HF 3027

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/28/2014 12:40pm

A bill for an act
relating to human services; modifying provisions relating to children and
family services; changing requirements for the Northstar Care for Children
program, background studies, adoption, and licensing; making technical
changes; amending Minnesota Statutes 2012, sections 245C.04, by adding a
subdivision; 256I.04, subdivision 2a; 257.85, subdivision 11; 259.41, subdivision
1; Minnesota Statutes 2013 Supplement, sections 245A.1435; 245A.50,
subdivision 5; 252.27, subdivision 2a; 256B.055, subdivision 1; 256D.44,
subdivision 5; 256N.02, by adding a subdivision; 256N.21, subdivision 2, by
adding a subdivision; 256N.22, subdivision 6; 256N.23, subdivision 1; 256N.24,
subdivisions 9, 10; 259.35, subdivision 1; 609B.445; proposing coding for new
law in Minnesota Statutes, chapter 245A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

NORTHSTAR CARE FOR CHILDREN

Section 1.

Minnesota Statutes 2013 Supplement, section 252.27, subdivision 2a,
is amended to read:

Subd. 2a.

Contribution amount.

(a) The natural or adoptive parents of a minor
child, including a child determined eligible for medical assistance without consideration of
parental income, must contribute to the cost of services used by making monthly payments
on a sliding scale based on income, unless the child is married or has been married,
parental rights have been terminated, or the child's adoption is subsidized according to
chapter new text begin 256N or new text end 259A or through title IV-E of the Social Security Act. The parental
contribution is a partial or full payment for medical services provided for diagnostic,
therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care
services as defined in United States Code, title 26, section 213, needed by the child with a
chronic illness or disability.

(b) For households with adjusted gross income equal to or greater than 275 percent
of federal poverty guidelines, the parental contribution shall be computed by applying the
following schedule of rates to the adjusted gross income of the natural or adoptive parents:

(1) if the adjusted gross income is equal to or greater than 275 percent of federal
poverty guidelines and less than or equal to 545 percent of federal poverty guidelines,
the parental contribution shall be determined using a sliding fee scale established by the
commissioner of human services which begins at 2.76 percent of adjusted gross income
at 275 percent of federal poverty guidelines and increases to 7.5 percent of adjusted
gross income for those with adjusted gross income up to 545 percent of federal poverty
guidelines;

(2) if the adjusted gross income is greater than 545 percent of federal poverty
guidelines and less than 675 percent of federal poverty guidelines, the parental
contribution shall be 7.5 percent of adjusted gross income;

(3) if the adjusted gross income is equal to or greater than 675 percent of federal
poverty guidelines and less than 975 percent of federal poverty guidelines, the parental
contribution shall be determined using a sliding fee scale established by the commissioner
of human services which begins at 7.5 percent of adjusted gross income at 675 percent of
federal poverty guidelines and increases to ten percent of adjusted gross income for those
with adjusted gross income up to 975 percent of federal poverty guidelines; and

(4) if the adjusted gross income is equal to or greater than 975 percent of federal
poverty guidelines, the parental contribution shall be 12.5 percent of adjusted gross income.

If the child lives with the parent, the annual adjusted gross income is reduced by
$2,400 prior to calculating the parental contribution. If the child resides in an institution
specified in section 256B.35, the parent is responsible for the personal needs allowance
specified under that section in addition to the parental contribution determined under this
section. The parental contribution is reduced by any amount required to be paid directly to
the child pursuant to a court order, but only if actually paid.

(c) The household size to be used in determining the amount of contribution under
paragraph (b) includes natural and adoptive parents and their dependents, including the
child receiving services. Adjustments in the contribution amount due to annual changes
in the federal poverty guidelines shall be implemented on the first day of July following
publication of the changes.

(d) For purposes of paragraph (b), "income" means the adjusted gross income of the
natural or adoptive parents determined according to the previous year's federal tax form,
except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds
have been used to purchase a home shall not be counted as income.

(e) The contribution shall be explained in writing to the parents at the time eligibility
for services is being determined. The contribution shall be made on a monthly basis
effective with the first month in which the child receives services. Annually upon
redetermination or at termination of eligibility, if the contribution exceeded the cost of
services provided, the local agency or the state shall reimburse that excess amount to
the parents, either by direct reimbursement if the parent is no longer required to pay a
contribution, or by a reduction in or waiver of parental fees until the excess amount is
exhausted. All reimbursements must include a notice that the amount reimbursed may be
taxable income if the parent paid for the parent's fees through an employer's health care
flexible spending account under the Internal Revenue Code, section 125, and that the
parent is responsible for paying the taxes owed on the amount reimbursed.

(f) The monthly contribution amount must be reviewed at least every 12 months;
when there is a change in household size; and when there is a loss of or gain in income
from one month to another in excess of ten percent. The local agency shall mail a written
notice 30 days in advance of the effective date of a change in the contribution amount.
A decrease in the contribution amount is effective in the month that the parent verifies a
reduction in income or change in household size.

(g) Parents of a minor child who do not live with each other shall each pay the
contribution required under paragraph (a). An amount equal to the annual court-ordered
child support payment actually paid on behalf of the child receiving services shall be
deducted from the adjusted gross income of the parent making the payment prior to
calculating the parental contribution under paragraph (b).

(h) The contribution under paragraph (b) shall be increased by an additional five
percent if the local agency determines that insurance coverage is available but not
obtained for the child. For purposes of this section, "available" means the insurance is a
benefit of employment for a family member at an annual cost of no more than five percent
of the family's annual income. For purposes of this section, "insurance" means health
and accident insurance coverage, enrollment in a nonprofit health service plan, health
maintenance organization, self-insured plan, or preferred provider organization.

Parents who have more than one child receiving services shall not be required
to pay more than the amount for the child with the highest expenditures. There shall
be no resource contribution from the parents. The parent shall not be required to pay
a contribution in excess of the cost of the services provided to the child, not counting
payments made to school districts for education-related services. Notice of an increase in
fee payment must be given at least 30 days before the increased fee is due.

(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if,
in the 12 months prior to July 1:

(1) the parent applied for insurance for the child;

(2) the insurer denied insurance;

(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted
a complaint or appeal, in writing, to the commissioner of health or the commissioner of
commerce, or litigated the complaint or appeal; and

(4) as a result of the dispute, the insurer reversed its decision and granted insurance.

For purposes of this section, "insurance" has the meaning given in paragraph (h).

A parent who has requested a reduction in the contribution amount under this
paragraph shall submit proof in the form and manner prescribed by the commissioner or
county agency, including, but not limited to, the insurer's denial of insurance, the written
letter or complaint of the parents, court documents, and the written response of the insurer
approving insurance. The determinations of the commissioner or county agency under this
paragraph are not rules subject to chapter 14.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 256B.055, subdivision 1, is
amended to read:

Subdivision 1.

Children eligible for subsidized adoption assistance.

Medical
assistance may be paid for a child eligible for or receiving adoption assistance payments
under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to
676, and to any child who is not title IV-E eligible but who was determined eligible for
adoption assistance under new text begin chapter 256N or new text end section 259A.10, subdivision 2, and has a
special need for medical or rehabilitative care.

Sec. 3.

Minnesota Statutes 2013 Supplement, section 256N.02, is amended by adding a
subdivision to read:

new text begin Subd. 14a. new text end

new text begin Licensed child foster parent. new text end

new text begin "Licensed child foster parent" means a
person who is licensed for child foster care under Minnesota Rules, parts 2960.3000 to
2960.3340, or licensed by a Minnesota tribe in accordance with tribal standards.
new text end

Sec. 4.

Minnesota Statutes 2013 Supplement, section 256N.21, subdivision 2, is
amended to read:

Subd. 2.

Placement in foster care.

To be eligible for foster care benefits under this
section, the child must be in placement away from the child's legal parent or guardian
and deleted text begin all of the following criteria must be met deleted text end new text begin must meet the criteria in clause (1) and
either clause (2) or (3) new text end :

(1) deleted text begin the legally responsible agency must have placement authority and care
responsibility, including for a child 18 years old or older and under age 21, who maintains
eligibility for foster care consistent with section 260C.451;
deleted text end

deleted text begin (2) deleted text end the legally responsible agency must have new text begin placement new text end authority new text begin and care
responsibility new text end to place the child with a voluntary placement agreement or a court order,
consistent with sections 260B.198, 260C.001, 260D.01, or deleted text begin continued eligibility deleted text end consistent
with section 260C.451 new text begin for a child 18 years old or older and under age 21 who maintains
eligibility for foster care new text end ; and

deleted text begin (3) deleted text end new text begin (2) new text end the child must be placed deleted text begin in an emergency relative placement under section
245A.035, deleted text end new text begin with new text end a licensed deleted text begin foster family setting, foster residence setting, or treatment
foster care setting licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, a
family foster home licensed or approved by a tribal agency or, for a child 18 years old or
older and under age 21, deleted text end new text begin child foster parent; or
new text end

new text begin (3) the child must be placed in one of the following unlicensed child foster care
settings:
new text end

new text begin (i) an emergency relative placement under section 245A.035, with the legally
responsible agency ensuring the relative completes the required child foster care
application process;
new text end

new text begin (ii) a licensed adult foster home with an approved six-month variance under section
245A.16; or
new text end

new text begin (iii) for a child 18 years old or older and under age 21 who is eligible for extended
foster care under section 260C.451, new text end an unlicensed supervised independent living setting
approved by the agency responsible for the deleted text begin youth's deleted text end new text begin child's new text end care.

Sec. 5.

Minnesota Statutes 2013 Supplement, section 256N.21, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Background study. new text end

new text begin (a) A county or private agency conducting a
background study for purposes of child foster care licensing or approval must conduct
the study in accordance with chapter 245C and must meet the requirements in United
States Code, title 42, section 671(a)(20).
new text end

new text begin (b) A tribal organization conducting a background study for purposes of child foster
care licensing or approval must conduct the study in accordance with the requirements in
United States Code, title 25, sections 1931 to 1932. The study must meet the requirements
in United States Code, title 42, section 671(a)(20), when applicable.
new text end

Sec. 6.

Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 6, is
amended to read:

Subd. 6.

Exclusions.

(a) A child with a guardianship assistance agreement under
Northstar Care for Children is not eligible for the Minnesota family investment program
child-only grant under chapter 256J.

(b) The commissioner shall not enter into a guardianship assistance agreement with:

(1) a child's biological parent new text begin or stepparent new text end ;

(2) an individual assuming permanent legal and physical custody of a child or the
equivalent under tribal code without involvement of the child welfare system; or

(3) an individual assuming permanent legal and physical custody of a child who was
placed in Minnesota by another state or a tribe outside of Minnesota.

Sec. 7.

Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 1, is
amended to read:

Subdivision 1.

General eligibility requirements.

(a) To be eligible for adoption
assistance under this section, a child must:

(1) be determined to be a child with special needs under subdivision 2;

(2) meet the applicable citizenship and immigration requirements in subdivision 3;

(3)(i) meet the criteria in section 473 of the Social Security Act; or

(ii) have had foster care payments paid on the child's behalf while in out-of-home
placement through the county or deleted text begin tribe and be either under the deleted text end new text begin tribal social service agency
prior to the issuance of a court order transferring the child's new text end guardianship deleted text begin of deleted text end new text begin to new text end the
commissioner or deleted text begin under the jurisdiction of a Minnesota tribe and adoption, according
to tribal law, is in the child's documented permanency plan deleted text end new text begin ordering the child a ward
of tribal court new text end ; and

(4) have a written, binding agreement under section 256N.25 among the adoptive
parent, the financially responsible agency, or, if there is no financially responsible agency,
the agency designated by the commissioner, and the commissioner established prior to
finalization of the adoption.

(b) In addition to the requirements in paragraph (a), an eligible child's adoptive parent
or parents must meet the applicable background study requirements in subdivision 4.

(c) A child who meets all eligibility criteria except those specific to title IV-E adoption
assistance shall receive adoption assistance paid through funds other than title IV-E.

new text begin (d) A child receiving Northstar kinship assistance payments under section 256N.22
is eligible for adoption assistance when the criteria in paragraph (a) are met and the child's
legal custodian is adopting the child.
new text end

Sec. 8.

Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 9, is
amended to read:

Subd. 9.

Timing of and requests for reassessments.

Reassessments for an eligible
child must be completed within 30 days of any of the following events:

(1) for a child in continuous foster care, when six months have elapsed since
deleted text begin completion of the last assessment deleted text end new text begin the initial assessment, and annually thereafter new text end ;

(2) for a child in continuous foster care, change of placement location;

(3) for a child in foster care, at the request of the financially responsible agency or
legally responsible agency;

(4) at the request of the commissioner; or

(5) at the request of the caregiver under subdivision deleted text begin 9 deleted text end new text begin 10 new text end .

Sec. 9.

Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 10, is
amended to read:

Subd. 10.

Caregiver requests for reassessments.

(a) A caregiver may initiate
a reassessment request for an eligible child in writing to the financially responsible
agency or, if there is no financially responsible agency, the agency designated by the
commissioner. The written request must include the reason for the request and the
name, address, and contact information of the caregivers. deleted text begin For an eligible child with a
guardianship assistance or adoption assistance agreement, deleted text end The caregiver may request a
reassessment if at least six months have elapsed since any previously requested review.
deleted text begin For an eligible foster child, a foster parent may request reassessment in less than six
months with written documentation that there have been significant changes in the child's
needs that necessitate an earlier reassessment.
deleted text end

(b) A caregiver may request a reassessment of an at-risk child for whom a
guardianship assistance or adoption assistance agreement has been executed if the
caregiver has satisfied the commissioner with written documentation from a qualified
expert that the potential disability upon which eligibility for the agreement was based has
manifested itself, consistent with section 256N.25, subdivision 3, paragraph (b).

(c) If the reassessment cannot be completed within 30 days of the caregiver's request,
the agency responsible for reassessment must notify the caregiver of the reason for the
delay and a reasonable estimate of when the reassessment can be completed.

new text begin (d) Notwithstanding any provision to the contrary in paragraph (a) or subdivision 9,
when a Northstar kinship assistance agreement or adoption assistance agreement under
section 256N.25 has been signed by all parties, no reassessment may be requested or
conducted for up to two years until the Northstar kinship assistance agreement or the
adoption assistance agreement goes into effect or expires.
new text end

Sec. 10.

Minnesota Statutes 2012, section 257.85, subdivision 11, is amended to read:

Subd. 11.

Financial considerations.

(a) Payment of relative custody assistance
under a relative custody assistance agreement is subject to the availability of state funds
and payments may be reduced or suspended on order of the commissioner if insufficient
funds are available.

(b) deleted text begin Upon receipt from a local agency of a claim for reimbursement, the commissioner
shall reimburse the local agency in an amount equal to 100 percent of the relative custody
assistance payments provided to relative custodians. The deleted text end new text begin A new text end local agency may not seek and
the commissioner shall not provide reimbursement for the administrative costs associated
with performing the duties described in subdivision 4.

(c) For the purposes of determining eligibility or payment amounts under MFIP,
relative custody assistance payments shall be excluded in determining the family's
available income.

new text begin (d) For expenditures made on or before December 31, 2014, upon receipt from a
local agency of a claim for reimbursement, the commissioner shall reimburse the local
agency in an amount equal to 100 percent of the relative custody assistance payments
provided to relative custodians.
new text end

new text begin (e) For expenditures made on or after January 1, 2015, upon receipt from a local
agency of a claim for reimbursement, the commissioner shall reimburse the local agency as
part of the Northstar Care for Children fiscal reconciliation process under section 256N.27.
new text end

Sec. 11.

Minnesota Statutes 2013 Supplement, section 259.35, subdivision 1, is
amended to read:

Subdivision 1.

Parental responsibilities.

Prior to commencing an investigation
of the suitability of proposed adoptive parents, a child-placing agency shall give the
individuals the following written notice in all capital letters at least one-eighth inch high:

"Minnesota Statutes, deleted text begin section deleted text end new text begin sections new text end 259.59 new text begin and 260C.635 new text end , deleted text begin provides deleted text end new text begin provide new text end that
upon legally adopting a child, adoptive parents assume all the rights and responsibilities of
birth parents. The responsibilities include providing for the child's financial support and
caring for health, emotional, and behavioral problems. Except for subsidized adoptions
under Minnesota Statutes, chapter 259A, new text begin section 256N.23, new text end or any other provisions of law
that expressly apply to adoptive parents and children, adoptive parents are not eligible for
state or federal financial subsidies besides those that a birth parent would be eligible to
receive for a child. Adoptive parents may not terminate their parental rights to a legally
adopted child for a reason that would not apply to a birth parent seeking to terminate rights
to a child. An individual who takes guardianship of a child for the purpose of adopting the
child shall, upon taking guardianship from the child's country of origin, assume all the
rights and responsibilities of birth and adoptive parents as stated in this paragraph."

Sec. 12.

Minnesota Statutes 2012, section 259.41, subdivision 1, is amended to read:

Subdivision 1.

Study required before placement; certain relatives excepted.

(a)
An approved adoption study; completed background study, as required under section
245C.33; and written report must be completed before the child is placed in a prospective
adoptive home under this chapter, except as allowed by section 259.47, subdivision 6.
In an agency placement, the report must be filed with the court at the time the adoption
petition is filed. In a direct adoptive placement, the report must be filed with the court in
support of a motion for temporary preadoptive custody under section 259.47, subdivision
3, or, if the study and report are complete, in support of an emergency order under section
259.47, subdivision 6. The study and report shall be completed by a licensed child-placing
agency and must be thorough and comprehensive. The study and report shall be paid for
by the prospective adoptive parent, except as otherwise required under section 256.01,
subdivision 2, paragraph (h), deleted text begin 259.67 deleted text end deleted text begin , or deleted text end new text begin 256N.25, new text end 259.73 new text begin , or 259A.70 new text end .

(b) A placement for adoption with an individual who is related to the child, as
defined by section 245A.02, subdivision 13, is subject to a background study required
by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the
case of a stepparent adoption, a background study must be completed on the stepparent
and any children as required under subdivision 3, paragraph (b), except that a child of
the stepparent does not need to have a background study complete if they are a sibling
through birth or adoption of the person being adopted. The local social services agency
of the county in which the prospective adoptive parent lives must initiate a background
study unless a child-placing agency has been involved with the adoption. The local social
service agency may charge a reasonable fee for the background study. If a placement is
being made the background study must be completed prior to placement pursuant to
section 259.29, subdivision 1, paragraph (c). Background study results must be filed with
the adoption petition according to section 259.22, except in an adult adoption where an
adoption study and background study are not needed.

(c) In the case of a licensed foster parent seeking to adopt a child who is in the foster
parent's care, any portions of the foster care licensing process that duplicate requirements of
the home study may be submitted in satisfaction of the relevant requirements of this section.

Sec. 13.

Minnesota Statutes 2013 Supplement, section 609B.445, is amended to read:

609B.445 CERTAIN CONVICTIONS; PROSPECTIVE ADOPTIVE
PARENTS; DISQUALIFICATION new text begin FOR ADOPTION ASSISTANCE new text end .

Under section new text begin 256N.23, subdivision 4, or new text end 259A.10, subdivision 4, a disqualifying
condition for adoption new text begin assistance new text end exists if a criminal background check reveals a felony
conviction for child new text begin abuse or neglect new text end or spousal abuse; for a crime against children; for
a crime involving violence, including rape, sexual assault, or homicide; or for a felony
conviction within the past five years for physical assault, battery, or a drug-related offense.

Sec. 14. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "guardianship assistance" to "Northstar
kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to
refer to the program components related to Northstar Care for Children under Minnesota
Statutes, chapter 256N.
new text end

ARTICLE 2

OTHER CHILDREN AND FAMILY SERVICES PROVISIONS

Section 1.

Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5,
is amended to read:

Subd. 5.

Special needs.

In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.

(f)(1) Notwithstanding the language in this subdivision, an amount equal to the
maximum allotment authorized by the federal Food Stamp Program for a single individual
which is in effect on the first day of July of each year will be added to the standards of
assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
as shelter needy and are: (i) relocating from an institution, or an adult mental health
residential treatment program under section 256B.0622; (ii) eligible for the self-directed
supports option as defined under section 256B.0657, subdivision 2; or (iii) home and
community-based waiver recipients living in their own home or rented or leased apartment
which is not owned, operated, or controlled by a provider of service not related by blood
or marriage, unless allowed under paragraph (g).

(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
shelter needy benefit under this paragraph is considered a household of one. An eligible
individual who receives this benefit prior to age 65 may continue to receive the benefit
after the age of 65.

(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
considered shelter needy for purposes of this paragraph.

(g) Notwithstanding this subdivision, to access housing and services as provided
in paragraph (f), the recipient may choose housing that may be owned, operated, or
controlled by the recipient's service provider. deleted text begin In a multifamily building of more than four
units, the maximum number of units that may be used by recipients of this program shall
be the greater of four units or 25 percent of the units in the building, unless required by the
Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four
or fewer units, all of the units may be used by recipients of this program. deleted text end When housing is
controlled by the service provider, the individual may choose the individual's own service
provider as provided in section 256B.49, subdivision 23, clause (3). When the housing is
controlled by the service provider, the service provider shall implement a plan with the
recipient to transition the lease to the recipient's name. Within two years of signing the
initial lease, the service provider shall transfer the lease entered into under this subdivision
to the recipient. In the event the landlord denies this transfer, the commissioner may
approve an exception within sufficient time to ensure the continued occupancy by the
recipient. This paragraph expires June 30, 2016.

Sec. 2.

Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:

Subd. 2a.

License required.

A county agency may not enter into an agreement with
an establishment to provide group residential housing unless:

(1) the establishment is licensed by the Department of Health as a hotel and
restaurant; a board and lodging establishment; a residential care home; a boarding care
home before March 1, 1985; or a supervised living facility, and the service provider
for residents of the facility is licensed under chapter 245A. However, an establishment
licensed by the Department of Health to provide lodging need not also be licensed to
provide board if meals are being supplied to residents under a contract with a food vendor
who is licensed by the Department of Health;

(2) the residence is: (i) licensed by the commissioner of human services under
Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
to 9555.6265; deleted text begin or deleted text end (iii) deleted text begin a residence deleted text end licensed by the commissioner under Minnesota Rules,
parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9;
new text begin or (iv) licensed by the commissioner as a community residential setting under sections
245D.21 to 245D.26;
new text end

(3) the establishment is registered under chapter 144D and provides three meals a
day, or is an establishment voluntarily registered under section 144D.025 as a supportive
housing establishment; or

(4) an establishment voluntarily registered under section 144D.025, other than
a supportive housing establishment under clause (3), is not eligible to provide group
residential housing.

The requirements under clauses (1) to (4) do not apply to establishments exempt
from state licensure because they are located on Indian reservations and subject to tribal
health and safety requirements.

ARTICLE 3

LICENSING

Section 1.

Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:

245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
DEATH IN LICENSED PROGRAMS.

(a) When a license holder is placing an infant to sleep, the license holder must place
the infant on the infant's back, unless the license holder has documentation from the
infant's physician directing an alternative sleeping position for the infant. The physician
directive must be on a form approved by the commissioner and must remain on file at the
licensed location. An infant who independently rolls onto its stomach after being placed to
sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
six months of age or the license holder has a signed statement from the parent indicating
that the infant regularly rolls over at home.

(b) The license holder must place the infant in a crib directly on a firm mattress with
a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16,
part 1511. The requirements of this section apply to license holders serving infants younger
than one year of age. Licensed child care providers must meet the crib requirements under
section 245A.146. new text begin A correction order shall not be issued under this paragraph unless there
is evidence that a violation occurred when an infant was present in the license holder's care.
new text end

(c) If an infant falls asleep before being placed in a crib, the license holder must
move the infant to a crib as soon as practicable, and must keep the infant within sight of
the license holder until the infant is placed in a crib. When an infant falls asleep while
being held, the license holder must consider the supervision needs of other children in
care when determining how long to hold the infant before placing the infant in a crib to
sleep. The sleeping infant must not be in a position where the airway may be blocked or
with anything covering the infant's face.

(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a one-piece sleeper equipped with an attached system that fastens
securely only across the upper torso, with no constriction of the hips or legs, to create a
swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
the license holder must obtain informed written consent for the use of swaddling from the
parent or guardian of the infant on a form provided by the commissioner and prepared in
partnership with the Minnesota Sudden Infant Death Center.

new text begin (e) A license holder must be able to show a safe sleep space readily available for
each infant present in the license holder's care. Each safe sleep space must meet the
requirements of this subdivision.
new text end

Sec. 2.

new text begin [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
CARE LICENSE HOLDERS.
new text end

new text begin Contractors who serve multiple family child care holders may request that the
county agency maintain a record of:
new text end

new text begin (1) the contractor's background study results as required in section 245C.04,
subdivision 7, to verify that the contractor does not have a disqualification or a
disqualification that has not been set aside, and is eligible to provide direct contact services
in a licensed program; and
new text end

new text begin (2) the contractor's compliance with training requirements.
new text end

Sec. 3.

Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
amended to read:

Subd. 5.

Sudden unexpected infant death and abusive head trauma training.

(a) License holders must document that before staff persons, caregivers, and helpers
assist in the care of infants, they are instructed on the standards in section 245A.1435 and
receive training on reducing the risk of sudden unexpected infant death. In addition,
license holders must document that before staff persons, caregivers, and helpers assist in
the care of infants and children under school age, they receive training on reducing the
risk of abusive head trauma from shaking infants and young children. The training in this
subdivision may be provided as initial training under subdivision 1 or ongoing annual
training under subdivision 7.

(b) Sudden unexpected infant death reduction training required under this subdivision
must deleted text begin be at least one-half hour in length and must be completed in person at least once
every two years. On the years when the license holder is not receiving the in-person
training on sudden unexpected infant death reduction, the license holder must receive
sudden unexpected infant death reduction training through a video of no more than one
hour in length developed or approved by the commissioner. deleted text end new text begin , new text end at a minimum, deleted text begin the training
must deleted text end address the risk factors related to sudden unexpected infant death, means of reducing
the risk of sudden unexpected infant death in child care, and license holder communication
with parents regarding reducing the risk of sudden unexpected infant death.

(c) Abusive head trauma training required under this subdivision must deleted text begin be at least
one-half hour in length and must be completed at least once every year. deleted text end new text begin , new text end at a minimum,
deleted text begin the training must deleted text end address the risk factors related to shaking infants and young children,
means of reducing the risk of abusive head trauma in child care, and license holder
communication with parents regarding reducing the risk of abusive head trauma.

(d) Training for family and group family child care providers must be developed
by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
approved by the Minnesota Center for Professional Development. new text begin Sudden unexpected
infant death reduction training and abusive head trauma training may be provided in a
single course of no more than two hours in length.
new text end

new text begin (e) Sudden unexpected infant death reduction training and abusive head trauma
training required under this subdivision must be completed in person or as allowed under
subdivision 10, clause (1) or (2), at least once every two years. On the years when the
license holder is not receiving training in person or as allowed under subdivision 10,
clause (1) or (2), the license holder must receive sudden unexpected infant death reduction
training and abusive head trauma training through a video of no more than one hour in
length. The video must be developed or approved by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2015.
new text end

Sec. 4.

Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Current or prospective contractors serving multiple family child care
license holders. new text end

new text begin Current or prospective contractors who are required to have a background
study under section 245C.03, subdivision 1, who provide services for multiple family
child care license holders in a single county, and will have direct contact with children
served in the family child care setting, are required to have only one background study
which is transferable to all family child care programs in that county if:
new text end

new text begin (1) the county agency maintains a record of the contractor's background study results
which verify the contractor is approved to have direct contact with children receiving
services;
new text end

new text begin (2) the license holder contacts the county agency and obtains notice that the current
or prospective contractor is in compliance with background study requirements and
approved to have direct contact with children receiving services; and
new text end

new text begin (3) the contractor's background study is repeated every two years.
new text end