| 35 | | - | The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy |
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| 36 | | - | Adoption of Report: Amended and re-referred to the Committee on Ways and Means04/21/2025 2.1BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 37 | | - | 2.2 ARTICLE 1 |
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| 38 | | - | 2.3 ECONOMIC ASSISTANCE |
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| 39 | | - | 2.4 Section 1. Minnesota Statutes 2024, section 142A.03, is amended by adding a subdivision |
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| 40 | | - | 2.5to read: |
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| 41 | | - | 2.6 Subd. 35.Electronic benefits transfer; contracting and procurement.Notwithstanding |
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| 42 | | - | 2.7chapter 16C, the commissioner is exempt from the contract term limits for the issuance of |
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| 43 | | - | 2.8public benefits through an electronic benefit transfer system and related services. These |
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| 44 | | - | 2.9contracts may have up to an initial five-year term, with extensions not to exceed a ten-year |
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| 45 | | - | 2.10total contract duration. |
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| 46 | | - | 2.11 ARTICLE 2 |
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| 47 | | - | 2.12 CHILD PROTECTION AND WELFARE POLICY |
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| 48 | | - | 2.13 Section 1. Minnesota Statutes 2024, section 142B.01, subdivision 15, is amended to read: |
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| 49 | | - | 2.14 Subd. 15.Individual who is related."Individual who is related" means a spouse, a |
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| 50 | | - | 2.15parent, a birth or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece, |
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| 51 | | - | 2.16a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian. |
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| 52 | | - | 2.17For purposes of family child foster care, individual who is related also includes an individual |
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| 53 | | - | 2.18who, prior to the child's placement in the individual's home for foster care or adoption, was |
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| 54 | | - | 2.19an important friend of the child or of the child's parent or custodian, including an individual |
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| 55 | | - | 2.20with whom the child has resided or had significant contact or who has a significant |
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| 56 | | - | 2.21relationship to the child or the child's parent or custodian. |
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| 57 | | - | 2.22 Sec. 2. Minnesota Statutes 2024, section 142B.05, subdivision 3, is amended to read: |
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| 58 | | - | 2.23 Subd. 3.Foster care by an individual who is related to a child; license required.(a) |
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| 59 | | - | 2.24Notwithstanding subdivision 2, paragraph (a), clause (1), in order to provide foster care for |
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| 60 | | - | 2.25a child, an individual who is related to the child, other than a parent, or legal guardian, must |
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| 61 | | - | 2.26be licensed by the commissioner except as provided by section 142B.06. |
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| 62 | | - | 2.27 (b) An individual who is related to the child may seek foster care licensure through the |
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| 63 | | - | 2.28county agency or a private agency in the community designated or licensed by the |
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| 64 | | - | 2.29commissioner. The county agency must provide information to all potential relative foster |
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| 65 | | - | 2.30care providers about this choice. Counties are not obligated to pay costs for services provided |
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| 66 | | - | 2.31by private agencies. |
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| 67 | | - | 2Article 2 Sec. 2. |
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| 68 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 3.1 (c) If an individual who is related to a child is seeking licensure to provide foster care |
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| 69 | | - | 3.2for the child and the individual has a domestic partner but is not married to the domestic |
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| 70 | | - | 3.3partner, only the individual related to the child must be licensed to provide foster care. The |
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| 71 | | - | 3.4commissioner must conduct background studies on household members according to section |
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| 72 | | - | 3.5245C.03, subdivision 1. |
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| 73 | | - | 3.6 Sec. 3. Minnesota Statutes 2024, section 142B.47, is amended to read: |
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| 74 | | - | 3.7 142B.47 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH |
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| 75 | | - | 3.8AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS. |
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| 76 | | - | 3.9 (a) Licensed child foster care providers, except individuals related to the child, that care |
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| 77 | | - | 3.10for infants or children through five years of age must document that before caregivers assist |
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| 78 | | - | 3.11in the care of infants or children through five years of age, they the caregivers are instructed |
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| 79 | | - | 3.12on the standards in section 142B.46 and receive training on reducing the risk of sudden |
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| 80 | | - | 3.13unexpected infant death and abusive head trauma from shaking infants and young children. |
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| 81 | | - | 3.14Licensed child foster care providers who are related to the child and who only serve a relative |
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| 82 | | - | 3.15child must document completion of the training required under this section within 30 days |
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| 83 | | - | 3.16after licensure. This section does not apply to emergency relative placement under section |
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| 84 | | - | 3.17142B.06. The training on reducing the risk of sudden unexpected infant death and abusive |
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| 85 | | - | 3.18head trauma may be provided as: |
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| 86 | | - | 3.19 (1) orientation training to child foster care providers who care for infants or children |
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| 87 | | - | 3.20through five years of age under Minnesota Rules, part 2960.3070, subpart 1; or |
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| 88 | | - | 3.21 (2) in-service training to child foster care providers who care for infants or children |
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| 89 | | - | 3.22through five years of age under Minnesota Rules, part 2960.3070, subpart 2. |
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| 90 | | - | 3.23 (b) Training required under this section must be at least one hour in length and must be |
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| 91 | | - | 3.24completed at least once every five years. At a minimum, the training must address the risk |
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| 92 | | - | 3.25factors related to sudden unexpected infant death and abusive head trauma, means of reducing |
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| 93 | | - | 3.26the risk of sudden unexpected infant death and abusive head trauma, and license holder |
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| 94 | | - | 3.27communication with parents regarding reducing the risk of sudden unexpected infant death |
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| 95 | | - | 3.28and abusive head trauma. |
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| 96 | | - | 3.29 (c) Training for child foster care providers must be approved by the county or private |
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| 97 | | - | 3.30licensing agency that is responsible for monitoring the child foster care provider under |
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| 98 | | - | 3.31section 142B.30. The approved training fulfills, in part, training required under Minnesota |
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| 99 | | - | 3.32Rules, part 2960.3070. |
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| 100 | | - | 3Article 2 Sec. 3. |
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| 101 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 4.1 Sec. 4. Minnesota Statutes 2024, section 142B.51, subdivision 2, is amended to read: |
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| 102 | | - | 4.2 Subd. 2.Child passenger restraint systems; training requirement.(a) Programs |
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| 103 | | - | 4.3licensed by the Department of Human Services under chapter 245A or the Department of |
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| 104 | | - | 4.4Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that |
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| 105 | | - | 4.5serve a child or children under eight years of age must document training that fulfills the |
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| 106 | | - | 4.6requirements in this subdivision. |
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| 107 | | - | 4.7 (b) Before a license holder, staff person, or caregiver transports a child or children under |
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| 108 | | - | 4.8age eight in a motor vehicle, the person transporting the child must satisfactorily complete |
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| 109 | | - | 4.9training on the proper use and installation of child restraint systems in motor vehicles. |
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| 110 | | - | 4.10Training completed under this section may be used to meet initial or ongoing training under |
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| 111 | | - | 4.11Minnesota Rules, part 2960.3070, subparts 1 and 2. |
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| 112 | | - | 4.12 (c) Training required under this section must be completed at orientation or initial training |
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| 113 | | - | 4.13and repeated at least once every five years. At a minimum, the training must address the |
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| 114 | | - | 4.14proper use of child restraint systems based on the child's size, weight, and age, and the |
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| 115 | | - | 4.15proper installation of a car seat or booster seat in the motor vehicle used by the license |
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| 116 | | - | 4.16holder to transport the child or children. |
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| 117 | | - | 4.17 (d) Training under paragraph (c) must be provided by individuals who are certified and |
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| 118 | | - | 4.18approved by the Office of Traffic Safety within the Department of Public Safety. License |
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| 119 | | - | 4.19holders may obtain a list of certified and approved trainers through the Department of Public |
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| 120 | | - | 4.20Safety website or by contacting the agency. |
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| 121 | | - | 4.21 (e) Notwithstanding paragraph (a), for an emergency relative placement under section |
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| 122 | | - | 4.22142B.06, the commissioner may grant a variance to the training required by this subdivision |
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| 123 | | - | 4.23for a relative who completes a child seat safety check up. The child seat safety check up |
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| 124 | | - | 4.24trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and |
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| 125 | | - | 4.25must provide one-on-one instruction on placing a child of a specific age in the exact child |
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| 126 | | - | 4.26passenger restraint in the motor vehicle in which the child will be transported. Once granted |
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| 127 | | - | 4.27a variance, and if all other licensing requirements are met, the relative applicant may receive |
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| 128 | | - | 4.28a license and may transport a relative foster child younger than eight years of age. A child |
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| 129 | | - | 4.29seat safety check up must be completed each time a child requires a different size car seat |
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| 130 | | - | 4.30according to car seat and vehicle manufacturer guidelines. A relative license holder must |
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| 131 | | - | 4.31complete training that meets the other requirements of this subdivision prior to placement |
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| 132 | | - | 4.32of another foster child younger than eight years of age in the home or prior to the renewal |
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| 133 | | - | 4.33of the child foster care license. |
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| 134 | | - | 4Article 2 Sec. 4. |
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| 135 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 5.1 (f) Notwithstanding paragraph (b), a child foster care license holder who is an individual |
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| 136 | | - | 5.2related to the child and who only serves a relative child must document completion of the |
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| 137 | | - | 5.3training required under this section within 30 days after licensure. |
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| 138 | | - | 5.4 Sec. 5. Minnesota Statutes 2024, section 142B.80, is amended to read: |
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| 139 | | - | 5.5 142B.80 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL |
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| 140 | | - | 5.6HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING. |
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| 141 | | - | 5.7 Prior to a nonemergency placement of a child in a foster care home, the child foster care |
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| 142 | | - | 5.8license holder and caregivers in foster family and treatment foster care settings must complete |
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| 143 | | - | 5.9two hours of training that addresses the causes, symptoms, and key warning signs of mental |
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| 144 | | - | 5.10health disorders; cultural considerations; and effective approaches for dealing with a child's |
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| 145 | | - | 5.11behaviors. At least one hour of the annual training requirement for the foster family license |
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| 146 | | - | 5.12holder and caregivers must be on children's mental health issues and treatment. Except for |
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| 147 | | - | 5.13providers and services under chapter 245D and child foster care license holders who are |
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| 148 | | - | 5.14individuals related to the child and who only serve a relative child who does not have fetal |
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| 149 | | - | 5.15alcohol spectrum disorder, the annual training must also include at least one hour of training |
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| 150 | | - | 5.16on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required |
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| 151 | | - | 5.17in-service training per year. Short-term substitute caregivers are exempt from these |
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| 152 | | - | 5.18requirements. Training curriculum shall be approved by the commissioner of children, |
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| 153 | | - | 5.19youth, and families. |
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| 154 | | - | 5.20 Sec. 6. [142B.81] CHILD FOSTER CARE TRAINING; RELATIVE CAREGIVERS. |
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| 155 | | - | 5.21 Notwithstanding the required hours under Minnesota Rules, part 2960.3070, subpart 2, |
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| 156 | | - | 5.22a child foster care license holder who is an individual related to the child must complete a |
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| 157 | | - | 5.23minimum of six hours of in-service training per year in one or more of the areas in Minnesota |
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| 158 | | - | 5.24Rules, part 2960.3070, subpart 2, or in other areas as agreed upon by the licensing agency |
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| 159 | | - | 5.25and the foster parent. The relative child foster care license holder must consult with the |
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| 160 | | - | 5.26licensing agency and complete training in areas that are most applicable to caring for the |
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| 161 | | - | 5.27relative children in foster care in the home. This section does not apply to a child foster care |
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| 162 | | - | 5.28license holder who is licensed to care for both a relative child and a nonrelative child. |
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| 163 | | - | 5.29 Sec. 7. Minnesota Statutes 2024, section 245C.02, is amended by adding a subdivision to |
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| 164 | | - | 5.30read: |
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| 165 | | - | 5.31 Subd. 16b.Relative."Relative" has the meaning given in section 260C.007, subdivision |
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| 166 | | - | 5.3227. For purposes of background studies affiliated with child foster care licensure, a person |
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| 167 | | - | 5Article 2 Sec. 7. |
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| 168 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 6.1is a relative if the person was known to the child or the child's parent before the child is |
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| 169 | | - | 6.2placed in foster care. |
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| 170 | | - | 6.3 Sec. 8. Minnesota Statutes 2024, section 260.65, is amended to read: |
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| 171 | | - | 6.4 260.65 NONCUSTODIAL PARENTS; RELATIVE PLACEMENT. |
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| 172 | | - | 6.5 (a) Prior to the removal of an African American or a disproportionately represented child |
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| 173 | | - | 6.6from the child's home, the responsible social services agency must make active efforts to |
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| 174 | | - | 6.7identify and locate the child's noncustodial or nonadjudicated parent and the child's relatives |
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| 175 | | - | 6.8to notify the child's parent and relatives that the child is or will be placed in foster care, and |
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| 176 | | - | 6.9provide the child's parent and relatives with a list of legal resources. The notice to the child's |
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| 177 | | - | 6.10noncustodial or nonadjudicated parent and relatives must also include the information |
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| 178 | | - | 6.11required under section 260C.221, subdivision 2, paragraph (b). The responsible social |
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| 179 | | - | 6.12services agency must maintain detailed records of the agency's efforts to notify parents and |
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| 180 | | - | 6.13relatives under this section. |
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| 181 | | - | 6.14 (b) Notwithstanding the provisions of section 260C.219, the responsible social services |
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| 182 | | - | 6.15agency must assess an African American or a disproportionately represented child's |
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| 183 | | - | 6.16noncustodial or nonadjudicated parent's ability to care for the child before placing the child |
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| 184 | | - | 6.17in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide |
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| 185 | | - | 6.18daily care for the African American or disproportionately represented child temporarily or |
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| 186 | | - | 6.19permanently, the court shall order that the child be placed in into the home of the noncustodial |
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| 187 | | - | 6.20or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The |
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| 188 | | - | 6.21responsible social services agency must make active efforts to assist a noncustodial or |
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| 189 | | - | 6.22nonadjudicated parent with remedying any issues that may prevent the child from being |
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| 190 | | - | 6.23placed with the ordered into the home of a noncustodial or nonadjudicated parent. |
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| 191 | | - | 6.24 (c) The relative search, notice, engagement, and placement consideration requirements |
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| 192 | | - | 6.25under section 260C.221 apply under this act. |
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| 193 | | - | 6.26 Sec. 9. Minnesota Statutes 2024, section 260.66, subdivision 1, is amended to read: |
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| 194 | | - | 6.27 Subdivision 1.Emergency removal or placement permitted.Nothing in this section |
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| 195 | | - | 6.28shall be construed to prevent the emergency removal of an African American or a |
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| 196 | | - | 6.29disproportionately represented child's parent or custodian child or the emergency placement |
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| 197 | | - | 6.30of the child in a foster setting in order to prevent imminent physical damage or harm to the |
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| 198 | | - | 6.31child. |
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| 199 | | - | 6Article 2 Sec. 9. |
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| 200 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 7.1 Sec. 10. Minnesota Statutes 2024, section 260.691, subdivision 1, is amended to read: |
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| 201 | | - | 7.2 Subdivision 1.Establishment and duties.(a) The African American Child and Family |
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| 202 | | - | 7.3Well-Being Advisory Council is established for the Department of Children, Youth, and |
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| 203 | | - | 7.4Families. |
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| 204 | | - | 7.5 (b) The council shall consist of 31 members appointed by the commissioner and must |
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| 205 | | - | 7.6include representatives with lived personal or professional experience within African |
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| 206 | | - | 7.7American communities. Members may include but are not limited to youth who have exited |
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| 207 | | - | 7.8the child welfare system; parents; legal custodians; relative and kinship caregivers or foster |
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| 208 | | - | 7.9care providers; community service providers, advocates, and members; county and private |
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| 209 | | - | 7.10social services agency case managers; representatives from faith-based institutions; academic |
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| 210 | | - | 7.11professionals; a representative from the Council for Minnesotans of African Heritage; the |
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| 211 | | - | 7.12Ombudsperson for African American Families; and other individuals with experience and |
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| 212 | | - | 7.13knowledge of African American communities. Council members must be selected through |
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| 213 | | - | 7.14an open appointments process under section 15.0597. The terms, compensation, and removal |
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| 214 | | - | 7.15of council members are governed by section 15.059. |
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| 215 | | - | 7.16 (c) The African American Child Well-Being Advisory council must: |
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| 216 | | - | 7.17 (1) review annual reports related to African American children involved in the child |
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| 217 | | - | 7.18welfare system. These reports may include but are not limited to the maltreatment, |
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| 218 | | - | 7.19out-of-home placement, and permanency of African American children; |
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| 219 | | - | 7.20 (2) assist with and make recommendations to the commissioner for developing strategies |
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| 220 | | - | 7.21to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote |
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| 221 | | - | 7.22culturally appropriate foster care and shelter or facility placement decisions and settings for |
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| 222 | | - | 7.23African American children in need of out-of-home placement, ensure timely achievement |
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| 223 | | - | 7.24of permanency, and improve child welfare outcomes for African American children and |
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| 224 | | - | 7.25their families; |
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| 225 | | - | 7.26 (3) review summary reports on targeted case reviews prepared by the commissioner to |
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| 226 | | - | 7.27ensure that responsible social services agencies meet the needs of African American children |
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| 227 | | - | 7.28and their families. Based on data collected from those reviews, the council shall assist the |
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| 228 | | - | 7.29commissioner with developing strategies needed to improve any identified child welfare |
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| 229 | | - | 7.30outcomes, including but not limited to maltreatment, out-of-home placement, and permanency |
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| 230 | | - | 7.31for African American children; |
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| 231 | | - | 7.32 (4) assist the Cultural and Ethnic Communities Leadership Council with making make |
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| 232 | | - | 7.33recommendations to the commissioner and the legislature for public policy and statutory |
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| 233 | | - | 7Article 2 Sec. 10. |
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| 234 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 8.1changes that specifically consider the needs of African American children and their families |
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| 235 | | - | 8.2involved in the child welfare system; |
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| 236 | | - | 8.3 (5) advise the commissioner on stakeholder engagement strategies and actions that the |
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| 237 | | - | 8.4commissioner and responsible social services agencies may take to improve child welfare |
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| 238 | | - | 8.5outcomes for African American children and their families; |
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| 239 | | - | 8.6 (6) assist the commissioner with developing strategies for public messaging and |
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| 240 | | - | 8.7communication related to racial disproportionality and disparities in child welfare outcomes |
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| 241 | | - | 8.8for African American children and their families; |
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| 242 | | - | 8.9 (7) assist the commissioner with identifying and developing internal and external |
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| 243 | | - | 8.10partnerships to support adequate access to services and resources for African American |
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| 244 | | - | 8.11children and their families, including but not limited to housing assistance, employment |
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| 245 | | - | 8.12assistance, food and nutrition support, health care, child care assistance, and educational |
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| 246 | | - | 8.13support and training; and |
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| 247 | | - | 8.14 (8) assist the commissioner with developing strategies to promote the development of |
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| 248 | | - | 8.15a culturally diverse and representative child welfare workforce in Minnesota that includes |
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| 249 | | - | 8.16professionals who are reflective of the community served and who have been directly |
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| 250 | | - | 8.17impacted by lived experiences within the child welfare system. The council must also assist |
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| 251 | | - | 8.18the commissioner with exploring strategies and partnerships to address education and training |
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| 252 | | - | 8.19needs, hiring, recruitment, retention, and professional advancement practices. |
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| 253 | | - | 8.20 Sec. 11. Minnesota Statutes 2024, section 260.692, is amended to read: |
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| 254 | | - | 8.21 260.692 AFRICAN AMERICAN CHILD AND FAMILY WELL-BEING UNIT. |
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| 255 | | - | 8.22 Subdivision 1.Duties.The African American Child and Family Well-Being Unit, |
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| 256 | | - | 8.23currently established by the commissioner, must: |
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| 257 | | - | 8.24 (1) assist with the development of African American cultural competency training and |
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| 258 | | - | 8.25review child welfare curriculum in the Minnesota Child Welfare Training Academy to |
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| 259 | | - | 8.26ensure that responsible social services agency staff and other child welfare professionals |
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| 260 | | - | 8.27are appropriately prepared to engage with African American children and their families and |
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| 261 | | - | 8.28to support family preservation and reunification; |
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| 262 | | - | 8.29 (2) provide technical assistance, including on-site technical assistance, and case |
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| 263 | | - | 8.30consultation to responsible social services agencies to assist agencies with implementing |
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| 264 | | - | 8.31and complying with the Minnesota African American Family Preservation and Child Welfare |
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| 265 | | - | 8.32Disproportionality Act; |
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| 266 | | - | 8Article 2 Sec. 11. |
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| 267 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 9.1 (3) monitor individual county and statewide disaggregated and nondisaggregated data |
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| 268 | | - | 9.2to identify trends and patterns in child welfare outcomes, including but not limited to |
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| 269 | | - | 9.3reporting, maltreatment, out-of-home placement, and permanency of African American |
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| 270 | | - | 9.4children and develop strategies to address disproportionality and disparities in the child |
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| 271 | | - | 9.5welfare system; |
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| 272 | | - | 9.6 (4) develop and implement a system for conducting case reviews when the commissioner |
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| 273 | | - | 9.7receives reports of noncompliance with the Minnesota African American Family Preservation |
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| 274 | | - | 9.8and Child Welfare Disproportionality Act or when requested by the parent or custodian of |
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| 275 | | - | 9.9an African American child. Case reviews may include but are not limited to a review of |
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| 276 | | - | 9.10placement prevention efforts, safety planning, case planning and service provision by the |
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| 277 | | - | 9.11responsible social services agency, relative placement consideration, and permanency |
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| 278 | | - | 9.12planning; |
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| 279 | | - | 9.13 (5) establish and administer a request for proposals process for African American and |
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| 280 | | - | 9.14disproportionately represented family preservation grants under section 260.693, monitor |
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| 281 | | - | 9.15grant activities, and provide technical assistance to grantees; |
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| 282 | | - | 9.16 (6) in coordination with the African American Child and Family Well-Being Advisory |
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| 283 | | - | 9.17Council, coordinate services and create internal and external partnerships to support adequate |
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| 284 | | - | 9.18access to services and resources for African American children and their families, including |
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| 285 | | - | 9.19but not limited to housing assistance, employment assistance, food and nutrition support, |
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| 286 | | - | 9.20health care, child care assistance, and educational support and training; and |
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| 287 | | - | 9.21 (7) develop public messaging and communication to inform the public about racial |
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| 288 | | - | 9.22disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities, |
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| 289 | | - | 9.23and resources available to African American children and their families involved in the |
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| 290 | | - | 9.24child welfare system. |
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| 291 | | - | 9.25 Subd. 2.Case reviews.(a) The African American Child and Family Well-Being Unit |
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| 292 | | - | 9.26must conduct systemic case reviews to monitor targeted child welfare outcomes, including |
|---|
| 293 | | - | 9.27but not limited to maltreatment, out-of-home placement, and permanency of African |
|---|
| 294 | | - | 9.28American children. |
|---|
| 295 | | - | 9.29 (b) The reviews under this subdivision must be conducted using a random sampling of |
|---|
| 296 | | - | 9.30representative child welfare cases stratified for certain case related factors, including but |
|---|
| 297 | | - | 9.31not limited to case type, maltreatment type, if the case involves out-of-home placement, |
|---|
| 298 | | - | 9.32and other demographic variables. In conducting the reviews, unit staff may use court records |
|---|
| 299 | | - | 9.33and documents, information from the social services information system, and other available |
|---|
| 300 | | - | 9.34case file information to complete the case reviews. |
|---|
| 301 | | - | 9Article 2 Sec. 11. |
|---|
| 302 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 10.1 (c) The frequency of the reviews and the number of cases, child welfare outcomes, and |
|---|
| 303 | | - | 10.2selected counties reviewed shall be determined by the unit in consultation with the African |
|---|
| 304 | | - | 10.3American Child and Family Well-Being Advisory Council, with consideration given to the |
|---|
| 305 | | - | 10.4availability of unit resources needed to conduct the reviews. |
|---|
| 306 | | - | 10.5 (d) The unit must monitor all case reviews and use the collective case review information |
|---|
| 307 | | - | 10.6and data to generate summary case review reports, ensure compliance with the Minnesota |
|---|
| 308 | | - | 10.7African American Family Preservation and Child Welfare Disproportionality Act, and |
|---|
| 309 | | - | 10.8identify trends or patterns in child welfare outcomes for African American children. |
|---|
| 310 | | - | 10.9 (e) The unit must review information from members of the public received through the |
|---|
| 311 | | - | 10.10compliance and feedback portal, including policy and practice concerns related to individual |
|---|
| 312 | | - | 10.11child welfare cases. After assessing a case concern, the unit may determine if further |
|---|
| 313 | | - | 10.12necessary action should be taken, which may include coordinating case remediation with |
|---|
| 314 | | - | 10.13other relevant child welfare agencies in accordance with data privacy laws, including the |
|---|
| 315 | | - | 10.14African American Child and Family Well-Being Advisory Council, and offering case |
|---|
| 316 | | - | 10.15consultation and technical assistance to the responsible local social services agency as |
|---|
| 317 | | - | 10.16needed or requested by the agency. |
|---|
| 318 | | - | 10.17 Subd. 3.Reports.(a) The African American Child and Family Well-Being Unit must |
|---|
| 319 | | - | 10.18provide regular updates on unit activities, including summary reports of case reviews, to |
|---|
| 320 | | - | 10.19the African American Child and Family Well-Being Advisory Council, and must publish |
|---|
| 321 | | - | 10.20an annual census of African American children in out-of-home placements statewide. The |
|---|
| 322 | | - | 10.21annual census must include data on the types of placements, age and sex of the children, |
|---|
| 323 | | - | 10.22how long the children have been in out-of-home placements, and other relevant demographic |
|---|
| 324 | | - | 10.23information. |
|---|
| 325 | | - | 10.24 (b) The African American Child and Family Well-Being Unit shall gather summary data |
|---|
| 326 | | - | 10.25about the practice and policy inquiries and individual case concerns received through the |
|---|
| 327 | | - | 10.26compliance and feedback portal under subdivision 2, paragraph (e). The unit shall provide |
|---|
| 328 | | - | 10.27regular reports of the nonidentifying compliance and feedback portal summary data to the |
|---|
| 329 | | - | 10.28African American Child and Family Well-Being Advisory Council to identify child welfare |
|---|
| 330 | | - | 10.29trends and patterns to assist with developing policy and practice recommendations to support |
|---|
| 331 | | - | 10.30eliminating disparity and disproportionality for African American children. |
|---|
| 332 | | - | 10.31Sec. 12. Minnesota Statutes 2024, section 260C.001, subdivision 2, is amended to read: |
|---|
| 333 | | - | 10.32 Subd. 2.Juvenile protection proceedings.(a) The paramount consideration in all |
|---|
| 334 | | - | 10.33juvenile protection proceedings is the health, safety, and best interests of the child. In |
|---|
| 335 | | - | 10.34proceedings involving an American Indian child, as defined in section 260.755, subdivision |
|---|
| 336 | | - | 10Article 2 Sec. 12. |
|---|
| 337 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 11.18, the best interests of the child must be determined consistent with sections 260.751 to |
|---|
| 338 | | - | 11.2260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to |
|---|
| 339 | | - | 11.31923. |
|---|
| 340 | | - | 11.4 (b) The purpose of the laws relating to juvenile protection proceedings is: |
|---|
| 341 | | - | 11.5 (1) to secure for each child under the jurisdiction of the court, the care and guidance, |
|---|
| 342 | | - | 11.6preferably in the child's own home, as will best serve the spiritual, emotional, mental, and |
|---|
| 343 | | - | 11.7physical welfare of the child; |
|---|
| 344 | | - | 11.8 (2) to provide judicial procedures that protect the welfare of the child; |
|---|
| 345 | | - | 11.9 (3) to preserve and strengthen the child's family ties whenever possible and in the child's |
|---|
| 346 | | - | 11.10best interests, removing the child from the custody of parents only when the child's welfare |
|---|
| 347 | | - | 11.11or safety cannot be adequately safeguarded without removal; |
|---|
| 348 | | - | 11.12 (4) to ensure that when removal from the child's own family is necessary and in the |
|---|
| 349 | | - | 11.13child's best interests, the responsible social services agency has legal responsibility for the |
|---|
| 350 | | - | 11.14child removal either: |
|---|
| 351 | | - | 11.15 (i) pursuant to a voluntary placement agreement between the child's parent or guardian |
|---|
| 352 | | - | 11.16or the child, when the child is over age 18, and the responsible social services agency; or |
|---|
| 353 | | - | 11.17 (ii) by court order pursuant to section 260C.151, subdivision 6; 260C.178; 260C.201; |
|---|
| 354 | | - | 11.18260C.325; or 260C.515; |
|---|
| 355 | | - | 11.19 (5) to ensure that, when placement is pursuant to court order, the court order removing |
|---|
| 356 | | - | 11.20the child or continuing the child in foster care contains an individualized determination that |
|---|
| 357 | | - | 11.21placement is in the best interests of the child that coincides with the actual removal of the |
|---|
| 358 | | - | 11.22child; |
|---|
| 359 | | - | 11.23 (6) to ensure that when the child is removed, the child's care and discipline is, as nearly |
|---|
| 360 | | - | 11.24as possible, equivalent to that which should have been given by the parents and is either in: |
|---|
| 361 | | - | 11.25 (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, |
|---|
| 362 | | - | 11.26subdivision 1, paragraph (a), clause (1); |
|---|
| 363 | | - | 11.27 (ii) the home of a relative pursuant to emergency placement by the responsible social |
|---|
| 364 | | - | 11.28services agency under chapter 245A; or |
|---|
| 365 | | - | 11.29 (iii) foster care licensed under chapter 245A; and |
|---|
| 366 | | - | 11.30 (7) to ensure appropriate permanency planning for children in foster care including: |
|---|
| 367 | | - | 11Article 2 Sec. 12. |
|---|
| 368 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 12.1 (i) unless reunification is not required under section 260.012, developing a permanency |
|---|
| 369 | | - | 12.2plan for the child that includes a primary plan for reunification with the child's parent or |
|---|
| 370 | | - | 12.3guardian and a secondary plan for an alternative, legally permanent home for the child in |
|---|
| 371 | | - | 12.4the event reunification cannot be achieved in a timely manner; |
|---|
| 372 | | - | 12.5 (ii) identifying, locating, and assessing both parents of the child as soon as possible and |
|---|
| 373 | | - | 12.6offering reunification services to both parents of the child as required under sections 260.012 |
|---|
| 374 | | - | 12.7and 260C.219; |
|---|
| 375 | | - | 12.8 (iii) inquiring about the child's heritage, including the child's Tribal lineage pursuant to |
|---|
| 376 | | - | 12.9section 260.761, and their race, culture, and ethnicity pursuant to section 260.63, subdivision |
|---|
| 377 | | - | 12.1010; |
|---|
| 378 | | - | 12.11 (iii) (iv) identifying, locating, and notifying relatives of both parents of the child according |
|---|
| 379 | | - | 12.12to section 260C.221; |
|---|
| 380 | | - | 12.13 (iv) (v) making a placement with a family that will commit to being the legally permanent |
|---|
| 381 | | - | 12.14home for the child in the event reunification cannot occur at the earliest possible time while |
|---|
| 382 | | - | 12.15at the same time actively supporting the reunification plan; and |
|---|
| 383 | | - | 12.16 (v) (vi) returning the child home with supports and services, as soon as return is safe for |
|---|
| 384 | | - | 12.17the child, or when safe return cannot be timely achieved, moving to finalize another legally |
|---|
| 385 | | - | 12.18permanent home for the child. |
|---|
| 386 | | - | 12.19Sec. 13. Minnesota Statutes 2024, section 260C.007, subdivision 19, is amended to read: |
|---|
| 387 | | - | 12.20 Subd. 19.Habitual truant."Habitual truant" means a child under the age of 17 who is |
|---|
| 388 | | - | 12.21at least 12 years old and less than 18 years old who is absent from attendance at school |
|---|
| 389 | | - | 12.22without lawful excuse for seven school days per school year if the child is in elementary |
|---|
| 390 | | - | 12.23school or for one or more class periods on seven school days per school year if the child is |
|---|
| 391 | | - | 12.24in middle school, junior high school, or high school or a child who is 17 years of age who |
|---|
| 392 | | - | 12.25is absent from attendance at school without lawful excuse for one or more class periods on |
|---|
| 393 | | - | 12.26seven school days per school year and who has not lawfully withdrawn from school under |
|---|
| 394 | | - | 12.27section 120A.22, subdivision 8. Pursuant to section 260C.163, subdivision 11, habitual |
|---|
| 395 | | - | 12.28truant also means a child under age 12 who has been absent from school for seven school |
|---|
| 396 | | - | 12.29days without lawful excuse, based on a showing by clear and convincing evidence that the |
|---|
| 397 | | - | 12.30child's absence is not due to the failure of the child's parent, guardian, or custodian to comply |
|---|
| 398 | | - | 12.31with compulsory instruction laws. |
|---|
| 399 | | - | 12Article 2 Sec. 13. |
|---|
| 400 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 13.1 Sec. 14. Minnesota Statutes 2024, section 260C.141, subdivision 1, is amended to read: |
|---|
| 401 | | - | 13.2 Subdivision 1.Who may file; required form.(a) Any reputable person, including but |
|---|
| 402 | | - | 13.3not limited to any agent of the commissioner of children, youth, and families, having |
|---|
| 403 | | - | 13.4knowledge of a child in this state or of a child who is a resident of this state, who appears |
|---|
| 404 | | - | 13.5to be in need of protection or services or neglected and in foster care, may petition the |
|---|
| 405 | | - | 13.6juvenile court in the manner provided in this section. |
|---|
| 406 | | - | 13.7 (b) A petition for a child in need of protection filed by an individual who is not a county |
|---|
| 407 | | - | 13.8attorney or an agent of the commissioner of children, youth, and families shall be filed on |
|---|
| 408 | | - | 13.9a form developed by the state court administrator and provided to court administrators. |
|---|
| 409 | | - | 13.10Copies of the form may be obtained from the court administrator in each county. The court |
|---|
| 410 | | - | 13.11administrator shall review the petition before it is filed to determine that it is completed. |
|---|
| 411 | | - | 13.12The court administrator may reject the petition if it does not indicate that the petitioner has |
|---|
| 412 | | - | 13.13contacted the responsible social services agency. |
|---|
| 413 | | - | 13.14 An individual may file a petition under this subdivision without seeking internal review |
|---|
| 414 | | - | 13.15of the responsible social services agency's decision. The court shall determine whether there |
|---|
| 415 | | - | 13.16is probable cause to believe that a need for protection or services exists before the matter |
|---|
| 416 | | - | 13.17is set for hearing. If the matter is set for hearing, the court administrator shall notify the |
|---|
| 417 | | - | 13.18responsible social services agency by sending notice to the county attorney. |
|---|
| 418 | | - | 13.19 The petition must contain: |
|---|
| 419 | | - | 13.20 (1) a statement of facts that would establish, if proven, that there is a need for protection |
|---|
| 420 | | - | 13.21or services for the child named in the petition; |
|---|
| 421 | | - | 13.22 (2) a statement that petitioner has reported the circumstances underlying the petition to |
|---|
| 422 | | - | 13.23the responsible social services agency, and protection or services were not provided to the |
|---|
| 423 | | - | 13.24child; |
|---|
| 424 | | - | 13.25 (3) a statement whether there are existing juvenile or family court custody orders or |
|---|
| 425 | | - | 13.26pending proceedings in juvenile or family court concerning the child; and |
|---|
| 426 | | - | 13.27 (4) a statement of the relationship of the petitioner to the child and any other parties.; |
|---|
| 427 | | - | 13.28and |
|---|
| 428 | | - | 13.29 (5) a statement whether the petitioner has inquired of the parent or parents of the child, |
|---|
| 429 | | - | 13.30the child, and relatives about the child's heritage, including the child's Tribal lineage pursuant |
|---|
| 430 | | - | 13.31to section 260.761 and their race, culture, and ethnicity pursuant to section 260.63, |
|---|
| 431 | | - | 13.32subdivision 10. |
|---|
| 432 | | - | 13Article 2 Sec. 14. |
|---|
| 433 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 14.1 The court may not allow a petition to proceed under this paragraph if it appears that the |
|---|
| 434 | | - | 14.2sole purpose of the petition is to modify custody between the parents. |
|---|
| 435 | | - | 14.3 Sec. 15. Minnesota Statutes 2024, section 260C.150, subdivision 3, is amended to read: |
|---|
| 436 | | - | 14.4 Subd. 3.Identifying parents of child; diligent efforts; data.(a) The responsible social |
|---|
| 437 | | - | 14.5services agency shall make diligent efforts to inquire about the child's heritage, including |
|---|
| 438 | | - | 14.6the child's Tribal lineage pursuant to section 260.761 and their race, culture, and ethnicity |
|---|
| 439 | | - | 14.7pursuant to section 260.63, subdivision 10, and to identify and locate both parents of any |
|---|
| 440 | | - | 14.8child who is the subject of proceedings under this chapter. Diligent efforts include: |
|---|
| 441 | | - | 14.9 (1) asking the custodial or known parent to identify any nonresident parent of the child |
|---|
| 442 | | - | 14.10and provide information that can be used to verify the nonresident parent's identity including |
|---|
| 443 | | - | 14.11the dates and locations of marriages and divorces; dates and locations of any legal |
|---|
| 444 | | - | 14.12proceedings regarding paternity; date and place of the child's birth; nonresident parent's full |
|---|
| 445 | | - | 14.13legal name; nonresident parent's date of birth, or if the nonresident parent's date of birth is |
|---|
| 446 | | - | 14.14unknown, an approximate age; the nonresident parent's Social Security number; the |
|---|
| 447 | | - | 14.15nonresident parent's whereabouts including last known whereabouts; and the whereabouts |
|---|
| 448 | | - | 14.16of relatives of the nonresident parent. For purposes of this subdivision, "nonresident parent" |
|---|
| 449 | | - | 14.17means a parent who does not reside in the same household as the child or did not reside in |
|---|
| 450 | | - | 14.18the same household as the child at the time the child was removed when the child is in foster |
|---|
| 451 | | - | 14.19care; |
|---|
| 452 | | - | 14.20 (2) obtaining information that will identify and locate the nonresident parent from the |
|---|
| 453 | | - | 14.21county and state of Minnesota child support enforcement information system; |
|---|
| 454 | | - | 14.22 (3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after the |
|---|
| 455 | | - | 14.23child's birth; and |
|---|
| 456 | | - | 14.24 (4) using any other reasonable means to identify and locate the nonresident parent. |
|---|
| 457 | | - | 14.25 (b) The agency may disclose data which is otherwise private under section 13.46 or |
|---|
| 458 | | - | 14.26chapter 260E in order to carry out its duties under this subdivision. |
|---|
| 459 | | - | 14.27 (c) Upon the filing of a petition alleging the child to be in need of protection or services, |
|---|
| 460 | | - | 14.28the responsible social services agency may contact a putative father who registered with |
|---|
| 461 | | - | 14.29the Minnesota Fathers' Adoption Registry more than 30 days after the child's birth. The |
|---|
| 462 | | - | 14.30social service agency may consider a putative father for the day-to-day care of the child |
|---|
| 463 | | - | 14.31under section 260C.219 if the putative father cooperates with genetic testing and there is a |
|---|
| 464 | | - | 14.32positive test result under section 257.62, subdivision 5. Nothing in this paragraph: |
|---|
| 465 | | - | 14Article 2 Sec. 15. |
|---|
| 466 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 15.1 (1) relieves a putative father who registered with the Minnesota Fathers' Adoption |
|---|
| 467 | | - | 15.2Registry more than 30 days after the child's birth of the duty to cooperate with paternity |
|---|
| 468 | | - | 15.3establishment proceedings under section 260C.219; |
|---|
| 469 | | - | 15.4 (2) gives a putative father who registered with the Minnesota Fathers' Adoption Registry |
|---|
| 470 | | - | 15.5more than 30 days after the child's birth the right to notice under section 260C.151 unless |
|---|
| 471 | | - | 15.6the putative father is entitled to notice under sections 259.24 and 259.49, subdivision 1, |
|---|
| 472 | | - | 15.7paragraph (a) or (b), clauses (1) to (7); or |
|---|
| 473 | | - | 15.8 (3) establishes a right to assert an interest in the child in a termination of parental rights |
|---|
| 474 | | - | 15.9proceeding contrary to section 259.52, subdivision 6, unless the putative father is entitled |
|---|
| 475 | | - | 15.10to notice under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1) |
|---|
| 476 | | - | 15.11to (7). |
|---|
| 477 | | - | 15.12Sec. 16. Minnesota Statutes 2024, section 260C.178, subdivision 1, is amended to read: |
|---|
| 478 | | - | 15.13 Subdivision 1.Hearing and release requirements.(a) If a child was taken into custody |
|---|
| 479 | | - | 15.14under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a |
|---|
| 480 | | - | 15.15hearing within 72 hours of the time that the child was taken into custody, excluding |
|---|
| 481 | | - | 15.16Saturdays, Sundays, and holidays, to determine whether the child should continue to be in |
|---|
| 482 | | - | 15.17custody. |
|---|
| 483 | | - | 15.18 (b) Unless there is reason to believe that the child would endanger self or others or not |
|---|
| 484 | | - | 15.19return for a court hearing, or that the child's health or welfare would be immediately |
|---|
| 485 | | - | 15.20endangered, the child shall be released to the custody of a parent, guardian, custodian, or |
|---|
| 486 | | - | 15.21other suitable person, subject to reasonable conditions of release including, but not limited |
|---|
| 487 | | - | 15.22to, a requirement that the child undergo a chemical use assessment as provided in section |
|---|
| 488 | | - | 15.23260C.157, subdivision 1. |
|---|
| 489 | | - | 15.24 (c) If the court determines that there is reason to believe that the child would endanger |
|---|
| 490 | | - | 15.25self or others or not return for a court hearing, or that the child's health or welfare would be |
|---|
| 491 | | - | 15.26immediately endangered if returned to the care of the parent or guardian who has custody |
|---|
| 492 | | - | 15.27and from whom the child was removed, the court shall order the child: |
|---|
| 493 | | - | 15.28 (1) into the care of the child's noncustodial parent and order the noncustodial parent to |
|---|
| 494 | | - | 15.29comply with any conditions that the court determines appropriate to ensure the safety and |
|---|
| 495 | | - | 15.30care of the child, including requiring the noncustodial parent to cooperate with paternity |
|---|
| 496 | | - | 15.31establishment proceedings if the noncustodial parent has not been adjudicated the child's |
|---|
| 497 | | - | 15.32father; or |
|---|
| 498 | | - | 15Article 2 Sec. 16. |
|---|
| 499 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 16.1 (2) into foster care as defined in section 260C.007, subdivision 18, under the legal |
|---|
| 500 | | - | 16.2responsibility of the responsible social services agency or responsible probation or corrections |
|---|
| 501 | | - | 16.3agency for the purposes of protective care as that term is used in the juvenile court rules. |
|---|
| 502 | | - | 16.4The court shall not give the responsible social services legal custody and order a trial home |
|---|
| 503 | | - | 16.5visit at any time prior to adjudication and disposition under section 260C.201, subdivision |
|---|
| 504 | | - | 16.61, paragraph (a), clause (3), but may order the child returned to the care of the parent or |
|---|
| 505 | | - | 16.7guardian who has custody and from whom the child was removed and order the parent or |
|---|
| 506 | | - | 16.8guardian to comply with any conditions the court determines to be appropriate to meet the |
|---|
| 507 | | - | 16.9safety, health, and welfare of the child. |
|---|
| 508 | | - | 16.10 (d) In determining whether the child's health or welfare would be immediately |
|---|
| 509 | | - | 16.11endangered, the court shall consider whether the child would reside with a perpetrator of |
|---|
| 510 | | - | 16.12domestic child abuse. |
|---|
| 511 | | - | 16.13 (e) The court, before determining whether a child should be placed in or continue in |
|---|
| 512 | | - | 16.14foster care under the protective care of the responsible agency, shall also make a |
|---|
| 513 | | - | 16.15determination, consistent with section 260.012 as to whether reasonable efforts were made |
|---|
| 514 | | - | 16.16to prevent placement or whether reasonable efforts to prevent placement are not required. |
|---|
| 515 | | - | 16.17In the case of an Indian child, the court shall determine whether active efforts, according |
|---|
| 516 | | - | 16.18to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25, |
|---|
| 517 | | - | 16.19section 1912(d), were made to prevent placement. The court shall enter a finding that the |
|---|
| 518 | | - | 16.20responsible social services agency has made reasonable efforts to prevent placement when |
|---|
| 519 | | - | 16.21the agency establishes either: |
|---|
| 520 | | - | 16.22 (1) that the agency has actually provided services or made efforts in an attempt to prevent |
|---|
| 521 | | - | 16.23the child's removal but that such services or efforts have not proven sufficient to permit the |
|---|
| 522 | | - | 16.24child to safely remain in the home; or |
|---|
| 523 | | - | 16.25 (2) that there are no services or other efforts that could be made at the time of the hearing |
|---|
| 524 | | - | 16.26that could safely permit the child to remain home or to return home. The court shall not |
|---|
| 525 | | - | 16.27make a reasonable efforts determination under this clause unless the court is satisfied that |
|---|
| 526 | | - | 16.28the agency has sufficiently demonstrated to the court that there were no services or other |
|---|
| 527 | | - | 16.29efforts that the agency was able to provide at the time of the hearing enabling the child to |
|---|
| 528 | | - | 16.30safely remain home or to safely return home. When reasonable efforts to prevent placement |
|---|
| 529 | | - | 16.31are required and there are services or other efforts that could be ordered that would permit |
|---|
| 530 | | - | 16.32the child to safely return home, the court shall order the child returned to the care of the |
|---|
| 531 | | - | 16.33parent or guardian and the services or efforts put in place to ensure the child's safety. When |
|---|
| 532 | | - | 16.34the court makes a prima facie determination that one of the circumstances under paragraph |
|---|
| 533 | | - | 16Article 2 Sec. 16. |
|---|
| 534 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 17.1(g) exists, the court shall determine that reasonable efforts to prevent placement and to |
|---|
| 535 | | - | 17.2return the child to the care of the parent or guardian are not required. |
|---|
| 536 | | - | 17.3 (f) If the court finds the social services agency's preventive or reunification efforts have |
|---|
| 537 | | - | 17.4not been reasonable but further preventive or reunification efforts could not permit the child |
|---|
| 538 | | - | 17.5to safely remain at home, the court may nevertheless authorize or continue the removal of |
|---|
| 539 | | - | 17.6the child. |
|---|
| 540 | | - | 17.7 (g) The court may not order or continue the foster care placement of the child unless the |
|---|
| 541 | | - | 17.8court makes explicit, individualized findings that continued custody of the child by the |
|---|
| 542 | | - | 17.9parent or guardian would be contrary to the welfare of the child and that placement is in the |
|---|
| 543 | | - | 17.10best interest of the child. |
|---|
| 544 | | - | 17.11 (h) At the emergency removal hearing, or at any time during the course of the proceeding, |
|---|
| 545 | | - | 17.12and upon notice and request of the county attorney, the court shall determine whether a |
|---|
| 546 | | - | 17.13petition has been filed stating a prima facie case that: |
|---|
| 547 | | - | 17.14 (1) the parent has subjected a child to egregious harm as defined in section 260C.007, |
|---|
| 548 | | - | 17.15subdivision 14; |
|---|
| 549 | | - | 17.16 (2) the parental rights of the parent to another child have been involuntarily terminated; |
|---|
| 550 | | - | 17.17 (3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph |
|---|
| 551 | | - | 17.18(a), clause (2); |
|---|
| 552 | | - | 17.19 (4) the parents' custodial rights to another child have been involuntarily transferred to a |
|---|
| 553 | | - | 17.20relative under a juvenile protection proceeding or a similar process of another jurisdiction; |
|---|
| 554 | | - | 17.21 (5) the parent has committed sexual abuse as defined in section 260E.03, against the |
|---|
| 555 | | - | 17.22child or another child of the parent; |
|---|
| 556 | | - | 17.23 (6) the parent has committed an offense that requires registration as a predatory offender |
|---|
| 557 | | - | 17.24under section 243.166, subdivision 1b, paragraph (a) or (b); or |
|---|
| 558 | | - | 17.25 (7) the provision of services or further services for the purpose of reunification is futile |
|---|
| 559 | | - | 17.26and therefore unreasonable. |
|---|
| 560 | | - | 17.27 (i) When a petition to terminate parental rights is required under section 260C.301, |
|---|
| 561 | | - | 17.28subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to |
|---|
| 562 | | - | 17.29proceed with a termination of parental rights petition, and has instead filed a petition to |
|---|
| 563 | | - | 17.30transfer permanent legal and physical custody to a relative under section 260C.507, the |
|---|
| 564 | | - | 17.31court shall schedule a permanency hearing within 30 days of the filing of the petition. |
|---|
| 565 | | - | 17Article 2 Sec. 16. |
|---|
| 566 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 18.1 (j) If the county attorney has filed a petition under section 260C.307, the court shall |
|---|
| 567 | | - | 18.2schedule a trial under section 260C.163 within 90 days of the filing of the petition except |
|---|
| 568 | | - | 18.3when the county attorney determines that the criminal case shall proceed to trial first under |
|---|
| 569 | | - | 18.4section 260C.503, subdivision 2, paragraph (c). |
|---|
| 570 | | - | 18.5 (k) If the court determines the child should be ordered into foster care and, the court |
|---|
| 571 | | - | 18.6shall inquire about the child's heritage, including the child's Tribal lineage pursuant to section |
|---|
| 572 | | - | 18.7260.761; their race, culture, and ethnicity pursuant to section 260.63, subdivision 10; and |
|---|
| 573 | | - | 18.8the responsible social services agency's initial relative search efforts. If the child's parent |
|---|
| 574 | | - | 18.9refuses to give information to the responsible social services agency regarding the child's |
|---|
| 575 | | - | 18.10father or relatives of the child, the court may order the parent to disclose the names, addresses, |
|---|
| 576 | | - | 18.11telephone numbers, and other identifying information to the responsible social services |
|---|
| 577 | | - | 18.12agency for the purpose of complying with sections 260C.150, 260C.151, 260C.212, |
|---|
| 578 | | - | 18.13260C.215, 260C.219, and 260C.221. |
|---|
| 579 | | - | 18.14 (l) If a child ordered into foster care has siblings, whether full, half, or step, who are |
|---|
| 580 | | - | 18.15also ordered into foster care, the court shall inquire of the responsible social services agency |
|---|
| 581 | | - | 18.16of the efforts to place the children together as required by section 260C.212, subdivision 2, |
|---|
| 582 | | - | 18.17paragraph (d), if placement together is in each child's best interests, unless a child is in |
|---|
| 583 | | - | 18.18placement for treatment or a child is placed with a previously noncustodial parent who is |
|---|
| 584 | | - | 18.19not a parent to all siblings. If the children are not placed together at the time of the hearing, |
|---|
| 585 | | - | 18.20the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place |
|---|
| 586 | | - | 18.21the siblings together, as required under section 260.012. If any sibling is not placed with |
|---|
| 587 | | - | 18.22another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing |
|---|
| 588 | | - | 18.23contact among the siblings as required under section 260C.212, subdivision 1, unless it is |
|---|
| 589 | | - | 18.24contrary to the safety or well-being of any of the siblings to do so. |
|---|
| 590 | | - | 18.25 (m) When the court has ordered the child into the care of a noncustodial parent or in |
|---|
| 591 | | - | 18.26foster care, the court may order a chemical dependency evaluation, mental health evaluation, |
|---|
| 592 | | - | 18.27medical examination, and parenting assessment for the parent as necessary to support the |
|---|
| 593 | | - | 18.28development of a plan for reunification required under subdivision 7 and section 260C.212, |
|---|
| 594 | | - | 18.29subdivision 1, or the child protective services plan under section 260E.26, and Minnesota |
|---|
| 595 | | - | 18.30Rules, part 9560.0228. |
|---|
| 596 | | - | 18.31 (n) When the court has ordered an Indian child into an emergency child placement, the |
|---|
| 597 | | - | 18.32Indian child shall be placed according to the placement preferences in the Minnesota Indian |
|---|
| 598 | | - | 18.33Family Preservation Act, section 260.773. |
|---|
| 599 | | - | 18Article 2 Sec. 16. |
|---|
| 600 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 19.1 Sec. 17. Minnesota Statutes 2024, section 260C.178, subdivision 7, is amended to read: |
|---|
| 601 | | - | 19.2 Subd. 7.Case plan.(a) When the court has ordered the child into the care of a parent |
|---|
| 602 | | - | 19.3under subdivision 1, paragraph (c), clause (1), the child protective services plan under section |
|---|
| 603 | | - | 19.4260E.26 must be filed within 30 days of the filing of the juvenile protection petition under |
|---|
| 604 | | - | 19.5section 260C.141, subdivision 1. |
|---|
| 605 | | - | 19.6 (b) When the court orders the child into foster care under subdivision 1, paragraph (c), |
|---|
| 606 | | - | 19.7clause (2), and not into the care of a parent, an out-of-home placement plan summary required |
|---|
| 607 | | - | 19.8under section 260C.212, subdivision 1, must be filed with the court within 30 days of the |
|---|
| 608 | | - | 19.9filing of a juvenile protection petition under section 260C.141, subdivision 1, when the |
|---|
| 609 | | - | 19.10court orders emergency removal of the child under this section, or filed with the petition if |
|---|
| 610 | | - | 19.11the petition is a review of a voluntary placement under section 260C.141, subdivision 2. |
|---|
| 611 | | - | 19.12An out-of-home placement plan shall be prepared and filed with the court within 60 days |
|---|
| 612 | | - | 19.13after any child is placed in foster care under section 260C.212, subdivision 1. |
|---|
| 613 | | - | 19.14 (c) Upon the filing of the child protective services plan under section 260E.26 or |
|---|
| 614 | | - | 19.15out-of-home placement plan that has been developed jointly with the parent and in |
|---|
| 615 | | - | 19.16consultation with others as required under section 260C.212, subdivision 1, the court may |
|---|
| 616 | | - | 19.17approve implementation of the plan by the responsible social services agency based on the |
|---|
| 617 | | - | 19.18allegations contained in the petition and any evaluations, examinations, or assessments |
|---|
| 618 | | - | 19.19conducted under subdivision 1, paragraph (m). The court shall send written notice of the |
|---|
| 619 | | - | 19.20approval of the child protective services plan or out-of-home placement plan to all parties |
|---|
| 620 | | - | 19.21and the county attorney or may state such approval on the record at a hearing. A parent may |
|---|
| 621 | | - | 19.22agree to comply with the terms of the plan filed with the court. |
|---|
| 622 | | - | 19.23 (d) The responsible social services agency shall make reasonable efforts to engage both |
|---|
| 623 | | - | 19.24parents of the child in case planning. The responsible social services agency shall report |
|---|
| 624 | | - | 19.25the results of its efforts to engage the child's parents in the child protective services plan or |
|---|
| 625 | | - | 19.26out-of-home placement plan filed with the court. The agency shall notify the court of the |
|---|
| 626 | | - | 19.27services it will provide or efforts it will attempt under the plan notwithstanding the parent's |
|---|
| 627 | | - | 19.28refusal to cooperate or disagreement with the services. The parent may ask the court to |
|---|
| 628 | | - | 19.29modify the plan to require different or additional services requested by the parent, but which |
|---|
| 629 | | - | 19.30the agency refused to provide. The court may approve the plan as presented by the agency |
|---|
| 630 | | - | 19.31or may modify the plan to require services requested by the parent. The court's approval |
|---|
| 631 | | - | 19.32must be based on the content of the petition. |
|---|
| 632 | | - | 19.33 (e) Unless the parent agrees to comply with the terms of the child protective services |
|---|
| 633 | | - | 19.34plan or out-of-home placement plan, the court may not order a parent to comply with the |
|---|
| 634 | | - | 19Article 2 Sec. 17. |
|---|
| 635 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 20.1provisions of the plan until the court finds the child is in need of protection or services and |
|---|
| 636 | | - | 20.2orders disposition under section 260C.201, subdivision 1. However, the court may find that |
|---|
| 637 | | - | 20.3the responsible social services agency has made reasonable efforts for reunification if the |
|---|
| 638 | | - | 20.4agency makes efforts to implement the terms of the child protective services plan or |
|---|
| 639 | | - | 20.5out-of-home placement plan approved under this section. |
|---|
| 640 | | - | 20.6 Sec. 18. Minnesota Statutes 2024, section 260C.201, subdivision 1, is amended to read: |
|---|
| 641 | | - | 20.7 Subdivision 1.Dispositions.(a) If the court finds that the child is in need of protection |
|---|
| 642 | | - | 20.8or services or neglected and in foster care, the court shall enter an order making any of the |
|---|
| 643 | | - | 20.9following dispositions of the case: |
|---|
| 644 | | - | 20.10 (1) place the child under the protective supervision of the responsible social services |
|---|
| 645 | | - | 20.11agency or child-placing agency in the home of a parent of the child under conditions |
|---|
| 646 | | - | 20.12prescribed by the court directed to the correction of the child's need for protection or services: |
|---|
| 647 | | - | 20.13 (i) the court may order the child into the home of a parent who does not otherwise have |
|---|
| 648 | | - | 20.14legal custody of the child, however, an order under this section does not confer legal custody |
|---|
| 649 | | - | 20.15on that parent; |
|---|
| 650 | | - | 20.16 (ii) if the court orders the child into the home of a father who is not adjudicated, the |
|---|
| 651 | | - | 20.17father must cooperate with paternity establishment proceedings regarding the child in the |
|---|
| 652 | | - | 20.18appropriate jurisdiction as one of the conditions prescribed by the court for the child to |
|---|
| 653 | | - | 20.19continue in the father's home; and |
|---|
| 654 | | - | 20.20 (iii) the court may order the child into the home of a noncustodial parent with conditions |
|---|
| 655 | | - | 20.21and may also order both the noncustodial and the custodial parent to comply with the |
|---|
| 656 | | - | 20.22requirements of a case plan under subdivision 2; or |
|---|
| 657 | | - | 20.23 (2) transfer legal custody to one of the following: |
|---|
| 658 | | - | 20.24 (i) a child-placing agency; or |
|---|
| 659 | | - | 20.25 (ii) the responsible social services agency. In making a foster care placement of a child |
|---|
| 660 | | - | 20.26whose custody has been transferred under this subdivision, the court shall inquire about the |
|---|
| 661 | | - | 20.27child's heritage, including the child's Tribal lineage pursuant to section 260.761 and their |
|---|
| 662 | | - | 20.28race, culture, and ethnicity pursuant to section 260.63, subdivision 10, and the agency shall |
|---|
| 663 | | - | 20.29make an individualized determination of how the placement is in the child's best interests |
|---|
| 664 | | - | 20.30using the placement consideration order for relatives and the best interest factors in section |
|---|
| 665 | | - | 20.31260C.212, subdivision 2, and may include a child colocated with a parent in a licensed |
|---|
| 666 | | - | 20.32residential family-based substance use disorder treatment program under section 260C.190; |
|---|
| 667 | | - | 20.33or |
|---|
| 668 | | - | 20Article 2 Sec. 18. |
|---|
| 669 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 21.1 (3) order a trial home visit without modifying the transfer of legal custody to the |
|---|
| 670 | | - | 21.2responsible social services agency under clause (2). Trial home visit means the child is |
|---|
| 671 | | - | 21.3returned to the care of the parent or guardian from whom the child was removed for a period |
|---|
| 672 | | - | 21.4not to exceed six months. During the period of the trial home visit, the responsible social |
|---|
| 673 | | - | 21.5services agency: |
|---|
| 674 | | - | 21.6 (i) shall continue to have legal custody of the child, which means that the agency may |
|---|
| 675 | | - | 21.7see the child in the parent's home, at school, in a child care facility, or other setting as the |
|---|
| 676 | | - | 21.8agency deems necessary and appropriate; |
|---|
| 677 | | - | 21.9 (ii) shall continue to have the ability to access information under section 260C.208; |
|---|
| 678 | | - | 21.10 (iii) shall continue to provide appropriate services to both the parent and the child during |
|---|
| 679 | | - | 21.11the period of the trial home visit; |
|---|
| 680 | | - | 21.12 (iv) without previous court order or authorization, may terminate the trial home visit in |
|---|
| 681 | | - | 21.13order to protect the child's health, safety, or welfare and may remove the child to foster care; |
|---|
| 682 | | - | 21.14 (v) shall advise the court and parties within three days of the termination of the trial |
|---|
| 683 | | - | 21.15home visit when a visit is terminated by the responsible social services agency without a |
|---|
| 684 | | - | 21.16court order; and |
|---|
| 685 | | - | 21.17 (vi) shall prepare a report for the court when the trial home visit is terminated whether |
|---|
| 686 | | - | 21.18by the agency or court order that describes the child's circumstances during the trial home |
|---|
| 687 | | - | 21.19visit and recommends appropriate orders, if any, for the court to enter to provide for the |
|---|
| 688 | | - | 21.20child's safety and stability. In the event a trial home visit is terminated by the agency by |
|---|
| 689 | | - | 21.21removing the child to foster care without prior court order or authorization, the court shall |
|---|
| 690 | | - | 21.22conduct a hearing within ten days of receiving notice of the termination of the trial home |
|---|
| 691 | | - | 21.23visit by the agency and shall order disposition under this subdivision or commence |
|---|
| 692 | | - | 21.24permanency proceedings under sections 260C.503 to 260C.515. The time period for the |
|---|
| 693 | | - | 21.25hearing may be extended by the court for good cause shown and if it is in the best interests |
|---|
| 694 | | - | 21.26of the child as long as the total time the child spends in foster care without a permanency |
|---|
| 695 | | - | 21.27hearing does not exceed 12 months; |
|---|
| 696 | | - | 21.28 (4) if the child has been adjudicated as a child in need of protection or services because |
|---|
| 697 | | - | 21.29the child is in need of special services or care to treat or ameliorate a physical or mental |
|---|
| 698 | | - | 21.30disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court |
|---|
| 699 | | - | 21.31may order the child's parent, guardian, or custodian to provide it. The court may order the |
|---|
| 700 | | - | 21.32child's health plan company to provide mental health services to the child. Section 62Q.535 |
|---|
| 701 | | - | 21.33applies to an order for mental health services directed to the child's health plan company. |
|---|
| 702 | | - | 21.34If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment |
|---|
| 703 | | - | 21Article 2 Sec. 18. |
|---|
| 704 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 22.1or care, the court may order it provided. Absent specific written findings by the court that |
|---|
| 705 | | - | 22.2the child's disability is the result of abuse or neglect by the child's parent or guardian, the |
|---|
| 706 | | - | 22.3court shall not transfer legal custody of the child for the purpose of obtaining special |
|---|
| 707 | | - | 22.4treatment or care solely because the parent is unable to provide the treatment or care. If the |
|---|
| 708 | | - | 22.5court's order for mental health treatment is based on a diagnosis made by a treatment |
|---|
| 709 | | - | 22.6professional, the court may order that the diagnosing professional not provide the treatment |
|---|
| 710 | | - | 22.7to the child if it finds that such an order is in the child's best interests; or |
|---|
| 711 | | - | 22.8 (5) if the court believes that the child has sufficient maturity and judgment and that it is |
|---|
| 712 | | - | 22.9in the best interests of the child, the court may order a child 16 years old or older to be |
|---|
| 713 | | - | 22.10allowed to live independently, either alone or with others as approved by the court under |
|---|
| 714 | | - | 22.11supervision the court considers appropriate, if the county board, after consultation with the |
|---|
| 715 | | - | 22.12court, has specifically authorized this dispositional alternative for a child. |
|---|
| 716 | | - | 22.13 (b) If the child was adjudicated in need of protection or services because the child is a |
|---|
| 717 | | - | 22.14runaway or habitual truant, the court may order any of the following dispositions in addition |
|---|
| 718 | | - | 22.15to or as alternatives to the dispositions authorized under paragraph (a): |
|---|
| 719 | | - | 22.16 (1) counsel the child or the child's parents, guardian, or custodian; |
|---|
| 720 | | - | 22.17 (2) place the child under the supervision of a probation officer or other suitable person |
|---|
| 721 | | - | 22.18in the child's own home under conditions prescribed by the court, including reasonable rules |
|---|
| 722 | | - | 22.19for the child's conduct and the conduct of the parents, guardian, or custodian, designed for |
|---|
| 723 | | - | 22.20the physical, mental, and moral well-being and behavior of the child; |
|---|
| 724 | | - | 22.21 (3) subject to the court's supervision, transfer legal custody of the child to one of the |
|---|
| 725 | | - | 22.22following: |
|---|
| 726 | | - | 22.23 (i) a reputable person of good moral character. No person may receive custody of two |
|---|
| 727 | | - | 22.24or more unrelated children unless licensed to operate a residential program under sections |
|---|
| 728 | | - | 22.25245A.01 to 245A.16; or |
|---|
| 729 | | - | 22.26 (ii) a county probation officer for placement in a group foster home established under |
|---|
| 730 | | - | 22.27the direction of the juvenile court and licensed pursuant to section 241.021; |
|---|
| 731 | | - | 22.28 (4) require the child to pay a fine of up to $100. The court shall order payment of the |
|---|
| 732 | | - | 22.29fine in a manner that will not impose undue financial hardship upon the child; |
|---|
| 733 | | - | 22.30 (5) require the child to participate in a community service project; |
|---|
| 734 | | - | 22.31 (6) order the child to undergo a chemical dependency evaluation and, if warranted by |
|---|
| 735 | | - | 22.32the evaluation, order participation by the child in a drug awareness program or an inpatient |
|---|
| 736 | | - | 22.33or outpatient chemical dependency treatment program; |
|---|
| 737 | | - | 22Article 2 Sec. 18. |
|---|
| 738 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 23.1 (7) if the court believes that it is in the best interests of the child or of public safety that |
|---|
| 739 | | - | 23.2the child's driver's license or instruction permit be canceled, the court may order the |
|---|
| 740 | | - | 23.3commissioner of public safety to cancel the child's license or permit for any period up to |
|---|
| 741 | | - | 23.4the child's 18th birthday. If the child does not have a driver's license or permit, the court |
|---|
| 742 | | - | 23.5may order a denial of driving privileges for any period up to the child's 18th birthday. The |
|---|
| 743 | | - | 23.6court shall forward an order issued under this clause to the commissioner, who shall cancel |
|---|
| 744 | | - | 23.7the license or permit or deny driving privileges without a hearing for the period specified |
|---|
| 745 | | - | 23.8by the court. At any time before the expiration of the period of cancellation or denial, the |
|---|
| 746 | | - | 23.9court may, for good cause, order the commissioner of public safety to allow the child to |
|---|
| 747 | | - | 23.10apply for a license or permit, and the commissioner shall so authorize; |
|---|
| 748 | | - | 23.11 (8) order that the child's parent or legal guardian deliver the child to school at the |
|---|
| 749 | | - | 23.12beginning of each school day for a period of time specified by the court; or |
|---|
| 750 | | - | 23.13 (9) require the child to perform any other activities or participate in any other treatment |
|---|
| 751 | | - | 23.14programs deemed appropriate by the court. |
|---|
| 752 | | - | 23.15 To the extent practicable, the court shall enter a disposition order the same day it makes |
|---|
| 753 | | - | 23.16a finding that a child is in need of protection or services or neglected and in foster care, but |
|---|
| 754 | | - | 23.17in no event more than 15 days after the finding unless the court finds that the best interests |
|---|
| 755 | | - | 23.18of the child will be served by granting a delay. If the child was under eight years of age at |
|---|
| 756 | | - | 23.19the time the petition was filed, the disposition order must be entered within ten days of the |
|---|
| 757 | | - | 23.20finding and the court may not grant a delay unless good cause is shown and the court finds |
|---|
| 758 | | - | 23.21the best interests of the child will be served by the delay. |
|---|
| 759 | | - | 23.22 (c) If a child who is 14 years of age or older is adjudicated in need of protection or |
|---|
| 760 | | - | 23.23services because the child is a habitual truant and truancy procedures involving the child |
|---|
| 761 | | - | 23.24were previously dealt with by a school attendance review board or county attorney mediation |
|---|
| 762 | | - | 23.25program under section 260A.06 or 260A.07, the court shall order a cancellation or denial |
|---|
| 763 | | - | 23.26of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th |
|---|
| 764 | | - | 23.27birthday. |
|---|
| 765 | | - | 23.28 (d) In the case of a child adjudicated in need of protection or services because the child |
|---|
| 766 | | - | 23.29has committed domestic abuse and been ordered excluded from the child's parent's home, |
|---|
| 767 | | - | 23.30the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing |
|---|
| 768 | | - | 23.31to provide an alternative safe living arrangement for the child as defined in paragraph (f). |
|---|
| 769 | | - | 23.32 (e) When a parent has complied with a case plan ordered under subdivision 6 and the |
|---|
| 770 | | - | 23.33child is in the care of the parent, the court may order the responsible social services agency |
|---|
| 771 | | - | 23Article 2 Sec. 18. |
|---|
| 772 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 24.1to monitor the parent's continued ability to maintain the child safely in the home under such |
|---|
| 773 | | - | 24.2terms and conditions as the court determines appropriate under the circumstances. |
|---|
| 774 | | - | 24.3 (f) For the purposes of this subdivision, "alternative safe living arrangement" means a |
|---|
| 775 | | - | 24.4living arrangement for a child proposed by a petitioning parent or guardian if a court excludes |
|---|
| 776 | | - | 24.5the minor from the parent's or guardian's home that is separate from the victim of domestic |
|---|
| 777 | | - | 24.6abuse and safe for the child respondent. A living arrangement proposed by a petitioning |
|---|
| 778 | | - | 24.7parent or guardian is presumed to be an alternative safe living arrangement absent information |
|---|
| 779 | | - | 24.8to the contrary presented to the court. In evaluating any proposed living arrangement, the |
|---|
| 780 | | - | 24.9court shall consider whether the arrangement provides the child with necessary food, clothing, |
|---|
| 781 | | - | 24.10shelter, and education in a safe environment. Any proposed living arrangement that would |
|---|
| 782 | | - | 24.11place the child in the care of an adult who has been physically or sexually violent is presumed |
|---|
| 783 | | - | 24.12unsafe. |
|---|
| 784 | | - | 24.13Sec. 19. Minnesota Statutes 2024, section 260C.201, subdivision 2, is amended to read: |
|---|
| 785 | | - | 24.14 Subd. 2.Written findings.(a) Any order for a disposition authorized under this section |
|---|
| 786 | | - | 24.15shall contain written findings of fact to support the disposition and case plan ordered and |
|---|
| 787 | | - | 24.16shall also set forth in writing the following information: |
|---|
| 788 | | - | 24.17 (1) why the best interests and safety of the child are served by the disposition and case |
|---|
| 789 | | - | 24.18plan ordered; |
|---|
| 790 | | - | 24.19 (2) what alternative dispositions or services under the case plan were considered by the |
|---|
| 791 | | - | 24.20court and why such dispositions or services were not appropriate in the instant case; |
|---|
| 792 | | - | 24.21 (3) when legal custody of the child is transferred, the appropriateness of the particular |
|---|
| 793 | | - | 24.22placement made or to be made by the placing agency using the relative and sibling placement |
|---|
| 794 | | - | 24.23considerations and best interest factors in section 260C.212, subdivision 2, or the |
|---|
| 795 | | - | 24.24appropriateness of a child colocated with a parent in a licensed residential family-based |
|---|
| 796 | | - | 24.25substance use disorder treatment program under section 260C.190; |
|---|
| 797 | | - | 24.26 (4) whether reasonable efforts to finalize the permanent plan for the child consistent |
|---|
| 798 | | - | 24.27with section 260.012 were made including reasonable efforts: |
|---|
| 799 | | - | 24.28 (i) to prevent the child's placement and to reunify the child with the parent or guardian |
|---|
| 800 | | - | 24.29from whom the child was removed at the earliest time consistent with the child's safety. |
|---|
| 801 | | - | 24.30The court's findings must include a brief description of what preventive and reunification |
|---|
| 802 | | - | 24.31efforts were made and why further efforts could not have prevented or eliminated the |
|---|
| 803 | | - | 24.32necessity of removal or that reasonable efforts were not required under section 260.012 or |
|---|
| 804 | | - | 24.33260C.178, subdivision 1; |
|---|
| 805 | | - | 24Article 2 Sec. 19. |
|---|
| 806 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 25.1 (ii) to identify and locate any noncustodial or nonresident parent of the child and to |
|---|
| 807 | | - | 25.2assess such parent's ability to provide day-to-day care of the child, and, where appropriate, |
|---|
| 808 | | - | 25.3provide services necessary to enable the noncustodial or nonresident parent to safely provide |
|---|
| 809 | | - | 25.4day-to-day care of the child as required under section 260C.219, unless such services are |
|---|
| 810 | | - | 25.5not required under section 260.012 or 260C.178, subdivision 1. The court's findings must |
|---|
| 811 | | - | 25.6include a description of the agency's efforts to: |
|---|
| 812 | | - | 25.7 (A) identify and locate the child's noncustodial or nonresident parent; |
|---|
| 813 | | - | 25.8 (B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of |
|---|
| 814 | | - | 25.9the child; and |
|---|
| 815 | | - | 25.10 (C) if appropriate, provide services necessary to enable the noncustodial or nonresident |
|---|
| 816 | | - | 25.11parent to safely provide the child's day-to-day care, including efforts to engage the |
|---|
| 817 | | - | 25.12noncustodial or nonresident parent in assuming care and responsibility of the child; |
|---|
| 818 | | - | 25.13 (iii) to inquire about the child's heritage, including the child's Tribal lineage pursuant to |
|---|
| 819 | | - | 25.14section 260.761 and their race, culture, and ethnicity pursuant to section 260.63, subdivision |
|---|
| 820 | | - | 25.1510, and make the diligent search for relatives and provide the notices required under section |
|---|
| 821 | | - | 25.16260C.221; a finding made pursuant to a hearing under section 260C.202 that the agency |
|---|
| 822 | | - | 25.17has made diligent efforts to conduct a relative search and has appropriately engaged relatives |
|---|
| 823 | | - | 25.18who responded to the notice under section 260C.221 and other relatives, who came to the |
|---|
| 824 | | - | 25.19attention of the agency after notice under section 260C.221 was sent, in placement and case |
|---|
| 825 | | - | 25.20planning decisions fulfills the requirement of this item; |
|---|
| 826 | | - | 25.21 (iv) to identify and make a foster care placement of the child, considering the order in |
|---|
| 827 | | - | 25.22section 260C.212, subdivision 2, paragraph (a), in the home of an unlicensed relative, |
|---|
| 828 | | - | 25.23according to the requirements of section 142B.06, a licensed relative, or other licensed foster |
|---|
| 829 | | - | 25.24care provider, who will commit to being the permanent legal parent or custodian for the |
|---|
| 830 | | - | 25.25child in the event reunification cannot occur, but who will actively support the reunification |
|---|
| 831 | | - | 25.26plan for the child. If the court finds that the agency has not appropriately considered relatives |
|---|
| 832 | | - | 25.27for placement of the child, the court shall order the agency to comply with section 260C.212, |
|---|
| 833 | | - | 25.28subdivision 2, paragraph (a). The court may order the agency to continue considering |
|---|
| 834 | | - | 25.29relatives for placement of the child regardless of the child's current placement setting; and |
|---|
| 835 | | - | 25.30 (v) to place siblings together in the same home or to ensure visitation is occurring when |
|---|
| 836 | | - | 25.31siblings are separated in foster care placement and visitation is in the siblings' best interests |
|---|
| 837 | | - | 25.32under section 260C.212, subdivision 2, paragraph (d); and |
|---|
| 838 | | - | 25.33 (5) if the child has been adjudicated as a child in need of protection or services because |
|---|
| 839 | | - | 25.34the child is in need of special services or care to treat or ameliorate a mental disability or |
|---|
| 840 | | - | 25Article 2 Sec. 19. |
|---|
| 841 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 26.1emotional disturbance as defined in section 245.4871, subdivision 15, the written findings |
|---|
| 842 | | - | 26.2shall also set forth: |
|---|
| 843 | | - | 26.3 (i) whether the child has mental health needs that must be addressed by the case plan; |
|---|
| 844 | | - | 26.4 (ii) what consideration was given to the diagnostic and functional assessments performed |
|---|
| 845 | | - | 26.5by the child's mental health professional and to health and mental health care professionals' |
|---|
| 846 | | - | 26.6treatment recommendations; |
|---|
| 847 | | - | 26.7 (iii) what consideration was given to the requests or preferences of the child's parent or |
|---|
| 848 | | - | 26.8guardian with regard to the child's interventions, services, or treatment; and |
|---|
| 849 | | - | 26.9 (iv) what consideration was given to the cultural appropriateness of the child's treatment |
|---|
| 850 | | - | 26.10or services. |
|---|
| 851 | | - | 26.11 (b) If the court finds that the social services agency's preventive or reunification efforts |
|---|
| 852 | | - | 26.12have not been reasonable but that further preventive or reunification efforts could not permit |
|---|
| 853 | | - | 26.13the child to safely remain at home, the court may nevertheless authorize or continue the |
|---|
| 854 | | - | 26.14removal of the child. |
|---|
| 855 | | - | 26.15 (c) If the child has been identified by the responsible social services agency as the subject |
|---|
| 856 | | - | 26.16of concurrent permanency planning, the court shall review the reasonable efforts of the |
|---|
| 857 | | - | 26.17agency to develop a permanency plan for the child that includes a primary plan that is for |
|---|
| 858 | | - | 26.18reunification with the child's parent or guardian and a secondary plan that is for an alternative, |
|---|
| 859 | | - | 26.19legally permanent home for the child in the event reunification cannot be achieved in a |
|---|
| 860 | | - | 26.20timely manner. |
|---|
| 861 | | - | 26.21Sec. 20. Minnesota Statutes 2024, section 260C.202, subdivision 2, is amended to read: |
|---|
| 862 | | - | 26.22 Subd. 2.Court review for a child placed in foster care.(a) If the court orders a child |
|---|
| 863 | | - | 26.23placed in foster care, the court shall review the out-of-home placement plan and the child's |
|---|
| 864 | | - | 26.24placement at least every 90 days as required in juvenile court rules to determine whether |
|---|
| 865 | | - | 26.25continued out-of-home placement is necessary and appropriate or whether the child should |
|---|
| 866 | | - | 26.26be returned home. |
|---|
| 867 | | - | 26.27 (b) This review is not required if the court has returned the child home, ordered the child |
|---|
| 868 | | - | 26.28permanently placed away from the parent under sections 260C.503 to 260C.521, or |
|---|
| 869 | | - | 26.29terminated rights under section 260C.301. Court review for a child permanently placed |
|---|
| 870 | | - | 26.30away from a parent, including where the child is under guardianship of the commissioner, |
|---|
| 871 | | - | 26.31is governed by section 260C.607. |
|---|
| 872 | | - | 26Article 2 Sec. 20. |
|---|
| 873 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 27.1 (c) When a child is placed in a qualified residential treatment program setting as defined |
|---|
| 874 | | - | 27.2in section 260C.007, subdivision 26d, the responsible social services agency must submit |
|---|
| 875 | | - | 27.3evidence to the court as specified in section 260C.712. |
|---|
| 876 | | - | 27.4 (d) No later than three months after the child's placement in foster care, the court shall |
|---|
| 877 | | - | 27.5review agency efforts to search for and notify relatives pursuant to section 260C.221, and |
|---|
| 878 | | - | 27.6order that the agency's efforts begin immediately, or continue, if the agency has failed to |
|---|
| 879 | | - | 27.7perform, or has not adequately performed, the duties under that section. The court must |
|---|
| 880 | | - | 27.8order the agency to continue to appropriately engage relatives who responded to the notice |
|---|
| 881 | | - | 27.9under section 260C.221 in placement and case planning decisions and to consider relatives |
|---|
| 882 | | - | 27.10for foster care placement consistent with section 260C.221. Notwithstanding a court's finding |
|---|
| 883 | | - | 27.11that the agency has made reasonable efforts to search for and notify relatives under section |
|---|
| 884 | | - | 27.12260C.221, the court may order the agency to continue making reasonable efforts to search |
|---|
| 885 | | - | 27.13for, notify, engage, and consider relatives who came to the agency's attention after sending |
|---|
| 886 | | - | 27.14the initial notice under section 260C.221. |
|---|
| 887 | | - | 27.15 (e) The court shall review the out-of-home placement plan and may modify the plan as |
|---|
| 888 | | - | 27.16provided under section 260C.201, subdivisions 6 and 7. |
|---|
| 889 | | - | 27.17 (f) When the court transfers the custody of a child to a responsible social services agency |
|---|
| 890 | | - | 27.18resulting in foster care or protective supervision with a noncustodial parent under subdivision |
|---|
| 891 | | - | 27.191, the court shall notify the parents of the provisions of sections 260C.204 and 260C.503 |
|---|
| 892 | | - | 27.20to 260C.521, as required under juvenile court rules. |
|---|
| 893 | | - | 27.21 (g) When a child remains in or returns to foster care pursuant to section 260C.451 and |
|---|
| 894 | | - | 27.22the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the |
|---|
| 895 | | - | 27.23court shall at least annually conduct the review required under section 260C.203. |
|---|
| 896 | | - | 27.24Sec. 21. Minnesota Statutes 2024, section 260C.202, is amended by adding a subdivision |
|---|
| 897 | | - | 27.25to read: |
|---|
| 898 | | - | 27.26 Subd. 3.Court review prior to the 18th birthday of a child in foster care.(a) The |
|---|
| 899 | | - | 27.27court must conduct a review during the 90-day period prior to the 18th birthday of a child |
|---|
| 900 | | - | 27.28in foster care. |
|---|
| 901 | | - | 27.29 (b) The responsible social services agency must file a written report with the court |
|---|
| 902 | | - | 27.30containing or attaching the following: |
|---|
| 903 | | - | 27.31 (1) the child's name, date of birth, race, gender, and current address; |
|---|
| 904 | | - | 27.32 (2) whether the child is eligible for extended foster care and if not, the reason or reasons |
|---|
| 905 | | - | 27.33why the child is not eligible; |
|---|
| 906 | | - | 27Article 2 Sec. 21. |
|---|
| 907 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 28.1 (3) a written summary describing how the child was involved in creating the child's plan |
|---|
| 908 | | - | 28.2for after their 18th birthday; |
|---|
| 909 | | - | 28.3 (4) the date the required extended foster care eligibility notice in section 260C.451, |
|---|
| 910 | | - | 28.4subdivision 1, was provided and the child's plan after the child's 18th birthday; |
|---|
| 911 | | - | 28.5 (5) the child's most recent independent living plan required under section 260C.212, |
|---|
| 912 | | - | 28.6subdivision 1; |
|---|
| 913 | | - | 28.7 (6) if the agency's recommendation is to extend jurisdiction up to age 19 under section |
|---|
| 914 | | - | 28.8260C.193, why the extended jurisdiction is in the child's best interest; |
|---|
| 915 | | - | 28.9 (7) if the agency's recommendation is to reunify the child with their parent or legal |
|---|
| 916 | | - | 28.10guardian, why reunification is in the child's best interest; |
|---|
| 917 | | - | 28.11 (8) if the agency plans to transition the child into adult services on or after the child's |
|---|
| 918 | | - | 28.1218th birthday, a summary of the transition plan as required in section 260C.452 and how |
|---|
| 919 | | - | 28.13this plan is in the child's best interest; and |
|---|
| 920 | | - | 28.14 (9) if the child's plan is to leave foster care at age 18 and not continue in extended foster |
|---|
| 921 | | - | 28.15care, a copy of their 180-day transition plan required in section 260C.452 and the reasons |
|---|
| 922 | | - | 28.16the child is not continuing in extended foster care. |
|---|
| 923 | | - | 28.17 (c) The agency must inform the child and parties to the proceeding of the reporting and |
|---|
| 924 | | - | 28.18court review requirements of this subdivision and their right to request a hearing. The child |
|---|
| 925 | | - | 28.19or a party to the proceeding may request a hearing if they believe the agency did not make |
|---|
| 926 | | - | 28.20reasonable efforts under this subdivision. |
|---|
| 927 | | - | 28.21 (d) Upon receiving the report, the court must hold a hearing when a party to the |
|---|
| 928 | | - | 28.22proceeding or the child requests a hearing. In all other circumstances, the court has the |
|---|
| 929 | | - | 28.23discretion to hold a hearing or issue an order without a hearing. |
|---|
| 930 | | - | 28.24 (e) The court must issue an order with findings including but not limited to the following: |
|---|
| 931 | | - | 28.25 (1) whether the responsible social services agency provided the notice to the child about |
|---|
| 932 | | - | 28.26extended foster care as required in section 260C.451; |
|---|
| 933 | | - | 28.27 (2) whether the responsible social services agency engaged with the child and |
|---|
| 934 | | - | 28.28appropriately planned with the child to transition to adulthood; and |
|---|
| 935 | | - | 28.29 (3) if the child has decided to not continue in the extended foster care program at age |
|---|
| 936 | | - | 28.3018, whether the responsible social services agency informed the child that they can reenter |
|---|
| 937 | | - | 28.31extended foster care up to age 21 or that the child is not eligible to reenter and why. |
|---|
| 938 | | - | 28Article 2 Sec. 21. |
|---|
| 939 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 29.1 Sec. 22. Minnesota Statutes 2024, section 260C.202, is amended by adding a subdivision |
|---|
| 940 | | - | 29.2to read: |
|---|
| 941 | | - | 29.3 Subd. 4.Court reviews for a child over age 18 in foster care.When a child remains |
|---|
| 942 | | - | 29.4in or returns to foster care pursuant to section 260C.451 and the court has jurisdiction |
|---|
| 943 | | - | 29.5pursuant to section 260C.193, subdivision 6, paragraph (c), the court must at least annually |
|---|
| 944 | | - | 29.6conduct the review required under section 260C.203. |
|---|
| 945 | | - | 29.7 Sec. 23. Minnesota Statutes 2024, section 260C.204, is amended to read: |
|---|
| 946 | | - | 29.8 260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER |
|---|
| 947 | | - | 29.9CARE FOR SIX MONTHS. |
|---|
| 948 | | - | 29.10 (a) When a child continues in placement out of the home of the parent or guardian from |
|---|
| 949 | | - | 29.11whom the child was removed, no later than six months after the child's placement the court |
|---|
| 950 | | - | 29.12shall conduct a permanency progress hearing to review: |
|---|
| 951 | | - | 29.13 (1) the progress of the case, the parent's progress on the case plan or out-of-home |
|---|
| 952 | | - | 29.14placement plan, whichever is applicable; |
|---|
| 953 | | - | 29.15 (2) the agency's reasonable, or in the case of an Indian child, active efforts for |
|---|
| 954 | | - | 29.16reunification and its provision of services; |
|---|
| 955 | | - | 29.17 (3) the agency's reasonable efforts to finalize the permanent plan for the child under |
|---|
| 956 | | - | 29.18section 260.012, paragraph (e), and to make a placement as required under section 260C.212, |
|---|
| 957 | | - | 29.19subdivision 2, in a home that will commit to being the legally permanent family for the |
|---|
| 958 | | - | 29.20child in the event the child cannot return home according to the timelines in this section; |
|---|
| 959 | | - | 29.21and |
|---|
| 960 | | - | 29.22 (4) in the case of an Indian child, active efforts to prevent the breakup of the Indian |
|---|
| 961 | | - | 29.23family and to make a placement according to the placement preferences under United States |
|---|
| 962 | | - | 29.24Code, title 25, chapter 21, section 1915. |
|---|
| 963 | | - | 29.25 (b) When a child is placed in a qualified residential treatment program setting as defined |
|---|
| 964 | | - | 29.26in section 260C.007, subdivision 26d, the responsible social services agency must submit |
|---|
| 965 | | - | 29.27evidence to the court as specified in section 260C.712. |
|---|
| 966 | | - | 29.28 (c) The court shall ensure that notice of the hearing is sent to any relative who: |
|---|
| 967 | | - | 29.29 (1) responded to the agency's notice provided under section 260C.221, indicating an |
|---|
| 968 | | - | 29.30interest in participating in planning for the child or being a permanency resource for the |
|---|
| 969 | | - | 29.31child and who has kept the court apprised of the relative's address; or |
|---|
| 970 | | - | 29Article 2 Sec. 23. |
|---|
| 971 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 30.1 (2) asked to be notified of court proceedings regarding the child as is permitted in section |
|---|
| 972 | | - | 30.2260C.152, subdivision 5. |
|---|
| 973 | | - | 30.3 (d)(1) If the parent or guardian has maintained contact with the child and is complying |
|---|
| 974 | | - | 30.4with the court-ordered out-of-home placement plan, and if the child would benefit from |
|---|
| 975 | | - | 30.5reunification with the parent, the court may either: |
|---|
| 976 | | - | 30.6 (i) return the child home, if the conditions that led to the out-of-home placement have |
|---|
| 977 | | - | 30.7been sufficiently mitigated that it is safe and in the child's best interests to return home; or |
|---|
| 978 | | - | 30.8 (ii) continue the matter up to a total of six additional months. If the child has not returned |
|---|
| 979 | | - | 30.9home by the end of the additional six months, the court must conduct a hearing according |
|---|
| 980 | | - | 30.10to sections 260C.503 to 260C.521. |
|---|
| 981 | | - | 30.11 (2) If the court determines that the parent or guardian is not complying, is not making |
|---|
| 982 | | - | 30.12progress with or engaging with services in the out-of-home placement plan, or is not |
|---|
| 983 | | - | 30.13maintaining regular contact with the child as outlined in the visitation plan required as part |
|---|
| 984 | | - | 30.14of the out-of-home placement plan under section 260C.212, the court may order the |
|---|
| 985 | | - | 30.15responsible social services agency: |
|---|
| 986 | | - | 30.16 (i) to develop a plan for legally permanent placement of the child away from the parent; |
|---|
| 987 | | - | 30.17 (ii) to consider, identify, recruit, and support one or more permanency resources from |
|---|
| 988 | | - | 30.18the child's relatives and foster parent, consistent with clause (3) and section 260C.212, |
|---|
| 989 | | - | 30.19subdivision 2, paragraph (a), to be the legally permanent home in the event the child cannot |
|---|
| 990 | | - | 30.20be returned to the parent. Any relative or the child's foster parent may ask the court to order |
|---|
| 991 | | - | 30.21the agency to consider them for permanent placement of the child in the event the child |
|---|
| 992 | | - | 30.22cannot be returned to the parent. A relative or foster parent who wants to be considered |
|---|
| 993 | | - | 30.23under this item shall cooperate with the background study required under section 245C.08, |
|---|
| 994 | | - | 30.24if the individual has not already done so, and with the home study process required under |
|---|
| 995 | | - | 30.25chapter 142B for providing child foster care and for adoption under section 259.41. The |
|---|
| 996 | | - | 30.26home study referred to in this item shall be a single-home study in the form required by the |
|---|
| 997 | | - | 30.27commissioner of children, youth, and families or similar study required by the individual's |
|---|
| 998 | | - | 30.28state of residence when the subject of the study is not a resident of Minnesota. The court |
|---|
| 999 | | - | 30.29may order the responsible social services agency to make a referral under the Interstate |
|---|
| 1000 | | - | 30.30Compact on the Placement of Children when necessary to obtain a home study for an |
|---|
| 1001 | | - | 30.31individual who wants to be considered for transfer of permanent legal and physical custody |
|---|
| 1002 | | - | 30.32or adoption of the child; and |
|---|
| 1003 | | - | 30.33 (iii) to file a petition to support an order for the legally permanent placement plan. |
|---|
| 1004 | | - | 30Article 2 Sec. 23. |
|---|
| 1005 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 31.1 (3) Consistent with section 260C.223, subdivision 2, paragraph (b), the responsible social |
|---|
| 1006 | | - | 31.2services agency must not define a foster family as the permanent home for a child until: |
|---|
| 1007 | | - | 31.3 (i) inquiry and Tribal notice requirements under section 260.761, subdivisions 1 and 2, |
|---|
| 1008 | | - | 31.4are satisfied; |
|---|
| 1009 | | - | 31.5 (ii) inquiry about the child's heritage, including their race, culture, and ethnicity pursuant |
|---|
| 1010 | | - | 31.6to section 260.63, subdivision 10, has been completed; and |
|---|
| 1011 | | - | 31.7 (iii) the court has determined that reasonable or active efforts toward completing the |
|---|
| 1012 | | - | 31.8relative search requirements in section 260C.221 have been made. |
|---|
| 1013 | | - | 31.9 (e) Following the review under this section: |
|---|
| 1014 | | - | 31.10 (1) if the court has either returned the child home or continued the matter up to a total |
|---|
| 1015 | | - | 31.11of six additional months, the agency shall continue to provide services to support the child's |
|---|
| 1016 | | - | 31.12return home or to make reasonable efforts to achieve reunification of the child and the parent |
|---|
| 1017 | | - | 31.13as ordered by the court under an approved case plan; |
|---|
| 1018 | | - | 31.14 (2) if the court orders the agency to develop a plan for the transfer of permanent legal |
|---|
| 1019 | | - | 31.15and physical custody of the child to a relative, a petition supporting the plan shall be filed |
|---|
| 1020 | | - | 31.16in juvenile court within 30 days of the hearing required under this section and a trial on the |
|---|
| 1021 | | - | 31.17petition held within 60 days of the filing of the pleadings; or |
|---|
| 1022 | | - | 31.18 (3) if the court orders the agency to file a termination of parental rights, unless the county |
|---|
| 1023 | | - | 31.19attorney can show cause why a termination of parental rights petition should not be filed, |
|---|
| 1024 | | - | 31.20a petition for termination of parental rights shall be filed in juvenile court within 30 days |
|---|
| 1025 | | - | 31.21of the hearing required under this section and a trial on the petition held within 60 days of |
|---|
| 1026 | | - | 31.22the filing of the petition. |
|---|
| 1027 | | - | 31.23Sec. 24. Minnesota Statutes 2024, section 260C.212, subdivision 1, is amended to read: |
|---|
| 1028 | | - | 31.24 Subdivision 1.Out-of-home placement; plan.(a) An out-of-home placement plan shall |
|---|
| 1029 | | - | 31.25be prepared within 30 days after any child is placed in foster care by court order or a |
|---|
| 1030 | | - | 31.26voluntary placement agreement between the responsible social services agency and the |
|---|
| 1031 | | - | 31.27child's parent pursuant to section 260C.227 or chapter 260D. |
|---|
| 1032 | | - | 31.28 (b) (a) An out-of-home placement plan means a written document individualized to the |
|---|
| 1033 | | - | 31.29needs of the child and the child's parents or guardians that is prepared by the responsible |
|---|
| 1034 | | - | 31.30social services agency using a form developed by the commissioner. The plan must be |
|---|
| 1035 | | - | 31.31completed jointly with the child's parents or guardians and in consultation with the child's |
|---|
| 1036 | | - | 31.32guardian ad litem; the child's tribe, if the child is an Indian child; the child's foster parent |
|---|
| 1037 | | - | 31Article 2 Sec. 24. |
|---|
| 1038 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 32.1or representative of the foster care facility; and, when appropriate, the child. When a child |
|---|
| 1039 | | - | 32.2is age 14 or older, the child may include two other individuals on the team preparing the |
|---|
| 1040 | | - | 32.3child's out-of-home placement plan. The child may select one member of the case planning |
|---|
| 1041 | | - | 32.4team to be designated as the child's advisor and to advocate with respect to the application |
|---|
| 1042 | | - | 32.5of the reasonable and prudent parenting standards. The responsible social services agency |
|---|
| 1043 | | - | 32.6may reject an individual selected by the child if the agency has good cause to believe that |
|---|
| 1044 | | - | 32.7the individual would not act in the best interest of the child. For a child in voluntary foster |
|---|
| 1045 | | - | 32.8care for treatment under chapter 260D, preparation of the out-of-home placement plan shall |
|---|
| 1046 | | - | 32.9additionally include the child's mental health treatment provider. For a child 18 years of |
|---|
| 1047 | | - | 32.10age or older, the responsible social services agency shall involve the child and the child's |
|---|
| 1048 | | - | 32.11parents as appropriate. As appropriate, the plan shall be: |
|---|
| 1049 | | - | 32.12 (1) submitted to the court for approval under section 260C.178, subdivision 7; |
|---|
| 1050 | | - | 32.13 (2) ordered by the court, either as presented or modified after hearing, under section |
|---|
| 1051 | | - | 32.14260C.178, subdivision 7, or 260C.201, subdivision 6; and |
|---|
| 1052 | | - | 32.15 (3) signed by the parent or parents or guardian of the child, the child's guardian ad litem, |
|---|
| 1053 | | - | 32.16a representative of the child's tribe, the responsible social services agency, and, if possible, |
|---|
| 1054 | | - | 32.17the child. |
|---|
| 1055 | | - | 32.18 (b) Before an out-of-home placement plan is signed by the parent or parents or guardian |
|---|
| 1056 | | - | 32.19of the child, the responsible social services agency must provide the parent or parents or |
|---|
| 1057 | | - | 32.20guardian with a one- to two-page summary of the plan using a form developed by the |
|---|
| 1058 | | - | 32.21commissioner. The out-of-home placement plan summary must clearly summarize the plan's |
|---|
| 1059 | | - | 32.22contents under paragraph (d) and list the requirements and responsibilities for the parent or |
|---|
| 1060 | | - | 32.23parents or guardian using plain language. The summary must be updated and provided to |
|---|
| 1061 | | - | 32.24the parent or parents or guardian when the out-of-home placement plan is updated under |
|---|
| 1062 | | - | 32.25subdivision 1a. |
|---|
| 1063 | | - | 32.26 (c) An out-of-home placement plan summary shall be prepared within 30 days after any |
|---|
| 1064 | | - | 32.27child is placed in foster care by court order or voluntary placement agreement between the |
|---|
| 1065 | | - | 32.28responsible social services agency and the child's parent pursuant to section 260C.227 or |
|---|
| 1066 | | - | 32.29chapter 260D. An out-of-home placement plan shall be prepared within 60 days after any |
|---|
| 1067 | | - | 32.30child is placed in foster care by court order or a voluntary placement agreement between |
|---|
| 1068 | | - | 32.31the responsible social services agency and the child's parent pursuant to section 260C.227 |
|---|
| 1069 | | - | 32.32or chapter 260D. |
|---|
| 1070 | | - | 32Article 2 Sec. 24. |
|---|
| 1071 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 33.1 (c) (d) The out-of-home placement plan shall be explained by the responsible social |
|---|
| 1072 | | - | 33.2services agency to all persons involved in the plan's implementation, including the child |
|---|
| 1073 | | - | 33.3who has signed the plan, and shall set forth: |
|---|
| 1074 | | - | 33.4 (1) a description of the foster care home or facility selected, including how the |
|---|
| 1075 | | - | 33.5out-of-home placement plan is designed to achieve a safe placement for the child in the |
|---|
| 1076 | | - | 33.6least restrictive, most family-like setting available that is in close proximity to the home of |
|---|
| 1077 | | - | 33.7the child's parents or guardians when the case plan goal is reunification; and how the |
|---|
| 1078 | | - | 33.8placement is consistent with the best interests and special needs of the child according to |
|---|
| 1079 | | - | 33.9the factors under subdivision 2, paragraph (b); |
|---|
| 1080 | | - | 33.10 (2) a description of the services offered and provided to prevent removal of the child |
|---|
| 1081 | | - | 33.11from the home; |
|---|
| 1082 | | - | 33.12 (2) (3) the specific reasons for the placement of the child in foster care, and when |
|---|
| 1083 | | - | 33.13reunification is the plan, a description of the problems or conditions in the home of the |
|---|
| 1084 | | - | 33.14parent or parents that necessitated removal of the child from home and the services offered |
|---|
| 1085 | | - | 33.15and provided to support the changes the parent or parents must make for the child to safely |
|---|
| 1086 | | - | 33.16return home; |
|---|
| 1087 | | - | 33.17 (3) a description of the services offered and provided to prevent removal of the child |
|---|
| 1088 | | - | 33.18from the home and to reunify the family including: |
|---|
| 1089 | | - | 33.19 (i) the specific actions to be taken by the parent or parents of the child to eliminate or |
|---|
| 1090 | | - | 33.20correct the problems or conditions identified in clause (2), and the time period during which |
|---|
| 1091 | | - | 33.21the actions are to be taken; and |
|---|
| 1092 | | - | 33.22 (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to |
|---|
| 1093 | | - | 33.23achieve a safe and stable home for the child including social and other supportive services |
|---|
| 1094 | | - | 33.24to be provided or offered to the parent or parents or guardian of the child, the child, and the |
|---|
| 1095 | | - | 33.25residential facility during the period the child is in the residential facility; |
|---|
| 1096 | | - | 33.26 (4) a description of any services or resources that were requested by the child or the |
|---|
| 1097 | | - | 33.27child's parent, guardian, foster parent, or custodian since the date of the child's placement |
|---|
| 1098 | | - | 33.28in the residential facility, and whether those services or resources were provided and if not, |
|---|
| 1099 | | - | 33.29the basis for the denial of the services or resources; |
|---|
| 1100 | | - | 33.30 (5) the visitation plan for the parent or parents or guardian, other relatives as defined in |
|---|
| 1101 | | - | 33.31section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not |
|---|
| 1102 | | - | 33.32placed together in foster care, and whether visitation is consistent with the best interest of |
|---|
| 1103 | | - | 33.33the child, during the period the child is in foster care; |
|---|
| 1104 | | - | 33Article 2 Sec. 24. |
|---|
| 1105 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 34.1 (6) when a child cannot return to or be in the care of either parent, documentation of |
|---|
| 1106 | | - | 34.2steps to finalize permanency through either: |
|---|
| 1107 | | - | 34.3 (i) adoption as the permanency plan for the child through reasonable efforts to place the |
|---|
| 1108 | | - | 34.4child for adoption pursuant to section 260C.605. At a minimum, the documentation must |
|---|
| 1109 | | - | 34.5include consideration of whether adoption is in the best interests of the child and |
|---|
| 1110 | | - | 34.6child-specific recruitment efforts such as a relative search, consideration of relatives for |
|---|
| 1111 | | - | 34.7adoptive placement, and the use of state, regional, and national adoption exchanges to |
|---|
| 1112 | | - | 34.8facilitate orderly and timely placements in and outside of the state. A copy of this |
|---|
| 1113 | | - | 34.9documentation shall be provided to the court in the review required under section 260C.317, |
|---|
| 1114 | | - | 34.10subdivision 3, paragraph (b); or |
|---|
| 1115 | | - | 34.11 (7) when a child cannot return to or be in the care of either parent, documentation of |
|---|
| 1116 | | - | 34.12steps to finalize (ii) the transfer of permanent legal and physical custody to a relative as the |
|---|
| 1117 | | - | 34.13permanency plan for the child. This documentation must support the requirements of the |
|---|
| 1118 | | - | 34.14kinship placement agreement under section 142A.605 and must include the reasonable |
|---|
| 1119 | | - | 34.15efforts used to determine that it is not appropriate for the child to return home or be adopted, |
|---|
| 1120 | | - | 34.16and reasons why permanent placement with a relative through a Northstar kinship assistance |
|---|
| 1121 | | - | 34.17arrangement is in the child's best interest; how the child meets the eligibility requirements |
|---|
| 1122 | | - | 34.18for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's |
|---|
| 1123 | | - | 34.19relative foster parent and reasons why the relative foster parent chose not to pursue adoption, |
|---|
| 1124 | | - | 34.20if applicable; and agency efforts to discuss with the child's parent or parents the permanent |
|---|
| 1125 | | - | 34.21transfer of permanent legal and physical custody or the reasons why these efforts were not |
|---|
| 1126 | | - | 34.22made; |
|---|
| 1127 | | - | 34.23 (8) (7) efforts to ensure the child's educational stability while in foster care for a child |
|---|
| 1128 | | - | 34.24who attained the minimum age for compulsory school attendance under state law and is |
|---|
| 1129 | | - | 34.25enrolled full time in elementary or secondary school, or instructed in elementary or secondary |
|---|
| 1130 | | - | 34.26education at home, or instructed in an independent study elementary or secondary program, |
|---|
| 1131 | | - | 34.27or incapable of attending school on a full-time basis due to a medical condition that is |
|---|
| 1132 | | - | 34.28documented and supported by regularly updated information in the child's case plan. |
|---|
| 1133 | | - | 34.29Educational stability efforts include: |
|---|
| 1134 | | - | 34.30 (i) efforts to ensure that the child remains in the same school in which the child was |
|---|
| 1135 | | - | 34.31enrolled prior to placement or upon the child's move from one placement to another, including |
|---|
| 1136 | | - | 34.32efforts to work with the local education authorities to ensure the child's educational stability |
|---|
| 1137 | | - | 34.33and attendance; or |
|---|
| 1138 | | - | 34Article 2 Sec. 24. |
|---|
| 1139 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 35.1 (ii) if it is not in the child's best interest to remain in the same school that the child was |
|---|
| 1140 | | - | 35.2enrolled in prior to placement or move from one placement to another, efforts to ensure |
|---|
| 1141 | | - | 35.3immediate and appropriate enrollment for the child in a new school; |
|---|
| 1142 | | - | 35.4 (9) (8) the educational records of the child including the most recent information available |
|---|
| 1143 | | - | 35.5regarding: |
|---|
| 1144 | | - | 35.6 (i) the names and addresses of the child's educational providers; |
|---|
| 1145 | | - | 35.7 (ii) the child's grade level performance; |
|---|
| 1146 | | - | 35.8 (iii) the child's school record; |
|---|
| 1147 | | - | 35.9 (iv) a statement about how the child's placement in foster care takes into account |
|---|
| 1148 | | - | 35.10proximity to the school in which the child is enrolled at the time of placement; and |
|---|
| 1149 | | - | 35.11 (v) any other relevant educational information; |
|---|
| 1150 | | - | 35.12 (10) (9) the efforts by the responsible social services agency to ensure support the child's |
|---|
| 1151 | | - | 35.13well-being by ensuring the oversight and continuity of health care services for the foster |
|---|
| 1152 | | - | 35.14child and documenting their health record, including: |
|---|
| 1153 | | - | 35.15 (i) the plan to schedule the child's initial health screens; |
|---|
| 1154 | | - | 35.16 (ii) how the child's known medical problems and identified needs from the screens, |
|---|
| 1155 | | - | 35.17including any known communicable diseases, as defined in section 144.4172, subdivision |
|---|
| 1156 | | - | 35.182, shall be monitored and treated while the child is in foster care; |
|---|
| 1157 | | - | 35.19 (iii) how the child's medical information shall be updated and shared, including the |
|---|
| 1158 | | - | 35.20child's immunizations; |
|---|
| 1159 | | - | 35.21 (iv) who is responsible to coordinate and respond to the child's health care needs, |
|---|
| 1160 | | - | 35.22including the role of the parent, the agency, and the foster parent; |
|---|
| 1161 | | - | 35.23 (v) who is responsible for oversight of the child's prescription medications; |
|---|
| 1162 | | - | 35.24 (vi) how physicians or other appropriate medical and nonmedical professionals shall be |
|---|
| 1163 | | - | 35.25consulted and involved in assessing the health and well-being of the child and determine |
|---|
| 1164 | | - | 35.26the appropriate medical treatment for the child; and |
|---|
| 1165 | | - | 35.27 (vii) the responsibility to ensure that the child has access to medical care through either |
|---|
| 1166 | | - | 35.28medical insurance or medical assistance; and |
|---|
| 1167 | | - | 35.29 (11) the health records of the child including (viii) information available regarding: |
|---|
| 1168 | | - | 35.30 (i) (A) the names and addresses of the child's health care and dental care providers; |
|---|
| 1169 | | - | 35Article 2 Sec. 24. |
|---|
| 1170 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 36.1 (ii) (B) a record of the child's immunizations; |
|---|
| 1171 | | - | 36.2 (iii) (C) the child's known medical problems, including any known communicable |
|---|
| 1172 | | - | 36.3diseases as defined in section 144.4172, subdivision 2; |
|---|
| 1173 | | - | 36.4 (iv) (D) the child's medications; and |
|---|
| 1174 | | - | 36.5 (v) (E) any other relevant health care information such as the child's eligibility for medical |
|---|
| 1175 | | - | 36.6insurance or medical assistance; |
|---|
| 1176 | | - | 36.7 (12) (10) an independent living plan for a child 14 years of age or older, developed in |
|---|
| 1177 | | - | 36.8consultation with the child. The child may select one member of the case planning team to |
|---|
| 1178 | | - | 36.9be designated as the child's advisor and to advocate with respect to the application of the |
|---|
| 1179 | | - | 36.10reasonable and prudent parenting standards in subdivision 14. The plan should include, but |
|---|
| 1180 | | - | 36.11not be limited to, the following objectives: |
|---|
| 1181 | | - | 36.12 (i) educational, vocational, or employment planning; |
|---|
| 1182 | | - | 36.13 (ii) health care planning and medical coverage; |
|---|
| 1183 | | - | 36.14 (iii) transportation including, where appropriate, assisting the child in obtaining a driver's |
|---|
| 1184 | | - | 36.15license; |
|---|
| 1185 | | - | 36.16 (iv) money management, including the responsibility of the responsible social services |
|---|
| 1186 | | - | 36.17agency to ensure that the child annually receives, at no cost to the child, a consumer report |
|---|
| 1187 | | - | 36.18as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies |
|---|
| 1188 | | - | 36.19in the report; |
|---|
| 1189 | | - | 36.20 (v) planning for housing; |
|---|
| 1190 | | - | 36.21 (vi) social and recreational skills; |
|---|
| 1191 | | - | 36.22 (vii) establishing and maintaining connections with the child's family and community; |
|---|
| 1192 | | - | 36.23and |
|---|
| 1193 | | - | 36.24 (viii) regular opportunities to engage in age-appropriate or developmentally appropriate |
|---|
| 1194 | | - | 36.25activities typical for the child's age group, taking into consideration the capacities of the |
|---|
| 1195 | | - | 36.26individual child; |
|---|
| 1196 | | - | 36.27 (13) (11) for a child in voluntary foster care for treatment under chapter 260D, diagnostic |
|---|
| 1197 | | - | 36.28and assessment information, specific services relating to meeting the mental health care |
|---|
| 1198 | | - | 36.29needs of the child, and treatment outcomes; |
|---|
| 1199 | | - | 36.30 (14) (12) for a child 14 years of age or older, a signed acknowledgment that describes |
|---|
| 1200 | | - | 36.31the child's rights regarding education, health care, visitation, safety and protection from |
|---|
| 1201 | | - | 36Article 2 Sec. 24. |
|---|
| 1202 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 37.1exploitation, and court participation; receipt of the documents identified in section 260C.452; |
|---|
| 1203 | | - | 37.2and receipt of an annual credit report. The acknowledgment shall state that the rights were |
|---|
| 1204 | | - | 37.3explained in an age-appropriate manner to the child; and |
|---|
| 1205 | | - | 37.4 (15) (13) for a child placed in a qualified residential treatment program, the plan must |
|---|
| 1206 | | - | 37.5include the requirements in section 260C.708. |
|---|
| 1207 | | - | 37.6 (d) (e) The parent or parents or guardian and the child each shall have the right to legal |
|---|
| 1208 | | - | 37.7counsel in the preparation of the case plan and shall be informed of the right at the time of |
|---|
| 1209 | | - | 37.8placement of the child. The child shall also have the right to a guardian ad litem. If unable |
|---|
| 1210 | | - | 37.9to employ counsel from their own resources, the court shall appoint counsel upon the request |
|---|
| 1211 | | - | 37.10of the parent or parents or the child or the child's legal guardian. The parent or parents may |
|---|
| 1212 | | - | 37.11also receive assistance from any person or social services agency in preparation of the case |
|---|
| 1213 | | - | 37.12plan. |
|---|
| 1214 | | - | 37.13 (e) Before an out-of-home placement plan is signed by the parent or parents or guardian |
|---|
| 1215 | | - | 37.14of the child, the responsible social services agency must provide the parent or parents or |
|---|
| 1216 | | - | 37.15guardian with a one- to two-page summary of the plan using a form developed by the |
|---|
| 1217 | | - | 37.16commissioner. The out-of-home placement plan summary must clearly summarize the plan's |
|---|
| 1218 | | - | 37.17contents under paragraph (c) and list the requirements and responsibilities for the parent or |
|---|
| 1219 | | - | 37.18parents or guardian using plain language. The summary must be updated and provided to |
|---|
| 1220 | | - | 37.19the parent or parents or guardian when the out-of-home placement plan is updated under |
|---|
| 1221 | | - | 37.20subdivision 1a. |
|---|
| 1222 | | - | 37.21 (f) After the plan has been agreed upon by the parties involved or approved or ordered |
|---|
| 1223 | | - | 37.22by the court, the foster parents shall be fully informed of the provisions of the case plan and |
|---|
| 1224 | | - | 37.23shall be provided a copy of the plan. |
|---|
| 1225 | | - | 37.24 (g) Upon the child's discharge from foster care, the responsible social services agency |
|---|
| 1226 | | - | 37.25must provide the child's parent, adoptive parent, or permanent legal and physical custodian, |
|---|
| 1227 | | - | 37.26and the child, if the child is 14 years of age or older, with a current copy of the child's health |
|---|
| 1228 | | - | 37.27and education record. If a child meets the conditions in subdivision 15, paragraph (b), the |
|---|
| 1229 | | - | 37.28agency must also provide the child with the child's social and medical history. The responsible |
|---|
| 1230 | | - | 37.29social services agency may give a copy of the child's health and education record and social |
|---|
| 1231 | | - | 37.30and medical history to a child who is younger than 14 years of age, if it is appropriate and |
|---|
| 1232 | | - | 37.31if subdivision 15, paragraph (b), applies. |
|---|
| 1233 | | - | 37Article 2 Sec. 24. |
|---|
| 1234 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 38.1 Sec. 25. Minnesota Statutes 2024, section 260C.212, subdivision 1a, is amended to read: |
|---|
| 1235 | | - | 38.2 Subd. 1a.Out-of-home placement plan update.(a) Within 30 days of placing the child |
|---|
| 1236 | | - | 38.3in foster care, the agency must complete the child's out-of-home placement plan summary |
|---|
| 1237 | | - | 38.4and file it with the court. Within 60 days of placing the child in foster care, the agency must |
|---|
| 1238 | | - | 38.5file the child's initial out-of-home placement plan with the court. After filing the child's |
|---|
| 1239 | | - | 38.6initial out-of-home placement plan, the agency shall update and file the child's out-of-home |
|---|
| 1240 | | - | 38.7placement plan with the court as follows: |
|---|
| 1241 | | - | 38.8 (1) when the agency moves a child to a different foster care setting, the agency shall |
|---|
| 1242 | | - | 38.9inform the court within 30 days of the child's placement change or court-ordered trial home |
|---|
| 1243 | | - | 38.10visit. The agency must file the child's updated out-of-home placement plan summary and |
|---|
| 1244 | | - | 38.11out-of-home placement plan with the court at the next required review hearing; |
|---|
| 1245 | | - | 38.12 (2) when the agency places a child in a qualified residential treatment program as defined |
|---|
| 1246 | | - | 38.13in section 260C.007, subdivision 26d, or moves a child from one qualified residential |
|---|
| 1247 | | - | 38.14treatment program to a different qualified residential treatment program, the agency must |
|---|
| 1248 | | - | 38.15update the child's out-of-home placement plan within 60 days. To meet the requirements |
|---|
| 1249 | | - | 38.16of section 260C.708, the agency must file the child's out-of-home placement plan along |
|---|
| 1250 | | - | 38.17with the agency's report seeking the court's approval of the child's placement at a qualified |
|---|
| 1251 | | - | 38.18residential treatment program under section 260C.71. After the court issues an order, the |
|---|
| 1252 | | - | 38.19agency must update the child's out-of-home placement plan to document the court's approval |
|---|
| 1253 | | - | 38.20or disapproval of the child's placement in a qualified residential treatment program; |
|---|
| 1254 | | - | 38.21 (3) when the agency places a child with the child's parent in a licensed residential |
|---|
| 1255 | | - | 38.22family-based substance use disorder treatment program under section 260C.190, the agency |
|---|
| 1256 | | - | 38.23must identify the treatment program where the child will be placed in the child's out-of-home |
|---|
| 1257 | | - | 38.24placement plan prior to the child's placement. The agency must file the child's out-of-home |
|---|
| 1258 | | - | 38.25placement plan summary and out-of-home placement plan with the court at the next required |
|---|
| 1259 | | - | 38.26review hearing; and |
|---|
| 1260 | | - | 38.27 (4) under sections 260C.227 and 260C.521, the agency must update the child's |
|---|
| 1261 | | - | 38.28out-of-home placement plan summary and out-of-home placement plan and file the child's |
|---|
| 1262 | | - | 38.29out-of-home placement plan with the court. |
|---|
| 1263 | | - | 38.30 (b) When none of the items in paragraph (a) apply, the agency must update the child's |
|---|
| 1264 | | - | 38.31out-of-home placement plan summary and out-of-home placement plan no later than 180 |
|---|
| 1265 | | - | 38.32days after the child's initial placement and every six months thereafter, consistent with |
|---|
| 1266 | | - | 38.33section 260C.203, paragraph (a). |
|---|
| 1267 | | - | 38Article 2 Sec. 25. |
|---|
| 1268 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 39.1 Sec. 26. Minnesota Statutes 2024, section 260C.221, subdivision 2, is amended to read: |
|---|
| 1269 | | - | 39.2 Subd. 2.Relative notice requirements.(a) The agency may provide oral or written |
|---|
| 1270 | | - | 39.3notice to a child's relatives. In the child's case record, the agency must document providing |
|---|
| 1271 | | - | 39.4the required notice to each of the child's relatives. The responsible social services agency |
|---|
| 1272 | | - | 39.5must notify relatives: |
|---|
| 1273 | | - | 39.6 (1) of the need for a foster home for the child, the option to become a placement resource |
|---|
| 1274 | | - | 39.7for the child, the order of placement that the agency will consider under section 260C.212, |
|---|
| 1275 | | - | 39.8subdivision 2, paragraph (a), and the possibility of the need for a permanent placement for |
|---|
| 1276 | | - | 39.9the child; |
|---|
| 1277 | | - | 39.10 (2) of their responsibility to keep the responsible social services agency and the court |
|---|
| 1278 | | - | 39.11informed of their current address in order to receive notice in the event that a permanent |
|---|
| 1279 | | - | 39.12placement is sought for the child and to receive notice of the permanency progress review |
|---|
| 1280 | | - | 39.13hearing under section 260C.204. A relative who fails to provide a current address to the |
|---|
| 1281 | | - | 39.14responsible social services agency and the court forfeits the right to receive notice of the |
|---|
| 1282 | | - | 39.15possibility of permanent placement and of the permanency progress review hearing under |
|---|
| 1283 | | - | 39.16section 260C.204, until the relative provides a current address to the responsible social |
|---|
| 1284 | | - | 39.17services agency and the court. A decision by a relative not to be identified as a potential |
|---|
| 1285 | | - | 39.18permanent placement resource or participate in planning for the child shall not affect whether |
|---|
| 1286 | | - | 39.19the relative is considered for placement of, or as a permanency resource for, the child with |
|---|
| 1287 | | - | 39.20that relative at any time in the case, and shall not be the sole basis for the court to rule out |
|---|
| 1288 | | - | 39.21the relative as the child's placement or permanency resource; |
|---|
| 1289 | | - | 39.22 (3) that the relative may participate in the care and planning for the child, as specified |
|---|
| 1290 | | - | 39.23in subdivision 3, including that the opportunity for such participation may be lost by failing |
|---|
| 1291 | | - | 39.24to respond to the notice sent under this subdivision; |
|---|
| 1292 | | - | 39.25 (4) of the family foster care licensing and adoption home study requirements and supports, |
|---|
| 1293 | | - | 39.26including how to complete an application and how to request a variance from licensing |
|---|
| 1294 | | - | 39.27standards that do not present a safety or health risk to the child in the home under section |
|---|
| 1295 | | - | 39.28142B.10 and supports that are available for relatives and children who reside in a family |
|---|
| 1296 | | - | 39.29foster home;: |
|---|
| 1297 | | - | 39.30 (i) the choice between county or private agency licensing and services under section |
|---|
| 1298 | | - | 39.31142B.05, subdivision 3; |
|---|
| 1299 | | - | 39.32 (ii) how to complete an application; |
|---|
| 1300 | | - | 39Article 2 Sec. 26. |
|---|
| 1301 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 40.1 (iii) how to request a variance from licensing standards that do not present a safety or |
|---|
| 1302 | | - | 40.2health risk to the child in the home under section 142B.10; and |
|---|
| 1303 | | - | 40.3 (iv) supports that are available for relatives and children who reside in a family foster |
|---|
| 1304 | | - | 40.4home, including but not limited to ways to include resource or substitute caregivers in the |
|---|
| 1305 | | - | 40.5child's case plan, strategies for leveraging the child and family's natural supports, and how |
|---|
| 1306 | | - | 40.6to access legal services and support and respite care; |
|---|
| 1307 | | - | 40.7 (5) of the relatives' right to ask to be notified of any court proceedings regarding the |
|---|
| 1308 | | - | 40.8child, to attend the hearings, and of a relative's right to be heard by the court as required |
|---|
| 1309 | | - | 40.9under section 260C.152, subdivision 5; |
|---|
| 1310 | | - | 40.10 (6) that regardless of the relative's response to the notice sent under this subdivision, the |
|---|
| 1311 | | - | 40.11agency is required to establish permanency for a child, including planning for alternative |
|---|
| 1312 | | - | 40.12permanency options if the agency's reunification efforts fail or are not required; and |
|---|
| 1313 | | - | 40.13 (7) that by responding to the notice, a relative may receive information about participating |
|---|
| 1314 | | - | 40.14in a child's family and permanency team if the child is placed in a qualified residential |
|---|
| 1315 | | - | 40.15treatment program as defined in section 260C.007, subdivision 26d. |
|---|
| 1316 | | - | 40.16 (b) The responsible social services agency shall send the notice required under paragraph |
|---|
| 1317 | | - | 40.17(a) to relatives who become known to the responsible social services agency, except for |
|---|
| 1318 | | - | 40.18relatives that the agency does not contact due to safety reasons under subdivision 5, paragraph |
|---|
| 1319 | | - | 40.19(b). The responsible social services agency shall continue to send notice to relatives |
|---|
| 1320 | | - | 40.20notwithstanding a court's finding that the agency has made reasonable efforts to conduct a |
|---|
| 1321 | | - | 40.21relative search. |
|---|
| 1322 | | - | 40.22 (c) The responsible social services agency is not required to send the notice under |
|---|
| 1323 | | - | 40.23paragraph (a) to a relative who becomes known to the agency after an adoption placement |
|---|
| 1324 | | - | 40.24agreement has been fully executed under section 260C.613, subdivision 1. If the relative |
|---|
| 1325 | | - | 40.25wishes to be considered for adoptive placement of the child, the agency shall inform the |
|---|
| 1326 | | - | 40.26relative of the relative's ability to file a motion for an order for adoptive placement under |
|---|
| 1327 | | - | 40.27section 260C.607, subdivision 6. |
|---|
| 1328 | | - | 40.28Sec. 27. Minnesota Statutes 2024, section 260C.223, subdivision 1, is amended to read: |
|---|
| 1329 | | - | 40.29 Subdivision 1.Program; goals.(a) The commissioner of children, youth, and families |
|---|
| 1330 | | - | 40.30shall establish a program for concurrent permanency planning for child protection services. |
|---|
| 1331 | | - | 40.31 (b) Concurrent permanency planning involves a planning process for children who are |
|---|
| 1332 | | - | 40.32placed out of the home of their parents pursuant to a court order, or who have been voluntarily |
|---|
| 1333 | | - | 40.33placed out of the home by the parents for 60 days or more and who are not developmentally |
|---|
| 1334 | | - | 40Article 2 Sec. 27. |
|---|
| 1335 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 41.1disabled or emotionally disabled under section 260C.212, subdivision 9. The responsible |
|---|
| 1336 | | - | 41.2social services agency shall develop an alternative permanency plan while making reasonable |
|---|
| 1337 | | - | 41.3efforts for reunification of the child with the family, if required by section 260.012. The |
|---|
| 1338 | | - | 41.4goals of concurrent permanency planning are to: |
|---|
| 1339 | | - | 41.5 (1) achieve early permanency for children; |
|---|
| 1340 | | - | 41.6 (2) decrease children's length of stay in foster care and reduce the number of moves |
|---|
| 1341 | | - | 41.7children experience in foster care; and |
|---|
| 1342 | | - | 41.8 (3) develop a group of families establish a foster parent for a child who will work towards |
|---|
| 1343 | | - | 41.9toward reunification and also serve as a permanent families family for children. |
|---|
| 1344 | | - | 41.10Sec. 28. Minnesota Statutes 2024, section 260C.223, subdivision 2, is amended to read: |
|---|
| 1345 | | - | 41.11 Subd. 2.Development of guidelines and protocols.(a) The commissioner shall establish |
|---|
| 1346 | | - | 41.12guidelines and protocols for social services agencies involved in concurrent permanency |
|---|
| 1347 | | - | 41.13planning, including criteria for conducting concurrent permanency planning based on relevant |
|---|
| 1348 | | - | 41.14factors such as: |
|---|
| 1349 | | - | 41.15 (1) age of the child and duration of out-of-home placement; |
|---|
| 1350 | | - | 41.16 (2) prognosis for successful reunification with parents; |
|---|
| 1351 | | - | 41.17 (3) availability of relatives and other concerned individuals to provide support or a |
|---|
| 1352 | | - | 41.18permanent placement for the child; and |
|---|
| 1353 | | - | 41.19 (4) special needs of the child and other factors affecting the child's best interests. |
|---|
| 1354 | | - | 41.20 (b) In developing the guidelines and protocols, the commissioner shall consult with |
|---|
| 1355 | | - | 41.21interest groups within the child protection system, including child protection workers, child |
|---|
| 1356 | | - | 41.22protection advocates, county attorneys, law enforcement, community service organizations, |
|---|
| 1357 | | - | 41.23the councils of color, and the ombudsperson for families. |
|---|
| 1358 | | - | 41.24 (c) The responsible social services agency must not make a foster family the permanent |
|---|
| 1359 | | - | 41.25home for a child until: |
|---|
| 1360 | | - | 41.26 (1) inquiry and Tribal notice requirements under section 260.761, subdivisions 1 and 2, |
|---|
| 1361 | | - | 41.27are satisfied; |
|---|
| 1362 | | - | 41.28 (2) inquiry about the child's heritage, including their race, culture, and ethnicity pursuant |
|---|
| 1363 | | - | 41.29to section 260.63, subdivision 10, has been completed; and |
|---|
| 1364 | | - | 41.30 (3) the court has determined that reasonable or active efforts toward completing the |
|---|
| 1365 | | - | 41.31relative search requirements in section 260C.221 have been made. |
|---|
| 1366 | | - | 41Article 2 Sec. 28. |
|---|
| 1367 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 42.1 Sec. 29. Minnesota Statutes 2024, section 260C.329, subdivision 3, is amended to read: |
|---|
| 1368 | | - | 42.2 Subd. 3.Petition.(a) The following individuals may file a petition for the reestablishment |
|---|
| 1369 | | - | 42.3of the legal parent and child relationship: |
|---|
| 1370 | | - | 42.4 (1) county attorney,; |
|---|
| 1371 | | - | 42.5 (2) a parent whose parental rights were terminated under a previous order of the court,; |
|---|
| 1372 | | - | 42.6 (3) a parent whose voluntary consent to adoption was accepted by the court and: |
|---|
| 1373 | | - | 42.7 (i) the identified prospective adoptive parent did not finalize the adoption; or |
|---|
| 1374 | | - | 42.8 (ii) the adoption finalized but subsequently dissolved and the child returned to foster |
|---|
| 1375 | | - | 42.9care and guardianship of the commissioner; |
|---|
| 1376 | | - | 42.10 (4) a child who is ten years of age or older,; |
|---|
| 1377 | | - | 42.11 (5) the responsible social services agency,; or |
|---|
| 1378 | | - | 42.12 (6) a guardian ad litem may file a petition for the reestablishment of the legal parent and |
|---|
| 1379 | | - | 42.13child relationship. |
|---|
| 1380 | | - | 42.14 (b) A parent filing a petition under this section shall pay a filing fee in the amount |
|---|
| 1381 | | - | 42.15required under section 357.021, subdivision 2, clause (1). The filing fee may be waived |
|---|
| 1382 | | - | 42.16pursuant to chapter 563. A petition for the reestablishment of the legal parent and child |
|---|
| 1383 | | - | 42.17relationship may be filed when: |
|---|
| 1384 | | - | 42.18 (1) the parent has corrected the conditions that led to an order terminating parental rights; |
|---|
| 1385 | | - | 42.19 (2) the parent is willing and has the capability to provide day-to-day care and maintain |
|---|
| 1386 | | - | 42.20the health, safety, and welfare of the child; |
|---|
| 1387 | | - | 42.21 (3) the child has been in foster care for at least 24 months after the court issued the order |
|---|
| 1388 | | - | 42.22terminating parental rights; |
|---|
| 1389 | | - | 42.23 (4) the child has is not been currently adopted; and |
|---|
| 1390 | | - | 42.24 (5) the child is not the subject of a written adoption placement agreement between the |
|---|
| 1391 | | - | 42.25responsible social services agency and the prospective adoptive parent, as required under |
|---|
| 1392 | | - | 42.26Minnesota Rules, part 9560.0060, subpart 2. |
|---|
| 1393 | | - | 42.27Sec. 30. Minnesota Statutes 2024, section 260C.329, subdivision 8, is amended to read: |
|---|
| 1394 | | - | 42.28 Subd. 8.Hearing.The court may grant the petition ordering the reestablishment of the |
|---|
| 1395 | | - | 42.29legal parent and child relationship only if it finds by clear and convincing evidence that: |
|---|
| 1396 | | - | 42.30 (1) reestablishment of the legal parent and child relationship is in the child's best interests; |
|---|
| 1397 | | - | 42Article 2 Sec. 30. |
|---|
| 1398 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 43.1 (2) the child has is not been currently adopted; |
|---|
| 1399 | | - | 43.2 (3) the child is not the subject of a written adoption placement agreement between the |
|---|
| 1400 | | - | 43.3responsible social services agency and the prospective adoptive parent, as required under |
|---|
| 1401 | | - | 43.4Minnesota Rules, part 9560.0060, subpart 2; |
|---|
| 1402 | | - | 43.5 (4) at least 24 months have elapsed following a final order terminating parental rights |
|---|
| 1403 | | - | 43.6and the child remains in foster care; |
|---|
| 1404 | | - | 43.7 (5) the child desires to reside with the parent; |
|---|
| 1405 | | - | 43.8 (6) the parent has corrected the conditions that led to an order terminating parental rights; |
|---|
| 1406 | | - | 43.9and |
|---|
| 1407 | | - | 43.10 (7) the parent is willing and has the capability to provide day-to-day care and maintain |
|---|
| 1408 | | - | 43.11the health, safety, and welfare of the child. |
|---|
| 1409 | | - | 43.12Sec. 31. Minnesota Statutes 2024, section 260C.451, subdivision 9, is amended to read: |
|---|
| 1410 | | - | 43.13 Subd. 9.Administrative or court review of placements.(a) The court shall must |
|---|
| 1411 | | - | 43.14conduct reviews at least annually to ensure the responsible social services agency is making |
|---|
| 1412 | | - | 43.15reasonable efforts to finalize the permanency plan for the child. |
|---|
| 1413 | | - | 43.16 (b) The responsible social services agency must file a written report with the court |
|---|
| 1414 | | - | 43.17containing or attaching the following: |
|---|
| 1415 | | - | 43.18 (1) the child's name, date of birth, race, gender, and current address; |
|---|
| 1416 | | - | 43.19 (2) a written summary describing planning with the child, including supports and services |
|---|
| 1417 | | - | 43.20to ensure the child's safety, housing stability, well-being needs, and independent living |
|---|
| 1418 | | - | 43.21skills; |
|---|
| 1419 | | - | 43.22 (3) the child's most recent out-of-home placement plan and independent living plan |
|---|
| 1420 | | - | 43.23required under section 260C.212, subdivision 1; |
|---|
| 1421 | | - | 43.24 (4) if the child's plan is to not continue in extended foster care or if the child will reach |
|---|
| 1422 | | - | 43.25age 21 before the next review, a copy of their 180-day transition plan as required in section |
|---|
| 1423 | | - | 43.26260C.452, subdivision 4; and |
|---|
| 1424 | | - | 43.27 (5) if the agency plans to transition the child into adult services, a summary of the |
|---|
| 1425 | | - | 43.28transition plan as required in section 260C.452, subdivision 4, and how this plan is in the |
|---|
| 1426 | | - | 43.29child's best interest. |
|---|
| 1427 | | - | 43Article 2 Sec. 31. |
|---|
| 1428 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 44.1 (b) (c) The court shall must find that the responsible social services agency is making |
|---|
| 1429 | | - | 44.2reasonable efforts to finalize the permanency plan for the child when the responsible social |
|---|
| 1430 | | - | 44.3services agency: |
|---|
| 1431 | | - | 44.4 (1) provides appropriate support to the child and caregiver or foster care provider parent |
|---|
| 1432 | | - | 44.5to ensure continuing stability and success in placement; |
|---|
| 1433 | | - | 44.6 (2) works with the child to plan for transition to adulthood and assists the child in |
|---|
| 1434 | | - | 44.7demonstrating progress in achieving related goals; |
|---|
| 1435 | | - | 44.8 (3) works with the child to plan for independent living skills and assists the child in |
|---|
| 1436 | | - | 44.9demonstrating progress in achieving independent living goals; and |
|---|
| 1437 | | - | 44.10 (4) prepares the child for independence according to sections 260C.203, paragraph (d), |
|---|
| 1438 | | - | 44.11and 260C.452, subdivision 4. |
|---|
| 1439 | | - | 44.12 (c) (d) The responsible social services agency must ensure that an administrative review |
|---|
| 1440 | | - | 44.13that meets the requirements of this section and section 260C.203 is completed at least six |
|---|
| 1441 | | - | 44.14months after each of the court's annual reviews. |
|---|
| 1442 | | - | 44.15Sec. 32. Minnesota Statutes 2024, section 260C.452, subdivision 4, is amended to read: |
|---|
| 1443 | | - | 44.16 Subd. 4.Administrative or court review of placements.(a) When the youth is 14 years |
|---|
| 1444 | | - | 44.17of age or older, the court, in consultation with the youth, shall review the youth's independent |
|---|
| 1445 | | - | 44.18living plan according to section 260C.203, paragraph (d). |
|---|
| 1446 | | - | 44.19 (b) The responsible social services agency shall file a copy of the notification of foster |
|---|
| 1447 | | - | 44.20care benefits for a youth who is 18 years of age or older according to section 260C.451, |
|---|
| 1448 | | - | 44.21subdivision 1, with the court. If the responsible social services agency does not file the |
|---|
| 1449 | | - | 44.22notice by the time the youth is 17-1/2 years of age, the court shall require the responsible |
|---|
| 1450 | | - | 44.23social services agency to file the notice. |
|---|
| 1451 | | - | 44.24 (c) When a youth is 18 years of age or older, the court shall ensure that the responsible |
|---|
| 1452 | | - | 44.25social services agency assists the youth in obtaining the following documents before the |
|---|
| 1453 | | - | 44.26youth leaves foster care: a Social Security card; an official or certified copy of the youth's |
|---|
| 1454 | | - | 44.27birth certificate; a state identification card or driver's license, Tribal enrollment identification |
|---|
| 1455 | | - | 44.28card, green permanent resident card, or school visa; health insurance information; the youth's |
|---|
| 1456 | | - | 44.29school, medical, and dental records; a contact list of the youth's medical, dental, and mental |
|---|
| 1457 | | - | 44.30health providers; and contact information for the youth's siblings, if the siblings are in foster |
|---|
| 1458 | | - | 44.31care. |
|---|
| 1459 | | - | 44Article 2 Sec. 32. |
|---|
| 1460 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 45.1 (d) For a youth who will be discharged from foster care at 18 years of age or older |
|---|
| 1461 | | - | 45.2because the youth is not eligible for extended foster care benefits or chooses to leave foster |
|---|
| 1462 | | - | 45.3care, the responsible social services agency must develop a personalized transition plan as |
|---|
| 1463 | | - | 45.4directed by the youth during the 180-day period immediately prior to the expected date of |
|---|
| 1464 | | - | 45.5discharge. The transition plan must be as detailed as the youth elects and include specific |
|---|
| 1465 | | - | 45.6options, including but not limited to: |
|---|
| 1466 | | - | 45.7 (1) affordable housing with necessary supports that does not include a homeless shelter; |
|---|
| 1467 | | - | 45.8 (2) health insurance, including eligibility for medical assistance as defined in section |
|---|
| 1468 | | - | 45.9256B.055, subdivision 17; |
|---|
| 1469 | | - | 45.10 (3) education, including application to the Education and Training Voucher Program; |
|---|
| 1470 | | - | 45.11 (4) local opportunities for mentors and continuing support services; |
|---|
| 1471 | | - | 45.12 (5) workforce supports and employment services; |
|---|
| 1472 | | - | 45.13 (6) a copy of the youth's consumer credit report as defined in section 13C.001 and |
|---|
| 1473 | | - | 45.14assistance in interpreting and resolving any inaccuracies in the report, at no cost to the youth; |
|---|
| 1474 | | - | 45.15 (7) information on executing a health care directive under chapter 145C and on the |
|---|
| 1475 | | - | 45.16importance of designating another individual to make health care decisions on behalf of the |
|---|
| 1476 | | - | 45.17youth if the youth becomes unable to participate in decisions; |
|---|
| 1477 | | - | 45.18 (8) appropriate contact information through 21 years of age if the youth needs information |
|---|
| 1478 | | - | 45.19or help dealing with a crisis situation; and |
|---|
| 1479 | | - | 45.20 (9) official documentation that the youth was previously in foster care. |
|---|
| 1480 | | - | 45.21Sec. 33. Minnesota Statutes 2024, section 260E.03, subdivision 15, is amended to read: |
|---|
| 1481 | | - | 45.22 Subd. 15.Neglect.(a) "Neglect" means the commission or omission of any of the acts |
|---|
| 1482 | | - | 45.23specified under clauses (1) to (8), other than by accidental means: |
|---|
| 1483 | | - | 45.24 (1) failure by a person responsible for a child's care to supply a child with necessary |
|---|
| 1484 | | - | 45.25food, clothing, shelter, health, medical, or other care required for the child's physical or |
|---|
| 1485 | | - | 45.26mental health when reasonably able to do so; |
|---|
| 1486 | | - | 45.27 (2) failure to protect a child from conditions or actions that seriously endanger the child's |
|---|
| 1487 | | - | 45.28physical or mental health when reasonably able to do so, including a growth delay, which |
|---|
| 1488 | | - | 45.29may be referred to as a failure to thrive, that has been diagnosed by a physician and is due |
|---|
| 1489 | | - | 45.30to parental neglect; |
|---|
| 1490 | | - | 45Article 2 Sec. 33. |
|---|
| 1491 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 46.1 (3) failure to provide for necessary supervision or child care arrangements appropriate |
|---|
| 1492 | | - | 46.2for a child after considering factors as the child's age, mental ability, physical condition, |
|---|
| 1493 | | - | 46.3length of absence, or environment, when the child is unable to care for the child's own basic |
|---|
| 1494 | | - | 46.4needs or safety, or the basic needs or safety of another child in their care; |
|---|
| 1495 | | - | 46.5 (4) failure to ensure that the child is educated as defined in sections 120A.22 and |
|---|
| 1496 | | - | 46.6260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's |
|---|
| 1497 | | - | 46.7child with sympathomimetic medications, consistent with section 125A.091, subdivision |
|---|
| 1498 | | - | 46.85; |
|---|
| 1499 | | - | 46.9 (5) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision |
|---|
| 1500 | | - | 46.102, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in |
|---|
| 1501 | | - | 46.11the child at birth, results of a toxicology test performed on the mother at delivery or the |
|---|
| 1502 | | - | 46.12child at birth, medical effects or developmental delays during the child's first year of life |
|---|
| 1503 | | - | 46.13that medically indicate prenatal exposure to a controlled substance, or the presence of a |
|---|
| 1504 | | - | 46.14fetal alcohol spectrum disorder; |
|---|
| 1505 | | - | 46.15 (6) medical neglect, as defined in section 260C.007, subdivision 6, clause (5); |
|---|
| 1506 | | - | 46.16 (7) chronic and severe use of alcohol or a controlled substance by a person responsible |
|---|
| 1507 | | - | 46.17for the child's care that adversely affects the child's basic needs and safety; or |
|---|
| 1508 | | - | 46.18 (8) emotional harm from a pattern of behavior that contributes to impaired emotional |
|---|
| 1509 | | - | 46.19functioning of the child which may be demonstrated by a substantial and observable effect |
|---|
| 1510 | | - | 46.20in the child's behavior, emotional response, or cognition that is not within the normal range |
|---|
| 1511 | | - | 46.21for the child's age and stage of development, with due regard to the child's culture. |
|---|
| 1512 | | - | 46.22 (b) Nothing in this chapter shall be construed to mean that a child is neglected solely |
|---|
| 1513 | | - | 46.23because the child's parent, guardian, or other person responsible for the child's care in good |
|---|
| 1514 | | - | 46.24faith selects and depends upon spiritual means or prayer for treatment or care of disease or |
|---|
| 1515 | | - | 46.25remedial care of the child in lieu of medical care. |
|---|
| 1516 | | - | 46.26 (c) This chapter does not impose upon persons not otherwise legally responsible for |
|---|
| 1517 | | - | 46.27providing a child with necessary food, clothing, shelter, education, or medical care a duty |
|---|
| 1518 | | - | 46.28to provide that care. |
|---|
| 1519 | | - | 46.29 (d) Nothing in this chapter shall be construed to mean that a child who has a mental, |
|---|
| 1520 | | - | 46.30physical, or emotional condition is neglected solely because the child remains in an |
|---|
| 1521 | | - | 46.31emergency department or hospital setting because services, including residential treatment, |
|---|
| 1522 | | - | 46.32that are deemed necessary by the child's medical or mental health care professional or county |
|---|
| 1523 | | - | 46Article 2 Sec. 33. |
|---|
| 1524 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 47.1case manager are not available to the child's parent, guardian, or other person responsible |
|---|
| 1525 | | - | 47.2for the child's care, and the child cannot be safely discharged to the child's family. |
|---|
| 1526 | | - | 47.3 Sec. 34. Minnesota Statutes 2024, section 260E.065, is amended to read: |
|---|
| 1527 | | - | 47.4 260E.065 TRAINING FOR REPORTERS. |
|---|
| 1528 | | - | 47.5 Subdivision 1.Required training.The local welfare agency must offer training to a |
|---|
| 1529 | | - | 47.6person required to make a report under section 260E.055 or 260E.06. The training may be |
|---|
| 1530 | | - | 47.7offered online or in person and must provide an explanation of the legal obligations of a |
|---|
| 1531 | | - | 47.8reporter, consequences for failure to report, and instruction on how to detect and report |
|---|
| 1532 | | - | 47.9suspected maltreatment or suspected abuse, as defined under section 260E.055, subdivision |
|---|
| 1533 | | - | 47.101, paragraph (b). A local welfare agency may fulfill the requirement under this section by |
|---|
| 1534 | | - | 47.11directing reporters to trainings offered by the commissioner. |
|---|
| 1535 | | - | 47.12 Subd. 2.Training content.For a training under this section, at least half of the training |
|---|
| 1536 | | - | 47.13time must be spent on how to identify signs of suspected maltreatment or abuse, as defined |
|---|
| 1537 | | - | 47.14in section 260E.055, subdivision 1, paragraph (b). The training must cover the definition |
|---|
| 1538 | | - | 47.15of each maltreatment type as defined in section 260E.03, subdivision 12. |
|---|
| 1539 | | - | 47.16 Subd. 3.Expert input.The commissioner must create trainings with input from |
|---|
| 1540 | | - | 47.17professionals with specialized knowledge related to maltreatment, including but not limited |
|---|
| 1541 | | - | 47.18to medical professionals, attorneys, mental health professionals, and social workers. |
|---|
| 1542 | | - | 47.19Sec. 35. Minnesota Statutes 2024, section 260E.09, is amended to read: |
|---|
| 1543 | | - | 47.20 260E.09 REPORTING REQUIREMENTS. |
|---|
| 1544 | | - | 47.21 (a) An oral report shall be made immediately by telephone or otherwise. An oral report |
|---|
| 1545 | | - | 47.22made by a person required under section 260E.06, subdivision 1, to report shall be followed |
|---|
| 1546 | | - | 47.23within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate |
|---|
| 1547 | | - | 47.24police department, the county sheriff, the agency responsible for assessing or investigating |
|---|
| 1548 | | - | 47.25the report, or the local welfare agency. |
|---|
| 1549 | | - | 47.26 (b) Any report shall be of sufficient content to identify the child, any person believed |
|---|
| 1550 | | - | 47.27to be responsible for the maltreatment of the child if the person is known, the nature and |
|---|
| 1551 | | - | 47.28extent of the maltreatment, and the name and address of the reporter. The local welfare |
|---|
| 1552 | | - | 47.29agency or agency responsible for assessing or investigating the report shall accept a report |
|---|
| 1553 | | - | 47.30made under section 260E.06 notwithstanding refusal by a reporter to provide the reporter's |
|---|
| 1554 | | - | 47.31name or address as long as the report is otherwise sufficient under this paragraph. The local |
|---|
| 1555 | | - | 47.32welfare agency or agency responsible for assessing or investigating the report shall ask the |
|---|
| 1556 | | - | 47Article 2 Sec. 35. |
|---|
| 1557 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 48.1reporter if the reporter is aware of the child or family heritage, including the child's Tribal |
|---|
| 1558 | | - | 48.2lineage pursuant to section 260.761 and their race, culture, and ethnicity pursuant to section |
|---|
| 1559 | | - | 48.3260.63, subdivision 10. |
|---|
| 1560 | | - | 48.4 (c) Notwithstanding paragraph (a), upon implementation of the provider licensing and |
|---|
| 1561 | | - | 48.5reporting hub, an individual who has an account with the provider licensing and reporting |
|---|
| 1562 | | - | 48.6hub and is required to report suspected maltreatment at a licensed program under section |
|---|
| 1563 | | - | 48.7260E.06, subdivision 1, may submit a written report in the hub in a manner prescribed by |
|---|
| 1564 | | - | 48.8the commissioner and is not required to make an oral report. A report submitted through |
|---|
| 1565 | | - | 48.9the provider licensing and reporting hub must be made immediately. |
|---|
| 1566 | | - | 48.10Sec. 36. Minnesota Statutes 2024, section 260E.20, subdivision 1, is amended to read: |
|---|
| 1567 | | - | 48.11 Subdivision 1.General duties.(a) The local welfare agency shall offer services to |
|---|
| 1568 | | - | 48.12prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child, |
|---|
| 1569 | | - | 48.13and supporting and preserving family life whenever possible. |
|---|
| 1570 | | - | 48.14 (b) If the report alleges a violation of a criminal statute involving maltreatment or child |
|---|
| 1571 | | - | 48.15endangerment under section 609.378, the local law enforcement agency and local welfare |
|---|
| 1572 | | - | 48.16agency shall coordinate the planning and execution of their respective investigation and |
|---|
| 1573 | | - | 48.17assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. |
|---|
| 1574 | | - | 48.18Each agency shall prepare a separate report of the results of the agency's investigation or |
|---|
| 1575 | | - | 48.19assessment. |
|---|
| 1576 | | - | 48.20 (c) In cases of alleged child maltreatment resulting in death, the local agency may rely |
|---|
| 1577 | | - | 48.21on the fact-finding efforts of a law enforcement investigation to make a determination of |
|---|
| 1578 | | - | 48.22whether or not maltreatment occurred. |
|---|
| 1579 | | - | 48.23 (d) When necessary, the local welfare agency shall seek authority to remove the child |
|---|
| 1580 | | - | 48.24from the custody of a parent, guardian, or adult with whom the child is living. |
|---|
| 1581 | | - | 48.25 (e) In performing any of these duties, the local welfare agency shall maintain an |
|---|
| 1582 | | - | 48.26appropriate record. |
|---|
| 1583 | | - | 48.27 (f) In conducting a family assessment, noncaregiver human trafficking assessment, or |
|---|
| 1584 | | - | 48.28investigation, the local welfare agency shall gather information on the existence of substance |
|---|
| 1585 | | - | 48.29abuse and domestic violence. |
|---|
| 1586 | | - | 48.30 (g) If the family assessment, noncaregiver human trafficking assessment, or investigation |
|---|
| 1587 | | - | 48.31indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or |
|---|
| 1588 | | - | 48.32person responsible for the child's care, the local welfare agency must coordinate a |
|---|
| 1589 | | - | 48.33comprehensive assessment pursuant to section 245G.05. |
|---|
| 1590 | | - | 48Article 2 Sec. 36. |
|---|
| 1591 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 49.1 (h) The agency may use either a family assessment or investigation to determine whether |
|---|
| 1592 | | - | 49.2the child is safe when responding to a report resulting from birth match data under section |
|---|
| 1593 | | - | 49.3260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined |
|---|
| 1594 | | - | 49.4to be safe, the agency shall consult with the county attorney to determine the appropriateness |
|---|
| 1595 | | - | 49.5of filing a petition alleging the child is in need of protection or services under section |
|---|
| 1596 | | - | 49.6260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is |
|---|
| 1597 | | - | 49.7determined not to be safe, the agency and the county attorney shall take appropriate action |
|---|
| 1598 | | - | 49.8as required under section 260C.503, subdivision 2. |
|---|
| 1599 | | - | 49.9 (i) When conducting any assessment or investigation, the agency shall ask the child, if |
|---|
| 1600 | | - | 49.10age appropriate; parents; extended family; and reporter about the child's family heritage, |
|---|
| 1601 | | - | 49.11including the child's Tribal lineage pursuant to section 260.761 and the child's race, culture, |
|---|
| 1602 | | - | 49.12and ethnicity pursuant to section 260.63, subdivision 10. |
|---|
| 1603 | | - | 49.13Sec. 37. Minnesota Statutes 2024, section 260E.20, subdivision 3, is amended to read: |
|---|
| 1604 | | - | 49.14 Subd. 3.Collection of information.(a) The local welfare agency responsible for |
|---|
| 1605 | | - | 49.15conducting a family assessment, noncaregiver human trafficking assessment, or investigation |
|---|
| 1606 | | - | 49.16shall collect available and relevant information to determine child safety, risk of subsequent |
|---|
| 1607 | | - | 49.17maltreatment, and family strengths and needs and share not public information with an |
|---|
| 1608 | | - | 49.18Indian's Tribal social services agency without violating any law of the state that may |
|---|
| 1609 | | - | 49.19otherwise impose a duty of confidentiality on the local welfare agency in order to implement |
|---|
| 1610 | | - | 49.20the Tribal state agreement. |
|---|
| 1611 | | - | 49.21 (b) The local welfare agency or the agency responsible for investigating the report shall |
|---|
| 1612 | | - | 49.22collect available and relevant information to ascertain whether maltreatment occurred and |
|---|
| 1613 | | - | 49.23whether protective services are needed. |
|---|
| 1614 | | - | 49.24 (c) Information collected includes, when relevant, information regarding the person |
|---|
| 1615 | | - | 49.25reporting the alleged maltreatment, including the nature of the reporter's relationship to the |
|---|
| 1616 | | - | 49.26child and to the alleged offender, and the basis of the reporter's knowledge for the report; |
|---|
| 1617 | | - | 49.27the child allegedly being maltreated; the alleged offender; the child's caretaker; and other |
|---|
| 1618 | | - | 49.28collateral sources having relevant information related to the alleged maltreatment. |
|---|
| 1619 | | - | 49.29 (d) Information relevant to the assessment or investigation must be requested, and may |
|---|
| 1620 | | - | 49.30include: |
|---|
| 1621 | | - | 49.31 (1) the child's sex and age; prior reports of maltreatment, including any maltreatment |
|---|
| 1622 | | - | 49.32reports that were screened out and not accepted for assessment or investigation; information |
|---|
| 1623 | | - | 49.33relating to developmental functioning; credibility of the child's statement; and whether the |
|---|
| 1624 | | - | 49Article 2 Sec. 37. |
|---|
| 1625 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 50.1information provided under this clause is consistent with other information collected during |
|---|
| 1626 | | - | 50.2the course of the assessment or investigation; |
|---|
| 1627 | | - | 50.3 (2) except in a noncaregiver human trafficking assessment, the alleged offender's age, |
|---|
| 1628 | | - | 50.4a record check for prior reports of maltreatment, and criminal charges and convictions; |
|---|
| 1629 | | - | 50.5 (3) collateral source information regarding the alleged maltreatment and care of the |
|---|
| 1630 | | - | 50.6child. Collateral information includes, when relevant: (i) a medical examination of the child; |
|---|
| 1631 | | - | 50.7(ii) prior medical records relating to the alleged maltreatment or the care of the child |
|---|
| 1632 | | - | 50.8maintained by any facility, clinic, or health care professional and an interview with the |
|---|
| 1633 | | - | 50.9treating professionals; and (iii) interviews with the child's caretakers, including the child's |
|---|
| 1634 | | - | 50.10parent, guardian, foster parent, child care provider, teachers, counselors, family members, |
|---|
| 1635 | | - | 50.11relatives, and other persons who may have knowledge regarding the alleged maltreatment |
|---|
| 1636 | | - | 50.12and the care of the child; and |
|---|
| 1637 | | - | 50.13 (4) information on the existence of domestic abuse and violence in the home of the child, |
|---|
| 1638 | | - | 50.14and substance abuse. |
|---|
| 1639 | | - | 50.15 (e) Nothing in this subdivision precludes the local welfare agency, the local law |
|---|
| 1640 | | - | 50.16enforcement agency, or the agency responsible for assessing or investigating the report from |
|---|
| 1641 | | - | 50.17collecting other relevant information necessary to conduct the assessment or investigation. |
|---|
| 1642 | | - | 50.18 (f) Notwithstanding section 13.384 or 144.291 to 144.298, the local welfare agency has |
|---|
| 1643 | | - | 50.19access to medical data and records for purposes of paragraph (d), clause (3). |
|---|
| 1644 | | - | 50.20Sec. 38. [260E.215] REPORTING OF SCHOOL ATTENDANCE CONCERNS. |
|---|
| 1645 | | - | 50.21 Subdivision 1.Reports required.(a) A person mandated to report under this chapter |
|---|
| 1646 | | - | 50.22must immediately report to the local welfare agency or designated partner if the person |
|---|
| 1647 | | - | 50.23knows or has reason to believe that a child required to be enrolled in school under section |
|---|
| 1648 | | - | 50.24120A.22 has at least seven unexcused absences in the current school year and is at risk of |
|---|
| 1649 | | - | 50.25educational neglect or truancy under section 260C.163, subdivision 11. |
|---|
| 1650 | | - | 50.26 (b) Any person may make a voluntary report if the person knows or has reason to believe |
|---|
| 1651 | | - | 50.27that a child required to be enrolled in school under section 120A.22 has at least seven |
|---|
| 1652 | | - | 50.28unexcused absences in the current school year and is at risk of educational neglect or truancy |
|---|
| 1653 | | - | 50.29under section 260C.163, subdivision 11. |
|---|
| 1654 | | - | 50.30 (c) An oral report must be made immediately. An oral report made by a person required |
|---|
| 1655 | | - | 50.31to report under paragraph (a) must be followed within 72 hours, exclusive of weekends and |
|---|
| 1656 | | - | 50.32holidays, by a report in writing to the local welfare agency. A report must sufficiently |
|---|
| 1657 | | - | 50.33identify the child and the child's parent or guardian, the actual or estimated number of the |
|---|
| 1658 | | - | 50Article 2 Sec. 38. |
|---|
| 1659 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 51.1child's unexcused absences in the current school year, the efforts made by school officials |
|---|
| 1660 | | - | 51.2to resolve attendance concerns with the family, and the name and address of the reporter. |
|---|
| 1661 | | - | 51.3A voluntary reporter under paragraph (b) may refuse to provide their name or address if the |
|---|
| 1662 | | - | 51.4report is otherwise sufficient, and the local welfare agency must accept such a report. |
|---|
| 1663 | | - | 51.5 Subd. 2.Local welfare agency.(a) The local welfare agency or partner designated to |
|---|
| 1664 | | - | 51.6provide child welfare services must provide a child welfare response for a report that alleges |
|---|
| 1665 | | - | 51.7a child enrolled in school has seven or more unexcused absences. When providing a child |
|---|
| 1666 | | - | 51.8welfare response under this paragraph, the local welfare agency or designated partner must |
|---|
| 1667 | | - | 51.9offer services to the child and the child's family to address school attendance concerns or |
|---|
| 1668 | | - | 51.10may partner with a county attorney's office, a community-based organization, or other |
|---|
| 1669 | | - | 51.11community partner to provide the services. The services must be culturally and linguistically |
|---|
| 1670 | | - | 51.12appropriate and tailored to the needs of the child and the child's family. This section is |
|---|
| 1671 | | - | 51.13subject to the requirements of the Minnesota Indian Family Preservation Act under sections |
|---|
| 1672 | | - | 51.14260.751 to 260.835 and the Minnesota African American Family Preservation and Child |
|---|
| 1673 | | - | 51.15Welfare Disproportionality Act under sections 260.61 to 260.693. |
|---|
| 1674 | | - | 51.16 (b) If the unexcused absences continue and the family has not engaged with services |
|---|
| 1675 | | - | 51.17under paragraph (a) after the local welfare agency or partner designated to provide child |
|---|
| 1676 | | - | 51.18welfare services has made multiple varied attempts to engage the child's family, a report of |
|---|
| 1677 | | - | 51.19educational neglect must be made regardless of the number of unexcused absences the child |
|---|
| 1678 | | - | 51.20has accrued. The local welfare agency must determine the response path assignment pursuant |
|---|
| 1679 | | - | 51.21to section 260E.17 and may proceed with the process outlined in section 260C.141. |
|---|
| 1680 | | - | 51.22Sec. 39. Minnesota Statutes 2024, section 260E.24, subdivision 1, is amended to read: |
|---|
| 1681 | | - | 51.23 Subdivision 1.Timing.The local welfare agency shall conclude the family assessment, |
|---|
| 1682 | | - | 51.24the noncaregiver human trafficking assessment, or the investigation within 45 days of the |
|---|
| 1683 | | - | 51.25receipt of a report. The conclusion of the assessment or investigation may be extended to |
|---|
| 1684 | | - | 51.26permit the completion of a criminal investigation or the receipt of expert information |
|---|
| 1685 | | - | 51.27requested within 45 days of the receipt of the report. |
|---|
| 1686 | | - | 51.28Sec. 40. Minnesota Statutes 2024, section 260E.24, subdivision 2, is amended to read: |
|---|
| 1687 | | - | 51.29 Subd. 2.Determination after family assessment or a noncaregiver human trafficking |
|---|
| 1688 | | - | 51.30assessment.After conducting a family assessment or a noncaregiver human trafficking |
|---|
| 1689 | | - | 51.31assessment, the local welfare agency shall determine whether child protective services are |
|---|
| 1690 | | - | 51.32needed to address the safety of the child and other family members and the risk of subsequent |
|---|
| 1691 | | - | 51.33maltreatment. The local welfare agency must document the information collected under |
|---|
| 1692 | | - | 51Article 2 Sec. 40. |
|---|
| 1693 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 52.1section 260E.20, subdivision 3, related to the completed family assessment or noncaregiver |
|---|
| 1694 | | - | 52.2human trafficking assessment in the child's or family's case notes. |
|---|
| 1695 | | - | 52.3 Sec. 41. REVISOR INSTRUCTION. |
|---|
| 1696 | | - | 52.4 The revisor of statutes shall change paragraphs to subdivisions, clauses to paragraphs, |
|---|
| 1697 | | - | 52.5and items to clauses in Minnesota Statutes, sections 260C.203 and 260C.204. The revisor |
|---|
| 1698 | | - | 52.6shall make any necessary grammatical changes or changes to sentence structure necessary |
|---|
| 1699 | | - | 52.7to preserve the meaning of the text as a result of the changes. The revisor of statutes must |
|---|
| 1700 | | - | 52.8correct any statutory cross-references consistent with the changes in this section. |
|---|
| 1701 | | - | 52.9 ARTICLE 3 |
|---|
| 1702 | | - | 52.10 CHILD PROTECTION AND WELFARE FINANCE |
|---|
| 1703 | | - | 52.11Section 1. Minnesota Statutes 2024, section 142A.03, subdivision 2, is amended to read: |
|---|
| 1704 | | - | 52.12 Subd. 2.Duties of the commissioner.(a) The commissioner may apply for and accept |
|---|
| 1705 | | - | 52.13on behalf of the state any grants, bequests, gifts, or contributions for the purpose of carrying |
|---|
| 1706 | | - | 52.14out the duties and responsibilities of the commissioner. Any money received under this |
|---|
| 1707 | | - | 52.15paragraph is appropriated and dedicated for the purpose for which the money is granted. |
|---|
| 1708 | | - | 52.16The commissioner must biennially report to the chairs and ranking minority members of |
|---|
| 1709 | | - | 52.17relevant legislative committees and divisions by January 15 of each even-numbered year a |
|---|
| 1710 | | - | 52.18list of all grants and gifts received under this subdivision. |
|---|
| 1711 | | - | 52.19 (b) Pursuant to law, the commissioner may apply for and receive money made available |
|---|
| 1712 | | - | 52.20from federal sources for the purpose of carrying out the duties and responsibilities of the |
|---|
| 1713 | | - | 52.21commissioner. |
|---|
| 1714 | | - | 52.22 (c) The commissioner may make contracts with and grants to Tribal Nations, public and |
|---|
| 1715 | | - | 52.23private agencies, for-profit and nonprofit organizations, and individuals using appropriated |
|---|
| 1716 | | - | 52.24money. |
|---|
| 1717 | | - | 52.25 (d) The commissioner must develop program objectives and performance measures for |
|---|
| 1718 | | - | 52.26evaluating progress toward achieving the objectives. The commissioner must identify the |
|---|
| 1719 | | - | 52.27objectives, performance measures, and current status of achieving the measures in a biennial |
|---|
| 1720 | | - | 52.28report to the chairs and ranking minority members of relevant legislative committees and |
|---|
| 1721 | | - | 52.29divisions. The report is due no later than January 15 each even-numbered year. The report |
|---|
| 1722 | | - | 52.30must include, when possible, the following objectives: |
|---|
| 1723 | | - | 52.31 (1) centering and including the lived experiences of children and youth, including those |
|---|
| 1724 | | - | 52.32with disabilities and mental illness and their families, in all aspects of the department's work; |
|---|
| 1725 | | - | 52Article 3 Section 1. |
|---|
| 1726 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 53.1 (2) increasing the effectiveness of the department's programs in addressing the needs of |
|---|
| 1727 | | - | 53.2children and youth facing racial, economic, or geographic inequities; |
|---|
| 1728 | | - | 53.3 (3) increasing coordination and reducing inefficiencies among the department's programs |
|---|
| 1729 | | - | 53.4and the funding sources that support the programs; |
|---|
| 1730 | | - | 53.5 (4) increasing the alignment and coordination of family access to child care and early |
|---|
| 1731 | | - | 53.6learning programs and improving systems of support for early childhood and learning |
|---|
| 1732 | | - | 53.7providers and services; |
|---|
| 1733 | | - | 53.8 (5) improving the connection between the department's programs and the kindergarten |
|---|
| 1734 | | - | 53.9through grade 12 and higher education systems; and |
|---|
| 1735 | | - | 53.10 (6) minimizing and streamlining the effort required of youth and families to receive |
|---|
| 1736 | | - | 53.11services to which the youth and families are entitled. |
|---|
| 1737 | | - | 53.12 (e) The commissioner shall administer and supervise the forms of public assistance and |
|---|
| 1738 | | - | 53.13other activities or services that are vested in the commissioner. Administration and |
|---|
| 1739 | | - | 53.14supervision of activities or services includes but is not limited to assuring timely and accurate |
|---|
| 1740 | | - | 53.15distribution of benefits, completeness of service, and quality program management. In |
|---|
| 1741 | | - | 53.16addition to administering and supervising activities vested by law in the department, the |
|---|
| 1742 | | - | 53.17commissioner has the authority to: |
|---|
| 1743 | | - | 53.18 (1) require county agency participation in training and technical assistance programs to |
|---|
| 1744 | | - | 53.19promote compliance with statutes, rules, federal laws, regulations, and policies governing |
|---|
| 1745 | | - | 53.20the programs and activities administered by the commissioner; |
|---|
| 1746 | | - | 53.21 (2) monitor, on an ongoing basis, the performance of county agencies in the operation |
|---|
| 1747 | | - | 53.22and administration of activities and programs; enforce compliance with statutes, rules, |
|---|
| 1748 | | - | 53.23federal laws, regulations, and policies governing welfare services; and promote excellence |
|---|
| 1749 | | - | 53.24of administration and program operation; |
|---|
| 1750 | | - | 53.25 (3) develop a quality control program or other monitoring program to review county |
|---|
| 1751 | | - | 53.26performance and accuracy of benefit determinations; |
|---|
| 1752 | | - | 53.27 (4) require county agencies to make an adjustment to the public assistance benefits issued |
|---|
| 1753 | | - | 53.28to any individual consistent with federal law and regulation and state law and rule and to |
|---|
| 1754 | | - | 53.29issue or recover benefits as appropriate; |
|---|
| 1755 | | - | 53.30 (5) delay or deny payment of all or part of the state and federal share of benefits and |
|---|
| 1756 | | - | 53.31administrative reimbursement according to the procedures set forth in section 142A.10; |
|---|
| 1757 | | - | 53Article 3 Section 1. |
|---|
| 1758 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 54.1 (6) make contracts with and grants to public and private agencies and organizations, |
|---|
| 1759 | | - | 54.2both for-profit and nonprofit, and individuals, using appropriated funds; and |
|---|
| 1760 | | - | 54.3 (7) enter into contractual agreements with federally recognized Indian Tribes with a |
|---|
| 1761 | | - | 54.4reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved |
|---|
| 1762 | | - | 54.5family assistance program or any other program under the supervision of the commissioner. |
|---|
| 1763 | | - | 54.6The commissioner shall consult with the affected county or counties in the contractual |
|---|
| 1764 | | - | 54.7agreement negotiations, if the county or counties wish to be included, in order to avoid the |
|---|
| 1765 | | - | 54.8duplication of county and Tribal assistance program services. The commissioner may |
|---|
| 1766 | | - | 54.9establish necessary accounts for the purposes of receiving and disbursing funds as necessary |
|---|
| 1767 | | - | 54.10for the operation of the programs. |
|---|
| 1768 | | - | 54.11The commissioner shall work in conjunction with the commissioner of human services to |
|---|
| 1769 | | - | 54.12carry out the duties of this paragraph when necessary and feasible. |
|---|
| 1770 | | - | 54.13 (f) The commissioner shall inform county agencies, on a timely basis, of changes in |
|---|
| 1771 | | - | 54.14statute, rule, federal law, regulation, and policy necessary to county agency administration |
|---|
| 1772 | | - | 54.15of the programs and activities administered by the commissioner. |
|---|
| 1773 | | - | 54.16 (g) The commissioner shall administer and supervise child welfare activities, including |
|---|
| 1774 | | - | 54.17promoting the enforcement of laws preventing child maltreatment and protecting children |
|---|
| 1775 | | - | 54.18with a disability and children who are in need of protection or services, licensing and |
|---|
| 1776 | | - | 54.19supervising child care and child-placing agencies, and supervising the care of children in |
|---|
| 1777 | | - | 54.20foster care. The commissioner shall coordinate with the commissioner of human services |
|---|
| 1778 | | - | 54.21on activities impacting children overseen by the Department of Human Services, such as |
|---|
| 1779 | | - | 54.22disability services, behavioral health, and substance use disorder treatment. |
|---|
| 1780 | | - | 54.23 (h) The commissioner shall assist and cooperate with local, state, and federal departments, |
|---|
| 1781 | | - | 54.24agencies, and institutions. |
|---|
| 1782 | | - | 54.25 (i) The commissioner shall establish and maintain any administrative units reasonably |
|---|
| 1783 | | - | 54.26necessary for the performance of administrative functions common to all divisions of the |
|---|
| 1784 | | - | 54.27department. |
|---|
| 1785 | | - | 54.28 (j) The commissioner shall act as designated guardian of children pursuant to chapter |
|---|
| 1786 | | - | 54.29260C. For children under the guardianship of the commissioner or a Tribe in Minnesota |
|---|
| 1787 | | - | 54.30recognized by the Secretary of the Interior whose interests would be best served by adoptive |
|---|
| 1788 | | - | 54.31placement, the commissioner may contract with a licensed child-placing agency or a |
|---|
| 1789 | | - | 54.32Minnesota Tribal social services agency to provide adoption services. For children in |
|---|
| 1790 | | - | 54.33out-of-home care whose interests would be best served by a transfer of permanent legal and |
|---|
| 1791 | | - | 54.34physical custody to a relative under section 260C.515, subdivision 4, or equivalent in Tribal |
|---|
| 1792 | | - | 54Article 3 Section 1. |
|---|
| 1793 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 55.1code, the commissioner may contract with a licensed child-placing agency or a Minnesota |
|---|
| 1794 | | - | 55.2Tribal social services agency to provide permanency services. A contract with a licensed |
|---|
| 1795 | | - | 55.3child-placing agency must be designed to supplement existing county efforts and may not |
|---|
| 1796 | | - | 55.4replace existing county programs or Tribal social services, unless the replacement is agreed |
|---|
| 1797 | | - | 55.5to by the county board and the appropriate exclusive bargaining representative, Tribal |
|---|
| 1798 | | - | 55.6governing body, or the commissioner has evidence that child placements of the county |
|---|
| 1799 | | - | 55.7continue to be substantially below that of other counties. Funds encumbered and obligated |
|---|
| 1800 | | - | 55.8under an agreement for a specific child shall remain available until the terms of the agreement |
|---|
| 1801 | | - | 55.9are fulfilled or the agreement is terminated. |
|---|
| 1802 | | - | 55.10 (k) The commissioner has the authority to conduct and administer experimental projects |
|---|
| 1803 | | - | 55.11to test methods and procedures of administering assistance and services to recipients or |
|---|
| 1804 | | - | 55.12potential recipients of public benefits. To carry out the experimental projects, the |
|---|
| 1805 | | - | 55.13commissioner may waive the enforcement of existing specific statutory program |
|---|
| 1806 | | - | 55.14requirements, rules, and standards in one or more counties. The order establishing the waiver |
|---|
| 1807 | | - | 55.15must provide alternative methods and procedures of administration and must not conflict |
|---|
| 1808 | | - | 55.16with the basic purposes, coverage, or benefits provided by law. No project under this |
|---|
| 1809 | | - | 55.17paragraph shall exceed four years. No order establishing an experimental project as authorized |
|---|
| 1810 | | - | 55.18by this paragraph is effective until the following conditions have been met: |
|---|
| 1811 | | - | 55.19 (1) the United States Secretary of Health and Human Services has agreed, for the same |
|---|
| 1812 | | - | 55.20project, to waive state plan requirements relative to statewide uniformity; and |
|---|
| 1813 | | - | 55.21 (2) a comprehensive plan, including estimated project costs, has been approved by the |
|---|
| 1814 | | - | 55.22Legislative Advisory Commission and filed with the commissioner of administration. |
|---|
| 1815 | | - | 55.23 (l) The commissioner shall, according to federal requirements and in coordination with |
|---|
| 1816 | | - | 55.24the commissioner of human services, establish procedures to be followed by local welfare |
|---|
| 1817 | | - | 55.25boards in creating citizen advisory committees, including procedures for selection of |
|---|
| 1818 | | - | 55.26committee members. |
|---|
| 1819 | | - | 55.27 (m) The commissioner shall allocate federal fiscal disallowances or sanctions that are |
|---|
| 1820 | | - | 55.28based on quality control error rates for the aid to families with dependent children (AFDC) |
|---|
| 1821 | | - | 55.29program formerly codified in sections 256.72 to 256.87 or the Supplemental Nutrition |
|---|
| 1822 | | - | 55.30Assistance Program (SNAP) in the following manner: |
|---|
| 1823 | | - | 55.31 (1) one-half of the total amount of the disallowance shall be borne by the county boards |
|---|
| 1824 | | - | 55.32responsible for administering the programs. For AFDC, disallowances shall be shared by |
|---|
| 1825 | | - | 55.33each county board in the same proportion as that county's expenditures to the total of all |
|---|
| 1826 | | - | 55.34counties' expenditures for AFDC. For SNAP, sanctions shall be shared by each county |
|---|
| 1827 | | - | 55Article 3 Section 1. |
|---|
| 1828 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 56.1board, with 50 percent of the sanction being distributed to each county in the same proportion |
|---|
| 1829 | | - | 56.2as that county's administrative costs for SNAP benefits are to the total of all SNAP |
|---|
| 1830 | | - | 56.3administrative costs for all counties, and 50 percent of the sanctions being distributed to |
|---|
| 1831 | | - | 56.4each county in the same proportion as that county's value of SNAP benefits issued are to |
|---|
| 1832 | | - | 56.5the total of all benefits issued for all counties. Each county shall pay its share of the |
|---|
| 1833 | | - | 56.6disallowance to the state of Minnesota. When a county fails to pay the amount due under |
|---|
| 1834 | | - | 56.7this paragraph, the commissioner may deduct the amount from reimbursement otherwise |
|---|
| 1835 | | - | 56.8due the county, or the attorney general, upon the request of the commissioner, may institute |
|---|
| 1836 | | - | 56.9civil action to recover the amount due; and |
|---|
| 1837 | | - | 56.10 (2) notwithstanding the provisions of clause (1), if the disallowance results from knowing |
|---|
| 1838 | | - | 56.11noncompliance by one or more counties with a specific program instruction, and that knowing |
|---|
| 1839 | | - | 56.12noncompliance is a matter of official county board record, the commissioner may require |
|---|
| 1840 | | - | 56.13payment or recover from the county or counties, in the manner prescribed in clause (1), an |
|---|
| 1841 | | - | 56.14amount equal to the portion of the total disallowance that resulted from the noncompliance |
|---|
| 1842 | | - | 56.15and may distribute the balance of the disallowance according to clause (1). |
|---|
| 1843 | | - | 56.16 (n) The commissioner shall develop and implement special projects that maximize |
|---|
| 1844 | | - | 56.17reimbursements and result in the recovery of money to the state. For the purpose of recovering |
|---|
| 1845 | | - | 56.18state money, the commissioner may enter into contracts with third parties. Any recoveries |
|---|
| 1846 | | - | 56.19that result from projects or contracts entered into under this paragraph shall be deposited |
|---|
| 1847 | | - | 56.20in the state treasury and credited to a special account until the balance in the account reaches |
|---|
| 1848 | | - | 56.21$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be |
|---|
| 1849 | | - | 56.22transferred and credited to the general fund. All money in the account is appropriated to the |
|---|
| 1850 | | - | 56.23commissioner for the purposes of this paragraph. |
|---|
| 1851 | | - | 56.24 (o) The commissioner has the authority to establish and enforce the following county |
|---|
| 1852 | | - | 56.25reporting requirements: |
|---|
| 1853 | | - | 56.26 (1) the commissioner shall establish fiscal and statistical reporting requirements necessary |
|---|
| 1854 | | - | 56.27to account for the expenditure of funds allocated to counties for programs administered by |
|---|
| 1855 | | - | 56.28the commissioner. When establishing financial and statistical reporting requirements, the |
|---|
| 1856 | | - | 56.29commissioner shall evaluate all reports, in consultation with the counties, to determine if |
|---|
| 1857 | | - | 56.30the reports can be simplified or the number of reports can be reduced; |
|---|
| 1858 | | - | 56.31 (2) the county board shall submit monthly or quarterly reports to the department as |
|---|
| 1859 | | - | 56.32required by the commissioner. Monthly reports are due no later than 15 working days after |
|---|
| 1860 | | - | 56.33the end of the month. Quarterly reports are due no later than 30 calendar days after the end |
|---|
| 1861 | | - | 56.34of the quarter, unless the commissioner determines that the deadline must be shortened to |
|---|
| 1862 | | - | 56Article 3 Section 1. |
|---|
| 1863 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 57.120 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss |
|---|
| 1864 | | - | 57.2of federal funding. Only reports that are complete, legible, and in the required format shall |
|---|
| 1865 | | - | 57.3be accepted by the commissioner; |
|---|
| 1866 | | - | 57.4 (3) if the required reports are not received by the deadlines established in clause (2), the |
|---|
| 1867 | | - | 57.5commissioner may delay payments and withhold funds from the county board until the next |
|---|
| 1868 | | - | 57.6reporting period. When the report is needed to account for the use of federal funds and the |
|---|
| 1869 | | - | 57.7late report results in a reduction in federal funding, the commissioner shall withhold from |
|---|
| 1870 | | - | 57.8the county boards with late reports an amount equal to the reduction in federal funding until |
|---|
| 1871 | | - | 57.9full federal funding is received; |
|---|
| 1872 | | - | 57.10 (4) a county board that submits reports that are late, illegible, incomplete, or not in the |
|---|
| 1873 | | - | 57.11required format for two out of three consecutive reporting periods is considered |
|---|
| 1874 | | - | 57.12noncompliant. When a county board is found to be noncompliant, the commissioner shall |
|---|
| 1875 | | - | 57.13notify the county board of the reason the county board is considered noncompliant and |
|---|
| 1876 | | - | 57.14request that the county board develop a corrective action plan stating how the county board |
|---|
| 1877 | | - | 57.15plans to correct the problem. The corrective action plan must be submitted to the |
|---|
| 1878 | | - | 57.16commissioner within 45 days after the date the county board received notice of |
|---|
| 1879 | | - | 57.17noncompliance; |
|---|
| 1880 | | - | 57.18 (5) the final deadline for fiscal reports or amendments to fiscal reports is one year after |
|---|
| 1881 | | - | 57.19the date the report was originally due. If the commissioner does not receive a report by the |
|---|
| 1882 | | - | 57.20final deadline, the county board forfeits the funding associated with the report for that |
|---|
| 1883 | | - | 57.21reporting period and the county board must repay any funds associated with the report |
|---|
| 1884 | | - | 57.22received for that reporting period; |
|---|
| 1885 | | - | 57.23 (6) the commissioner may not delay payments, withhold funds, or require repayment |
|---|
| 1886 | | - | 57.24under clause (3) or (5) if the county demonstrates that the commissioner failed to provide |
|---|
| 1887 | | - | 57.25appropriate forms, guidelines, and technical assistance to enable the county to comply with |
|---|
| 1888 | | - | 57.26the requirements. If the county board disagrees with an action taken by the commissioner |
|---|
| 1889 | | - | 57.27under clause (3) or (5), the county board may appeal the action according to sections 14.57 |
|---|
| 1890 | | - | 57.28to 14.69; and |
|---|
| 1891 | | - | 57.29 (7) counties subject to withholding of funds under clause (3) or forfeiture or repayment |
|---|
| 1892 | | - | 57.30of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover |
|---|
| 1893 | | - | 57.31costs incurred due to actions taken by the commissioner under clause (3) or (5). |
|---|
| 1894 | | - | 57.32 (p) The commissioner shall allocate federal fiscal disallowances or sanctions for audit |
|---|
| 1895 | | - | 57.33exceptions when federal fiscal disallowances or sanctions are based on a statewide random |
|---|
| 1896 | | - | 57.34sample in direct proportion to each county's claim for that period. |
|---|
| 1897 | | - | 57Article 3 Section 1. |
|---|
| 1898 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 58.1 (q) The commissioner is responsible for ensuring the detection, prevention, investigation, |
|---|
| 1899 | | - | 58.2and resolution of fraudulent activities or behavior by applicants, recipients, and other |
|---|
| 1900 | | - | 58.3participants in the programs administered by the department. The commissioner shall |
|---|
| 1901 | | - | 58.4cooperate with the commissioner of education to enforce the requirements for program |
|---|
| 1902 | | - | 58.5integrity and fraud prevention for investigation for child care assistance under chapter 142E. |
|---|
| 1903 | | - | 58.6 (r) The commissioner shall require county agencies to identify overpayments, establish |
|---|
| 1904 | | - | 58.7claims, and utilize all available and cost-beneficial methodologies to collect and recover |
|---|
| 1905 | | - | 58.8these overpayments in the programs administered by the department. |
|---|
| 1906 | | - | 58.9 (s) The commissioner shall develop recommended standards for child foster care homes |
|---|
| 1907 | | - | 58.10that address the components of specialized therapeutic services to be provided by child |
|---|
| 1908 | | - | 58.11foster care homes with those services. |
|---|
| 1909 | | - | 58.12 (t) The commissioner shall authorize the method of payment to or from the department |
|---|
| 1910 | | - | 58.13as part of the programs administered by the department. This authorization includes the |
|---|
| 1911 | | - | 58.14receipt or disbursement of funds held by the department in a fiduciary capacity as part of |
|---|
| 1912 | | - | 58.15the programs administered by the department. |
|---|
| 1913 | | - | 58.16 (u) In coordination with the commissioner of human services, the commissioner shall |
|---|
| 1914 | | - | 58.17create and provide county and Tribal agencies with blank applications, affidavits, and other |
|---|
| 1915 | | - | 58.18forms as necessary for public assistance programs. |
|---|
| 1916 | | - | 58.19 (v) The commissioner shall cooperate with the federal government and its public welfare |
|---|
| 1917 | | - | 58.20agencies in any reasonable manner as may be necessary to qualify for federal aid for |
|---|
| 1918 | | - | 58.21temporary assistance for needy families and in conformity with Title I of Public Law 104-193, |
|---|
| 1919 | | - | 58.22the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and successor |
|---|
| 1920 | | - | 58.23amendments, including making reports that contain information required by the federal |
|---|
| 1921 | | - | 58.24Social Security Advisory Board and complying with any provisions the board may find |
|---|
| 1922 | | - | 58.25necessary to assure the correctness and verification of the reports. |
|---|
| 1923 | | - | 58.26 (w) On or before January 15 in each even-numbered year, the commissioner shall make |
|---|
| 1924 | | - | 58.27a biennial report to the governor concerning the activities of the agency. |
|---|
| 1925 | | - | 58.28 (x) The commissioner shall enter into agreements with other departments of the state as |
|---|
| 1926 | | - | 58.29necessary to meet all requirements of the federal government. |
|---|
| 1927 | | - | 58.30 (y) The commissioner may cooperate with other state agencies in establishing reciprocal |
|---|
| 1928 | | - | 58.31agreements in instances where a child receiving Minnesota family investment program |
|---|
| 1929 | | - | 58.32(MFIP) assistance or its out-of-state equivalent moves or contemplates moving into or out |
|---|
| 1930 | | - | 58Article 3 Section 1. |
|---|
| 1931 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 59.1of the state, in order that the child may continue to receive MFIP or equivalent aid from the |
|---|
| 1932 | | - | 59.2state moved from until the child has resided for one year in the state moved to. |
|---|
| 1933 | | - | 59.3 (z) The commissioner shall provide appropriate technical assistance to county agencies |
|---|
| 1934 | | - | 59.4to develop methods to have county financial workers remind and encourage recipients of |
|---|
| 1935 | | - | 59.5aid to families with dependent children, the Minnesota family investment program, the |
|---|
| 1936 | | - | 59.6Minnesota family investment plan, family general assistance, or SNAP benefits whose |
|---|
| 1937 | | - | 59.7assistance unit includes at least one child under the age of five to have each young child |
|---|
| 1938 | | - | 59.8immunized against childhood diseases. The commissioner must examine the feasibility of |
|---|
| 1939 | | - | 59.9utilizing the capacity of a statewide computer system to assist county agency financial |
|---|
| 1940 | | - | 59.10workers in performing this function at appropriate intervals. |
|---|
| 1941 | | - | 59.11 (aa) The commissioner shall have the power and authority to accept on behalf of the |
|---|
| 1942 | | - | 59.12state contributions and gifts for the use and benefit of children under the guardianship or |
|---|
| 1943 | | - | 59.13custody of the commissioner. The commissioner may also receive and accept on behalf of |
|---|
| 1944 | | - | 59.14such children money due and payable to them as old age and survivors insurance benefits, |
|---|
| 1945 | | - | 59.15veterans benefits, pensions, or other such monetary benefits. Gifts, contributions, pensions, |
|---|
| 1946 | | - | 59.16and benefits under this paragraph must be deposited in and disbursed from the social welfare |
|---|
| 1947 | | - | 59.17fund provided for in sections 256.88 to 256.92. |
|---|
| 1948 | | - | 59.18 (bb) The specific enumeration of powers and duties in this section must not be construed |
|---|
| 1949 | | - | 59.19to be a limitation upon the general powers granted to the commissioner. |
|---|
| 1950 | | - | 59.20Sec. 2. Minnesota Statutes 2024, section 260.810, subdivision 1, is amended to read: |
|---|
| 1951 | | - | 59.21 Subdivision 1.Payments.The commissioner shall make grant payments to each approved |
|---|
| 1952 | | - | 59.22program in four quarterly installments a year. The commissioner may certify an advance |
|---|
| 1953 | | - | 59.23payment for the first quarter of the state fiscal year. Later payments must be made upon |
|---|
| 1954 | | - | 59.24receipt by the state of a quarterly report on finances and program activities quarterly. |
|---|
| 1955 | | - | 59.25Sec. 3. Minnesota Statutes 2024, section 260.810, subdivision 2, is amended to read: |
|---|
| 1956 | | - | 59.26 Subd. 2.Quarterly report Reporting.The commissioner shall specify engage Tribal |
|---|
| 1957 | | - | 59.27and urban Indian organizations to establish requirements for reports and reporting timelines, |
|---|
| 1958 | | - | 59.28including quarterly fiscal reports submitted to the commissioner at least annually, according |
|---|
| 1959 | | - | 59.29to section 142A.03, subdivision 2, paragraph (o). Each quarter reporting period as agreed |
|---|
| 1960 | | - | 59.30upon by the commissioner and grantee, an approved program receiving an Indian child |
|---|
| 1961 | | - | 59.31welfare grant shall submit a report to the commissioner that includes: |
|---|
| 1962 | | - | 59Article 3 Sec. 3. |
|---|
| 1963 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 60.1 (1) a detailed accounting of grant money expended during the preceding quarter reporting |
|---|
| 1964 | | - | 60.2period, specifying expenditures by line item and year to date; and |
|---|
| 1965 | | - | 60.3 (2) a description of Indian child welfare activities conducted during the preceding quarter |
|---|
| 1966 | | - | 60.4reporting period, including the number of clients served and the type of services provided. |
|---|
| 1967 | | - | 60.5 The quarterly Reports must be submitted no later than 30 days after the end of each |
|---|
| 1968 | | - | 60.6quarter agreed upon reporting timelines of the state fiscal year. |
|---|
| 1969 | | - | 60.7 Sec. 4. Minnesota Statutes 2024, section 260.821, subdivision 2, is amended to read: |
|---|
| 1970 | | - | 60.8 Subd. 2.Special focus grants.The amount available for grants established under section |
|---|
| 1971 | | - | 60.9260.785, subdivision 2, for child-placing agencies, Tribes, Indian organizations, and other |
|---|
| 1972 | | - | 60.10social services organizations is one-fifth of the total annual appropriation for Indian child |
|---|
| 1973 | | - | 60.11welfare grants. The maximum award under this subdivision is $100,000 a year for programs |
|---|
| 1974 | | - | 60.12approved by the commissioner. |
|---|
| 1975 | | - | 60.13Sec. 5. Minnesota Statutes 2024, section 518.68, subdivision 2, is amended to read: |
|---|
| 1976 | | - | 60.14 Subd. 2.Contents.(a) This subdivision expires January 1, 2027. For orders issued prior |
|---|
| 1977 | | - | 60.15to January 1, 2027, the required notices must be substantially as follows: |
|---|
| 1978 | | - | 60.16 IMPORTANT NOTICE |
|---|
| 1979 | | - | 60.171. PAYMENTS TO PUBLIC AGENCY |
|---|
| 1980 | | - | 60.18 According to Minnesota Statutes, section 518A.50, payments ordered for maintenance |
|---|
| 1981 | | - | 60.19 and support must be paid to the public agency responsible for child support enforcement |
|---|
| 1982 | | - | 60.20 as long as the person entitled to receive the payments is receiving or has applied for |
|---|
| 1983 | | - | 60.21 public assistance or has applied for support and maintenance collection services. MAIL |
|---|
| 1984 | | - | 60.22 PAYMENTS TO: |
|---|
| 1985 | | - | 60.232. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY |
|---|
| 1986 | | - | 60.24 A person may be charged with a felony who conceals a minor child or takes, obtains, |
|---|
| 1987 | | - | 60.25 retains, or fails to return a minor child from or to the child's parent (or person with |
|---|
| 1988 | | - | 60.26 custodial or visitation rights), according to Minnesota Statutes, section 609.26. A copy |
|---|
| 1989 | | - | 60.27 of that section is available from any district court clerk. |
|---|
| 1990 | | - | 60.283. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES |
|---|
| 1991 | | - | 60.29 A person who fails to pay court-ordered child support or maintenance may be charged |
|---|
| 1992 | | - | 60.30 with a crime, which may include misdemeanor, gross misdemeanor, or felony charges, |
|---|
| 1993 | | - | 60Article 3 Sec. 5. |
|---|
| 1994 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 61.1 according to Minnesota Statutes, section 609.375. A copy of that section is available |
|---|
| 1995 | | - | 61.2 from any district court clerk. |
|---|
| 1996 | | - | 61.34. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME |
|---|
| 1997 | | - | 61.4 (a) Payment of support or spousal maintenance is to be as ordered, and the giving of |
|---|
| 1998 | | - | 61.5 gifts or making purchases of food, clothing, and the like will not fulfill the obligation. |
|---|
| 1999 | | - | 61.6 (b) Payment of support must be made as it becomes due, and failure to secure or denial |
|---|
| 2000 | | - | 61.7 of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek |
|---|
| 2001 | | - | 61.8 relief through a proper motion filed with the court. |
|---|
| 2002 | | - | 61.9 (c) Nonpayment of support is not grounds to deny parenting time. The party entitled to |
|---|
| 2003 | | - | 61.10 receive support may apply for support and collection services, file a contempt motion, |
|---|
| 2004 | | - | 61.11 or obtain a judgment as provided in Minnesota Statutes, section 548.091. |
|---|
| 2005 | | - | 61.12 (d) The payment of support or spousal maintenance takes priority over payment of debts |
|---|
| 2006 | | - | 61.13 and other obligations. |
|---|
| 2007 | | - | 61.14 (e) A party who accepts additional obligations of support does so with the full knowledge |
|---|
| 2008 | | - | 61.15 of the party's prior obligation under this proceeding. |
|---|
| 2009 | | - | 61.16 (f) Child support or maintenance is based on annual income, and it is the responsibility |
|---|
| 2010 | | - | 61.17 of a person with seasonal employment to budget income so that payments are made |
|---|
| 2011 | | - | 61.18 throughout the year as ordered. |
|---|
| 2012 | | - | 61.19 (g) Reasonable parenting time guidelines are contained in Appendix B, which is available |
|---|
| 2013 | | - | 61.20 from the court administrator. |
|---|
| 2014 | | - | 61.21 (h) The nonpayment of support may be enforced through the denial of student grants; |
|---|
| 2015 | | - | 61.22 interception of state and federal tax refunds; suspension of driver's, recreational, and |
|---|
| 2016 | | - | 61.23 occupational licenses; referral to the department of revenue or private collection agencies; |
|---|
| 2017 | | - | 61.24 seizure of assets, including bank accounts and other assets held by financial institutions; |
|---|
| 2018 | | - | 61.25 reporting to credit bureaus; income withholding and contempt proceedings; and other |
|---|
| 2019 | | - | 61.26 enforcement methods allowed by law. |
|---|
| 2020 | | - | 61.27 (i) The public authority may suspend or resume collection of the amount allocated for |
|---|
| 2021 | | - | 61.28 child care expenses if the conditions of Minnesota Statutes, section 518A.40, subdivision |
|---|
| 2022 | | - | 61.29 4, are met. |
|---|
| 2023 | | - | 61.30 (j) The public authority may remove or resume a medical support offset if the conditions |
|---|
| 2024 | | - | 61.31 of Minnesota Statutes, section 518A.41, subdivision 16, are met. |
|---|
| 2025 | | - | 61.325. MODIFYING CHILD SUPPORT |
|---|
| 2026 | | - | 61Article 3 Sec. 5. |
|---|
| 2027 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 62.1 If either the obligor or obligee is laid off from employment or receives a pay reduction, |
|---|
| 2028 | | - | 62.2 child support may be modified, increased, or decreased. Any modification will only take |
|---|
| 2029 | | - | 62.3 effect when it is ordered by the court, and will only relate back to the time that a motion |
|---|
| 2030 | | - | 62.4 is filed. Either the obligor or obligee may file a motion to modify child support, and may |
|---|
| 2031 | | - | 62.5 request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD |
|---|
| 2032 | | - | 62.6 SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE |
|---|
| 2033 | | - | 62.7 COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY. |
|---|
| 2034 | | - | 62.86. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, |
|---|
| 2035 | | - | 62.9SUBDIVISION 3 |
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| 2036 | | - | 62.10 Unless otherwise provided by the Court: |
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| 2037 | | - | 62.11 (a) Each party has the right of access to, and to receive copies of, school, medical, dental, |
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| 2038 | | - | 62.12 religious training, and other important records and information about the minor children. |
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| 2039 | | - | 62.13 Each party has the right of access to information regarding health or dental insurance |
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| 2040 | | - | 62.14 available to the minor children. Presentation of a copy of this order to the custodian of |
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| 2041 | | - | 62.15 a record or other information about the minor children constitutes sufficient authorization |
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| 2042 | | - | 62.16 for the release of the record or information to the requesting party. |
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| 2043 | | - | 62.17 (b) Each party shall keep the other informed as to the name and address of the school |
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| 2044 | | - | 62.18 of attendance of the minor children. Each party has the right to be informed by school |
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| 2045 | | - | 62.19 officials about the children's welfare, educational progress and status, and to attend |
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| 2046 | | - | 62.20 school and parent teacher conferences. The school is not required to hold a separate |
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| 2047 | | - | 62.21 conference for each party. |
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| 2048 | | - | 62.22 (c) In case of an accident or serious illness of a minor child, each party shall notify the |
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| 2049 | | - | 62.23 other party of the accident or illness, and the name of the health care provider and the |
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| 2050 | | - | 62.24 place of treatment. |
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| 2051 | | - | 62.25 (d) Each party has the right of reasonable access and telephone contact with the minor |
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| 2052 | | - | 62.26 children. |
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| 2053 | | - | 62.277. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE |
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| 2054 | | - | 62.28 Child support and/or spousal maintenance may be withheld from income, with or without |
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| 2055 | | - | 62.29 notice to the person obligated to pay, when the conditions of Minnesota Statutes, section |
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| 2056 | | - | 62.30 518A.53 have been met. A copy of those sections is available from any district court |
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| 2057 | | - | 62.31 clerk. |
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| 2058 | | - | 62.328. CHANGE OF ADDRESS OR RESIDENCE |
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| 2059 | | - | 62Article 3 Sec. 5. |
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| 2060 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 63.1 Unless otherwise ordered, each party shall notify the other party, the court, and the public |
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| 2061 | | - | 63.2 authority responsible for collection, if applicable, of the following information within |
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| 2062 | | - | 63.3 ten days of any change: the residential and mailing address, telephone number, driver's |
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| 2063 | | - | 63.4 license number, Social Security number, and name, address, and telephone number of |
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| 2064 | | - | 63.5 the employer. |
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| 2065 | | - | 63.69. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE |
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| 2066 | | - | 63.7 Prior to January 1, 2027, basic support and/or spousal maintenance may be adjusted |
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| 2067 | | - | 63.8 every two years based upon a change in the cost of living (using Department of Labor |
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| 2068 | | - | 63.9 Consumer Price Index .........., unless otherwise specified in this order) when the |
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| 2069 | | - | 63.10 conditions of Minnesota Statutes, section 518A.75, are met. Cost of living increases are |
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| 2070 | | - | 63.11 compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to |
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| 2071 | | - | 63.12 request or contest a cost of living increase are available from any district court clerk. |
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| 2072 | | - | 63.1310. JUDGMENTS FOR UNPAID SUPPORT |
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| 2073 | | - | 63.14 If a person fails to make a child support payment, the payment owed becomes a judgment |
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| 2074 | | - | 63.15 against the person responsible to make the payment by operation of law on or after the |
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| 2075 | | - | 63.16 date the payment is due, and the person entitled to receive the payment or the public |
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| 2076 | | - | 63.17 agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the |
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| 2077 | | - | 63.18 person responsible to make the payment under Minnesota Statutes, section 548.091. |
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| 2078 | | - | 63.1911. JUDGMENTS FOR UNPAID MAINTENANCE |
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| 2079 | | - | 63.20 (a) A judgment for unpaid spousal maintenance may be entered when the conditions of |
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| 2080 | | - | 63.21 Minnesota Statutes, section 548.091, are met. A copy of that section is available from |
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| 2081 | | - | 63.22 any district court clerk. |
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| 2082 | | - | 63.23 (b) The public authority is not responsible for calculating interest on any judgment for |
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| 2083 | | - | 63.24 unpaid spousal maintenance. When providing services in IV-D cases, as defined in |
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| 2084 | | - | 63.25 Minnesota Statutes, section 518A.26, subdivision 10, the public authority will only |
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| 2085 | | - | 63.26 collect interest on spousal maintenance if spousal maintenance is reduced to a sum |
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| 2086 | | - | 63.27 certain judgment. |
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| 2087 | | - | 63.2812. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD |
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| 2088 | | - | 63.29SUPPORT |
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| 2089 | | - | 63.30 A judgment for attorney fees and other collection costs incurred in enforcing a child |
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| 2090 | | - | 63.31 support order will be entered against the person responsible to pay support when the |
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| 2091 | | - | 63.32 conditions of Minnesota Statutes, section 518A.735, are met. A copy of Minnesota |
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| 2092 | | - | 63Article 3 Sec. 5. |
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| 2093 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 64.1 Statutes, sections 518.14 and 518A.735 and forms necessary to request or contest these |
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| 2094 | | - | 64.2 attorney fees and collection costs are available from any district court clerk. |
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| 2095 | | - | 64.313. PARENTING TIME EXPEDITOR PROCESS |
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| 2096 | | - | 64.4 On request of either party or on its own motion, the court may appoint a parenting time |
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| 2097 | | - | 64.5 expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751. |
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| 2098 | | - | 64.6 A copy of that section and a description of the expeditor process is available from any |
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| 2099 | | - | 64.7 district court clerk. |
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| 2100 | | - | 64.814. PARENTING TIME REMEDIES AND PENALTIES |
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| 2101 | | - | 64.9 Remedies and penalties for the wrongful denial of parenting time are available under |
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| 2102 | | - | 64.10 Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting |
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| 2103 | | - | 64.11 time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of |
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| 2104 | | - | 64.12 that subdivision and forms for requesting relief are available from any district court |
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| 2105 | | - | 64.13 clerk. |
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| 2106 | | - | 64.14 (b) For orders issued on or after January 1, 2027, the required notices must be |
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| 2107 | | - | 64.15substantially as follows: |
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| 2108 | | - | 64.16 IMPORTANT NOTICE |
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| 2109 | | - | 64.171. PAYMENTS TO PUBLIC AGENCY |
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| 2110 | | - | 64.18 According to Minnesota Statutes, section 518A.50, payments ordered for maintenance |
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| 2111 | | - | 64.19 and support must be paid to the public agency responsible for child support enforcement |
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| 2112 | | - | 64.20 as long as the person entitled to receive the payments is receiving or has applied for |
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| 2113 | | - | 64.21 public assistance or has applied for support and maintenance collection services. MAIL |
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| 2114 | | - | 64.22 PAYMENTS TO: |
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| 2115 | | - | 64.232. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY |
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| 2116 | | - | 64.24 A person may be charged with a felony who conceals a minor child or takes, obtains, |
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| 2117 | | - | 64.25 retains, or fails to return a minor child from or to the child's parent (or person with |
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| 2118 | | - | 64.26 custodial or visitation rights), according to Minnesota Statutes, section 609.26. A copy |
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| 2119 | | - | 64.27 of that section is available from any district court clerk. |
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| 2120 | | - | 64.283. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES |
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| 2121 | | - | 64.29 A person who fails to pay court-ordered child support or maintenance may be charged |
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| 2122 | | - | 64.30 with a crime, which may include misdemeanor, gross misdemeanor, or felony charges, |
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| 2123 | | - | 64.31 according to Minnesota Statutes, section 609.375. A copy of that section is available |
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| 2124 | | - | 64.32 from any district court clerk. |
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| 2125 | | - | 64Article 3 Sec. 5. |
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| 2126 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 65.14. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME |
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| 2127 | | - | 65.2 (a) Payment of support or spousal maintenance is to be as ordered, and the giving of |
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| 2128 | | - | 65.3 gifts or making purchases of food, clothing, and the like will not fulfill the obligation. |
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| 2129 | | - | 65.4 (b) Payment of support must be made as it becomes due, and failure to secure or denial |
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| 2130 | | - | 65.5 of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek |
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| 2131 | | - | 65.6 relief through a proper motion filed with the court. |
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| 2132 | | - | 65.7 (c) Nonpayment of support is not grounds to deny parenting time. The party entitled to |
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| 2133 | | - | 65.8 receive support may apply for support and collection services, file a contempt motion, |
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| 2134 | | - | 65.9 or obtain a judgment as provided in Minnesota Statutes, section 548.091. |
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| 2135 | | - | 65.10 (d) The payment of support or spousal maintenance takes priority over payment of debts |
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| 2136 | | - | 65.11 and other obligations. |
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| 2137 | | - | 65.12 (e) A party who accepts additional obligations of support does so with the full knowledge |
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| 2138 | | - | 65.13 of the party's prior obligation under this proceeding. |
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| 2139 | | - | 65.14 (f) Child support or maintenance is based on annual income, and it is the responsibility |
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| 2140 | | - | 65.15 of a person with seasonal employment to budget income so that payments are made |
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| 2141 | | - | 65.16 throughout the year as ordered. |
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| 2142 | | - | 65.17 (g) Reasonable parenting time guidelines are contained in Appendix B, which is available |
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| 2143 | | - | 65.18 from the court administrator. |
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| 2144 | | - | 65.19 (h) The nonpayment of support may be enforced through the denial of student grants; |
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| 2145 | | - | 65.20 interception of state and federal tax refunds; suspension of driver's, recreational, and |
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| 2146 | | - | 65.21 occupational licenses; referral to the Department of Revenue or private collection |
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| 2147 | | - | 65.22 agencies; seizure of assets, including bank accounts and other assets held by financial |
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| 2148 | | - | 65.23 institutions; reporting to credit bureaus; income withholding and contempt proceedings; |
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| 2149 | | - | 65.24 and other enforcement methods allowed by law. |
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| 2150 | | - | 65.25 (i) The public authority may suspend or resume collection of the amount allocated for |
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| 2151 | | - | 65.26 child care expenses if the conditions of Minnesota Statutes, section 518A.40, subdivision |
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| 2152 | | - | 65.27 4, are met. |
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| 2153 | | - | 65.28 (j) The public authority may remove or resume a medical support offset if the conditions |
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| 2154 | | - | 65.29 of Minnesota Statutes, section 518A.41, subdivision 16, are met. |
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| 2155 | | - | 65.305. MODIFYING CHILD SUPPORT |
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| 2156 | | - | 65.31 If either the obligor or obligee is laid off from employment or receives a pay reduction, |
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| 2157 | | - | 65.32 child support may be modified, increased, or decreased. Any modification will only take |
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| 2158 | | - | 65Article 3 Sec. 5. |
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| 2159 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 66.1 effect when it is ordered by the court, and will only relate back to the time that a motion |
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| 2160 | | - | 66.2 is filed. Either the obligor or obligee may file a motion to modify child support, and may |
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| 2161 | | - | 66.3 request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD |
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| 2162 | | - | 66.4 SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE |
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| 2163 | | - | 66.5 COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY. |
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| 2164 | | - | 66.66. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, |
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| 2165 | | - | 66.7SUBDIVISION 3 |
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| 2166 | | - | 66.8 Unless otherwise provided by the court: |
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| 2167 | | - | 66.9 (a) Each party has the right of access to, and to receive copies of, school, medical, dental, |
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| 2168 | | - | 66.10 religious training, and other important records and information about the minor children. |
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| 2169 | | - | 66.11 Each party has the right of access to information regarding health or dental insurance |
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| 2170 | | - | 66.12 available to the minor children. Presentation of a copy of this order to the custodian of |
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| 2171 | | - | 66.13 a record or other information about the minor children constitutes sufficient authorization |
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| 2172 | | - | 66.14 for the release of the record or information to the requesting party. |
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| 2173 | | - | 66.15 (b) Each party shall keep the other informed as to the name and address of the school |
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| 2174 | | - | 66.16 of attendance of the minor children. Each party has the right to be informed by school |
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| 2175 | | - | 66.17 officials about the children's welfare, educational progress, and status, and to attend |
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| 2176 | | - | 66.18 school and parent-teacher conferences. The school is not required to hold a separate |
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| 2177 | | - | 66.19 conference for each party. |
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| 2178 | | - | 66.20 (c) In case of an accident or serious illness of a minor child, each party shall notify the |
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| 2179 | | - | 66.21 other party of the accident or illness, and the name of the health care provider and the |
|---|
| 2180 | | - | 66.22 place of treatment. |
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| 2181 | | - | 66.23 (d) Each party has the right of reasonable access and telephone contact with the minor |
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| 2182 | | - | 66.24 children. |
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| 2183 | | - | 66.257. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE |
|---|
| 2184 | | - | 66.26 Child support and/or spousal maintenance may be withheld from income, with or without |
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| 2185 | | - | 66.27 notice to the person obligated to pay, when the conditions of Minnesota Statutes, section |
|---|
| 2186 | | - | 66.28 518A.53, have been met. A copy of those sections is available from any district court |
|---|
| 2187 | | - | 66.29 clerk. |
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| 2188 | | - | 66.308. CHANGE OF ADDRESS OR RESIDENCE |
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| 2189 | | - | 66.31 Unless otherwise ordered, each party shall notify the other party, the court, and the public |
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| 2190 | | - | 66.32 authority responsible for collection, if applicable, of the following information within |
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| 2191 | | - | 66.33 ten days of any change: the residential and mailing address, telephone number, driver's |
|---|
| 2192 | | - | 66Article 3 Sec. 5. |
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| 2193 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 67.1 license number, Social Security number, and name, address, and telephone number of |
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| 2194 | | - | 67.2 the employer. |
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| 2195 | | - | 67.39. JUDGMENTS FOR UNPAID SUPPORT |
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| 2196 | | - | 67.4 If a person fails to make a child support payment, the payment owed becomes a judgment |
|---|
| 2197 | | - | 67.5 against the person responsible to make the payment by operation of law on or after the |
|---|
| 2198 | | - | 67.6 date the payment is due, and the person entitled to receive the payment or the public |
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| 2199 | | - | 67.7 agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the |
|---|
| 2200 | | - | 67.8 person responsible to make the payment under Minnesota Statutes, section 548.091. |
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| 2201 | | - | 67.910. JUDGMENTS FOR UNPAID MAINTENANCE |
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| 2202 | | - | 67.10 (a) A judgment for unpaid spousal maintenance may be entered when the conditions of |
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| 2203 | | - | 67.11 Minnesota Statutes, section 548.091, are met. A copy of that section is available from |
|---|
| 2204 | | - | 67.12 any district court clerk. |
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| 2205 | | - | 67.13 (b) The public authority is not responsible for calculating interest on any judgment for |
|---|
| 2206 | | - | 67.14 unpaid spousal maintenance. When providing services in IV-D cases, as defined in |
|---|
| 2207 | | - | 67.15 Minnesota Statutes, section 518A.26, subdivision 10, the public authority will only |
|---|
| 2208 | | - | 67.16 collect interest on spousal maintenance if spousal maintenance is reduced to a sum |
|---|
| 2209 | | - | 67.17 certain judgment. |
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| 2210 | | - | 67.1811. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD |
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| 2211 | | - | 67.19SUPPORT |
|---|
| 2212 | | - | 67.20 A judgment for attorney fees and other collection costs incurred in enforcing a child |
|---|
| 2213 | | - | 67.21 support order will be entered against the person responsible to pay support when the |
|---|
| 2214 | | - | 67.22 conditions of Minnesota Statutes, section 518A.735, are met. A copy of Minnesota |
|---|
| 2215 | | - | 67.23 Statutes, sections 518.14 and 518A.735, and forms necessary to request or contest these |
|---|
| 2216 | | - | 67.24 attorney fees and collection costs are available from any district court clerk. |
|---|
| 2217 | | - | 67.2512. PARENTING TIME EXPEDITOR PROCESS |
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| 2218 | | - | 67.26 On request of either party or on its own motion, the court may appoint a parenting time |
|---|
| 2219 | | - | 67.27 expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751. |
|---|
| 2220 | | - | 67.28 A copy of that section and a description of the expeditor process is available from any |
|---|
| 2221 | | - | 67.29 district court clerk. |
|---|
| 2222 | | - | 67.3013. PARENTING TIME REMEDIES AND PENALTIES |
|---|
| 2223 | | - | 67.31 Remedies and penalties for the wrongful denial of parenting time are available under |
|---|
| 2224 | | - | 67.32 Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting |
|---|
| 2225 | | - | 67Article 3 Sec. 5. |
|---|
| 2226 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 68.1 time, civil penalties, bond requirements, contempt, and reversal of custody. A copy of |
|---|
| 2227 | | - | 68.2 that subdivision and forms for requesting relief are available from any district court |
|---|
| 2228 | | - | 68.3 clerk. |
|---|
| 2229 | | - | 68.4 Sec. 6. Minnesota Statutes 2024, section 518A.34, is amended to read: |
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| 2230 | | - | 68.5 518A.34 COMPUTATION OF CHILD SUPPORT OBLIGATIONS. |
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| 2231 | | - | 68.6 (a) To determine the presumptive child support obligation of a parent, the court shall |
|---|
| 2232 | | - | 68.7follow the procedure set forth in this section. |
|---|
| 2233 | | - | 68.8 (b) To determine the obligor's basic support obligation, the court shall: |
|---|
| 2234 | | - | 68.9 (1) determine the gross income of each parent under section 518A.29; |
|---|
| 2235 | | - | 68.10 (2) calculate the parental income for determining child support (PICS) of each parent, |
|---|
| 2236 | | - | 68.11by subtracting from the gross income the credit, if any, for each parent's nonjoint children |
|---|
| 2237 | | - | 68.12under section 518A.33; |
|---|
| 2238 | | - | 68.13 (3) determine the percentage contribution of each parent to the combined PICS by |
|---|
| 2239 | | - | 68.14dividing the combined PICS into each parent's PICS; |
|---|
| 2240 | | - | 68.15 (4) determine the combined basic support obligation by application of the guidelines in |
|---|
| 2241 | | - | 68.16section 518A.35; |
|---|
| 2242 | | - | 68.17 (5) determine each parent's share of the combined basic support obligation by multiplying |
|---|
| 2243 | | - | 68.18the percentage figure from clause (3) by the combined basic support obligation in clause |
|---|
| 2244 | | - | 68.19(4); and |
|---|
| 2245 | | - | 68.20 (6) apply the parenting expense adjustment formula provided in section 518A.36 to |
|---|
| 2246 | | - | 68.21determine the obligor's basic support obligation. |
|---|
| 2247 | | - | 68.22 (c) If the parents have split custody of joint children, child support must be calculated |
|---|
| 2248 | | - | 68.23for each joint child as follows: |
|---|
| 2249 | | - | 68.24 (1) the court shall determine each parent's basic support obligation under paragraph (b) |
|---|
| 2250 | | - | 68.25and include the amount of each parent's obligation in the court order. If the basic support |
|---|
| 2251 | | - | 68.26calculation results in each parent owing support to the other, the court shall offset the higher |
|---|
| 2252 | | - | 68.27basic support obligation with the lower basic support obligation to determine the amount |
|---|
| 2253 | | - | 68.28to be paid by the parent with the higher obligation to the parent with the lower obligation. |
|---|
| 2254 | | - | 68.29For the purpose of the cost-of-living adjustment required under section 518A.75, the |
|---|
| 2255 | | - | 68.30adjustment a future modification, the application of section 518A.39 must be based on each |
|---|
| 2256 | | - | 68.31parent's basic support obligation prior to offset. For the purposes of this paragraph, "split |
|---|
| 2257 | | - | 68Article 3 Sec. 6. |
|---|
| 2258 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 69.1custody" means that there are two or more joint children and each parent has at least one |
|---|
| 2259 | | - | 69.2joint child more than 50 percent of the time; |
|---|
| 2260 | | - | 69.3 (2) if each parent pays all child care expenses for at least one joint child, the court shall |
|---|
| 2261 | | - | 69.4calculate child care support for each joint child as provided in section 518A.40. The court |
|---|
| 2262 | | - | 69.5shall determine each parent's child care support obligation and include the amount of each |
|---|
| 2263 | | - | 69.6parent's obligation in the court order. If the child care support calculation results in each |
|---|
| 2264 | | - | 69.7parent owing support to the other, the court shall offset the higher child care support |
|---|
| 2265 | | - | 69.8obligation with the lower child care support obligation to determine the amount to be paid |
|---|
| 2266 | | - | 69.9by the parent with the higher obligation to the parent with the lower obligation; and |
|---|
| 2267 | | - | 69.10 (3) if each parent pays all medical or dental insurance expenses for at least one joint |
|---|
| 2268 | | - | 69.11child, medical support shall be calculated for each joint child as provided in section 518A.41. |
|---|
| 2269 | | - | 69.12The court shall determine each parent's medical support obligation and include the amount |
|---|
| 2270 | | - | 69.13of each parent's obligation in the court order. If the medical support calculation results in |
|---|
| 2271 | | - | 69.14each parent owing support to the other, the court shall offset the higher medical support |
|---|
| 2272 | | - | 69.15obligation with the lower medical support obligation to determine the amount to be paid by |
|---|
| 2273 | | - | 69.16the parent with the higher obligation to the parent with the lower obligation. Unreimbursed |
|---|
| 2274 | | - | 69.17and uninsured medical expenses are not included in the presumptive amount of support |
|---|
| 2275 | | - | 69.18owed by a parent and are calculated and collected as provided in section 518A.41. |
|---|
| 2276 | | - | 69.19 (d) The court shall determine the child care support obligation for the obligor as provided |
|---|
| 2277 | | - | 69.20in section 518A.40. |
|---|
| 2278 | | - | 69.21 (e) The court shall determine the medical support obligation for each parent as provided |
|---|
| 2279 | | - | 69.22in section 518A.41. Unreimbursed and uninsured medical expenses are not included in the |
|---|
| 2280 | | - | 69.23presumptive amount of support owed by a parent and are calculated and collected as described |
|---|
| 2281 | | - | 69.24in section 518A.41. |
|---|
| 2282 | | - | 69.25 (f) The court shall determine each parent's total child support obligation by adding |
|---|
| 2283 | | - | 69.26together each parent's basic support, child care support, and health care coverage obligations |
|---|
| 2284 | | - | 69.27as provided in this section. |
|---|
| 2285 | | - | 69.28 (g) If Social Security benefits or veterans' benefits are received by one parent as a |
|---|
| 2286 | | - | 69.29representative payee for a joint child based on the other parent's eligibility, the court shall |
|---|
| 2287 | | - | 69.30subtract the amount of benefits from the other parent's net child support obligation, if any. |
|---|
| 2288 | | - | 69.31Any benefit received by the obligee for the benefit of the joint child based upon the obligor's |
|---|
| 2289 | | - | 69.32disability or past earnings in any given month in excess of the child support obligation must |
|---|
| 2290 | | - | 69.33not be treated as an arrearage payment or a future payment. |
|---|
| 2291 | | - | 69Article 3 Sec. 6. |
|---|
| 2292 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 70.1 (h) The final child support order shall separately designate the amount owed for basic |
|---|
| 2293 | | - | 70.2support, child care support, and medical support. If applicable, the court shall use the |
|---|
| 2294 | | - | 70.3self-support adjustment and minimum support adjustment under section 518A.42 to determine |
|---|
| 2295 | | - | 70.4the obligor's child support obligation. |
|---|
| 2296 | | - | 70.5 EFFECTIVE DATE.This section is effective January 1, 2027. |
|---|
| 2297 | | - | 70.6 Sec. 7. Minnesota Statutes 2024, section 518A.46, subdivision 7, is amended to read: |
|---|
| 2298 | | - | 70.7 Subd. 7.Administrative redirection of support.(a) The public authority must provide |
|---|
| 2299 | | - | 70.8written notice of redirection to the obligee, the obligor, and the caregiver. The notice must |
|---|
| 2300 | | - | 70.9be mailed to the obligor, obligee, and caregiver at the obligee's, the obligor's, and the |
|---|
| 2301 | | - | 70.10caregiver's respective last known address. The notice must state the name of the child or |
|---|
| 2302 | | - | 70.11children for whom support will be redirected, to whom the support will be redirected, the |
|---|
| 2303 | | - | 70.12date the support will be redirected, and the amount of the support that will be redirected. |
|---|
| 2304 | | - | 70.13The notice must also inform the parties of the right to contest the redirection of support |
|---|
| 2305 | | - | 70.14according to paragraph (c). |
|---|
| 2306 | | - | 70.15 (b) If fewer than all of the children for whom the support is ordered reside with the |
|---|
| 2307 | | - | 70.16caregiver, the public authority must redirect the proportional share of the support for the |
|---|
| 2308 | | - | 70.17number of children residing with the caregiver. |
|---|
| 2309 | | - | 70.18 (c) The obligee or obligor may contest the redirection of support on the limited grounds |
|---|
| 2310 | | - | 70.19that: |
|---|
| 2311 | | - | 70.20 (1) the child or children do not reside or no longer reside with the caregiver; |
|---|
| 2312 | | - | 70.21 (2) under an out-of-home placement plan under section 260C.212, subdivision 1, that |
|---|
| 2313 | | - | 70.22includes a plan for reunification, all or part of the support is needed to maintain the obligee's |
|---|
| 2314 | | - | 70.23home; or |
|---|
| 2315 | | - | 70.24 (3) the redirection of support is not in the best interests of the child. |
|---|
| 2316 | | - | 70.25 (d) To contest the redirection, the obligee or obligor must make a written request for a |
|---|
| 2317 | | - | 70.26hearing to the public authority within 30 calendar days of the date of the written notice of |
|---|
| 2318 | | - | 70.27redirection. The hearing must be held at the earliest practicable time, but no later than 30 |
|---|
| 2319 | | - | 70.28calendar days from the date the public authority receives the written request for a hearing. |
|---|
| 2320 | | - | 70.29If the public authority receives a timely written request for a hearing, the public authority |
|---|
| 2321 | | - | 70.30must schedule a hearing and serve the obligee and the obligor with a notice of hearing at |
|---|
| 2322 | | - | 70.31least 14 days before the date of the hearing. The notice must be served personally or by |
|---|
| 2323 | | - | 70.32mail at the obligee's and the obligor's respective last known address. The public authority |
|---|
| 2324 | | - | 70.33must file with the court the notice of hearing along with the notice of redirection at least |
|---|
| 2325 | | - | 70Article 3 Sec. 7. |
|---|
| 2326 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 71.1five days before the scheduled hearing. The court administrator must schedule these hearings |
|---|
| 2327 | | - | 71.2to be heard in the expedited process before a child support magistrate, but may schedule |
|---|
| 2328 | | - | 71.3these hearings in district court if the availability of a child support magistrate does not permit |
|---|
| 2329 | | - | 71.4a hearing to occur within the time frames of this subdivision. |
|---|
| 2330 | | - | 71.5 (e) If neither the obligee nor the obligor contests the redirection of support under this |
|---|
| 2331 | | - | 71.6subdivision, support must be redirected to the caregiver effective the first day of the month |
|---|
| 2332 | | - | 71.7following the expiration of the time period to contest under paragraph (d). If the obligee or |
|---|
| 2333 | | - | 71.8the obligor contests the redirection of support under paragraph (d), the public authority must |
|---|
| 2334 | | - | 71.9not redirect support to the caregiver pending the outcome of the hearing. |
|---|
| 2335 | | - | 71.10 (f) The redirection of the basic support, medical support, and child care support terminates |
|---|
| 2336 | | - | 71.11and the public authority must direct support to the obligee if the public authority determines |
|---|
| 2337 | | - | 71.12that: |
|---|
| 2338 | | - | 71.13 (1) the caregiver for the child no longer receives public assistance for the child; |
|---|
| 2339 | | - | 71.14 (2) the voluntary placement agreement expires; or |
|---|
| 2340 | | - | 71.15 (3) the court order placing the child is no longer in effect.; or |
|---|
| 2341 | | - | 71.16 (4) the redirection of support is not in the best interests of the child as determined under |
|---|
| 2342 | | - | 71.17section 260B.331, subdivision 1, or 260C.331, subdivision 1. |
|---|
| 2343 | | - | 71.18 (g) The public authority must notify the obligee, obligor, and caregiver of a termination |
|---|
| 2344 | | - | 71.19of the redirection of support by mailing a written notice to each of them at their last known |
|---|
| 2345 | | - | 71.20address. The termination is effective the first day of the month that occurs at least 14 calendar |
|---|
| 2346 | | - | 71.21days after the date the notice is mailed. |
|---|
| 2347 | | - | 71.22 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 2348 | | - | 71.23Sec. 8. Minnesota Statutes 2024, section 518A.75, subdivision 1, is amended to read: |
|---|
| 2349 | | - | 71.24 Subdivision 1.Requirement.(a) An order establishing, modifying, or enforcing |
|---|
| 2350 | | - | 71.25maintenance or child support shall provide for a biennial adjustment in the amount to be |
|---|
| 2351 | | - | 71.26paid based on a change in the cost of living. An order that provides for a cost-of-living |
|---|
| 2352 | | - | 71.27adjustment shall specify the cost-of-living index to be applied and the date on which the |
|---|
| 2353 | | - | 71.28cost-of-living adjustment shall become effective. The court may use the Consumer Price |
|---|
| 2354 | | - | 71.29Index for all urban consumers, Minneapolis-St. Paul (CPI-U), the Consumer Price Index |
|---|
| 2355 | | - | 71.30for wage earners and clerical, Minneapolis-St. Paul (CPI-W), or another cost-of-living index |
|---|
| 2356 | | - | 71.31published by the Department of Labor which it specifically finds is more appropriate. |
|---|
| 2357 | | - | 71.32Cost-of-living increases under this section shall be compounded. The court may also increase |
|---|
| 2358 | | - | 71Article 3 Sec. 8. |
|---|
| 2359 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 72.1the amount by more than the cost-of-living adjustment by agreement of the parties or by |
|---|
| 2360 | | - | 72.2making further findings. |
|---|
| 2361 | | - | 72.3 (b) The adjustment becomes effective on the first of May of the year in which it is made, |
|---|
| 2362 | | - | 72.4for cases in which payment is made to the public authority. For cases in which payment is |
|---|
| 2363 | | - | 72.5not made to the public authority, application for an adjustment may be made in any month |
|---|
| 2364 | | - | 72.6but no application for an adjustment may be made sooner than two years after the date of |
|---|
| 2365 | | - | 72.7the dissolution decree. A court may waive the requirement of the cost-of-living clause if it |
|---|
| 2366 | | - | 72.8expressly finds that the obligor's occupation or income, or both, does not provide for |
|---|
| 2367 | | - | 72.9cost-of-living adjustment or that the order for maintenance or child support has a provision |
|---|
| 2368 | | - | 72.10such as a step increase that has the effect of a cost-of-living clause. The court may waive a |
|---|
| 2369 | | - | 72.11cost-of-living adjustment in a maintenance order if the parties so agree in writing. The |
|---|
| 2370 | | - | 72.12commissioner of children, youth, and families may promulgate rules for child support |
|---|
| 2371 | | - | 72.13adjustments under this section in accordance with the rulemaking provisions of chapter 14. |
|---|
| 2372 | | - | 72.14Notice of this statute must comply with section 518.68, subdivision 2. |
|---|
| 2373 | | - | 72.15 (c) No adjustment under this section shall be made after January 1, 2027, for any |
|---|
| 2374 | | - | 72.16maintenance or child support order established before, on, or after January 1, 2027. |
|---|
| 2375 | | - | 72.17Sec. 9. SOCIAL SERVICES INFORMATION SYSTEM MODERNIZATION. |
|---|
| 2376 | | - | 72.18 (a) The commissioner of children, youth, and families must improve and modernize the |
|---|
| 2377 | | - | 72.19child welfare social services information system. Elements the commissioner must address |
|---|
| 2378 | | - | 72.20as part of the system modernization include but are not limited to: |
|---|
| 2379 | | - | 72.21 (1) capabilities that support case intake, screening, assessments, and investigations; |
|---|
| 2380 | | - | 72.22 (2) the capacity for local social services agencies to track various financial information, |
|---|
| 2381 | | - | 72.23including benefits received by counties on behalf of children in the child welfare system, |
|---|
| 2382 | | - | 72.24and fees received by counties from parents with children in out-of-home placements; |
|---|
| 2383 | | - | 72.25 (3) access for the ombudspersons for families, the ombudsperson for American Indian |
|---|
| 2384 | | - | 72.26families, and the foster youth ombudsperson, on a case-by-case basis, to nonprivileged |
|---|
| 2385 | | - | 72.27information necessary for the discharge of the ombudsperson's duties, including specific |
|---|
| 2386 | | - | 72.28child protection case information, while protecting Tribal data sovereignty; |
|---|
| 2387 | | - | 72.29 (4) comprehensive statewide data reports, including data on law enforcement involvement |
|---|
| 2388 | | - | 72.30in the child protection system; |
|---|
| 2389 | | - | 72.31 (5) demographic information about children in the child welfare system, including race, |
|---|
| 2390 | | - | 72.32cultural and ethnic identity, disability status, and economic status; |
|---|
| 2391 | | - | 72Article 3 Sec. 9. |
|---|
| 2392 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 73.1 (6) bidirectional data exchanges, as required by federal Comprehensive Child Welfare |
|---|
| 2393 | | - | 73.2Information System regulations; and |
|---|
| 2394 | | - | 73.3 (7) data quality measures, as required by federal Comprehensive Child Welfare |
|---|
| 2395 | | - | 73.4Information System regulations. |
|---|
| 2396 | | - | 73.5 (b) By March 15, 2026, the commissioner of children, youth, and families must provide |
|---|
| 2397 | | - | 73.6the chairs and ranking minority members of the legislative committees with jurisdiction |
|---|
| 2398 | | - | 73.7over child welfare and state and local government with a plan and estimated timeline for |
|---|
| 2399 | | - | 73.8modernization of the social services information system in compliance with state law and |
|---|
| 2400 | | - | 73.9federal Comprehensive Child Welfare Information System requirements. |
|---|
| 2401 | | - | 73.10 (c) By August 15, 2026, and by each January 15 and July 15 thereafter, the commissioner |
|---|
| 2402 | | - | 73.11must provide an update on the social services information system modernization efforts and |
|---|
| 2403 | | - | 73.12progress toward federal compliance required under this section to the chairs and ranking |
|---|
| 2404 | | - | 73.13minority members of the legislative committees with jurisdiction over child welfare and |
|---|
| 2405 | | - | 73.14state and local government. This paragraph expires upon the commissioner's report to the |
|---|
| 2406 | | - | 73.15chairs and ranking minority members of the legislative committees with jurisdiction over |
|---|
| 2407 | | - | 73.16child welfare and state and local government that the modernization required under this |
|---|
| 2408 | | - | 73.17section has been substantially completed. |
|---|
| 2409 | | - | 73.18 ARTICLE 4 |
|---|
| 2410 | | - | 73.19 EARLY CARE AND LEARNING POLICY |
|---|
| 2411 | | - | 73.20Section 1. Minnesota Statutes 2024, section 142A.42, is amended to read: |
|---|
| 2412 | | - | 73.21 142A.42 DIAPER DISTRIBUTION GRANT PROGRAM. |
|---|
| 2413 | | - | 73.22 Subdivision 1.Establishment; purpose.The commissioner of children, youth, and |
|---|
| 2414 | | - | 73.23families shall establish a diaper distribution program to award competitive grants to eligible |
|---|
| 2415 | | - | 73.24applicants a sole-source grant to the Diaper Bank of Minnesota to provide diapers to |
|---|
| 2416 | | - | 73.25underresourced families statewide. |
|---|
| 2417 | | - | 73.26 Subd. 2.Eligibility.To be eligible for a grant under this section, an applicant the Diaper |
|---|
| 2418 | | - | 73.27Bank of Minnesota must demonstrate its capacity to distribute diapers statewide by having: |
|---|
| 2419 | | - | 73.28 (1) a network of well-established partners for diaper distribution; |
|---|
| 2420 | | - | 73.29 (2) the infrastructure needed to efficiently manage diaper procurement and distribution |
|---|
| 2421 | | - | 73.30statewide; |
|---|
| 2422 | | - | 73.31 (3) relationships with national organizations that support and enhance the work of |
|---|
| 2423 | | - | 73.32addressing diaper need; |
|---|
| 2424 | | - | 73Article 4 Section 1. |
|---|
| 2425 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 74.1 (4) the ability to engage in building community awareness of diaper need and advocate |
|---|
| 2426 | | - | 74.2for diaper need at local, state, and federal levels; |
|---|
| 2427 | | - | 74.3 (5) a commitment to and demonstration of working with organizations across ideological |
|---|
| 2428 | | - | 74.4and political spectrums; |
|---|
| 2429 | | - | 74.5 (6) the ability to address diaper need for children from birth through early childhood; |
|---|
| 2430 | | - | 74.6and |
|---|
| 2431 | | - | 74.7 (7) a commitment to working within an equity framework by ensuring access to |
|---|
| 2432 | | - | 74.8organizations that provide culturally specific services or are located in communities with |
|---|
| 2433 | | - | 74.9high concentrations of poverty. |
|---|
| 2434 | | - | 74.10 Subd. 3.Application.Applicants The Diaper Bank of Minnesota must apply to the |
|---|
| 2435 | | - | 74.11commissioner in a form and manner prescribed by the commissioner. Applications must be |
|---|
| 2436 | | - | 74.12filed at the times and for the periods determined by the commissioner. |
|---|
| 2437 | | - | 74.13 Subd. 4.Eligible uses of grant money.An eligible applicant that receives grant money |
|---|
| 2438 | | - | 74.14under this section shall The Diaper Bank of Minnesota must use the money awarded under |
|---|
| 2439 | | - | 74.15this section to purchase diapers and wipes and may use up to ten percent of the money for |
|---|
| 2440 | | - | 74.16administrative costs. |
|---|
| 2441 | | - | 74.17 Subd. 5.Enforcement.(a) An eligible applicant that receives grant money under this |
|---|
| 2442 | | - | 74.18section The Diaper Bank of Minnesota must: |
|---|
| 2443 | | - | 74.19 (1) retain records documenting expenditure of the grant money; |
|---|
| 2444 | | - | 74.20 (2) report to the commissioner on the use of the grant money; and |
|---|
| 2445 | | - | 74.21 (3) comply with any additional requirements imposed by the commissioner. |
|---|
| 2446 | | - | 74.22 (b) The commissioner may require that a report submitted under this subdivision include |
|---|
| 2447 | | - | 74.23an independent audit. |
|---|
| 2448 | | - | 74.24Sec. 2. Minnesota Statutes 2024, section 142D.21, subdivision 6, is amended to read: |
|---|
| 2449 | | - | 74.25 Subd. 6.Payments.(a) The commissioner shall provide payments under this section to |
|---|
| 2450 | | - | 74.26all eligible programs on a noncompetitive basis. The payment amounts shall be based on |
|---|
| 2451 | | - | 74.27the number of full-time equivalent staff who regularly care for children in the program, |
|---|
| 2452 | | - | 74.28including any employees, sole proprietors, or independent contractors. |
|---|
| 2453 | | - | 74.29 (b) For purposes of this section, "one full-time equivalent" is defined as an individual |
|---|
| 2454 | | - | 74.30caring for children 32 hours per week. An individual can count as more or less than one |
|---|
| 2455 | | - | 74.31full-time equivalent staff, but as no more than two full-time equivalent staff. |
|---|
| 2456 | | - | 74Article 4 Sec. 2. |
|---|
| 2457 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 75.1 (c) The commissioner must establish an amount to award per full-time equivalent |
|---|
| 2458 | | - | 75.2individual who regularly cares for children in the program. |
|---|
| 2459 | | - | 75.3 (d) Payments must be increased by ten percent for programs receiving child care |
|---|
| 2460 | | - | 75.4assistance payments under section 142E.08 or 142E.17 or early learning scholarships under |
|---|
| 2461 | | - | 75.5section 142D.25, or for programs located in a child care access equity area. The commissioner |
|---|
| 2462 | | - | 75.6must develop a method for establishing child care access equity areas. For purposes of this |
|---|
| 2463 | | - | 75.7section, "child care access equity area" means an area with low access to child care, high |
|---|
| 2464 | | - | 75.8poverty rates, high unemployment rates, low homeownership rates, and low median |
|---|
| 2465 | | - | 75.9household incomes. |
|---|
| 2466 | | - | 75.10 (e) (d) The commissioner shall establish the form, frequency, and manner for making |
|---|
| 2467 | | - | 75.11payments under this section. |
|---|
| 2468 | | - | 75.12Sec. 3. Minnesota Statutes 2024, section 142D.21, is amended by adding a subdivision to |
|---|
| 2469 | | - | 75.13read: |
|---|
| 2470 | | - | 75.14 Subd. 11.Data.(a) For the purposes of this subdivision, the following terms have the |
|---|
| 2471 | | - | 75.15meanings given in this paragraph. |
|---|
| 2472 | | - | 75.16 (1) "Great start compensation program support payment data" means data for a specified |
|---|
| 2473 | | - | 75.17time period showing that a great start compensation payment under this section was made |
|---|
| 2474 | | - | 75.18and the amount of great start compensation payments made to a child care and early learning |
|---|
| 2475 | | - | 75.19program. |
|---|
| 2476 | | - | 75.20 (2) "Data on children and families" means data about the enrollment and attendance as |
|---|
| 2477 | | - | 75.21described in subdivision 3, paragraph (a), clause (2). |
|---|
| 2478 | | - | 75.22 (b) Great start compensation program support payment data are public except that: |
|---|
| 2479 | | - | 75.23 (1) any data on children and families collected by the great start compensation support |
|---|
| 2480 | | - | 75.24payment program that may identify a specific family or child or, as determined by the |
|---|
| 2481 | | - | 75.25commissioner, are private data on individuals as defined in section 13.02, subdivision 12; |
|---|
| 2482 | | - | 75.26 (2) great start compensation payment data about operating expenses and personnel |
|---|
| 2483 | | - | 75.27expenses are private or nonpublic data; and |
|---|
| 2484 | | - | 75.28 (3) great start compensation payment data about legal nonlicensed child care providers |
|---|
| 2485 | | - | 75.29as described in subdivision 8 are private or nonpublic data. |
|---|
| 2486 | | - | 75Article 4 Sec. 3. |
|---|
| 2487 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 76.1 ARTICLE 5 |
|---|
| 2488 | | - | 76.2 EARLY CARE AND LEARNING FINANCE |
|---|
| 2489 | | - | 76.3 Section 1. Minnesota Statutes 2024, section 142B.18, subdivision 4, is amended to read: |
|---|
| 2490 | | - | 76.4 Subd. 4.License suspension, revocation, or fine.(a) The commissioner may suspend |
|---|
| 2491 | | - | 76.5or revoke a license, or impose a fine if: |
|---|
| 2492 | | - | 76.6 (1) a license holder fails to comply fully with applicable laws or rules including but not |
|---|
| 2493 | | - | 76.7limited to the requirements of this chapter and chapter 245C; |
|---|
| 2494 | | - | 76.8 (2) a license holder, a controlling individual, or an individual living in the household |
|---|
| 2495 | | - | 76.9where the licensed services are provided or is otherwise subject to a background study has |
|---|
| 2496 | | - | 76.10been disqualified and the disqualification was not set aside and no variance has been granted; |
|---|
| 2497 | | - | 76.11 (3) a license holder knowingly withholds relevant information from or gives false or |
|---|
| 2498 | | - | 76.12misleading information to the commissioner in connection with an application for a license, |
|---|
| 2499 | | - | 76.13in connection with the background study status of an individual, during an investigation, |
|---|
| 2500 | | - | 76.14or regarding compliance with applicable laws or rules; |
|---|
| 2501 | | - | 76.15 (4) a license holder is excluded from any program administered by the commissioner |
|---|
| 2502 | | - | 76.16under section 142A.12; |
|---|
| 2503 | | - | 76.17 (5) revocation is required under section 142B.10, subdivision 14, paragraph (d); |
|---|
| 2504 | | - | 76.18 (6) for a family foster setting, a license holder, or an individual living in the household |
|---|
| 2505 | | - | 76.19where the licensed services are provided or who is otherwise subject to a background study, |
|---|
| 2506 | | - | 76.20has nondisqualifying background study information, as described in section 245C.05, |
|---|
| 2507 | | - | 76.21subdivision 4, that reflects on the license holder's ability to safely provide care to foster |
|---|
| 2508 | | - | 76.22children; or |
|---|
| 2509 | | - | 76.23 (7) suspension is necessary under subdivision 3, paragraph (b), clause (2). |
|---|
| 2510 | | - | 76.24A license holder who has had a license issued under this chapter suspended, revoked, or |
|---|
| 2511 | | - | 76.25has been ordered to pay a fine must be given notice of the action by certified mail, by |
|---|
| 2512 | | - | 76.26personal service, or through the provider licensing and reporting hub. If mailed, the notice |
|---|
| 2513 | | - | 76.27must be mailed to the address shown on the application or the last known address of the |
|---|
| 2514 | | - | 76.28license holder. The notice must state in plain language the reasons the license was suspended |
|---|
| 2515 | | - | 76.29or revoked, or a fine was ordered. |
|---|
| 2516 | | - | 76.30 (b) If the license was suspended or revoked, the notice must inform the license holder |
|---|
| 2517 | | - | 76.31of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts |
|---|
| 2518 | | - | 76.321400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking |
|---|
| 2519 | | - | 76Article 5 Section 1. |
|---|
| 2520 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 77.1a license. The appeal of an order suspending or revoking a license must be made in writing |
|---|
| 2521 | | - | 77.2by certified mail, by personal service, or through the provider licensing and reporting hub. |
|---|
| 2522 | | - | 77.3If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar |
|---|
| 2523 | | - | 77.4days after the license holder receives notice that the license has been suspended or revoked. |
|---|
| 2524 | | - | 77.5If a request is made by personal service, it must be received by the commissioner within |
|---|
| 2525 | | - | 77.6ten calendar days after the license holder received the order. If the order is issued through |
|---|
| 2526 | | - | 77.7the provider hub, the appeal must be received by the commissioner within ten calendar days |
|---|
| 2527 | | - | 77.8from the date the commissioner issued the order through the hub. Except as provided in |
|---|
| 2528 | | - | 77.9subdivision 3, paragraph (c), if a license holder submits a timely appeal of an order |
|---|
| 2529 | | - | 77.10suspending or revoking a license, the license holder may continue to operate the program |
|---|
| 2530 | | - | 77.11as provided under section 142B.10, subdivision 14, paragraphs (i) and (j), until the |
|---|
| 2531 | | - | 77.12commissioner issues a final order on the suspension or revocation. |
|---|
| 2532 | | - | 77.13 (c)(1) If the license holder was ordered to pay a fine, the notice must inform the license |
|---|
| 2533 | | - | 77.14holder of the responsibility for payment of fines and the right to a contested case hearing |
|---|
| 2534 | | - | 77.15under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an |
|---|
| 2535 | | - | 77.16order to pay a fine must be made in writing by certified mail, by personal service, or through |
|---|
| 2536 | | - | 77.17the provider licensing and reporting hub. If mailed, the appeal must be postmarked and sent |
|---|
| 2537 | | - | 77.18to the commissioner within ten calendar days after the license holder receives notice that |
|---|
| 2538 | | - | 77.19the fine has been ordered. If a request is made by personal service, it must be received by |
|---|
| 2539 | | - | 77.20the commissioner within ten calendar days after the license holder received the order. If the |
|---|
| 2540 | | - | 77.21order is issued through the provider hub, the appeal must be received by the commissioner |
|---|
| 2541 | | - | 77.22within ten calendar days from the date the commissioner issued the order through the hub. |
|---|
| 2542 | | - | 77.23 (2) The license holder shall pay the fines assessed on or before the payment date specified. |
|---|
| 2543 | | - | 77.24If the license holder fails to fully comply with the order, the commissioner may issue a |
|---|
| 2544 | | - | 77.25second fine or suspend the license until the license holder complies. If the license holder |
|---|
| 2545 | | - | 77.26receives state funds, the state, county, or municipal agencies or departments responsible for |
|---|
| 2546 | | - | 77.27administering the funds shall withhold payments and recover any payments made while the |
|---|
| 2547 | | - | 77.28license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine |
|---|
| 2548 | | - | 77.29until the commissioner issues a final order. |
|---|
| 2549 | | - | 77.30 (3) A license holder shall promptly notify the commissioner of children, youth, and |
|---|
| 2550 | | - | 77.31families, in writing, when a violation specified in the order to forfeit a fine is corrected. If |
|---|
| 2551 | | - | 77.32upon reinspection the commissioner determines that a violation has not been corrected as |
|---|
| 2552 | | - | 77.33indicated by the order to forfeit a fine, the commissioner may issue a second fine. The |
|---|
| 2553 | | - | 77.34commissioner shall notify the license holder by certified mail, by personal service, or through |
|---|
| 2554 | | - | 77Article 5 Section 1. |
|---|
| 2555 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 78.1the provider licensing and reporting hub that a second fine has been assessed. The license |
|---|
| 2556 | | - | 78.2holder may appeal the second fine as provided under this subdivision. |
|---|
| 2557 | | - | 78.3 (4) Fines shall be assessed as follows: |
|---|
| 2558 | | - | 78.4 (i) the license holder shall forfeit $1,000 for each determination of maltreatment of a |
|---|
| 2559 | | - | 78.5child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557 |
|---|
| 2560 | | - | 78.6for which the license holder is determined responsible for the maltreatment under section |
|---|
| 2561 | | - | 78.7260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c); |
|---|
| 2562 | | - | 78.8 (ii) if the commissioner determines that a determination of maltreatment for which the |
|---|
| 2563 | | - | 78.9license holder is responsible is the result of maltreatment that meets the definition of serious |
|---|
| 2564 | | - | 78.10maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit |
|---|
| 2565 | | - | 78.11$5,000; |
|---|
| 2566 | | - | 78.12 (iii) for a program that operates out of the license holder's home and a program licensed |
|---|
| 2567 | | - | 78.13under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license |
|---|
| 2568 | | - | 78.14holder shall not exceed $1,000 for each determination of maltreatment; |
|---|
| 2569 | | - | 78.15 (iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule |
|---|
| 2570 | | - | 78.16governing matters of health, safety, or supervision, including but not limited to the provision |
|---|
| 2571 | | - | 78.17of adequate staff-to-child or adult ratios, and failure to comply with background study |
|---|
| 2572 | | - | 78.18requirements under chapter 245C; and |
|---|
| 2573 | | - | 78.19 (v) the license holder shall forfeit $500 for each occurrence of failure to comply with |
|---|
| 2574 | | - | 78.20background study requirements under chapter 245C; and |
|---|
| 2575 | | - | 78.21 (v) (vi) the license holder shall forfeit $100 for each occurrence of a violation of law or |
|---|
| 2576 | | - | 78.22rule other than those subject to a $5,000, $1,000, or $200, or $500 fine in items (i) to (iv) |
|---|
| 2577 | | - | 78.23(v). |
|---|
| 2578 | | - | 78.24 (5) When a fine has been assessed, the license holder may not avoid payment by closing, |
|---|
| 2579 | | - | 78.25selling, or otherwise transferring the licensed program to a third party. In such an event, the |
|---|
| 2580 | | - | 78.26license holder will be personally liable for payment. In the case of a corporation, each |
|---|
| 2581 | | - | 78.27controlling individual is personally and jointly liable for payment. |
|---|
| 2582 | | - | 78.28 (d) Except for background study violations involving the failure to comply with an order |
|---|
| 2583 | | - | 78.29to immediately remove an individual or an order to provide continuous, direct supervision, |
|---|
| 2584 | | - | 78.30the commissioner shall not issue a fine under paragraph (c) relating to a background study |
|---|
| 2585 | | - | 78.31violation to a license holder who self-corrects a background study violation before the |
|---|
| 2586 | | - | 78.32commissioner discovers the violation. A license holder who has previously exercised the |
|---|
| 2587 | | - | 78.33provisions of this paragraph to avoid a fine for a background study violation may not avoid |
|---|
| 2588 | | - | 78Article 5 Section 1. |
|---|
| 2589 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 79.1a fine for a subsequent background study violation unless at least 365 days have passed |
|---|
| 2590 | | - | 79.2since the license holder self-corrected the earlier background study violation. |
|---|
| 2591 | | - | 79.3 Sec. 2. [142B.68] VIDEO SECURITY CAMERAS IN CHILD CARE CENTERS. |
|---|
| 2592 | | - | 79.4 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this |
|---|
| 2593 | | - | 79.5subdivision have the meanings given. |
|---|
| 2594 | | - | 79.6 (b) "Facility" means the indoor and outdoor space in which child care is provided that |
|---|
| 2595 | | - | 79.7is owned, leased, or operated by a licensed child care center and does not include any outdoor |
|---|
| 2596 | | - | 79.8space that is not located on the same property as the licensed child care center. |
|---|
| 2597 | | - | 79.9 (c) "Video security camera" means a closed circuit video camera or other closed circuit |
|---|
| 2598 | | - | 79.10device that captures or records video. |
|---|
| 2599 | | - | 79.11 Subd. 2.Requirements for video security cameras.(a) Beginning July 1, 2026, a |
|---|
| 2600 | | - | 79.12licensed child care center must have video security cameras in public and shared areas of |
|---|
| 2601 | | - | 79.13its facility as provided under this subdivision and comply with the requirements of this |
|---|
| 2602 | | - | 79.14section if the center is required to post a maltreatment investigation memorandum under |
|---|
| 2603 | | - | 79.15section 142B.16, subdivision 5, or 142B.18, subdivision 6. A center must comply with the |
|---|
| 2604 | | - | 79.16requirements under this section within six months of when the maltreatment investigation |
|---|
| 2605 | | - | 79.17memorandum is posted and must maintain compliance for the length of time the |
|---|
| 2606 | | - | 79.18memorandum is required to be posted. |
|---|
| 2607 | | - | 79.19 (b) A licensed child care center must have at least one video security camera in each |
|---|
| 2608 | | - | 79.20room designated for infants or toddlers. The camera must be positioned to provide maximum |
|---|
| 2609 | | - | 79.21visibility of the room. If one camera is not sufficient to view at least 80 percent of the square |
|---|
| 2610 | | - | 79.22footage of the room, the center must place an additional camera or cameras in the room to |
|---|
| 2611 | | - | 79.23achieve maximum visibility of the room. |
|---|
| 2612 | | - | 79.24 (c) A licensed child care center must have a sufficient number of video security cameras |
|---|
| 2613 | | - | 79.25to provide visibility of all the facility's outdoor recreational equipment used by infants or |
|---|
| 2614 | | - | 79.26toddlers and at least 80 percent of the square footage of the facility's fenced-in outdoor space |
|---|
| 2615 | | - | 79.27used by infants or toddlers. |
|---|
| 2616 | | - | 79.28 (d) The video security cameras must: |
|---|
| 2617 | | - | 79.29 (1) be turned on and recording at all times the licensed child care center is in operation; |
|---|
| 2618 | | - | 79.30 (2) record and display the accurate date and time; |
|---|
| 2619 | | - | 79.31 (3) have a display resolution of 720p or higher; and |
|---|
| 2620 | | - | 79.32 (4) have a frames per second rate of 15 or higher. |
|---|
| 2621 | | - | 79Article 5 Sec. 2. |
|---|
| 2622 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 80.1 (e) A licensed child care center is exempt from having cameras that meet the requirements |
|---|
| 2623 | | - | 80.2under paragraph (d), clauses (2), (3), and (4), if the center has cameras as required in |
|---|
| 2624 | | - | 80.3paragraphs (b) and (c) prior to July 1, 2025. |
|---|
| 2625 | | - | 80.4 Subd. 3.Retention and disposal of recordings; access to recordings.(a) A licensed |
|---|
| 2626 | | - | 80.5child care center must retain video security camera recordings for 60 calendar days after |
|---|
| 2627 | | - | 80.6the date of the recording. Except as provided under paragraphs (b), (c), and (d), a licensed |
|---|
| 2628 | | - | 80.7child care center must dispose of video security camera recordings after 60 calendar days. |
|---|
| 2629 | | - | 80.8 (b) A licensed child care center that receives notice from a law enforcement official of |
|---|
| 2630 | | - | 80.9a suspected crime committed against a child at the center may not dispose of any video |
|---|
| 2631 | | - | 80.10security camera recordings until the law enforcement investigation of the suspected crime |
|---|
| 2632 | | - | 80.11is complete. |
|---|
| 2633 | | - | 80.12 (c) A licensed child care center must retain video security camera recordings related to |
|---|
| 2634 | | - | 80.13an incident that the center must report to the commissioner under Minnesota Rules, part |
|---|
| 2635 | | - | 80.149503.0130, for six months from the date of the incident. |
|---|
| 2636 | | - | 80.15 (d) A licensed child care center may retain video security camera recordings to use for |
|---|
| 2637 | | - | 80.16training center employees. Any recordings used for training purposes must redact, as defined |
|---|
| 2638 | | - | 80.17under section 13.825, subdivision 1, identifying information on children shown or heard in |
|---|
| 2639 | | - | 80.18the recording, unless a parent or legal guardian has provided written consent providing that |
|---|
| 2640 | | - | 80.19the center may use unredacted recordings of the parent's or guardian's child. |
|---|
| 2641 | | - | 80.20 (e) A licensed child care center must adhere to additional requirements issued by the |
|---|
| 2642 | | - | 80.21commissioner regarding retention and disposal of video security camera recordings. |
|---|
| 2643 | | - | 80.22 (f) A licensed child care center must establish appropriate security safeguards for video |
|---|
| 2644 | | - | 80.23security camera recordings, including procedures for ensuring that the recordings are only |
|---|
| 2645 | | - | 80.24accessible to persons whose work assignment reasonably requires access to the recordings, |
|---|
| 2646 | | - | 80.25and are only accessed by those persons for purposes described in the procedure. All queries |
|---|
| 2647 | | - | 80.26and responses, and all actions in which the recordings are accessed, shared, or disseminated, |
|---|
| 2648 | | - | 80.27must be recorded in a data audit trail. Data contained in the audit trail are subject to the |
|---|
| 2649 | | - | 80.28same requirements as the underlying recording under this section. |
|---|
| 2650 | | - | 80.29 Subd. 4.Dissemination of recordings.(a) A licensed child care center may not sell, |
|---|
| 2651 | | - | 80.30share, transmit, or disseminate a video security camera recording to any person except as |
|---|
| 2652 | | - | 80.31authorized by this subdivision. |
|---|
| 2653 | | - | 80Article 5 Sec. 2. |
|---|
| 2654 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 81.1 (b) A child care center must disseminate a video security camera recording pursuant to |
|---|
| 2655 | | - | 81.2a valid court order, search warrant, or subpoena in a civil, criminal, or administrative |
|---|
| 2656 | | - | 81.3proceeding, including an investigation by the commissioner. |
|---|
| 2657 | | - | 81.4 (c) A licensed child care center must establish a process by which a parent or legal |
|---|
| 2658 | | - | 81.5guardian may review, but not obtain a copy of, a video security camera recording if the |
|---|
| 2659 | | - | 81.6parent or guardian provides documentation from a physician of a child's physical injury. |
|---|
| 2660 | | - | 81.7 (d) An employee of a licensed child care center who is the subject of proposed disciplinary |
|---|
| 2661 | | - | 81.8action by the center based upon evidence obtained by a video security camera must be given |
|---|
| 2662 | | - | 81.9access to that evidence for purposes of defending against the proposed action. An employee |
|---|
| 2663 | | - | 81.10who obtains a recording or a copy of the recording must treat the recording or copy |
|---|
| 2664 | | - | 81.11confidentially and must not further disseminate it to any other person except as required |
|---|
| 2665 | | - | 81.12under law. The employee must not keep the recording or copy or a portion of the recording |
|---|
| 2666 | | - | 81.13or copy after it is no longer needed for purposes of defending against a proposed action. |
|---|
| 2667 | | - | 81.14 Subd. 5.Exception.Notwithstanding the requirement to have closed circuit video security |
|---|
| 2668 | | - | 81.15cameras under this section and subdivision 4, paragraph (a), a licensed child care center |
|---|
| 2669 | | - | 81.16that, as of July 1, 2025, provided remote viewing of video footage for parents and legal |
|---|
| 2670 | | - | 81.17guardians may continue to do so in the same manner. |
|---|
| 2671 | | - | 81.18 Subd. 6.Hold harmless.(a) The commissioner may not issue a fix-it ticket, correction |
|---|
| 2672 | | - | 81.19order, or order of conditional license against a child care center license holder for a licensing |
|---|
| 2673 | | - | 81.20violation that does not imminently endanger the health or safety of the children served by |
|---|
| 2674 | | - | 81.21the center, if the only source of evidence for the violation is video security camera recordings |
|---|
| 2675 | | - | 81.22reviewed as part of an investigation under subdivision 4, paragraph (b). This paragraph |
|---|
| 2676 | | - | 81.23expires upon implementation of the child care weighted risk system under section 142B.171. |
|---|
| 2677 | | - | 81.24The commissioner shall notify the revisor of statutes when the system has been implemented. |
|---|
| 2678 | | - | 81.25 (b) Upon implementation of the child care weighted risk system under section 142B.171, |
|---|
| 2679 | | - | 81.26the commissioner may not take a licensing action against a child care center license holder |
|---|
| 2680 | | - | 81.27for a violation that counts as 6.5 or below for a child care center in the weighted risk system, |
|---|
| 2681 | | - | 81.28if the only source of evidence for the violation is video security camera recordings reviewed |
|---|
| 2682 | | - | 81.29as part of an investigation under subdivision 4, paragraph (b). |
|---|
| 2683 | | - | 81.30 Subd. 7.Written policy required.A licensed child care center must have a written |
|---|
| 2684 | | - | 81.31policy on the center's use of video security cameras that includes the following: |
|---|
| 2685 | | - | 81.32 (1) the days and times the video security cameras in the facility are in use; |
|---|
| 2686 | | - | 81.33 (2) the locations of all areas monitored by video security cameras in the facility; |
|---|
| 2687 | | - | 81Article 5 Sec. 2. |
|---|
| 2688 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 82.1 (3) the center's retention and disposal policies and procedures for the video security |
|---|
| 2689 | | - | 82.2camera recordings; |
|---|
| 2690 | | - | 82.3 (4) the center's policies governing access to the video security camera recordings; and |
|---|
| 2691 | | - | 82.4 (5) the center's security safeguards and procedures regarding employee access to the |
|---|
| 2692 | | - | 82.5recordings. |
|---|
| 2693 | | - | 82.6 Subd. 8.Notices.(a) A licensed child care center must notify all parents and legal |
|---|
| 2694 | | - | 82.7guardians who apply to enroll or enroll a child in the center about the use of video security |
|---|
| 2695 | | - | 82.8cameras in the facility. At the time of a child's enrollment, the center must provide parents |
|---|
| 2696 | | - | 82.9and legal guardians with the video security camera policy required under subdivision 7. |
|---|
| 2697 | | - | 82.10 (b) A licensed child care center must post a sign at each facility entrance accessible to |
|---|
| 2698 | | - | 82.11visitors that states: "Video security cameras are present to record persons and activities." |
|---|
| 2699 | | - | 82.12 Subd. 9.Data practices.Video footage collected or maintained by the commissioner |
|---|
| 2700 | | - | 82.13under this section is classified as welfare data under section 13.46. |
|---|
| 2701 | | - | 82.14 Subd. 10.Annual audit.If a licensed child care center is required to have video security |
|---|
| 2702 | | - | 82.15cameras under this section, the commissioner must conduct, as part of the annual licensing |
|---|
| 2703 | | - | 82.16inspection required under this chapter, an audit to determine whether the center's use of |
|---|
| 2704 | | - | 82.17video security cameras complies with the requirements of this section, including but not |
|---|
| 2705 | | - | 82.18limited to all requirements in subdivision 3. |
|---|
| 2706 | | - | 82.19Sec. 3. Minnesota Statutes 2024, section 142D.21, subdivision 10, is amended to read: |
|---|
| 2707 | | - | 82.20 Subd. 10.Account; carryforward authority.Money appropriated under this section |
|---|
| 2708 | | - | 82.21is available until expended. (a) An account is established in the special revenue fund known |
|---|
| 2709 | | - | 82.22as the great start compensation support payment program account. |
|---|
| 2710 | | - | 82.23 (b) Money appropriated under this section must be transferred to the great start |
|---|
| 2711 | | - | 82.24compensation support payment program account in the special revenue fund. |
|---|
| 2712 | | - | 82.25 (c) Money in the account is annually appropriated to the commissioner for the purposes |
|---|
| 2713 | | - | 82.26of this section. Any returned funds are available to be regranted. |
|---|
| 2714 | | - | 82.27Sec. 4. Minnesota Statutes 2024, section 142D.23, subdivision 3, is amended to read: |
|---|
| 2715 | | - | 82.28 Subd. 3.Eligible uses of money.Grantees must use money received under this section, |
|---|
| 2716 | | - | 82.29either directly or through grants to eligible child care providers, for one or more of the |
|---|
| 2717 | | - | 82.30following purposes: |
|---|
| 2718 | | - | 82.31 (1) the purchase of computers or mobile devices for use in business management; |
|---|
| 2719 | | - | 82Article 5 Sec. 4. |
|---|
| 2720 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 83.1 (2) access to the Internet through the provision of necessary hardware such as routers |
|---|
| 2721 | | - | 83.2or modems or by covering the costs of monthly fees for Internet access; |
|---|
| 2722 | | - | 83.3 (3) covering the costs of subscription to child care management software; |
|---|
| 2723 | | - | 83.4 (4) covering the costs of training in the use of technology for business management |
|---|
| 2724 | | - | 83.5purposes; or |
|---|
| 2725 | | - | 83.6 (5) providing grants for up to $4,000 to licensed child care centers to help cover the |
|---|
| 2726 | | - | 83.7costs of video security cameras and related training; or |
|---|
| 2727 | | - | 83.8 (5) (6) other services as determined by the commissioner. |
|---|
| 2728 | | - | 83.9 Sec. 5. Minnesota Statutes 2024, section 142D.31, subdivision 2, is amended to read: |
|---|
| 2729 | | - | 83.10 Subd. 2.Program components.(a) The nonprofit organization must use the grant for: |
|---|
| 2730 | | - | 83.11 (1) tuition scholarships up to $10,000 per year in amounts per year consistent with the |
|---|
| 2731 | | - | 83.12national TEACH early childhood program requirements for courses leading to the nationally |
|---|
| 2732 | | - | 83.13recognized child development associate credential or college-level courses leading to an |
|---|
| 2733 | | - | 83.14associate's degree or bachelor's degree in early childhood development and school-age care; |
|---|
| 2734 | | - | 83.15and |
|---|
| 2735 | | - | 83.16 (2) education incentives of a minimum of $250 to participants in the tuition scholarship |
|---|
| 2736 | | - | 83.17program if they complete a year of working in the early care and education field. |
|---|
| 2737 | | - | 83.18 (b) Applicants for the scholarship must be employed by a licensed or certified early |
|---|
| 2738 | | - | 83.19childhood or child care program and working directly with children, a licensed family child |
|---|
| 2739 | | - | 83.20care provider, employed by a public prekindergarten program, employed by a Head Start |
|---|
| 2740 | | - | 83.21program, or an employee in a school-age program exempt from licensing under section |
|---|
| 2741 | | - | 83.22142B.05, subdivision 2, paragraph (a), clause (8). Lower wage earners must be given priority |
|---|
| 2742 | | - | 83.23in awarding the tuition scholarships. Scholarship recipients must contribute at least ten |
|---|
| 2743 | | - | 83.24percent of the total scholarship and must be sponsored by their employers, who must also |
|---|
| 2744 | | - | 83.25contribute at least five percent of the total scholarship. Scholarship recipients who are |
|---|
| 2745 | | - | 83.26self-employed work in licensed family child care under Minnesota Rules, chapter 9502, |
|---|
| 2746 | | - | 83.27must contribute 20 at least ten percent of the total scholarship and are not required to receive |
|---|
| 2747 | | - | 83.28employer sponsorship or employer match. |
|---|
| 2748 | | - | 83.29Sec. 6. Minnesota Statutes 2024, section 142E.03, subdivision 3, is amended to read: |
|---|
| 2749 | | - | 83.30 Subd. 3.Redeterminations.(a) Notwithstanding Minnesota Rules, part 3400.0180, item |
|---|
| 2750 | | - | 83.31A, the county shall conduct a redetermination according to paragraphs (b) and (c). |
|---|
| 2751 | | - | 83Article 5 Sec. 6. |
|---|
| 2752 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 84.1 (b) The county shall use the redetermination form developed by the commissioner. The |
|---|
| 2753 | | - | 84.2county must verify the factors listed in subdivision 1, paragraph (a), as part of the |
|---|
| 2754 | | - | 84.3redetermination. |
|---|
| 2755 | | - | 84.4 (c) An applicant's eligibility must be redetermined no more frequently than every 12 |
|---|
| 2756 | | - | 84.5months. The following criteria apply: |
|---|
| 2757 | | - | 84.6 (1) a family meets the eligibility redetermination requirements if a complete |
|---|
| 2758 | | - | 84.7redetermination form and all required verifications are received within 30 days after the |
|---|
| 2759 | | - | 84.8date the form was due; |
|---|
| 2760 | | - | 84.9 (2) if the 30th day after the date the form was due falls on a Saturday, Sunday, or holiday, |
|---|
| 2761 | | - | 84.10the 30-day time period is extended to include the next day that is not a Saturday, Sunday, |
|---|
| 2762 | | - | 84.11or holiday. Assistance shall be payable retroactively from the redetermination due date; |
|---|
| 2763 | | - | 84.12 (3) for a family where at least one parent is younger than 21 years of age, does not have |
|---|
| 2764 | | - | 84.13a high school degree or commissioner of education-selected high school equivalency |
|---|
| 2765 | | - | 84.14certification, and is a student in a school district or another similar program that provides |
|---|
| 2766 | | - | 84.15or arranges for child care, parenting, social services, career and employment supports, and |
|---|
| 2767 | | - | 84.16academic support to achieve high school graduation, the redetermination of eligibility may |
|---|
| 2768 | | - | 84.17be deferred beyond 12 months, to the end of the student's school year; and |
|---|
| 2769 | | - | 84.18 (4) starting May 25, 2026, if a new eligible child is added to the family and has care |
|---|
| 2770 | | - | 84.19authorized, the redetermination of eligibility must be extended 12 months from the eligible |
|---|
| 2771 | | - | 84.20child's arrival date; and |
|---|
| 2772 | | - | 84.21 (4) (5) a family and the family's providers must be notified that the family's |
|---|
| 2773 | | - | 84.22redetermination is due at least 45 days before the end of the family's 12-month eligibility |
|---|
| 2774 | | - | 84.23period. |
|---|
| 2775 | | - | 84.24Sec. 7. Minnesota Statutes 2024, section 142E.11, subdivision 1, is amended to read: |
|---|
| 2776 | | - | 84.25 Subdivision 1.General authorization requirements.(a) When authorizing the amount |
|---|
| 2777 | | - | 84.26of child care, the county agency must consider the amount of time the parent reports on the |
|---|
| 2778 | | - | 84.27application or redetermination form that the child attends preschool, a Head Start program, |
|---|
| 2779 | | - | 84.28or school while the parent is participating in an authorized activity. |
|---|
| 2780 | | - | 84.29 (b) Care must be authorized and scheduled with a provider based on the applicant's or |
|---|
| 2781 | | - | 84.30participant's verified activity schedule when: |
|---|
| 2782 | | - | 84.31 (1) the family requests care from more than one provider per child; |
|---|
| 2783 | | - | 84.32 (2) the family requests care from a legal nonlicensed provider; or |
|---|
| 2784 | | - | 84Article 5 Sec. 7. |
|---|
| 2785 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 85.1 (3) an applicant or participant is employed by any child care center that is licensed by |
|---|
| 2786 | | - | 85.2the Department of Children, Youth, and Families or has been identified as a high-risk |
|---|
| 2787 | | - | 85.3Medicaid-enrolled provider. |
|---|
| 2788 | | - | 85.4This paragraph expires March 2, 2026. |
|---|
| 2789 | | - | 85.5 (c) If the family remains eligible at redetermination, a new authorization with fewer |
|---|
| 2790 | | - | 85.6hours, the same hours, or increased hours may be determined. |
|---|
| 2791 | | - | 85.7 Sec. 8. Minnesota Statutes 2024, section 142E.11, subdivision 2, is amended to read: |
|---|
| 2792 | | - | 85.8 Subd. 2.Maintain steady child care authorizations.(a) Notwithstanding Minnesota |
|---|
| 2793 | | - | 85.9Rules, chapter 3400, the amount of child care authorized under section 142E.12 for |
|---|
| 2794 | | - | 85.10employment, education, or an MFIP employment plan shall continue at the same number |
|---|
| 2795 | | - | 85.11of hours or more hours until redetermination, including: |
|---|
| 2796 | | - | 85.12 (1) when the other parent moves in and is employed or has an education plan under |
|---|
| 2797 | | - | 85.13section 142E.12, subdivision 3, or has an MFIP employment plan; or |
|---|
| 2798 | | - | 85.14 (2) when the participant's work hours are reduced or a participant temporarily stops |
|---|
| 2799 | | - | 85.15working or attending an approved education program. Temporary changes include, but are |
|---|
| 2800 | | - | 85.16not limited to, a medical leave, seasonal employment fluctuations, or a school break between |
|---|
| 2801 | | - | 85.17semesters. |
|---|
| 2802 | | - | 85.18 (b) The county may increase the amount of child care authorized at any time if the |
|---|
| 2803 | | - | 85.19participant verifies the need for increased hours for authorized activities. |
|---|
| 2804 | | - | 85.20 (c) The county may reduce the amount of child care authorized if a parent requests a |
|---|
| 2805 | | - | 85.21reduction or because of a change in: |
|---|
| 2806 | | - | 85.22 (1) the child's school schedule; |
|---|
| 2807 | | - | 85.23 (2) the custody schedule; or |
|---|
| 2808 | | - | 85.24 (3) the provider's availability. |
|---|
| 2809 | | - | 85.25 (d) The amount of child care authorized for a family subject to subdivision 1, paragraph |
|---|
| 2810 | | - | 85.26(b), must change when the participant's activity schedule changes. Paragraph (a) does not |
|---|
| 2811 | | - | 85.27apply to a family subject to subdivision 1, paragraph (b). This paragraph expires March 2, |
|---|
| 2812 | | - | 85.282026. |
|---|
| 2813 | | - | 85.29 (e) When a child reaches 13 years of age or a child with a disability reaches 15 years of |
|---|
| 2814 | | - | 85.30age, the amount of child care authorized shall continue at the same number of hours or more |
|---|
| 2815 | | - | 85.31hours until redetermination. |
|---|
| 2816 | | - | 85Article 5 Sec. 8. |
|---|
| 2817 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 86.1 Sec. 9. Minnesota Statutes 2024, section 142E.13, subdivision 2, is amended to read: |
|---|
| 2818 | | - | 86.2 Subd. 2.Extended eligibility and redetermination.(a) If the family received three |
|---|
| 2819 | | - | 86.3months of extended eligibility and redetermination is not due, to continue receiving child |
|---|
| 2820 | | - | 86.4care assistance the participant must be employed or have an education plan that meets the |
|---|
| 2821 | | - | 86.5requirements of section 142E.12, subdivision 3, or have an MFIP employment plan. |
|---|
| 2822 | | - | 86.6Notwithstanding Minnesota Rules, part 3400.0110, if child care assistance continues, the |
|---|
| 2823 | | - | 86.7amount of child care authorized shall continue at the same number or more hours until |
|---|
| 2824 | | - | 86.8redetermination, unless a condition in section 142E.11, subdivision 2, paragraph (c), applies. |
|---|
| 2825 | | - | 86.9A family subject to section 142E.11, subdivision 1, paragraph (b), shall have child care |
|---|
| 2826 | | - | 86.10authorized based on a verified activity schedule. |
|---|
| 2827 | | - | 86.11 (b) If the family's redetermination occurs before the end of the three-month extended |
|---|
| 2828 | | - | 86.12eligibility period to continue receiving child care assistance, the participant must verify that |
|---|
| 2829 | | - | 86.13the participant meets eligibility and activity requirements for child care assistance under |
|---|
| 2830 | | - | 86.14this chapter. If child care assistance continues, the amount of child care authorized is based |
|---|
| 2831 | | - | 86.15on section 142E.12. A family subject to section 142E.11, subdivision 1, paragraph (b), shall |
|---|
| 2832 | | - | 86.16have child care authorized based on a verified activity schedule. |
|---|
| 2833 | | - | 86.17 EFFECTIVE DATE.This section is effective May 25, 2026. |
|---|
| 2834 | | - | 86.18Sec. 10. Minnesota Statutes 2024, section 142E.15, subdivision 1, is amended to read: |
|---|
| 2835 | | - | 86.19 Subdivision 1.Fee schedule.All changes to parent fees must be implemented on the |
|---|
| 2836 | | - | 86.20first Monday of the service period following the effective date of the change. |
|---|
| 2837 | | - | 86.21 PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted in |
|---|
| 2838 | | - | 86.22subdivision 2: |
|---|
| 2839 | | - | Co-payment (as a percentage of adjusted |
|---|
| 34 | + | The bill was read for the first time and referred to the Committee on Children and Families Finance and Policy 2.1subdivision is insufficient, the commissioner shall prorate the available amount among |
|---|
| 35 | + | 2.2eligible districts. The state is not obligated for any additional amounts. |
|---|
| 36 | + | 2.3 (b) Transfers for aids paid under section 127A.45, subdivisions 12 and 13, shall be made |
|---|
| 37 | + | 2.4during the fiscal year after the fiscal year of the entitlement. Transfers for aids paid under |
|---|
| 38 | + | 2.5section 127A.45, subdivisions 11 and 12a, shall be made during the fiscal year of the |
|---|
| 39 | + | 2.6appropriation. |
|---|
| 40 | + | 2.7 Sec. 2. Minnesota Statutes 2024, section 127A.41, subdivision 9, is amended to read: |
|---|
| 41 | + | 2.8 Subd. 9.Appropriation transfers for community education programs.If a direct |
|---|
| 42 | + | 2.9appropriation from the general fund to the Department of Education for an education aid |
|---|
| 43 | + | 2.10or grant authorized under section 124D.135, 124D.16, 124D.20, 124D.22, 124D.52, |
|---|
| 44 | + | 2.11124D.531, 124D.55, or 124D.56 exceeds the amount required, the commissioner of education |
|---|
| 45 | + | 2.12may transfer the excess to any education aid or grant appropriation that is insufficiently |
|---|
| 46 | + | 2.13funded under these sections. Excess appropriations shall be allocated proportionately among |
|---|
| 47 | + | 2.14aids or grants that have insufficient appropriations. The commissioner of management and |
|---|
| 48 | + | 2.15budget shall make the necessary transfers among appropriations according to the |
|---|
| 49 | + | 2.16determinations of the commissioner of education. If the amount of the direct appropriation |
|---|
| 50 | + | 2.17for the aid or grant plus the amount transferred according to this subdivision is insufficient, |
|---|
| 51 | + | 2.18the commissioner shall prorate the available amount among eligible districts. The state is |
|---|
| 52 | + | 2.19not obligated for any additional amounts. |
|---|
| 53 | + | 2.20 Sec. 3. Minnesota Statutes 2024, section 127A.45, subdivision 13, is amended to read: |
|---|
| 54 | + | 2.21 Subd. 13.Aid payment percentage.Except as provided in subdivisions 11, 12, 12a, |
|---|
| 55 | + | 2.2214, and 14a, each fiscal year, all education aids and credits in this chapter and; chapters |
|---|
| 56 | + | 2.23120A, 120B, 121A, 122A, 123A, 123B, 124D, 124E, 125A, 125B, 126C, and 134,; and |
|---|
| 57 | + | 2.24section sections 142D.06, 142D.093, 142D.11, and 273.1392, shall be paid at the current |
|---|
| 58 | + | 2.25year aid payment percentage of the estimated entitlement during the fiscal year of the |
|---|
| 59 | + | 2.26entitlement. For the purposes of this subdivision, a district's estimated entitlement for special |
|---|
| 60 | + | 2.27education aid under section 125A.76 for fiscal year 2014 and later equals 97.4 percent of |
|---|
| 61 | + | 2.28the district's entitlement for the current fiscal year. The final adjustment payment, according |
|---|
| 62 | + | 2.29to subdivision 9, must be the amount of the actual entitlement, after adjustment for actual |
|---|
| 63 | + | 2.30data, minus the payments made during the fiscal year of the entitlement. |
|---|
| 64 | + | 2Article 1 Sec. 3. |
|---|
| 65 | + | REVISOR DTT/EN 25-0438702/26/25 3.1 Sec. 4. Minnesota Statutes 2024, section 142A.03, subdivision 2, is amended to read: |
|---|
| 66 | + | 3.2 Subd. 2.Duties of the commissioner.(a) The commissioner may apply for and accept |
|---|
| 67 | + | 3.3on behalf of the state any grants, bequests, gifts, or contributions for the purpose of carrying |
|---|
| 68 | + | 3.4out the duties and responsibilities of the commissioner. Any money received under this |
|---|
| 69 | + | 3.5paragraph is appropriated and dedicated for the purpose for which the money is granted. |
|---|
| 70 | + | 3.6The commissioner must biennially report to the chairs and ranking minority members of |
|---|
| 71 | + | 3.7relevant legislative committees and divisions by January 15 of each even-numbered year a |
|---|
| 72 | + | 3.8list of all grants and gifts received under this subdivision. |
|---|
| 73 | + | 3.9 (b) Pursuant to law, the commissioner may apply for and receive money made available |
|---|
| 74 | + | 3.10from federal sources for the purpose of carrying out the duties and responsibilities of the |
|---|
| 75 | + | 3.11commissioner. |
|---|
| 76 | + | 3.12 (c) The commissioner may make contracts with and grants to Tribal Nations, public and |
|---|
| 77 | + | 3.13private agencies, for-profit and nonprofit organizations, and individuals using appropriated |
|---|
| 78 | + | 3.14money. |
|---|
| 79 | + | 3.15 (d) The commissioner must develop program objectives and performance measures for |
|---|
| 80 | + | 3.16evaluating progress toward achieving the objectives. The commissioner must identify the |
|---|
| 81 | + | 3.17objectives, performance measures, and current status of achieving the measures in a biennial |
|---|
| 82 | + | 3.18report to the chairs and ranking minority members of relevant legislative committees and |
|---|
| 83 | + | 3.19divisions. The report is due no later than January 15 each even-numbered year. The report |
|---|
| 84 | + | 3.20must include, when possible, the following objectives: |
|---|
| 85 | + | 3.21 (1) centering and including the lived experiences of children and youth, including those |
|---|
| 86 | + | 3.22with disabilities and mental illness and their families, in all aspects of the department's work; |
|---|
| 87 | + | 3.23 (2) increasing the effectiveness of the department's programs in addressing the needs of |
|---|
| 88 | + | 3.24children and youth facing racial, economic, or geographic inequities; |
|---|
| 89 | + | 3.25 (3) increasing coordination and reducing inefficiencies among the department's programs |
|---|
| 90 | + | 3.26and the funding sources that support the programs; |
|---|
| 91 | + | 3.27 (4) increasing the alignment and coordination of family access to child care and early |
|---|
| 92 | + | 3.28learning programs and improving systems of support for early childhood and learning |
|---|
| 93 | + | 3.29providers and services; |
|---|
| 94 | + | 3.30 (5) improving the connection between the department's programs and the kindergarten |
|---|
| 95 | + | 3.31through grade 12 and higher education systems; and |
|---|
| 96 | + | 3.32 (6) minimizing and streamlining the effort required of youth and families to receive |
|---|
| 97 | + | 3.33services to which the youth and families are entitled. |
|---|
| 98 | + | 3Article 1 Sec. 4. |
|---|
| 99 | + | REVISOR DTT/EN 25-0438702/26/25 4.1 (e) The commissioner shall administer and supervise the forms of public assistance and |
|---|
| 100 | + | 4.2other activities or services that are vested in the commissioner. Administration and |
|---|
| 101 | + | 4.3supervision of activities or services includes but is not limited to assuring timely and accurate |
|---|
| 102 | + | 4.4distribution of benefits, completeness of service, and quality program management. In |
|---|
| 103 | + | 4.5addition to administering and supervising activities vested by law in the department, the |
|---|
| 104 | + | 4.6commissioner has the authority to: |
|---|
| 105 | + | 4.7 (1) require county agency participation in training and technical assistance programs to |
|---|
| 106 | + | 4.8promote compliance with statutes, rules, federal laws, regulations, and policies governing |
|---|
| 107 | + | 4.9the programs and activities administered by the commissioner; |
|---|
| 108 | + | 4.10 (2) monitor, on an ongoing basis, the performance of county agencies in the operation |
|---|
| 109 | + | 4.11and administration of activities and programs; enforce compliance with statutes, rules, |
|---|
| 110 | + | 4.12federal laws, regulations, and policies governing welfare services; and promote excellence |
|---|
| 111 | + | 4.13of administration and program operation; |
|---|
| 112 | + | 4.14 (3) develop a quality control program or other monitoring program to review county |
|---|
| 113 | + | 4.15performance and accuracy of benefit determinations; |
|---|
| 114 | + | 4.16 (4) require county agencies to make an adjustment to the public assistance benefits issued |
|---|
| 115 | + | 4.17to any individual consistent with federal law and regulation and state law and rule and to |
|---|
| 116 | + | 4.18issue or recover benefits as appropriate; |
|---|
| 117 | + | 4.19 (5) delay or deny payment of all or part of the state and federal share of benefits and |
|---|
| 118 | + | 4.20administrative reimbursement according to the procedures set forth in section 142A.10; |
|---|
| 119 | + | 4.21 (6) make contracts with and grants to public and private agencies and organizations, |
|---|
| 120 | + | 4.22both for-profit and nonprofit, and individuals, using appropriated funds; and |
|---|
| 121 | + | 4.23 (7) enter into contractual agreements with federally recognized Indian Tribes with a |
|---|
| 122 | + | 4.24reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved |
|---|
| 123 | + | 4.25family assistance program or any other program under the supervision of the commissioner. |
|---|
| 124 | + | 4.26The commissioner shall consult with the affected county or counties in the contractual |
|---|
| 125 | + | 4.27agreement negotiations, if the county or counties wish to be included, in order to avoid the |
|---|
| 126 | + | 4.28duplication of county and Tribal assistance program services. The commissioner may |
|---|
| 127 | + | 4.29establish necessary accounts for the purposes of receiving and disbursing funds as necessary |
|---|
| 128 | + | 4.30for the operation of the programs. |
|---|
| 129 | + | 4.31The commissioner shall work in conjunction with the commissioner of human services to |
|---|
| 130 | + | 4.32carry out the duties of this paragraph when necessary and feasible. |
|---|
| 131 | + | 4Article 1 Sec. 4. |
|---|
| 132 | + | REVISOR DTT/EN 25-0438702/26/25 5.1 (f) The commissioner shall inform county agencies, on a timely basis, of changes in |
|---|
| 133 | + | 5.2statute, rule, federal law, regulation, and policy necessary to county agency administration |
|---|
| 134 | + | 5.3of the programs and activities administered by the commissioner. |
|---|
| 135 | + | 5.4 (g) The commissioner shall administer and supervise child welfare activities, including |
|---|
| 136 | + | 5.5promoting the enforcement of laws preventing child maltreatment and protecting children |
|---|
| 137 | + | 5.6with a disability and children who are in need of protection or services, licensing and |
|---|
| 138 | + | 5.7supervising child care and child-placing agencies, and supervising the care of children in |
|---|
| 139 | + | 5.8foster care. The commissioner shall coordinate with the commissioner of human services |
|---|
| 140 | + | 5.9on activities impacting children overseen by the Department of Human Services, such as |
|---|
| 141 | + | 5.10disability services, behavioral health, and substance use disorder treatment. |
|---|
| 142 | + | 5.11 (h) The commissioner shall assist and cooperate with local, state, and federal departments, |
|---|
| 143 | + | 5.12agencies, and institutions. |
|---|
| 144 | + | 5.13 (i) The commissioner shall establish and maintain any administrative units reasonably |
|---|
| 145 | + | 5.14necessary for the performance of administrative functions common to all divisions of the |
|---|
| 146 | + | 5.15department. |
|---|
| 147 | + | 5.16 (j) The commissioner shall act as designated guardian of children pursuant to chapter |
|---|
| 148 | + | 5.17260C. For children under the guardianship of the commissioner or a Tribe in Minnesota |
|---|
| 149 | + | 5.18recognized by the Secretary of the Interior whose interests would be best served by adoptive |
|---|
| 150 | + | 5.19placement, the commissioner may contract with a licensed child-placing agency or a |
|---|
| 151 | + | 5.20Minnesota Tribal social services agency to provide adoption services. For children in |
|---|
| 152 | + | 5.21out-of-home care whose interests would be best served by a transfer of permanent legal and |
|---|
| 153 | + | 5.22physical custody to a relative under section 260C.515, subdivision 4, or equivalent in Tribal |
|---|
| 154 | + | 5.23code, the commissioner may contract with a licensed child-placing agency or a Minnesota |
|---|
| 155 | + | 5.24Tribal social services agency to provide permanency services. A contract with a licensed |
|---|
| 156 | + | 5.25child-placing agency must be designed to supplement existing county efforts and may not |
|---|
| 157 | + | 5.26replace existing county programs or Tribal social services, unless the replacement is agreed |
|---|
| 158 | + | 5.27to by the county board and the appropriate exclusive bargaining representative, Tribal |
|---|
| 159 | + | 5.28governing body, or the commissioner has evidence that child placements of the county |
|---|
| 160 | + | 5.29continue to be substantially below that of other counties. Funds encumbered and obligated |
|---|
| 161 | + | 5.30under an agreement for a specific child shall remain available until the terms of the agreement |
|---|
| 162 | + | 5.31are fulfilled or the agreement is terminated. |
|---|
| 163 | + | 5.32 (k) The commissioner has the authority to conduct and administer experimental projects |
|---|
| 164 | + | 5.33to test methods and procedures of administering assistance and services to recipients or |
|---|
| 165 | + | 5.34potential recipients of public benefits. To carry out the experimental projects, the |
|---|
| 166 | + | 5Article 1 Sec. 4. |
|---|
| 167 | + | REVISOR DTT/EN 25-0438702/26/25 6.1commissioner may waive the enforcement of existing specific statutory program |
|---|
| 168 | + | 6.2requirements, rules, and standards in one or more counties. The order establishing the waiver |
|---|
| 169 | + | 6.3must provide alternative methods and procedures of administration and must not conflict |
|---|
| 170 | + | 6.4with the basic purposes, coverage, or benefits provided by law. No project under this |
|---|
| 171 | + | 6.5paragraph shall exceed four years. No order establishing an experimental project as authorized |
|---|
| 172 | + | 6.6by this paragraph is effective until the following conditions have been met: |
|---|
| 173 | + | 6.7 (1) the United States Secretary of Health and Human Services has agreed, for the same |
|---|
| 174 | + | 6.8project, to waive state plan requirements relative to statewide uniformity; and |
|---|
| 175 | + | 6.9 (2) a comprehensive plan, including estimated project costs, has been approved by the |
|---|
| 176 | + | 6.10Legislative Advisory Commission and filed with the commissioner of administration. |
|---|
| 177 | + | 6.11 (l) The commissioner shall, according to federal requirements and in coordination with |
|---|
| 178 | + | 6.12the commissioner of human services, establish procedures to be followed by local welfare |
|---|
| 179 | + | 6.13boards in creating citizen advisory committees, including procedures for selection of |
|---|
| 180 | + | 6.14committee members. |
|---|
| 181 | + | 6.15 (m) The commissioner shall allocate federal fiscal disallowances or sanctions that are |
|---|
| 182 | + | 6.16based on quality control error rates for the aid to families with dependent children (AFDC) |
|---|
| 183 | + | 6.17program formerly codified in sections 256.72 to 256.87 or the Supplemental Nutrition |
|---|
| 184 | + | 6.18Assistance Program (SNAP) in the following manner: |
|---|
| 185 | + | 6.19 (1) one-half of the total amount of the disallowance shall be borne by the county boards |
|---|
| 186 | + | 6.20responsible for administering the programs. For AFDC, disallowances shall be shared by |
|---|
| 187 | + | 6.21each county board in the same proportion as that county's expenditures to the total of all |
|---|
| 188 | + | 6.22counties' expenditures for AFDC. For SNAP, sanctions shall be shared by each county |
|---|
| 189 | + | 6.23board, with 50 percent of the sanction being distributed to each county in the same proportion |
|---|
| 190 | + | 6.24as that county's administrative costs for SNAP benefits are to the total of all SNAP |
|---|
| 191 | + | 6.25administrative costs for all counties, and 50 percent of the sanctions being distributed to |
|---|
| 192 | + | 6.26each county in the same proportion as that county's value of SNAP benefits issued are to |
|---|
| 193 | + | 6.27the total of all benefits issued for all counties. Each county shall pay its share of the |
|---|
| 194 | + | 6.28disallowance to the state of Minnesota. When a county fails to pay the amount due under |
|---|
| 195 | + | 6.29this paragraph, the commissioner may deduct the amount from reimbursement otherwise |
|---|
| 196 | + | 6.30due the county, or the attorney general, upon the request of the commissioner, may institute |
|---|
| 197 | + | 6.31civil action to recover the amount due; and |
|---|
| 198 | + | 6.32 (2) notwithstanding the provisions of clause (1), if the disallowance results from knowing |
|---|
| 199 | + | 6.33noncompliance by one or more counties with a specific program instruction, and that knowing |
|---|
| 200 | + | 6.34noncompliance is a matter of official county board record, the commissioner may require |
|---|
| 201 | + | 6Article 1 Sec. 4. |
|---|
| 202 | + | REVISOR DTT/EN 25-0438702/26/25 7.1payment or recover from the county or counties, in the manner prescribed in clause (1), an |
|---|
| 203 | + | 7.2amount equal to the portion of the total disallowance that resulted from the noncompliance |
|---|
| 204 | + | 7.3and may distribute the balance of the disallowance according to clause (1). |
|---|
| 205 | + | 7.4 (n) The commissioner shall develop and implement special projects that maximize |
|---|
| 206 | + | 7.5reimbursements and result in the recovery of money to the state. For the purpose of recovering |
|---|
| 207 | + | 7.6state money, the commissioner may enter into contracts with third parties. Any recoveries |
|---|
| 208 | + | 7.7that result from projects or contracts entered into under this paragraph shall be deposited |
|---|
| 209 | + | 7.8in the state treasury and credited to a special account until the balance in the account reaches |
|---|
| 210 | + | 7.9$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be |
|---|
| 211 | + | 7.10transferred and credited to the general fund. All money in the account is appropriated to the |
|---|
| 212 | + | 7.11commissioner for the purposes of this paragraph. |
|---|
| 213 | + | 7.12 (o) The commissioner has the authority to establish and enforce the following county |
|---|
| 214 | + | 7.13reporting requirements: |
|---|
| 215 | + | 7.14 (1) the commissioner shall establish fiscal and statistical reporting requirements necessary |
|---|
| 216 | + | 7.15to account for the expenditure of funds allocated to counties for programs administered by |
|---|
| 217 | + | 7.16the commissioner. When establishing financial and statistical reporting requirements, the |
|---|
| 218 | + | 7.17commissioner shall evaluate all reports, in consultation with the counties, to determine if |
|---|
| 219 | + | 7.18the reports can be simplified or the number of reports can be reduced; |
|---|
| 220 | + | 7.19 (2) the county board shall submit monthly or quarterly reports to the department as |
|---|
| 221 | + | 7.20required by the commissioner. Monthly reports are due no later than 15 working days after |
|---|
| 222 | + | 7.21the end of the month. Quarterly reports are due no later than 30 calendar days after the end |
|---|
| 223 | + | 7.22of the quarter, unless the commissioner determines that the deadline must be shortened to |
|---|
| 224 | + | 7.2320 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss |
|---|
| 225 | + | 7.24of federal funding. Only reports that are complete, legible, and in the required format shall |
|---|
| 226 | + | 7.25be accepted by the commissioner; |
|---|
| 227 | + | 7.26 (3) if the required reports are not received by the deadlines established in clause (2), the |
|---|
| 228 | + | 7.27commissioner may delay payments and withhold funds from the county board until the next |
|---|
| 229 | + | 7.28reporting period. When the report is needed to account for the use of federal funds and the |
|---|
| 230 | + | 7.29late report results in a reduction in federal funding, the commissioner shall withhold from |
|---|
| 231 | + | 7.30the county boards with late reports an amount equal to the reduction in federal funding until |
|---|
| 232 | + | 7.31full federal funding is received; |
|---|
| 233 | + | 7.32 (4) a county board that submits reports that are late, illegible, incomplete, or not in the |
|---|
| 234 | + | 7.33required format for two out of three consecutive reporting periods is considered |
|---|
| 235 | + | 7.34noncompliant. When a county board is found to be noncompliant, the commissioner shall |
|---|
| 236 | + | 7Article 1 Sec. 4. |
|---|
| 237 | + | REVISOR DTT/EN 25-0438702/26/25 8.1notify the county board of the reason the county board is considered noncompliant and |
|---|
| 238 | + | 8.2request that the county board develop a corrective action plan stating how the county board |
|---|
| 239 | + | 8.3plans to correct the problem. The corrective action plan must be submitted to the |
|---|
| 240 | + | 8.4commissioner within 45 days after the date the county board received notice of |
|---|
| 241 | + | 8.5noncompliance; |
|---|
| 242 | + | 8.6 (5) the final deadline for fiscal reports or amendments to fiscal reports is one year after |
|---|
| 243 | + | 8.7the date the report was originally due. If the commissioner does not receive a report by the |
|---|
| 244 | + | 8.8final deadline, the county board forfeits the funding associated with the report for that |
|---|
| 245 | + | 8.9reporting period and the county board must repay any funds associated with the report |
|---|
| 246 | + | 8.10received for that reporting period; |
|---|
| 247 | + | 8.11 (6) the commissioner may not delay payments, withhold funds, or require repayment |
|---|
| 248 | + | 8.12under clause (3) or (5) if the county demonstrates that the commissioner failed to provide |
|---|
| 249 | + | 8.13appropriate forms, guidelines, and technical assistance to enable the county to comply with |
|---|
| 250 | + | 8.14the requirements. If the county board disagrees with an action taken by the commissioner |
|---|
| 251 | + | 8.15under clause (3) or (5), the county board may appeal the action according to sections 14.57 |
|---|
| 252 | + | 8.16to 14.69; and |
|---|
| 253 | + | 8.17 (7) counties subject to withholding of funds under clause (3) or forfeiture or repayment |
|---|
| 254 | + | 8.18of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover |
|---|
| 255 | + | 8.19costs incurred due to actions taken by the commissioner under clause (3) or (5). |
|---|
| 256 | + | 8.20 (p) The commissioner shall allocate federal fiscal disallowances or sanctions for audit |
|---|
| 257 | + | 8.21exceptions when federal fiscal disallowances or sanctions are based on a statewide random |
|---|
| 258 | + | 8.22sample in direct proportion to each county's claim for that period. |
|---|
| 259 | + | 8.23 (q) The commissioner is responsible for ensuring the detection, prevention, investigation, |
|---|
| 260 | + | 8.24and resolution of fraudulent activities or behavior by applicants, recipients, and other |
|---|
| 261 | + | 8.25participants in the programs administered by the department. The commissioner shall |
|---|
| 262 | + | 8.26cooperate with the commissioner of education to enforce the requirements for program |
|---|
| 263 | + | 8.27integrity and fraud prevention for investigation for child care assistance under chapter 142E. |
|---|
| 264 | + | 8.28 (r) The commissioner shall require county agencies to identify overpayments, establish |
|---|
| 265 | + | 8.29claims, and utilize all available and cost-beneficial methodologies to collect and recover |
|---|
| 266 | + | 8.30these overpayments in the programs administered by the department. |
|---|
| 267 | + | 8.31 (s) The commissioner shall develop recommended standards for child foster care homes |
|---|
| 268 | + | 8.32that address the components of specialized therapeutic services to be provided by child |
|---|
| 269 | + | 8.33foster care homes with those services. |
|---|
| 270 | + | 8Article 1 Sec. 4. |
|---|
| 271 | + | REVISOR DTT/EN 25-0438702/26/25 9.1 (t) The commissioner shall authorize the method of payment to or from the department |
|---|
| 272 | + | 9.2as part of the programs administered by the department. This authorization includes the |
|---|
| 273 | + | 9.3receipt or disbursement of funds held by the department in a fiduciary capacity as part of |
|---|
| 274 | + | 9.4the programs administered by the department. |
|---|
| 275 | + | 9.5 (u) In coordination with the commissioner of human services, the commissioner shall |
|---|
| 276 | + | 9.6create and provide county and Tribal agencies with blank applications, affidavits, and other |
|---|
| 277 | + | 9.7forms as necessary for public assistance programs. |
|---|
| 278 | + | 9.8 (v) The commissioner shall cooperate with the federal government and its public welfare |
|---|
| 279 | + | 9.9agencies in any reasonable manner as may be necessary to qualify for federal aid for |
|---|
| 280 | + | 9.10temporary assistance for needy families and in conformity with Title I of Public Law 104-193, |
|---|
| 281 | + | 9.11the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and successor |
|---|
| 282 | + | 9.12amendments, including making reports that contain information required by the federal |
|---|
| 283 | + | 9.13Social Security Advisory Board and complying with any provisions the board may find |
|---|
| 284 | + | 9.14necessary to assure the correctness and verification of the reports. |
|---|
| 285 | + | 9.15 (w) On or before January 15 in each even-numbered year, the commissioner shall make |
|---|
| 286 | + | 9.16a biennial report to the governor concerning the activities of the agency. |
|---|
| 287 | + | 9.17 (x) The commissioner shall enter into agreements with other departments of the state as |
|---|
| 288 | + | 9.18necessary to meet all requirements of the federal government. |
|---|
| 289 | + | 9.19 (y) The commissioner may cooperate with other state agencies in establishing reciprocal |
|---|
| 290 | + | 9.20agreements in instances where a child receiving Minnesota family investment program |
|---|
| 291 | + | 9.21(MFIP) assistance or its out-of-state equivalent moves or contemplates moving into or out |
|---|
| 292 | + | 9.22of the state, in order that the child may continue to receive MFIP or equivalent aid from the |
|---|
| 293 | + | 9.23state moved from until the child has resided for one year in the state moved to. |
|---|
| 294 | + | 9.24 (z) The commissioner shall provide appropriate technical assistance to county agencies |
|---|
| 295 | + | 9.25to develop methods to have county financial workers remind and encourage recipients of |
|---|
| 296 | + | 9.26aid to families with dependent children, the Minnesota family investment program, the |
|---|
| 297 | + | 9.27Minnesota family investment plan, family general assistance, or SNAP benefits whose |
|---|
| 298 | + | 9.28assistance unit includes at least one child under the age of five to have each young child |
|---|
| 299 | + | 9.29immunized against childhood diseases. The commissioner must examine the feasibility of |
|---|
| 300 | + | 9.30utilizing the capacity of a statewide computer system to assist county agency financial |
|---|
| 301 | + | 9.31workers in performing this function at appropriate intervals. |
|---|
| 302 | + | 9.32 (aa) The commissioner shall have the power and authority to accept on behalf of the |
|---|
| 303 | + | 9.33state contributions and gifts for the use and benefit of children under the guardianship or |
|---|
| 304 | + | 9.34custody of the commissioner. The commissioner may also receive and accept on behalf of |
|---|
| 305 | + | 9Article 1 Sec. 4. |
|---|
| 306 | + | REVISOR DTT/EN 25-0438702/26/25 10.1such children money due and payable to them as old age and survivors insurance benefits, |
|---|
| 307 | + | 10.2veterans benefits, pensions, or other such monetary benefits. Gifts, contributions, pensions, |
|---|
| 308 | + | 10.3and benefits under this paragraph must be deposited in and disbursed from the social welfare |
|---|
| 309 | + | 10.4fund provided for in sections 256.88 to 256.92. |
|---|
| 310 | + | 10.5 (bb) The specific enumeration of powers and duties in this section must not be construed |
|---|
| 311 | + | 10.6to be a limitation upon the general powers granted to the commissioner. |
|---|
| 312 | + | 10.7 Sec. 5. Minnesota Statutes 2024, section 142D.08, subdivision 8, is amended to read: |
|---|
| 313 | + | 10.8 Subd. 8.Funding.The commissioner and the commissioner of education shall enter |
|---|
| 314 | + | 10.9into an agreement under which the commissioner of education shall distribute funds |
|---|
| 315 | + | 10.10appropriated for programs under this section. Funding is subject to sections 127A.41 and |
|---|
| 316 | + | 10.11127A.45, subdivision 13. |
|---|
| 317 | + | 10.12Sec. 6. Minnesota Statutes 2024, section 142D.093, is amended to read: |
|---|
| 318 | + | 10.13 142D.093 DEVELOPMENT AL SCREENING AID. |
|---|
| 319 | + | 10.14 (a) Each school year, the state must pay a district for each child or student screened by |
|---|
| 320 | + | 10.15the district according to the requirements of section 142D.091. The amount of state aid for |
|---|
| 321 | + | 10.16each child or student screened shall be: (1) $98 for a child screened at age three; (2) $65 |
|---|
| 322 | + | 10.17for a child screened at age four; (3) $52 for a child screened at age five or six prior to |
|---|
| 323 | + | 10.18kindergarten; and (4) $39 for a student screened within 30 days after first enrolling in a |
|---|
| 324 | + | 10.19public school kindergarten if the student has not previously been screened according to the |
|---|
| 325 | + | 10.20requirements of section 142D.091. If this amount of aid is insufficient, the district may |
|---|
| 326 | + | 10.21permanently transfer from the general fund an amount that, when added to the aid, is |
|---|
| 327 | + | 10.22sufficient. Developmental screening aid shall not be paid for any student who is screened |
|---|
| 328 | + | 10.23more than 30 days after the first day of attendance at a public school kindergarten, except |
|---|
| 329 | + | 10.24if a student transfers to another public school kindergarten within 30 days after first enrolling |
|---|
| 330 | + | 10.25in a Minnesota public school kindergarten program. In this case, if the student has not been |
|---|
| 331 | + | 10.26screened, the district to which the student transfers may receive developmental screening |
|---|
| 332 | + | 10.27aid for screening that student when the screening is performed within 30 days of the transfer |
|---|
| 333 | + | 10.28date. |
|---|
| 334 | + | 10.29 (b) The commissioner and the commissioner of education shall enter into an agreement |
|---|
| 335 | + | 10.30under which the commissioner of education shall distribute funds appropriated for programs |
|---|
| 336 | + | 10.31under this section. Funding is subject to section 127A.45, subdivision 13. |
|---|
| 337 | + | 10Article 1 Sec. 6. |
|---|
| 338 | + | REVISOR DTT/EN 25-0438702/26/25 11.1 Sec. 7. Minnesota Statutes 2024, section 142D.11, subdivision 1, is amended to read: |
|---|
| 339 | + | 11.2 Subdivision 1.Revenue.The revenue for early childhood family education programs |
|---|
| 340 | + | 11.3for a school district equals the formula allowance under section 126C.10, subdivision 2, for |
|---|
| 341 | + | 11.4the year times 0.023 times the greater of: |
|---|
| 342 | + | 11.5 (1) 150; or |
|---|
| 343 | + | 11.6 (2) the number of people under five years of age residing in the district on October 1 of |
|---|
| 344 | + | 11.7the previous school year. |
|---|
| 345 | + | 11.8 Sec. 8. Minnesota Statutes 2024, section 142D.11, subdivision 2, is amended to read: |
|---|
| 346 | + | 11.9 Subd. 2.Population.For the purposes of subdivision 1, data reported to the Department |
|---|
| 347 | + | 11.10of Education may be used to determine the number of people under five years of age residing |
|---|
| 348 | + | 11.11in the district. The commissioner, with the assistance of the state demographer, shall review |
|---|
| 349 | + | 11.12the number reported by any district operating an early childhood family education program. |
|---|
| 350 | + | 11.13If requested, the district shall submit to the commissioner an explanation of its methods and |
|---|
| 351 | + | 11.14other information necessary to document accuracy. If the commissioner determines that the |
|---|
| 352 | + | 11.15district has not provided sufficient documentation of accuracy, the commissioner may |
|---|
| 353 | + | 11.16request the state demographer to prepare an estimate of the number of people under five |
|---|
| 354 | + | 11.17years of age residing in the district and may use this estimate for the purposes of subdivision |
|---|
| 355 | + | 11.181. |
|---|
| 356 | + | 11.19Sec. 9. Minnesota Statutes 2024, section 142D.11, subdivision 10, is amended to read: |
|---|
| 357 | + | 11.20 Subd. 10.Funding.The commissioner and the commissioner of education shall enter |
|---|
| 358 | + | 11.21into an agreement under which the commissioner of education shall distribute funds |
|---|
| 359 | + | 11.22appropriated for programs under this section. Funding is subject to section 127A.45, |
|---|
| 360 | + | 11.23subdivision 13. |
|---|
| 361 | + | 11.24 ARTICLE 2 |
|---|
| 362 | + | 11.25 CHILD SAFETY AND PERMANENCY |
|---|
| 363 | + | 11.26Section 1. Minnesota Statutes 2024, section 260.810, subdivision 1, is amended to read: |
|---|
| 364 | + | 11.27 Subdivision 1.Payments.The commissioner shall make grant payments to each approved |
|---|
| 365 | + | 11.28program in four quarterly installments a year. The commissioner may certify an advance |
|---|
| 366 | + | 11.29payment for the first quarter of the state fiscal year. Later payments must be made upon |
|---|
| 367 | + | 11.30receipt by the state of a quarterly report on finances and program activities quarterly. |
|---|
| 368 | + | 11Article 2 Section 1. |
|---|
| 369 | + | REVISOR DTT/EN 25-0438702/26/25 12.1 Sec. 2. Minnesota Statutes 2024, section 260.810, subdivision 2, is amended to read: |
|---|
| 370 | + | 12.2 Subd. 2.Quarterly report Reporting.The commissioner shall specify engage Tribal |
|---|
| 371 | + | 12.3and urban Indian organizations to establish requirements for reports and reporting timelines, |
|---|
| 372 | + | 12.4including quarterly fiscal reports submitted to the commissioner at least annually, according |
|---|
| 373 | + | 12.5to section 142A.03, subdivision 2, paragraph (o). Each quarter reporting period as agreed |
|---|
| 374 | + | 12.6upon by the commissioner and grantee, an approved program receiving an Indian child |
|---|
| 375 | + | 12.7welfare grant shall submit a report to the commissioner that includes: |
|---|
| 376 | + | 12.8 (1) a detailed accounting of grant money expended during the preceding quarter reporting |
|---|
| 377 | + | 12.9period, specifying expenditures by line item and year to date; and |
|---|
| 378 | + | 12.10 (2) a description of Indian child welfare activities conducted during the preceding quarter |
|---|
| 379 | + | 12.11reporting period, including the number of clients served and the type of services provided. |
|---|
| 380 | + | 12.12 The quarterly Reports must be submitted no later than 30 days after the end of each |
|---|
| 381 | + | 12.13quarter agreed upon reporting timelines of the state fiscal year. |
|---|
| 382 | + | 12.14Sec. 3. Minnesota Statutes 2024, section 260.821, subdivision 2, is amended to read: |
|---|
| 383 | + | 12.15 Subd. 2.Special focus grants.The amount available for grants established under section |
|---|
| 384 | + | 12.16260.785, subdivision 2, for child-placing agencies, Tribes, Indian organizations, and other |
|---|
| 385 | + | 12.17social services organizations is one-fifth of the total annual appropriation for Indian child |
|---|
| 386 | + | 12.18welfare grants. The maximum award under this subdivision is $100,000 a year for programs |
|---|
| 387 | + | 12.19approved by the commissioner. |
|---|
| 388 | + | 12.20 ARTICLE 3 |
|---|
| 389 | + | 12.21 EARLY CHILDHOOD |
|---|
| 390 | + | 12.22Section 1. Minnesota Statutes 2024, section 142D.21, subdivision 6, is amended to read: |
|---|
| 391 | + | 12.23 Subd. 6.Payments.(a) The commissioner shall provide payments under this section to |
|---|
| 392 | + | 12.24all eligible programs on a noncompetitive basis. The payment amounts shall be based on |
|---|
| 393 | + | 12.25the number of full-time equivalent staff who regularly care for children in the program, |
|---|
| 394 | + | 12.26including any employees, sole proprietors, or independent contractors. |
|---|
| 395 | + | 12.27 (b) For purposes of this section, "one full-time equivalent" is defined as an individual |
|---|
| 396 | + | 12.28caring for children 32 hours per week. An individual can count as more or less than one |
|---|
| 397 | + | 12.29full-time equivalent staff, but as no more than two full-time equivalent staff. |
|---|
| 398 | + | 12.30 (c) The commissioner must establish an amount to award per full-time equivalent |
|---|
| 399 | + | 12.31individual who regularly cares for children in the program. |
|---|
| 400 | + | 12Article 3 Section 1. |
|---|
| 401 | + | REVISOR DTT/EN 25-0438702/26/25 13.1 (d) Payments must be increased by ten percent for programs receiving child care |
|---|
| 402 | + | 13.2assistance payments under section 142E.08 or 142E.17 or early learning scholarships under |
|---|
| 403 | + | 13.3section 142D.25, or for programs located in a child care access equity area, or for Tribally |
|---|
| 404 | + | 13.4licensed child care programs. The commissioner must develop a method for establishing |
|---|
| 405 | + | 13.5child care access equity areas. For purposes of this section, "child care access equity area" |
|---|
| 406 | + | 13.6means an area with low access to child care, high poverty rates, high unemployment rates, |
|---|
| 407 | + | 13.7low homeownership rates, and low median household incomes or an area within the |
|---|
| 408 | + | 13.8boundaries of Tribal reservation land in Minnesota. |
|---|
| 409 | + | 13.9 (e) The commissioner shall establish the form, frequency, and manner for making |
|---|
| 410 | + | 13.10payments under this section. |
|---|
| 411 | + | 13.11Sec. 2. Minnesota Statutes 2024, section 142D.21, subdivision 10, is amended to read: |
|---|
| 412 | + | 13.12 Subd. 10.Account; carryforward authority.Money appropriated under this section |
|---|
| 413 | + | 13.13is available until expended. (a) An account is established in the special revenue fund known |
|---|
| 414 | + | 13.14as the great start compensation support payment program account. |
|---|
| 415 | + | 13.15 (b) Money appropriated under this section must be transferred to the great start |
|---|
| 416 | + | 13.16compensation support payment program account in the special revenue fund. |
|---|
| 417 | + | 13.17 (c) Money in the account is annually appropriated to the commissioner for the purposes |
|---|
| 418 | + | 13.18of this section. Any returned funds are available to be regranted. |
|---|
| 419 | + | 13.19Sec. 3. Minnesota Statutes 2024, section 142D.31, subdivision 2, is amended to read: |
|---|
| 420 | + | 13.20 Subd. 2.Program components.(a) The nonprofit organization must use the grant for: |
|---|
| 421 | + | 13.21 (1) tuition scholarships up to $10,000 per year in amounts per year consistent with the |
|---|
| 422 | + | 13.22national TEACH early childhood program requirements for courses leading to the nationally |
|---|
| 423 | + | 13.23recognized child development associate credential or college-level courses leading to an |
|---|
| 424 | + | 13.24associate's degree or bachelor's degree in early childhood development and school-age care; |
|---|
| 425 | + | 13.25and |
|---|
| 426 | + | 13.26 (2) education incentives of a minimum of $250 to participants in the tuition scholarship |
|---|
| 427 | + | 13.27program if they complete a year of working in the early care and education field. |
|---|
| 428 | + | 13.28 (b) Applicants for the scholarship must be employed by a licensed or certified early |
|---|
| 429 | + | 13.29childhood or child care program and working directly with children, a licensed family child |
|---|
| 430 | + | 13.30care provider, employed by a public prekindergarten program, employed by a Head Start |
|---|
| 431 | + | 13.31program, or an employee in a school-age program exempt from licensing under section |
|---|
| 432 | + | 13.32142B.05, subdivision 2, paragraph (a), clause (8). Lower wage earners must be given priority |
|---|
| 433 | + | 13Article 3 Sec. 3. |
|---|
| 434 | + | REVISOR DTT/EN 25-0438702/26/25 14.1in awarding the tuition scholarships. Scholarship recipients must contribute at least ten |
|---|
| 435 | + | 14.2percent of the total scholarship and must be sponsored by their employers, who must also |
|---|
| 436 | + | 14.3contribute at least five percent of the total scholarship. Scholarship recipients who are |
|---|
| 437 | + | 14.4self-employed work in licensed family child care under Minnesota Rules, chapter 9502, |
|---|
| 438 | + | 14.5must contribute 20 at least ten percent of the total scholarship and are not required to receive |
|---|
| 439 | + | 14.6employer sponsorship or employer match. |
|---|
| 440 | + | 14.7 Sec. 4. Minnesota Statutes 2024, section 142E.03, subdivision 3, is amended to read: |
|---|
| 441 | + | 14.8 Subd. 3.Redeterminations.(a) Notwithstanding Minnesota Rules, part 3400.0180, item |
|---|
| 442 | + | 14.9A, the county shall conduct a redetermination according to paragraphs (b) and (c). |
|---|
| 443 | + | 14.10 (b) The county shall use the redetermination form developed by the commissioner. The |
|---|
| 444 | + | 14.11county must verify the factors listed in subdivision 1, paragraph (a), as part of the |
|---|
| 445 | + | 14.12redetermination. |
|---|
| 446 | + | 14.13 (c) An applicant's eligibility must be redetermined no more frequently than every 12 |
|---|
| 447 | + | 14.14months. The following criteria apply: |
|---|
| 448 | + | 14.15 (1) a family meets the eligibility redetermination requirements if a complete |
|---|
| 449 | + | 14.16redetermination form and all required verifications are received within 30 days after the |
|---|
| 450 | + | 14.17date the form was due; |
|---|
| 451 | + | 14.18 (2) if the 30th day after the date the form was due falls on a Saturday, Sunday, or holiday, |
|---|
| 452 | + | 14.19the 30-day time period is extended to include the next day that is not a Saturday, Sunday, |
|---|
| 453 | + | 14.20or holiday. Assistance shall be payable retroactively from the redetermination due date; |
|---|
| 454 | + | 14.21 (3) for a family where at least one parent is younger than 21 years of age, does not have |
|---|
| 455 | + | 14.22a high school degree or commissioner of education-selected high school equivalency |
|---|
| 456 | + | 14.23certification, and is a student in a school district or another similar program that provides |
|---|
| 457 | + | 14.24or arranges for child care, parenting, social services, career and employment supports, and |
|---|
| 458 | + | 14.25academic support to achieve high school graduation, the redetermination of eligibility may |
|---|
| 459 | + | 14.26be deferred beyond 12 months, to the end of the student's school year; and |
|---|
| 460 | + | 14.27 (4) starting May 25, 2026, if a new eligible child is added to the family and has care |
|---|
| 461 | + | 14.28authorized, the redetermination of eligibility must be extended 12 months from the eligible |
|---|
| 462 | + | 14.29child's arrival date; and |
|---|
| 463 | + | 14.30 (4) (5) a family and the family's providers must be notified that the family's |
|---|
| 464 | + | 14.31redetermination is due at least 45 days before the end of the family's 12-month eligibility |
|---|
| 465 | + | 14.32period. |
|---|
| 466 | + | 14Article 3 Sec. 4. |
|---|
| 467 | + | REVISOR DTT/EN 25-0438702/26/25 15.1 Sec. 5. Minnesota Statutes 2024, section 142E.11, subdivision 1, is amended to read: |
|---|
| 468 | + | 15.2 Subdivision 1.General authorization requirements.(a) When authorizing the amount |
|---|
| 469 | + | 15.3of child care, the county agency must consider the amount of time the parent reports on the |
|---|
| 470 | + | 15.4application or redetermination form that the child attends preschool, a Head Start program, |
|---|
| 471 | + | 15.5or school while the parent is participating in an authorized activity. |
|---|
| 472 | + | 15.6 (b) Care must be authorized and scheduled with a provider based on the applicant's or |
|---|
| 473 | + | 15.7participant's verified activity schedule when: |
|---|
| 474 | + | 15.8 (1) the family requests care from more than one provider per child; |
|---|
| 475 | + | 15.9 (2) the family requests care from a legal nonlicensed provider; or |
|---|
| 476 | + | 15.10 (3) an applicant or participant is employed by any child care center that is licensed by |
|---|
| 477 | + | 15.11the Department of Children, Youth, and Families or has been identified as a high-risk |
|---|
| 478 | + | 15.12Medicaid-enrolled provider. |
|---|
| 479 | + | 15.13This paragraph expires March 2, 2026. |
|---|
| 480 | + | 15.14 (c) If the family remains eligible at redetermination, a new authorization with fewer |
|---|
| 481 | + | 15.15hours, the same hours, or increased hours may be determined. |
|---|
| 482 | + | 15.16Sec. 6. Minnesota Statutes 2024, section 142E.11, subdivision 2, is amended to read: |
|---|
| 483 | + | 15.17 Subd. 2.Maintain steady child care authorizations.(a) Notwithstanding Minnesota |
|---|
| 484 | + | 15.18Rules, chapter 3400, the amount of child care authorized under section 142E.12 for |
|---|
| 485 | + | 15.19employment, education, or an MFIP employment plan shall continue at the same number |
|---|
| 486 | + | 15.20of hours or more hours until redetermination, including: |
|---|
| 487 | + | 15.21 (1) when the other parent moves in and is employed or has an education plan under |
|---|
| 488 | + | 15.22section 142E.12, subdivision 3, or has an MFIP employment plan; or |
|---|
| 489 | + | 15.23 (2) when the participant's work hours are reduced or a participant temporarily stops |
|---|
| 490 | + | 15.24working or attending an approved education program. Temporary changes include, but are |
|---|
| 491 | + | 15.25not limited to, a medical leave, seasonal employment fluctuations, or a school break between |
|---|
| 492 | + | 15.26semesters. |
|---|
| 493 | + | 15.27 (b) The county may increase the amount of child care authorized at any time if the |
|---|
| 494 | + | 15.28participant verifies the need for increased hours for authorized activities. |
|---|
| 495 | + | 15.29 (c) The county may reduce the amount of child care authorized if a parent requests a |
|---|
| 496 | + | 15.30reduction or because of a change in: |
|---|
| 497 | + | 15.31 (1) the child's school schedule; |
|---|
| 498 | + | 15Article 3 Sec. 6. |
|---|
| 499 | + | REVISOR DTT/EN 25-0438702/26/25 16.1 (2) the custody schedule; or |
|---|
| 500 | + | 16.2 (3) the provider's availability. |
|---|
| 501 | + | 16.3 (d) The amount of child care authorized for a family subject to subdivision 1, paragraph |
|---|
| 502 | + | 16.4(b), must change when the participant's activity schedule changes. Paragraph (a) does not |
|---|
| 503 | + | 16.5apply to a family subject to subdivision 1, paragraph (b). This paragraph expires March 2, |
|---|
| 504 | + | 16.62026. |
|---|
| 505 | + | 16.7 (e) When a child reaches 13 years of age or a child with a disability reaches 15 years of |
|---|
| 506 | + | 16.8age, the amount of child care authorized shall continue at the same number of hours or more |
|---|
| 507 | + | 16.9hours until redetermination. |
|---|
| 508 | + | 16.10Sec. 7. Minnesota Statutes 2024, section 142E.13, subdivision 2, is amended to read: |
|---|
| 509 | + | 16.11 Subd. 2.Extended eligibility and redetermination.(a) If the family received three |
|---|
| 510 | + | 16.12months of extended eligibility and redetermination is not due, to continue receiving child |
|---|
| 511 | + | 16.13care assistance the participant must be employed or have an education plan that meets the |
|---|
| 512 | + | 16.14requirements of section 142E.12, subdivision 3, or have an MFIP employment plan. |
|---|
| 513 | + | 16.15Notwithstanding Minnesota Rules, part 3400.0110, if child care assistance continues, the |
|---|
| 514 | + | 16.16amount of child care authorized shall continue at the same number or more hours until |
|---|
| 515 | + | 16.17redetermination, unless a condition in section 142E.11, subdivision 2, paragraph (c), applies. |
|---|
| 516 | + | 16.18A family subject to section 142E.11, subdivision 1, paragraph (b), shall have child care |
|---|
| 517 | + | 16.19authorized based on a verified activity schedule. |
|---|
| 518 | + | 16.20 (b) If the family's redetermination occurs before the end of the three-month extended |
|---|
| 519 | + | 16.21eligibility period to continue receiving child care assistance, the participant must verify that |
|---|
| 520 | + | 16.22the participant meets eligibility and activity requirements for child care assistance under |
|---|
| 521 | + | 16.23this chapter. If child care assistance continues, the amount of child care authorized is based |
|---|
| 522 | + | 16.24on section 142E.12. A family subject to section 142E.11, subdivision 1, paragraph (b), shall |
|---|
| 523 | + | 16.25have child care authorized based on a verified activity schedule. |
|---|
| 524 | + | 16.26 EFFECTIVE DATE.This section is effective May 25, 2026. |
|---|
| 525 | + | 16.27Sec. 8. Minnesota Statutes 2024, section 142E.15, subdivision 1, is amended to read: |
|---|
| 526 | + | 16.28 Subdivision 1.Fee schedule.All changes to parent fees must be implemented on the |
|---|
| 527 | + | 16.29first Monday of the service period following the effective date of the change. |
|---|
| 528 | + | 16.30 PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted in |
|---|
| 529 | + | 16.31subdivision 2: |
|---|
| 530 | + | 16Article 3 Sec. 8. |
|---|
| 531 | + | REVISOR DTT/EN 25-0438702/26/25 Co-payment (as a percentage of adjusted |
|---|
| 2849 | | - | 86.29100.00% of federal poverty |
|---|
| 2850 | | - | 86.30guidelines-27.72% 27.99% |
|---|
| 2851 | | - | 2.61%86.3127.73-29.04% |
|---|
| 2852 | | - | 2.61%86.3229.05-30.36% |
|---|
| 2853 | | - | 2.61%86.3330.37-31.68% |
|---|
| 2854 | | - | 2.91%86.3431.69-33.00% |
|---|
| 2855 | | - | 2.91%86.3533.01-34.32% |
|---|
| 2856 | | - | 86Article 5 Sec. 10. |
|---|
| 2857 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 2.91%87.134.33-35.65% |
|---|
| 2858 | | - | 2.91%87.235.66-36.96% |
|---|
| 2859 | | - | 3.21%87.336.97-38.29% |
|---|
| 2860 | | - | 3.21%87.438.30-39.61% |
|---|
| 2861 | | - | 3.21%87.539.62-40.93% |
|---|
| 2862 | | - | 3.84%87.640.94-42.25% |
|---|
| 2863 | | - | 3.84%87.742.26-43.57% |
|---|
| 2864 | | - | 4.46%87.843.58-44.89% |
|---|
| 2865 | | - | 4.76%87.944.90-46.21% |
|---|
| 2866 | | - | 5.05%87.1046.22-47.53% |
|---|
| 2867 | | - | 5.65%87.1147.54-48.85% |
|---|
| 2868 | | - | 5.95%87.1248.86-50.17% |
|---|
| 2869 | | - | 6.24%87.1350.18-51.49% |
|---|
| 2870 | | - | 6.84%87.1451.50-52.81% |
|---|
| 2871 | | - | 7.58%87.1552.82-54.13% |
|---|
| 2872 | | - | 8.33%87.1654.14-55.45% |
|---|
| 2873 | | - | 9.20%87.1755.46-56.77% |
|---|
| 2874 | | - | 10.07%87.1856.78-58.09% |
|---|
| 2875 | | - | 10.94%87.1958.10-59.41% |
|---|
| 2876 | | - | 11.55%87.2059.42-60.73% |
|---|
| 2877 | | - | 12.16%87.2160.74-62.06% |
|---|
| 2878 | | - | 12.77%87.2262.07-63.38% |
|---|
| 2879 | | - | 13.38%87.2363.39-64.70% |
|---|
| 2880 | | - | 14.00%87.2464.71-67.00% |
|---|
| 2881 | | - | 2.6%87.2528.00-30.99% |
|---|
| 2882 | | - | 2.6%87.2631.00-33.99% |
|---|
| 2883 | | - | 2.9%87.2734.00-36.99% |
|---|
| 2884 | | - | 3.2%87.2837.00-39.99% |
|---|
| 2885 | | - | 3.8%87.2940.00-42.99% |
|---|
| 2886 | | - | 4.4%87.3043.00-45.99% |
|---|
| 2887 | | - | 5.0%87.3146.00-48.99% |
|---|
| 2888 | | - | 5.6%87.3249.00-51.99% |
|---|
| 2889 | | - | 6.2%87.3352.00-54.99% |
|---|
| 2890 | | - | 6.8%87.3455.00-57.99% |
|---|
| 2891 | | - | 6.9%87.3558.00-60.99% |
|---|
| 2892 | | - | 6.9%87.3661.00-63.99% |
|---|
| 2893 | | - | 6.9%87.3764.00-67.00% |
|---|
| 2894 | | - | ineligible87.38Greater than 67.00% |
|---|
| 2895 | | - | 87Article 5 Sec. 10. |
|---|
| 2896 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 88.1 A family's biweekly co-payment fee is the fixed percentage established for the income |
|---|
| 2897 | | - | 88.2range multiplied by the highest lowest possible income within that income range. |
|---|
| 2898 | | - | 88.3 EFFECTIVE DATE.This section is effective October 13, 2025. |
|---|
| 2899 | | - | 88.4 Sec. 11. Minnesota Statutes 2024, section 142E.16, subdivision 3, is amended to read: |
|---|
| 2900 | | - | 88.5 Subd. 3.Training required.(a) Prior to initial authorization as required in subdivision |
|---|
| 2901 | | - | 88.61, a legal nonlicensed family child care provider must complete first aid and CPR training |
|---|
| 2902 | | - | 88.7and provide the verification of first aid and CPR training to the commissioner. The training |
|---|
| 2903 | | - | 88.8documentation must have valid effective dates as of the date the registration request is |
|---|
| 2904 | | - | 88.9submitted to the commissioner. The training must have been provided by an individual |
|---|
| 2905 | | - | 88.10approved to provide first aid and CPR instruction and have included CPR techniques for |
|---|
| 2906 | | - | 88.11infants and children. |
|---|
| 2907 | | - | 88.12 (b) Upon each reauthorization after the authorization period when the initial first aid |
|---|
| 2908 | | - | 88.13and CPR training requirements are met, a legal nonlicensed family child care provider must |
|---|
| 2909 | | - | 88.14provide verification of at least eight hours of additional training listed in the Minnesota |
|---|
| 2910 | | - | 88.15Center for Professional Development Registry. |
|---|
| 2911 | | - | 88.16 (c) Every 12 months, a legal nonlicensed family child care provider who is unrelated to |
|---|
| 2912 | | - | 88.17the child they care for must complete two hours of training in caring for children approved |
|---|
| 2913 | | - | 88.18by the commissioner. |
|---|
| 2914 | | - | 88.19 (c) (d) This subdivision only applies to legal nonlicensed family child care providers. |
|---|
| 2915 | | - | 88.20 EFFECTIVE DATE.This section is effective October 1, 2025. |
|---|
| 2916 | | - | 88.21Sec. 12. Minnesota Statutes 2024, section 142E.16, subdivision 7, is amended to read: |
|---|
| 2917 | | - | 88.22 Subd. 7.Record-keeping requirement.(a) As a condition of payment, all providers |
|---|
| 2918 | | - | 88.23receiving child care assistance payments must: |
|---|
| 2919 | | - | 88.24 (1) keep accurate and legible daily attendance records at the site where services are |
|---|
| 2920 | | - | 88.25delivered for children receiving child care assistance; and |
|---|
| 2921 | | - | 88.26 (2) make those records available immediately to the county or the commissioner upon |
|---|
| 2922 | | - | 88.27request. Any records not provided to a county or the commissioner at the date and time of |
|---|
| 2923 | | - | 88.28the request are deemed inadmissible if offered as evidence by the provider in any proceeding |
|---|
| 2924 | | - | 88.29to contest an overpayment or disqualification of the provider.; and |
|---|
| 2925 | | - | 88.30 (3) submit data on child enrollment and attendance in the form and manner specified by |
|---|
| 2926 | | - | 88.31the commissioner. |
|---|
| 2927 | | - | 88Article 5 Sec. 12. |
|---|
| 2928 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 89.1 (b) As a condition of payment, attendance records must be completed daily and include |
|---|
| 2929 | | - | 89.2the date, the first and last name of each child in attendance, and the times when each child |
|---|
| 2930 | | - | 89.3is dropped off and picked up. To the extent possible, the times that the child was dropped |
|---|
| 2931 | | - | 89.4off to and picked up from the child care provider must be entered by the person dropping |
|---|
| 2932 | | - | 89.5off or picking up the child. The daily attendance records must be retained at the site where |
|---|
| 2933 | | - | 89.6services are delivered for six years after the date of service. |
|---|
| 2934 | | - | 89.7 (c) When the county or the commissioner knows or has reason to believe that a current |
|---|
| 2935 | | - | 89.8or former provider has not complied with the record-keeping requirement in this subdivision: |
|---|
| 2936 | | - | 89.9 (1) the commissioner may: |
|---|
| 2937 | | - | 89.10 (i) deny or revoke a provider's authorization to receive child care assistance payments |
|---|
| 2938 | | - | 89.11under section 142E.17, subdivision 9, paragraph (d); |
|---|
| 2939 | | - | 89.12 (ii) pursue an administrative disqualification under sections 142E.51, subdivision 5, and |
|---|
| 2940 | | - | 89.13256.98; or |
|---|
| 2941 | | - | 89.14 (iii) take an action against the provider under sections 142E.50 to 142E.58 section |
|---|
| 2942 | | - | 89.15142E.51; or |
|---|
| 2943 | | - | 89.16 (2) a county or the commissioner may establish an attendance record overpayment under |
|---|
| 2944 | | - | 89.17paragraph (d). |
|---|
| 2945 | | - | 89.18 (d) To calculate an attendance record overpayment under this subdivision, the |
|---|
| 2946 | | - | 89.19commissioner or county agency shall subtract the maximum daily rate from the total amount |
|---|
| 2947 | | - | 89.20paid to a provider for each day that a child's attendance record is missing, unavailable, |
|---|
| 2948 | | - | 89.21incomplete, inaccurate, or otherwise inadequate. |
|---|
| 2949 | | - | 89.22 (e) The commissioner shall develop criteria for a county to determine an attendance |
|---|
| 2950 | | - | 89.23record overpayment under this subdivision. |
|---|
| 2951 | | - | 89.24 EFFECTIVE DATE.This section is effective June 22, 2026. |
|---|
| 2952 | | - | 89.25Sec. 13. Minnesota Statutes 2024, section 142E.17, subdivision 9, is amended to read: |
|---|
| 2953 | | - | 89.26 Subd. 9.Provider payments.(a) A provider shall bill only for services documented |
|---|
| 2954 | | - | 89.27according to section 142E.16, subdivision 7. The provider shall bill for services provided |
|---|
| 2955 | | - | 89.28within ten days of the end of the service period. A provider must sign each bill and declare, |
|---|
| 2956 | | - | 89.29under penalty of perjury as provided in section 609.48, that the information in the bill is |
|---|
| 2957 | | - | 89.30true and correct. Payments under the child care fund shall be made within 21 days of |
|---|
| 2958 | | - | 89.31receiving a complete bill from the provider. Counties or the state may establish policies that |
|---|
| 2959 | | - | 89.32make payments on a more frequent basis. |
|---|
| 2960 | | - | 89Article 5 Sec. 13. |
|---|
| 2961 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 90.1 (b) If a provider has received an authorization of care and been issued a billing form for |
|---|
| 2962 | | - | 90.2an eligible family, the bill must be submitted within 60 days of the last date of service on |
|---|
| 2963 | | - | 90.3the bill. A bill submitted more than 60 days after the last date of service must be paid if the |
|---|
| 2964 | | - | 90.4county determines that the provider has shown good cause why the bill was not submitted |
|---|
| 2965 | | - | 90.5within 60 days. Good cause must be defined in the county's child care fund plan under |
|---|
| 2966 | | - | 90.6section 142E.09, subdivision 3, and the definition of good cause must include county error. |
|---|
| 2967 | | - | 90.7Any bill submitted more than a year after the last date of service on the bill must not be |
|---|
| 2968 | | - | 90.8paid. |
|---|
| 2969 | | - | 90.9 (c) If a provider provided care for a time period without receiving an authorization of |
|---|
| 2970 | | - | 90.10care and a billing form for an eligible family, payment of child care assistance may only be |
|---|
| 2971 | | - | 90.11made retroactively for a maximum of three months from the date the provider is issued an |
|---|
| 2972 | | - | 90.12authorization of care and a billing form. For a family at application, if a provider provided |
|---|
| 2973 | | - | 90.13child care during a time period without receiving an authorization of care and a billing form, |
|---|
| 2974 | | - | 90.14a county may only make child care assistance payments to the provider retroactively from |
|---|
| 2975 | | - | 90.15the date that child care began, or from the date that the family's eligibility began under |
|---|
| 2976 | | - | 90.16section 142E.10, subdivision 7, or from the date that the family meets authorization |
|---|
| 2977 | | - | 90.17requirements, not to exceed six months from the date that the provider is issued an |
|---|
| 2978 | | - | 90.18authorization of care and a billing form, whichever is later. |
|---|
| 2979 | | - | 90.19 (d) The commissioner may refuse to issue a child care authorization to a certified, |
|---|
| 2980 | | - | 90.20licensed, or legal nonlicensed provider; revoke an existing child care authorization to a |
|---|
| 2981 | | - | 90.21certified, licensed, or legal nonlicensed provider; stop payment issued to a certified, licensed, |
|---|
| 2982 | | - | 90.22or legal nonlicensed provider; or refuse to pay a bill submitted by a certified, licensed, or |
|---|
| 2983 | | - | 90.23legal nonlicensed provider if: |
|---|
| 2984 | | - | 90.24 (1) the provider admits to intentionally giving the county materially false information |
|---|
| 2985 | | - | 90.25on the provider's billing forms; |
|---|
| 2986 | | - | 90.26 (2) the commissioner finds by a preponderance of the evidence that the provider |
|---|
| 2987 | | - | 90.27intentionally gave the county materially false information on the provider's billing forms, |
|---|
| 2988 | | - | 90.28or provided false attendance records to a county or the commissioner; |
|---|
| 2989 | | - | 90.29 (3) the provider is in violation of child care assistance program rules, until the agency |
|---|
| 2990 | | - | 90.30determines those violations have been corrected; |
|---|
| 2991 | | - | 90.31 (4) the provider is operating after: |
|---|
| 2992 | | - | 90.32 (i) an order of suspension of the provider's license issued by the commissioner; |
|---|
| 2993 | | - | 90.33 (ii) an order of revocation of the provider's license issued by the commissioner; or |
|---|
| 2994 | | - | 90Article 5 Sec. 13. |
|---|
| 2995 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 91.1 (iii) an order of decertification issued to the provider; |
|---|
| 2996 | | - | 91.2 (5) the provider submits false attendance reports or refuses to provide documentation |
|---|
| 2997 | | - | 91.3of the child's attendance upon request; |
|---|
| 2998 | | - | 91.4 (6) the provider gives false child care price information; or |
|---|
| 2999 | | - | 91.5 (7) the provider fails to report decreases in a child's attendance as required under section |
|---|
| 3000 | | - | 91.6142E.16, subdivision 9. |
|---|
| 3001 | | - | 91.7 (e) For purposes of paragraph (d), clauses (3), (5), (6), and (7), the commissioner may |
|---|
| 3002 | | - | 91.8withhold the provider's authorization or payment for a period of time not to exceed three |
|---|
| 3003 | | - | 91.9months beyond the time the condition has been corrected. |
|---|
| 3004 | | - | 91.10 (f) A county's payment policies must be included in the county's child care plan under |
|---|
| 3005 | | - | 91.11section 142E.09, subdivision 3. If payments are made by the state, in addition to being in |
|---|
| 3006 | | - | 91.12compliance with this subdivision, the payments must be made in compliance with section |
|---|
| 3007 | | - | 91.1316A.124. |
|---|
| 3008 | | - | 91.14 (g) If the commissioner suspends or refuses payment to a provider under paragraph (d), |
|---|
| 3009 | | - | 91.15clause (1) or (2), or sections 142E.50 to 142E.58 and the provider has: |
|---|
| 3010 | | - | 91.16 (1) a disqualification for wrongfully obtaining assistance under section 256.98, |
|---|
| 3011 | | - | 91.17subdivision 8, paragraph (c); |
|---|
| 3012 | | - | 91.18 (2) an administrative disqualification under section 142E.51, subdivision 5; or |
|---|
| 3013 | | - | 91.19 (3) a termination under section 142E.51, subdivision 4, paragraph (c), clause (4), or |
|---|
| 3014 | | - | 91.20142E.55; |
|---|
| 3015 | | - | 91.21then the provider forfeits the payment to the commissioner or the responsible county agency, |
|---|
| 3016 | | - | 91.22regardless of the amount assessed in an overpayment, charged in a criminal complaint, or |
|---|
| 3017 | | - | 91.23ordered as criminal restitution. |
|---|
| 3018 | | - | 91.24 EFFECTIVE DATE.This section is effective August 1, 2025. |
|---|
| 3019 | | - | 91.25Sec. 14. Minnesota Statutes 2024, section 245.0962, subdivision 1, is amended to read: |
|---|
| 3020 | | - | 91.26 Subdivision 1.Establishment.The commissioner of human services children, youth, |
|---|
| 3021 | | - | 91.27and families must establish a quality parenting initiative grant program to implement quality |
|---|
| 3022 | | - | 91.28parenting initiative principles and practices to support children and families experiencing |
|---|
| 3023 | | - | 91.29foster care placements. |
|---|
| 3024 | | - | 91.30 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3025 | | - | 91Article 5 Sec. 14. |
|---|
| 3026 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 92.1 Sec. 15. ELIMINATING SCHEDULE REPORTER DESIGNATION. |
|---|
| 3027 | | - | 92.2 Notwithstanding Minnesota Statutes, section 142E.04, subdivisions 6, 7, and 8, the |
|---|
| 3028 | | - | 92.3commissioner of children, youth, and families must allocate additional basic sliding fee |
|---|
| 3029 | | - | 92.4child care money for calendar years 2026 and 2027 to counties and Tribes to account for |
|---|
| 3030 | | - | 92.5eliminating the schedule reporter designation in the child care assistance program. In |
|---|
| 3031 | | - | 92.6allocating the additional money, the commissioner shall consider: |
|---|
| 3032 | | - | 92.7 (1) the number of children who are in schedule reporter families; and |
|---|
| 3033 | | - | 92.8 (2) the average basic sliding fee cost of care in the county or Tribe. |
|---|
| 3034 | | - | 92.9 Sec. 16. CHILDREN AND FAMILIES INFORMATION TECHNOLOGY SYSTEMS |
|---|
| 3035 | | - | 92.10MODERNIZATION. |
|---|
| 3036 | | - | 92.11 Subdivision 1.Direction to commissioner.To the extent there is funding available for |
|---|
| 3037 | | - | 92.12these purposes in the state systems account established under Minnesota Statutes, section |
|---|
| 3038 | | - | 92.13142A.04, subdivision 2, the commissioner of children, youth, and families must establish |
|---|
| 3039 | | - | 92.14and implement the information technology systems described under this section. |
|---|
| 3040 | | - | 92.15 Subd. 2.Family common application tool.(a) The commissioner must establish and |
|---|
| 3041 | | - | 92.16implement an application tool that allows families to apply for available early care and |
|---|
| 3042 | | - | 92.17education support programs. The application tool must: |
|---|
| 3043 | | - | 92.18 (1) provide integrated support in multiple languages, including real-time translation |
|---|
| 3044 | | - | 92.19capabilities; |
|---|
| 3045 | | - | 92.20 (2) include an eligibility screener; |
|---|
| 3046 | | - | 92.21 (3) include capability for automatic pre-population of known family information and |
|---|
| 3047 | | - | 92.22use open authorization to validate identity; |
|---|
| 3048 | | - | 92.23 (4) enable application completion and submission across multiple programs and services; |
|---|
| 3049 | | - | 92.24 (5) integrate selection tool for early care and education programs; |
|---|
| 3050 | | - | 92.25 (6) reach families through various ways, including employers, employee organizations, |
|---|
| 3051 | | - | 92.26and medical assistance managed care organizations; and |
|---|
| 3052 | | - | 92.27 (7) operate using the software as a service model that ensures frequent maintenance and |
|---|
| 3053 | | - | 92.28user experience updates. |
|---|
| 3054 | | - | 92.29 (b) Funding under this section for the application tool may only be used for early care |
|---|
| 3055 | | - | 92.30and education support programs. |
|---|
| 3056 | | - | 92Article 5 Sec. 16. |
|---|
| 3057 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 93.1 Subd. 3.Payments system.The commissioner must establish and implement a |
|---|
| 3058 | | - | 93.2centralized, integrated payment system for early care and education funding streams that: |
|---|
| 3059 | | - | 93.3 (1) integrates seamlessly with the existing provider licensing and reporting hub; |
|---|
| 3060 | | - | 93.4 (2) implements real-time payment processing and cash management capabilities, including |
|---|
| 3061 | | - | 93.5instant fund transfers and automated reconciliation; |
|---|
| 3062 | | - | 93.6 (3) incorporates robust security measures, including fraud detection and prevention; |
|---|
| 3063 | | - | 93.7 (4) enables automated compliance with state and federal reporting requirements; |
|---|
| 3064 | | - | 93.8 (5) provides a user-friendly interface with mobile accessibility for child care providers |
|---|
| 3065 | | - | 93.9to manage invoices and payments; |
|---|
| 3066 | | - | 93.10 (6) ensures interoperability with other relevant state systems and databases; and |
|---|
| 3067 | | - | 93.11 (7) implements data quality monitoring and reporting tools to support decision making. |
|---|
| 3068 | | - | 93.12 Subd. 4.Reporting requirements.The commissioner must provide quarterly |
|---|
| 3069 | | - | 93.13implementation updates to the chairs and minority leads of the committees with jurisdiction |
|---|
| 3070 | | - | 93.14over programs for children and families. The quarterly updates must describe the department's |
|---|
| 3071 | | - | 93.15progress toward establishing and implementing the information technology systems under |
|---|
| 3072 | | - | 93.16this section. The quarterly updates must continue until either the systems are fully |
|---|
| 3073 | | - | 93.17implemented or the department no longer has sufficient funding for the purposes identified |
|---|
| 3074 | | - | 93.18in this section. |
|---|
| 3075 | | - | 93.19Sec. 17. REVISOR INSTRUCTION. |
|---|
| 3076 | | - | 93.20 The revisor of statutes shall renumber Minnesota Statutes, section 245.0962, as Minnesota |
|---|
| 3077 | | - | 93.21Statutes, section 142A.47. The revisor shall also make necessary cross-reference changes |
|---|
| 3078 | | - | 93.22consistent with the renumbering. |
|---|
| 3079 | | - | 93.23 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3080 | | - | 93.24Sec. 18. REVISOR INSTRUCTION. |
|---|
| 3081 | | - | 93.25 The revisor of statutes shall renumber Minnesota Statutes, section 142D.12, subdivision |
|---|
| 3082 | | - | 93.263, as Minnesota Statutes, section 120B.121. The revisor shall also make necessary |
|---|
| 3083 | | - | 93.27cross-reference changes consistent with the renumbering. |
|---|
| 3084 | | - | 93Article 5 Sec. 18. |
|---|
| 3085 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 94.1 ARTICLE 6 |
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| 3086 | | - | 94.2 DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES |
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| 3087 | | - | 94.3 LICENSING AND CERTIFICATION POLICY |
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| 3088 | | - | 94.4 Section 1. Minnesota Statutes 2024, section 142B.10, subdivision 14, is amended to read: |
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| 3089 | | - | 94.5 Subd. 14.Grant of license; license extension.(a) If the commissioner determines that |
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| 3090 | | - | 94.6the program complies with all applicable rules and laws, the commissioner shall issue a |
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| 3091 | | - | 94.7license consistent with this section or, if applicable, a temporary change of ownership license |
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| 3092 | | - | 94.8under section 142B.11. At minimum, the license shall state: |
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| 3093 | | - | 94.9 (1) the name of the license holder; |
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| 3094 | | - | 94.10 (2) the address of the program; |
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| 3095 | | - | 94.11 (3) the effective date and expiration date of the license; |
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| 3096 | | - | 94.12 (4) the type of license; |
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| 3097 | | - | 94.13 (5) the maximum number and ages of persons that may receive services from the program; |
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| 3098 | | - | 94.14and |
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| 3099 | | - | 94.15 (6) any special conditions of licensure. |
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| 3100 | | - | 94.16 (b) The commissioner may issue a license for a period not to exceed two years if: |
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| 3101 | | - | 94.17 (1) the commissioner is unable to conduct the observation required by subdivision 11, |
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| 3102 | | - | 94.18paragraph (a), clause (3), because the program is not yet operational; |
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| 3103 | | - | 94.19 (2) certain records and documents are not available because persons are not yet receiving |
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| 3104 | | - | 94.20services from the program; and |
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| 3105 | | - | 94.21 (3) the applicant complies with applicable laws and rules in all other respects. |
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| 3106 | | - | 94.22 (c) A decision by the commissioner to issue a license does not guarantee that any person |
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| 3107 | | - | 94.23or persons will be placed or cared for in the licensed program. |
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| 3108 | | - | 94.24 (d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a |
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| 3109 | | - | 94.25license if the applicant, license holder, or an affiliated controlling individual has: |
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| 3110 | | - | 94.26 (1) been disqualified and the disqualification was not set aside and no variance has been |
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| 3111 | | - | 94.27granted; |
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| 3112 | | - | 94.28 (2) been denied a license under this chapter or chapter 245A within the past two years; |
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| 3113 | | - | 94.29 (3) had a license issued under this chapter or chapter 245A revoked within the past five |
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| 3114 | | - | 94.30years; or |
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| 3115 | | - | 94Article 6 Section 1. |
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| 3116 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 95.1 (4) failed to submit the information required of an applicant under subdivision 1, |
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| 3117 | | - | 95.2paragraph (f), (g), or (h), after being requested by the commissioner. |
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| 3118 | | - | 95.3 When a license issued under this chapter or chapter 245A is revoked, the license holder |
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| 3119 | | - | 95.4and each affiliated controlling individual with a revoked license may not hold any license |
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| 3120 | | - | 95.5under chapter 142B for five years following the revocation, and other licenses held by the |
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| 3121 | | - | 95.6applicant or license holder or licenses affiliated with each controlling individual shall also |
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| 3122 | | - | 95.7be revoked. |
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| 3123 | | - | 95.8 (e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license |
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| 3124 | | - | 95.9affiliated with a license holder or controlling individual that had a license revoked within |
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| 3125 | | - | 95.10the past five years if the commissioner determines that (1) the license holder or controlling |
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| 3126 | | - | 95.11individual is operating the program in substantial compliance with applicable laws and rules |
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| 3127 | | - | 95.12and (2) the program's continued operation is in the best interests of the community being |
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| 3128 | | - | 95.13served. |
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| 3129 | | - | 95.14 (f) Notwithstanding paragraph (d), the commissioner may issue a new license in response |
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| 3130 | | - | 95.15to an application that is affiliated with an applicant, license holder, or controlling individual |
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| 3131 | | - | 95.16that had an application denied within the past two years or a license revoked within the past |
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| 3132 | | - | 95.17five years if the commissioner determines that (1) the applicant or controlling individual |
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| 3133 | | - | 95.18has operated one or more programs in substantial compliance with applicable laws and rules |
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| 3134 | | - | 95.19and (2) the program's operation would be in the best interests of the community to be served. |
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| 3135 | | - | 95.20 (g) In determining whether a program's operation would be in the best interests of the |
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| 3136 | | - | 95.21community to be served, the commissioner shall consider factors such as the number of |
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| 3137 | | - | 95.22persons served, the availability of alternative services available in the surrounding |
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| 3138 | | - | 95.23community, the management structure of the program, whether the program provides |
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| 3139 | | - | 95.24culturally specific services, and other relevant factors. |
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| 3140 | | - | 95.25 (h) The commissioner shall not issue or reissue a license under this chapter if an individual |
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| 3141 | | - | 95.26living in the household where the services will be provided as specified under section |
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| 3142 | | - | 95.27245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside |
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| 3143 | | - | 95.28and no variance has been granted. |
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| 3144 | | - | 95.29 (i) Pursuant to section 142B.18, subdivision 1, paragraph (b), when a license issued |
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| 3145 | | - | 95.30under this chapter has been suspended or revoked and the suspension or revocation is under |
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| 3146 | | - | 95.31appeal, the program may continue to operate pending a final order from the commissioner. |
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| 3147 | | - | 95.32If the license under suspension or revocation will expire before a final order is issued, a |
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| 3148 | | - | 95.33temporary provisional license may be issued provided any applicable license fee is paid |
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| 3149 | | - | 95.34before the temporary provisional license is issued. |
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| 3150 | | - | 95Article 6 Section 1. |
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| 3151 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 96.1 (j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of |
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| 3152 | | - | 96.2a controlling individual or license holder, and the controlling individual or license holder |
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| 3153 | | - | 96.3is ordered under section 245C.17 to be immediately removed from direct contact with |
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| 3154 | | - | 96.4persons receiving services or is ordered to be under continuous, direct supervision when |
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| 3155 | | - | 96.5providing direct contact services, the program may continue to operate only if the program |
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| 3156 | | - | 96.6complies with the order and submits documentation demonstrating compliance with the |
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| 3157 | | - | 96.7order. If the disqualified individual fails to submit a timely request for reconsideration, or |
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| 3158 | | - | 96.8if the disqualification is not set aside and no variance is granted, the order to immediately |
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| 3159 | | - | 96.9remove the individual from direct contact or to be under continuous, direct supervision |
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| 3160 | | - | 96.10remains in effect pending the outcome of a hearing and final order from the commissioner. |
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| 3161 | | - | 96.11 (k) For purposes of reimbursement for meals only, under the Child and Adult Care Food |
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| 3162 | | - | 96.12Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226, |
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| 3163 | | - | 96.13relocation within the same county by a licensed family day care provider, shall be considered |
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| 3164 | | - | 96.14an extension of the license for a period of no more than 30 calendar days or until the new |
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| 3165 | | - | 96.15license is issued, whichever occurs first, provided the county agency has determined the |
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| 3166 | | - | 96.16family day care provider meets licensure requirements at the new location. |
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| 3167 | | - | 96.17 (l) Unless otherwise specified by statute, all licenses issued under this chapter expire at |
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| 3168 | | - | 96.1812:01 a.m. on the day after the expiration date stated on the license. A license holder must |
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| 3169 | | - | 96.19apply for and be granted comply with the requirements in section 142B.12 and be reissued |
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| 3170 | | - | 96.20a new license to operate the program or the program must not be operated after the expiration |
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| 3171 | | - | 96.21date. Child foster care license holders must apply for and be granted a new license to operate |
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| 3172 | | - | 96.22the program or the program must not be operated after the expiration date. Upon |
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| 3173 | | - | 96.23implementation of the provider licensing and reporting hub, licenses may be issued each |
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| 3174 | | - | 96.24calendar year. |
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| 3175 | | - | 96.25 (m) The commissioner shall not issue or reissue a license under this chapter if it has |
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| 3176 | | - | 96.26been determined that a tribal licensing authority has established jurisdiction to license the |
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| 3177 | | - | 96.27program or service. |
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| 3178 | | - | 96.28 (n) The commissioner of children, youth, and families shall coordinate and share data |
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| 3179 | | - | 96.29with the commissioner of human services to enforce this section. |
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| 3180 | | - | 96.30Sec. 2. Minnesota Statutes 2024, section 142B.10, subdivision 16, is amended to read: |
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| 3181 | | - | 96.31 Subd. 16.Variances.(a) The commissioner may grant variances to rules that do not |
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| 3182 | | - | 96.32affect the health or safety of persons in a licensed program if the following conditions are |
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| 3183 | | - | 96.33met: |
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| 3184 | | - | 96Article 6 Sec. 2. |
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| 3185 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 97.1 (1) the variance must be requested by an applicant or license holder on a form and in a |
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| 3186 | | - | 97.2manner prescribed by the commissioner; |
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| 3187 | | - | 97.3 (2) the request for a variance must include the reasons that the applicant or license holder |
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| 3188 | | - | 97.4cannot comply with a requirement as stated in the rule and the alternative equivalent measures |
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| 3189 | | - | 97.5that the applicant or license holder will follow to comply with the intent of the rule; and |
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| 3190 | | - | 97.6 (3) the request must state the period of time for which the variance is requested. |
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| 3191 | | - | 97.7The commissioner may grant a permanent variance when conditions under which the variance |
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| 3192 | | - | 97.8is requested do not affect the health or safety of persons being served by the licensed program, |
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| 3193 | | - | 97.9nor compromise the qualifications of staff to provide services. The permanent variance shall |
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| 3194 | | - | 97.10expire as soon as the conditions that warranted the variance are modified in any way. Any |
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| 3195 | | - | 97.11applicant or license holder must inform the commissioner of any changes or modifications |
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| 3196 | | - | 97.12that have occurred in the conditions that warranted the permanent variance. Failure to advise |
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| 3197 | | - | 97.13the commissioner shall result in revocation of the permanent variance and may be cause for |
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| 3198 | | - | 97.14other sanctions under sections 142B.17 and 142B.18. |
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| 3199 | | - | 97.15The commissioner's decision to grant or deny a variance request is final and not subject to |
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| 3200 | | - | 97.16appeal under the provisions of chapter 14. |
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| 3201 | | - | 97.17 (b) The commissioner shall consider variances for child care center staff qualification |
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| 3202 | | - | 97.18requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect |
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| 3203 | | - | 97.19the health and safety of children served by the center. A variance request must be submitted |
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| 3204 | | - | 97.20to the commissioner in accordance with paragraph (a) and must include a plan for the staff |
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| 3205 | | - | 97.21person to gain additional experience, education, or training, as requested by the commissioner. |
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| 3206 | | - | 97.22When reviewing a variance request under this section, the commissioner shall consider the |
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| 3207 | | - | 97.23staff person's level of professional development, including but not limited to steps completed |
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| 3208 | | - | 97.24on the Minnesota career lattice. |
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| 3209 | | - | 97.25 (c) The commissioner must grant a variance for a child care program's licensed capacity |
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| 3210 | | - | 97.26limit if: |
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| 3211 | | - | 97.27 (1) the program's indoor space is within 100 square feet of what would be required for |
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| 3212 | | - | 97.28maximum enrollment in the program based on the program's number and qualifications of |
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| 3213 | | - | 97.29staff; |
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| 3214 | | - | 97.30 (2) the fire marshall approves the variance; and |
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| 3215 | | - | 97.31 (3) the applicant or license holder submits the variance request to the commissioner in |
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| 3216 | | - | 97.32accordance with paragraph (a). |
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| 3217 | | - | 97Article 6 Sec. 2. |
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| 3218 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 98.1For purposes of this paragraph, a "child care program" means a child care center or family |
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| 3219 | | - | 98.2or group family child care provider licensed under this chapter and Minnesota Rules, chapter |
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| 3220 | | - | 98.39502 or 9503. |
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| 3221 | | - | 98.4 (c) (d) Counties shall use a uniform application form developed by the commissioner |
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| 3222 | | - | 98.5for variance requests by family child care license holders. |
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| 3223 | | - | 98.6 Sec. 3. Minnesota Statutes 2024, section 142B.16, subdivision 2, is amended to read: |
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| 3224 | | - | 98.7 Subd. 2.Reconsideration of correction orders.(a) If the applicant or license holder |
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| 3225 | | - | 98.8believes that the contents of the commissioner's correction order are in error, the applicant |
|---|
| 3226 | | - | 98.9or license holder may ask the Department of Children, Youth, and Families to reconsider |
|---|
| 3227 | | - | 98.10the parts of the correction order that are alleged to be in error. The request for reconsideration |
|---|
| 3228 | | - | 98.11must be made in writing and must be postmarked and sent to the commissioner within 20 |
|---|
| 3229 | | - | 98.12calendar days after receipt of the correction order under this paragraph, or receipt of the |
|---|
| 3230 | | - | 98.13interpretive guidance under paragraph (d), by the applicant or license holder or submitted |
|---|
| 3231 | | - | 98.14in the provider licensing and reporting hub within 20 calendar days from the date the |
|---|
| 3232 | | - | 98.15commissioner issued the order under this paragraph, or provided the interpretive guidance |
|---|
| 3233 | | - | 98.16under paragraph (d), through the hub, and: |
|---|
| 3234 | | - | 98.17 (1) specify the parts of the correction order that are alleged to be in error; |
|---|
| 3235 | | - | 98.18 (2) explain why they are in error; and |
|---|
| 3236 | | - | 98.19 (3) include documentation to support the allegation of error. |
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| 3237 | | - | 98.20 (b) Upon implementation of the provider licensing and reporting hub, the provider must |
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| 3238 | | - | 98.21use the hub to request reconsideration under this paragraph, or to request interpretive guidance |
|---|
| 3239 | | - | 98.22under paragraph (d). A request for reconsideration does not stay any provisions or |
|---|
| 3240 | | - | 98.23requirements of the correction order. The commissioner's disposition of a request for |
|---|
| 3241 | | - | 98.24reconsideration is final and not subject to appeal under chapter 14. |
|---|
| 3242 | | - | 98.25 (b) (c) This paragraph applies only to licensed family child care providers. A licensed |
|---|
| 3243 | | - | 98.26family child care provider who requests reconsideration of a correction order under paragraph |
|---|
| 3244 | | - | 98.27(a) may also request, on a form and in the manner prescribed by the commissioner, that the |
|---|
| 3245 | | - | 98.28commissioner expedite the review if: |
|---|
| 3246 | | - | 98.29 (1) the provider is challenging a violation and provides a description of how complying |
|---|
| 3247 | | - | 98.30with the corrective action for that violation would require the substantial expenditure of |
|---|
| 3248 | | - | 98.31funds or a significant change to their program; and |
|---|
| 3249 | | - | 98Article 6 Sec. 3. |
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| 3250 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 99.1 (2) describes what actions the provider will take in lieu of the corrective action ordered |
|---|
| 3251 | | - | 99.2to ensure the health and safety of children in care pending the commissioner's review of the |
|---|
| 3252 | | - | 99.3correction order. |
|---|
| 3253 | | - | 99.4 (d) Prior to a request for reconsideration under paragraph (a), if the applicant or license |
|---|
| 3254 | | - | 99.5holder believes that the applicable rule or statute is ambiguous or the commissioner's |
|---|
| 3255 | | - | 99.6interpretation of the applicable rule or statute is in error, the applicant or license holder may |
|---|
| 3256 | | - | 99.7ask the Department of Children, Youth, and Families to provide interpretive guidance on |
|---|
| 3257 | | - | 99.8the applicable rule or statute underlying the correction order. |
|---|
| 3258 | | - | 99.9 (e) The commissioner must not publicly post the correction order for licensed child care |
|---|
| 3259 | | - | 99.10centers or licensed family child care providers on the department's website until: |
|---|
| 3260 | | - | 99.11 (1) after the 20-calendar-day period for requesting reconsideration; or |
|---|
| 3261 | | - | 99.12 (2) if the applicant or license holder requested reconsideration, after the commissioner's |
|---|
| 3262 | | - | 99.13disposition of a request for reconsideration is provided to the applicant or license holder. |
|---|
| 3263 | | - | 99.14 EFFECTIVE DATE.This section is effective July 1, 2025, except that paragraph (e) |
|---|
| 3264 | | - | 99.15is effective January 1, 2026, or upon federal approval, whichever is later. The commissioner |
|---|
| 3265 | | - | 99.16of children, youth, and families must notify the revisor of statutes when federal approval is |
|---|
| 3266 | | - | 99.17obtained. |
|---|
| 3267 | | - | 99.18Sec. 4. Minnesota Statutes 2024, section 142B.16, subdivision 5, is amended to read: |
|---|
| 3268 | | - | 99.19 Subd. 5.Requirement to post conditional license.For licensed family child care |
|---|
| 3269 | | - | 99.20providers and child care centers, upon receipt of any order of conditional license issued by |
|---|
| 3270 | | - | 99.21the commissioner under this section, and notwithstanding a pending request for |
|---|
| 3271 | | - | 99.22reconsideration of the order of conditional license by the license holder, the license holder |
|---|
| 3272 | | - | 99.23shall post the order of conditional license in a place that is conspicuous to the people receiving |
|---|
| 3273 | | - | 99.24services and all visitors to the facility for two years. When the order of conditional license |
|---|
| 3274 | | - | 99.25is accompanied by a maltreatment investigation memorandum prepared under section |
|---|
| 3275 | | - | 99.26626.557 or chapter 260E, the investigation memoranda must be posted with the order of |
|---|
| 3276 | | - | 99.27conditional license, and the license holder must post both in a place that is conspicuous to |
|---|
| 3277 | | - | 99.28the people receiving services and all visitors to the facility for ten years. |
|---|
| 3278 | | - | 99.29Sec. 5. Minnesota Statutes 2024, section 142B.171, subdivision 2, is amended to read: |
|---|
| 3279 | | - | 99.30 Subd. 2.Documented technical assistance.(a) In lieu of a correction order under section |
|---|
| 3280 | | - | 99.31142B.16, the commissioner shall provide documented technical assistance to a family child |
|---|
| 3281 | | - | 99.32care or child care center license holder if the commissioner finds that: |
|---|
| 3282 | | - | 99Article 6 Sec. 5. |
|---|
| 3283 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 100.1 (1) the license holder has failed to comply with a requirement in this chapter or Minnesota |
|---|
| 3284 | | - | 100.2Rules, chapter 9502 or 9503, that the commissioner determines to be low risk as determined |
|---|
| 3285 | | - | 100.3by the child care weighted risk system; |
|---|
| 3286 | | - | 100.4 (2) the noncompliance does not imminently endanger the health, safety, or rights of the |
|---|
| 3287 | | - | 100.5persons served by the program; and |
|---|
| 3288 | | - | 100.6 (3) the license holder did not receive documented technical assistance or a correction |
|---|
| 3289 | | - | 100.7order for the same violation at the license holder's most recent annual licensing inspection. |
|---|
| 3290 | | - | 100.8 (b) Documented technical assistance must include communication from the commissioner |
|---|
| 3291 | | - | 100.9to the license holder that: |
|---|
| 3292 | | - | 100.10 (1) states the conditions that constitute a violation of a law or rule; |
|---|
| 3293 | | - | 100.11 (2) references the specific law or rule violated; and |
|---|
| 3294 | | - | 100.12 (3) explains remedies for correcting the violation. |
|---|
| 3295 | | - | 100.13 (c) The commissioner shall not publicly publish documented technical assistance on the |
|---|
| 3296 | | - | 100.14department's website. |
|---|
| 3297 | | - | 100.15Sec. 6. Minnesota Statutes 2024, section 142B.18, subdivision 6, is amended to read: |
|---|
| 3298 | | - | 100.16 Subd. 6.Requirement to post licensing order or fine.For licensed family child care |
|---|
| 3299 | | - | 100.17providers and child care centers, upon receipt of any order of license suspension, temporary |
|---|
| 3300 | | - | 100.18immediate suspension, fine, or revocation issued by the commissioner under this section, |
|---|
| 3301 | | - | 100.19and notwithstanding a pending appeal of the order of license suspension, temporary |
|---|
| 3302 | | - | 100.20immediate suspension, fine, or revocation by the license holder, the license holder shall |
|---|
| 3303 | | - | 100.21post the order of license suspension, temporary immediate suspension, fine, or revocation |
|---|
| 3304 | | - | 100.22in a place that is conspicuous to the people receiving services and all visitors to the facility |
|---|
| 3305 | | - | 100.23for two years. When the order of license suspension, temporary immediate suspension, fine, |
|---|
| 3306 | | - | 100.24or revocation is accompanied by a maltreatment investigation memorandum prepared under |
|---|
| 3307 | | - | 100.25section 626.557 or chapter 260E, the investigation memoranda must be posted with the |
|---|
| 3308 | | - | 100.26order of license suspension, temporary immediate suspension, fine, or revocation, and the |
|---|
| 3309 | | - | 100.27license holder must post both in a place that is conspicuous to the people receiving services |
|---|
| 3310 | | - | 100.28and all visitors to the facility for ten years. |
|---|
| 3311 | | - | 100Article 6 Sec. 6. |
|---|
| 3312 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 101.1Sec. 7. [142B.181] POSTING LICENSING ACTIONS ON DEPARTMENT |
|---|
| 3313 | | - | 101.2WEBSITE. |
|---|
| 3314 | | - | 101.3 (a) The commissioner must post a summary document for each licensing action issued |
|---|
| 3315 | | - | 101.4to a licensed child care center and family child care provider on the Licensing Information |
|---|
| 3316 | | - | 101.5Lookup public website maintained by the Department of Children, Youth, and Families. |
|---|
| 3317 | | - | 101.6The commissioner must not post any communication, including letters, from the |
|---|
| 3318 | | - | 101.7commissioner to the center or provider. |
|---|
| 3319 | | - | 101.8 (b) The commissioner must remove a summary document from the Licensing Information |
|---|
| 3320 | | - | 101.9Lookup public website within ten days of the length of time that the document is required |
|---|
| 3321 | | - | 101.10to be posted under Code of Federal Regulations, title 45, section 98.33. |
|---|
| 3322 | | - | 101.11 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval, |
|---|
| 3323 | | - | 101.12whichever is later. The commissioner of children, youth, and families must notify the revisor |
|---|
| 3324 | | - | 101.13of statutes when federal approval is obtained. |
|---|
| 3325 | | - | 101.14Sec. 8. Minnesota Statutes 2024, section 142B.30, subdivision 1, is amended to read: |
|---|
| 3326 | | - | 101.15 Subdivision 1.Delegation of authority to agencies.(a) County agencies and private |
|---|
| 3327 | | - | 101.16agencies that have been designated or licensed by the commissioner to perform licensing |
|---|
| 3328 | | - | 101.17functions and activities under section 142B.10; to recommend denial of applicants under |
|---|
| 3329 | | - | 101.18section 142B.15; to issue correction orders, to issue variances, and to recommend a |
|---|
| 3330 | | - | 101.19conditional license under section 142B.16; or to recommend suspending or revoking a |
|---|
| 3331 | | - | 101.20license or issuing a fine under section 142B.18, shall comply with rules and directives of |
|---|
| 3332 | | - | 101.21the commissioner governing those functions and with this section. The following variances |
|---|
| 3333 | | - | 101.22are excluded from the delegation of variance authority and may be issued only by the |
|---|
| 3334 | | - | 101.23commissioner: |
|---|
| 3335 | | - | 101.24 (1) dual licensure of family child care and family child foster care; |
|---|
| 3336 | | - | 101.25 (2) child foster care maximum age requirement; |
|---|
| 3337 | | - | 101.26 (3) variances regarding disqualified individuals; |
|---|
| 3338 | | - | 101.27 (4) variances to requirements relating to chemical use problems of a license holder or a |
|---|
| 3339 | | - | 101.28household member of a license holder; and |
|---|
| 3340 | | - | 101.29 (5) variances to section 142B.74 for a time-limited period. If the commissioner grants |
|---|
| 3341 | | - | 101.30a variance under this clause, the license holder must provide notice of the variance to all |
|---|
| 3342 | | - | 101.31parents and guardians of the children in care. |
|---|
| 3343 | | - | 101Article 6 Sec. 8. |
|---|
| 3344 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 102.1 (b) The commissioners of human services and children, youth, and families must both |
|---|
| 3345 | | - | 102.2approve a variance for dual licensure of family child foster care and family adult foster care |
|---|
| 3346 | | - | 102.3or family adult foster care and family child care. Variances under this paragraph are excluded |
|---|
| 3347 | | - | 102.4from the delegation of variance authority and may be issued only by both commissioners. |
|---|
| 3348 | | - | 102.5 (c) Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency |
|---|
| 3349 | | - | 102.6must not grant a license holder a variance to exceed the maximum allowable family child |
|---|
| 3350 | | - | 102.7care license capacity of 14 children. |
|---|
| 3351 | | - | 102.8 (d) A county agency that has been designated by the commissioner to issue family child |
|---|
| 3352 | | - | 102.9care variances must: |
|---|
| 3353 | | - | 102.10 (1) publish the county agency's policies and criteria for issuing variances on the county's |
|---|
| 3354 | | - | 102.11public website and update the policies as necessary; and |
|---|
| 3355 | | - | 102.12 (2) annually distribute the county agency's policies and criteria for issuing variances to |
|---|
| 3356 | | - | 102.13all family child care license holders in the county. |
|---|
| 3357 | | - | 102.14 (e) Before the implementation of NETStudy 2.0, county agencies must report information |
|---|
| 3358 | | - | 102.15about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision |
|---|
| 3359 | | - | 102.162, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the |
|---|
| 3360 | | - | 102.17commissioner at least monthly in a format prescribed by the commissioner. |
|---|
| 3361 | | - | 102.18 (f) For family child care programs, the commissioner shall require a county agency to |
|---|
| 3362 | | - | 102.19conduct one unannounced licensing review at least annually. |
|---|
| 3363 | | - | 102.20 (g) A child foster care license issued under this section may be issued for up to two years |
|---|
| 3364 | | - | 102.21until implementation of the provider licensing and reporting hub. Upon implementation of |
|---|
| 3365 | | - | 102.22the provider licensing and reporting hub, licenses may be issued each calendar year. |
|---|
| 3366 | | - | 102.23 (h) A county agency shall report to the commissioner, in a manner prescribed by the |
|---|
| 3367 | | - | 102.24commissioner, the following information for a licensed family child care program: |
|---|
| 3368 | | - | 102.25 (1) the results of each licensing review completed, including the date of the review, and |
|---|
| 3369 | | - | 102.26any licensing correction order issued; |
|---|
| 3370 | | - | 102.27 (2) any death, serious injury, or determination of substantiated maltreatment; and |
|---|
| 3371 | | - | 102.28 (3) any fires that require the service of a fire department within 48 hours of the fire. The |
|---|
| 3372 | | - | 102.29information under this clause must also be reported to the state fire marshal within two |
|---|
| 3373 | | - | 102.30business days of receiving notice from a licensed family child care provider. |
|---|
| 3374 | | - | 102Article 6 Sec. 8. |
|---|
| 3375 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 103.1Sec. 9. Minnesota Statutes 2024, section 142B.41, is amended by adding a subdivision to |
|---|
| 3376 | | - | 103.2read: |
|---|
| 3377 | | - | 103.3 Subd. 7a.Staff distribution.Notwithstanding Minnesota Rules, part 9503.0040, subpart |
|---|
| 3378 | | - | 103.42, item B, an aide may substitute for a teacher during morning arrival and afternoon departure |
|---|
| 3379 | | - | 103.5times in a licensed child care center if the total arrival and departure time does not exceed |
|---|
| 3380 | | - | 103.625 percent of the center's daily hours of operation. In order for an aide to be used in this |
|---|
| 3381 | | - | 103.7capacity, an aide must: |
|---|
| 3382 | | - | 103.8 (1) be at least 18 years of age; |
|---|
| 3383 | | - | 103.9 (2) have worked in the licensed child care center for a minimum of 30 days; and |
|---|
| 3384 | | - | 103.10 (3) have completed all preservice and first-90-days training required for licensing. |
|---|
| 3385 | | - | 103.11 EFFECTIVE DATE.This section is effective July 1, 2025. |
|---|
| 3386 | | - | 103.12Sec. 10. Minnesota Statutes 2024, section 142B.51, subdivision 2, is amended to read: |
|---|
| 3387 | | - | 103.13 Subd. 2.Child passenger restraint systems; training requirement.(a) Programs |
|---|
| 3388 | | - | 103.14licensed by the Department of Human Services under chapter 245A or the Department of |
|---|
| 3389 | | - | 103.15Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that |
|---|
| 3390 | | - | 103.16serve a child or children under eight nine years of age must document training that fulfills |
|---|
| 3391 | | - | 103.17the requirements in this subdivision. |
|---|
| 3392 | | - | 103.18 (b) Before a license holder, staff person, or caregiver transports a child or children under |
|---|
| 3393 | | - | 103.19age eight nine in a motor vehicle, the person transporting the child must satisfactorily |
|---|
| 3394 | | - | 103.20complete training on the proper use and installation of child restraint systems in motor |
|---|
| 3395 | | - | 103.21vehicles. Training completed under this section may be used to meet initial or ongoing |
|---|
| 3396 | | - | 103.22training under Minnesota Rules, part 2960.3070, subparts 1 and 2. |
|---|
| 3397 | | - | 103.23 (c) Training required under this section must be completed at orientation or initial training |
|---|
| 3398 | | - | 103.24and repeated at least once every five years. At a minimum, the training must address the |
|---|
| 3399 | | - | 103.25proper use of child restraint systems based on the child's size, weight, and age, and the |
|---|
| 3400 | | - | 103.26proper installation of a car seat or booster seat in the motor vehicle used by the license |
|---|
| 3401 | | - | 103.27holder to transport the child or children. |
|---|
| 3402 | | - | 103.28 (d) Training under paragraph (c) must be provided by individuals who are certified and |
|---|
| 3403 | | - | 103.29approved by the Office of Traffic Safety within the Department of Public Safety. License |
|---|
| 3404 | | - | 103.30holders may obtain a list of certified and approved trainers through the Department of Public |
|---|
| 3405 | | - | 103.31Safety website or by contacting the agency. |
|---|
| 3406 | | - | 103Article 6 Sec. 10. |
|---|
| 3407 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 104.1 (e) Notwithstanding paragraph (a), for an emergency relative placement under section |
|---|
| 3408 | | - | 104.2142B.06, the commissioner may grant a variance to the training required by this subdivision |
|---|
| 3409 | | - | 104.3for a relative who completes a child seat safety check up. The child seat safety check up |
|---|
| 3410 | | - | 104.4trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and |
|---|
| 3411 | | - | 104.5must provide one-on-one instruction on placing a child of a specific age in the exact child |
|---|
| 3412 | | - | 104.6passenger restraint in the motor vehicle in which the child will be transported. Once granted |
|---|
| 3413 | | - | 104.7a variance, and if all other licensing requirements are met, the relative applicant may receive |
|---|
| 3414 | | - | 104.8a license and may transport a relative foster child younger than eight years of age. A child |
|---|
| 3415 | | - | 104.9seat safety check up must be completed each time a child requires a different size car seat |
|---|
| 3416 | | - | 104.10according to car seat and vehicle manufacturer guidelines. A relative license holder must |
|---|
| 3417 | | - | 104.11complete training that meets the other requirements of this subdivision prior to placement |
|---|
| 3418 | | - | 104.12of another foster child younger than eight years of age in the home or prior to the renewal |
|---|
| 3419 | | - | 104.13of the child foster care license. |
|---|
| 3420 | | - | 104.14 EFFECTIVE DATE.This section is effective January 1, 2026, except paragraph (e), |
|---|
| 3421 | | - | 104.15which is effective July 1, 2026. |
|---|
| 3422 | | - | 104.16Sec. 11. Minnesota Statutes 2024, section 142B.65, subdivision 8, is amended to read: |
|---|
| 3423 | | - | 104.17 Subd. 8.Child passenger restraint systems; training requirement.(a) Before a license |
|---|
| 3424 | | - | 104.18holder transports a child or children under age eight nine in a motor vehicle, the person |
|---|
| 3425 | | - | 104.19placing the child or children in a passenger restraint must satisfactorily complete training |
|---|
| 3426 | | - | 104.20on the proper use and installation of child restraint systems in motor vehicles. |
|---|
| 3427 | | - | 104.21 (b) Training required under this subdivision must be repeated at least once every five |
|---|
| 3428 | | - | 104.22years. At a minimum, the training must address the proper use of child restraint systems |
|---|
| 3429 | | - | 104.23based on the child's size, weight, and age, and the proper installation of a car seat or booster |
|---|
| 3430 | | - | 104.24seat in the motor vehicle used by the license holder to transport the child or children. |
|---|
| 3431 | | - | 104.25 (c) Training required under this subdivision must be provided by individuals who are |
|---|
| 3432 | | - | 104.26certified and approved by the Department of Public Safety, Office of Traffic Safety. License |
|---|
| 3433 | | - | 104.27holders may obtain a list of certified and approved trainers through the Department of Public |
|---|
| 3434 | | - | 104.28Safety website or by contacting the agency. |
|---|
| 3435 | | - | 104.29 (d) Child care providers that only transport school-age children as defined in section |
|---|
| 3436 | | - | 104.30142B.01, subdivision 25, in child care buses as defined in section 169.448, subdivision 1, |
|---|
| 3437 | | - | 104.31paragraph (e), are exempt from this subdivision. |
|---|
| 3438 | | - | 104Article 6 Sec. 11. |
|---|
| 3439 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 105.1 (e) Training completed under this subdivision may be used to meet in-service training |
|---|
| 3440 | | - | 105.2requirements under subdivision 9. Training completed within the previous five years is |
|---|
| 3441 | | - | 105.3transferable upon a staff person's change in employment to another child care center. |
|---|
| 3442 | | - | 105.4 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 3443 | | - | 105.5Sec. 12. Minnesota Statutes 2024, section 142B.65, subdivision 9, is amended to read: |
|---|
| 3444 | | - | 105.6 Subd. 9.In-service training.(a) A license holder must ensure that the center director, |
|---|
| 3445 | | - | 105.7staff persons, substitutes, and unsupervised volunteers complete in-service training each |
|---|
| 3446 | | - | 105.8calendar year. |
|---|
| 3447 | | - | 105.9 (b) The center director and staff persons who work more than 20 hours per week must |
|---|
| 3448 | | - | 105.10complete 24 hours of in-service training each calendar year. Staff persons who work 20 |
|---|
| 3449 | | - | 105.11hours or less per week must complete 12 hours of in-service training each calendar year. |
|---|
| 3450 | | - | 105.12Substitutes and unsupervised volunteers must complete at least two hours of training each |
|---|
| 3451 | | - | 105.13year, and the training must include the requirements of paragraphs (d) to (g) and do not |
|---|
| 3452 | | - | 105.14otherwise have a minimum number of hours of training to complete. |
|---|
| 3453 | | - | 105.15 (c) The number of in-service training hours may be prorated for individuals center |
|---|
| 3454 | | - | 105.16directors and staff persons not employed for an entire year. |
|---|
| 3455 | | - | 105.17 (d) Each year, in-service training must include: |
|---|
| 3456 | | - | 105.18 (1) the center's procedures for maintaining health and safety according to section 142B.66 |
|---|
| 3457 | | - | 105.19and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according |
|---|
| 3458 | | - | 105.20to Minnesota Rules, part 9503.0110; |
|---|
| 3459 | | - | 105.21 (2) the reporting responsibilities under chapter 260E and Minnesota Rules, part |
|---|
| 3460 | | - | 105.229503.0130; |
|---|
| 3461 | | - | 105.23 (3) at least one-half hour of training on the standards under section 142B.46 and on |
|---|
| 3462 | | - | 105.24reducing the risk of sudden unexpected infant death as required under subdivision 6, if |
|---|
| 3463 | | - | 105.25applicable; and |
|---|
| 3464 | | - | 105.26 (4) at least one-half hour of training on the risk of abusive head trauma from shaking |
|---|
| 3465 | | - | 105.27infants and young children as required under subdivision 7, if applicable. |
|---|
| 3466 | | - | 105.28 (e) Each year, or when a change is made, whichever is more frequent, in-service training |
|---|
| 3467 | | - | 105.29must be provided on: (1) the center's risk reduction plan under section 142B.54, subdivision |
|---|
| 3468 | | - | 105.302; and (2) a child's individual child care program plan as required under Minnesota Rules, |
|---|
| 3469 | | - | 105.31part 9503.0065, subpart 3. |
|---|
| 3470 | | - | 105.32 (f) At least once every two calendar years, the in-service training must include: |
|---|
| 3471 | | - | 105Article 6 Sec. 12. |
|---|
| 3472 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 106.1 (1) child development and learning training under subdivision 3; |
|---|
| 3473 | | - | 106.2 (2) pediatric first aid that meets the requirements of subdivision 4; |
|---|
| 3474 | | - | 106.3 (3) pediatric cardiopulmonary resuscitation training that meets the requirements of |
|---|
| 3475 | | - | 106.4subdivision 5; |
|---|
| 3476 | | - | 106.5 (4) cultural dynamics training to increase awareness of cultural differences; and |
|---|
| 3477 | | - | 106.6 (5) disabilities training to increase awareness of differing abilities of children. |
|---|
| 3478 | | - | 106.7 (g) At least once every five years, in-service training must include child passenger |
|---|
| 3479 | | - | 106.8restraint training that meets the requirements of subdivision 8, if applicable. |
|---|
| 3480 | | - | 106.9 (h) The remaining hours of the in-service training requirement must be met by completing |
|---|
| 3481 | | - | 106.10training in the following content areas of the Minnesota Knowledge and Competency |
|---|
| 3482 | | - | 106.11Framework: |
|---|
| 3483 | | - | 106.12 (1) Content area I: child development and learning; |
|---|
| 3484 | | - | 106.13 (2) Content area II: developmentally appropriate learning experiences; |
|---|
| 3485 | | - | 106.14 (3) Content area III: relationships with families; |
|---|
| 3486 | | - | 106.15 (4) Content area IV: assessment, evaluation, and individualization; |
|---|
| 3487 | | - | 106.16 (5) Content area V: historical and contemporary development of early childhood |
|---|
| 3488 | | - | 106.17education; |
|---|
| 3489 | | - | 106.18 (6) Content area VI: professionalism; |
|---|
| 3490 | | - | 106.19 (7) Content area VII: health, safety, and nutrition; and |
|---|
| 3491 | | - | 106.20 (8) Content area VIII: application through clinical experiences. |
|---|
| 3492 | | - | 106.21 (i) For purposes of this subdivision, the following terms have the meanings given them. |
|---|
| 3493 | | - | 106.22 (1) "Child development and learning training" means training in understanding how |
|---|
| 3494 | | - | 106.23children develop physically, cognitively, emotionally, and socially and learn as part of the |
|---|
| 3495 | | - | 106.24children's family, culture, and community. |
|---|
| 3496 | | - | 106.25 (2) "Developmentally appropriate learning experiences" means creating positive learning |
|---|
| 3497 | | - | 106.26experiences, promoting cognitive development, promoting social and emotional development, |
|---|
| 3498 | | - | 106.27promoting physical development, and promoting creative development. |
|---|
| 3499 | | - | 106.28 (3) "Relationships with families" means training on building a positive, respectful |
|---|
| 3500 | | - | 106.29relationship with the child's family. |
|---|
| 3501 | | - | 106Article 6 Sec. 12. |
|---|
| 3502 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 107.1 (4) "Assessment, evaluation, and individualization" means training in observing, |
|---|
| 3503 | | - | 107.2recording, and assessing development; assessing and using information to plan; and assessing |
|---|
| 3504 | | - | 107.3and using information to enhance and maintain program quality. |
|---|
| 3505 | | - | 107.4 (5) "Historical and contemporary development of early childhood education" means |
|---|
| 3506 | | - | 107.5training in past and current practices in early childhood education and how current events |
|---|
| 3507 | | - | 107.6and issues affect children, families, and programs. |
|---|
| 3508 | | - | 107.7 (6) "Professionalism" means training in knowledge, skills, and abilities that promote |
|---|
| 3509 | | - | 107.8ongoing professional development. |
|---|
| 3510 | | - | 107.9 (7) "Health, safety, and nutrition" means training in establishing health practices, ensuring |
|---|
| 3511 | | - | 107.10safety, and providing healthy nutrition. |
|---|
| 3512 | | - | 107.11 (8) "Application through clinical experiences" means clinical experiences in which a |
|---|
| 3513 | | - | 107.12person applies effective teaching practices using a range of educational programming models. |
|---|
| 3514 | | - | 107.13 (j) The license holder must ensure that documentation, as required in subdivision 10, |
|---|
| 3515 | | - | 107.14includes the number of total training hours required to be completed, name of the training, |
|---|
| 3516 | | - | 107.15the Minnesota Knowledge and Competency Framework content area, number of hours |
|---|
| 3517 | | - | 107.16completed, and the director's approval of the training. |
|---|
| 3518 | | - | 107.17 (k) In-service training completed by a staff person that is not specific to that child care |
|---|
| 3519 | | - | 107.18center is transferable upon a staff person's change in employment to another child care |
|---|
| 3520 | | - | 107.19program. |
|---|
| 3521 | | - | 107.20Sec. 13. Minnesota Statutes 2024, section 142B.66, subdivision 3, is amended to read: |
|---|
| 3522 | | - | 107.21 Subd. 3.Emergency preparedness.(a) A licensed child care center must have a written |
|---|
| 3523 | | - | 107.22emergency plan for emergencies that require evacuation, sheltering, or other protection of |
|---|
| 3524 | | - | 107.23a child, such as fire, natural disaster, intruder, or other threatening situation that may pose |
|---|
| 3525 | | - | 107.24a health or safety hazard to a child. The plan must be written on a form developed by the |
|---|
| 3526 | | - | 107.25commissioner and must include: |
|---|
| 3527 | | - | 107.26 (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown; |
|---|
| 3528 | | - | 107.27 (2) a designated relocation site and evacuation route; |
|---|
| 3529 | | - | 107.28 (3) procedures for notifying a child's parent or legal guardian of the evacuation, relocation, |
|---|
| 3530 | | - | 107.29shelter-in-place, or lockdown, including procedures for reunification with families; |
|---|
| 3531 | | - | 107.30 (4) accommodations for a child with a disability or a chronic medical condition; |
|---|
| 3532 | | - | 107Article 6 Sec. 13. |
|---|
| 3533 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 108.1 (5) procedures for storing a child's medically necessary medicine that facilitates easy |
|---|
| 3534 | | - | 108.2removal during an evacuation or relocation; |
|---|
| 3535 | | - | 108.3 (6) procedures for continuing operations in the period during and after a crisis; |
|---|
| 3536 | | - | 108.4 (7) procedures for communicating with local emergency management officials, law |
|---|
| 3537 | | - | 108.5enforcement officials, or other appropriate state or local authorities; and |
|---|
| 3538 | | - | 108.6 (8) accommodations for infants and toddlers. |
|---|
| 3539 | | - | 108.7 (b) The license holder must train staff persons on the emergency plan at orientation, |
|---|
| 3540 | | - | 108.8when changes are made to the plan, and at least once each calendar year. Training must be |
|---|
| 3541 | | - | 108.9documented in each staff person's personnel file. |
|---|
| 3542 | | - | 108.10 (c) The license holder must conduct drills according to the requirements in Minnesota |
|---|
| 3543 | | - | 108.11Rules, part 9503.0110, subpart 3. The date and time of the drills must be documented. |
|---|
| 3544 | | - | 108.12 (d) The license holder must review and update the emergency plan annually each calendar |
|---|
| 3545 | | - | 108.13year. Documentation of the annual yearly emergency plan review shall be maintained in |
|---|
| 3546 | | - | 108.14the program's administrative records. |
|---|
| 3547 | | - | 108.15 (e) The license holder must include the emergency plan in the program's policies and |
|---|
| 3548 | | - | 108.16procedures as specified under section 142B.10, subdivision 21. The license holder must |
|---|
| 3549 | | - | 108.17provide a physical or electronic copy of the emergency plan to the child's parent or legal |
|---|
| 3550 | | - | 108.18guardian upon enrollment. |
|---|
| 3551 | | - | 108.19 (f) The relocation site and evacuation route must be posted in a visible place as part of |
|---|
| 3552 | | - | 108.20the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140, |
|---|
| 3553 | | - | 108.21subpart 21. |
|---|
| 3554 | | - | 108.22Sec. 14. Minnesota Statutes 2024, section 142B.70, subdivision 7, is amended to read: |
|---|
| 3555 | | - | 108.23 Subd. 7.Child passenger restraint systems; training requirement.(a) A license |
|---|
| 3556 | | - | 108.24holder must comply with all seat belt and child passenger restraint system requirements |
|---|
| 3557 | | - | 108.25under section 169.685. |
|---|
| 3558 | | - | 108.26 (b) Family and group family child care programs licensed by the Department of Children, |
|---|
| 3559 | | - | 108.27Youth, and Families that serve a child or children under eight nine years of age must |
|---|
| 3560 | | - | 108.28document training that fulfills the requirements in this subdivision. |
|---|
| 3561 | | - | 108.29 (1) Before a license holder, second adult caregiver, substitute, or helper transports a |
|---|
| 3562 | | - | 108.30child or children under age eight nine in a motor vehicle, the person placing the child or |
|---|
| 3563 | | - | 108.31children in a passenger restraint must satisfactorily complete training on the proper use and |
|---|
| 3564 | | - | 108.32installation of child restraint systems in motor vehicles. Training completed under this |
|---|
| 3565 | | - | 108Article 6 Sec. 14. |
|---|
| 3566 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 109.1subdivision may be used to meet initial training under subdivision 1 or ongoing training |
|---|
| 3567 | | - | 109.2under subdivision 8. |
|---|
| 3568 | | - | 109.3 (2) Training required under this subdivision must be at least one hour in length, completed |
|---|
| 3569 | | - | 109.4at initial training, and repeated at least once every five years. At a minimum, the training |
|---|
| 3570 | | - | 109.5must address the proper use of child restraint systems based on the child's size, weight, and |
|---|
| 3571 | | - | 109.6age, and the proper installation of a car seat or booster seat in the motor vehicle used by the |
|---|
| 3572 | | - | 109.7license holder to transport the child or children. |
|---|
| 3573 | | - | 109.8 (3) Training under this subdivision must be provided by individuals who are certified |
|---|
| 3574 | | - | 109.9and approved by the Department of Public Safety, Office of Traffic Safety. License holders |
|---|
| 3575 | | - | 109.10may obtain a list of certified and approved trainers through the Department of Public Safety |
|---|
| 3576 | | - | 109.11website or by contacting the agency. |
|---|
| 3577 | | - | 109.12 (c) Child care providers that only transport school-age children as defined in section |
|---|
| 3578 | | - | 109.13142B.01, subdivision 13, paragraph (f), in child care buses as defined in section 169.448, |
|---|
| 3579 | | - | 109.14subdivision 1, paragraph (e), are exempt from this subdivision. |
|---|
| 3580 | | - | 109.15 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 3581 | | - | 109.16Sec. 15. Minnesota Statutes 2024, section 142B.70, subdivision 8, is amended to read: |
|---|
| 3582 | | - | 109.17 Subd. 8.Training requirements for family and group family child care.(a) For |
|---|
| 3583 | | - | 109.18purposes of family and group family child care, the license holder and each second adult |
|---|
| 3584 | | - | 109.19caregiver must complete 16 hours of ongoing training each year. Repeat of topical training |
|---|
| 3585 | | - | 109.20requirements in subdivisions 3 to 9 shall count toward the annual 16-hour training |
|---|
| 3586 | | - | 109.21requirement. Additional ongoing training subjects to meet the annual 16-hour training |
|---|
| 3587 | | - | 109.22requirement must be selected from the following areas: |
|---|
| 3588 | | - | 109.23 (1) child development and learning training in understanding how a child develops |
|---|
| 3589 | | - | 109.24physically, cognitively, emotionally, and socially, and how a child learns as part of the |
|---|
| 3590 | | - | 109.25child's family, culture, and community; |
|---|
| 3591 | | - | 109.26 (2) developmentally appropriate learning experiences, including training in creating |
|---|
| 3592 | | - | 109.27positive learning experiences, promoting cognitive development, promoting social and |
|---|
| 3593 | | - | 109.28emotional development, promoting physical development, promoting creative development; |
|---|
| 3594 | | - | 109.29and behavior guidance; |
|---|
| 3595 | | - | 109.30 (3) relationships with families, including training in building a positive, respectful |
|---|
| 3596 | | - | 109.31relationship with the child's family; |
|---|
| 3597 | | - | 109Article 6 Sec. 15. |
|---|
| 3598 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 110.1 (4) assessment, evaluation, and individualization, including training in observing, |
|---|
| 3599 | | - | 110.2recording, and assessing development; assessing and using information to plan; and assessing |
|---|
| 3600 | | - | 110.3and using information to enhance and maintain program quality; |
|---|
| 3601 | | - | 110.4 (5) historical and contemporary development of early childhood education, including |
|---|
| 3602 | | - | 110.5training in past and current practices in early childhood education and how current events |
|---|
| 3603 | | - | 110.6and issues affect children, families, and programs; |
|---|
| 3604 | | - | 110.7 (6) professionalism, including training in knowledge, skills, and abilities that promote |
|---|
| 3605 | | - | 110.8ongoing professional development; and |
|---|
| 3606 | | - | 110.9 (7) health, safety, and nutrition, including training in establishing healthy practices; |
|---|
| 3607 | | - | 110.10ensuring safety; and providing healthy nutrition. |
|---|
| 3608 | | - | 110.11 (b) A provider who is approved as a trainer through the Develop data system may count |
|---|
| 3609 | | - | 110.12up to two hours of training instruction toward the annual 16-hour training requirement in |
|---|
| 3610 | | - | 110.13paragraph (a). The provider may only count training instruction hours for the first instance |
|---|
| 3611 | | - | 110.14in which they deliver a particular content-specific training during each licensing year. Hours |
|---|
| 3612 | | - | 110.15counted as training instruction must be approved through the Develop data system with |
|---|
| 3613 | | - | 110.16attendance verified on the trainer's individual learning record and must be in Knowledge |
|---|
| 3614 | | - | 110.17and Competency Framework content area VII A (Establishing Healthy Practices) or B |
|---|
| 3615 | | - | 110.18(Ensuring Safety). |
|---|
| 3616 | | - | 110.19 (c) Substitutes and adult caregivers who provide care for 500 or fewer hours per year |
|---|
| 3617 | | - | 110.20must complete a minimum of one hour of training each calendar year, and the training must |
|---|
| 3618 | | - | 110.21include the requirements in subdivisions 3, 4, 5, 6, and 9. |
|---|
| 3619 | | - | 110.22Sec. 16. Minnesota Statutes 2024, section 142C.06, is amended by adding a subdivision |
|---|
| 3620 | | - | 110.23to read: |
|---|
| 3621 | | - | 110.24 Subd. 4.Requirement to post conditional certification.Upon receipt of any order of |
|---|
| 3622 | | - | 110.25conditional certification issued by the commissioner under this section, and notwithstanding |
|---|
| 3623 | | - | 110.26a pending request for reconsideration of the order of conditional certification by the |
|---|
| 3624 | | - | 110.27certification holder, the certification holder shall post the order of conditional certification |
|---|
| 3625 | | - | 110.28in a place that is conspicuous to the people receiving services and all visitors to the facility |
|---|
| 3626 | | - | 110.29for the duration of the conditional certification. When the order of conditional certification |
|---|
| 3627 | | - | 110.30is accompanied by a maltreatment investigation memorandum prepared under chapter 260E, |
|---|
| 3628 | | - | 110.31the investigation memoranda must be posted with the order of conditional certification. |
|---|
| 3629 | | - | 110Article 6 Sec. 16. |
|---|
| 3630 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 111.1Sec. 17. Minnesota Statutes 2024, section 142C.11, subdivision 8, is amended to read: |
|---|
| 3631 | | - | 111.2 Subd. 8.Required policies.A certified center must have written policies for health and |
|---|
| 3632 | | - | 111.3safety items in subdivisions 1 to 6, 9, and 10. |
|---|
| 3633 | | - | 111.4Sec. 18. Minnesota Statutes 2024, section 142C.12, subdivision 1, is amended to read: |
|---|
| 3634 | | - | 111.5 Subdivision 1.First aid and cardiopulmonary resuscitation.(a) Before having |
|---|
| 3635 | | - | 111.6unsupervised direct contact with a child, but within 90 days after the first date of direct |
|---|
| 3636 | | - | 111.7contact with a child, the director, all staff persons, substitutes, and unsupervised volunteers |
|---|
| 3637 | | - | 111.8must successfully complete pediatric first aid and pediatric cardiopulmonary resuscitation |
|---|
| 3638 | | - | 111.9(CPR) training, unless the training has been completed within the previous two calendar |
|---|
| 3639 | | - | 111.10years. Staff must complete the pediatric first aid and pediatric CPR training at least every |
|---|
| 3640 | | - | 111.11other calendar year and the center must document the training in the staff person's personnel |
|---|
| 3641 | | - | 111.12record. |
|---|
| 3642 | | - | 111.13 (b) Training completed under this subdivision may be used to meet the in-service training |
|---|
| 3643 | | - | 111.14requirements under subdivision 6. |
|---|
| 3644 | | - | 111.15 (c) Training must include CPR and techniques for providing immediate care to people |
|---|
| 3645 | | - | 111.16experiencing life-threatening cardiac emergencies, choking, bleeding, fractures and sprains, |
|---|
| 3646 | | - | 111.17head injuries, poisoning, and burns. Training developed by the American Heart Association, |
|---|
| 3647 | | - | 111.18the American Red Cross, or another organization that uses nationally recognized, |
|---|
| 3648 | | - | 111.19evidence-based guidelines meets these requirements. |
|---|
| 3649 | | - | 111.20 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 3650 | | - | 111.21Sec. 19. Minnesota Statutes 2024, section 142C.12, subdivision 6, is amended to read: |
|---|
| 3651 | | - | 111.22 Subd. 6.In-service training.(a) The certified center must ensure that the director and |
|---|
| 3652 | | - | 111.23all staff persons, including substitutes and unsupervised volunteers, are trained at least once |
|---|
| 3653 | | - | 111.24each calendar year on health and safety requirements in this section and sections 142C.10, |
|---|
| 3654 | | - | 111.25142C.11, and 142C.13. |
|---|
| 3655 | | - | 111.26 (b) The director and each staff person, not including substitutes, must complete at least |
|---|
| 3656 | | - | 111.27six hours of training each calendar year. Substitutes must complete at least two hours of |
|---|
| 3657 | | - | 111.28training each calendar year. Training required under paragraph (a) may be used toward the |
|---|
| 3658 | | - | 111.29hourly training requirements of this subdivision. |
|---|
| 3659 | | - | 111Article 6 Sec. 19. |
|---|
| 3660 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 112.1Sec. 20. Minnesota Statutes 2024, section 245A.18, subdivision 1, is amended to read: |
|---|
| 3661 | | - | 112.2 Subdivision 1.Seat belt and child passenger restraint system use.All license holders |
|---|
| 3662 | | - | 112.3that transport children must comply with the requirements of section 142B.51, subdivision |
|---|
| 3663 | | - | 112.41, and license holders that transport a child or children under eight nine years of age must |
|---|
| 3664 | | - | 112.5document training that fulfills the requirements in section 142B.51, subdivision 2. |
|---|
| 3665 | | - | 112.6 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 3666 | | - | 112.7Sec. 21. DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND |
|---|
| 3667 | | - | 112.8FAMILIES; AMENDING THE DEFINITION OF EDUCATION. |
|---|
| 3668 | | - | 112.9 The commissioner of children, youth, and families must amend Minnesota Rules, part |
|---|
| 3669 | | - | 112.109503.0030, subpart 1, item B, to include any accredited coursework from an accredited |
|---|
| 3670 | | - | 112.11postsecondary institution that can reasonably be shown to be relevant to any skill necessary |
|---|
| 3671 | | - | 112.12to meet the qualifications of a teacher. |
|---|
| 3672 | | - | 112.13 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 3673 | | - | 112.14Sec. 22. DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND |
|---|
| 3674 | | - | 112.15FAMILIES; STANDARDIZED LICENSING VISIT TIMELINE AND |
|---|
| 3675 | | - | 112.16REQUIREMENTS. |
|---|
| 3676 | | - | 112.17 (a) The commissioner of children, youth, and families must, in consultation with |
|---|
| 3677 | | - | 112.18stakeholders, develop and implement a standardized timeline and standards for the conduct |
|---|
| 3678 | | - | 112.19of licensors when conducting inspections of licensed child care centers. The timeline and |
|---|
| 3679 | | - | 112.20standards developed by the commissioner must clearly identify: |
|---|
| 3680 | | - | 112.21 (1) the steps of a licensing visit; |
|---|
| 3681 | | - | 112.22 (2) the expectations for licensors and license holders before, during, and after the licensing |
|---|
| 3682 | | - | 112.23visit; |
|---|
| 3683 | | - | 112.24 (3) the standards of conduct that licensors must follow during a visit; |
|---|
| 3684 | | - | 112.25 (4) the rights of license holders; |
|---|
| 3685 | | - | 112.26 (5) when and how license holders can request technical assistance; and |
|---|
| 3686 | | - | 112.27 (6) a process for license holders to request additional review of an issue related to the |
|---|
| 3687 | | - | 112.28licensing visit from someone other than the assigned licensor. |
|---|
| 3688 | | - | 112.29 (b) The timeline and standards must be implemented by January 1, 2026. |
|---|
| 3689 | | - | 112.30 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 3690 | | - | 112Article 6 Sec. 22. |
|---|
| 3691 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 113.1Sec. 23. DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND |
|---|
| 3692 | | - | 113.2FAMILIES; STANDARDIZED COUNTY-DELEGA TED LICENSING. |
|---|
| 3693 | | - | 113.3 By January 1, 2026, the commissioner of children, youth, and families must: |
|---|
| 3694 | | - | 113.4 (1) establish time frames for county licensors to respond to time-sensitive or urgent |
|---|
| 3695 | | - | 113.5requests and implement a system to track response times to the requests; and |
|---|
| 3696 | | - | 113.6 (2) require county licensors to use the electronic licensing inspection tool during an |
|---|
| 3697 | | - | 113.7inspection of a family child care provider and to complete the inspection report on site with |
|---|
| 3698 | | - | 113.8the license holder, including direct communication related to any correction orders issued. |
|---|
| 3699 | | - | 113.9 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 3700 | | - | 113.10Sec. 24. DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND |
|---|
| 3701 | | - | 113.11FAMILIES; AMENDING CAPACITY LIMITS. |
|---|
| 3702 | | - | 113.12 (a) The commissioner of children, youth, and families must amend Minnesota Rules, |
|---|
| 3703 | | - | 113.13part 9502.0365, subpart 1, item A, to exclude one of the caregiver's own children for the |
|---|
| 3704 | | - | 113.14purposes of the licensed capacity, provided the excluded child is at least eight years old and |
|---|
| 3705 | | - | 113.15the caregiver has never been determined to have maltreated a child or vulnerable adult under |
|---|
| 3706 | | - | 113.16Minnesota Statutes, section 626.557 or chapter 260E. |
|---|
| 3707 | | - | 113.17 (b) For purposes of this section and notwithstanding any other requirements for good |
|---|
| 3708 | | - | 113.18cause exempt rulemaking, the commissioner may use the process under Minnesota Statutes, |
|---|
| 3709 | | - | 113.19section 14.388, subdivision 1, clause (3), and Minnesota Statutes, section 14.386, does not |
|---|
| 3710 | | - | 113.20apply except as provided under Minnesota Statutes, section 14.388. |
|---|
| 3711 | | - | 113.21 ARTICLE 7 |
|---|
| 3712 | | - | 113.22 DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES |
|---|
| 3713 | | - | 113.23 APPROPRIATIONS |
|---|
| 3714 | | - | 113.24Section 1. CHILDREN, YOUTH, AND FAMILIES APPROPRIATIONS. |
|---|
| 3715 | | - | 113.25 The sums shown in the columns marked "Appropriations" are appropriated to the |
|---|
| 3716 | | - | 113.26commissioner of children, youth, and families for the purposes specified in this article. The |
|---|
| 3717 | | - | 113.27appropriations are from the general fund, or another named fund, and are available for the |
|---|
| 3718 | | - | 113.28fiscal years indicated for each purpose. The figures "2026" and "2027" used in this article |
|---|
| 3719 | | - | 113.29mean that the appropriations listed under them are available for the fiscal year ending June |
|---|
| 3720 | | - | 113.3030, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second |
|---|
| 3721 | | - | 113.31year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027. |
|---|
| 3722 | | - | 113Article 7 Section 1. |
|---|
| 3723 | | - | REVISOR DTT H2436-1HF2436 FIRST ENGROSSMENT 114.1 APPROPRIATIONS |
|---|
| 3724 | | - | 114.2 Available for the Year |
|---|
| 3725 | | - | 114.3 Ending June 30 |
|---|
| 3726 | | - | 2027114.4 2026 |
|---|
| 3727 | | - | 1,341,630,000$1,312,562,000$114.5Sec. 2. TOTAL APPROPRIATION |
|---|
| 3728 | | - | 114.6 Appropriations by Fund |
|---|
| 3729 | | - | 2027114.7 2026 |
|---|
| 3730 | | - | 1,093,008,0001,084,402,000114.8General |
|---|
| 541 | + | 17.7100.00% of federal poverty |
|---|
| 542 | + | 17.8guidelines-27.72% 27.99% |
|---|
| 543 | + | 2.61%17.927.73-29.04% |
|---|
| 544 | + | 2.61%17.1029.05-30.36% |
|---|
| 545 | + | 2.61%17.1130.37-31.68% |
|---|
| 546 | + | 2.91%17.1231.69-33.00% |
|---|
| 547 | + | 2.91%17.1333.01-34.32% |
|---|
| 548 | + | 2.91%17.1434.33-35.65% |
|---|
| 549 | + | 2.91%17.1535.66-36.96% |
|---|
| 550 | + | 3.21%17.1636.97-38.29% |
|---|
| 551 | + | 3.21%17.1738.30-39.61% |
|---|
| 552 | + | 3.21%17.1839.62-40.93% |
|---|
| 553 | + | 3.84%17.1940.94-42.25% |
|---|
| 554 | + | 3.84%17.2042.26-43.57% |
|---|
| 555 | + | 4.46%17.2143.58-44.89% |
|---|
| 556 | + | 4.76%17.2244.90-46.21% |
|---|
| 557 | + | 5.05%17.2346.22-47.53% |
|---|
| 558 | + | 5.65%17.2447.54-48.85% |
|---|
| 559 | + | 5.95%17.2548.86-50.17% |
|---|
| 560 | + | 6.24%17.2650.18-51.49% |
|---|
| 561 | + | 6.84%17.2751.50-52.81% |
|---|
| 562 | + | 7.58%17.2852.82-54.13% |
|---|
| 563 | + | 8.33%17.2954.14-55.45% |
|---|
| 564 | + | 9.20%17.3055.46-56.77% |
|---|
| 565 | + | 10.07%17.3156.78-58.09% |
|---|
| 566 | + | 10.94%17.3258.10-59.41% |
|---|
| 567 | + | 11.55%17.3359.42-60.73% |
|---|
| 568 | + | 12.16%17.3460.74-62.06% |
|---|
| 569 | + | 12.77%17.3562.07-63.38% |
|---|
| 570 | + | 13.38%17.3663.39-64.70% |
|---|
| 571 | + | 14.00%17.3764.71-67.00% |
|---|
| 572 | + | 2.6%17.3828.00-30.99% |
|---|
| 573 | + | 2.6%17.3931.00-33.99% |
|---|
| 574 | + | 17Article 3 Sec. 8. |
|---|
| 575 | + | REVISOR DTT/EN 25-0438702/26/25 2.9%18.134.00-36.99% |
|---|
| 576 | + | 3.2%18.237.00-39.99% |
|---|
| 577 | + | 3.8%18.340.00-42.99% |
|---|
| 578 | + | 4.4%18.443.00-45.99% |
|---|
| 579 | + | 5.0%18.546.00-48.99% |
|---|
| 580 | + | 5.6%18.649.00-51.99% |
|---|
| 581 | + | 6.2%18.752.00-54.99% |
|---|
| 582 | + | 6.8%18.855.00-57.99% |
|---|
| 583 | + | 6.9%18.958.00-60.99% |
|---|
| 584 | + | 6.9%18.1061.00-63.99% |
|---|
| 585 | + | 6.9%18.1164.00-67.00% |
|---|
| 586 | + | ineligible18.12Greater than 67.00% |
|---|
| 587 | + | 18.13 A family's biweekly co-payment fee is the fixed percentage established for the income |
|---|
| 588 | + | 18.14range multiplied by the highest lowest possible income within that income range. |
|---|
| 589 | + | 18.15 EFFECTIVE DATE.This section is effective October 13, 2025. |
|---|
| 590 | + | 18.16Sec. 9. Minnesota Statutes 2024, section 142E.16, subdivision 3, is amended to read: |
|---|
| 591 | + | 18.17 Subd. 3.Training required.(a) Prior to initial authorization as required in subdivision |
|---|
| 592 | + | 18.181, a legal nonlicensed family child care provider must complete first aid and CPR training |
|---|
| 593 | + | 18.19and provide the verification of first aid and CPR training to the commissioner. The training |
|---|
| 594 | + | 18.20documentation must have valid effective dates as of the date the registration request is |
|---|
| 595 | + | 18.21submitted to the commissioner. The training must have been provided by an individual |
|---|
| 596 | + | 18.22approved to provide first aid and CPR instruction and have included CPR techniques for |
|---|
| 597 | + | 18.23infants and children. |
|---|
| 598 | + | 18.24 (b) Upon each reauthorization after the authorization period when the initial first aid |
|---|
| 599 | + | 18.25and CPR training requirements are met, a legal nonlicensed family child care provider must |
|---|
| 600 | + | 18.26provide verification of at least eight hours of additional training listed in the Minnesota |
|---|
| 601 | + | 18.27Center for Professional Development Registry. |
|---|
| 602 | + | 18.28 (c) Every 12 months, a legal nonlicensed family child care provider who is unrelated to |
|---|
| 603 | + | 18.29the child they care for must complete two hours of training in caring for children approved |
|---|
| 604 | + | 18.30by the commissioner. |
|---|
| 605 | + | 18.31 (c) (d) This subdivision only applies to legal nonlicensed family child care providers. |
|---|
| 606 | + | 18.32 EFFECTIVE DATE.This section is effective October 1, 2025. |
|---|
| 607 | + | 18Article 3 Sec. 9. |
|---|
| 608 | + | REVISOR DTT/EN 25-0438702/26/25 19.1 Sec. 10. Minnesota Statutes 2024, section 142E.16, subdivision 7, is amended to read: |
|---|
| 609 | + | 19.2 Subd. 7.Record-keeping requirement.(a) As a condition of payment, all providers |
|---|
| 610 | + | 19.3receiving child care assistance payments must: |
|---|
| 611 | + | 19.4 (1) keep accurate and legible daily attendance records at the site where services are |
|---|
| 612 | + | 19.5delivered for children receiving child care assistance; and |
|---|
| 613 | + | 19.6 (2) make those records available immediately to the county or the commissioner upon |
|---|
| 614 | + | 19.7request. Any records not provided to a county or the commissioner at the date and time of |
|---|
| 615 | + | 19.8the request are deemed inadmissible if offered as evidence by the provider in any proceeding |
|---|
| 616 | + | 19.9to contest an overpayment or disqualification of the provider.; and |
|---|
| 617 | + | 19.10 (3) submit data on child enrollment and attendance in the form and manner specified by |
|---|
| 618 | + | 19.11the commissioner. |
|---|
| 619 | + | 19.12 (b) As a condition of payment, attendance records must be completed daily and include |
|---|
| 620 | + | 19.13the date, the first and last name of each child in attendance, and the times when each child |
|---|
| 621 | + | 19.14is dropped off and picked up. To the extent possible, the times that the child was dropped |
|---|
| 622 | + | 19.15off to and picked up from the child care provider must be entered by the person dropping |
|---|
| 623 | + | 19.16off or picking up the child. The daily attendance records must be retained at the site where |
|---|
| 624 | + | 19.17services are delivered for six years after the date of service. |
|---|
| 625 | + | 19.18 (c) When the county or the commissioner knows or has reason to believe that a current |
|---|
| 626 | + | 19.19or former provider has not complied with the record-keeping requirement in this subdivision: |
|---|
| 627 | + | 19.20 (1) the commissioner may: |
|---|
| 628 | + | 19.21 (i) deny or revoke a provider's authorization to receive child care assistance payments |
|---|
| 629 | + | 19.22under section 142E.17, subdivision 9, paragraph (d); |
|---|
| 630 | + | 19.23 (ii) pursue an administrative disqualification under sections 142E.51, subdivision 5, and |
|---|
| 631 | + | 19.24256.98; or |
|---|
| 632 | + | 19.25 (iii) take an action against the provider under sections 142E.50 to 142E.58 section |
|---|
| 633 | + | 19.26142E.51; or |
|---|
| 634 | + | 19.27 (2) a county or the commissioner may establish an attendance record overpayment under |
|---|
| 635 | + | 19.28paragraph (d). |
|---|
| 636 | + | 19.29 (d) To calculate an attendance record overpayment under this subdivision, the |
|---|
| 637 | + | 19.30commissioner or county agency shall subtract the maximum daily rate from the total amount |
|---|
| 638 | + | 19.31paid to a provider for each day that a child's attendance record is missing, unavailable, |
|---|
| 639 | + | 19.32incomplete, inaccurate, or otherwise inadequate. |
|---|
| 640 | + | 19Article 3 Sec. 10. |
|---|
| 641 | + | REVISOR DTT/EN 25-0438702/26/25 20.1 (e) The commissioner shall develop criteria for a county to determine an attendance |
|---|
| 642 | + | 20.2record overpayment under this subdivision. |
|---|
| 643 | + | 20.3 EFFECTIVE DATE.This section is effective June 22, 2026. |
|---|
| 644 | + | 20.4 Sec. 11. ELIMINATING SCHEDULE REPORTER DESIGNATION. |
|---|
| 645 | + | 20.5 Notwithstanding Minnesota Statutes, section 142E.04, subdivisions 6, 7, and 8, the |
|---|
| 646 | + | 20.6commissioner of children, youth, and families must allocate additional basic sliding fee |
|---|
| 647 | + | 20.7child care money for calendar years 2026 and 2027 to counties and Tribes to account for |
|---|
| 648 | + | 20.8eliminating the schedule reporter designation in the child care assistance program. In |
|---|
| 649 | + | 20.9allocating the additional money, the commissioner shall consider: |
|---|
| 650 | + | 20.10 (1) the number of children who are in schedule reporter families; and |
|---|
| 651 | + | 20.11 (2) the average basic sliding fee cost of care in the county or Tribe. |
|---|
| 652 | + | 20.12 ARTICLE 4 |
|---|
| 653 | + | 20.13 APPROPRIATIONS |
|---|
| 654 | + | 20.14Section 1. CHILDREN, YOUTH, AND FAMILIES APPROPRIATIONS. |
|---|
| 655 | + | 20.15 The sums shown in the columns marked "Appropriations" are appropriated to the agencies |
|---|
| 656 | + | 20.16and for the purposes specified in this article. The appropriations are from the general fund, |
|---|
| 657 | + | 20.17or another named fund, and are available for the fiscal years indicated for each purpose. |
|---|
| 658 | + | 20.18The figures "2026" and "2027" used in this article mean that the appropriations listed under |
|---|
| 659 | + | 20.19them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively. |
|---|
| 660 | + | 20.20"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium" |
|---|
| 661 | + | 20.21is fiscal years 2026 and 2027. |
|---|
| 662 | + | 20.22 APPROPRIATIONS |
|---|
| 663 | + | 20.23 Available for the Year |
|---|
| 664 | + | 20.24 Ending June 30 |
|---|
| 665 | + | 202720.25 2026 |
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| 666 | + | 1,508,172,000$1,443,969,000$20.26Sec. 2. TOTAL APPROPRIATION |
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| 667 | + | 20.27 Appropriations by Fund |
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| 668 | + | 202720.28 2026 |
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| 669 | + | 1,188,941,0001,144,668,00020.29General |
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| 670 | + | 20Article 4 Sec. 2. |
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| 671 | + | REVISOR DTT/EN 25-0438702/26/25 732,000732,000 |
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| 672 | + | 21.1State Government |
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| 673 | + | 21.2Special Revenue |
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| 674 | + | 318,499,000298,569,00021.3Federal TANF |
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| 675 | + | 21.4The amounts that may be spent for each |
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| 676 | + | 21.5purpose are specified in the following sections. |
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| 677 | + | 21.6Sec. 3. TANF MAINTENANCE OF EFFORT |
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| 678 | + | 21.7Subdivision 1.Nonfederal Expenditures |
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| 679 | + | 21.8The commissioner shall ensure that sufficient |
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| 680 | + | 21.9qualified nonfederal expenditures are made |
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| 681 | + | 21.10each year to meet the state's maintenance of |
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| 682 | + | 21.11effort requirements of the TANF block grant |
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| 683 | + | 21.12specified under Code of Federal Regulations, |
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| 684 | + | 21.13title 45, section 263.1. In order to meet these |
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| 685 | + | 21.14basic TANF maintenance of effort |
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| 686 | + | 21.15requirements, the commissioner may report |
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| 687 | + | 21.16as TANF maintenance of effort expenditures |
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| 688 | + | 21.17only nonfederal money expended for allowable |
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| 689 | + | 21.18activities listed in the following clauses: |
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| 690 | + | 21.19(1) MFIP cash, diversionary work program, |
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| 691 | + | 21.20and food assistance benefits under Minnesota |
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| 692 | + | 21.21Statutes, chapter 142G; |
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| 693 | + | 21.22(2) the child care assistance programs under |
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| 694 | + | 21.23Minnesota Statutes, sections 142E.04 and |
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| 695 | + | 21.24142E.08, and county child care administrative |
|---|
| 696 | + | 21.25costs under Minnesota Statutes, section |
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| 697 | + | 21.26142E.02, subdivision 9; |
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| 698 | + | 21.27(3) state and county MFIP administrative costs |
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| 699 | + | 21.28under Minnesota Statutes, chapters 142G and |
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| 700 | + | 21.29256K; |
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| 701 | + | 21.30(4) state, county, and Tribal MFIP |
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| 702 | + | 21.31employment services under Minnesota |
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| 703 | + | 21.32Statutes, chapters 142G and 256K; |
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| 704 | + | 21.33(5) expenditures made on behalf of legal |
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| 705 | + | 21.34noncitizen MFIP recipients who qualify for |
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| 706 | + | 21Article 4 Sec. 3. |
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| 707 | + | REVISOR DTT/EN 25-0438702/26/25 22.1the MinnesotaCare program under Minnesota |
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| 708 | + | 22.2Statutes, chapter 256L; |
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| 709 | + | 22.3(6) qualifying working family credit |
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| 710 | + | 22.4expenditures under Minnesota Statutes, section |
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| 711 | + | 22.5290.0671, and child tax credit expenditures |
|---|
| 712 | + | 22.6under Minnesota Statutes, section 290.0661; |
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| 713 | + | 22.7(7) qualifying Minnesota education credit |
|---|
| 714 | + | 22.8expenditures under Minnesota Statutes, section |
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| 715 | + | 22.9290.0674; and |
|---|
| 716 | + | 22.10(8) qualifying Head Start expenditures under |
|---|
| 717 | + | 22.11Minnesota Statutes, section 142D.12. |
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| 718 | + | 22.12Subd. 2.Nonfederal Expenditures; Reporting |
|---|
| 719 | + | 22.13For the activities listed in subdivision 1, |
|---|
| 720 | + | 22.14clauses (2) to (8), the commissioner may |
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| 721 | + | 22.15report only expenditures that are excluded |
|---|
| 722 | + | 22.16from the definition of assistance under Code |
|---|
| 723 | + | 22.17of Federal Regulations, title 45, section |
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| 724 | + | 22.18260.31. |
|---|
| 725 | + | 22.19Subd. 3.Supplemental Expenditures |
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| 726 | + | 22.20For the purposes of subdivision 3, the |
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| 727 | + | 22.21commissioner may supplement the |
|---|
| 728 | + | 22.22maintenance of effort claim with working |
|---|
| 729 | + | 22.23family credit expenditures or other qualified |
|---|
| 730 | + | 22.24expenditures to the extent such expenditures |
|---|
| 731 | + | 22.25are otherwise available after considering the |
|---|
| 732 | + | 22.26expenditures allowed in this section. |
|---|
| 733 | + | 22.27Subd. 4.Reduction of Appropriations; Exception |
|---|
| 734 | + | 22.28The requirement in Minnesota Statutes, section |
|---|
| 735 | + | 22.29142A.06, subdivision 3, that federal grants or |
|---|
| 736 | + | 22.30aids secured or obtained under that subdivision |
|---|
| 737 | + | 22.31be used to reduce any direct appropriations |
|---|
| 738 | + | 22.32provided by law does not apply if the grants |
|---|
| 739 | + | 22.33or aids are federal TANF funds. |
|---|
| 740 | + | 22Article 4 Sec. 3. |
|---|
| 741 | + | REVISOR DTT/EN 25-0438702/26/25 23.1Subd. 5.IT Appropriations Generally |
|---|
| 742 | + | 23.2This appropriation includes funds for |
|---|
| 743 | + | 23.3information technology projects, services, and |
|---|
| 744 | + | 23.4support. Funding for information technology |
|---|
| 745 | + | 23.5project costs must be incorporated into the |
|---|
| 746 | + | 23.6service level agreement and paid to Minnesota |
|---|
| 747 | + | 23.7IT Services by the Department of Children, |
|---|
| 748 | + | 23.8Youth, and Families under the rates and |
|---|
| 749 | + | 23.9mechanism specified in that agreement. |
|---|
| 750 | + | 23.10Subd. 6.Receipts for Systems Project |
|---|
| 751 | + | 23.11Appropriations and federal receipts for |
|---|
| 752 | + | 23.12information technology systems projects for |
|---|
| 753 | + | 23.13MAXIS, PRISM, MMIS, ISDS, METS, and |
|---|
| 754 | + | 23.14SSIS must be deposited in the state systems |
|---|
| 755 | + | 23.15account authorized in Minnesota Statutes, |
|---|
| 756 | + | 23.16section 142A.04. Money appropriated for |
|---|
| 757 | + | 23.17information technology projects approved by |
|---|
| 758 | + | 23.18the commissioner of Minnesota IT Services |
|---|
| 759 | + | 23.19funded by the legislature, and approved by the |
|---|
| 760 | + | 23.20commissioner of management and budget may |
|---|
| 761 | + | 23.21be transferred from one project to another and |
|---|
| 762 | + | 23.22from development to operations as the |
|---|
| 763 | + | 23.23commissioner of children, youth, and families |
|---|
| 764 | + | 23.24considers necessary. Any unexpended balance |
|---|
| 765 | + | 23.25in the appropriation for these projects does not |
|---|
| 766 | + | 23.26cancel and is available for ongoing |
|---|
| 767 | + | 23.27development and operations. |
|---|
| 768 | + | 23.28Subd. 7.Federal SNAP Education and Training |
|---|
| 769 | + | 23.29Grants |
|---|
| 770 | + | 23.30Federal funds available during fiscal years |
|---|
| 771 | + | 23.312026 and 2027 for Supplemental Nutrition |
|---|
| 772 | + | 23.32Assistance Program Education and Training |
|---|
| 773 | + | 23.33and SNAP Quality Control Performance |
|---|
| 774 | + | 23.34Bonus grants are appropriated to the |
|---|
| 775 | + | 23.35commissioner of human services for the |
|---|
| 776 | + | 23Article 4 Sec. 3. |
|---|
| 777 | + | REVISOR DTT/EN 25-0438702/26/25 24.1purposes allowable under the terms of the |
|---|
| 778 | + | 24.2federal award. This subdivision is effective |
|---|
| 779 | + | 24.3the day following final enactment. |
|---|
| 780 | + | 24.4Sec. 4. CENTRAL OFFICE; AGENCY |
|---|
| 781 | + | 24.5SUPPORTS |
|---|
| 782 | + | 101,605,000$113,569,000$24.6Subdivision 1.Total Appropriation |
|---|
| 783 | + | 24.7 Appropriations by Fund |
|---|
| 784 | + | 202724.8 2026 |
|---|
| 785 | + | 100,773,000112,737,00024.9General |
|---|