HF 3618

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; making technical changes; modifying commissioner's
duties, county board duties, education programs, safety requirements, licensing
requirements, disqualification provisions, chemical dependency care, agency
appeals and hearings, day treatment services, crib safety standards, maltreatment
hearings, clinical infrastructures, property costs, co-payments and coinsurance,
adoption provisions, children in need of protection; amending Minnesota
Statutes 2004, sections 144.225, subdivision 2b; 245A.04, subdivision 11;
254A.03, subdivision 3; 254A.16, subdivision 2; 254B.02, subdivisions 1, 5;
254B.03, subdivisions 1, 3; 254B.06, subdivision 3; 256.045, subdivision 3b;
256.0451, subdivisions 1, 3, 11, 19; 256B.0625, subdivision 23; 256B.0943,
subdivisions 9, 11; 256B.431, subdivisions 1, 3f, 17e; 260B.157, subdivision 1;
Minnesota Statutes 2005 Supplement, sections 245.4874; 245A.14, subdivision
12; 245A.146, subdivision 4; 245A.18, subdivision 2; 245C.07; 245C.13,
subdivision 2; 245C.15, subdivisions 2, 3; 245C.22, subdivision 7; 245C.24,
subdivision 3; 256.046, subdivision 1; 256B.0625, subdivision 13c; 256B.0943,
subdivisions 6, 12; 256L.03, subdivision 5; 259.67, subdivision 4; 260.012;
626.556, subdivision 2; Laws 2005, chapter 98, article 3, section 25; repealing
Minnesota Statutes 2004, sections 252.21; 252.22; 252.23; 252.24, subdivisions
1, 2, 3, 4; 252.25; 252.261; 254A.02, subdivisions 7, 9, 12, 14, 15, 16; 254A.085;
254A.086; 254A.12; 254A.14, subdivisions 1, 2, 3; 254A.15; 254A.16,
subdivision 5; 254A.175; 254A.18; Minnesota Statutes 2005 Supplement,
section 252.24, subdivision 5; Minnesota Rules, part 9503.0035, subpart 2.

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

Section 1.

Minnesota Statutes 2004, section 144.225, subdivision 2b, is amended to
read:

Subd. 2b.

Commissioner of health; duties.

Notwithstanding the designation of
certain of this data as confidential under subdivision 2 or private under subdivision 2a,
the commissioner shall give the commissioner of human services access to birth record
data and data contained in recognitions of parentage prepared according to section 257.75
necessary to enable the commissioner of human services to identify a child who is subject
to threatened deleted text begin injury deleted text end new text begin harm new text end , as defined in section 626.556, subdivision 2, paragraph deleted text begin (l) deleted text end new text begin (n) new text end ,
by a person responsible for the child's care, as defined in section 626.556, subdivision 2,
paragraph deleted text begin (b), clause (1) deleted text end new text begin (e) new text end . The commissioner shall be given access to all data included
on official birth records.

Sec. 2.

Minnesota Statutes 2005 Supplement, section 245.4874, is amended to read:

245.4874 DUTIES OF COUNTY BOARD.

(a) The county board must:

(1) develop a system of affordable and locally available children's mental health
services according to sections 245.487 to 245.4887;

(2) establish a mechanism providing for interagency coordination as specified in
section 245.4875, subdivision 6;

(3) consider the assessment of unmet needs in the county as reported by the local
children's mental health advisory council under section 245.4875, subdivision 5, paragraph
(b), clause (3). The county shall provide, upon request of the local children's mental health
advisory council, readily available data to assist in the determination of unmet needs;

(4) assure that parents and providers in the county receive information about how to
gain access to services provided according to sections 245.487 to 245.4887;

(5) coordinate the delivery of children's mental health services with services
provided by social services, education, corrections, health, and vocational agencies to
improve the availability of mental health services to children and the cost-effectiveness of
their delivery;

(6) assure that mental health services delivered according to sections 245.487
to 245.4887 are delivered expeditiously and are appropriate to the child's diagnostic
assessment and individual treatment plan;

(7) provide the community with information about predictors and symptoms of
emotional disturbances and how to access children's mental health services according to
sections 245.4877 and 245.4878;

(8) provide for case management services to each child with severe emotional
disturbance according to sections 245.486; 245.4871, subdivisions 3 and 4; and 245.4881,
subdivisions 1, 3, and 5;

(9) provide for screening of each child under section 245.4885 upon admission
to a residential treatment facility, acute care hospital inpatient treatment, or informal
admission to a regional treatment center;

(10) prudently administer grants and purchase-of-service contracts that the county
board determines are necessary to fulfill its responsibilities under sections 245.487 to
245.4887;

(11) assure that mental health professionals, mental health practitioners, and case
managers employed by or under contract to the county to provide mental health services
are qualified under section 245.4871;

(12) assure that children's mental health services are coordinated with adult mental
health services specified in sections 245.461 to 245.486 so that a continuum of mental
health services is available to serve persons with mental illness, regardless of the person's
age;

(13) assure that culturally informed mental health consultants are used as necessary
to assist the county board in assessing and providing appropriate treatment for children of
cultural or racial minority heritage; and

(14) consistent with section 245.486, arrange for or provide a children's mental
health screening to a child receiving child protective services or a child in out-of-home
placement, a child for whom parental rights have been terminated, a child found to be
delinquent, and a child found to have committed a juvenile petty offense for the third
or subsequent time, unless a screening new text begin or diagnostic assessment new text end has been performed
within the previous 180 days, or the child is currently under the care of a mental health
professional. The court or county agency must notify a parent or guardian whose
parental rights have not been terminated of the potential mental health screening and the
option to prevent the screening by notifying the court or county agency in writing. The
screening shall be conducted with a screening instrument approved by the commissioner
of human services according to criteria that are updated and issued annually to ensure
that approved screening instruments are valid and useful for child welfare and juvenile
justice populations, and shall be conducted by a mental health practitioner as defined in
section 245.4871, subdivision 26, or a probation officer or local social services agency
staff person who is trained in the use of the screening instrument. Training in the use of the
instrument shall include training in the administration of the instrument, the interpretation
of its validity given the child's current circumstances, the state and federal data practices
laws and confidentiality standards, the parental consent requirement, and providing respect
for families and cultural values. If the screen indicates a need for assessment, the child's
family, or if the family lacks mental health insurance, the local social services agency,
in consultation with the child's family, shall have conducted a diagnostic assessment,
including a functional assessment, as defined in section 245.4871. The administration of
the screening shall safeguard the privacy of children receiving the screening and their
families and shall comply with the Minnesota Government Data Practices Act, chapter
13, and the federal Health Insurance Portability and Accountability Act of 1996, Public
Law 104-191. Screening results shall be considered private data and the commissioner
shall not collect individual screening results.

(b) When the county board refers clients to providers of children's therapeutic
services and supports under section 256B.0943, the county board must clearly identify
the desired services components not covered under section 256B.0943 and identify the
reimbursement source for those requested services, the method of payment, and the
payment rate to the provider.

Sec. 3.

Minnesota Statutes 2004, section 245A.04, subdivision 11, is amended to read:

Subd. 11.

Education program; additional requirement.

(a) The education
program offered in a residential or nonresidential program, except for child care, foster
care, or services for adults, must be approved by the commissioner of education before the
commissioner of human services may grant a license to the program.

(b) A residential program licensed new text begin by the commissioner of human services new text end under
Minnesota Rules, parts deleted text begin 9545.0905 to deleted text end deleted text begin 9545.1125 or 9545.1400 to 9545.1480, deleted text end new text begin 2960.0010 to
2960.0710, new text end may serve persons through the age of 19 when:

(1) the admission is necessary for a person to complete a secondary school program
or its equivalent, or it is necessary to facilitate a transition period after completing the
secondary school program or its equivalent for up to four months in order for the resident
to obtain other living arrangements;

(2) the facility develops policies, procedures, and plans required under section
245A.65;

(3) the facility documents an assessment of the 18- or 19-year-old person's risk
of victimizing children residing in the facility, and develops necessary risk reduction
measures, including sleeping arrangements, to minimize any risk of harm to children; and

(4) notwithstanding the license holder's target population age range, whenever
persons age 18 or 19 years old are receiving residential services, the age difference among
residents may not exceed five years.

(c) Nothing in this paragraph precludes the license holder from seeking other
variances under subdivision 9.

Sec. 4.

Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 12, is
amended to read:

Subd. 12.

First aid training requirements.

new text begin (a) new text end deleted text begin Notwithstanding Minnesota Rules,
part 9503.0035, subpart 2, deleted text end When children are present in a family child care home governed
by Minnesota Rules, parts 9502.0315 to 9502.0445, deleted text begin or a child care center governed by
Minnesota Rules, parts 9503.0005 to 9503.0170, deleted text end at least one staff person must be present
in the deleted text begin center or deleted text end home who has been trained in first aid. The first aid training must have
been provided by an individual approved to provide first aid instruction. First aid training
may be less than eight hours and persons qualified to provide first aid training shall include
individuals approved as first aid instructors.

new text begin (b) All teachers and assistant teachers in a child care center governed by Minnesota
Rules, parts 9503.0005 to 9503.0170, and at least one staff person during field trips and
when transporting children in care must satisfactorily complete first aid training within 90
days of the start of work, unless the training has been completed within the previous three
years. The first aid training must be repeated at least every three years; documented in the
person's personnel record and indicated on the center's staffing chart; and provided by an
individual approved as a first aid instructor. This training may be less than eight hours.
new text end

Sec. 5.

Minnesota Statutes 2005 Supplement, section 245A.146, subdivision 4, is
amended to read:

Subd. 4.

Crib safety standards and inspection.

(a) On at least a monthly basis, the
license holder shall perform safety inspections of every crib used by or that is accessible
to any child in care, and must document the following:

(1) no corner posts extend more than 1/16 of an inch;

(2) no spaces between side slats exceed 2.375 inches;

(3) no mattress supports can be easily dislodged from any point of the crib;

(4) no cutout designs are present on end panels;

(5) no heights of the rail and end panel are less than 26 inches when measured from
the top of the rail or panel in the highest position to the top of the mattress support in
its lowest position;

(6) no heights of the rail and end panel are less than nine inches when measured
from the top of the rail or panel in its lowest position to the top of the mattress support in
its highest position;

(7) no screws, bolts, or hardware are loose or not secured, and there is no use
of woodscrews in components that are designed to be assembled and disassembled by
the crib owner;

(8) no sharp edges, points, or rough surfaces are present;

(9) no wood surfaces are rough, splintered, split, or cracked;

(10) no tears in mesh of fabric sides in non-full-size cribs;

(11) no mattress pads in non-full-size mesh or fabric cribs exceed one inch; and

(12) no new text begin unacceptable new text end gaps between the mattress and any sides of the crib are present new text begin
as follows:
new text end

new text begin (i) when the noncompressed mattress is centered in the non-full-size crib, at any of
the adjustable mattress support positions, the gap between the perimeter of the mattress
and the perimeter of the crib cannot be greater than 1/2 inch at any point. When the
mattress is placed against the perimeter of the crib, the resulting gap cannot be greater
that one inch at any point; and
new text end

new text begin (ii) when the noncompressed mattress is centered in the full-size crib, at any of
the adjustable mattress support positions, the gap between the perimeter of the mattress
and the perimeter of the crib cannot be greater than 11/16 inch at any point. When the
mattress is placed against the perimeter of the crib, the resulting gap cannot be greater that
1-3/8 inch at any point new text end .

(b) Upon discovery of any unsafe condition identified by the license holder during
the safety inspection required under paragraph (a), the license holder shall immediately
remove the crib from use and ensure that the crib is not accessible to children in care, and
as soon as practicable, but not more than two business days after the inspection, remove
the crib from the area where child care services are routinely provided for necessary
repairs or to destroy the crib.

(c) Documentation of the inspections and actions taken with unsafe cribs required in
paragraphs (a) and (b) shall be maintained on site by the license holder and made available
to parents of children in care and the commissioner.

Sec. 6.

Minnesota Statutes 2005 Supplement, section 245A.18, subdivision 2, is
amended to read:

Subd. 2.

Child passenger restraint systems; training requirement.

(a) Family and
group family child care, child care centers, child foster care, and other programs licensed
by the Department of Human Services that serve a child or children under nine years of
age must document training that fulfills the requirements in this subdivision. new text begin This section
does not apply to emergency relative foster care licenses issued under section 245A.035.
new text end

(b) Before a license holder, staff person, caregiver, or helper transports a child
or children under age nine in a motor vehicle, the person transporting the child must
satisfactorily complete training on the proper use and installation of child restraint systems
in motor vehicles. Training completed under this section may be used to meet initial
or ongoing training under the following:

(1) Minnesota Rules, part 2960.3070, subparts 1 and 2;

(2) Minnesota Rules, part 9502.0385, subparts 2 and 3; and

(3) Minnesota Rules, part 9503.0035, subparts 1 and 4.

new text begin For all providers licensed prior to July 1, 2006, the training required in this subdivision
must be obtained by December 31, 2007.
new text end

(c) Training required under this section must be at least one hour in length,
completed at orientation or initial training, and repeated at least once every five years. At
a minimum, the training must address the proper use of child restraint systems based on
the child's size, weight, and age, and the proper installation of a car seat or booster seat in
the motor vehicle used by the license holder to transport the child or children.

(d) Training under paragraph (c) must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public
Safety Web site or by contacting the agency.

Sec. 7.

Minnesota Statutes 2005 Supplement, section 245C.07, is amended to read:

245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.

(a) When a license holder owns multiple facilities deleted text begin that are licensed by the deleted text end
deleted text begin Department of Human Services deleted text end , only one background study is required for an individual
who provides direct contact services in one or more of the licensed facilities if:

(1) the license holder designates one individual with one address and telephone
number as the person to receive sensitive background study information for the multiple
licensed programs that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information
is capable of determining, upon request of the department, whether a background study
subject is providing direct contact services in one or more of the license holder's programs
and, if so, at which location or locations.

(b) When a background study is being initiated by a licensed facility or a foster care
provider that is also registered under chapter 144D, a study subject affiliated with multiple
licensed facilities may attach to the background study form a cover letter indicating the
additional facilities' names, addresses, and background study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each
facility identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies
shall satisfy those facilities' responsibilities for initiating a background study on that
individual.

Sec. 8.

Minnesota Statutes 2005 Supplement, section 245C.13, subdivision 2, is
amended to read:

Subd. 2.

Direct contact pending completion of background study.

The subject
of a background study may not perform any activity requiring a background study under
paragraph (b) until the commissioner has issued one of the notices under paragraph (a).

(a) Notices from the commissioner required prior to activity under paragraph (b)
include:

(1) a notice of the study results under section 245C.17 stating that:

(i) the individual is not disqualified; or

(ii) more time is needed to complete the study but the individual is not required to be
removed from direct contact or access to people receiving services prior to completion
of the study as provided under section deleted text begin 245A.17 deleted text end new text begin 245C.17, subdivision 1 new text end , deleted text begin paragraph deleted text end new text begin
paragraphs (b) or new text end (c);

(2) a notice that a disqualification has been set aside under section 245C.23; or

(3) a notice that a variance has been granted related to the individual under section
245C.30.

(b) Activities prohibited prior to receipt of notice under paragraph (a) include:

(1) being issued a license;

(2) living in the household where the licensed program will be provided;

(3) providing direct contact services to persons served by a program unless the
subject is under continuous direct supervision; or

(4) having access to persons receiving services if the background study was
completed under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a),
clause (2), (5), or (6), unless the subject is under continuous direct supervision.

Sec. 9.

Minnesota Statutes 2005 Supplement, section 245C.15, subdivision 2, is
amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a felony-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph
(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm);
609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth
degree); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation
of a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple
robbery); 609.255 (false imprisonment); 609.2664 (manslaughter of an unborn child in the
first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267
(assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in
the second degree); 609.268 (injury or death of an unborn child in the commission of a
crime); 609.27 (coercion); 609.275 (attempt to coerce); deleted text begin repeat offenses under 609.3451
(criminal sexual conduct in the fifth degree); deleted text end 609.466 (medical assistance fraud); 609.498,
subdivision 1 or 1b (aggravated first degree or first degree tampering with a witness);
609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing stolen goods
into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535
(issuance of dishonored checks); 609.562 (arson in the second degree); 609.563 (arson
in the third degree); 609.582 (burglary); 609.611 (insurance fraud); 609.625 (aggravated
forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged check); 609.635
(obtaining signature by false pretense); 609.66 (dangerous weapons); 609.67 (machine
guns and short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 609.713
(terroristic threats); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card
fraud); repeat offenses under 617.23 (indecent exposure; penalties); repeat offenses under
617.241 (obscene materials and performances; distribution and exhibition prohibited;
penalty); chapter 152 (drugs; controlled substance); or a felony-level conviction involving
alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) For foster care and family child care an individual is disqualified under section
245C.14 if less than 15 years has passed since the individual's voluntary termination of
the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or
260C.301, subdivision 3.

(d) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of the offenses
listed in paragraph (a).

(e) If the individual studied is convicted of one of the felonies listed in paragraph
(a), but the sentence is a gross misdemeanor or misdemeanor disposition, the individual
is disqualified but the disqualification lookback period for the conviction is the period
applicable to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the date
of an admission in court. When a disqualification is based on a preponderance of evidence
of a disqualifying act, the disqualification date begins from the date of the dismissal, the
date of discharge of the sentence imposed for a conviction for a disqualifying crime of
similar elements, or the date of the incident, whichever occurs last.

Sec. 10.

Minnesota Statutes 2005 Supplement, section 245C.15, subdivision 3, is
amended to read:

Subd. 3.

Ten-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a gross misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10,
paragraph (c) (federal Food Stamp Program fraud); 609.224 (assault in the fifth degree);
609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a
vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of
persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal
abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a
vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision
1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house);
deleted text begin 609.3451 (criminal sexual conduct in the fifth degree); deleted text end 609.377 (malicious punishment of a
child); 609.378 (neglect or endangerment of a child); deleted text begin 609.446 deleted text end new text begin 609.466 new text end (medical assistance
fraud); 609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity
theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks);
609.582 (burglary); 609.611 (insurance fraud); 609.631 (check forgery; offering a forged
check); 609.66 (dangerous weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly
conduct against a vulnerable adult); repeat offenses under 609.746 (interference with
privacy); 609.749, subdivision 2 (harassment; stalking); new text begin 609.82 (fraud in obtaining
credit); 609.821 (financial transaction card fraud); new text end repeat offenses under 617.23 (indecent
exposure); 617.241 (obscene materials and performances); 617.243 (indecent literature,
distribution); 617.293 (harmful materials; dissemination and display to minors prohibited);
or violation of an order for protection under section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if less than ten years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) An individual is disqualified under section 245C.14 if less than ten years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the
offenses listed in paragraph (a).

(d) If the defendant is convicted of one of the gross misdemeanors listed in
paragraph (a), but the sentence is a misdemeanor disposition, the individual is disqualified
but the disqualification lookback period for the conviction is the period applicable to
misdemeanors.

(e) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the date
of an admission in court. When a disqualification is based on a preponderance of evidence
of a disqualifying act, the disqualification date begins from the date of the dismissal, the
date of discharge of the sentence imposed for a conviction for a disqualifying crime of
similar elements, or the date of the incident, whichever occurs last.

Sec. 11.

Minnesota Statutes 2005 Supplement, section 245C.22, subdivision 7, is
amended to read:

Subd. 7.

Classification of certain data.

(a) Notwithstanding section 13.46, upon
setting aside a disqualification under this section, the identity of the disqualified individual
who received the set aside and the individual's disqualifying characteristics are public
data if the set aside was:

(1) for any disqualifying characteristic under section 245C.15, when the set aside
relates to a child care center or a family child care provider licensed under chapter 245A; or

(2) for a disqualifying characteristic under section 245C.15, subdivision 2.

(b) Notwithstanding section 13.46, upon granting a variance to a license holder
under section 245C.30, the identity of the disqualified individual who is the subject of
the variance, the individual's disqualifying characteristics under section 245C.15, and the
terms of the variance are public data, when the variance:

(1) is issued to a child care center or a family child care provider licensed under
chapter 245A; or

(2) relates to an individual with a disqualifying characteristic under section 245C.15,
subdivision 2.

(c) The identity of a disqualified individual and the reason for disqualification
remain private data when:

(1) a disqualification is not set aside and no variance is granted;

(2) the data are not public under paragraph (a) or (b);

(3) the disqualification is rescinded because the information relied upon to disqualify
the individual is incorrect; or

(4) the disqualification relates to a license to provide relative child foster care.
As used in this clause, "relative" has the meaning given it under section 260C.007,
subdivision 27.

(d) Licensed family deleted text begin day deleted text end new text begin child new text end care providers and child care centers must deleted text begin notify deleted text end new text begin
provide new text end parents deleted text begin considering enrollment of a child or parents of a child attending the
family deleted text end deleted text begin day deleted text end new text begin new text end deleted text begin care or child care center if the program employs or has living in the home any
individual who is the subject of either a set aside or variance deleted text end new text begin notice as required under
section 245C.301 new text end .

Sec. 12.

Minnesota Statutes 2005 Supplement, section 245C.24, subdivision 3, is
amended to read:

Subd. 3.

Ten-year bar to set aside disqualification.

(a) The commissioner may not
set aside the disqualification of an individual in connection with a license to provide family
child care for children, foster care for children in the provider's home, or foster care or day
care services for adults in the provider's home if: (1) less than ten years has passed since
the discharge of the sentence imposed, if any, for the offense; or (2) when disqualified
based on a preponderance of evidence determination under section deleted text begin 245A.14 deleted text end new text begin 245C.14 new text end ,
subdivision 1, paragraph (a), clause (2), or an admission under section deleted text begin 245A.14 deleted text end new text begin 245C.14 new text end ,
subdivision 1, paragraph (a), clause (1), and less than ten years has passed since the
individual committed the act or admitted to committing the act, whichever is later; and (3)
the individual has committed a violation of any of the following offenses: sections 609.165
(felon ineligible to possess firearm); criminal vehicular homicide under 609.21 (criminal
vehicular homicide and injury); 609.215 (aiding suicide or aiding attempted suicide);
felony violations under 609.223 or 609.2231 (assault in the third or fourth degree); 609.713
(terroristic threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple
robbery); 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71
(riot); 609.498, subdivision 1 or 1b (aggravated first degree or first degree tampering
with a witness); burglary in the first or second degree under 609.582 (burglary); 609.66
(dangerous weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled
shotguns); 609.749, subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or
152.022 (controlled substance crime in the first or second degree); 152.023, subdivision
1, clause (3) or (4) or subdivision 2, clause (4) (controlled substance crime in the third
degree); 152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in
the fourth degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a
caregiver against a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231
(mistreatment of residents or patients); 609.2325 (criminal abuse of a vulnerable adult);
609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a
vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665
(manslaughter of an unborn child in the first or second degree); 609.267 to 609.2672
(assault of an unborn child in the first, second, or third degree); 609.268 (injury or death
of an unborn child in the commission of a crime); 617.293 (disseminating or displaying
harmful material to minors); a felony-level conviction involving alcohol or drug use,
a gross misdemeanor offense under 609.324, subdivision 1 (other prohibited acts); a
gross misdemeanor offense under 609.378 (neglect or endangerment of a child); a gross
misdemeanor offense under 609.377 (malicious punishment of a child); or 609.72,
subdivision 3 (disorderly conduct against a vulnerable adult).

(b) The commissioner may not set aside the disqualification of an individual if
less than ten years have passed since the individual's aiding and abetting, attempt, or
conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses
is defined in Minnesota Statutes.

(c) The commissioner may not set aside the disqualification of an individual if less
than ten years have passed since the discharge of the sentence imposed for an offense in
any other state or country, the elements of which are substantially similar to the elements
of any of the offenses listed in paragraph (a).

Sec. 13.

Minnesota Statutes 2004, section 254A.03, subdivision 3, is amended to read:

Subd. 3.

Rules for chemical dependency care.

The commissioner of human
services shall establish by rule criteria to be used in determining the appropriate level
of chemical dependency care deleted text begin , whether outpatient, inpatient or short-term treatment
programs, deleted text end for each recipient of public assistance seeking treatment for alcohol or other
drug dependency and abuse problems. deleted text begin The criteria shall address, at least, the family
relationship, past treatment history, medical or physical problems, arrest record, and
employment situation.
deleted text end

Sec. 14.

Minnesota Statutes 2004, section 254A.16, subdivision 2, is amended to read:

Subd. 2.

Program and service guidelines.

(a) The commissioner shall provide
program and service guidelines and technical assistance to the county boards in carrying
out services authorized under deleted text begin sections deleted text end new text begin section new text end 254A.08 deleted text begin , 254A.12, 254A.14, and their
responsibilities under chapter 256E deleted text end .

(b) The commissioner shall recommend to the governor means of improving
the efficiency and effectiveness of comprehensive program services in the state and
maximizing the use of nongovernmental funds for providing comprehensive programs.

Sec. 15.

Minnesota Statutes 2004, section 254B.02, subdivision 1, is amended to read:

Subdivision 1.

Chemical dependency treatment allocation.

The chemical
dependency funds appropriated for allocation shall be placed in a special revenue account.
The commissioner shall annually transfer funds from the chemical dependency fund to pay
for operation of the drug and alcohol abuse normative evaluation system and to pay for all
costs incurred by adding two positions for licensing of chemical dependency treatment
and rehabilitation programs located in hospitals for which funds are not otherwise
appropriated. deleted text begin For each year of the biennium ending June 30, 1999, the commissioner
shall allocate funds to the American Indian chemical dependency tribal account for
treatment of American Indians by eligible vendors under section 254B.05, equal to
the amount allocated in fiscal year 1997. deleted text end new text begin Six percent of the remaining money must be
reserved for treatment of American Indians by eligible vendors under section 254B.09. new text end
The commissioner shall annually divide the money available in the chemical dependency
fund that is not held in reserve by counties from a previous allocation, or allocated to the
American Indian chemical dependency tribal account. Six percent of the remaining money
must be reserved for the nonreservation American Indian chemical dependency allocation
for treatment of American Indians by eligible vendors under section 254B.05, subdivision
1. The remainder of the money must be allocated among the counties according to the
following formula, using state demographer data and other data sources determined by
the commissioner:

(a) For purposes of this formula, American Indians and children under age 14 are
subtracted from the population of each county to determine the restricted population.

(b) The amount of chemical dependency fund expenditures for entitled persons for
services not covered by prepaid plans governed by section 256B.69 in the previous year is
divided by the amount of chemical dependency fund expenditures for entitled persons for
all services to determine the proportion of exempt service expenditures for each county.

(c) The prepaid plan months of eligibility is multiplied by the proportion of exempt
service expenditures to determine the adjusted prepaid plan months of eligibility for
each county.

(d) The adjusted prepaid plan months of eligibility is added to the number of
restricted population fee for service months of eligibility for the Minnesota family
investment program, general assistance, and medical assistance and divided by the county
restricted population to determine county per capita months of covered service eligibility.

(e) The number of adjusted prepaid plan months of eligibility for the state is added
to the number of fee for service months of eligibility for the Minnesota family investment
program, general assistance, and medical assistance for the state restricted population and
divided by the state restricted population to determine state per capita months of covered
service eligibility.

(f) The county per capita months of covered service eligibility is divided by the
state per capita months of covered service eligibility to determine the county welfare
caseload factor.

(g) The median married couple income for the most recent three-year period
available for the state is divided by the median married couple income for the same period
for each county to determine the income factor for each county.

(h) The county restricted population is multiplied by the sum of the county welfare
caseload factor and the county income factor to determine the adjusted population.

(i) $15,000 shall be allocated to each county.

(j) The remaining funds shall be allocated proportional to the county adjusted
population.

Sec. 16.

Minnesota Statutes 2004, section 254B.02, subdivision 5, is amended to read:

Subd. 5.

Administrative adjustment.

The commissioner may make payments to
local agencies from money allocated under this section to support administrative activities
under sections 254B.03 and 254B.04. The administrative payment must not exceed
five percent of the first $50,000, four percent of the next $50,000, and three percent of
the remaining payments for services from the allocation. deleted text begin Twenty-five percent of the
administrative allowance shall be advanced at the beginning of each quarter, based on
the payments for services made in the most recent quarter for which data is available.
Adjustment of any overestimate or underestimate based on actual expenditures shall be
made by the state agency by adjusting the administrative allowance for any succeeding
quarter. deleted text end

Sec. 17.

Minnesota Statutes 2004, section 254B.03, subdivision 1, is amended to read:

Subdivision 1.

Local agency duties.

(a) Every local agency shall provide chemical
dependency services to persons residing within its jurisdiction who meet criteria
established by the commissioner for placement in a chemical dependency residential or
nonresidential treatment service. Chemical dependency money must be administered
by the local agencies according to law and rules adopted by the commissioner under
sections 14.001 to 14.69.

(b) In order to contain costs, the county board shall, with the approval of the
commissioner of human services, select eligible vendors of chemical dependency services
who can provide economical and appropriate treatment. Unless the local agency is a social
services department directly administered by a county or human services board, the local
agency shall not be an eligible vendor under section 254B.05. The commissioner may
approve proposals from county boards to provide services in an economical manner or to
control utilization, with safeguards to ensure that necessary services are provided. If a
county implements a demonstration or experimental medical services funding plan, the
commissioner shall transfer the money as appropriate. If a county selects a vendor located
in another state, the county shall ensure that the vendor is in compliance with the rules
governing licensure of programs located in the state.

deleted text begin (c) The calendar year 2002 rate for vendors may not increase more than three
percent above the rate approved in effect on January 1, 2001. The calendar year 2003
rate for vendors may not increase more than three percent above the rate in effect on
January 1, 2002. The calendar years 2004 and 2005 rates may not exceed the rate in
effect on January 1, 2003.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end A culturally specific vendor that provides assessments under a variance under
Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to
persons not covered by the variance.

Sec. 18.

Minnesota Statutes 2004, section 254B.03, subdivision 3, is amended to read:

Subd. 3.

Local agencies to pay state for county share.

deleted text begin Local agencies shall submit
invoices to the state on forms supplied by the commissioner and according to procedures
established by the commissioner. deleted text end Local agencies shall pay the state for the county share
of the deleted text begin invoiced deleted text end services new text begin authorized by the local agency new text end . deleted text begin Payments shall be made at the
beginning of each month for services provided in the previous month. The commissioner
shall bill the county monthly for services, based on the most recent month for which
expenditure information is available. Adjustment of any overestimate or underestimate
based on actual expenditures shall be made by the state agency by adjusting the estimate
for any succeeding month.
deleted text end

Sec. 19.

Minnesota Statutes 2004, section 254B.06, subdivision 3, is amended to read:

Subd. 3.

Payment; denial.

The commissioner shall pay eligible vendors for
placements made by local agencies under section 254B.03, subdivision 1, and placements
by tribal designated agencies according to section 254B.09. The commissioner may
reduce or deny payment of the state share when services are not provided according to the
placement criteria established by the commissioner. The commissioner may pay for all or
a portion of improper county chemical dependency placements and bill the county for the
entire payment made when the placement did not comply with criteria established by the
commissioner. The commissioner may make payments to vendors and charge the county
100 percent of the payments if documentation of a county approved placement is received
more than 30 working days, exclusive of weekends and holidays, after the date services
began deleted text begin ; or if the county approved invoice is received by the commissioner more than 120
days after the last date of service provided. The commissioner shall not pay vendors until
private insurance company claims have been settled deleted text end .

Sec. 20.

Minnesota Statutes 2004, section 256.045, subdivision 3b, is amended to read:

Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a) The state human services referee shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under sections 626.556
and 626.557. For purposes of hearings regarding disqualification, the state human services
referee shall affirm the proposed disqualification in an appeal under subdivision 3,
paragraph (a), clause (9), if a preponderance of the evidence shows the individual has:

(1) committed maltreatment under section 626.556 or 626.557, which is serious or
recurring;

(2) committed an act or acts meeting the definition of any of the crimes listed in
section 245C.15, subdivisions 1 to 4; or

(3) failed to make required reports under section 626.556 or 626.557, for incidents
in which the final disposition under section 626.556 or 626.557 was substantiated
maltreatment that was serious or recurring.

(b) If the disqualification is affirmed, the state human services referee shall
determine whether the individual poses a risk of harm in accordance with the requirements
of section 245C.16, and whether the disqualification should be set aside or not set aside.
In determining whether the disqualification should be set aside, the human services
referee shall consider all of the characteristics that cause the individual to be disqualified,
including those characteristics that were not subject to review under paragraph (a), in
order to determine whether the individual poses a risk of harm. A decision to set aside
a disqualification that is the subject of the hearing constitutes a determination that the
individual does not pose a risk of harm and that the individual may provide direct contact
services in the individual program specified in the set aside. If a determination that the
information relied upon to disqualify an individual was correct and is conclusive under
section 245C.29, and the individual is subsequently disqualified under section 245C.14,
the individual has a right to again request reconsideration on the risk of harm under section
245C.21. Subsequent determinations regarding risk of harm are not subject to another
hearing under this section.

(c) The state human services referee shall recommend an order to the commissioner
of health, education, new text begin corrections, new text end or human services, as applicable, who shall issue a final
order. The commissioner shall affirm, reverse, or modify the final disposition. Any order
of the commissioner issued in accordance with this subdivision is conclusive upon the
parties unless appeal is taken in the manner provided in subdivision 7. In any licensing
appeal under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to
144A.46, the commissioner's determination as to maltreatment is conclusive, as provided
under section 245C.29.

Sec. 21.

Minnesota Statutes 2004, section 256.0451, subdivision 1, is amended to read:

Subdivision 1.

Scope.

The requirements in this section apply to all fair hearings
and appeals under section 256.045, subdivision 3, paragraph (a), clauses (1), (2), (3),
(5), (6), deleted text begin and deleted text end (7) new text begin , and (8) new text end . Except as provided in subdivisions 3 and 19, the requirements
under this section apply to fair hearings and appeals under section 256.045, subdivision 3,
paragraph (a), clauses (4), deleted text begin (8), deleted text end new text begin (9), new text end and deleted text begin (9) deleted text end new text begin (10) new text end .

The term "person" is used in this section to mean an individual who, on behalf
of themselves or their household, is appealing or disputing or challenging an action,
a decision, or a failure to act, by an agency in the human services system. When a
person involved in a proceeding under this section is represented by an attorney or by
an authorized representative, the term "person" also refers to the person's attorney or
authorized representative. Any notice sent to the person involved in the hearing must also
be sent to the person's attorney or authorized representative.

The term "agency" includes the county human services agency, the state human
services agency, and, where applicable, any entity involved under a contract, subcontract,
grant, or subgrant with the state agency or with a county agency, that provides or operates
programs or services in which appeals are governed by section 256.045.

Sec. 22.

Minnesota Statutes 2004, section 256.0451, subdivision 3, is amended to read:

Subd. 3.

Agency appeal summary.

(a) Except in fair hearings and appeals under
section 256.045, subdivision 3, paragraph (a), clauses (4), deleted text begin (8), deleted text end new text begin (9), new text end and deleted text begin (9) deleted text end new text begin (10) new text end , the agency
involved in an appeal must prepare a state agency appeal summary for each fair hearing
appeal. The state agency appeal summary shall be mailed or otherwise delivered to the
person who is involved in the appeal at least three working days before the date of the
hearing. The state agency appeal summary must also be mailed or otherwise delivered
to the department's Appeals Office at least three working days before the date of the
fair hearing appeal.

(b) In addition, the appeals referee shall confirm that the state agency appeal
summary is mailed or otherwise delivered to the person involved in the appeal as required
under paragraph (a). The person involved in the fair hearing should be provided, through
the state agency appeal summary or other reasonable methods, appropriate information
about the procedures for the fair hearing and an adequate opportunity to prepare. These
requirements apply equally to the state agency or an entity under contract when involved
in the appeal.

(c) The contents of the state agency appeal summary must be adequate to inform the
person involved in the appeal of the evidence on which the agency relies and the legal
basis for the agency's action or determination.

Sec. 23.

Minnesota Statutes 2004, section 256.0451, subdivision 11, is amended to
read:

Subd. 11.

Hearing facilities and equipment.

The appeals referee shall conduct
the hearing in the county where the person involved resides, unless an alternate location
is mutually agreed upon before the hearing, or unless the person has agreed to a hearing
by telephone. Hearings under section 256.045, subdivision 3, paragraph (a), clauses (4),
deleted text begin (8), deleted text end new text begin (9), new text end and deleted text begin (9) deleted text end new text begin (10) new text end , must be conducted in the county where the determination was made,
unless an alternate location is mutually agreed upon before the hearing. The hearing room
shall be of sufficient size and layout to adequately accommodate both the number of
individuals participating in the hearing and any identified special needs of any individual
participating in the hearing. The appeals referee shall ensure that all communication and
recording equipment that is necessary to conduct the hearing and to create an adequate
record is present and functioning properly. If any necessary communication or recording
equipment fails or ceases to operate effectively, the appeals referee shall take any steps
necessary, including stopping or adjourning the hearing, until the necessary equipment is
present and functioning properly. All reasonable efforts shall be undertaken to prevent and
avoid any delay in the hearing process caused by defective communication or recording
equipment.

Sec. 24.

Minnesota Statutes 2004, section 256.0451, subdivision 19, is amended to
read:

Subd. 19.

Developing the record.

The appeals referee shall accept all evidence,
except evidence privileged by law, that is commonly accepted by reasonable people in
the conduct of their affairs as having probative value on the issues to be addressed at
the hearing. Except in fair hearings and appeals under section 256.045, subdivision 3,
paragraph (a), clauses (4), deleted text begin (8), deleted text end new text begin (9), new text end and deleted text begin (9) deleted text end new text begin (10) new text end , in cases involving medical issues such
as a diagnosis, a physician's report, or a review team's decision, the appeals referee
shall consider whether it is necessary to have a medical assessment other than that of
the individual making the original decision. When necessary, the appeals referee shall
require an additional assessment be obtained at agency expense and made part of the
hearing record. The appeals referee shall ensure for all cases that the record is sufficiently
complete to make a fair and accurate decision.

Sec. 25.

Minnesota Statutes 2005 Supplement, section 256.046, subdivision 1, is
amended to read:

Subdivision 1.

Hearing authority.

A local agency must initiate an administrative
fraud disqualification hearing for individuals, including child care providers caring for
children receiving child care assistance, accused of wrongfully obtaining assistance or
intentional program violations, in lieu of a criminal action when it has not been pursued, in
the aid to families with dependent children program formerly codified in sections 256.72
to 256.87, MFIP, the diversionary work program, child care assistance programs, general
assistance, family general assistance program formerly codified in section 256D.05,
subdivision 1, clause (15), Minnesota supplemental aid, food stamp programs, general
assistance medical care, MinnesotaCare for adults without children, and upon federal
approval, all categories of medical assistance and remaining categories of MinnesotaCare
except for children through age 18. The Department of Human Services, in lieu of a local
agency, may initiate an administrative fraud disqualification hearing when the state agency
is directly responsible for administration of the health care program for which benefits
were wrongfully obtained. The hearing is subject to the requirements of section 256.045
and the requirements in Code of Federal Regulations, title 7, section 273.16, for the food
stamp program new text begin new text end deleted text begin and title 45, section 235.112, as of September 30, 1995, for deleted text end new text begin , new text end the cash grant,
medical care programs, and child care assistance under chapter 119B.

Sec. 26.

Minnesota Statutes 2005 Supplement, section 256B.0625, subdivision 13c,
is amended to read:

Subd. 13c.

Formulary committee.

The commissioner, after receiving
recommendations from professional medical associations and professional pharmacy
associations, and consumer groups shall designate a Formulary Committee to carry
out duties as described in subdivisions 13 to 13g. The Formulary Committee shall be
comprised of four licensed physicians actively engaged in the practice of medicine in
Minnesota one of whom must be actively engaged in the treatment of persons with mental
illness; at least three licensed pharmacists actively engaged in the practice of pharmacy
in Minnesota; and one consumer representative; the remainder to be made up of health
care professionals who are licensed in their field and have recognized knowledge in the
clinically appropriate prescribing, dispensing, and monitoring of covered outpatient drugs.
Members of the Formulary Committee shall not be employed by the Department of
Human Services, but the committee shall be staffed by an employee of the department
who shall serve as an ex officio, nonvoting member of the deleted text begin board deleted text end new text begin committee new text end . The
department's medical director shall also serve as an ex officio, nonvoting member for the
committee. Committee members shall serve three-year terms and may be reappointed
by the commissioner. The Formulary Committee shall meet at least quarterly. The
commissioner may require more frequent Formulary Committee meetings as needed. An
honorarium of $100 per meeting and reimbursement for mileage shall be paid to each
committee member in attendance.

Sec. 27.

Minnesota Statutes 2004, section 256B.0625, subdivision 23, is amended to
read:

Subd. 23.

Day treatment services.

Medical assistance covers day treatment
services as specified in sections 245.462, subdivision 8, and 245.4871, subdivision 10, that
are provided under contract with the county board. Notwithstanding Minnesota Rules,
part 9505.0323, subpart 15, the commissioner may set authorization thresholds for day
treatment for adults according to section 256B.0625, subdivision 25. new text begin Notwithstanding
Minnesota Rules, part 9505.0323, subpart 15, new text end effective July 1, 2004, medical assistance
covers day treatment services for children as specified under section 256B.0943.

Sec. 28.

Minnesota Statutes 2005 Supplement, section 256B.0943, subdivision 6,
is amended to read:

Subd. 6.

Provider entity clinical infrastructure requirements.

(a) To be
an eligible provider entity under this section, a provider entity must have a clinical
infrastructure that utilizes diagnostic assessment, an individualized treatment plan,
service delivery, and individual treatment plan review that are culturally competent,
child-centered, and family-driven to achieve maximum benefit for the client. The provider
entity must review and update the clinical policies and procedures every three years and
must distribute the policies and procedures to staff initially and upon each subsequent
update.

(b) The clinical infrastructure written policies and procedures must include policies
and procedures for:

(1) providing or obtaining a client's diagnostic assessment that identifies acute and
chronic clinical disorders, co-occurring medical conditions, sources of psychological and
environmental problems, and a functional assessment. The functional assessment must
clearly summarize the client's individual strengths and needs;

(2) developing an individual treatment plan that is:

(i) based on the information in the client's diagnostic assessment;

(ii) developed no later than the end of the first psychotherapy session after the
completion of the client's diagnostic assessment by the mental health professional who
provides the client's psychotherapy;

(iii) developed through a child-centered, family-driven planning process that
identifies service needs and individualized, planned, and culturally appropriate
interventions that contain specific treatment goals and objectives for the client and the
client's family or foster family;

(iv) reviewed at least once every 90 days and revised, if necessary; and

(v) signed by the client or, if appropriate, by the client's parent or other person
authorized by statute to consent to mental health services for the client;

(3) developing an individual behavior plan that documents services to be provided
by the mental health behavioral aide. The individual behavior plan must include:

(i) detailed instructions on the service to be provided;

(ii) time allocated to each service;

(iii) methods of documenting the child's behavior;

(iv) methods of monitoring the child's progress in reaching objectives; and

(v) goals to increase or decrease targeted behavior as identified in the individual
treatment plan;

(4) clinical supervision of the mental health practitioner and mental health
behavioral aide. A mental health professional must document the clinical supervision
the professional provides by cosigning individual treatment plans and making entries in
the client's record on supervisory activities. Clinical supervision does not include the
authority to make or terminate court-ordered placements of the child. A clinical supervisor
must be available for urgent consultation as required by the individual client's needs or
the situation. Clinical supervision may occur individually or in a small group to discuss
treatment and review progress toward goals. The focus of clinical supervision must be the
client's treatment needs and progress and the mental health practitioner's or behavioral
aide's ability to provide services;

(4a) CTSS certified provider entities providing day treatment programs must meet
the conditions in items (i) to (iii):

(i) the deleted text begin provider deleted text end new text begin supervisor new text end must be present and available on the premises more
than 50 percent of the time in a five-working-day period during which the supervisee is
providing a mental health service;

(ii) the diagnosis and the client's individual treatment plan or a change in the
diagnosis or individual treatment plan must be made by or reviewed, approved, and signed
by the deleted text begin provider deleted text end new text begin supervisor new text end ; and

(iii) every 30 days, the supervisor must review and sign the record of the client's
care for all activities in the preceding 30-day period;

(4b) for all other services provided under CTSS, clinical supervision standards
provided in items (i) to (iii) must be used:

(i) medical assistance shall reimburse a mental health practitioner who maintains a
consulting relationship with a mental health professional who accepts full professional
responsibility and is present on site for at least one observation during the first 12 hours
in which the mental health practitioner provides the individual, family, or group skills
training to the child or the child's family;

(ii) thereafter, the mental health professional is required to be present on site for
observation as clinically appropriate when the mental health practitioner is providing
individual, family, or group skills training to the child or the child's family; and

(iii) the observation must be a minimum of one clinical unit. The on-site presence of
the mental health professional must be documented in the child's record and signed by the
mental health professional who accepts full professional responsibility;

(5) providing direction to a mental health behavioral aide. For entities that employ
mental health behavioral aides, the clinical supervisor must be employed by the provider
entity or other certified children's therapeutic supports and services provider entity to
ensure necessary and appropriate oversight for the client's treatment and continuity of
care. The mental health professional or mental health practitioner giving direction must
begin with the goals on the individualized treatment plan, and instruct the mental health
behavioral aide on how to construct therapeutic activities and interventions that will lead
to goal attainment. The professional or practitioner giving direction must also instruct
the mental health behavioral aide about the client's diagnosis, functional status, and other
characteristics that are likely to affect service delivery. Direction must also include
determining that the mental health behavioral aide has the skills to interact with the client
and the client's family in ways that convey personal and cultural respect and that the aide
actively solicits information relevant to treatment from the family. The aide must be
able to clearly explain the activities the aide is doing with the client and the activities'
relationship to treatment goals. Direction is more didactic than is supervision and requires
the professional or practitioner providing it to continuously evaluate the mental health
behavioral aide's ability to carry out the activities of the individualized treatment plan
and the individualized behavior plan. When providing direction, the professional or
practitioner must:

(i) review progress notes prepared by the mental health behavioral aide for accuracy
and consistency with diagnostic assessment, treatment plan, and behavior goals and the
professional or practitioner must approve and sign the progress notes;

(ii) identify changes in treatment strategies, revise the individual behavior plan,
and communicate treatment instructions and methodologies as appropriate to ensure
that treatment is implemented correctly;

(iii) demonstrate family-friendly behaviors that support healthy collaboration among
the child, the child's family, and providers as treatment is planned and implemented;

(iv) ensure that the mental health behavioral aide is able to effectively communicate
with the child, the child's family, and the provider; and

(v) record the results of any evaluation and corrective actions taken to modify the
work of the mental health behavioral aide;

(6) providing service delivery that implements the individual treatment plan and
meets the requirements under subdivision 9; and

(7) individual treatment plan review. The review must determine the extent to which
the services have met the goals and objectives in the previous treatment plan. The review
must assess the client's progress and ensure that services and treatment goals continue to
be necessary and appropriate to the client and the client's family or foster family. Revision
of the individual treatment plan does not require a new diagnostic assessment unless the
client's mental health status has changed markedly. The updated treatment plan must be
signed by the client, if appropriate, and by the client's parent or other person authorized by
statute to give consent to the mental health services for the child.

Sec. 29.

Minnesota Statutes 2004, section 256B.0943, subdivision 9, is amended to
read:

Subd. 9.

Service delivery criteria.

(a) In delivering services under this section, a
certified provider entity must ensure that:

(1) each individual provider's caseload size permits the provider to deliver services
to both clients with severe, complex needs and clients with less intensive needs. The
provider's caseload size should reasonably enable the provider to play an active role in
service planning, monitoring, and delivering services to meet the client's and client's
family's needs, as specified in each client's individual treatment plan;

(2) site-based programs, including day treatment and preschool programs, provide
staffing and facilities to ensure the client's health, safety, and protection of rights, and that
the programs are able to implement each client's individual treatment plan;

(3) a day treatment program is provided to a group of clients by a multidisciplinary
team under the clinical supervision of a mental health professional. The day treatment
program must be provided in and by: (i) an outpatient hospital accredited by the Joint
Commission on Accreditation of Health Organizations and licensed under sections 144.50
to 144.55;

(ii) a community mental health center under section 245.62; and

(iii) an entity that is under contract with the county board to operate a program that
meets the requirements of sections 245.4712, subdivision 2, and 245.4884, subdivision 2,
and Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must
stabilize the client's mental health status while developing and improving the client's
independent living and socialization skills. The goal of the day treatment program must be
to reduce or relieve the effects of mental illness and provide training to enable the client
to live in the community. The program must be available at least one day a week for
a deleted text begin minimum deleted text end three-hour time block. The three-hour time block must include at least one
hour, but no more than two hours, of individual or group psychotherapy. The remainder
of the three-hour time block may include recreation therapy, socialization therapy, or
independent living skills therapy, but only if the therapies are included in the client's
individual treatment plan. Day treatment programs are not part of inpatient or residential
treatment services; and

(4) a preschool program is a structured treatment program offered to a child who
is at least 33 months old, but who has not yet reached the first day of kindergarten, by a
preschool multidisciplinary team in a day program licensed under Minnesota Rules, parts
9503.0005 to 9503.0175. The program must be available at least one day a week for a
minimum two-hour time block. The structured treatment program may include individual
or group psychotherapy and recreation therapy, socialization therapy, or independent
living skills therapy, if included in the client's individual treatment plan.

(b) A provider entity must deliver the service components of children's therapeutic
services and supports in compliance with the following requirements:

(1) individual, family, and group psychotherapy must be delivered as specified in
Minnesota Rules, part 9505.0323;

(2) individual, family, or group skills training must be provided by a mental health
professional or a mental health practitioner who has a consulting relationship with a
mental health professional who accepts full professional responsibility for the training;

(3) crisis assistance must be time-limited and designed to resolve or stabilize crisis
through arrangements for direct intervention and support services to the child and the
child's family. Crisis assistance must utilize resources designed to address abrupt or
substantial changes in the functioning of the child or the child's family as evidenced by
a sudden change in behavior with negative consequences for well being, a loss of usual
coping mechanisms, or the presentation of danger to self or others;

(4) medically necessary services that are provided by a mental health behavioral
aide must be designed to improve the functioning of the child and support the family in
activities of daily and community living. A mental health behavioral aide must document
the delivery of services in written progress notes. The mental health behavioral aide
must implement goals in the treatment plan for the child's emotional disturbance that
allow the child to acquire developmentally and therapeutically appropriate daily living
skills, social skills, and leisure and recreational skills through targeted activities. These
activities may include:

(i) assisting a child as needed with skills development in dressing, eating, and
toileting;

(ii) assisting, monitoring, and guiding the child to complete tasks, including
facilitating the child's participation in medical appointments;

(iii) observing the child and intervening to redirect the child's inappropriate behavior;

(iv) assisting the child in using age-appropriate self-management skills as related
to the child's emotional disorder or mental illness, including problem solving, decision
making, communication, conflict resolution, anger management, social skills, and
recreational skills;

(v) implementing deescalation techniques as recommended by the mental health
professional;

(vi) implementing any other mental health service that the mental health professional
has approved as being within the scope of the behavioral aide's duties; or

(vii) assisting the parents to develop and use parenting skills that help the child
achieve the goals outlined in the child's individual treatment plan or individual behavioral
plan. Parenting skills must be directed exclusively to the child's treatment; and

(5) direction of a mental health behavioral aide must include the following:

(i) a total of one hour of on-site observation by a mental health professional during
the first 12 hours of service provided to a child;

(ii) ongoing on-site observation by a mental health professional or mental health
practitioner for at least a total of one hour during every 40 hours of service provided
to a child; and

(iii) immediate accessibility of the mental health professional or mental health
practitioner to the mental health behavioral aide during service provision.

Sec. 30.

Minnesota Statutes 2004, section 256B.0943, subdivision 11, is amended to
read:

Subd. 11.

Documentation and billing.

(a) A provider entity must document the
services it provides under this section. The provider entity must ensure that the entity's
documentation standards meet the requirements of federal and state laws. Services billed
under this section that are not documented according to this subdivision shall be subject to
monetary recovery by the commissioner. new text begin The provider entity may not bill for anything
other than direct service time.
new text end

(b) An individual mental health provider must promptly document the following
in a client's record after providing services to the client:

(1) each occurrence of the client's mental health service, including the date, type,
length, and scope of the service;

(2) the name of the person who gave the service;

(3) contact made with other persons interested in the client, including representatives
of the courts, corrections systems, or schools. The provider must document the name
and date of each contact;

(4) any contact made with the client's other mental health providers, case manager,
family members, primary caregiver, legal representative, or the reason the provider did
not contact the client's family members, primary caregiver, or legal representative, if
applicable; and

(5) required clinical supervision, as appropriate.

Sec. 31.

Minnesota Statutes 2005 Supplement, section 256B.0943, subdivision 12,
is amended to read:

Subd. 12.

Excluded services.

The following services are not eligible for medical
assistance payment as children's therapeutic services and supports:

(1) service components of children's therapeutic services and supports
simultaneously provided by more than one provider entity unless prior authorization is
obtained;

(2) children's therapeutic services and supports provided in violation of medical
assistance policy in Minnesota Rules, part 9505.0220;

(3) mental health behavioral aide services provided by a personal care assistant who
is not qualified as a mental health behavioral aide and employed by a certified children's
therapeutic services and supports provider entity;

(4) service components of CTSS that are the responsibility of a residential or
program license holder, including foster care providers under the terms of a service
agreement or administrative rules governing licensure; and

(5) adjunctive activities that may be offered by a provider entity but are not
otherwise covered by medical assistance, including:

(i) a service that is primarily recreation oriented or that is provided in a setting that
is not medically supervised. This includes sports activities, exercise groups, activities
such as craft hours, leisure time, social hours, meal or snack time, trips to community
activities, and tours;

(ii) a social or educational service that does not have or cannot reasonably be
expected to have a therapeutic outcome related to the client's emotional disturbance;

(iii) consultation with other providers or service agency staff about the care or
progress of a client;

(iv) prevention or education programs provided to the community; and

(v) treatment for clients with primary diagnoses of alcohol or other drug abuse deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) activities that are not direct service time.
new text end

Sec. 32.

Minnesota Statutes 2004, section 256B.431, subdivision 1, is amended to read:

Subdivision 1.

In general.

The commissioner shall determine prospective
payment rates for resident care costs. For rates established on or after July 1, 1985, the
commissioner shall develop procedures for determining operating cost payment rates that
take into account the mix of resident needs, geographic location, and other factors as
determined by the commissioner. The commissioner shall consider whether the fact that a
facility is attached to a hospital or has an average length of stay of 180 days or less should
be taken into account in determining rates. The commissioner shall consider the use of the
standard metropolitan statistical areas when developing groups by geographic location.
The commissioner shall provide notice to each nursing facility on or before deleted text begin May 1 deleted text end new text begin August
15 new text end of the rates effective for the following rate year except that if legislation is pending on deleted text begin
May 1 deleted text end new text begin August 15 new text end that may affect rates for nursing facilities, the commissioner shall set the
rates after the legislation is enacted and provide notice to each facility as soon as possible.

Compensation for top management personnel shall continue to be categorized as a
general and administrative cost and is subject to any limits imposed on that cost category.

Sec. 33.

Minnesota Statutes 2004, section 256B.431, subdivision 3f, is amended to
read:

Subd. 3f.

Property costs after July 1, 1988.

(a) Investment per bed limit. For the
rate year beginning July 1, 1988, the replacement-cost-new per bed limit must be $32,571
per licensed bed in multiple bedrooms and $48,857 per licensed bed in a single bedroom.
For the rate year beginning July 1, 1989, the replacement-cost-new per bed limit for a
single bedroom must be $49,907 adjusted according to Minnesota Rules, part 9549.0060,
subpart 4, item A, subitem (1). Beginning January 1, 1990, the replacement-cost-new per
bed limits must be adjusted annually as specified in Minnesota Rules, part 9549.0060,
subpart 4, item A, subitem (1). Beginning January 1, 1991, the replacement-cost-new per
bed limits will be adjusted annually as specified in Minnesota Rules, part 9549.0060,
subpart 4, item A, subitem (1), except that the index utilized will be the Bureau of deleted text begin the
Census: Composite fixed-weighted price index as published in the C30 Report, Value
of New Construction Put in Place deleted text end new text begin Economic Analysis: Price Indexes for Private Fixed
Investments in Structures; Special Care new text end .

(b) Rental factor. For the rate year beginning July 1, 1988, the commissioner shall
increase the rental factor as established in Minnesota Rules, part 9549.0060, subpart 8,
item A, by 6.2 percent rounded to the nearest 100th percent for the purpose of reimbursing
nursing facilities for soft costs and entrepreneurial profits not included in the cost valuation
services used by the state's contracted appraisers. For rate years beginning on or after July
1, 1989, the rental factor is the amount determined under this paragraph for the rate year
beginning July 1, 1988.

(c) Occupancy factor. For rate years beginning on or after July 1, 1988, in order
to determine property-related payment rates under Minnesota Rules, part 9549.0060,
for all nursing facilities except those whose average length of stay in a skilled level of
care within a nursing facility is 180 days or less, the commissioner shall use 95 percent
of capacity days. For a nursing facility whose average length of stay in a skilled level of
care within a nursing facility is 180 days or less, the commissioner shall use the greater of
resident days or 80 percent of capacity days but in no event shall the divisor exceed 95
percent of capacity days.

(d) Equipment allowance. For rate years beginning on July 1, 1988, and July 1,
1989, the commissioner shall add ten cents per resident per day to each nursing facility's
property-related payment rate. The ten-cent property-related payment rate increase is not
cumulative from rate year to rate year. For the rate year beginning July 1, 1990, the
commissioner shall increase each nursing facility's equipment allowance as established
in Minnesota Rules, part 9549.0060, subpart 10, by ten cents per resident per day. For
rate years beginning on or after July 1, 1991, the adjusted equipment allowance must be
adjusted annually for inflation as in Minnesota Rules, part 9549.0060, subpart 10, item E.
For the rate period beginning October 1, 1992, the equipment allowance for each nursing
facility shall be increased by 28 percent. For rate years beginning after June 30, 1993, the
allowance must be adjusted annually for inflation.

(e) Post chapter 199 related-organization debts and interest expense. For rate
years beginning on or after July 1, 1990, Minnesota Rules, part 9549.0060, subpart 5, item
E, shall not apply to outstanding related organization debt incurred prior to May 23, 1983,
provided that the debt was an allowable debt under Minnesota Rules, parts 9510.0010
to 9510.0480, the debt is subject to repayment through annual principal payments, and
the nursing facility demonstrates to the commissioner's satisfaction that the interest rate
on the debt was less than market interest rates for similar arm's-length transactions at
the time the debt was incurred. If the debt was incurred due to a sale between family
members, the nursing facility must also demonstrate that the seller no longer participates
in the management or operation of the nursing facility. Debts meeting the conditions of
this paragraph are subject to all other provisions of Minnesota Rules, parts 9549.0010
to 9549.0080.

(f) Building capital allowance for nursing facilities with operating leases. For
rate years beginning on or after July 1, 1990, a nursing facility with operating lease costs
incurred for the nursing facility's buildings shall receive its building capital allowance
computed in accordance with Minnesota Rules, part 9549.0060, subpart 8. If an operating
lease provides that the lessee's rent is adjusted to recognize improvements made by the
lessor and related debt, the costs for capital improvements and related debt shall be allowed
in the computation of the lessee's building capital allowance, provided that reimbursement
for these costs under an operating lease shall not exceed the rate otherwise paid.

Sec. 34.

Minnesota Statutes 2004, section 256B.431, subdivision 17e, is amended to
read:

Subd. 17e.

Replacement-costs-new per bed limit effective July 1, 2001.

Notwithstanding Minnesota Rules, part 9549.0060, subpart 11, item C, subitem (2),
for a total replacement, as defined in deleted text begin paragraph (f) deleted text end new text begin subdivision 17d new text end , authorized under
section 144A.071 or 144A.073 after July 1, 1999, or any building project that is a
relocation, renovation, upgrading, or conversion completed on or after July 1, 2001, the
replacement-costs-new per bed limit shall be $74,280 per licensed bed in multiple-bed
rooms, $92,850 per licensed bed in semiprivate rooms with a fixed partition separating
the resident beds, and $111,420 per licensed bed in single rooms. Minnesota Rules, part
9549.0060, subpart 11, item C, subitem (2), does not apply. These amounts must be
adjusted annually as specified in subdivision 3f, paragraph (a), beginning January 1, 2000.

Sec. 35.

Minnesota Statutes 2005 Supplement, section 256L.03, subdivision 5, is
amended to read:

Subd. 5.

Co-payments and coinsurance.

(a) Except as provided in paragraphs (b)
and (c), the MinnesotaCare benefit plan shall include the following co-payments and
coinsurance requirements for all enrollees:

(1) ten percent of the paid charges for inpatient hospital services for adult enrollees,
subject to an annual inpatient out-of-pocket maximum of $1,000 per individual and
$3,000 per family;

(2) $3 per prescription for adult enrollees;

(3) $25 for eyeglasses for adult enrollees;

(4) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an
episode of service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a physician or
physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse,
audiologist, optician, or optometrist;

(5) $6 for nonemergency visits to a hospital-based emergency room; and

(6) 50 percent of the fee-for-service rate for adult dental care services other than
preventive care services for persons eligible under section 256L.04, subdivisions 1 to 7,
with income equal to or less than 175 percent of the federal poverty guidelines.

(b) Paragraph (a), clause (1), does not apply to parents and relative caretakers of
children under the age of 21 in households with family income equal to or less than 175
percent of the federal poverty guidelines. Paragraph (a), clause (1), does not apply to
parents and relative caretakers of children under the age of 21 in households with family
income greater than 175 percent of the federal poverty guidelines for inpatient hospital
admissions occurring on or after January 1, 2001.

(c) Paragraph (a), clauses (1) to deleted text begin (4) deleted text end new text begin (6) new text end , do not apply to pregnant women and children
under the age of 21.

(d) Adult enrollees with family gross income that exceeds 175 percent of the
federal poverty guidelines and who are not pregnant shall be financially responsible for
the coinsurance amount, if applicable, and amounts which exceed the $10,000 inpatient
hospital benefit limit.

(e) When a MinnesotaCare enrollee becomes a member of a prepaid health plan,
or changes from one prepaid health plan to another during a calendar year, any charges
submitted towards the $10,000 annual inpatient benefit limit, and any out-of-pocket
expenses incurred by the enrollee for inpatient services, that were submitted or incurred
prior to enrollment, or prior to the change in health plans, shall be disregarded.

Sec. 36.

Minnesota Statutes 2005 Supplement, section 259.67, subdivision 4, is
amended to read:

Subd. 4.

Eligibility conditions.

(a) The placing agency shall use the AFDC
requirements as specified in federal law as of July 16, 1996, when determining the child's
eligibility for adoption assistance under title IV-E of the Social Security Act. If the child
does not qualify, the placing agency shall certify a child as eligible for state funded
adoption assistance only if the following criteria are met:

(1) Due to the child's characteristics or circumstances it would be difficult to provide
the child an adoptive home without adoption assistance.

(2)(i) A placement agency has made reasonable efforts to place the child for adoption
without adoption assistance, but has been unsuccessful; or

(ii) the child's licensed foster parents desire to adopt the child and it is determined
by the placing agency that the adoption is in the best interest of the child.

(3) new text begin (i) new text end The child has been a ward of the commissioner, a Minnesota-licensed
child-placing agency, or a tribal social service agency of Minnesota recognized by the
Secretary of the Interior deleted text begin . deleted text end new text begin ; or
new text end

new text begin (ii) the child will be adopted according to tribal law without a termination of
parental rights or relinquishment, provided that the tribe has documented the valid reason
why the child cannot or should not be returned to the home of the child's parent. new text end The
placing agency shall not certify a child who remains under the jurisdiction of the sending
agency pursuant to section 260.851, article 5, for state-funded adoption assistance when
Minnesota is the receiving state.

(b) For purposes of this subdivision, the characteristics or circumstances that may
be considered in determining whether a child is a child with special needs under United
States Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of
paragraph (a), clause (1), are the following:

(1) The child is a member of a sibling group to be placed as one unit in which at
least one sibling is older than 15 months of age or is described in clause (2) or (3).

(2) The child has documented physical, mental, emotional, or behavioral disabilities.

(3) The child has a high risk of developing physical, mental, emotional, or behavioral
disabilities.

deleted text begin (4) The child is adopted according to tribal law without a termination of parental
rights or relinquishment, provided that the tribe has documented the valid reason why the
child cannot or should not be returned to the home of the child's parent.
deleted text end

(c) When a child's eligibility for adoption assistance is based upon the high risk of
developing physical, mental, emotional, or behavioral disabilities, payments shall not be
made under the adoption assistance agreement unless and until the potential disability
manifests itself as documented by an appropriate health care professional.

Sec. 37.

Minnesota Statutes 2005 Supplement, section 260.012, is amended to read:

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
services, by the social services agency are made to prevent placement or to eliminate the
need for removal and to reunite the child with the child's family at the earliest possible
time, and deleted text begin when a child cannot be reunified with the parent or guardian from whom the deleted text end
deleted text begin child was removed, deleted text end the court must ensure that the responsible social services agency
makes reasonable efforts to finalize an alternative permanent plan for the child as provided
in paragraph deleted text begin (e) deleted text end new text begin (e) new text end . In determining reasonable efforts to be made with respect to a child
and in making those reasonable efforts, the child's best interests, health, and safety must
be of paramount concern. Reasonable efforts to prevent placement and for rehabilitation
and reunification are always required except upon a determination by the court that a
petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been terminated
involuntarily;

(3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the parent's custodial rights to another child have been involuntarily transferred
to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar
law of another jurisdiction; or

(5) the provision of services or further services for the purpose of reunification is
futile and therefore unreasonable under the circumstances.

(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section 260C.201, subdivision 11, or a termination
of parental rights petition under sections 260C.141 and 260C.301 must be filed. A
permanency hearing under section 260C.201, subdivision 11, must be held within 30
days of this determination.

(c) In the case of an Indian child, in proceedings under sections 260B.178 or
260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions
consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social
services agency must provide active efforts as required under United States Code, title
25, section 1911(d).

(d) "Reasonable efforts to prevent placement" means:

(1) the agency has made reasonable efforts to prevent the placement of the child in
foster care; or

(2) given the particular circumstances of the child and family at the time of the
child's removal, there are no services or efforts available which could allow the child to
safely remain in the home.

(e) "Reasonable efforts to finalize a permanent plan for the child" means due
diligence by the responsible social services agency to:

(1) reunify the child with the parent or guardian from whom the child was removed;

(2) assess a noncustodial parent's ability to provide day-to-day care for the child
and, where appropriate, provide services necessary to enable the noncustodial parent to
safely provide the care, as required by section 260C.212, subdivision 4;

(3) conduct a relative search as required under section 260C.212, subdivision 5; and

(4) when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the
child, preferably through adoption or transfer of permanent legal and physical custody of
the child.

(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the
needs of the child and the child's family. Services may include those provided by the
responsible social services agency and other culturally appropriate services available in
the community. At each stage of the proceedings where the court is required to review
the appropriateness of the responsible social services agency's reasonable efforts as
described in paragraphs (a), (d), and (e), the social services agency has the burden of
demonstrating that:

(1) it has made reasonable efforts to prevent placement of the child in foster care;

(2) it has made reasonable efforts to eliminate the need for removal of the child from
the child's home and to reunify the child with the child's family at the earliest possible
time;

(3) it has made reasonable efforts to finalize an alternative permanent home for the
child; or

(4) reasonable efforts to prevent placement and to reunify the child with the parent
or guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
efforts to reunify the parent and child, or through testimony or a certified report required
under juvenile court rules.

(g) Once the court determines that reasonable efforts for reunification are not
required because the court has made one of the prima facie determinations under paragraph
(a), the court may only require reasonable efforts for reunification after a hearing according
to section 260C.163, where the court finds there is not clear and convincing evidence of
the facts upon which the court based its prima facie determination. In this case when there
is clear and convincing evidence that the child is in need of protection or services, the
court may find the child in need of protection or services and order any of the dispositions
available under section 260C.201, subdivision 1. Reunification of a surviving child with a
parent is not required if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections
609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the
surviving child; or

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.

(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178,
260C.201, and 260C.301 shall make findings and conclusions as to the provision of
reasonable efforts. When determining whether reasonable efforts have been made, the
court shall consider whether services to the child and family were:

(1) relevant to the safety and protection of the child;

(2) adequate to meet the needs of the child and family;

(3) culturally appropriate;

(4) available and accessible;

(5) consistent and timely; and

(6) realistic under the circumstances.

In the alternative, the court may determine that provision of services or further
services for the purpose of rehabilitation is futile and therefore unreasonable under the
circumstances or that reasonable efforts are not required as provided in paragraph (a).

(i) This section does not prevent out-of-home placement for treatment of a child with
a mental disability when the child's diagnostic assessment or individual treatment plan
indicates that appropriate and necessary treatment cannot be effectively provided outside
of a residential or inpatient treatment program.

(j) If continuation of reasonable efforts to prevent placement or reunify the child
with the parent or guardian from whom the child was removed is determined by the court
to be inconsistent with the permanent plan for the child or upon the court making one of
the prima facie determinations under paragraph (a), reasonable efforts must be made to
place the child in a timely manner in a safe and permanent home and to complete whatever
steps are necessary to legally finalize the permanent placement of the child.

(k) Reasonable efforts to place a child for adoption or in another permanent
placement may be made concurrently with reasonable efforts to prevent placement or to
reunify the child with the parent or guardian from whom the child was removed. When
the responsible social services agency decides to concurrently make reasonable efforts for
both reunification and permanent placement away from the parent under paragraph (a), the
agency shall disclose its decision and both plans for concurrent reasonable efforts to all
parties and the court. When the agency discloses its decision to proceed on both plans for
reunification and permanent placement away from the parent, the court's review of the
agency's reasonable efforts shall include the agency's efforts under both plans.

Sec. 38.

Minnesota Statutes 2004, section 260B.157, subdivision 1, is amended to read:

Subdivision 1.

Investigation.

Upon request of the court the local social services
agency or probation officer shall investigate the personal and family history and
environment of any minor coming within the jurisdiction of the court under section
260B.101 and shall report its findings to the court. The court may order any minor coming
within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or
psychologist appointed by the court.

The court shall deleted text begin have deleted text end new text begin order new text end a chemical use assessment conducted when a child is
(1) found to be delinquent for violating a provision of chapter 152, or for committing a
felony-level violation of a provision of chapter 609 if the probation officer determines
that alcohol or drug use was a contributing factor in the commission of the offense, or
(2) alleged to be delinquent for violating a provision of chapter 152, if the child is being
held in custody under a detention order. The assessor's qualifications and the assessment
criteria shall comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under
chapter 254B are to be used to pay for the recommended treatment, the assessment and
placement must comply with all provisions of Minnesota Rules, parts 9530.6600 to
9530.6655 and 9530.7000 to 9530.7030. The commissioner of human services shall
reimburse the court for the cost of the chemical use assessment, up to a maximum of $100.

The court shall deleted text begin have deleted text end new text begin order new text end a children's mental health screening conducted when
a child is found to be delinquent. The screening shall be conducted with a screening
instrument approved by the commissioner of human services and shall be conducted by a
mental health practitioner as defined in section 245.4871, subdivision 26, or a probation
officer who is trained in the use of the screening instrument. If the screening indicates
a need for assessment, the local social services agency, in consultation with the child's
family, shall have a diagnostic assessment conducted, including a functional assessment,
as defined in section 245.4871.

With the consent of the commissioner of corrections and agreement of the county to
pay the costs thereof, the court may, by order, place a minor coming within its jurisdiction
in an institution maintained by the commissioner for the detention, diagnosis, custody and
treatment of persons adjudicated to be delinquent, in order that the condition of the minor
be given due consideration in the disposition of the case. Any funds received under the
provisions of this subdivision shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The funds are available for
use by the commissioner of corrections during that period and are hereby appropriated
annually to the commissioner of corrections as reimbursement of the costs of providing
these services to the juvenile courts.

Sec. 39.

Minnesota Statutes 2005 Supplement, section 626.556, subdivision 2, is
amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,
new text begin and in the case of sexual abuse also includes new text end a person who has a significant relationship to
the child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who by act or omission commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825. Abuse does not include
reasonable and moderate physical discipline of a child administered by a parent or legal
guardian which does not result in an injury. Abuse does not include the use of reasonable
force by a teacher, principal, or school employee as allowed by section 121A.582. Actions
which are not reasonable and moderate include, but are not limited to, any of the following
that are done in anger or without regard to the safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control
or punish the child; or other substances that substantially affect the child's behavior,
motor coordination, or judgment or that results in sickness or internal injury, or subjects
the child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means a licensed or unlicensed day care facility, residential facility,
agency, hospital, sanitarium, or other facility or institution required to be licensed under
sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; or a school
as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
personal care provider organization as defined in sections 256B.04, subdivision 16, and
256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

Sec. 40.

Laws 2005, chapter 98, article 3, section 25, is amended to read:

Sec. 25. REPEALER.

Minnesota Statutes 2004, sections 245.713, deleted text begin subdivisions 2 and deleted text end new text begin subdivision new text end 4;
245.716; and 626.5551, subdivision 4, are repealed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005.
new text end

Sec. 41. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall correct internal cross-references to sections that are
affected by sections 40 and 42, the repealer sections in this bill. The revisor may make
changes necessary to correct the punctuation, grammar, or structure of the remaining text
and preserve its meaning.
new text end

Sec. 42. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, sections 252.21; 252.22; 252.23; 252.24, subdivisions
1, 2, 3, and 4; 252.25; 252.261; 254A.02, subdivisions 7, 9, 12, 14, 15, and 16; 254A.085;
254A.086; 254A.12; 254A.14, subdivisions 1, 2, and 3; 254A.15; 254A.16, subdivision
5; 254A.175; and 254A.18, new text end new text begin are repealed.
new text end

new text begin (b) Minnesota Statutes 2005 Supplement, section 252.24, subdivision 5, new text end new text begin and
new text end new text begin Minnesota Rules, part 9503.0035, subpart 2, new text end new text begin are repealed.
new text end