HF 1068

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to juveniles; establishing requirements 
  1.3             relating to out-of-home placements of juveniles; 
  1.4             establishing work groups; requiring rules; amending 
  1.5             Minnesota Statutes 1998, sections 245A.09, subdivision 
  1.6             2; 260.151, subdivision 3; 260.181, by adding a 
  1.7             subdivision; and 260.185, by adding a subdivision; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 260. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 245A.09, 
  1.12  subdivision 2, is amended to read: 
  1.13     Subd. 2.  [STANDARDS AND REGULATORY METHODS.] This 
  1.14  subdivision applies to rules governing sections 245A.01 to 
  1.15  245A.16 that are adopted after July 1, 1987.  As appropriate for 
  1.16  each type of license:  
  1.17     (a) The commissioner shall give preference in rule to 
  1.18  standards that describe program outcomes and the practices that 
  1.19  have been shown to result in the desired program outcomes.  
  1.20     (b) The rules may include model program standards for each 
  1.21  type of program licensed by the commissioner.  
  1.22     (c) The rules shall include basic licensing standards 
  1.23  governing licensure of each type of program licensed by the 
  1.24  commissioner.  The basic licensing standards must be met by all 
  1.25  applicants and license holders.  Basic licensing standards must 
  1.26  include, but are not limited to: 
  1.27     (1) standards for adequate staff that take into account the 
  2.1   age distribution and severity of handicap of persons served by 
  2.2   the program; 
  2.3      (2) safety standards that take into account the size and 
  2.4   conditions of the physical plant and studies of fire safety 
  2.5   including studies of the interaction between fire detection 
  2.6   factors, fire spread factors, and evacuation factors in case of 
  2.7   a fire; 
  2.8      (3) standards for program services that describe, when 
  2.9   appropriate, adequate levels of shelter, nutrition, planned 
  2.10  activities, materials, and qualifications of individuals 
  2.11  responsible for administering and delivering program services; 
  2.12     (4) standards that describe the characteristics of the 
  2.13  settings where program services are to be delivered; and 
  2.14     (5) health and sanitation standards. 
  2.15     The standards for foster care homes must address the 
  2.16  components of specialized therapeutic services to be provided by 
  2.17  foster care homes with those services. 
  2.18     Sec. 2.  Minnesota Statutes 1998, section 260.151, 
  2.19  subdivision 3, is amended to read: 
  2.20     Subd. 3.  [JUVENILE TREATMENT SCREENING TEAM.] (a) The 
  2.21  local social services agency, at its option, may shall establish 
  2.22  a juvenile treatment screening team to conduct screenings and 
  2.23  prepare case plans under this subdivision.  The team, which may 
  2.24  be the team constituted under section 245.4885 or 256B.092 or 
  2.25  Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of 
  2.26  social workers, juvenile justice professionals, and persons with 
  2.27  expertise in the treatment of juveniles who are emotionally 
  2.28  disabled, chemically dependent, or have a developmental 
  2.29  disability.  The team shall involve parents or guardians in the 
  2.30  screening process as appropriate.  
  2.31     (b) This paragraph applies only in counties that have 
  2.32  established a juvenile treatment screening team under paragraph 
  2.33  (a).  If the court, prior to, or as part of, a final 
  2.34  disposition, proposes to place a child: 
  2.35     (1) for the primary purpose of treatment for an emotional 
  2.36  disturbance, a developmental disability, or chemical dependency 
  3.1   in a residential treatment facility out of state or in one which 
  3.2   is within the state and licensed by the commissioner of human 
  3.3   services under chapter 245A; or 
  3.4      (2) in any out-of-home setting potentially exceeding 30 
  3.5   days in duration, including a postdispositional placement in a 
  3.6   facility licensed by the commissioner of corrections, 
  3.7   the court shall notify the county welfare agency.  The county's 
  3.8   juvenile treatment screening team must either:  (1) screen and 
  3.9   evaluate the child and file its recommendations with the court 
  3.10  within 14 days of receipt of the notice; or (2) elect not to 
  3.11  screen a given case, and notify the court of that decision 
  3.12  within three working days.  
  3.13     (c) If the screening team has elected to screen and 
  3.14  evaluate the child, the child may not be placed for the primary 
  3.15  purpose of treatment for an emotional disturbance, a 
  3.16  developmental disability, or chemical dependency, in a 
  3.17  residential treatment facility out of state nor in a residential 
  3.18  treatment facility within the state that is licensed under 
  3.19  chapter 245A, unless one of the following conditions applies:  
  3.20     (1) a treatment professional certifies that an emergency 
  3.21  requires the placement of the child in a facility within the 
  3.22  state; 
  3.23     (2) the screening team has evaluated the child and 
  3.24  recommended that a residential placement is necessary to meet 
  3.25  the child's treatment needs and the safety needs of the 
  3.26  community, that it is a cost-effective means of meeting the 
  3.27  treatment needs, and that it will be of therapeutic value to the 
  3.28  child; or 
  3.29     (3) the court, having reviewed a screening team 
  3.30  recommendation against placement, determines to the contrary 
  3.31  that a residential placement is necessary.  The court shall 
  3.32  state the reasons for its determination in writing, on the 
  3.33  record, and shall respond specifically to the findings and 
  3.34  recommendation of the screening team in explaining why the 
  3.35  recommendation was rejected.  The attorney representing the 
  3.36  child and the prosecuting attorney shall be afforded an 
  4.1   opportunity to be heard on the matter. 
  4.2      Sec. 3.  [260.154] [CLASSIFICATION SYSTEM FOR JUVENILE 
  4.3   OFFENDERS.] 
  4.4      Each county shall develop a written policy for classifying 
  4.5   juvenile offenders.  The policy must include methods to classify 
  4.6   the reoffense risk and service needs of juvenile offenders.  In 
  4.7   developing its policy, each county, to the extent practicable, 
  4.8   shall consult with the department of corrections and attempt to 
  4.9   achieve uniformity with other counties' classification systems.  
  4.10  The department of corrections shall cooperate with counties in 
  4.11  the development of their classification systems by offering 
  4.12  training programs, explaining existing county risk assessment 
  4.13  practices, and providing other requested services. 
  4.14     Sec. 4.  Minnesota Statutes 1998, section 260.181, is 
  4.15  amended by adding a subdivision to read: 
  4.16     Subd. 3b.  [INTENDED OUTCOMES.] When the court orders an 
  4.17  out-of-home placement disposition for a child, the court shall 
  4.18  state in its disposition order the intended outcome of the 
  4.19  placement. 
  4.20     Sec. 5.  Minnesota Statutes 1998, section 260.185, is 
  4.21  amended by adding a subdivision to read: 
  4.22     Subd. 1d.  [CASE PLAN.] (a) For each disposition ordered, 
  4.23  the court shall order the appropriate agency to prepare a 
  4.24  written case plan, developed after consultation with and 
  4.25  participation by the child and the child's parent, guardian, or 
  4.26  custodian, the child's attorney, the prosecuting attorney, and 
  4.27  any other appropriate parties.  At a minimum, the case plan must 
  4.28  specify: 
  4.29     (1) the actions to be taken by the child and, if 
  4.30  appropriate, the child's parent, guardian, or custodian to 
  4.31  insure the child's safety, future lawful conduct, and compliance 
  4.32  with the court's disposition order; and 
  4.33     (2) the services to be offered and provided by the agency 
  4.34  to the child and, if appropriate, the child's parent, guardian, 
  4.35  or custodian. 
  4.36     (b) The court shall review the case plan and, upon 
  5.1   approving it, incorporate it into its disposition order.  The 
  5.2   court may review and modify the terms of the case plan as 
  5.3   appropriate.  A party has a right to request a court review of 
  5.4   the reasonableness of the case plan upon a showing of a 
  5.5   substantial change of circumstances. 
  5.6      Sec. 6.  [260.196] [COUNTY RESPONSIBILITY FOR TRANSITIONAL 
  5.7   SERVICES PLANS.] 
  5.8      When a child is subject to a court dispositional order 
  5.9   resulting in an out-of-home placement in a residential program 
  5.10  under this chapter, the county in which the court is located is 
  5.11  responsible for monitoring the implementation of a transitional 
  5.12  service plan upon the child's discharge from the program.  The 
  5.13  county's responsibility includes ensuring that after-care 
  5.14  services are arranged for and provided to the child. 
  5.15     Sec. 7.  [260.197] [REPORTS ON ACHIEVEMENT OF GOALS OF 
  5.16  COURT-ORDERED OUT-OF-HOME PLACEMENTS.] 
  5.17     By January 15, 2002, and each January 15 after that, the 
  5.18  commissioners of corrections and human services shall report to 
  5.19  the legislature on the extent to which the goals of 
  5.20  court-ordered out-of-home placements required under section 
  5.21  260.181, subdivision 3b, are being met. 
  5.22     Sec. 8.  [WORKING GROUP ON JUVENILE OUT-OF-HOME PLACEMENT 
  5.23  GOALS.] 
  5.24     Subdivision 1.  [WORKING GROUP ESTABLISHED.] The chief 
  5.25  justice of the supreme court is requested to convene a working 
  5.26  group on juvenile out-of-home placement goals.  The group shall: 
  5.27     (1) develop a uniform list of possible out-of-home 
  5.28  placement goals for juvenile court dispositions from which 
  5.29  judges could select; and 
  5.30     (2) identify steps required to be taken by state agencies 
  5.31  to collect and report summary information on the achievement of 
  5.32  these goals. 
  5.33     The group shall specify which agencies should collect the 
  5.34  information and identify costs related to collecting it. 
  5.35     Subd. 2.  [MEMBERSHIP.] The chief justice shall invite 
  5.36  individuals with a demonstrated interest and experience in 
  6.1   issues related to juvenile out-of-home placements to join the 
  6.2   working group.  In addition, the chief justice shall invite 
  6.3   legislators and representatives from the executive branch to 
  6.4   join the group. 
  6.5      Subd. 3.  [REPORT REQUIRED.] By January 15, 2000, the 
  6.6   working group shall report its recommendations to the chairs and 
  6.7   ranking minority members of the senate and house committees 
  6.8   having jurisdiction over issues related to criminal justice, 
  6.9   civil law, and human services.  The report must identify any 
  6.10  changes required in law to implement its recommendations. 
  6.11     Sec. 9.  [WORKING GROUP ON INFORMATION COLLECTION FOR 
  6.12  OUT-OF-HOME PLACEMENTS; RULE REQUIRED.] 
  6.13     Subdivision 1.  [WORKING GROUP ESTABLISHED.] The 
  6.14  commissioners of corrections and human services shall convene a 
  6.15  working group to identify ways to collect comprehensive 
  6.16  statewide information on juvenile out-of-home placement spending 
  6.17  and individual juvenile out-of-home placements.  The working 
  6.18  group shall review and address the findings made in the January 
  6.19  1999 juvenile out-of-home placement program evaluation report 
  6.20  prepared by the office of the legislative auditor.  The working 
  6.21  group shall identify ways for county corrections agencies to 
  6.22  report information on all individual out-of-home placements, 
  6.23  including preadjudication detention and postadjudication 
  6.24  placements, that can be integrated with the department of human 
  6.25  services placement data. 
  6.26     Subd. 2.  [RULE REQUIRED.] The commissioner of human 
  6.27  services shall adopt a rule based on the working group's 
  6.28  recommendations to require county corrections agencies to report 
  6.29  to the commissioner summary spending data for various types of 
  6.30  correctional placements that are not paid for by the county's 
  6.31  social service budget. 
  6.32     Subd. 3.  [REPORT REQUIRED.] By January 15, 2000, the 
  6.33  commissioners of corrections and human services shall report to 
  6.34  the chairs and ranking minority members of the senate and house 
  6.35  committees having jurisdiction over issues related to criminal 
  6.36  justice, civil law, and human services on the recommendations of 
  7.1   the working group and the status of the rule required to be 
  7.2   adopted by subdivision 2. 
  7.3      Sec. 10.  [WORKING GROUP ON RESIDENTIAL PROGRAM COMPLETION 
  7.4   INFORMATION; RULES REQUIRED.] 
  7.5      Subdivision 1.  [WORKING GROUP ESTABLISHED.] The 
  7.6   commissioners of corrections and human services shall convene a 
  7.7   working group to adopt uniform definitions for measuring 
  7.8   residential program completion rates for juveniles placed in 
  7.9   residential facilities. 
  7.10     Subd. 2.  [RULES REQUIRED.] The commissioners of 
  7.11  corrections and human services shall each adopt rules based on 
  7.12  the working group's recommendations to require juvenile 
  7.13  residential facilities licensed by it to collect program 
  7.14  completion information and to make it publicly available. 
  7.15     Subd. 3.  [REPORT REQUIRED.] By January 15, 2000, the 
  7.16  commissioners of corrections and human services shall report to 
  7.17  the chairs and ranking minority members of the senate and house 
  7.18  committees having jurisdiction over issues related to criminal 
  7.19  justice, civil law, and human services on the recommendations of 
  7.20  the working group and the status of the rules required to be 
  7.21  adopted by subdivision 2. 
  7.22     Sec. 11.  [CULTURALLY APPROPRIATE SERVICES FOR JUVENILES.] 
  7.23     Subdivision 1.  [IDENTIFICATION OF BEST PRACTICES 
  7.24  REQUIRED.] The commissioners of corrections and human services 
  7.25  shall study issues involving providing culturally appropriate 
  7.26  screening, assessment, case management, and direct services for 
  7.27  juveniles in juvenile court.  The commissioners shall identify a 
  7.28  set of best practices in these areas and make these recommended 
  7.29  best practices available to the staffs of juvenile residential 
  7.30  facilities and counties. 
  7.31     Subd. 2.  [REPORT.] By January 15, 2000, the commissioners 
  7.32  of corrections and human services shall report their findings 
  7.33  and recommendations to the chairs and ranking minority members 
  7.34  of the senate and house committees having jurisdiction over 
  7.35  issues related to criminal justice, civil law, and human 
  7.36  services. 
  8.1      Sec. 12.  [DEPARTMENT OF HUMAN SERVICES JUVENILE 
  8.2   OUT-OF-HOME PLACEMENT DATABASE.] 
  8.3      The department of human services shall continue to review 
  8.4   and monitor the social services information system to ensure the 
  8.5   accuracy and completeness of data on juvenile out-of-home 
  8.6   placements, including the number of children in out-of-home 
  8.7   placements, characteristics of those children, days spent in 
  8.8   placement, outcomes of placements, and other data necessary to 
  8.9   evaluate the out-of-home placement of juveniles on a county and 
  8.10  statewide basis.  To the extent possible, the department shall 
  8.11  identify and correct errors and omissions in its current 
  8.12  database in order to facilitate future analyses and comparisons 
  8.13  of juvenile out-of-home placements.