Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2134 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to mental health; updating mental health terminology; amending Minnesota
3	3	1.3 Statutes 2024, sections 62Q.527, subdivisions 1, 2, 3; 121A.61, subdivision 3;
4	4	1.4 128C.02, subdivision 5; 142G.02, subdivision 56; 142G.27, subdivision 4; 142G.42,
5	5	1.5 subdivision 3; 245.462, subdivision 4; 245.4682, subdivision 3; 245.4835,
6	6	1.6 subdivision 2; 245.4863; 245.487, subdivision 2; 245.4871, subdivisions 3, 4, 6,
7	7	1.7 13, 15, 17, 19, 21, 22, 28, 29, 31, 32, 34; 245.4873, subdivision 2; 245.4874,
8	8	1.8 subdivision 1; 245.4875, subdivision 5; 245.4876, subdivisions 4, 5; 245.4877;
9	9	1.9 245.488, subdivisions 1, 3; 245.4881, subdivisions 1, 4; 245.4882, subdivisions
10	10	1.10 1, 5; 245.4884; 245.4885, subdivision 1; 245.4889, subdivision 1; 245.4907,
11	11	1.11 subdivision 2; 245.491, subdivision 2; 245.492, subdivision 3; 245.697, subdivision
12	12	1.12 2a; 245.814, subdivision 3; 245.826; 245.91, subdivisions 2, 4; 245.92; 245.94,
13	13	1.13 subdivision 1; 245A.03, subdivision 2; 245A.26, subdivisions 1, 2; 245I.05,
14	14	1.14 subdivisions 3, 5; 245I.11, subdivision 5; 246C.12, subdivision 4; 252.27,
15	15	1.15 subdivision 1; 256B.02, subdivision 11; 256B.055, subdivision 12; 256B.0616,
16	16	1.16 subdivision 1; 256B.0757, subdivision 2; 256B.0943, subdivisions 1, 3, 9, 12, 13;
17	17	1.17 256B.0945, subdivision 1; 256B.0946, subdivision 6; 256B.0947, subdivision 3a;
18	18	1.18 256B.69, subdivision 23; 256B.77, subdivision 7a; 260B.157, subdivision 3;
19	19	1.19 260C.007, subdivisions 16, 26d, 27b; 260C.157, subdivision 3; 260C.201,
20	20	1.20 subdivisions 1, 2; 260C.301, subdivision 4; 260D.01; 260D.02, subdivisions 5, 9;
21	21	1.21 260D.03, subdivision 1; 260D.04; 260D.06, subdivision 2; 260D.07; 260E.11,
22	22	1.22 subdivision 3; 295.50, subdivision 9b.
23	23	1.23BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
24	24	1.24 Section 1. Minnesota Statutes 2024, section 62Q.527, subdivision 1, is amended to read:
25	25	1.25 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
26	26	1.26the meanings given them.
27	27	1.27 (b) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15.
28	28	1.28 (c) (b) "Mental illness" has the meaning given in section sections 245.462, subdivision
29	29	1.2920, paragraph (a), and 245.4871, subdivision 15.
30	30	1Section 1.
31	31	25-02045 as introduced02/11/25 REVISOR DTT/LN
32	32	SENATE
33	33	STATE OF MINNESOTA
34	34	S.F. No. 2134NINETY-FOURTH SESSION
35	35	(SENATE AUTHORS: MOHAMED and Marty)
36	36	OFFICIAL STATUSD-PGDATE
37	37	Introduction and first reading03/03/2025
38	38	Referred to Health and Human Services 2.1 (d) (c) "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes
39	39	2.2the coverages described in section 62A.011, subdivision 3, clauses (7) and (10).
40	40	2.3 Sec. 2. Minnesota Statutes 2024, section 62Q.527, subdivision 2, is amended to read:
41	41	2.4 Subd. 2.Required coverage for antipsychotic drugs.(a) A health plan that provides
42	42	2.5prescription drug coverage must provide coverage for an antipsychotic drug prescribed to
43	43	2.6treat emotional disturbance or mental illness regardless of whether the drug is in the health
44	44	2.7plan's drug formulary, if the health care provider prescribing the drug:
45	45	2.8 (1) indicates to the dispensing pharmacist, orally or in writing according to section
46	46	2.9151.21, that the prescription must be dispensed as communicated; and
47	47	2.10 (2) certifies in writing to the health plan company that the health care provider has
48	48	2.11considered all equivalent drugs in the health plan's drug formulary and has determined that
49	49	2.12the drug prescribed will best treat the patient's condition.
50	50	2.13 (b) The health plan is not required to provide coverage for a drug if the drug was removed
51	51	2.14from the health plan's drug formulary for safety reasons.
52	52	2.15 (c) For drugs covered under this section, no health plan company that has received a
53	53	2.16certification from the health care provider as described in paragraph (a) may:
54	54	2.17 (1) impose a special deductible, co-payment, coinsurance, or other special payment
55	55	2.18requirement that the health plan does not apply to drugs that are in the health plan's drug
56	56	2.19formulary; or
57	57	2.20 (2) require written certification from the prescribing provider each time a prescription
58	58	2.21is refilled or renewed that the drug prescribed will best treat the patient's condition.
59	59	2.22 Sec. 3. Minnesota Statutes 2024, section 62Q.527, subdivision 3, is amended to read:
60	60	2.23 Subd. 3.Continuing care.(a) Enrollees receiving a prescribed drug to treat a diagnosed
61	61	2.24mental illness or emotional disturbance may continue to receive the prescribed drug for up
62	62	2.25to one year without the imposition of a special deductible, co-payment, coinsurance, or
63	63	2.26other special payment requirements, when a health plan's drug formulary changes or an
64	64	2.27enrollee changes health plans and the medication has been shown to effectively treat the
65	65	2.28patient's condition. In order to be eligible for this continuing care benefit:
66	66	2.29 (1) the patient must have been treated with the drug for 90 days prior to a change in a
67	67	2.30health plan's drug formulary or a change in the enrollee's health plan;
68	68	2Sec. 3.
69	69	25-02045 as introduced02/11/25 REVISOR DTT/LN 3.1 (2) the health care provider prescribing the drug indicates to the dispensing pharmacist,
70	70	3.2orally or in writing according to section 151.21, that the prescription must be dispensed as
71	71	3.3communicated; and
72	72	3.4 (3) the health care provider prescribing the drug certifies in writing to the health plan
73	73	3.5company that the drug prescribed will best treat the patient's condition.
74	74	3.6 (b) The continuing care benefit shall be extended annually when the health care provider
75	75	3.7prescribing the drug:
76	76	3.8 (1) indicates to the dispensing pharmacist, orally or in writing according to section
77	77	3.9151.21, that the prescription must be dispensed as communicated; and
78	78	3.10 (2) certifies in writing to the health plan company that the drug prescribed will best treat
79	79	3.11the patient's condition.
80	80	3.12 (c) The health plan company is not required to provide coverage for a drug if the drug
81	81	3.13was removed from the health plan's drug formulary for safety reasons.
82	82	3.14 Sec. 4. Minnesota Statutes 2024, section 121A.61, subdivision 3, is amended to read:
83	83	3.15 Subd. 3.Policy components.The policy must include at least the following components:
84	84	3.16 (a) rules governing student conduct and procedures for informing students of the rules;
85	85	3.17 (b) the grounds for removal of a student from a class;
86	86	3.18 (c) the authority of the classroom teacher to remove students from the classroom pursuant
87	87	3.19to procedures and rules established in the district's policy;
88	88	3.20 (d) the procedures for removal of a student from a class by a teacher, school administrator,
89	89	3.21or other school district employee;
90	90	3.22 (e) the period of time for which a student may be removed from a class, which may not
91	91	3.23exceed five class periods for a violation of a rule of conduct;
92	92	3.24 (f) provisions relating to the responsibility for and custody of a student removed from
93	93	3.25a class;
94	94	3.26 (g) the procedures for return of a student to the specified class from which the student
95	95	3.27has been removed;
96	96	3.28 (h) the procedures for notifying a student and the student's parents or guardian of
97	97	3.29violations of the rules of conduct and of resulting disciplinary actions;
98	98	3Sec. 4.
99	99	25-02045 as introduced02/11/25 REVISOR DTT/LN 4.1 (i) any procedures determined appropriate for encouraging early involvement of parents
100	100	4.2or guardians in attempts to improve a student's behavior;
101	101	4.3 (j) any procedures determined appropriate for encouraging early detection of behavioral
102	102	4.4problems;
103	103	4.5 (k) any procedures determined appropriate for referring a student in need of special
104	104	4.6education services to those services;
105	105	4.7 (l) any procedures determined appropriate for ensuring victims of bullying who respond
106	106	4.8with behavior not allowed under the school's behavior policies have access to a remedial
107	107	4.9response, consistent with section 121A.031;
108	108	4.10 (m) the procedures for consideration of whether there is a need for a further assessment
109	109	4.11or of whether there is a need for a review of the adequacy of a current individualized
110	110	4.12education program of a student with a disability who is removed from class;
111	111	4.13 (n) procedures for detecting and addressing chemical abuse problems of a student while
112	112	4.14on the school premises;
113	113	4.15 (o) the minimum consequences for violations of the code of conduct;
114	114	4.16 (p) procedures for immediate and appropriate interventions tied to violations of the code;
115	115	4.17 (q) a provision that states that a teacher, school employee, school bus driver, or other
116	116	4.18agent of a district may use reasonable force in compliance with section 121A.582 and other
117	117	4.19laws;
118	118	4.20 (r) an agreement regarding procedures to coordinate crisis services to the extent funds
119	119	4.21are available with the county board responsible for implementing sections 245.487 to
120	120	4.22245.4889 for students with a serious emotional disturbance mental illness or other students
121	121	4.23who have an individualized education program whose behavior may be addressed by crisis
122	122	4.24intervention;
123	123	4.25 (s) a provision that states a student must be removed from class immediately if the student
124	124	4.26engages in assault or violent behavior. For purposes of this paragraph, "assault" has the
125	125	4.27meaning given it in section 609.02, subdivision 10. The removal shall be for a period of
126	126	4.28time deemed appropriate by the principal, in consultation with the teacher;
127	127	4.29 (t) a prohibition on the use of exclusionary practices for early learners as defined in
128	128	4.30section 121A.425; and
129	129	4.31 (u) a prohibition on the use of exclusionary practices to address attendance and truancy
130	130	4.32issues.
131	131	4Sec. 4.
132	132	25-02045 as introduced02/11/25 REVISOR DTT/LN 5.1 Sec. 5. Minnesota Statutes 2024, section 128C.02, subdivision 5, is amended to read:
133	133	5.2 Subd. 5.Rules for open enrollees.(a) The league shall adopt league rules and regulations
134	134	5.3governing the athletic participation of pupils attending school in a nonresident district under
135	135	5.4section 124D.03.
136	136	5.5 (b) Notwithstanding other law or league rule or regulation to the contrary, when a student
137	137	5.6enrolls in or is readmitted to a recovery-focused high school after successfully completing
138	138	5.7a licensed program for treatment of alcohol or substance abuse, or mental illness, or emotional
139	139	5.8disturbance, the student is immediately eligible to participate on the same basis as other
140	140	5.9district students in the league-sponsored activities of the student's resident school district.
141	141	5.10Nothing in this paragraph prohibits the league or school district from enforcing a league or
142	142	5.11district penalty resulting from the student violating a league or district rule.
143	143	5.12 (c) The league shall adopt league rules making a student with an individualized education
144	144	5.13program who transfers from one public school to another public school as a reasonable
145	145	5.14accommodation to reduce barriers to educational access immediately eligible to participate
146	146	5.15in league-sponsored varsity competition on the same basis as other students in the school
147	147	5.16to which the student transfers. The league also must establish guidelines, consistent with
148	148	5.17this paragraph, for reviewing the 504 plan of a student who transfers between public schools
149	149	5.18to determine whether the student is immediately eligible to participate in league-sponsored
150	150	5.19varsity competition on the same basis as other students in the school to which the student
151	151	5.20transfers.
152	152	5.21 Sec. 6. Minnesota Statutes 2024, section 142G.02, subdivision 56, is amended to read:
153	153	5.22 Subd. 56.Learning disabled."Learning disabled," for purposes of an extension to the
154	154	5.2360-month time limit under section 142G.42, subdivision 4, clause (3), means the person has
155	155	5.24a disorder in one or more of the psychological processes involved in perceiving,
156	156	5.25understanding, or using concepts through verbal language or nonverbal means. Learning
157	157	5.26disabled does not include learning problems that are primarily the result of visual, hearing,
158	158	5.27or motor disabilities; developmental disability; emotional disturbance; or mental illness or
159	159	5.28due to environmental, cultural, or economic disadvantage.
160	160	5.29 Sec. 7. Minnesota Statutes 2024, section 142G.27, subdivision 4, is amended to read:
161	161	5.30 Subd. 4.Good cause exemptions for not attending orientation.(a) The county agency
162	162	5.31shall not impose the sanction under section 142G.70 if it determines that the participant has
163	163	5.32good cause for failing to attend orientation. Good cause exists when:
164	164	5Sec. 7.
165	165	25-02045 as introduced02/11/25 REVISOR DTT/LN 6.1 (1) appropriate child care is not available;
166	166	6.2 (2) the participant is ill or injured;
167	167	6.3 (3) a family member is ill and needs care by the participant that prevents the participant
168	168	6.4from attending orientation. For a caregiver with a child or adult in the household who meets
169	169	6.5the disability or medical criteria for home care services under section 256B.0659, or a home
170	170	6.6and community-based waiver services program under chapter 256B, or meets the criteria
171	171	6.7for severe emotional disturbance serious mental illness under section 245.4871, subdivision
172	172	6.86, or for serious and persistent mental illness under section 245.462, subdivision 20,
173	173	6.9paragraph (c), good cause also exists when an interruption in the provision of those services
174	174	6.10occurs which prevents the participant from attending orientation;
175	175	6.11 (4) the caregiver is unable to secure necessary transportation;
176	176	6.12 (5) the caregiver is in an emergency situation that prevents orientation attendance;
177	177	6.13 (6) the orientation conflicts with the caregiver's work, training, or school schedule; or
178	178	6.14 (7) the caregiver documents other verifiable impediments to orientation attendance
179	179	6.15beyond the caregiver's control.
180	180	6.16 (b) Counties must work with clients to provide child care and transportation necessary
181	181	6.17to ensure a caregiver has every opportunity to attend orientation.
182	182	6.18 Sec. 8. Minnesota Statutes 2024, section 142G.42, subdivision 3, is amended to read:
183	183	6.19 Subd. 3.Ill or incapacitated.(a) An assistance unit subject to the time limit in section
184	184	6.20142G.40, subdivision 1, is eligible to receive months of assistance under a hardship extension
185	185	6.21if the participant who reached the time limit belongs to any of the following groups:
186	186	6.22 (1) participants who are suffering from an illness, injury, or incapacity which has been
187	187	6.23certified by a qualified professional when the illness, injury, or incapacity is expected to
188	188	6.24continue for more than 30 days and severely limits the person's ability to obtain or maintain
189	189	6.25suitable employment. These participants must follow the treatment recommendations of the
190	190	6.26qualified professional certifying the illness, injury, or incapacity;
191	191	6.27 (2) participants whose presence in the home is required as a caregiver because of the
192	192	6.28illness, injury, or incapacity of another member in the assistance unit, a relative in the
193	193	6.29household, or a foster child in the household when the illness or incapacity and the need
194	194	6.30for a person to provide assistance in the home has been certified by a qualified professional
195	195	6.31and is expected to continue for more than 30 days; or
196	196	6Sec. 8.
197	197	25-02045 as introduced02/11/25 REVISOR DTT/LN 7.1 (3) caregivers with a child or an adult in the household who meets the disability or
198	198	7.2medical criteria for home care services under section 256B.0651, subdivision 1, paragraph
199	199	7.3(c), or a home and community-based waiver services program under chapter 256B, or meets
200	200	7.4the criteria for severe emotional disturbance serious mental illness under section 245.4871,
201	201	7.5subdivision 6, or for serious and persistent mental illness under section 245.462, subdivision
202	202	7.620, paragraph (c). Caregivers in this category are presumed to be prevented from obtaining
203	203	7.7or maintaining suitable employment.
204	204	7.8 (b) An assistance unit receiving assistance under a hardship extension under this
205	205	7.9subdivision may continue to receive assistance as long as the participant meets the criteria
206	206	7.10in paragraph (a), clause (1), (2), or (3).
207	207	7.11 Sec. 9. Minnesota Statutes 2024, section 245.462, subdivision 4, is amended to read:
208	208	7.12 Subd. 4.Case management service provider.(a) "Case management service provider"
209	209	7.13means a case manager or case manager associate employed by the county or other entity
210	210	7.14authorized by the county board to provide case management services specified in section
211	211	7.15245.4711.
212	212	7.16 (b) A case manager must:
213	213	7.17 (1) be skilled in the process of identifying and assessing a wide range of client needs;
214	214	7.18 (2) be knowledgeable about local community resources and how to use those resources
215	215	7.19for the benefit of the client;
216	216	7.20 (3) be a mental health practitioner as defined in section 245I.04, subdivision 4, or have
217	217	7.21a bachelor's degree in one of the behavioral sciences or related fields including, but not
218	218	7.22limited to, social work, psychology, or nursing from an accredited college or university. A
219	219	7.23case manager who is not a mental health practitioner and who does not have a bachelor's
220	220	7.24degree in one of the behavioral sciences or related fields must meet the requirements of
221	221	7.25paragraph (c); and
222	222	7.26 (4) meet the supervision and continuing education requirements described in paragraphs
223	223	7.27(d), (e), and (f), as applicable.
224	224	7.28 (c) Case managers without a bachelor's degree must meet one of the requirements in
225	225	7.29clauses (1) to (3):
226	226	7.30 (1) have three or four years of experience as a case manager associate as defined in this
227	227	7.31section;
228	228	7Sec. 9.
229	229	25-02045 as introduced02/11/25 REVISOR DTT/LN 8.1 (2) be a registered nurse without a bachelor's degree and have a combination of
230	230	8.2specialized training in psychiatry and work experience consisting of community interaction
231	231	8.3and involvement or community discharge planning in a mental health setting totaling three
232	232	8.4years; or
233	233	8.5 (3) be a person who qualified as a case manager under the 1998 Department of Human
234	234	8.6Service waiver provision and meet the continuing education and mentoring requirements
235	235	8.7in this section.
236	236	8.8 (d) A case manager with at least 2,000 hours of supervised experience in the delivery
237	237	8.9of services to adults with mental illness must receive regular ongoing supervision and clinical
238	238	8.10supervision totaling 38 hours per year of which at least one hour per month must be clinical
239	239	8.11supervision regarding individual service delivery with a case management supervisor. The
240	240	8.12remaining 26 hours of supervision may be provided by a case manager with two years of
241	241	8.13experience. Group supervision may not constitute more than one-half of the required
242	242	8.14supervision hours. Clinical supervision must be documented in the client record.
243	243	8.15 (e) A case manager without 2,000 hours of supervised experience in the delivery of
244	244	8.16services to adults with mental illness must:
245	245	8.17 (1) receive clinical supervision regarding individual service delivery from a mental
246	246	8.18health professional at least one hour per week until the requirement of 2,000 hours of
247	247	8.19experience is met; and
248	248	8.20 (2) complete 40 hours of training approved by the commissioner in case management
249	249	8.21skills and the characteristics and needs of adults with serious and persistent mental illness.
250	250	8.22 (f) A case manager who is not licensed, registered, or certified by a health-related
251	251	8.23licensing board must receive 30 hours of continuing education and training in mental illness
252	252	8.24and mental health services every two years.
253	253	8.25 (g) A case manager associate (CMA) must:
254	254	8.26 (1) work under the direction of a case manager or case management supervisor;
255	255	8.27 (2) be at least 21 years of age;
256	256	8.28 (3) have at least a high school diploma or its equivalent; and
257	257	8.29 (4) meet one of the following criteria:
258	258	8.30 (i) have an associate of arts degree in one of the behavioral sciences or human services;
259	259	8.31 (ii) be a certified peer specialist under section 256B.0615;
260	260	8Sec. 9.
261	261	25-02045 as introduced02/11/25 REVISOR DTT/LN 9.1 (iii) be a registered nurse without a bachelor's degree;
262	262	9.2 (iv) within the previous ten years, have three years of life experience with serious and
263	263	9.3persistent mental illness as defined in subdivision 20; or as a child had severe emotional
264	264	9.4disturbance a serious mental illness as defined in section 245.4871, subdivision 6; or have
265	265	9.5three years life experience as a primary caregiver to an adult with serious and persistent
266	266	9.6mental illness within the previous ten years;
267	267	9.7 (v) have 6,000 hours work experience as a nondegreed state hospital technician; or
268	268	9.8 (vi) have at least 6,000 hours of supervised experience in the delivery of services to
269	269	9.9persons with mental illness.
270	270	9.10 Individuals meeting one of the criteria in items (i) to (v) may qualify as a case manager
271	271	9.11after four years of supervised work experience as a case manager associate. Individuals
272	272	9.12meeting the criteria in item (vi) may qualify as a case manager after three years of supervised
273	273	9.13experience as a case manager associate.
274	274	9.14 (h) A case management associate must meet the following supervision, mentoring, and
275	275	9.15continuing education requirements:
276	276	9.16 (1) have 40 hours of preservice training described under paragraph (e), clause (2);
277	277	9.17 (2) receive at least 40 hours of continuing education in mental illness and mental health
278	278	9.18services annually; and
279	279	9.19 (3) receive at least five hours of mentoring per week from a case management mentor.
280	280	9.20A "case management mentor" means a qualified, practicing case manager or case management
281	281	9.21supervisor who teaches or advises and provides intensive training and clinical supervision
282	282	9.22to one or more case manager associates. Mentoring may occur while providing direct services
283	283	9.23to consumers in the office or in the field and may be provided to individuals or groups of
284	284	9.24case manager associates. At least two mentoring hours per week must be individual and
285	285	9.25face-to-face.
286	286	9.26 (i) A case management supervisor must meet the criteria for mental health professionals,
287	287	9.27as specified in subdivision 18.
288	288	9.28 (j) An immigrant who does not have the qualifications specified in this subdivision may
289	289	9.29provide case management services to adult immigrants with serious and persistent mental
290	290	9.30illness who are members of the same ethnic group as the case manager if the person:
291	291	9Sec. 9.
292	292	25-02045 as introduced02/11/25 REVISOR DTT/LN 10.1 (1) is currently enrolled in and is actively pursuing credits toward the completion of a
293	293	10.2bachelor's degree in one of the behavioral sciences or a related field including, but not
294	294	10.3limited to, social work, psychology, or nursing from an accredited college or university;
295	295	10.4 (2) completes 40 hours of training as specified in this subdivision; and
296	296	10.5 (3) receives clinical supervision at least once a week until the requirements of this
297	297	10.6subdivision are met.
298	298	10.7 Sec. 10. Minnesota Statutes 2024, section 245.4682, subdivision 3, is amended to read:
299	299	10.8 Subd. 3.Projects for coordination of care.(a) Consistent with section 256B.69 and
300	300	10.9chapter 256L, the commissioner is authorized to solicit, approve, and implement up to three
301	301	10.10projects to demonstrate the integration of physical and mental health services within prepaid
302	302	10.11health plans and their coordination with social services. The commissioner shall require
303	303	10.12that each project be based on locally defined partnerships that include at least one health
304	304	10.13maintenance organization, community integrated service network, or accountable provider
305	305	10.14network authorized and operating under chapter 62D, 62N, or 62T, or county-based
306	306	10.15purchasing entity under section 256B.692 that is eligible to contract with the commissioner
307	307	10.16as a prepaid health plan, and the county or counties within the service area. Counties shall
308	308	10.17retain responsibility and authority for social services in these locally defined partnerships.
309	309	10.18 (b) The commissioner, in consultation with consumers, families, and their representatives,
310	310	10.19shall:
311	311	10.20 (1) determine criteria for approving the projects and use those criteria to solicit proposals
312	312	10.21for preferred integrated networks. The commissioner must develop criteria to evaluate the
313	313	10.22partnership proposed by the county and prepaid health plan to coordinate access and delivery
314	314	10.23of services. The proposal must at a minimum address how the partnership will coordinate
315	315	10.24the provision of:
316	316	10.25 (i) client outreach and identification of health and social service needs paired with
317	317	10.26expedited access to appropriate resources;
318	318	10.27 (ii) activities to maintain continuity of health care coverage;
319	319	10.28 (iii) children's residential mental health treatment and treatment foster care;
320	320	10.29 (iv) court-ordered assessments and treatments;
321	321	10.30 (v) prepetition screening and commitments under chapter 253B;
322	322	10.31 (vi) assessment and treatment of children identified through mental health screening of
323	323	10.32child welfare and juvenile corrections cases;
324	324	10Sec. 10.
325	325	25-02045 as introduced02/11/25 REVISOR DTT/LN 11.1 (vii) home and community-based waiver services;
326	326	11.2 (viii) assistance with finding and maintaining employment;
327	327	11.3 (ix) housing; and
328	328	11.4 (x) transportation;
329	329	11.5 (2) determine specifications for contracts with prepaid health plans to improve the plan's
330	330	11.6ability to serve persons with mental health conditions, including specifications addressing:
331	331	11.7 (i) early identification and intervention of physical and behavioral health problems;
332	332	11.8 (ii) communication between the enrollee and the health plan;
333	333	11.9 (iii) facilitation of enrollment for persons who are also eligible for a Medicare special
334	334	11.10needs plan offered by the health plan;
335	335	11.11 (iv) risk screening procedures;
336	336	11.12 (v) health care coordination;
337	337	11.13 (vi) member services and access to applicable protections and appeal processes;
338	338	11.14 (vii) specialty provider networks;
339	339	11.15 (viii) transportation services;
340	340	11.16 (ix) treatment planning; and
341	341	11.17 (x) administrative simplification for providers;
342	342	11.18 (3) begin implementation of the projects no earlier than January 1, 2009, with not more
343	343	11.19than 40 percent of the statewide population included during calendar year 2009 and additional
344	344	11.20counties included in subsequent years;
345	345	11.21 (4) waive any administrative rule not consistent with the implementation of the projects;
346	346	11.22 (5) allow potential bidders at least 90 days to respond to the request for proposals; and
347	347	11.23 (6) conduct an independent evaluation to determine if mental health outcomes have
348	348	11.24improved in that county or counties according to measurable standards designed in
349	349	11.25consultation with the advisory body established under this subdivision and reviewed by the
350	350	11.26State Advisory Council on Mental Health.
351	351	11.27 (c) Notwithstanding any statute or administrative rule to the contrary, the commissioner
352	352	11.28may enroll all persons eligible for medical assistance with serious mental illness or emotional
353	353	11.29disturbance in the prepaid plan of their choice within the project service area unless:
354	354	11Sec. 10.
355	355	25-02045 as introduced02/11/25 REVISOR DTT/LN 12.1 (1) the individual is eligible for home and community-based services for persons with
356	356	12.2developmental disabilities and related conditions under section 256B.092; or
357	357	12.3 (2) the individual has a basis for exclusion from the prepaid plan under section 256B.69,
358	358	12.4subdivision 4, other than disability, or mental illness, or emotional disturbance.
359	359	12.5 (d) The commissioner shall involve organizations representing persons with mental
360	360	12.6illness and their families in the development and distribution of information used to educate
361	361	12.7potential enrollees regarding their options for health care and mental health service delivery
362	362	12.8under this subdivision.
363	363	12.9 (e) If the person described in paragraph (c) does not elect to remain in fee-for-service
364	364	12.10medical assistance, or declines to choose a plan, the commissioner may preferentially assign
365	365	12.11that person to the prepaid plan participating in the preferred integrated network. The
366	366	12.12commissioner shall implement the enrollment changes within a project's service area on the
367	367	12.13timeline specified in that project's approved application.
368	368	12.14 (f) A person enrolled in a prepaid health plan under paragraphs (c) and (d) may disenroll
369	369	12.15from the plan at any time.
370	370	12.16 (g) The commissioner, in consultation with consumers, families, and their representatives,
371	371	12.17shall evaluate the projects begun in 2009, and shall refine the design of the service integration
372	372	12.18projects before expanding the projects. The commissioner shall report to the chairs of the
373	373	12.19legislative committees with jurisdiction over mental health services by March 1, 2008, on
374	374	12.20plans for evaluation of preferred integrated networks established under this subdivision.
375	375	12.21 (h) The commissioner shall apply for any federal waivers necessary to implement these
376	376	12.22changes.
377	377	12.23 (i) Payment for Medicaid service providers under this subdivision for the months of
378	378	12.24May and June will be made no earlier than July 1 of the same calendar year.
379	379	12.25Sec. 11. Minnesota Statutes 2024, section 245.4835, subdivision 2, is amended to read:
380	380	12.26 Subd. 2.Failure to maintain expenditures.(a) If a county does not comply with
381	381	12.27subdivision 1, the commissioner shall require the county to develop a corrective action plan
382	382	12.28according to a format and timeline established by the commissioner. If the commissioner
383	383	12.29determines that a county has not developed an acceptable corrective action plan within the
384	384	12.30required timeline, or that the county is not in compliance with an approved corrective action
385	385	12.31plan, the protections provided to that county under section 245.485 do not apply.
386	386	12Sec. 11.
387	387	25-02045 as introduced02/11/25 REVISOR DTT/LN 13.1 (b) The commissioner shall consider the following factors to determine whether to
388	388	13.2approve a county's corrective action plan:
389	389	13.3 (1) the degree to which a county is maximizing revenues for mental health services from
390	390	13.4noncounty sources;
391	391	13.5 (2) the degree to which a county is expanding use of alternative services that meet mental
392	392	13.6health needs, but do not count as mental health services within existing reporting systems.
393	393	13.7If approved by the commissioner, the alternative services must be included in the county's
394	394	13.8base as well as subsequent years. The commissioner's approval for alternative services must
395	395	13.9be based on the following criteria:
396	396	13.10 (i) the service must be provided to children with emotional disturbance or adults with
397	397	13.11mental illness;
398	398	13.12 (ii) the services must be based on an individual treatment plan or individual community
399	399	13.13support plan as defined in the Comprehensive Mental Health Act; and
400	400	13.14 (iii) the services must be supervised by a mental health professional and provided by
401	401	13.15staff who meet the staff qualifications defined in sections 256B.0943, subdivision 7, and
402	402	13.16256B.0623, subdivision 5.
403	403	13.17 (c) Additional county expenditures to make up for the prior year's underspending may
404	404	13.18be spread out over a two-year period.
405	405	13.19Sec. 12. Minnesota Statutes 2024, section 245.4863, is amended to read:
406	406	13.20 245.4863 INTEGRATED CO-OCCURRING DISORDER TREATMENT.
407	407	13.21 (a) The commissioner shall require individuals who perform substance use disorder
408	408	13.22assessments to screen clients for co-occurring mental health disorders, and staff who perform
409	409	13.23mental health diagnostic assessments to screen for co-occurring substance use disorders.
410	410	13.24Screening tools must be approved by the commissioner. If a client screens positive for a
411	411	13.25co-occurring mental health or substance use disorder, the individual performing the screening
412	412	13.26must document what actions will be taken in response to the results and whether further
413	413	13.27assessments must be performed.
414	414	13.28 (b) Notwithstanding paragraph (a), screening is not required when:
415	415	13.29 (1) the presence of co-occurring disorders was documented for the client in the past 12
416	416	13.30months;
417	417	13.31 (2) the client is currently receiving co-occurring disorders treatment;
418	418	13Sec. 12.
419	419	25-02045 as introduced02/11/25 REVISOR DTT/LN 14.1 (3) the client is being referred for co-occurring disorders treatment; or
420	420	14.2 (4) a mental health professional who is competent to perform diagnostic assessments of
421	421	14.3co-occurring disorders is performing a diagnostic assessment to identify whether the client
422	422	14.4may have co-occurring mental health and substance use disorders. If an individual is
423	423	14.5identified to have co-occurring mental health and substance use disorders, the assessing
424	424	14.6mental health professional must document what actions will be taken to address the client's
425	425	14.7co-occurring disorders.
426	426	14.8 (c) The commissioner shall adopt rules as necessary to implement this section. The
427	427	14.9commissioner shall ensure that the rules are effective on July 1, 2013, thereby establishing
428	428	14.10a certification process for integrated dual disorder treatment providers and a system through
429	429	14.11which individuals receive integrated dual diagnosis treatment if assessed as having both a
430	430	14.12substance use disorder and either a serious mental illness or emotional disturbance.
431	431	14.13 (d) The commissioner shall apply for any federal waivers necessary to secure, to the
432	432	14.14extent allowed by law, federal financial participation for the provision of integrated dual
433	433	14.15diagnosis treatment to persons with co-occurring disorders.
434	434	14.16Sec. 13. Minnesota Statutes 2024, section 245.487, subdivision 2, is amended to read:
435	435	14.17 Subd. 2.Findings.The legislature finds there is a need for further development of
436	436	14.18existing clinical services for emotionally disturbed children with mental illness and their
437	437	14.19families and the creation of new services for this population. Although the services specified
438	438	14.20in sections 245.487 to 245.4889 are mental health services, sections 245.487 to 245.4889
439	439	14.21emphasize the need for a child-oriented and family-oriented approach of therapeutic
440	440	14.22programming and the need for continuity of care with other community agencies. At the
441	441	14.23same time, sections 245.487 to 245.4889 emphasize the importance of developing special
442	442	14.24mental health expertise in children's mental health services because of the unique needs of
443	443	14.25this population.
444	444	14.26 Nothing in sections 245.487 to 245.4889 shall be construed to abridge the authority of
445	445	14.27the court to make dispositions under chapter 260, but the mental health services due any
446	446	14.28child with serious and persistent mental illness, as defined in section 245.462, subdivision
447	447	14.2920, or with severe emotional disturbance a serious mental illness, as defined in section
448	448	14.30245.4871, subdivision 6, shall be made a part of any disposition affecting that child.
449	449	14Sec. 13.
450	450	25-02045 as introduced02/11/25 REVISOR DTT/LN 15.1 Sec. 14. Minnesota Statutes 2024, section 245.4871, subdivision 3, is amended to read:
451	451	15.2 Subd. 3.Case management services."Case management services" means activities
452	452	15.3that are coordinated with the family community support services and are designed to help
453	453	15.4the child with severe emotional disturbance serious mental illness and the child's family
454	454	15.5obtain needed mental health services, social services, educational services, health services,
455	455	15.6vocational services, recreational services, and related services in the areas of volunteer
456	456	15.7services, advocacy, transportation, and legal services. Case management services include
457	457	15.8assisting in obtaining a comprehensive diagnostic assessment, developing an individual
458	458	15.9family community support plan, and assisting the child and the child's family in obtaining
459	459	15.10needed services by coordination with other agencies and assuring continuity of care. Case
460	460	15.11managers must assess and reassess the delivery, appropriateness, and effectiveness of services
461	461	15.12over time.
462	462	15.13Sec. 15. Minnesota Statutes 2024, section 245.4871, subdivision 4, is amended to read:
463	463	15.14 Subd. 4.Case management service provider.(a) "Case management service provider"
464	464	15.15means a case manager or case manager associate employed by the county or other entity
465	465	15.16authorized by the county board to provide case management services specified in subdivision
466	466	15.173 for the child with severe emotional disturbance serious mental illness and the child's
467	467	15.18family.
468	468	15.19 (b) A case manager must:
469	469	15.20 (1) have experience and training in working with children;
470	470	15.21 (2) have at least a bachelor's degree in one of the behavioral sciences or a related field
471	471	15.22including, but not limited to, social work, psychology, or nursing from an accredited college
472	472	15.23or university or meet the requirements of paragraph (d);
473	473	15.24 (3) have experience and training in identifying and assessing a wide range of children's
474	474	15.25needs;
475	475	15.26 (4) be knowledgeable about local community resources and how to use those resources
476	476	15.27for the benefit of children and their families; and
477	477	15.28 (5) meet the supervision and continuing education requirements of paragraphs (e), (f),
478	478	15.29and (g), as applicable.
479	479	15.30 (c) A case manager may be a member of any professional discipline that is part of the
480	480	15.31local system of care for children established by the county board.
481	481	15Sec. 15.
482	482	25-02045 as introduced02/11/25 REVISOR DTT/LN 16.1 (d) A case manager without a bachelor's degree must meet one of the requirements in
483	483	16.2clauses (1) to (3):
484	484	16.3 (1) have three or four years of experience as a case manager associate;
485	485	16.4 (2) be a registered nurse without a bachelor's degree who has a combination of specialized
486	486	16.5training in psychiatry and work experience consisting of community interaction and
487	487	16.6involvement or community discharge planning in a mental health setting totaling three years;
488	488	16.7or
489	489	16.8 (3) be a person who qualified as a case manager under the 1998 Department of Human
490	490	16.9Services waiver provision and meets the continuing education, supervision, and mentoring
491	491	16.10requirements in this section.
492	492	16.11 (e) A case manager with at least 2,000 hours of supervised experience in the delivery
493	493	16.12of mental health services to children must receive regular ongoing supervision and clinical
494	494	16.13supervision totaling 38 hours per year, of which at least one hour per month must be clinical
495	495	16.14supervision regarding individual service delivery with a case management supervisor. The
496	496	16.15other 26 hours of supervision may be provided by a case manager with two years of
497	497	16.16experience. Group supervision may not constitute more than one-half of the required
498	498	16.17supervision hours.
499	499	16.18 (f) A case manager without 2,000 hours of supervised experience in the delivery of
500	500	16.19mental health services to children with emotional disturbance mental illness must:
501	501	16.20 (1) begin 40 hours of training approved by the commissioner of human services in case
502	502	16.21management skills and in the characteristics and needs of children with severe emotional
503	503	16.22disturbance serious mental illness before beginning to provide case management services;
504	504	16.23and
505	505	16.24 (2) receive clinical supervision regarding individual service delivery from a mental
506	506	16.25health professional at least one hour each week until the requirement of 2,000 hours of
507	507	16.26experience is met.
508	508	16.27 (g) A case manager who is not licensed, registered, or certified by a health-related
509	509	16.28licensing board must receive 30 hours of continuing education and training in severe
510	510	16.29emotional disturbance serious mental illness and mental health services every two years.
511	511	16.30 (h) Clinical supervision must be documented in the child's record. When the case manager
512	512	16.31is not a mental health professional, the county board must provide or contract for needed
513	513	16.32clinical supervision.
514	514	16Sec. 15.
515	515	25-02045 as introduced02/11/25 REVISOR DTT/LN 17.1 (i) The county board must ensure that the case manager has the freedom to access and
516	516	17.2coordinate the services within the local system of care that are needed by the child.
517	517	17.3 (j) A case manager associate (CMA) must:
518	518	17.4 (1) work under the direction of a case manager or case management supervisor;
519	519	17.5 (2) be at least 21 years of age;
520	520	17.6 (3) have at least a high school diploma or its equivalent; and
521	521	17.7 (4) meet one of the following criteria:
522	522	17.8 (i) have an associate of arts degree in one of the behavioral sciences or human services;
523	523	17.9 (ii) be a registered nurse without a bachelor's degree;
524	524	17.10 (iii) have three years of life experience as a primary caregiver to a child with serious
525	525	17.11emotional disturbance mental illness as defined in subdivision 6 within the previous ten
526	526	17.12years;
527	527	17.13 (iv) have 6,000 hours work experience as a nondegreed state hospital technician; or
528	528	17.14 (v) have 6,000 hours of supervised work experience in the delivery of mental health
529	529	17.15services to children with emotional disturbances mental illness; hours worked as a mental
530	530	17.16health behavioral aide I or II under section 256B.0943, subdivision 7, may count toward
531	531	17.17the 6,000 hours of supervised work experience.
532	532	17.18 Individuals meeting one of the criteria in items (i) to (iv) may qualify as a case manager
533	533	17.19after four years of supervised work experience as a case manager associate. Individuals
534	534	17.20meeting the criteria in item (v) may qualify as a case manager after three years of supervised
535	535	17.21experience as a case manager associate.
536	536	17.22 (k) Case manager associates must meet the following supervision, mentoring, and
537	537	17.23continuing education requirements;
538	538	17.24 (1) have 40 hours of preservice training described under paragraph (f), clause (1);
539	539	17.25 (2) receive at least 40 hours of continuing education in severe emotional disturbance
540	540	17.26serious mental illness and mental health service annually; and
541	541	17.27 (3) receive at least five hours of mentoring per week from a case management mentor.
542	542	17.28A "case management mentor" means a qualified, practicing case manager or case management
543	543	17.29supervisor who teaches or advises and provides intensive training and clinical supervision
544	544	17.30to one or more case manager associates. Mentoring may occur while providing direct services
545	545	17.31to consumers in the office or in the field and may be provided to individuals or groups of
546	546	17Sec. 15.
547	547	25-02045 as introduced02/11/25 REVISOR DTT/LN 18.1case manager associates. At least two mentoring hours per week must be individual and
548	548	18.2face-to-face.
549	549	18.3 (l) A case management supervisor must meet the criteria for a mental health professional
550	550	18.4as specified in subdivision 27.
551	551	18.5 (m) An immigrant who does not have the qualifications specified in this subdivision
552	552	18.6may provide case management services to child immigrants with severe emotional
553	553	18.7disturbance serious mental illness of the same ethnic group as the immigrant if the person:
554	554	18.8 (1) is currently enrolled in and is actively pursuing credits toward the completion of a
555	555	18.9bachelor's degree in one of the behavioral sciences or related fields at an accredited college
556	556	18.10or university;
557	557	18.11 (2) completes 40 hours of training as specified in this subdivision; and
558	558	18.12 (3) receives clinical supervision at least once a week until the requirements of obtaining
559	559	18.13a bachelor's degree and 2,000 hours of supervised experience are met.
560	560	18.14Sec. 16. Minnesota Statutes 2024, section 245.4871, subdivision 6, is amended to read:
561	561	18.15 Subd. 6.Child with severe emotional disturbance serious mental illness.For purposes
562	562	18.16of eligibility for case management and family community support services, "child with
563	563	18.17severe emotional disturbance serious mental illness" means a child who has an emotional
564	564	18.18disturbance a mental illness and who meets one of the following criteria:
565	565	18.19 (1) the child has been admitted within the last three years or is at risk of being admitted
566	566	18.20to inpatient treatment or residential treatment for an emotional disturbance a mental illness;
567	567	18.21or
568	568	18.22 (2) the child is a Minnesota resident and is receiving inpatient treatment or residential
569	569	18.23treatment for an emotional disturbance a mental illness through the interstate compact; or
570	570	18.24 (3) the child has one of the following as determined by a mental health professional:
571	571	18.25 (i) psychosis or a clinical depression; or
572	572	18.26 (ii) risk of harming self or others as a result of an emotional disturbance a mental illness;
573	573	18.27or
574	574	18.28 (iii) psychopathological symptoms as a result of being a victim of physical or sexual
575	575	18.29abuse or of psychic trauma within the past year; or
576	576	18.30 (4) the child, as a result of an emotional disturbance a mental illness, has significantly
577	577	18.31impaired home, school, or community functioning that has lasted at least one year or that,
578	578	18Sec. 16.
579	579	25-02045 as introduced02/11/25 REVISOR DTT/LN 19.1in the written opinion of a mental health professional, presents substantial risk of lasting at
580	580	19.2least one year.
581	581	19.3 Sec. 17. Minnesota Statutes 2024, section 245.4871, subdivision 13, is amended to read:
582	582	19.4 Subd. 13.Education and prevention services.(a) "Education and prevention services"
583	583	19.5means services designed to:
584	584	19.6 (1) educate the general public;
585	585	19.7 (2) increase the understanding and acceptance of problems associated with emotional
586	586	19.8disturbances children's mental illnesses;
587	587	19.9 (3) improve people's skills in dealing with high-risk situations known to affect children's
588	588	19.10mental health and functioning; and
589	589	19.11 (4) refer specific children or their families with mental health needs to mental health
590	590	19.12services.
591	591	19.13 (b) The services include distribution to individuals and agencies identified by the county
592	592	19.14board and the local children's mental health advisory council of information on predictors
593	593	19.15and symptoms of emotional disturbances mental illnesses, where mental health services are
594	594	19.16available in the county, and how to access the services.
595	595	19.17Sec. 18. Minnesota Statutes 2024, section 245.4871, subdivision 15, is amended to read:
596	596	19.18 Subd. 15.Emotional disturbance Mental illness."Emotional disturbance" "Mental
597	597	19.19illness" means an organic disorder of the brain or a clinically significant disorder of thought,
598	598	19.20mood, perception, orientation, memory, or behavior that:
599	599	19.21 (1) is detailed in a diagnostic codes list published by the commissioner; and
600	600	19.22 (2) seriously limits a child's capacity to function in primary aspects of daily living such
601	601	19.23as personal relations, living arrangements, work, school, and recreation.
602	602	19.24 "Emotional disturbance" Mental illness is a generic term and is intended to reflect all
603	603	19.25categories of disorder described in the clinical code list published by the commissioner as
604	604	19.26"usually first evident in childhood or adolescence."
605	605	19.27Sec. 19. Minnesota Statutes 2024, section 245.4871, subdivision 17, is amended to read:
606	606	19.28 Subd. 17.Family community support services."Family community support services"
607	607	19.29means services provided under the treatment supervision of a mental health professional
608	608	19.30and designed to help each child with severe emotional disturbance serious mental illness to
609	609	19Sec. 19.
610	610	25-02045 as introduced02/11/25 REVISOR DTT/LN 20.1function and remain with the child's family in the community. Family community support
611	611	20.2services do not include acute care hospital inpatient treatment, residential treatment services,
612	612	20.3or regional treatment center services. Family community support services include:
613	613	20.4 (1) client outreach to each child with severe emotional disturbance serious mental illness
614	614	20.5and the child's family;
615	615	20.6 (2) medication monitoring where necessary;
616	616	20.7 (3) assistance in developing independent living skills;
617	617	20.8 (4) assistance in developing parenting skills necessary to address the needs of the child
618	618	20.9with severe emotional disturbance serious mental illness;
619	619	20.10 (5) assistance with leisure and recreational activities;
620	620	20.11 (6) crisis planning, including crisis placement and respite care;
621	621	20.12 (7) professional home-based family treatment;
622	622	20.13 (8) foster care with therapeutic supports;
623	623	20.14 (9) day treatment;
624	624	20.15 (10) assistance in locating respite care and special needs day care; and
625	625	20.16 (11) assistance in obtaining potential financial resources, including those benefits listed
626	626	20.17in section 245.4884, subdivision 5.
627	627	20.18Sec. 20. Minnesota Statutes 2024, section 245.4871, subdivision 19, is amended to read:
628	628	20.19 Subd. 19.Individual family community support plan."Individual family community
629	629	20.20support plan" means a written plan developed by a case manager in conjunction with the
630	630	20.21family and the child with severe emotional disturbance serious mental illness on the basis
631	631	20.22of a diagnostic assessment and a functional assessment. The plan identifies specific services
632	632	20.23needed by a child and the child's family to:
633	633	20.24 (1) treat the symptoms and dysfunctions determined in the diagnostic assessment;
634	634	20.25 (2) relieve conditions leading to emotional disturbance mental illness and improve the
635	635	20.26personal well-being of the child;
636	636	20.27 (3) improve family functioning;
637	637	20.28 (4) enhance daily living skills;
638	638	20.29 (5) improve functioning in education and recreation settings;
639	639	20Sec. 20.
640	640	25-02045 as introduced02/11/25 REVISOR DTT/LN 21.1 (6) improve interpersonal and family relationships;
641	641	21.2 (7) enhance vocational development; and
642	642	21.3 (8) assist in obtaining transportation, housing, health services, and employment.
643	643	21.4 Sec. 21. Minnesota Statutes 2024, section 245.4871, subdivision 21, is amended to read:
644	644	21.5 Subd. 21.Individual treatment plan.(a) "Individual treatment plan" means the
645	645	21.6formulation of planned services that are responsive to the needs and goals of a client. An
646	646	21.7individual treatment plan must be completed according to section 245I.10, subdivisions 7
647	647	21.8and 8.
648	648	21.9 (b) A children's residential facility licensed under Minnesota Rules, chapter 2960, is
649	649	21.10exempt from the requirements of section 245I.10, subdivisions 7 and 8. Instead, the individual
650	650	21.11treatment plan must:
651	651	21.12 (1) include a written plan of intervention, treatment, and services for a child with an
652	652	21.13emotional disturbance a mental illness that the service provider develops under the clinical
653	653	21.14supervision of a mental health professional on the basis of a diagnostic assessment;
654	654	21.15 (2) be developed in conjunction with the family unless clinically inappropriate; and
655	655	21.16 (3) identify goals and objectives of treatment, treatment strategy, a schedule for
656	656	21.17accomplishing treatment goals and objectives, and the individuals responsible for providing
657	657	21.18treatment to the child with an emotional disturbance a mental illness.
658	658	21.19Sec. 22. Minnesota Statutes 2024, section 245.4871, subdivision 22, is amended to read:
659	659	21.20 Subd. 22.Legal representative."Legal representative" means a guardian, conservator,
660	660	21.21or guardian ad litem of a child with an emotional disturbance a mental illness authorized
661	661	21.22by the court to make decisions about mental health services for the child.
662	662	21.23Sec. 23. Minnesota Statutes 2024, section 245.4871, subdivision 28, is amended to read:
663	663	21.24 Subd. 28.Mental health services."Mental health services" means at least all of the
664	664	21.25treatment services and case management activities that are provided to children with
665	665	21.26emotional disturbances mental illnesses and are described in sections 245.487 to 245.4889.
666	666	21.27Sec. 24. Minnesota Statutes 2024, section 245.4871, subdivision 29, is amended to read:
667	667	21.28 Subd. 29.Outpatient services."Outpatient services" means mental health services,
668	668	21.29excluding day treatment and community support services programs, provided by or under
669	669	21Sec. 24.
670	670	25-02045 as introduced02/11/25 REVISOR DTT/LN 22.1the treatment supervision of a mental health professional to children with emotional
671	671	22.2disturbances mental illnesses who live outside a hospital. Outpatient services include clinical
672	672	22.3activities such as individual, group, and family therapy; individual treatment planning;
673	673	22.4diagnostic assessments; medication management; and psychological testing.
674	674	22.5 Sec. 25. Minnesota Statutes 2024, section 245.4871, subdivision 31, is amended to read:
675	675	22.6 Subd. 31.Professional home-based family treatment.(a) "Professional home-based
676	676	22.7family treatment" means intensive mental health services provided to children because of
677	677	22.8an emotional disturbance a mental illness: (1) who are at risk of out-of-home placement
678	678	22.9residential treatment or therapeutic foster care; (2) who are in out-of-home placement
679	679	22.10residential treatment or therapeutic foster care; or (3) who are returning from out-of-home
680	680	22.11placement residential treatment or therapeutic foster care.
681	681	22.12 (b) Services are provided to the child and the child's family primarily in the child's home
682	682	22.13environment. Services may also be provided in the child's school, child care setting, or other
683	683	22.14community setting appropriate to the child. Services must be provided on an individual
684	684	22.15family basis, must be child-oriented and family-oriented, and must be designed using
685	685	22.16information from diagnostic and functional assessments to meet the specific mental health
686	686	22.17needs of the child and the child's family. Services must be coordinated with other services
687	687	22.18provided to the child and family.
688	688	22.19 (c) Examples of services are: (1) individual therapy; (2) family therapy; (3) client
689	689	22.20outreach; (4) assistance in developing individual living skills; (5) assistance in developing
690	690	22.21parenting skills necessary to address the needs of the child; (6) assistance with leisure and
691	691	22.22recreational services; (7) crisis planning, including crisis respite care and arranging for crisis
692	692	22.23placement; and (8) assistance in locating respite and child care. Services must be coordinated
693	693	22.24with other services provided to the child and family.
694	694	22.25Sec. 26. Minnesota Statutes 2024, section 245.4871, subdivision 32, is amended to read:
695	695	22.26 Subd. 32.Residential treatment."Residential treatment" means a 24-hour-a-day program
696	696	22.27under the treatment supervision of a mental health professional, in a community residential
697	697	22.28setting other than an acute care hospital or regional treatment center inpatient unit, that must
698	698	22.29be licensed as a residential treatment program for children with emotional disturbances
699	699	22.30mental illnesses under Minnesota Rules, parts 2960.0580 to 2960.0700, or other rules adopted
700	700	22.31by the commissioner.
701	701	22Sec. 26.
702	702	25-02045 as introduced02/11/25 REVISOR DTT/LN 23.1 Sec. 27. Minnesota Statutes 2024, section 245.4871, subdivision 34, is amended to read:
703	703	23.2 Subd. 34.Therapeutic support of foster care."Therapeutic support of foster care"
704	704	23.3means the mental health training and mental health support services and treatment supervision
705	705	23.4provided by a mental health professional to foster families caring for children with severe
706	706	23.5emotional disturbance serious mental illnesses to provide a therapeutic family environment
707	707	23.6and support for the child's improved functioning. Therapeutic support of foster care includes
708	708	23.7services provided under section 256B.0946.
709	709	23.8 Sec. 28. Minnesota Statutes 2024, section 245.4873, subdivision 2, is amended to read:
710	710	23.9 Subd. 2.State level; coordination.The Children's Cabinet, under section 4.045, in
711	711	23.10consultation with a representative of the Minnesota District Judges Association Juvenile
712	712	23.11Committee, shall:
713	713	23.12 (1) educate each agency about the policies, procedures, funding, and services for children
714	714	23.13with emotional disturbances mental illnesses of all agencies represented;
715	715	23.14 (2) develop mechanisms for interagency coordination on behalf of children with emotional
716	716	23.15disturbances mental illnesses;
717	717	23.16 (3) identify barriers including policies and procedures within all agencies represented
718	718	23.17that interfere with delivery of mental health services for children;
719	719	23.18 (4) recommend policy and procedural changes needed to improve development and
720	720	23.19delivery of mental health services for children in the agency or agencies they represent; and
721	721	23.20 (5) identify mechanisms for better use of federal and state funding in the delivery of
722	722	23.21mental health services for children.
723	723	23.22Sec. 29. Minnesota Statutes 2024, section 245.4874, subdivision 1, is amended to read:
724	724	23.23 Subdivision 1.Duties of county board.(a) The county board must:
725	725	23.24 (1) develop a system of affordable and locally available children's mental health services
726	726	23.25according to sections 245.487 to 245.4889;
727	727	23.26 (2) consider the assessment of unmet needs in the county as reported by the local
728	728	23.27children's mental health advisory council under section 245.4875, subdivision 5, paragraph
729	729	23.28(b), clause (3). The county shall provide, upon request of the local children's mental health
730	730	23.29advisory council, readily available data to assist in the determination of unmet needs;
731	731	23.30 (3) assure that parents and providers in the county receive information about how to
732	732	23.31gain access to services provided according to sections 245.487 to 245.4889;
733	733	23Sec. 29.
734	734	25-02045 as introduced02/11/25 REVISOR DTT/LN 24.1 (4) coordinate the delivery of children's mental health services with services provided
735	735	24.2by social services, education, corrections, health, and vocational agencies to improve the
736	736	24.3availability of mental health services to children and the cost-effectiveness of their delivery;
737	737	24.4 (5) assure that mental health services delivered according to sections 245.487 to 245.4889
738	738	24.5are delivered expeditiously and are appropriate to the child's diagnostic assessment and
739	739	24.6individual treatment plan;
740	740	24.7 (6) provide for case management services to each child with severe emotional disturbance
741	741	24.8serious mental illness according to sections 245.486; 245.4871, subdivisions 3 and 4; and
742	742	24.9245.4881, subdivisions 1, 3, and 5;
743	743	24.10 (7) provide for screening of each child under section 245.4885 upon admission to a
744	744	24.11residential treatment facility, acute care hospital inpatient treatment, or informal admission
745	745	24.12to a regional treatment center;
746	746	24.13 (8) prudently administer grants and purchase-of-service contracts that the county board
747	747	24.14determines are necessary to fulfill its responsibilities under sections 245.487 to 245.4889;
748	748	24.15 (9) assure that mental health professionals, mental health practitioners, and case managers
749	749	24.16employed by or under contract to the county to provide mental health services are qualified
750	750	24.17under section 245.4871;
751	751	24.18 (10) assure that children's mental health services are coordinated with adult mental health
752	752	24.19services specified in sections 245.461 to 245.486 so that a continuum of mental health
753	753	24.20services is available to serve persons with mental illness, regardless of the person's age;
754	754	24.21 (11) assure that culturally competent mental health consultants are used as necessary to
755	755	24.22assist the county board in assessing and providing appropriate treatment for children of
756	756	24.23cultural or racial minority heritage; and
757	757	24.24 (12) consistent with section 245.486, arrange for or provide a children's mental health
758	758	24.25screening for:
759	759	24.26 (i) a child receiving child protective services;
760	760	24.27 (ii) a child in out-of-home placement residential treatment or therapeutic foster care;
761	761	24.28 (iii) a child for whom parental rights have been terminated;
762	762	24.29 (iv) a child found to be delinquent; or
763	763	24.30 (v) a child found to have committed a juvenile petty offense for the third or subsequent
764	764	24.31time.
765	765	24Sec. 29.
766	766	25-02045 as introduced02/11/25 REVISOR DTT/LN 25.1 A children's mental health screening is not required when a screening or diagnostic
767	767	25.2assessment has been performed within the previous 180 days, or the child is currently under
768	768	25.3the care of a mental health professional.
769	769	25.4 (b) When a child is receiving protective services or is in out-of-home placement
770	770	25.5residential treatment or foster care, the court or county agency must notify a parent or
771	771	25.6guardian whose parental rights have not been terminated of the potential mental health
772	772	25.7screening and the option to prevent the screening by notifying the court or county agency
773	773	25.8in writing.
774	774	25.9 (c) When a child is found to be delinquent or a child is found to have committed a
775	775	25.10juvenile petty offense for the third or subsequent time, the court or county agency must
776	776	25.11obtain written informed consent from the parent or legal guardian before a screening is
777	777	25.12conducted unless the court, notwithstanding the parent's failure to consent, determines that
778	778	25.13the screening is in the child's best interest.
779	779	25.14 (d) The screening shall be conducted with a screening instrument approved by the
780	780	25.15commissioner of human services according to criteria that are updated and issued annually
781	781	25.16to ensure that approved screening instruments are valid and useful for child welfare and
782	782	25.17juvenile justice populations. Screenings shall be conducted by a mental health practitioner
783	783	25.18as defined in section 245.4871, subdivision 26, or a probation officer or local social services
784	784	25.19agency staff person who is trained in the use of the screening instrument. Training in the
785	785	25.20use of the instrument shall include:
786	786	25.21 (1) training in the administration of the instrument;
787	787	25.22 (2) the interpretation of its validity given the child's current circumstances;
788	788	25.23 (3) the state and federal data practices laws and confidentiality standards;
789	789	25.24 (4) the parental consent requirement; and
790	790	25.25 (5) providing respect for families and cultural values.
791	791	25.26 If the screen indicates a need for assessment, the child's family, or if the family lacks
792	792	25.27mental health insurance, the local social services agency, in consultation with the child's
793	793	25.28family, shall have conducted a diagnostic assessment, including a functional assessment.
794	794	25.29The administration of the screening shall safeguard the privacy of children receiving the
795	795	25.30screening and their families and shall comply with the Minnesota Government Data Practices
796	796	25.31Act, chapter 13, and the federal Health Insurance Portability and Accountability Act of
797	797	25.321996, Public Law 104-191. Screening results are classified as private data on individuals,
798	798	25.33as defined by section 13.02, subdivision 12. The county board or Tribal nation may provide
799	799	25Sec. 29.
800	800	25-02045 as introduced02/11/25 REVISOR DTT/LN 26.1the commissioner with access to the screening results for the purposes of program evaluation
801	801	26.2and improvement.
802	802	26.3 (e) When the county board refers clients to providers of children's therapeutic services
803	803	26.4and supports under section 256B.0943, the county board must clearly identify the desired
804	804	26.5services components not covered under section 256B.0943 and identify the reimbursement
805	805	26.6source for those requested services, the method of payment, and the payment rate to the
806	806	26.7provider.
807	807	26.8 Sec. 30. Minnesota Statutes 2024, section 245.4875, subdivision 5, is amended to read:
808	808	26.9 Subd. 5.Local children's advisory council.(a) By October 1, 1989, the county board,
809	809	26.10individually or in conjunction with other county boards, shall establish a local children's
810	810	26.11mental health advisory council or children's mental health subcommittee of the existing
811	811	26.12local mental health advisory council or shall include persons on its existing mental health
812	812	26.13advisory council who are representatives of children's mental health interests. The following
813	813	26.14individuals must serve on the local children's mental health advisory council, the children's
814	814	26.15mental health subcommittee of an existing local mental health advisory council, or be
815	815	26.16included on an existing mental health advisory council: (1) at least one person who was in
816	816	26.17a mental health program as a child or adolescent; (2) at least one parent of a child or
817	817	26.18adolescent with severe emotional disturbance serious mental illness; (3) one children's
818	818	26.19mental health professional; (4) representatives of minority populations of significant size
819	819	26.20residing in the county; (5) a representative of the children's mental health local coordinating
820	820	26.21council; and (6) one family community support services program representative.
821	821	26.22 (b) The local children's mental health advisory council or children's mental health
822	822	26.23subcommittee of an existing advisory council shall seek input from parents, former
823	823	26.24consumers, providers, and others about the needs of children with emotional disturbance
824	824	26.25mental illness in the local area and services needed by families of these children, and shall
825	825	26.26meet monthly, unless otherwise determined by the council or subcommittee, but not less
826	826	26.27than quarterly, to review, evaluate, and make recommendations regarding the local children's
827	827	26.28mental health system. Annually, the local children's mental health advisory council or
828	828	26.29children's mental health subcommittee of the existing local mental health advisory council
829	829	26.30shall:
830	830	26.31 (1) arrange for input from the local system of care providers regarding coordination of
831	831	26.32care between the services;
832	832	26.33 (2) identify for the county board the individuals, providers, agencies, and associations
833	833	26.34as specified in section 245.4877, clause (2); and
834	834	26Sec. 30.
835	835	25-02045 as introduced02/11/25 REVISOR DTT/LN 27.1 (3) provide to the county board a report of unmet mental health needs of children residing
836	836	27.2in the county.
837	837	27.3 (c) The county board shall consider the advice of its local children's mental health
838	838	27.4advisory council or children's mental health subcommittee of the existing local mental health
839	839	27.5advisory council in carrying out its authorities and responsibilities.
840	840	27.6 Sec. 31. Minnesota Statutes 2024, section 245.4876, subdivision 4, is amended to read:
841	841	27.7 Subd. 4.Referral for case management.Each provider of emergency services, outpatient
842	842	27.8treatment, community support services, family community support services, day treatment
843	843	27.9services, screening under section 245.4885, professional home-based family treatment
844	844	27.10services, residential treatment facilities, acute care hospital inpatient treatment facilities, or
845	845	27.11regional treatment center services must inform each child with severe emotional disturbance
846	846	27.12serious mental illness, and the child's parent or legal representative, of the availability and
847	847	27.13potential benefits to the child of case management. The information shall be provided as
848	848	27.14specified in subdivision 5. If consent is obtained according to subdivision 5, the provider
849	849	27.15must refer the child by notifying the county employee designated by the county board to
850	850	27.16coordinate case management activities of the child's name and address and by informing
851	851	27.17the child's family of whom to contact to request case management. The provider must
852	852	27.18document compliance with this subdivision in the child's record. The parent or child may
853	853	27.19directly request case management even if there has been no referral.
854	854	27.20Sec. 32. Minnesota Statutes 2024, section 245.4876, subdivision 5, is amended to read:
855	855	27.21 Subd. 5.Consent for services or for release of information.(a) Although sections
856	856	27.22245.487 to 245.4889 require each county board, within the limits of available resources, to
857	857	27.23make the mental health services listed in those sections available to each child residing in
858	858	27.24the county who needs them, the county board shall not provide any services, either directly
859	859	27.25or by contract, unless consent to the services is obtained under this subdivision. The case
860	860	27.26manager assigned to a child with a severe emotional disturbance serious mental illness shall
861	861	27.27not disclose to any person other than the case manager's immediate supervisor and the mental
862	862	27.28health professional providing clinical supervision of the case manager information on the
863	863	27.29child, the child's family, or services provided to the child or the child's family without
864	864	27.30informed written consent unless required to do so by statute or under the Minnesota
865	865	27.31Government Data Practices Act. Informed written consent must comply with section 13.05,
866	866	27.32subdivision 4, paragraph (d), and specify the purpose and use for which the case manager
867	867	27.33may disclose the information.
868	868	27Sec. 32.
869	869	25-02045 as introduced02/11/25 REVISOR DTT/LN 28.1 (b) The consent or authorization must be obtained from the child's parent unless: (1) the
870	870	28.2parental rights are terminated; or (2) consent is otherwise provided under sections 144.341
871	871	28.3to 144.347; 253B.04, subdivision 1; 260C.148; 260C.151; and 260C.201, subdivision 1,
872	872	28.4the terms of appointment of a court-appointed guardian or conservator, or federal regulations
873	873	28.5governing substance use disorder services.
874	874	28.6 Sec. 33. Minnesota Statutes 2024, section 245.4877, is amended to read:
875	875	28.7 245.4877 EDUCATION AND PREVENTION SERVICES.
876	876	28.8 Education and prevention services must be available to all children residing in the county.
877	877	28.9Education and prevention services must be designed to:
878	878	28.10 (1) convey information regarding emotional disturbances mental illnesses, mental health
879	879	28.11needs, and treatment resources to the general public;
880	880	28.12 (2) at least annually, distribute to individuals and agencies identified by the county board
881	881	28.13and the local children's mental health advisory council information on predictors and
882	882	28.14symptoms of emotional disturbances mental illnesses, where mental health services are
883	883	28.15available in the county, and how to access the services;
884	884	28.16 (3) increase understanding and acceptance of problems associated with emotional
885	885	28.17disturbances mental illnesses;
886	886	28.18 (4) improve people's skills in dealing with high-risk situations known to affect children's
887	887	28.19mental health and functioning;
888	888	28.20 (5) prevent development or deepening of emotional disturbances mental illnesses; and
889	889	28.21 (6) refer each child with emotional disturbance mental illness or the child's family with
890	890	28.22additional mental health needs to appropriate mental health services.
891	891	28.23Sec. 34. Minnesota Statutes 2024, section 245.488, subdivision 1, is amended to read:
892	892	28.24 Subdivision 1.Availability of outpatient services.(a) County boards must provide or
893	893	28.25contract for enough outpatient services within the county to meet the needs of each child
894	894	28.26with emotional disturbance mental illness residing in the county and the child's family.
895	895	28.27Services may be provided directly by the county through county-operated mental health
896	896	28.28clinics meeting the standards of chapter 245I; by contract with privately operated mental
897	897	28.29health clinics meeting the standards of chapter 245I; by contract with hospital mental health
898	898	28.30outpatient programs certified by the Joint Commission on Accreditation of Hospital
899	899	28.31Organizations; or by contract with a mental health professional. A child or a child's parent
900	900	28Sec. 34.
901	901	25-02045 as introduced02/11/25 REVISOR DTT/LN 29.1may be required to pay a fee based in accordance with section 245.481. Outpatient services
902	902	29.2include:
903	903	29.3 (1) conducting diagnostic assessments;
904	904	29.4 (2) conducting psychological testing;
905	905	29.5 (3) developing or modifying individual treatment plans;
906	906	29.6 (4) making referrals and recommending placements as appropriate;
907	907	29.7 (5) treating the child's mental health needs through therapy; and
908	908	29.8 (6) prescribing and managing medication and evaluating the effectiveness of prescribed
909	909	29.9medication.
910	910	29.10 (b) County boards may request a waiver allowing outpatient services to be provided in
911	911	29.11a nearby trade area if it is determined that the child requires necessary and appropriate
912	912	29.12services that are only available outside the county.
913	913	29.13 (c) Outpatient services offered by the county board to prevent placement must be at the
914	914	29.14level of treatment appropriate to the child's diagnostic assessment.
915	915	29.15Sec. 35. Minnesota Statutes 2024, section 245.488, subdivision 3, is amended to read:
916	916	29.16 Subd. 3.Mental health crisis services.County boards must provide or contract for
917	917	29.17mental health crisis services within the county to meet the needs of children with emotional
918	918	29.18disturbance mental illness residing in the county who are determined, through an assessment
919	919	29.19by a mental health professional, to be experiencing a mental health crisis or mental health
920	920	29.20emergency. The mental health crisis services provided must be medically necessary, as
921	921	29.21defined in section 62Q.53, subdivision 2, and necessary for the safety of the child or others
922	922	29.22regardless of the setting.
923	923	29.23Sec. 36. Minnesota Statutes 2024, section 245.4881, subdivision 1, is amended to read:
924	924	29.24 Subdivision 1.Availability of case management services.(a) The county board shall
925	925	29.25provide case management services for each child with severe emotional disturbance serious
926	926	29.26mental illness who is a resident of the county and the child's family who request or consent
927	927	29.27to the services. Case management services must be offered to a child with a serious emotional
928	928	29.28disturbance mental illness who is over the age of 18 consistent with section 245.4875,
929	929	29.29subdivision 8, or the child's legal representative, provided the child's service needs can be
930	930	29.30met within the children's service system. Before discontinuing case management services
931	931	29.31under this subdivision for children between the ages of 17 and 21, a transition plan must be
932	932	29Sec. 36.
933	933	25-02045 as introduced02/11/25 REVISOR DTT/LN 30.1developed. The transition plan must be developed with the child and, with the consent of a
934	934	30.2child age 18 or over, the child's parent, guardian, or legal representative. The transition plan
935	935	30.3should include plans for health insurance, housing, education, employment, and treatment.
936	936	30.4Staffing ratios must be sufficient to serve the needs of the clients. The case manager must
937	937	30.5meet the requirements in section 245.4871, subdivision 4.
938	938	30.6 (b) Except as permitted by law and the commissioner under demonstration projects, case
939	939	30.7management services provided to children with severe emotional disturbance serious mental
940	940	30.8illness eligible for medical assistance must be billed to the medical assistance program under
941	941	30.9sections 256B.02, subdivision 8, and 256B.0625.
942	942	30.10 (c) Case management services are eligible for reimbursement under the medical assistance
943	943	30.11program. Costs of mentoring, supervision, and continuing education may be included in the
944	944	30.12reimbursement rate methodology used for case management services under the medical
945	945	30.13assistance program.
946	946	30.14Sec. 37. Minnesota Statutes 2024, section 245.4881, subdivision 4, is amended to read:
947	947	30.15 Subd. 4.Individual family community support plan.(a) For each child, the case
948	948	30.16manager must develop an individual family community support plan that incorporates the
949	949	30.17child's individual treatment plan. The individual treatment plan may not be a substitute for
950	950	30.18the development of an individual family community support plan. The case manager is
951	951	30.19responsible for developing the individual family community support plan within 30 days
952	952	30.20of intake based on a diagnostic assessment and for implementing and monitoring the delivery
953	953	30.21of services according to the individual family community support plan. The case manager
954	954	30.22must review the plan at least every 180 calendar days after it is developed, unless the case
955	955	30.23manager has received a written request from the child's family or an advocate for the child
956	956	30.24for a review of the plan every 90 days after it is developed. To the extent appropriate, the
957	957	30.25child with severe emotional disturbance serious mental illness, the child's family, advocates,
958	958	30.26service providers, and significant others must be involved in all phases of development and
959	959	30.27implementation of the individual family community support plan. Notwithstanding the lack
960	960	30.28of an individual family community support plan, the case manager shall assist the child and
961	961	30.29child's family in accessing the needed services listed in section 245.4884, subdivision 1.
962	962	30.30 (b) The child's individual family community support plan must state:
963	963	30.31 (1) the goals and expected outcomes of each service and criteria for evaluating the
964	964	30.32effectiveness and appropriateness of the service;
965	965	30.33 (2) the activities for accomplishing each goal;
966	966	30Sec. 37.
967	967	25-02045 as introduced02/11/25 REVISOR DTT/LN 31.1 (3) a schedule for each activity; and
968	968	31.2 (4) the frequency of face-to-face contacts by the case manager, as appropriate to client
969	969	31.3need and the implementation of the individual family community support plan.
970	970	31.4 Sec. 38. Minnesota Statutes 2024, section 245.4882, subdivision 1, is amended to read:
971	971	31.5 Subdivision 1.Availability of residential treatment services.County boards must
972	972	31.6provide or contract for enough residential treatment services to meet the needs of each child
973	973	31.7with severe emotional disturbance serious mental illness residing in the county and needing
974	974	31.8this level of care. Length of stay is based on the child's residential treatment need and shall
975	975	31.9be reviewed every 90 days. Services must be appropriate to the child's age and treatment
976	976	31.10needs and must be made available as close to the county as possible. Residential treatment
977	977	31.11must be designed to:
978	978	31.12 (1) help the child improve family living and social interaction skills;
979	979	31.13 (2) help the child gain the necessary skills to return to the community;
980	980	31.14 (3) stabilize crisis admissions; and
981	981	31.15 (4) work with families throughout the placement to improve the ability of the families
982	982	31.16to care for children with severe emotional disturbance serious mental illness in the home.
983	983	31.17Sec. 39. Minnesota Statutes 2024, section 245.4882, subdivision 5, is amended to read:
984	984	31.18 Subd. 5.Specialized residential treatment services.The commissioner of human
985	985	31.19services shall continue efforts to further interagency collaboration to develop a comprehensive
986	986	31.20system of services, including family community support and specialized residential treatment
987	987	31.21services for children. The services shall be designed for children with emotional disturbance
988	988	31.22mental illness who exhibit violent or destructive behavior and for whom local treatment
989	989	31.23services are not feasible due to the small number of children statewide who need the services
990	990	31.24and the specialized nature of the services required. The services shall be located in community
991	991	31.25settings.
992	992	31.26Sec. 40. Minnesota Statutes 2024, section 245.4884, is amended to read:
993	993	31.27 245.4884 FAMILY COMMUNITY SUPPORT SERVICES.
994	994	31.28 Subdivision 1.Availability of family community support services.By July 1, 1991,
995	995	31.29county boards must provide or contract for sufficient family community support services
996	996	31.30within the county to meet the needs of each child with severe emotional disturbance serious
997	997	31Sec. 40.
998	998	25-02045 as introduced02/11/25 REVISOR DTT/LN 32.1mental illness who resides in the county and the child's family. Children or their parents
999	999	32.2may be required to pay a fee in accordance with section 245.481.
1000	1000	32.3 Family community support services must be designed to improve the ability of children
1001	1001	32.4with severe emotional disturbance serious mental illness to:
1002	1002	32.5 (1) manage basic activities of daily living;
1003	1003	32.6 (2) function appropriately in home, school, and community settings;
1004	1004	32.7 (3) participate in leisure time or community youth activities;
1005	1005	32.8 (4) set goals and plans;
1006	1006	32.9 (5) reside with the family in the community;
1007	1007	32.10 (6) participate in after-school and summer activities;
1008	1008	32.11 (7) make a smooth transition among mental health and education services provided to
1009	1009	32.12children; and
1010	1010	32.13 (8) make a smooth transition into the adult mental health system as appropriate.
1011	1011	32.14 In addition, family community support services must be designed to improve overall
1012	1012	32.15family functioning if clinically appropriate to the child's needs, and to reduce the need for
1013	1013	32.16and use of placements more intensive, costly, or restrictive both in the number of admissions
1014	1014	32.17and lengths of stay than indicated by the child's diagnostic assessment.
1015	1015	32.18 The commissioner of human services shall work with mental health professionals to
1016	1016	32.19develop standards for clinical supervision of family community support services. These
1017	1017	32.20standards shall be incorporated in rule and in guidelines for grants for family community
1018	1018	32.21support services.
1019	1019	32.22 Subd. 2.Day treatment services provided.(a) Day treatment services must be part of
1020	1020	32.23the family community support services available to each child with severe emotional
1021	1021	32.24disturbance serious mental illness residing in the county. A child or the child's parent may
1022	1022	32.25be required to pay a fee according to section 245.481. Day treatment services must be
1023	1023	32.26designed to:
1024	1024	32.27 (1) provide a structured environment for treatment;
1025	1025	32.28 (2) provide support for residing in the community;
1026	1026	32.29 (3) prevent placements that are more intensive, costly, or restrictive than necessary to
1027	1027	32.30meet the child's need;
1028	1028	32.31 (4) coordinate with or be offered in conjunction with the child's education program;
1029	1029	32Sec. 40.
1030	1030	25-02045 as introduced02/11/25 REVISOR DTT/LN 33.1 (5) provide therapy and family intervention for children that are coordinated with
1031	1031	33.2education services provided and funded by schools; and
1032	1032	33.3 (6) operate during all 12 months of the year.
1033	1033	33.4 (b) County boards may request a waiver from including day treatment services if they
1034	1034	33.5can document that:
1035	1035	33.6 (1) alternative services exist through the county's family community support services
1036	1036	33.7for each child who would otherwise need day treatment services; and
1037	1037	33.8 (2) county demographics and geography make the provision of day treatment services
1038	1038	33.9cost ineffective and unfeasible.
1039	1039	33.10 Subd. 3.Professional home-based family treatment provided.(a) By January 1, 1991,
1040	1040	33.11county boards must provide or contract for sufficient professional home-based family
1041	1041	33.12treatment within the county to meet the needs of each child with severe emotional disturbance
1042	1042	33.13serious mental illness who is at risk of out-of-home placement residential treatment or
1043	1043	33.14therapeutic foster care due to the child's emotional disturbance mental illness or who is
1044	1044	33.15returning to the home from out-of-home placement residential treatment or therapeutic
1045	1045	33.16foster care. The child or the child's parent may be required to pay a fee according to section
1046	1046	33.17245.481. The county board shall require that all service providers of professional home-based
1047	1047	33.18family treatment set fee schedules approved by the county board that are based on the child's
1048	1048	33.19or family's ability to pay. The professional home-based family treatment must be designed
1049	1049	33.20to assist each child with severe emotional disturbance serious mental illness who is at risk
1050	1050	33.21of or who is returning from out-of-home placement residential treatment or therapeutic
1051	1051	33.22foster care and the child's family to:
1052	1052	33.23 (1) improve overall family functioning in all areas of life;
1053	1053	33.24 (2) treat the child's symptoms of emotional disturbance mental illness that contribute to
1054	1054	33.25a risk of out-of-home placement residential treatment or therapeutic foster care;
1055	1055	33.26 (3) provide a positive change in the emotional, behavioral, and mental well-being of
1056	1056	33.27children and their families; and
1057	1057	33.28 (4) reduce risk of out-of-home placement residential treatment or therapeutic foster care
1058	1058	33.29for the identified child with severe emotional disturbance serious mental illness and other
1059	1059	33.30siblings or successfully reunify and reintegrate into the family a child returning from
1060	1060	33.31out-of-home placement residential treatment or therapeutic foster care due to emotional
1061	1061	33.32disturbance mental illness.
1062	1062	33Sec. 40.
1063	1063	25-02045 as introduced02/11/25 REVISOR DTT/LN 34.1 (b) Professional home-based family treatment must be provided by a team consisting of
1064	1064	34.2a mental health professional and others who are skilled in the delivery of mental health
1065	1065	34.3services to children and families in conjunction with other human service providers. The
1066	1066	34.4professional home-based family treatment team must maintain flexible hours of service
1067	1067	34.5availability and must provide or arrange for crisis services for each family, 24 hours a day,
1068	1068	34.6seven days a week. Case loads for each professional home-based family treatment team
1069	1069	34.7must be small enough to permit the delivery of intensive services and to meet the needs of
1070	1070	34.8the family. Professional home-based family treatment providers shall coordinate services
1071	1071	34.9and service needs with case managers assigned to children and their families. The treatment
1072	1072	34.10team must develop an individual treatment plan that identifies the specific treatment
1073	1073	34.11objectives for both the child and the family.
1074	1074	34.12 Subd. 4.Therapeutic support of foster care.By January 1, 1992, county boards must
1075	1075	34.13provide or contract for foster care with therapeutic support as defined in section 245.4871,
1076	1076	34.14subdivision 34. Foster families caring for children with severe emotional disturbance serious
1077	1077	34.15mental illness must receive training and supportive services, as necessary, at no cost to the
1078	1078	34.16foster families within the limits of available resources.
1079	1079	34.17 Subd. 5.Benefits assistance.The county board must offer help to a child with severe
1080	1080	34.18emotional disturbance serious mental illness and the child's family in applying for federal
1081	1081	34.19benefits, including Supplemental Security Income, medical assistance, and Medicare.
1082	1082	34.20Sec. 41. Minnesota Statutes 2024, section 245.4885, subdivision 1, is amended to read:
1083	1083	34.21 Subdivision 1.Admission criteria.(a) Prior to admission or placement, except in the
1084	1084	34.22case of an emergency, all children referred for treatment of severe emotional disturbance
1085	1085	34.23serious mental illness in a treatment foster care setting, residential treatment facility, or
1086	1086	34.24informally admitted to a regional treatment center shall undergo an assessment to determine
1087	1087	34.25the appropriate level of care if county funds are used to pay for the child's services. An
1088	1088	34.26emergency includes when a child is in need of and has been referred for crisis stabilization
1089	1089	34.27services under section 245.4882, subdivision 6. A child who has been referred to residential
1090	1090	34.28treatment for crisis stabilization services in a residential treatment center is not required to
1091	1091	34.29undergo an assessment under this section.
1092	1092	34.30 (b) The county board shall determine the appropriate level of care for a child when
1093	1093	34.31county-controlled funds are used to pay for the child's residential treatment under this
1094	1094	34.32chapter, including residential treatment provided in a qualified residential treatment program
1095	1095	34.33as defined in section 260C.007, subdivision 26d. When a county board does not have
1096	1096	34.34responsibility for a child's placement and the child is enrolled in a prepaid health program
1097	1097	34Sec. 41.
1098	1098	25-02045 as introduced02/11/25 REVISOR DTT/LN 35.1under section 256B.69, the enrolled child's contracted health plan must determine the
1099	1099	35.2appropriate level of care for the child. When Indian Health Services funds or funds of a
1100	1100	35.3tribally owned facility funded under the Indian Self-Determination and Education Assistance
1101	1101	35.4Act, Public Law 93-638, are used for the child, the Indian Health Services or 638 tribal
1102	1102	35.5health facility must determine the appropriate level of care for the child. When more than
1103	1103	35.6one entity bears responsibility for a child's coverage, the entities shall coordinate level of
1104	1104	35.7care determination activities for the child to the extent possible.
1105	1105	35.8 (c) The child's level of care determination shall determine whether the proposed treatment:
1106	1106	35.9 (1) is necessary;
1107	1107	35.10 (2) is appropriate to the child's individual treatment needs;
1108	1108	35.11 (3) cannot be effectively provided in the child's home; and
1109	1109	35.12 (4) provides a length of stay as short as possible consistent with the individual child's
1110	1110	35.13needs.
1111	1111	35.14 (d) When a level of care determination is conducted, the county board or other entity
1112	1112	35.15may not determine that a screening of a child, referral, or admission to a residential treatment
1113	1113	35.16facility is not appropriate solely because services were not first provided to the child in a
1114	1114	35.17less restrictive setting and the child failed to make progress toward or meet treatment goals
1115	1115	35.18in the less restrictive setting. The level of care determination must be based on a diagnostic
1116	1116	35.19assessment of a child that evaluates the child's family, school, and community living
1117	1117	35.20situations; and an assessment of the child's need for care out of the home using a validated
1118	1118	35.21tool which assesses a child's functional status and assigns an appropriate level of care to the
1119	1119	35.22child. The validated tool must be approved by the commissioner of human services and
1120	1120	35.23may be the validated tool approved for the child's assessment under section 260C.704 if the
1121	1121	35.24juvenile treatment screening team recommended placement of the child in a qualified
1122	1122	35.25residential treatment program. If a diagnostic assessment has been completed by a mental
1123	1123	35.26health professional within the past 180 days, a new diagnostic assessment need not be
1124	1124	35.27completed unless in the opinion of the current treating mental health professional the child's
1125	1125	35.28mental health status has changed markedly since the assessment was completed. The child's
1126	1126	35.29parent shall be notified if an assessment will not be completed and of the reasons. A copy
1127	1127	35.30of the notice shall be placed in the child's file. Recommendations developed as part of the
1128	1128	35.31level of care determination process shall include specific community services needed by
1129	1129	35.32the child and, if appropriate, the child's family, and shall indicate whether these services
1130	1130	35.33are available and accessible to the child and the child's family. The child and the child's
1131	1131	35.34family must be invited to any meeting where the level of care determination is discussed
1132	1132	35Sec. 41.
1133	1133	25-02045 as introduced02/11/25 REVISOR DTT/LN 36.1and decisions regarding residential treatment are made. The child and the child's family
1134	1134	36.2may invite other relatives, friends, or advocates to attend these meetings.
1135	1135	36.3 (e) During the level of care determination process, the child, child's family, or child's
1136	1136	36.4legal representative, as appropriate, must be informed of the child's eligibility for case
1137	1137	36.5management services and family community support services and that an individual family
1138	1138	36.6community support plan is being developed by the case manager, if assigned.
1139	1139	36.7 (f) The level of care determination, placement decision, and recommendations for mental
1140	1140	36.8health services must be documented in the child's record and made available to the child's
1141	1141	36.9family, as appropriate.
1142	1142	36.10Sec. 42. Minnesota Statutes 2024, section 245.4889, subdivision 1, is amended to read:
1143	1143	36.11 Subdivision 1.Establishment and authority.(a) The commissioner is authorized to
1144	1144	36.12make grants from available appropriations to assist:
1145	1145	36.13 (1) counties;
1146	1146	36.14 (2) Indian tribes;
1147	1147	36.15 (3) children's collaboratives under section 142D.15 or 245.493; or
1148	1148	36.16 (4) mental health service providers.
1149	1149	36.17 (b) The following services are eligible for grants under this section:
1150	1150	36.18 (1) services to children with emotional disturbances mental illness as defined in section
1151	1151	36.19245.4871, subdivision 15, and their families;
1152	1152	36.20 (2) transition services under section 245.4875, subdivision 8, for young adults under
1153	1153	36.21age 21 and their families;
1154	1154	36.22 (3) respite care services for children with emotional disturbances mental illness or severe
1155	1155	36.23emotional disturbances serious mental illness who are at risk of residential treatment or
1156	1156	36.24hospitalization,; who are already in out-of-home placement residential treatment, therapeutic
1157	1157	36.25foster care, or in family foster settings as defined in chapter 142B and at risk of change in
1158	1158	36.26out-of-home placement foster care or placement in a residential facility or other higher level
1159	1159	36.27of care,; who have utilized crisis services or emergency room services,; or who have
1160	1160	36.28experienced a loss of in-home staffing support. Allowable activities and expenses for respite
1161	1161	36.29care services are defined under subdivision 4. A child is not required to have case
1162	1162	36.30management services to receive respite care services. Counties must work to provide access
1163	1163	36.31to regularly scheduled respite care;
1164	1164	36Sec. 42.
1165	1165	25-02045 as introduced02/11/25 REVISOR DTT/LN 37.1 (4) children's mental health crisis services;
1166	1166	37.2 (5) child-, youth-, and family-specific mobile response and stabilization services models;
1167	1167	37.3 (6) mental health services for people from cultural and ethnic minorities, including
1168	1168	37.4supervision of clinical trainees who are Black, indigenous, or people of color;
1169	1169	37.5 (7) children's mental health screening and follow-up diagnostic assessment and treatment;
1170	1170	37.6 (8) services to promote and develop the capacity of providers to use evidence-based
1171	1171	37.7practices in providing children's mental health services;
1172	1172	37.8 (9) school-linked mental health services under section 245.4901;
1173	1173	37.9 (10) building evidence-based mental health intervention capacity for children birth to
1174	1174	37.10age five;
1175	1175	37.11 (11) suicide prevention and counseling services that use text messaging statewide;
1176	1176	37.12 (12) mental health first aid training;
1177	1177	37.13 (13) training for parents, collaborative partners, and mental health providers on the
1178	1178	37.14impact of adverse childhood experiences and trauma and development of an interactive
1179	1179	37.15website to share information and strategies to promote resilience and prevent trauma;
1180	1180	37.16 (14) transition age services to develop or expand mental health treatment and supports
1181	1181	37.17for adolescents and young adults 26 years of age or younger;
1182	1182	37.18 (15) early childhood mental health consultation;
1183	1183	37.19 (16) evidence-based interventions for youth at risk of developing or experiencing a first
1184	1184	37.20episode of psychosis, and a public awareness campaign on the signs and symptoms of
1185	1185	37.21psychosis;
1186	1186	37.22 (17) psychiatric consultation for primary care practitioners; and
1187	1187	37.23 (18) providers to begin operations and meet program requirements when establishing a
1188	1188	37.24new children's mental health program. These may be start-up grants.
1189	1189	37.25 (c) Services under paragraph (b) must be designed to help each child to function and
1190	1190	37.26remain with the child's family in the community and delivered consistent with the child's
1191	1191	37.27treatment plan. Transition services to eligible young adults under this paragraph must be
1192	1192	37.28designed to foster independent living in the community.
1193	1193	37.29 (d) As a condition of receiving grant funds, a grantee shall obtain all available third-party
1194	1194	37.30reimbursement sources, if applicable.
1195	1195	37Sec. 42.
1196	1196	25-02045 as introduced02/11/25 REVISOR DTT/LN 38.1 (e) The commissioner may establish and design a pilot program to expand the mobile
1197	1197	38.2response and stabilization services model for children, youth, and families. The commissioner
1198	1198	38.3may use grant funding to consult with a qualified expert entity to assist in the formulation
1199	1199	38.4of measurable outcomes and explore and position the state to submit a Medicaid state plan
1200	1200	38.5amendment to scale the model statewide.
1201	1201	38.6 Sec. 43. Minnesota Statutes 2024, section 245.4907, subdivision 2, is amended to read:
1202	1202	38.7 Subd. 2.Eligible applicants.An eligible applicant is a licensed entity or provider that
1203	1203	38.8employs a mental health certified peer family specialist qualified under section 245I.04,
1204	1204	38.9subdivision 12, and that provides services to families who have a child:
1205	1205	38.10 (1) with an emotional disturbance a mental illness or severe emotional disturbance serious
1206	1206	38.11mental illness under chapter 245;
1207	1207	38.12 (2) receiving inpatient hospitalization under section 256B.0625, subdivision 1;
1208	1208	38.13 (3) admitted to a residential treatment facility under section 245.4882;
1209	1209	38.14 (4) receiving children's intensive behavioral health services under section 256B.0946;
1210	1210	38.15 (5) receiving day treatment or children's therapeutic services and supports under section
1211	1211	38.16256B.0943; or
1212	1212	38.17 (6) receiving crisis response services under section 256B.0624.
1213	1213	38.18Sec. 44. Minnesota Statutes 2024, section 245.491, subdivision 2, is amended to read:
1214	1214	38.19 Subd. 2.Purpose.The legislature finds that children with mental illnesses or emotional
1215	1215	38.20or behavioral disturbances or who are at risk of suffering such disturbances often require
1216	1216	38.21services from multiple service systems including mental health, social services, education,
1217	1217	38.22corrections, juvenile court, health, and employment and economic development. In order
1218	1218	38.23to better meet the needs of these children, it is the intent of the legislature to establish an
1219	1219	38.24integrated children's mental health service system that:
1220	1220	38.25 (1) allows local service decision makers to draw funding from a single local source so
1221	1221	38.26that funds follow clients and eliminates the need to match clients, funds, services, and
1222	1222	38.27provider eligibilities;
1223	1223	38.28 (2) creates a local pool of state, local, and private funds to procure a greater medical
1224	1224	38.29assistance federal financial participation;
1225	1225	38.30 (3) improves the efficiency of use of existing resources;
1226	1226	38Sec. 44.
1227	1227	25-02045 as introduced02/11/25 REVISOR DTT/LN 39.1 (4) minimizes or eliminates the incentives for cost and risk shifting; and
1228	1228	39.2 (5) increases the incentives for earlier identification and intervention.
1229	1229	39.3The children's mental health integrated fund established under sections 245.491 to 245.495
1230	1230	39.4must be used to develop and support this integrated mental health service system. In
1231	1231	39.5developing this integrated service system, it is not the intent of the legislature to limit any
1232	1232	39.6rights available to children and their families through existing federal and state laws.
1233	1233	39.7 Sec. 45. Minnesota Statutes 2024, section 245.492, subdivision 3, is amended to read:
1234	1234	39.8 Subd. 3.Children with emotional or behavioral disturbances."Children with
1235	1235	39.9emotional or behavioral disturbances" includes children with emotional disturbances mental
1236	1236	39.10illnesses as defined in section 245.4871, subdivision 15, and children with emotional or
1237	1237	39.11behavioral disorders as defined in Minnesota Rules, part 3525.1329, subpart 1.
1238	1238	39.12Sec. 46. Minnesota Statutes 2024, section 245.697, subdivision 2a, is amended to read:
1239	1239	39.13 Subd. 2a.Subcommittee on Children's Mental Health.The State Advisory Council
1240	1240	39.14on Mental Health (the "advisory council") must have a Subcommittee on Children's Mental
1241	1241	39.15Health. The subcommittee must make recommendations to the advisory council on policies,
1242	1242	39.16laws, regulations, and services relating to children's mental health. Members of the
1243	1243	39.17subcommittee must include:
1244	1244	39.18 (1) the commissioners or designees of the commissioners of the Departments of Human
1245	1245	39.19Services, Health, Education, State Planning, and Corrections;
1246	1246	39.20 (2) a designee of the Direct Care and Treatment executive board;
1247	1247	39.21 (3) the commissioner of commerce or a designee of the commissioner who is
1248	1248	39.22knowledgeable about medical insurance issues;
1249	1249	39.23 (4) at least one representative of an advocacy group for children with emotional
1250	1250	39.24disturbances mental illnesses;
1251	1251	39.25 (5) providers of children's mental health services, including at least one provider of
1252	1252	39.26services to preadolescent children, one provider of services to adolescents, and one
1253	1253	39.27hospital-based provider;
1254	1254	39.28 (6) parents of children who have emotional disturbances mental illnesses;
1255	1255	39.29 (7) a present or former consumer of adolescent mental health services;
1256	1256	39.30 (8) educators currently working with emotionally disturbed children with mental illnesses;
1257	1257	39Sec. 46.
1258	1258	25-02045 as introduced02/11/25 REVISOR DTT/LN 40.1 (9) people knowledgeable about the needs of emotionally disturbed children with mental
1259	1259	40.2illnesses of minority races and cultures;
1260	1260	40.3 (10) people experienced in working with emotionally disturbed children with mental
1261	1261	40.4illnesses who have committed status offenses;
1262	1262	40.5 (11) members of the advisory council;
1263	1263	40.6 (12) one person from the local corrections department and one representative of the
1264	1264	40.7Minnesota District Judges Association Juvenile Committee; and
1265	1265	40.8 (13) county commissioners and social services agency representatives.
1266	1266	40.9 The chair of the advisory council shall appoint subcommittee members described in
1267	1267	40.10clauses (4) to (12) through the process established in section 15.0597. The chair shall appoint
1268	1268	40.11members to ensure a geographical balance on the subcommittee. Terms, compensation,
1269	1269	40.12removal, and filling of vacancies are governed by subdivision 1, except that terms of
1270	1270	40.13subcommittee members who are also members of the advisory council are coterminous with
1271	1271	40.14their terms on the advisory council. The subcommittee shall meet at the call of the
1272	1272	40.15subcommittee chair who is elected by the subcommittee from among its members. The
1273	1273	40.16subcommittee expires with the expiration of the advisory council.
1274	1274	40.17Sec. 47. Minnesota Statutes 2024, section 245.814, subdivision 3, is amended to read:
1275	1275	40.18 Subd. 3.Compensation provisions.(a) If the commissioner of human services is unable
1276	1276	40.19to obtain insurance through ordinary methods for coverage of foster home providers, the
1277	1277	40.20appropriation shall be returned to the general fund and the state shall pay claims subject to
1278	1278	40.21the following limitations.
1279	1279	40.22 (a) (b) Compensation shall be provided only for injuries, damage, or actions set forth in
1280	1280	40.23subdivision 1.
1281	1281	40.24 (b) (c) Compensation shall be subject to the conditions and exclusions set forth in
1282	1282	40.25subdivision 2.
1283	1283	40.26 (c) (d) The state shall provide compensation for bodily injury, property damage, or
1284	1284	40.27personal injury resulting from the foster home providers activities as a foster home provider
1285	1285	40.28while the foster child or adult is in the care, custody, and control of the foster home provider
1286	1286	40.29in an amount not to exceed $250,000 for each occurrence.
1287	1287	40.30 (d) (e) The state shall provide compensation for damage or destruction of property caused
1288	1288	40.31or sustained by a foster child or adult in an amount not to exceed $250 for each occurrence.
1289	1289	40Sec. 47.
1290	1290	25-02045 as introduced02/11/25 REVISOR DTT/LN 41.1 (e) (f) The compensation in paragraphs (c) and (d) and (e) is the total obligation for all
1291	1291	41.2damages because of each occurrence regardless of the number of claims made in connection
1292	1292	41.3with the same occurrence, but compensation applies separately to each foster home. The
1293	1293	41.4state shall have no other responsibility to provide compensation for any injury or loss caused
1294	1294	41.5or sustained by any foster home provider or foster child or foster adult.
1295	1295	41.6 (g) This coverage is extended as a benefit to foster home providers to encourage care
1296	1296	41.7of persons who need out-of-home the providers' care. Nothing in this section shall be
1297	1297	41.8construed to mean that foster home providers are agents or employees of the state nor does
1298	1298	41.9the state accept any responsibility for the selection, monitoring, supervision, or control of
1299	1299	41.10foster home providers which is exclusively the responsibility of the counties which shall
1300	1300	41.11regulate foster home providers in the manner set forth in the rules of the commissioner of
1301	1301	41.12human services.
1302	1302	41.13Sec. 48. Minnesota Statutes 2024, section 245.826, is amended to read:
1303	1303	41.14 245.826 USE OF RESTRICTIVE TECHNIQUES AND PROCEDURES IN
1304	1304	41.15FACILITIES SERVING EMOTIONALLY DISTURBED CHILDREN WITH
1305	1305	41.16MENTAL ILLNESSES.
1306	1306	41.17 When amending rules governing facilities serving emotionally disturbed children with
1307	1307	41.18mental illnesses that are licensed under section 245A.09 and Minnesota Rules, parts
1308	1308	41.192960.0510 to 2960.0530 and 2960.0580 to 2960.0700, the commissioner of human services
1309	1309	41.20shall include provisions governing the use of restrictive techniques and procedures. No
1310	1310	41.21provision of these rules may encourage or require the use of restrictive techniques and
1311	1311	41.22procedures. The rules must prohibit: (1) the application of certain restrictive techniques or
1312	1312	41.23procedures in facilities, except as authorized in the child's case plan and monitored by the
1313	1313	41.24county caseworker responsible for the child; (2) the use of restrictive techniques or procedures
1314	1314	41.25that restrict the clients' normal access to nutritious diet, drinking water, adequate ventilation,
1315	1315	41.26necessary medical care, ordinary hygiene facilities, normal sleeping conditions, and necessary
1316	1316	41.27clothing; and (3) the use of corporal punishment. The rule may specify other restrictive
1317	1317	41.28techniques and procedures and the specific conditions under which permitted techniques
1318	1318	41.29and procedures are to be carried out.
1319	1319	41.30Sec. 49. Minnesota Statutes 2024, section 245.91, subdivision 2, is amended to read:
1320	1320	41.31 Subd. 2.Agency."Agency" means the divisions, officials, or employees of the state
1321	1321	41.32Departments of Human Services, Direct Care and Treatment, Health, and Education, and
1322	1322	41.33of local school districts and designated county social service agencies as defined in section
1323	1323	41Sec. 49.
1324	1324	25-02045 as introduced02/11/25 REVISOR DTT/LN 42.1256G.02, subdivision 7, that are engaged in monitoring, providing, or regulating services
1325	1325	42.2or treatment for mental illness, developmental disability, or substance use disorder, or
1326	1326	42.3emotional disturbance.
1327	1327	42.4 Sec. 50. Minnesota Statutes 2024, section 245.91, subdivision 4, is amended to read:
1328	1328	42.5 Subd. 4.Facility or program."Facility" or "program" means a nonresidential or
1329	1329	42.6residential program as defined in section 245A.02, subdivisions 10 and 14, and any agency,
1330	1330	42.7facility, or program that provides services or treatment for mental illness, developmental
1331	1331	42.8disability, or substance use disorder, or emotional disturbance that is required to be licensed,
1332	1332	42.9certified, or registered by the commissioner of human services, health, or education; a sober
1333	1333	42.10home as defined in section 254B.01, subdivision 11; peer recovery support services provided
1334	1334	42.11by a recovery community organization as defined in section 254B.01, subdivision 8; and
1335	1335	42.12an acute care inpatient facility that provides services or treatment for mental illness,
1336	1336	42.13developmental disability, or substance use disorder, or emotional disturbance.
1337	1337	42.14Sec. 51. Minnesota Statutes 2024, section 245.92, is amended to read:
1338	1338	42.15 245.92 OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS;
1339	1339	42.16FUNCTION.
1340	1340	42.17 The ombudsman for persons receiving services or treatment for mental illness,
1341	1341	42.18developmental disability, or substance use disorder, or emotional disturbance shall promote
1342	1342	42.19the highest attainable standards of treatment, competence, efficiency, and justice. The
1343	1343	42.20ombudsman may gather information and data about decisions, acts, and other matters of an
1344	1344	42.21agency, facility, or program, and shall monitor the treatment of individuals participating in
1345	1345	42.22a University of Minnesota Department of Psychiatry clinical drug trial. The ombudsman is
1346	1346	42.23appointed by the governor, serves in the unclassified service, and may be removed only for
1347	1347	42.24just cause. The ombudsman must be selected without regard to political affiliation and must
1348	1348	42.25be a person who has knowledge and experience concerning the treatment, needs, and rights
1349	1349	42.26of clients, and who is highly competent and qualified. No person may serve as ombudsman
1350	1350	42.27while holding another public office.
1351	1351	42.28Sec. 52. Minnesota Statutes 2024, section 245.94, subdivision 1, is amended to read:
1352	1352	42.29 Subdivision 1.Powers.(a) The ombudsman may prescribe the methods by which
1353	1353	42.30complaints to the office are to be made, reviewed, and acted upon. The ombudsman may
1354	1354	42.31not levy a complaint fee.
1355	1355	42Sec. 52.
1356	1356	25-02045 as introduced02/11/25 REVISOR DTT/LN 43.1 (b) The ombudsman is a health oversight agency as defined in Code of Federal
1357	1357	43.2Regulations, title 45, section 164.501. The ombudsman may access patient records according
1358	1358	43.3to Code of Federal Regulations, title 42, section 2.53. For purposes of this paragraph,
1359	1359	43.4"records" has the meaning given in Code of Federal Regulations, title 42, section
1360	1360	43.52.53(a)(1)(i).
1361	1361	43.6 (c) The ombudsman may mediate or advocate on behalf of a client.
1362	1362	43.7 (d) The ombudsman may investigate the quality of services provided to clients and
1363	1363	43.8determine the extent to which quality assurance mechanisms within state and county
1364	1364	43.9government work to promote the health, safety, and welfare of clients.
1365	1365	43.10 (e) At the request of a client, or upon receiving a complaint or other information affording
1366	1366	43.11reasonable grounds to believe that the rights of one or more clients who may not be capable
1367	1367	43.12of requesting assistance have been adversely affected, the ombudsman may gather
1368	1368	43.13information and data about and analyze, on behalf of the client, the actions of an agency,
1369	1369	43.14facility, or program.
1370	1370	43.15 (f) The ombudsman may gather, on behalf of one or more clients, records of an agency,
1371	1371	43.16facility, or program, or records related to clinical drug trials from the University of Minnesota
1372	1372	43.17Department of Psychiatry, if the records relate to a matter that is within the scope of the
1373	1373	43.18ombudsman's authority. If the records are private and the client is capable of providing
1374	1374	43.19consent, the ombudsman shall first obtain the client's consent. The ombudsman is not
1375	1375	43.20required to obtain consent for access to private data on clients with developmental disabilities
1376	1376	43.21and individuals served by the Minnesota Sex Offender Program. The ombudsman may also
1377	1377	43.22take photographic or videographic evidence while reviewing the actions of an agency,
1378	1378	43.23facility, or program, with the consent of the client. The ombudsman is not required to obtain
1379	1379	43.24consent for access to private data on decedents who were receiving services for mental
1380	1380	43.25illness, developmental disability, or substance use disorder, or emotional disturbance. All
1381	1381	43.26data collected, created, received, or maintained by the ombudsman are governed by chapter
1382	1382	43.2713 and other applicable law.
1383	1383	43.28 (g) Notwithstanding any law to the contrary, the ombudsman may subpoena a person
1384	1384	43.29to appear, give testimony, or produce documents or other evidence that the ombudsman
1385	1385	43.30considers relevant to a matter under inquiry. The ombudsman may petition the appropriate
1386	1386	43.31court in Ramsey County to enforce the subpoena. A witness who is at a hearing or is part
1387	1387	43.32of an investigation possesses the same privileges that a witness possesses in the courts or
1388	1388	43.33under the law of this state. Data obtained from a person under this paragraph are private
1389	1389	43.34data as defined in section 13.02, subdivision 12.
1390	1390	43Sec. 52.
1391	1391	25-02045 as introduced02/11/25 REVISOR DTT/LN 44.1 (h) The ombudsman may, at reasonable times in the course of conducting a review, enter
1392	1392	44.2and view premises within the control of an agency, facility, or program.
1393	1393	44.3 (i) The ombudsman may attend Direct Care and Treatment Review Board and Special
1394	1394	44.4Review Board proceedings; proceedings regarding the transfer of clients, as defined in
1395	1395	44.5section 246.50, subdivision 4, between institutions operated by the Direct Care and Treatment
1396	1396	44.6executive board; and, subject to the consent of the affected client, other proceedings affecting
1397	1397	44.7the rights of clients. The ombudsman is not required to obtain consent to attend meetings
1398	1398	44.8or proceedings and have access to private data on clients with developmental disabilities
1399	1399	44.9and individuals served by the Minnesota Sex Offender Program.
1400	1400	44.10 (j) The ombudsman shall gather data of agencies, facilities, or programs classified as
1401	1401	44.11private or confidential as defined in section 13.02, subdivisions 3 and 12, regarding services
1402	1402	44.12provided to clients with developmental disabilities and individuals served by the Minnesota
1403	1403	44.13Sex Offender Program.
1404	1404	44.14 (k) To avoid duplication and preserve evidence, the ombudsman shall inform relevant
1405	1405	44.15licensing or regulatory officials before undertaking a review of an action of the facility or
1406	1406	44.16program.
1407	1407	44.17 (l) The Office of Ombudsman shall provide the services of the Civil Commitment
1408	1408	44.18Training and Resource Center.
1409	1409	44.19 (m) The ombudsman shall monitor the treatment of individuals participating in a
1410	1410	44.20University of Minnesota Department of Psychiatry clinical drug trial and ensure that all
1411	1411	44.21protections for human subjects required by federal law and the Institutional Review Board
1412	1412	44.22are provided.
1413	1413	44.23 (n) Sections 245.91 to 245.97 are in addition to other provisions of law under which any
1414	1414	44.24other remedy or right is provided.
1415	1415	44.25Sec. 53. Minnesota Statutes 2024, section 245A.03, subdivision 2, is amended to read:
1416	1416	44.26 Subd. 2.Exclusion from licensure.(a) This chapter does not apply to:
1417	1417	44.27 (1) residential or nonresidential programs that are provided to a person by an individual
1418	1418	44.28who is related;
1419	1419	44.29 (2) nonresidential programs that are provided by an unrelated individual to persons from
1420	1420	44.30a single related family;
1421	1421	44Sec. 53.
1422	1422	25-02045 as introduced02/11/25 REVISOR DTT/LN 45.1 (3) residential or nonresidential programs that are provided to adults who do not misuse
1423	1423	45.2substances or have a substance use disorder, a mental illness, a developmental disability, a
1424	1424	45.3functional impairment, or a physical disability;
1425	1425	45.4 (4) sheltered workshops or work activity programs that are certified by the commissioner
1426	1426	45.5of employment and economic development;
1427	1427	45.6 (5) programs operated by a public school for children 33 months or older;
1428	1428	45.7 (6) nonresidential programs primarily for children that provide care or supervision for
1429	1429	45.8periods of less than three hours a day while the child's parent or legal guardian is in the
1430	1430	45.9same building as the nonresidential program or present within another building that is
1431	1431	45.10directly contiguous to the building in which the nonresidential program is located;
1432	1432	45.11 (7) nursing homes or hospitals licensed by the commissioner of health except as specified
1433	1433	45.12under section 245A.02;
1434	1434	45.13 (8) board and lodge facilities licensed by the commissioner of health that do not provide
1435	1435	45.14children's residential services under Minnesota Rules, chapter 2960, mental health or
1436	1436	45.15substance use disorder treatment;
1437	1437	45.16 (9) programs licensed by the commissioner of corrections;
1438	1438	45.17 (10) recreation programs for children or adults that are operated or approved by a park
1439	1439	45.18and recreation board whose primary purpose is to provide social and recreational activities;
1440	1440	45.19 (11) noncertified boarding care homes unless they provide services for five or more
1441	1441	45.20persons whose primary diagnosis is mental illness or a developmental disability;
1442	1442	45.21 (12) programs for children such as scouting, boys clubs, girls clubs, and sports and art
1443	1443	45.22programs, and nonresidential programs for children provided for a cumulative total of less
1444	1444	45.23than 30 days in any 12-month period;
1445	1445	45.24 (13) residential programs for persons with mental illness, that are located in hospitals;
1446	1446	45.25 (14) camps licensed by the commissioner of health under Minnesota Rules, chapter
1447	1447	45.264630;
1448	1448	45.27 (15) mental health outpatient services for adults with mental illness or children with
1449	1449	45.28emotional disturbance mental illness;
1450	1450	45.29 (16) residential programs serving school-age children whose sole purpose is cultural or
1451	1451	45.30educational exchange, until the commissioner adopts appropriate rules;
1452	1452	45Sec. 53.
1453	1453	25-02045 as introduced02/11/25 REVISOR DTT/LN 46.1 (17) community support services programs as defined in section 245.462, subdivision
1454	1454	46.26, and family community support services as defined in section 245.4871, subdivision 17;
1455	1455	46.3 (18) assisted living facilities licensed by the commissioner of health under chapter 144G;
1456	1456	46.4 (19) substance use disorder treatment activities of licensed professionals in private
1457	1457	46.5practice as defined in section 245G.01, subdivision 17;
1458	1458	46.6 (20) consumer-directed community support service funded under the Medicaid waiver
1459	1459	46.7for persons with developmental disabilities when the individual who provided the service
1460	1460	46.8is:
1461	1461	46.9 (i) the same individual who is the direct payee of these specific waiver funds or paid by
1462	1462	46.10a fiscal agent, fiscal intermediary, or employer of record; and
1463	1463	46.11 (ii) not otherwise under the control of a residential or nonresidential program that is
1464	1464	46.12required to be licensed under this chapter when providing the service;
1465	1465	46.13 (21) a county that is an eligible vendor under section 254B.05 to provide care coordination
1466	1466	46.14and comprehensive assessment services;
1467	1467	46.15 (22) a recovery community organization that is an eligible vendor under section 254B.05
1468	1468	46.16to provide peer recovery support services; or
1469	1469	46.17 (23) programs licensed by the commissioner of children, youth, and families in chapter
1470	1470	46.18142B.
1471	1471	46.19 (b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
1472	1472	46.20building in which a nonresidential program is located if it shares a common wall with the
1473	1473	46.21building in which the nonresidential program is located or is attached to that building by
1474	1474	46.22skyway, tunnel, atrium, or common roof.
1475	1475	46.23 (c) Except for the home and community-based services identified in section 245D.03,
1476	1476	46.24subdivision 1, nothing in this chapter shall be construed to require licensure for any services
1477	1477	46.25provided and funded according to an approved federal waiver plan where licensure is
1478	1478	46.26specifically identified as not being a condition for the services and funding.
1479	1479	46.27Sec. 54. Minnesota Statutes 2024, section 245A.26, subdivision 1, is amended to read:
1480	1480	46.28 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this
1481	1481	46.29subdivision have the meanings given.
1482	1482	46.30 (b) "Clinical trainee" means a staff person who is qualified under section 245I.04,
1483	1483	46.31subdivision 6.
1484	1484	46Sec. 54.
1485	1485	25-02045 as introduced02/11/25 REVISOR DTT/LN 47.1 (c) "License holder" means an individual, organization, or government entity that was
1486	1486	47.2issued a license by the commissioner of human services under this chapter for residential
1487	1487	47.3mental health treatment for children with emotional disturbance mental illness according
1488	1488	47.4to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to 2960.0700, or shelter
1489	1489	47.5care services according to Minnesota Rules, parts 2960.0010 to 2960.0120 and 2960.0510
1490	1490	47.6to 2960.0530.
1491	1491	47.7 (d) "Mental health professional" means an individual who is qualified under section
1492	1492	47.8245I.04, subdivision 2.
1493	1493	47.9 Sec. 55. Minnesota Statutes 2024, section 245A.26, subdivision 2, is amended to read:
1494	1494	47.10 Subd. 2.Scope and applicability.(a) This section establishes additional licensing
1495	1495	47.11requirements for a children's residential facility to provide children's residential crisis
1496	1496	47.12stabilization services to a client who is experiencing a mental health crisis and is in need of
1497	1497	47.13residential treatment services.
1498	1498	47.14 (b) A children's residential facility may provide residential crisis stabilization services
1499	1499	47.15only if the facility is licensed to provide:
1500	1500	47.16 (1) residential mental health treatment for children with emotional disturbance mental
1501	1501	47.17illness according to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to
1502	1502	47.182960.0700; or
1503	1503	47.19 (2) shelter care services according to Minnesota Rules, parts 2960.0010 to 2960.0120
1504	1504	47.20and 2960.0510 to 2960.0530.
1505	1505	47.21 (c) If a client receives residential crisis stabilization services for 35 days or fewer in a
1506	1506	47.22facility licensed according to paragraph (b), clause (1), the facility is not required to complete
1507	1507	47.23a diagnostic assessment or treatment plan under Minnesota Rules, part 2960.0180, subpart
1508	1508	47.242, and part 2960.0600.
1509	1509	47.25 (d) If a client receives residential crisis stabilization services for 35 days or fewer in a
1510	1510	47.26facility licensed according to paragraph (b), clause (2), the facility is not required to develop
1511	1511	47.27a plan for meeting the client's immediate needs under Minnesota Rules, part 2960.0520,
1512	1512	47.28subpart 3.
1513	1513	47.29Sec. 56. Minnesota Statutes 2024, section 245I.05, subdivision 3, is amended to read:
1514	1514	47.30 Subd. 3.Initial training.(a) A staff person must receive training about:
1515	1515	47.31 (1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and
1516	1516	47Sec. 56.
1517	1517	25-02045 as introduced02/11/25 REVISOR DTT/LN 48.1 (2) the maltreatment of minor reporting requirements and definitions in chapter 260E
1518	1518	48.2within 72 hours of first providing direct contact services to a client.
1519	1519	48.3 (b) Before providing direct contact services to a client, a staff person must receive training
1520	1520	48.4about:
1521	1521	48.5 (1) client rights and protections under section 245I.12;
1522	1522	48.6 (2) the Minnesota Health Records Act, including client confidentiality, family engagement
1523	1523	48.7under section 144.294, and client privacy;
1524	1524	48.8 (3) emergency procedures that the staff person must follow when responding to a fire,
1525	1525	48.9inclement weather, a report of a missing person, and a behavioral or medical emergency;
1526	1526	48.10 (4) specific activities and job functions for which the staff person is responsible, including
1527	1527	48.11the license holder's program policies and procedures applicable to the staff person's position;
1528	1528	48.12 (5) professional boundaries that the staff person must maintain; and
1529	1529	48.13 (6) specific needs of each client to whom the staff person will be providing direct contact
1530	1530	48.14services, including each client's developmental status, cognitive functioning, and physical
1531	1531	48.15and mental abilities.
1532	1532	48.16 (c) Before providing direct contact services to a client, a mental health rehabilitation
1533	1533	48.17worker, mental health behavioral aide, or mental health practitioner required to receive the
1534	1534	48.18training according to section 245I.04, subdivision 4, must receive 30 hours of training about:
1535	1535	48.19 (1) mental illnesses;
1536	1536	48.20 (2) client recovery and resiliency;
1537	1537	48.21 (3) mental health de-escalation techniques;
1538	1538	48.22 (4) co-occurring mental illness and substance use disorders; and
1539	1539	48.23 (5) psychotropic medications and medication side effects, including tardive dyskinesia.
1540	1540	48.24 (d) Within 90 days of first providing direct contact services to an adult client, mental
1541	1541	48.25health practitioner, mental health certified peer specialist, or mental health rehabilitation
1542	1542	48.26worker must receive training about:
1543	1543	48.27 (1) trauma-informed care and secondary trauma;
1544	1544	48.28 (2) person-centered individual treatment plans, including seeking partnerships with
1545	1545	48.29family and other natural supports;
1546	1546	48.30 (3) co-occurring substance use disorders; and
1547	1547	48Sec. 56.
1548	1548	25-02045 as introduced02/11/25 REVISOR DTT/LN 49.1 (4) culturally responsive treatment practices.
1549	1549	49.2 (e) Within 90 days of first providing direct contact services to a child client, mental
1550	1550	49.3health practitioner, mental health certified family peer specialist, mental health certified
1551	1551	49.4peer specialist, or mental health behavioral aide must receive training about the topics in
1552	1552	49.5clauses (1) to (5). This training must address the developmental characteristics of each child
1553	1553	49.6served by the license holder and address the needs of each child in the context of the child's
1554	1554	49.7family, support system, and culture. Training topics must include:
1555	1555	49.8 (1) trauma-informed care and secondary trauma, including adverse childhood experiences
1556	1556	49.9(ACEs);
1557	1557	49.10 (2) family-centered treatment plan development, including seeking partnership with a
1558	1558	49.11child client's family and other natural supports;
1559	1559	49.12 (3) mental illness and co-occurring substance use disorders in family systems;
1560	1560	49.13 (4) culturally responsive treatment practices; and
1561	1561	49.14 (5) child development, including cognitive functioning, and physical and mental abilities.
1562	1562	49.15 (f) For a mental health behavioral aide, the training under paragraph (e) must include
1563	1563	49.16parent team training using a curriculum approved by the commissioner.
1564	1564	49.17Sec. 57. Minnesota Statutes 2024, section 245I.05, subdivision 5, is amended to read:
1565	1565	49.18 Subd. 5.Additional training for medication administration.(a) Prior to administering
1566	1566	49.19medications to a client under delegated authority or observing a client self-administer
1567	1567	49.20medications, a staff person who is not a licensed prescriber, registered nurse, or licensed
1568	1568	49.21practical nurse qualified under section 148.171, subdivision 8, must receive training about
1569	1569	49.22psychotropic medications, side effects including tardive dyskinesia, and medication
1570	1570	49.23management.
1571	1571	49.24 (b) Prior to administering medications to a client under delegated authority, a staff person
1572	1572	49.25must successfully complete a:
1573	1573	49.26 (1) medication administration training program for unlicensed personnel through an
1574	1574	49.27accredited Minnesota postsecondary educational institution with completion of the course
1575	1575	49.28documented in writing and placed in the staff person's personnel file; or
1576	1576	49.29 (2) formalized training program taught by a registered nurse or licensed prescriber that
1577	1577	49.30is offered by the license holder. A staff person's successful completion of the formalized
1578	1578	49.31training program must include direct observation of the staff person to determine the staff
1579	1579	49.32person's areas of competency.
1580	1580	49Sec. 57.
1581	1581	25-02045 as introduced02/11/25 REVISOR DTT/LN 50.1 Sec. 58. Minnesota Statutes 2024, section 245I.11, subdivision 5, is amended to read:
1582	1582	50.2 Subd. 5.Medication administration in residential programs.If a license holder is
1583	1583	50.3licensed as a residential program, the license holder must:
1584	1584	50.4 (1) assess and document each client's ability to self-administer medication. In the
1585	1585	50.5assessment, the license holder must evaluate the client's ability to: (i) comply with prescribed
1586	1586	50.6medication regimens; and (ii) store the client's medications safely and in a manner that
1587	1587	50.7protects other individuals in the facility. Through the assessment process, the license holder
1588	1588	50.8must assist the client in developing the skills necessary to safely self-administer medication;
1589	1589	50.9 (2) monitor the effectiveness of medications, side effects of medications, and adverse
1590	1590	50.10reactions to medications, including symptoms and signs of tardive dyskinesia, for each
1591	1591	50.11client. The license holder must address and document any concerns about a client's
1592	1592	50.12medications;
1593	1593	50.13 (3) ensure that no staff person or client gives a legend drug supply for one client to
1594	1594	50.14another client;
1595	1595	50.15 (4) have policies and procedures for: (i) keeping a record of each client's medication
1596	1596	50.16orders; (ii) keeping a record of any incident of deferring a client's medications; (iii)
1597	1597	50.17documenting any incident when a client's medication is omitted; and (iv) documenting when
1598	1598	50.18a client refuses to take medications as prescribed; and
1599	1599	50.19 (5) document and track medication errors, document whether the license holder notified
1600	1600	50.20anyone about the medication error, determine if the license holder must take any follow-up
1601	1601	50.21actions, and identify the staff persons who are responsible for taking follow-up actions.
1602	1602	50.22Sec. 59. Minnesota Statutes 2024, section 246C.12, subdivision 4, is amended to read:
1603	1603	50.23 Subd. 4.Staff safety training.The executive board shall require all staff in mental
1604	1604	50.24health and support units at regional treatment centers who have contact with persons children
1605	1605	50.25or adults with mental illness or severe emotional disturbance to be appropriately trained in
1606	1606	50.26violence reduction and violence prevention and shall establish criteria for such training.
1607	1607	50.27Training programs shall be developed with input from consumer advocacy organizations
1608	1608	50.28and shall employ violence prevention techniques as preferable to physical interaction.
1609	1609	50.29Sec. 60. Minnesota Statutes 2024, section 252.27, subdivision 1, is amended to read:
1610	1610	50.30 Subdivision 1.County of financial responsibility.Whenever any child who has a
1611	1611	50.31developmental disability, or a physical disability or emotional disturbance mental illness is
1612	1612	50.32in 24-hour care outside the home including respite care, in a facility licensed by the
1613	1613	50Sec. 60.
1614	1614	25-02045 as introduced02/11/25 REVISOR DTT/LN 51.1commissioner of human services, the cost of services shall be paid by the county of financial
1615	1615	51.2responsibility determined pursuant to chapter 256G. If the child's parents or guardians do
1616	1616	51.3not reside in this state, the cost shall be paid by the responsible governmental agency in the
1617	1617	51.4state from which the child came, by the parents or guardians of the child if they are financially
1618	1618	51.5able, or, if no other payment source is available, by the commissioner of human services.
1619	1619	51.6 Sec. 61. Minnesota Statutes 2024, section 256B.02, subdivision 11, is amended to read:
1620	1620	51.7 Subd. 11.Related condition."Related condition" means a condition:
1621	1621	51.8 (1) that is found to be closely related to a developmental disability, including but not
1622	1622	51.9limited to cerebral palsy, epilepsy, autism, fetal alcohol spectrum disorder, and Prader-Willi
1623	1623	51.10syndrome; and
1624	1624	51.11 (2) that meets all of the following criteria:
1625	1625	51.12 (i) is severe and chronic;
1626	1626	51.13 (ii) results in impairment of general intellectual functioning or adaptive behavior similar
1627	1627	51.14to that of persons with developmental disabilities;
1628	1628	51.15 (iii) requires treatment or services similar to those required for persons with
1629	1629	51.16developmental disabilities;
1630	1630	51.17 (iv) is manifested before the person reaches 22 years of age;
1631	1631	51.18 (v) is likely to continue indefinitely;
1632	1632	51.19 (vi) results in substantial functional limitations in three or more of the following areas
1633	1633	51.20of major life activity:
1634	1634	51.21 (A) self-care;
1635	1635	51.22 (B) understanding and use of language;
1636	1636	51.23 (C) learning;
1637	1637	51.24 (D) mobility;
1638	1638	51.25 (E) self-direction; or
1639	1639	51.26 (F) capacity for independent living; and
1640	1640	51.27 (vii) is not attributable to mental illness as defined in section 245.462, subdivision 20,
1641	1641	51.28or an emotional disturbance as defined in section 245.4871, subdivision 15. For purposes
1642	1642	51.29of this item, notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15,
1643	1643	51.30"mental illness" does not include autism or other pervasive developmental disorders.
1644	1644	51Sec. 61.
1645	1645	25-02045 as introduced02/11/25 REVISOR DTT/LN 52.1 Sec. 62. Minnesota Statutes 2024, section 256B.055, subdivision 12, is amended to read:
1646	1646	52.2 Subd. 12.Children with disabilities.(a) A person is eligible for medical assistance if
1647	1647	52.3the person is under age 19 and qualifies as a disabled individual under United States Code,
1648	1648	52.4title 42, section 1382c(a), and would be eligible for medical assistance under the state plan
1649	1649	52.5if residing in a medical institution, and the child requires a level of care provided in a hospital,
1650	1650	52.6nursing facility, or intermediate care facility for persons with developmental disabilities,
1651	1651	52.7for whom home care is appropriate, provided that the cost to medical assistance under this
1652	1652	52.8section is not more than the amount that medical assistance would pay for if the child resides
1653	1653	52.9in an institution. After the child is determined to be eligible under this section, the
1654	1654	52.10commissioner shall review the child's disability under United States Code, title 42, section
1655	1655	52.111382c(a) and level of care defined under this section no more often than annually and may
1656	1656	52.12elect, based on the recommendation of health care professionals under contract with the
1657	1657	52.13state medical review team, to extend the review of disability and level of care up to a
1658	1658	52.14maximum of four years. The commissioner's decision on the frequency of continuing review
1659	1659	52.15of disability and level of care is not subject to administrative appeal under section 256.045.
1660	1660	52.16The county agency shall send a notice of disability review to the enrollee six months prior
1661	1661	52.17to the date the recertification of disability is due. Nothing in this subdivision shall be
1662	1662	52.18construed as affecting other redeterminations of medical assistance eligibility under this
1663	1663	52.19chapter and annual cost-effective reviews under this section.
1664	1664	52.20 (b) For purposes of this subdivision, "hospital" means an institution as defined in section
1665	1665	52.21144.696, subdivision 3, 144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and
1666	1666	52.22licensed pursuant to sections 144.50 to 144.58. For purposes of this subdivision, a child
1667	1667	52.23requires a level of care provided in a hospital if the child is determined by the commissioner
1668	1668	52.24to need an extensive array of health services, including mental health services, for an
1669	1669	52.25undetermined period of time, whose health condition requires frequent monitoring and
1670	1670	52.26treatment by a health care professional or by a person supervised by a health care
1671	1671	52.27professional, who would reside in a hospital or require frequent hospitalization if these
1672	1672	52.28services were not provided, and the daily care needs are more complex than a nursing facility
1673	1673	52.29level of care.
1674	1674	52.30 A child with serious emotional disturbance mental illness requires a level of care provided
1675	1675	52.31in a hospital if the commissioner determines that the individual requires 24-hour supervision
1676	1676	52.32because the person exhibits recurrent or frequent suicidal or homicidal ideation or behavior,
1677	1677	52.33recurrent or frequent psychosomatic disorders or somatopsychic disorders that may become
1678	1678	52.34life threatening, recurrent or frequent severe socially unacceptable behavior associated with
1679	1679	52.35psychiatric disorder, ongoing and chronic psychosis or severe, ongoing and chronic
1680	1680	52Sec. 62.
1681	1681	25-02045 as introduced02/11/25 REVISOR DTT/LN 53.1developmental problems requiring continuous skilled observation, or severe disabling
1682	1682	53.2symptoms for which office-centered outpatient treatment is not adequate, and which overall
1683	1683	53.3severely impact the individual's ability to function.
1684	1684	53.4 (c) For purposes of this subdivision, "nursing facility" means a facility which provides
1685	1685	53.5nursing care as defined in section 144A.01, subdivision 5, licensed pursuant to sections
1686	1686	53.6144A.02 to 144A.10, which is appropriate if a person is in active restorative treatment; is
1687	1687	53.7in need of special treatments provided or supervised by a licensed nurse; or has unpredictable
1688	1688	53.8episodes of active disease processes requiring immediate judgment by a licensed nurse. For
1689	1689	53.9purposes of this subdivision, a child requires the level of care provided in a nursing facility
1690	1690	53.10if the child is determined by the commissioner to meet the requirements of the preadmission
1691	1691	53.11screening assessment document under section 256B.0911, adjusted to address age-appropriate
1692	1692	53.12standards for children age 18 and under.
1693	1693	53.13 (d) For purposes of this subdivision, "intermediate care facility for persons with
1694	1694	53.14developmental disabilities" or "ICF/DD" means a program licensed to provide services to
1695	1695	53.15persons with developmental disabilities under section 252.28, and chapter 245A, and a
1696	1696	53.16physical plant licensed as a supervised living facility under chapter 144, which together are
1697	1697	53.17certified by the Minnesota Department of Health as meeting the standards in Code of Federal
1698	1698	53.18Regulations, title 42, part 483, for an intermediate care facility which provides services for
1699	1699	53.19persons with developmental disabilities who require 24-hour supervision and active treatment
1700	1700	53.20for medical, behavioral, or habilitation needs. For purposes of this subdivision, a child
1701	1701	53.21requires a level of care provided in an ICF/DD if the commissioner finds that the child has
1702	1702	53.22a developmental disability in accordance with section 256B.092, is in need of a 24-hour
1703	1703	53.23plan of care and active treatment similar to persons with developmental disabilities, and
1704	1704	53.24there is a reasonable indication that the child will need ICF/DD services.
1705	1705	53.25 (e) For purposes of this subdivision, a person requires the level of care provided in a
1706	1706	53.26nursing facility if the person requires 24-hour monitoring or supervision and a plan of mental
1707	1707	53.27health treatment because of specific symptoms or functional impairments associated with
1708	1708	53.28a serious mental illness or disorder diagnosis, which meet severity criteria for mental health
1709	1709	53.29established by the commissioner and published in March 1997 as the Minnesota Mental
1710	1710	53.30Health Level of Care for Children and Adolescents with Severe Emotional Disorders.
1711	1711	53.31 (f) The determination of the level of care needed by the child shall be made by the
1712	1712	53.32commissioner based on information supplied to the commissioner by (1) the parent or
1713	1713	53.33guardian, (2) the child's physician or physicians, advanced practice registered nurse or
1714	1714	53.34advanced practice registered nurses, or physician assistant or physician assistants, and (3)
1715	1715	53Sec. 62.
1716	1716	25-02045 as introduced02/11/25 REVISOR DTT/LN 54.1other professionals as requested by the commissioner. The commissioner shall establish a
1717	1717	54.2screening team to conduct the level of care determinations according to this subdivision.
1718	1718	54.3 (g) If a child meets the conditions in paragraph (b), (c), (d), or (e), the commissioner
1719	1719	54.4must assess the case to determine whether:
1720	1720	54.5 (1) the child qualifies as a disabled individual under United States Code, title 42, section
1721	1721	54.61382c(a), and would be eligible for medical assistance if residing in a medical institution;
1722	1722	54.7and
1723	1723	54.8 (2) the cost of medical assistance services for the child, if eligible under this subdivision,
1724	1724	54.9would not be more than the cost to medical assistance if the child resides in a medical
1725	1725	54.10institution to be determined as follows:
1726	1726	54.11 (i) for a child who requires a level of care provided in an ICF/DD, the cost of care for
1727	1727	54.12the child in an institution shall be determined using the average payment rate established
1728	1728	54.13for the regional treatment centers that are certified as ICF's/DD;
1729	1729	54.14 (ii) for a child who requires a level of care provided in an inpatient hospital setting
1730	1730	54.15according to paragraph (b), cost-effectiveness shall be determined according to Minnesota
1731	1731	54.16Rules, part 9505.3520, items F and G; and
1732	1732	54.17 (iii) for a child who requires a level of care provided in a nursing facility according to
1733	1733	54.18paragraph (c) or (e), cost-effectiveness shall be determined according to Minnesota Rules,
1734	1734	54.19part 9505.3040, except that the nursing facility average rate shall be adjusted to reflect rates
1735	1735	54.20which would be paid for children under age 16. The commissioner may authorize an amount
1736	1736	54.21up to the amount medical assistance would pay for a child referred to the commissioner by
1737	1737	54.22the preadmission screening team under section 256B.0911.
1738	1738	54.23Sec. 63. Minnesota Statutes 2024, section 256B.0616, subdivision 1, is amended to read:
1739	1739	54.24 Subdivision 1.Scope.Medical assistance covers mental health certified family peer
1740	1740	54.25specialists services, as established in subdivision 2, subject to federal approval, if provided
1741	1741	54.26to recipients who have an emotional disturbance a mental illness or severe emotional
1742	1742	54.27disturbance serious mental illness under chapter 245, and are provided by a mental health
1743	1743	54.28certified family peer specialist who has completed the training under subdivision 5 and is
1744	1744	54.29qualified according to section 245I.04, subdivision 12. A family peer specialist cannot
1745	1745	54.30provide services to the peer specialist's family.
1746	1746	54Sec. 63.
1747	1747	25-02045 as introduced02/11/25 REVISOR DTT/LN 55.1 Sec. 64. Minnesota Statutes 2024, section 256B.0757, subdivision 2, is amended to read:
1748	1748	55.2 Subd. 2.Eligible individual.(a) The commissioner may elect to develop health home
1749	1749	55.3models in accordance with United States Code, title 42, section 1396w-4.
1750	1750	55.4 (b) An individual is eligible for health home services under this section if the individual
1751	1751	55.5is eligible for medical assistance under this chapter and has a condition that meets the
1752	1752	55.6definition of mental illness as described in section 245.462, subdivision 20, paragraph (a),
1753	1753	55.7or emotional disturbance as defined in section 245.4871, subdivision 15, clause (2). The
1754	1754	55.8commissioner shall establish criteria for determining continued eligibility.
1755	1755	55.9 Sec. 65. Minnesota Statutes 2024, section 256B.0943, subdivision 1, is amended to read:
1756	1756	55.10 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
1757	1757	55.11the meanings given them.
1758	1758	55.12 (b) "Children's therapeutic services and supports" means the flexible package of mental
1759	1759	55.13health services for children who require varying therapeutic and rehabilitative levels of
1760	1760	55.14intervention to treat a diagnosed emotional disturbance, as defined in section 245.4871,
1761	1761	55.15subdivision 15, or a diagnosed mental illness, as defined in section 245.462, subdivision
1762	1762	55.1620, or 245.4871, subdivision 15. The services are time-limited interventions that are delivered
1763	1763	55.17using various treatment modalities and combinations of services designed to reach treatment
1764	1764	55.18outcomes identified in the individual treatment plan.
1765	1765	55.19 (c) "Clinical trainee" means a staff person who is qualified according to section 245I.04,
1766	1766	55.20subdivision 6.
1767	1767	55.21 (d) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.
1768	1768	55.22 (e) "Culturally competent provider" means a provider who understands and can utilize
1769	1769	55.23to a client's benefit the client's culture when providing services to the client. A provider
1770	1770	55.24may be culturally competent because the provider is of the same cultural or ethnic group
1771	1771	55.25as the client or the provider has developed the knowledge and skills through training and
1772	1772	55.26experience to provide services to culturally diverse clients.
1773	1773	55.27 (f) "Day treatment program" for children means a site-based structured mental health
1774	1774	55.28program consisting of psychotherapy for three or more individuals and individual or group
1775	1775	55.29skills training provided by a team, under the treatment supervision of a mental health
1776	1776	55.30professional.
1777	1777	55.31 (g) "Direct service time" means the time that a mental health professional, clinical trainee,
1778	1778	55.32mental health practitioner, or mental health behavioral aide spends face-to-face with a client
1779	1779	55Sec. 65.
1780	1780	25-02045 as introduced02/11/25 REVISOR DTT/LN 56.1and the client's family or providing covered services through telehealth as defined under
1781	1781	56.2section 256B.0625, subdivision 3b. Direct service time includes time in which the provider
1782	1782	56.3obtains a client's history, develops a client's treatment plan, records individual treatment
1783	1783	56.4outcomes, or provides service components of children's therapeutic services and supports.
1784	1784	56.5Direct service time does not include time doing work before and after providing direct
1785	1785	56.6services, including scheduling or maintaining clinical records.
1786	1786	56.7 (h) "Direction of mental health behavioral aide" means the activities of a mental health
1787	1787	56.8professional, clinical trainee, or mental health practitioner in guiding the mental health
1788	1788	56.9behavioral aide in providing services to a client. The direction of a mental health behavioral
1789	1789	56.10aide must be based on the client's individual treatment plan and meet the requirements in
1790	1790	56.11subdivision 6, paragraph (b), clause (7).
1791	1791	56.12 (i) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15.
1792	1792	56.13 (j) (i) "Individual treatment plan" means the plan described in section 245I.10,
1793	1793	56.14subdivisions 7 and 8.
1794	1794	56.15 (k) (j) "Mental health behavioral aide services" means medically necessary one-on-one
1795	1795	56.16activities performed by a mental health behavioral aide qualified according to section
1796	1796	56.17245I.04, subdivision 16, to assist a child retain or generalize psychosocial skills as previously
1797	1797	56.18trained by a mental health professional, clinical trainee, or mental health practitioner and
1798	1798	56.19as described in the child's individual treatment plan and individual behavior plan. Activities
1799	1799	56.20involve working directly with the child or child's family as provided in subdivision 9,
1800	1800	56.21paragraph (b), clause (4).
1801	1801	56.22 (l) (k) "Mental health certified family peer specialist" means a staff person who is
1802	1802	56.23qualified according to section 245I.04, subdivision 12.
1803	1803	56.24 (m) (l) "Mental health practitioner" means a staff person who is qualified according to
1804	1804	56.25section 245I.04, subdivision 4.
1805	1805	56.26 (n) (m) "Mental health professional" means a staff person who is qualified according to
1806	1806	56.27section 245I.04, subdivision 2.
1807	1807	56.28 (o) (n) "Mental health service plan development" includes:
1808	1808	56.29 (1) development and revision of a child's individual treatment plan; and
1809	1809	56.30 (2) administering and reporting standardized outcome measurements approved by the
1810	1810	56.31commissioner, as periodically needed to evaluate the effectiveness of treatment.
1811	1811	56Sec. 65.
1812	1812	25-02045 as introduced02/11/25 REVISOR DTT/LN 57.1 (p) (o) "Mental illness," for persons at least age 18 but under age 21, has the meaning
1813	1813	57.2given in section 245.462, subdivision 20, paragraph (a), for persons at least age 18 but under
1814	1814	57.3age 21, and has the meaning given in section 245.4871, subdivision 15, for children.
1815	1815	57.4 (q) (p) "Psychotherapy" means the treatment described in section 256B.0671, subdivision
1816	1816	57.511.
1817	1817	57.6 (r) (q) "Rehabilitative services" or "psychiatric rehabilitation services" means
1818	1818	57.7interventions to: (1) restore a child or adolescent to an age-appropriate developmental
1819	1819	57.8trajectory that had been disrupted by a psychiatric illness; or (2) enable the child to
1820	1820	57.9self-monitor, compensate for, cope with, counteract, or replace psychosocial skills deficits
1821	1821	57.10or maladaptive skills acquired over the course of a psychiatric illness. Psychiatric
1822	1822	57.11rehabilitation services for children combine coordinated psychotherapy to address internal
1823	1823	57.12psychological, emotional, and intellectual processing deficits, and skills training to restore
1824	1824	57.13personal and social functioning. Psychiatric rehabilitation services establish a progressive
1825	1825	57.14series of goals with each achievement building upon a prior achievement.
1826	1826	57.15 (s) (r) "Skills training" means individual, family, or group training, delivered by or under
1827	1827	57.16the supervision of a mental health professional, designed to facilitate the acquisition of
1828	1828	57.17psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate
1829	1829	57.18developmental trajectory heretofore disrupted by a psychiatric illness or to enable the child
1830	1830	57.19to self-monitor, compensate for, cope with, counteract, or replace skills deficits or
1831	1831	57.20maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject
1832	1832	57.21to the service delivery requirements under subdivision 9, paragraph (b), clause (2).
1833	1833	57.22 (t) (s) "Standard diagnostic assessment" means the assessment described in section
1834	1834	57.23245I.10, subdivision 6.
1835	1835	57.24 (u) (t) "Treatment supervision" means the supervision described in section 245I.06.
1836	1836	57.25Sec. 66. Minnesota Statutes 2024, section 256B.0943, subdivision 3, is amended to read:
1837	1837	57.26 Subd. 3.Determination of client eligibility.(a) A client's eligibility to receive children's
1838	1838	57.27therapeutic services and supports under this section shall be determined based on a standard
1839	1839	57.28diagnostic assessment by a mental health professional or a clinical trainee that is performed
1840	1840	57.29within one year before the initial start of service and updated as required under section
1841	1841	57.30245I.10, subdivision 2. The standard diagnostic assessment must:
1842	1842	57.31 (1) determine whether a child under age 18 has a diagnosis of emotional disturbance
1843	1843	57.32mental illness or, if the person is between the ages of 18 and 21, whether the person has a
1844	1844	57.33mental illness;
1845	1845	57Sec. 66.
1846	1846	25-02045 as introduced02/11/25 REVISOR DTT/LN 58.1 (2) document children's therapeutic services and supports as medically necessary to
1847	1847	58.2address an identified disability, functional impairment, and the individual client's needs and
1848	1848	58.3goals; and
1849	1849	58.4 (3) be used in the development of the individual treatment plan.
1850	1850	58.5 (b) Notwithstanding paragraph (a), a client may be determined to be eligible for up to
1851	1851	58.6five days of day treatment under this section based on a hospital's medical history and
1852	1852	58.7presentation examination of the client.
1853	1853	58.8 (c) Children's therapeutic services and supports include development and rehabilitative
1854	1854	58.9services that support a child's developmental treatment needs.
1855	1855	58.10Sec. 67. Minnesota Statutes 2024, section 256B.0943, subdivision 9, is amended to read:
1856	1856	58.11 Subd. 9.Service delivery criteria.(a) In delivering services under this section, a certified
1857	1857	58.12provider entity must ensure that:
1858	1858	58.13 (1) the provider's caseload size should reasonably enable the provider to play an active
1859	1859	58.14role in service planning, monitoring, and delivering services to meet the client's and client's
1860	1860	58.15family's needs, as specified in each client's individual treatment plan;
1861	1861	58.16 (2) site-based programs, including day treatment programs, provide staffing and facilities
1862	1862	58.17to ensure the client's health, safety, and protection of rights, and that the programs are able
1863	1863	58.18to implement each client's individual treatment plan; and
1864	1864	58.19 (3) a day treatment program is provided to a group of clients by a team under the treatment
1865	1865	58.20supervision of a mental health professional. The day treatment program must be provided
1866	1866	58.21in and by: (i) an outpatient hospital accredited by the Joint Commission on Accreditation
1867	1867	58.22of Health Organizations and licensed under sections 144.50 to 144.55; (ii) a community
1868	1868	58.23mental health center under section 245.62; or (iii) an entity that is certified under subdivision
1869	1869	58.244 to operate a program that meets the requirements of section 245.4884, subdivision 2, and
1870	1870	58.25Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must stabilize
1871	1871	58.26the client's mental health status while developing and improving the client's independent
1872	1872	58.27living and socialization skills. The goal of the day treatment program must be to reduce or
1873	1873	58.28relieve the effects of mental illness and provide training to enable the client to live in the
1874	1874	58.29community. The remainder of the structured treatment program may include patient and/or
1875	1875	58.30family or group psychotherapy, and individual or group skills training, if included in the
1876	1876	58.31client's individual treatment plan. Day treatment programs are not part of inpatient or
1877	1877	58.32residential treatment services. When a day treatment group that meets the minimum group
1878	1878	58.33size requirement temporarily falls below the minimum group size because of a member's
1879	1879	58Sec. 67.
1880	1880	25-02045 as introduced02/11/25 REVISOR DTT/LN 59.1temporary absence, medical assistance covers a group session conducted for the group
1881	1881	59.2members in attendance. A day treatment program may provide fewer than the minimally
1882	1882	59.3required hours for a particular child during a billing period in which the child is transitioning
1883	1883	59.4into, or out of, the program.
1884	1884	59.5 (b) To be eligible for medical assistance payment, a provider entity must deliver the
1885	1885	59.6service components of children's therapeutic services and supports in compliance with the
1886	1886	59.7following requirements:
1887	1887	59.8 (1) psychotherapy to address the child's underlying mental health disorder must be
1888	1888	59.9documented as part of the child's ongoing treatment. A provider must deliver or arrange for
1889	1889	59.10medically necessary psychotherapy unless the child's parent or caregiver chooses not to
1890	1890	59.11receive it or the provider determines that psychotherapy is no longer medically necessary.
1891	1891	59.12When a provider determines that psychotherapy is no longer medically necessary, the
1892	1892	59.13provider must update required documentation, including but not limited to the individual
1893	1893	59.14treatment plan, the child's medical record, or other authorizations, to include the
1894	1894	59.15determination. When a provider determines that a child needs psychotherapy but
1895	1895	59.16psychotherapy cannot be delivered due to a shortage of licensed mental health professionals
1896	1896	59.17in the child's community, the provider must document the lack of access in the child's
1897	1897	59.18medical record;
1898	1898	59.19 (2) individual, family, or group skills training is subject to the following requirements:
1899	1899	59.20 (i) a mental health professional, clinical trainee, or mental health practitioner shall provide
1900	1900	59.21skills training;
1901	1901	59.22 (ii) skills training delivered to a child or the child's family must be targeted to the specific
1902	1902	59.23deficits or maladaptations of the child's mental health disorder and must be prescribed in
1903	1903	59.24the child's individual treatment plan;
1904	1904	59.25 (iii) group skills training may be provided to multiple recipients who, because of the
1905	1905	59.26nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from
1906	1906	59.27interaction in a group setting, which must be staffed as follows:
1907	1907	59.28 (A) one mental health professional, clinical trainee, or mental health practitioner must
1908	1908	59.29work with a group of three to eight clients; or
1909	1909	59.30 (B) any combination of two mental health professionals, clinical trainees, or mental
1910	1910	59.31health practitioners must work with a group of nine to 12 clients;
1911	1911	59Sec. 67.
1912	1912	25-02045 as introduced02/11/25 REVISOR DTT/LN 60.1 (iv) a mental health professional, clinical trainee, or mental health practitioner must have
1913	1913	60.2taught the psychosocial skill before a mental health behavioral aide may practice that skill
1914	1914	60.3with the client; and
1915	1915	60.4 (v) for group skills training, when a skills group that meets the minimum group size
1916	1916	60.5requirement temporarily falls below the minimum group size because of a group member's
1917	1917	60.6temporary absence, the provider may conduct the session for the group members in
1918	1918	60.7attendance;
1919	1919	60.8 (3) crisis planning to a child and family must include development of a written plan that
1920	1920	60.9anticipates the particular factors specific to the child that may precipitate a psychiatric crisis
1921	1921	60.10for the child in the near future. The written plan must document actions that the family
1922	1922	60.11should be prepared to take to resolve or stabilize a crisis, such as advance arrangements for
1923	1923	60.12direct intervention and support services to the child and the child's family. Crisis planning
1924	1924	60.13must include preparing resources designed to address abrupt or substantial changes in the
1925	1925	60.14functioning of the child or the child's family when sudden change in behavior or a loss of
1926	1926	60.15usual coping mechanisms is observed, or the child begins to present a danger to self or
1927	1927	60.16others;
1928	1928	60.17 (4) mental health behavioral aide services must be medically necessary treatment services,
1929	1929	60.18identified in the child's individual treatment plan.
1930	1930	60.19To be eligible for medical assistance payment, mental health behavioral aide services must
1931	1931	60.20be delivered to a child who has been diagnosed with an emotional disturbance or a mental
1932	1932	60.21illness, as provided in subdivision 1, paragraph (a). The mental health behavioral aide must
1933	1933	60.22document the delivery of services in written progress notes. Progress notes must reflect
1934	1934	60.23implementation of the treatment strategies, as performed by the mental health behavioral
1935	1935	60.24aide and the child's responses to the treatment strategies; and
1936	1936	60.25 (5) mental health service plan development must be performed in consultation with the
1937	1937	60.26child's family and, when appropriate, with other key participants in the child's life by the
1938	1938	60.27child's treating mental health professional or clinical trainee or by a mental health practitioner
1939	1939	60.28and approved by the treating mental health professional. Treatment plan drafting consists
1940	1940	60.29of development, review, and revision by face-to-face or electronic communication. The
1941	1941	60.30provider must document events, including the time spent with the family and other key
1942	1942	60.31participants in the child's life to approve the individual treatment plan. Medical assistance
1943	1943	60.32covers service plan development before completion of the child's individual treatment plan.
1944	1944	60.33Service plan development is covered only if a treatment plan is completed for the child. If
1945	1945	60Sec. 67.
1946	1946	25-02045 as introduced02/11/25 REVISOR DTT/LN 61.1upon review it is determined that a treatment plan was not completed for the child, the
1947	1947	61.2commissioner shall recover the payment for the service plan development.
1948	1948	61.3 Sec. 68. Minnesota Statutes 2024, section 256B.0943, subdivision 12, is amended to read:
1949	1949	61.4 Subd. 12.Excluded services.The following services are not eligible for medical
1950	1950	61.5assistance payment as children's therapeutic services and supports:
1951	1951	61.6 (1) service components of children's therapeutic services and supports simultaneously
1952	1952	61.7provided by more than one provider entity unless prior authorization is obtained;
1953	1953	61.8 (2) treatment by multiple providers within the same agency at the same clock time,
1954	1954	61.9unless one service is delivered to the child and the other service is delivered to the child's
1955	1955	61.10family or treatment team without the child present;
1956	1956	61.11 (3) children's therapeutic services and supports provided in violation of medical assistance
1957	1957	61.12policy in Minnesota Rules, part 9505.0220;
1958	1958	61.13 (4) mental health behavioral aide services provided by a personal care assistant who is
1959	1959	61.14not qualified as a mental health behavioral aide and employed by a certified children's
1960	1960	61.15therapeutic services and supports provider entity;
1961	1961	61.16 (5) service components of CTSS that are the responsibility of a residential or program
1962	1962	61.17license holder, including foster care providers under the terms of a service agreement or
1963	1963	61.18administrative rules governing licensure; and
1964	1964	61.19 (6) adjunctive activities that may be offered by a provider entity but are not otherwise
1965	1965	61.20covered by medical assistance, including:
1966	1966	61.21 (i) a service that is primarily recreation oriented or that is provided in a setting that is
1967	1967	61.22not medically supervised. This includes sports activities, exercise groups, activities such as
1968	1968	61.23craft hours, leisure time, social hours, meal or snack time, trips to community activities,
1969	1969	61.24and tours;
1970	1970	61.25 (ii) a social or educational service that does not have or cannot reasonably be expected
1971	1971	61.26to have a therapeutic outcome related to the client's emotional disturbance mental illness;
1972	1972	61.27 (iii) prevention or education programs provided to the community; and
1973	1973	61.28 (iv) treatment for clients with primary diagnoses of alcohol or other drug abuse.
1974	1974	61Sec. 68.
1975	1975	25-02045 as introduced02/11/25 REVISOR DTT/LN 62.1 Sec. 69. Minnesota Statutes 2024, section 256B.0943, subdivision 13, is amended to read:
1976	1976	62.2 Subd. 13.Exception to excluded services.Notwithstanding subdivision 12, up to 15
1977	1977	62.3hours of children's therapeutic services and supports provided within a six-month period to
1978	1978	62.4a child with severe emotional disturbance serious mental illness who is residing in a hospital;
1979	1979	62.5a residential treatment facility licensed under Minnesota Rules, parts 2960.0580 to 2960.0690;
1980	1980	62.6a psychiatric residential treatment facility under section 256B.0625, subdivision 45a; a
1981	1981	62.7regional treatment center; or other institutional group setting or who is participating in a
1982	1982	62.8program of partial hospitalization are eligible for medical assistance payment if part of the
1983	1983	62.9discharge plan.
1984	1984	62.10Sec. 70. Minnesota Statutes 2024, section 256B.0945, subdivision 1, is amended to read:
1985	1985	62.11 Subdivision 1.Residential services; provider qualifications.(a) Counties must arrange
1986	1986	62.12to provide residential services for children with severe emotional disturbance serious mental
1987	1987	62.13illness according to sections 245.4882, 245.4885, and this section.
1988	1988	62.14 (b) Services must be provided by a facility that is licensed according to section 245.4882
1989	1989	62.15and administrative rules promulgated thereunder, and under contract with the county.
1990	1990	62.16 (c) Eligible service costs may be claimed for a facility that is located in a state that
1991	1991	62.17borders Minnesota if:
1992	1992	62.18 (1) the facility is the closest facility to the child's home, providing the appropriate level
1993	1993	62.19of care; and
1994	1994	62.20 (2) the commissioner of human services has completed an inspection of the out-of-state
1995	1995	62.21program according to the interagency agreement with the commissioner of corrections under
1996	1996	62.22section 260B.198, subdivision 11, paragraph (b), and the program has been certified by the
1997	1997	62.23commissioner of corrections under section 260B.198, subdivision 11, paragraph (a), to
1998	1998	62.24substantially meet the standards applicable to children's residential mental health treatment
1999	1999	62.25programs under Minnesota Rules, chapter 2960. Nothing in this section requires the
2000	2000	62.26commissioner of human services to enforce the background study requirements under chapter
2001	2001	62.27245C or the requirements related to prevention and investigation of alleged maltreatment
2002	2002	62.28under section 626.557 or chapter 260E. Complaints received by the commissioner of human
2003	2003	62.29services must be referred to the out-of-state licensing authority for possible follow-up.
2004	2004	62.30 (d) Notwithstanding paragraph (b), eligible service costs may be claimed for an
2005	2005	62.31out-of-state inpatient treatment facility if:
2006	2006	62.32 (1) the facility specializes in providing mental health services to children who are deaf,
2007	2007	62.33deafblind, or hard-of-hearing and who use American Sign Language as their first language;
2008	2008	62Sec. 70.
2009	2009	25-02045 as introduced02/11/25 REVISOR DTT/LN 63.1 (2) the facility is licensed by the state in which it is located; and
2010	2010	63.2 (3) the state in which the facility is located is a member state of the Interstate Compact
2011	2011	63.3on Mental Health.
2012	2012	63.4 Sec. 71. Minnesota Statutes 2024, section 256B.0946, subdivision 6, is amended to read:
2013	2013	63.5 Subd. 6.Excluded services.(a) Services in clauses (1) to (7) are not covered under this
2014	2014	63.6section and are not eligible for medical assistance payment as components of children's
2015	2015	63.7intensive behavioral health services, but may be billed separately:
2016	2016	63.8 (1) inpatient psychiatric hospital treatment;
2017	2017	63.9 (2) mental health targeted case management;
2018	2018	63.10 (3) partial hospitalization;
2019	2019	63.11 (4) medication management;
2020	2020	63.12 (5) children's mental health day treatment services;
2021	2021	63.13 (6) crisis response services under section 256B.0624;
2022	2022	63.14 (7) transportation; and
2023	2023	63.15 (8) mental health certified family peer specialist services under section 256B.0616.
2024	2024	63.16 (b) Children receiving intensive behavioral health services are not eligible for medical
2025	2025	63.17assistance reimbursement for the following services while receiving children's intensive
2026	2026	63.18behavioral health services:
2027	2027	63.19 (1) psychotherapy and skills training components of children's therapeutic services and
2028	2028	63.20supports under section 256B.0943;
2029	2029	63.21 (2) mental health behavioral aide services as defined in section 256B.0943, subdivision
2030	2030	63.221, paragraph (l) (j);
2031	2031	63.23 (3) home and community-based waiver services;
2032	2032	63.24 (4) mental health residential treatment; and
2033	2033	63.25 (5) medical assistance room and board rate, as defined in section 256B.056, subdivision
2034	2034	63.265d.
2035	2035	63Sec. 71.
2036	2036	25-02045 as introduced02/11/25 REVISOR DTT/LN 64.1 Sec. 72. Minnesota Statutes 2024, section 256B.0947, subdivision 3a, is amended to read:
2037	2037	64.2 Subd. 3a.Required service components.(a) Intensive nonresidential rehabilitative
2038	2038	64.3mental health services, supports, and ancillary activities that are covered by a single daily
2039	2039	64.4rate per client must include the following, as needed by the individual client:
2040	2040	64.5 (1) individual, family, and group psychotherapy;
2041	2041	64.6 (2) individual, family, and group skills training, as defined in section 256B.0943,
2042	2042	64.7subdivision 1, paragraph (u) (r);
2043	2043	64.8 (3) crisis planning as defined in section 245.4871, subdivision 9a;
2044	2044	64.9 (4) medication management provided by a physician, an advanced practice registered
2045	2045	64.10nurse with certification in psychiatric and mental health care, or a physician assistant;
2046	2046	64.11 (5) mental health case management as provided in section 256B.0625, subdivision 20;
2047	2047	64.12 (6) medication education services as defined in this section;
2048	2048	64.13 (7) care coordination by a client-specific lead worker assigned by and responsible to the
2049	2049	64.14treatment team;
2050	2050	64.15 (8) psychoeducation of and consultation and coordination with the client's biological,
2051	2051	64.16adoptive, or foster family and, in the case of a youth living independently, the client's
2052	2052	64.17immediate nonfamilial support network;
2053	2053	64.18 (9) clinical consultation to a client's employer or school or to other service agencies or
2054	2054	64.19to the courts to assist in managing the mental illness or co-occurring disorder and to develop
2055	2055	64.20client support systems;
2056	2056	64.21 (10) coordination with, or performance of, crisis intervention and stabilization services
2057	2057	64.22as defined in section 256B.0624;
2058	2058	64.23 (11) transition services;
2059	2059	64.24 (12) co-occurring substance use disorder treatment as defined in section 245I.02,
2060	2060	64.25subdivision 11; and
2061	2061	64.26 (13) housing access support that assists clients to find, obtain, retain, and move to safe
2062	2062	64.27and adequate housing. Housing access support does not provide monetary assistance for
2063	2063	64.28rent, damage deposits, or application fees.
2064	2064	64.29 (b) The provider shall ensure and document the following by means of performing the
2065	2065	64.30required function or by contracting with a qualified person or entity: client access to crisis
2066	2066	64Sec. 72.
2067	2067	25-02045 as introduced02/11/25 REVISOR DTT/LN 65.1intervention services, as defined in section 256B.0624, and available 24 hours per day and
2068	2068	65.2seven days per week.
2069	2069	65.3 Sec. 73. Minnesota Statutes 2024, section 256B.69, subdivision 23, is amended to read:
2070	2070	65.4 Subd. 23.Alternative services; elderly persons and persons with a disability.(a) The
2071	2071	65.5commissioner may implement demonstration projects to create alternative integrated delivery
2072	2072	65.6systems for acute and long-term care services to elderly persons and persons with disabilities
2073	2073	65.7as defined in section 256B.77, subdivision 7a, that provide increased coordination, improve
2074	2074	65.8access to quality services, and mitigate future cost increases. The commissioner may seek
2075	2075	65.9federal authority to combine Medicare and Medicaid capitation payments for the purpose
2076	2076	65.10of such demonstrations and may contract with Medicare-approved special needs plans that
2077	2077	65.11are offered by a demonstration provider or by an entity that is directly or indirectly wholly
2078	2078	65.12owned or controlled by a demonstration provider to provide Medicaid services. Medicare
2079	2079	65.13funds and services shall be administered according to the terms and conditions of the federal
2080	2080	65.14contract and demonstration provisions. For the purpose of administering medical assistance
2081	2081	65.15funds, demonstrations under this subdivision are subject to subdivisions 1 to 22. The
2082	2082	65.16provisions of Minnesota Rules, parts 9500.1450 to 9500.1464, apply to these demonstrations,
2083	2083	65.17with the exceptions of parts 9500.1452, subpart 2, item B; and 9500.1457, subpart 1, items
2084	2084	65.18B and C, which do not apply to persons enrolling in demonstrations under this section. All
2085	2085	65.19enforcement and rulemaking powers available under chapters 62D, 62M, and 62Q are hereby
2086	2086	65.20granted to the commissioner of health with respect to Medicare-approved special needs
2087	2087	65.21plans with which the commissioner contracts to provide Medicaid services under this section.
2088	2088	65.22An initial open enrollment period may be provided. Persons who disenroll from
2089	2089	65.23demonstrations under this subdivision remain subject to Minnesota Rules, parts 9500.1450
2090	2090	65.24to 9500.1464. When a person is enrolled in a health plan under these demonstrations and
2091	2091	65.25the health plan's participation is subsequently terminated for any reason, the person shall
2092	2092	65.26be provided an opportunity to select a new health plan and shall have the right to change
2093	2093	65.27health plans within the first 60 days of enrollment in the second health plan. Persons required
2094	2094	65.28to participate in health plans under this section who fail to make a choice of health plan
2095	2095	65.29shall not be randomly assigned to health plans under these demonstrations. Notwithstanding
2096	2096	65.30section 256L.12, subdivision 5, and Minnesota Rules, part 9505.5220, subpart 1, item A,
2097	2097	65.31if adopted, for the purpose of demonstrations under this subdivision, the commissioner may
2098	2098	65.32contract with managed care organizations, including counties, to serve only elderly persons
2099	2099	65.33eligible for medical assistance, elderly persons with a disability, or persons with a disability
2100	2100	65.34only. For persons with a primary diagnosis of developmental disability, serious and persistent
2101	2101	65.35mental illness, or serious emotional disturbance mental illness in children, the commissioner
2102	2102	65Sec. 73.
2103	2103	25-02045 as introduced02/11/25 REVISOR DTT/LN 66.1must ensure that the county authority has approved the demonstration and contracting design.
2104	2104	66.2Enrollment in these projects for persons with disabilities shall be voluntary. The
2105	2105	66.3commissioner shall not implement any demonstration project under this subdivision for
2106	2106	66.4persons with a primary diagnosis of developmental disabilities, serious and persistent mental
2107	2107	66.5illness, or serious emotional disturbance, mental illness in children without approval of the
2108	2108	66.6county board of the county in which the demonstration is being implemented.
2109	2109	66.7 (b) MS 2009 Supplement [Expired, 2003 c 47 s 4; 2007 c 147 art 7 s 60]
2110	2110	66.8 (c) Before implementation of a demonstration project for persons with a disability, the
2111	2111	66.9commissioner must provide information to appropriate committees of the house of
2112	2112	66.10representatives and senate and must involve representatives of affected disability groups in
2113	2113	66.11the design of the demonstration projects.
2114	2114	66.12 (d) A nursing facility reimbursed under the alternative reimbursement methodology in
2115	2115	66.13section 256B.434 may, in collaboration with a hospital, clinic, or other health care entity
2116	2116	66.14provide services under paragraph (a). The commissioner shall amend the state plan and seek
2117	2117	66.15any federal waivers necessary to implement this paragraph.
2118	2118	66.16 (e) The commissioner, in consultation with the commissioners of commerce and health,
2119	2119	66.17may approve and implement programs for all-inclusive care for the elderly (PACE) according
2120	2120	66.18to federal laws and regulations governing that program and state laws or rules applicable
2121	2121	66.19to participating providers. A PACE provider is not required to be licensed or certified as a
2122	2122	66.20health plan company as defined in section 62Q.01, subdivision 4. Persons age 55 and older
2123	2123	66.21who have been screened by the county and found to be eligible for services under the elderly
2124	2124	66.22waiver or community access for disability inclusion or who are already eligible for Medicaid
2125	2125	66.23but meet level of care criteria for receipt of waiver services may choose to enroll in the
2126	2126	66.24PACE program. Medicare and Medicaid services will be provided according to this
2127	2127	66.25subdivision and federal Medicare and Medicaid requirements governing PACE providers
2128	2128	66.26and programs. PACE enrollees will receive Medicaid home and community-based services
2129	2129	66.27through the PACE provider as an alternative to services for which they would otherwise be
2130	2130	66.28eligible through home and community-based waiver programs and Medicaid State Plan
2131	2131	66.29Services. The commissioner shall establish Medicaid rates for PACE providers that do not
2132	2132	66.30exceed costs that would have been incurred under fee-for-service or other relevant managed
2133	2133	66.31care programs operated by the state.
2134	2134	66.32 (f) The commissioner shall seek federal approval to expand the Minnesota disability
2135	2135	66.33health options (MnDHO) program established under this subdivision in stages, first to
2136	2136	66.34regional population centers outside the seven-county metro area and then to all areas of the
2137	2137	66Sec. 73.
2138	2138	25-02045 as introduced02/11/25 REVISOR DTT/LN 67.1state. Until July 1, 2009, expansion for MnDHO projects that include home and
2139	2139	67.2community-based services is limited to the two projects and service areas in effect on March
2140	2140	67.31, 2006. Enrollment in integrated MnDHO programs that include home and community-based
2141	2141	67.4services shall remain voluntary. Costs for home and community-based services included
2142	2142	67.5under MnDHO must not exceed costs that would have been incurred under the fee-for-service
2143	2143	67.6program. Notwithstanding whether expansion occurs under this paragraph, in determining
2144	2144	67.7MnDHO payment rates and risk adjustment methods, the commissioner must consider the
2145	2145	67.8methods used to determine county allocations for home and community-based program
2146	2146	67.9participants. If necessary to reduce MnDHO rates to comply with the provision regarding
2147	2147	67.10MnDHO costs for home and community-based services, the commissioner shall achieve
2148	2148	67.11the reduction by maintaining the base rate for contract year 2010 for services provided under
2149	2149	67.12the community access for disability inclusion waiver at the same level as for contract year
2150	2150	67.132009. The commissioner may apply other reductions to MnDHO rates to implement decreases
2151	2151	67.14in provider payment rates required by state law. Effective January 1, 2011, enrollment and
2152	2152	67.15operation of the MnDHO program in effect during 2010 shall cease. The commissioner may
2153	2153	67.16reopen the program provided all applicable conditions of this section are met. In developing
2154	2154	67.17program specifications for expansion of integrated programs, the commissioner shall involve
2155	2155	67.18and consult the state-level stakeholder group established in subdivision 28, paragraph (d),
2156	2156	67.19including consultation on whether and how to include home and community-based waiver
2157	2157	67.20programs. Plans to reopen MnDHO projects shall be presented to the chairs of the house of
2158	2158	67.21representatives and senate committees with jurisdiction over health and human services
2159	2159	67.22policy and finance prior to implementation.
2160	2160	67.23 (g) Notwithstanding section 256B.0621, health plans providing services under this section
2161	2161	67.24are responsible for home care targeted case management and relocation targeted case
2162	2162	67.25management. Services must be provided according to the terms of the waivers and contracts
2163	2163	67.26approved by the federal government.
2164	2164	67.27Sec. 74. Minnesota Statutes 2024, section 256B.77, subdivision 7a, is amended to read:
2165	2165	67.28 Subd. 7a.Eligible individuals.(a) Persons are eligible for the demonstration project as
2166	2166	67.29provided in this subdivision.
2167	2167	67.30 (b) "Eligible individuals" means those persons living in the demonstration site who are
2168	2168	67.31eligible for medical assistance and are disabled based on a disability determination under
2169	2169	67.32section 256B.055, subdivisions 7 and 12, or who are eligible for medical assistance and
2170	2170	67.33have been diagnosed as having:
2171	2171	67.34 (1) serious and persistent mental illness as defined in section 245.462, subdivision 20;
2172	2172	67Sec. 74.
2173	2173	25-02045 as introduced02/11/25 REVISOR DTT/LN 68.1 (2) severe emotional disturbance serious mental illness as defined in section 245.4871,
2174	2174	68.2subdivision 6; or
2175	2175	68.3 (3) developmental disability, or being a person with a developmental disability as defined
2176	2176	68.4in section 252A.02, or a related condition as defined in section 256B.02, subdivision 11.
2177	2177	68.5Other individuals may be included at the option of the county authority based on agreement
2178	2178	68.6with the commissioner.
2179	2179	68.7 (c) Eligible individuals include individuals in excluded time status, as defined in chapter
2180	2180	68.8256G. Enrollees in excluded time at the time of enrollment shall remain in excluded time
2181	2181	68.9status as long as they live in the demonstration site and shall be eligible for 90 days after
2182	2182	68.10placement outside the demonstration site if they move to excluded time status in a county
2183	2183	68.11within Minnesota other than their county of financial responsibility.
2184	2184	68.12 (d) A person who is a sexual psychopathic personality as defined in section 253D.02,
2185	2185	68.13subdivision 15, or a sexually dangerous person as defined in section 253D.02, subdivision
2186	2186	68.1416, is excluded from enrollment in the demonstration project.
2187	2187	68.15Sec. 75. Minnesota Statutes 2024, section 260B.157, subdivision 3, is amended to read:
2188	2188	68.16 Subd. 3.Juvenile treatment screening team.(a) The local social services agency shall
2189	2189	68.17establish a juvenile treatment screening team to conduct screenings and prepare case plans
2190	2190	68.18under this subdivision. The team, which may be the team constituted under section 245.4885
2191	2191	68.19or 256B.092 or chapter 254B, shall consist of social workers, juvenile justice professionals,
2192	2192	68.20and persons with expertise in the treatment of juveniles who are emotionally disabled,
2193	2193	68.21chemically dependent, or have a developmental disability. The team shall involve parents
2194	2194	68.22or guardians in the screening process as appropriate. The team may be the same team as
2195	2195	68.23defined in section 260C.157, subdivision 3.
2196	2196	68.24 (b) If the court, prior to, or as part of, a final disposition, proposes to place a child:
2197	2197	68.25 (1) for the primary purpose of treatment for an emotional disturbance mental illness,
2198	2198	68.26and residential placement is consistent with section 260.012, a developmental disability, or
2199	2199	68.27chemical dependency in a residential treatment facility out of state or in one which is within
2200	2200	68.28the state and licensed by the commissioner of human services under chapter 245A; or
2201	2201	68.29 (2) in any out-of-home setting potentially exceeding 30 days in duration, including a
2202	2202	68.30post-dispositional placement in a facility licensed by the commissioner of corrections or
2203	2203	68.31human services, the court shall notify the county welfare agency. The county's juvenile
2204	2204	68.32treatment screening team must either:
2205	2205	68Sec. 75.
2206	2206	25-02045 as introduced02/11/25 REVISOR DTT/LN 69.1 (i) screen and evaluate the child and file its recommendations with the court within 14
2207	2207	69.2days of receipt of the notice; or
2208	2208	69.3 (ii) elect not to screen a given case, and notify the court of that decision within three
2209	2209	69.4working days.
2210	2210	69.5 (c) If the screening team has elected to screen and evaluate the child, the child may not
2211	2211	69.6be placed for the primary purpose of treatment for an emotional disturbance mental illness,
2212	2212	69.7a developmental disability, or chemical dependency, in a residential treatment facility out
2213	2213	69.8of state nor in a residential treatment facility within the state that is licensed under chapter
2214	2214	69.9245A, unless one of the following conditions applies:
2215	2215	69.10 (1) a treatment professional certifies that an emergency requires the placement of the
2216	2216	69.11child in a facility within the state;
2217	2217	69.12 (2) the screening team has evaluated the child and recommended that a residential
2218	2218	69.13placement is necessary to meet the child's treatment needs and the safety needs of the
2219	2219	69.14community, that it is a cost-effective means of meeting the treatment needs, and that it will
2220	2220	69.15be of therapeutic value to the child; or
2221	2221	69.16 (3) the court, having reviewed a screening team recommendation against placement,
2222	2222	69.17determines to the contrary that a residential placement is necessary. The court shall state
2223	2223	69.18the reasons for its determination in writing, on the record, and shall respond specifically to
2224	2224	69.19the findings and recommendation of the screening team in explaining why the
2225	2225	69.20recommendation was rejected. The attorney representing the child and the prosecuting
2226	2226	69.21attorney shall be afforded an opportunity to be heard on the matter.
2227	2227	69.22Sec. 76. Minnesota Statutes 2024, section 260C.007, subdivision 16, is amended to read:
2228	2228	69.23 Subd. 16.Emotionally disturbed Mental illness."Emotionally disturbed Mental illness"
2229	2229	69.24means emotional disturbance a mental illness as described in section 245.4871, subdivision
2230	2230	69.2515.
2231	2231	69.26Sec. 77. Minnesota Statutes 2024, section 260C.007, subdivision 26d, is amended to read:
2232	2232	69.27 Subd. 26d.Qualified residential treatment program."Qualified residential treatment
2233	2233	69.28program" means a children's residential treatment program licensed under chapter 245A or
2234	2234	69.29licensed or approved by a tribe that is approved to receive foster care maintenance payments
2235	2235	69.30under section 142A.418 that:
2236	2236	69.31 (1) has a trauma-informed treatment model designed to address the needs of children
2237	2237	69.32with serious emotional or behavioral disorders or disturbances or mental illnesses;
2238	2238	69Sec. 77.
2239	2239	25-02045 as introduced02/11/25 REVISOR DTT/LN 70.1 (2) has registered or licensed nursing staff and other licensed clinical staff who:
2240	2240	70.2 (i) provide care within the scope of their practice; and
2241	2241	70.3 (ii) are available 24 hours per day and seven days per week;
2242	2242	70.4 (3) is accredited by any of the following independent, nonprofit organizations: the
2243	2243	70.5Commission on Accreditation of Rehabilitation Facilities (CARF), the Joint Commission
2244	2244	70.6on Accreditation of Healthcare Organizations (JCAHO), and the Council on Accreditation
2245	2245	70.7(COA), or any other nonprofit accrediting organization approved by the United States
2246	2246	70.8Department of Health and Human Services;
2247	2247	70.9 (4) if it is in the child's best interests, facilitates participation of the child's family members
2248	2248	70.10in the child's treatment programming consistent with the child's out-of-home placement
2249	2249	70.11plan under sections 260C.212, subdivision 1, and 260C.708;
2250	2250	70.12 (5) facilitates outreach to family members of the child, including siblings;
2251	2251	70.13 (6) documents how the facility facilitates outreach to the child's parents and relatives,
2252	2252	70.14as well as documents the child's parents' and other relatives' contact information;
2253	2253	70.15 (7) documents how the facility includes family members in the child's treatment process,
2254	2254	70.16including after the child's discharge, and how the facility maintains the child's sibling
2255	2255	70.17connections; and
2256	2256	70.18 (8) provides the child and child's family with discharge planning and family-based
2257	2257	70.19aftercare support for at least six months after the child's discharge. Aftercare support may
2258	2258	70.20include clinical care consultation under section 256B.0671, subdivision 7, and mental health
2259	2259	70.21certified family peer specialist services under section 256B.0616.
2260	2260	70.22Sec. 78. Minnesota Statutes 2024, section 260C.007, subdivision 27b, is amended to read:
2261	2261	70.23 Subd. 27b.Residential treatment facility."Residential treatment facility" means a
2262	2262	70.2424-hour-a-day program that provides treatment for children with emotional disturbance
2263	2263	70.25mental illness, consistent with section 245.4871, subdivision 32, and includes a licensed
2264	2264	70.26residential program specializing in caring 24 hours a day for children with a developmental
2265	2265	70.27delay or related condition. A residential treatment facility does not include a psychiatric
2266	2266	70.28residential treatment facility under section 256B.0941 or a family foster home as defined
2267	2267	70.29in section 260C.007, subdivision 16b.
2268	2268	70Sec. 78.
2269	2269	25-02045 as introduced02/11/25 REVISOR DTT/LN 71.1 Sec. 79. Minnesota Statutes 2024, section 260C.157, subdivision 3, is amended to read:
2270	2270	71.2 Subd. 3.Juvenile treatment screening team.(a) The responsible social services agency
2271	2271	71.3shall establish a juvenile treatment screening team to conduct screenings under this chapter
2272	2272	71.4and chapter 260D, for a child to receive treatment for an emotional disturbance a mental
2273	2273	71.5illness, a developmental disability, or related condition in a residential treatment facility
2274	2274	71.6licensed by the commissioner of human services under chapter 245A, or licensed or approved
2275	2275	71.7by a tribe. A screening team is not required for a child to be in: (1) a residential facility
2276	2276	71.8specializing in prenatal, postpartum, or parenting support; (2) a facility specializing in
2277	2277	71.9high-quality residential care and supportive services to children and youth who have been
2278	2278	71.10or are at risk of becoming victims of sex trafficking or commercial sexual exploitation; (3)
2279	2279	71.11supervised settings for youth who are 18 years of age or older and living independently; or
2280	2280	71.12(4) a licensed residential family-based treatment facility for substance abuse consistent with
2281	2281	71.13section 260C.190. Screenings are also not required when a child must be placed in a facility
2282	2282	71.14due to an emotional crisis or other mental health emergency.
2283	2283	71.15 (b) The responsible social services agency shall conduct screenings within 15 days of a
2284	2284	71.16request for a screening, unless the screening is for the purpose of residential treatment and
2285	2285	71.17the child is enrolled in a prepaid health program under section 256B.69, in which case the
2286	2286	71.18agency shall conduct the screening within ten working days of a request. The responsible
2287	2287	71.19social services agency shall convene the juvenile treatment screening team, which may be
2288	2288	71.20constituted under section 245.4885, 254B.05, or 256B.092. The team shall consist of social
2289	2289	71.21workers; persons with expertise in the treatment of juveniles who are emotionally disturbed,
2290	2290	71.22chemically dependent, or have a developmental disability; and the child's parent, guardian,
2291	2291	71.23or permanent legal custodian. The team may include the child's relatives as defined in section
2292	2292	71.24260C.007, subdivisions 26b and 27, the child's foster care provider, and professionals who
2293	2293	71.25are a resource to the child's family such as teachers, medical or mental health providers,
2294	2294	71.26and clergy, as appropriate, consistent with the family and permanency team as defined in
2295	2295	71.27section 260C.007, subdivision 16a. Prior to forming the team, the responsible social services
2296	2296	71.28agency must consult with the child's parents, the child if the child is age 14 or older, and,
2297	2297	71.29if applicable, the child's tribe to obtain recommendations regarding which individuals to
2298	2298	71.30include on the team and to ensure that the team is family-centered and will act in the child's
2299	2299	71.31best interests. If the child, child's parents, or legal guardians raise concerns about specific
2300	2300	71.32relatives or professionals, the team should not include those individuals. This provision
2301	2301	71.33does not apply to paragraph (c).
2302	2302	71.34 (c) If the agency provides notice to tribes under section 260.761, and the child screened
2303	2303	71.35is an Indian child, the responsible social services agency must make a rigorous and concerted
2304	2304	71Sec. 79.
2305	2305	25-02045 as introduced02/11/25 REVISOR DTT/LN 72.1effort to include a designated representative of the Indian child's tribe on the juvenile
2306	2306	72.2treatment screening team, unless the child's tribal authority declines to appoint a
2307	2307	72.3representative. The Indian child's tribe may delegate its authority to represent the child to
2308	2308	72.4any other federally recognized Indian tribe, as defined in section 260.755, subdivision 12.
2309	2309	72.5The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections
2310	2310	72.61901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to
2311	2311	72.7260.835, apply to this section.
2312	2312	72.8 (d) If the court, prior to, or as part of, a final disposition or other court order, proposes
2313	2313	72.9to place a child with an emotional disturbance or a mental illness, developmental disability,
2314	2314	72.10or related condition in residential treatment, the responsible social services agency must
2315	2315	72.11conduct a screening. If the team recommends treating the child in a qualified residential
2316	2316	72.12treatment program, the agency must follow the requirements of sections 260C.70 to
2317	2317	72.13260C.714.
2318	2318	72.14 The court shall ascertain whether the child is an Indian child and shall notify the
2319	2319	72.15responsible social services agency and, if the child is an Indian child, shall notify the Indian
2320	2320	72.16child's tribe as paragraph (c) requires.
2321	2321	72.17 (e) When the responsible social services agency is responsible for placing and caring
2322	2322	72.18for the child and the screening team recommends placing a child in a qualified residential
2323	2323	72.19treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1)
2324	2324	72.20begin the assessment and processes required in section 260C.704 without delay; and (2)
2325	2325	72.21conduct a relative search according to section 260C.221 to assemble the child's family and
2326	2326	72.22permanency team under section 260C.706. Prior to notifying relatives regarding the family
2327	2327	72.23and permanency team, the responsible social services agency must consult with the child's
2328	2328	72.24parent or legal guardian, the child if the child is age 14 or older, and, if applicable, the child's
2329	2329	72.25tribe to ensure that the agency is providing notice to individuals who will act in the child's
2330	2330	72.26best interests. The child and the child's parents may identify a culturally competent qualified
2331	2331	72.27individual to complete the child's assessment. The agency shall make efforts to refer the
2332	2332	72.28assessment to the identified qualified individual. The assessment may not be delayed for
2333	2333	72.29the purpose of having the assessment completed by a specific qualified individual.
2334	2334	72.30 (f) When a screening team determines that a child does not need treatment in a qualified
2335	2335	72.31residential treatment program, the screening team must:
2336	2336	72.32 (1) document the services and supports that will prevent the child's foster care placement
2337	2337	72.33and will support the child remaining at home;
2338	2338	72Sec. 79.
2339	2339	25-02045 as introduced02/11/25 REVISOR DTT/LN 73.1 (2) document the services and supports that the agency will arrange to place the child
2340	2340	73.2in a family foster home; or
2341	2341	73.3 (3) document the services and supports that the agency has provided in any other setting.
2342	2342	73.4 (g) When the Indian child's tribe or tribal health care services provider or Indian Health
2343	2343	73.5Services provider proposes to place a child for the primary purpose of treatment for an
2344	2344	73.6emotional disturbance a mental illness, a developmental disability, or co-occurring emotional
2345	2345	73.7disturbance mental illness and chemical dependency, the Indian child's tribe or the tribe
2346	2346	73.8delegated by the child's tribe shall submit necessary documentation to the county juvenile
2347	2347	73.9treatment screening team, which must invite the Indian child's tribe to designate a
2348	2348	73.10representative to the screening team.
2349	2349	73.11 (h) The responsible social services agency must conduct and document the screening in
2350	2350	73.12a format approved by the commissioner of human services.
2351	2351	73.13Sec. 80. Minnesota Statutes 2024, section 260C.201, subdivision 1, is amended to read:
2352	2352	73.14 Subdivision 1.Dispositions.(a) If the court finds that the child is in need of protection
2353	2353	73.15or services or neglected and in foster care, the court shall enter an order making any of the
2354	2354	73.16following dispositions of the case:
2355	2355	73.17 (1) place the child under the protective supervision of the responsible social services
2356	2356	73.18agency or child-placing agency in the home of a parent of the child under conditions
2357	2357	73.19prescribed by the court directed to the correction of the child's need for protection or services:
2358	2358	73.20 (i) the court may order the child into the home of a parent who does not otherwise have
2359	2359	73.21legal custody of the child, however, an order under this section does not confer legal custody
2360	2360	73.22on that parent;
2361	2361	73.23 (ii) if the court orders the child into the home of a father who is not adjudicated, the
2362	2362	73.24father must cooperate with paternity establishment proceedings regarding the child in the
2363	2363	73.25appropriate jurisdiction as one of the conditions prescribed by the court for the child to
2364	2364	73.26continue in the father's home; and
2365	2365	73.27 (iii) the court may order the child into the home of a noncustodial parent with conditions
2366	2366	73.28and may also order both the noncustodial and the custodial parent to comply with the
2367	2367	73.29requirements of a case plan under subdivision 2; or
2368	2368	73.30 (2) transfer legal custody to one of the following:
2369	2369	73.31 (i) a child-placing agency; or
2370	2370	73Sec. 80.
2371	2371	25-02045 as introduced02/11/25 REVISOR DTT/LN 74.1 (ii) the responsible social services agency. In making a foster care placement of a child
2372	2372	74.2whose custody has been transferred under this subdivision, the agency shall make an
2373	2373	74.3individualized determination of how the placement is in the child's best interests using the
2374	2374	74.4placement consideration order for relatives and the best interest factors in section 260C.212,
2375	2375	74.5subdivision 2, and may include a child colocated with a parent in a licensed residential
2376	2376	74.6family-based substance use disorder treatment program under section 260C.190; or
2377	2377	74.7 (3) order a trial home visit without modifying the transfer of legal custody to the
2378	2378	74.8responsible social services agency under clause (2). Trial home visit means the child is
2379	2379	74.9returned to the care of the parent or guardian from whom the child was removed for a period
2380	2380	74.10not to exceed six months. During the period of the trial home visit, the responsible social
2381	2381	74.11services agency:
2382	2382	74.12 (i) shall continue to have legal custody of the child, which means that the agency may
2383	2383	74.13see the child in the parent's home, at school, in a child care facility, or other setting as the
2384	2384	74.14agency deems necessary and appropriate;
2385	2385	74.15 (ii) shall continue to have the ability to access information under section 260C.208;
2386	2386	74.16 (iii) shall continue to provide appropriate services to both the parent and the child during
2387	2387	74.17the period of the trial home visit;
2388	2388	74.18 (iv) without previous court order or authorization, may terminate the trial home visit in
2389	2389	74.19order to protect the child's health, safety, or welfare and may remove the child to foster care;
2390	2390	74.20 (v) shall advise the court and parties within three days of the termination of the trial
2391	2391	74.21home visit when a visit is terminated by the responsible social services agency without a
2392	2392	74.22court order; and
2393	2393	74.23 (vi) shall prepare a report for the court when the trial home visit is terminated whether
2394	2394	74.24by the agency or court order that describes the child's circumstances during the trial home
2395	2395	74.25visit and recommends appropriate orders, if any, for the court to enter to provide for the
2396	2396	74.26child's safety and stability. In the event a trial home visit is terminated by the agency by
2397	2397	74.27removing the child to foster care without prior court order or authorization, the court shall
2398	2398	74.28conduct a hearing within ten days of receiving notice of the termination of the trial home
2399	2399	74.29visit by the agency and shall order disposition under this subdivision or commence
2400	2400	74.30permanency proceedings under sections 260C.503 to 260C.515. The time period for the
2401	2401	74.31hearing may be extended by the court for good cause shown and if it is in the best interests
2402	2402	74.32of the child as long as the total time the child spends in foster care without a permanency
2403	2403	74.33hearing does not exceed 12 months;
2404	2404	74Sec. 80.
2405	2405	25-02045 as introduced02/11/25 REVISOR DTT/LN 75.1 (4) if the child has been adjudicated as a child in need of protection or services because
2406	2406	75.2the child is in need of special services or care to treat or ameliorate a physical or mental
2407	2407	75.3disability or emotional disturbance a mental illness as defined in section 245.4871,
2408	2408	75.4subdivision 15, the court may order the child's parent, guardian, or custodian to provide it.
2409	2409	75.5The court may order the child's health plan company to provide mental health services to
2410	2410	75.6the child. Section 62Q.535 applies to an order for mental health services directed to the
2411	2411	75.7child's health plan company. If the health plan, parent, guardian, or custodian fails or is
2412	2412	75.8unable to provide this treatment or care, the court may order it provided. Absent specific
2413	2413	75.9written findings by the court that the child's disability is the result of abuse or neglect by
2414	2414	75.10the child's parent or guardian, the court shall not transfer legal custody of the child for the
2415	2415	75.11purpose of obtaining special treatment or care solely because the parent is unable to provide
2416	2416	75.12the treatment or care. If the court's order for mental health treatment is based on a diagnosis
2417	2417	75.13made by a treatment professional, the court may order that the diagnosing professional not
2418	2418	75.14provide the treatment to the child if it finds that such an order is in the child's best interests;
2419	2419	75.15or
2420	2420	75.16 (5) if the court believes that the child has sufficient maturity and judgment and that it is
2421	2421	75.17in the best interests of the child, the court may order a child 16 years old or older to be
2422	2422	75.18allowed to live independently, either alone or with others as approved by the court under
2423	2423	75.19supervision the court considers appropriate, if the county board, after consultation with the
2424	2424	75.20court, has specifically authorized this dispositional alternative for a child.
2425	2425	75.21 (b) If the child was adjudicated in need of protection or services because the child is a
2426	2426	75.22runaway or habitual truant, the court may order any of the following dispositions in addition
2427	2427	75.23to or as alternatives to the dispositions authorized under paragraph (a):
2428	2428	75.24 (1) counsel the child or the child's parents, guardian, or custodian;
2429	2429	75.25 (2) place the child under the supervision of a probation officer or other suitable person
2430	2430	75.26in the child's own home under conditions prescribed by the court, including reasonable rules
2431	2431	75.27for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
2432	2432	75.28the physical, mental, and moral well-being and behavior of the child;
2433	2433	75.29 (3) subject to the court's supervision, transfer legal custody of the child to one of the
2434	2434	75.30following:
2435	2435	75.31 (i) a reputable person of good moral character. No person may receive custody of two
2436	2436	75.32or more unrelated children unless licensed to operate a residential program under sections
2437	2437	75.33245A.01 to 245A.16; or
2438	2438	75Sec. 80.
2439	2439	25-02045 as introduced02/11/25 REVISOR DTT/LN 76.1 (ii) a county probation officer for placement in a group foster home established under
2440	2440	76.2the direction of the juvenile court and licensed pursuant to section 241.021;
2441	2441	76.3 (4) require the child to pay a fine of up to $100. The court shall order payment of the
2442	2442	76.4fine in a manner that will not impose undue financial hardship upon the child;
2443	2443	76.5 (5) require the child to participate in a community service project;
2444	2444	76.6 (6) order the child to undergo a chemical dependency evaluation and, if warranted by
2445	2445	76.7the evaluation, order participation by the child in a drug awareness program or an inpatient
2446	2446	76.8or outpatient chemical dependency treatment program;
2447	2447	76.9 (7) if the court believes that it is in the best interests of the child or of public safety that
2448	2448	76.10the child's driver's license or instruction permit be canceled, the court may order the
2449	2449	76.11commissioner of public safety to cancel the child's license or permit for any period up to
2450	2450	76.12the child's 18th birthday. If the child does not have a driver's license or permit, the court
2451	2451	76.13may order a denial of driving privileges for any period up to the child's 18th birthday. The
2452	2452	76.14court shall forward an order issued under this clause to the commissioner, who shall cancel
2453	2453	76.15the license or permit or deny driving privileges without a hearing for the period specified
2454	2454	76.16by the court. At any time before the expiration of the period of cancellation or denial, the
2455	2455	76.17court may, for good cause, order the commissioner of public safety to allow the child to
2456	2456	76.18apply for a license or permit, and the commissioner shall so authorize;
2457	2457	76.19 (8) order that the child's parent or legal guardian deliver the child to school at the
2458	2458	76.20beginning of each school day for a period of time specified by the court; or
2459	2459	76.21 (9) require the child to perform any other activities or participate in any other treatment
2460	2460	76.22programs deemed appropriate by the court.
2461	2461	76.23 To the extent practicable, the court shall enter a disposition order the same day it makes
2462	2462	76.24a finding that a child is in need of protection or services or neglected and in foster care, but
2463	2463	76.25in no event more than 15 days after the finding unless the court finds that the best interests
2464	2464	76.26of the child will be served by granting a delay. If the child was under eight years of age at
2465	2465	76.27the time the petition was filed, the disposition order must be entered within ten days of the
2466	2466	76.28finding and the court may not grant a delay unless good cause is shown and the court finds
2467	2467	76.29the best interests of the child will be served by the delay.
2468	2468	76.30 (c) If a child who is 14 years of age or older is adjudicated in need of protection or
2469	2469	76.31services because the child is a habitual truant and truancy procedures involving the child
2470	2470	76.32were previously dealt with by a school attendance review board or county attorney mediation
2471	2471	76.33program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
2472	2472	76Sec. 80.
2473	2473	25-02045 as introduced02/11/25 REVISOR DTT/LN 77.1of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
2474	2474	77.2birthday.
2475	2475	77.3 (d) In the case of a child adjudicated in need of protection or services because the child
2476	2476	77.4has committed domestic abuse and been ordered excluded from the child's parent's home,
2477	2477	77.5the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
2478	2478	77.6to provide an alternative safe living arrangement for the child as defined in paragraph (f).
2479	2479	77.7 (e) When a parent has complied with a case plan ordered under subdivision 6 and the
2480	2480	77.8child is in the care of the parent, the court may order the responsible social services agency
2481	2481	77.9to monitor the parent's continued ability to maintain the child safely in the home under such
2482	2482	77.10terms and conditions as the court determines appropriate under the circumstances.
2483	2483	77.11 (f) For the purposes of this subdivision, "alternative safe living arrangement" means a
2484	2484	77.12living arrangement for a child proposed by a petitioning parent or guardian if a court excludes
2485	2485	77.13the minor from the parent's or guardian's home that is separate from the victim of domestic
2486	2486	77.14abuse and safe for the child respondent. A living arrangement proposed by a petitioning
2487	2487	77.15parent or guardian is presumed to be an alternative safe living arrangement absent information
2488	2488	77.16to the contrary presented to the court. In evaluating any proposed living arrangement, the
2489	2489	77.17court shall consider whether the arrangement provides the child with necessary food, clothing,
2490	2490	77.18shelter, and education in a safe environment. Any proposed living arrangement that would
2491	2491	77.19place the child in the care of an adult who has been physically or sexually violent is presumed
2492	2492	77.20unsafe.
2493	2493	77.21Sec. 81. Minnesota Statutes 2024, section 260C.201, subdivision 2, is amended to read:
2494	2494	77.22 Subd. 2.Written findings.(a) Any order for a disposition authorized under this section
2495	2495	77.23shall contain written findings of fact to support the disposition and case plan ordered and
2496	2496	77.24shall also set forth in writing the following information:
2497	2497	77.25 (1) why the best interests and safety of the child are served by the disposition and case
2498	2498	77.26plan ordered;
2499	2499	77.27 (2) what alternative dispositions or services under the case plan were considered by the
2500	2500	77.28court and why such dispositions or services were not appropriate in the instant case;
2501	2501	77.29 (3) when legal custody of the child is transferred, the appropriateness of the particular
2502	2502	77.30placement made or to be made by the placing agency using the relative and sibling placement
2503	2503	77.31considerations and best interest factors in section 260C.212, subdivision 2, or the
2504	2504	77.32appropriateness of a child colocated with a parent in a licensed residential family-based
2505	2505	77.33substance use disorder treatment program under section 260C.190;
2506	2506	77Sec. 81.
2507	2507	25-02045 as introduced02/11/25 REVISOR DTT/LN 78.1 (4) whether reasonable efforts to finalize the permanent plan for the child consistent
2508	2508	78.2with section 260.012 were made including reasonable efforts:
2509	2509	78.3 (i) to prevent the child's placement and to reunify the child with the parent or guardian
2510	2510	78.4from whom the child was removed at the earliest time consistent with the child's safety.
2511	2511	78.5The court's findings must include a brief description of what preventive and reunification
2512	2512	78.6efforts were made and why further efforts could not have prevented or eliminated the
2513	2513	78.7necessity of removal or that reasonable efforts were not required under section 260.012 or
2514	2514	78.8260C.178, subdivision 1;
2515	2515	78.9 (ii) to identify and locate any noncustodial or nonresident parent of the child and to
2516	2516	78.10assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
2517	2517	78.11provide services necessary to enable the noncustodial or nonresident parent to safely provide
2518	2518	78.12day-to-day care of the child as required under section 260C.219, unless such services are
2519	2519	78.13not required under section 260.012 or 260C.178, subdivision 1. The court's findings must
2520	2520	78.14include a description of the agency's efforts to:
2521	2521	78.15 (A) identify and locate the child's noncustodial or nonresident parent;
2522	2522	78.16 (B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of
2523	2523	78.17the child; and
2524	2524	78.18 (C) if appropriate, provide services necessary to enable the noncustodial or nonresident
2525	2525	78.19parent to safely provide the child's day-to-day care, including efforts to engage the
2526	2526	78.20noncustodial or nonresident parent in assuming care and responsibility of the child;
2527	2527	78.21 (iii) to make the diligent search for relatives and provide the notices required under
2528	2528	78.22section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the
2529	2529	78.23agency has made diligent efforts to conduct a relative search and has appropriately engaged
2530	2530	78.24relatives who responded to the notice under section 260C.221 and other relatives, who came
2531	2531	78.25to the attention of the agency after notice under section 260C.221 was sent, in placement
2532	2532	78.26and case planning decisions fulfills the requirement of this item;
2533	2533	78.27 (iv) to identify and make a foster care placement of the child, considering the order in
2534	2534	78.28section 260C.212, subdivision 2, paragraph (a), in the home of an unlicensed relative,
2535	2535	78.29according to the requirements of section 142B.06, a licensed relative, or other licensed foster
2536	2536	78.30care provider, who will commit to being the permanent legal parent or custodian for the
2537	2537	78.31child in the event reunification cannot occur, but who will actively support the reunification
2538	2538	78.32plan for the child. If the court finds that the agency has not appropriately considered relatives
2539	2539	78.33for placement of the child, the court shall order the agency to comply with section 260C.212,
2540	2540	78Sec. 81.
2541	2541	25-02045 as introduced02/11/25 REVISOR DTT/LN 79.1subdivision 2, paragraph (a). The court may order the agency to continue considering
2542	2542	79.2relatives for placement of the child regardless of the child's current placement setting; and
2543	2543	79.3 (v) to place siblings together in the same home or to ensure visitation is occurring when
2544	2544	79.4siblings are separated in foster care placement and visitation is in the siblings' best interests
2545	2545	79.5under section 260C.212, subdivision 2, paragraph (d); and
2546	2546	79.6 (5) if the child has been adjudicated as a child in need of protection or services because
2547	2547	79.7the child is in need of special services or care to treat or ameliorate a mental disability or
2548	2548	79.8emotional disturbance a mental illness as defined in section 245.4871, subdivision 15, the
2549	2549	79.9written findings shall also set forth:
2550	2550	79.10 (i) whether the child has mental health needs that must be addressed by the case plan;
2551	2551	79.11 (ii) what consideration was given to the diagnostic and functional assessments performed
2552	2552	79.12by the child's mental health professional and to health and mental health care professionals'
2553	2553	79.13treatment recommendations;
2554	2554	79.14 (iii) what consideration was given to the requests or preferences of the child's parent or
2555	2555	79.15guardian with regard to the child's interventions, services, or treatment; and
2556	2556	79.16 (iv) what consideration was given to the cultural appropriateness of the child's treatment
2557	2557	79.17or services.
2558	2558	79.18 (b) If the court finds that the social services agency's preventive or reunification efforts
2559	2559	79.19have not been reasonable but that further preventive or reunification efforts could not permit
2560	2560	79.20the child to safely remain at home, the court may nevertheless authorize or continue the
2561	2561	79.21removal of the child.
2562	2562	79.22 (c) If the child has been identified by the responsible social services agency as the subject
2563	2563	79.23of concurrent permanency planning, the court shall review the reasonable efforts of the
2564	2564	79.24agency to develop a permanency plan for the child that includes a primary plan that is for
2565	2565	79.25reunification with the child's parent or guardian and a secondary plan that is for an alternative,
2566	2566	79.26legally permanent home for the child in the event reunification cannot be achieved in a
2567	2567	79.27timely manner.
2568	2568	79.28Sec. 82. Minnesota Statutes 2024, section 260C.301, subdivision 4, is amended to read:
2569	2569	79.29 Subd. 4.Current foster care children.Except for cases where the child is in placement
2570	2570	79.30due solely to the child's developmental disability or emotional disturbance a mental illness,
2571	2571	79.31where custody has not been transferred to the responsible social services agency, and where
2572	2572	79.32the court finds compelling reasons to continue placement, the county attorney shall file a
2573	2573	79Sec. 82.
2574	2574	25-02045 as introduced02/11/25 REVISOR DTT/LN 80.1termination of parental rights petition or a petition to transfer permanent legal and physical
2575	2575	80.2custody to a relative under section 260C.515, subdivision 4, for all children who have been
2576	2576	80.3in out-of-home care for 15 of the most recent 22 months. This requirement does not apply
2577	2577	80.4if there is a compelling reason approved by the court for determining that filing a termination
2578	2578	80.5of parental rights petition or other permanency petition would not be in the best interests
2579	2579	80.6of the child or if the responsible social services agency has not provided reasonable efforts
2580	2580	80.7necessary for the safe return of the child, if reasonable efforts are required.
2581	2581	80.8 Sec. 83. Minnesota Statutes 2024, section 260D.01, is amended to read:
2582	2582	80.9 260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
2583	2583	80.10 (a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for
2584	2584	80.11treatment" provisions of the Juvenile Court Act.
2585	2585	80.12 (b) The juvenile court has original and exclusive jurisdiction over a child in voluntary
2586	2586	80.13foster care for treatment upon the filing of a report or petition required under this chapter.
2587	2587	80.14All obligations of the responsible social services agency to a child and family in foster care
2588	2588	80.15contained in chapter 260C not inconsistent with this chapter are also obligations of the
2589	2589	80.16agency with regard to a child in foster care for treatment under this chapter.
2590	2590	80.17 (c) This chapter shall be construed consistently with the mission of the children's mental
2591	2591	80.18health service system as set out in section 245.487, subdivision 3, and the duties of an agency
2592	2592	80.19under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016,
2593	2593	80.20to meet the needs of a child with a developmental disability or related condition. This
2594	2594	80.21chapter:
2595	2595	80.22 (1) establishes voluntary foster care through a voluntary foster care agreement as the
2596	2596	80.23means for an agency and a parent to provide needed treatment when the child must be in
2597	2597	80.24foster care to receive necessary treatment for an emotional disturbance or a mental illness,
2598	2598	80.25developmental disability, or related condition;
2599	2599	80.26 (2) establishes court review requirements for a child in voluntary foster care for treatment
2600	2600	80.27due to emotional disturbance or a mental illness, developmental disability, or a related
2601	2601	80.28condition;
2602	2602	80.29 (3) establishes the ongoing responsibility of the parent as legal custodian to visit the
2603	2603	80.30child, to plan together with the agency for the child's treatment needs, to be available and
2604	2604	80.31accessible to the agency to make treatment decisions, and to obtain necessary medical,
2605	2605	80.32dental, and other care for the child;
2606	2606	80Sec. 83.
2607	2607	25-02045 as introduced02/11/25 REVISOR DTT/LN 81.1 (4) applies to voluntary foster care when the child's parent and the agency agree that the
2608	2608	81.2child's treatment needs require foster care either:
2609	2609	81.3 (i) due to a level of care determination by the agency's screening team informed by the
2610	2610	81.4child's diagnostic and functional assessment under section 245.4885; or
2611	2611	81.5 (ii) due to a determination regarding the level of services needed by the child by the
2612	2612	81.6responsible social services agency's screening team under section 256B.092, and Minnesota
2613	2613	81.7Rules, parts 9525.0004 to 9525.0016; and
2614	2614	81.8 (5) includes the requirements for a child's placement in sections 260C.70 to 260C.714,
2615	2615	81.9when the juvenile treatment screening team recommends placing a child in a qualified
2616	2616	81.10residential treatment program, except as modified by this chapter.
2617	2617	81.11 (d) This chapter does not apply when there is a current determination under chapter
2618	2618	81.12260E that the child requires child protective services or when the child is in foster care for
2619	2619	81.13any reason other than treatment for the child's emotional disturbance or mental illness,
2620	2620	81.14developmental disability, or related condition. When there is a determination under chapter
2621	2621	81.15260E that the child requires child protective services based on an assessment that there are
2622	2622	81.16safety and risk issues for the child that have not been mitigated through the parent's
2623	2623	81.17engagement in services or otherwise, or when the child is in foster care for any reason other
2624	2624	81.18than the child's emotional disturbance or mental illness, developmental disability, or related
2625	2625	81.19condition, the provisions of chapter 260C apply.
2626	2626	81.20 (e) The paramount consideration in all proceedings concerning a child in voluntary foster
2627	2627	81.21care for treatment is the safety, health, and the best interests of the child. The purpose of
2628	2628	81.22this chapter is:
2629	2629	81.23 (1) to ensure that a child with a disability is provided the services necessary to treat or
2630	2630	81.24ameliorate the symptoms of the child's disability;
2631	2631	81.25 (2) to preserve and strengthen the child's family ties whenever possible and in the child's
2632	2632	81.26best interests, approving the child's placement away from the child's parents only when the
2633	2633	81.27child's need for care or treatment requires out-of-home placement and the child cannot be
2634	2634	81.28maintained in the home of the parent; and
2635	2635	81.29 (3) to ensure that the child's parent retains legal custody of the child and associated
2636	2636	81.30decision-making authority unless the child's parent willfully fails or is unable to make
2637	2637	81.31decisions that meet the child's safety, health, and best interests. The court may not find that
2638	2638	81.32the parent willfully fails or is unable to make decisions that meet the child's needs solely
2639	2639	81.33because the parent disagrees with the agency's choice of foster care facility, unless the
2640	2640	81Sec. 83.
2641	2641	25-02045 as introduced02/11/25 REVISOR DTT/LN 82.1agency files a petition under chapter 260C, and establishes by clear and convincing evidence
2642	2642	82.2that the child is in need of protection or services.
2643	2643	82.3 (f) The legal parent-child relationship shall be supported under this chapter by maintaining
2644	2644	82.4the parent's legal authority and responsibility for ongoing planning for the child and by the
2645	2645	82.5agency's assisting the parent, when necessary, to exercise the parent's ongoing right and
2646	2646	82.6obligation to visit or to have reasonable contact with the child. Ongoing planning means:
2647	2647	82.7 (1) actively participating in the planning and provision of educational services, medical,
2648	2648	82.8and dental care for the child;
2649	2649	82.9 (2) actively planning and participating with the agency and the foster care facility for
2650	2650	82.10the child's treatment needs;
2651	2651	82.11 (3) planning to meet the child's need for safety, stability, and permanency, and the child's
2652	2652	82.12need to stay connected to the child's family and community;
2653	2653	82.13 (4) engaging with the responsible social services agency to ensure that the family and
2654	2654	82.14permanency team under section 260C.706 consists of appropriate family members. For
2655	2655	82.15purposes of voluntary placement of a child in foster care for treatment under chapter 260D,
2656	2656	82.16prior to forming the child's family and permanency team, the responsible social services
2657	2657	82.17agency must consult with the child's parent or legal guardian, the child if the child is 14
2658	2658	82.18years of age or older, and, if applicable, the child's Tribe to obtain recommendations regarding
2659	2659	82.19which individuals to include on the team and to ensure that the team is family-centered and
2660	2660	82.20will act in the child's best interests. If the child, child's parents, or legal guardians raise
2661	2661	82.21concerns about specific relatives or professionals, the team should not include those
2662	2662	82.22individuals unless the individual is a treating professional or an important connection to the
2663	2663	82.23youth as outlined in the case or crisis plan; and
2664	2664	82.24 (5) for a voluntary placement under this chapter in a qualified residential treatment
2665	2665	82.25program, as defined in section 260C.007, subdivision 26d, for purposes of engaging in a
2666	2666	82.26relative search as provided in section 260C.221, the county agency must consult with the
2667	2667	82.27child's parent or legal guardian, the child if the child is 14 years of age or older, and, if
2668	2668	82.28applicable, the child's Tribe to obtain recommendations regarding which adult relatives the
2669	2669	82.29county agency should notify. If the child, child's parents, or legal guardians raise concerns
2670	2670	82.30about specific relatives, the county agency should not notify those relatives.
2671	2671	82.31 (g) The provisions of section 260.012 to ensure placement prevention, family
2672	2672	82.32reunification, and all active and reasonable effort requirements of that section apply.
2673	2673	82Sec. 83.
2674	2674	25-02045 as introduced02/11/25 REVISOR DTT/LN 83.1 Sec. 84. Minnesota Statutes 2024, section 260D.02, subdivision 5, is amended to read:
2675	2675	83.2 Subd. 5.Child in voluntary foster care for treatment."Child in voluntary foster care
2676	2676	83.3for treatment" means a child with emotional disturbance a mental illness or developmental
2677	2677	83.4disability, or who has a related condition and is in foster care under a voluntary foster care
2678	2678	83.5agreement between the child's parent and the agency due to concurrence between the agency
2679	2679	83.6and the parent when it is determined that foster care is medically necessary:
2680	2680	83.7 (1) due to a determination by the agency's screening team based on its review of the
2681	2681	83.8diagnostic and functional assessment under section 245.4885; or
2682	2682	83.9 (2) due to a determination by the agency's screening team under section 256B.092 and
2683	2683	83.10Minnesota Rules, parts 9525.0004 to 9525.0016.
2684	2684	83.11 A child is not in voluntary foster care for treatment under this chapter when there is a
2685	2685	83.12current determination under chapter 260E that the child requires child protective services
2686	2686	83.13or when the child is in foster care for any reason other than the child's emotional or mental
2687	2687	83.14illness, developmental disability, or related condition.
2688	2688	83.15Sec. 85. Minnesota Statutes 2024, section 260D.02, subdivision 9, is amended to read:
2689	2689	83.16 Subd. 9. Emotional disturbance Mental illness."Emotional disturbance Mental illness"
2690	2690	83.17means emotional disturbance a mental illness as described in section 245.4871, subdivision
2691	2691	83.1815.
2692	2692	83.19Sec. 86. Minnesota Statutes 2024, section 260D.03, subdivision 1, is amended to read:
2693	2693	83.20 Subdivision 1.Voluntary foster care.When the agency's screening team, based upon
2694	2694	83.21the diagnostic and functional assessment under section 245.4885 or medical necessity
2695	2695	83.22screenings under section 256B.092, subdivision 7, determines the child's need for treatment
2696	2696	83.23due to emotional disturbance or a mental illness, developmental disability, or related condition
2697	2697	83.24requires foster care placement of the child, a voluntary foster care agreement between the
2698	2698	83.25child's parent and the agency gives the agency legal authority to place the child in foster
2699	2699	83.26care.
2700	2700	83Sec. 86.
2701	2701	25-02045 as introduced02/11/25 REVISOR DTT/LN 84.1 Sec. 87. Minnesota Statutes 2024, section 260D.04, is amended to read:
2702	2702	84.2 260D.04 REQUIRED INFORMATION FOR A CHILD IN VOLUNTARY FOSTER
2703	2703	84.3CARE FOR TREATMENT.
2704	2704	84.4 An agency with authority to place a child in voluntary foster care for treatment due to
2705	2705	84.5emotional disturbance or a mental illness, developmental disability, or related condition,
2706	2706	84.6shall inform the child, age 12 or older, of the following:
2707	2707	84.7 (1) the child has the right to be consulted in the preparation of the out-of-home placement
2708	2708	84.8plan required under section 260C.212, subdivision 1, and the administrative review required
2709	2709	84.9under section 260C.203;
2710	2710	84.10 (2) the child has the right to visit the parent and the right to visit the child's siblings as
2711	2711	84.11determined safe and appropriate by the parent and the agency;
2712	2712	84.12 (3) if the child disagrees with the foster care facility or services provided under the
2713	2713	84.13out-of-home placement plan required under section 260C.212, subdivision 1, the agency
2714	2714	84.14shall include information about the nature of the child's disagreement and, to the extent
2715	2715	84.15possible, the agency's understanding of the basis of the child's disagreement in the information
2716	2716	84.16provided to the court in the report required under section 260D.06; and
2717	2717	84.17 (4) the child has the rights established under Minnesota Rules, part 2960.0050, as a
2718	2718	84.18resident of a facility licensed by the state.
2719	2719	84.19Sec. 88. Minnesota Statutes 2024, section 260D.06, subdivision 2, is amended to read:
2720	2720	84.20 Subd. 2.Agency report to court; court review.The agency shall obtain judicial review
2721	2721	84.21by reporting to the court according to the following procedures:
2722	2722	84.22 (a) A written report shall be forwarded to the court within 165 days of the date of the
2723	2723	84.23voluntary placement agreement. The written report shall contain or have attached:
2724	2724	84.24 (1) a statement of facts that necessitate the child's foster care placement;
2725	2725	84.25 (2) the child's name, date of birth, race, gender, and current address;
2726	2726	84.26 (3) the names, race, date of birth, residence, and post office addresses of the child's
2727	2727	84.27parents or legal custodian;
2728	2728	84.28 (4) a statement regarding the child's eligibility for membership or enrollment in an Indian
2729	2729	84.29tribe and the agency's compliance with applicable provisions of sections 260.751 to 260.835;
2730	2730	84.30 (5) the names and addresses of the foster parents or chief administrator of the facility in
2731	2731	84.31which the child is placed, if the child is not in a family foster home or group home;
2732	2732	84Sec. 88.
2733	2733	25-02045 as introduced02/11/25 REVISOR DTT/LN 85.1 (6) a copy of the out-of-home placement plan required under section 260C.212,
2734	2734	85.2subdivision 1;
2735	2735	85.3 (7) a written summary of the proceedings of any administrative review required under
2736	2736	85.4section 260C.203;
2737	2737	85.5 (8) evidence as specified in section 260C.712 when a child is placed in a qualified
2738	2738	85.6residential treatment program as defined in section 260C.007, subdivision 26d; and
2739	2739	85.7 (9) any other information the agency, parent or legal custodian, the child or the foster
2740	2740	85.8parent, or other residential facility wants the court to consider.
2741	2741	85.9 (b) In the case of a child in placement due to emotional disturbance a mental illness, the
2742	2742	85.10written report shall include as an attachment, the child's individual treatment plan developed
2743	2743	85.11by the child's treatment professional, as provided in section 245.4871, subdivision 21, or
2744	2744	85.12the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph
2745	2745	85.13(e).
2746	2746	85.14 (c) In the case of a child in placement due to developmental disability or a related
2747	2747	85.15condition, the written report shall include as an attachment, the child's individual service
2748	2748	85.16plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan,
2749	2749	85.17as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan;
2750	2750	85.18or the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph
2751	2751	85.19(e).
2752	2752	85.20 (d) The agency must inform the child, age 12 or older, the child's parent, and the foster
2753	2753	85.21parent or foster care facility of the reporting and court review requirements of this section
2754	2754	85.22and of their right to submit information to the court:
2755	2755	85.23 (1) if the child or the child's parent or the foster care provider wants to send information
2756	2756	85.24to the court, the agency shall advise those persons of the reporting date and the date by
2757	2757	85.25which the agency must receive the information they want forwarded to the court so the
2758	2758	85.26agency is timely able submit it with the agency's report required under this subdivision;
2759	2759	85.27 (2) the agency must also inform the child, age 12 or older, the child's parent, and the
2760	2760	85.28foster care facility that they have the right to be heard in person by the court and how to
2761	2761	85.29exercise that right;
2762	2762	85.30 (3) the agency must also inform the child, age 12 or older, the child's parent, and the
2763	2763	85.31foster care provider that an in-court hearing will be held if requested by the child, the parent,
2764	2764	85.32or the foster care provider; and
2765	2765	85Sec. 88.
2766	2766	25-02045 as introduced02/11/25 REVISOR DTT/LN 86.1 (4) if, at the time required for the report under this section, a child, age 12 or older,
2767	2767	86.2disagrees about the foster care facility or services provided under the out-of-home placement
2768	2768	86.3plan required under section 260C.212, subdivision 1, the agency shall include information
2769	2769	86.4regarding the child's disagreement, and to the extent possible, the basis for the child's
2770	2770	86.5disagreement in the report required under this section.
2771	2771	86.6 (e) After receiving the required report, the court has jurisdiction to make the following
2772	2772	86.7determinations and must do so within ten days of receiving the forwarded report, whether
2773	2773	86.8a hearing is requested:
2774	2774	86.9 (1) whether the voluntary foster care arrangement is in the child's best interests;
2775	2775	86.10 (2) whether the parent and agency are appropriately planning for the child; and
2776	2776	86.11 (3) in the case of a child age 12 or older, who disagrees with the foster care facility or
2777	2777	86.12services provided under the out-of-home placement plan, whether it is appropriate to appoint
2778	2778	86.13counsel and a guardian ad litem for the child using standards and procedures under section
2779	2779	86.14260C.163.
2780	2780	86.15 (f) Unless requested by a parent, representative of the foster care facility, or the child,
2781	2781	86.16no in-court hearing is required in order for the court to make findings and issue an order as
2782	2782	86.17required in paragraph (e).
2783	2783	86.18 (g) If the court finds the voluntary foster care arrangement is in the child's best interests
2784	2784	86.19and that the agency and parent are appropriately planning for the child, the court shall issue
2785	2785	86.20an order containing explicit, individualized findings to support its determination. The
2786	2786	86.21individualized findings shall be based on the agency's written report and other materials
2787	2787	86.22submitted to the court. The court may make this determination notwithstanding the child's
2788	2788	86.23disagreement, if any, reported under paragraph (d).
2789	2789	86.24 (h) The court shall send a copy of the order to the county attorney, the agency, parent,
2790	2790	86.25child, age 12 or older, and the foster parent or foster care facility.
2791	2791	86.26 (i) The court shall also send the parent, the child, age 12 or older, the foster parent, or
2792	2792	86.27representative of the foster care facility notice of the permanency review hearing required
2793	2793	86.28under section 260D.07, paragraph (e).
2794	2794	86.29 (j) If the court finds continuing the voluntary foster care arrangement is not in the child's
2795	2795	86.30best interests or that the agency or the parent are not appropriately planning for the child,
2796	2796	86.31the court shall notify the agency, the parent, the foster parent or foster care facility, the child,
2797	2797	86.32age 12 or older, and the county attorney of the court's determinations and the basis for the
2798	2798	86Sec. 88.
2799	2799	25-02045 as introduced02/11/25 REVISOR DTT/LN 87.1court's determinations. In this case, the court shall set the matter for hearing and appoint a
2800	2800	87.2guardian ad litem for the child under section 260C.163, subdivision 5.
2801	2801	87.3 Sec. 89. Minnesota Statutes 2024, section 260D.07, is amended to read:
2802	2802	87.4 260D.07 REQUIRED PERMANENCY REVIEW HEARING.
2803	2803	87.5 (a) When the court has found that the voluntary arrangement is in the child's best interests
2804	2804	87.6and that the agency and parent are appropriately planning for the child pursuant to the report
2805	2805	87.7submitted under section 260D.06, and the child continues in voluntary foster care as defined
2806	2806	87.8in section 260D.02, subdivision 10, for 13 months from the date of the voluntary foster care
2807	2807	87.9agreement, or has been in placement for 15 of the last 22 months, the agency must:
2808	2808	87.10 (1) terminate the voluntary foster care agreement and return the child home; or
2809	2809	87.11 (2) determine whether there are compelling reasons to continue the voluntary foster care
2810	2810	87.12arrangement and, if the agency determines there are compelling reasons, seek judicial
2811	2811	87.13approval of its determination; or
2812	2812	87.14 (3) file a petition for the termination of parental rights.
2813	2813	87.15 (b) When the agency is asking for the court's approval of its determination that there are
2814	2814	87.16compelling reasons to continue the child in the voluntary foster care arrangement, the agency
2815	2815	87.17shall file a "Petition for Permanency Review Regarding a Child in Voluntary Foster Care
2816	2816	87.18for Treatment" and ask the court to proceed under this section.
2817	2817	87.19 (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster Care
2818	2818	87.20for Treatment" shall be drafted or approved by the county attorney and be under oath. The
2819	2819	87.21petition shall include:
2820	2820	87.22 (1) the date of the voluntary placement agreement;
2821	2821	87.23 (2) whether the petition is due to the child's developmental disability or emotional
2822	2822	87.24disturbance mental illness;
2823	2823	87.25 (3) the plan for the ongoing care of the child and the parent's participation in the plan;
2824	2824	87.26 (4) a description of the parent's visitation and contact with the child;
2825	2825	87.27 (5) the date of the court finding that the foster care placement was in the best interests
2826	2826	87.28of the child, if required under section 260D.06, or the date the agency filed the motion under
2827	2827	87.29section 260D.09, paragraph (b);
2828	2828	87.30 (6) the agency's reasonable efforts to finalize the permanent plan for the child, including
2829	2829	87.31returning the child to the care of the child's family;
2830	2830	87Sec. 89.
2831	2831	25-02045 as introduced02/11/25 REVISOR DTT/LN 88.1 (7) a citation to this chapter as the basis for the petition; and
2832	2832	88.2 (8) evidence as specified in section 260C.712 when a child is placed in a qualified
2833	2833	88.3residential treatment program as defined in section 260C.007, subdivision 26d.
2834	2834	88.4 (d) An updated copy of the out-of-home placement plan required under section 260C.212,
2835	2835	88.5subdivision 1, shall be filed with the petition.
2836	2836	88.6 (e) The court shall set the date for the permanency review hearing no later than 14 months
2837	2837	88.7after the child has been in placement or within 30 days of the petition filing date when the
2838	2838	88.8child has been in placement 15 of the last 22 months. The court shall serve the petition
2839	2839	88.9together with a notice of hearing by United States mail on the parent, the child age 12 or
2840	2840	88.10older, the child's guardian ad litem, if one has been appointed, the agency, the county
2841	2841	88.11attorney, and counsel for any party.
2842	2842	88.12 (f) The court shall conduct the permanency review hearing on the petition no later than
2843	2843	88.1314 months after the date of the voluntary placement agreement, within 30 days of the filing
2844	2844	88.14of the petition when the child has been in placement 15 of the last 22 months, or within 15
2845	2845	88.15days of a motion to terminate jurisdiction and to dismiss an order for foster care under
2846	2846	88.16chapter 260C, as provided in section 260D.09, paragraph (b).
2847	2847	88.17 (g) At the permanency review hearing, the court shall:
2848	2848	88.18 (1) inquire of the parent if the parent has reviewed the "Petition for Permanency Review
2849	2849	88.19Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is accurate,
2850	2850	88.20and whether the parent agrees to the continued voluntary foster care arrangement as being
2851	2851	88.21in the child's best interests;
2852	2852	88.22 (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts to
2853	2853	88.23finalize the permanent plan for the child, including whether there are services available and
2854	2854	88.24accessible to the parent that might allow the child to safely be with the child's family;
2855	2855	88.25 (3) inquire of the parent if the parent consents to the court entering an order that:
2856	2856	88.26 (i) approves the responsible agency's reasonable efforts to finalize the permanent plan
2857	2857	88.27for the child, which includes ongoing future planning for the safety, health, and best interests
2858	2858	88.28of the child; and
2859	2859	88.29 (ii) approves the responsible agency's determination that there are compelling reasons
2860	2860	88.30why the continued voluntary foster care arrangement is in the child's best interests; and
2861	2861	88.31 (4) inquire of the child's guardian ad litem and any other party whether the guardian or
2862	2862	88.32the party agrees that:
2863	2863	88Sec. 89.
2864	2864	25-02045 as introduced02/11/25 REVISOR DTT/LN 89.1 (i) the court should approve the responsible agency's reasonable efforts to finalize the
2865	2865	89.2permanent plan for the child, which includes ongoing and future planning for the safety,
2866	2866	89.3health, and best interests of the child; and
2867	2867	89.4 (ii) the court should approve of the responsible agency's determination that there are
2868	2868	89.5compelling reasons why the continued voluntary foster care arrangement is in the child's
2869	2869	89.6best interests.
2870	2870	89.7 (h) At a permanency review hearing under this section, the court may take the following
2871	2871	89.8actions based on the contents of the sworn petition and the consent of the parent:
2872	2872	89.9 (1) approve the agency's compelling reasons that the voluntary foster care arrangement
2873	2873	89.10is in the best interests of the child; and
2874	2874	89.11 (2) find that the agency has made reasonable efforts to finalize the permanent plan for
2875	2875	89.12the child.
2876	2876	89.13 (i) A child, age 12 or older, may object to the agency's request that the court approve its
2877	2877	89.14compelling reasons for the continued voluntary arrangement and may be heard on the reasons
2878	2878	89.15for the objection. Notwithstanding the child's objection, the court may approve the agency's
2879	2879	89.16compelling reasons and the voluntary arrangement.
2880	2880	89.17 (j) If the court does not approve the voluntary arrangement after hearing from the child
2881	2881	89.18or the child's guardian ad litem, the court shall dismiss the petition. In this case, either:
2882	2882	89.19 (1) the child must be returned to the care of the parent; or
2883	2883	89.20 (2) the agency must file a petition under section 260C.141, asking for appropriate relief
2884	2884	89.21under sections 260C.301 or 260C.503 to 260C.521.
2885	2885	89.22 (k) When the court approves the agency's compelling reasons for the child to continue
2886	2886	89.23in voluntary foster care for treatment, and finds that the agency has made reasonable efforts
2887	2887	89.24to finalize a permanent plan for the child, the court shall approve the continued voluntary
2888	2888	89.25foster care arrangement, and continue the matter under the court's jurisdiction for the purposes
2889	2889	89.26of reviewing the child's placement every 12 months while the child is in foster care.
2890	2890	89.27 (l) A finding that the court approves the continued voluntary placement means the agency
2891	2891	89.28has continued legal authority to place the child while a voluntary placement agreement
2892	2892	89.29remains in effect. The parent or the agency may terminate a voluntary agreement as provided
2893	2893	89.30in section 260D.10. Termination of a voluntary foster care placement of an Indian child is
2894	2894	89.31governed by section 260.765, subdivision 4.
2895	2895	89Sec. 89.
2896	2896	25-02045 as introduced02/11/25 REVISOR DTT/LN 90.1 Sec. 90. Minnesota Statutes 2024, section 260E.11, subdivision 3, is amended to read:
2897	2897	90.2 Subd. 3.Report to medical examiner or coroner; notification to local agency and
2898	2898	90.3law enforcement; report ombudsman.(a) A person mandated to report maltreatment who
2899	2899	90.4knows or has reason to believe a child has died as a result of maltreatment shall report that
2900	2900	90.5information to the appropriate medical examiner or coroner instead of the local welfare
2901	2901	90.6agency, police department, or county sheriff.
2902	2902	90.7 (b) The medical examiner or coroner shall notify the local welfare agency, police
2903	2903	90.8department, or county sheriff in instances in which the medical examiner or coroner believes
2904	2904	90.9that the child has died as a result of maltreatment. The medical examiner or coroner shall
2905	2905	90.10complete an investigation as soon as feasible and report the findings to the police department
2906	2906	90.11or county sheriff and the local welfare agency.
2907	2907	90.12 (c) If the child was receiving services or treatment for mental illness, developmental
2908	2908	90.13disability, or substance use disorder, or emotional disturbance from an agency, facility, or
2909	2909	90.14program as defined in section 245.91, the medical examiner or coroner shall also notify and
2910	2910	90.15report findings to the ombudsman established under sections 245.91 to 245.97.
2911	2911	90.16Sec. 91. Minnesota Statutes 2024, section 295.50, subdivision 9b, is amended to read:
2912	2912	90.17 Subd. 9b.Patient services.(a) "Patient services" means inpatient and outpatient services
2913	2913	90.18and other goods and services provided by hospitals, surgical centers, or health care providers.
2914	2914	90.19They include the following health care goods and services provided to a patient or consumer:
2915	2915	90.20 (1) bed and board;
2916	2916	90.21 (2) nursing services and other related services;
2917	2917	90.22 (3) use of hospitals, surgical centers, or health care provider facilities;
2918	2918	90.23 (4) medical social services;
2919	2919	90.24 (5) drugs, biologicals, supplies, appliances, and equipment;
2920	2920	90.25 (6) other diagnostic or therapeutic items or services;
2921	2921	90.26 (7) medical or surgical services;
2922	2922	90.27 (8) items and services furnished to ambulatory patients not requiring emergency care;
2923	2923	90.28and
2924	2924	90.29 (9) emergency services.
2925	2925	90.30 (b) "Patient services" does not include:
2926	2926	90Sec. 91.
2927	2927	25-02045 as introduced02/11/25 REVISOR DTT/LN 91.1 (1) services provided to nursing homes licensed under chapter 144A;
2928	2928	91.2 (2) examinations for purposes of utilization reviews, insurance claims or eligibility,
2929	2929	91.3litigation, and employment, including reviews of medical records for those purposes;
2930	2930	91.4 (3) services provided to and by community residential mental health facilities licensed
2931	2931	91.5under section 245I.23 or Minnesota Rules, parts 9520.0500 to 9520.0670, and to and by
2932	2932	91.6residential treatment programs for children with severe emotional disturbance a serious
2933	2933	91.7mental illness licensed or certified under chapter 245A;
2934	2934	91.8 (4) services provided under the following programs: day treatment services as defined
2935	2935	91.9in section 245.462, subdivision 8; assertive community treatment as described in section
2936	2936	91.10256B.0622; adult rehabilitative mental health services as described in section 256B.0623;
2937	2937	91.11crisis response services as described in section 256B.0624; and children's therapeutic services
2938	2938	91.12and supports as described in section 256B.0943;
2939	2939	91.13 (5) services provided to and by community mental health centers as defined in section
2940	2940	91.14245.62, subdivision 2;
2941	2941	91.15 (6) services provided to and by assisted living programs and congregate housing
2942	2942	91.16programs;
2943	2943	91.17 (7) hospice care services;
2944	2944	91.18 (8) home and community-based waivered services under chapter 256S and sections
2945	2945	91.19256B.49 and 256B.501;
2946	2946	91.20 (9) targeted case management services under sections 256B.0621; 256B.0625,
2947	2947	91.21subdivisions 20, 20a, 33, and 44; and 256B.094; and
2948	2948	91.22 (10) services provided to the following: supervised living facilities for persons with
2949	2949	91.23developmental disabilities licensed under Minnesota Rules, parts 4665.0100 to 4665.9900;
2950	2950	91.24housing with services establishments required to be registered under chapter 144D; board
2951	2951	91.25and lodging establishments providing only custodial services that are licensed under chapter
2952	2952	91.26157 and registered under section 157.17 to provide supportive services or health supervision
2953	2953	91.27services; adult foster homes as defined in Minnesota Rules, part 9555.5105; day training
2954	2954	91.28and habilitation services for adults with developmental disabilities as defined in section
2955	2955	91.29252.41, subdivision 3; boarding care homes as defined in Minnesota Rules, part 4655.0100;
2956	2956	91.30adult day care services as defined in section 245A.02, subdivision 2a; and home health
2957	2957	91.31agencies as defined in Minnesota Rules, part 9505.0175, subpart 15, or licensed under
2958	2958	91.32chapter 144A.
2959	2959	91Sec. 91.
2960	2960	25-02045 as introduced02/11/25 REVISOR DTT/LN