SF 1079

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; modifying fee requirements 
  1.3             for child support services; changing requirements for 
  1.4             waiver of income withholding; providing for recovery 
  1.5             of expenditures for alternative care for nonmedical 
  1.6             assistance recipients; establishing an alternative 
  1.7             care lien; mandating a children's mental health 
  1.8             screening in certain circumstances; amending Minnesota 
  1.9             Statutes 2002, sections 245.4874; 256B.15, 
  1.10            subdivisions 1, 1a, 2; 260B.157, subdivision 1; 
  1.11            260B.176, subdivision 2; 260B.178, subdivision 1; 
  1.12            260B.193, subdivision 2; 260B.235, subdivision 6; 
  1.13            518.551, subdivision 7; 518.6111, subdivisions 2, 3, 
  1.14            4, 16; 524.3-805; proposing coding for new law in 
  1.15            Minnesota Statutes, chapter 514. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17                             ARTICLE 1
  1.18                          JUDICIARY ISSUES
  1.19     Section 1.  Minnesota Statutes 2002, section 518.551, 
  1.20  subdivision 7, is amended to read: 
  1.21     Subd. 7.  [SERVICE FEE FEES AND COST RECOVERY FEES FOR IV-D 
  1.22  SERVICES.] When the public agency responsible for child support 
  1.23  enforcement provides child support collection services either to 
  1.24  a public assistance recipient or to a party who does not receive 
  1.25  public assistance, the public agency may upon written notice to 
  1.26  the obligor charge a monthly collection fee equivalent to the 
  1.27  full monthly cost to the county of providing collection 
  1.28  services, in addition to the amount of the child support which 
  1.29  was ordered by the court.  The fee shall be deposited in the 
  1.30  county general fund.  The service fee assessed is limited to ten 
  2.1   percent of the monthly court ordered child support and shall not 
  2.2   be assessed to obligors who are current in payment of the 
  2.3   monthly court ordered child support. (a) When a recipient of 
  2.4   IV-D services is no longer receiving assistance under the 
  2.5   state's title IV-A, IV-E foster care, medical assistance, or 
  2.6   MinnesotaCare programs, the public authority responsible for 
  2.7   child support enforcement must notify the recipient, within five 
  2.8   working days of the notification of ineligibility, that IV-D 
  2.9   services will be continued unless the public authority is 
  2.10  notified to the contrary by the recipient.  The notice must 
  2.11  include the implications of continuing to receive IV-D services, 
  2.12  including the available services and fees, cost recovery fees, 
  2.13  and distribution policies relating to fees. 
  2.14     (b) An application fee of $25 shall be paid by the person 
  2.15  who applies for child support and maintenance collection 
  2.16  services, except persons who are receiving public assistance as 
  2.17  defined in section 256.741 and, if enacted, the diversionary 
  2.18  work program under section 256J.95, persons who transfer from 
  2.19  public assistance to nonpublic assistance status, and minor 
  2.20  parents and parents enrolled in a public secondary school, area 
  2.21  learning center, or alternative learning program approved by the 
  2.22  commissioner of children, families, and learning.  
  2.23     (c) When the public authority provides full IV-D services 
  2.24  to an obligee who has applied for those services, upon written 
  2.25  notice to the obligee, the public authority must charge a cost 
  2.26  recovery fee of one percent of the amount collected.  This fee 
  2.27  must be deducted from the amount of the child support and 
  2.28  maintenance collected and not assigned under section 256.741, 
  2.29  before disbursement to the obligee.  This fee applies to an 
  2.30  obligee who: 
  2.31     (1) has never received assistance under the state's title 
  2.32  IV-A, IV-E foster care, medical assistance, or MinnesotaCare 
  2.33  programs; 
  2.34     (2) has received assistance under the state's medical 
  2.35  assistance or MinnesotaCare programs.  The fee must be charged 
  2.36  immediately upon becoming ineligible; or 
  3.1      (3) has received assistance under the state's title IV-A or 
  3.2   IV-E foster care programs.  The fee must not be charged until 
  3.3   the person has not received these services for 24 consecutive 
  3.4   months.  
  3.5      (d) When the public authority provides full IV-D services 
  3.6   to an obligor who has applied for such services, upon written 
  3.7   notice to the obligor, the public authority must charge a cost 
  3.8   recovery fee of one percent of the monthly court ordered child 
  3.9   support and maintenance obligation.  The fee may be collected 
  3.10  through income withholding, as well as by any other enforcement 
  3.11  remedy available to the public authority responsible for child 
  3.12  support enforcement. 
  3.13     (e) Fees assessed by state and federal tax agencies for 
  3.14  collection of overdue support owed to or on behalf of a person 
  3.15  not receiving public assistance must be imposed on the person 
  3.16  for whom these services are provided.  The public authority upon 
  3.17  written notice to the obligee shall assess a fee of $25 to the 
  3.18  person not receiving public assistance for each successful 
  3.19  federal tax interception.  The fee must be withheld prior to the 
  3.20  release of the funds received from each interception and 
  3.21  deposited in the general fund. 
  3.22     (f) Cost recovery fees collected under paragraphs (c) and 
  3.23  (d) shall be considered child support program income according 
  3.24  to Code of Federal Regulations, title 45, section 304.50, and 
  3.25  shall be deposited in the cost recovery fee account established 
  3.26  under paragraph (h).  The commissioner of human services must 
  3.27  elect to recover costs based on either actual or standardized 
  3.28  costs. 
  3.29     However, (g) The limitations of this subdivision on the 
  3.30  assessment of fees shall not apply to the extent inconsistent 
  3.31  with the requirements of federal law for receiving funds for the 
  3.32  programs under Title IV-A and Title IV-D of the Social Security 
  3.33  Act, United States Code, title 42, sections 601 to 613 and 
  3.34  United States Code, title 42, sections 651 to 662.  
  3.35     (h) The commissioner of human services is authorized to 
  3.36  establish a special revenue fund account to receive child 
  4.1   support cost recovery fees.  A portion of the nonfederal share 
  4.2   of these fees may be retained for expenditures necessary to 
  4.3   administer the fee, and must be transferred to the child support 
  4.4   system special revenue account.  The remaining nonfederal share 
  4.5   of the cost recovery fee must be retained by the commissioner 
  4.6   and dedicated to the child support general fund county 
  4.7   performance based grant account authorized under sections 
  4.8   256.979 and 256.9791. 
  4.9      [EFFECTIVE DATE.] This section is effective July 1, 2004, 
  4.10  except paragraph (d) is effective July 1, 2005. 
  4.11     Sec. 2.  Minnesota Statutes 2002, section 518.6111, 
  4.12  subdivision 2, is amended to read: 
  4.13     Subd. 2.  [APPLICATION.] This section applies to all 
  4.14  support orders issued by a court or an administrative tribunal 
  4.15  and orders for or notices of withholding issued by the public 
  4.16  authority according to section 518.5513, subdivision 5, 
  4.17  paragraph (a), clause (5). 
  4.18     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
  4.19     Sec. 3.  Minnesota Statutes 2002, section 518.6111, 
  4.20  subdivision 3, is amended to read: 
  4.21     Subd. 3.  [ORDER.] Every support order must address income 
  4.22  withholding.  Whenever a support order is initially entered or 
  4.23  modified, the full amount of the support order must be 
  4.24  withheld subject to income withholding from the income of the 
  4.25  obligor.  If the obligee or obligor applies for either full IV-D 
  4.26  services or for income withholding only services from the public 
  4.27  authority responsible for child support enforcement, the full 
  4.28  amount of the support order must be withheld from the income of 
  4.29  the obligor and forwarded to the public authority.  Every order 
  4.30  for support or maintenance shall provide for a conspicuous 
  4.31  notice of the provisions of this section that complies with 
  4.32  section 518.68, subdivision 2.  An order without this notice 
  4.33  remains subject to this section.  This section applies 
  4.34  regardless of the source of income of the person obligated to 
  4.35  pay the support or maintenance. 
  4.36     A payor of funds shall implement income withholding 
  5.1   according to this section upon receipt of an order for or notice 
  5.2   of withholding.  The notice of withholding shall be on a form 
  5.3   provided by the commissioner of human services. 
  5.4      [EFFECTIVE DATE.] This section is effective July 1, 2004. 
  5.5      Sec. 4.  Minnesota Statutes 2002, section 518.6111, 
  5.6   subdivision 4, is amended to read: 
  5.7      Subd. 4.  [COLLECTION SERVICES.] (a) The commissioner of 
  5.8   human services shall prepare and make available to the courts a 
  5.9   notice of services that explains child support and maintenance 
  5.10  collection services available through the public authority, 
  5.11  including income withholding, and the fees for such services.  
  5.12  Upon receiving a petition for dissolution of marriage or legal 
  5.13  separation, the court administrator shall promptly send the 
  5.14  notice of services to the petitioner and respondent at the 
  5.15  addresses stated in the petition. 
  5.16     (b) Either the obligee or obligor may at any time apply to 
  5.17  the public authority for either full IV-D services or for income 
  5.18  withholding only services. 
  5.19     Upon receipt of a support order requiring income 
  5.20  withholding, a petitioner or respondent, who is not a recipient 
  5.21  of public assistance and does not receive child support services 
  5.22  from the public authority, shall apply to the public authority 
  5.23  for either full child support collection services or for income 
  5.24  withholding only services. 
  5.25     (c) For those persons applying for income withholding only 
  5.26  services, a monthly service fee of $15 must be charged to the 
  5.27  obligor.  This fee is in addition to the amount of the support 
  5.28  order and shall be withheld through income withholding.  The 
  5.29  public authority shall explain the service options in this 
  5.30  section to the affected parties and encourage the application 
  5.31  for full child support collection services. 
  5.32     (d) If the obligee is not a current recipient of public 
  5.33  assistance as defined in section 256.741, the person who applied 
  5.34  for services may at any time choose to terminate either full 
  5.35  IV-D services or income withholding only services regardless of 
  5.36  whether income withholding is currently in place.  The obligee 
  6.1   or obligor may reapply for either full IV-D services or income 
  6.2   withholding only services at any time.  Unless the applicant is 
  6.3   a recipient of public assistance as defined in section 256.741, 
  6.4   a $25 application fee shall be charged at the time of each 
  6.5   application.  
  6.6      (e) When a person terminates IV-D services, if an arrearage 
  6.7   for public assistance as defined in section 256.741 exists, the 
  6.8   public authority may continue income withholding, as well as use 
  6.9   any other enforcement remedy for the collection of child 
  6.10  support, until all public assistance arrears are paid in full.  
  6.11  Income withholding shall be in an amount equal to 20 percent of 
  6.12  the support order in effect at the time the services terminated. 
  6.13     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
  6.14     Sec. 5.  Minnesota Statutes 2002, section 518.6111, 
  6.15  subdivision 16, is amended to read: 
  6.16     Subd. 16.  [WAIVER.] (a) If the public authority is 
  6.17  providing child support and maintenance enforcement services and 
  6.18  child support or maintenance is not assigned under section 
  6.19  256.741, the court may waive the requirements of this section if 
  6.20  the court finds there is no arrearage in child support and 
  6.21  maintenance as of the date of the hearing and: 
  6.22     (1) one party demonstrates and the court finds determines 
  6.23  there is good cause to waive the requirements of this section or 
  6.24  to terminate an order for or notice of income withholding 
  6.25  previously entered under this section.  The court must make 
  6.26  written findings to include the reasons income withholding would 
  6.27  not be in the best interests of the child.  In cases involving a 
  6.28  modification of support, the court must also make a finding that 
  6.29  support payments have been timely made; or 
  6.30     (2) all parties reach an the obligee and obligor sign a 
  6.31  written agreement and the agreement providing for an alternative 
  6.32  payment arrangement which is approved reviewed and entered in 
  6.33  the record by the court after a finding that the agreement is 
  6.34  likely to result in regular and timely payments.  The court's 
  6.35  findings waiving the requirements of this paragraph shall 
  6.36  include a written explanation of the reasons why income 
  7.1   withholding would not be in the best interests of the child. 
  7.2      In addition to the other requirements in this subdivision, 
  7.3   if the case involves a modification of support, the court shall 
  7.4   make a finding that support has been timely made. 
  7.5      (b) If the public authority is not providing child support 
  7.6   and maintenance enforcement services and child support or 
  7.7   maintenance is not assigned under section 256.741, the court may 
  7.8   waive the requirements of this section if the parties sign a 
  7.9   written agreement.  
  7.10     (c) If the court waives income withholding, the obligee or 
  7.11  obligor may at any time request income withholding under 
  7.12  subdivision 7. 
  7.13     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
  7.14                             ARTICLE 2
  7.15                    ADDITIONAL JUDICIARY ISSUES
  7.16     Section 1.  Minnesota Statutes 2002, section 256B.15, 
  7.17  subdivision 1, is amended to read: 
  7.18     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  7.19  "medical assistance" includes the medical assistance program 
  7.20  under this chapter and the general assistance medical care 
  7.21  program under chapter 256D, but does not include the alternative 
  7.22  care program for nonmedical assistance recipients under section 
  7.23  256B.0913, subdivision 4 and alternative care for nonmedical 
  7.24  assistance recipients under section 256B.0913. 
  7.25     [EFFECTIVE DATE.] This section is effective July 1, 2003, 
  7.26  for decedents dying on or after that date. 
  7.27     Sec. 2.  Minnesota Statutes 2002, section 256B.15, 
  7.28  subdivision 1a, is amended to read: 
  7.29     Subd. 1a.  [ESTATES SUBJECT TO CLAIMS.] If a person 
  7.30  receives any medical assistance hereunder, on the person's 
  7.31  death, if single, or on the death of the survivor of a married 
  7.32  couple, either or both of whom received medical assistance, the 
  7.33  total amount paid for medical assistance rendered for the person 
  7.34  and spouse shall be filed as a claim against the estate of the 
  7.35  person or the estate of the surviving spouse in the court having 
  7.36  jurisdiction to probate the estate or to issue a decree of 
  8.1   descent according to sections 525.31 to 525.313.  
  8.2      A claim shall be filed if medical assistance was rendered 
  8.3   for either or both persons under one of the following 
  8.4   circumstances: 
  8.5      (a) the person was over 55 years of age, and received 
  8.6   services under this chapter, excluding alternative care; 
  8.7      (b) the person resided in a medical institution for six 
  8.8   months or longer, received services under this chapter excluding 
  8.9   alternative care, and, at the time of institutionalization or 
  8.10  application for medical assistance, whichever is later, the 
  8.11  person could not have reasonably been expected to be discharged 
  8.12  and returned home, as certified in writing by the person's 
  8.13  treating physician.  For purposes of this section only, a 
  8.14  "medical institution" means a skilled nursing facility, 
  8.15  intermediate care facility, intermediate care facility for 
  8.16  persons with mental retardation, nursing facility, or inpatient 
  8.17  hospital; or 
  8.18     (c) the person received general assistance medical care 
  8.19  services under chapter 256D.  
  8.20     The claim shall be considered an expense of the last 
  8.21  illness of the decedent for the purpose of section 524.3-805.  
  8.22  Any statute of limitations that purports to limit any county 
  8.23  agency or the state agency, or both, to recover for medical 
  8.24  assistance granted hereunder shall not apply to any claim made 
  8.25  hereunder for reimbursement for any medical assistance granted 
  8.26  hereunder.  Notice of the claim shall be given to all heirs and 
  8.27  devisees of the decedent whose identity can be ascertained with 
  8.28  reasonable diligence.  The notice must include procedures and 
  8.29  instructions for making an application for a hardship waiver 
  8.30  under subdivision 5; time frames for submitting an application 
  8.31  and determination; and information regarding appeal rights and 
  8.32  procedures.  Counties are entitled to one-half of the nonfederal 
  8.33  share of medical assistance collections from estates that are 
  8.34  directly attributable to county effort.  Counties are entitled 
  8.35  to ten percent of the collections for alternative care directly 
  8.36  attributable to county effort. 
  9.1      [EFFECTIVE DATE.] This section is effective July 1, 2003, 
  9.2   for decedents dying on or after that date. 
  9.3      Sec. 3.  Minnesota Statutes 2002, section 256B.15, 
  9.4   subdivision 2, is amended to read: 
  9.5      Subd. 2.  [LIMITATIONS ON CLAIMS.] The claim shall include 
  9.6   only the total amount of medical assistance rendered after age 
  9.7   55 or during a period of institutionalization described in 
  9.8   subdivision 1a, clause (b), and the total amount of general 
  9.9   assistance medical care rendered, and shall not include 
  9.10  interest.  Claims that have been allowed but not paid shall bear 
  9.11  interest according to section 524.3-806, paragraph (d).  A claim 
  9.12  against the estate of a surviving spouse who did not receive 
  9.13  medical assistance, for medical assistance rendered for the 
  9.14  predeceased spouse, is limited to the value of the assets of the 
  9.15  estate that were marital property or jointly owned property at 
  9.16  any time during the marriage.  Claims for alternative care shall 
  9.17  be net of all premiums paid under section 256B.0913, subdivision 
  9.18  12, on or after July 1, 2003, and shall be limited to services 
  9.19  provided on or after July 1, 2003. 
  9.20     [EFFECTIVE DATE.] This section is effective July 1, 2003, 
  9.21  for decedents dying on or after that date. 
  9.22     Sec. 4.  [514.991] [ALTERNATIVE CARE LIENS; DEFINITIONS.] 
  9.23     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  9.24  section apply to sections 514.991 to 514.995. 
  9.25     Subd. 2.  [ALTERNATIVE CARE AGENCY, AGENCY, OR 
  9.26  DEPARTMENT.] "Alternative care agency," "agency," or "department"
  9.27  means the department of human services when it pays for or 
  9.28  provides alternative care benefits for a nonmedical assistance 
  9.29  recipient directly or through a county social services agency 
  9.30  under chapter 256B according to section 256B.0913. 
  9.31     Subd. 3.  [ALTERNATIVE CARE BENEFIT OR 
  9.32  BENEFITS.] "Alternative care benefit" or "benefits" means a 
  9.33  benefit provided to a nonmedical assistance recipient under 
  9.34  chapter 256B according to section 256B.0913. 
  9.35     Subd. 4.  [ALTERNATIVE CARE RECIPIENT OR 
  9.36  RECIPIENT.] "Alternative care recipient" or "recipient" means a 
 10.1   person who receives alternative care grant benefits. 
 10.2      Subd. 5.  [ALTERNATIVE CARE LIEN OR LIEN.] "Alternative 
 10.3   care lien" or "lien" means a lien filed under sections 514.992 
 10.4   to 514.995. 
 10.5      [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 10.6   for services for persons first enrolling in the alternative care 
 10.7   program on or after that date and on the first day of the first 
 10.8   eligibility renewal period for persons enrolled in the 
 10.9   alternative care program prior to July 1, 2003. 
 10.10     Sec. 5.  [514.992] [ALTERNATIVE CARE LIEN.] 
 10.11     Subdivision 1.  [PROPERTY SUBJECT TO LIEN; LIEN AMOUNT.] (a)
 10.12  Subject to sections 514.991 to 514.995, payments made by an 
 10.13  alternative care agency to provide benefits to a recipient or to 
 10.14  the recipient's spouse who owns property in this state 
 10.15  constitute a lien in favor of the agency on all real property 
 10.16  the recipient owns at and after the time the benefits are first 
 10.17  paid. 
 10.18     (b) The amount of the lien is limited to benefits paid for 
 10.19  services provided to recipients over 55 years of age and 
 10.20  provided on and after July 1, 2003. 
 10.21     Subd. 2.  [ATTACHMENT.] (a) A lien attaches to and becomes 
 10.22  enforceable against specific real property as of the date when 
 10.23  all of the following conditions are met: 
 10.24     (1) the agency has paid benefits for a recipient; 
 10.25     (2) the recipient has been given notice and an opportunity 
 10.26  for a hearing under paragraph (b); 
 10.27     (3) the lien has been filed as provided for in section 
 10.28  514.993 or memorialized on the certificate of title for the 
 10.29  property it describes; and 
 10.30     (4) all restrictions against enforcement have ceased to 
 10.31  apply. 
 10.32     (b) An agency may not file a lien until it has sent the 
 10.33  recipient, their authorized representative, or their legal 
 10.34  representative written notice of its lien rights by certified 
 10.35  mail, return receipt requested, or registered mail and there has 
 10.36  been an opportunity for a hearing under section 256.045.  No 
 11.1   person other than the recipient shall have a right to a hearing 
 11.2   under section 256.045 prior to the time the lien is filed.  The 
 11.3   hearing shall be limited to whether the agency has met all of 
 11.4   the prerequisites for filing the lien and whether any of the 
 11.5   exceptions in this section apply. 
 11.6      (c) An agency may not file a lien against the recipient's 
 11.7   homestead when any of the following exceptions apply: 
 11.8      (1) while the recipient's spouse is also physically present 
 11.9   and lawfully and continuously residing in the homestead; 
 11.10     (2) a child of the recipient who is under age 21 or who is 
 11.11  blind or totally and permanently disabled according to 
 11.12  supplemental security income criteria is also physically present 
 11.13  on the property and lawfully and continuously residing on the 
 11.14  property from and after the date the recipient first receives 
 11.15  benefits; 
 11.16     (3) a child of the recipient who has also lawfully and 
 11.17  continuously resided on the property for a period beginning at 
 11.18  least two years before the first day of the month in which the 
 11.19  recipient began receiving alternative care, and who provided 
 11.20  uncompensated care to the recipient which enabled the recipient 
 11.21  to live without alternative care services for the two-year 
 11.22  period; 
 11.23     (4) a sibling of the recipient who has an ownership 
 11.24  interest in the property of record in the office of the county 
 11.25  recorder or registrar of titles for the county in which the real 
 11.26  property is located and who has also continuously occupied the 
 11.27  homestead for a period of at least one year immediately prior to 
 11.28  the first day of the first month in which the recipient received 
 11.29  benefits and continuously since that date. 
 11.30     (d) A lien only applies to the real property it describes. 
 11.31     Subd. 3.  [CONTINUATION OF LIEN.] A lien remains effective 
 11.32  from the time it is filed until it is paid, satisfied, 
 11.33  discharged, or becomes unenforceable under sections 514.991 to 
 11.34  514.995. 
 11.35     Subd. 4.  [PRIORITY OF LIEN.] (a) A lien which attaches to 
 11.36  the real property it describes is subject to the rights of 
 12.1   anyone else whose interest in the real property is perfected of 
 12.2   record before the lien has been recorded or filed under section 
 12.3   514.993, including: 
 12.4      (1) an owner, other than the recipient or the recipient's 
 12.5   spouse; 
 12.6      (2) a good faith purchaser for value without notice of the 
 12.7   lien; 
 12.8      (3) a holder of a mortgage or security interest; or 
 12.9      (4) a judgment lien creditor whose judgment lien has 
 12.10  attached to the recipient's interest in the real property. 
 12.11     (b) The rights of the other person have the same 
 12.12  protections against an alternative care lien as are afforded 
 12.13  against a judgment lien that arises out of an unsecured 
 12.14  obligation and arises as of the time of the filing of an 
 12.15  alternative care grant lien under section 514.993.  The lien 
 12.16  shall be inferior to a lien for property taxes and special 
 12.17  assessments and shall be superior to all other matters first 
 12.18  appearing of record after the time and date the lien is filed or 
 12.19  recorded. 
 12.20     Subd. 5.  [SETTLEMENT, SUBORDINATION, AND RELEASE.] (a) An 
 12.21  agency may, with absolute discretion, settle or subordinate the 
 12.22  lien to any other lien or encumbrance of record upon the terms 
 12.23  and conditions it deems appropriate. 
 12.24     (b) The agency filing the lien shall release and discharge 
 12.25  the lien: 
 12.26     (1) if it has been paid, discharged, or satisfied; 
 12.27     (2) if it has received reimbursement for the amounts 
 12.28  secured by the lien, has entered into a binding and legally 
 12.29  enforceable agreement under which it is reimbursed for the 
 12.30  amount of the lien, or receives other collateral sufficient to 
 12.31  secure payment of the lien; 
 12.32     (3) against some, but not all, of the property it describes 
 12.33  upon the terms, conditions, and circumstances the agency deems 
 12.34  appropriate; 
 12.35     (4) to the extent it cannot be lawfully enforced against 
 12.36  the property it describes because of an error, omission, or 
 13.1   other material defect in the legal description contained in the 
 13.2   lien or a necessary prerequisite to enforcement of the lien; and 
 13.3      (5) if, in its discretion, it determines the filing or 
 13.4   enforcement of the lien is contrary to the public interest. 
 13.5      (c) The agency executing the lien shall execute and file 
 13.6   the release as provided for in section 514.993, subdivision 2. 
 13.7      Subd. 6.  [LENGTH OF LIEN.] (a) A lien shall be a lien on 
 13.8   the real property it describes for a period of ten years from 
 13.9   the date it attaches according to subdivision 2, paragraph (a), 
 13.10  except as otherwise provided for in sections 514.992 to 
 13.11  514.995.  The agency filing the lien may renew the lien for one 
 13.12  additional ten-year period from the date it would otherwise 
 13.13  expire by recording or filing a certificate of renewal before 
 13.14  the lien expires.  The certificate of renewal shall be recorded 
 13.15  or filed in the office of the county recorder or registrar of 
 13.16  titles for the county in which the lien is recorded or filed.  
 13.17  The certificate must refer to the recording or filing data for 
 13.18  the lien it renews.  The certificate need not be attested, 
 13.19  certified, or acknowledged as a condition for recording or 
 13.20  filing.  The recorder or registrar of titles shall record, file, 
 13.21  index, and return the certificate of renewal in the same manner 
 13.22  provided for liens in section 514.993, subdivision 2. 
 13.23     (b) An alternative care lien is not enforceable against the 
 13.24  real property of an estate to the extent there is a 
 13.25  determination by a court of competent jurisdiction, or by an 
 13.26  officer of the court designated for that purpose, that there are 
 13.27  insufficient assets in the estate to satisfy the lien in whole 
 13.28  or in part because of the homestead exemption under section 
 13.29  256B.15, subdivision 4, the rights of a surviving spouse or a 
 13.30  minor child under section 524.2-403, paragraphs (a) and (b), or 
 13.31  claims with a priority under section 524.3-805, paragraph (a), 
 13.32  clauses (1) to (4).  For purposes of this section, the rights of 
 13.33  the decedent's adult children to exempt property under section 
 13.34  524.2-403, paragraph (b), shall not be considered costs of 
 13.35  administration under section 524.3-805, paragraph (a), clause 
 13.36  (1). 
 14.1      [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 14.2   for services for persons first enrolling in the alternative care 
 14.3   program on or after that date and on the first day of the first 
 14.4   eligibility renewal period for persons enrolled in the 
 14.5   alternative care program prior to July 1, 2003. 
 14.6      Sec. 6.  [514.993] [LIEN; CONTENTS AND FILING.] 
 14.7      Subdivision 1.  [CONTENTS.] A lien shall be dated and must 
 14.8   contain: 
 14.9      (1) the recipient's full name, last known address, and 
 14.10  social security number; 
 14.11     (2) a statement that benefits have been paid to or for the 
 14.12  recipient's benefit; 
 14.13     (3) a statement that all of the recipient's interests in 
 14.14  the in the real property described in the lien may be subject to 
 14.15  or affected by the agency's right to reimbursement for benefits; 
 14.16     (4) a legal description of the real property subject to the 
 14.17  lien and whether it is registered or abstract property; 
 14.18     (5) such other contents, if any, as the agency deems 
 14.19  appropriate. 
 14.20     Subd. 2.  [FILING.] Any lien, release, or other document 
 14.21  required or permitted to be filed under sections 514.991 to 
 14.22  514.995 must be recorded or filed in the office of the county 
 14.23  recorder or registrar of titles, as appropriate, in the county 
 14.24  where the real property is located.  Notwithstanding section 
 14.25  386.77, the agency shall pay the applicable filing fee for any 
 14.26  documents filed under sections 514.991 to 514.995.  An 
 14.27  attestation, certification, or acknowledgment is not required as 
 14.28  a condition of filing.  If the property described in the lien is 
 14.29  registered property, the registrar of titles shall record it on 
 14.30  the certificate of title for each parcel of property described 
 14.31  in the lien.  If the property described in the lien is abstract 
 14.32  property, the recorder shall file the lien in the county's 
 14.33  grantor-grantee indexes and any tract indexes the county 
 14.34  maintains for each parcel of property described in the lien.  
 14.35  The recorder or registrar shall return the recorded or filed 
 14.36  lien to the agency at no cost.  If the agency provides a 
 15.1   duplicate copy of the lien, the recorder or registrar of titles 
 15.2   shall show the recording or filing data on the copy and return 
 15.3   it to the agency at no cost.  The agency is responsible for 
 15.4   filing any lien, release, or other documents under sections 
 15.5   514.991 to 514.995. 
 15.6      [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 15.7   for services for persons first enrolling in the alternative care 
 15.8   program on or after that date and on the first day of the first 
 15.9   eligibility renewal period for persons enrolled in the 
 15.10  alternative care program prior to July 1, 2003. 
 15.11     Sec. 7.  [514.994] [ENFORCEMENT; OTHER REMEDIES.] 
 15.12     Subdivision 1.  [FORECLOSURE OR ENFORCEMENT OF LIEN.] The 
 15.13  agency may enforce or foreclose a lien filed under sections 
 15.14  514.991 to 514.995 in the manner provided for by law for 
 15.15  enforcement of judgment liens against real estate or by a 
 15.16  foreclosure by action under chapter 581.  The lien shall remain 
 15.17  enforceable as provided for in sections 514.991 to 514.995 
 15.18  notwithstanding any laws limiting the enforceability of 
 15.19  judgments. 
 15.20     Subd. 2.  [HOMESTEAD EXEMPTION.] The lien may not be 
 15.21  enforced against the homestead property of the recipient or the 
 15.22  spouse while they physically occupy it as their lawful residence.
 15.23     Subd. 3.  [AGENCY CLAIM OR REMEDY.] Sections 514.992 to 
 15.24  514.995 do not limit the agency's right to file a claim against 
 15.25  the recipient's estate or the estate of the recipient's spouse, 
 15.26  do not limit any other claims for reimbursement the agency may 
 15.27  have, and do not limit the availability of any other remedy to 
 15.28  the agency. 
 15.29     [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 15.30  for services for persons first enrolling in the alternative care 
 15.31  program on or after that date and on the first day of the first 
 15.32  eligibility renewal period for persons enrolled in the 
 15.33  alternative care program prior to July 1, 2003. 
 15.34     Sec. 8.  [514.995] [AMOUNTS RECEIVED TO SATISFY LIEN.] 
 15.35     Amounts the agency receives to satisfy the lien must be 
 15.36  deposited in the state treasury and credited to the fund from 
 16.1   which the benefits were paid. 
 16.2      [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 16.3   for services for persons first enrolling in the alternative care 
 16.4   program on or after that date and on the first day of the first 
 16.5   eligibility renewal period for persons enrolled in the 
 16.6   alternative care program prior to July 1, 2003. 
 16.7      Sec. 9.  Minnesota Statutes 2002, section 524.3-805, is 
 16.8   amended to read: 
 16.9      524.3-805 [CLASSIFICATION OF CLAIMS.] 
 16.10     (a) If the applicable assets of the estate are insufficient 
 16.11  to pay all claims in full, the personal representative shall 
 16.12  make payment in the following order: 
 16.13     (1) costs and expenses of administration; 
 16.14     (2) reasonable funeral expenses; 
 16.15     (3) debts and taxes with preference under federal law; 
 16.16     (4) reasonable and necessary medical, hospital, or nursing 
 16.17  home expenses of the last illness of the decedent, including 
 16.18  compensation of persons attending the decedent, a claim filed 
 16.19  under section 256B.15 for recovery of expenditures for 
 16.20  alternative care for nonmedical assistance recipients under 
 16.21  section 256B.0913, and including a claim filed pursuant to 
 16.22  section 256B.15; 
 16.23     (5) reasonable and necessary medical, hospital, and nursing 
 16.24  home expenses for the care of the decedent during the year 
 16.25  immediately preceding death; 
 16.26     (6) debts with preference under other laws of this state, 
 16.27  and state taxes; 
 16.28     (7) all other claims. 
 16.29     (b) No preference shall be given in the payment of any 
 16.30  claim over any other claim of the same class, and a claim due 
 16.31  and payable shall not be entitled to a preference over claims 
 16.32  not due, except that if claims for expenses of the last illness 
 16.33  involve only claims filed under section 256B.15 for recovery of 
 16.34  expenditures for alternative care for nonmedical assistance 
 16.35  recipients under section 256B.0913, section 246.53 for costs of 
 16.36  state hospital care and claims filed under section 256B.15, 
 17.1   claims filed to recover expenditures for alternative care for 
 17.2   nonmedical assistance recipients under section 256B.0913 shall 
 17.3   have preference over claims filed under both sections 246.53 and 
 17.4   other claims filed under section 256B.15, and claims filed under 
 17.5   section 246.53 have preference over claims filed under section 
 17.6   256B.15 for recovery of amounts other than those for 
 17.7   expenditures for alternative care for nonmedical assistance 
 17.8   recipients under section 256B.0913. 
 17.9      [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 17.10  for decedents dying on or after that date. 
 17.11                             ARTICLE 3
 17.12                      CRIME PREVENTION ISSUES
 17.13     Section 1.  Minnesota Statutes 2002, section 245.4874, is 
 17.14  amended to read: 
 17.15     245.4874 [DUTIES OF COUNTY BOARD.] 
 17.16     The county board in each county shall use its share of 
 17.17  mental health and Community Social Services Act funds allocated 
 17.18  by the commissioner according to a biennial children's mental 
 17.19  health component of the community social services plan required 
 17.20  under section 245.4888, and approved by the commissioner.  The 
 17.21  county board must: 
 17.22     (1) develop a system of affordable and locally available 
 17.23  children's mental health services according to sections 245.487 
 17.24  to 245.4888; 
 17.25     (2) establish a mechanism providing for interagency 
 17.26  coordination as specified in section 245.4875, subdivision 6; 
 17.27     (3) develop a biennial children's mental health component 
 17.28  of the community social services plan required under section 
 17.29  256E.09 which considers the assessment of unmet needs in the 
 17.30  county as reported by the local children's mental health 
 17.31  advisory council under section 245.4875, subdivision 5, 
 17.32  paragraph (b), clause (3).  The county shall provide, upon 
 17.33  request of the local children's mental health advisory council, 
 17.34  readily available data to assist in the determination of unmet 
 17.35  needs; 
 17.36     (4) assure that parents and providers in the county receive 
 18.1   information about how to gain access to services provided 
 18.2   according to sections 245.487 to 245.4888; 
 18.3      (5) coordinate the delivery of children's mental health 
 18.4   services with services provided by social services, education, 
 18.5   corrections, health, and vocational agencies to improve the 
 18.6   availability of mental health services to children and the 
 18.7   cost-effectiveness of their delivery; 
 18.8      (6) assure that mental health services delivered according 
 18.9   to sections 245.487 to 245.4888 are delivered expeditiously and 
 18.10  are appropriate to the child's diagnostic assessment and 
 18.11  individual treatment plan; 
 18.12     (7) provide the community with information about predictors 
 18.13  and symptoms of emotional disturbances and how to access 
 18.14  children's mental health services according to sections 245.4877 
 18.15  and 245.4878; 
 18.16     (8) provide for case management services to each child with 
 18.17  severe emotional disturbance according to sections 245.486; 
 18.18  245.4871, subdivisions 3 and 4; and 245.4881, subdivisions 1, 3, 
 18.19  and 5; 
 18.20     (9) provide for screening of each child under section 
 18.21  245.4885 upon admission to a residential treatment facility, 
 18.22  acute care hospital inpatient treatment, or informal admission 
 18.23  to a regional treatment center; 
 18.24     (10) prudently administer grants and purchase-of-service 
 18.25  contracts that the county board determines are necessary to 
 18.26  fulfill its responsibilities under sections 245.487 to 245.4888; 
 18.27     (11) assure that mental health professionals, mental health 
 18.28  practitioners, and case managers employed by or under contract 
 18.29  to the county to provide mental health services are qualified 
 18.30  under section 245.4871; 
 18.31     (12) assure that children's mental health services are 
 18.32  coordinated with adult mental health services specified in 
 18.33  sections 245.461 to 245.486 so that a continuum of mental health 
 18.34  services is available to serve persons with mental illness, 
 18.35  regardless of the person's age; and 
 18.36     (13) assure that culturally informed mental health 
 19.1   consultants are used as necessary to assist the county board in 
 19.2   assessing and providing appropriate treatment for children of 
 19.3   cultural or racial minority heritage; and 
 19.4      (14) arrange for or provide a children's mental health 
 19.5   screening to a child receiving child protective services or a 
 19.6   child in out-of-home placement, a child for whom parental rights 
 19.7   have been terminated, a child alleged or found to be delinquent, 
 19.8   and a child found to have committed a juvenile petty offense for 
 19.9   the third or subsequent time, unless a screening has been 
 19.10  performed within the previous 180 days, or the child is 
 19.11  currently under the care of a mental health professional.  The 
 19.12  screening shall be conducted with a screening instrument 
 19.13  approved by the commissioner of human services and shall be 
 19.14  conducted by a mental health practitioner as defined in section 
 19.15  245.4871, subdivision 26, or a probation officer or local social 
 19.16  services agency staff person who is trained in the use of the 
 19.17  screening instrument.  If the screen indicates a need for 
 19.18  assessment, the child's family, or if the family lacks mental 
 19.19  health insurance, the local social services agency, in 
 19.20  consultation with the child's family, shall have conducted a 
 19.21  diagnostic assessment, including a functional assessment, as 
 19.22  defined in section 245.4871. 
 19.23     Sec. 2.  Minnesota Statutes 2002, section 260B.157, 
 19.24  subdivision 1, is amended to read: 
 19.25     Subdivision 1.  [INVESTIGATION.] Upon request of the court 
 19.26  the local social services agency or probation officer shall 
 19.27  investigate the personal and family history and environment of 
 19.28  any minor coming within the jurisdiction of the court under 
 19.29  section 260B.101 and shall report its findings to the court.  
 19.30  The court may order any minor coming within its jurisdiction to 
 19.31  be examined by a duly qualified physician, psychiatrist, or 
 19.32  psychologist appointed by the court.  
 19.33     The court shall have a chemical use assessment conducted 
 19.34  when a child is (1) found to be delinquent for violating a 
 19.35  provision of chapter 152, or for committing a felony-level 
 19.36  violation of a provision of chapter 609 if the probation officer 
 20.1   determines that alcohol or drug use was a contributing factor in 
 20.2   the commission of the offense, or (2) alleged to be delinquent 
 20.3   for violating a provision of chapter 152, if the child is being 
 20.4   held in custody under a detention order.  The assessor's 
 20.5   qualifications and the assessment criteria shall comply with 
 20.6   Minnesota Rules, parts 9530.6600 to 9530.6655.  If funds under 
 20.7   chapter 254B are to be used to pay for the recommended 
 20.8   treatment, the assessment and placement must comply with all 
 20.9   provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and 
 20.10  9530.7000 to 9530.7030.  The commissioner of human services 
 20.11  shall reimburse the court for the cost of the chemical use 
 20.12  assessment, up to a maximum of $100. 
 20.13     The court shall have a children's mental health screening 
 20.14  conducted when a child is alleged to be delinquent or is found 
 20.15  to be delinquent.  The screening shall be conducted with a 
 20.16  screening instrument approved by the commissioner of human 
 20.17  services and shall be conducted by a mental health practitioner 
 20.18  as defined in section 245.4871, subdivision 26, or a probation 
 20.19  officer who is trained in the use of the screening instrument.  
 20.20  If the screening indicates a need for assessment, the local 
 20.21  social services agency, in consultation with the child's family, 
 20.22  shall have a diagnostic assessment conducted, including a 
 20.23  functional assessment, as defined in section 245.4871. 
 20.24     With the consent of the commissioner of corrections and 
 20.25  agreement of the county to pay the costs thereof, the court may, 
 20.26  by order, place a minor coming within its jurisdiction in an 
 20.27  institution maintained by the commissioner for the detention, 
 20.28  diagnosis, custody and treatment of persons adjudicated to be 
 20.29  delinquent, in order that the condition of the minor be given 
 20.30  due consideration in the disposition of the case.  Any funds 
 20.31  received under the provisions of this subdivision shall not 
 20.32  cancel until the end of the fiscal year immediately following 
 20.33  the fiscal year in which the funds were received.  The funds are 
 20.34  available for use by the commissioner of corrections during that 
 20.35  period and are hereby appropriated annually to the commissioner 
 20.36  of corrections as reimbursement of the costs of providing these 
 21.1   services to the juvenile courts.  
 21.2      Sec. 3.  Minnesota Statutes 2002, section 260B.176, 
 21.3   subdivision 2, is amended to read: 
 21.4      Subd. 2.  [REASONS FOR DETENTION.] (a) If the child is not 
 21.5   released as provided in subdivision 1, the person taking the 
 21.6   child into custody shall notify the court as soon as possible of 
 21.7   the detention of the child and the reasons for detention.  
 21.8      (b) No child may be detained in a juvenile secure detention 
 21.9   facility or shelter care facility longer than 36 hours, 
 21.10  excluding Saturdays, Sundays, and holidays, after being taken 
 21.11  into custody for a delinquent act as defined in section 
 21.12  260B.007, subdivision 6, unless a petition has been filed and 
 21.13  the judge or referee determines pursuant to section 260B.178 
 21.14  that the child shall remain in detention.  
 21.15     (c) No child may be detained in an adult jail or municipal 
 21.16  lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 21.17  holidays, or longer than six hours in an adult jail or municipal 
 21.18  lockup in a standard metropolitan statistical area, after being 
 21.19  taken into custody for a delinquent act as defined in section 
 21.20  260B.007, subdivision 6, unless: 
 21.21     (1) a petition has been filed under section 260B.141; and 
 21.22     (2) a judge or referee has determined under section 
 21.23  260B.178 that the child shall remain in detention. 
 21.24     After August 1, 1991, no child described in this paragraph 
 21.25  may be detained in an adult jail or municipal lockup longer than 
 21.26  24 hours, excluding Saturdays, Sundays, and holidays, or longer 
 21.27  than six hours in an adult jail or municipal lockup in a 
 21.28  standard metropolitan statistical area, unless the requirements 
 21.29  of this paragraph have been met and, in addition, a motion to 
 21.30  refer the child for adult prosecution has been made under 
 21.31  section 260B.125.  Notwithstanding this paragraph, continued 
 21.32  detention of a child in an adult detention facility outside of a 
 21.33  standard metropolitan statistical area county is permissible if: 
 21.34     (i) the facility in which the child is detained is located 
 21.35  where conditions of distance to be traveled or other ground 
 21.36  transportation do not allow for court appearances within 24 
 22.1   hours.  A delay not to exceed 48 hours may be made under this 
 22.2   clause; or 
 22.3      (ii) the facility is located where conditions of safety 
 22.4   exist.  Time for an appearance may be delayed until 24 hours 
 22.5   after the time that conditions allow for reasonably safe 
 22.6   travel.  "Conditions of safety" include adverse life-threatening 
 22.7   weather conditions that do not allow for reasonably safe travel. 
 22.8      The continued detention of a child under clause (i) or (ii) 
 22.9   must be reported to the commissioner of corrections. 
 22.10     (d) If a child described in paragraph (c) is to be detained 
 22.11  in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
 22.12  holidays, the judge or referee, in accordance with rules and 
 22.13  procedures established by the commissioner of corrections, shall 
 22.14  notify the commissioner of the place of the detention and the 
 22.15  reasons therefor.  The commissioner shall thereupon assist the 
 22.16  court in the relocation of the child in an appropriate juvenile 
 22.17  secure detention facility or approved jail within the county or 
 22.18  elsewhere in the state, or in determining suitable 
 22.19  alternatives.  The commissioner shall direct that a child 
 22.20  detained in a jail be detained after eight days from and 
 22.21  including the date of the original detention order in an 
 22.22  approved juvenile secure detention facility with the approval of 
 22.23  the administrative authority of the facility.  If the court 
 22.24  refers the matter to the prosecuting authority pursuant to 
 22.25  section 260B.125, notice to the commissioner shall not be 
 22.26  required.  
 22.27     (e) When a child is detained for an alleged delinquent act 
 22.28  in a state licensed juvenile facility or program, or when a 
 22.29  child is detained in an adult jail or municipal lockup as 
 22.30  provided in paragraph (c), the supervisor of the facility shall, 
 22.31  if the child's parent or legal guardian consents, have a 
 22.32  children's mental health screening conducted with a screening 
 22.33  instrument approved by the commissioner of human services, 
 22.34  unless a screening has been performed within the previous 180 
 22.35  days or the child is currently under the care of a mental health 
 22.36  professional.  The screening shall be conducted by a mental 
 23.1   health practitioner as defined in section 245.4871, subdivision 
 23.2   26, or a probation officer who is trained in the use of the 
 23.3   screening instrument.  The screening shall be conducted after 
 23.4   the initial detention hearing has been held and the court has 
 23.5   ordered the child continued in detention.  The results of the 
 23.6   screening may only be presented to the court at the 
 23.7   dispositional phase of the court proceedings on the matter 
 23.8   unless the parent or legal guardian consents to presentation at 
 23.9   a different time.  If the screening indicates a need for 
 23.10  assessment, the local social services agency or probation 
 23.11  officer, with the approval of the child's parent or legal 
 23.12  guardian, shall have a diagnostic assessment conducted, 
 23.13  including a functional assessment, as defined in section 
 23.14  245.4871. 
 23.15     Sec. 4.  Minnesota Statutes 2002, section 260B.178, 
 23.16  subdivision 1, is amended to read: 
 23.17     Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) The 
 23.18  court shall hold a detention hearing: 
 23.19     (1) within 36 hours of the time the child was taken into 
 23.20  custody, excluding Saturdays, Sundays, and holidays, if the 
 23.21  child is being held at a juvenile secure detention facility or 
 23.22  shelter care facility; or 
 23.23     (2) within 24 hours of the time the child was taken into 
 23.24  custody, excluding Saturdays, Sundays, and holidays, if the 
 23.25  child is being held at an adult jail or municipal lockup.  
 23.26     (b) Unless there is reason to believe that the child would 
 23.27  endanger self or others, not return for a court hearing, run 
 23.28  away from the child's parent, guardian, or custodian or 
 23.29  otherwise not remain in the care or control of the person to 
 23.30  whose lawful custody the child is released, or that the child's 
 23.31  health or welfare would be immediately endangered, the child 
 23.32  shall be released to the custody of a parent, guardian, 
 23.33  custodian, or other suitable person, subject to reasonable 
 23.34  conditions of release including, but not limited to, a 
 23.35  requirement that the child undergo a chemical use assessment as 
 23.36  provided in section 260B.157, subdivision 1, and a children's 
 24.1   mental health screening as provided in section 260B.176, 
 24.2   subdivision 2, paragraph (e).  In determining whether the 
 24.3   child's health or welfare would be immediately endangered, the 
 24.4   court shall consider whether the child would reside with a 
 24.5   perpetrator of domestic child abuse.  
 24.6      Sec. 5.  Minnesota Statutes 2002, section 260B.193, 
 24.7   subdivision 2, is amended to read: 
 24.8      Subd. 2.  [CONSIDERATION OF REPORTS.] Before making a 
 24.9   disposition in a case, or appointing a guardian for a child, the 
 24.10  court may consider any report or recommendation made by the 
 24.11  local social services agency, probation officer, licensed 
 24.12  child-placing agency, foster parent, guardian ad litem, tribal 
 24.13  representative, or other authorized advocate for the child or 
 24.14  child's family, a school district concerning the effect on 
 24.15  student transportation of placing a child in a school district 
 24.16  in which the child is not a resident, or any other information 
 24.17  deemed material by the court.  In addition, the court may 
 24.18  consider the results of the children's mental health screening 
 24.19  provided in section 260B.157, subdivision 1. 
 24.20     Sec. 6.  Minnesota Statutes 2002, section 260B.235, 
 24.21  subdivision 6, is amended to read: 
 24.22     Subd. 6.  [ALTERNATIVE DISPOSITION.] In addition to 
 24.23  dispositional alternatives authorized by subdivision 3 4, in the 
 24.24  case of a third or subsequent finding by the court pursuant to 
 24.25  an admission in court or after trial that a child has committed 
 24.26  a juvenile alcohol or controlled substance offense, the juvenile 
 24.27  court shall order a chemical dependency evaluation of the child 
 24.28  and if warranted by the evaluation, the court may order 
 24.29  participation by the child in an inpatient or outpatient 
 24.30  chemical dependency treatment program, or any other treatment 
 24.31  deemed appropriate by the court.  In the case of a third or 
 24.32  subsequent finding that a child has committed any juvenile petty 
 24.33  offense, the court shall order a children's mental health 
 24.34  screening be conducted as provided in section 260B.157, 
 24.35  subdivision 1, and if indicated by the screening, to undergo a 
 24.36  diagnostic assessment, including a functional assessment, as 
 25.1   defined in section 245.4871. 
 25.2      Sec. 7.  [EFFECTIVE DATE.] 
 25.3      Article 3 is effective July 1, 2004.