HF 630

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/20/2017 04:30pm

A bill for an act
relating to local government; providing aid for out-of-home placement costs of
children under the Indian Child Welfare Act; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 477A.

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

Section 1.

new text begin [477A.0126] REIMBURSEMENT OF COUNTY AND TRIBES FOR
CERTAIN OUT-OF-HOME PLACEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "out-of-home placement" means
24-hour substitute care for an Indian child as defined by section 260C.007, subdivision 21,
placed under chapter 260C and the Indian Child Welfare Act (ICWA), away from the child's
parent or guardian and for whom the county social services agency or county correctional
agency has been assigned responsibility for the child's placement and care, which includes
placement in foster care under section 260C.007, subdivision 18, and a correctional facility
pursuant to a court order.
new text end

new text begin Subd. 2. new text end

new text begin Determination of nonfederal share of costs. new text end

new text begin (a) By July 1, 2017, each county
shall report the following information to the commissioners of human services and
corrections:
new text end

new text begin (1) the separate amounts paid out of the county's social service agency and its corrections
budget for out-of-home placement of children under the ICWA in calendar years 2013,
2014, and 2015; and
new text end

new text begin (2) the number of case days associated with the expenditures from each budget.
new text end

new text begin The commissioner of human services shall prescribe the format of the report. By July 15,
2017, the commissioner of human services, in consultation with the commissioner of
corrections, shall certify to the commissioner of revenue and to the legislative committees
with jurisdiction over local government aids and out-of-home placement funding whether
the data reported under this subdivision accurately reflect total expenditures by counties for
out-of-home placement costs of children under the ICWA.
new text end

new text begin (b) By January 1, 2018, and each January 1 thereafter, each county shall report to the
commissioners of human services and corrections the separate amounts paid out of the
county's social service agency and its corrections budget for out-of-home placement of
children under the ICWA in the calendar years two years before the current calendar year
along with the number of case days associated with the expenditures from each budget. The
commissioner of human services shall prescribe the format of the report.
new text end

new text begin (c) Until the commissioner of human services develops another mechanism for collecting
and verifying data on out-of-home placements of children under the ICWA, and the
legislature authorizes the use of that data, the data collected under this subdivision must be
used to calculate payments under subdivision 3. The commissioner of human services shall
certify the nonfederal out-of-home placement costs for the three prior calendar years for
each county and the amount of any federal reimbursement received by a tribe under the
ICWA for the three prior calendar years to the commissioner of revenue by June 1 of the
year before the aid payment.
new text end

new text begin Subd. 3. new text end

new text begin Aid for counties. new text end

new text begin For aids payable in calendar year 2018 and thereafter, the
amount of reimbursement to each county is a county's proportionate share of the appropriation
in subdivision 6 that remains after the aid for tribes has been paid. Each county's
proportionate share is based on the county's average nonfederal share of the cost for
out-of-home placement of children under the ICWA for the three calendar years that were
certified by the commissioner of human services by June 1 of the prior year, provided that
the commissioner of human services, in consultation with the commissioner of corrections,
certifies to the commissioner of revenue that accurate data are available to make the aid
determination under this section. For aids payable in calendar year 2018, each county's
proportionate share is based on the county's nonfederal share of the cost for out-of-home
placement of children under the ICWA that was certified by the commissioner of human
services by July 15, 2017.
new text end

new text begin Subd. 4. new text end

new text begin Aid for tribes. new text end

new text begin For aids payable in 2018 and thereafter, the amount of
reimbursement to each tribe shall be the greater of:
new text end

new text begin (1) five percent of the average reimbursement amount received from the federal
government for out-of-home placement costs for the three calendar years that were certified
by June 1 of the prior year; or
new text end

new text begin (2) $200,000.
new text end

new text begin Subd. 5. new text end

new text begin Payments. new text end

new text begin The commissioner of revenue must compute the amount of the
reimbursement aid payable to each county and tribe under this section. On or before August
1 of each year, the commissioner shall certify the amount to be paid to each county and
tribe in the following year. The commissioner shall pay reimbursement aid annually at the
times provided in section 477A.015.
new text end

new text begin Subd. 6. new text end

new text begin Appropriation. new text end

new text begin An amount sufficient to pay aid under this section is annually
appropriated to the commissioner of revenue from the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with aids payable in 2018.
new text end