.6enrolls in or is readmitted to a recovery-focused high school after successfully completing
5.7a licensed program for treatment of alcohol or substance abuse, or mental illness, or emotional
5.8disturbance, the student is immediately eligible to participate on the same basis as other
5.9district students in the league-sponsored activities of the student's resident school district.
5.10Nothing in this paragraph prohibits the league or school district from enforcing a league or
5.11district penalty resulting from the student violating a league or district rule.
5.12 (c) The league shall adopt league rules making a student with an individualized education
5.13program who transfers from one public school to another public school as a reasonable
5.14accommodation to reduce barriers to educational access immediately eligible to participate
5.15in league-sponsored varsity competition on the same basis as other students in the school
5.16to which the student transfers. The league also must establish guidelines, consistent with
5.17this paragraph, for reviewing the 504 plan of a student who transfers between public schools
5.18to determine whether the student is immediately eligible to participate in league-sponsored
5.19varsity competition on the same basis as other students in the school to which the student
5.20transfers.
5.21 Sec. 6. Minnesota Statutes 2024, section 142G.02, subdivision 56, is amended to read:
5.22 Subd. 56.Learning disabled."Learning disabled," for purposes of an extension to the
5.2360-month time limit under section 142G.42, subdivision 4, clause (3), means the person has
5.24a disorder in one or more of the psychological processes involved in perceiving,
5.25understanding, or using concepts through verbal language or nonverbal means. Learning
5.26disabled does not include learning problems that are primarily the result of visual, hearing,
5.27or motor disabilities; developmental disability; emotional disturbance; or mental illness or
5.28due to environmental, cultural, or economic disadvantage.
5.29 Sec. 7. Minnesota Statutes 2024, section 142G.27, subdivision 4, is amended to read:
5.30 Subd. 4.Good cause exemptions for not attending orientation.(a) The county agency
5.31shall not impose the sanction under section 142G.70 if it determines that the participant has
5.32good cause for failing to attend orientation. Good cause exists when:
5Sec. 7.
REVISOR DTT/LN 25-0204502/11/25 6.1 (1) appropriate child care is not available;
6.2 (2) the participant is ill or injured;
6.3 (3) a family member is ill and needs care by the participant that prevents the participant
6.4from attending orientation. For a caregiver with a child or adult in the household who meets
6.5the disability or medical criteria for home care services under section 256B.0659, or a home
6.6and community-based waiver services program under chapter 256B, or meets the criteria
6.7for severe emotional disturbance serious mental illness under section 245.4871, subdivision
6.86, or for serious and persistent mental illness under section 245.462, subdivision 20,
6.9paragraph (c), good cause also exists when an interruption in the provision of those services
6.10occurs which prevents the participant from attending orientation;
6.11 (4) the caregiver is unable to secure necessary transportation;
6.12 (5) the caregiver is in an emergency situation that prevents orientation attendance;
6.13 (6) the orientation conflicts with the caregiver's work, training, or school schedule; or
6.14 (7) the caregiver documents other verifiable impediments to orientation attendance
6.15beyond the caregiver's control.
6.16 (b) Counties must work with clients to provide child care and transportation necessary
6.17to ensure a caregiver has every opportunity to attend orientation.
6.18 Sec. 8. Minnesota Statutes 2024, section 142G.42, subdivision 3, is amended to read:
6.19 Subd. 3.Ill or incapacitated.(a) An assistance unit subject to the time limit in section
6.20142G.40, subdivision 1, is eligible to receive months of assistance under a hardship extension
6.21if the participant who reached the time limit belongs to any of the following groups:
6.22 (1) participants who are suffering from an illness, injury, or incapacity which has been
6.23certified by a qualified professional when the illness, injury, or incapacity is expected to
6.24continue for more than 30 days and severely limits the person's ability to obtain or maintain
6.25suitable employment. These participants must follow the treatment recommendations of the
6.26qualified professional certifying the illness, injury, or incapacity;
6.27 (2) participants whose presence in the home is required as a caregiver because of the
6.28illness, injury, or incapacity of another member in the assistance unit, a relative in the
6.29household, or a foster child in the household when the illness or incapacity and the need
6.30for a person to provide assistance in the home has been certified by a qualified professional
6.31and is expected to continue for more than 30 days; or
6Sec. 8.
REVISOR DTT/LN 25-0204502/11/25 7.1 (3) caregivers with a child or an adult in the household who meets the disability or
7.2medical criteria for home care services under section 256B.0651, subdivision 1, paragraph
7.3(c), or a home and community-based waiver services program under chapter 256B, or meets
7.4the criteria for severe emotional disturbance serious mental illness under section 245.4871,
7.5subdivision 6, or for serious and persistent mental illness under section 245.462, subdivision
7.620, paragraph (c). Caregivers in this category are presumed to be prevented from obtaining
7.7or maintaining suitable employment.
7.8 (b) An assistance unit receiving assistance under a hardship extension under this
7.9subdivision may continue to receive assistance as long as the participant meets the criteria
7.10in paragraph (a), clause (1), (2), or (3).
7.11 Sec. 9. Minnesota Statutes 2024, section 245.462, subdivision 4, is amended to read:
7.12 Subd. 4.Case management service provider.(a) "Case management service provider"
7.13means a case manager or case manager associate employed by the county or other entity
7.14authorized by the county board to provide case management services specified in section
7.15245.4711.
7.16 (b) A case manager must:
7.17 (1) be skilled in the process of identifying and assessing a wide range of client needs;
7.18 (2) be knowledgeable about local community resources and how to use those resources
7.19for the benefit of the client;
7.20 (3) be a mental health practitioner as defined in section 245I.04, subdivision 4, or have
7.21a bachelor's degree in one of the behavioral sciences or related fields including, but not
7.22limited to, social work, psychology, or nursing from an accredited college or university. A
7.23case manager who is not a mental health practitioner and who does not have a bachelor's
7.24degree in one of the behavioral sciences or related fields must meet the requirements of
7.25paragraph (c); and
7.26 (4) meet the supervision and continuing education requirements described in paragraphs
7.27(d), (e), and (f), as applicable.
7.28 (c) Case managers without a bachelor's degree must meet one of the requirements in
7.29clauses (1) to (3):
7.30 (1) have three or four years of experience as a case manager associate as defined in this
7.31section;
7Sec. 9.
REVISOR DTT/LN 25-0204502/11/25 8.1 (2) be a registered nurse without a bachelor's degree and have a combination of
8.2specialized training in psychiatry and work experience consisting of community interaction
8.3and involvement or community discharge planning in a mental health setting totaling three
8.4years; or
8.5 (3) be a person who qualified as a case manager under the 1998 Department of Human
8.6Service waiver provision and meet the continuing education and mentoring requirements
8.7in this section.
8.8 (d) A case manager with at least 2,000 hours of supervised experience in the delivery
8.9of services to adults with mental illness must receive regular ongoing supervision and clinical
8.10supervision totaling 38 hours per year of which at least one hour per month must be clinical
8.11supervision regarding individual service delivery with a case management supervisor. The
8.12remaining 26 hours of supervision may be provided by a case manager with two years of
8.13experience. Group supervision may not constitute more than one-half of the required
8.14supervision hours. Clinical supervision must be documented in the client record.
8.15 (e) A case manager without 2,000 hours of supervised experience in the delivery of
8.16services to adults with mental illness must:
8.17 (1) receive clinical supervision regarding individual service delivery from a mental
8.18health professional at least one hour per week until the requirement of 2,000 hours of
8.19experience is met; and
8.20 (2) complete 40 hours of training approved by the commissioner in case management
8.21skills and the characteristics and needs of adults with serious and persistent mental illness.
8.22 (f) A case manager who is not licensed, registered, or certified by a health-related
8.23licensing board must receive 30 hours of continuing education and training in mental illness
8.24and mental health services every two years.
8.25 (g) A case manager associate (CMA) must:
8.26 (1) work under the direction of a case manager or case management supervisor;
8.27 (2) be at least 21 years of age;
8.28 (3) have at least a high school diploma or its equivalent; and
8.29 (4) meet one of the following criteria:
8.30 (i) have an associate of arts degree in one of the behavioral sciences or human services;
8.31 (ii) be a certified peer specialist under section 256B.0615;
8Sec. 9.
REVISOR DTT/LN 25-0204502/11/25 9.1 (iii) be a registered nurse without a bachelor's degree;
9.2 (iv) within the previous ten years, have three years of life experience with serious and
9.3persistent mental illness as defined in subdivision 20; or as a child had severe emotional
9.4disturbance a serious mental illness as defined in section 245.4871, subdivision 6; or have
9.5three years life experience as a primary caregiver to an adult with serious and persistent
9.6mental illness within the previous ten years;
9.7 (v) have 6,000 hours work experience as a nondegreed state hospital technician; or
9.8 (vi) have at least 6,000 hours of supervised experience in the delivery of services to
9.9persons with mental illness.
9.10 Individuals meeting one of the criteria in items (i) to (v) may qualify as a case manager
9.11after four years of supervised work experience as a case manager associate. Individuals
9.12meeting the criteria in item (vi) may qualify as a case manager after three years of supervised
9.13experience as a case manager associate.
9.14 (h) A case management associate must meet the following supervision, mentoring, and
9.15continuing education requirements:
9.16 (1) have 40 hours of preservice training described under paragraph (e), clause (2);
9.17 (2) receive at least 40 hours of continuing education in mental illness and mental health
9.18services annually; and
9.19 (3) receive at least five hours of mentoring per week from a case management mentor.
9.20A "case management mentor" means a qualified, practicing case manager or case management
9.21supervisor who teaches or advises and provides intensive training and clinical supervision
9.22to one or more case manager associates. Mentoring may occur while providing direct services
9.23to consumers in the office or in the field and may be provided to individuals or groups of
9.24case manager associates. At least two mentoring hours per week must be individual and
9.25face-to-face.
9.26 (i) A case management supervisor must meet the criteria for mental health professionals,
9.27as specified in subdivision 18.
9.28 (j) An immigrant who does not have the qualifications specified in this subdivision may
9.29provide case management services to adult immigrants with serious and persistent mental
9.30illness who are members of the same ethnic group as the case manager if the person:
9Sec. 9.
REVISOR DTT/LN 25-0204502/11/25 10.1 (1) is currently enrolled in and is actively pursuing credits toward the completion of a
10.2bachelor's degree in one of the behavioral sciences or a related field including, but not
10.3limited to, social work, psychology, or nursing from an accredited college or university;
10.4 (2) completes 40 hours of training as specified in this subdivision; and
10.5 (3) receives clinical supervision at least once a week until the requirements of this
10.6subdivision are met.
10.7 Sec. 10. Minnesota Statutes 2024, section 245.4682, subdivision 3, is amended to read:
10.8 Subd. 3.Projects for coordination of care.(a) Consistent with section 256B.69 and
10.9chapter 256L, the commissioner is authorized to solicit, approve, and implement up to three
10.10projects to demonstrate the integration of physical and mental health services within prepaid
10.11health plans and their coordination with social services. The commissioner shall require
10.12that each project be based on locally defined partnerships that include at least one health
10.13maintenance organization, community integrated service network, or accountable provider
10.14network authorized and operating under chapter 62D, 62N, or 62T, or county-based
10.15purchasing entity under section 256B.692 that is eligible to contract with the commissioner
10.16as a prepaid health plan, and the county or counties within the service area. Counties shall
10.17retain responsibility and authority for social services in these locally defined partnerships.
10.18 (b) The commissioner, in consultation with consumers, families, and their representatives,
10.19shall:
10.20 (1) determine criteria for approving the projects and use those criteria to solicit proposals
10.21for preferred integrated networks. The commissioner must develop criteria to evaluate the
10.22partnership proposed by the county and prepaid health plan to coordinate access and delivery
10.23of services. The proposal must at a minimum address how the partnership will coordinate
10.24the provision of:
10.25 (i) client outreach and identification of health and social service needs paired with
10.26expedited access to appropriate resources;
10.27 (ii) activities to maintain continuity of health care coverage;
10.28 (iii) children's residential mental health treatment and treatment foster care;
10.29 (iv) court-ordered assessments and treatments;
10.30 (v) prepetition screening and commitments under chapter 253B;
10.31 (vi) assessment and treatment of children identified through mental health screening of
10.32child welfare and juvenile corrections cases;
10Sec. 10.
REVISOR DTT/LN 25-0204502/11/25 11.1 (vii) home and community-based waiver services;
11.2 (viii) assistance with finding and maintaining employment;
11.3 (ix) housing; and
11.4 (x) transportation;
11.5 (2) determine specifications for contracts with prepaid health plans to improve the plan's
11.6ability to serve persons with mental health conditions, including specifications addressing:
11.7 (i) early identification and intervention of physical and behavioral health problems;
11.8 (ii) communication between the enrollee and the health plan;
11.9 (iii) facilitation of enrollment for persons who are also eligible for a Medicare special
11.10needs plan offered by the health plan;
11.11 (iv) risk screening procedures;
11.12 (v) health care coordination;
11.13 (vi) member services and access to applicable protections and appeal processes;
11.14 (vii) specialty provider networks;
11.15 (viii) transportation services;
11.16 (ix) treatment planning; and
11.17 (x) administrative simplification for providers;
11.18 (3) begin implementation of the projects no earlier than January 1, 2009, with not more
11.19than 40 percent of the statewide population included during calendar year 2009 and additional
11.20counties included in subsequent years;
11.21 (4) waive any administrative rule not consistent with the implementation of the projects;
11.22 (5) allow potential bidders at least 90 days to respond to the request for proposals; and
11.23 (6) conduct an independent evaluation to determine if mental health outcomes have
11.24improved in that county or counties according to measurable standards designed in
11.25consultation with the advisory body established under this subdivision and reviewed by the
11.26State Advisory Council on Mental Health.
11.27 (c) Notwithstanding any statute or administrative rule to the contrary, the commissioner
11.28may enroll all persons eligible for medical assistance with serious mental illness or emotional
11.29disturbance in the prepaid plan of their choice within the project service area unless:
11Sec. 10.
REVISOR DTT/LN 25-0204502/11/25 12.1 (1) the individual is eligible for home and community-based services for persons with
12.2developmental disabilities and related conditions under section 256B.092; or
12.3 (2) the individual has a basis for exclusion from the prepaid plan under section 256B.69,
12.4subdivision 4, other than disability, or mental illness, or emotional disturbance.
12.5 (d) The commissioner shall involve organizations representing persons with mental
12.6illness and their families in the development and distribution of information used to educate
12.7potential enrollees regarding their options for health care and mental health service delivery
12.8under this subdivision.
12.9 (e) If the person described in paragraph (c) does not elect to remain in fee-for-service
12.10medical assistance, or declines to choose a plan, the commissioner may preferentially assign
12.11that person to the prepaid plan participating in the preferred integrated network. The
12.12commissioner shall implement the enrollment changes within a project's service area on the
12.13timeline specified in that project's approved application.
12.14 (f) A person enrolled in a prepaid health plan under paragraphs (c) and (d) may disenroll
12.15from the plan at any time.
12.16 (g) The commissioner, in consultation with consumers, families, and their representatives,
12.17shall evaluate the projects begun in 2009, and shall refine the design of the service integration
12.18projects before expanding the projects. The commissioner shall report to the chairs of the
12.19legislative committees with jurisdiction over mental health services by March 1, 2008, on
12.20plans for evaluation of preferred integrated networks established under this subdivision.
12.21 (h) The commissioner shall apply for any federal waivers necessary to implement these
12.22changes.
12.23 (i) Payment for Medicaid service providers under this subdivision for the months of
12.24May and June will be made no earlier than July 1 of the same calendar year.
12.25Sec. 11. Minnesota Statutes 2024, section 245.4835, subdivision 2, is amended to read:
12.26 Subd. 2.Failure to maintain expenditures.(a) If a county does not comply with
12.27subdivision 1, the commissioner shall require the county to develop a corrective action plan
12.28according to a format and timeline established by the commissioner. If the commissioner
12.29determines that a county has not developed an acceptable corrective action plan within the
12.30required timeline, or that the county is not in compliance with an approved corrective action
12.31plan, the protections provided to that county under section 245.485 do not apply.
12Sec. 11.
REVISOR DTT/LN 25-0204502/11/25 13.1 (b) The commissioner shall consider the following factors to determine whether to
13.2approve a county's corrective action plan:
13.3 (1) the degree to which a county is maximizing revenues for mental health services from
13.4noncounty sources;
13.5 (2) the degree to which a county is expanding use of alternative services that meet mental
13.6health needs, but do not count as mental health services within existing reporting systems.
13.7If approved by the commissioner, the alternative services must be included in the county's
13.8base as well as subsequent years. The commissioner's approval for alternative services must
13.9be based on the following criteria:
13.10 (i) the service must be provided to children with emotional disturbance or adults with
13.11mental illness;
13.12 (ii) the services must be based on an individual treatment plan or individual community
13.13support plan as defined in the Comprehensive Mental Health Act; and
13.14 (iii) the services must be supervised by a mental health professional and provided by
13.15staff who meet the staff qualifications defined in sections 256B.0943, subdivision 7, and
13.16256B.0623, subdivision 5.
13.17 (c) Additional county expenditures to make up for the prior year's underspending may
13.18be spread out over a two-year period.
13.19Sec. 12. Minnesota Statutes 2024, section 245.4863, is amended to read:
13.20 245.4863 INTEGRATED CO-OCCURRING DISORDER TREATMENT.
13.21 (a) The commissioner shall require individuals who perform substance use disorder
13.22assessments to screen clients for co-occurring mental health disorders, and staff who perform
13.23mental health diagnostic assessments to screen for co-occurring substance use disorders.
13.24Screening tools must be approved by the commissioner. If a client screens positive for a
13.25co-occurring mental health or substance use disorder, the individual performing the screening
13.26must document what actions will be taken in response to the results and whether further
13.27assessments must be performed.
13.28 (b) Notwithstanding paragraph (a), screening is not required when:
13.29 (1) the presence of co-occurring disorders was documented for the client in the past 12
13.30months;
13.31 (2) the client is currently receiving co-occurring disorders treatment;
13Sec. 12.
REVISOR DTT/LN 25-0204502/11/25 14.1 (3) the client is being referred for co-occurring disorders treatment; or
14.2 (4) a mental health professional who is competent to perform diagnostic assessments of
14.3co-occurring disorders is performing a diagnostic assessment to identify whether the client
14.4may have co-occurring mental health and substance use disorders. If an individual is
14.5identified to have co-occurring mental health and substance use disorders, the assessing
14.6mental health professional must document what actions will be taken to address the client's
14.7co-occurring disorders.
14.8 (c) The commissioner shall adopt rules as necessary to implement this section. The
14.9commissioner shall ensure that the rules are effective on July 1, 2013, thereby establishing
14.10a certification process for integrated dual disorder treatment providers and a system through
14.11which individuals receive integrated dual diagnosis treatment if assessed as having both a
14.12substance use disorder and either a serious mental illness or emotional disturbance.
14.13 (d) The commissioner shall apply for any federal waivers necessary to secure, to the
14.14extent allowed by law, federal financial participation for the provision of integrated dual
14.15diagnosis treatment to persons with co-occurring disorders.
14.16Sec. 13. Minnesota Statutes 2024, section 245.487, subdivision 2, is amended to read:
14.17 Subd. 2.Findings.The legislature finds there is a need for further development of
14.18existing clinical services for emotionally disturbed children with mental illness and their
14.19families and the creation of new services for this population. Although the services specified
14.20in sections 245.487 to 245.4889 are mental health services, sections 245.487 to 245.4889
14.21emphasize the need for a child-oriented and family-oriented approach of therapeutic
14.22programming and the need for continuity of care with other community agencies. At the
14.23same time, sections 245.487 to 245.4889 emphasize the importance of developing special
14.24mental health expertise in children's mental health services because of the unique needs of
14.25this population.
14.26 Nothing in sections 245.487 to 245.4889 shall be construed to abridge the authority of
14.27the court to make dispositions under chapter 260, but the mental health services due any
14.28child with serious and persistent mental illness, as defined in section 245.462, subdivision
14.2920, or with severe emotional disturbance a serious mental illness, as defined in section
14.30245.4871, subdivision 6, shall be made a part of any disposition affecting that child.
14Sec. 13.
REVISOR DTT/LN 25-0204502/11/25 15.1 Sec. 14. Minnesota Statutes 2024, section 245.4871, subdivision 3, is amended to read:
15.2 Subd. 3.Case management services."Case management services" means activities
15.3that are coordinated with the family community support services and are designed to help
15.4the child with severe emotional disturbance serious mental illness and the child's family
15.5obtain needed mental health services, social services, educational services, health services,
15.6vocational services, recreational services, and related services in the areas of volunteer
15.7services, advocacy, transportation, and legal services. Case management services include
15.8assisting in obtaining a comprehensive diagnostic assessment, developing an individual
15.9family community support plan, and assisting the child and the child's family in obtaining
15.10needed services by coordination with other agencies and assuring continuity of care. Case
15.11managers must assess and reassess the delivery, appropriateness, and effectiveness of services
15.12over time.
15.13Sec. 15. Minnesota Statutes 2024, section 245.4871, subdivision 4, is amended to read:
15.14 Subd. 4.Case management service provider.(a) "Case management service provider"
15.15means a case manager or case manager associate employed by the county or other entity
15.16authorized by the county board to provide case management services specified in subdivision
15.173 for the child with severe emotional disturbance serious mental illness and the child's
15.18family.
15.19 (b) A case manager must:
15.20 (1) have experience and training in working with children;
15.21 (2) have at least a bachelor's degree in one of the behavioral sciences or a related field
15.22including, but not limited to, social work, psychology, or nursing from an accredited college
15.23or university or meet the requirements of paragraph (d);
15.24 (3) have experience and training in identifying and assessing a wide range of children's
15.25needs;
15.26 (4) be knowledgeable about local community resources and how to use those resources
15.27for the benefit of children and their families; and
15.28 (5) meet the supervision and continuing education requirements of paragraphs (e), (f),
15.29and (g), as applicable.
15.30 (c) A case manager may be a member of any professional discipline that is part of the
15.31local system of care for children established by the county board.
15Sec. 15.
REVISOR DTT/LN 25-0204502/11/25 16.1 (d) A case manager without a bachelor's degree must meet one of the requirements in
16.2clauses (1) to (3):
16.3 (1) have three or four years of experience as a case manager associate;
16.4 (2) be a registered nurse without a bachelor's degree who has a combination of specialized
16.5training in psychiatry and work experience consisting of community interaction and
16.6involvement or community discharge planning in a mental health setting totaling three years;
16.7or
16.8 (3) be a person who qualified as a case manager under the 1998 Department of Human
16.9Services waiver provision and meets the continuing education, supervision, and mentoring
16.10requirements in this section.
16.11 (e) A case manager with at least 2,000 hours of supervised experience in the delivery
16.12of mental health services to children must receive regular ongoing supervision and clinical
16.13supervision totaling 38 hours per year, of which at least one hour per month must be clinical
16.14supervision regarding individual service delivery with a case management supervisor. The
16.15other 26 hours of supervision may be provided by a case manager with two years of
16.16experience. Group supervision may not constitute more than one-half of the required
16.17supervision hours.
16.18 (f) A case manager without 2,000 hours of supervised experience in the delivery of
16.19mental health services to children with emotional disturbance mental illness must:
16.20 (1) begin 40 hours of training approved by the commissioner of human services in case
16.21management skills and in the characteristics and needs of children with severe emotional
16.22disturbance serious mental illness before beginning to provide case management services;
16.23and
16.24 (2) receive clinical supervision regarding individual service delivery from a mental
16.25health professional at least one hour each week until the requirement of 2,000 hours of
16.26experience is met.
16.27 (g) A case manager who is not licensed, registered, or certified by a health-related
16.28licensing board must receive 30 hours of continuing education and training in severe
16.29emotional disturbance serious mental illness and mental health services every two years.
16.30 (h) Clinical supervision must be documented in the child's record. When the case manager
16.31is not a mental health professional, the county board must provide or contract for needed
16.32clinical supervision.
16Sec. 15.
REVISOR DTT/LN 25-0204502/11/25 17.1 (i) The county board must ensure that the case manager has the freedom to access and
17.2coordinate the services within the local system of care that are needed by the child.
17.3 (j) A case manager associate (CMA) must:
17.4 (1) work under the direction of a case manager or case management supervisor;
17.5 (2) be at least 21 years of age;
17.6 (3) have at least a high school diploma or its equivalent; and
17.7 (4) meet one of the following criteria:
17.8 (i) have an associate of arts degree in one of the behavioral sciences or human services;
17.9 (ii) be a registered nurse without a bachelor's degree;
17.10 (iii) have three years of life experience as a primary caregiver to a child with serious
17.11emotional disturbance mental illness as defined in subdivision 6 within the previous ten
17.12years;
17.13 (iv) have 6,000 hours work experience as a nondegreed state hospital technician; or
17.14 (v) have 6,000 hours of supervised work experience in the delivery of mental health
17.15services to children with emotional disturbances mental illness; hours worked as a mental
17.16health behavioral aide I or II under section 256B.0943, subdivision 7, may count toward
17.17the 6,000 hours of supervised work experience.
17.18 Individuals meeting one of the criteria in items (i) to (iv) may qualify as a case manager
17.19after four years of supervised work experience as a case manager associate. Individuals
17.20meeting the criteria in item (v) may qualify as a case manager after three years of supervised
17.21experience as a case manager associate.
17.22 (k) Case manager associates must meet the following supervision, mentoring, and
17.23continuing education requirements;
17.24 (1) have 40 hours of preservice training described under paragraph (f), clause (1);
17.25 (2) receive at least 40 hours of continuing education in severe emotional disturbance
17.26serious mental illness and mental health service annually; and
17.27 (3) receive at least five hours of mentoring per week from a case management mentor.
17.28A "case management mentor" means a qualified, practicing case manager or case management
17.29supervisor who teaches or advises and provides intensive training and clinical supervision
17.30to one or more case manager associates. Mentoring may occur while providing direct services
17.31to consumers in the office or in the field and may be provided to individuals or groups of
17Sec. 15.
REVISOR DTT/LN 25-0204502/11/25 18.1case manager associates. At least two mentoring hours per week must be individual and
18.2face-to-face.
18.3 (l) A case management supervisor must meet the criteria for a mental health professional
18.4as specified in subdivision 27.
18.5 (m) An immigrant who does not have the qualifications specified in this subdivision
18.6may provide case management services to child immigrants with severe emotional
18.7disturbance serious mental illness of the same ethnic group as the immigrant if the person:
18.8 (1) is currently enrolled in and is actively pursuing credits toward the completion of a
18.9bachelor's degree in one of the behavioral sciences or related fields at an accredited college
18.10or university;
18.11 (2) completes 40 hours of training as specified in this subdivision; and
18.12 (3) receives clinical supervision at least once a week until the requirements of obtaining
18.13a bachelor's degree and 2,000 hours of supervised experience are met.
18.14Sec. 16. Minnesota Statutes 2024, section 245.4871, subdivision 6, is amended to read:
18.15 Subd. 6.Child with severe emotional disturbance serious mental illness.For purposes
18.16of eligibility for case management and family community support services, "child with
18.17severe emotional disturbance serious mental illness" means a child who has an emotional
18.18disturbance a mental illness and who meets one of the following criteria:
18.19 (1) the child has been admitted within the last three years or is at risk of being admitted
18.20to inpatient treatment or residential treatment for an emotional disturbance a mental illness;
18.21or
18.22 (2) the child is a Minnesota resident and is receiving inpatient treatment or residential
18.23treatment for an emotional disturbance a mental illness through the interstate compact; or
18.24 (3) the child has one of the following as determined by a mental health professional:
18.25 (i) psychosis or a clinical depression; or
18.26 (ii) risk of harming self or others as a result of an emotional disturbance a mental illness;
18.27or
18.28 (iii) psychopathological symptoms as a result of being a victim of physical or sexual
18.29abuse or of psychic trauma within the past year; or
18.30 (4) the child, as a result of an emotional disturbance a mental illness, has significantly
18.31impaired home, school, or community functioning that has lasted at least one year or that,
18Sec. 16.
REVISOR DTT/LN 25-0204502/11/25 19.1in the written opinion of a mental health professional, presents substantial risk of lasting at
19.2least one year.
19.3 Sec. 17. Minnesota Statutes 2024, section 245.4871, subdivision 13, is amended to read:
19.4 Subd. 13.Education and prevention services.(a) "Education and prevention services"
19.5means services designed to:
19.6 (1) educate the general public;
19.7 (2) increase the understanding and acceptance of problems associated with emotional
19.8disturbances children's mental illnesses;
19.9 (3) improve people's skills in dealing with high-risk situations known to affect children's
19.10mental health and functioning; and
19.11 (4) refer specific children or their families with mental health needs to mental health
19.12services.
19.13 (b) The services include distribution to individuals and agencies identified by the county
19.14board and the local children's mental health advisory council of information on predictors
19.15and symptoms of emotional disturbances mental illnesses, where mental health services are
19.16available in the county, and how to access the services.
19.17Sec. 18. Minnesota Statutes 2024, section 245.4871, subdivision 15, is amended to read:
19.18 Subd. 15.Emotional disturbance Mental illness."Emotional disturbance" "Mental
19.19illness" means an organic disorder of the brain or a clinically significant disorder of thought,
19.20mood, perception, orientation, memory, or behavior that:
19.21 (1) is detailed in a diagnostic codes list published by the commissioner; and
19.22 (2) seriously limits a child's capacity to function in primary aspects of daily living such
19.23as personal relations, living arrangements, work, school, and recreation.
19.24 "Emotional disturbance" Mental illness is a generic term and is intended to reflect all
19.25categories of disorder described in the clinical code list published by the commissioner as
19.26"usually first evident in childhood or adolescence."
19.27Sec. 19. Minnesota Statutes 2024, section 245.4871, subdivision 17, is amended to read:
19.28 Subd. 17.Family community support services."Family community support services"
19.29means services provided under the treatment supervision of a mental health professional
19.30and designed to help each child with severe emotional disturbance serious mental illness to
19Sec. 19.
REVISOR DTT/LN 25-0204502/11/25 20.1function and remain with the child's family in the community. Family community support
20.2services do not include acute care hospital inpatient treatment, residential treatment services,
20.3or regional treatment center services. Family community support services include:
20.4 (1) client outreach to each child with severe emotional disturbance serious mental illness
20.5and the child's family;
20.6 (2) medication monitoring where necessary;
20.7 (3) assistance in developing independent living skills;
20.8 (4) assistance in developing parenting skills necessary to address the needs of the child
20.9with severe emotional disturbance serious mental illness;
20.10 (5) assistance with leisure and recreational activities;
20.11 (6) crisis planning, including crisis placement and respite care;
20.12 (7) professional home-based family treatment;
20.13 (8) foster care with therapeutic supports;
20.14 (9) day treatment;
20.15 (10) assistance in locating respite care and special needs day care; and
20.16 (11) assistance in obtaining potential financial resources, including those benefits listed
20.17in section 245.4884, subdivision 5.
20.18Sec. 20. Minnesota Statutes 2024, section 245.4871, subdivision 19, is amended to read:
20.19 Subd. 19.Individual family community support plan."Individual family community
20.20support plan" means a written plan developed by a case manager in conjunction with the
20.21family and the child with severe emotional disturbance serious mental illness on the basis
20.22of a diagnostic assessment and a functional assessment. The plan identifies specific services
20.23needed by a child and the child's family to:
20.24 (1) treat the symptoms and dysfunctions determined in the diagnostic assessment;
20.25 (2) relieve conditions leading to emotional disturbance mental illness and improve the
20.26personal well-being of the child;
20.27 (3) improve family functioning;
20.28 (4) enhance daily living skills;
20.29 (5) improve functioning in education and recreation settings;
20Sec. 20.
REVISOR DTT/LN 25-0204502/11/25 21.1 (6) improve interpersonal and family relationships;
21.2 (7) enhance vocational development; and
21.3 (8) assist in obtaining transportation, housing, health services, and employment.
21.4 Sec. 21. Minnesota Statutes 2024, section 245.4871, subdivision 21, is amended to read:
21.5 Subd. 21.Individual treatment plan.(a) "Individual treatment plan" means the
21.6formulation of planned services that are responsive to the needs and goals of a client. An
21.7individual treatment plan must be completed according to section 245I.10, subdivisions 7
21.8and 8.
21.9 (b) A children's residential facility licensed under Minnesota Rules, chapter 2960, is
21.10exempt from the requirements of section 245I.10, subdivisions 7 and 8. Instead, the individual
21.11treatment plan must:
21.12 (1) include a written plan of intervention, treatment, and services for a child with an
21.13emotional disturbance a mental illness that the service provider develops under the clinical
21.14supervision of a mental health professional on the basis of a diagnostic assessment;
21.15 (2) be developed in conjunction with the family unless clinically inappropriate; and
21.16 (3) identify goals and objectives of treatment, treatment strategy, a schedule for
21.17accomplishing treatment goals and objectives, and the individuals responsible for providing
21.18treatment to the child with an emotional disturbance a mental illness.
21.19Sec. 22. Minnesota Statutes 2024, section 245.4871, subdivision 22, is amended to read:
21.20 Subd. 22.Legal representative."Legal representative" means a guardian, conservator,
21.21or guardian ad litem of a child with an emotional disturbance a mental illness authorized
21.22by the court to make decisions about mental health services for the child.
21.23Sec. 23. Minnesota Statutes 2024, section 245.4871, subdivision 28, is amended to read:
21.24 Subd. 28.Mental health services."Mental health services" means at least all of the
21.25treatment services and case management activities that are provided to children with
21.26emotional disturbances mental illnesses and are described in sections 245.487 to 245.4889.
21.27Sec. 24. Minnesota Statutes 2024, section 245.4871, subdivision 29, is amended to read:
21.28 Subd. 29.Outpatient services."Outpatient services" means mental health services,
21.29excluding day treatment and community support services programs, provided by or under
21Sec. 24.
REVISOR DTT/LN 25-0204502/11/25 22.1the treatment supervision of a mental health professional to children with emotional
22.2disturbances mental illnesses who live outside a hospital. Outpatient services include clinical
22.3activities such as individual, group, and family therapy; individual treatment planning;
22.4diagnostic assessments; medication management; and psychological testing.
22.5 Sec. 25. Minnesota Statutes 2024, section 245.4871, subdivision 31, is amended to read:
22.6 Subd. 31.Professional home-based family treatment.(a) "Professional home-based
22.7family treatment" means intensive mental health services provided to children because of
22.8an emotional disturbance a mental illness: (1) who are at risk of out-of-home placement
22.9residential treatment or therapeutic foster care; (2) who are in out-of-home placement
22.10residential treatment or therapeutic foster care; or (3) who are returning from out-of-home
22.11placement residential treatment or therapeutic foster care.
22.12 (b) Services are provided to the child and the child's family primarily in the child's home
22.13environment. Services may also be provided in the child's school, child care setting, or other
22.14community setting appropriate to the child. Services must be provided on an individual
22.15family basis, must be child-oriented and family-oriented, and must be designed using
22.16information from diagnostic and functional assessments to meet the specific mental health
22.17needs of the child and the child's family. Services must be coordinated with other services
22.18provided to the child and family.
22.19 (c) Examples of services are: (1) individual therapy; (2) family therapy; (3) client
22.20outreach; (4) assistance in developing individual living skills; (5) assistance in developing
22.21parenting skills necessary to address the needs of the child; (6) assistance with leisure and
22.22recreational services; (7) crisis planning, including crisis respite care and arranging for crisis
22.23placement; and (8) assistance in locating respite and child care. Services must be coordinated
22.24with other services provided to the child and family.
22.25Sec. 26. Minnesota Statutes 2024, section 245.4871, subdivision 32, is amended to read:
22.26 Subd. 32.Residential treatment."Residential treatment" means a 24-hour-a-day program
22.27under the treatment supervision of a mental health professional, in a community residential
22.28setting other than an acute care hospital or regional treatment center inpatient unit, that must
22.29be licensed as a residential treatment program for children with emotional disturbances
22.30mental illnesses under Minnesota Rules, parts 2960.0580 to 2960.0700, or other rules adopted
22.31by the commissioner.
22Sec. 26.
REVISOR DTT/LN 25-0204502/11/25 23.1 Sec. 27. Minnesota Statutes 2024, section 245.4871, subdivision 34, is amended to read:
23.2 Subd. 34.Therapeutic support of foster care."Therapeutic support of foster care"
23.3means the mental health training and mental health support services and treatment supervision
23.4provided by a mental health professional to foster families caring for children with severe
23.5emotional disturbance serious mental illnesses to provide a therapeutic family environment
23.6and support for the child's improved functioning. Therapeutic support of foster care includes
23.7services provided under section 256B.0946.
23.8 Sec. 28. Minnesota Statutes 2024, section 245.4873, subdivision 2, is amended to read:
23.9 Subd. 2.State level; coordination.The Children's Cabinet, under section 4.045, in
23.10consultation with a representative of the Minnesota District Judges Association Juvenile
23.11Committee, shall:
23.12 (1) educate each agency about the policies, procedures, funding, and services for children
23.13with emotional disturbances mental illnesses of all agencies represented;
23.14 (2) develop mechanisms for interagency coordination on behalf of children with emotional
23.15disturbances mental illnesses;
23.16 (3) identify barriers including policies and procedures within all agencies represented
23.17that interfere with delivery of mental health services for children;
23.18 (4) recommend policy and procedural changes needed to improve development and
23.19delivery of mental health services for children in the agency or agencies they represent; and
23.20 (5) identify mechanisms for better use of federal and state funding in the delivery of
23.21mental health services for children.
23.22Sec. 29. Minnesota Statutes 2024, section 245.4874, subdivision 1, is amended to read:
23.23 Subdivision 1.Duties of county board.(a) The county board must:
23.24 (1) develop a system of affordable and locally available children's mental health services
23.25according to sections 245.487 to 245.4889;
23.26 (2) consider the assessment of unmet needs in the county as reported by the local
23.27children's mental health advisory council under section 245.4875, subdivision 5, paragraph
23.28(b), clause (3). The county shall provide, upon request of the local children's mental health
23.29advisory council, readily available data to assist in the determination of unmet needs;
23.30 (3) assure that parents and providers in the county receive information about how to
23.31gain access to services provided according to sections 245.487 to 245.4889;
23Sec. 29.
REVISOR DTT/LN 25-0204502/11/25 24.1 (4) coordinate the delivery of children's mental health services with services provided
24.2by social services, education, corrections, health, and vocational agencies to improve the
24.3availability of mental health services to children and the cost-effectiveness of their delivery;
24.4 (5) assure that mental health services delivered according to sections 245.487 to 245.4889
24.5are delivered expeditiously and are appropriate to the child's diagnostic assessment and
24.6individual treatment plan;
24.7 (6) provide for case management services to each child with severe emotional disturbance
24.8serious mental illness according to sections 245.486; 245.4871, subdivisions 3 and 4; and
24.9245.4881, subdivisions 1, 3, and 5;
24.10 (7) provide for screening of each child under section 245.4885 upon admission to a
24.11residential treatment facility, acute care hospital inpatient treatment, or informal admission
24.12to a regional treatment center;
24.13 (8) prudently administer grants and purchase-of-service contracts that the county board
24.14determines are necessary to fulfill its responsibilities under sections 245.487 to 245.4889;
24.15 (9) assure that mental health professionals, mental health practitioners, and case managers
24.16employed by or under contract to the county to provide mental health services are qualified
24.17under section 245.4871;
24.18 (10) assure that children's mental health services are coordinated with adult mental health
24.19services specified in sections 245.461 to 245.486 so that a continuum of mental health
24.20services is available to serve persons with mental illness, regardless of the person's age;
24.21 (11) assure that culturally competent mental health consultants are used as necessary to
24.22assist the county board in assessing and providing appropriate treatment for children of
24.23cultural or racial minority heritage; and
24.24 (12) consistent with section 245.486, arrange for or provide a children's mental health
24.25screening for:
24.26 (i) a child receiving child protective services;
24.27 (ii) a child in out-of-home placement residential treatment or therapeutic foster care;
24.28 (iii) a child for whom parental rights have been terminated;
24.29 (iv) a child found to be delinquent; or
24.30 (v) a child found to have committed a juvenile petty offense for the third or subsequent
24.31time.
24Sec. 29.
REVISOR DTT/LN 25-0204502/11/25 25.1 A children's mental health screening is not required when a screening or diagnostic
25.2assessment has been performed within the previous 180 days, or the child is currently under
25.3the care of a mental health professional.
25.4 (b) When a child is receiving protective services or is in out-of-home placement
25.5residential treatment or foster care, the court or county agency must notify a parent or
25.6guardian whose parental rights have not been terminated of the potential mental health
25.7screening and the option to prevent the screening by notifying the court or county agency
25.8in writing.
25.9 (c) When a child is found to be delinquent or a child is found to have committed a
25.10juvenile petty offense for the third or subsequent time, the court or county agency must
25.11obtain written informed consent from the parent or legal guardian before a screening is
25.12conducted unless the court, notwithstanding the parent's failure to consent, determines that
25.13the screening is in the child's best interest.
25.14 (d) The screening shall be conducted with a screening instrument approved by the
25.15commissioner of human services according to criteria that are updated and issued annually
25.16to ensure that approved screening instruments are valid and useful for child welfare and
25.17juvenile justice populations. Screenings shall be conducted by a mental health practitioner
25.18as defined in section 245.4871, subdivision 26, or a probation officer or local social services
25.19agency staff person who is trained in the use of the screening instrument. Training in the
25.20use of the instrument shall include:
25.21 (1) training in the administration of the instrument;
25.22 (2) the interpretation of its validity given the child's current circumstances;
25.23 (3) the state and federal data practices laws and confidentiality standards;
25.24 (4) the parental consent requirement; and
25.25 (5) providing respect for families and cultural values.
25.26 If the screen indicates a need for assessment, the child's family, or if the family lacks
25.27mental health insurance, the local social services agency, in consultation with the child's
25.28family, shall have conducted a diagnostic assessment, including a functional assessment.
25.29The administration of the screening shall safeguard the privacy of children receiving the
25.30screening and their families and shall comply with the Minnesota Government Data Practices
25.31Act, chapter 13, and the federal Health Insurance Portability and Accountability Act of
25.321996, Public Law 104-191. Screening results are classified as private data on individuals,
25.33as defined by section 13.02, subdivision 12. The county board or Tribal nation may provide
25Sec. 29.
REVISOR DTT/LN 25-0204502/11/25 26.1the commissioner with access to the screening results for the purposes of program evaluation
26.2and improvement.
26.3 (e) When the county board refers clients to providers of children's therapeutic services
26.4and supports under section 256B.0943, the county board must clearly identify the desired
26.5services components not covered under section 256B.0943 and identify the reimbursement
26.6source for those requested services, the method of payment, and the payment rate to the
26.7provider.
26.8 Sec. 30. Minnesota Statutes 2024, section 245.4875, subdivision 5, is amended to read:
26.9 Subd. 5.Local children's advisory council.(a) By October 1, 1989, the county board,
26.10individually or in conjunction with other county boards, shall establish a local children's
26.11mental health advisory council or children's mental health subcommittee of the existing
26.12local mental health advisory council or shall include persons on its existing mental health
26.13advisory council who are representatives of children's mental health interests. The following
26.14individuals must serve on the local children's mental health advisory council, the children's
26.15mental health subcommittee of an existing local mental health advisory council, or be
26.16included on an existing mental health advisory council: (1) at least one person who was in
26.17a mental health program as a child or adolescent; (2) at least one parent of a child or
26.18adolescent with severe emotional disturbance serious mental illness; (3) one children's
26.19mental health professional; (4) representatives of minority populations of significant size
26.20residing in the county; (5) a representative of the children's mental health local coordinating
26.21council; and (6) one family community support services program representative.
26.22 (b) The local children's mental health advisory council or children's mental health
26.23subcommittee of an existing advisory council shall seek input from parents, former
26.24consumers, providers, and others about the needs of children with emotional disturbance
26.25mental illness in the local area and services needed by families of these children, and shall
26.26meet monthly, unless otherwise determined by the council or subcommittee, but not less
26.27than quarterly, to review, evaluate, and make recommendations regarding the local children's
26.28mental health system. Annually, the local children's mental health advisory council or
26.29children's mental health subcommittee of the existing local mental health advisory council
26.30shall:
26.31 (1) arrange for input from the local system of care providers regarding coordination of
26.32care between the services;
26.33 (2) identify for the county board the individuals, providers, agencies, and associations
26.34as specified in section 245.4877, clause (2); and
26Sec. 30.
REVISOR DTT/LN 25-0204502/11/25 27.1 (3) provide to the county board a report of unmet mental health needs of children residing
27.2in the county.
27.3 (c) The county board shall consider the advice of its local children's mental health
27.4advisory council or children's mental health subcommittee of the existing local mental health
27.5advisory council in carrying out its authorities and responsibilities.
27.6 Sec. 31. Minnesota Statutes 2024, section 245.4876, subdivision 4, is amended to read:
27.7 Subd. 4.Referral for case management.Each provider of emergency services, outpatient
27.8treatment, community support services, family community support services, day treatment
27.9services, screening under section 245.4885, professional home-based family treatment
27.10services, residential treatment facilities, acute care hospital inpatient treatment facilities, or
27.11regional treatment center services must inform each child with severe emotional disturbance
27.12serious mental illness, and the child's parent or legal representative, of the availability and
27.13potential benefits to the child of case management. The information shall be provided as
27.14specified in subdivision 5. If consent is obtained according to subdivision 5, the provider
27.15must refer the child by notifying the county employee designated by the county board to
27.16coordinate case management activities of the child's name and address and by informing
27.17the child's family of whom to contact to request case management. The provider must
27.18document compliance with this subdivision in the child's record. The parent or child may
27.19directly request case management even if there has been no referral.
27.20Sec. 32. Minnesota Statutes 2024, section 245.4876, subdivision 5, is amended to read:
27.21 Subd. 5.Consent for services or for release of information.(a) Although sections
27.22245.487 to 245.4889 require each county board, within the limits of available resources, to
27.23make the mental health services listed in those sections available to each child residing in
27.24the county who needs them, the county board shall not provide any services, either directly
27.25or by contract, unless consent to the services is obtained under this subdivision. The case
27.26manager assigned to a child with a severe emotional disturbance serious mental illness shall
27.27not disclose to any person other than the case manager's immediate supervisor and the mental
27.28health professional providing clinical supervision of the case manager information on the
27.29child, the child's family, or services provided to the child or the child's family without
27.30informed written consent unless required to do so by statute or under the Minnesota
27.31Government Data Practices Act. Informed written consent must comply with section 13.05,
27.32subdivision 4, paragraph (d), and specify the purpose and use for which the case manager
27.33may disclose the information.
27Sec. 32.
REVISOR DTT/LN 25-0204502/11/25 28.1 (b) The consent or authorization must be obtained from the child's parent unless: (1) the
28.2parental rights are terminated; or (2) consent is otherwise provided under sections 144.341
28.3to 144.347; 253B.04, subdivision 1; 260C.148; 260C.151; and 260C.201, subdivision 1,
28.4the terms of appointment of a court-appointed guardian or conservator, or federal regulations
28.5governing substance use disorder services.
28.6 Sec. 33. Minnesota Statutes 2024, section 245.4877, is amended to read:
28.7 245.4877 EDUCATION AND PREVENTION SERVICES.
28.8 Education and prevention services must be available to all children residing in the county.
28.9Education and prevention services must be designed to:
28.10 (1) convey information regarding emotional disturbances mental illnesses, mental health
28.11needs, and treatment resources to the general public;
28.12 (2) at least annually, distribute to individuals and agencies identified by the county board
28.13and the local children's mental health advisory council information on predictors and
28.14symptoms of emotional disturbances mental illnesses, where mental health services are
28.15available in the county, and how to access the services;
28.16 (3) increase understanding and acceptance of problems associated with emotional
28.17disturbances mental illnesses;
28.18 (4) improve people's skills in dealing with high-risk situations known to affect children's
28.19mental health and functioning;
28.20 (5) prevent development or deepening of emotional disturbances mental illnesses; and
28.21 (6) refer each child with emotional disturbance mental illness or the child's family with
28.22additional mental health needs to appropriate mental health services.
28.23Sec. 34. Minnesota Statutes 2024, section 245.488, subdivision 1, is amended to read:
28.24 Subdivision 1.Availability of outpatient services.(a) County boards must provide or
28.25contract for enough outpatient services within the county to meet the needs of each child
28.26with emotional disturbance mental illness residing in the county and the child's family.
28.27Services may be provided directly by the county through county-operated mental health
28.28clinics meeting the standards of chapter 245I; by contract with privately operated mental
28.29health clinics meeting the standards of chapter 245I; by contract with hospital mental health
28.30outpatient programs certified by the Joint Commission on Accreditation of Hospital
28.31Organizations; or by contract with a mental health professional. A child or a child's parent
28Sec. 34.
REVISOR DTT/LN 25-0204502/11/25 29.1may be required to pay a fee based in accordance with section 245.481. Outpatient services
29.2include:
29.3 (1) conducting diagnostic assessments;
29.4 (2) conducting psychological testing;
29.5 (3) developing or modifying individual treatment plans;
29.6 (4) making referrals and recommending placements as appropriate;
29.7 (5) treating the child's mental health needs through therapy; and
29.8 (6) prescribing and managing medication and evaluating the effectiveness of prescribed
29.9medication.
29.10 (b) County boards may request a waiver allowing outpatient services to be provided in
29.11a nearby trade area if it is determined that the child requires necessary and appropriate
29.12services that are only available outside the county.
29.13 (c) Outpatient services offered by the county board to prevent placement must be at the
29.14level of treatment appropriate to the child's diagnostic assessment.
29.15Sec. 35. Minnesota Statutes 2024, section 245.488, subdivision 3, is amended to read:
29.16 Subd. 3.Mental health crisis services.County boards must provide or contract for
29.17mental health crisis services within the county to meet the needs of children with emotional
29.18disturbance mental illness residing in the county who are determined, through an assessment
29.19by a mental health professional, to be experiencing a mental health crisis or mental health
29.20emergency. The mental health crisis services provided must be medically necessary, as
29.21defined in section 62Q.53, subdivision 2, and necessary for the safety of the child or others
29.22regardless of the setting.
29.23Sec. 36. Minnesota Statutes 2024, section 245.4881, subdivision 1, is amended to read:
29.24 Subdivision 1.Availability of case management services.(a) The county board shall
29.25provide case management services for each child with severe emotional disturbance serious
29.26mental illness who is a resident of the county and the child's family who request or consent
29.27to the services. Case management services must be offered to a child with a serious emotional
29.28disturbance mental illness who is over the age of 18 consistent with section 245.4875,
29.29subdivision 8, or the child's legal representative, provided the child's service needs can be
29.30met within the children's service system. Before discontinuing case management services
29.31under this subdivision for children between the ages of 17 and 21, a transition plan must be
29Sec. 36.
REVISOR DTT/LN 25-0204502/11/25 30.1developed. The transition plan must be developed with the child and, with the consent of a
30.2child age 18 or over, the child's parent, guardian, or legal representative. The transition plan
30.3should include plans for health insurance, housing, education, employment, and treatment.
30.4Staffing ratios must be sufficient to serve the needs of the clients. The case manager must
30.5meet the requirements in section 245.4871, subdivision 4.
30.6 (b) Except as permitted by law and the commissioner under demonstration projects, case
30.7management services provided to children with severe emotional disturbance serious mental
30.8illness eligible for medical assistance must be billed to the medical assistance program under
30.9sections 256B.02, subdivision 8, and 256B.0625.
30.10 (c) Case management services are eligible for reimbursement under the medical assistance
30.11program. Costs of mentoring, supervision, and continuing education may be included in the
30.12reimbursement rate methodology used for case management services under the medical
30.13assistance program.
30.14Sec. 37. Minnesota Statutes 2024, section 245.4881, subdivision 4, is amended to read:
30.15 Subd. 4.Individual family community support plan.(a) For each child, the case
30.16manager must develop an individual family community support plan that incorporates the
30.17child's individual treatment plan. The individual treatment plan may not be a substitute for
30.18the development of an individual family community support plan. The case manager is
30.19responsible for developing the individual family community support plan within 30 days
30.20of intake based on a diagnostic assessment and for implementing and monitoring the delivery
30.21of services according to the individual family community support plan. The case manager
30.22must review the plan at least every 180 calendar days after it is developed, unless the case
30.23manager has received a written request from the child's family or an advocate for the child
30.24for a review of the plan every 90 days after it is developed. To the extent appropriate, the
30.25child with severe emotional disturbance serious mental illness, the child's family, advocates,
30.26service providers, and significant others must be involved in all phases of development and
30.27implementation of the individual family community support plan. Notwithstanding the lack
30.28of an individual family community support plan, the case manager shall assist the child and
30.29child's family in accessing the needed services listed in section 245.4884, subdivision 1.
30.30 (b) The child's individual family community support plan must state:
30.31 (1) the goals and expected outcomes of each service and criteria for evaluating the
30.32effectiveness and appropriateness of the service;
30.33 (2) the activities for accomplishing each goal;
30Sec. 37.
REVISOR DTT/LN 25-0204502/11/25 31.1 (3) a schedule for each activity; and
31.2 (4) the frequency of face-to-face contacts by the case manager, as appropriate to client
31.3need and the implementation of the individual family community support plan.
31.4 Sec. 38. Minnesota Statutes 2024, section 245.4882, subdivision 1, is amended to read:
31.5 Subdivision 1.Availability of residential treatment services.County boards must
31.6provide or contract for enough residential treatment services to meet the needs of each child
31.7with severe emotional disturbance serious mental illness residing in the county and needing
31.8this level of care. Length of stay is based on the child's residential treatment need and shall
31.9be reviewed every 90 days. Services must be appropriate to the child's age and treatment
31.10needs and must be made available as close to the county as possible. Residential treatment
31.11must be designed to:
31.12 (1) help the child improve family living and social interaction skills;
31.13 (2) help the child gain the necessary skills to return to the community;
31.14 (3) stabilize crisis admissions; and
31.15 (4) work with families throughout the placement to improve the ability of the families
31.16to care for children with severe emotional disturbance serious mental illness in the home.
31.17Sec. 39. Minnesota Statutes 2024, section 245.4882, subdivision 5, is amended to read:
31.18 Subd. 5.Specialized residential treatment services.The commissioner of human
31.19services shall continue efforts to further interagency collaboration to develop a comprehensive
31.20system of services, including family community support and specialized residential treatment
31.21services for children. The services shall be designed for children with emotional disturbance
31.22mental illness who exhibit violent or destructive behavior and for whom local treatment
31.23services are not feasible due to the small number of children statewide who need the services
31.24and the specialized nature of the services required. The services shall be located in community
31.25settings.
31.26Sec. 40. Minnesota Statutes 2024, section 245.4884, is amended to read:
31.27 245.4884 FAMILY COMMUNITY SUPPORT SERVICES.
31.28 Subdivision 1.Availability of family community support services.By July 1, 1991,
31.29county boards must provide or contract for sufficient family community support services
31.30within the county to meet the needs of each child with severe emotional disturbance serious
31Sec. 40.
REVISOR DTT/LN 25-0204502/11/25 32.1mental illness who resides in the county and the child's family. Children or their parents
32.2may be required to pay a fee in accordance with section 245.481.
32.3 Family community support services must be designed to improve the ability of children
32.4with severe emotional disturbance serious mental illness to:
32.5 (1) manage basic activities of daily living;
32.6 (2) function appropriately in home, school, and community settings;
32.7 (3) participate in leisure time or community youth activities;
32.8 (4) set goals and plans;
32.9 (5) reside with the family in the community;
32.10 (6) participate in after-school and summer activities;
32.11 (7) make a smooth transition among mental health and education services provided to
32.12children; and
32.13 (8) make a smooth transition into the adult mental health system as appropriate.
32.14 In addition, family community support services must be designed to improve overall
32.15family functioning if clinically appropriate to the child's needs, and to reduce the need for
32.16and use of placements more intensive, costly, or restrictive both in the number of admissions
32.17and lengths of stay than indicated by the child's diagnostic assessment.
32.18 The commissioner of human services shall work with mental health professionals to
32.19develop standards for clinical supervision of family community support services. These
32.20standards shall be incorporated in rule and in guidelines for grants for family community
32.21support services.
32.22 Subd. 2.Day treatment services provided.(a) Day treatment services must be part of
32.23the family community support services available to each child with severe emotional
32.24disturbance serious mental illness residing in the county. A child or the child's parent may
32.25be required to pay a fee according to section 245.481. Day treatment services must be
32.26designed to:
32.27 (1) provide a structured environment for treatment;
32.28 (2) provide support for residing in the community;
32.29 (3) prevent placements that are more intensive, costly, or restrictive than necessary to
32.30meet the child's need;
32.31 (4) coordinate with or be offered in conjunction with the child's education program;
32Sec. 40.
REVISOR DTT/LN 25-0204502/11/25 33.1 (5) provide therapy and family intervention for children that are coordinated with
33.2education services provided and funded by schools; and
33.3 (6) operate during all 12 months of the year.
33.4 (b) County boards may request a waiver from including day treatment services if they
33.5can document that:
33.6 (1) alternative services exist through the county's family community support services
33.7for each child who would otherwise need day treatment services; and
33.8 (2) county demographics and geography make the provision of day treatment services
33.9cost ineffective and unfeasible.
33.10 Subd. 3.Professional home-based family treatment provided.(a) By January 1, 1991,
33.11county boards must provide or contract for sufficient professional home-based family
33.12treatment within the county to meet the needs of each child with severe emotional disturbance
33.13serious mental illness who is at risk of out-of-home placement residential treatment or
33.14therapeutic foster care due to the child's emotional disturbance mental illness or who is
33.15returning to the home from out-of-home placement residential treatment or therapeutic
33.16foster care. The child or the child's parent may be required to pay a fee according to section
33.17245.481. The county board shall require that all service providers of professional home-based
33.18family treatment set fee schedules approved by the county board that are based on the child's
33.19or family's ability to pay. The professional home-based family treatment must be designed
33.20to assist each child with severe emotional disturbance serious mental illness who is at risk
33.21of or who is returning from out-of-home placement residential treatment or therapeutic
33.22foster care and the child's family to:
33.23 (1) improve overall family functioning in all areas of life;
33.24 (2) treat the child's symptoms of emotional disturbance mental illness that contribute to
33.25a risk of out-of-home placement residential treatment or therapeutic foster care;
33.26 (3) provide a positive change in the emotional, behavioral, and mental well-being of
33.27children and their families; and
33.28 (4) reduce risk of out-of-home placement residential treatment or therapeutic foster care
33.29for the identified child with severe emotional disturbance serious mental illness and other
33.30siblings or successfully reunify and reintegrate into the family a child returning from
33.31out-of-home placement residential treatment or therapeutic foster care due to emotional
33.32disturbance mental illness.
33Sec. 40.
REVISOR DTT/LN 25-0204502/11/25 34.1 (b) Professional home-based family treatment must be provided by a team consisting of
34.2a mental health professional and others who are skilled in the delivery of mental health
34.3services to children and families in conjunction with other human service providers. The
34.4professional home-based family treatment team must maintain flexible hours of service
34.5availability and must provide or arrange for crisis services for each family, 24 hours a day,
34.6seven days a week. Case loads for each professional home-based family treatment team
34.7must be small enough to permit the delivery of intensive services and to meet the needs of
34.8the family. Professional home-based family treatment providers shall coordinate services
34.9and service needs with case managers assigned to children and their families. The treatment
34.10team must develop an individual treatment plan that identifies the specific treatment
34.11objectives for both the child and the family.
34.12 Subd. 4.Therapeutic support of foster care.By January 1, 1992, county boards must
34.13provide or contract for foster care with therapeutic support as defined in section 245.4871,
34.14subdivision 34. Foster families caring for children with severe emotional disturbance serious
34.15mental illness must receive training and supportive services, as necessary, at no cost to the
34.16foster families within the limits of available resources.
34.17 Subd. 5.Benefits assistance.The county board must offer help to a child with severe
34.18emotional disturbance serious mental illness and the child's family in applying for federal
34.19benefits, including Supplemental Security Income, medical assistance, and Medicare.
34.20Sec. 41. Minnesota Statutes 2024, section 245.4885, subdivision 1, is amended to read:
34.21 Subdivision 1.Admission criteria.(a) Prior to admission or placement, except in the
34.22case of an emergency, all children referred for treatment of severe emotional disturbance
34.23serious mental illness in a treatment foster care setting, residential treatment facility, or
34.24informally admitted to a regional treatment center shall undergo an assessment to determine
34.25the appropriate level of care if county funds are used to pay for the child's services. An
34.26emergency includes when a child is in need of and has been referred for crisis stabilization
34.27services under section 245.4882, subdivision 6. A child who has been referred to residential
34.28treatment for crisis stabilization services in a residential treatment center is not required to
34.29undergo an assessment under this section.
34.30 (b) The county board shall determine the appropriate level of care for a child when
34.31county-controlled funds are used to pay for the child's residential treatment under this
34.32chapter, including residential treatment provided in a qualified residential treatment program
34.33as defined in section 260C.007, subdivision 26d. When a county board does not have
34.34responsibility for a child's placement and the child is enrolled in a prepaid health program
34Sec. 41.
REVISOR DTT/LN 25-0204502/11/25 35.1under section 256B.69, the enrolled child's contracted health plan must determine the
35.2appropriate level of care for the child. When Indian Health Services funds or funds of a
35.3tribally owned facility funded under the Indian Self-Determination and Education Assistance
35.4Act, Public Law 93-638, are used for the child, the Indian Health Services or 638 tribal
35.5health facility must determine the appropriate level of care for the child. When more than
35.6one entity bears responsibility for a child's coverage, the entities shall coordinate level of
35.7care determination activities for the child to the extent possible.
35.8 (c) The child's level of care determination shall determine whether the proposed treatment:
35.9 (1) is necessary;
35.10 (2) is appropriate to the child's individual treatment needs;
35.11 (3) cannot be effectively provided in the child's home; and
35.12 (4) provides a length of stay as short as possible consistent with the individual child's
35.13needs.
35.14 (d) When a level of care determination is conducted, the county board or other entity
35.15may not determine that a screening of a child, referral, or admission to a residential treatment
35.16facility is not appropriate solely because services were not first provided to the child in a
35.17less restrictive setting and the child failed to make progress toward or meet treatment goals
35.18in the less restrictive setting. The level of care determination must be based on a diagnostic
35.19assessment of a child that evaluates the child's family, school, and community living
35.20situations; and an assessment of the child's need for care out of the home using a validated
35.21tool which assesses a child's functional status and assigns an appropriate level of care to the
35.22child. The validated tool must be approved by the commissioner of human services and
35.23may be the validated tool approved for the child's assessment under section 260C.704 if the
35.24juvenile treatment screening team recommended placement of the child in a qualified
35.25residential treatment program. If a diagnostic assessment has been completed by a mental
35.26health professional within the past 180 days, a new diagnostic assessment need not be
35.27completed unless in the opinion of the current treating mental health professional the child's
35.28mental health status has changed markedly since the assessment was completed. The child's
35.29parent shall be notified if an assessment will not be completed and of the reasons. A copy
35.30of the notice shall be placed in the child's file. Recommendations developed as part of the
35.31level of care determination process shall include specific community services needed by
35.32the child and, if appropriate, the child's family, and shall indicate whether these services
35.33are available and accessible to the child and the child's family. The child and the child's
35.34family must be invited to any meeting where the level of care determination is discussed
35Sec. 41.
REVISOR DTT/LN 25-0204502/11/25 36.1and decisions regarding residential treatment are made. The child and the child's family
36.2may invite other relatives, friends, or advocates to attend these meetings.
36.3 (e) During the level of care determination process, the child, child's family, or child's
36.4legal representative, as appropriate, must be informed of the child's eligibility for case
36.5management services and family community support services and that an individual family
36.6community support plan is being developed by the case manager, if assigned.
36.7 (f) The level of care determination, placement decision, and recommendations for mental
36.8health services must be documented in the child's record and made available to the child's
36.9family, as appropriate.
36.10Sec. 42. Minnesota Statutes 2024, section 245.4889, subdivision 1, is amended to read:
36.11 Subdivision 1.Establishment and authority.(a) The commissioner is authorized to
36.12make grants from available appropriations to assist:
36.13 (1) counties;
36.14 (2) Indian tribes;
36.15 (3) children's collaboratives under section 142D.15 or 245.493; or
36.16 (4) mental health service providers.
36.17 (b) The following services are eligible for grants under this section:
36.18 (1) services to children with emotional disturbances mental illness as defined in section
36.19245.4871, subdivision 15, and their families;
36.20 (2) transition services under section 245.4875, subdivision 8, for young adults under
36.21age 21 and their families;
36.22 (3) respite care services for children with emotional disturbances mental illness or severe
36.23emotional disturbances serious mental illness who are at risk of residential treatment or
36.24hospitalization,; who are already in out-of-home placement residential treatment, therapeutic
36.25foster care, or in family foster settings as defined in chapter 142B and at risk of change in
36.26out-of-home placement foster care or placement in a residential facility or other higher level
36.27of care,; who have utilized crisis services or emergency room services,; or who have
36.28experienced a loss of in-home staffing support. Allowable activities and expenses for respite
36.29care services are defined under subdivision 4. A child is not required to have case
36.30management services to receive respite care services. Counties must work to provide access
36.31to regularly scheduled respite care;
36Sec. 42.
REVISOR DTT/LN 25-0204502/11/25 37.1 (4) children's mental health crisis services;
37.2 (5) child-, youth-, and family-specific mobile response and stabilization services models;
37.3 (6) mental health services for people from cultural and ethnic minorities, including
37.4supervision of clinical trainees who are Black, indigenous, or people of color;
37.5 (7) children's mental health screening and follow-up diagnostic assessment and treatment;
37.6 (8) services to promote and develop the capacity of providers to use evidence-based
37.7practices in providing children's mental health services;
37.8 (9) school-linked mental health services under section 245.4901;
37.9 (10) building evidence-based mental health intervention capacity for children birth to
37.10age five;
37.11 (11) suicide prevention and counseling services that use text messaging statewide;
37.12 (12) mental health first aid training;
37.13 (13) training for parents, collaborative partners, and mental health providers on the
37.14impact of adverse childhood experiences and trauma and development of an interactive
37.15website to share information and strategies to promote resilience and prevent trauma;
37.16 (14) transition age services to develop or expand mental health treatment and supports
37.17for adolescents and young adults 26 years of age or younger;
37.18 (15) early childhood mental health consultation;
37.19 (16) evidence-based interventions for youth at risk of developing or experiencing a first
37.20episode of psychosis, and a public awareness campaign on the signs and symptoms of
37.21psychosis;
37.22 (17) psychiatric consultation for primary care practitioners; and
37.23 (18) providers to begin operations and meet program requirements when establishing a
37.24new children's mental health program. These may be start-up grants.
37.25 (c) Services under paragraph (b) must be designed to help each child to function and
37.26remain with the child's family in the community and delivered consistent with the child's
37.27treatment plan. Transition services to eligible young adults under this paragraph must be
37.28designed to foster independent living in the community.
37.29 (d) As a condition of receiving grant funds, a grantee shall obtain all available third-party
37.30reimbursement sources, if applicable.
37Sec. 42.
REVISOR DTT/LN 25-0204502/11/25 38.1 (e) The commissioner may establish and design a pilot program to expand the mobile
38.2response and stabilization services model for children, youth, and families. The commissioner
38.3may use grant funding to consult with a qualified expert entity to assist in the formulation
38.4of measurable outcomes and explore and position the state to submit a Medicaid state plan
38.5amendment to scale the model statewide.
38.6 Sec. 43. Minnesota Statutes 2024, section 245.4907, subdivision 2, is amended to read:
38.7 Subd. 2.Eligible applicants.An eligible applicant is a licensed entity or provider that
38.8employs a mental health certified peer family specialist qualified under section 245I.04,
38.9subdivision 12, and that provides services to families who have a child:
38.10 (1) with an emotional disturbance a mental illness or severe emotional disturbance serious
38.11mental illness under chapter 245;
38.12 (2) receiving inpatient hospitalization under section 256B.0625, subdivision 1;
38.13 (3) admitted to a residential treatment facility under section 245.4882;
38.14 (4) receiving children's intensive behavioral health services under section 256B.0946;
38.15 (5) receiving day treatment or children's therapeutic services and supports under section
38.16256B.0943; or
38.17 (6) receiving crisis response services under section 256B.0624.
38.18Sec. 44. Minnesota Statutes 2024, section 245.491, subdivision 2, is amended to read:
38.19 Subd. 2.Purpose.The legislature finds that children with mental illnesses or emotional
38.20or behavioral disturbances or who are at risk of suffering such disturbances often require
38.21services from multiple service systems including mental health, social services, education,
38.22corrections, juvenile court, health, and employment and economic development. In order
38.23to better meet the needs of these children, it is the intent of the legislature to establish an
38.24integrated children's mental health service system that:
38.25 (1) allows local service decision makers to draw funding from a single local source so
38.26that funds follow clients and eliminates the need to match clients, funds, services, and
38.27provider eligibilities;
38.28 (2) creates a local pool of state, local, and private funds to procure a greater medical
38.29assistance federal financial participation;
38.30 (3) improves the efficiency of use of existing resources;
38Sec. 44.
REVISOR DTT/LN 25-0204502/11/25 39.1 (4) minimizes or eliminates the incentives for cost and risk shifting; and
39.2 (5) increases the incentives for earlier identification and intervention.
39.3The children's mental health integrated fund established under sections 245.491 to 245.495
39.4must be used to develop and support this integrated mental health service system. In
39.5developing this integrated service system, it is not the intent of the legislature to limit any
39.6rights available to children and their families through existing federal and state laws.
39.7 Sec. 45. Minnesota Statutes 2024, section 245.492, subdivision 3, is amended to read:
39.8 Subd. 3.Children with emotional or behavioral disturbances."Children with
39.9emotional or behavioral disturbances" includes children with emotional disturbances mental
39.10illnesses as defined in section 245.4871, subdivision 15, and children with emotional or
39.11behavioral disorders as defined in Minnesota Rules, part 3525.1329, subpart 1.
39.12Sec. 46. Minnesota Statutes 2024, section 245.697, subdivision 2a, is amended to read:
39.13 Subd. 2a.Subcommittee on Children's Mental Health.The State Advisory Council
39.14on Mental Health (the "advisory council") must have a Subcommittee on Children's Mental
39.15Health. The subcommittee must make recommendations to the advisory council on policies,
39.16laws, regulations, and services relating to children's mental health. Members of the
39.17subcommittee must include:
39.18 (1) the commissioners or designees of the commissioners of the Departments of Human
39.19Services, Health, Education, State Planning, and Corrections;
39.20 (2) a designee of the Direct Care and Treatment executive board;
39.21 (3) the commissioner of commerce or a designee of the commissioner who is
39.22knowledgeable about medical insurance issues;
39.23 (4) at least one representative of an advocacy group for children with emotional
39.24disturbances mental illnesses;
39.25 (5) providers of children's mental health services, including at least one provider of
39.26services to preadolescent children, one provider of services to adolescents, and one
39.27hospital-based provider;
39.28 (6) parents of children who have emotional disturbances mental illnesses;
39.29 (7) a present or former consumer of adolescent mental health services;
39.30 (8) educators currently working with emotionally disturbed children with mental illnesses;
39Sec. 46.
REVISOR DTT/LN 25-0204502/11/25 40.1 (9) people knowledgeable about the needs of emotionally disturbed children with mental
40.2illnesses of minority races and cultures;
40.3 (10) people experienced in working with emotionally disturbed children with mental
40.4illnesses who have committed status offenses;
40.5 (11) members of the advisory council;
40.6 (12) one person from the local corrections department and one representative of the
40.7Minnesota District Judges Association Juvenile Committee; and
40.8 (13) county commissioners and social services agency representatives.
40.9 The chair of the advisory council shall appoint subcommittee members described in
40.10clauses (4) to (12) through the process established in section 15.0597. The chair shall appoint
40.11members to ensure a geographical balance on the subcommittee. Terms, compensation,
40.12removal, and filling of vacancies are governed by subdivision 1, except that terms of
40.13subcommittee members who are also members of the advisory council are coterminous with
40.14their terms on the advisory council. The subcommittee shall meet at the call of the
40.15subcommittee chair who is elected by the subcommittee from among its members. The
40.16subcommittee expires with the expiration of the advisory council.
40.17Sec. 47. Minnesota Statutes 2024, section 245.814, subdivision 3, is amended to read:
40.18 Subd. 3.Compensation provisions.(a) If the commissioner of human services is unable
40.19to obtain insurance through ordinary methods for coverage of foster home providers, the
40.20appropriation shall be returned to the general fund and the state shall pay claims subject to
40.21the following limitations.
40.22 (a) (b) Compensation shall be provided only for injuries, damage, or actions set forth in
40.23subdivision 1.
40.24 (b) (c) Compensation shall be subject to the conditions and exclusions set forth in
40.25subdivision 2.
40.26 (c) (d) The state shall provide compensation for bodily injury, property damage, or
40.27personal injury resulting from the foster home providers activities as a foster home provider
40.28while the foster child or adult is in the care, custody, and control of the foster home provider
40.29in an amount not to exceed $250,000 for each occurrence.
40.30 (d) (e) The state shall provide compensation for damage or destruction of property caused
40.31or sustained by a foster child or adult in an amount not to exceed $250 for each occurrence.
40Sec. 47.
REVISOR DTT/LN 25-0204502/11/25 41.1 (e) (f) The compensation in paragraphs (c) and (d) and (e) is the total obligation for all
41.2damages because of each occurrence regardless of the number of claims made in connection
41.3with the same occurrence, but compensation applies separately to each foster home. The
41.4state shall have no other responsibility to provide compensation for any injury or loss caused
41.5or sustained by any foster home provider or foster child or foster adult.
41.6 (g) This coverage is extended as a benefit to foster home providers to encourage care
41.7of persons who need out-of-home the providers' care. Nothing in this section shall be
41.8construed to mean that foster home providers are agents or employees of the state nor does
41.9the state accept any responsibility for the selection, monitoring, supervision, or control of
41.10foster home providers which is exclusively the responsibility of the counties which shall
41.11regulate foster home providers in the manner set forth in the rules of the commissioner of
41.12human services.
41.13Sec. 48. Minnesota Statutes 2024, section 245.826, is amended to read:
41.14 245.826 USE OF RESTRICTIVE TECHNIQUES AND PROCEDURES IN
41.15FACILITIES SERVING EMOTIONALLY DISTURBED CHILDREN WITH
41.16MENTAL ILLNESSES.
41.17 When amending rules governing facilities serving emotionally disturbed children with
41.18mental illnesses that are licensed under section 245A.09 and Minnesota Rules, parts
41.192960.0510 to 2960.0530 and 2960.0580 to 2960.0700, the commissioner of human services
41.20shall include provisions governing the use of restrictive techniques and procedures. No
41.21provision of these rules may encourage or require the use of restrictive techniques and
41.22procedures. The rules must prohibit: (1) the application of certain restrictive techniques or
41.23procedures in facilities, except as authorized in the child's case plan and monitored by the
41.24county caseworker responsible for the child; (2) the use of restrictive techniques or procedures
41.25that restrict the clients' normal access to nutritious diet, drinking water, adequate ventilation,
41.26necessary medical care, ordinary hygiene facilities, normal sleeping conditions, and necessary
41.27clothing; and (3) the use of corporal punishment. The rule may specify other restrictive
41.28techniques and procedures and the specific conditions under which permitted techniques
41.29and procedures are to be carried out.
41.30Sec. 49. Minnesota Statutes 2024, section 245.91, subdivision 2, is amended to read:
41.31 Subd. 2.Agency."Agency" means the divisions, officials, or employees of the state
41.32Departments of Human Services, Direct Care and Treatment, Health, and Education, and
41.33of local school districts and designated county social service agencies as defined in section
41Sec. 49.
REVISOR DTT/LN 25-0204502/11/25 42.1256G.02, subdivision 7, that are engaged in monitoring, providing, or regulating services
42.2or treatment for mental illness, developmental disability, or substance use disorder, or
42.3emotional disturbance.
42.4 Sec. 50. Minnesota Statutes 2024, section 245.91, subdivision 4, is amended to read:
42.5 Subd. 4.Facility or program."Facility" or "program" means a nonresidential or
42.6residential program as defined in section 245A.02, subdivisions 10 and 14, and any agency,
42.7facility, or program that provides services or treatment for mental illness, developmental
42.8disability, or substance use disorder, or emotional disturbance that is required to be licensed,
42.9certified, or registered by the commissioner of human services, health, or education; a sober
42.10home as defined in section 254B.01, subdivision 11; peer recovery support services provided
42.11by a recovery community organization as defined in section 254B.01, subdivision 8; and
42.12an acute care inpatient facility that provides services or treatment for mental illness,
42.13developmental disability, or substance use disorder, or emotional disturbance.
42.14Sec. 51. Minnesota Statutes 2024, section 245.92, is amended to read:
42.15 245.92 OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS;
42.16FUNCTION.
42.17 The ombudsman for persons receiving services or treatment for mental illness,
42.18developmental disability, or substance use disorder, or emotional disturbance shall promote
42.19the highest attainable standards of treatment, competence, efficiency, and justice. The
42.20ombudsman may gather information and data about decisions, acts, and other matters of an
42.21agency, facility, or program, and shall monitor the treatment of individuals participating in
42.22a University of Minnesota Department of Psychiatry clinical drug trial. The ombudsman is
42.23appointed by the governor, serves in the unclassified service, and may be removed only for
42.24just cause. The ombudsman must be selected without regard to political affiliation and must
42.25be a person who has knowledge and experience concerning the treatment, needs, and rights
42.26of clients, and who is highly competent and qualified. No person may serve as ombudsman
42.27while holding another public office.
42.28Sec. 52. Minnesota Statutes 2024, section 245.94, subdivision 1, is amended to read:
42.29 Subdivision 1.Powers.(a) The ombudsman may prescribe the methods by which
42.30complaints to the office are to be made, reviewed, and acted upon. The ombudsman may
42.31not levy a complaint fee.
42Sec. 52.
REVISOR DTT/LN 25-0204502/11/25 43.1 (b) The ombudsman is a health oversight agency as defined in Code of Federal
43.2Regulations, title 45, section 164.501. The ombudsman may access patient records according
43.3to Code of Federal Regulations, title 42, section 2.53. For purposes of this paragraph,
43.4"records" has the meaning given in Code of Federal Regulations, title 42, section
43.52.53(a)(1)(i).
43.6 (c) The ombudsman may mediate or advocate on behalf of a client.
43.7 (d) The ombudsman may investigate the quality of services provided to clients and
43.8determine the extent to which quality assurance mechanisms within state and county
43.9government work to promote the health, safety, and welfare of clients.
43.10 (e) At the request of a client, or upon receiving a complaint or other information affording
43.11reasonable grounds to believe that the rights of one or more clients who may not be capable
43.12of requesting assistance have been adversely affected, the ombudsman may gather
43.13information and data about and analyze, on behalf of the client, the actions of an agency,
43.14facility, or program.
43.15 (f) The ombudsman may gather, on behalf of one or more clients, records of an agency,
43.16facility, or program, or records related to clinical drug trials from the University of Minnesota
43.17Department of Psychiatry, if the records relate to a matter that is within the scope of the
43.18ombudsman's authority. If the records are private and the client is capable of providing
43.19consent, the ombudsman shall first obtain the client's consent. The ombudsman is not
43.20required to obtain consent for access to private data on clients with developmental disabilities
43.21and individuals served by the Minnesota Sex Offender Program. The ombudsman may also
43.22take photographic or videographic evidence while reviewing the actions of an agency,
43.23facility, or program, with the consent of the client. The ombudsman is not required to obtain
43.24consent for access to private data on decedents who were receiving services for mental
43.25illness, developmental disability, or substance use disorder, or emotional disturbance. All
43.26data collected, created, received, or maintained by the ombudsman are governed by chapter
43.2713 and other applicable law.
43.28 (g) Notwithstanding any law to the contrary, the ombudsman may subpoena a person
43.29to appear, give testimony, or produce documents or other evidence that the ombudsman
43.30considers relevant to a matter under inquiry. The ombudsman may petition the appropriate
43.31court in Ramsey County to enforce the subpoena. A witness who is at a hearing or is part
43.32of an investigation possesses the same privileges that a witness possesses in the courts or
43.33under the law of this state. Data obtained from a person under this paragraph are private
43.34data as defined in section 13.02, subdivision 12.
43Sec. 52.
REVISOR DTT/LN 25-0204502/11/25 44.1 (h) The ombudsman may, at reasonable times in the course of conducting a review, enter
44.2and view premises within the control of an agency, facility, or program.
44.3 (i) The ombudsman may attend Direct Care and Treatment Review Board and Special
44.4Review Board proceedings; proceedings regarding the transfer of clients, as defined in
44.5section 246.50, subdivision 4, between institutions operated by the Direct Care and Treatment
44.6executive board; and, subject to the consent of the affected client, other proceedings affecting
44.7the rights of clients. The ombudsman is not required to obtain consent to attend meetings
44.8or proceedings and have access to private data on clients with developmental disabilities
44.9and individuals served by the Minnesota Sex Offender Program.
44.10 (j) The ombudsman shall gather data of agencies, facilities, or programs classified as
44.11private or confidential as defined in section 13.02, subdivisions 3 and 12, regarding services
44.12provided to clients with developmental disabilities and individuals served by the Minnesota
44.13Sex Offender Program.
44.14 (k) To avoid duplication and preserve evidence, the ombudsman shall inform relevant
44.15licensing or regulatory officials before undertaking a review of an action of the facility or
44.16program.
44.17 (l) The Office of Ombudsman shall provide the services of the Civil Commitment
44.18Training and Resource Center.
44.19 (m) The ombudsman shall monitor the treatment of individuals participating in a
44.20University of Minnesota Department of Psychiatry clinical drug trial and ensure that all
44.21protections for human subjects required by federal law and the Institutional Review Board
44.22are provided.
44.23 (n) Sections 245.91 to 245.97 are in addition to other provisions of law under which any
44.24other remedy or right is provided.
44.25Sec. 53. Minnesota Statutes 2024, section 245A.03, subdivision 2, is amended to read:
44.26 Subd. 2.Exclusion from licensure.(a) This chapter does not apply to:
44.27 (1) residential or nonresidential programs that are provided to a person by an individual
44.28who is related;
44.29 (2) nonresidential programs that are provided by an unrelated individual to persons from
44.30a single related family;
44Sec. 53.
REVISOR DTT/LN 25-0204502/11/25 45.1 (3) residential or nonresidential programs that are provided to adults who do not misuse
45.2substances or have a substance use disorder, a mental illness, a developmental disability, a
45.3functional impairment, or a physical disability;
45.4 (4) sheltered workshops or work activity programs that are certified by the commissioner
45.5of employment and economic development;
45.6 (5) programs operated by a public school for children 33 months or older;
45.7 (6) nonresidential programs primarily for children that provide care or supervision for
45.8periods of less than three hours a day while the child's parent or legal guardian is in the
45.9same building as the nonresidential program or present within another building that is
45.10directly contiguous to the building in which the nonresidential program is located;
45.11 (7) nursing homes or hospitals licensed by the commissioner of health except as specified
45.12under section 245A.02;
45.13 (8) board and lodge facilities licensed by the commissioner of health that do not provide
45.14children's residential services under Minnesota Rules, chapter 2960, mental health or
45.15substance use disorder treatment;
45.16 (9) programs licensed by the commissioner of corrections;
45.17 (10) recreation programs for children or adults that are operated or approved by a park
45.18and recreation board whose primary purpose is to provide social and recreational activities;
45.19 (11) noncertified boarding care homes unless they provide services for five or more
45.20persons whose primary diagnosis is mental illness or a developmental disability;
45.21 (12) programs for children such as scouting, boys clubs, girls clubs, and sports and art
45.22programs, and nonresidential programs for children provided for a cumulative total of less
45.23than 30 days in any 12-month period;
45.24 (13) residential programs for persons with mental illness, that are located in hospitals;
45.25 (14) camps licensed by the commissioner of health under Minnesota Rules, chapter
45.264630;
45.27 (15) mental health outpatient services for adults with mental illness or children with
45.28emotional disturbance mental illness;
45.29 (16) residential programs serving school-age children whose sole purpose is cultural or
45.30educational exchange, until the commissioner adopts appropriate rules;
45Sec. 53.
REVISOR DTT/LN 25-0204502/11/25 46.1 (17) community support services programs as defined in section 245.462, subdivision
46.26, and family community support services as defined in section 245.4871, subdivision 17;
46.3 (18) assisted living facilities licensed by the commissioner of health under chapter 144G;
46.4 (19) substance use disorder treatment activities of licensed professionals in private
46.5practice as defined in section 245G.01, subdivision 17;
46.6 (20) consumer-directed community support service funded under the Medicaid waiver
46.7for persons with developmental disabilities when the individual who provided the service
46.8is:
46.9 (i) the same individual who is the direct payee of these specific waiver funds or paid by
46.10a fiscal agent, fiscal intermediary, or employer of record; and
46.11 (ii) not otherwise under the control of a residential or nonresidential program that is
46.12required to be licensed under this chapter when providing the service;
46.13 (21) a county that is an eligible vendor under section 254B.05 to provide care coordination
46.14and comprehensive assessment services;
46.15 (22) a recovery community organization that is an eligible vendor under section 254B.05
46.16to provide peer recovery support services; or
46.17 (23) programs licensed by the commissioner of children, youth, and families in chapter
46.18142B.
46.19 (b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
46.20building in which a nonresidential program is located if it shares a common wall with the
46.21building in which the nonresidential program is located or is attached to that building by
46.22skyway, tunnel, atrium, or common roof.
46.23 (c) Except for the home and community-based services identified in section 245D.03,
46.24subdivision 1, nothing in this chapter shall be construed to require licensure for any services
46.25provided and funded according to an approved federal waiver plan where licensure is
46.26specifically identified as not being a condition for the services and funding.
46.27Sec. 54. Minnesota Statutes 2024, section 245A.26, subdivision 1, is amended to read:
46.28 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this
46.29subdivision have the meanings given.
46.30 (b) "Clinical trainee" means a staff person who is qualified under section 245I.04,
46.31subdivision 6.
46Sec. 54.
REVISOR DTT/LN 25-0204502/11/25 47.1 (c) "License holder" means an individual, organization, or government entity that was
47.2issued a license by the commissioner of human services under this chapter for residential
47.3mental health treatment for children with emotional disturbance mental illness according
47.4to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to 2960.0700, or shelter
47.5care services according to Minnesota Rules, parts 2960.0010 to 2960.0120 and 2960.0510
47.6to 2960.0530.
47.7 (d) "Mental health professional" means an individual who is qualified under section
47.8245I.04, subdivision 2.
47.9 Sec. 55. Minnesota Statutes 2024, section 245A.26, subdivision 2, is amended to read:
47.10 Subd. 2.Scope and applicability.(a) This section establishes additional licensing
47.11requirements for a children's residential facility to provide children's residential crisis
47.12stabilization services to a client who is experiencing a mental health crisis and is in need of
47.13residential treatment services.
47.14 (b) A children's residential facility may provide residential crisis stabilization services
47.15only if the facility is licensed to provide:
47.16 (1) residential mental health treatment for children with emotional disturbance mental
47.17illness according to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to
47.182960.0700; or
47.19 (2) shelter care services according to Minnesota Rules, parts 2960.0010 to 2960.0120
47.20and 2960.0510 to 2960.0530.
47.21 (c) If a client receives residential crisis stabilization services for 35 days or fewer in a
47.22facility licensed according to paragraph (b), clause (1), the facility is not required to complete
47.23a diagnostic assessment or treatment plan under Minnesota Rules, part 2960.0180, subpart
47.242, and part 2960.0600.
47.25 (d) If a client receives residential crisis stabilization services for 35 days or fewer in a
47.26facility licensed according to paragraph (b), clause (2), the facility is not required to develop
47.27a plan for meeting the client's immediate needs under Minnesota Rules, part 2960.0520,
47.28subpart 3.
47.29Sec. 56. Minnesota Statutes 2024, section 245I.05, subdivision 3, is amended to read:
47.30 Subd. 3.Initial training.(a) A staff person must receive training about:
47.31 (1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and
47Sec. 56.
REVISOR DTT/LN 25-0204502/11/25 48.1 (2) the maltreatment of minor reporting requirements and definitions in chapter 260E
48.2within 72 hours of first providing direct contact services to a client.
48.3 (b) Before providing direct contact services to a client, a staff person must receive training
48.4about:
48.5 (1) client rights and protections under section 245I.12;
48.6 (2) the Minnesota Health Records Act, including client confidentiality, family engagement
48.7under section 144.294, and client privacy;
48.8 (3) emergency procedures that the staff person must follow when responding to a fire,
48.9inclement weather, a report of a missing person, and a behavioral or medical emergency;
48.10 (4) specific activities and job functions for which the staff person is responsible, including
48.11the license holder's program policies and procedures applicable to the staff person's position;
48.12 (5) professional boundaries that the staff person must maintain; and
48.13 (6) specific needs of each client to whom the staff person will be providing direct contact
48.14services, including each client's developmental status, cognitive functioning, and physical
48.15and mental abilities.
48.16 (c) Before providing direct contact services to a client, a mental health rehabilitation
48.17worker, mental health behavioral aide, or mental health practitioner required to receive the
48.18training according to section 245I.04, subdivision 4, must receive 30 hours of training about:
48.19 (1) mental illnesses;
48.20 (2) client recovery and resiliency;
48.21 (3) mental health de-escalation techniques;
48.22 (4) co-occurring mental illness and substance use disorders; and
48.23 (5) psychotropic medications and medication side effects, including tardive dyskinesia.
48.24 (d) Within 90 days of first providing direct contact services to an adult client, mental
48.25health practitioner, mental health certified peer specialist, or mental health rehabilitation
48.26worker must receive training about:
48.27 (1) trauma-informed care and secondary trauma;
48.28 (2) person-centered individual treatment plans, including seeking partnerships with
48.29family and other natural supports;
48.30 (3) co-occurring substance use disorders; and
48Sec. 56.
REVISOR DTT/LN 25-0204502/11/25 49.1 (4) culturally responsive treatment practices.
49.2 (e) Within 90 days of first providing direct contact services to a child client, mental
49.3health practitioner, mental health certified family peer specialist, mental health certified
49.4peer specialist, or mental health behavioral aide must receive training about the topics in
49.5clauses (1) to (5). This training must address the developmental characteristics of each child
49.6served by the license holder and address the needs of each child in the context of the child's
49.7family, support system, and culture. Training topics must include:
49.8 (1) trauma-informed care and secondary trauma, including adverse childhood experiences
49.9(ACEs);
49.10 (2) family-centered treatment plan development, including seeking partnership with a
49.11child client's family and other natural supports;
49.12 (3) mental illness and co-occurring substance use disorders in family systems;
49.13 (4) culturally responsive treatment practices; and
49.14 (5) child development, including cognitive functioning, and physical and mental abilities.
49.15 (f) For a mental health behavioral aide, the training under paragraph (e) must include
49.16parent team training using a curriculum approved by the commissioner.
49.17Sec. 57. Minnesota Statutes 2024, section 245I.05, subdivision 5, is amended to read:
49.18 Subd. 5.Additional training for medication administration.(a) Prior to administering
49.19medications to a client under delegated authority or observing a client self-administer
49.20medications, a staff person who is not a licensed prescriber, registered nurse, or licensed
49.21practical nurse qualified under section 148.171, subdivision 8, must receive training about
49.22psychotropic medications, side effects including tardive dyskinesia, and medication
49.23management.
49.24 (b) Prior to administering medications to a client under delegated authority, a staff person
49.25must successfully complete a:
49.26 (1) medication administration training program for unlicensed personnel through an
49.27accredited Minnesota postsecondary educational institution with completion of the course
49.28documented in writing and placed in the staff person's personnel file; or
49.29 (2) formalized training program taught by a registered nurse or licensed prescriber that
49.30is offered by the license holder. A staff person's successful completion of the formalized
49.31training program must include direct observation of the staff person to determine the staff
49.32person's areas of competency.
49Sec. 57.
REVISOR DTT/LN 25-0204502/11/25 50.1 Sec. 58. Minnesota Statutes 2024, section 245I.11, subdivision 5, is amended to read:
50.2 Subd. 5.Medication administration in residential programs.If a license holder is
50.3licensed as a residential program, the license holder must:
50.4 (1) assess and document each client's ability to self-administer medication. In the
50.5assessment, the license holder must evaluate the client's ability to: (i) comply with prescribed
50.6medication regimens; and (ii) store the client's medications safely and in a manner that
50.7protects other individuals in the facility. Through the assessment process, the license holder
50.8must assist the client in developing the skills necessary to safely self-administer medication;
50.9 (2) monitor the effectiveness of medications, side effects of medications, and adverse
50.10reactions to medications, including symptoms and signs of tardive dyskinesia, for each
50.11client. The license holder must address and document any concerns about a client's
50.12medications;
50.13 (3) ensure that no staff person or client gives a legend drug supply for one client to
50.14another client;
50.15 (4) have policies and procedures for: (i) keeping a record of each client's medication
50.16orders; (ii) keeping a record of any incident of deferring a client's medications; (iii)
50.17documenting any incident when a client's medication is omitted; and (iv) documenting when
50.18a client refuses to take medications as prescribed; and
50.19 (5) document and track medication errors, document whether the license holder notified
50.20anyone about the medication error, determine if the license holder must take any follow-up
50.21actions, and identify the staff persons who are responsible for taking follow-up actions.
50.22Sec. 59. Minnesota Statutes 2024, section 246C.12, subdivision 4, is amended to read:
50.23 Subd. 4.Staff safety training.The executive board shall require all staff in mental
50.24health and support units at regional treatment centers who have contact with persons children
50.25or adults with mental illness or severe emotional disturbance to be appropriately trained in
50.26violence reduction and violence prevention and shall establish criteria for such training.
50.27Training programs shall be developed with input from consumer advocacy organizations
50.28and shall employ violence prevention techniques as preferable to physical interaction.
50.29Sec. 60. Minnesota Statutes 2024, section 252.27, subdivision 1, is amended to read:
50.30 Subdivision 1.County of financial responsibility.Whenever any child who has a
50.31developmental disability, or a physical disability or emotional disturbance mental illness is
50.32in 24-hour care outside the home including respite care, in a facility licensed by the
50Sec. 60.
REVISOR DTT/LN 25-0204502/11/25 51.1commissioner of human services, the cost of services shall be paid by the county of financial
51.2responsibility determined pursuant to chapter 256G. If the child's parents or guardians do
51.3not reside in this state, the cost shall be paid by the responsible governmental agency in the
51.4state from which the child came, by the parents or guardians of the child if they are financially
51.5able, or, if no other payment source is available, by the commissioner of human services.
51.6 Sec. 61. Minnesota Statutes 2024, section 256B.02, subdivision 11, is amended to read:
51.7 Subd. 11.Related condition."Related condition" means a condition:
51.8 (1) that is found to be closely related to a developmental disability, including but not
51.9limited to cerebral palsy, epilepsy, autism, fetal alcohol spectrum disorder, and Prader-Willi
51.10syndrome; and
51.11 (2) that meets all of the following criteria:
51.12 (i) is severe and chronic;
51.13 (ii) results in impairment of general intellectual functioning or adaptive behavior similar
51.14to that of persons with developmental disabilities;
51.15 (iii) requires treatment or services similar to those required for persons with
51.16developmental disabilities;
51.17 (iv) is manifested before the person reaches 22 years of age;
51.18 (v) is likely to continue indefinitely;
51.19 (vi) results in substantial functional limitations in three or more of the following areas
51.20of major life activity:
51.21 (A) self-care;
51.22 (B) understanding and use of language;
51.23 (C) learning;
51.24 (D) mobility;
51.25 (E) self-direction; or
51.26 (F) capacity for independent living; and
51.27 (vii) is not attributable to mental illness as defined in section 245.462, subdivision 20,
51.28or an emotional disturbance as defined in section 245.4871, subdivision 15. For purposes
51.29of this item, notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15,
51.30"mental illness" does not include autism or other pervasive developmental disorders.
51Sec. 61.
REVISOR DTT/LN 25-0204502/11/25 52.1 Sec. 62. Minnesota Statutes 2024, section 256B.055, subdivision 12, is amended to read:
52.2 Subd. 12.Children with disabilities.(a) A person is eligible for medical assistance if
52.3the person is under age 19 and qualifies as a disabled individual under United States Code,
52.4title 42, section 1382c(a), and would be eligible for medical assistance under the state plan
52.5if residing in a medical institution, and the child requires a level of care provided in a hospital,
52.6nursing facility, or intermediate care facility for persons with developmental disabilities,
52.7for whom home care is appropriate, provided that the cost to medical assistance under this
52.8section is not more than the amount that medical assistance would pay for if the child resides
52.9in an institution. After the child is determined to be eligible under this section, the
52.10commissioner shall review the child's disability under United States Code, title 42, section
52.111382c(a) and level of care defined under this section no more often than annually and may
52.12elect, based on the recommendation of health care professionals under contract with the
52.13state medical review team, to extend the review of disability and level of care up to a
52.14maximum of four years. The commissioner's decision on the frequency of continuing review
52.15of disability and level of care is not subject to administrative appeal under section 256.045.
52.16The county agency shall send a notice of disability review to the enrollee six months prior
52.17to the date the recertification of disability is due. Nothing in this subdivision shall be
52.18construed as affecting other redeterminations of medical assistance eligibility under this
52.19chapter and annual cost-effective reviews under this section.
52.20 (b) For purposes of this subdivision, "hospital" means an institution as defined in section
52.21144.696, subdivision 3, 144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and
52.22licensed pursuant to sections 144.50 to 144.58. For purposes of this subdivision, a child
52.23requires a level of care provided in a hospital if the child is determined by the commissioner
52.24to need an extensive array of health services, including mental health services, for an
52.25undetermined period of time, whose health condition requires frequent monitoring and
52.26treatment by a health care professional or by a person supervised by a health care
52.27professional, who would reside in a hospital or require frequent hospitalization if these
52.28services were not provided, and the daily care needs are more complex than a nursing facility
52.29level of care.
52.30 A child with serious emotional disturbance mental illness requires a level of care provided
52.31in a hospital if the commissioner determines that the individual requires 24-hour supervision
52.32because the person exhibits recurrent or frequent suicidal or homicidal ideation or behavior,
52.33recurrent or frequent psychosomatic disorders or somatopsychic disorders that may become
52.34life threatening, recurrent or frequent severe socially unacceptable behavior associated with
52.35psychiatric disorder, ongoing and chronic psychosis or severe, ongoing and chronic
52Sec. 62.
REVISOR DTT/LN 25-0204502/11/25 53.1developmental problems requiring continuous skilled observation, or severe disabling
53.2symptoms for which office-centered outpatient treatment is not adequate, and which overall
53.3severely impact the individual's ability to function.
53.4 (c) For purposes of this subdivision, "nursing facility" means a facility which provides
53.5nursing care as defined in section 144A.01, subdivision 5, licensed pursuant to sections
53.6144A.02 to 144A.10, which is appropriate if a person is in active restorative treatment; is
53.7in need of special treatments provided or supervised by a licensed nurse; or has unpredictable
53.8episodes of active disease processes requiring immediate judgment by a licensed nurse. For
53.9purposes of this subdivision, a child requires the level of care provided in a nursing facility
53.10if the child is determined by the commissioner to meet the requirements of the preadmission
53.11screening assessment document under section 256B.0911, adjusted to address age-appropriate
53.12standards for children age 18 and under.
53.13 (d) For purposes of this subdivision, "intermediate care facility for persons with
53.14developmental disabilities" or "ICF/DD" means a program licensed to provide services to
53.15persons with developmental disabilities under section 252.28, and chapter 245A, and a
53.16physical plant licensed as a supervised living facility under chapter 144, which together are
53.17certified by the Minnesota Department of Health as meeting the standards in Code of Federal
53.18Regulations, title 42, part 483, for an intermediate care facility which provides services for
53.19persons with developmental disabilities who require 24-hour supervision and active treatment
53.20for medical, behavioral, or habilitation needs. For purposes of this subdivision, a child
53.21requires a level of care provided in an ICF/DD if the commissioner finds that the child has
53.22a developmental disability in accordance with section 256B.092, is in need of a 24-hour
53.23plan of care and active treatment similar to persons with developmental disabilities, and
53.24there is a reasonable indication that the child will need ICF/DD services.
53.25 (e) For purposes of this subdivision, a person requires the level of care provided in a
53.26nursing facility if the person requires 24-hour monitoring or supervision and a plan of mental
53.27health treatment because of specific symptoms or functional impairments associated with
53.28a serious mental illness or disorder diagnosis, which meet severity criteria for mental health
53.29established by the commissioner and published in March 1997 as the Minnesota Mental
53.30Health Level of Care for Children and Adolescents with Severe Emotional Disorders.
53.31 (f) The determination of the level of care needed by the child shall be made by the
53.32commissioner based on information supplied to the commissioner by (1) the parent or
53.33guardian, (2) the child's physician or physicians, advanced practice registered nurse or
53.34advanced practice registered nurses, or physician assistant or physician assistants, and (3)
53Sec. 62.
REVISOR DTT/LN 25-0204502/11/25 54.1other professionals as requested by the commissioner. The commissioner shall establish a
54.2screening team to conduct the level of care determinations according to this subdivision.
54.3 (g) If a child meets the conditions in paragraph (b), (c), (d), or (e), the commissioner
54.4must assess the case to determine whether:
54.5 (1) the child qualifies as a disabled individual under United States Code, title 42, section
54.61382c(a), and would be eligible for medical assistance if residing in a medical institution;
54.7and
54.8 (2) the cost of medical assistance services for the child, if eligible under this subdivision,
54.9would not be more than the cost to medical assistance if the child resides in a medical
54.10institution to be determined as follows:
54.11 (i) for a child who requires a level of care provided in an ICF/DD, the cost of care for
54.12the child in an institution shall be determined using the average payment rate established
54.13for the regional treatment centers that are certified as ICF's/DD;
54.14 (ii) for a child who requires a level of care provided in an inpatient hospital setting
54.15according to paragraph (b), cost-effectiveness shall be determined according to Minnesota
54.16Rules, part 9505.3520, items F and G; and
54.17 (iii) for a child who requires a level of care provided in a nursing facility according to
54.18paragraph (c) or (e), cost-effectiveness shall be determined according to Minnesota Rules,
54.19part 9505.3040, except that the nursing facility average rate shall be adjusted to reflect rates
54.20which would be paid for children under age 16. The commissioner may authorize an amount
54.21up to the amount medical assistance would pay for a child referred to the commissioner by
54.22the preadmission screening team under section 256B.0911.
54.23Sec. 63. Minnesota Statutes 2024, section 256B.0616, subdivision 1, is amended to read:
54.24 Subdivision 1.Scope.Medical assistance covers mental health certified family peer
54.25specialists services, as established in subdivision 2, subject to federal approval, if provided
54.26to recipients who have an emotional disturbance a mental illness or severe emotional
54.27disturbance serious mental illness under chapter 245, and are provided by a mental health
54.28certified family peer specialist who has completed the training under subdivision 5 and is
54.29qualified according to section 245I.04, subdivision 12. A family peer specialist cannot
54.30provide services to the peer specialist's family.
54Sec. 63.
REVISOR DTT/LN 25-0204502/11/25 55.1 Sec. 64. Minnesota Statutes 2024, section 256B.0757, subdivision 2, is amended to read:
55.2 Subd. 2.Eligible individual.(a) The commissioner may elect to develop health home
55.3models in accordance with United States Code, title 42, section 1396w-4.
55.4 (b) An individual is eligible for health home services under this section if the individual
55.5is eligible for medical assistance under this chapter and has a condition that meets the
55.6definition of mental illness as described in section 245.462, subdivision 20, paragraph (a),
55.7or emotional disturbance as defined in section 245.4871, subdivision 15, clause (2). The
55.8commissioner shall establish criteria for determining continued eligibility.
55.9 Sec. 65. Minnesota Statutes 2024, section 256B.0943, subdivision 1, is amended to read:
55.10 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
55.11the meanings given them.
55.12 (b) "Children's therapeutic services and supports" means the flexible package of mental
55.13health services for children who require varying therapeutic and rehabilitative levels of
55.14intervention to treat a diagnosed emotional disturbance, as defined in section 245.4871,
55.15subdivision 15, or a diagnosed mental illness, as defined in section 245.462, subdivision
55.1620, or 245.4871, subdivision 15. The services are time-limited interventions that are delivered
55.17using various treatment modalities and combinations of services designed to reach treatment
55.18outcomes identified in the individual treatment plan.
55.19 (c) "Clinical trainee" means a staff person who is qualified according to section 245I.04,
55.20subdivision 6.
55.21 (d) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.
55.22 (e) "Culturally competent provider" means a provider who understands and can utilize
55.23to a client's benefit the client's culture when providing services to the client. A provider
55.24may be culturally competent because the provider is of the same cultural or ethnic group
55.25as the client or the provider has developed the knowledge and skills through training and
55.26experience to provide services to culturally diverse clients.
55.27 (f) "Day treatment program" for children means a site-based structured mental health
55.28program consisting of psychotherapy for three or more individuals and individual or group
55.29skills training provided by a team, under the treatment supervision of a mental health
55.30professional.
55.31 (g) "Direct service time" means the time that a mental health professional, clinical trainee,
55.32mental health practitioner, or mental health behavioral aide spends face-to-face with a client
55Sec. 65.
REVISOR DTT/LN 25-0204502/11/25 56.1and the client's family or providing covered services through telehealth as defined under
56.2section 256B.0625, subdivision 3b. Direct service time includes time in which the provider
56.3obtains a client's history, develops a client's treatment plan, records individual treatment
56.4outcomes, or provides service components of children's therapeutic services and supports.
56.5Direct service time does not include time doing work before and after providing direct
56.6services, including scheduling or maintaining clinical records.
56.7 (h) "Direction of mental health behavioral aide" means the activities of a mental health
56.8professional, clinical trainee, or mental health practitioner in guiding the mental health
56.9behavioral aide in providing services to a client. The direction of a mental health behavioral
56.10aide must be based on the client's individual treatment plan and meet the requirements in
56.11subdivision 6, paragraph (b), clause (7).
56.12 (i) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15.
56.13 (j) (i) "Individual treatment plan" means the plan described in section 245I.10,
56.14subdivisions 7 and 8.
56.15 (k) (j) "Mental health behavioral aide services" means medically necessary one-on-one
56.16activities performed by a mental health behavioral aide qualified according to section
56.17245I.04, subdivision 16, to assist a child retain or generalize psychosocial skills as previously
56.18trained by a mental health professional, clinical trainee, or mental health practitioner and
56.19as described in the child's individual treatment plan and individual behavior plan. Activities
56.20involve working directly with the child or child's family as provided in subdivision 9,
56.21paragraph (b), clause (4).
56.22 (l) (k) "Mental health certified family peer specialist" means a staff person who is
56.23qualified according to section 245I.04, subdivision 12.
56.24 (m) (l) "Mental health practitioner" means a staff person who is qualified according to
56.25section 245I.04, subdivision 4.
56.26 (n) (m) "Mental health professional" means a staff person who is qualified according to
56.27section 245I.04, subdivision 2.
56.28 (o) (n) "Mental health service plan development" includes:
56.29 (1) development and revision of a child's individual treatment plan; and
56.30 (2) administering and reporting standardized outcome measurements approved by the
56.31commissioner, as periodically needed to evaluate the effectiveness of treatment.
56Sec. 65.
REVISOR DTT/LN 25-0204502/11/25 57.1 (p) (o) "Mental illness," for persons at least age 18 but under age 21, has the meaning
57.2given in section 245.462, subdivision 20, paragraph (a), for persons at least age 18 but under
57.3age 21, and has the meaning given in section 245.4871, subdivision 15, for children.
57.4 (q) (p) "Psychotherapy" means the treatment described in section 256B.0671, subdivision
57.511.
57.6 (r) (q) "Rehabilitative services" or "psychiatric rehabilitation services" means
57.7interventions to: (1) restore a child or adolescent to an age-appropriate developmental
57.8trajectory that had been disrupted by a psychiatric illness; or (2) enable the child to
57.9self-monitor, compensate for, cope with, counteract, or replace psychosocial skills deficits
57.10or maladaptive skills acquired over the course of a psychiatric illness. Psychiatric
57.11rehabilitation services for children combine coordinated psychotherapy to address internal
57.12psychological, emotional, and intellectual processing deficits, and skills training to restore
57.13personal and social functioning. Psychiatric rehabilitation services establish a progressive
57.14series of goals with each achievement building upon a prior achievement.
57.15 (s) (r) "Skills training" means individual, family, or group training, delivered by or under
57.16the supervision of a mental health professional, designed to facilitate the acquisition of
57.17psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate
57.18developmental trajectory heretofore disrupted by a psychiatric illness or to enable the child
57.19to self-monitor, compensate for, cope with, counteract, or replace skills deficits or
57.20maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject
57.21to the service delivery requirements under subdivision 9, paragraph (b), clause (2).
57.22 (t) (s) "Standard diagnostic assessment" means the assessment described in section
57.23245I.10, subdivision 6.
57.24 (u) (t) "Treatment supervision" means the supervision described in section 245I.06.
57.25Sec. 66. Minnesota Statutes 2024, section 256B.0943, subdivision 3, is amended to read:
57.26 Subd. 3.Determination of client eligibility.(a) A client's eligibility to receive children's
57.27therapeutic services and supports under this section shall be determined based on a standard
57.28diagnostic assessment by a mental health professional or a clinical trainee that is performed
57.29within one year before the initial start of service and updated as required under section
57.30245I.10, subdivision 2. The standard diagnostic assessment must:
57.31 (1) determine whether a child under age 18 has a diagnosis of emotional disturbance
57.32mental illness or, if the person is between the ages of 18 and 21, whether the person has a
57.33mental illness;
57Sec. 66.
REVISOR DTT/LN 25-0204502/11/25 58.1 (2) document children's therapeutic services and supports as medically necessary to
58.2address an identified disability, functional impairment, and the individual client's needs and
58.3goals; and
58.4 (3) be used in the development of the individual treatment plan.
58.5 (b) Notwithstanding paragraph (a), a client may be determined to be eligible for up to
58.6five days of day treatment under this section based on a hospital's medical history and
58.7presentation examination of the client.
58.8 (c) Children's therapeutic services and supports include development and rehabilitative
58.9services that support a child's developmental treatment needs.
58.10Sec. 67. Minnesota Statutes 2024, section 256B.0943, subdivision 9, is amended to read:
58.11 Subd. 9.Service delivery criteria.(a) In delivering services under this section, a certified
58.12provider entity must ensure that:
58.13 (1) the provider's caseload size should reasonably enable the provider to play an active
58.14role in service planning, monitoring, and delivering services to meet the client's and client's
58.15family's needs, as specified in each client's individual treatment plan;
58.16 (2) site-based programs, including day treatment programs, provide staffing and facilities
58.17to ensure the client's health, safety, and protection of rights, and that the programs are able
58.18to implement each client's individual treatment plan; and
58.19 (3) a day treatment program is provided to a group of clients by a team under the treatment
58.20supervision of a mental health professional. The day treatment program must be provided
58.21in and by: (i) an outpatient hospital accredited by the Joint Commission on Accreditation
58.22of Health Organizations and licensed under sections 144.50 to 144.55; (ii) a community
58.23mental health center under section 245.62; or (iii) an entity that is certified under subdivision
58.244 to operate a program that meets the requirements of section 245.4884, subdivision 2, and
58.25Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must stabilize
58.26the client's mental health status while developing and improving the client's independent
58.27living and socialization skills. The goal of the day treatment program must be to reduce or
58.28relieve the effects of mental illness and provide training to enable the client to live in the
58.29community. The remainder of the structured treatment program may include patient and/or
58.30family or group psychotherapy, and individual or group skills training, if included in the
58.31client's individual treatment plan. Day treatment programs are not part of inpatient or
58.32residential treatment services. When a day treatment group that meets the minimum group
58.33size requirement temporarily falls below the minimum group size because of a member's
58Sec. 67.
REVISOR DTT/LN 25-0204502/11/25 59.1temporary absence, medical assistance covers a group session conducted for the group
59.2members in attendance. A day treatment program may provide fewer than the minimally
59.3required hours for a particular child during a billing period in which the child is transitioning
59.4into, or out of, the program.
59.5 (b) To be eligible for medical assistance payment, a provider entity must deliver the
59.6service components of children's therapeutic services and supports in compliance with the
59.7following requirements:
59.8 (1) psychotherapy to address the child's underlying mental health disorder must be
59.9documented as part of the child's ongoing treatment. A provider must deliver or arrange for
59.10medically necessary psychotherapy unless the child's parent or caregiver chooses not to
59.11receive it or the provider determines that psychotherapy is no longer medically necessary.
59.12When a provider determines that psychotherapy is no longer medically necessary, the
59.13provider must update required documentation, including but not limited to the individual
59.14treatment plan, the child's medical record, or other authorizations, to include the
59.15determination. When a provider determines that a child needs psychotherapy but
59.16psychotherapy cannot be delivered due to a shortage of licensed mental health professionals
59.17in the child's community, the provider must document the lack of access in the child's
59.18medical record;
59.19 (2) individual, family, or group skills training is subject to the following requirements:
59.20 (i) a mental health professional, clinical trainee, or mental health practitioner shall provide
59.21skills training;
59.22 (ii) skills training delivered to a child or the child's family must be targeted to the specific
59.23deficits or maladaptations of the child's mental health disorder and must be prescribed in
59.24the child's individual treatment plan;
59.25 (iii) group skills training may be provided to multiple recipients who, because of the
59.26nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from
59.27interaction in a group setting, which must be staffed as follows:
59.28 (A) one mental health professional, clinical trainee, or mental health practitioner must
59.29work with a group of three to eight clients; or
59.30 (B) any combination of two mental health professionals, clinical trainees, or mental
59.31health practitioners must work with a group of nine to 12 clients;
59Sec. 67.
REVISOR DTT/LN 25-0204502/11/25 60.1 (iv) a mental health professional, clinical trainee, or mental health practitioner must have
60.2taught the psychosocial skill before a mental health behavioral aide may practice that skill
60.3with the client; and
60.4 (v) for group skills training, when a skills group that meets the minimum group size
60.5requirement temporarily falls below the minimum group size because of a group member's
60.6temporary absence, the provider may conduct the session for the group members in
60.7attendance;
60.8 (3) crisis planning to a child and family must include development of a written plan that
60.9anticipates the particular factors specific to the child that may precipitate a psychiatric crisis
60.10for the child in the near future. The written plan must document actions that the family
60.11should be prepared to take to resolve or stabilize a crisis, such as advance arrangements for
60.12direct intervention and support services to the child and the child's family. Crisis planning
60.13must include preparing resources designed to address abrupt or substantial changes in the
60.14functioning of the child or the child's family when sudden change in behavior or a loss of
60.15usual coping mechanisms is observed, or the child begins to present a danger to self or
60.16others;
60.17 (4) mental health behavioral aide services must be medically necessary treatment services,
60.18identified in the child's individual treatment plan.
60.19To be eligible for medical assistance payment, mental health behavioral aide services must
60.20be delivered to a child who has been diagnosed with an emotional disturbance or a mental
60.21illness, as provided in subdivision 1, paragraph (a). The mental health behavioral aide must
60.22document the delivery of services in written progress notes. Progress notes must reflect
60.23implementation of the treatment strategies, as performed by the mental health behavioral
60.24aide and the child's responses to the treatment strategies; and
60.25 (5) mental health service plan development must be performed in consultation with the
60.26child's family and, when appropriate, with other key participants in the child's life by the
60.27child's treating mental health professional or clinical trainee or by a mental health practitioner
60.28and approved by the treating mental health professional. Treatment plan drafting consists
60.29of development, review, and revision by face-to-face or electronic communication. The
60.30provider must document events, including the time spent with the family and other key
60.31participants in the child's life to approve the individual treatment plan. Medical assistance
60.32covers service plan development before completion of the child's individual treatment plan.
60.33Service plan development is covered only if a treatment plan is completed for the child. If
60Sec. 67.
REVISOR DTT/LN 25-0204502/11/25 61.1upon review it is determined that a treatment plan was not completed for the child, the
61.2commissioner shall recover the payment for the service plan development.
61.3 Sec. 68. Minnesota Statutes 2024, section 256B.0943, subdivision 12, is amended to read:
61.4 Subd. 12.Excluded services.The following services are not eligible for medical
61.5assistance payment as children's therapeutic services and supports:
61.6 (1) service components of children's therapeutic services and supports simultaneously
61.7provided by more than one provider entity unless prior authorization is obtained;
61.8 (2) treatment by multiple providers within the same agency at the same clock time,
61.9unless one service is delivered to the child and the other service is delivered to the child's
61.10family or treatment team without the child present;
61.11 (3) children's therapeutic services and supports provided in violation of medical assistance
61.12policy in Minnesota Rules, part 9505.0220;
61.13 (4) mental health behavioral aide services provided by a personal care assistant who is
61.14not qualified as a mental health behavioral aide and employed by a certified children's
61.15therapeutic services and supports provider entity;
61.16 (5) service components of CTSS that are the responsibility of a residential or program
61.17license holder, including foster care providers under the terms of a service agreement or
61.18administrative rules governing licensure; and
61.19 (6) adjunctive activities that may be offered by a provider entity but are not otherwise
61.20covered by medical assistance, including:
61.21 (i) a service that is primarily recreation oriented or that is provided in a setting that is
61.22not medically supervised. This includes sports activities, exercise groups, activities such as
61.23craft hours, leisure time, social hours, meal or snack time, trips to community activities,
61.24and tours;
61.25 (ii) a social or educational service that does not have or cannot reasonably be expected
61.26to have a therapeutic outcome related to the client's emotional disturbance mental illness;
61.27 (iii) prevention or education programs provided to the community; and
61.28 (iv) treatment for clients with primary diagnoses of alcohol or other drug abuse.
61Sec. 68.
REVISOR DTT/LN 25-0204502/11/25 62.1 Sec. 69. Minnesota Statutes 2024, section 256B.0943, subdivision 13, is amended to read:
62.2 Subd. 13.Exception to excluded services.Notwithstanding subdivision 12, up to 15
62.3hours of children's therapeutic services and supports provided within a six-month period to
62.4a child with severe emotional disturbance serious mental illness who is residing in a hospital;
62.5a residential treatment facility licensed under Minnesota Rules, parts 2960.0580 to 2960.0690;
62.6a psychiatric residential treatment facility under section 256B.0625, subdivision 45a; a
62.7regional treatment center; or other institutional group setting or who is participating in a
62.8program of partial hospitalization are eligible for medical assistance payment if part of the
62.9discharge plan.
62.10Sec. 70. Minnesota Statutes 2024, section 256B.0945, subdivision 1, is amended to read:
62.11 Subdivision 1.Residential services; provider qualifications.(a) Counties must arrange
62.12to provide residential services for children with severe emotional disturbance serious mental
62.13illness according to sections 245.4882, 245.4885, and this section.
62.14 (b) Services must be provided by a facility that is licensed according to section 245.4882
62.15and administrative rules promulgated thereunder, and under contract with the county.
62.16 (c) Eligible service costs may be claimed for a facility that is located in a state that
62.17borders Minnesota if:
62.18 (1) the facility is the closest facility to the child's home, providing the appropriate level
62.19of care; and
62.20 (2) the commissioner of human services has completed an inspection of the out-of-state
62.21program according to the interagency agreement with the commissioner of corrections under
62.22section 260B.198, subdivision 11, paragraph (b), and the program has been certified by the
62.23commissioner of corrections under section 260B.198, subdivision 11, paragraph (a), to
62.24substantially meet the standards applicable to children's residential mental health treatment
62.25programs under Minnesota Rules, chapter 2960. Nothing in this section requires the
62.26commissioner of human services to enforce the background study requirements under chapter
62.27245C or the requirements related to prevention and investigation of alleged maltreatment
62.28under section 626.557 or chapter 260E. Complaints received by the commissioner of human
62.29services must be referred to the out-of-state licensing authority for possible follow-up.
62.30 (d) Notwithstanding paragraph (b), eligible service costs may be claimed for an
62.31out-of-state inpatient treatment facility if:
62.32 (1) the facility specializes in providing mental health services to children who are deaf,
62.33deafblind, or hard-of-hearing and who use American Sign Language as their first language;
62Sec. 70.
REVISOR DTT/LN 25-0204502/11/25 63.1 (2) the facility is licensed by the state in which it is located; and
63.2 (3) the state in which the facility is located is a member state of the Interstate Compact
63.3on Mental Health.
63.4 Sec. 71. Minnesota Statutes 2024, section 256B.0946, subdivision 6, is amended to read:
63.5 Subd. 6.Excluded services.(a) Services in clauses (1) to (7) are not covered under this
63.6section and are not eligible for medical assistance payment as components of children's
63.7intensive behavioral health services, but may be billed separately:
63.8 (1) inpatient psychiatric hospital treatment;
63.9 (2) mental health targeted case management;
63.10 (3) partial hospitalization;
63.11 (4) medication management;
63.12 (5) children's mental health day treatment services;
63.13 (6) crisis response services under section 256B.0624;
63.14 (7) transportation; and
63.15 (8) mental health certified family peer specialist services under section 256B.0616.
63.16 (b) Children receiving intensive behavioral health services are not eligible for medical
63.17assistance reimbursement for the following services while receiving children's intensive
63.18behavioral health services:
63.19 (1) psychotherapy and skills training components of children's therapeutic services and
63.20supports under section 256B.0943;
63.21 (2) mental health behavioral aide services as defined in section 256B.0943, subdivision
63.221, paragraph (l) (j);
63.23 (3) home and community-based waiver services;
63.24 (4) mental health residential treatment; and
63.25 (5) medical assistance room and board rate, as defined in section 256B.056, subdivision
63.265d.
63Sec. 71.
REVISOR DTT/LN 25-0204502/11/25 64.1 Sec. 72. Minnesota Statutes 2024, section 256B.0947, subdivision 3a, is amended to read:
64.2 Subd. 3a.Required service components.(a) Intensive nonresidential rehabilitative
64.3mental health services, supports, and ancillary activities that are covered by a single daily
64.4rate per client must include the following, as needed by the individual client:
64.5 (1) individual, family, and group psychotherapy;
64.6 (2) individual, family, and group skills training, as defined in section 256B.0943,
64.7subdivision 1, paragraph (u) (r);
64.8 (3) crisis planning as defined in section 245.4871, subdivision 9a;
64.9 (4) medication management provided by a physician, an advanced practice registered
64.10nurse with certification in psychiatric and mental health care, or a physician assistant;
64.11 (5) mental health case management as provided in section 256B.0625, subdivision 20;
64.12 (6) medication education services as defined in this section;
64.13 (7) care coordination by a client-specific lead worker assigned by and responsible to the
64.14treatment team;
64.15 (8) psychoeducation of and consultation and coordination with the client's biological,
64.16adoptive, or foster family and, in the case of a youth living independently, the client's
64.17immediate nonfamilial support network;
64.18 (9) clinical consultation to a client's employer or school or to other service agencies or
64.19to the courts to assist in managing the mental illness or co-occurring disorder and to develop
64.20client support systems;
64.21 (10) coordination with, or performance of, crisis intervention and stabilization services
64.22as defined in section 256B.0624;
64.23 (11) transition services;
64.24 (12) co-occurring substance use disorder treatment as defined in section 245I.02,
64.25subdivision 11; and
64.26 (13) housing access support that assists clients to find, obtain, retain, and move to safe
64.27and adequate housing. Housing access support does not provide monetary assistance for
64.28rent, damage deposits, or application fees.
64.29 (b) The provider shall ensure and document the following by means of performing the
64.30required function or by contracting with a qualified person or entity: client access to crisis
64Sec. 72.
REVISOR DTT/LN 25-0204502/11/25 65.1intervention services, as defined in section 256B.0624, and available 24 hours per day and
65.2seven days per week.
65.3 Sec. 73. Minnesota Statutes 2024, section 256B.69, subdivision 23, is amended to read:
65.4 Subd. 23.Alternative services; elderly persons and persons with a disability.(a) The
65.5commissioner may implement demonstration projects to create alternative integrated delivery
65.6systems for acute and long-term care services to elderly persons and persons with disabilities
65.7as defined in section 256B.77, subdivision 7a, that provide increased coordination, improve
65.8access to quality services, and mitigate future cost increases. The commissioner may seek
65.9federal authority to combine Medicare and Medicaid capitation payments for the purpose
65.10of such demonstrations and may contract with Medicare-approved special needs plans that
65.11are offered by a demonstration provider or by an entity that is directly or indirectly wholly
65.12owned or controlled by a demonstration provider to provide Medicaid services. Medicare
65.13funds and services shall be administered according to the terms and conditions of the federal
65.14contract and demonstration provisions. For the purpose of administering medical assistance
65.15funds, demonstrations under this subdivision are subject to subdivisions 1 to 22. The
65.16provisions of Minnesota Rules, parts 9500.1450 to 9500.1464, apply to these demonstrations,
65.17with the exceptions of parts 9500.1452, subpart 2, item B; and 9500.1457, subpart 1, items
65.18B and C, which do not apply to persons enrolling in demonstrations under this section. All
65.19enforcement and rulemaking powers available under chapters 62D, 62M, and 62Q are hereby
65.20granted to the commissioner of health with respect to Medicare-approved special needs
65.21plans with which the commissioner contracts to provide Medicaid services under this section.
65.22An initial open enrollment period may be provided. Persons who disenroll from
65.23demonstrations under this subdivision remain subject to Minnesota Rules, parts 9500.1450
65.24to 9500.1464. When a person is enrolled in a health plan under these demonstrations and
65.25the health plan's participation is subsequently terminated for any reason, the person shall
65.26be provided an opportunity to select a new health plan and shall have the right to change
65.27health plans within the first 60 days of enrollment in the second health plan. Persons required
65.28to participate in health plans under this section who fail to make a choice of health plan
65.29shall not be randomly assigned to health plans under these demonstrations. Notwithstanding
65.30section 256L.12, subdivision 5, and Minnesota Rules, part 9505.5220, subpart 1, item A,
65.31if adopted, for the purpose of demonstrations under this subdivision, the commissioner may
65.32contract with managed care organizations, including counties, to serve only elderly persons
65.33eligible for medical assistance, elderly persons with a disability, or persons with a disability
65.34only. For persons with a primary diagnosis of developmental disability, serious and persistent
65.35mental illness, or serious emotional disturbance mental illness in children, the commissioner
65Sec. 73.
REVISOR DTT/LN 25-0204502/11/25 66.1must ensure that the county authority has approved the demonstration and contracting design.
66.2Enrollment in these projects for persons with disabilities shall be voluntary. The
66.3commissioner shall not implement any demonstration project under this subdivision for
66.4persons with a primary diagnosis of developmental disabilities, serious and persistent mental
66.5illness, or serious emotional disturbance, mental illness in children without approval of the
66.6county board of the county in which the demonstration is being implemented.
66.7 (b) MS 2009 Supplement [Expired, 2003 c 47 s 4; 2007 c 147 art 7 s 60]
66.8 (c) Before implementation of a demonstration project for persons with a disability, the
66.9commissioner must provide information to appropriate committees of the house of
66.10representatives and senate and must involve representatives of affected disability groups in
66.11the design of the demonstration projects.
66.12 (d) A nursing facility reimbursed under the alternative reimbursement methodology in
66.13section 256B.434 may, in collaboration with a hospital, clinic, or other health care entity
66.14provide services under paragraph (a). The commissioner shall amend the state plan and seek
66.15any federal waivers necessary to implement this paragraph.
66.16 (e) The commissioner, in consultation with the commissioners of commerce and health,
66.17may approve and implement programs for all-inclusive care for the elderly (PACE) according
66.18to federal laws and regulations governing that program and state laws or rules applicable
66.19to participating providers. A PACE provider is not required to be licensed or certified as a
66.20health plan company as defined in section 62Q.01, subdivision 4. Persons age 55 and older
66.21who have been screened by the county and found to be eligible for services under the elderly
66.22waiver or community access for disability inclusion or who are already eligible for Medicaid
66.23but meet level of care criteria for receipt of waiver services may choose to enroll in the
66.24PACE program. Medicare and Medicaid services will be provided according to this
66.25subdivision and federal Medicare and Medicaid requirements governing PACE providers
66.26and programs. PACE enrollees will receive Medicaid home and community-based services
66.27through the PACE provider as an alternative to services for which they would otherwise be
66.28eligible through home and community-based waiver programs and Medicaid State Plan
66.29Services. The commissioner shall establish Medicaid rates for PACE providers that do not
66.30exceed costs that would have been incurred under fee-for-service or other relevant managed
66.31care programs operated by the state.
66.32 (f) The commissioner shall seek federal approval to expand the Minnesota disability
66.33health options (MnDHO) program established under this subdivision in stages, first to
66.34regional population centers outside the seven-county metro area and then to all areas of the
66Sec. 73.
REVISOR DTT/LN 25-0204502/11/25 67.1state. Until July 1, 2009, expansion for MnDHO projects that include home and
67.2community-based services is limited to the two projects and service areas in effect on March
67.31, 2006. Enrollment in integrated MnDHO programs that include home and community-based
67.4services shall remain voluntary. Costs for home and community-based services included
67.5under MnDHO must not exceed costs that would have been incurred under the fee-for-service
67.6program. Notwithstanding whether expansion occurs under this paragraph, in determining
67.7MnDHO payment rates and risk adjustment methods, the commissioner must consider the
67.8methods used to determine county allocations for home and community-based program
67.9participants. If necessary to reduce MnDHO rates to comply with the provision regarding
67.10MnDHO costs for home and community-based services, the commissioner shall achieve
67.11the reduction by maintaining the base rate for contract year 2010 for services provided under
67.12the community access for disability inclusion waiver at the same level as for contract year
67.132009. The commissioner may apply other reductions to MnDHO rates to implement decreases
67.14in provider payment rates required by state law. Effective January 1, 2011, enrollment and
67.15operation of the MnDHO program in effect during 2010 shall cease. The commissioner may
67.16reopen the program provided all applicable conditions of this section are met. In developing
67.17program specifications for expansion of integrated programs, the commissioner shall involve
67.18and consult the state-level stakeholder group established in subdivision 28, paragraph (d),
67.19including consultation on whether and how to include home and community-based waiver
67.20programs. Plans to reopen MnDHO projects shall be presented to the chairs of the house of
67.21representatives and senate committees with jurisdiction over health and human services
67.22policy and finance prior to implementation.
67.23 (g) Notwithstanding section 256B.0621, health plans providing services under this section
67.24are responsible for home care targeted case management and relocation targeted case
67.25management. Services must be provided according to the terms of the waivers and contracts
67.26approved by the federal government.
67.27Sec. 74. Minnesota Statutes 2024, section 256B.77, subdivision 7a, is amended to read:
67.28 Subd. 7a.Eligible individuals.(a) Persons are eligible for the demonstration project as
67.29provided in this subdivision.
67.30 (b) "Eligible individuals" means those persons living in the demonstration site who are
67.31eligible for medical assistance and are disabled based on a disability determination under
67.32section 256B.055, subdivisions 7 and 12, or who are eligible for medical assistance and
67.33have been diagnosed as having:
67.34 (1) serious and persistent mental illness as defined in section 245.462, subdivision 20;
67Sec. 74.
REVISOR DTT/LN 25-0204502/11/25 68.1 (2) severe emotional disturbance serious mental illness as defined in section 245.4871,
68.2subdivision 6; or
68.3 (3) developmental disability, or being a person with a developmental disability as defined
68.4in section 252A.02, or a related condition as defined in section 256B.02, subdivision 11.
68.5Other individuals may be included at the option of the county authority based on agreement
68.6with the commissioner.
68.7 (c) Eligible individuals include individuals in excluded time status, as defined in chapter
68.8256G. Enrollees in excluded time at the time of enrollment shall remain in excluded time
68.9status as long as they live in the demonstration site and shall be eligible for 90 days after
68.10placement outside the demonstration site if they move to excluded time status in a county
68.11within Minnesota other than their county of financial responsibility.
68.12 (d) A person who is a sexual psychopathic personality as defined in section 253D.02,
68.13subdivision 15, or a sexually dangerous person as defined in section 253D.02, subdivision
68.1416, is excluded from enrollment in the demonstration project.
68.15Sec. 75. Minnesota Statutes 2024, section 260B.157, subdivision 3, is amended to read:
68.16 Subd. 3.Juvenile treatment screening team.(a) The local social services agency shall
68.17establish a juvenile treatment screening team to conduct screenings and prepare case plans
68.18under this subdivision. The team, which may be the team constituted under section 245.4885
68.19or 256B.092 or chapter 254B, shall consist of social workers, juvenile justice professionals,
68.20and persons with expertise in the treatment of juveniles who are emotionally disabled,
68.21chemically dependent, or have a developmental disability. The team shall involve parents
68.22or guardians in the screening process as appropriate. The team may be the same team as
68.23defined in section 260C.157, subdivision 3.
68.24 (b) If the court, prior to, or as part of, a final disposition, proposes to place a child:
68.25 (1) for the primary purpose of treatment for an emotional disturbance mental illness,
68.26and residential placement is consistent with section 260.012, a developmental disability, or
68.27chemical dependency in a residential treatment facility out of state or in one which is within
68.28the state and licensed by the commissioner of human services under chapter 245A; or
68.29 (2) in any out-of-home setting potentially exceeding 30 days in duration, including a
68.30post-dispositional placement in a facility licensed by the commissioner of corrections or
68.31human services, the court shall notify the county welfare agency. The county's juvenile
68.32treatment screening team must either:
68Sec. 75.
REVISOR DTT/LN 25-0204502/11/25 69.1 (i) screen and evaluate the child and file its recommendations with the court within 14
69.2days of receipt of the notice; or
69.3 (ii) elect not to screen a given case, and notify the court of that decision within three
69.4working days.
69.5 (c) If the screening team has elected to screen and evaluate the child, the child may not
69.6be placed for the primary purpose of treatment for an emotional disturbance mental illness,
69.7a developmental disability, or chemical dependency, in a residential treatment facility out
69.8of state nor in a residential treatment facility within the state that is licensed under chapter
69.9245A, unless one of the following conditions applies:
69.10 (1) a treatment professional certifies that an emergency requires the placement of the
69.11child in a facility within the state;
69.12 (2) the screening team has evaluated the child and recommended that a residential
69.13placement is necessary to meet the child's treatment needs and the safety needs of the
69.14community, that it is a cost-effective means of meeting the treatment needs, and that it will
69.15be of therapeutic value to the child; or
69.16 (3) the court, having reviewed a screening team recommendation against placement,
69.17determines to the contrary that a residential placement is necessary. The court shall state
69.18the reasons for its determination in writing, on the record, and shall respond specifically to
69.19the findings and recommendation of the screening team in explaining why the
69.20recommendation was rejected. The attorney representing the child and the prosecuting
69.21attorney shall be afforded an opportunity to be heard on the matter.
69.22Sec. 76. Minnesota Statutes 2024, section 260C.007, subdivision 16, is amended to read:
69.23 Subd. 16.Emotionally disturbed Mental illness."Emotionally disturbed Mental illness"
69.24means emotional disturbance a mental illness as described in section 245.4871, subdivision
69.2515.
69.26Sec. 77. Minnesota Statutes 2024, section 260C.007, subdivision 26d, is amended to read:
69.27 Subd. 26d.Qualified residential treatment program."Qualified residential treatment
69.28program" means a children's residential treatment program licensed under chapter 245A or
69.29licensed or approved by a tribe that is approved to receive foster care maintenance payments
69.30under section 142A.418 that:
69.31 (1) has a trauma-informed treatment model designed to address the needs of children
69.32with serious emotional or behavioral disorders or disturbances or mental illnesses;
69Sec. 77.
REVISOR DTT/LN 25-0204502/11/25 70.1 (2) has registered or licensed nursing staff and other licensed clinical staff who:
70.2 (i) provide care within the scope of their practice; and
70.3 (ii) are available 24 hours per day and seven days per week;
70.4 (3) is accredited by any of the following independent, nonprofit organizations: the
70.5Commission on Accreditation of Rehabilitation Facilities (CARF), the Joint Commission
70.6on Accreditation of Healthcare Organizations (JCAHO), and the Council on Accreditation
70.7(COA), or any other nonprofit accrediting organization approved by the United States
70.8Department of Health and Human Services;
70.9 (4) if it is in the child's best interests, facilitates participation of the child's family members
70.10in the child's treatment programming consistent with the child's out-of-home placement
70.11plan under sections 260C.212, subdivision 1, and 260C.708;
70.12 (5) facilitates outreach to family members of the child, including siblings;
70.13 (6) documents how the facility facilitates outreach to the child's parents and relatives,
70.14as well as documents the child's parents' and other relatives' contact information;
70.15 (7) documents how the facility includes family members in the child's treatment process,
70.16including after the child's discharge, and how the facility maintains the child's sibling
70.17connections; and
70.18 (8) provides the child and child's family with discharge planning and family-based
70.19aftercare support for at least six months after the child's discharge. Aftercare support may
70.20include clinical care consultation under section 256B.0671, subdivision 7, and mental health
70.21certified family peer specialist services under section 256B.0616.
70.22Sec. 78. Minnesota Statutes 2024, section 260C.007, subdivision 27b, is amended to read:
70.23 Subd. 27b.Residential treatment facility."Residential treatment facility" means a
70.2424-hour-a-day program that provides treatment for children with emotional disturbance
70.25mental illness, consistent with section 245.4871, subdivision 32, and includes a licensed
70.26residential program specializing in caring 24 hours a day for children with a developmental
70.27delay or related condition. A residential treatment facility does not include a psychiatric
70.28residential treatment facility under section 256B.0941 or a family foster home as defined
70.29in section 260C.007, subdivision 16b.
70Sec. 78.
REVISOR DTT/LN 25-0204502/11/25 71.1 Sec. 79. Minnesota Statutes 2024, section 260C.157, subdivision 3, is amended to read:
71.2 Subd. 3.Juvenile treatment screening team.(a) The responsible social services agency
71.3shall establish a juvenile treatment screening team to conduct screenings under this chapter
71.4and chapter 260D, for a child to receive treatment for an emotional disturbance a mental
71.5illness, a developmental disability, or related condition in a residential treatment facility
71.6licensed by the commissioner of human services under chapter 245A, or licensed or approved
71.7by a tribe. A screening team is not required for a child to be in: (1) a residential facility
71.8specializing in prenatal, postpartum, or parenting support; (2) a facility specializing in
71.9high-quality residential care and supportive services to children and youth who have been
71.10or are at risk of becoming victims of sex trafficking or commercial sexual exploitation; (3)
71.11supervised settings for youth who are 18 years of age or older and living independently; or
71.12(4) a licensed residential family-based treatment facility for substance abuse consistent with
71.13section 260C.190. Screenings are also not required when a child must be placed in a facility
71.14due to an emotional crisis or other mental health emergency.
71.15 (b) The responsible social services agency shall conduct screenings within 15 days of a
71.16request for a screening, unless the screening is for the purpose of residential treatment and
71.17the child is enrolled in a prepaid health program under section 256B.69, in which case the
71.18agency shall conduct the screening within ten working days of a request. The responsible
71.19social services agency shall convene the juvenile treatment screening team, which may be
71.20constituted under section 245.4885, 254B.05, or 256B.092. The team shall consist of social
71.21workers; persons with expertise in the treatment of juveniles who are emotionally disturbed,
71.22chemically dependent, or have a developmental disability; and the child's parent, guardian,
71.23or permanent legal custodian. The team may include the child's relatives as defined in section
71.24260C.007, subdivisions 26b and 27, the child's foster care provider, and professionals who
71.25are a resource to the child's family such as teachers, medical or mental health providers,
71.26and clergy, as appropriate, consistent with the family and permanency team as defined in
71.27section 260C.007, subdivision 16a. Prior to forming the team, the responsible social services
71.28agency must consult with the child's parents, the child if the child is age 14 or older, and,
71.29if applicable, the child's tribe to obtain recommendations regarding which individuals to
71.30include on the team and to ensure that the team is family-centered and will act in the child's
71.31best interests. If the child, child's parents, or legal guardians raise concerns about specific
71.32relatives or professionals, the team should not include those individuals. This provision
71.33does not apply to paragraph (c).
71.34 (c) If the agency provides notice to tribes under section 260.761, and the child screened
71.35is an Indian child, the responsible social services agency must make a rigorous and concerted
71Sec. 79.
REVISOR DTT/LN 25-0204502/11/25 72.1effort to include a designated representative of the Indian child's tribe on the juvenile
72.2treatment screening team, unless the child's tribal authority declines to appoint a
72.3representative. The Indian child's tribe may delegate its authority to represent the child to
72.4any other federally recognized Indian tribe, as defined in section 260.755, subdivision 12.
72.5The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections
72.61901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to
72.7260.835, apply to this section.
72.8 (d) If the court, prior to, or as part of, a final disposition or other court order, proposes
72.9to place a child with an emotional disturbance or a mental illness, developmental disability,
72.10or related condition in residential treatment, the responsible social services agency must
72.11conduct a screening. If the team recommends treating the child in a qualified residential
72.12treatment program, the agency must follow the requirements of sections 260C.70 to
72.13260C.714.
72.14 The court shall ascertain whether the child is an Indian child and shall notify the
72.15responsible social services agency and, if the child is an Indian child, shall notify the Indian
72.16child's tribe as paragraph (c) requires.
72.17 (e) When the responsible social services agency is responsible for placing and caring
72.18for the child and the screening team recommends placing a child in a qualified residential
72.19treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1)
72.20begin the assessment and processes required in section 260C.704 without delay; and (2)
72.21conduct a relative search according to section 260C.221 to assemble the child's family and
72.22permanency team under section 260C.706. Prior to notifying relatives regarding the family
72.23and permanency team, the responsible social services agency must consult with the child's
72.24parent or legal guardian, the child if the child is age 14 or older, and, if applicable, the child's
72.25tribe to ensure that the agency is providing notice to individuals who will act in the child's
72.26best interests. The child and the child's parents may identify a culturally competent qualified
72.27individual to complete the child's assessment. The agency shall make efforts to refer the
72.28assessment to the identified qualified individual. The assessment may not be delayed for
72.29the purpose of having the assessment completed by a specific qualified individual.
72.30 (f) When a screening team determines that a child does not need treatment in a qualified
72.31residential treatment program, the screening team must:
72.32 (1) document the services and supports that will prevent the child's foster care placement
72.33and will support the child remaining at home;
72Sec. 79.
REVISOR DTT/LN 25-0204502/11/25 73.1 (2) document the services and supports that the agency will arrange to place the child
73.2in a family foster home; or
73.3 (3) document the services and supports that the agency has provided in any other setting.
73.4 (g) When the Indian child's tribe or tribal health care services provider or Indian Health
73.5Services provider proposes to place a child for the primary purpose of treatment for an
73.6emotional disturbance a mental illness, a developmental disability, or co-occurring emotional
73.7disturbance mental illness and chemical dependency, the Indian child's tribe or the tribe
73.8delegated by the child's tribe shall submit necessary documentation to the county juvenile
73.9treatment screening team, which must invite the Indian child's tribe to designate a
73.10representative to the screening team.
73.11 (h) The responsible social services agency must conduct and document the screening in
73.12a format approved by the commissioner of human services.
73.13Sec. 80. Minnesota Statutes 2024, section 260C.201, subdivision 1, is amended to read:
73.14 Subdivision 1.Dispositions.(a) If the court finds that the child is in need of protection
73.15or services or neglected and in foster care, the court shall enter an order making any of the
73.16following dispositions of the case:
73.17 (1) place the child under the protective supervision of the responsible social services
73.18agency or child-placing agency in the home of a parent of the child under conditions
73.19prescribed by the court directed to the correction of the child's need for protection or services:
73.20 (i) the court may order the child into the home of a parent who does not otherwise have
73.21legal custody of the child, however, an order under this section does not confer legal custody
73.22on that parent;
73.23 (ii) if the court orders the child into the home of a father who is not adjudicated, the
73.24father must cooperate with paternity establishment proceedings regarding the child in the
73.25appropriate jurisdiction as one of the conditions prescribed by the court for the child to
73.26continue in the father's home; and
73.27 (iii) the court may order the child into the home of a noncustodial parent with conditions
73.28and may also order both the noncustodial and the custodial parent to comply with the
73.29requirements of a case plan under subdivision 2; or
73.30 (2) transfer legal custody to one of the following:
73.31 (i) a child-placing agency; or
73Sec. 80.
REVISOR DTT/LN 25-0204502/11/25 74.1 (ii) the responsible social services agency. In making a foster care placement of a child
74.2whose custody has been transferred under this subdivision, the agency shall make an
74.3individualized determination of how the placement is in the child's best interests using the
74.4placement consideration order for relatives and the best interest factors in section 260C.212,
74.5subdivision 2, and may include a child colocated with a parent in a licensed residential
74.6family-based substance use disorder treatment program under section 260C.190; or
74.7 (3) order a trial home visit without modifying the transfer of legal custody to the
74.8responsible social services agency under clause (2). Trial home visit means the child is
74.9returned to the care of the parent or guardian from whom the child was removed for a period
74.10not to exceed six months. During the period of the trial home visit, the responsible social
74.11services agency:
74.12 (i) shall continue to have legal custody of the child, which means that the agency may
74.13see the child in the parent's home, at school, in a child care facility, or other setting as the
74.14agency deems necessary and appropriate;
74.15 (ii) shall continue to have the ability to access information under section 260C.208;
74.16 (iii) shall continue to provide appropriate services to both the parent and the child during
74.17the period of the trial home visit;
74.18 (iv) without previous court order or authorization, may terminate the trial home visit in
74.19order to protect the child's health, safety, or welfare and may remove the child to foster care;
74.20 (v) shall advise the court and parties within three days of the termination of the trial
74.21home visit when a visit is terminated by the responsible social services agency without a
74.22court order; and
74.23 (vi) shall prepare a report for the court when the trial home visit is terminated whether
74.24by the agency or court order that describes the child's circumstances during the trial home
74.25visit and recommends appropriate orders, if any, for the court to enter to provide for the
74.26child's safety and stability. In the event a trial home visit is terminated by the agency by
74.27removing the child to foster care without prior court order or authorization, the court shall
74.28conduct a hearing within ten days of receiving notice of the termination of the trial home
74.29visit by the agency and shall order disposition under this subdivision or commence
74.30permanency proceedings under sections 260C.503 to 260C.515. The time period for the
74.31hearing may be extended by the court for good cause shown and if it is in the best interests
74.32of the child as long as the total time the child spends in foster care without a permanency
74.33hearing does not exceed 12 months;
74Sec. 80.
REVISOR DTT/LN 25-0204502/11/25 75.1 (4) if the child has been adjudicated as a child in need of protection or services because
75.2the child is in need of special services or care to treat or ameliorate a physical or mental
75.3disability or emotional disturbance a mental illness as defined in section 245.4871,
75.4subdivision 15, the court may order the child's parent, guardian, or custodian to provide it.
75.5The court may order the child's health plan company to provide mental health services to
75.6the child. Section 62Q.535 applies to an order for mental health services directed to the
75.7child's health plan company. If the health plan, parent, guardian, or custodian fails or is
75.8unable to provide this treatment or care, the court may order it provided. Absent specific
75.9written findings by the court that the child's disability is the result of abuse or neglect by
75.10the child's parent or guardian, the court shall not transfer legal custody of the child for the
75.11purpose of obtaining special treatment or care solely because the parent is unable to provide
75.12the treatment or care. If the court's order for mental health treatment is based on a diagnosis
75.13made by a treatment professional, the court may order that the diagnosing professional not
75.14provide the treatment to the child if it finds that such an order is in the child's best interests;
75.15or
75.16 (5) if the court believes that the child has sufficient maturity and judgment and that it is
75.17in the best interests of the child, the court may order a child 16 years old or older to be
75.18allowed to live independently, either alone or with others as approved by the court under
75.19supervision the court considers appropriate, if the county board, after consultation with the
75.20court, has specifically authorized this dispositional alternative for a child.
75.21 (b) If the child was adjudicated in need of protection or services because the child is a
75.22runaway or habitual truant, the court may order any of the following dispositions in addition
75.23to or as alternatives to the dispositions authorized under paragraph (a):
75.24 (1) counsel the child or the child's parents, guardian, or custodian;
75.25 (2) place the child under the supervision of a probation officer or other suitable person
75.26in the child's own home under conditions prescribed by the court, including reasonable rules
75.27for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
75.28the physical, mental, and moral well-being and behavior of the child;
75.29 (3) subject to the court's supervision, transfer legal custody of the child to one of the
75.30following:
75.31 (i) a reputable person of good moral character. No person may receive custody of two
75.32or more unrelated children unless licensed to operate a residential program under sections
75.33245A.01 to 245A.16; or
75Sec. 80.
REVISOR DTT/LN 25-0204502/11/25 76.1 (ii) a county probation officer for placement in a group foster home established under
76.2the direction of the juvenile court and licensed pursuant to section 241.021;
76.3 (4) require the child to pay a fine of up to $100. The court shall order payment of the
76.4fine in a manner that will not impose undue financial hardship upon the child;
76.5 (5) require the child to participate in a community service project;
76.6 (6) order the child to undergo a chemical dependency evaluation and, if warranted by
76.7the evaluation, order participation by the child in a drug awareness program or an inpatient
76.8or outpatient chemical dependency treatment program;
76.9 (7) if the court believes that it is in the best interests of the child or of public safety that
76.10the child's driver's license or instruction permit be canceled, the court may order the
76.11commissioner of public safety to cancel the child's license or permit for any period up to
76.12the child's 18th birthday. If the child does not have a driver's license or permit, the court
76.13may order a denial of driving privileges for any period up to the child's 18th birthday. The
76.14court shall forward an order issued under this clause to the commissioner, who shall cancel
76.15the license or permit or deny driving privileges without a hearing for the period specified
76.16by the court. At any time before the expiration of the period of cancellation or denial, the
76.17court may, for good cause, order the commissioner of public safety to allow the child to
76.18apply for a license or permit, and the commissioner shall so authorize;
76.19 (8) order that the child's parent or legal guardian deliver the child to school at the
76.20beginning of each school day for a period of time specified by the court; or
76.21 (9) require the child to perform any other activities or participate in any other treatment
76.22programs deemed appropriate by the court.
76.23 To the extent practicable, the court shall enter a disposition order the same day it makes
76.24a finding that a child is in need of protection or services or neglected and in foster care, but
76.25in no event more than 15 days after the finding unless the court finds that the best interests
76.26of the child will be served by granting a delay. If the child was under eight years of age at
76.27the time the petition was filed, the disposition order must be entered within ten days of the
76.28finding and the court may not grant a delay unless good cause is shown and the court finds
76.29the best interests of the child will be served by the delay.
76.30 (c) If a child who is 14 years of age or older is adjudicated in need of protection or
76.31services because the child is a habitual truant and truancy procedures involving the child
76.32were previously dealt with by a school attendance review board or county attorney mediation
76.33program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
76Sec. 80.
REVISOR DTT/LN 25-0204502/11/25 77.1of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
77.2birthday.
77.3 (d) In the case of a child adjudicated in need of protection or services because the child
77.4has committed domestic abuse and been ordered excluded from the child's parent's home,
77.5the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
77.6to provide an alternative safe living arrangement for the child as defined in paragraph (f).
77.7 (e) When a parent has complied with a case plan ordered under subdivision 6 and the
77.8child is in the care of the parent, the court may order the responsible social services agency
77.9to monitor the parent's continued ability to maintain the child safely in the home under such
77.10terms and conditions as the court determines appropriate under the circumstances.
77.11 (f) For the purposes of this subdivision, "alternative safe living arrangement" means a
77.12living arrangement for a child proposed by a petitioning parent or guardian if a court excludes
77.13the minor from the parent's or guardian's home that is separate from the victim of domestic
77.14abuse and safe for the child respondent. A living arrangement proposed by a petitioning
77.15parent or guardian is presumed to be an alternative safe living arrangement absent information
77.16to the contrary presented to the court. In evaluating any proposed living arrangement, the
77.17court shall consider whether the arrangement provides the child with necessary food, clothing,
77.18shelter, and education in a safe environment. Any proposed living arrangement that would
77.19place the child in the care of an adult who has been physically or sexually violent is presumed
77.20unsafe.
77.21Sec. 81. Minnesota Statutes 2024, section 260C.201, subdivision 2, is amended to read:
77.22 Subd. 2.Written findings.(a) Any order for a disposition authorized under this section
77.23shall contain written findings of fact to support the disposition and case plan ordered and
77.24shall also set forth in writing the following information:
77.25 (1) why the best interests and safety of the child are served by the disposition and case
77.26plan ordered;
77.27 (2) what alternative dispositions or services under the case plan were considered by the
77.28court and why such dispositions or services were not appropriate in the instant case;
77.29 (3) when legal custody of the child is transferred, the appropriateness of the particular
77.30placement made or to be made by the placing agency using the relative and sibling placement
77.31considerations and best interest factors in section 260C.212, subdivision 2, or the
77.32appropriateness of a child colocated with a parent in a licensed residential family-based
77.33substance use disorder treatment program under section 260C.190;
77Sec. 81.
REVISOR DTT/LN 25-0204502/11/25 78.1 (4) whether reasonable efforts to finalize the permanent plan for the child consistent
78.2with section 260.012 were made including reasonable efforts:
78.3 (i) to prevent the child's placement and to reunify the child with the parent or guardian
78.4from whom the child was removed at the earliest time consistent with the child's safety.
78.5The court's findings must include a brief description of what preventive and reunification
78.6efforts were made and why further efforts could not have prevented or eliminated the
78.7necessity of removal or that reasonable efforts were not required under section 260.012 or
78.8260C.178, subdivision 1;
78.9 (ii) to identify and locate any noncustodial or nonresident parent of the child and to
78.10assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
78.11provide services necessary to enable the noncustodial or nonresident parent to safely provide
78.12day-to-day care of the child as required under section 260C.219, unless such services are
78.13not required under section 260.012 or 260C.178, subdivision 1. The court's findings must
78.14include a description of the agency's efforts to:
78.15 (A) identify and locate the child's noncustodial or nonresident parent;
78.16 (B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of
78.17the child; and
78.18 (C) if appropriate, provide services necessary to enable the noncustodial or nonresident
78.19parent to safely provide the child's day-to-day care, including efforts to engage the
78.20noncustodial or nonresident parent in assuming care and responsibility of the child;
78.21 (iii) to make the diligent search for relatives and provide the notices required under
78.22section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the
78.23agency has made diligent efforts to conduct a relative search and has appropriately engaged
78.24relatives who responded to the notice under section 260C.221 and other relatives, who came
78.25to the attention of the agency after notice under section 260C.221 was sent, in placement
78.26and case planning decisions fulfills the requirement of this item;
78.27 (iv) to identify and make a foster care placement of the child, considering the order in
78.28section 260C.212, subdivision 2, paragraph (a), in the home of an unlicensed relative,
78.29according to the requirements of section 142B.06, a licensed relative, or other licensed foster
78.30care provider, who will commit to being the permanent legal parent or custodian for the
78.31child in the event reunification cannot occur, but who will actively support the reunification
78.32plan for the child. If the court finds that the agency has not appropriately considered relatives
78.33for placement of the child, the court shall order the agency to comply with section 260C.212,
78Sec. 81.
REVISOR DTT/LN 25-0204502/11/25 79.1subdivision 2, paragraph (a). The court may order the agency to continue considering
79.2relatives for placement of the child regardless of the child's current placement setting; and
79.3 (v) to place siblings together in the same home or to ensure visitation is occurring when
79.4siblings are separated in foster care placement and visitation is in the siblings' best interests
79.5under section 260C.212, subdivision 2, paragraph (d); and
79.6 (5) if the child has been adjudicated as a child in need of protection or services because
79.7the child is in need of special services or care to treat or ameliorate a mental disability or
79.8emotional disturbance a mental illness as defined in section 245.4871, subdivision 15, the
79.9written findings shall also set forth:
79.10 (i) whether the child has mental health needs that must be addressed by the case plan;
79.11 (ii) what consideration was given to the diagnostic and functional assessments performed
79.12by the child's mental health professional and to health and mental health care professionals'
79.13treatment recommendations;
79.14 (iii) what consideration was given to the requests or preferences of the child's parent or
79.15guardian with regard to the child's interventions, services, or treatment; and
79.16 (iv) what consideration was given to the cultural appropriateness of the child's treatment
79.17or services.
79.18 (b) If the court finds that the social services agency's preventive or reunification efforts
79.19have not been reasonable but that further preventive or reunification efforts could not permit
79.20the child to safely remain at home, the court may nevertheless authorize or continue the
79.21removal of the child.
79.22 (c) If the child has been identified by the responsible social services agency as the subject
79.23of concurrent permanency planning, the court shall review the reasonable efforts of the
79.24agency to develop a permanency plan for the child that includes a primary plan that is for
79.25reunification with the child's parent or guardian and a secondary plan that is for an alternative,
79.26legally permanent home for the child in the event reunification cannot be achieved in a
79.27timely manner.
79.28Sec. 82. Minnesota Statutes 2024, section 260C.301, subdivision 4, is amended to read:
79.29 Subd. 4.Current foster care children.Except for cases where the child is in placement
79.30due solely to the child's developmental disability or emotional disturbance a mental illness,
79.31where custody has not been transferred to the responsible social services agency, and where
79.32the court finds compelling reasons to continue placement, the county attorney shall file a
79Sec. 82.
REVISOR DTT/LN 25-0204502/11/25 80.1termination of parental rights petition or a petition to transfer permanent legal and physical
80.2custody to a relative under section 260C.515, subdivision 4, for all children who have been
80.3in out-of-home care for 15 of the most recent 22 months. This requirement does not apply
80.4if there is a compelling reason approved by the court for determining that filing a termination
80.5of parental rights petition or other permanency petition would not be in the best interests
80.6of the child or if the responsible social services agency has not provided reasonable efforts
80.7necessary for the safe return of the child, if reasonable efforts are required.
80.8 Sec. 83. Minnesota Statutes 2024, section 260D.01, is amended to read:
80.9 260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
80.10 (a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for
80.11treatment" provisions of the Juvenile Court Act.
80.12 (b) The juvenile court has original and exclusive jurisdiction over a child in voluntary
80.13foster care for treatment upon the filing of a report or petition required under this chapter.
80.14All obligations of the responsible social services agency to a child and family in foster care
80.15contained in chapter 260C not inconsistent with this chapter are also obligations of the
80.16agency with regard to a child in foster care for treatment under this chapter.
80.17 (c) This chapter shall be construed consistently with the mission of the children's mental
80.18health service system as set out in section 245.487, subdivision 3, and the duties of an agency
80.19under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016,
80.20to meet the needs of a child with a developmental disability or related condition. This
80.21chapter:
80.22 (1) establishes voluntary foster care through a voluntary foster care agreement as the
80.23means for an agency and a parent to provide needed treatment when the child must be in
80.24foster care to receive necessary treatment for an emotional disturbance or a mental illness,
80.25developmental disability, or related condition;
80.26 (2) establishes court review requirements for a child in voluntary foster care for treatment
80.27due to emotional disturbance or a mental illness, developmental disability, or a related
80.28condition;
80.29 (3) establishes the ongoing responsibility of the parent as legal custodian to visit the
80.30child, to plan together with the agency for the child's treatment needs, to be available and
80.31accessible to the agency to make treatment decisions, and to obtain necessary medical,
80.32dental, and other care for the child;
80Sec. 83.
REVISOR DTT/LN 25-0204502/11/25 81.1 (4) applies to voluntary foster care when the child's parent and the agency agree that the
81.2child's treatment needs require foster care either:
81.3 (i) due to a level of care determination by the agency's screening team informed by the
81.4child's diagnostic and functional assessment under section 245.4885; or
81.5 (ii) due to a determination regarding the level of services needed by the child by the
81.6responsible social services agency's screening team under section 256B.092, and Minnesota
81.7Rules, parts 9525.0004 to 9525.0016; and
81.8 (5) includes the requirements for a child's placement in sections 260C.70 to 260C.714,
81.9when the juvenile treatment screening team recommends placing a child in a qualified
81.10residential treatment program, except as modified by this chapter.
81.11 (d) This chapter does not apply when there is a current determination under chapter
81.12260E that the child requires child protective services or when the child is in foster care for
81.13any reason other than treatment for the child's emotional disturbance or mental illness,
81.14developmental disability, or related condition. When there is a determination under chapter
81.15260E that the child requires child protective services based on an assessment that there are
81.16safety and risk issues for the child that have not been mitigated through the parent's
81.17engagement in services or otherwise, or when the child is in foster care for any reason other
81.18than the child's emotional disturbance or mental illness, developmental disability, or related
81.19condition, the provisions of chapter 260C apply.
81.20 (e) The paramount consideration in all proceedings concerning a child in voluntary foster
81.21care for treatment is the safety, health, and the best interests of the child. The purpose of
81.22this chapter is:
81.23 (1) to ensure that a child with a disability is provided the services necessary to treat or
81.24ameliorate the symptoms of the child's disability;
81.25 (2) to preserve and strengthen the child's family ties whenever possible and in the child's
81.26best interests, approving the child's placement away from the child's parents only when the
81.27child's need for care or treatment requires out-of-home placement and the child cannot be
81.28maintained in the home of the parent; and
81.29 (3) to ensure that the child's parent retains legal custody of the child and associated
81.30decision-making authority unless the child's parent willfully fails or is unable to make
81.31decisions that meet the child's safety, health, and best interests. The court may not find that
81.32the parent willfully fails or is unable to make decisions that meet the child's needs solely
81.33because the parent disagrees with the agency's choice of foster care facility, unless the
81Sec. 83.
REVISOR DTT/LN 25-0204502/11/25 82.1agency files a petition under chapter 260C, and establishes by clear and convincing evidence
82.2that the child is in need of protection or services.
82.3 (f) The legal parent-child relationship shall be supported under this chapter by maintaining
82.4the parent's legal authority and responsibility for ongoing planning for the child and by the
82.5agency's assisting the parent, when necessary, to exercise the parent's ongoing right and
82.6obligation to visit or to have reasonable contact with the child. Ongoing planning means:
82.7 (1) actively participating in the planning and provision of educational services, medical,
82.8and dental care for the child;
82.9 (2) actively planning and participating with the agency and the foster care facility for
82.10the child's treatment needs;
82.11 (3) planning to meet the child's need for safety, stability, and permanency, and the child's
82.12need to stay connected to the child's family and community;
82.13 (4) engaging with the responsible social services agency to ensure that the family and
82.14permanency team under section 260C.706 consists of appropriate family members. For
82.15purposes of voluntary placement of a child in foster care for treatment under chapter 260D,
82.16prior to forming the child's family and permanency team, the responsible social services
82.17agency must consult with the child's parent or legal guardian, the child if the child is 14
82.18years of age or older, and, if applicable, the child's Tribe to obtain recommendations regarding
82.19which individuals to include on the team and to ensure that the team is family-centered and
82.20will act in the child's best interests. If the child, child's parents, or legal guardians raise
82.21concerns about specific relatives or professionals, the team should not include those
82.22individuals unless the individual is a treating professional or an important connection to the
82.23youth as outlined in the case or crisis plan; and
82.24 (5) for a voluntary placement under this chapter in a qualified residential treatment
82.25program, as defined in section 260C.007, subdivision 26d, for purposes of engaging in a
82.26relative search as provided in section 260C.221, the county agency must consult with the
82.27child's parent or legal guardian, the child if the child is 14 years of age or older, and, if
82.28applicable, the child's Tribe to obtain recommendations regarding which adult relatives the
82.29county agency should notify. If the child, child's parents, or legal guardians raise concerns
82.30about specific relatives, the county agency should not notify those relatives.
82.31 (g) The provisions of section 260.012 to ensure placement prevention, family
82.32reunification, and all active and reasonable effort requirements of that section apply.
82Sec. 83.
REVISOR DTT/LN 25-0204502/11/25 83.1 Sec. 84. Minnesota Statutes 2024, section 260D.02, subdivision 5, is amended to read:
83.2 Subd. 5.Child in voluntary foster care for treatment."Child in voluntary foster care
83.3for treatment" means a child with emotional disturbance a mental illness or developmental
83.4disability, or who has a related condition and is in foster care under a voluntary foster care
83.5agreement between the child's parent and the agency due to concurrence between the agency
83.6and the parent when it is determined that foster care is medically necessary:
83.7 (1) due to a determination by the agency's screening team based on its review of the
83.8diagnostic and functional assessment under section 245.4885; or
83.9 (2) due to a determination by the agency's screening team under section 256B.092 and
83.10Minnesota Rules, parts 9525.0004 to 9525.0016.
83.11 A child is not in voluntary foster care for treatment under this chapter when there is a
83.12current determination under chapter 260E that the child requires child protective services
83.13or when the child is in foster care for any reason other than the child's emotional or mental
83.14illness, developmental disability, or related condition.
83.15Sec. 85. Minnesota Statutes 2024, section 260D.02, subdivision 9, is amended to read:
83.16 Subd. 9. Emotional disturbance Mental illness."Emotional disturbance Mental illness"
83.17means emotional disturbance a mental illness as described in section 245.4871, subdivision
83.1815.
83.19Sec. 86. Minnesota Statutes 2024, section 260D.03, subdivision 1, is amended to read:
83.20 Subdivision 1.Voluntary foster care.When the agency's screening team, based upon
83.21the diagnostic and functional assessment under section 245.4885 or medical necessity
83.22screenings under section 256B.092, subdivision 7, determines the child's need for treatment
83.23due to emotional disturbance or a mental illness, developmental disability, or related condition
83.24requires foster care placement of the child, a voluntary foster care agreement between the
83.25child's parent and the agency gives the agency legal authority to place the child in foster
83.26care.
83Sec. 86.
REVISOR DTT/LN 25-0204502/11/25 84.1 Sec. 87. Minnesota Statutes 2024, section 260D.04, is amended to read:
84.2 260D.04 REQUIRED INFORMATION FOR A CHILD IN VOLUNTARY FOSTER
84.3CARE FOR TREATMENT.
84.4 An agency with authority to place a child in voluntary foster care for treatment due to
84.5emotional disturbance or a mental illness, developmental disability, or related condition,
84.6shall inform the child, age 12 or older, of the following:
84.7 (1) the child has the right to be consulted in the preparation of the out-of-home placement
84.8plan required under section 260C.212, subdivision 1, and the administrative review required
84.9under section 260C.203;
84.10 (2) the child has the right to visit the parent and the right to visit the child's siblings as
84.11determined safe and appropriate by the parent and the agency;
84.12 (3) if the child disagrees with the foster care facility or services provided under the
84.13out-of-home placement plan required under section 260C.212, subdivision 1, the agency
84.14shall include information about the nature of the child's disagreement and, to the extent
84.15possible, the agency's understanding of the basis of the child's disagreement in the information
84.16provided to the court in the report required under section 260D.06; and
84.17 (4) the child has the rights established under Minnesota Rules, part 2960.0050, as a
84.18resident of a facility licensed by the state.
84.19Sec. 88. Minnesota Statutes 2024, section 260D.06, subdivision 2, is amended to read:
84.20 Subd. 2.Agency report to court; court review.The agency shall obtain judicial review
84.21by reporting to the court according to the following procedures:
84.22 (a) A written report shall be forwarded to the court within 165 days of the date of the
84.23voluntary placement agreement. The written report shall contain or have attached:
84.24 (1) a statement of facts that necessitate the child's foster care placement;
84.25 (2) the child's name, date of birth, race, gender, and current address;
84.26 (3) the names, race, date of birth, residence, and post office addresses of the child's
84.27parents or legal custodian;
84.28 (4) a statement regarding the child's eligibility for membership or enrollment in an Indian
84.29tribe and the agency's compliance with applicable provisions of sections 260.751 to 260.835;
84.30 (5) the names and addresses of the foster parents or chief administrator of the facility in
84.31which the child is placed, if the child is not in a family foster home or group home;
84Sec. 88.
REVISOR DTT/LN 25-0204502/11/25 85.1 (6) a copy of the out-of-home placement plan required under section 260C.212,
85.2subdivision 1;
85.3 (7) a written summary of the proceedings of any administrative review required under
85.4section 260C.203;
85.5 (8) evidence as specified in section 260C.712 when a child is placed in a qualified
85.6residential treatment program as defined in section 260C.007, subdivision 26d; and
85.7 (9) any other information the agency, parent or legal custodian, the child or the foster
85.8parent, or other residential facility wants the court to consider.
85.9 (b) In the case of a child in placement due to emotional disturbance a mental illness, the
85.10written report shall include as an attachment, the child's individual treatment plan developed
85.11by the child's treatment professional, as provided in section 245.4871, subdivision 21, or
85.12the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph
85.13(e).
85.14 (c) In the case of a child in placement due to developmental disability or a related
85.15condition, the written report shall include as an attachment, the child's individual service
85.16plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan,
85.17as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan;
85.18or the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph
85.19(e).
85.20 (d) The agency must inform the child, age 12 or older, the child's parent, and the foster
85.21parent or foster care facility of the reporting and court review requirements of this section
85.22and of their right to submit information to the court:
85.23 (1) if the child or the child's parent or the foster care provider wants to send information
85.24to the court, the agency shall advise those persons of the reporting date and the date by
85.25which the agency must receive the information they want forwarded to the court so the
85.26agency is timely able submit it with the agency's report required under this subdivision;
85.27 (2) the agency must also inform the child, age 12 or older, the child's parent, and the
85.28foster care facility that they have the right to be heard in person by the court and how to
85.29exercise that right;
85.30 (3) the agency must also inform the child, age 12 or older, the child's parent, and the
85.31foster care provider that an in-court hearing will be held if requested by the child, the parent,
85.32or the foster care provider; and
85Sec. 88.
REVISOR DTT/LN 25-0204502/11/25 86.1 (4) if, at the time required for the report under this section, a child, age 12 or older,
86.2disagrees about the foster care facility or services provided under the out-of-home placement
86.3plan required under section 260C.212, subdivision 1, the agency shall include information
86.4regarding the child's disagreement, and to the extent possible, the basis for the child's
86.5disagreement in the report required under this section.
86.6 (e) After receiving the required report, the court has jurisdiction to make the following
86.7determinations and must do so within ten days of receiving the forwarded report, whether
86.8a hearing is requested:
86.9 (1) whether the voluntary foster care arrangement is in the child's best interests;
86.10 (2) whether the parent and agency are appropriately planning for the child; and
86.11 (3) in the case of a child age 12 or older, who disagrees with the foster care facility or
86.12services provided under the out-of-home placement plan, whether it is appropriate to appoint
86.13counsel and a guardian ad litem for the child using standards and procedures under section
86.14260C.163.
86.15 (f) Unless requested by a parent, representative of the foster care facility, or the child,
86.16no in-court hearing is required in order for the court to make findings and issue an order as
86.17required in paragraph (e).
86.18 (g) If the court finds the voluntary foster care arrangement is in the child's best interests
86.19and that the agency and parent are appropriately planning for the child, the court shall issue
86.20an order containing explicit, individualized findings to support its determination. The
86.21individualized findings shall be based on the agency's written report and other materials
86.22submitted to the court. The court may make this determination notwithstanding the child's
86.23disagreement, if any, reported under paragraph (d).
86.24 (h) The court shall send a copy of the order to the county attorney, the agency, parent,
86.25child, age 12 or older, and the foster parent or foster care facility.
86.26 (i) The court shall also send the parent, the child, age 12 or older, the foster parent, or
86.27representative of the foster care facility notice of the permanency review hearing required
86.28under section 260D.07, paragraph (e).
86.29 (j) If the court finds continuing the voluntary foster care arrangement is not in the child's
86.30best interests or that the agency or the parent are not appropriately planning for the child,
86.31the court shall notify the agency, the parent, the foster parent or foster care facility, the child,
86.32age 12 or older, and the county attorney of the court's determinations and the basis for the
86Sec. 88.
REVISOR DTT/LN 25-0204502/11/25 87.1court's determinations. In this case, the court shall set the matter for hearing and appoint a
87.2guardian ad litem for the child under section 260C.163, subdivision 5.
87.3 Sec. 89. Minnesota Statutes 2024, section 260D.07, is amended to read:
87.4 260D.07 REQUIRED PERMANENCY REVIEW HEARING.
87.5 (a) When the court has found that the voluntary arrangement is in the child's best interests
87.6and that the agency and parent are appropriately planning for the child pursuant to the report
87.7submitted under section 260D.06, and the child continues in voluntary foster care as defined
87.8in section 260D.02, subdivision 10, for 13 months from the date of the voluntary foster care
87.9agreement, or has been in placement for 15 of the last 22 months, the agency must:
87.10 (1) terminate the voluntary foster care agreement and return the child home; or
87.11 (2) determine whether there are compelling reasons to continue the voluntary foster care
87.12arrangement and, if the agency determines there are compelling reasons, seek judicial
87.13approval of its determination; or
87.14 (3) file a petition for the termination of parental rights.
87.15 (b) When the agency is asking for the court's approval of its determination that there are
87.16compelling reasons to continue the child in the voluntary foster care arrangement, the agency
87.17shall file a "Petition for Permanency Review Regarding a Child in Voluntary Foster Care
87.18for Treatment" and ask the court to proceed under this section.
87.19 (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster Care
87.20for Treatment" shall be drafted or approved by the county attorney and be under oath. The
87.21petition shall include:
87.22 (1) the date of the voluntary placement agreement;
87.23 (2) whether the petition is due to the child's developmental disability or emotional
87.24disturbance mental illness;
87.25 (3) the plan for the ongoing care of the child and the parent's participation in the plan;
87.26 (4) a description of the parent's visitation and contact with the child;
87.27 (5) the date of the court finding that the foster care placement was in the best interests
87.28of the child, if required under section 260D.06, or the date the agency filed the motion under
87.29section 260D.09, paragraph (b);
87.30 (6) the agency's reasonable efforts to finalize the permanent plan for the child, including
87.31returning the child to the care of the child's family;
87Sec. 89.
REVISOR DTT/LN 25-0204502/11/25 88.1 (7) a citation to this chapter as the basis for the petition; and
88.2 (8) evidence as specified in section 260C.712 when a child is placed in a qualified
88.3residential treatment program as defined in section 260C.007, subdivision 26d.
88.4 (d) An updated copy of the out-of-home placement plan required under section 260C.212,
88.5subdivision 1, shall be filed with the petition.
88.6 (e) The court shall set the date for the permanency review hearing no later than 14 months
88.7after the child has been in placement or within 30 days of the petition filing date when the
88.8child has been in placement 15 of the last 22 months. The court shall serve the petition
88.9together with a notice of hearing by United States mail on the parent, the child age 12 or
88.10older, the child's guardian ad litem, if one has been appointed, the agency, the county
88.11attorney, and counsel for any party.
88.12 (f) The court shall conduct the permanency review hearing on the petition no later than
88.1314 months after the date of the voluntary placement agreement, within 30 days of the filing
88.14of the petition when the child has been in placement 15 of the last 22 months, or within 15
88.15days of a motion to terminate jurisdiction and to dismiss an order for foster care under
88.16chapter 260C, as provided in section 260D.09, paragraph (b).
88.17 (g) At the permanency review hearing, the court shall:
88.18 (1) inquire of the parent if the parent has reviewed the "Petition for Permanency Review
88.19Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is accurate,
88.20and whether the parent agrees to the continued voluntary foster care arrangement as being
88.21in the child's best interests;
88.22 (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts to
88.23finalize the permanent plan for the child, including whether there are services available and
88.24accessible to the parent that might allow the child to safely be with the child's family;
88.25 (3) inquire of the parent if the parent consents to the court entering an order that:
88.26 (i) approves the responsible agency's reasonable efforts to finalize the permanent plan
88.27for the child, which includes ongoing future planning for the safety, health, and best interests
88.28of the child; and
88.29 (ii) approves the responsible agency's determination that there are compelling reasons
88.30why the continued voluntary foster care arrangement is in the child's best interests; and
88.31 (4) inquire of the child's guardian ad litem and any other party whether the guardian or
88.32the party agrees that:
88Sec. 89.
REVISOR DTT/LN 25-0204502/11/25 89.1 (i) the court should approve the responsible agency's reasonable efforts to finalize the
89.2permanent plan for the child, which includes ongoing and future planning for the safety,
89.3health, and best interests of the child; and
89.4 (ii) the court should approve of the responsible agency's determination that there are
89.5compelling reasons why the continued voluntary foster care arrangement is in the child's
89.6best interests.
89.7 (h) At a permanency review hearing under this section, the court may take the following
89.8actions based on the contents of the sworn petition and the consent of the parent:
89.9 (1) approve the agency's compelling reasons that the voluntary foster care arrangement
89.10is in the best interests of the child; and
89.11 (2) find that the agency has made reasonable efforts to finalize the permanent plan for
89.12the child.
89.13 (i) A child, age 12 or older, may object to the agency's request that the court approve its
89.14compelling reasons for the continued voluntary arrangement and may be heard on the reasons
89.15for the objection. Notwithstanding the child's objection, the court may approve the agency's
89.16compelling reasons and the voluntary arrangement.
89.17 (j) If the court does not approve the voluntary arrangement after hearing from the child
89.18or the child's guardian ad litem, the court shall dismiss the petition. In this case, either:
89.19 (1) the child must be returned to the care of the parent; or
89.20 (2) the agency must file a petition under section 260C.141, asking for appropriate relief
89.21under sections 260C.301 or 260C.503 to 260C.521.
89.22 (k) When the court approves the agency's compelling reasons for the child to continue
89.23in voluntary foster care for treatment, and finds that the agency has made reasonable efforts
89.24to finalize a permanent plan for the child, the court shall approve the continued voluntary
89.25foster care arrangement, and continue the matter under the court's jurisdiction for the purposes
89.26of reviewing the child's placement every 12 months while the child is in foster care.
89.27 (l) A finding that the court approves the continued voluntary placement means the agency
89.28has continued legal authority to place the child while a voluntary placement agreement
89.29remains in effect. The parent or the agency may terminate a voluntary agreement as provided
89.30in section 260D.10. Termination of a voluntary foster care placement of an Indian child is
89.31governed by section 260.765, subdivision 4.
89Sec. 89.
REVISOR DTT/LN 25-0204502/11/25 90.1 Sec. 90. Minnesota Statutes 2024, section 260E.11, subdivision 3, is amended to read:
90.2 Subd. 3.Report to medical examiner or coroner; notification to local agency and
90.3law enforcement; report ombudsman.(a) A person mandated to report maltreatment who
90.4knows or has reason to believe a child has died as a result of maltreatment shall report that
90.5information to the appropriate medical examiner or coroner instead of the local welfare
90.6agency, police department, or county sheriff.
90.7 (b) The medical examiner or coroner shall notify the local welfare agency, police
90.8department, or county sheriff in instances in which the medical examiner or coroner believes
90.9that the child has died as a result of maltreatment. The medical examiner or coroner shall
90.10complete an investigation as soon as feasible and report the findings to the police department
90.11or county sheriff and the local welfare agency.
90.12 (c) If the child was receiving services or treatment for mental illness, developmental
90.13disability, or substance use disorder, or emotional disturbance from an agency, facility, or
90.14program as defined in section 245.91, the medical examiner or coroner shall also notify and
90.15report findings to the ombudsman established under sections 245.91 to 245.97.
90.16Sec. 91. Minnesota Statutes 2024, section 295.50, subdivision 9b, is amended to read:
90.17 Subd. 9b.Patient services.(a) "Patient services" means inpatient and outpatient services
90.18and other goods and services provided by hospitals, surgical centers, or health care providers.
90.19They include the following health care goods and services provided to a patient or consumer:
90.20 (1) bed and board;
90.21 (2) nursing services and other related services;
90.22 (3) use of hospitals, surgical centers, or health care provider facilities;
90.23 (4) medical social services;
90.24 (5) drugs, biologicals, supplies, appliances, and equipment;
90.25 (6) other diagnostic or therapeutic items or services;
90.26 (7) medical or surgical services;
90.27 (8) items and services furnished to ambulatory patients not requiring emergency care;
90.28and
90.29 (9) emergency services.
90.30 (b) "Patient services" does not include:
90Sec. 91.
REVISOR DTT/LN 25-0204502/11/25 91.1 (1) services provided to nursing homes licensed under chapter 144A;
91.2 (2) examinations for purposes of utilization reviews, insurance claims or eligibility,
91.3litigation, and employment, including reviews of medical records for those purposes;
91.4 (3) services provided to and by community residential mental health facilities licensed
91.5under section 245I.23 or Minnesota Rules, parts 9520.0500 to 9520.0670, and to and by
91.6residential treatment programs for children with severe emotional disturbance a serious
91.7mental illness licensed or certified under chapter 245A;
91.8 (4) services provided under the following programs: day treatment services as defined
91.9in section 245.462, subdivision 8; assertive community treatment as described in section
91.10256B.0622; adult rehabilitative mental health services as described in section 256B.0623;
91.11crisis response services as described in section 256B.0624; and children's therapeutic services
91.12and supports as described in section 256B.0943;
91.13 (5) services provided to and by community mental health centers as defined in section
91.14245.62, subdivision 2;
91.15 (6) services provided to and by assisted living programs and congregate housing
91.16programs;
91.17 (7) hospice care services;
91.18 (8) home and community-based waivered services under chapter 256S and sections
91.19256B.49 and 256B.501;
91.20 (9) targeted case management services under sections 256B.0621; 256B.0625,
91.21subdivisions 20, 20a, 33, and 44; and 256B.094; and
91.22 (10) services provided to the following: supervised living facilities for persons with
91.23developmental disabilities licensed under Minnesota Rules, parts 4665.0100 to 4665.9900;
91.24housing with services establishments required to be registered under chapter 144D; board
91.25and lodging establishments providing only custodial services that are licensed under chapter
91.26157 and registered under section 157.17 to provide supportive services or health supervision
91.27services; adult foster homes as defined in Minnesota Rules, part 9555.5105; day training
91.28and habilitation services for adults with developmental disabilities as defined in section
91.29252.41, subdivision 3; boarding care homes as defined in Minnesota Rules, part 4655.0100;
91.30adult day care services as defined in section 245A.02, subdivision 2a; and home health
91.31agencies as defined in Minnesota Rules, part 9505.0175, subpart 15, or licensed under
91.32chapter 144A.
91Sec. 91.
REVISOR DTT/LN 25-0204502/11/25