Minnesota Legislature
HF 238
3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/21/2023 09:11am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 01/10/2023 | |
| 1st Engrossment | Posted on 04/11/2023 | |
| 2nd Engrossment | Posted on 04/17/2023 | |
| 3rd Engrossment | Posted on 04/21/2023 |
Current Version - 3rd Engrossment
2.16 2.17
2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26
2.27
2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36
2.37
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27
3.28
3.29 3.30 3.31 3.32 3.33 3.34
4.1
4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26
4.27 4.28 4.29 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28
5.29 5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9
6.10
6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28
6.29
6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14
7.15
7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14
8.15
8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26
8.27
8.28 8.29 8.30 9.1 9.2 9.3 9.4 9.5 9.6
9.7
9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11
10.12
10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30
10.31
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24
12.25 12.26 12.27 12.28 12.29 12.30
12.31
13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28
14.29
15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28
16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11
16.12
16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20
16.21
16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10
17.11
17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21
17.22
17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7
18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30
19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21
22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24
23.25 23.26 23.27 23.28 23.29 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20
24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21
27.22
27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13
28.14
28.15 28.16 28.17 28.18 28.19 28.20 28.21
28.22
28.23 28.24 28.25 28.26 28.27 28.28 28.29 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29
29.30
30.1 30.2 30.3 30.4
30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14
31.15
31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10
32.11
32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22
32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 33.1 33.2
33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15
33.16 33.17 33.18
33.19
33.20 33.21
33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13
34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12
35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3
36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 37.1 37.2
37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26
38.27
38.28 38.29 38.30 38.31 38.32 38.33 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13
39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10
40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31
41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23
41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 42.1 42.2 42.3 42.4 42.5 42.6
42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24
42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5
45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28
46.29 46.30 46.31 46.32 46.33 47.1 47.2 47.3 47.4 47.5 47.6 47.7
47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 48.1 48.2 48.3 48.4
48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18
48.19 48.20 48.21 48.22 48.23 48.24 48.25
48.26
48.27 48.28 48.29 48.30 48.31 48.32 49.1 49.2 49.3 49.4 49.5
49.6
49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30
50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8
50.9
50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19
50.20
50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16
51.17
51.18 51.19 51.20 51.21 51.22 51.23 51.24
51.25
51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26
52.27
52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2
53.3
53.4 53.5 53.6 53.7 53.8 53.9 53.10
53.11
53.12 53.13 53.14 53.15 53.16
53.17
53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15
54.16
54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28
56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17
57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33
58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13
58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28
58.29 58.30 58.31 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23
61.24 61.25
61.26 61.27 61.28 61.29 61.30 61.31 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19
62.20
62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 63.1 63.2 63.3 63.4
63.5
63.6 63.7 63.8 63.9 63.10
63.11
63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13
65.14
65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 82.1 82.2 82.3 82.4 82.5
82.6
82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31
82.32
83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11
83.12
83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20
83.21
83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 84.35 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24
88.25 88.26 88.27 88.28 88.29 88.30
88.31 88.32
89.1
89.2 89.3
89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23
92.24 92.25 92.26 92.27 92.28 92.29
93.1 93.2 93.3 93.4 93.5 93.6 93.7
93.8
93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21
93.22
93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33
97.1
97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10
98.11
98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22
99.23
99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8
100.9
100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14
101.15
101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 102.35 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10
104.11
104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30
104.31
105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26
107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15
109.16
109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28
110.29
111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8
113.9
113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 115.1 115.2 115.3 115.4 115.5 115.6 115.7
115.8
115.9 115.10 115.11 115.12 115.13
115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13
116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21
116.22
116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30
116.31
117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12
117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28
117.29 117.30 117.31 117.32 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 119.1 119.2
119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29
119.30 119.31 119.32 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31
121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25
121.26 121.27 121.28 121.29 121.30 121.31 122.1 122.2 122.3
122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15
122.16 122.17 122.18 122.19 122.20 122.21
122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 123.1 123.2
123.3
123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28
123.29
124.1 124.2 124.3 124.4 124.5 124.6
124.7
124.8 124.9 124.10 124.11 124.12 124.13 124.14
124.15
124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9
125.10
125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19
125.20
125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10
126.11
126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26
126.27
126.28 126.29 126.30 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23
127.24
127.25 127.26 127.27 127.28 127.29 127.30 128.1 128.2 128.3 128.4 128.5 128.6
128.7
128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16
128.17
128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29
129.1 129.2
129.3 129.4 129.5 129.6 129.7 129.8
129.9
129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20
129.21
129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30
129.31
130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23
130.24
130.25 130.26 130.27 130.28 130.29 130.30 130.31
130.32
131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22
131.23
131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16
132.17
132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15
133.16
133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 134.1 134.2 134.3
134.4
134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28
134.29
135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10
135.11
135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 136.1 136.2 136.3
136.4
136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9
137.10
137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26
137.27
137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14
138.15
138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31
138.32 138.33 138.34
139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31
140.32 140.33
141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19
141.20 141.21
141.22 141.23 141.24 141.25
141.26
141.27 141.28 141.29 141.30 141.31 142.1 142.2
142.3
142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11
142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12
143.13 143.14 143.15 143.16
143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 145.1 145.2 145.3 145.4 145.5
145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14
145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23
145.24 145.25 145.26 145.27 145.28 145.29 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16
146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26
146.27 146.28 146.29 146.30
146.31
147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11
147.12
147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20
147.21
147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 148.1 148.2 148.3 148.4 148.5
148.6
148.7 148.8 148.9 148.10 148.11 148.12 148.13
148.14
148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 149.1 149.2
149.3
149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25
149.26
149.27 149.28 149.29 149.30
150.1
150.2 150.3 150.4 150.5 150.6 150.7
150.8
150.9 150.10 150.11 150.12 150.13 150.14 150.15
150.16
150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12
151.13
151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 152.1 152.2 152.3
152.4
152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31
152.32
153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18
153.19 153.20
153.21 153.22 153.23 153.24 153.25 153.26
153.27
154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21
154.22
154.23 154.24 154.25 154.26 154.27 154.28
154.29
155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21
155.22
155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32
156.33
157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19
157.20
157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 158.1 158.2 158.3 158.4
158.5
158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31
159.32
160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30
160.31
161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 162.1 162.2 162.3
162.4
162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 163.35 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9
165.10
165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29
165.30
166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 167.1 167.2 167.3 167.4
167.5
167.6 167.7 167.8 167.9
167.10
167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19
167.20
167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 168.34 169.1 169.2
169.3
169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26
169.27
169.28 169.29 169.30 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10
171.11
171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20
171.21
171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13
172.14
172.15 172.16 172.17 172.18
172.19
172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28
173.1 173.2 173.3 173.4 173.5 173.6 173.7
173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29
173.30
174.1 174.2 174.3 174.4 174.5 174.6
174.7
174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19
175.20 175.21
175.22 175.23 175.24 175.25 175.26
175.27
176.1 176.2 176.3 176.4 176.5
176.6
176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16
176.17
176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11
178.12 178.13
178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21
178.22
178.23 178.24 178.25 178.26 178.27 178.28 178.29 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10
179.11
179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23
179.24
179.25 179.26 179.27 179.28 179.29 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10
180.11
180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21
180.22
180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18
181.19
181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21
182.22
182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 183.1 183.2 183.3 183.4 183.5 183.6 183.7
183.8
183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 184.1 184.2
184.3
184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 185.1 185.2 185.3
185.4 185.5 185.6 185.7 185.8 185.9
185.10
185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20
185.21 185.22 185.23 185.24 185.25
185.26 185.27
185.28 185.29 185.30 186.1 186.2
186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24
186.25 186.26 186.27 186.28 186.29 187.1 187.2 187.3 187.4
187.5 187.6 187.7 187.8 187.9
187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19
189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16
191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 193.1 193.2
193.3 193.4
193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12
193.13
193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19
194.20
194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33
195.1
195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11
195.12
195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10
196.11
196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11
197.12
197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11
199.12
199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9
200.10 200.11 200.12 200.13 200.14 200.15
200.16
200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 202.1 202.2 202.3 202.4
202.5
202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11
203.12
203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11
204.12
204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28
204.29
205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26
205.27
205.28 205.29 205.30 205.31 206.1 206.2
206.3
206.4 206.5 206.6 206.7 206.8
206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29
209.30
210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27
210.28 210.29 210.30 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14
211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12
212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 212.32 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13
213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18
214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28
214.29 214.30
214.31 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11
215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 216.33 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 217.33 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 218.32 218.33 218.34 218.35 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33 220.34 220.35 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 221.34 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34 222.35 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 223.33 223.34 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32 224.33 224.34 224.35 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 226.32 226.33 226.34 226.35 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 227.31 227.32 227.33 227.34 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 228.32
228.33 229.1 229.2 229.3 229.4
229.5 229.6 229.7 229.8 229.9 229.10 229.11
229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20
229.21 229.22 229.23 229.24 229.25
229.26 229.27
229.28
229.29 229.30
229.31 229.32 229.33 229.34 230.1 230.2 230.3 230.4
230.5 230.6 230.7
230.8 230.9 230.10
230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21
A bill for an act
relating to children; modifying provisions on child care, child safety and
permanency, child support, licensing, economic assistance, and homelessness;
making forecast adjustments; requiring reports; appropriating money; amending
Minnesota Statutes 2022, sections 4.045; 10.65, subdivision 2; 15.01; 15.06,
subdivision 1; 15A.0815, subdivision 2; 43A.08, subdivision 1a; 119B.011,
subdivisions 2, 3, 5, 13, 15, 19a; 119B.02, subdivision 4; 119B.025, subdivision
4; 119B.03, subdivisions 3, 4, 4a; 119B.05, subdivision 1; 119B.09, subdivision
7; 119B.095, subdivisions 2, 3; 119B.10, subdivisions 1, 3; 119B.105, subdivision
2; 119B.125, subdivisions 1, 1a, 1b, 2, 3, 4, 6, 7; 119B.13, subdivisions 1, 4, 6;
119B.16, subdivisions 1a, 1c, 3; 119B.161, subdivisions 2, 3; 119B.19, subdivision
7; 124D.142, subdivision 2; 145.4716, subdivision 3; 168B.07, subdivision 3;
245.095; 245A.02, subdivisions 2c, 6b, by adding a subdivision; 245A.03,
subdivision 2; 245A.04, subdivision 4; 245A.05; 245A.06, subdivision 1; 245A.07,
subdivisions 1, 3; 245A.11, by adding a subdivision; 245A.14, subdivision 4;
245A.1435; 245A.146, subdivision 3; 245A.16, subdivisions 1, 9, by adding a
subdivision; 245A.18, subdivision 2; 245A.22, by adding a subdivision; 245A.50,
subdivisions 3, 4, 5, 6, 9; 245A.52, subdivisions 1, 3, 5, by adding a subdivision;
245A.66, by adding a subdivision; 245C.04, subdivision 1; 245C.05, subdivision
4; 245C.17, subdivision 6; 245C.23, subdivision 2; 245E.06, subdivision 3;
245G.13, subdivision 2; 245H.01, subdivision 5; 245H.02; 245H.03, by adding a
subdivision; 245H.05; 245H.08, subdivisions 4, 5; 245H.13, subdivisions 3, 7;
256.014, subdivisions 1, 2; 256.046, subdivisions 1, 3; 256.98, subdivision 8;
256.983, subdivision 5; 256.987, subdivision 4; 256D.03, by adding a subdivision;
256D.63, subdivision 2; 256E.34, subdivision 4; 256E.35, subdivisions 1, 2, 3, 4a,
6, 7; 256I.03, subdivision 13; 256I.06, subdivisions 6, 8, by adding a subdivision;
256J.01, subdivision 1; 256J.02, subdivision 2; 256J.08, subdivisions 65, 71, 79;
256J.09, subdivision 10; 256J.11, subdivision 1; 256J.21, subdivisions 3, 4; 256J.33,
subdivisions 1, 2; 256J.35; 256J.37, subdivisions 3, 3a; 256J.40; 256J.42,
subdivision 5; 256J.425, subdivisions 1, 4, 5, 7; 256J.46, subdivisions 1, 2, 2a;
256J.49, subdivision 9; 256J.50, subdivision 1; 256J.521, subdivision 1; 256J.621,
subdivision 1; 256J.626, subdivisions 2, 3; 256J.751, subdivision 2; 256K.45,
subdivisions 3, 7, by adding a subdivision; 256N.24, subdivision 12; 256P.01, by
adding a subdivision; 256P.02, subdivision 2, by adding a subdivision; 256P.04,
subdivisions 4, 8; 256P.06, subdivision 3; 256P.07, subdivisions 1, 2, 3, 4, 6, 7,
by adding subdivisions; 260.761, subdivision 2, as amended; 260C.007, subdivision
14; 260C.221, subdivision 1; 260C.317, subdivision 3; 260C.451, by adding
subdivisions; 260C.704; 260C.708; 260C.80, subdivision 1; 260E.01; 260E.02,
subdivision 1; 260E.03, subdivision 22, by adding subdivisions; 260E.14,
subdivisions 2, 5; 260E.17, subdivision 1; 260E.18; 260E.20, subdivision 2;
260E.24, subdivisions 2, 7; 260E.33, subdivision 1; 260E.35, subdivision 6;
261.063; 514.972, subdivision 5; 518A.31; 518A.32, subdivisions 3, 4; 518A.34;
518A.41; 518A.42, subdivisions 1, 3; 518A.43, subdivision 1b; 518A.65; 518A.77;
proposing coding for new law in Minnesota Statutes, chapters 119B; 245A; 256;
256E; 256K; 256P; 260; proposing coding for new law as Minnesota Statutes,
chapters 119C; 143; repealing Minnesota Statutes 2022, sections 119B.011,
subdivision 10a; 119B.03, subdivision 4; 245C.11, subdivision 3; 256.8799;
256.9864; 256D.63, subdivision 1; 256J.08, subdivisions 10, 24b, 53, 61, 62, 81,
83; 256J.30, subdivisions 5, 7, 8; 256J.33, subdivisions 3, 4, 5; 256J.34,
subdivisions 1, 2, 3, 4; 256J.37, subdivision 10; 256J.425, subdivision 6; 256J.95,
subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19; 256P.07,
subdivision 5; 518A.59.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHILD CARE
Section 1.
Minnesota Statutes 2022, section 119B.011, subdivision 2, is amended to read:
Subd. 2.
Applicant.
"Child care fund applicants" means all parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end legal
guardiansdeleted text begin , ordeleted text end new text begin ;new text end eligible relative caregivers deleted text begin who aredeleted text end new text begin ; relative custodians who accepted a transfer
of permanent legal and physical custody of a child under section 260C.515, subdivision 4,
or similar permanency disposition in Tribal code; successor custodians or guardians as
established by section 256N.22, subdivision 10; or foster parents providing care to a child
placed in a family foster home under section 260C.007, subdivision 16b. Applicants must
benew text end members of the family and reside in the household that applies for child care assistance
under the child care fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 25, 2024.
new text end
Sec. 2.
Minnesota Statutes 2022, section 119B.011, subdivision 5, is amended to read:
Subd. 5.
Child care.
"Child care" means the care of a child by someone other than a
parentdeleted text begin ,deleted text end new text begin ;new text end stepparentdeleted text begin ,deleted text end new text begin ;new text end legal guardiandeleted text begin ,deleted text end new text begin ;new text end eligible relative caregiverdeleted text begin ,deleted text end new text begin ; relative custodian who
accepted a transfer of permanent legal and physical custody of a child under section
260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor
custodian or guardian as established according to section 256N.22, subdivision 10; foster
parent providing care to a child placed in a family foster home under section 260C.007,
subdivision 16b;new text end or deleted text begin the spousesdeleted text end new text begin spousenew text end of any of the foregoing in or outside the child's own
home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 25, 2024.
new text end
Sec. 3.
Minnesota Statutes 2022, section 119B.011, subdivision 13, is amended to read:
Subd. 13.
Family.
"Family" means parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end guardians and their spousesdeleted text begin ,
ordeleted text end new text begin ;new text end other eligible relative caregivers and their spousesdeleted text begin ,deleted text end new text begin ; relative custodians who accepted a
transfer of permanent legal and physical custody of a child under section 260C.515,
subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor
custodians or guardians as established by section 256N.22, subdivision 10, and their spouses;
foster parents providing care to a child placed in a family foster home under section
260C.007, subdivision 16b, and their spouses;new text end and deleted text begin their blood relateddeleted text end new text begin the blood-relatednew text end
dependent children and adoptive siblings under the age of 18 years living in the same home
deleted text begin includingdeleted text end new text begin as any of the above. Family includesnew text end children temporarily absent from the
household in settings such as schools, foster care, and residential treatment facilities deleted text begin or
parents, stepparents, guardians and their spouses, or other relative caregivers and their
spousesdeleted text end new text begin and adultsnew text end temporarily absent from the household in settings such as schools, military
service, or rehabilitation programs. An adult family member who is not in an authorized
activity under this chapter may be temporarily absent for up to 60 days. When a minor
parent or parents and his, her, or their child or children are living with other relatives, and
the minor parent or parents apply for a child care subsidy, "family" means only the minor
parent or parents and their child or children. An adult age 18 or older who meets this
definition of family and is a full-time high school or postsecondary student may be considered
a dependent member of the family unit if 50 percent or more of the adult's support is provided
by the parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end guardiansnew text begin and their spouses; relative custodians who accepted
a transfer of permanent legal and physical custody of a child under section 260C.515,
subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor
custodians or guardians as established by section 256N.22, subdivision 10, and their spouses;
foster parents providing care to a child placed in a family foster home under section
260C.007, subdivision 16bnew text end , and their spousesnew text begin ;new text end or eligible relative caregivers and their spouses
residing in the same household.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 25, 2024.
new text end
Sec. 4.
Minnesota Statutes 2022, section 119B.011, subdivision 19a, is amended to read:
Subd. 19a.
Registration.
"Registration" means the process used by deleted text begin a countydeleted text end new text begin the
commissionernew text end to determine whether the provider selected by a family applying for or
receiving child care assistance to care for that family's children meets the requirements
necessary for payment of child care assistance for care provided by that provider.new text begin The
commissioner shall create a process for statewide registration by April 28, 2025.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 5.
Minnesota Statutes 2022, section 119B.03, subdivision 4a, is amended to read:
Subd. 4a.
deleted text begin Temporary reprioritizationdeleted text end new text begin Funding prioritiesnew text end .
(a) deleted text begin Notwithstanding
subdivision 4deleted text end new text begin In the event that inadequate funding necessitates the use of waiting listsnew text end ,
priority for child care assistance under the basic sliding fee assistance program shall be
determined according to this subdivision deleted text begin beginning July 1, 2021, through May 31, 2024deleted text end .
(b) First priority must be given to eligible non-MFIP families who do not have a high
school diploma or commissioner of education-selected high school equivalency certification
or who need remedial and basic skill courses in order to pursue employment or to pursue
education leading to employment and who need child care assistance to participate in the
education program. This includes student parents as defined under section 119B.011,
subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(c) Second priority must be given to families in which at least one parent is a veteran,
as defined under section 197.447.
(d) Third priority must be given to eligible families who do not meet the specifications
of paragraph (b), (c), (e), or (f).
(e) Fourth priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.
(f) Fifth priority must be given to eligible families receiving services under section
119B.011, subdivision 20a, if the parents have completed their MFIP or DWP transition
year, or if the parents are no longer receiving or eligible for DWP supports.
(g) Families under paragraph (f) must be added to the basic sliding fee waiting list on
the date they complete their transition year under section 119B.011, subdivision 20.
Sec. 6.
Minnesota Statutes 2022, section 119B.05, subdivision 1, is amended to read:
Subdivision 1.
Eligible participants.
Families eligible for child care assistance under
the MFIP child care program are:
(1) MFIP participants who are employed or in job search and meet the requirements of
section 119B.10;
(2) persons who are members of transition year families under section 119B.011,
subdivision 20, and meet the requirements of section 119B.10;
(3) families who are participating in employment orientation or job search, or other
employment or training activities that are included in an approved employability development
plan under section 256J.95;
(4) MFIP families who are participating in work job search, job support, employment,
or training activities as required in their employment plan, or in appeals, hearings,
assessments, or orientations according to chapter 256J;
(5) MFIP families who are participating in social services activities under chapter 256J
as required in their employment plan approved according to chapter 256J;
(6) families who are participating in services or activities that are included in an approved
family stabilization plan under section 256J.575;
new text begin
(7) MFIP child-only families under section 256J.88, for up to 20 hours of child care per
week for children ages six and under, as recommended by the treating mental health
professional, when the child's primary caregiver has a diagnosis of a mental illness;
new text end
deleted text begin (7)deleted text end new text begin (8)new text end families who are participating in programs as required in tribal contracts under
section 119B.02, subdivision 2, or 256.01, subdivision 2;
deleted text begin (8)deleted text end new text begin (9)new text end families who are participating in the transition year extension under section
119B.011, subdivision 20a;
deleted text begin (9)deleted text end new text begin (10)new text end student parents as defined under section 119B.011, subdivision 19b; and
deleted text begin (10)deleted text end new text begin (11)new text end student parents who turn 21 years of age and who continue to meet the other
requirements under section 119B.011, subdivision 19b. A student parent continues to be
eligible until the student parent is approved for basic sliding fee child care assistance or
until the student parent's redetermination, whichever comes first. At the student parent's
redetermination, if the student parent was not approved for basic sliding fee child care
assistance, a student parent's eligibility ends following a 15-day adverse action notice.
Sec. 7.
Minnesota Statutes 2022, section 119B.125, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
deleted text begin A county ordeleted text end The commissioner must authorize the provider
chosen by an applicant or a participant before the county can authorize payment for care
provided by that provider. The commissioner must establish the requirements necessary for
authorization of providers. A provider must be reauthorized every two years. deleted text begin A legal,
nonlicensed family child care provider also must be reauthorized when another person over
the age of 13 joins the household, a current household member turns 13, or there is reason
to believe that a household member has a factor that prevents authorization. The provider
is required to report all family changes that would require reauthorization. When a provider
has been authorized for payment for providing care for families in more than one county,
the county responsible for reauthorization of that provider is the county of the family with
a current authorization for that provider and who has used the provider for the longest length
of time.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 8.
Minnesota Statutes 2022, section 119B.125, subdivision 1a, is amended to read:
Subd. 1a.
Background study required.
new text begin (a) new text end This subdivision only applies to legal,
nonlicensed family child care providers.
new text begin (b) new text end Prior to authorization, deleted text begin and as part of each reauthorization required in subdivision 1,
the countydeleted text end new text begin the commissionernew text end shall perform a background study on deleted text begin every member of the
provider's household who is age 13 and older. The county shall also perform a background
study on an individual who has reached age ten but is not yet age 13 and is living in the
household where the nonlicensed child care will be provided when the county has reasonable
cause as defined under section 245C.02, subdivision 15deleted text end new text begin individuals identified under section
245C.02, subdivision 6anew text end .
new text begin
(c) After authorization, a background study shall also be performed when an individual
identified under section 245C.02, subdivision 6a, joins the household. The provider must
report all family changes that would require a new background study.
new text end
new text begin
(d) At each reauthorization, the commissioner must ensure that a background study
through NETStudy 2.0 has been performed on all individuals in the provider's household
for whom a background study is required under paragraphs (b) and (c).
new text end
new text begin
(e) Prior to a background study through NETStudy 2.0 expiring, another background
study must be completed on all individuals for whom the background study is expiring.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 9.
Minnesota Statutes 2022, section 119B.125, subdivision 1b, is amended to read:
Subd. 1b.
Training required.
(a) deleted text begin Effective November 1, 2011,deleted text end Prior to initial
authorization as required in subdivision 1, a legal nonlicensed family child care provider
must complete first aid and CPR training and provide the verification of first aid and CPR
training to the deleted text begin countydeleted text end new text begin commissionernew text end . The training documentation must have valid effective
dates as of the date the registration request is submitted to the deleted text begin countydeleted text end new text begin commissionernew text end . The
training must have been provided by an individual approved to provide first aid and CPR
instruction and have included CPR techniques for infants and children.
deleted text begin
(b) Legal nonlicensed family child care providers with an authorization effective before
November 1, 2011, must be notified of the requirements before October 1, 2011, or at
authorization, and must meet the requirements upon renewal of an authorization that occurs
on or after January 1, 2012.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Upon each reauthorization after the authorization period when the initial first aid
and CPR training requirements are met, a legal nonlicensed family child care provider must
provide verification of at least eight hours of additional training listed in the Minnesota
Center for Professional Development Registry.
deleted text begin (d)deleted text end new text begin (c)new text end This subdivision only applies to legal nonlicensed family child care providers.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 10.
Minnesota Statutes 2022, section 119B.125, subdivision 2, is amended to read:
Subd. 2.
Persons who cannot be authorized.
(a) The provider seeking authorization
under this section shall collect the information required under section 245C.05deleted text begin , subdivision
1,deleted text end and forward the information to the deleted text begin county agencydeleted text end new text begin commissionernew text end . The background study
must include a review of the information required under section 245C.08, deleted text begin subdivisions 2,deleted text end new text begin
subdivisionnew text end 3deleted text begin , and 4, paragraph (b)deleted text end .
new text begin (b)new text end A new text begin legal new text end nonlicensed family child care provider is not authorized under this section
ifnew text begin the commissioner determines thatnew text end any household member who is the subject of a
background studynew text begin :
new text end
new text begin (1)new text end is deleted text begin determined to have a disqualifying characteristic under paragraphs (b) to (e) or
under section 245C.14 or 245C.15. If a county has determined that a provider is able to be
authorized in that county, and a family in another county later selects that provider, the
provider is able to be authorized in the second county without undergoing a new background
investigation unless one of the following conditions exists:deleted text end new text begin disqualified from direct contact
with, or from access to, persons served by the program and that disqualification has not
been set aside or a variance has not been granted under chapter 245C;
new text end
deleted text begin
(1) two years have passed since the first authorization;
deleted text end
deleted text begin
(2) another person age 13 or older has joined the provider's household since the last
authorization;
deleted text end
deleted text begin
(3) a current household member has turned 13 since the last authorization; or
deleted text end
deleted text begin
(4) there is reason to believe that a household member has a factor that prevents
authorization.
deleted text end
deleted text begin (b) the persondeleted text end new text begin (2)new text end has refused to give written consent for disclosure of criminal history
recordsdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (c) the persondeleted text end new text begin (3)new text end has been denied a family child care license deleted text begin or has received a fine or
a sanction as a licensed child care provider that has not been reversed on appeal.deleted text end new text begin ;
new text end
deleted text begin (d) the persondeleted text end new text begin (4)new text end has a family child care licensing disqualification that has not been set
asidedeleted text begin .deleted text end new text begin ; or
new text end
deleted text begin (e) the persondeleted text end new text begin (5)new text end has admitted or a county has found that there is a preponderance of
evidence that fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for payment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 11.
Minnesota Statutes 2022, section 119B.125, subdivision 3, is amended to read:
Subd. 3.
Authorization exception.
When deleted text begin a countydeleted text end new text begin the commissionernew text end denies a person
authorization as a legal nonlicensed family child care provider under subdivision 2, the
deleted text begin countydeleted text end new text begin commissionernew text end later may authorize that person as a provider if the following conditions
are met:
(1) after receiving notice of the denial of the authorization, the person applies for and
obtains a valid child care license issued under chapter 245A, issued by a tribe, or issued by
another state;
(2) the person maintains the valid child care license; and
(3) the person is providing child care in the state of licensure or in the area under the
jurisdiction of the licensing tribe.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 12.
Minnesota Statutes 2022, section 119B.125, subdivision 4, is amended to read:
Subd. 4.
Unsafe care.
deleted text begin A countydeleted text end new text begin (a) The commissionernew text end may deny authorization as a child
care provider to any applicant or rescind authorization of any provider when deleted text begin thedeleted text end new text begin anew text end county
new text begin or commissioner new text end knows or has reason to believe that the provider is unsafe or that the
circumstances of the chosen child care arrangement are unsafenew text begin , based on statewide criteria
developed by the commissionernew text end . deleted text begin The county must include the conditions under which a
provider or care arrangement will be determined to be unsafe in the county's child care fund
plan under section 119B.08, subdivision 3
deleted text end
new text begin (b) The commissioner shall develop and introduce statewide criteria for unsafe carenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 13.
Minnesota Statutes 2022, section 119B.125, subdivision 6, is amended to read:
Subd. 6.
Record-keeping requirement.
(a) As a condition of payment, all providers
receiving child care assistance payments must:
(1) keep accurate and legible daily attendance records at the site where services are
delivered for children receiving child care assistance; and
(2) make those records available immediately to the county or the commissioner upon
request. Any records not provided to a county or the commissioner at the date and time of
the request are deemed inadmissible if offered as evidence by the provider in any proceeding
to contest an overpayment or disqualification of the provider.
(b) As a condition of payment, attendance records must be completed daily and include
the date, the first and last name of each child in attendance, and the times when each child
is dropped off and picked up. To the extent possible, the times that the child was dropped
off to and picked up from the child care provider must be entered by the person dropping
off or picking up the child. The daily attendance records must be retained at the site where
services are delivered for six years after the date of service.
(c) deleted text begin A county or the commissioner may deny or revoke a provider's authorization to
receive child care assistance payments under section 119B.13, subdivision 6, paragraph (d),
pursue a fraud disqualification under section 256.98, take an action against the provider
under chapter deleted text end deleted text begin 245Edeleted text end deleted text begin , or establish an attendance record overpayment under paragraph (d)
against a current or former provider,deleted text end When the county or the commissioner knows or has
reason to believe that deleted text begin thedeleted text end new text begin a current or formernew text end provider has not complied with the
record-keeping requirement in this subdivisiondeleted text begin .deleted text end new text begin :
new text end
new text begin
(1) the commissioner may:
new text end
new text begin
(i) deny or revoke a provider's authorization to receive child care assistance payments
under section 119B.13, subdivision 6, paragraph (d);
new text end
new text begin
(ii) pursue an administrative disqualification under sections 256.046, subdivision 3, and
256.98; or
new text end
new text begin
(iii) take an action against the provider under chapter 245E; or
new text end
new text begin
(2) a county or the commissioner may establish an attendance record overpayment under
paragraph (d).
new text end
(d) To calculate an attendance record overpayment under this subdivision, the
commissioner or county agency shall subtract the maximum daily rate from the total amount
paid to a provider for each day that a child's attendance record is missing, unavailable,
incomplete, inaccurate, or otherwise inadequate.
(e) The commissioner shall develop criteria for a county to determine an attendance
record overpayment under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 14.
Minnesota Statutes 2022, section 119B.125, subdivision 7, is amended to read:
Subd. 7.
Failure to comply with attendance record requirements.
(a) In establishing
an overpayment claim for failure to provide attendance records in compliance with
subdivision 6, the county or commissioner is limited to the six years prior to the date the
county or the commissioner requested the attendance records.
(b) The commissioner new text begin or county new text end may periodically audit child care providers to determine
compliance with subdivision 6.
(c) When the commissioner or county establishes an overpayment claim against a current
or former provider, the commissioner or county must provide notice of the claim to the
provider. A notice of overpayment claim must specify the reason for the overpayment, the
authority for making the overpayment claim, the time period in which the overpayment
occurred, the amount of the overpayment, and the provider's right to appeal.
(d) The commissioner or county shall seek to recoup or recover overpayments paid to
a current or former provider.
(e) When a provider has been disqualified or convicted of fraud under section 256.98,
theft under section 609.52, or a federal crime relating to theft of state funds or fraudulent
billing for a program administered by the commissioner or a county, recoupment or recovery
must be sought regardless of the amount of overpayment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 15.
Minnesota Statutes 2022, section 119B.13, subdivision 1, is amended to read:
Subdivision 1.
Subsidy restrictions.
(a) Beginning deleted text begin November 15, 2021deleted text end new text begin October 30,
2023new text end , the maximum rate paid for child care assistance in any county or county price cluster
under the child care fund shall bedeleted text begin :
deleted text end
deleted text begin (1) for all infants and toddlers,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the 2021 child
care provider rate survey or the rates in effect at the time of the updatedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) for all preschool and school-age children, the greater of the 30th percentile of the
2021 child care provider rate survey or the rates in effect at the time of the update.
deleted text end
(b) Beginning the first full service period on or after January 1, 2025, new text begin and every three
years thereafter, new text end the maximum rate paid for child care assistance in a county or county price
cluster under the child care fund shall bedeleted text begin :
deleted text end
deleted text begin (1) for all infants and toddlers,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the deleted text begin 2024deleted text end new text begin most
recentnew text end child care provider rate survey or the rates in effect at the time of the updatedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) for all preschool and school-age children, the greater of the 30th percentile of the
2024 child care provider rate survey or the rates in effect at the time of the update.
deleted text end
The rates under paragraph (a) continue until the rates under this paragraph go into effect.
(c) For a child care provider located within the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child
care assistance shall be equal to the maximum rate paid in the county with the highest
maximum reimbursement rates or the provider's charge, whichever is less. The commissioner
may: (1) assign a county with no reported provider prices to a similar price cluster; and (2)
consider county level access when determining final price clusters.
(d) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.
(e) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.
(f) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.
(g) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:
(1) the daily rate for one day of care;
(2) the weekly rate for one week of care by the child's primary provider; and
(3) two daily rates during two weeks of care by a child's secondary provider.
(h) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.
(i) If the provider charge is greater than the maximum provider rate allowed, the parent
is responsible for payment of the difference in the rates in addition to any family co-payment
fee.
(j) new text begin Beginning October 30, 2023, new text end the maximum registration fee paid for child care
assistance in any county or county price cluster under the child care fund shall be deleted text begin set as
follows: (1) beginning November 15, 2021,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the
deleted text begin 2021deleted text end new text begin most recentnew text end child care provider rate survey or the registration fee in effect at the time
of the updatedeleted text begin ; and (2) beginning the first full service period on or after January 1, 2025, the
maximum registration fee shall be the greater of the 40th percentile of the 2024 child care
provider rate survey or the registration fee in effect at the time of the update. The registration
fees under clause (1) continue until the registration fees under clause (2) go into effectdeleted text end .
(k) Maximum registration fees must be set for licensed family child care and for child
care centers. For a child care provider located in the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee paid
for child care assistance shall be equal to the maximum registration fee paid in the county
with the highest maximum registration fee or the provider's charge, whichever is less.
Sec. 16.
Minnesota Statutes 2022, section 119B.13, subdivision 4, is amended to read:
Subd. 4.
Rates charged to publicly subsidized families.
Child care providers receiving
reimbursement under this chapter may not charge a rate to clients receiving assistance under
this chapter that is higher than the private, full-paying client rate.new text begin This subdivision shall not
prohibit a child care provider receiving reimbursement under this chapter from providing
discounts, scholarships, or other financial assistance to any clients.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Minnesota Statutes 2022, section 119B.13, subdivision 6, is amended to read:
Subd. 6.
Provider payments.
(a) A provider shall bill only for services documented
according to section 119B.125, subdivision 6. The provider shall bill for services provided
within ten days of the end of the service period. Payments under the child care fund shall
be made within 21 days of receiving a complete bill from the provider. Counties or the state
may establish policies that make payments on a more frequent basis.
(b) If a provider has received an authorization of care and been issued a billing form for
an eligible family, the bill must be submitted within 60 days of the last date of service on
the bill. A bill submitted more than 60 days after the last date of service must be paid if the
county determines that the provider has shown good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 119B.08, subdivision 3, and the definition of good cause must include county error.
Any bill submitted more than a year after the last date of service on the bill must not be
paid.
(c) If a provider provided care for a time period without receiving an authorization of
care and a billing form for an eligible family, payment of child care assistance may only be
made retroactively for a maximum of three months from the date the provider is issued an
authorization of care and a billing form. For a family at application, if a provider provided
child care during a time period without receiving an authorization of care and a billing form,
a county may only make child care assistance payments to the provider retroactively from
the date that child care began, or from the date that the family's eligibility began under
section 119B.09, subdivision 7, or from the date that the family meets authorization
requirements, not to exceed six months from the date that the provider is issued an
authorization of care and a billing form, whichever is later.
(d) deleted text begin A county ordeleted text end The commissioner may refuse to issue a child care authorization to a
certified, licensed, or legal nonlicensed provider, revoke an existing child care authorization
to a certified, licensed, or legal nonlicensed provider, stop payment issued to a certified,
licensed, or legal nonlicensed provider, or refuse to pay a bill submitted by a certified,
licensed, or legal nonlicensed provider if:
(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;
(2) deleted text begin a county ordeleted text end the commissioner finds by a preponderance of the evidence that the
provider intentionally gave the county materially false information on the provider's billing
forms, or provided false attendance records to a county or the commissioner;
(3) the provider is in violation of child care assistance program rules, until the agency
determines those violations have been corrected;
(4) the provider is operating after:
(i) an order of suspension of the provider's license issued by the commissioner;
(ii) an order of revocation of the provider's license issued by the commissioner; or
(iii) an order of decertification issued to the provider;
(5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request;
(6) the provider gives false child care price information; or
(7) the provider fails to report decreases in a child's attendance as required under section
119B.125, subdivision 9.
(e) For purposes of paragraph (d), clauses (3), (5), (6), and (7), deleted text begin the county ordeleted text end the
commissioner may withhold the provider's authorization or payment for a period of time
not to exceed three months beyond the time the condition has been corrected.
(f) A county's payment policies must be included in the county's child care plan under
section 119B.08, subdivision 3. If payments are made by the state, in addition to being in
compliance with this subdivision, the payments must be made in compliance with section
16A.124.
(g) If the commissioner deleted text begin or responsible county agencydeleted text end suspends or refuses payment to a
provider under paragraph (d), clause (1) or (2), or chapter 245E and the provider has:
(1) a disqualification for wrongfully obtaining assistance under section 256.98,
subdivision 8, paragraph (c);
(2) an administrative disqualification under section 256.046, subdivision 3; or
(3) a termination under section 245E.02, subdivision 4, paragraph (c), clause (4), or
245E.06;
then the provider forfeits the payment to the commissioner or the responsible county agency,
regardless of the amount assessed in an overpayment, charged in a criminal complaint, or
ordered as criminal restitution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 18.
Minnesota Statutes 2022, section 119B.16, subdivision 1a, is amended to read:
Subd. 1a.
Fair hearing allowed for providers.
(a) This subdivision applies to providers
caring for children receiving child care assistance.
(b) A provider may request a fair hearing according to sections 256.045 and 256.046
only if a county agency or the commissioner:
(1) denies or revokes a provider's authorization, unless the action entitles the provider
tonew text begin :
new text end
new text begin (i) new text end an administrative review under section 119B.161;new text begin or
new text end
new text begin
(ii) a contested case hearing under section 245.095, subdivision 4;
new text end
(2) assigns responsibility for an overpayment to a provider under section 119B.11,
subdivision 2a;
(3) establishes an overpayment for failure to comply with section 119B.125, subdivision
6;
(4) seeks monetary recovery or recoupment under section 245E.02, subdivision 4,
paragraph (c), clause (2);
(5) initiates an administrative fraud disqualification hearing; or
(6) issues a payment and the provider disagrees with the amount of the payment.
(c) A provider may request a fair hearing by submitting a written request to the
Department of Human Services, Appeals Division. A provider's request must be received
by the Appeals Division no later than 30 days after the date a county or the commissioner
mails the notice.
(d) The provider's appeal request must contain the following:
(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the
dollar amount involved for each disputed item;
(2) the computation the provider believes to be correct, if applicable;
(3) the statute or rule relied on for each disputed item; and
(4) the name, address, and telephone number of the person at the provider's place of
business with whom contact may be made regarding the appeal.
Sec. 19.
Minnesota Statutes 2022, section 119B.16, subdivision 1c, is amended to read:
Subd. 1c.
Notice to providers.
(a) Before taking an action appealable under subdivision
1a, paragraph (b), a county agency or the commissioner must mail written notice to the
provider against whom the action is being taken. Unless otherwise specified under this
chapter, chapter 245E, or Minnesota Rules, chapter 3400, a county agency or the
commissioner must mail the written notice at least 15 calendar days before the adverse
action's effective date.
(b) The notice shall state (1) the factual basis for the new text begin county agency or new text end department's
determination, (2) the action the new text begin county agency or new text end department intends to take, (3) the dollar
amount of the monetary recovery or recoupment, if known, and (4) the provider's right to
appeal the department's proposed action.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 20.
Minnesota Statutes 2022, section 119B.16, subdivision 3, is amended to read:
Subd. 3.
Fair hearing stayed.
(a) If deleted text begin a county agency ordeleted text end the commissioner denies or
revokes a provider's authorization based on a licensing action under section 245A.07, and
the provider appeals, the provider's fair hearing must be stayed until the commissioner issues
an order as required under section 245A.08, subdivision 5.
(b) If the commissioner denies or revokes a provider's authorization based on
decertification under section 245H.07, and the provider appeals, the provider's fair hearing
must be stayed until the commissioner issues a final order as required under section 245H.07.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 21.
Minnesota Statutes 2022, section 119B.161, subdivision 2, is amended to read:
Subd. 2.
Notice.
(a) deleted text begin A county agency ordeleted text end The commissioner must mail written notice to
a provider within five days of suspending payment or denying or revoking the provider's
authorization under subdivision 1.
(b) The notice must:
(1) state the provision under which deleted text begin a county agency ordeleted text end the commissioner is denying,
revoking, or suspending the provider's authorization or suspending payment to the provider;
(2) set forth the general allegations leading to the denial, revocation, or suspension of
the provider's authorization. The notice need not disclose any specific information concerning
an ongoing investigation;
(3) state that the denial, revocation, or suspension of the provider's authorization is for
a temporary period and explain the circumstances under which the action expires; and
(4) inform the provider of the right to submit written evidence and argument for
consideration by the commissioner.
(c) Notwithstanding Minnesota Rules, part 3400.0185, if deleted text begin a county agency ordeleted text end the
commissioner suspends payment to a provider under chapter 245E or denies or revokes a
provider's authorization under section 119B.13, subdivision 6, paragraph (d), clause (1) or
(2), a county agency or the commissioner must send notice of service authorization closure
to each affected family. The notice sent to an affected family is effective on the date the
notice is created.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 22.
Minnesota Statutes 2022, section 119B.161, subdivision 3, is amended to read:
Subd. 3.
Duration.
If a provider's payment is suspended under chapter 245E or a
provider's authorization is denied or revoked under section 119B.13, subdivision 6, paragraph
(d), clause (1) or (2), the provider's denial, revocation, temporary suspension, or payment
suspension remains in effect until:
(1) the commissioner or a law enforcement authority determines that there is insufficient
evidence warranting the action and deleted text begin a county agency ordeleted text end the commissioner does not pursue
an additional administrative remedy under chapter 245E or section 256.98; or
(2) all criminal, civil, and administrative proceedings related to the provider's alleged
misconduct conclude and any appeal rights are exhausted.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 23.
new text begin
[119B.162] RECONSIDERATION OF CORRECTION ORDERS.
new text end
new text begin
(a) If a provider believes that the contents of the commissioner's correction order issued
under chapter 245E are in error, the provider may ask the commissioner to reconsider the
parts of the correction order that are alleged to be in error. The request for reconsideration
must be made in writing and must be postmarked and sent to the commissioner or submitted
in the provider licensing and reporting hub within 30 calendar days from the date the
correction order was mailed or issued through the hub to the provider, and:
new text end
new text begin
(1) specify the parts of the correction order that are alleged to be in error;
new text end
new text begin
(2) explain why they are in error; and
new text end
new text begin
(3) include documentation to support the allegation of error.
new text end
new text begin
(b) Upon implementation of the provider licensing and reporting hub, the provider must
use the hub to request reconsideration.
new text end
new text begin
(c) A request for reconsideration does not stay any provisions or requirements of the
correction order. The commissioner's disposition of a request for reconsideration is final
and not subject to appeal under chapter 14. The commissioner's decision is appealable by
petition for writ of certiorari under chapter 606.
new text end
Sec. 24.
Minnesota Statutes 2022, section 119B.19, subdivision 7, is amended to read:
Subd. 7.
Child care resource and referral programs.
Within each region, a child care
resource and referral program must:
(1) maintain one database of all existing child care resources and services and one
database of family referrals;
(2) provide a child care referral service for families;
(3) develop resources to meet the child care service needs of families;
(4) increase the capacity to provide culturally responsive child care services;
(5) coordinate professional development opportunities for child care and school-age
care providers;
(6) administer and award child care services grants;
(7) cooperate with the Minnesota Child Care Resource and Referral Network and its
member programs to develop effective child care services and child care resources; deleted text begin and
deleted text end
(8) assist in fostering coordination, collaboration, and planning among child care programs
and community programs such as school readiness, Head Start, early childhood family
education, local interagency early intervention committees, early childhood screening,
special education services, and other early childhood care and education services and
programs that provide flexible, family-focused services to families with young children to
the extent possibledeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) administer the child care one-stop regional assistance network to assist child care
providers and individuals interested in becoming child care providers with establishing and
sustaining a licensed family child care or group family child care program or a child care
center.
new text end
Sec. 25.
new text begin
[119B.27] GREAT START COMPENSATION SUPPORT PAYMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of human services shall establish and
administer the great start compensation support payment program to provide eligible child
care and early learning programs with payments to improve access to early care and learning
in Minnesota and to strengthen the ability of child care early learning programs to recruit
and retain qualified early educators to work in early care and learning programs.
new text end
new text begin Subd. 2. new text end
new text begin Eligible programs. new text end
new text begin
(a) The following programs are eligible to receive payments
under this section:
new text end
new text begin
(1) family and group family child care homes licensed under Minnesota Rules, chapter
9502;
new text end
new text begin
(2) child care centers licensed under Minnesota Rules, chapter 9503;
new text end
new text begin
(3) certified license-exempt child care centers under chapter 245H;
new text end
new text begin
(4) Tribally licensed child care programs; and
new text end
new text begin
(5) other programs as determined by the commissioner.
new text end
new text begin
(b) To be eligible, programs must not be:
new text end
new text begin
(1) the subject of a finding of fraud for which the program or individual is currently
serving a penalty or exclusion;
new text end
new text begin
(2) the subject of suspended, denied, or terminated payments to a provider under section
256.98, subdivision 1; 119B.13, subdivision 6, paragraph (d), clauses (1) and (2); or 245E.02,
subdivision 4, paragraph (c), clause (4), regardless of whether the action is under appeal;
new text end
new text begin
(3) prohibited from receiving public money under section 245.095, regardless of whether
the action is under appeal; or
new text end
new text begin
(4) under license revocation, suspension, temporary immediate suspension, or
decertification, regardless of whether the action is under appeal.
new text end
new text begin Subd. 3. new text end
new text begin Requirements. new text end
new text begin
(a) As a condition of payment, all providers receiving retention
payments under this section must:
new text end
new text begin
(1) complete an application developed by the commissioner for each payment period
for which the eligible program applies for funding;
new text end
new text begin
(2) submit data on child enrollment and attendance to the commissioner in the form and
manner specified by the commissioner; and
new text end
new text begin
(3) attest and agree in writing that the program was open and operating and served a
minimum number of children, as determined by the commissioner, during the funding
period, with the exceptions of:
new text end
new text begin
(i) service disruptions that are necessary to protect the safety and health of children and
child care programs based on public health guidance issued by the Centers for Disease
Control and Prevention, the commissioner of health, the commissioner of human services,
or a local public health agency; and
new text end
new text begin
(ii) planned temporary closures for provider vacation and holidays during each payment
period. The maximum allowed duration of vacations and holidays must be established by
the commissioner.
new text end
new text begin
(b) Money received under this section must be expended by a provider no later than six
months after the date the payment was received.
new text end
new text begin
(c) Recipients must comply with all requirements listed in the application under this
section. Methods for demonstrating that requirements have been met shall be determined
by the commissioner.
new text end
new text begin
(d) Recipients must keep accurate and legible records of the following at the site where
services are delivered:
new text end
new text begin
(1) use of money;
new text end
new text begin
(2) attendance records. Daily attendance records must be completed every day and
include the date, the first and last name of each child in attendance, and the times when
each child is dropped off and picked up. To the extent possible, the times that the child was
dropped off and picked up from the provider must be entered by the person dropping off or
picking up the child; and
new text end
new text begin
(3) staff employment, compensation, and benefits records. Employment, compensation,
and benefits records must include time sheets or other records of daily hours worked;
documentation of compensation and benefits; documentation of written changes to employees'
rate or rates of pay and basis thereof as a result of support payments, as required under
section 181.032; and any other records required to be maintained under section 177.30.
new text end
new text begin
(e) The requirement to document compensation and benefits only applies to family child
care providers if support payment money is used for employee compensation and benefits.
new text end
new text begin
(f) All records must be retained at the site where services are delivered for six years after
the date of receipt of payment and be made immediately available to the commissioner upon
request. Any records not provided to the commissioner at the date and time of the request
are deemed inadmissible if offered as evidence by a provider in any proceeding to contest
an overpayment or disqualification of the provider.
new text end
new text begin
(g) Recipients that fail to meet the requirements under this section are subject to
discontinuation of future installment payments, recovery of overpayments, and actions under
chapter 245E. Except when based on a finding of fraud, actions to establish an overpayment
must be made within six years of receipt of the payments. Once an overpayment is
established, collection may continue until money has been repaid in full. The appeal process
under section 119B.16 applies to actions taken for failure to meet the requirements of this
section.
new text end
new text begin Subd. 4. new text end
new text begin Providing payments. new text end
new text begin
(a) The commissioner shall provide support payments
under this section to all eligible programs on a noncompetitive basis.
new text end
new text begin
(b) The commissioner shall award support payments to all eligible programs. The payment
amounts shall be based on the number of full-time equivalent staff who regularly care for
children in the program, including any employees, sole proprietors, or independent
contractors.
new text end
new text begin
(c) One full-time equivalent is defined as an individual caring for children 32 hours per
week. An individual can count as more or less than one full-time equivalent staff, but as no
more than two full-time equivalent staff.
new text end
new text begin
(d) The amount awarded per full-time equivalent individual caring for children for each
payment type must be established by the commissioner.
new text end
new text begin
(e) Payments must be increased by 25 percent for providers receiving payments through
the child care assistance programs under section 119B.03 or 119B.05 or early learning
scholarships under section 124D.165 or whose program is located in a child care access
equity area. Child care access equity areas are areas with low access to child care, high
poverty rates, high unemployment rates, low home ownership rates, and low median
household incomes. The commissioner must develop a method for establishing child care
access equity areas.
new text end
new text begin
(f) The commissioner shall make payments to eligible programs under this section in
the form, frequency, and manner established by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Eligible uses of money. new text end
new text begin
(a) Recipients that are child care centers licensed under
Minnesota Rules, chapter 9503; certified license-exempt child care centers under chapter
245H; or Tribally licensed child care centers must use money provided under this section
to pay for increases in compensation, benefits, premium pay, or additional federal taxes
assessed on the compensation of employees as a result of paying increased compensation
or premium pay to all paid employees or independent contractors regularly caring for
children. The increases in this paragraph must occur no less frequently than once per year.
new text end
new text begin
(b) Recipients that are family and group family child care homes licensed under
Minnesota Rules, chapter 9502, or are Tribally licensed family child care homes shall use
money provided under this section for one or more of the following uses:
new text end
new text begin
(1) paying personnel costs, such as payroll, salaries, or similar compensation; employee
benefits; premium pay; or financial incentives for recruitment and retention for an employee,
a sole proprietor, or an independent contractor;
new text end
new text begin
(2) paying rent, including rent under a lease agreement, or making payments on any
mortgage obligation, utilities, facility maintenance or improvements, property taxes, or
insurance;
new text end
new text begin
(3) purchasing or updating equipment, supplies, goods, or services;
new text end
new text begin
(4) providing mental health supports for children; or
new text end
new text begin
(5) purchasing training or other professional development.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
By January 1 each year, the commissioner must report to the chairs
and ranking minority members of the legislative committees with jurisdiction over child
care and early learning the number of payments provided to recipients and outcomes of the
support payment program since the last report. This subdivision expires January 31, 2033.
new text end
new text begin Subd. 7. new text end
new text begin Carryforward authority. new text end
new text begin
Funds appropriated under this section are available
until expended.
new text end
Sec. 26.
new text begin
[119B.28] SHARED SERVICES GRANTS.
new text end
new text begin
(a) The commissioner of human services shall establish a grant program to distribute
money for the planning, establishment, expansion, improvement, or operation of shared
services alliances to allow family child care providers to achieve economies of scale. The
commissioner must develop a process to fund organizations to operate shared services
alliances that includes application forms, timelines, and standards for renewal. For purposes
of this section, "shared services alliances" means networks of licensed family child care
providers that share services to reduce costs and achieve efficiencies.
new text end
new text begin
(b) Programs eligible to be a part of the shared services alliances supported through this
grant program include:
new text end
new text begin
(1) family child care or group family child care homes licensed under Minnesota Rules,
chapter 9502;
new text end
new text begin
(2) Tribally licensed family child care or group family child care; and
new text end
new text begin
(3) individuals in the process of starting a family child care or group family child care
home.
new text end
new text begin
(c) Eligible applicants include public entities and private for-profit and nonprofit
organizations.
new text end
new text begin
(d) Grantees shall use the grant money to deliver one or more of the following services:
new text end
new text begin
(1) pooling the management of payroll and benefits, banking, janitorial services, food
services, and other operations;
new text end
new text begin
(2) shared administrative staff for tasks such as record keeping and reporting for programs
such as the child care assistance program, Head Start, the child and adult care food program,
and early learning scholarships;
new text end
new text begin
(3) coordination of bulk purchasing;
new text end
new text begin
(4) management of a substitute pool;
new text end
new text begin
(5) support for implementing shared curriculum and assessments;
new text end
new text begin
(6) mentoring child care provider participants to improve business practices;
new text end
new text begin
(7) provision of and training in child care management software to simplify processes
such as enrollment, billing, and tracking expenditures;
new text end
new text begin
(8) support for a group of providers sharing one or more physical spaces within a larger
building; or
new text end
new text begin
(9) other services as determined by the commissioner.
new text end
new text begin
(e) The commissioner must develop a process by which grantees will report to the
Department of Human Services on activities funded by the grant.
new text end
Sec. 27.
new text begin
[119B.29] CHILD CARE PROVIDER ACCESS TO TECHNOLOGY
GRANTS.
new text end
new text begin
(a) The commissioner of human services shall distribute money provided by this section
through grants to one or more organizations to offer grants or other supports to child care
providers for technology intended to improve the providers' business practices. The
commissioner must develop a process to fund organizations to provide technology supports
that includes application forms, timelines, reporting requirements, and standards for renewal.
new text end
new text begin
(b) Programs eligible to be supported through this grant program include:
new text end
new text begin
(1) child care centers licensed under Minnesota Rules, chapter 9503;
new text end
new text begin
(2) family or group family child care homes licensed under Minnesota Rules, chapter
9502; and
new text end
new text begin
(3) Tribally licensed centers, family child care, and group family child care.
new text end
new text begin
(c) Eligible applicants include public entities and private for-profit and nonprofit
organizations with the ability to develop technology products for child care business
management or offer training, technical assistance, coaching, or other supports for child
care providers to use technology products for child care business management.
new text end
new text begin
(d) Grantees shall use the grant money, either directly or through grants to providers,
for one or more of the following purposes:
new text end
new text begin
(1) the purchase of computers or mobile devices for use in business management;
new text end
new text begin
(2) access to the Internet through the provision of necessary hardware such as routers
or modems or by covering the costs of monthly fees for Internet access;
new text end
new text begin
(3) covering the costs of subscription to child care management software;
new text end
new text begin
(4) covering the costs of training in the use of technology for business management
purposes; and
new text end
new text begin
(5) other services as determined by the commissioner.
new text end
Sec. 28.
Minnesota Statutes 2022, section 245C.04, subdivision 1, is amended to read:
Subdivision 1.
Licensed programs; other child care programs.
(a) The commissioner
shall conduct a background study of an individual required to be studied under section
245C.03, subdivision 1, at least upon application for initial license for all license types.
(b) The commissioner shall conduct a background study of an individual required to be
studied under section 245C.03, subdivision 1, including a child care background study
subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed
child care center, certified license-exempt child care center, or legal nonlicensed child care
provider, on a schedule determined by the commissioner. Except as provided in section
245C.05, subdivision 5a, a child care background study must include submission of
fingerprints for a national criminal history record check and a review of the information
under section 245C.08. A background study for a child care program must be repeated
within five years from the most recent study conducted under this paragraph.
new text begin
(c) At reauthorization or when a new background study is needed under section 119B.125,
subdivision 1a, for a legal nonlicensed child care provider authorized under chapter 119B:
new text end
new text begin
(1) for a background study affiliated with a legal nonlicensed child care provider, the
individual shall provide information required under section 245C.05, subdivision 1,
paragraphs (a), (b), and (d), to the commissioner and be fingerprinted and photographed
under section 245C.05, subdivision 5; and
new text end
new text begin
(2) the commissioner shall verify the information received under clause (1) and submit
the request in NETStudy 2.0 to complete the background study.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end At reapplication for a family child care license:
(1) for a background study affiliated with a licensed family child care center deleted text begin or legal
nonlicensed child care providerdeleted text end , the individual shall provide information required under
section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the county agency, and be
fingerprinted and photographed under section 245C.05, subdivision 5;
(2) the county agency shall verify the information received under clause (1) and forward
the information to the commissioner new text begin and submit the request in NETStudy 2.0 new text end to complete
the background study; and
(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08.
deleted text begin (d)deleted text end new text begin (e)new text end The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services and the following conditions are met:
(1) a study of the individual was conducted either at the time of initial licensure or when
the individual became affiliated with the license holder;
(2) the individual has been continuously affiliated with the license holder since the last
study was conducted; and
(3) the last study of the individual was conducted on or after October 1, 1995.
deleted text begin (e)deleted text end new text begin (f)new text end The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6),
who is newly affiliated with a child foster family setting license holder:
(1) the county or private agency shall collect and forward to the commissioner the
information required under section 245C.05, subdivisions 1 and 5, when the child foster
family setting applicant or license holder resides in the home where child foster care services
are provided; and
(2) the background study conducted by the commissioner of human services under this
paragraph must include a review of the information required under section 245C.08,
subdivisions 1, 3, and 4.
deleted text begin (f)deleted text end new text begin (g)new text end The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated
with an adult foster care or family adult day services and with a family child care license
holder or a legal nonlicensed child care provider authorized under chapter 119B and:
(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and
forward to the commissioner the information required under section 245C.05, subdivision
1, paragraphs (a) and (b), and subdivision 5, paragraph (b), for background studies conducted
by the commissioner for all family adult day services, for adult foster care when the adult
foster care license holder resides in the adult foster care residence, and for family child care
and legal nonlicensed child care authorized under chapter 119B;
(2) the license holder shall collect and forward to the commissioner the information
required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs
(a) and (b), for background studies conducted by the commissioner for adult foster care
when the license holder does not reside in the adult foster care residence; and
(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1, paragraph
(a), and subdivisions 3 and 4.
deleted text begin (g)deleted text end new text begin (h)new text end Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study requests to the commissioner using the
electronic system known as NETStudy before individuals specified in section 245C.03,
subdivision 1, begin positions allowing direct contact in any licensed program.
deleted text begin (h)deleted text end new text begin (i)new text end For an individual who is not on the entity's active roster, the entity must initiate
a new background study through NETStudy when:
(1) an individual returns to a position requiring a background study following an absence
of 120 or more consecutive days; or
(2) a program that discontinued providing licensed direct contact services for 120 or
more consecutive days begins to provide direct contact licensed services again.
The license holder shall maintain a copy of the notification provided to the commissioner
under this paragraph in the program's files. If the individual's disqualification was previously
set aside for the license holder's program and the new background study results in no new
information that indicates the individual may pose a risk of harm to persons receiving
services from the license holder, the previous set-aside shall remain in effect.
deleted text begin (i)deleted text end new text begin (j)new text end For purposes of this section, a physician licensed under chapter 147, advanced
practice registered nurse licensed under chapter 148, or physician assistant licensed under
chapter 147A is considered to be continuously affiliated upon the license holder's receipt
from the commissioner of health or human services of the physician's, advanced practice
registered nurse's, or physician assistant's background study results.
deleted text begin (j)deleted text end new text begin (k)new text end For purposes of family child care, a substitute caregiver must receive repeat
background studies at the time of each license renewal.
deleted text begin (k)deleted text end new text begin (l)new text end A repeat background study at the time of license renewal is not required if the
family child care substitute caregiver's background study was completed by the commissioner
on or after October 1, 2017, and the substitute caregiver is on the license holder's active
roster in NETStudy 2.0.
deleted text begin (l)deleted text end new text begin (m)new text end Before and after school programs authorized under chapter 119B, are exempt
from the background study requirements under section 123B.03, for an employee for whom
a background study under this chapter has been completed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 29.
Minnesota Statutes 2022, section 245C.05, subdivision 4, is amended to read:
Subd. 4.
Electronic transmission.
(a) For background studies conducted by the
Department of Human Services, the commissioner shall implement a secure system for the
electronic transmission of:
(1) background study information to the commissioner;
(2) background study results to the license holder;
(3) background study information obtained under this section and section 245C.08 to
counties and private agencies for background studies conducted by the commissioner for
child foster care, including a summary of nondisqualifying results, except as prohibited by
law; and
(4) background study results to county agencies for background studies conducted by
the commissioner for adult foster care and family adult day services and, upon
implementation of NETStudy 2.0, family child care deleted text begin and legal nonlicensed child care
authorized under chapter deleted text end deleted text begin 119Bdeleted text end .
(b) Unless the commissioner has granted a hardship variance under paragraph (c), a
license holder or an applicant must use the electronic transmission system known as
NETStudy or NETStudy 2.0 to submit all requests for background studies to the
commissioner as required by this chapter.
(c) A license holder or applicant whose program is located in an area in which high-speed
Internet is inaccessible may request the commissioner to grant a variance to the electronic
transmission requirement.
(d) Section 245C.08, subdivision 3, paragraph (c), applies to results transmitted under
this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 30.
Minnesota Statutes 2022, section 245C.17, subdivision 6, is amended to read:
Subd. 6.
Notice to county agency.
For studies on individuals related to a license to
provide adult foster care when the applicant or license holder resides in the adult foster care
residence and family adult day services and, effective upon implementation of NETStudy
2.0, family child care deleted text begin and legal nonlicensed child care authorized under chapter 119Bdeleted text end , the
commissioner shall also provide a notice of the background study results to the county
agency that initiated the background study.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 31.
Minnesota Statutes 2022, section 245C.23, subdivision 2, is amended to read:
Subd. 2.
Commissioner's notice of disqualification that is not set aside.
(a) The
commissioner shall notify the license holder of the disqualification and order the license
holder to immediately remove the individual from any position allowing direct contact with
persons receiving services from the license holder if:
(1) the individual studied does not submit a timely request for reconsideration under
section 245C.21;
(2) the individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that license holder under section 245C.22, unless
the individual has a right to request a hearing under section 245C.27, 245C.28, or 256.045;
(3) an individual who has a right to request a hearing under sections 245C.27 and 256.045,
or 245C.28 and chapter 14 for a disqualification that has not been set aside, does not request
a hearing within the specified time; or
(4) an individual submitted a timely request for a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.
(b) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was previously ordered under section 245C.17 to immediately remove
the disqualified individual from direct contact with persons receiving services or to ensure
that the individual is under continuous, direct supervision when providing direct contact
services, the order remains in effect pending the outcome of a hearing under sections 245C.27
and 256.045, or 245C.28 and chapter 14.
(c) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was not previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous direct supervision when providing direct
contact services, the commissioner shall order the individual to remain under continuous
direct supervision pending the outcome of a hearing under sections 245C.27 and 256.045,
or 245C.28 and chapter 14.
(d) For background studies related to child foster care when the applicant or license
holder resides in the home where services are provided, the commissioner shall also notify
the county or private agency that initiated the study of the results of the reconsideration.
(e) For background studies related to family child care, deleted text begin legal nonlicensed child care,deleted text end
adult foster care programs when the applicant or license holder resides in the home where
services are provided, and family adult day services, the commissioner shall also notify the
county that initiated the study of the results of the reconsideration.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 32.
Minnesota Statutes 2022, section 245E.06, subdivision 3, is amended to read:
Subd. 3.
Appeal of department action.
A provider's rights related to the department's
action taken under this chapter against a provider are established in sections 119B.16 deleted text begin anddeleted text end new text begin ,new text end
119B.161new text begin , 119B.162, and 245.095, subdivision 4new text end .
Sec. 33.
Minnesota Statutes 2022, section 256.046, subdivision 3, is amended to read:
Subd. 3.
Administrative disqualification of child care providers caring for children
receiving child care assistance.
(a) The department deleted text begin or local agencydeleted text end shall pursue an
administrative disqualification, if the child care provider is accused of committing an
intentional program violation, in lieu of a criminal action when it has not been pursued.
Intentional program violations include intentionally making false or misleading statements;
intentionally misrepresenting, concealing, or withholding facts; and repeatedly and
intentionally violating program regulations under chapters 119B and 245E. Intent may be
proven by demonstrating a pattern of conduct that violates program rules under chapters
119B and 245E.
(b) To initiate an administrative disqualification, deleted text begin a local agency ordeleted text end the commissioner
must mail written notice by certified mail to the provider against whom the action is being
taken. Unless otherwise specified under chapter 119B or 245E or Minnesota Rules, chapter
3400, deleted text begin a local agency ordeleted text end the commissioner must mail the written notice at least 15 calendar
days before the adverse action's effective date. The notice shall state (1) the factual basis
for the agency's determination, (2) the action the agency intends to take, (3) the dollar amount
of the monetary recovery or recoupment, if known, and (4) the provider's right to appeal
the agency's proposed action.
(c) The provider may appeal an administrative disqualification by submitting a written
request to the Department of Human Services, Appeals Division. A provider's request must
be received by the Appeals Division no later than 30 days after the date deleted text begin a local agency ordeleted text end
the commissioner mails the notice.
(d) The provider's appeal request must contain the following:
(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the
dollar amount involved for each disputed item;
(2) the computation the provider believes to be correct, if applicable;
(3) the statute or rule relied on for each disputed item; and
(4) the name, address, and telephone number of the person at the provider's place of
business with whom contact may be made regarding the appeal.
(e) On appeal, the issuing agency bears the burden of proof to demonstrate by a
preponderance of the evidence that the provider committed an intentional program violation.
(f) The hearing is subject to the requirements of sections 256.045 and 256.0451. The
human services judge may combine a fair hearing and administrative disqualification hearing
into a single hearing if the factual issues arise out of the same or related circumstances and
the provider receives prior notice that the hearings will be combined.
(g) A provider found to have committed an intentional program violation and is
administratively disqualified shall be disqualified, for a period of three years for the first
offense and permanently for any subsequent offense, from receiving any payments from
any child care program under chapter 119B.
(h) Unless a timely and proper appeal made under this section is received by the
department, the administrative determination of the department is final and binding.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 34.
Minnesota Statutes 2022, section 256.983, subdivision 5, is amended to read:
Subd. 5.
Child care providers; financial misconduct.
(a) A county or tribal agency
may conduct investigations of financial misconduct by child care providers as described in
chapter 245E. Prior to opening an investigation, a county or tribal agency must contact the
commissioner to determine whether an investigation under this chapter may compromise
an ongoing investigation.
(b) If, upon investigation, a preponderance of evidence shows a provider committed an
intentional program violation, intentionally gave the county or tribe materially false
information on the provider's billing forms, provided false attendance records to a county,
tribe, or the commissioner, or committed financial misconduct as described in section
245E.01, subdivision 8, the county or tribal agency may new text begin recommend that the commissioner
new text end suspend a provider's payment pursuant to chapter 245E, or deny or revoke a provider's
authorization pursuant to section 119B.13, subdivision 6, paragraph (d), clause (2), prior to
pursuing other available remedies. deleted text begin The county or tribe must send notice in accordance with
the requirements of section 119B.161, subdivision 2. If a provider's payment is suspended
under this section, the payment suspension shall remain in effect until: (1) the commissioner,
county, tribe, or a law enforcement authority determines that there is insufficient evidence
warranting the action and a county, tribe, or the commissioner does not pursue an additional
administrative remedy under chapter deleted text end deleted text begin 119Bdeleted text end deleted text begin or deleted text end deleted text begin 245Edeleted text end deleted text begin , or section 256.046 or 256.98; or (2)
all criminal, civil, and administrative proceedings related to the provider's alleged misconduct
conclude and any appeal rights are exhausted.
deleted text end
deleted text begin
(c) For the purposes of this section, an intentional program violation includes intentionally
making false or misleading statements; intentionally misrepresenting, concealing, or
withholding facts; and repeatedly and intentionally violating program regulations under
chapters
deleted text end
deleted text begin
119B
deleted text end
deleted text begin
and
deleted text end
deleted text begin
245E
deleted text end
deleted text begin
.
deleted text end
deleted text begin
(d) A provider has the right to administrative review under section 119B.161 if: (1)
payment is suspended under chapter
deleted text end
deleted text begin
245E
deleted text end
deleted text begin
; or (2) the provider's authorization was denied
or revoked under section 119B.13, subdivision 6, paragraph (d), clause (2).
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective April 28, 2025.
new text end
Sec. 35. new text begin DIRECTION TO COMMISSIONER; TRANSITION CHILD CARE
STABILIZATION GRANTS.
new text end
new text begin
(a) The commissioner of human services must continue providing child care stabilization
grants under Laws 2021, First Special Session chapter 7, article 14, section 21, from July
1, 2023, through no later than December 31, 2023.
new text end
new text begin
(b) The commissioner shall award transition child care stabilization grant amounts to
all eligible programs. The transition month grant amounts must be based on the number of
full-time equivalent staff who regularly care for children in the program, including employees,
sole proprietors, or independent contractors. One full-time equivalent staff is defined as an
individual caring for children 32 hours per week. An individual can count as more, or less,
than one full-time equivalent staff, but as no more than two full-time equivalent staff.
new text end
Sec. 36. new text begin DIRECTION TO COMMISSIONER; INCREASE FOR MAXIMUM CHILD
CARE ASSISTANCE RATES.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the
commissioner must allocate the additional basic sliding fee child care money for calendar
year 2024 to counties and Tribes for updated maximum rates based on relative need to cover
maximum rate increases. In distributing the additional money, the commissioner shall
consider the following factors by county and Tribe:
new text end
new text begin
(1) the number of children;
new text end
new text begin
(2) the provider type;
new text end
new text begin
(3) the age of children served; and
new text end
new text begin
(4) the amount of the increase in maximum rates.
new text end
Sec. 37. new text begin DIRECTION TO COMMISSIONER; ALLOCATING BASIC SLIDING
FEE MONEY.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the
commissioner of human services must allocate additional basic sliding fee child care money
for calendar year 2025 to counties and Tribes to account for the change in the definition of
family in Minnesota Statutes, section 119B.011, in this article. In allocating the additional
money, the commissioner shall consider:
new text end
new text begin
(1) the number of children in the county or Tribe who receive care from a relative
custodian who accepted a transfer of permanent legal and physical custody of a child under
section 260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor
custodian or guardian as established according to section 256N.22, subdivision 10; or foster
parents in a family foster home under section 260C.007, subdivision 16b; and
new text end
new text begin
(2) the average basic sliding fee cost of care in the county or Tribe.
new text end
Sec. 38. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, section 119B.03, subdivision 4,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, section 245C.11, subdivision 3,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (b) is effective April 28, 2025.
new text end
ARTICLE 2
CHILD SAFETY AND PERMANENCY
Section 1.
new text begin
[256.4792] SUPPORT BEYOND 21 GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment and authority. new text end
new text begin
The commissioner shall establish the
support beyond 21 grant program to distribute grants to one or more community-based
organizations to provide services and financial support to youth eligible for the support
beyond 21 program under section 260C.451, subdivision 8b.
new text end
new text begin Subd. 2. new text end
new text begin Distribution of money by the grantee. new text end
new text begin
(a) The grantee shall distribute support
beyond 21 grant program money to eligible youth to be used for basic well-being needs and
housing as determined solely by the youth.
new text end
new text begin
(b) The grantee shall distribute support beyond 21 grant money to eligible youth on a
monthly basis for 12 months.
new text end
new text begin
(c) Once a youth has completed the program, the youth must receive a stipend to complete
an exit survey on the youth's experiences in the program.
new text end
new text begin
(d) A grantee may not deny funding to a youth based on any criteria beyond a youth's
eligibility for the support beyond 21 program under section 260C.451, subdivision 8b.
new text end
new text begin Subd. 3. new text end
new text begin Reporting. new text end
new text begin
The selected grantee or grantees must report quarterly to the
commissioner of human services in order to receive the quarterly payment. The selected
grantee or grantees must include the following information in a quarterly report:
new text end
new text begin
(1) a list of eligible youth who have been referred;
new text end
new text begin
(2) the amount of money that has been distributed to each youth per month;
new text end
new text begin
(3) any surveys completed by youth leaving the support beyond 21 program; and
new text end
new text begin
(4) other data as determined by the commissioner.
new text end
Sec. 2.
new text begin
[256.4793] FAMILY FIRST PREVENTION SERVICES ACT SUPPORT
AND DEVELOPMENT GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization. new text end
new text begin
The commissioner shall establish a grant program to
support prevention and early intervention services provided by community-based agencies
to implement and build upon Minnesota's Family First Prevention Services Act Title IV-E
prevention services plan.
new text end
new text begin Subd. 2. new text end
new text begin Uses. new text end
new text begin
Funds granted to community-based agencies must be used to:
new text end
new text begin
(1) implement or expand any Family First Prevention Services Act service or program
that is included in Minnesota's prevention services plan;
new text end
new text begin
(2) implement or expand any proposed future Family First Prevention Services Act
service or program;
new text end
new text begin
(3) implement or expand any prevention or family preservation service or programming;
or
new text end
new text begin
(4) evaluate any of the above programs or services.
new text end
new text begin Subd. 3. new text end
new text begin Special revenue account established. new text end
new text begin
Funds appropriated under this section
shall be transferred to a special revenue account. The commissioner shall retain federal
reimbursement generated under this section. Federal reimbursement shall be transferred to
the special revenue account.
new text end
Sec. 3.
new text begin
[256.4794] FAMILY FIRST PREVENTION SERVICES ACT KINSHIP
NAVIGATOR PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization. new text end
new text begin
The commissioner shall establish a grant program for
Kinship Navigator programs as outlined by the federal Family First Prevention Services
Act.
new text end
new text begin Subd. 2. new text end
new text begin Uses. new text end
new text begin
Eligible grantees must use funds to assess kinship caregiver needs, provide
connection to local and statewide resources, provide case management to assist with complex
cases, and provide support to meet caregiver needs.
new text end
new text begin Subd. 3. new text end
new text begin Special revenue account established. new text end
new text begin
Funds appropriated under this section
shall be transferred to a special revenue account. The commissioner shall retain federal
reimbursement generated under this section. Federal reimbursement shall be transferred to
the special revenue account.
new text end
Sec. 4.
Minnesota Statutes 2022, section 256N.24, subdivision 12, is amended to read:
Subd. 12.
Approval of initial assessments, special assessments, and reassessments.
(a)
Any agency completing initial assessments, special assessments, or reassessments must
designate one or more supervisors or other staff to examine and approve assessments
completed by others in the agency under subdivision 2. The person approving an assessment
must not be the case manager or staff member completing that assessment.
(b) In cases where a special assessment or reassessment for Northstar kinship assistance
and adoption assistance is required under subdivision 8 or 11, the commissioner shall review
and approve the assessment as part of the eligibility determination process outlined in section
256N.22, subdivision 7, for Northstar kinship assistance, or section 256N.23, subdivision
7, for adoption assistance. The assessment determines the maximum of the negotiated
agreement amount under section 256N.25.
(c) The new text begin effective date of the new text end new rate is deleted text begin effective the calendar month that the assessment
is approved, or the effective date of the agreement, whichever is later.deleted text end new text begin determined as follows:
new text end
new text begin
(1) for initial assessments of children in foster care, the new rate is effective based on
the emergency foster care rate for initial placement pursuant to section 256N.26, subdivision
6;
new text end
new text begin
(2) for special assessments, the new rate is effective on the date of the finalized adoption
decree or the date of the court order that transfers permanent legal and physical custody to
a relative;
new text end
new text begin
(3) for postpermanency reassessments, the new rate is effective on the date that the
commissioner signs the amendment to the Northstar Adoption Assistance or Northstar
Kinship Assistance benefit agreement.
new text end
Sec. 5.
new text begin
[260.014] FAMILY FIRST PREVENTION AND EARLY INTERVENTION
ALLOCATION PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization. new text end
new text begin
The commissioner shall establish a program that allocates
money to counties and federally recognized Tribes in Minnesota to provide prevention and
early intervention services under the Family First Prevention Services Act.
new text end
new text begin Subd. 2. new text end
new text begin Uses. new text end
new text begin
(a) Money allocated to counties and Tribes may be used for the following
purposes:
new text end
new text begin
(1) to implement or expand any service or program that is included in the state's
prevention plan;
new text end
new text begin
(2) to implement or expand any proposed service or program;
new text end
new text begin
(3) to implement or expand any existing service or program; and
new text end
new text begin
(4) any other use approved by the commissioner.
new text end
new text begin
A county or a Tribe must use at least ten percent of the allocation to provide services and
supports directly to families.
new text end
new text begin Subd. 3. new text end
new text begin Payments. new text end
new text begin
(a) The commissioner shall allocate state money appropriated under
this section to each county board or Tribe on a calendar-year basis using a formula established
by the commissioner.
new text end
new text begin
(b) Notwithstanding this subdivision, to the extent that money is available, no county
or Tribe may be allocated less than:
new text end
new text begin
(1) $25,000 in calendar year 2024;
new text end
new text begin
(2) $50,000 in calendar year 2025; and
new text end
new text begin
(3) $75,000 in calendar year 2026 and each year thereafter.
new text end
new text begin
(c) A county agency or an initiative Tribe must submit a plan and report the use of money
as determined by the commissioner.
new text end
new text begin
(d) The commissioner may distribute money under this section for a two-year period.
new text end
new text begin Subd. 4. new text end
new text begin Prohibition on supplanting existing money. new text end
new text begin
Money received under this section
must be used to address prevention and early intervention staffing, programming, and other
activities as determined by the commissioner. Money must not be used to supplant current
county or Tribal expenditures for these purposes.
new text end
Sec. 6.
Minnesota Statutes 2022, section 260.761, subdivision 2, as amended by Laws
2023, chapter 16, section 16, is amended to read:
Subd. 2.
Notice to Tribes of services or court proceedings involving an Indian
child.
(a) When a child-placing agency has information that a family assessment deleted text begin ordeleted text end new text begin ,new text end
investigationnew text begin , or noncaregiver sex trafficking assessmentnew text end being conducted may involve an
Indian child, the child-placing agency shall notify the Indian child's Tribe of the family
assessment deleted text begin ordeleted text end new text begin ,new text end investigationnew text begin , or noncaregiver sex trafficking assessmentnew text end according to section
260E.18. new text begin The child-placing agency shall provide new text end initial notice deleted text begin shall be provideddeleted text end by telephone
and by email or facsimile and shall include the child's full name and date of birth; the full
names and dates of birth of the child's biological parents; and if known the full names and
dates of birth of the child's grandparents and of the child's Indian custodian. If information
regarding the child's grandparents or Indian custodian is not immediately available, the
child-placing agency shall continue to request this information and shall notify the Tribe
when it is received. Notice shall be provided to all Tribes to which the child may have any
Tribal lineage. The child-placing agency shall request that the Tribe or a designated Tribal
representative participate in evaluating the family circumstances, identifying family and
Tribal community resources, and developing case plans. The child-placing agency shall
continue to include the Tribe in service planning and updates as to the progress of the case.
(b) When a child-placing agency has information that a child receiving services may be
an Indian child, the child-placing agency shall notify the Tribe by telephone and by email
or facsimile of the child's full name and date of birth, the full names and dates of birth of
the child's biological parents, and, if known, the full names and dates of birth of the child's
grandparents and of the child's Indian custodian. This notification must be provided deleted text begin sodeleted text end new text begin fornew text end
the Tribe deleted text begin candeleted text end new text begin tonew text end determine if the child is a member or eligible for new text begin Tribal new text end membership deleted text begin in the
Tribedeleted text end , and deleted text begin must be provideddeleted text end new text begin the agency must provide this notification to the Tribenew text end within
seven daysnew text begin of receiving information that the child may be an Indian childnew text end . If information
regarding the child's grandparents or Indian custodian is not available within the seven-day
period, the child-placing agency shall continue to request this information and shall notify
the Tribe when it is received. Notice shall be provided to all Tribes to which the child may
have any Tribal lineage.
(c) In all child placement proceedings, when a court has reason to believe that a child
placed in emergency protective care is an Indian child, the court administrator or a designee
shall, as soon as possible and before a hearing takes place, notify the Tribal social services
agency by telephone and by email or facsimile of the date, time, and location of the
emergency protective care or other initial hearing. The court shall make efforts to allow
appearances by telephone or video conference for Tribal representatives, parents, and Indian
custodians.
(d) The child-placing agency or individual petitioner shall effect service of any petition
governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt
requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least
10 days before the admit-deny hearing is held. If the identity or location of the Indian child's
parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall
provide the notice required in this paragraph to the United States Secretary of the Interior,
Bureau of Indian Affairs by certified mail, return receipt requested.
(e) A Tribe, the Indian child's parents, or the Indian custodian may request up to 20
additional days to prepare for the admit-deny hearing. The court shall allow appearances
by telephone, video conference, or other electronic medium for Tribal representatives, the
Indian child's parents, or the Indian custodian.
(f) A child-placing agency or individual petitioner must provide the notices required
under this subdivision at the earliest possible time to facilitate involvement of the Indian
child's Tribe. Nothing in this subdivision is intended to hinder the ability of the child-placing
agency, individual petitioner, and the court to respond to an emergency situation. Lack of
participation by a Tribe shall not prevent the Tribe from intervening in services and
proceedings at a later date. A Tribe may participate new text begin in a case new text end at any time. At any stage of
the child-placing agency's involvement with an Indian child, the agency shall provide full
cooperation to the Tribal social services agency, including disclosure of all data concerning
the Indian child. Nothing in this subdivision relieves the child-placing agency of satisfying
the notice requirements in state or federal law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 7.
new text begin
[260.786] CHILD WELFARE STAFF ALLOCATION FOR TRIBES.
new text end
new text begin Subdivision 1. new text end
new text begin Allocations. new text end
new text begin
The commissioner shall allocate $80,000 annually to each
of Minnesota's federally recognized Tribes that, at the beginning of the fiscal year, have not
joined the American Indian Child welfare initiative under section 256.01, subdivision 14b.
Tribes not participating in or planning to join the initiative as of July 1, 2023, are: Bois Fort
Band of Chippewa, Fond du Lac Band of Lake Superior Chippewa, Grand Portage Band
of Lake Superior Chippewa, Lower Sioux Indian Community, Prairie Island Indian
Community, and Upper Sioux Indian Community.
new text end
new text begin Subd. 2. new text end
new text begin Purposes. new text end
new text begin
Money must be used to address staffing for responding to notifications
under the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act, to
the extent necessary, or to provide other child protection and child welfare services. Money
must not be used to supplant current Tribal expenditures for these purposes.
new text end
new text begin Subd. 3. new text end
new text begin Reporting. new text end
new text begin
By June 1 each year, Tribes receiving this money shall provide a
report to the commissioner. The report shall be written in a manner prescribed by the
commissioner and must include an accounting of money spent, staff hired, job duties, and
other information as required by the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Redistribution of money. new text end
new text begin
If a Tribe joins the American Indian child welfare
initiative, the payment for that Tribe shall be distributed equally among the remaining Tribes
receiving an allocation under this section.
new text end
Sec. 8.
Minnesota Statutes 2022, section 260C.007, subdivision 14, is amended to read:
Subd. 14.
Egregious harm.
"Egregious harm" means the infliction of bodily harm to a
child or neglect of a child which demonstrates a grossly inadequate ability to provide
minimally adequate parental care. The egregious harm need not have occurred in the state
or in the county where a termination of parental rights action deleted text begin is otherwise properly venueddeleted text end new text begin
has proper venuenew text end . Egregious harm includes, but is not limited to:
(1) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes a violation of sections 609.185 to
609.2114, 609.222, subdivision 2, 609.223, or any other similar law of any other state;
(2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02,
subdivision 7a;
(3) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes felony malicious punishment of a
child under section 609.377;
(4) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes felony unreasonable restraint of a
child under section 609.255, subdivision 3;
(5) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes felony neglect or endangerment of
a child under section 609.378;
(6) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes assault under section 609.221, 609.222,
or 609.223;
(7) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutesnew text begin sex trafficking,new text end solicitation,
inducement, deleted text begin ordeleted text end promotion of, or receiving profit derived from prostitution under section
609.322;
(8) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes murder or voluntary manslaughter
as defined by United States Code, title 18, section 1111(a) or 1112(a);
(9) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes aiding or abetting, attempting,
conspiring, or soliciting to commit a murder or voluntary manslaughter that constitutes a
violation of United States Code, title 18, section 1111(a) or 1112(a); or
(10) conduct toward a child that constitutes criminal sexual conduct under sections
609.342 to 609.345 or sexual extortion under section 609.3458.
Sec. 9.
Minnesota Statutes 2022, section 260C.221, subdivision 1, is amended to read:
Subdivision 1.
Relative search requirements.
(a) The responsible social services agency
shall exercise due diligence to identify and notify adult relativesnew text begin , as defined in section
260C.007, subdivision 27,new text end and current caregivers of a child's sibling, prior to placement or
within 30 days after the child's removal from the parent, regardless of whether a child is
placed in a relative's home, as required under subdivision 2. The relative search required
by this section shall be comprehensive in scope.
(b) The relative search required by this section shall include both maternal and paternal
adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians
of the child's siblings; and any other adult relatives suggested by the child's parents, subject
to the exceptions due to family violence in subdivision 5, paragraph (b). The search shall
also include getting information from the child in an age-appropriate manner about who the
child considers to be family members and important friends with whom the child has resided
or had significant contact. The relative search required under this section must fulfill the
agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the
breakup of the Indian family under United States Code, title 25, section 1912(d), and to
meet placement preferences under United States Code, title 25, section 1915.
(c) The responsible social services agency has a continuing responsibility to search for
and identify relatives of a child and send the notice to relatives that is required under
subdivision 2, unless the court has relieved the agency of this duty under subdivision 5,
paragraph (e).
Sec. 10.
Minnesota Statutes 2022, section 260C.317, subdivision 3, is amended to read:
Subd. 3.
Order; retention of jurisdiction.
(a) A certified copy of the findings and the
order terminating parental rights, and a summary of the court's information concerning the
child shall be furnished by the court to the commissioner or the agency to which guardianship
is transferred.
(b) The orders shall be on a document separate from the findings. The court shall furnish
the guardian a copy of the order terminating parental rights.
(c) When the court orders guardianship pursuant to this section, the guardian ad litem
and counsel for the child shall continue on the case until an adoption decree is entered. An
in-court appearance hearing must be held every 90 days following termination of parental
rights for the court to review progress toward an adoptive placement and the specific
recruitment efforts the agency has taken to find an adoptive family for the child and to
finalize the adoption or other permanency plan. Review of the progress toward adoption of
a child under guardianship of the commissioner of human services shall be conducted
according to section 260C.607.
(d) Upon terminating parental rights or upon a parent's consent to adoption under
deleted text begin Minnesota Statutes 2010, section 260C.201, subdivision 11, ordeleted text end section 260C.515, subdivision
deleted text begin 5deleted text end new text begin 3new text end , resulting in an order for guardianship to the commissioner of human services, the court
shall retain jurisdiction:
(1) until the child is adopted;
(2) through the child's minority; or
(3) as long as the child continues in or reenters foster care, until the individual becomes
21 years of age according to sections 260C.193, subdivision 6, and 260C.451.
Sec. 11.
Minnesota Statutes 2022, section 260C.451, is amended by adding a subdivision
to read:
new text begin Subd. 8a. new text end
new text begin Transition planning. new text end
new text begin
(a) For a youth who will be discharged from foster care
at 21 years of age or older, the responsible social services agency must develop an individual
transition plan as directed by the youth during the 180-day period immediately prior to the
youth's expected date of discharge according to section 260C.452, subdivision 4. The youth's
individual transition plan may be shared with a contracted agency providing case management
services to the youth under section 260C.452.
new text end
new text begin
(b) As part of transition planning, the responsible social services agency must inform a
youth preparing to leave extended foster care of the youth's eligibility for the support beyond
21 program under subdivision 8b and must include that program in the individual transition
plan for the eligible youth. Consistent with section 13.46, the local social services agency
or initiative Tribe must refer a youth to the support beyond 21 program by providing the
contracted agency with the youth's contact information.
new text end
Sec. 12.
Minnesota Statutes 2022, section 260C.451, is amended by adding a subdivision
to read:
new text begin Subd. 8b. new text end
new text begin Support beyond 21 program. new text end
new text begin
(a) The commissioner shall establish the support
beyond 21 program to provide financial assistance to a youth leaving foster care to help
ensure that the youth's basic needs are met as the youth transitions into adulthood.
new text end
new text begin
(b) An individual who has left extended foster care and was discharged at the age of 21
under subdivision 3 is eligible for the support beyond 21 program.
new text end
new text begin
(c) An eligible youth receiving benefits under the support beyond 21 program is also
eligible for the successful transition to adulthood program under section 260C.452.
new text end
new text begin
(d) A youth who transitions to adult residential services under section 256B.092 or
256B.49 or a youth in a correctional facility licensed under section 241.021 is not eligible
for the support beyond 21 program.
new text end
new text begin
(e) To the extent that money is available under section 256.4792, an eligible youth who
participates in the support beyond 21 program must receive monthly financial assistance
for 12 months after the youth is discharged from extended foster care under subdivision 3.
The money is available to assist the youth in meeting basic well-being and housing needs
as determined solely by the youth. A grantee must reduce monthly payments quarterly.
Payments must be made by a grantee according to the requirements of section 256.4792.
new text end
Sec. 13.
Minnesota Statutes 2022, section 260C.704, is amended to read:
260C.704 REQUIREMENTS FOR THE QUALIFIED INDIVIDUAL'S
ASSESSMENT OF THE CHILD FOR PLACEMENT IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM.
(a) A qualified individual must complete an assessment of the child prior to the child's
placement in a qualified residential treatment program in a format approved by the
commissioner of human services unless, due to a crisis, the child must immediately be
placed in a qualified residential treatment program. When a child must immediately be
placed in a qualified residential treatment program without an assessment, the qualified
individual must complete the child's assessment within 30 days of the child's placement.
The qualified individual must:
(1) assess the child's needs and strengths, using an age-appropriate, evidence-based,
validated, functional assessment approved by the commissioner of human services;
(2) determine whether the child's needs can be met by the child's family members or
through placement in a family foster home; or, if not, determine which residential setting
would provide the child with the most effective and appropriate level of care to the child
in the least restrictive environment;
(3) develop a list of short- and long-term mental and behavioral health goals for the
child; and
(4) work with the child's family and permanency team using culturally competent
practices.
If a level of care determination was conducted under section 245.4885, that information
must be shared with the qualified individual and the juvenile treatment screening team.
(b) The child and the child's parents, when appropriate, may request that a specific
culturally competent qualified individual complete the child's assessment. The agency shall
make efforts to refer the child to the identified qualified individual to complete the
assessment. The assessment must not be delayed for a specific qualified individual to
complete the assessment.
(c) The qualified individual must provide the assessment, when complete, to the
responsible social services agency. If the assessment recommends placement of the child
in a qualified residential treatment facility, the agency must distribute the assessment to the
child's parent or legal guardian and file the assessment with the court report as required in
section 260C.71, subdivision 2. If the assessment does not recommend placement in a
qualified residential treatment facility, the agency must provide a copy of the assessment
to the parents or legal guardians and the guardian ad litem and file the assessment
determination with the court at the next required hearing as required in section 260C.71,
subdivision 5. If court rules and chapter 13 permit disclosure of the results of the child's
assessment, the agency may share the results of the child's assessment with the child's foster
care provider, other members of the child's family, and the family and permanency team.
The agency must not share the child's private medical data with the family and permanency
team unless: (1) chapter 13 permits the agency to disclose the child's private medical data
to the family and permanency team; or (2) the child's parent has authorized the agency to
disclose the child's private medical data to the family and permanency team.
(d) For an Indian child, the assessment of the child must follow the order of placement
preferences in the Indian Child Welfare Act of 1978, United States Code, title 25, section
1915.
(e) In the assessment determination, the qualified individual must specify in writing:
(1) the reasons why the child's needs cannot be met by the child's family or in a family
foster home. A shortage of family foster homes is not an acceptable reason for determining
that a family foster home cannot meet a child's needs;
(2) why the recommended placement in a qualified residential treatment program will
provide the child with the most effective and appropriate level of care to meet the child's
needs in the least restrictive environment possible and how placing the child at the treatment
program is consistent with the short-term and long-term goals of the child's permanency
plan; and
(3) if the qualified individual's placement recommendation is not the placement setting
that the parent, family and permanency team, child, or tribe prefer, the qualified individual
must identify the reasons why the qualified individual does not recommend the parent's,
family and permanency team's, child's, or tribe's placement preferences. The out-of-home
placement plan under section 260C.708 must also include reasons why the qualified
individual did not recommend the preferences of the parents, family and permanency team,
child, or tribe.
(f) If the qualified individual determines that the child's family or a family foster home
or other less restrictive placement may meet the child's needs, the agency must move the
child out of the qualified residential treatment program and transition the child to a less
restrictive setting within 30 days of the determination. If the responsible social services
agency has placement authority of the child, the agency must make a plan for the child's
placement according to section 260C.212, subdivision 2. The agency must file the child's
assessment determination with the court at the next required hearing.
(g) If the qualified individual recommends placing the child in a qualified residential
treatment program and if the responsible social services agency has placement authority of
the child, the agency shall make referrals to appropriate qualified residential treatment
programs and, upon acceptance by an appropriate program, place the child in an approved
or certified qualified residential treatment program.
new text begin
(h) The commissioner shall establish a review process for a qualified individual's
completed assessment of a child. The commissioner must develop the review process with
county and Tribal agency representatives. The review process must ensure that the qualified
individual's assessment is an independent, objective assessment that recommends the least
restrictive setting to meet the child's needs.
new text end
Sec. 14.
Minnesota Statutes 2022, section 260C.708, is amended to read:
260C.708 OUT-OF-HOME PLACEMENT PLAN FOR QUALIFIED
RESIDENTIAL TREATMENT PROGRAM PLACEMENTS.
(a) When the responsible social services agency places a child in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d, the out-of-home
placement plan must include:
(1) the case plan requirements in section 260C.212;
(2) the reasonable and good faith efforts of the responsible social services agency to
identify and include all of the individuals required to be on the child's family and permanency
team under section 260C.007;
(3) all contact information for members of the child's family and permanency team and
for other relatives who are not part of the family and permanency team;
(4) evidence that the agency scheduled meetings of the family and permanency team,
including meetings relating to the assessment required under section 260C.704, at a time
and place convenient for the family;
(5) evidence that the family and permanency team is involved in the assessment required
under section 260C.704 to determine the appropriateness of the child's placement in a
qualified residential treatment program;
(6) the family and permanency team's placement preferences for the child in the
assessment required under section 260C.704. When making a decision about the child's
placement preferences, the family and permanency team must recognize:
(i) that the agency should place a child with the child's siblings unless a court finds that
placing a child with the child's siblings is not possible due to a child's specialized placement
needs or is otherwise contrary to the child's best interests; and
(ii) that the agency should place an Indian child according to the requirements of the
Indian Child Welfare Act, the Minnesota Family Preservation Act under sections 260.751
to 260.835, and section 260C.193, subdivision 3, paragraph (g);
(7) when reunification of the child with the child's parent or legal guardian is the agency's
goal, evidence demonstrating that the parent or legal guardian provided input about the
members of the family and permanency team under section 260C.706;
(8) when the agency's permanency goal is to reunify the child with the child's parent or
legal guardian, the out-of-home placement plan must identify services and supports that
maintain the parent-child relationship and the parent's legal authority, decision-making, and
responsibility for ongoing planning for the child. In addition, the agency must assist the
parent with visiting and contacting the child;
(9) when the agency's permanency goal is to transfer permanent legal and physical
custody of the child to a proposed guardian or to finalize the child's adoption, the case plan
must document the agency's steps to transfer permanent legal and physical custody of the
child or finalize adoption, as required in section 260C.212, subdivision 1, paragraph (c),
clauses (6) and (7); and
(10) the qualified individual's recommendation regarding the child's placement in a
qualified residential treatment program and the court approval or disapproval of the placement
as required in section 260C.71.
(b) If the placement preferences of the family and permanency team, child, and tribe, if
applicable, are not consistent with the placement setting that the qualified individual
recommends, the case plan must include the reasons why the qualified individual did not
recommend following the preferences of the family and permanency team, child, and the
tribe.
(c) The agency must file the out-of-home placement plan with the court as part of the
60-day court order under section 260C.71.
new text begin
(d) The agency must provide aftercare services as defined by the federal Family First
Prevention Services Act to the child for the six months following discharge from the qualified
residential treatment program. The services may include clinical care consultation, as defined
in section 256B.0671, subdivision 7, and family and youth peer specialists under section
256B.0616.
new text end
Sec. 15.
Minnesota Statutes 2022, section 260C.80, subdivision 1, is amended to read:
Subdivision 1.
Office of the Foster Youth Ombudsperson.
The Office of the Foster
Youth Ombudsperson is hereby created. The ombudsperson serves deleted text begin at the pleasure of thedeleted text end
deleted text begin governordeleted text end in the unclassified service, must be selected without regard to political affiliation,
and must be a person highly competent and qualified to work to improve the lives of youth
in the foster care system, while understanding the administration and public policy related
to youth in the foster care system. new text begin The ombudsperson may be removed only for just cause.
new text end No person may serve as the foster youth ombudsperson while holding any other public
office. The foster youth ombudsperson is accountable to the governor and may investigate
decisions, acts, and other matters related to the health, safety, and welfare of youth in foster
care to promote the highest attainable standards of competence, efficiency, and justice for
youth who are in the care of the state.
Sec. 16.
Minnesota Statutes 2022, section 260E.01, is amended to read:
260E.01 POLICY.
deleted text begin (a)deleted text end The legislature hereby declares that the public policy of this state is to protect children
whose health or welfare may be jeopardized through maltreatment. While it is recognized
that most parents want to keep their children safe, sometimes circumstances or conditions
interfere with their ability to do so. When this occurs, the health and safety of the children
must be of paramount concern. Intervention and prevention efforts must address immediate
concerns for child safety and the ongoing risk of maltreatment and should engage the
protective capacities of families. In furtherance of this public policy, it is the intent of the
legislature under this chapter to:
(1) protect children and promote child safety;
(2) strengthen the family;
(3) make the home, school, and community safe for children by promoting responsible
child care in all settingsnew text begin , including through the reporting of child maltreatmentnew text end ; deleted text begin and
deleted text end
new text begin
(4) provide protective, family support, and family preservation services when appropriate;
and
new text end
deleted text begin (4)deleted text end new text begin (5)new text end provide, when necessary, a safe temporary or permanent home environment for
maltreated children.
deleted text begin
(b) In addition, it is the policy of this state to:
deleted text end
deleted text begin
(1) require the reporting of maltreatment of children in the home, school, and community
deleted text end
deleted text begin
settings;
deleted text end
deleted text begin
(2) provide for
deleted text end
deleted text begin
the
deleted text end
deleted text begin
voluntary reporting of maltreatment of children;
deleted text end
deleted text begin
(3) require an investigation when the report alleges sexual abuse or substantial child
deleted text end
deleted text begin
endangerment
deleted text end
deleted text begin
;
deleted text end
deleted text begin
(4) provide a family assessment, if appropriate, when the report does not allege sexual
deleted text end
deleted text begin
abuse or substantial child endangerment;
deleted text end
deleted text begin
and
deleted text end
deleted text begin
(5) provide protective, family support, and family preservation services when needed
in appropriate cases.
deleted text end
Sec. 17.
Minnesota Statutes 2022, section 260E.02, subdivision 1, is amended to read:
Subdivision 1.
Establishment of team.
A county shall establish a multidisciplinary
child protection team that may include, but new text begin is new text end not deleted text begin bedeleted text end limited to, the director of the local
welfare agency or designees, the county attorney or designees, the county sheriff or designees,
representatives of health and education, representatives of mental healthnew text begin , representatives of
agencies providing specialized services or responding to youth who experience or are at
risk of experiencing sex trafficking or sexual exploitation,new text end or other appropriate human
services or community-based agencies, and parent groups. As used in this section, a
"community-based agency" may include, but is not limited to, schools, social services
agencies, family service and mental health collaboratives, children's advocacy centers, early
childhood and family education programs, Head Start, or other agencies serving children
and families. A member of the team must be designated as the lead person of the team
responsible for the planning process to develop standards for the team's activities with
battered women's and domestic abuse programs and services.
Sec. 18.
Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision
to read:
new text begin Subd. 15a. new text end
new text begin Noncaregiver sex trafficker. new text end
new text begin
"Noncaregiver sex trafficker" means an
individual who is alleged to have engaged in the act of sex trafficking a child and who is
not a person responsible for the child's care, who does not have a significant relationship
with the child as defined in section 609.341, and who is not a person in a current or recent
position of authority as defined in section 609.341, subdivision 10.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 19.
Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision
to read:
new text begin Subd. 15b. new text end
new text begin Noncaregiver sex trafficking assessment. new text end
new text begin
"Noncaregiver sex trafficking
assessment" is a comprehensive assessment of child safety, the risk of subsequent child
maltreatment, and strengths and needs of the child and family. The local welfare agency
shall only perform a noncaregiver sex trafficking assessment when a maltreatment report
alleges sex trafficking of a child by someone other than the child's caregiver. A noncaregiver
sex trafficking assessment does not include a determination of whether child maltreatment
occurred. A noncaregiver sex trafficking assessment includes a determination of a family's
need for services to address the safety of the child or children, the safety of family members,
and the risk of subsequent child maltreatment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 20.
Minnesota Statutes 2022, section 260E.03, subdivision 22, is amended to read:
Subd. 22.
Substantial child endangerment.
"Substantial child endangerment" means
that a person responsible for a child's care, by act or omission, commits or attempts to
commit an act against a child deleted text begin under theirdeleted text end new text begin in the person'snew text end care that constitutes any of the
following:
(1) egregious harm under subdivision 5;
(2) abandonment under section 260C.301, subdivision 2;
(3) neglect under subdivision 15, paragraph (a), 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;
(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(5) manslaughter in the first or second degree under section 609.20 or 609.205;
(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(7)new text begin sex trafficking,new text end solicitation, inducement, deleted text begin anddeleted text end new text begin ornew text end promotion of prostitution under
section 609.322;
(8) criminal sexual conduct under sections 609.342 to 609.3451;
(9) sexual extortion under section 609.3458;
(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 deleted text begin that mandates thatdeleted text end new text begin requiringnew text end the county
attorneynew text begin tonew text end file a termination of parental rights petition under section 260C.503, subdivision
2.
Sec. 21.
Minnesota Statutes 2022, section 260E.14, subdivision 2, is amended to read:
Subd. 2.
Sexual abuse.
(a) The local welfare agency is the agency responsible for
investigating an allegation of sexual abuse if the alleged offender is the parent, guardian,
sibling, or an individual functioning within the family unit as a person responsible for the
child's care, or a person with a significant relationship to the child if that person resides in
the child's household.
(b) The local welfare agency is also responsible for new text begin assessing or new text end investigating when a
child is identified as a victim of sex trafficking.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 22.
Minnesota Statutes 2022, section 260E.14, subdivision 5, is amended to read:
Subd. 5.
Law enforcement.
(a) The local law enforcement agency is the agency
responsible for investigating a report of maltreatment if a violation of a criminal statute is
alleged.
(b) Law enforcement and the responsible agency must coordinate their investigations
or assessments as required under this chapter when deleted text begin thedeleted text end new text begin : (1) anew text end report alleges maltreatment
that is a violation of a criminal statute by a person who is a parent, guardian, sibling, person
responsible for the child's care deleted text begin functioningdeleted text end within the family unit, ornew text begin by anew text end person who lives
in the child's household and who has a significant relationship to the childdeleted text begin ,deleted text end in a setting other
than a facility as defined in section 260E.03new text begin ; or (2) a report alleges sex trafficking of a childnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 23.
Minnesota Statutes 2022, section 260E.17, subdivision 1, is amended to read:
Subdivision 1.
Local welfare agency.
(a) Upon receipt of a report, the local welfare
agency shall determine whether to conduct a family assessment deleted text begin ordeleted text end new text begin ,new text end an investigationnew text begin , or a
noncaregiver sex trafficking assessmentnew text end as appropriate to prevent or provide a remedy for
maltreatment.
(b) The local welfare agency shall conduct an investigation when the report involves
sexual abusenew text begin , except as indicated in paragraph (f),new text end or substantial child endangerment.
(c) The local welfare agency shall begin an immediate investigation deleted text begin if,deleted text end at any time when
the local welfare agency is deleted text begin usingdeleted text end new text begin responding withnew text end a family assessment deleted text begin response,deleted text end new text begin andnew text end the
local welfare agency determines that there is reason to believe that sexual abuse deleted text begin ordeleted text end new text begin ,new text end substantial
child endangermentnew text begin ,new text end or a serious threat to the child's safety exists.
(d) The local welfare agency may conduct a family assessment for reports that do not
allege sexual abusenew text begin , except as indicated in paragraph (f),new text end or substantial child endangerment.
In determining that a family assessment is appropriate, the local welfare agency may consider
issues of child safety, parental cooperation, and the need for an immediate response.
(e) The local welfare agency may conduct a family assessment deleted text begin ondeleted text end new text begin fornew text end a report that was
initially screened and assigned for an investigation. In determining that a complete
investigation is not required, the local welfare agency must document the reason for
terminating the investigation and notify the local law enforcement agency if the local law
enforcement agency is conducting a joint investigation.
new text begin
(f) The local welfare agency shall conduct a noncaregiver sex trafficking assessment
when a maltreatment report alleges sex trafficking of a child and the alleged offender is a
noncaregiver sex trafficker as defined by section 260E.03, subdivision 15a.
new text end
new text begin
(g) During a noncaregiver sex trafficking assessment, the local welfare agency shall
initiate an immediate investigation if there is reason to believe that a child's parent, caregiver,
or household member allegedly engaged in the act of sex trafficking a child or was alleged
to have engaged in any conduct requiring the agency to conduct an investigation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 24.
Minnesota Statutes 2022, section 260E.18, is amended to read:
260E.18 NOTICE TO CHILD'S TRIBE.
The local welfare agency shall provide immediate notice, according to section 260.761,
subdivision 2, to an Indian child's tribe when the agency has reason to believe new text begin that new text end the family
assessment deleted text begin ordeleted text end new text begin ,new text end investigationnew text begin , or noncaregiver sex trafficking assessmentnew text end may involve an
Indian child. For purposes of this section, "immediate notice" means notice provided within
24 hours.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 25.
Minnesota Statutes 2022, section 260E.20, subdivision 2, is amended to read:
Subd. 2.
Face-to-face contact.
(a) Upon receipt of a screened in report, the local welfare
agency shall deleted text begin conduct adeleted text end new text begin havenew text end face-to-face contact with the child reported to be maltreated
and with the child's primary caregiver sufficient to complete a safety assessment and ensure
the immediate safety of the child. When it is possible and the report alleges substantial child
endangerment or sexual abuse, the local welfare agency is not required to provide notice
before conducting the initial face-to-face contact with the child and the child's primary
caregiver.
(b)new text begin Except in a noncaregiver sex trafficking assessment,new text end thenew text begin local welfare agency shall
havenew text end face-to-face contact with the child and primary caregiver deleted text begin shall occurdeleted text end immediatelynew text begin after
the agency screens in a reportnew text end if sexual abuse or substantial child endangerment is alleged
and within five calendar daysnew text begin of a screened in reportnew text end for all other reports. If the alleged
offender was not already interviewed as the primary caregiver, the local welfare agency
shall also conduct a face-to-face interview with the alleged offender in the early stages of
the assessment or investigationnew text begin , except in a noncaregiver sex trafficking assessmentnew text end .
Face-to-face contact with the child and primary caregiver in response to a report alleging
sexual abuse or substantial child endangerment may be postponed for no more than five
calendar days if the child is residing in a location that is confirmed to restrict contact with
the alleged offender as established in guidelines issued by the commissioner, or if the local
welfare agency is pursuing a court order for the child's caregiver to produce the child for
questioning under section 260E.22, subdivision 5.
(c) At the initial contact with the alleged offender, the local welfare agency or the agency
responsible for assessing or investigating the report must inform the alleged offender of the
complaints or allegations made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The interview with the alleged
offender may be postponed if it would jeopardize an active law enforcement investigation.new text begin
In a noncaregiver sex trafficking assessment, the local child welfare agency is not required
to inform or interview the alleged offender.
new text end
(d) The local welfare agency or the agency responsible for assessing or investigating
the report must provide the alleged offender with an opportunity to make a statementnew text begin , except
in a noncaregiver sex trafficking assessmentnew text end . The alleged offender may submit supporting
documentation relevant to the assessment or investigation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 26.
Minnesota Statutes 2022, section 260E.24, subdivision 2, is amended to read:
Subd. 2.
Determination after family assessmentnew text begin or a noncaregiver sex trafficking
assessmentnew text end .
After conducting a family assessmentnew text begin or a noncaregiver sex trafficking
assessmentnew text end , the local welfare agency shall determine whether child protective services are
needed to address the safety of the child and other family members and the risk of subsequent
maltreatment. The local welfare agency must document the information collected under
section 260E.20, subdivision 3, related to the completed family assessment in the child's or
family's case notes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 27.
Minnesota Statutes 2022, section 260E.24, subdivision 7, is amended to read:
Subd. 7.
Notification at conclusion of family assessmentnew text begin or a noncaregiver sex
trafficking assessmentnew text end .
Within ten working days of the conclusion of a family assessmentnew text begin
or a noncaregiver sex trafficking assessmentnew text end , the local welfare agency shall notify the parent
or guardian of the child of the need for services to address child safety concerns or significant
risk of subsequent maltreatment. The local welfare agency and the family may also jointly
agree that family support and family preservation services are needed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 28.
Minnesota Statutes 2022, section 260E.33, subdivision 1, is amended to read:
Subdivision 1.
Followingnew text begin anew text end family assessmentnew text begin or a noncaregiver sex trafficking
assessmentnew text end .
Administrative reconsideration is not applicable to a family assessment new text begin or
noncaregiver sex trafficking assessment new text end since no determination concerning maltreatment
is made.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 29.
Minnesota Statutes 2022, section 260E.35, subdivision 6, is amended to read:
Subd. 6.
Data retention.
(a) Notwithstanding sections 138.163 and 138.17, a record
maintained or a record derived from a report of maltreatment by a local welfare agency,
agency responsible for assessing or investigating the report, court services agency, or school
under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible
authority.
(b) For a report alleging maltreatment that was not accepted for new text begin an new text end assessment or new text begin an
new text end investigation, a family assessment case, new text begin a noncaregiver sex trafficking assessment case, new text end and
a case where an investigation results in no determination of maltreatment or the need for
child protective services, the record must be maintained for a period of five years after the
datenew text begin thatnew text end the report was not accepted for assessment or investigation or the date of the final
entry in the case record. A record of a report that was not accepted must contain sufficient
information to identify the subjects of the report, the nature of the alleged maltreatment,
and the reasons deleted text begin as todeleted text end why the report was not accepted. Records under this paragraph may
not be used for employment, background checks, or purposes other than to assist in future
screening decisions and risk and safety assessments.
(c) All records relating to reports that, upon investigation, indicate deleted text begin eitherdeleted text end maltreatment
or a need for child protective services shall be maintained for ten years after the date of the
final entry in the case record.
(d) All records regarding a report of maltreatment, including a notification of intent to
interview that was received by a school under section 260E.22, subdivision 7, shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.
(e) Private or confidential data released to a court services agency under subdivision 3,
paragraph (d), must be destroyed by the court services agency when ordered to do so by the
local welfare agency that released the data. The local welfare agency or agency responsible
for assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 30. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; FOSTER
CARE FEDERAL CASH ASSISTANCE BENEFITS PRESERVATION.
new text end
new text begin
(a) The commissioner of human services must develop a plan to preserve and make
available the income and resources attributable to a child in foster care to meet the best
interests of the child. The plan must include recommendations on:
new text end
new text begin
(1) policies for youth and caregiver access to preserved federal cash assistance benefit
payments;
new text end
new text begin
(2) representative payees for children in voluntary foster care for treatment pursuant to
Minnesota Statutes, chapter 260D; and
new text end
new text begin
(3) family preservation and reunification.
new text end
new text begin
(b) For purposes of this section, "income and resources attributed to a child" means all
benefits from programs administered by the Social Security Administration, including but
not limited to retirement, survivors benefits, disability insurance programs, Supplemental
Security Income, veterans benefits, and railroad retirement benefits.
new text end
new text begin
(c) When developing the plan under this section, the commissioner shall consult or
engage with:
new text end
new text begin
(1) individuals or entities with experience in managing trusts and investment;
new text end
new text begin
(2) individuals or entities with expertise in providing tax advice;
new text end
new text begin
(3) individuals or entities with expertise in preserving assets to avoid any negative impact
on public assistance eligibility;
new text end
new text begin
(4) other relevant state agencies;
new text end
new text begin
(5) Tribal social services agencies;
new text end
new text begin
(6) counties;
new text end
new text begin
(7) the Children's Justice Initiative;
new text end
new text begin
(8) organizations that serve and advocate for children and families in the child protection
system;
new text end
new text begin
(9) parents, legal custodians, foster families, and kinship caregivers, to the extent possible;
new text end
new text begin
(10) youth who have been or are currently in out-of-home placement; and
new text end
new text begin
(11) other relevant stakeholders.
new text end
new text begin
(d) By December 15, 2023, each county shall provide the following data for fiscal years
2018 and 2021 to the commissioner or the commissioner's designee in a form prescribed
by the commissioner:
new text end
new text begin
(1) the nonduplicated number of children in foster care in the county who received
income and resources attributable to a child as defined in paragraph (b);
new text end
new text begin
(2) the number of children for whom the county was the representative payee for income
and resources attributable to a child;
new text end
new text begin
(3) the amount of money that the county received from income and resources attributable
to children in out-of-home placement for whom the county served as the representative
payee;
new text end
new text begin
(4) the county's policies and standards regarding collection and use of this money,
including:
new text end
new text begin
(i) how long after a child is in out-of-home placement does the county agency become
the representative payee;
new text end
new text begin
(ii) the disposition of any money that exceeds the costs for out-of-home placement for
a child;
new text end
new text begin
(iii) how the county complies with federal reporting requirements related to the use of
income and resources attributable to a child;
new text end
new text begin
(iv) whether the county uses income and resources attributable to a child for out-of-home
placement costs for other children who do not receive federal cash assistance benefit
payments; and
new text end
new text begin
(v) whether the county seeks repayment of federal income and resources attributable to
a child from the child's parents, who may have received such payments or resources while
the child is in out-of-home placement, and the ratio of requests for repayment to money
collected on an annual basis; and
new text end
new text begin
(5) other information as determined by the commissioner.
new text end
new text begin
(e) By January 15, 2025, the commissioner shall submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over human services and
child welfare outlining the plan developed under this section. The report must include a
projected timeline for implementing the plan, estimated implementation costs, and any
legislative actions that may be required to implement the plan. The report must also include
data provided by counties related to the requirements for the parent or custodian of a child
to reimburse a county for the cost of care, examination, or treatment in subdivision (f), and
a list of counties that failed to provide complete information and data to the commissioner
or the commissioner's designee as required under paragraph (d).
new text end
new text begin
(f) By December 15, 2023, every county shall provide the commissioner of human
services with the following data from fiscal years 2018 and 2021 in a form prescribed by
the commissioner:
new text end
new text begin
(1) the nonduplicated number of cases in which the county received payments from a
parent or custodian of a child to reimburse the cost of care, examination, or treatment; and
new text end
new text begin
(2) the total amount in payments that the county collected from a parent or custodian of
a child to reimburse the cost of care, examination or treatment.
new text end
new text begin
(g) The commissioner may contract with an individual or entity to collect and analyze
financial data reported by counties in paragraphs (d) and (f).
new text end
Sec. 31. new text begin DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES; CHILD
PROTECTION INFORMATION TECHNOLOGY SYSTEM REVIEW.
new text end
new text begin
(a) The commissioner of human services must contract with an independent consultant
to perform a thorough evaluation of the social services information system (SSIS) that
supports the child protection system in Minnesota. The consultant must make
recommendations for improving the current system for usability, system performance, and
federal Comprehensive Child Welfare Information System compliance, and must address
technical problems and identify any unnecessary or unduly burdensome data entry
requirements that have contributed to system capacity issues. The consultant must assist
the commissioner with selecting a platform for future development of an information
technology system for child protection.
new text end
new text begin
(b) The commissioner of human services must conduct a study and develop
recommendations to streamline and reduce SSIS data entry requirements for child protection
cases. The study must be completed in partnership with local social services agencies and
other entities, as determined by the commissioner. By June 30, 2024, the commissioner
must provide a status report to the chairs and ranking minority members of the legislative
committees with jurisdiction over child protection. The status report must include information
about the procedures used for soliciting ongoing user input from stakeholders, progress
made on soliciting and hiring a consultant to conduct the system evaluation required under
paragraph (a), and a report on progress and completed efforts to streamline data entry
requirements and improve user experiences.
new text end
Sec. 32. new text begin DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
SURVEY OF OUT-OF-STATE CHILDREN'S RESIDENTIAL FACILITY
PLACEMENTS.
new text end
new text begin
(a) By September 1, 2023, the commissioner of human services shall develop and make
available a survey of all county social services agencies, to gather the following data for
fiscal years 2018 to 2022:
new text end
new text begin
(1) the aggregate number of children who were placed for any period in a children's
residential facility under Minnesota Statutes, section 260.93, that is located in another state;
and
new text end
new text begin
(2) the total cost for these placements, including county, state, and federal contributions.
new text end
new text begin
(b) All county social services agencies shall complete the survey and submit responses
as prescribed by the commissioner, by January 31, 2024.
new text end
new text begin
(c) By March 1, 2024, the commissioner shall submit all survey responses and a list of
counties that complied and failed to comply with the requirements under this section to the
chairs and ranking minority members of the legislative committees with jurisdiction over
human services and child protection.
new text end
Sec. 33.
new text begin
INDEPENDENT LIVING SKILLS FOR FOSTER YOUTH GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Program established. new text end
new text begin
The commissioner shall establish direct grants to
local social service agencies, Tribes, and other organizations to provide independent living
services to eligible foster youth as described under Minnesota Statutes, section 260C.452.
new text end
new text begin Subd. 2. new text end
new text begin Grant awards. new text end
new text begin
The commissioner shall request proposals and make grants to
eligible applicants. The commissioner shall determine the timing and form of the application
and the criteria for making grant awards to eligible applicants.
new text end
new text begin Subd. 3. new text end
new text begin Program reporting. new text end
new text begin
Grant recipients shall provide the commissioner with a
report that describes all of the activities and outcomes of services funded by the grant
program in a format and at a time determined by the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Undistributed funds. new text end
new text begin
Undistributed funds must be reallocated by the
commissioner for the goals of the grant program. Undistributed funds are available until
expended.
new text end
Sec. 34.
new text begin
INFORMAL KINSHIP CAREGIVER SUPPORT GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The informal caregiver support grant program is
established in the Department of Human Services for an eligible community-based nonprofit
organization to provide informal kinship caregivers, not restricted to familial status, with
connection to local and statewide resources and support that reduces the need for child
welfare involvement or risk of child welfare involvement.
new text end
new text begin Subd. 2. new text end
new text begin Eligible grantees. new text end
new text begin
Eligible grantees are community-based nonprofit
organizations with a demonstrated history of kinship caregiver support, ability to increase
capacity of caregivers served, and ability to serve racially and geographically diverse
populations. Grantees shall be capable of developing informal kinship caregiver support in
alignment with a consistent set of replicable standards.
new text end
new text begin Subd. 3. new text end
new text begin Allowable uses of funds. new text end
new text begin
Eligible grantees must use funds to assess informal
kinship caregiver and child needs, provide connection to local and statewide resources,
provide case management to assist with complex cases, and provide supports to reduce the
need for child welfare involvement or risk of child welfare involvement.
new text end
Sec. 35. new text begin COMMUNITY RESOURCE CENTERS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following definitions
apply.
new text end
new text begin
(b) "Commissioner" means the commissioner of human services or the commissioner's
designee.
new text end
new text begin
(c) "Communities and families who lack opportunities" means any community or family
that experiences inequities in accessing supports and services due to the community's or
family's circumstances, including but not limited to racism, income, disability, language,
gender, and geography.
new text end
new text begin
(d) "Community resource center" means a community-based coordinated point of entry
that provides culturally responsive, relationship-based service navigation and other supportive
services for expecting and parenting families and youth.
new text end
new text begin
(e) "Culturally responsive, relationship-based service navigation" means the aiding of
families in finding services and supports that are meaningful to them in ways that are built
on trust and that use cultural values, beliefs, and practices of families, communities,
indigenous families, and Tribal Nations for case planning, service design, and
decision-making processes.
new text end
new text begin
(f) "Expecting and parenting family" means any configuration of parents, grandparents,
guardians, foster parents, kinship caregivers, and youth who are pregnant or expecting or
have children and youth they care for and support.
new text end
new text begin
(g) "Protective factors" means conditions, attributes, or strengths of individuals, families,
and communities, and in society that mitigate risk, promote the healthy development and
well-being of children, youth, and families, and help support families.
new text end
new text begin Subd. 2. new text end
new text begin Community resource centers established. new text end
new text begin
The commissioner, in consultation
with other state agencies, partners, and the Community Resource Center Advisory Council,
may award grants to support planning, implementation, and evaluation of community
resource centers to provide culturally responsive, relationship-based service navigation,
parent, family, and caregiver supports to expecting and parenting families with a focus on
ensuring equitable access to programs and services that promote protective factors and
support children and families.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner's duties; related infrastructure. new text end
new text begin
The commissioner, in
consultation with the Community Resource Center Advisory Council, shall:
new text end
new text begin
(1) develop a request for proposals to support community resource centers;
new text end
new text begin
(2) provide outreach and technical assistance to support applicants with data or other
matters pertaining to equity of access to funding;
new text end
new text begin
(3) provide technical assistance to grantees, including but not limited to skill building
and professional development, trainings, evaluations, communities of practice, networking,
and trauma informed mental health consultation;
new text end
new text begin
(4) provide data collection and IT support; and
new text end
new text begin
(5) provide grant coordination and management focused on promoting equity and
accountability.
new text end
new text begin Subd. 4. new text end
new text begin Grantee duties. new text end
new text begin
At a minimum, grantees shall:
new text end
new text begin
(1) provide culturally responsive, relationship-based service navigation and supports for
expecting and parenting families;
new text end
new text begin
(2) improve community engagement and feedback gathering to support continuous
improvement and program planning to better promote protective factors;
new text end
new text begin
(3) demonstrate community-based planning with multiple partners;
new text end
new text begin
(4) develop or use an existing parent and family advisory council consisting of community
members with lived expertise to advise the work of the grantee; and
new text end
new text begin
(5) participate in program evaluation, data collection, and technical assistance activities.
new text end
new text begin Subd. 5. new text end
new text begin Eligibility. new text end
new text begin
Organizations eligible to receive grant funding under this section
include:
new text end
new text begin
(1) community-based organizations, Tribal Nations, urban Indian organizations, local
and county government agencies, schools, nonprofit agencies or any cooperative of these
organizations; and
new text end
new text begin
(2) organizations or cooperatives supporting communities and families who lack
opportunities.
new text end
new text begin Subd. 6. new text end
new text begin
Community Resource Center Advisory Council; establishment and
duties.
new text end
new text begin
(a) The commissioner, in consultation with other relevant state agencies, shall appoint
members to the Community Resource Center Advisory Council.
new text end
new text begin
(b) Membership must be demographically and geographically diverse and include:
new text end
new text begin
(1) parents and family members with lived experience who lack opportunities;
new text end
new text begin
(2) community-based organizations serving families who lack opportunities;
new text end
new text begin
(3) Tribal and urban American Indian representatives;
new text end
new text begin
(4) county government representatives;
new text end
new text begin
(5) school and school district representatives; and
new text end
new text begin
(6) state partner representatives.
new text end
new text begin
(c) Duties of the Community Resource Center Advisory Council include but are not
limited to:
new text end
new text begin
(1) advising the commissioner on the development and funding of a network of
community resource centers;
new text end
new text begin
(2) advising the commissioner on the development of requests for proposals and grant
award processes;
new text end
new text begin
(3) advising the commissioner on the development of program outcomes and
accountability measures; and
new text end
new text begin
(4) advising the commissioner on ongoing governance and necessary support in the
implementation of community resource centers.
new text end
new text begin Subd. 7. new text end
new text begin Grantee reporting. new text end
new text begin
Grantees must report program data and outcomes to the
commissioner in a manner determined by the commissioner and the Community Resource
Center Advisory Council.
new text end
new text begin Subd. 8. new text end
new text begin Evaluation. new text end
new text begin
The commissioner, in partnership with the Community Resource
Center Advisory Council, shall develop an outcome and evaluation plan. By July 1, 2025,
the Community Resource Center Advisory Council must provide a report to the commissioner
and the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services that reflects the duties of the Community Resource Center
Advisory Council in subdivision 6 and may describe outcomes and impacts related to equity,
community partnerships, program and service availability, child development, family
well-being, and child welfare system involvement.
new text end
ARTICLE 3
CHILD SUPPORT
Section 1.
Minnesota Statutes 2022, section 518A.31, is amended to read:
518A.31 SOCIAL SECURITY OR VETERANS' BENEFIT PAYMENTS
RECEIVED ON BEHALF OF THE CHILD.
(a) The amount of the monthly Social Security benefits or apportioned veterans' benefits
provided for a joint child shall be included in the gross income of the parent on whose
eligibility the benefits are based.
(b) The amount of the monthly survivors' and dependents' educational assistance provided
for a joint child shall be included in the gross income of the parent on whose eligibility the
benefits are based.
(c) If Social Security or apportioned veterans' benefits are provided for a joint child
based on the eligibility of the obligor, and are received by the obligee as a representative
payee for the child or by the child attending school, then the amount of the benefits shall
also be subtracted from the obligor's net child support obligation as calculated pursuant to
section 518A.34.
(d) If the survivors' and dependents' educational assistance is provided for a joint child
based on the eligibility of the obligor, and is received by the obligee as a representative
payee for the child or by the child attending school, then the amount of the assistance shall
also be subtracted from the obligor's net child support obligation as calculated under section
518A.34.
new text begin
(e) Upon a motion to modify child support, any regular or lump sum payment of Social
Security or apportioned veterans' benefit received by the obligee for the benefit of the joint
child based upon the obligor's disability prior to filing the motion to modify may be used
to satisfy arrears that remain due for the period of time for which the benefit was received.
This paragraph applies only if the derivative benefit was not considered in the guidelines
calculation of the previous child support order.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2022, section 518A.32, subdivision 3, is amended to read:
Subd. 3.
Parent not considered voluntarily unemployed, underemployed, or employed
on a less than full-time basis.
A parent is not considered voluntarily unemployed,
underemployed, or employed on a less than full-time basis upon a showing by the parent
that:
(1) the unemployment, underemployment, or employment on a less than full-time basis
is temporary and will ultimately lead to an increase in income;
(2) the unemployment, underemployment, or employment on a less than full-time basis
represents a bona fide career change that outweighs the adverse effect of that parent's
diminished income on the child; deleted text begin or
deleted text end
(3) the unemployment, underemployment, or employment on a less than full-time basis
is because a parent is physically or mentally incapacitated or due to incarcerationdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) a governmental agency authorized to determine eligibility for general assistance or
supplemental Social Security income has determined that the individual is eligible to receive
general assistance or supplemental Social Security income. Actual income earned by the
parent may be considered for the purpose of calculating child support.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 3.
Minnesota Statutes 2022, section 518A.32, subdivision 4, is amended to read:
Subd. 4.
TANF new text begin or MFIP new text end recipient.
If the parent of a joint child is a recipient of a
temporary assistance to a needy family (TANF) cash grantdeleted text begin ,deleted text end new text begin or comparable state-funded
Minnesota family investment program (MFIP) benefits,new text end no potential income is to be imputed
to that parent.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 4.
Minnesota Statutes 2022, section 518A.34, is amended to read:
518A.34 COMPUTATION OF CHILD SUPPORT OBLIGATIONS.
(a) To determine the presumptive child support obligation of a parent, the court shall
follow the procedure set forth in this section.
(b) To determine the obligor's basic support obligation, the court shall:
(1) determine the gross income of each parent under section 518A.29;
(2) calculate the parental income for determining child support (PICS) of each parent,
by subtracting from the gross income the credit, if any, for each parent's nonjoint children
under section 518A.33;
(3) determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;
(4) determine the combined basic support obligation by application of the guidelines in
section 518A.35;
(5) determine each parent's share of the combined basic support obligation by multiplying
the percentage figure from clause (3) by the combined basic support obligation in clause
(4); and
(6) apply the parenting expense adjustment formula provided in section 518A.36 to
determine the obligor's basic support obligation.
(c) If the parents have split custody of joint children, child support must be calculated
for each joint child as follows:
(1) the court shall determine each parent's basic support obligation under paragraph (b)
and include the amount of each parent's obligation in the court order. If the basic support
calculation results in each parent owing support to the other, the court shall offset the higher
basic support obligation with the lower basic support obligation to determine the amount
to be paid by the parent with the higher obligation to the parent with the lower obligation.
For the purpose of the cost-of-living adjustment required under section 518A.75, the
adjustment must be based on each parent's basic support obligation prior to offset. For the
purposes of this paragraph, "split custody" means that there are two or more joint children
and each parent has at least one joint child more than 50 percent of the time;
(2) if each parent pays all child care expenses for at least one joint child, the court shall
calculate child care support for each joint child as provided in section 518A.40. The court
shall determine each parent's child care support obligation and include the amount of each
parent's obligation in the court order. If the child care support calculation results in each
parent owing support to the other, the court shall offset the higher child care support
obligation with the lower child care support obligation to determine the amount to be paid
by the parent with the higher obligation to the parent with the lower obligation; and
(3) if each parent pays all medical or dental insurance expenses for at least one joint
child, medical support shall be calculated for each joint child as provided in section 518A.41.
The court shall determine each parent's medical support obligation and include the amount
of each parent's obligation in the court order. If the medical support calculation results in
each parent owing support to the other, the court shall offset the higher medical support
obligation with the lower medical support obligation to determine the amount to be paid by
the parent with the higher obligation to the parent with the lower obligation. Unreimbursed
and uninsured medical expenses are not included in the presumptive amount of support
owed by a parent and are calculated and collected as provided in section 518A.41.
(d) The court shall determine the child care support obligation for the obligor as provided
in section 518A.40.
(e) The court shall determine the medical support obligation for each parent as provided
in section 518A.41. Unreimbursed and uninsured medical expenses are not included in the
presumptive amount of support owed by a parent and are calculated and collected as described
in section 518A.41.
(f) The court shall determine each parent's total child support obligation by adding
together each parent's basic support, child care support, and health care coverage obligations
as provided in this section.
(g) If Social Security benefits or veterans' benefits are received by one parent as a
representative payee for a joint child based on the other parent's eligibility, the court shall
subtract the amount of benefits from the other parent's net child support obligation, if any.new text begin
Any benefit received by the obligee for the benefit of the joint child based upon the obligor's
disability or past earnings in any given month in excess of the child support obligation must
not be treated as an arrearage payment or a future payment.
new text end
(h) The final child support order shall separately designate the amount owed for basic
support, child care support, and medical support. If applicable, the court shall use the
self-support adjustment and minimum support adjustment under section 518A.42 to determine
the obligor's child support obligation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 5.
Minnesota Statutes 2022, section 518A.41, is amended to read:
518A.41 MEDICAL SUPPORT.
Subdivision 1.
Definitions.
The definitions in this subdivision apply to this chapter and
chapter 518.
(a) "Health care coverage" means deleted text begin medical, dental, or other health care benefits that are
provided by one or more health plans. Health care coverage does not include any form of
public coveragedeleted text end new text begin private health care coverage, including fee for service, health maintenance
organization, preferred provider organization, and other types of private health care coverage.
Health care coverage also means public health care coverage under which medical or dental
services could be provided to a dependent childnew text end .
deleted text begin
(b) "Health carrier" means a carrier as defined in sections 62A.011, subdivision 2, and
62L.02, subdivision 16.
deleted text end
deleted text begin (c) "Health plan"deleted text end new text begin (b) "Private health care coverage"new text end means a new text begin health new text end plandeleted text begin , other than any
form of public coverage,deleted text end that provides medical, dental, or other health care benefits and is:
(1) provided on an individual or group basis;
(2) provided by an employer or union;
(3) purchased in the private market; deleted text begin or
deleted text end
new text begin
(4) provided through MinnesotaCare under chapter 256L; or
new text end
deleted text begin (4)deleted text end new text begin (5)new text end available to a person eligible to carry insurance for the joint child, including a
party's spouse or parent.
deleted text begin Health plandeleted text end new text begin Private health care coveragenew text end includes, but is not limited to, a new text begin health new text end plan meeting
the definition under section 62A.011, subdivision 3, except that the exclusion of coverage
designed solely to provide dental or vision care under section 62A.011, subdivision 3, clause
(6), does not apply to the definition of deleted text begin health plandeleted text end new text begin private health care coveragenew text end under this
section; a group health plan governed under the federal Employee Retirement Income
Security Act of 1974 (ERISA); a self-insured plan under sections 43A.23 to 43A.317 and
471.617; and a policy, contract, or certificate issued by a community-integrated service
network licensed under chapter 62N.
new text begin
(c) "Public health care coverage" means health care benefits provided by any form of
medical assistance under chapter 256B. Public health care coverage does not include
MinnesotaCare or health plans subsidized by federal premium tax credits or federal
cost-sharing reductions.
new text end
(d) "Medical support" means providing health care coverage for a joint child deleted text begin by carrying
health care coverage for the joint child ordeleted text end by contributing to the cost of health care coverage,deleted text begin
public coverage,deleted text end unreimbursed deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses, and uninsured deleted text begin medicaldeleted text end new text begin
health-relatednew text end expenses of the joint child.
(e) "National medical support notice" means an administrative notice issued by the public
authority to enforce health insurance provisions of a support order in accordance with Code
of Federal Regulations, title 45, section 303.32, in cases where the public authority provides
support enforcement services.
deleted text begin
(f) "Public coverage" means health care benefits provided by any form of medical
assistance under chapter 256B. Public coverage does not include MinnesotaCare or health
plans subsidized by federal premium tax credits or federal cost-sharing reductions.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end "Uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses" means a joint child's reasonable and
necessary deleted text begin health-relateddeleted text end new text begin medical and dentalnew text end expenses if the joint child is not covered by deleted text begin a
health plan or public coveragedeleted text end new text begin private health insurance carenew text end when the expenses are incurred.
deleted text begin (h)deleted text end new text begin (g)new text end "Unreimbursed deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses" means a joint child's reasonable
and necessary deleted text begin health-relateddeleted text end new text begin medical and dentalnew text end expenses if a joint child is covered by deleted text begin a
health plan or public coveragedeleted text end new text begin health care coveragenew text end and deleted text begin the plan ordeleted text end new text begin health carenew text end coverage
does not pay for the total cost of the expenses when the expenses are incurred. Unreimbursed
deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses do not include the cost of premiums. Unreimbursed deleted text begin medicaldeleted text end new text begin
health-relatednew text end expenses include, but are not limited to, deductibles, co-payments, and
expenses for orthodontia, and prescription eyeglasses and contact lenses, but not
over-the-counter medications if deleted text begin coverage is under a health plandeleted text end new text begin provided through health
care coveragenew text end .
Subd. 2.
Order.
(a) A completed national medical support notice issued by the public
authority or a court order that complies with this section is a qualified medical child support
order under the federal Employee Retirement Income Security Act of 1974 (ERISA), United
States Code, title 29, section 1169(a).
(b) Every order addressing child support must state:
(1) the names, last known addresses, and Social Security numbers of the parents and the
joint child that is a subject of the order unless the court prohibits the inclusion of an address
or Social Security number and orders the parents to provide the address and Social Security
number to the administrator of the health plan;
(2) deleted text begin if a joint child is not presently enrolled in health care coverage,deleted text end whether appropriate
health care coverage for the joint child is available and, if so, state:
(i) the parents' responsibilities for carrying health care coverage;
(ii) the cost of premiums and how the cost is allocated between the parents; deleted text begin and
deleted text end
(iii) the circumstances, if any, under which an obligation to provide new text begin private new text end health care
coverage for the joint child will shift from one parent to the other;new text begin and
new text end
deleted text begin (3) if appropriate health care coverage is not available for the joint child,deleted text end new text begin (iv)new text end whether
a contribution for deleted text begin medical supportdeleted text end new text begin public health care coveragenew text end is required; and
deleted text begin (4)deleted text end new text begin (3)new text end how unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses will be allocated
between the parents.
Subd. 3.
Determining appropriate health care coverage.
new text begin Public health care coverage
is presumed appropriate.new text end In determining whether a parent has appropriate new text begin private new text end health
care coverage for the joint child, the court must consider the following factors:
(1) comprehensiveness of new text begin private new text end health care coverage providing medical benefits.
Dependent new text begin private new text end health care coverage providing medical benefits is presumed
comprehensive if it includes medical and hospital coverage and provides for preventive,
emergency, acute, and chronic care; or if it meets the minimum essential coverage definition
in United States Code, title 26, section 5000A(f). If both parents have new text begin private new text end health care
coverage providing medical benefits that is presumed comprehensive under this paragraph,
the court must determine which parent's new text begin private health care new text end coverage is more comprehensive
by considering what other benefits are included in the new text begin private health care new text end coverage;
(2) accessibility. Dependent new text begin private new text end health care coverage is accessible if the covered
joint child can obtain services from a health plan provider with reasonable effort by the
parent with whom the joint child resides. new text begin Private new text end health care coverage is presumed accessible
if:
(i) primary care is available within 30 minutes or 30 miles of the joint child's residence
and specialty care is available within 60 minutes or 60 miles of the joint child's residence;
(ii) the new text begin private new text end health care coverage is available through an employer and the employee
can be expected to remain employed for a reasonable amount of time; and
(iii) no preexisting conditions exist to unduly delay enrollment in new text begin private new text end health care
coverage;
(3) the joint child's special medical needs, if any; and
(4) affordability. Dependent new text begin private new text end health care coverage is new text begin presumed new text end affordable if deleted text begin it is
reasonable in cost. If both parents have health care coverage available for a joint child that
is comparable with regard to comprehensiveness of medical benefits, accessibility, and the
joint child's special needs, the least costly health care coverage is presumed to be the most
appropriate health care coverage for the joint childdeleted text end new text begin the premium to cover the marginal cost
of the joint child does not exceed five percent of the parents' combined monthly PICS. A
court may additionally consider high deductibles and the cost to enroll the parent if the
parent must enroll themselves in private health care coverage to access private health care
coverage for the childnew text end .
Subd. 4.
Ordering health care coverage.
deleted text begin
(a) If a joint child is presently enrolled in
health care coverage, the court must order that the parent who currently has the joint child
enrolled continue that enrollment unless the parties agree otherwise or a party requests a
change in coverage and the court determines that other health care coverage is more
appropriate.
deleted text end
deleted text begin
(b) If a joint child is not presently enrolled in health care coverage providing medical
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate health care coverage providing medical benefits for
the joint child.
deleted text end
new text begin
(a) If a joint child is presently enrolled in health care coverage, the court shall order that
the parent who currently has the joint child enrolled in health care coverage continue that
enrollment if the health care coverage is appropriate as defined under subdivision 3.
new text end
deleted text begin (c)deleted text end new text begin (b)new text end If only one parent has appropriate health care coverage providing medical benefits
available, the court must order that parent to carry the coverage for the joint child.
deleted text begin (d)deleted text end new text begin (c)new text end If both parents have appropriate health care coverage providing medical benefits
available, the court must order the parent with whom the joint child resides to carry the
new text begin health care new text end coverage for the joint child, unless:
(1) a party expresses a preference fornew text begin privatenew text end health care coverage providing medical
benefits available through the parent with whom the joint child does not reside;
(2) the parent with whom the joint child does not reside is already carrying dependent
new text begin private new text end health care coverage providing medical benefits for other children and the cost of
contributing to the premiums of the other parent's new text begin health care new text end coverage would cause the
parent with whom the joint child does not reside extreme hardship; or
(3) the parties agree as to which parent will carry health care coverage providing medical
benefits and agree on the allocation of costs.
deleted text begin (e)deleted text end new text begin (d)new text end If the exception in paragraph deleted text begin (d)deleted text end new text begin (c)new text end , clause (1) or (2), applies, the court must
determine which parent has the most appropriate new text begin health care new text end coverage providing medical
benefits available and order that parent to carry new text begin health care new text end coverage for the joint child.
deleted text begin (f)deleted text end new text begin (e)new text end If neither parent has appropriate health care coverage available, the court must
order the parents todeleted text begin :
deleted text end
deleted text begin (1)deleted text end contribute toward the actual health care costs of the joint children based on a pro
rata sharedeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(2) if the joint child is receiving any form of public coverage, the parent with whom the
joint child does not reside shall contribute a monthly amount toward the actual cost of public
coverage. The amount of the noncustodial parent's contribution is determined by applying
the noncustodial parent's PICS to the premium scale for MinnesotaCare under section
256L.15, subdivision 2, paragraph (d). If the noncustodial parent's PICS meets the eligibility
requirements for MinnesotaCare, the contribution is the amount the noncustodial parent
would pay for the child's premium. If the noncustodial parent's PICS exceeds the eligibility
requirements, the contribution is the amount of the premium for the highest eligible income
on the premium scale for MinnesotaCare under section 256L.15, subdivision 2, paragraph
(d). For purposes of determining the premium amount, the noncustodial parent's household
size is equal to one parent plus the child or children who are the subject of the child support
order. The custodial parent's obligation is determined under the requirements for public
coverage as set forth in chapter 256B; or
deleted text end
deleted text begin
(3) if the noncustodial parent's PICS meet the eligibility requirement for public coverage
under chapter 256B or the noncustodial parent receives public assistance, the noncustodial
parent must not be ordered to contribute toward the cost of public coverage.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end If neither parent has appropriate health care coverage available, the court may
order the parent with whom the child resides to apply for publicnew text begin health carenew text end coverage for
the child.
deleted text begin
(h) The commissioner of human services must publish a table with the premium schedule
for public coverage and update the chart for changes to the schedule by July 1 of each year.
deleted text end
deleted text begin (i)deleted text end new text begin (g)new text end If a joint child is not presently enrolled in new text begin private new text end health care coverage providing
dental benefits, upon motion of a parent or the public authority, the court must determine
whether one or both parents have appropriate deleted text begin dentaldeleted text end new text begin private new text end health care coverage new text begin providing
dental benefits new text end for the joint child, and the court may order a parent with appropriate deleted text begin dentaldeleted text end new text begin
privatenew text end health care coverage new text begin providing dental benefits new text end available to carry the new text begin health care
new text end coverage for the joint child.
deleted text begin (j)deleted text end new text begin (h)new text end If a joint child is not presently enrolled in available new text begin private new text end health care coverage
providing benefits other than medical benefits or dental benefits, upon motion of a parent
or the public authority, the court may determine whether deleted text begin that otherdeleted text end new text begin privatenew text end health care
coverage new text begin providing other health benefits new text end for the joint child is appropriate, and the court may
order a parent with that appropriate new text begin private new text end health care coverage available to carry the
coverage for the joint child.
Subd. 5.
Medical support costs; unreimbursed and uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end
expenses.
(a) Unless otherwise agreed to by the parties and approved by the court, the court
must order that the cost of new text begin private new text end health care coverage and all unreimbursed and uninsured
deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses deleted text begin under the health plandeleted text end be divided between the obligor and
obligee based on their proportionate share of the parties' combined monthly PICS. The
amount allocated for medical support is considered child support but is not subject to a
cost-of-living adjustment under section 518A.75.
(b) If a party owes a deleted text begin joint childdeleted text end new text begin basicnew text end support obligation for a new text begin joint new text end child and is ordered
to carry new text begin private new text end health care coverage for the joint child, and the other party is ordered to
contribute to the carrying party's cost for coverage, the carrying party's deleted text begin childdeleted text end new text begin basicnew text end support
payment must be reduced by the amount of the contributing party's contribution.
(c) If a party owes a deleted text begin joint childdeleted text end new text begin basic new text end support obligation for a new text begin joint new text end child and is ordered
to contribute to the other party's cost for carrying new text begin private new text end health care coverage for the joint
child, the contributing party's child support payment must be increased by the amount of
the contribution.new text begin The contribution toward private health care coverage must not be charged
in any month in which the party ordered to carry private health care coverage fails to maintain
private coverage.
new text end
(d) If the party ordered to carry new text begin private new text end health care coverage for the joint child already
carries dependent new text begin private new text end health care coverage for other dependents and would incur no
additional premium costs to add the joint child to the existing new text begin health care new text end coverage, the court
must not order the other party to contribute to the premium costs for new text begin health care new text end coverage
of the joint child.
(e) If a party ordered to carrynew text begin privatenew text end health care coverage for the joint child does not
already carry dependent new text begin private new text end health care coverage but has other dependents who may be
added to the ordered new text begin health care new text end coverage, the full premium costs of the dependent new text begin private
new text end health care coverage must be allocated between the parties in proportion to the party's share
of the parties' combined new text begin monthly new text end PICS, unless the parties agree otherwise.
(f) If a party ordered to carry new text begin private new text end health care coverage for the joint child is required
to enroll in a health plan so that the joint child can be enrolled in dependent new text begin private new text end health
care coverage under the plan, the court must allocate the costs of the dependent new text begin private
new text end health care coverage between the parties. The costs of thenew text begin privatenew text end health care coverage for
the party ordered to carry the new text begin health care new text end coverage for the joint child must not be allocated
between the parties.
new text begin
(g) If the joint child is receiving any form of public health care coverage:
new text end
new text begin
(1) the parent with whom the joint child does not reside shall contribute a monthly
amount toward the actual cost of public health care coverage. The amount of the noncustodial
parent's contribution is determined by applying the noncustodial parent's PICS to the premium
scale for MinnesotaCare under section 256L.15, subdivision 2, paragraph (d). If the
noncustodial parent's PICS meets the eligibility requirements for MinnesotaCare, the
contribution is the amount that the noncustodial parent would pay for the child's premium;
new text end
new text begin
(2) if the noncustodial parent's PICS exceeds the eligibility requirements, the contribution
is the amount of the premium for the highest eligible income on the premium scale for
MinnesotaCare under section 256L.15, subdivision 2, paragraph (d). For purposes of
determining the premium amount, the noncustodial parent's household size is equal to one
parent plus the child or children who are the subject of the order;
new text end
new text begin
(3) the custodial parent's obligation is determined under the requirements for public
health care coverage in chapter 256B; or
new text end
new text begin
(4) if the noncustodial parent's PICS is less than 200 percent of the federal poverty
guidelines for one person or the noncustodial parent receives public assistance, the
noncustodial parent must not be ordered to contribute toward the cost of public health care
coverage.
new text end
new text begin
(h) The commissioner of human services must publish a table for section 256L.15,
subdivision 2, paragraph (d), and update the table with changes to the schedule by July 1
of each year.
new text end
Subd. 6.
Notice or court order sent to party's employer, union, or health carrier.
(a)
The public authority must forward a copy of the national medical support notice or court
order for new text begin private new text end health care coverage to the party's employer within two business days after
the date the party is entered into the work reporting system under section 256.998.
(b) The public authority or a party seeking to enforce an order for new text begin private new text end health care
coverage must forward a copy of the national medical support notice or court order to the
obligor's employer or union, or to the health carrier under the following circumstances:
(1) the party ordered to carry new text begin private new text end health care coverage for the joint child fails to
provide written proof to the other party or the public authority, within 30 days of the effective
date of the court order, that the party has applied for new text begin private new text end health care coverage for the
joint child;
(2) the party seeking to enforce the order or the public authority gives written notice to
the party ordered to carry new text begin private new text end health care coverage for the joint child of its intent to
enforce medical support. The party seeking to enforce the order or public authority must
mail the written notice to the last known address of the party ordered to carry new text begin private new text end health
care coverage for the joint child; and
(3) the party ordered to carry new text begin private new text end health care coverage for the joint child fails, within
15 days after the date on which the written notice under clause (2) was mailed, to provide
written proof to the other party or the public authority that the party has applied for new text begin private
new text end health care coverage for the joint child.
(c) The public authority is not required to forward a copy of the national medical support
notice or court order to the obligor's employer or union, or to the health carrier, if the court
orders new text begin private new text end health care coverage for the joint child that is not employer-based or
union-based coverage.
Subd. 7.
Employer or union requirements.
(a) An employer or union must forward
the national medical support notice or court order to its health plan within 20 business days
after the date on the national medical support notice or after receipt of the court order.
(b) Upon determination by an employer's or union's health plan administrator that a joint
child is eligible to be covered under the health plan, the employer or union and health plan
must enroll the joint child as a beneficiary in the health plan, and the employer must withhold
any required premiums from the income or wages of the party ordered to carry health care
coverage for the joint child.
(c) If enrollment of the party ordered to carry new text begin private new text end health care coverage for a joint
child is necessary to obtain dependent new text begin private new text end health care coverage under the plan, and the
party is not enrolled in the health plan, the employer or union must enroll the party in the
plan.
(d) Enrollment of dependents and, if necessary, the party ordered to carry new text begin private new text end health
care coverage for the joint child must be immediate and not dependent upon open enrollment
periods. Enrollment is not subject to the underwriting policies under section 62A.048.
(e) Failure of the party ordered to carry new text begin private new text end health care coverage for the joint child
to execute any documents necessary to enroll the dependent in the health plan does not
affect the obligation of the employer or union and health plan to enroll the dependent in a
plan. Information and authorization provided by the public authority, or by a party or
guardian, is valid for the purposes of meeting enrollment requirements of the health plan.
(f) An employer or union that is included under the federal Employee Retirement Income
Security Act of 1974 (ERISA), United States Code, title 29, section 1169(a), may not deny
enrollment to the joint child or to the parent if necessary to enroll the joint child based on
exclusionary clauses described in section 62A.048.
(g) A new employer or union of a party who is ordered to provide new text begin private new text end health care
coverage for a joint child must enroll the joint child in the party's health plan as required
by a national medical support notice or court order.
Subd. 8.
Health plan requirements.
(a) If a health plan administrator receives a
completed national medical support notice or court order, the plan administrator must notify
the parties, and the public authority if the public authority provides support enforcement
services, within 40 business days after the date of the notice or after receipt of the court
order, of the following:
(1) whether new text begin health care new text end coverage is available to the joint child under the terms of the
health plan and, if not, the reason why new text begin health care new text end coverage is not available;
(2) whether the joint child is covered under the health plan;
(3) the effective date of the joint child's coverage under the health plan; and
(4) what steps, if any, are required to effectuate the joint child's coverage under the health
plan.
(b) If the employer or union offers more than one plan and the national medical support
notice or court order does not specify the plan to be carried, the plan administrator must
notify the parents and the public authority if the public authority provides support
enforcement services. When there is more than one option available under the plan, the
public authority, in consultation with the parent with whom the joint child resides, must
promptly select from available plan options.
(c) The plan administrator must provide the parents and public authority, if the public
authority provides support enforcement services, with a notice of the joint child's enrollment,
description of the new text begin health care new text end coverage, and any documents necessary to effectuate coverage.
(d) The health plan must send copies of all correspondence regarding the new text begin private new text end health
care coverage to the parents.
(e) An insured joint child's parent's signature is a valid authorization to a health plan for
purposes of processing an insurance reimbursement payment to the medical services provider
or to the parent, if medical services have been prepaid by that parent.
Subd. 9.
Employer or union liability.
(a) An employer or union that willfully fails to
comply with the order or notice is liable for any uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
incurred by the dependents while the dependents were eligible to be enrolled in the health
plan and for any other premium costs incurred because the employer or union willfully
failed to comply with the order or notice.
(b) An employer or union that fails to comply with the order or notice is subject to a
contempt finding, a $250 civil penalty under section 518A.73, and is subject to a civil penalty
of $500 to be paid to the party entitled to reimbursement or the public authority. Penalties
paid to the public authority are designated for child support enforcement services.
Subd. 10.
Contesting enrollment.
(a) A party may contest a joint child's enrollment in
a health plan on the limited grounds that the enrollment is improper due to mistake of fact
or that the enrollment meets the requirements of section 518.145.
(b) If the party chooses to contest the enrollment, the party must do so no later than 15
days after the employer notifies the party of the enrollment by doing the following:
(1) filing a motion in district court or according to section 484.702 and the expedited
child support process rules if the public authority provides support enforcement services;
(2) serving the motion on the other party and public authority if the public authority
provides support enforcement services; and
(3) securing a date for the matter to be heard no later than 45 days after the notice of
enrollment.
(c) The enrollment must remain in place while the party contests the enrollment.
Subd. 11.
Disenrollment; continuation of coverage; coverage options.
(a) Unless a
court order provides otherwise, a child for whom a party is required to provide new text begin private new text end health
care coverage under this section must be covered as a dependent of the party until the child
is emancipated, until further order of the court, or as consistent with the terms of the new text begin health
care new text end coverage.
(b) The health carrier, employer, or union may not disenroll or eliminate new text begin health care
new text end coverage for the child unless:
(1) the health carrier, employer, or union is provided satisfactory written evidence that
the court order is no longer in effect;
(2) the joint child is or will be enrolled in comparable new text begin private new text end health care coverage
through another health plan that will take effect no later than the effective date of the
disenrollment;
(3) the employee is no longer eligible for dependent new text begin health care new text end coverage; or
(4) the required premium has not been paid by or on behalf of the joint child.
(c) The health plan must provide 30 days' written notice to the joint child's parents, and
the public authority if the public authority provides support enforcement services, before
the health plan disenrolls or eliminates the joint child's new text begin health care new text end coverage.
(d) A joint child enrolled in new text begin private new text end health care coverage under a qualified medical child
support order, including a national medical support notice, under this section is a dependent
and a qualified beneficiary under the Consolidated Omnibus Budget and Reconciliation Act
of 1985 (COBRA), Public Law 99-272. Upon expiration of the order, the joint child is
entitled to the opportunity to elect continued new text begin health care new text end coverage that is available under
the health plan. The employer or union must provide notice to the parties and the public
authority, if it provides support services, within ten days of the termination date.
(e) If the public authority provides support enforcement services and a plan administrator
reports to the public authority that there is more than one coverage option available under
the health plan, the public authority, in consultation with the parent with whom the joint
child resides, must promptly select new text begin health care new text end coverage from the available options.
Subd. 12.
Spousal or former spousal coverage.
The court must require the parent with
whom the joint child does not reside to provide dependent new text begin private new text end health care coverage for
the benefit of the parent with whom the joint child resides if the parent with whom the child
does not reside is ordered to provide dependent new text begin private new text end health care coverage for the parties'
joint child and adding the other parent to the new text begin health care new text end coverage results in no additional
premium cost.
Subd. 13.
Disclosure of information.
(a) If the public authority provides support
enforcement services, the parties must provide the public authority with the following
information:
(1) information relating to dependent health care coverage deleted text begin or public coveragedeleted text end available
for the benefit of the joint child for whom support is sought, including all information
required to be included in a medical support order under this section;
(2) verification that application for court-ordered health care coverage was made within
30 days of the court's order; and
(3) the reason that a joint child is not enrolled in court-ordered health care coverage, if
a joint child is not enrolled in new text begin health care new text end coverage or subsequently loses new text begin health care new text end coverage.
(b) Upon request from the public authority under section 256.978, an employer, union,
or plan administrator, including an employer subject to the federal Employee Retirement
Income Security Act of 1974 (ERISA), United States Code, title 29, section 1169(a), must
provide the public authority the following information:
(1) information relating to dependent new text begin private new text end health care coverage available to a party
for the benefit of the joint child for whom support is sought, including all information
required to be included in a medical support order under this section; and
(2) information that will enable the public authority to determine whether a health plan
is appropriate for a joint child, including, but not limited to, all available plan options, any
geographic service restrictions, and the location of service providers.
(c) The employer, union, or plan administrator must not release information regarding
one party to the other party. The employer, union, or plan administrator must provide both
parties with insurance identification cards and all necessary written information to enable
the parties to utilize the insurance benefits for the covered dependent.
(d) The public authority is authorized to release to a party's employer, union, or health
plan information necessary to verify availability of dependent new text begin private new text end health care coverage,
or to establish, modify, or enforce medical support.
(e) An employee must disclose to an employer if medical support is required to be
withheld under this section and the employer must begin withholding according to the terms
of the order and under section 518A.53. If an employee discloses an obligation to obtain
new text begin private new text end health care coverage and new text begin health care new text end coverage is available through the employer,
the employer must make all application processes known to the individual and enroll the
employee and dependent in the plan.
Subd. 14.
Child support enforcement services.
The public authority must take necessary
steps to establish, enforce, and modify an order for medical support if the joint child receives
public assistance or a party completes an application for services from the public authority
under section 518A.51.
Subd. 15.
Enforcement.
(a) Remedies available for collecting and enforcing child
support apply to medical support.
(b) For the purpose of enforcement, the following are additional support:
(1) the costs of individual or group health or hospitalization coverage;
(2) dental coverage;
(3) medical costs ordered by the court to be paid by either party, including health care
coverage premiums paid by the obligee because of the obligor's failure to obtain new text begin health care
new text end coverage as ordered; and
(4) liabilities established under this subdivision.
(c) A party who fails to carry court-ordered dependent new text begin private new text end health care coverage is
liable for the joint child's uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses unless a court order
provides otherwise. A party's failure to carry court-ordered new text begin health care new text end coverage, or to
provide other medical support as ordered, is a basis for modification of medical support
under section 518A.39, subdivision 8, unless it meets the presumption in section 518A.39,
subdivision 2.
(d) Payments by the health carrier or employer for services rendered to the dependents
that are directed to a party not owed reimbursement must be endorsed over to and forwarded
to the vendor or appropriate party or the public authority. A party retaining insurance
reimbursement not owed to the party is liable for the amount of the reimbursement.
Subd. 16.
Offset.
(a) If a party is the parent with primary physical custody as defined
in section 518A.26, subdivision 17, and is an obligor ordered to contribute to the other
party's cost for carrying health care coverage for the joint child, the other party's child
support and spousal maintenance obligations are subject to an offset under subdivision 5.
(b) The public authority, if the public authority provides child support enforcement
services, may remove the offset to a party's child support obligation when:
(1) the party's court-ordered new text begin private new text end health care coverage for the joint child terminates;
(2) the party does not enroll the joint child in other new text begin private new text end health care coverage; and
(3) a modification motion is not pending.
The public authority must provide notice to the parties of the action. If neither party requests
a hearing, the public authority must remove the offset effective the first day of the month
following termination of the joint child's new text begin private new text end health care coverage.
(c) The public authority, if the public authority provides child support enforcement
services, may resume the offset when the party ordered to provide new text begin private new text end health care
coverage for the joint child has resumed the court-ordered new text begin private new text end health care coverage or
enrolled the joint child in other new text begin private new text end health care coverage. The public authority must
provide notice to the parties of the action. If neither party requests a hearing, the public
authority must resume the offset effective the first day of the month following certification
that new text begin private new text end health care coverage is in place for the joint child.
(d) A party may contest the public authority's action to remove or resume the offset to
the child support obligation if the party makes a written request for a hearing within 30 days
after receiving written notice. If a party makes a timely request for a hearing, the public
authority must schedule a hearing and send written notice of the hearing to the parties by
mail to the parties' last known addresses at least 14 days before the hearing. The hearing
must be conducted in district court or in the expedited child support process if section
484.702 applies. The district court or child support magistrate must determine whether
removing or resuming the offset is appropriate and, if appropriate, the effective date for the
removal or resumption.
new text begin Subd. 16a. new text end
new text begin Suspension or reinstatement of medical support contribution. new text end
new text begin
(a) If a
party is the parent with primary physical custody, as defined in section 518A.26, subdivision
17, and is ordered to carry private health care coverage for the joint child but fails to carry
the court-ordered private health care coverage, the public authority may suspend the medical
support obligation of the other party if that party has been court-ordered to contribute to the
cost of the private health care coverage carried by the parent with primary physical custody
of the joint child.
new text end
new text begin
(b) If the public authority provides child support enforcement services, the public
authority may suspend the other party's medical support contribution toward private health
care coverage when:
new text end
new text begin
(1) the party's court-ordered private health care coverage for the joint child terminates;
new text end
new text begin
(2) the party does not enroll the joint child in other private health care coverage; and
new text end
new text begin
(3) a modification motion is not pending.
new text end
new text begin
The public authority must provide notice to the parties of the action. If neither party requests
a hearing, the public authority must remove the medical support contribution effective the
first day of the month following the termination of the joint child's private health care
coverage.
new text end
new text begin
(c) If the public authority provides child support enforcement services, the public authority
may reinstate the medical support contribution when the party ordered to provide private
health care coverage for the joint child has resumed the joint child's court-ordered private
health care coverage or has enrolled the joint child in other private health care coverage.
The public authority must provide notice to the parties of the action. If neither party requests
a hearing, the public authority must resume the medical support contribution effective the
first day of the month following certification that the joint child is enrolled in private health
care coverage.
new text end
new text begin
(d) A party may contest the public authority's action to suspend or reinstate the medical
support contribution if the party makes a written request for a hearing within 30 days after
receiving written notice. If a party makes a timely request for a hearing, the public authority
must schedule a hearing and send written notice of the hearing to the parties by mail to the
parties' last known addresses at least 14 days before the hearing. The hearing must be
conducted in district court or in the expedited child support process if section 484.702
applies. The district court or child support magistrate must determine whether suspending
or reinstating the medical support contribution is appropriate and, if appropriate, the effective
date of the removal or reinstatement of the medical support contribution.
new text end
Subd. 17.
Collecting unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses.
(a)
This subdivision and subdivision 18 apply when a court order has determined and ordered
the parties' proportionate share and responsibility to contribute to unreimbursed or uninsured
deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses.
(b) A party requesting reimbursement of unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin
health-relatednew text end expenses must initiate a request to the other party within two years of the
date that the requesting party incurred the unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-related
new text end expenses. If a court order has been signed ordering the contribution deleted text begin towardsdeleted text end new text begin towardnew text end
unreimbursed or uninsured expenses, a two-year limitations provision must be applied to
any requests made on or after January 1, 2007. The provisions of this section apply
retroactively to court orders signed before January 1, 2007. Requests for unreimbursed or
uninsured expenses made on or after January 1, 2007, may include expenses incurred before
January 1, 2007, and on or after January 1, 2005.
(c) A requesting party must mail a written notice of intent to collect the unreimbursed
or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses and a copy of an affidavit of health care
expenses to the other party at the other party's last known address.
(d) The written notice must include a statement that the other party has 30 days from
the date the notice was mailed to (1) pay in full; (2) agree to a payment schedule; or (3) file
a motion requesting a hearing to contest the amount due or to set a court-ordered monthly
payment amount. If the public authority provides services, the written notice also must
include a statement that, if the other party does not respond within the 30 days, the requesting
party may submit the amount due to the public authority for collection.
(e) The affidavit of health care expenses must itemize and document the joint child's
unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses and include copies of all bills,
receipts, and insurance company explanations of benefits.
(f) If the other party does not respond to the request for reimbursement within 30 days,
the requesting party may commence enforcement against the other party under subdivision
18; file a motion for a court-ordered monthly payment amount under paragraph (i); or notify
the public authority, if the public authority provides services, that the other party has not
responded.
(g) The notice to the public authority must include: a copy of the written notice, a copy
of the affidavit of health care expenses, and copies of all bills, receipts, and insurance
company explanations of benefits.
(h) If noticed under paragraph (f), the public authority must serve the other party with
a notice of intent to enforce unreimbursed and uninsured deleted text begin medicaldeleted text end new text begin health-related new text end expenses
and file an affidavit of service by mail with the district court administrator. The notice must
state that the other party has 14 days to (1) pay in full; or (2) file a motion to contest the
amount due or to set a court-ordered monthly payment amount. The notice must also state
that if there is no response within 14 days, the public authority will commence enforcement
of the expenses as arrears under subdivision 18.
(i) To contest the amount due or set a court-ordered monthly payment amount, a party
must file a timely motion and schedule a hearing in district court or in the expedited child
support process if section 484.702 applies. The moving party must provide the other party
and the public authority, if the public authority provides services, with written notice at
least 14 days before the hearing by mailing notice of the hearing to the public authority and
to the requesting party at the requesting party's last known address. The moving party must
file the affidavit of health care expenses with the court at least five days before the hearing.
The district court or child support magistrate must determine liability for the expenses and
order that the liable party is subject to enforcement of the expenses as arrears under
subdivision 18 or set a court-ordered monthly payment amount.
Subd. 18.
Enforcing unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
as arrears.
(a) Unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses enforced under
this subdivision are collected as arrears.
(b) If the liable party is the parent with primary physical custody as defined in section
518A.26, subdivision 17, the unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
must be deducted from any arrears the requesting party owes the liable party. If unreimbursed
or uninsured expenses remain after the deduction, the expenses must be collected as follows:
(1) If the requesting party owes a current child support obligation to the liable party, 20
percent of each payment received from the requesting party must be returned to the requesting
party. The total amount returned to the requesting party each month must not exceed 20
percent of the current monthly support obligation.
(2) If the requesting party does not owe current child support or arrears, a payment
agreement under section 518A.69 is required. If the liable party fails to enter into or comply
with a payment agreement, the requesting party or the public authority, if the public authority
provides services, may schedule a hearing to set a court-ordered payment. The requesting
party or the public authority must provide the liable party with written notice of the hearing
at least 14 days before the hearing.
(c) If the liable party is not the parent with primary physical custody as defined in section
518A.26, subdivision 17, the unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
must be deducted from any arrears the requesting party owes the liable party. If unreimbursed
or uninsured expenses remain after the deduction, the expenses must be added and collected
as arrears owed by the liable party.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 6.
Minnesota Statutes 2022, section 518A.42, subdivision 1, is amended to read:
Subdivision 1.
Ability to pay.
(a) It is a rebuttable presumption that a child support
order should not exceed the obligor's ability to pay. To determine the amount of child support
the obligor has the ability to pay, the court shall follow the procedure set out in this section.
(b) The court shall calculate the obligor's income available for support by subtracting a
monthly self-support reserve equal to 120 percent of the federal poverty guidelines for one
person from the obligor's parental income for determining child support (PICS).new text begin If benefits
under section 518A.31 are received by the obligee as a representative payee for a joint child
or are received by the child attending school, based on the other parent's eligibility, the court
shall subtract the amount of benefits from the obligor's PICS before subtracting the
self-support reserve.new text end If the obligor's income available for support calculated under this
paragraph is equal to or greater than the obligor's support obligation calculated under section
518A.34, the court shall order child support under section 518A.34.
(c) If the obligor's income available for support calculated under paragraph (b) is more
than the minimum support amount under subdivision 2, but less than the guideline amount
under section 518A.34, then the court shall apply a reduction to the child support obligation
in the following order, until the support order is equal to the obligor's income available for
support:
(1) medical support obligation;
(2) child care support obligation; and
(3) basic support obligation.
(d) If the obligor's income available for support calculated under paragraph (b) is equal
to or less than the minimum support amount under subdivision 2 or if the obligor's gross
income is less than 120 percent of the federal poverty guidelines for one person, the minimum
support amount under subdivision 2 applies.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 7.
Minnesota Statutes 2022, section 518A.42, subdivision 3, is amended to read:
Subd. 3.
Exception.
(a) This section does not apply to an obligor who is incarceratednew text begin
or is a recipient of a general assistance grant, Supplemental Security Income, temporary
assistance for needy families (TANF) grant, or comparable state-funded Minnesota family
investment program (MFIP) benefitsnew text end .
(b) If the court finds the obligor receives no income and completely lacks the ability to
earn income, the minimum basic support amount under this subdivision does not apply.
(c) If the obligor's basic support amount is reduced below the minimum basic support
amount due to the application of the parenting expense adjustment, the minimum basic
support amount under this subdivision does not apply and the lesser amount is the guideline
basic support.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 8.
Minnesota Statutes 2022, section 518A.43, subdivision 1b, is amended to read:
Subd. 1b.
Increase in income of custodial parent.
In a modification of support under
section 518A.39, the court may deviate from the presumptive child support obligation under
section 518A.34 when the only change in circumstances is an increase to the custodial
parent's income anddeleted text begin :
deleted text end
deleted text begin (1)deleted text end the basic support increasesdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(2)
deleted text end
deleted text begin
the parties' combined gross income is $6,000 or less; or
deleted text end
deleted text begin
(3)
deleted text end
deleted text begin
the obligor's income is $2,000 or less.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2022, section 518A.65, is amended to read:
518A.65 DRIVER'S LICENSE SUSPENSION.
(a) Upon motion of an obligee, which has been properly served on the obligor and upon
which there has been an opportunity for hearing, if a court finds that the obligor has been
or may be issued a driver's license by the commissioner of public safety and the obligor is
in arrears in court-ordered child support or maintenance payments, or both, in an amount
equal to or greater than three times the obligor's total monthly support and maintenance
payments and is not in compliance with a written payment agreement pursuant to section
518A.69 that is approved by the court, a child support magistrate, or the public authority,
the court deleted text begin shalldeleted text end new text begin maynew text end order the commissioner of public safety to suspend the obligor's driver's
license. new text begin The court may consider the circumstances in paragraph (i) to determine whether
driver's license suspension is an appropriate remedy that is likely to induce the payment of
child support. The court may consider whether driver's license suspension would have a
direct harmful effect on the obligor or joint children that would make driver's license
suspension an inappropriate remedy. The public authority may not administratively reinstate
a driver's license suspended by the court unless specifically authorized to do so in the court
order.This paragraph expires December 31, 2025.
new text end
new text begin
(b) This paragraph is effective January 1, 2026. Upon the motion of an obligee that has
been properly served on the obligor and for which there has been an opportunity for a
hearing, if a court finds that the obligor has a valid driver's license issued by the commissioner
of public safety and the obligor is in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than three times the obligor's total
monthly support and maintenance payments and is not in compliance with a written payment
agreement pursuant to section 518A.69 that is approved by the court, a child support
magistrate, or the public authority, the court may order the commissioner of public safety
to suspend the obligor's driver's license. The court may consider the circumstances in
paragraph (i) to determine whether driver's license suspension is an appropriate remedy that
is likely to induce the payment of child support. The court may consider whether driver's
license suspension would have a direct harmful effect on the obligor or joint children that
would make driver's license suspension an inappropriate remedy. The public authority may
not administratively reinstate a driver's license suspended by the court unless specifically
authorized to do so in the court order.
new text end
new text begin (c) new text end The court's order must be stayed for 90 days in order to allow the obligor to execute
a written payment agreement pursuant to section 518A.69. The payment agreement must
be approved by either the court or the public authority responsible for child support
enforcement. If the obligor has not executed or is not in compliance with a written payment
agreement pursuant to section 518A.69 after the 90 days expires, the court's order becomes
effective and the commissioner of public safety shall suspend the obligor's driver's license.
The remedy under this section is in addition to any other enforcement remedy available to
the court. An obligee may not bring a motion under this paragraph within 12 months of a
denial of a previous motion under this paragraph.
deleted text begin (b)deleted text end new text begin (d)new text end If a public authority responsible for child support enforcement determines that
the obligor has been or may be issued a driver's license by the commissioner of public safety
deleted text begin anddeleted text end new text begin ;new text end the obligor is in arrears in court-ordered child support or maintenance payments or
both in an amount equal to or greater than three times the obligor's total monthly support
and maintenance payments and not in compliance with a written payment agreement pursuant
to section 518A.69 that is approved by the court, a child support magistrate, or the public
authority, the public authority shall direct the commissioner of public safety to suspend the
obligor's driver's licensenew text begin unless exercising administrative discretion under paragraph (i)new text end .
The remedy under this section is in addition to any other enforcement remedy available to
the public authority.new text begin This paragraph expires December 31, 2025.
new text end
new text begin
(e) This paragraph is effective January 1, 2026. If a public authority responsible for child
support enforcement determines that:
new text end
new text begin
(1) the obligor has a valid driver's license issued by the commissioner of public safety;
new text end
new text begin
(2) the obligor is in arrears in court-ordered child support or maintenance payments or
both in an amount equal to or greater than three times the obligor's total monthly support
and maintenance payments;
new text end
new text begin
(3) the obligor is not in compliance with a written payment agreement pursuant to section
518A.69 that is approved by the court, a child support magistrate, or the public authority;
and
new text end
new text begin
(4) the obligor's mailing address is known to the public authority;
new text end
new text begin
then the public authority shall direct the commissioner of public safety to suspend the
obligor's driver's license unless exercising administrative discretion under paragraph (i).
The remedy under this section is in addition to any other enforcement remedy available to
the public authority.
new text end
deleted text begin (c)deleted text end new text begin (f)new text end At least 90 days prior to notifying the commissioner of public safety according
to paragraph deleted text begin (b)deleted text end new text begin (d)new text end , the public authority must mail a written notice to the obligor at the
obligor's last known address, that it intends to seek suspension of the obligor's driver's
license and that the obligor must request a hearing within 30 days in order to contest the
suspension. If the obligor makes a written request for a hearing within 30 days of the date
of the notice, a court hearing must be held. Notwithstanding any law to the contrary, the
obligor must be served with 14 days' notice in writing specifying the time and place of the
hearing and the allegations against the obligor. The notice must include information that
apprises the obligor of the requirement to develop a written payment agreement that is
approved by a court, a child support magistrate, or the public authority responsible for child
support enforcement regarding child support, maintenance, and any arrearages in order to
avoid license suspension. The notice may be served personally or by mail. If the public
authority does not receive a request for a hearing within 30 days of the date of the notice,
and the obligor does not execute a written payment agreement pursuant to section 518A.69
that is approved by the public authority within 90 days of the date of the notice, the public
authority shall direct the commissioner of public safety to suspend the obligor's driver's
license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end .
deleted text begin (d)deleted text end new text begin (g)new text end At a hearing requested by the obligor under paragraph deleted text begin (c)deleted text end new text begin (f)new text end , and on finding that
the obligor is in arrears in court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's total monthly support and
maintenance payments, the district court or child support magistrate shall order the
commissioner of public safety to suspend the obligor's driver's license or operating privileges
unlessnew text begin :
new text end
new text begin (1)new text end the court or child support magistrate determines that the obligor has executed and is
in compliance with a written payment agreement pursuant to section 518A.69 that is approved
by the court, a child support magistrate, or the public authoritydeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) the court, in its discretion, determines that driver's license suspension is unlikely to
induce payment of child support or would have direct harmful effects on the obligor or joint
child that makes driver's license suspension an inappropriate remedy. The court may consider
the circumstances in paragraph (i) in exercising the court's discretion.
new text end
deleted text begin (e)deleted text end new text begin (h)new text end An obligor whose driver's license or operating privileges are suspended may:
(1) provide proof to the public authority responsible for child support enforcement that
the obligor is in compliance with all written payment agreements pursuant to section 518A.69;
(2) bring a motion for reinstatement of the driver's license. At the hearing, if the court
or child support magistrate orders reinstatement of the driver's license, the court or child
support magistrate must establish a written payment agreement pursuant to section 518A.69;
or
(3) seek a limited license under section 171.30. A limited license issued to an obligor
under section 171.30 expires 90 days after the date it is issued.
Within 15 days of the receipt of that proof or a court order, the public authority shall
inform the commissioner of public safety that the obligor's driver's license or operating
privileges should no longer be suspended.
new text begin
(i) Prior to notifying the commissioner of public safety that an obligor's driver's license
should be suspended or after an obligor's driving privileges have been suspended, the public
authority responsible for child support enforcement may use administrative authority to end
the suspension process or inform the commissioner of public safety that the obligor's driving
privileges should no longer be suspended under any of the following circumstances:
new text end
new text begin
(1) the full amount of court-ordered payments have been received for at least one month;
new text end
new text begin
(2) an income withholding notice has been sent to an employer or payor of money;
new text end
new text begin
(3) payments less than the full court-ordered amount have been received and the
circumstances of the obligor demonstrate the obligor's substantial intent to comply with the
order;
new text end
new text begin
(4) the obligor receives public assistance;
new text end
new text begin
(5) the case is being reviewed by the public authority for downward modification due
to changes in the obligor's financial circumstances or a party has filed a motion to modify
the child support order;
new text end
new text begin
(6) the obligor no longer lives in the state and the child support case is in the process of
interstate enforcement;
new text end
new text begin
(7) the obligor is currently incarcerated for one week or more or is receiving in-patient
treatment for physical health, mental health, chemical dependency, or other treatment. This
clause applies for six months after the obligor is no longer incarcerated or receiving in-patient
treatment;
new text end
new text begin
(8) the obligor is temporarily or permanently disabled and unable to pay child support;
new text end
new text begin
(9) the obligor has presented evidence to the public authority that the obligor needs
driving privileges to maintain or obtain the obligor's employment;
new text end
new text begin
(10) the obligor has not had a meaningful opportunity to pay toward arrears; or
new text end
new text begin
(11) other circumstances of the obligor indicate that a temporary condition exists for
which suspension of the obligor's driver's license for the nonpayment of child support is
not appropriate. When considering whether suspension of the obligor's driver's license is
appropriate, the public authority must assess: (i) whether suspension of the obligor's driver's
license is likely to induce payment of child support; and (ii) whether suspension of the
obligor's driver's license would have direct harmful effects on the obligor or joint children
that make driver's license suspension an inappropriate remedy.
new text end
new text begin
The presence of circumstances in this paragraph does not prevent the public authority from
proceeding with a suspension of the obligor's driver's license.
new text end
deleted text begin (f)deleted text end new text begin (j)new text end In addition to the criteria established under this section for the suspension of an
obligor's driver's license, a court, a child support magistrate, or the public authority may
direct the commissioner of public safety to suspend the license of a party who has failed,
after receiving notice, to comply with a subpoena relating to a paternity or child support
proceeding. Notice to an obligor of intent to suspend must be served by first class mail at
the obligor's last known address. The notice must inform the obligor of the right to request
a hearing. If the obligor makes a written request within ten days of the date of the hearing,
a hearing must be held. At the hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.
deleted text begin (g)deleted text end new text begin (k)new text end The license of an obligor who fails to remain in compliance with an approved
written payment agreement may be suspended. Prior to suspending a license for
noncompliance with an approved written payment agreement, the public authority must
mail to the obligor's last known address a written notice that (1) the public authority intends
to seek suspension of the obligor's driver's license under this paragraph, and (2) the obligor
must request a hearing, within 30 days of the date of the notice, to contest the suspension.
If, within 30 days of the date of the notice, the public authority does not receive a written
request for a hearing and the obligor does not comply with an approved written payment
agreement, the public authority must direct the Department of Public Safety to suspend the
obligor's license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end . If the obligor makes a written request for a hearing
within 30 days of the date of the notice, a court hearing must be held. Notwithstanding any
law to the contrary, the obligor must be served with 14 days' notice in writing specifying
the time and place of the hearing and the allegations against the obligor. The notice may be
served personally or by mail at the obligor's last known address. If the obligor appears at
the hearing and the court determines that the obligor has failed to comply with an approved
written payment agreement, the court or public authority shall notify the Department of
Public Safety to suspend the obligor's license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end . If the obligor fails
to appear at the hearing, the court or public authority must notify the Department of Public
Safety to suspend the obligor's license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end .
Sec. 10.
Minnesota Statutes 2022, section 518A.77, is amended to read:
518A.77 GUIDELINES REVIEW.
deleted text begin (a)deleted text end No later than 2006 and every four years after that, the Department of Human Services
must conduct a review of the child support guidelinesnew text begin as required under Code of Federal
Regulations, title 45, section 302.56(h)new text end .
deleted text begin
(b) This section expires January 1, 2032.
deleted text end
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 518A.59,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 4
LICENSING
Section 1.
Minnesota Statutes 2022, section 245.095, is amended to read:
245.095 LIMITS ON RECEIVING PUBLIC FUNDS.
Subdivision 1.
Prohibition.
(a) If a provider, vendor, or individual enrolled, licensed,
receiving funds under a grant contract, or registered in any program administered by the
commissioner, including under the commissioner's powers and authorities in section 256.01,
is excluded from that program, the commissioner shall:
(1) prohibit the excluded provider, vendor, or individual from enrolling, becoming
licensed, receiving grant funds, or registering in any other program administered by the
commissioner; and
(2) disenroll, revoke or suspend a license, disqualify, or debar the excluded provider,
vendor, or individual in any other program administered by the commissioner.
new text begin
(b) If a provider, vendor, or individual enrolled, licensed, receiving funds under a grant
contract, or registered in any program administered by the commissioner, including under
the commissioner's powers and authorities in section 256.01, is excluded from that program,
the commissioner may:
new text end
new text begin
(1) prohibit any associated entities or associated individuals from enrolling, becoming
licensed, receiving grant funds, or registering in any other program administered by the
commissioner; and
new text end
new text begin
(2) disenroll, revoke or suspend a license of, disqualify, or debar any associated entities
or associated individuals in any other program administered by the commissioner.
new text end
new text begin
(c) If a provider, vendor, or individual enrolled, licensed, or otherwise receiving funds
under any contract or registered in any program administered by a Minnesota state or federal
agency is excluded from that program, the commissioner of human services may:
new text end
new text begin
(1) prohibit the excluded provider, vendor, individual, or any associated entities or
associated individuals from enrolling, becoming licensed, receiving grant funds, or registering
in any program administered by the commissioner; and
new text end
new text begin
(2) disenroll, revoke or suspend a license of, disqualify, or debar the excluded provider,
vendor, individual, or any associated entities or associated individuals in any program
administered by the commissioner.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end The duration of deleted text begin thisdeleted text end new text begin anew text end prohibition, disenrollment, revocation, suspension,
disqualification, or debarmentnew text begin under paragraph (a)new text end must last for the longest applicable
sanction or disqualifying period in effect for the provider, vendor, or individual permitted
by state or federal law.new text begin The duration of a prohibition, disenrollment, revocation, suspension,
disqualification, or debarment under paragraphs (b) and (c) may last until up to the longest
applicable sanction or disqualifying period in effect for the provider, vendor, individual,
associated entity, or associated individual as permitted by state or federal law.
new text end
Subd. 2.
Definitions.
(a) For purposes of this section, the following definitions have the
meanings given deleted text begin themdeleted text end .
new text begin
(b) "Associated entity" means a provider or vendor owned or controlled by an excluded
individual.
new text end
new text begin
(c) "Associated individual" means an individual or entity that has a relationship with
the business or its owners or controlling individuals, such that the individual or entity would
have knowledge of the financial practices of the program in question.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end "Excluded" means deleted text begin disenrolled, disqualified, having a license that has been revoked
or suspended under chapter deleted text end deleted text begin 245Adeleted text end deleted text begin , or debarred or suspended under Minnesota Rules, part
1230.1150, or excluded pursuant to section 256B.064, subdivision 3deleted text end new text begin removed under other
authorities from a program administered by a Minnesota state or federal agency, including
a final determination to stop paymentsnew text end .
deleted text begin (c)deleted text end new text begin (e)new text end "Individual" means a natural person providing products or services as a provider
or vendor.
deleted text begin (d)deleted text end new text begin (f)new text end "Provider" deleted text begin includes any entity or individual receiving payment from a program
administered by the Department of Human Services, and an owner, controlling individual,
license holder, director, or managerial official of an entity receiving payment from a program
administered by the Department of Human Servicesdeleted text end new text begin means any entity, individual, owner,
controlling individual, license holder, director, or managerial official of an entity receiving
payment from a program administered by a Minnesota state or federal agencynew text end .
new text begin Subd. 3. new text end
new text begin Notice. new text end
new text begin
Within five days of taking an action under subdivision (1), paragraph
(a), (b), or (c), against a provider, vendor, individual, associated individual, or associated
entity, the commissioner must send notice of the action to the provider, vendor, individual,
associated individual, or associated entity. The notice must state:
new text end
new text begin
(1) the basis for the action;
new text end
new text begin
(2) the effective date of the action;
new text end
new text begin
(3) the right to appeal the action; and
new text end
new text begin
(4) the requirements and procedures for reinstatement.
new text end
new text begin Subd. 4. new text end
new text begin Appeal. new text end
new text begin
Upon receipt of a notice under subdivision 3, a provider, vendor,
individual, associated individual, or associated entity may request a contested case hearing,
as defined in section 14.02, subdivision 3, by filing with the commissioner a written request
of appeal. The scope of any contested case hearing is solely limited to action taken under
this section. The commissioner must receive the appeal request no later than 30 days after
the date the notice was mailed to the provider, vendor, individual, associated individual, or
associated entity. The appeal request must specify:
new text end
new text begin
(1) each disputed item and the reason for the dispute;
new text end
new text begin
(2) the authority in statute or rule upon which the provider, vendor, individual, associated
individual, or associated entity relies for each disputed item;
new text end
new text begin
(3) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and
new text end
new text begin
(4) any other information required by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Withholding of payments. new text end
new text begin
(a) Except as otherwise provided by state or federal
law, the commissioner may withhold payments to a provider, vendor, individual, associated
individual, or associated entity in any program administered by the commissioner, if the
commissioner determines there is a credible allegation of fraud for which an investigation
is pending for a program administered by a Minnesota state or federal agency.
new text end
new text begin
(b) For purposes of this subdivision, "credible allegation of fraud" means an allegation
that has been verified by the commissioner from any source, including but not limited to:
new text end
new text begin
(1) fraud hotline complaints;
new text end
new text begin
(2) claims data mining;
new text end
new text begin
(3) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations; and
new text end
new text begin
(4) court filings and other legal documents, including but not limited to police reports,
complaints, indictments, informations, affidavits, declarations, and search warrants.
new text end
new text begin
(c) The commissioner must send notice of the withholding of payments within five days
of taking such action. The notice must:
new text end
new text begin
(1) state that payments are being withheld according to this subdivision;
new text end
new text begin
(2) set forth the general allegations related to the withholding action, except the notice
need not disclose specific information concerning an ongoing investigation;
new text end
new text begin
(3) state that the withholding is for a temporary period and cite the circumstances under
which the withholding will be terminated; and
new text end
new text begin
(4) inform the provider, vendor, individual, associated individual, or associated entity
of the right to submit written evidence to contest the withholding action for consideration
by the commissioner.
new text end
new text begin
(d) If the commissioner withholds payments under this subdivision, the provider, vendor,
individual, associated individual, or associated entity has a right to request administrative
reconsideration. A request for administrative reconsideration must be made in writing, state
with specificity the reasons the payment withholding decision is in error, and include
documents to support the request. Within 60 days from receipt of the request, the
commissioner shall judiciously review allegations, facts, evidence available to the
commissioner, and information submitted by the provider, vendor, individual, associated
individual, or associated entity to determine whether the payment withholding should remain
in place.
new text end
new text begin
(e) The commissioner shall stop withholding payments if the commissioner determines
there is insufficient evidence of fraud by the provider, vendor, individual, associated
individual, or associated entity or when legal proceedings relating to the alleged fraud are
completed, unless the commissioner has sent notice under subdivision 3 to the provider,
vendor, individual, associated individual, or associated entity.
new text end
new text begin
(f) The withholding of payments is a temporary action and is not subject to appeal under
section 256.045 or chapter 14.
new text end
Sec. 2.
Minnesota Statutes 2022, section 245A.02, subdivision 2c, is amended to read:
Subd. 2c.
Annual or annually; family child care deleted text begin training requirementsdeleted text end .
For the
purposes of sections 245A.50 to 245A.53, "annual" or "annually" means deleted text begin the 12-month
period beginning on the license effective date or the annual anniversary of the effective date
and ending on the day prior to the annual anniversary of the license effective datedeleted text end new text begin each
calendar yearnew text end .
Sec. 3.
Minnesota Statutes 2022, section 245A.02, is amended by adding a subdivision to
read:
new text begin Subd. 5b. new text end
new text begin Cradleboard. new text end
new text begin
"Cradleboard" means a board or frame on which an infant is
secured using blankets or other material, such as fabric or leather sides, and laces and often
has a frame extending to protect the infant's head. The infant is always placed with the
infant's head facing outward, and the infant remains supervised in the cradleboard while
sleeping or being carried.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 4.
Minnesota Statutes 2022, section 245A.02, subdivision 6b, is amended to read:
Subd. 6b.
Experience.
For purposes of child care centers, "experience" deleted text begin includesdeleted text end new text begin isnew text end paid
or unpaid employment deleted text begin serving children as a teacher, assistant teacher, aide, or a student
intern in a licensed child care center, in a public or nonpublic school, or in a program licensed
as a family day care or group family day care provider.deleted text end new text begin :
new text end
new text begin
(1) caring for children as a teacher, assistant teacher, aide, or student intern:
new text end
new text begin
(i) in a licensed child care center, a licensed family day care or group family day care,
or a Tribally licensed child care program in any United States state or territory; or
new text end
new text begin
(ii) in a public or nonpublic school;
new text end
new text begin
(2) caring for children as a staff person or unsupervised volunteer in a certified,
license-exempt child care center under chapter 245H; or
new text end
new text begin
(3) providing direct contact services in a home or residential facility serving children
with disabilities that requires a background study under section 245C.03.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2023.
new text end
Sec. 5.
Minnesota Statutes 2022, section 245A.03, subdivision 2, is amended to read:
Subd. 2.
Exclusion from licensure.
(a) This chapter does not apply to:
(1) residential or nonresidential programs that are provided to a person by an individual
who is related unless the residential program is a child foster care placement made by a
local social services agency or a licensed child-placing agency, except as provided in
subdivision 2a;
(2) nonresidential programs that are provided by an unrelated individual to persons from
a single related family;
(3) residential or nonresidential programs that are provided to adults who do not misuse
substances or have a substance use disorder, a mental illness, a developmental disability, a
functional impairment, or a physical disability;
(4) sheltered workshops or work activity programs that are certified by the commissioner
of employment and economic development;
(5) programs operated by a public school for children 33 months or older;
(6) nonresidential programs primarily for children that provide care or supervision for
periods of less than three hours a day while the child's parent or legal guardian is in the
same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;
(7) nursing homes or hospitals licensed by the commissioner of health except as specified
under section 245A.02;
(8) board and lodge facilities licensed by the commissioner of health that do not provide
children's residential services under Minnesota Rules, chapter 2960, mental health or
substance use disorder treatment;
(9) homes providing programs for persons placed by a county or a licensed agency for
legal adoption, unless the adoption is not completed within two years;
(10) programs licensed by the commissioner of corrections;
(11) recreation programs for children or adults that are operated or approved by a park
and recreation board whose primary purpose is to provide social and recreational activities;
(12) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA
as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in
section 315.51, whose primary purpose is to provide child care or services to school-age
children;
(13) Head Start nonresidential programs which operate for less than 45 days in each
calendar year;
(14) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;
(15) programs for children such as scouting, boys clubs, girls clubs, and sports and art
programs, and nonresidential programs for children provided for a cumulative total of less
than 30 days in any 12-month period;
(16) residential programs for persons with mental illness, that are located in hospitals;
(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the
congregate care of children by a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its regular worship;
(18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;
(19) mental health outpatient services for adults with mental illness or children with
emotional disturbance;
(20) residential programs serving school-age children whose sole purpose is cultural or
educational exchange, until the commissioner adopts appropriate rules;
(21) community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;
(22) the placement of a child by a birth parent or legal guardian in a preadoptive home
for purposes of adoption as authorized by section 259.47;
(23) settings registered under chapter 144D which provide home care services licensed
by the commissioner of health to fewer than seven adults;
(24) substance use disorder treatment activities of licensed professionals in private
practice as defined in section 245G.01, subdivision 17;
(25) consumer-directed community support service funded under the Medicaid waiver
for persons with developmental disabilities when the individual who provided the service
is:
(i) the same individual who is the direct payee of these specific waiver funds or paid by
a fiscal agent, fiscal intermediary, or employer of record; and
(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service;
(26) a program serving only children who are age 33 months or older, that is operated
by a nonpublic school, for no more than four hours per day per child, with no more than 20
children at any one time, and that is accredited by:
(i) an accrediting agency that is formally recognized by the commissioner of education
as a nonpublic school accrediting organization; or
(ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.
A program that asserts its exemption from licensure under item (ii) shall, upon request
from the commissioner, provide the commissioner with documentation from the accrediting
agency that verifies: that the accreditation is current; that the accrediting agency investigates
complaints about services; and that the accrediting agency's standards require background
studies on all people providing direct contact services;
(27) a program operated by a nonprofit organization incorporated in Minnesota or another
state that serves youth in kindergarten through grade 12; provides structured, supervised
youth development activities; and has learning opportunities take place before or after
school, on weekends, or during the summer or other seasonal breaks in the school calendar.
A program exempt under this clause is not eligible for child care assistance under chapter
119B. A program exempt under this clause must:
(i) have a director or supervisor on site who is responsible for overseeing written policies
relating to the management and control of the daily activities of the program, ensuring the
health and safety of program participants, and supervising staff and volunteers;
(ii) have obtained written consent from a parent or legal guardian for each youth
participating in activities at the site; and
(iii) have provided written notice to a parent or legal guardian for each youth at the site
that the program is not licensed or supervised by the state of Minnesota and is not eligible
to receive child care assistance payments;
(28) a county that is an eligible vendor under section 254B.05 to provide care coordination
and comprehensive assessment services; deleted text begin or
deleted text end
(29) a recovery community organization that is an eligible vendor under section 254B.05
to provide peer recovery support servicesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(30) Head Start programs that serve only children who are at least three years old but
not yet six years old.
new text end
(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.
(c) Except for the home and community-based services identified in section 245D.03,
subdivision 1, nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 6.
Minnesota Statutes 2022, section 245A.04, subdivision 4, is amended to read:
Subd. 4.
Inspections; waiver.
(a) Before issuing a license under this chapter, the
commissioner shall conduct an inspection of the program. The inspection must include but
is not limited to:
(1) an inspection of the physical plant;
(2) an inspection of records and documents;
(3) observation of the program in operation; and
(4) an inspection for the health, safety, and fire standards in licensing requirements for
a child care license holder.
(b) The observation in paragraph (a), clause (3), is not required prior to issuing a license
under subdivision 7. If the commissioner issues a license under this chapter, these
requirements must be completed within one year after the issuance of the license.
(c) Before completing a licensing inspection in a family child care program or child care
center, the licensing agency must offer the license holder an exit interview to discuss
violations or potential violations of law or rule observed during the inspection and offer
technical assistance on how to comply with applicable laws and rules. The commissioner
shall not issue a correction order or negative licensing action for violations of law or rule
not discussed in an exit interview, unless a license holder chooses not to participate in an
exit interview or not to complete the exit interview. If the license holder is unable to complete
the exit interview, the licensing agency must offer an alternate time for the license holder
to complete the exit interview.
(d) If a family child care license holder disputes a county licensor's interpretation of a
licensing requirement during a licensing inspection or exit interview, the license holder
may, within five business days after the exit interview or licensing inspection, request
clarification from the commissioner, in writing, in a manner prescribed by the commissioner.
The license holder's request must describe the county licensor's interpretation of the licensing
requirement at issue, and explain why the license holder believes the county licensor's
interpretation is inaccurate. The commissioner and the county must include the license
holder in all correspondence regarding the disputed interpretation, and must provide an
opportunity for the license holder to contribute relevant information that may impact the
commissioner's decision. The county licensor must not issue a correction order related to
the disputed licensing requirement until the commissioner has provided clarification to the
license holder about the licensing requirement.
(e) The commissioner or the county shall inspect at least deleted text begin annuallydeleted text end new text begin once each calendar
yearnew text end a child care provider licensed under this chapter and Minnesota Rules, chapter 9502
or 9503, for compliance with applicable licensing standards.
(f) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports of all child care providers
licensed under this chapter and under Minnesota Rules, chapter 9502 or 9503, and the
number of deaths, serious injuries, and instances of substantiated child maltreatment that
occurred in licensed child care settings each year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2022, section 245A.05, is amended to read:
245A.05 DENIAL OF APPLICATION.
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially complete application after receiving notice from the
commissioner under section 245A.04, subdivision 1;
(2) fails to comply with applicable laws or rules;
(3) knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;
(4) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;
(5) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted;
(6) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted;
(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
6;
(9) has a history of noncompliance as a license holder or controlling individual with
applicable laws or rules, including but not limited to this chapter and chapters 119B and
245C;
(10) is prohibited from holding a license according to section 245.095; or
(11) for a family foster setting,new text begin has or has an individual who is living in the household
where the licensed services are provided or is otherwise subject to a background study whonew text end
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the deleted text begin individual'sdeleted text end new text begin applicant'snew text end ability to safely provide care to
foster children.
(b) An applicant whose application has been denied by the commissioner must be given
notice of the denial, which must state the reasons for the denial in plain language. Notice
must be given by certified mail or personal service. The notice must state the reasons the
application was denied and must inform the applicant of the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may
appeal the denial by notifying the commissioner in writing by certified mail or personal
service. If mailed, the appeal must be postmarked and sent to the commissioner within 20
calendar days after the applicant received the notice of denial. If an appeal request is made
by personal service, it must be received by the commissioner within 20 calendar days after
the applicant received the notice of denial. Section 245A.08 applies to hearings held to
appeal the commissioner's denial of an application.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2022, section 245A.06, subdivision 1, is amended to read:
Subdivision 1.
Contents of correction orders and conditional licenses.
(a) If the
commissioner finds that the applicant or license holder has failed to comply with an
applicable law or rule and this failure does not imminently endanger the health, safety, or
rights of the persons served by the program, the commissioner may issue a correction order
and an order of conditional license to the applicant or license holder. When issuing a
conditional license, the commissioner shall consider the nature, chronicity, or severity of
the violation of law or rule and the effect of the violation on the health, safety, or rights of
persons served by the program. The correction order or conditional license must state the
following in plain language:
(1) the new text begin specific factual new text end conditions new text begin observable or reviewable by the licensor new text end that constitute
a violation of the law or rule;
(2) the specific law or rule violated;
(3) the time allowed to correct each violation; and
(4) if a license is made conditional, the length and terms of the conditional license, and
the reasons for making the license conditional.
(b) Nothing in this section prohibits the commissioner from proposing a sanction as
specified in section 245A.07, prior to issuing a correction order or conditional license.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2022, section 245A.07, subdivision 1, is amended to read:
Subdivision 1.
Sanctions; appeals; license.
(a) In addition to making a license conditional
under section 245A.06, the commissioner may suspend or revoke the license, impose a fine,
or secure an injunction against the continuing operation of the program of a license holder
whonew text begin :
new text end
new text begin (1)new text end does not comply with applicable law or ruledeleted text begin , or whodeleted text end new text begin ;
new text end
new text begin (2)new text end has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
childrennew text begin ; or
new text end
new text begin (3) has an individual living in the household where the licensed services are provided
or is otherwise subject to a background study, and the individual has nondisqualifying
background study information, as described in section 245C.05, subdivision 4, that reflects
on the license holder's ability to safely provide care to foster childrennew text end .
When applying sanctions authorized under this section, the commissioner shall consider
the nature, chronicity, or severity of the violation of law or rule and the effect of the violation
on the health, safety, or rights of persons served by the program.
(b) If a license holder appeals the suspension or revocation of a license and the license
holder continues to operate the program pending a final order on the appeal, the commissioner
shall issue the license holder a temporary provisional license. Unless otherwise specified
by the commissioner, variances in effect on the date of the license sanction under appeal
continue under the temporary provisional license. If a license holder fails to comply with
applicable law or rule while operating under a temporary provisional license, the
commissioner may impose additional sanctions under this section and section 245A.06, and
may terminate any prior variance. If a temporary provisional license is set to expire, a new
temporary provisional license shall be issued to the license holder upon payment of any fee
required under section 245A.10. The temporary provisional license shall expire on the date
the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
license shall be issued for the remainder of the current license period.
(c) If a license holder is under investigation and the license issued under this chapter is
due to expire before completion of the investigation, the program shall be issued a new
license upon completion of the reapplication requirements and payment of any applicable
license fee. Upon completion of the investigation, a licensing sanction may be imposed
against the new license under this section, section 245A.06, or 245A.08.
(d) Failure to reapply or closure of a license issued under this chapter by the license
holder prior to the completion of any investigation shall not preclude the commissioner
from issuing a licensing sanction under this section or section 245A.06 at the conclusion
of the investigation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2022, section 245A.07, subdivision 3, is amended to read:
Subd. 3.
License suspension, revocation, or fine.
(a) The commissioner may suspend
or revoke a license, or impose a fine if:
(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;
(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;
(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;
(4) a license holder is excluded from any program administered by the commissioner
under section 245.095; deleted text begin or
deleted text end
(5) revocation is required under section 245A.04, subdivision 7, paragraph (d)deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(6) for a family foster setting, a license holder or an individual living in the household
where the licensed services are provided or who is otherwise subject to a background study
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children.
new text end
A license holder who has had a license issued under this chapter suspended, revoked,
or has been ordered to pay a fine must be given notice of the action by certified mail or
personal service. If mailed, the notice must be mailed to the address shown on the application
or the last known address of the license holder. The notice must state in plain language the
reasons the license was suspended or revoked, or a fine was ordered.
(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received the
order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a
timely appeal of an order suspending or revoking a license, the license holder may continue
to operate the program as provided in section 245A.04, subdivision 7, paragraphs (f) and
(g), until the commissioner issues a final order on the suspension or revocation.
(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail or personal service. If mailed,
the appeal must be postmarked and sent to the commissioner within ten calendar days after
the license holder receives notice that the fine has been ordered. If a request is made by
personal service, it must be received by the commissioner within ten calendar days after
the license holder received the order.
(2) The license holder shall pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.
(3) A license holder shall promptly notify the commissioner of human services, in writing,
when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected as indicated by the order
to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify
the license holder by certified mail or personal service that a second fine has been assessed.
The license holder may appeal the second fine as provided under this subdivision.
(4) Fines shall be assessed as follows:
(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557
for which the license holder is determined responsible for the maltreatment under section
260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);
(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;
(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;
(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule
governing matters of health, safety, or supervision, including but not limited to the provision
of adequate staff-to-child or adult ratios, and failure to comply with background study
requirements under chapter 245C; and
(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule
other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).
For purposes of this section, "occurrence" means each violation identified in the
commissioner's fine order. Fines assessed against a license holder that holds a license to
provide home and community-based services, as identified in section 245D.03, subdivision
1, and a community residential setting or day services facility license under chapter 245D
where the services are provided, may be assessed against both licenses for the same
occurrence, but the combined amount of the fines shall not exceed the amount specified in
this clause for that occurrence.
(5) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.
(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2022, section 245A.11, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin License holder qualifications for child foster care. new text end
new text begin
(a) Child foster care
license holders must maintain the ability to care for a foster child and ensure a safe home
environment for children placed in their care. License holders must immediately notify the
licensing agency of:
new text end
new text begin
(1) any changes to the license holder or household member's physical or behavioral
health that may affect the license holder's ability to care for a foster child or pose a risk to
a foster child's health; or
new text end
new text begin
(2) changes related to the care of a child or vulnerable adult for whom the license holder
is a parent or legally responsible, including living out of the home for treatment for physical
or behavioral health, modified parenting time arrangements, legal custody, or placement in
foster care.
new text end
new text begin
(b) The licensing agency may request a license holder or household member to undergo
an evaluation by a specialist in areas such as physical or behavioral health to evaluate the
license holder's ability to provide a safe environment for a foster child. Prior to assigning
a specialist to evaluate, the licensing agency must tell the license holder or household
member why the licensing agency has requested a specialist evaluation and request a release
of information from the license holder or household member.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 12.
Minnesota Statutes 2022, section 245A.14, subdivision 4, is amended to read:
Subd. 4.
Special family child care homes.
new text begin (a) new text end Nonresidential child care programs
serving 14 or fewer children that are conducted at a location other than the license holder's
own residence shall be licensed under this section and the rules governing family child care
or group family child care if:
deleted text begin (a)deleted text end new text begin (1)new text end the license holder is the primary provider of care and the nonresidential child
care program is conducted in a dwelling that is located on a residential lot;
deleted text begin (b)deleted text end new text begin (2)new text end the license holder is an employer who may or may not be the primary provider
of care, and the purpose for the child care program is to provide child care services to
children of the license holder's employees;
deleted text begin (c)deleted text end new text begin (3)new text end the license holder is a church or religious organization;
deleted text begin (d)deleted text end new text begin (4)new text end the license holder is a community collaborative child care provider. For purposes
of this subdivision, a community collaborative child care provider is a provider participating
in a cooperative agreement with a community action agency as defined in section 256E.31;
deleted text begin (e)deleted text end new text begin (5)new text end the license holder is a not-for-profit agency that provides child care in a dwelling
located on a residential lot and the license holder maintains two or more contracts with
community employers or other community organizations to provide child care services.
The county licensing agency may grant a capacity variance to a license holder licensed
under this deleted text begin paragraphdeleted text end new text begin clausenew text end to exceed the licensed capacity of 14 children by no more than
five children during transition periods related to the work schedules of parents, if the license
holder meets the following requirements:
deleted text begin (1)deleted text end new text begin (i)new text end the program does not exceed a capacity of 14 children more than a cumulative
total of four hours per day;
deleted text begin (2)deleted text end new text begin (ii)new text end the program meets a one to seven staff-to-child ratio during the variance period;
deleted text begin (3)deleted text end new text begin (iii)new text end all employees receive at least an extra four hours of training per year than required
in the rules governing family child care each year;
deleted text begin (4)deleted text end new text begin (iv)new text end the facility has square footage required per child under Minnesota Rules, part
9502.0425;
deleted text begin (5)deleted text end new text begin (v)new text end the program is in compliance with local zoning regulations;
deleted text begin (6)deleted text end new text begin (vi)new text end the program is in compliance with the applicable fire code as follows:
deleted text begin (i)deleted text end new text begin (A)new text end if the program serves more than five children older than 2-1/2 years of age, but
no more than five children 2-1/2 years of age or less, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code deleted text begin 2015deleted text end new text begin
2020new text end , Section 202; or
deleted text begin (ii)deleted text end new text begin (B)new text end if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 deleted text begin Occupanciesdeleted text end new text begin Occupancynew text end , as provided in the Minnesota
State Fire Code deleted text begin 2015deleted text end new text begin 2020new text end , Section 202, unless the rooms in which the children new text begin 2-1/2 years
of age or younger new text end are cared for are located on a level of exit discharge and each of these
child care rooms has an exit door directly to the exterior, then the applicable fire code is
Group E deleted text begin occupanciesdeleted text end new text begin Occupancynew text end , as provided in the Minnesota State Fire Code deleted text begin 2015deleted text end new text begin 2020new text end ,
Section 202; and
deleted text begin (7)deleted text end new text begin (vii)new text end any age and capacity limitations required by the fire code inspection and square
footage determinations shall be printed on the license; or
deleted text begin (f)deleted text end new text begin (6)new text end the license holder is the primary provider of care and has located the licensed
child care program in a commercial space, if the license holder meets the following
requirements:
deleted text begin (1)deleted text end new text begin (i)new text end the program is in compliance with local zoning regulations;
deleted text begin (2)deleted text end new text begin (ii)new text end the program is in compliance with the applicable fire code as follows:
deleted text begin (i)deleted text end new text begin (A)new text end if the program serves more than five children older than 2-1/2 years of age, but
no more than five children 2-1/2 years of age or less, the applicable fire code is educational
occupancy, as provided in Group E Occupancy under the Minnesota State Fire Code deleted text begin 2015deleted text end new text begin
2020new text end , Section 202; or
deleted text begin (ii)deleted text end new text begin (B)new text end if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 deleted text begin Occupanciesdeleted text end new text begin Occupancynew text end , as provided under the Minnesota
State Fire Code deleted text begin 2015deleted text end new text begin 2020new text end , Section 202new text begin , unless the rooms in which the children 2-1/2 years
of age or younger are cared for are located on a level of exit discharge and each of these
child care rooms has an exit door directly to the exterior, then the applicable fire code is
Group E Occupancy, as provided in the Minnesota State Fire Code 2020, Section 202new text end ;
deleted text begin (3)deleted text end new text begin (iii)new text end any age and capacity limitations required by the fire code inspection and square
footage determinations are printed on the license; and
deleted text begin (4)deleted text end new text begin (iv)new text end the license holder prominently displays the license issued by the commissioner
which contains the statement "This special family child care provider is not licensed as a
child care center."
deleted text begin (g)deleted text end new text begin (b)new text end Notwithstanding Minnesota Rules, part 9502.0335, subpart 12, the commissioner
may issue up to four licenses to an organization licensed under paragraph deleted text begin (b), (c), or (e)deleted text end new text begin (a),
clause (2), (3), or (5)new text end . Each license must have its own primary provider of care as required
under paragraph deleted text begin (i)deleted text end new text begin (d)new text end . Each license must operate as a distinct and separate program in
compliance with all applicable laws and regulations.
deleted text begin (h)deleted text end new text begin (c)new text end For licenses issued under paragraph deleted text begin (b), (c), (d), (e), or (f)deleted text end new text begin (a), clause (2), (3),
(4), (5), or (6)new text end , the commissioner may approve up to four licenses at the same location or
under one contiguous roof if each license holder is able to demonstrate compliance with all
applicable rules and laws. Each licensed program must operate as a distinct program and
within the capacity, age, and ratio distributions of each license.
deleted text begin (i)deleted text end new text begin (d)new text end For a license issued under paragraph deleted text begin (b), (c), or (e)deleted text end new text begin (a), clause (2), (3), or (5)new text end , the
license holder must designate a person to be the primary provider of care at the licensed
location on a form and in a manner prescribed by the commissioner. The license holder
shall notify the commissioner in writing before there is a change of the person designated
to be the primary provider of care. The primary provider of care:
(1) must be the person who will be the provider of care at the program and present during
the hours of operation;
(2) must operate the program in compliance with applicable laws and regulations under
chapter 245A and Minnesota Rules, chapter 9502;
(3) is considered a child care background study subject as defined in section 245C.02,
subdivision 6a, and must comply with background study requirements in chapter 245C;
(4) must complete the training that is required of license holders in section 245A.50;
and
(5) is authorized to communicate with the county licensing agency and the department
on matters related to licensing.
deleted text begin (j)deleted text end new text begin (e)new text end For any license issued under this subdivision, the license holder must ensure that
any other caregiver, substitute, or helper who assists in the care of children meets the training
requirements in section 245A.50 and background study requirements under chapter 245C.
Sec. 13.
Minnesota Statutes 2022, section 245A.1435, is amended to read:
245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH
IN LICENSED PROGRAMS.
(a) When a license holder is placing an infant to sleep, the license holder must place the
infant on the infant's back, unless the license holder has documentation from the infant's
physician, advanced practice registered nurse, or physician assistant directing an alternative
sleeping position for the infant. The physician, advanced practice registered nurse, or
physician assistant directive must be on a form deleted text begin approveddeleted text end new text begin developednew text end by the commissioner
and must remain on file at the licensed location. An infant who independently rolls onto its
stomach after being placed to sleep on its back may be allowed to remain sleeping on its
stomach if the infant is at least six months of age or the license holder has a signed statement
from the parent indicating that the infant regularly rolls over at home.
(b) The license holder must place the infant in a crib directly on a firm mattress with a
fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title
16, part 1511. new text begin The pacifier must be free from any sort of attachment. new text end The requirements of
this section apply to license holders serving infants younger than one year of age. Licensed
child care providers must meet the crib requirements under section 245A.146. A correction
order shall not be issued under this paragraph unless there is evidence that a violation
occurred when an infant was present in the license holder's care.
(c) If an infant falls asleep before being placed in a crib, the license holder must move
the infant to a crib as soon as practicable, and must keep the infant within sight of the license
holder until the infant is placed in a crib. When an infant falls asleep while being held, the
license holder must consider the supervision needs of other children in care when determining
how long to hold the infant before placing the infant in a crib to sleep. The sleeping infant
must not be in a position where the airway may be blocked or with anything covering the
infant's face.
new text begin
(d) When a license holder places an infant under one year of age down to sleep, the
infant's clothing or sleepwear must not have weighted materials, a hood, or a bib.
new text end
new text begin
(e) A license holder may place an infant under one year of age down to sleep wearing
a helmet if the license holder has signed documentation by a physician, advanced practice
registered nurse, physician assistant, licensed occupational therapist, or licensed physical
therapist on a form developed by the commissioner.
new text end
deleted text begin (d)deleted text end new text begin (f)new text end Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a deleted text begin one-piece sleeper equipped with an attached system that fastens
securely only across the upper torso, with no constriction of the hips or legs, to create adeleted text end
swaddle. new text begin A swaddle is defined as a one-piece sleepwear that wraps over the infant's arms,
fastens securely only across the infant's upper torso, and does not constrict the infant's hips
or legs. If a swaddle is used by a license holder, the license holder must ensure that it meets
the requirements of paragraph (d) and is not so tight that it restricts the infant's ability to
breathe or so loose that the fabric could cover the infant's nose and mouth. new text end Prior to any use
of swaddling for sleep by a provider licensed under this chapter, the license holder must
obtain informed written consent for the use of swaddling from the parent or guardian of the
infant on a form deleted text begin provideddeleted text end new text begin developednew text end by the commissioner deleted text begin and prepared in partnership with
the Minnesota Sudden Infant Death Centerdeleted text end .
new text begin
(g) A license holder may request a variance to this section to permit the use of a
cradleboard when requested by a parent or guardian for a cultural accommodation. A variance
for the use of a cradleboard may be issued only by the commissioner. The variance request
must be submitted on a form developed by the commissioner in partnership with Tribal
welfare agencies and the Department of Health.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 14.
Minnesota Statutes 2022, section 245A.146, subdivision 3, is amended to read:
Subd. 3.
License holder documentation of cribs.
(a) Annually, from the date printed
on the license, all license holders shall check all their cribs' brand names and model numbers
against the United States Consumer Product Safety Commission website listing of unsafe
cribs.
(b) The license holder shall maintain written documentation to be reviewed on site for
each crib showing that the review required in paragraph (a) has been completed, and which
of the following conditions applies:
(1) the crib was not identified as unsafe on the United States Consumer Product Safety
Commission website;
(2) the crib was identified as unsafe on the United States Consumer Product Safety
Commission website, but the license holder has taken the action directed by the United
States Consumer Product Safety Commission to make the crib safe; or
(3) the crib was identified as unsafe on the United States Consumer Product Safety
Commission website, and the license holder has removed the crib so that it is no longer
used by or accessible to children in care.
(c) Documentation of the review completed under this subdivision shall be maintained
by the license holder on site and made available to parents or guardians of children in care
and the commissioner.
(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider that
complies with this section may use a mesh-sided or fabric-sided play yard, pack and play,
or playpen or crib that has not been identified as unsafe on the United States Consumer
Product Safety Commission website for the care or sleeping of infants.
(e) On at least a monthly basis, the family child care license holder shall perform safety
inspections of every mesh-sided or fabric-sided play yard, pack and play, or playpen used
by or that is accessible to any child in care, and must document the following:
(1) there are no tears, holes, or loose or unraveling threads in mesh or fabric sides of
crib;
(2) the weave of the mesh on the crib is no larger than one-fourth of an inch;
(3) no mesh fabric is unsecure or unattached to top rail and floor plate of crib;
(4) no tears or holes to top rail of crib;
(5) the mattress floor board is not soft and does not exceed one inch thick;
(6) the mattress floor board has no rips or tears in covering;
(7) the mattress floor board in use is deleted text begin a waterproofdeleted text end new text begin annew text end original mattress or replacement
mattress provided by the manufacturer of the crib;
(8) there are no protruding or loose rivets, metal nuts, or bolts on the crib;
(9) there are no knobs or wing nuts on outside crib legs;
(10) there are no missing, loose, or exposed staples; and
(11) the latches on top and side rails used to collapse crib are secure, they lock properly,
and are not loose.
new text begin
(f) If a cradleboard is used in a licensed setting, the license holder must check the
cradleboard not less than monthly to ensure the cradleboard is structurally sound and there
are no loose or protruding parts. The license holder shall maintain written documentation
of this review.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 15.
Minnesota Statutes 2022, section 245A.16, subdivision 1, is amended to read:
Subdivision 1.
Delegation of authority to agencies.
(a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 245A.04 and background studies for family child care
under chapter 245C; to recommend denial of applicants under section 245A.05; to issue
correction orders, to issue variances, and recommend a conditional license under section
245A.06; or to recommend suspending or revoking a license or issuing a fine under section
245A.07, shall comply with rules and directives of the commissioner governing those
functions and with this section. The following variances are excluded from the delegation
of variance authority and may be issued only by the commissioner:
(1) dual licensure of family child care and child foster care, dual licensure of child and
adult foster care, and adult foster care and family child care;
(2) adult foster care maximum capacity;
(3) adult foster care minimum age requirement;
(4) child foster care maximum age requirement;
(5) variances regarding disqualified individuals except that, before the implementation
of NETStudy 2.0, county agencies may issue variances under section 245C.30 regarding
disqualified individuals when the county is responsible for conducting a consolidated
reconsideration according to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and
(b), of a county maltreatment determination and a disqualification based on serious or
recurring maltreatment;
(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;
(7) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; deleted text begin and
deleted text end
(8) variances to section 245A.53 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in carenew text begin ; and
new text end
new text begin (9) variances to section 245A.1435 for the use of a cradleboard for a cultural
accommodationnew text end .
Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must
not grant a license holder a variance to exceed the maximum allowable family child care
license capacity of 14 children.
(b) A county agency that has been designated by the commissioner to issue family child
care variances must:
(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and
(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.
(c) Before the implementation of NETStudy 2.0, county agencies must report information
about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision
2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the
commissioner at least monthly in a format prescribed by the commissioner.
(d) For family child care programs, the commissioner shall require a county agency to
conduct one unannounced licensing review at least annually.
(e) For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.
(f) A license issued under this section may be issued for up to two years.
(g) During implementation of chapter 245D, the commissioner shall consider:
(1) the role of counties in quality assurance;
(2) the duties of county licensing staff; and
(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.
Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.
(h) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county and
private agencies.
(i) A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:
(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;
(2) any death, serious injury, or determination of substantiated maltreatment; and
(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 16.
Minnesota Statutes 2022, section 245A.16, subdivision 9, is amended to read:
Subd. 9.
Licensed family foster settings.
(a) Before recommending to grant a license,
deny a license under section 245A.05, or revoke a license under section 245A.07 for
nondisqualifying background study information received under section 245C.05, subdivision
4, paragraph (a), clause (3), for a licensed family foster setting, a county agency or private
agency that has been designated or licensed by the commissioner must review the followingnew text begin
for the license holder, the applicant, and an individual living in the household where the
licensed services are provided or who is otherwise subject to a background studynew text end :
(1) the type of offenses;
(2) the number of offenses;
(3) the nature of the offenses;
(4) the age of the individual at the time of the offenses;
(5) the length of time that has elapsed since the last offense;
(6) the relationship of the offenses and the capacity to care for a child;
(7) evidence of rehabilitation;
(8) information or knowledge from community members regarding the individual's
capacity to provide foster care;
(9) any available information regarding child maltreatment reports or child in need of
protection or services petitions, or related cases, in which the individual has been involved
or implicated, and documentation that the individual has remedied issues or conditions
identified in child protection or court records that are relevant to safely caring for a child;
(10) a statement from the study subject;
(11) a statement from the license holder; and
(12) other aggravating and mitigating factors.
(b) For purposes of this section, "evidence of rehabilitation" includes but is not limited
to the following:
(1) maintaining a safe and stable residence;
(2) continuous, regular, or stable employment;
(3) successful participation in an education or job training program;
(4) positive involvement with the community or extended family;
(5) compliance with the terms and conditions of probation or parole following the
individual's most recent conviction;
(6) if the individual has had a substance use disorder, successful completion of a substance
use disorder assessment, substance use disorder treatment, and recommended continuing
care, if applicable, demonstrated abstinence from controlled substances, as defined in section
152.01, subdivision 4, or the establishment of a sober network;
(7) if the individual has had a mental illness or documented mental health issues,
demonstrated completion of a mental health evaluation, participation in therapy or other
recommended mental health treatment, or appropriate medication management, if applicable;
(8) if the individual's offense or conduct involved domestic violence, demonstrated
completion of a domestic violence or anger management program, and the absence of any
orders for protection or harassment restraining orders against the individual since the previous
offense or conduct;
(9) written letters of support from individuals of good repute, including but not limited
to employers, members of the clergy, probation or parole officers, volunteer supervisors,
or social services workers;
(10) demonstrated remorse for convictions or conduct, or demonstrated positive behavior
changes; and
(11) absence of convictions or arrests since the previous offense or conduct, including
any convictions that were expunged or pardoned.
(c) An applicant for a family foster setting license must sign all releases of information
requested by the county or private licensing agency.
(d) When licensing a relative for a family foster setting, the commissioner shall also
consider the importance of maintaining the child's relationship with relatives as an additional
significant factor in determining whether an application will be denied.
(e) When recommending that the commissioner deny or revoke a license, the county or
private licensing agency must send a summary of the review completed according to
paragraph (a), on a form developed by the commissioner, to the commissioner and include
any recommendation for licensing action.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Minnesota Statutes 2022, section 245A.16, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Electronic checklist use by family child care licensors. new text end
new text begin
County staff who
perform family child care licensing functions must use the commissioner's electronic licensing
checklist in the manner prescribed by the commissioner.
new text end
Sec. 18.
Minnesota Statutes 2022, section 245A.18, subdivision 2, is amended to read:
Subd. 2.
Child passenger restraint systems; training requirement.
(a) Programs
licensed by the Department of Human Services under new text begin this chapter and new text end Minnesota Rules,
chapter 2960, that serve a child or children under eight years of age must document training
that fulfills the requirements in this subdivision.
(b) Before a license holder, staff person, or caregiver transports a child or children under
age eight 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
Minnesota Rules, part 2960.3070, subparts 1 and 2.
(c) Training required under this section must be 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 deleted text begin Department of Public Safety,deleted text end Office of Traffic Safetynew text begin within the Department
of Public Safetynew text end . License holders may obtain a list of certified and approved trainers through
the Department of Public Safety website or by contacting the agency.
(e) Notwithstanding paragraph (a), for an emergency relative placement under section
245A.035, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety check up. The child seat safety check up
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety check up must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the other requirements of this subdivision prior to placement
of another foster child younger than eight years of age in the home or prior to the renewal
of the child foster care license.
Sec. 19.
Minnesota Statutes 2022, section 245A.22, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Maltreatment of minors training requirements. new text end
new text begin
The license holder must
train each mandatory reporter as described in section 260E.06, subdivision 1, on the
maltreatment of minors reporting requirements and definitions in chapter 260E before the
mandatory reporter has direct contact, as defined in section 245C.02, subdivision 11, with
a person served by the program. The license holder must train each mandatory reporter
annually thereafter.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 20.
new text begin
[245A.42] CHILD CARE CENTER HIRING PRACTICES.
new text end
new text begin
As part of the employment assessment process, a child care center license holder or staff
person may observe how a prospective employee interacts with children in the licensed
facility. The prospective employee is not considered a child care background study subject
under section 245C.02, subdivision 6a, provided the prospective employee is under
continuous direct supervision by a staff person when the prospective employee has physical
access to a child served by the center. The observation period shall not be longer than two
hours, and a prospective employee must not be counted in staff-to-child ratios.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2023.
new text end
Sec. 21.
Minnesota Statutes 2022, section 245A.50, subdivision 3, is amended to read:
Subd. 3.
First aid.
(a) Before initial licensure and before caring for a child, license
holders, second adult caregivers, and substitutes must be trained in pediatric 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 include individuals approved as first aid instructors. License holders, second
adult caregivers, and substitutes must repeat pediatric first aid training every two years.
deleted text begin When the training expires, it must be retaken no later than the day before the anniversary
of the license holder's license effective date.deleted text end new text begin License holders, second adult caregivers, and
substitutes must not let the training expire.
new text end
(b) Video training reviewed and approved by the county licensing agency satisfies the
training requirement of this subdivision.
Sec. 22.
Minnesota Statutes 2022, section 245A.50, subdivision 4, is amended to read:
Subd. 4.
Cardiopulmonary resuscitation.
(a) Before initial licensure and before caring
for a child, license holders, second adult caregivers, and substitutes must be trained in
pediatric cardiopulmonary resuscitation (CPR), including CPR techniques for infants and
children, and in the treatment of obstructed airways. The CPR training must have been
provided by an individual approved to provide CPR instruction. License holders, second
adult caregivers, and substitutes must repeat pediatric CPR training at least once every two
years and must document the training in the license holder's records. deleted text begin When the training
expires, it must be retaken no later than the day before the anniversary of the license holder's
license effective date.deleted text end new text begin License holders, second adult caregivers, and substitutes must not let
the training expire.
new text end
(b) Persons providing CPR training must use CPR training that has been developed:
(1) by the American Heart Association or the American Red Cross and incorporates
psychomotor skills to support the instruction; or
(2) using nationally recognized, evidence-based guidelines for CPR training and
incorporates psychomotor skills to support the instruction.
Sec. 23.
Minnesota Statutes 2022, section 245A.50, subdivision 5, is amended to read:
Subd. 5.
Sudden unexpected infant death and abusive head trauma training.
(a)
License holders must ensure and document that before the license holder, second adult
caregivers, substitutes, and helpers assist in the care of infants, they are instructed on the
standards in section 245A.1435 and receive training on reducing the risk of sudden
unexpected infant death. In addition, license holders must ensure and document that before
the license holder, second adult caregivers, substitutes, and helpers assist in the care of
infants and children under school age, they receive training on reducing the risk of abusive
head trauma from shaking infants and young children. The training in this subdivision may
be provided as initial training under subdivision 1 or ongoing annual training under
subdivision 7.
(b) Sudden unexpected infant death reduction training required under this subdivision
must, at a minimum, address the risk factors related to sudden unexpected infant death,
means of reducing the risk of sudden unexpected infant death in child care, and license
holder communication with parents regarding reducing the risk of sudden unexpected infant
death.
(c) Abusive head trauma training required under this subdivision must, at a minimum,
address the risk factors related to shaking infants and young children, means of reducing
the risk of abusive head trauma in child care, and license holder communication with parents
regarding reducing the risk of abusive head trauma.
(d) Training for family and group family child care providers must be developed by the
commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved
by the Minnesota Center for Professional Development. Sudden unexpected infant death
reduction training and abusive head trauma training may be provided in a single course of
no more than two hours in length.
(e) Sudden unexpected infant death reduction training and abusive head trauma training
required under this subdivision must be completed in person or as allowed under subdivision
10, clause (1) or (2), at least once every two years. deleted text begin When the training expires, it must be
retaken no later than the day before the anniversary of the license holder's license effective
date.deleted text end On the years when the individual receiving training is not receiving training in person
or as allowed under subdivision 10, clause (1) or (2), the individual receiving training in
accordance with this subdivision must receive sudden unexpected infant death reduction
training and abusive head trauma training through a video of no more than one hour in
length. The video must be developed or approved by the commissioner.
(f) An individual who is related to the license holder as defined in section 245A.02,
subdivision 13, and who is involved only in the care of the license holder's own infant or
child under school age and who is not designated to be a second adult caregiver, helper, or
substitute for the licensed program, is exempt from the sudden unexpected infant death and
abusive head trauma training.
Sec. 24.
Minnesota Statutes 2022, section 245A.50, subdivision 6, is amended to read:
Subd. 6.
Child passenger restraint systems; training requirement.
(a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.
(b) Family and group family child care programs licensed by the Department of Human
Services that serve a child or children under eight years of age must document training that
fulfills the requirements in this subdivision.
(1) Before a license holder, second adult caregiver, substitute, or helper transports a
child or children under age eight in a motor vehicle, the person placing the child or children
in a passenger restraint must satisfactorily complete training on the proper use and installation
of child restraint systems in motor vehicles. Training completed under this subdivision may
be used to meet initial training under subdivision 1 or ongoing training under subdivision
7.
(2) Training required under this subdivision must be at least one hour in length, completed
at initial training, and repeated at least once every five years. deleted text begin When the training expires, it
must be retaken no later than the day before the anniversary of the license holder's license
effective date.deleted text end 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.
(3) Training under this subdivision 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
website or by contacting the agency.
(c) Child care providers that only transport school-age children as defined in section
245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e), are exempt from this subdivision.
Sec. 25.
Minnesota Statutes 2022, section 245A.50, subdivision 9, is amended to read:
Subd. 9.
Supervising for safety; training requirement.
(a) Courses required by this
subdivision must include the following health and safety topics:
(1) preventing and controlling infectious diseases;
(2) administering medication;
(3) preventing and responding to allergies;
(4) ensuring building and physical premises safety;
(5) handling and storing biological contaminants;
(6) preventing and reporting child abuse and maltreatment; and
(7) emergency preparedness.
(b) Before initial licensure and before caring for a child, all family child care license
holders and each second adult caregiver shall complete and document the completion of
the six-hour Supervising for Safety for Family Child Care course developed by the
commissioner.
(c) The license holder must ensure and document that, before caring for a child, all
substitutes have completed the four-hour Basics of Licensed Family Child Care for
Substitutes course developed by the commissioner, which must include health and safety
topics as well as child development and learning.
(d) The family child care license holder and each second adult caregiver shall complete
and document:
(1) the annual completion of either:
(i) a two-hour active supervision course developed by the commissioner; or
(ii) any courses in the ensuring safety competency area under the health, safety, and
nutrition standard of the Knowledge and Competency Framework that the commissioner
has identified as an active supervision training course; and
(2) the completion at least once every five years of the two-hour courses Health and
Safety I and Health and Safety II. deleted text begin When the training is due for the first time or expires, it
must be taken no later than the day before the anniversary of the license holder's license
effective date.deleted text end A license holder's or second adult caregiver's completion of either training
in a given year meets the annual active supervision training requirement in clause (1).
(e) At least once every three years, license holders must ensure and document that
substitutes have completed the four-hour Basics of Licensed Family Child Care for
Substitutes course. deleted text begin When the training expires, it must be retaken no later than the day before
the anniversary of the license holder's license effective date.
deleted text end
Sec. 26.
Minnesota Statutes 2022, section 245A.52, subdivision 1, is amended to read:
Subdivision 1.
Means of escape.
(a)(1) At least one emergency escape route separate
from the main exit from the space must be available in each room used for sleeping by
anyone receiving licensed care, and (2) a basement used for child care. One means of escape
must be a stairway or door leading to the floor of exit discharge. The other must be a door
or window leading directly outside. A window used as an emergency escape route must be
openable without special knowledge.
(b) In homes with construction that began before deleted text begin May 2, 2016deleted text end new text begin March 31, 2020new text end , the
interior of the window leading directly outside must have a net clear opening area of not
less than 4.5 square feet or 648 square inches and have minimum clear opening dimensions
of 20 inches wide and 20 inches high. new text begin The net clear opening dimensions shall be the result
of normal operation of the opening. new text end The opening must be no higher than 48 inches from the
floor. The height to the window may be measured from a platform if a platform is located
below the window.
(c) In homes with construction that began on or after deleted text begin May 2, 2016deleted text end new text begin March 31, 2020new text end , the
interior of the window leading directly outside must have minimum clear opening dimensions
of 20 inches wide and 24 inches high. The net clear opening dimensions shall be the result
of normal operation of the opening. The opening must be no higher than 44 inches from the
floor.
deleted text begin (d)deleted text end Additional requirements are dependent on the distance of the openings from the ground
outside the window: (1) windows or other openings with a sill height not more than 44
inches above or below the finished ground level adjacent to the opening (grade-floor
emergency escape and rescue openings) must have a minimum opening of five square feet;
and (2) non-grade-floor emergency escape and rescue openings must have a minimum
opening of 5.7 square feet.
Sec. 27.
Minnesota Statutes 2022, section 245A.52, subdivision 3, is amended to read:
Subd. 3.
Heating and venting systems.
new text begin (a) new text end Notwithstanding Minnesota Rules, part
9502.0425, subpart 7, new text begin item C, new text end items that can be ignited and support combustion, including
but not limited to plastic, fabric, and wood products must not be located withinnew text begin :
new text end
new text begin (1)new text end 18 inches of a gas or fuel-oil heater or furnacedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) 36 inches of a solid-fuel-burning appliance.
new text end
new text begin (b)new text end If a license holder produces manufacturer instructions listing a smaller distance, then
the manufacturer instructions control the distance combustible items must be from gas,
fuel-oil, or solid-fuel burning heaters or furnaces.
Sec. 28.
Minnesota Statutes 2022, section 245A.52, subdivision 5, is amended to read:
Subd. 5.
Carbon monoxide and smoke alarms.
(a) All homes must have an approved
and operational carbon monoxide alarm installed within ten feet of each room used for
sleeping children in care.
(b) Smoke alarms that have been listed by the Underwriter Laboratory must be properly
installed and maintained deleted text begin on all levels including basements, but not including crawl spaces
and uninhabitable attics, and in hallways outside rooms used for sleeping children in care.deleted text end new text begin
in hallways outside of rooms used for sleeping children and on all levels, including basements
but not including crawl spaces and uninhabitable attics.
new text end
(c) In homes with construction that began on or after deleted text begin May 2, 2016deleted text end new text begin March 31, 2020new text end ,
smoke alarms must be installed and maintained in each room used for sleeping children in
care.
Sec. 29.
Minnesota Statutes 2022, section 245A.52, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Fire code variances. new text end
new text begin
When a variance is requested of the standards contained
in subdivision 1, 2, 3, 4, or 5, an applicant or provider must submit written approval from
the state fire marshal of the variance requested and the alternative measures identified to
ensure the safety of children in care.
new text end
Sec. 30.
Minnesota Statutes 2022, section 245A.66, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Ongoing training requirement. new text end
new text begin
(a) In addition to the orientation training
required by the applicable licensing rules and statutes, children's residential facility and
private child-placing agency license holders must provide a training annually on the
maltreatment of minors reporting requirements and definitions in chapter 260E to each
mandatory reporter, as described in section 260E.06, subdivision 1.
new text end
new text begin
(b) In addition to the orientation training required by the applicable licensing rules and
statutes, all family child foster care license holders and caregivers and foster residence
setting staff and volunteers that are mandatory reporters as described in section 260E.06,
subdivision 1, must complete training each year on the maltreatment of minors reporting
requirements and definitions in chapter 260E.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 31.
Minnesota Statutes 2022, section 245G.13, subdivision 2, is amended to read:
Subd. 2.
Staff development.
(a) A license holder must ensure that each staff member
has the training described in this subdivision.
(b) Each staff member must be trained every two years in:
(1) client confidentiality rules and regulations and client ethical boundaries; and
(2) emergency procedures and client rights as specified in sections 144.651, 148F.165,
and 253B.03.
(c) Annually each staff member with direct contact must be trained on mandatory
reporting as specified in sections 245A.65, 626.557, and 626.5572, and chapter 260E,
including specific training covering the license holder's policies for obtaining a release of
client information.
(d) Upon employment and annually thereafter, each staff member with direct contact
must receive training on HIV minimum standards according to section 245A.19.
new text begin
(e) The license holder must ensure that each mandatory reporter, as described in section
260E.06, subdivision 1, is trained on the maltreatment of minors reporting requirements
and definitions in chapter 260E before the mandatory reporter has direct contact, as defined
in section 245C.02, subdivision 11, with a person served by the program.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end A treatment director, supervisor, nurse, or counselor must have a minimum of 12
hours of training in co-occurring disorders that includes competencies related to philosophy,
trauma-informed care, screening, assessment, diagnosis and person-centered treatment
planning, documentation, programming, medication, collaboration, mental health
consultation, and discharge planning. A new staff member who has not obtained the training
must complete the training within six months of employment. A staff member may request,
and the license holder may grant, credit for relevant training obtained before employment,
which must be documented in the staff member's personnel file.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 32.
Minnesota Statutes 2022, section 245H.01, subdivision 5, is amended to read:
Subd. 5.
Certified license-exempt child care center.
"Certified license-exempt child
care center" means the commissioner's written authorization for a child care center excluded
from licensure under section 245A.03, subdivision 2, paragraph (a), clause (5), (11) to (13),
(15), (18), deleted text begin ordeleted text end (26)new text begin , or (30)new text end , to register to receive child care assistance payments under chapter
119B.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 33.
Minnesota Statutes 2022, section 245H.02, is amended to read:
245H.02 WHO MUST BE CERTIFIED.
A program that is exempt from licensure under section 245A.03, subdivision 2, paragraph
(a), clause (5), (11) to (13), (15), (18), deleted text begin ordeleted text end (26), deleted text begin and is authorized to receive child care
assistance payments under chapter 119Bdeleted text end new text begin or (30)new text end , must be a certified license-exempt child
care center according to this sectionnew text begin to receive child care assistance payments under chapter
119Bnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 34.
Minnesota Statutes 2022, section 245H.03, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Notification required. new text end
new text begin
(a) A certification holder must notify the commissioner,
in a manner prescribed by the commissioner, and obtain the commissioner's approval before
making any changes:
new text end
new text begin
(1) to the certification holder as defined in section 245H.01, subdivision 4;
new text end
new text begin
(2) to the certification holder information on file with the secretary of state or Department
of Revenue;
new text end
new text begin
(3) in the location of the program certified under this chapter;
new text end
new text begin
(4) to the ages of children served by the program; or
new text end
new text begin
(5) to the certified center's schedule including its:
new text end
new text begin
(i) yearly schedule;
new text end
new text begin
(ii) hours of operation; or
new text end
new text begin
(iii) days of the week it is open.
new text end
new text begin
(b) When, for reasons beyond the certification holder's control, a certification holder
cannot provide the commissioner with prior notice of the changes in paragraph (a), the
certification holder must notify the commissioner by the tenth business day after the change
and must provide any additional information requested by the commissioner.
new text end
new text begin
(c) When a certification holder notifies the commissioner of a change to the certification
holder information on file with the secretary of state, the certification holder must provide
documentation of the change.
new text end
new text begin
(d) Upon implementation of the provider licensing and reporting hub, certification holders
must enter and update information in the hub in a manner prescribed by the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 35.
Minnesota Statutes 2022, section 245H.05, is amended to read:
245H.05 MONITORING AND INSPECTIONS.
(a) The commissioner must conduct an on-site inspection of a certified license-exempt
child care center at least deleted text begin annuallydeleted text end new text begin once each calendar yearnew text end to determine compliance with
the health, safety, and fire standards specific to a certified license-exempt child care center.
(b) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports for all certified centers including
the number of deaths, serious injuries, and instances of substantiated child maltreatment
that occurred in certified centers each year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 36.
Minnesota Statutes 2022, section 245H.08, subdivision 4, is amended to read:
Subd. 4.
Maximum group size.
(a) For a child six weeks old through 16 months old,
the maximum group size shall be no more than eight children.
(b) For a child 16 months old through 33 months old, the maximum group size shall be
no more than 14 children.
(c) For a child 33 months old through prekindergarten, a maximum group size shall be
no more than 20 children.
(d) For a child in kindergarten through 13 years old, a maximum group size shall be no
more than 30 children.
(e) The maximum group size applies at all times except during group activity coordination
time not exceeding 15 minutes, during a meal, outdoor activity, field trip, nap and rest, and
special activity including a film, guest speaker, indoor large muscle activity, or holiday
program.
new text begin
(f) Notwithstanding paragraph (d), a certified center may continue to serve a child 14
years of age or older if one of the following conditions is true:
new text end
new text begin
(1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
new text end
new text begin
(2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 37.
Minnesota Statutes 2022, section 245H.08, subdivision 5, is amended to read:
Subd. 5.
Ratios.
(a) The minimally acceptable staff-to-child ratios are:
| six weeks old through 16 months old |
1:4 |
| 16 months old through 33 months old |
1:7 |
| 33 months old through prekindergarten |
1:10 |
| kindergarten through 13 years old |
1:15 |
(b) Kindergarten includes a child of sufficient age to have attended the first day of
kindergarten or who is eligible to enter kindergarten within the next four months.
(c) For mixed groups, the ratio for the age group of the youngest child applies.
new text begin
(d) Notwithstanding paragraph (a), a certified center may continue to serve a child 14
years of age or older if one of the following conditions is true:
new text end
new text begin
(1) the child remains eligible for child care assistance under section 119B.09, subdivision
1, paragraph (e); or
new text end
new text begin
(2) the certified center serves only school-age children in a setting that has students
enrolled in no grade higher than 8th grade.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 38.
Minnesota Statutes 2022, section 245H.13, subdivision 3, is amended to read:
Subd. 3.
Administration of medication.
(a) A certified center that chooses to administer
medicine must meet the requirements in this subdivision.
(b) The certified center must obtain written permission from the child's parent or legal
guardian before administering prescription medicine,new text begin nonprescription medicine,new text end diapering
product, sunscreen lotion, and insect repellent.
(c) The certified center must administer nonprescription medicine, diapering product,
sunscreen lotion, and insect repellent according to the manufacturer's instructions unless
provided written instructions by a licensed health professional to use a product differently.
(d) The certified center must obtain and follow written instructions from the prescribing
health professional before administering prescription medicine. Medicine with the child's
first and last name and current prescription information on the label is considered written
instructions.
(e) The certified center must ensure allnew text begin prescription and nonprescriptionnew text end medicine is:
(1) kept in the medicine's original container with a legible label stating the child's first
and last name;
(2) given only to the child whose name is on the label;
(3) not given after an expiration date on the label; and
(4) returned to the child's parent or legal guardian or destroyed, if unused.
(f) The certified center must document in the child's record the administration ofnew text begin
prescription and nonprescriptionnew text end medication, including the child's first and last name; the
name of the medication or prescription number; the date, time, and dosage; and the name
and signature of the person who administered the medicine. This documentation must be
available to the child's parent or legal guardian.
(g) The certified center must storenew text begin prescription and nonprescriptionnew text end medicines, insect
repellents, and diapering products according to directions on the original container.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 39.
Minnesota Statutes 2022, section 245H.13, subdivision 7, is amended to read:
Subd. 7.
Risk reduction plan.
(a) The certified center must develop a risk reduction
plan that identifies risks to children served by the child care center. The assessment of risk
must include risks presented by (1) the physical plant where the certified services are
provided, including electrical hazards; and (2) the environment, including the proximity to
busy roads and bodies of water.
(b) The certification holder must establish policies and procedures to minimize identified
risks. After any change to the risk reduction plan, the certification holder must inform staff
of the change in the risk reduction plan and document that staff were informed of the change.
new text begin
(c) If middle-school-age children are enrolled in the center and combined with elementary
children, the certification holder must establish policies and procedures to ensure adequate
supervision as defined in subdivision 10 when children are grouped together.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 40. new text begin DIRECTION TO COMMISSIONER; AMENDING THE DEFINITION OF
EDUCATION.
new text end
new text begin
(a) The commissioner of human services must amend Minnesota Rules, part 9503.0030,
subpart 1, item B, to include accredited course work from an accredited postsecondary
institution that can be shown to be relevant to the primary skills necessary to meet the
qualifications of a teacher.
new text end
new text begin
(b) For purposes of this section, the commissioner may use the good cause exemption
process under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota
Statutes, section 14.386, does not apply.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 41. new text begin DIRECTION TO COMMISSIONER; TEMPORARY CHANGES TO STAFF
QUALIFICATION RULES FOR CHILD CARE CENTERS.
new text end
new text begin
(a) Notwithstanding Minnesota Rules, part 9503.0033, the commissioner of human
services must allow a licensed child care center to hire an individual as an assistant teacher
if the individual is at least 18 years old, has been employed in a direct child-serving role at
the center for a minimum of 30 days, is enrolled in a child development associate credential
program at the time of hire or will be within 60 days of being hired, and completes the child
development associate credential from the Council for Professional Recognition within one
year of the individual's hiring date.
new text end
new text begin
(b) This section expires July 1, 2025. A licensed child care center may continue to employ
any individual hired under this section as an assistant teacher after the expiration of this
section.
new text end
ARTICLE 5
ECONOMIC ASSISTANCE
Section 1.
Minnesota Statutes 2022, section 119B.011, subdivision 3, is amended to read:
Subd. 3.
Application.
"Application" means the submission to a county agency, by or
on behalf of a family, of a completed, signed, and dated:
(1) child care assistance universal application form; or
(2) child care addendum form in combination with a combined application form for
MFIPdeleted text begin , DWP,deleted text end or Supplemental Nutrition Assistance Program (SNAP) benefits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 2.
Minnesota Statutes 2022, section 119B.011, subdivision 15, is amended to read:
Subd. 15.
Income.
"Income" means earned income as defined under section 256P.01,
subdivision 3, unearned income as defined under section 256P.01, subdivision 8, and public
assistance cash benefits, including the Minnesota family investment program, deleted text begin diversionary
work program,deleted text end work benefit, Minnesota supplemental aid, general assistance, refugee cash
assistance, at-home infant child care subsidy payments, and child support and maintenance
distributed to the family under section 256.741, subdivision 2a.
The following are deducted from income: funds used to pay for health insurance
premiums for family members, and child or spousal support paid to or on behalf of a person
or persons who live outside of the household. Income sources not included in this subdivision
and section 256P.06, subdivision 3, are not countednew text begin as incomenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 3.
Minnesota Statutes 2022, section 119B.02, subdivision 4, is amended to read:
Subd. 4.
Universal application form.
The commissioner must develop and make
available to all counties a universal application form for child care assistance under this
chapter. The commissioner may develop and make available to all counties a child care
addendum form to be used to supplement the combined application form for MFIPdeleted text begin , DWP,deleted text end
or Supplemental Nutrition Assistance Program (SNAP) benefits or to supplement other
statewide application forms for public assistance programs for families applying for one of
these programs in addition to child care assistance. The application must provide notice of
eligibility requirements for assistance and penalties for wrongfully obtaining assistance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 4.
Minnesota Statutes 2022, section 119B.025, subdivision 4, is amended to read:
Subd. 4.
Changes in eligibility.
(a) The county shall process a change in eligibility
factors according to paragraphs (b) to (g).
(b) A family is subject to the reporting requirements in section 256P.07new text begin , subdivision 6new text end .
(c) If a family reports a change or a change is known to the agency before the family's
regularly scheduled redetermination, the county must act on the change. The commissioner
shall establish standards for verifying a change.
(d) A change in income occurs on the day the participant received the first payment
reflecting the change in income.
(e) During a family's 12-month eligibility period, if the family's income increases and
remains at or below 85 percent of the state median income, adjusted for family size, there
is no change to the family's eligibility. The county shall not request verification of the
change. The co-payment fee shall not increase during the remaining portion of the family's
12-month eligibility period.
(f) During a family's 12-month eligibility period, if the family's income increases and
exceeds 85 percent of the state median income, adjusted for family size, the family is not
eligible for child care assistance. The family must be given 15 calendar days to provide
verification of the change. If the required verification is not returned or confirms ineligibility,
the family's eligibility ends following a subsequent 15-day adverse action notice.
(g) Notwithstanding Minnesota Rules, parts 3400.0040, subpart 3, and 3400.0170,
subpart 1, if an applicant or participant reports that employment ended, the agency may
accept a signed statement from the applicant or participant as verification that employment
ended.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 5.
Minnesota Statutes 2022, section 119B.03, subdivision 3, is amended to read:
Subd. 3.
Eligible participants.
Families that meet the eligibility requirements under
sections 119B.09 and 119B.10, except MFIP participantsdeleted text begin , diversionary work program,deleted text end and
transition year families are eligible for child care assistance under the basic sliding fee
program. Families enrolled in the basic sliding fee program shall be continued until they
are no longer eligible. Child care assistance provided through the child care fund is considered
assistance to the parent.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 6.
Minnesota Statutes 2022, section 119B.03, subdivision 4, is amended to read:
Subd. 4.
Funding priority.
(a) First priority for child care assistance under the basic
sliding fee program must be given to eligible non-MFIP families who do not have a high
school diploma or commissioner of education-selected high school equivalency certification
or who need remedial and basic skill courses in order to pursue employment or to pursue
education leading to employment and who need child care assistance to participate in the
education program. This includes student parents as defined under section 119B.011,
subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(b) Second priority must be given to parents who have completed their MFIP deleted text begin or DWPdeleted text end
transition yeardeleted text begin , or parents who are no longer receiving or eligible for diversionary work
program supportsdeleted text end .
(c) Third priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.
(d) Fourth priority must be given to families in which at least one parent is a veteran as
defined under section 197.447.
(e) Families under paragraph (b) must be added to the basic sliding fee waiting list on
the date they begin the transition year under section 119B.011, subdivision 20, and must
be moved into the basic sliding fee program as soon as possible after they complete their
transition year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 7.
Minnesota Statutes 2022, section 119B.03, subdivision 4a, is amended to read:
Subd. 4a.
Temporary reprioritization.
(a) Notwithstanding subdivision 4, priority for
child care assistance under the basic sliding fee assistance program shall be determined
according to this subdivision beginning July 1, 2021, through May 31, 2024.
(b) First priority must be given to eligible non-MFIP families who do not have a high
school diploma or commissioner of education-selected high school equivalency certification
or who need remedial and basic skill courses in order to pursue employment or to pursue
education leading to employment and who need child care assistance to participate in the
education program. This includes student parents as defined under section 119B.011,
subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(c) Second priority must be given to families in which at least one parent is a veteran,
as defined under section 197.447.
(d) Third priority must be given to eligible families who do not meet the specifications
of paragraph (b), (c), (e), or (f).
(e) Fourth priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.
(f) Fifth priority must be given to eligible families receiving services under section
119B.011, subdivision 20a, if the parents have completed their MFIP deleted text begin or DWPdeleted text end transition
yeardeleted text begin , or if the parents are no longer receiving or eligible for DWP supportsdeleted text end .
(g) Families under paragraph (f) must be added to the basic sliding fee waiting list on
the date they complete their transition year under section 119B.011, subdivision 20.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 8.
Minnesota Statutes 2022, section 119B.05, subdivision 1, is amended to read:
Subdivision 1.
Eligible participants.
Families eligible for child care assistance under
the MFIP child care program are:
(1) MFIP participants who are employed or in job search and meet the requirements of
section 119B.10;
(2) persons who are members of transition year families under section 119B.011,
subdivision 20, and meet the requirements of section 119B.10;
deleted text begin
(3) families who are participating in employment orientation or job search, or other
employment or training activities that are included in an approved employability development
plan under section 256J.95;
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end MFIP families who are participating in work job search, job support, employment,
or training activities as required in their employment plan, or in appeals, hearings,
assessments, or orientations according to chapter 256J;
deleted text begin (5)deleted text end new text begin (4)new text end MFIP families who are participating in social services activities under chapter
256J as required in their employment plan approved according to chapter 256J;
deleted text begin (6)deleted text end new text begin (5)new text end families who are participating in services or activities that are included in an
approved family stabilization plan under section 256J.575;
deleted text begin (7)deleted text end new text begin (6)new text end families who are participating in programs as required in tribal contracts under
section 119B.02, subdivision 2, or 256.01, subdivision 2;
deleted text begin (8)deleted text end new text begin (7)new text end families who are participating in the transition year extension under section
119B.011, subdivision 20a;
deleted text begin (9)deleted text end new text begin (8)new text end student parents as defined under section 119B.011, subdivision 19b; and
deleted text begin (10)deleted text end new text begin (9)new text end student parents who turn 21 years of age and who continue to meet the other
requirements under section 119B.011, subdivision 19b. A student parent continues to be
eligible until the student parent is approved for basic sliding fee child care assistance or
until the student parent's redetermination, whichever comes first. At the student parent's
redetermination, if the student parent was not approved for basic sliding fee child care
assistance, a student parent's eligibility ends following a 15-day adverse action notice.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 9.
Minnesota Statutes 2022, section 119B.09, subdivision 7, is amended to read:
Subd. 7.
Date of eligibility for assistance.
(a) The date of eligibility for child care
assistance under this chapter is the later of the date the application was received by the
county; the beginning date of employment, education, or training; the date the infant is born
for applicants to the at-home infant care program; or the date a determination has been made
that the applicant is a participant in employment and training services under Minnesota
Rules, part 3400.0080, or chapter 256J.
(b) Payment ceases for a family under the at-home infant child care program when a
family has used a total of 12 months of assistance as specified under section 119B.035.
Payment of child care assistance for employed persons on MFIP is effective the date of
employment or the date of MFIP eligibility, whichever is later. Payment of child care
assistance for MFIP deleted text begin or DWPdeleted text end participants in employment and training services is effective
the date of commencement of the services or the date of MFIP deleted text begin or DWPdeleted text end eligibility, whichever
is later. Payment of child care assistance for transition year child care must be made
retroactive to the date of eligibility for transition year child care.
(c) Notwithstanding paragraph (b), payment of child care assistance for participants
eligible under section 119B.05 may only be made retroactive for a maximum of three months
from the date of application for child care assistance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 10.
Minnesota Statutes 2022, section 119B.095, subdivision 2, is amended to read:
Subd. 2.
Maintain steady child care authorizations.
(a) Notwithstanding Minnesota
Rules, chapter 3400, the amount of child care authorized under section 119B.10 for
employment, education, or an MFIP deleted text begin or DWPdeleted text end employment plan shall continue at the same
number of hours or more hours until redetermination, including:
(1) when the other parent moves in and is employed or has an education plan under
section 119B.10, subdivision 3, or has an MFIP deleted text begin or DWPdeleted text end employment plan; or
(2) when the participant's work hours are reduced or a participant temporarily stops
working or attending an approved education program. Temporary changes include, but are
not limited to, a medical leave, seasonal employment fluctuations, or a school break between
semesters.
(b) The county may increase the amount of child care authorized at any time if the
participant verifies the need for increased hours for authorized activities.
(c) The county may reduce the amount of child care authorized if a parent requests a
reduction or because of a change in:
(1) the child's school schedule;
(2) the custody schedule; or
(3) the provider's availability.
(d) The amount of child care authorized for a family subject to subdivision 1, paragraph
(b), must change when the participant's activity schedule changes. Paragraph (a) does not
apply to a family subject to subdivision 1, paragraph (b).
(e) When a child reaches 13 years of age or a child with a disability reaches 15 years of
age, the amount of child care authorized shall continue at the same number of hours or more
hours until redetermination.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 11.
Minnesota Statutes 2022, section 119B.095, subdivision 3, is amended to read:
Subd. 3.
Assistance for persons who are homeless.
An applicant who is homeless and
eligible for child care assistance is exempt from the activity participation requirements under
this chapter for three months. The applicant under this subdivision is eligible for 60 hours
of child care assistance per service period for three months from the date the county receives
the application. Additional hours may be authorized as needed based on the applicant's
participation in employment, education, or MFIP deleted text begin or DWPdeleted text end employment plan. To continue
receiving child care assistance after the initial three months, the applicant must verify that
the applicant meets eligibility and activity requirements for child care assistance under this
chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 12.
Minnesota Statutes 2022, section 119B.10, subdivision 1, is amended to read:
Subdivision 1.
Assistance for persons seeking and retaining employment.
(a) Persons
who are seeking employment and who are eligible for assistance under this section are
eligible to receive up to 240 hours of child care assistance per calendar year.
(b) At application and redetermination, employed persons who work at least an average
of 20 hours and full-time students who work at least an average of ten hours a week and
receive at least a minimum wage for all hours worked are eligible for child care assistance
for employment. For purposes of this section, work-study programs must be counted as
employment. An employed person with an MFIP deleted text begin or DWPdeleted text end employment plan shall receive
child care assistance as specified in the person's employment plan. Child care assistance
during employment must be authorized as provided in paragraphs (c) and (d).
(c) When the person works for an hourly wage and the hourly wage is equal to or greater
than the applicable minimum wage, child care assistance shall be provided for the hours of
employment, break, and mealtime during the employment and travel time up to two hours
per day.
(d) When the person does not work for an hourly wage, child care assistance must be
provided for the lesser of:
(1) the amount of child care determined by dividing gross earned income by the applicable
minimum wage, up to one hour every eight hours for meals and break time, plus up to two
hours per day for travel time; or
(2) the amount of child care equal to the actual amount of child care used during
employment, including break and mealtime during employment, and travel time up to two
hours per day.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 13.
Minnesota Statutes 2022, section 119B.10, subdivision 3, is amended to read:
Subd. 3.
Assistance for persons attending an approved education or training
program.
(a) Money for an eligible person according to sections 119B.03, subdivision 3,
and 119B.05, subdivision 1, shall be used to reduce child care costs for a student. The county
shall not limit the duration of child care subsidies for a person in an employment or
educational program unless the person is ineligible for child care funds. Any other limitation
must be based on county policies included in the approved child care fund plan.
(b) To be eligible, the student must be in good standing and be making satisfactory
progress toward the degree. The maximum length of time a student is eligible for child care
assistance under the child care fund for education and training is no more than the time
necessary to complete the credit requirements for an associate's or baccalaureate degree as
determined by the educational institution. Time limitations for child care assistance do not
apply to basic or remedial educational programs needed for postsecondary education or
employment. Basic or remedial educational programs include high school, commissioner
of education-selected high school equivalency, and English as a second language programs.
A program exempt from this time limit must not run concurrently with a postsecondary
program.
(c) If a student meets the conditions of paragraphs (a) and (b), child care assistance must
be authorized for all hours of class time and credit hours, including independent study and
internships, and up to two hours of travel time per day. A postsecondary student shall receive
four hours of child care assistance per credit hour for study time and academic appointments
per service period.
(d) For an MFIP deleted text begin or DWPdeleted text end participant, child care assistance must be authorized according
to the person's approved employment plan. If an MFIP deleted text begin or DWPdeleted text end participant receiving MFIP
deleted text begin or DWPdeleted text end child care assistance under this chapter moves to another county, continues to
participate in an authorized educational or training program, and remains eligible for MFIP
deleted text begin or DWPdeleted text end child care assistance, the participant must receive continued child care assistance
from the county responsible for the person's current employment plan under section 256G.07.
(e) If a person with an approved education program under section 119B.03, subdivision
3, or 119B.05, subdivision 1, begins receiving MFIP deleted text begin or DWPdeleted text end assistance, the person continues
to receive child care assistance for the approved education program until the person's
education is included in an approved MFIP deleted text begin or DWPdeleted text end employment plan or until
redetermination, whichever occurs first.
(f) If a person's MFIP deleted text begin or DWPdeleted text end assistance ends and the approved MFIP deleted text begin or DWPdeleted text end
employment plan included education, the person continues to be eligible for child care
assistance for education under transition year child care assistance until the person's education
is included in an approved education plan or until redetermination.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 14.
Minnesota Statutes 2022, section 119B.105, subdivision 2, is amended to read:
Subd. 2.
Extended eligibility and redetermination.
(a) If the family received three
months of extended eligibility and redetermination is not due, to continue receiving child
care assistance the participant must be employed or have an education plan that meets the
requirements of section 119B.10, subdivision 3, or have an MFIP deleted text begin or DWPdeleted text end employment
plan. If child care assistance continues, the amount of child care authorized shall continue
at the same number or more hours until redetermination, unless a condition in section
119B.095, subdivision 2, paragraph (c), applies. A family subject to section 119B.095,
subdivision 1, paragraph (b), shall have child care authorized based on a verified activity
schedule.
(b) If the family's redetermination occurs before the end of the three-month extended
eligibility period to continue receiving child care assistance, the participant must verify that
the participant meets eligibility and activity requirements for child care assistance under
this chapter. If child care assistance continues, the amount of child care authorized is based
on section 119B.10. A family subject to section 119B.095, subdivision 1, paragraph (b),
shall have child care authorized based on a verified activity schedule.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 15.
Minnesota Statutes 2022, section 168B.07, subdivision 3, is amended to read:
Subd. 3.
Retrieval of contents.
(a) For purposes of this subdivision:
(1) "contents" does not include any permanently affixed mechanical or nonmechanical
automobile parts; automobile body parts; or automobile accessories, including audio or
video players; and
(2) "relief based on need" includes, but is not limited to, receipt of MFIP deleted text begin and Diversionary
Work Programdeleted text end , medical assistance, general assistance, emergency general assistance,
Minnesota supplemental aid, MSA-emergency assistance, MinnesotaCare, Supplemental
Security Income, energy assistance, emergency assistance, Supplemental Nutrition Assistance
Program (SNAP) benefits, earned income tax credit, or Minnesota working family tax credit.
(b) A unit of government or impound lot operator shall establish reasonable procedures
for retrieval of vehicle contents, and may establish reasonable procedures to protect the
safety and security of the impound lot and its personnel.
(c) At any time before the expiration of the waiting periods provided in section 168B.051,
a registered owner who provides documentation from a government or nonprofit agency or
legal aid office that the registered owner is homeless, receives relief based on need, or is
eligible for legal aid services, has the unencumbered right to retrieve any and all contents
without charge and regardless of whether the registered owner pays incurred charges or
fees, transfers title, or reclaims the vehicle.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 16.
Minnesota Statutes 2022, 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 accused of wrongfully obtaining assistance or
intentional program violations, in lieu of a criminal action when it has not been pursued, in
the Minnesota family investment program and any affiliated program to include deleted text begin the
diversionary work program anddeleted text end the work participation cash benefit program, child care
assistance programs, general assistance, family general assistance program formerly codified
in section 256D.05, subdivision 1, clause (15), Minnesota supplemental aid, the Supplemental
Nutrition Assistance Program (SNAP), 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 or investigation of the program
for which benefits were wrongfully obtained. The hearing is subject to the requirements of
sections 256.045 and 256.0451 and the requirements in Code of Federal Regulations, title
7, section 273.16.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024, and applies to acts of
wrongfully obtaining assistance and intentional program violations that occur on or after
that date.
new text end
Sec. 17.
Minnesota Statutes 2022, section 256.98, subdivision 8, is amended to read:
Subd. 8.
Disqualification from program.
(a) Any person found to be guilty of
wrongfully obtaining assistance by a federal or state court or by an administrative hearing
determination, or waiver thereof, through a disqualification consent agreement, or as part
of any approved diversion plan under section 401.065, or any court-ordered stay which
carries with it any probationary or other conditions, in the Minnesota family investment
program and any affiliated program to include deleted text begin the diversionary work program anddeleted text end the work
participation cash benefit program, the Supplemental Nutrition Assistance Program (SNAP),
the general assistance program, housing support under chapter 256I, or the Minnesota
supplemental aid program shall be disqualified from that program. In addition, any person
disqualified from the Minnesota family investment program shall also be disqualified from
SNAP. The needs of that individual shall not be taken into consideration in determining the
grant level for that assistance unit:
(1) for one year after the first offense;
(2) for two years after the second offense; and
(3) permanently after the third or subsequent offense.
The period of program disqualification shall begin on the date stipulated on the advance
notice of disqualification without possibility of postponement for administrative stay or
administrative hearing and shall continue through completion unless and until the findings
upon which the sanctions were imposed are reversed by a court of competent jurisdiction.
The period for which sanctions are imposed is not subject to review. The sanctions provided
under this subdivision are in addition to, and not in substitution for, any other sanctions that
may be provided for by law for the offense involved. A disqualification established through
hearing or waiver shall result in the disqualification period beginning immediately unless
the person has become otherwise ineligible for assistance. If the person is ineligible for
assistance, the disqualification period begins when the person again meets the eligibility
criteria of the program from which they were disqualified and makes application for that
program.
(b) A family receiving assistance through child care assistance programs under chapter
119B with a family member who is found to be guilty of wrongfully obtaining child care
assistance by a federal court, state court, or an administrative hearing determination or
waiver, through a disqualification consent agreement, as part of an approved diversion plan
under section 401.065, or a court-ordered stay with probationary or other conditions, is
disqualified from child care assistance programs. The disqualifications must be for periods
of one year and two years for the first and second offenses, respectively. Subsequent
violations must result in permanent disqualification. During the disqualification period,
disqualification from any child care program must extend to all child care programs and
must be immediately applied.
(c) A provider caring for children receiving assistance through child care assistance
programs under chapter 119B is disqualified from receiving payment for child care services
from the child care assistance program under chapter 119B when the provider is found to
have wrongfully obtained child care assistance by a federal court, state court, or an
administrative hearing determination or waiver under section 256.046, through a
disqualification consent agreement, as part of an approved diversion plan under section
401.065, or a court-ordered stay with probationary or other conditions. The disqualification
must be for a period of three years for the first offense. Any subsequent violation must result
in permanent disqualification. The disqualification period must be imposed immediately
after a determination is made under this paragraph. During the disqualification period, the
provider is disqualified from receiving payment from any child care program under chapter
119B.
(d) Any person found to be guilty of wrongfully obtaining 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, by a federal or
state court or by an administrative hearing determination, or waiver thereof, through a
disqualification consent agreement, or as part of any approved diversion plan under section
401.065, or any court-ordered stay which carries with it any probationary or other conditions,
is disqualified from that program. The period of disqualification is one year after the first
offense, two years after the second offense, and permanently after the third or subsequent
offense. The period of program disqualification shall begin on the date stipulated on the
advance notice of disqualification without possibility of postponement for administrative
stay or administrative hearing and shall continue through completion unless and until the
findings upon which the sanctions were imposed are reversed by a court of competent
jurisdiction. The period for which sanctions are imposed is not subject to review. The
sanctions provided under this subdivision are in addition to, and not in substitution for, any
other sanctions that may be provided for by law for the offense involved.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024, and applies to acts of
wrongfully obtaining assistance that occur on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2022, section 256.987, subdivision 4, is amended to read:
Subd. 4.
Disqualification.
(a) Any person found to be guilty of purchasing tobacco
products or alcoholic beverages with their EBT debit card by a federal or state court or by
an administrative hearing determination, or waiver thereof, through a disqualification consent
agreement, or as part of any approved diversion plan under section 401.065, or any
court-ordered stay which carries with it any probationary or other conditions, in the: (1)
Minnesota family investment program and any affiliated program to include deleted text begin the diversionary
work program anddeleted text end the work participation cash benefit program under chapter 256J; (2)
general assistance program under chapter 256D; or (3) Minnesota supplemental aid program
under chapter 256D, shall be disqualified from all of the listed programs.
(b) The needs of the disqualified individual shall not be taken into consideration in
determining the grant level for that assistance unit: (1) for one year after the first offense;
(2) for two years after the second offense; and (3) permanently after the third or subsequent
offense.
(c) The period of program disqualification shall begin on the date stipulated on the
advance notice of disqualification without possibility for postponement for administrative
stay or administrative hearing and shall continue through completion unless and until the
findings upon which the sanctions were imposed are reversed by a court of competent
jurisdiction. The period for which sanctions are imposed is not subject to review.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024, and applies to purchases
made on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2022, section 256D.03, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Budgeting and reporting. new text end
new text begin
Every county agency shall determine eligibility
and calculate benefit amounts for general assistance according to chapter 256P.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 20.
Minnesota Statutes 2022, section 256D.63, subdivision 2, is amended to read:
Subd. 2.
SNAP reporting requirements.
The commissioner of human services shall
implement simplified reporting as permitted under the Food and Nutrition Act of 2008, as
amended, and the SNAP regulations in Code of Federal Regulations, title 7, part 273. SNAP
benefit recipient households required to report periodically shall not be required to report
more often than one time every six months. deleted text begin This provision shall not apply to households
receiving food benefits under the Minnesota family investment program waiver.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 21.
Minnesota Statutes 2022, section 256E.34, subdivision 4, is amended to read:
Subd. 4.
Use of money.
At least 96 percent of the money distributed to Hunger Solutions
under this section must be distributed to food shelf programs to purchase, transport, and
coordinate the distribution of nutritious food to needy individuals and families. new text begin The money
distributed to food shelf programs may also be used to purchase personal hygiene products,
including but not limited to diapers and toilet paper. new text end No more than four percent of the money
may be expended for other expenses, such as rent, salaries, and other administrative expenses
of Hunger Solutions.
Sec. 22.
new text begin
[256E.341] AMERICAN INDIAN FOOD SOVEREIGNTY FUNDING
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The American Indian food sovereignty funding program
is established to improve access and equity to food security programs within Tribal and
American Indian communities. The program shall assist Tribal Nations and American Indian
communities in achieving self-determination and improve collaboration and partnership
building between American Indian communities and the state. The commissioner of human
services shall administer the program and provide outreach, technical assistance, and program
development support to increase food security for American Indians.
new text end
new text begin Subd. 2. new text end
new text begin Distribution of funding. new text end
new text begin
(a) The commissioner shall provide funding to support
food system changes and provide equitable access to existing and new methods of food
support for American Indian communities. The commissioner shall determine the timing
and form of the application for the program.
new text end
new text begin
(b) Eligible recipients of funding under this section include:
new text end
new text begin
(1) federally recognized American Indian Tribes or bands in Minnesota as defined in
section 10.65; or
new text end
new text begin
(2) nonprofit organizations or fiscal sponsors with a majority American Indian board of
directors.
new text end
new text begin
(c) Funding for American Indian Tribes or bands must be allocated by a formula
determined by the commissioner. Funding for nonprofit organizations or fiscal sponsors
must be awarded through a competitive grant process.
new text end
new text begin Subd. 3. new text end
new text begin Allowable uses of money. new text end
new text begin
Recipients shall use money provided under this
section to promote food security for American Indian communities by:
new text end
new text begin
(1) planning for sustainable food systems;
new text end
new text begin
(2) implementing food security programs, including but not limited to technology to
facilitate no-contact or low-contact food distribution and outreach models;
new text end
new text begin
(3) providing culturally relevant training for building food access;
new text end
new text begin
(4) purchasing, producing, processing, transporting, storing, and coordinating the
distribution of food, including culturally relevant food; and
new text end
new text begin
(5) purchasing seeds, plants, equipment, or materials to preserve, procure, or grow food.
new text end
new text begin Subd. 4. new text end
new text begin Reporting. new text end
new text begin
(a) Recipients shall report on the use of American Indian food
sovereignty funding program money under this section to the commissioner.
new text end
new text begin
(b) The commissioner shall determine the timing and form required for the reports.
new text end
Sec. 23.
Minnesota Statutes 2022, section 256E.35, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The Minnesota family assets for independence initiative
is established to provide incentives for low-income families to accrue assets for education,
housing, vehicles, new text begin emergencies, new text end and economic development purposes.
Sec. 24.
Minnesota Statutes 2022, section 256E.35, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Eligible educational institution" means the following:
(1) an institution of higher education described in section 101 or 102 of the Higher
Education Act of 1965; or
(2) an area vocational education school, as defined in subparagraph (C) or (D) of United
States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and
Applied Technology Education Act), which is located within any state, as defined in United
States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the
extent section 2302 is in effect on August 1, 2008.
(c) "Family asset account" means a savings account opened by a household participating
in the Minnesota family assets for independence initiative.
(d) "Fiduciary organization" means:
(1) a community action agency that has obtained recognition under section 256E.31;
(2) a federal community development credit union deleted text begin serving the seven-county metropolitan
areadeleted text end ; deleted text begin or
deleted text end
(3) a women-oriented economic development agency deleted text begin serving the seven-county
metropolitan area.deleted text end new text begin ;
new text end
new text begin
(4) a federally recognized Tribal Nation; or
new text end
new text begin
(5) a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue
Code.
new text end
(e) "Financial coach" means a person who:
(1) has completed an intensive financial literacy training workshop that includes
curriculum on budgeting to increase savings, debt reduction and asset building, building a
good credit rating, and consumer protection;
(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM)
network training meetings under FAIM program supervision; and
(3) provides financial coaching to program participants under subdivision 4a.
(f) "Financial institution" means a bank, bank and trust, savings bank, savings association,
or credit union, the deposits of which are insured by the Federal Deposit Insurance
Corporation or the National Credit Union Administration.
(g) "Household" means all individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other individuals.
(h) "Permissible use" means:
(1) postsecondary educational expenses at an eligible educational institution as defined
in paragraph (b), including books, supplies, and equipment required for courses of instruction;
(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including
any usual or reasonable settlement, financing, or other closing costs;
(3) business capitalization expenses for expenditures on capital, plant, equipment, working
capital, and inventory expenses of a legitimate business pursuant to a business plan approved
by the fiduciary organization;
(4) acquisition costs of a principal residence within the meaning of section 1034 of the
Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase
price applicable to the residence determined according to section 143(e)(2) and (3) of the
Internal Revenue Code of 1986; deleted text begin and
deleted text end
(5) acquisition costs of a personal vehicle only if approved by the fiduciary organizationdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(6) contributions to an emergency savings account; and
new text end
new text begin
(7) contributions to a Minnesota 529 savings plan.
new text end
Sec. 25.
Minnesota Statutes 2022, section 256E.35, subdivision 3, is amended to read:
Subd. 3.
Grants awarded.
The commissioner shall allocate funds to participating
fiduciary organizations to provide family asset services. Grant awards must be based on a
plan submitted by a statewide organization representing fiduciary organizations. The
statewide organization must ensure that any interested unrepresented fiduciary organization
have input into the development of the plan. The plan must equitably distribute funds to
achieve geographic balance and document the capacity of participating fiduciary
organizations to manage the program.new text begin A portion of funds appropriated for this section may
be expended on evaluation of the Minnesota family assets for independence initiative.
new text end
Sec. 26.
Minnesota Statutes 2022, section 256E.35, subdivision 4a, is amended to read:
Subd. 4a.
Financial coaching.
A financial coach shall provide the following to program
participants:
(1) financial education relating to budgeting, debt reduction, asset-specific training,
new text begin credit building, new text end and financial stability activities;
(2) asset-specific training related to buying a home or vehicle, acquiring postsecondary
education, deleted text begin ordeleted text end starting or expanding a small businessnew text begin , saving for emergencies, or saving for
a child's educationnew text end ; and
(3) financial stability education and training to improve and sustain financial security.
Sec. 27.
Minnesota Statutes 2022, section 256E.35, subdivision 6, is amended to read:
Subd. 6.
Withdrawal; matching; permissible uses.
(a) To receive a match, a
participating household must transfer funds withdrawn from a family asset account to its
matching fund custodial account held by the fiscal agent, according to the family asset
agreement. The fiscal agent must determine if the match request is for a permissible use
consistent with the household's family asset agreement.
(b) The fiscal agent must ensure the household's custodial account contains the applicable
matching funds to match the balance in the household's account, including interest, on at
least a quarterly basis and at the time of an approved withdrawal. Matches must be a
contribution of $3 from state grant or TANF funds for every $1 of funds withdrawn from
the family asset account not to exceed a deleted text begin $6,000deleted text end new text begin $12,000new text end lifetime limit.
(c) Notwithstanding paragraph (b), if funds are appropriated for the Federal Assets for
Independence Act of 1998, and a participating fiduciary organization is awarded a grant
under that act, participating households with that fiduciary organization must be provided
matches as follows:
(1) from state grant and TANF funds, a matching contribution of $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a deleted text begin $3,000deleted text end new text begin $6,000new text end lifetime limit;
and
(2) from nonstate funds, a matching contribution of not less than $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a deleted text begin $3,000deleted text end new text begin $6,000new text end lifetime limit.
(d) Upon receipt of transferred custodial account funds, the fiscal agent must make a
direct payment to the vendor of the goods or services for the permissible use.
Sec. 28.
Minnesota Statutes 2022, section 256E.35, subdivision 7, is amended to read:
Subd. 7.
Program reporting.
The fiscal agent on behalf of each fiduciary organization
participating in a family assets for independence initiative must report quarterly to the
commissioner of human services identifying the participants with accountsdeleted text begin ,deleted text end new text begin ;new text end the number of
accountsdeleted text begin ,deleted text end new text begin ;new text end the amount of savings and matches for each participant's accountdeleted text begin ,deleted text end new text begin ;new text end the uses of
the accountdeleted text begin , anddeleted text end new text begin ;new text end the number of businesses, homes, vehicles, and educational services paid
for with money from the accountdeleted text begin ,deleted text end new text begin ; and the amount of contributions to Minnesota 529 savings
plans and emergency savings accounts,new text end as well as other information that may be required
for the commissioner to administer the program and meet federal TANF reporting
requirements.
Sec. 29.
Minnesota Statutes 2022, section 256I.03, subdivision 13, is amended to read:
Subd. 13.
Prospective budgeting.
"Prospective budgeting" deleted text begin means estimating the amount
of monthly income a person will have in the payment monthdeleted text end new text begin has the meaning given in
section 256P.01, subdivision 9new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 30.
Minnesota Statutes 2022, section 256I.06, subdivision 6, is amended to read:
Subd. 6.
Reports.
Recipients must report changes in circumstances according to section
256P.07 deleted text begin that affect eligibility or housing support payment amounts, other than changes in
earned income, within ten days of the changedeleted text end . Recipients with countable earned income
must complete a household report form deleted text begin at leastdeleted text end once every six monthsnew text begin according to section
256P.10new text end . deleted text begin If the report form is not received before the end of the month in which it is due,
the county agency must terminate eligibility for housing support payments. The termination
shall be effective on the first day of the month following the month in which the report was
due. If a complete report is received within the month eligibility was terminated, the
individual is considered to have continued an application for housing support payment
effective the first day of the month the eligibility was terminated.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 31.
Minnesota Statutes 2022, section 256I.06, is amended by adding a subdivision
to read:
new text begin Subd. 6a. new text end
new text begin When to terminate assistance. new text end
new text begin
An agency must terminate benefits when the
assistance unit fails to submit the household report form before the end of the month in
which it is due. The termination shall be effective on the first day of the month following
the month in which the report was due. If the assistance unit submits the household report
form within 30 days of the termination of benefits and remains eligible, benefits must be
reinstated and made available retroactively for the full benefit month.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 32.
Minnesota Statutes 2022, section 256I.06, subdivision 8, is amended to read:
Subd. 8.
Amount of housing support payment.
(a) The amount of a room and board
payment to be made on behalf of an eligible individual is determined by subtracting the
individual's countable income under section 256I.04, subdivision 1, for a whole calendar
month from the room and board rate for that same month. The housing support payment is
determined by multiplying the housing support rate times the period of time the individual
was a resident or temporarily absent under section 256I.05, subdivision 2a.
(b) For an individual with earned income under paragraph (a), prospective budgeting
new text begin according to section 256P.09 new text end must be used deleted text begin to determine the amount of the individual's
payment for the following six-month period. An increase in income shall not affect an
individual's eligibility or payment amount until the month following the reporting month.
A decrease in income shall be effective the first day of the month after the month in which
the decrease is reporteddeleted text end .
(c) For an individual who receives housing support payments under section 256I.04,
subdivision 1, paragraph (c), the amount of the housing support payment is determined by
multiplying the housing support rate times the period of time the individual was a resident.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 33.
Minnesota Statutes 2022, section 256J.01, subdivision 1, is amended to read:
Subdivision 1.
Implementation of Minnesota family investment program
(MFIP).
deleted text begin Except for section 256J.95,deleted text end This chapter and chapter 256K may be cited as the
Minnesota family investment program (MFIP). MFIP is the statewide implementation of
components of the Minnesota family investment plan (MFIP) authorized and formerly
codified in section 256.031 and Minnesota family investment plan-Ramsey County (MFIP-R)
formerly codified in section 256.047.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 34.
Minnesota Statutes 2022, section 256J.02, subdivision 2, is amended to read:
Subd. 2.
Use of money.
State money appropriated for purposes of this section and TANF
block grant money must be used for:
(1) financial assistance to or on behalf of any minor child who is a resident of this state
under section 256J.12;
(2) the health care and human services training and retention program under chapter
116L, for costs associated with families with children with incomes below 200 percent of
the federal poverty guidelines;
(3) the pathways program under section 116L.04, subdivision 1a;
(4) welfare to work transportation authorized under Public Law 105-178;
(5) reimbursements for the federal share of child support collections passed through to
the custodial parent;
(6) program administration under this chapter;
deleted text begin
(7) the diversionary work program under section 256J.95;
deleted text end
deleted text begin (8)deleted text end new text begin (7)new text end the MFIP consolidated fund under section 256J.626; and
deleted text begin (9)deleted text end new text begin (8)new text end the Minnesota Department of Health consolidated fund under Laws 2001, First
Special Session chapter 9, article 17, section 3, subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 35.
Minnesota Statutes 2022, section 256J.08, subdivision 65, is amended to read:
Subd. 65.
Participant.
(a) "Participant" includes any of the following:
(1) a person who is currently receiving cash assistance or the food portion available
through MFIP;
(2) a person who withdraws a cash or food assistance payment by electronic transfer or
receives and cashes an MFIP assistance check or food coupons and is subsequently
determined to be ineligible for assistance for that period of time is a participant, regardless
whether that assistance is repaid;
(3) the caregiver relative and the minor child whose needs are included in the assistance
payment;
(4) a person in an assistance unit who does not receive a cash and food assistance payment
because the case has been suspended from MFIP;new text begin and
new text end
deleted text begin
(5) a person who receives cash payments under the diversionary work program under
section 256J.95 is a participant; and
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end a person who receives cash payments under family stabilization services under
section 256J.575.
(b) "Participant" does not include a person who fails to withdraw or access electronically
any portion of the person's cash and food assistance payment by the end of the payment
month, who makes a written request for closure before the first of a payment month and
repays cash and food assistance electronically issued for that payment month within that
payment month, or who returns any uncashed assistance check and food coupons and
withdraws from the program.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 36.
Minnesota Statutes 2022, section 256J.08, subdivision 71, is amended to read:
Subd. 71.
Prospective budgeting.
"Prospective budgeting" deleted text begin means a method of
determining the amount of the assistance payment in which the budget month and payment
month are the samedeleted text end new text begin has the meaning given in section 256P.01, subdivision 9new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 37.
Minnesota Statutes 2022, section 256J.08, subdivision 79, is amended to read:
Subd. 79.
Recurring income.
"Recurring income" means a form of income which is:
(1) received periodically, and may be received irregularly when receipt can be anticipated
even though the date of receipt cannot be predicted; and
(2) from the same source or of the same type that is received and budgeted in a
prospective month deleted text begin and is received in one or both of the first two retrospective monthsdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 38.
Minnesota Statutes 2022, section 256J.09, subdivision 10, is amended to read:
Subd. 10.
Ineligibility for MFIP deleted text begin or the diversionary work programdeleted text end .
When an applicant
is not eligible for MFIP deleted text begin or the diversionary work program under section 256J.95deleted text end because
the applicant does not meet eligibility requirements, the county agency must determine
whether the applicant is eligible for SNAPdeleted text begin ,deleted text end or health care programs. The county must also
inform applicants about resources available through the county or other agencies to meet
short-term emergency needs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 39.
Minnesota Statutes 2022, section 256J.11, subdivision 1, is amended to read:
Subdivision 1.
General citizenship requirements.
(a) To be eligible for MFIP, a member
of the assistance unit must be a citizen of the United States, a qualified noncitizen as defined
in section 256J.08, or a noncitizen who is otherwise residing lawfully in the United States.
(b) A qualified noncitizen who entered the United States on or after August 22, 1996,
is eligible for MFIP. However, TANF dollars cannot be used to fund the MFIP benefits for
an individual under this paragraph for a period of five years after the date of entry unless
the qualified noncitizen meets one of the following criteria:
(1) was admitted to the United States as a refugee under United States Code, title 8,
section 1157;
(2) was granted asylum under United States Code, title 8, section 1158;
(3) was granted withholding of deportation under the United States Code, title 8, section
1253(h);
(4) is a veteran of the United States armed forces with an honorable discharge for a
reason other than noncitizen status, or is a spouse or unmarried minor dependent child of
the same; or
(5) is an individual on active duty in the United States armed forces, other than for
training, or is a spouse or unmarried minor dependent child of the same.
(c) A person who is not a qualified noncitizen but who is otherwise residing lawfully in
the United States is eligible for MFIP. However, TANF dollars cannot be used to fund the
MFIP benefits for an individual under this paragraph.
(d) For purposes of this subdivision, a nonimmigrant in one or more of the classes listed
in United States Code, title 8, section 1101(a)(15)new text begin (A)-(S) and (V)new text end , or an undocumented
immigrant who resides in the United States without the approval or acquiescence of the
United States Citizenship and Immigration Services, is not eligible for MFIP.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 40.
Minnesota Statutes 2022, section 256J.21, subdivision 3, is amended to read:
Subd. 3.
Initial income test.
new text begin (a) new text end The agency shall determine initial eligibility by
considering all earned and unearned income as defined in section 256P.06. To be eligible
for MFIP, the assistance unit's countable income minus the earned income disregards in
paragraph (a) and section 256P.03 must be below the family wage level according to section
256J.24, subdivision 7, for that size assistance unit.
deleted text begin (a)deleted text end new text begin (b)new text end The initial eligibility determination must disregard the following items:
(1) the earned income disregard as determined in section 256P.03;
(2) dependent care costs must be deducted from gross earned income for the actual
amount paid for dependent care up to a maximum of $200 per month for each child less
than two years of age, and $175 per month for each child two years of age and older;
(3) all payments made according to a court order for spousal support or the support of
children not living in the assistance unit's household shall be disregarded from the income
of the person with the legal obligation to pay support; and
(4) an allocation for the unmet need of an ineligible spouse or an ineligible child under
the age of 21 for whom the caregiver is financially responsible and who lives with the
caregiver according to section 256J.36.
deleted text begin (b) After initial eligibility is established,deleted text end new text begin (c) The income test is for a six-month period.new text end
The assistance payment calculation is based on deleted text begin the monthly income testdeleted text end new text begin prospective budgeting
according to section 256P.09new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 41.
Minnesota Statutes 2022, section 256J.21, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Monthlydeleted text end Income test and determination of assistance payment.
deleted text begin The county
agency shall determine ongoing eligibility and the assistance payment amount according
to the monthly income test.deleted text end To be eligible for MFIP, the result of the computations in
paragraphs (a) to (e) new text begin applied to prospective budgeting new text end must be at least $1.
(a) Apply an income disregard as defined in section 256P.03, to gross earnings and
subtract this amount from the family wage level. If the difference is equal to or greater than
the MFIP transitional standard, the assistance payment is equal to the MFIP transitional
standard. If the difference is less than the MFIP transitional standard, the assistance payment
is equal to the difference. The earned income disregard in this paragraph must be deducted
every month there is earned income.
(b) All payments made according to a court order for spousal support or the support of
children not living in the assistance unit's household must be disregarded from the income
of the person with the legal obligation to pay support.
(c) An allocation for the unmet need of an ineligible spouse or an ineligible child under
the age of 21 for whom the caregiver is financially responsible and who lives with the
caregiver must be made according to section 256J.36.
(d) Subtract unearned income dollar for dollar from the MFIP transitional standard to
determine the assistance payment amount.
(e) When income is both earned and unearned, the amount of the assistance payment
must be determined by first treating gross earned income as specified in paragraph (a). After
determining the amount of the assistance payment under paragraph (a), unearned income
must be subtracted from that amount dollar for dollar to determine the assistance payment
amount.
deleted text begin
(f) When the monthly income is greater than the MFIP transitional standard after
deductions and the income will only exceed the standard for one month, the county agency
must suspend the assistance payment for the payment month.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 42.
Minnesota Statutes 2022, section 256J.33, subdivision 1, is amended to read:
Subdivision 1.
Determination of eligibility.
(a) A county agency must determine MFIP
eligibility prospectively deleted text begin for a payment monthdeleted text end based on deleted text begin retrospectivelydeleted text end assessing income
and the county agency's best estimate of the circumstances that will exist in the payment
month.
(b) deleted text begin Except as described in section 256J.34, subdivision 1, when prospective eligibility
exists,deleted text end A county agency must calculate the amount of the assistance payment using
deleted text begin retrospectivedeleted text end new text begin prospectivenew text end budgeting. To determine MFIP eligibility and the assistance
payment amount, a county agency must apply countable income, described in sections
256P.06 and 256J.37, subdivisions 3 to deleted text begin 10deleted text end new text begin 9new text end , received by members of an assistance unit or
by other persons whose income is counted for the assistance unit, described under sections
256J.37, subdivisions 1 to 2, and 256P.06, subdivision 1.
(c) This income must be applied to the MFIP standard of need or family wage level
subject to this section and sections 256J.34 to 256J.36. Countable income as described in
section 256P.06, subdivision 3, received deleted text begin in a calendar monthdeleted text end must be applied to the needs
of an assistance unit.
new text begin
(d) An assistance unit is not eligible when the countable income equals or exceeds the
MFIP standard of need or the family wage level for the assistance unit.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025, except that the amendment
to paragraph (b) striking "10" and inserting "9" is effective July 1, 2024.
new text end
Sec. 43.
Minnesota Statutes 2022, section 256J.33, subdivision 2, is amended to read:
Subd. 2.
Prospective eligibility.
An agency must determine whether the eligibility
requirements that pertain to an assistance unit, including those in sections 256J.11 to 256J.15
and 256P.02, will be met prospectively for the payment deleted text begin monthdeleted text end new text begin periodnew text end . deleted text begin Except for the
provisions in section 256J.34, subdivision 1,deleted text end The income test will be applied deleted text begin retrospectivelydeleted text end new text begin
prospectivelynew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 44.
Minnesota Statutes 2022, section 256J.35, is amended to read:
256J.35 AMOUNT OF ASSISTANCE PAYMENT.
Except as provided in paragraphs (a) to deleted text begin (d)deleted text end new text begin (e)new text end , the amount of an assistance payment is
equal to the difference between the MFIP standard of need or the Minnesota family wage
level in section 256J.24 and countable income.
(a) Beginning July 1, 2015, MFIP assistance units are eligible for an MFIP housing
assistance grant of $110 per month, unless:
(1) the housing assistance unit is currently receiving public and assisted rental subsidies
provided through the Department of Housing and Urban Development (HUD) and is subject
to section 256J.37, subdivision 3a; or
(2) the assistance unit is a child-only case under section 256J.88.
new text begin
(b) On October 1 of each year, the commissioner shall adjust the MFIP housing assistance
grant in paragraph (a) for inflation based on the CPI-U for the prior calendar year.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end When MFIP eligibility exists for the month of application, the amount of the
assistance payment for the month of application must be prorated from the date of application
or the date all other eligibility factors are met for that applicant, whichever is later. This
provision applies when an applicant loses at least one day of MFIP eligibility.
deleted text begin (c)deleted text end new text begin (d)new text end MFIP overpayments to an assistance unit must be recouped according to section
256P.08, subdivision 6.
deleted text begin (d)deleted text end new text begin (e)new text end An initial assistance payment must not be made to an applicant who is not eligible
on the date payment is made.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2024.
new text end
Sec. 45.
Minnesota Statutes 2022, section 256J.37, subdivision 3, is amended to read:
Subd. 3.
Earned income of wage, salary, and contractual employees.
The agency
must include gross earned income less any disregards in the initial deleted text begin and monthlydeleted text end income
test. Gross earned income received by persons employed on a contractual basis must be
prorated over the period covered by the contract even when payments are received over a
lesser period of time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 46.
Minnesota Statutes 2022, section 256J.37, subdivision 3a, is amended to read:
Subd. 3a.
Rental subsidies; unearned income.
(a) Effective July 1, 2003, the agency
shall count $50 of the value of public and assisted rental subsidies provided through the
Department of Housing and Urban Development (HUD) as unearned income to the cash
portion of the MFIP grant. The full amount of the subsidy must be counted as unearned
income when the subsidy is less than $50. The income from this subsidy shall be budgeted
according to section deleted text begin 256J.34deleted text end new text begin 256P.09new text end .
(b) The provisions of this subdivision shall not apply to an MFIP assistance unit which
includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury, or incapacity that has been
certified by a qualified professional when the illness, injury, or incapacity is expected to
continue for more than 30 days and severely limits the person's ability to obtain or maintain
suitable employment; or
(3) a caregiver whose presence in the home is required due to the illness or incapacity
of another member in the assistance unit, a relative in the household, or a foster child in the
household when the illness or incapacity and the need for the participant's presence in the
home has been certified by a qualified professional and is expected to continue for more
than 30 days.
(c) The provisions of this subdivision shall not apply to an MFIP assistance unit where
the parental caregiver is an SSI participant.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 47.
Minnesota Statutes 2022, section 256J.40, is amended to read:
256J.40 FAIR HEARINGS.
Caregivers receiving a notice of intent to sanction or a notice of adverse action that
includes a sanction, reduction in benefits, suspension of benefits, denial of benefits, or
termination of benefits may request a fair hearing. A request for a fair hearing must be
submitted in writing to the county agency or to the commissioner and must be mailed within
30 days after a participant or former participant receives written notice of the agency's action
or within 90 days when a participant or former participant shows good cause for not
submitting the request within 30 days. A former participant who receives a notice of adverse
action due to an overpayment may appeal the adverse action according to the requirements
in this section. Issues that may be appealed are:
(1) the amount of the assistance payment;
(2) a suspension, reduction, denial, or termination of assistance;
(3) the basis for an overpayment, the calculated amount of an overpayment, and the level
of recoupment;
(4) the eligibility for an assistance payment; and
(5) the use of protective or vendor payments under section 256J.39, subdivision 2, clauses
(1) to (3).
deleted text begin Except for benefits issued under section 256J.95,deleted text end A county agency must not reduce,
suspend, or terminate payment when an aggrieved participant requests a fair hearing prior
to the effective date of the adverse action or within ten days of the mailing of the notice of
adverse action, whichever is later, unless the participant requests in writing not to receive
continued assistance pending a hearing decision. deleted text begin An appeal request cannot extend benefits
for the diversionary work program under section 256J.95 beyond the four-month time limit.deleted text end
Assistance issued pending a fair hearing is subject to recovery under section 256P.08 when
as a result of the fair hearing decision the participant is determined ineligible for assistance
or the amount of the assistance received. A county agency may increase or reduce an
assistance payment while an appeal is pending when the circumstances of the participant
change and are not related to the issue on appeal. The commissioner's order is binding on
a county agency. No additional notice is required to enforce the commissioner's order.
A county agency shall reimburse appellants for reasonable and necessary expenses of
attendance at the hearing, such as child care and transportation costs and for the transportation
expenses of the appellant's witnesses and representatives to and from the hearing. Reasonable
and necessary expenses do not include legal fees. Fair hearings must be conducted at a
reasonable time and date by an impartial human services judge employed by the department.
The hearing may be conducted by telephone or at a site that is readily accessible to persons
with disabilities.
The appellant may introduce new or additional evidence relevant to the issues on appeal.
Recommendations of the human services judge and decisions of the commissioner must be
based on evidence in the hearing record and are not limited to a review of the county agency
action.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 48.
Minnesota Statutes 2022, section 256J.42, subdivision 5, is amended to read:
Subd. 5.
Exemption for certain families.
(a) Any cash assistance received by an
assistance unit does not count toward the 60-month limit on assistance during a month in
which the caregiver is age 60 or older.
(b) From July 1, 1997, until the date MFIP is operative in the caregiver's county of
financial responsibility, any cash assistance received by a caregiver who is complying with
Minnesota Statutes 1996, section 256.73, subdivision 5a, and Minnesota Statutes 1998,
section 256.736, if applicable, does not count toward the 60-month limit on assistance.
Thereafter, any cash assistance received by a minor caregiver who is complying with the
requirements of sections 256J.14 and 256J.54, if applicable, does not count towards the
60-month limit on assistance.
(c) Any diversionary assistance or emergency assistance received prior to July 1, 2003,
does not count toward the 60-month limit.
(d) Any cash assistance received by an 18- or 19-year-old caregiver who is complying
with an employment plan that includes an education option under section 256J.54 does not
count toward the 60-month limit.
(e) Payments provided to meet short-term emergency needs under section 256J.626 deleted text begin and
diversionary work program benefits provided under section 256J.95deleted text end do not count toward
the 60-month time limit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 49.
Minnesota Statutes 2022, section 256J.425, subdivision 1, is amended to read:
Subdivision 1.
Eligibility.
(a) To be eligible for a hardship extension, a participant in
an assistance unit subject to the time limit under section 256J.42, subdivision 1, must deleted text begin be in
compliance in the participant's 60th counted month. For purposes of determining eligibility
for a hardship extension, a participant is in compliance in any month that the participant
has not been sanctioned. In order to maintain eligibility for any of the hardship extension
categories a participant shalldeleted text end develop and comply with either an employment plan or a
family stabilization services plan, whichever is appropriate.
(b) If one participant in a two-parent assistance unit is determined to be ineligible for a
hardship extension, the county shall give the assistance unit the option of disqualifying the
ineligible participant from MFIP. In that case, the assistance unit shall be treated as a
one-parent assistance unit.
deleted text begin
(c) Prior to denying an extension, the county must review the sanction status and
determine whether the sanction is appropriate or if good cause exists under section 256J.57.
If the sanction was inappropriately applied or the participant is granted a good cause
exception before the end of month 60, the participant shall be considered for an extension.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective May 1, 2026.
new text end
Sec. 50.
Minnesota Statutes 2022, section 256J.425, subdivision 4, is amended to read:
Subd. 4.
Employed participants.
(a) An assistance unit subject to the time limit under
section 256J.42, subdivision 1, is eligible to receive assistance under a hardship extension
if the participant who reached the time limit belongs to:
(1) a one-parent assistance unit in which the participant is participating in work activities
for at least 30 hours per week, of which an average of at least 25 hours per week every
month are spent participating in employment;
(2) a two-parent assistance unit in which the participants are participating in work
activities for at least 55 hours per week, of which an average of at least 45 hours per week
every month are spent participating in employment; or
(3) an assistance unit in which a participant is participating in employment for fewer
hours than those specified in clause (1), and the participant submits verification from a
qualified professional, in a form acceptable to the commissioner, stating that the number
of hours the participant may work is limited due to illness or disability, as long as the
participant is participating in employment for at least the number of hours specified by the
qualified professional. The participant must be following the treatment recommendations
of the qualified professional providing the verification. The commissioner shall develop a
form to be completed and signed by the qualified professional, documenting the diagnosis
and any additional information necessary to document the functional limitations of the
participant that limit work hours. If the participant is part of a two-parent assistance unit,
the other parent must be treated as a one-parent assistance unit for purposes of meeting the
work requirements under this subdivision.
(b) For purposes of this section, employment means:
(1) unsubsidized employment under section 256J.49, subdivision 13, clause (1);
(2) subsidized employment under section 256J.49, subdivision 13, clause (2);
(3) on-the-job training under section 256J.49, subdivision 13, clause (2);
(4) an apprenticeship under section 256J.49, subdivision 13, clause (1);
(5) supported work under section 256J.49, subdivision 13, clause (2);
(6) a combination of clauses (1) to (5); or
(7) child care under section 256J.49, subdivision 13, clause (7), if it is in combination
with paid employment.
(c) If a participant is complying with a child protection plan under chapter 260C, the
number of hours required under the child protection plan count toward the number of hours
required under this subdivision.
(d) The county shall provide the opportunity for subsidized employment to participants
needing that type of employment within available appropriations.
deleted text begin
(e) To be eligible for a hardship extension for employed participants under this
subdivision, a participant must be in compliance for at least ten out of the 12 months the
participant received MFIP immediately preceding the participant's 61st month on assistance.
If ten or fewer months of eligibility for TANF assistance remain at the time the participant
from another state applies for assistance, the participant must be in compliance every month.
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end The employment plan developed under section 256J.521, subdivision 2, for
participants under this subdivision must contain at least the minimum number of hours
specified in paragraph (a) for the purpose of meeting the requirements for an extension
under this subdivision. The job counselor and the participant must sign the employment
plan to indicate agreement between the job counselor and the participant on the contents of
the plan.
deleted text begin (g)deleted text end new text begin (f)new text end Participants who fail to meet the requirements in paragraph (a), withoutnew text begin eligibility
for another hardship extension ornew text end good cause under section 256J.57, shall be deleted text begin sanctioneddeleted text end new text begin
subject to sanctionnew text end or deleted text begin permanently disqualified under subdivision 6. Good cause may only
be granted for that portion of the month for which the good cause reason appliesdeleted text end new text begin case closurenew text end .
Participants must meet all remaining requirements in the approved employment plan or be
subject to sanction or deleted text begin permanent disqualificationdeleted text end new text begin case closurenew text end .
deleted text begin (h)deleted text end new text begin (g)new text end If the noncompliance with an employment plan is due to the involuntary loss of
employment, the participant is exempt from the hourly employment requirement under this
subdivision for one month. Participants must meet all remaining requirements in the approved
employment plan or be subject to sanction or deleted text begin permanent disqualificationdeleted text end new text begin case closure if
ineligible for another hardship extensionnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective May 1, 2026.
new text end
Sec. 51.
Minnesota Statutes 2022, section 256J.425, subdivision 5, is amended to read:
Subd. 5.
Accrual of certain exempt months.
(a) Participants who are not eligible for
assistance under a hardship extension under this section shall be eligible for a hardship
extension for a period of time equal to the number of months that were counted toward the
60-month time limit while the participant was a caregiver with a child or an adult in the
household who meets the disability or medical criteria for home care services under section
256B.0651, subdivision 1, paragraph (c), or a home and community-based waiver services
program under chapter 256B, or meets the criteria for severe emotional disturbance under
section 245.4871, subdivision 6, or for serious and persistent mental illness under section
245.462, subdivision 20, paragraph (c), and who was subject to the requirements in section
256J.561, subdivision 2.
(b) A participant who received MFIP assistance that counted toward the 60-month time
limit while the participant met the state time limit exemption criteria under section 256J.42,
subdivision 4 or 5, is eligible for assistance under a hardship extension for a period of time
equal to the number of months that were counted toward the 60-month time limit while the
participant met the state time limit exemption criteria under section 256J.42, subdivision 4
or 5.
(c) After the accrued months have been exhausted, the county agency must determine
if the assistance unit is eligible for an extension under another extension category in
subdivision 2, 3, or 4.
(d) At the time of the case review, a county agency must explain to the participant the
basis for receiving a hardship extension based on the accrual of exempt months. The
participant must provide documentation necessary to enable the county agency to determine
whether the participant is eligible to receive a hardship extension based on the accrual of
exempt months or authorize a county agency to verify the information.
deleted text begin
(e) While receiving extended MFIP assistance under this subdivision, a participant is
subject to the MFIP policies that apply to participants during the first 60 months of MFIP,
unless the participant is a member of a two-parent family in which one parent is extended
under subdivision 3 or 4. For two-parent families in which one parent is extended under
subdivision 3 or 4, the sanction provisions in subdivision 6 shall apply.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective May 1, 2026.
new text end
Sec. 52.
Minnesota Statutes 2022, section 256J.425, subdivision 7, is amended to read:
Subd. 7.
Status of deleted text begin disqualified participantsdeleted text end new text begin closed casesnew text end .
(a) An assistance unit that
deleted text begin is disqualifieddeleted text end new text begin has its case closednew text end under deleted text begin subdivision 6, paragraph (a),deleted text end new text begin section 256J.46new text end may
be approved for MFIP if the participant complies with MFIP program requirements and
demonstrates compliance for up to one month. No assistance shall be paid during this period.
(b) An assistance unit that deleted text begin is disqualifieddeleted text end new text begin has its case closednew text end under deleted text begin subdivision 6,
paragraph (a) ,deleted text end new text begin section 256J.46new text end and that reapplies under paragraph (a) is subject to sanction
under section 256J.46, subdivision 1, paragraph (c)deleted text begin , clause (1), for a first occurrence of
noncompliance. A subsequent occurrence of noncompliance results in a permanent
disqualificationdeleted text end .
deleted text begin
(c) If one participant in a two-parent assistance unit receiving assistance under a hardship
extension under subdivision 3 or 4 is determined to be out of compliance with the
employment and training services requirements under sections 256J.521 to 256J.57, the
county shall give the assistance unit the option of disqualifying the noncompliant participant
from MFIP. In that case, the assistance unit shall be treated as a one-parent assistance unit
for the purposes of meeting the work requirements under subdivision 4. An applicant who
is disqualified from receiving assistance under this paragraph may reapply under paragraph
(a). If a participant is disqualified from MFIP under this subdivision a second time, the
participant is permanently disqualified from MFIP.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end Prior to a deleted text begin disqualificationdeleted text end new text begin case closurenew text end under this subdivision, a county agency
must review the participant's case to determine if the employment plan is still appropriate
and attempt to meet with the participant face-to-face. If a face-to-face meeting is not
conducted, the county agency must send the participant a notice of adverse action as provided
in section 256J.31. During the face-to-face meeting, the county agency must:
(1) determine whether the continued noncompliance can be explained and mitigated by
providing a needed preemployment activity, as defined in section 256J.49, subdivision 13,
clause (9);
(2) determine whether the participant qualifies for a good cause exception under section
256J.57;
(3) inform the participant of the family violence waiver criteria and make appropriate
referrals if the waiver is requested;
(4) inform the participant of the participant's sanction status and explain the consequences
of continuing noncompliance;
(5) identify other resources that may be available to the participant to meet the needs of
the family; and
(6) inform the participant of the right to appeal under section 256J.40.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective May 1, 2026.
new text end
Sec. 53.
Minnesota Statutes 2022, section 256J.46, subdivision 1, is amended to read:
Subdivision 1.
Participants not complying with program requirements.
(a) A
participant who fails without good cause under section 256J.57 to comply with the
requirements deleted text begin of this chapterdeleted text end new text begin for orientation under section 256J.45, or employment and
training services under sections 256J.515 to 256J.57new text end , and who is not subject to a sanction
under subdivision 2, shall be subject to a sanctionnew text begin or case closurenew text end as provided in this
deleted text begin subdivisiondeleted text end new text begin sectionnew text end . new text begin Good cause may only be granted for the month for which the good
cause reason applies. new text end Prior to the imposition of a sanction, a county agency shall provide a
notice of intent to sanction under section 256J.57, subdivision 2, and, when applicable, a
notice of adverse action as provided in section 256J.31new text begin , subdivision 5new text end .
(b) A sanction under this subdivision becomes effective the month following the month
in which a required notice is given. A sanction must not be imposed when a participant
comes into compliance deleted text begin with the requirements for orientation under section 256J.45deleted text end prior to
the effective date of the sanction. deleted text begin A sanction must not be imposed when a participant comes
into compliance with the requirements for employment and training services under sections
256J.515 to 256J.57 ten days prior to the effective date of the sanction.deleted text end For purposes of this
subdivision, each month that a participant fails to comply with a requirement of this chapter
shall be considered a separate occurrence of noncompliance. If both participants in a
two-parent assistance unit are out of compliance at the same time, it is considered one
occurrence of noncompliance.
(c) Sanctions for noncompliance deleted text begin shall be imposed as follows:
deleted text end
deleted text begin
(1) For the first occurrence of noncompliance by a participant in an assistance unit, the
assistance unit's grant shall be reduced by ten percent of the MFIP standard of need for an
assistance unit of the same size with the residual grant paid to the participant. The reduction
in the grant amount must be in effect for a minimum of one month and shall be removed in
the month following the month that the participant returns to compliance.
deleted text end
deleted text begin (2)deleted text end for deleted text begin adeleted text end new text begin the first,new text end second, third, fourth, fifth, or sixth new text begin consecutive new text end occurrence of
noncompliance by a participant in an assistance unitdeleted text begin , the assistance unit's shelter costs shall
be vendor paid up to the amount of the cash portion of the MFIP grant for which the
assistance unit is eligible. At county option, the assistance unit's utilities may also be vendor
paid up to the amount of the cash portion of the MFIP grant remaining after vendor payment
of the assistance unit's shelter costs. The residual amount of the grant after vendor payment,
if any, must be reduced by an amountdeleted text end new text begin arenew text end equal to deleted text begin 30deleted text end new text begin a reduction of fivenew text end percent of the new text begin cash
portion of the new text end MFIP deleted text begin standard of need for andeleted text end new text begin grant received by thenew text end assistance unit deleted text begin of the
same size before the residual grant is paid to the assistance unitdeleted text end . The reduction in the grant
amount must be in effect for a minimum of one month and shall be removed in the month
following the month that the participant in a one-parent assistance unit returns to compliancenew text begin ,
unless the requirements in paragraph (h) are metnew text end . In a two-parent assistance unit, the grant
reduction must be in effect for a minimum of one month and shall be removed in the month
following the month both participants return to compliancenew text begin , unless the requirements in
paragraph (h) are metnew text end . deleted text begin The vendor payment of shelter costs and, if applicable, utilities shall
be removed six months after the month in which the participant or participants return to
compliance.deleted text end new text begin When an assistance unit comes into compliance with the requirements in section
256.741, or shows good cause under section 256.741, subdivision 10, or 256J.57, the sanction
occurrences for that assistance unit shall be equal to zero sanctions.new text end If an assistance unit is
sanctioned under this clause, the participant's case file must be reviewed to determine if the
employment plan is still appropriate.
(d) For a seventh new text begin consecutive new text end occurrence of noncompliance by a participant in an
assistance unit, deleted text begin or when the participants in a two-parent assistance unit have a total of seven
occurrences of noncompliance,deleted text end the county agency shall close the MFIP assistance unit's
financial assistance case, deleted text begin bothdeleted text end new text begin includingnew text end the cash and food portions, and redetermine the
family's deleted text begin continueddeleted text end eligibility for Supplemental Nutrition Assistance Program (SNAP)
payments. The MFIP case must remain closed for a minimum of one full month. Before the
case is closed, the county agency must review the participant's case to determine if the
employment plan is still appropriate and attempt to meet with the participant face-to-face.
The participant may bring an advocate to the face-to-face meeting. If a face-to-face meeting
is not conducted, the county agency must send the participant a written notice that includes
the information required under clause (1).
(1) During the face-to-face meeting, the county agency must:
(i) determine whether the continued noncompliance can be explained and mitigated by
providing a needed preemployment activity, as defined in section 256J.49, subdivision 13,
clause (9);
(ii) determine whether the participant qualifies for a good cause exception under section
256J.57, or if the sanction is for noncooperation with child support requirements, determine
if the participant qualifies for a good cause exemption under section 256.741, subdivision
10;
(iii) determine whether the work activities in the employment plan are appropriate based
on the criteria in section 256J.521, subdivision 2 or 3;
(iv) determine whether the participant qualifies for the family violence waiver;
(v) inform the participant of the participant's sanction status and explain the consequences
of continuing noncompliance;
(vi) identify other resources that may be available to the participant to meet the needs
of the family; and
(vii) inform the participant of the right to appeal under section 256J.40.
(2) If the lack of an identified activity or service can explain the noncompliance, the
county must work with the participant to provide the identified activity.
(3) The grant must be restored to the full amount for which the assistance unit is eligible
retroactively to the first day of the month in which the participant was found to lack
preemployment activities or to qualify for a family violence waiver or for a good cause
exemption under section 256.741, subdivision 10, or 256J.57.
(e) For the purpose of applying sanctions under this section, only new text begin consecutive new text end occurrences
of noncompliance that occur deleted text begin after July 1, 2003deleted text end new text begin on or after May 1, 2026new text end , shall be considerednew text begin
when counting the number of sanction occurrences under this subdivision. Active cases
under sanction on May 1, 2026, shall be considered to have one sanction occurrencenew text end . If the
participant deleted text begin is in 30 percent sanction in the month this section takes effect, that month counts
as the first occurrence for purposes of applying the sanctions under this section, but the
sanction shall remain at 30 percent for that monthdeleted text end new text begin comes into compliance, the assistance
unit is considered to have zero sanctionsnew text end .
(f) An assistance unit whose case is closed under paragraph (d) or (g), may reapply for
MFIPnew text begin using a form prescribed by the commissionernew text end and shall be eligible if the participant
complies with MFIP program requirements and demonstrates compliance for up to one
month. No assistance shall be paid during this period.new text begin The county agency shall not start a
new certification period for a participant who has submitted the reapplication form within
30 calendar days of case closure. The county agency must process the form according to
section 256P.04, except that the county agency shall not require additional verification of
information in the case file unless the information is inaccurate, questionable, or no longer
current. When a participant does not reapply for MFIP within 30 calendar days of case
closure, a new application must be completed.
new text end
(g) An assistance unit whose case has been closed for noncompliance, that reapplies
under paragraph (f), is subject to sanction under paragraph (c)deleted text begin , clause (2), for a first
occurrence of noncompliance. Any subsequent occurrence of noncompliance shall result
indeleted text end new text begin andnew text end case closure under paragraph (d).
new text begin
(h) If an assistance unit is in compliance by the 15th of the month in which the assistance
unit has a sanction imposed, the reduction to the assistance unit's cash grant shall be restored
retroactively for the current month and the sanction occurrences shall be equal to zero.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective May 1, 2026.
new text end
Sec. 54.
Minnesota Statutes 2022, section 256J.46, subdivision 2, is amended to read:
Subd. 2.
Sanctions for refusal to cooperate with support requirements.
The grant of
an MFIP caregiver who refuses to cooperate, as determined by the child support enforcement
agency, with support requirements under section 256.741, shall be subject to sanction as
specified in this subdivision and subdivision 1deleted text begin . For a first occurrence of noncooperation,
the assistance unit's grant must be reduced by 30 percent of the applicable MFIP standard
of need. Subsequent occurrences of noncooperation shall be subject to sanction under
subdivision 1, paragraphs (c), clause (2), and (d).deleted text end new text begin , paragraphs (b) to (h), except the assistance
unit's cash portion of the grant must be reduced by 25 percent of the MFIP cash received
by the assistance unit.new text end The residual amount of the grant, if any, must be paid to the caregiver.
A sanction under this subdivision becomes effective the first month following the month
in which a required notice is given. A sanction must not be imposed when a caregiver comes
into compliance with the requirements under section 256.741 prior to the effective date of
the sanction. The sanction shall be removed in the month following the month that the
caregiver cooperates with the support requirementsnew text begin , unless the requirements in subdivision
1, paragraph (h), are metnew text end . Each month that an MFIP caregiver fails to comply with the
requirements of section 256.741 must be considered a separate occurrence of noncompliance
for the purpose of applying sanctions under subdivision 1, paragraphs (c)deleted text begin , clause (2),deleted text end and
(d).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective May 1, 2026.
new text end
Sec. 55.
Minnesota Statutes 2022, section 256J.46, subdivision 2a, is amended to read:
Subd. 2a.
Dual sanctions.
(a) Notwithstanding the provisions of subdivisions 1 and 2,
for a participant subject to a sanction for refusal to comply with child support requirements
under subdivision 2 and subject to a concurrent sanction for refusal to cooperate with other
program requirements under subdivision 1, sanctions shall be imposed in the manner
prescribed in this subdivision.
deleted text begin
Any vendor payment of shelter costs or utilities under this subdivision must remain in
effect for six months after the month in which the participant is no longer subject to sanction
under subdivision 1.
deleted text end
deleted text begin
(b) If the participant was subject to sanction for:
deleted text end
deleted text begin
(1) noncompliance under subdivision 1 before being subject to sanction for
noncooperation under subdivision 2; or
deleted text end
deleted text begin
(2) noncooperation under subdivision 2 before being subject to sanction for
noncompliance under subdivision 1, the participant is considered to have a second occurrence
of noncompliance and shall be sanctioned as provided in subdivision 1, paragraph (c), clause
(2). Each subsequent occurrence of noncompliance shall be considered one additional
occurrence and shall be subject to the applicable level of sanction under subdivision 1. The
requirement that the county conduct a review as specified in subdivision 1, paragraph (d),
remains in effect.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end A participant who deleted text begin firstdeleted text end becomes subject to sanction under both subdivisions 1
and 2 in the same month is subject to sanction as follows:
(1) in the first month of noncompliance and noncooperation, the participant'snew text begin cash portion
of thenew text end grant must be reduced by deleted text begin 30deleted text end new text begin 25new text end percent of the deleted text begin applicabledeleted text end MFIP deleted text begin standard of needdeleted text end new text begin cash
received by the assistance unitnew text end , with any residual amount paid to the participant;
(2) in the second and subsequent months of noncompliance and noncooperation, the
participant shall be subject to the applicable level of sanction under subdivision deleted text begin 1deleted text end new text begin 2new text end .
The requirement that the county conduct a review as specified in subdivision 1, paragraph
(d), remains in effect.
deleted text begin (d)deleted text end new text begin (c)new text end A participant remains subject to sanction under subdivision 2 if the participant:
(1) returns to compliance and is no longer subject to sanction for noncompliance with
section 256J.45 or sections 256J.515 to 256J.57; or
(2) has the sanction for noncompliance with section 256J.45 or sections 256J.515 to
256J.57 removed upon completion of the review under subdivision 1, paragraph deleted text begin (e)deleted text end new text begin (d)new text end .
A participant remains subject to the applicable level of sanction under subdivision 1 if
the participant cooperates and is no longer subject to sanction under subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective May 1, 2026.
new text end
Sec. 56.
Minnesota Statutes 2022, section 256J.49, subdivision 9, is amended to read:
Subd. 9.
Participant.
"Participant" means a recipient of MFIP assistance who participates
or is required to participate in employment and training services under sections 256J.515
to 256J.57 deleted text begin and 256J.95deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 57.
Minnesota Statutes 2022, section 256J.50, subdivision 1, is amended to read:
Subdivision 1.
Employment and training services component of MFIP.
(a) Each
county must develop and provide an employment and training services component which
is designed to put participants on the most direct path to unsubsidized employment.
Participation in these services is mandatory for all MFIP caregivers.
(b) A county must provide employment and training services under sections 256J.515
to 256J.74 within 30 days after the caregiver is determined eligible for MFIPdeleted text begin , or within ten
days when the caregiver participated in the diversionary work program under section 256J.95
within the past 12 monthsdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 58.
Minnesota Statutes 2022, section 256J.521, subdivision 1, is amended to read:
Subdivision 1.
Assessments.
(a) For purposes of MFIP employment services, assessment
is a continuing process of gathering information related to employability for the purpose of
identifying both participant's strengths and strategies for coping with issues that interfere
with employment. The job counselor must use information from the assessment process to
develop and update the employment plan under subdivision 2 or 3, as appropriate, to
determine whether the participant qualifies for a family violence waiver including an
employment plan under subdivision 3, and to determine whether the participant should be
referred to family stabilization services under section 256J.575.
(b) The scope of assessment must cover at least the following areas:
(1) basic information about the participant's ability to obtain and retain employment,
including: a review of the participant's education level; interests, skills, and abilities; prior
employment or work experience; transferable work skills; child care and transportation
needs;
(2) identification of personal and family circumstances that impact the participant's
ability to obtain and retain employment, including: any special needs of the children, the
level of English proficiency, family violence issues, and any involvement with social services
or the legal system;
(3) the results of a mental and chemical health screening tool designed by the
commissioner and results of the brief screening tool for special learning needs. Screening
tools for mental and chemical health and special learning needs must be approved by the
commissioner and may only be administered by job counselors or county staff trained in
using such screening tools. Participants must be told of the purpose of the screens and how
the information will be used to assist the participant in identifying and overcoming barriers
to employment. Screening for mental and chemical health and special learning needs must
be completed by participants three months after development of the initial employment plan
or earlier if there is a documented need. Failure to complete the screens will result in sanction
under section 256J.46; and
(4) a comprehensive review of participation and progress for participants who have
received MFIP assistance and have not worked in unsubsidized employment during the past
12 months. The purpose of the review is to determine the need for additional services and
supports, including placement in subsidized employment or unpaid work experience under
section 256J.49, subdivision 13, or referral to family stabilization services under section
256J.575.
deleted text begin
(c) Information gathered during a caregiver's participation in the diversionary work
program under section 256J.95 must be incorporated into the assessment process.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end The job counselor may require the participant to complete a professional chemical
use assessment to be performed according to the rules adopted under section 254A.03,
subdivision 3, including provisions in the administrative rules which recognize the cultural
background of the participant, or a professional psychological assessment as a component
of the assessment process, when the job counselor has a reasonable belief, based on objective
evidence, that a participant's ability to obtain and retain suitable employment is impaired
by a medical condition. The job counselor may assist the participant with arranging services,
including child care assistance and transportation, necessary to meet needs identified by the
assessment. Data gathered as part of a professional assessment must be classified and
disclosed according to the provisions in section 13.46.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 59.
Minnesota Statutes 2022, section 256J.621, subdivision 1, is amended to read:
Subdivision 1.
Program characteristics.
(a) Within 30 days of exiting the Minnesota
family investment program with earnings, the county must assess eligibility for work
participation cash benefits of $25 per month to assist in meeting the family's basic needs as
the participant continues to move toward self-sufficiency. Payment begins effective the first
of the month following exit or termination for MFIP deleted text begin and DWPdeleted text end participants.
(b) To be eligible for work participation cash benefits, the participant shall not receive
MFIP deleted text begin or diversionary work programdeleted text end assistance during the month and the participant or
participants must meet the following work requirements:
(1) if the participant is a single caregiver and has a child under six years of age, the
participant must be employed at least 87 hours per month;
(2) if the participant is a single caregiver and does not have a child under six years of
age, the participant must be employed at least 130 hours per month; or
(3) if the household is a two-parent family, at least one of the parents must be employed
130 hours per month.
Whenever a participant deleted text begin exits the diversionary work program ordeleted text end is terminated from MFIP
and meets the other criteria in this section, work participation cash benefits are available
for up to 24 consecutive months.
(c) Expenditures on the program are maintenance of effort state funds under a separate
state program for participants under paragraph (b), clauses (1) and (2). Expenditures for
participants under paragraph (b), clause (3), are nonmaintenance of effort funds. Months in
which a participant receives work participation cash benefits under this section do not count
toward the participant's MFIP 60-month time limit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 60.
Minnesota Statutes 2022, section 256J.626, subdivision 2, is amended to read:
Subd. 2.
Allowable expenditures.
(a) The commissioner must restrict expenditures
under the consolidated fund to benefits and services allowed under title IV-A of the federal
Social Security Act. Allowable expenditures under the consolidated fund may include, but
are not limited to:
(1) short-term, nonrecurring shelter and utility needs that are excluded from the definition
of assistance under Code of Federal Regulations, title 45, section 260.31, for families who
meet the residency requirement in section 256J.12, subdivisions 1 and 1a. Payments under
this subdivision are not considered TANF cash assistance and are not counted towards the
60-month time limit;
(2) transportation needed to obtain or retain employment or to participate in other
approved work activities or activities under a family stabilization plan;
(3) direct and administrative costs of staff to deliver employment services for MFIPdeleted text begin , the
diversionary work program,deleted text end or family stabilization services; to administer financial assistance;
and to provide specialized services intended to assist hard-to-employ participants to transition
to work or transition from family stabilization services to MFIP;
(4) costs of education and training including functional work literacy and English as a
second language;
(5) cost of work supports including tools, clothing, boots, telephone service, and other
work-related expenses;
(6) county administrative expenses as defined in Code of Federal Regulations, title 45,
section 260(b);
(7) services to parenting and pregnant teens;
(8) supported work;
(9) wage subsidies;
(10) child care needed for MFIPdeleted text begin , the diversionary work program,deleted text end or family stabilization
services participants to participate in social services;
(11) child care to ensure that families leaving MFIP deleted text begin or diversionary work programdeleted text end will
continue to receive child care assistance from the time the family no longer qualifies for
transition year child care until an opening occurs under the basic sliding fee child care
program;
(12) services to help noncustodial parents who live in Minnesota and have minor children
receiving MFIP deleted text begin or DWPdeleted text end assistance, but do not live in the same household as the child,
obtain or retain employment; and
(13) services to help families participating in family stabilization services achieve the
greatest possible degree of self-sufficiency.
(b) Administrative costs that are not matched with county funds as provided in subdivision
8 may not exceed 7.5 percent of a county's or 15 percent of a tribe's allocation under this
section. The commissioner shall define administrative costs for purposes of this subdivision.
(c) The commissioner may waive the cap on administrative costs for a county or tribe
that elects to provide an approved supported employment, unpaid work, or community work
experience program for a major segment of the county's or tribe's MFIP population. The
county or tribe must apply for the waiver on forms provided by the commissioner. In no
case shall total administrative costs exceed the TANF limits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 61.
Minnesota Statutes 2022, section 256J.626, subdivision 3, is amended to read:
Subd. 3.
Eligibility for services.
Families with a minor child, a pregnant woman, or a
noncustodial parent of a minor child receiving assistance, with incomes below 200 percent
of the federal poverty guideline for a family of the applicable size, are eligible for services
funded under the consolidated fund. Counties and tribes must give priority to families
currently receiving MFIPdeleted text begin , the diversionary work program,deleted text end or family stabilization servicesdeleted text begin ,deleted text end
and families at risk of receiving MFIP deleted text begin or diversionary work programdeleted text end . A county or tribe
shall not impose a residency requirement on families, except for the residency requirement
under section 256J.12.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 62.
Minnesota Statutes 2022, section 256J.751, subdivision 2, is amended to read:
Subd. 2.
Quarterly comparison report.
(a) The commissioner shall report quarterly to
all counties on each county's performance on the following measures:
(1) percent of MFIP caseload working in paid employment;
(2) percent of MFIP caseload receiving only the food portion of assistance;
(3) number of MFIP cases that have left assistance;
(4) median placement wage rate;
(5) caseload by months of TANF assistance;
(6) percent of MFIP deleted text begin and diversionary work program (DWP)deleted text end cases off cash assistance
or working 30 or more hours per week at one-year, two-year, and three-year follow-up
points from a baseline quarter. This measure is called the self-support index. The
commissioner shall report quarterly an expected range of performance for each county,
county grouping, and tribe on the self-support index. The expected range shall be derived
by a statistical methodology developed by the commissioner in consultation with the counties
and tribes. The statistical methodology shall control differences across counties in economic
conditions and demographics of the MFIP deleted text begin and DWPdeleted text end case load; and
(7) the TANF work participation rate, defined as the participation requirements specified
under Public Law 109-171, the Deficit Reduction Act of 2005.
(b) The commissioner shall not apply the limits on vocational educational training and
education activities under Code of Federal Regulations, title 45, section 261.33(c), when
determining TANF work participation rates for individual counties under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 63.
Minnesota Statutes 2022, section 256P.01, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Prospective budgeting. new text end
new text begin
"Prospective budgeting" means estimating the amount
of monthly income that an assistance unit will have in the payment month.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 64.
Minnesota Statutes 2022, section 256P.02, subdivision 2, is amended to read:
Subd. 2.
Personal property limitations.
The equity value of an assistance unit's personal
property listed in clauses (1) to (5) must not exceed $10,000 for applicants and participants.
For purposes of this subdivision, personal property is limited to:
(1) cash;
(2) bank accountsnew text begin not excluded under subdivision 4new text end ;
(3) liquid stocks and bonds that can be readily accessed without a financial penalty;
(4) vehicles not excluded under subdivision 3; and
(5) the full value of business accounts used to pay expenses not related to the business.
Sec. 65.
Minnesota Statutes 2022, section 256P.02, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Account exception. new text end
new text begin
Family asset accounts under section 256E.35 and individual
development accounts authorized under the Assets for Independence Act, Title IV of the
Community Opportunities, Accountability, and Training and Educational Services Human
Services Reauthorization Act of 1998, Public Law 105-285, shall be excluded when
determining the equity value of personal property.
new text end
Sec. 66.
Minnesota Statutes 2022, section 256P.04, subdivision 4, is amended to read:
Subd. 4.
Factors to be verified.
(a) The agency shall verify the following at application:
(1) identity of adults;
(2) age, if necessary to determine eligibility;
(3) immigration status;
(4) income;
(5) spousal support and child support payments made to persons outside the household;
(6) vehicles;
(7) checking and savings accounts, including but not limited to any business accounts
used to pay expenses not related to the business;
(8) inconsistent information, if related to eligibility;
(9) residence;new text begin and
new text end
(10) Social Security numberdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(11) use of nonrecurring income under section 256P.06, subdivision 3, clause (2), item
(ix), for the intended purpose for which it was given and received.
deleted text end
(b) Applicants who are qualified noncitizens and victims of domestic violence as defined
under section 256J.08, subdivision 73, clauses (8) and (9), are not required to verify the
information in paragraph (a), clause (10). When a Social Security number is not provided
to the agency for verification, this requirement is satisfied when each member of the
assistance unit cooperates with the procedures for verification of Social Security numbers,
issuance of duplicate cards, and issuance of new numbers which have been established
jointly between the Social Security Administration and the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 67.
Minnesota Statutes 2022, section 256P.04, subdivision 8, is amended to read:
Subd. 8.
Recertification.
The agency shall recertify eligibility annually. During
recertificationnew text begin and reporting under section 256P.10new text end , the agency shall verify the following:
(1) income, unless excluded, including self-employment earnings;
(2) assets when the value is within $200 of the asset limit; and
(3) inconsistent information, if related to eligibility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 68.
Minnesota Statutes 2022, section 256P.06, subdivision 3, is amended to read:
Subd. 3.
Income inclusions.
The following must be included in determining the income
of an assistance unit:
(1) earned income; and
(2) unearned income, which includes:
(i) interest and dividends from investments and savings;
(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;
(iii) proceeds from rent and contract for deed payments in excess of the principal and
interest portion owed on property;
(iv) income from trusts, excluding special needs and supplemental needs trusts;
(v) interest income from loans made by the participant or household;
(vi) cash prizes and winnings;
(vii) unemployment insurance income that is received by an adult member of the
assistance unit unless the individual receiving unemployment insurance income is:
(A) 18 years of age and enrolled in a secondary school; or
(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;
(viii) new text begin for the purposes of programs under chapters 256D and 256I, new text end retirement, survivors,
and disability insurance payments;
deleted text begin
(ix) nonrecurring income over $60 per quarter unless the nonrecurring income is: (A)
from tax refunds, tax rebates, or tax credits; (B) a reimbursement, rebate, award, grant, or
refund of personal or real property or costs or losses incurred when these payments are
made by: a public agency; a court; solicitations through public appeal; a federal, state, or
local unit of government; or a disaster assistance organization; (C) provided as an in-kind
benefit; or (D) earmarked and used for the purpose for which it was intended, subject to
verification requirements under section 256P.04;
deleted text end
deleted text begin (x)deleted text end new text begin (ix)new text end retirement benefits;
deleted text begin (xi)deleted text end new text begin (x)new text end cash assistance benefits, as defined by each program in chapters 119B, 256D,
256I, and 256J;
deleted text begin (xii)deleted text end new text begin (xi)new text end Tribal per capita payments unless excluded by federal and state law;
deleted text begin (xiii)deleted text end new text begin (xii)new text end income from members of the United States armed forces unless excluded
from income taxes according to federal or state law;
deleted text begin (xiv)deleted text end new text begin (xiii) for the purposes of programs under chapters 119B, 256D, and 256I, new text end all child
support payments deleted text begin for programs under chapters 119B, 256D, and 256Ideleted text end ;
deleted text begin (xv)deleted text end new text begin (xiv) for the purposes of programs under chapter 256J, new text end the amount of child support
received that exceeds $100 for assistance units with one child and $200 for assistance units
with two or more children deleted text begin for programs under chapter 256Jdeleted text end ;
deleted text begin (xvi)deleted text end new text begin (xv)new text end spousal support; deleted text begin and
deleted text end
deleted text begin (xvii)deleted text end new text begin (xvi)new text end workers' compensationdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(xvii) for the purposes of programs under chapters 119B and 256J, the amount of
retirement, survivors, and disability insurance payments that exceeds the applicable monthly
federal maximum Supplemental Security Income payments.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2024, except the removal
of item (ix) related to nonrecurring income is effective July 1, 2024.
new text end
Sec. 69.
Minnesota Statutes 2022, section 256P.07, subdivision 1, is amended to read:
Subdivision 1.
Exempted programs.
Participants who new text begin receive Supplemental Security
Income and new text end qualify for Minnesota supplemental aid under chapter 256D deleted text begin anddeleted text end new text begin ornew text end for housing
support under chapter 256I deleted text begin on the basis of eligibility for Supplemental Security Incomedeleted text end are
exempt from deleted text begin this sectiondeleted text end new text begin reporting income under this chapternew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 70.
Minnesota Statutes 2022, section 256P.07, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Child care assistance programs. new text end
new text begin
Participants who qualify for child care
assistance programs under chapter 119B are exempt from this section except the reporting
requirements in subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 71.
Minnesota Statutes 2022, section 256P.07, subdivision 2, is amended to read:
Subd. 2.
Reporting requirements.
An applicant or participant must provide information
on an application and any subsequent reporting forms about the assistance unit's
circumstances that affect eligibility or benefits. An applicant or assistance unit must report
changes new text begin that affect eligibility or benefits as new text end identified in deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 3new text begin , 4, 5,
7, 8, and 9 during the application period or by the tenth of the month following the month
the assistance unit's circumstances changednew text end . When information is not accurately reported,
both an overpayment and a referral for a fraud investigation may result. When information
or documentation is not provided, the receipt of any benefit may be delayed or denied,
depending on the type of information required and its effect on eligibility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 72.
Minnesota Statutes 2022, section 256P.07, subdivision 3, is amended to read:
Subd. 3.
Changes that must be reported.
deleted text begin
An assistance unit must report the changes
or anticipated changes specified in clauses (1) to (12) within ten days of the date they occur,
at the time of recertification of eligibility under section 256P.04, subdivisions 8 and 9, or
within eight calendar days of a reporting period, whichever occurs first. An assistance unit
must report other changes at the time of recertification of eligibility under section 256P.04,
subdivisions 8 and 9, or at the end of a reporting period, as applicable. When an agency
could have reduced or terminated assistance for one or more payment months if a delay in
reporting a change specified under clauses (1) to (12) had not occurred, the agency must
determine whether a timely notice could have been issued on the day that the change
occurred. When a timely notice could have been issued, each month's overpayment
subsequent to that notice must be considered a client error overpayment under section
119B.11, subdivision 2a, or 256P.08. Changes in circumstances that must be reported within
ten days must also be reported for the reporting period in which those changes occurred.
Within ten days, an assistance unit must report:
deleted text end
deleted text begin
(1) a change in earned income of $100 per month or greater with the exception of a
program under chapter 119B;
deleted text end
deleted text begin
(2) a change in unearned income of $50 per month or greater with the exception of a
program under chapter 119B;
deleted text end
deleted text begin
(3) a change in employment status and hours with the exception of a program under
chapter 119B;
deleted text end
deleted text begin
(4) a change in address or residence;
deleted text end
deleted text begin
(5) a change in household composition with the exception of programs under chapter
256I;
deleted text end
deleted text begin
(6) a receipt of a lump-sum payment with the exception of a program under chapter
119B;
deleted text end
deleted text begin
(7) an increase in assets if over $9,000 with the exception of programs under chapter
119B;
deleted text end
deleted text begin
(8) a change in citizenship or immigration status;
deleted text end
deleted text begin
(9) a change in family status with the exception of programs under chapter 256I;
deleted text end
deleted text begin
(10) a change in disability status of a unit member, with the exception of programs under
chapter 119B;
deleted text end
deleted text begin
(11) a new rent subsidy or a change in rent subsidy with the exception of a program
under chapter 119B; and
deleted text end
deleted text begin
(12) a sale, purchase, or transfer of real property with the exception of a program under
chapter 119B.
deleted text end
new text begin
(a) An assistance unit must report changes or anticipated changes as described in this
section.
new text end
new text begin
(b) An assistance unit must report:
new text end
new text begin
(1) a change in eligibility for Supplemental Security Income, Retirement Survivors
Disability Insurance, or another federal income support;
new text end
new text begin
(2) a change in address or residence;
new text end
new text begin
(3) a change in household composition with the exception of programs under chapter
256I;
new text end
new text begin
(4) cash prizes and winnings according to guidance provided for the Supplemental
Nutrition Assistance Program;
new text end
new text begin
(5) a change in citizenship or immigration status;
new text end
new text begin
(6) a change in family status with the exception of programs under chapter 256I; and
new text end
new text begin
(7) a change that makes the value of the unit's assets at or above the asset limit.
new text end
new text begin
(c) When an agency could have reduced or terminated assistance for one or more payment
months if a delay in reporting a change specified under paragraph (b) had not occurred, the
agency must determine whether the agency could have issued a timely notice on the day
that the change occurred. When a timely notice could have been issued, each month's
overpayment subsequent to the notice must be considered a client error overpayment under
section 256P.08.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025, except that the amendment
deleting clause (6) is effective July 1, 2024.
new text end
Sec. 73.
Minnesota Statutes 2022, section 256P.07, subdivision 4, is amended to read:
Subd. 4.
MFIP-specific reporting.
In addition to subdivision 3, an assistance unit under
chapter 256Jdeleted text begin , within ten days of the change,deleted text end must report:
(1) a pregnancy not resulting in birth when there are no other minor children; deleted text begin and
deleted text end
(2) a change in school attendance of a parent under 20 years of age deleted text begin or of an employed
child.deleted text end new text begin ; and
new text end
new text begin
(3) an individual in the household who is 18 or 19 years of age attending high school
who graduates or drops out of school.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 74.
Minnesota Statutes 2022, section 256P.07, subdivision 6, is amended to read:
Subd. 6.
Child care assistance programs-specific reporting.
(a) deleted text begin In addition to
subdivision 3,deleted text end An assistance unit under chapter 119B, within ten days of the change, must
report:
(1) a change in a parentally responsible individual's custody schedule for any child
receiving child care assistance program benefits;
(2) a permanent end in a parentally responsible individual's authorized activity; deleted text begin and
deleted text end
(3) if the unit's family's annual included income exceeds 85 percent of the state median
income, adjusted for family sizedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) a change in address or residence;
new text end
new text begin
(5) a change in household composition;
new text end
new text begin
(6) a change in citizenship or immigration status; and
new text end
new text begin
(7) a change in family status.
new text end
(b) An assistance unit subject to section 119B.095, subdivision 1, paragraph (b), must
report a change in the unit's authorized activity status.
(c) An assistance unit must notify the county when the unit wants to reduce the number
of authorized hours for children in the unit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 75.
Minnesota Statutes 2022, section 256P.07, subdivision 7, is amended to read:
Subd. 7.
Minnesota supplemental aid-specific reporting.
new text begin (a) new text end In addition to subdivision
3, an assistance unit participating in the Minnesota supplemental aid program under deleted text begin section
256D.44, subdivision 5, paragraph (g), within ten days of the change,deleted text end new text begin chapter 256D and not
receiving Supplemental Security Incomenew text end must report deleted text begin shelter expenses.deleted text end new text begin :
new text end
new text begin
(1) a change in unearned income of $50 per month or greater; and
new text end
new text begin
(2) a change in earned income of $100 per month or greater.
new text end
new text begin
(b) An assistance unit receiving housing assistance under section 256D.44, subdivision
5, paragraph (g), including assistance units that also receive Supplemental Security Income,
must report:
new text end
new text begin
(1) a change in shelter expenses; and
new text end
new text begin
(2) a new rent subsidy or a change in rent subsidy.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 76.
Minnesota Statutes 2022, section 256P.07, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Housing support-specific reporting. new text end
new text begin
(a) In addition to subdivision 3, an
assistance unit participating in the housing support program under chapter 256I and not
receiving Supplemental Security Income must report:
new text end
new text begin
(1) a change in unearned income of $50 per month or greater; and
new text end
new text begin
(2) a change in earned income of $100 per month or greater, unless the assistance unit
is already subject to six-month reporting requirements in section 256P.10.
new text end
new text begin
(b) Notwithstanding the exemptions in subdivisions 1 and 3, an assistance unit receiving
housing support under chapter 256I, including an assistance unit that receives Supplemental
Security Income, must report:
new text end
new text begin
(1) a new rent subsidy or a change in rent subsidy;
new text end
new text begin
(2) a change in the disability status of a unit member; and
new text end
new text begin
(3) a change in household composition if the assistance unit is a participant in housing
support under section 256I.04, subdivision 3, paragraph (a), clause (3).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 77.
Minnesota Statutes 2022, section 256P.07, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin General assistance-specific reporting. new text end
new text begin
In addition to subdivision 3, an
assistance unit participating in the general assistance program under chapter 256D must
report:
new text end
new text begin
(1) a change in unearned income of $50 per month or greater;
new text end
new text begin
(2) a change in earned income of $100 per month or greater, unless the assistance unit
is already subject to six-month reporting requirements in section 256P.10; and
new text end
new text begin
(3) changes in any condition that would result in the loss of basis for eligibility in section
256D.05, subdivision 1, paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 78.
new text begin
[256P.09] PROSPECTIVE BUDGETING OF BENEFITS.
new text end
new text begin Subdivision 1. new text end
new text begin Exempted programs. new text end
new text begin
Assistance units that qualify for child care
assistance programs under chapter 119B and assistance units that receive housing support
under chapter 256I are not subject to reporting under section 256P.10, and assistance units
that qualify for Minnesota supplemental aid under chapter 256D are exempt from this
section.
new text end
new text begin Subd. 2. new text end
new text begin Prospective budgeting of benefits. new text end
new text begin
An agency subject to this chapter must use
prospective budgeting to calculate the assistance payment amount.
new text end
new text begin Subd. 3. new text end
new text begin Initial income. new text end
new text begin
For the purpose of determining an assistance unit's level of
benefits, an agency must take into account the income already received by the assistance
unit during or anticipated to be received during the application period. Income anticipated
to be received only in the initial month of eligibility must only be counted in the initial
month.
new text end
new text begin Subd. 4. new text end
new text begin Income determination. new text end
new text begin
An agency must use prospective budgeting to determine
the amount of the assistance unit's benefit for the eligibility period based on the best
information available at the time of approval. An agency shall only count anticipated income
when the participant and the agency are reasonably certain of the amount of the payment
and the month in which the payment will be received. If the exact amount of the income is
not known, the agency shall consider only the amounts that can be anticipated as income.
new text end
new text begin Subd. 5. new text end
new text begin Income changes. new text end
new text begin
An increase in income shall not affect an assistance unit's
eligibility or benefit amount until the next review unless otherwise required to be reported
in section 256P.07. A decrease in income shall be effective on the date that the change
occurs if the change is reported by the tenth of the month following the month when the
change occurred. If the assistance unit does not report the change in income by the tenth of
the month following the month when the change occurred, the change in income shall be
effective on the date the change was reported.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 79.
new text begin
[256P.10] SIX-MONTH REPORTING.
new text end
new text begin Subdivision 1. new text end
new text begin Exempted programs. new text end
new text begin
Assistance units that qualify for child care
assistance programs under chapter 119B, assistance units that qualify for Minnesota
supplemental aid under chapter 256D, and assistance units that qualify for housing support
under chapter 256I and also receive Supplemental Security Income are exempt from this
section.
new text end
new text begin Subd. 2. new text end
new text begin Reporting. new text end
new text begin
(a) Every six months, an assistance unit that qualifies for the
Minnesota family investment program under chapter 256J, an assistance unit that qualifies
for general assistance under chapter 256D with an earned income of $100 per month or
greater, or an assistance unit that qualifies for housing support under chapter 256I with an
earned income of $100 per month or greater is subject to six-month reviews. The initial
reporting period may be shorter than six months in order to align with other programs'
reporting periods.
new text end
new text begin
(b) An assistance unit that qualifies for the Minnesota family investment program or an
assistance unit that qualifies for general assistance with an earned income of $100 per month
or greater must complete household report forms as required by the commissioner for
redetermination of benefits.
new text end
new text begin
(c) An assistance unit that qualifies for housing support with an earned income of $100
per month or greater must complete household report forms as prescribed by the
commissioner to provide information about earned income.
new text end
new text begin
(d) An assistance unit that qualifies for housing support and also receives assistance
through the Minnesota family investment program shall be subject to requirements of this
section for purposes of the Minnesota family investment program but not for housing support.
new text end
new text begin
(e) An assistance unit covered by this section must submit a household report form in
compliance with the provisions in section 256P.04, subdivision 11.
new text end
new text begin
(f) An assistance unit covered by this section may choose to report changes under this
section at any time.
new text end
new text begin Subd. 3. new text end
new text begin When to terminate assistance. new text end
new text begin
(a) An agency must terminate benefits when
the assistance unit fails to submit the household report form before the end of the six-month
review period. If the assistance unit submits the household report form within 30 days of
the termination of benefits and remains eligible, benefits must be reinstated and made
available retroactively for the full benefit month.
new text end
new text begin
(b) When an assistance unit is determined to be ineligible for assistance according to
this section and chapter 256D, 256I, or 256J, the agency must terminate assistance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2025.
new text end
Sec. 80.
Minnesota Statutes 2022, section 261.063, is amended to read:
261.063 TAX LEVY FOR SOCIAL SERVICES; BOARD DUTY; PENALTY.
(a) The board of county commissioners of each county shall annually levy taxes and fix
a rate sufficient to produce the full amount required for poor relief, general assistance,
Minnesota family investment program, deleted text begin diversionary work program,deleted text end county share of county
and state supplemental aid to Supplemental Security Income applicants or recipients, and
any other Social Security measures wherein there is now or may hereafter be county
participation, sufficient to produce the full amount necessary for each such item, including
administrative expenses, for the ensuing year, within the time fixed by law in addition to
all other tax levies and tax rates, however fixed or determined, and any commissioner who
shall fail to comply herewith shall be guilty of a gross misdemeanor and shall be immediately
removed from office by the governor. For the purposes of this paragraph, "poor relief"
means county services provided under sections 261.035 and 261.21 to 261.231.
(b) Nothing within the provisions of this section shall be construed as requiring a county
agency to provide income support or cash assistance to needy persons when they are no
longer eligible for assistance under general assistance, chapter 256J, or Minnesota
supplemental aid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 81.
Minnesota Statutes 2022, section 514.972, subdivision 5, is amended to read:
Subd. 5.
Access to certain items.
(a) Any occupant may remove from the self-storage
facility personal papers and health aids upon demand made to any of the persons listed in
section 514.976, subdivision 1.
(b) An occupant who provides documentation from a government or nonprofit agency
or legal aid office that the occupant is a recipient of relief based on need, is eligible for legal
aid services, or is a survivor of domestic violence or sexual assault may remove, in addition
to the items provided in paragraph (a), personal clothing of the occupant and the occupant's
dependents and tools of the trade that are necessary for the livelihood of the occupant that
has a market value not to exceed $125 per item.
(c) The occupant shall present a list of the items and may remove the items during the
facility's ordinary business hours prior to the sale authorized by section 514.973. If the
owner unjustifiably denies the occupant access for the purpose of removing the items
specified in this subdivision, the occupant is entitled to request relief from the court for an
order allowing access to the storage space for removal of the specified items. The self-service
storage facility is liable to the occupant for the costs, disbursements, and attorney fees
expended by the occupant to obtain this order.
(d) For the purposes of this subdivision, "relief based on need" includes but is not limited
to receipt of a benefit from the Minnesota family investment program deleted text begin and diversionary
work programdeleted text end , medical assistance, general assistance, emergency general assistance,
Minnesota supplemental aid, Minnesota supplemental aid housing assistance, MinnesotaCare,
Supplemental Security Income, energy assistance, emergency assistance, Supplemental
Nutrition Assistance Program benefits, earned income tax credit, or Minnesota working
family tax credit. Relief based on need can also be proven by providing documentation from
a legal aid organization that the individual is receiving legal aid assistance, or by providing
documentation from a government agency, nonprofit, or housing assistance program that
the individual is receiving assistance due to domestic violence or sexual assault.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 82. new text begin SUPPLEMENTAL NUTRITION ASSISTANCE OUTREACH PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin SNAP outreach program. new text end
new text begin
The commissioner of human services shall
implement a Supplemental Nutrition Assistance Program (SNAP) outreach program to
inform low-income households about the availability, eligibility requirements, application
procedures, and benefits of SNAP that meets the requirements of the United States
Department of Agriculture.
new text end
new text begin Subd. 2. new text end
new text begin Duties of commissioner. new text end
new text begin
In addition to any other duties imposed by federal
law, the commissioner shall:
new text end
new text begin
(1) supervise the administration of the SNAP outreach program according to guidance
provided by the United States Department of Agriculture;
new text end
new text begin
(2) submit the SNAP outreach plan and budget to the United States Department of
Agriculture;
new text end
new text begin
(3) accept any funds provided by the federal government or other sources for SNAP
outreach;
new text end
new text begin
(4) administer the request-for-proposals process and establish contracts with grantees
to ensure SNAP outreach services are available to inform low-income households statewide;
new text end
new text begin
(5) approve budgets from grantees to ensure that activities are eligible for federal
reimbursement;
new text end
new text begin
(6) monitor grantees, review invoices, and reimburse grantees for allowable costs that
are eligible for federal reimbursement;
new text end
new text begin
(7) provide technical assistance to grantees to ensure that projects support SNAP outreach
goals and project costs are eligible for federal reimbursement;
new text end
new text begin
(8) work in partnership with counties, Tribal Nations, and community organizations to
enhance the reach and services of a statewide SNAP outreach program; and
new text end
new text begin
(9) identify and leverage eligible nonfederal funds to earn federal reimbursement for
SNAP outreach.
new text end
new text begin Subd. 3. new text end
new text begin Program funding. new text end
new text begin
(a) Grantees must submit allowable costs for approved
SNAP outreach activities to the commissioner in order to receive federal reimbursement.
new text end
new text begin
(b) The commissioner shall disburse federal reimbursement funds for allowable costs
for approved SNAP outreach activities to the state agency or grantee that incurred the costs
being reimbursed.
new text end
Sec. 83. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall remove from Minnesota Statutes, sections 550.143,
subdivision 3c; 550.37, subdivision 14; 551.05, subdivision 1d; 571.72, subdivision 10;
571.912, subdivision 3; and 571.925, the terms "MFIP Diversionary Work Program" and
"MFIP diversionary work program." The revisor shall also make any necessary grammatical
changes related to the removal of terms.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective March 1, 2024.
new text end
Sec. 84. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 256.9864; 256J.08, subdivisions 10, 53, 61, 62,
81, and 83; 256J.30, subdivisions 5, 7, and 8; 256J.33, subdivisions 3, 4, and 5; 256J.34,
subdivisions 1, 2, 3, and 4; and 256J.37, subdivision 10,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, section 256J.425, subdivision 6,
new text end
new text begin
is repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Statutes 2022, sections 119B.011, subdivision 10a; 256J.08, subdivision
24b; 256J.95, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19;
and 256P.07, subdivision 5,
new text end
new text begin
are repealed.
new text end
new text begin
(d)
new text end
new text begin
Minnesota Statutes 2022, section 256D.63, subdivision 1,
new text end
new text begin
is repealed.
new text end
new text begin
(e)
new text end
new text begin
Minnesota Statutes 2022, section 256.8799,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (a) is effective March 1, 2025, except the repeal of
Minnesota Statutes, sections 256J.08, subdivisions 53 and 62, and 256J.37, subdivision 10,
is effective July 1, 2024. Paragraph (b) is effective May 1, 2026. Paragraph (c) is effective
March 1, 2024. Paragraph (d) is effective the day following final enactment. Paragraph (e)
is effective August 1, 2023.
new text end
ARTICLE 6
HOMELESSNESS
Section 1.
Minnesota Statutes 2022, section 145.4716, subdivision 3, is amended to read:
Subd. 3.
Youth eligible for services.
Youth 24 years of age or younger shall be eligible
for all services, support, and programs provided under this section and section 145.4717,
and all shelter, housing beds, and services provided by the commissioner of human services
to sexually exploited youth and youth at risk of sexual exploitationnew text begin under section 256K.47new text end .
Sec. 2.
Minnesota Statutes 2022, section 256K.45, subdivision 3, is amended to read:
Subd. 3.
Street and community outreach and drop-in program.
Youth drop-in centers
must provide walk-in access to crisis intervention and ongoing supportive services including
one-to-one case management services on a self-referral basis. Street and community outreach
programs must locate, contact, and provide information, referrals, and services to homeless
youth, youth at risk of homelessness, and runaways. Information, referrals, and services
provided may include, but are not limited to:
(1) family reunification services;
(2) conflict resolution or mediation counseling;
(3) assistance in obtaining temporary emergency shelter;
(4) assistance in obtaining food, clothing, medical care, or mental health counseling;
(5) counseling regarding violence, sexual exploitation, substance abuse, sexually
transmitted diseases, and pregnancy;
(6) referrals to other agencies that provide support services to homeless youth, youth at
risk of homelessness, and runaways;
(7) assistance with education, employment, and independent living skills;
(8) aftercare services;
(9) specialized services for highly vulnerable runaways and homeless youth, including
deleted text begin teendeleted text end new text begin but not limited to youth at risk of discrimination based on sexual orientation or gender
identity, youngnew text end parents, emotionally disturbed and mentally ill youth, and sexually exploited
youth; and
(10) homelessness prevention.
Sec. 3.
Minnesota Statutes 2022, section 256K.45, subdivision 7, is amended to read:
Subd. 7.
Provider repair or improvement grants.
(a) Providers that serve homeless
youth deleted text begin under this sectiondeleted text end may apply for a grant of up to deleted text begin $200,000deleted text end new text begin $500,000new text end under this
subdivision to make minor or mechanical repairs or improvements to a facility providing
services to homeless youth or youth at risk of homelessness.
(b) Grant applications under this subdivision must include a description of the repairs
or improvements and the estimated cost of the repairs or improvements.
deleted text begin
(c) Grantees under this subdivision cannot receive grant funds under this subdivision
for two consecutive years.
deleted text end
Sec. 4.
Minnesota Statutes 2022, section 256K.45, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Awarding of grants. new text end
new text begin
For grants awarded pursuant to a two-year grant contract,
the commissioner shall permit grant recipients to carry over any unexpended amount from
the first contract year to the second contract year.
new text end
Sec. 5.
new text begin
[256K.47] SAFE HARBOR SHELTER AND HOUSING GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Grant program established. new text end
new text begin
The commissioner of human services shall
establish the safe harbor shelter and housing grant program and award grants to providers
who are committed to serving sexually exploited youth and youth at risk of sexual
exploitation. The grant program is to provide street and community outreach programs,
emergency shelter programs, and supportive housing programs, consistent with the program
descriptions in this section in order to address the specialized outreach, shelter, and housing
needs of sexually exploited youth and youth at risk of sexual exploitation.
new text end
new text begin Subd. 2. new text end
new text begin Youth eligible for services. new text end
new text begin
Youth 24 years of age or younger shall be eligible
for all shelter, housing beds, and services provided under this section and all services,
support, and programs provided by the commissioner of health to sexually exploited youth
and youth at risk of sexual exploitation under sections 145.4716 and 145.4717.
new text end
new text begin Subd. 3. new text end
new text begin Street and community outreach. new text end
new text begin
Street and community outreach programs
receiving grants under this section must locate, contact, and provide information, referrals,
and services to eligible youth. Information, referrals, and services provided by street and
community outreach programs may include but are not limited to:
new text end
new text begin
(1) family reunification services;
new text end
new text begin
(2) conflict resolution or mediation counseling;
new text end
new text begin
(3) assistance in obtaining temporary emergency shelter;
new text end
new text begin
(4) assistance in obtaining food, clothing, medical care, or mental health counseling;
new text end
new text begin
(5) counseling regarding violence, sexual exploitation, substance use, sexually transmitted
infections, and pregnancy;
new text end
new text begin
(6) referrals to other agencies that provide support services to sexually exploited youth
and youth at risk of sexual exploitation;
new text end
new text begin
(7) assistance with education, employment, and independent living skills;
new text end
new text begin
(8) aftercare services;
new text end
new text begin
(9) specialized services for sexually exploited youth and youth at risk of sexual
exploitation, including youth experiencing homelessness and youth with mental health
needs; and
new text end
new text begin
(10) services to address the prevention of sexual exploitation and homelessness.
new text end
new text begin Subd. 4. new text end
new text begin Emergency shelter program. new text end
new text begin
(a) Emergency shelter programs must provide
eligible youth with referral and walk-in access to emergency, short-term residential care.
The program shall provide eligible youth with safe, dignified shelter, including private
shower facilities, beds, and meals each day; and shall assist eligible youth with reunification
with the family or legal guardian when required or appropriate.
new text end
new text begin
(b) The services provided at emergency shelters may include but are not limited to:
new text end
new text begin
(1) specialized services to address the trauma of sexual exploitation;
new text end
new text begin
(2) family reunification services;
new text end
new text begin
(3) individual, family, and group counseling;
new text end
new text begin
(4) assistance obtaining clothing;
new text end
new text begin
(5) access to medical and dental care and mental health counseling;
new text end
new text begin
(6) counseling regarding violence, sexual exploitation, substance use, sexually transmitted
infections, and pregnancy;
new text end
new text begin
(7) education and employment services;
new text end
new text begin
(8) recreational activities;
new text end
new text begin
(9) advocacy and referral services;
new text end
new text begin
(10) independent living skills training;
new text end
new text begin
(11) aftercare and follow-up services;
new text end
new text begin
(12) transportation; and
new text end
new text begin
(13) services to address the prevention of sexual exploitation and homelessness.
new text end
new text begin Subd. 5. new text end
new text begin Supportive housing programs. new text end
new text begin
Supportive housing programs must help eligible
youth find and maintain safe, dignified housing and provide related supportive services and
referrals. The program may also provide rental assistance. Services provided in supportive
housing programs may include but are not limited to:
new text end
new text begin
(1) specialized services to address the trauma of sexual exploitation;
new text end
new text begin
(2) education and employment services;
new text end
new text begin
(3) budgeting and money management;
new text end
new text begin
(4) assistance in securing housing appropriate to needs and income;
new text end
new text begin
(5) counseling regarding violence, sexual exploitation, substance use, sexually transmitted
infections, and pregnancy;
new text end
new text begin
(6) referral for medical services or chemical dependency treatment;
new text end
new text begin
(7) parenting skills;
new text end
new text begin
(8) self-sufficiency support services and independent living skills training;
new text end
new text begin
(9) aftercare and follow-up services; and
new text end
new text begin
(10) services to address the prevention of sexual exploitation and homelessness
prevention.
new text end
new text begin Subd. 6. new text end
new text begin Funding. new text end
new text begin
Money appropriated for this section may be expended on programs
described under subdivisions 3 to 5, technical assistance, and capacity building to meet the
greatest need on a statewide basis.
new text end
Sec. 6. new text begin HOMELESS YOUTH CASH STIPEND PILOT PROJECT.
new text end
new text begin Subdivision 1. new text end
new text begin Pilot project established. new text end
new text begin
The commissioner of human services shall
establish a homeless youth cash stipend pilot project to provide a direct cash stipend to
homeless youth in St. Louis County. The pilot project must be designed to meet the needs
of underserved communities.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of human services.
new text end
new text begin
(c) "Homeless youth" means a person 18 to 24 years of age who lacks a fixed, regular,
and adequate nighttime residence. The following are not fixed, regular, or adequate nighttime
residences:
new text end
new text begin
(1) a supervised publicly or privately operated shelter designed to provide temporary
living accommodations;
new text end
new text begin
(2) an institution or a publicly or privately operated shelter designed to provide temporary
living accommodations;
new text end
new text begin
(3) transitional housing;
new text end
new text begin
(4) a temporary placement with a peer, friend, or family member that has not offered
permanent residence, a residential lease, or temporary lodging for more than 30 days; or
new text end
new text begin
(5) a public or private place not designed for, nor ordinarily used as, a regular sleeping
accommodation for human beings.
new text end
new text begin Subd. 3. new text end
new text begin Administration. new text end
new text begin
The commissioner, as authorized by Minnesota Statutes,
section 256.01, subdivision 2, paragraph (a), clause (6), shall contract with Youthprise to:
new text end
new text begin
(1) identify eligible homeless youth under this section;
new text end
new text begin
(2) provide technical assistance to cash stipend recipients;
new text end
new text begin
(3) engage with cash stipend recipients to develop youth-designed optional services;
new text end
new text begin
(4) evaluate the efficacy and cost-effectiveness of the pilot program;
new text end
new text begin
(5) collaborate with youth leaders of each county to identify and contract with the
appropriate service providers to offer financial coaching, housing navigation, employment,
education services, and trauma-informed mentoring and support; and
new text end
new text begin
(6) submit annual updates and a final report to the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Eligibility. new text end
new text begin
Homeless youth who are 18 to 24 years of age and who live in St.
Louis County at the time of initial enrollment are eligible to participate in the pilot project.
new text end
new text begin Subd. 5. new text end
new text begin Cash stipend. new text end
new text begin
The commissioner, in consultation with Youthprise and St. Louis
County, shall establish a stipend amount for eligible homeless youth who participate in the
pilot project.
new text end
new text begin Subd. 6. new text end
new text begin Stipends not to be considered income. new text end
new text begin
(a) Notwithstanding any law to the
contrary, cash stipends under this section must not be considered income, assets, or personal
property for purposes of determining eligibility or recertifying eligibility for:
new text end
new text begin
(1) child care assistance programs under Minnesota Statutes, chapter 119B;
new text end
new text begin
(2) general assistance, Minnesota supplemental aid, and food support under Minnesota
Statutes, chapter 256D;
new text end
new text begin
(3) housing support under Minnesota Statutes, chapter 256I;
new text end
new text begin
(4) the Minnesota family investment program and diversionary work program under
Minnesota Statutes, chapter 256J; and
new text end
new text begin
(5) economic assistance programs under Minnesota Statutes, chapter 256P.
new text end
new text begin
(b) The commissioner must not consider cash stipends under this section as income or
assets for medical assistance under Minnesota Statutes, section 256B.056, subdivision 1a,
paragraph (a); 3; or 3c.
new text end
new text begin
(c) Postsecondary institutions as defined in Minnesota Statutes, section 136A.103, shall
minimize any negative impact on student financial aid resulting from the receipt of cash
stipends under this section.
new text end
new text begin Subd. 7. new text end
new text begin Report. new text end
new text begin
The commissioner, in cooperation with Youthprise and St. Louis
County, shall submit an annual report on Youthprise's findings regarding the efficacy and
cost-effectiveness of the homeless youth cash stipend pilot project to the chairs and ranking
minority members of the legislative committees with jurisdiction over homeless youth policy
and finance by January 15, 2024, and each January 15 thereafter.
new text end
new text begin Subd. 8. new text end
new text begin Expiration. new text end
new text begin
This section expires June 30, 2027.
new text end
Sec. 7. new text begin EMERGENCY SHELTER FACILITIES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of human services.
new text end
new text begin
(c) "Eligible applicant" means a statutory or home rule charter city, county, Tribal
government, not-for-profit corporation under section 501(c)(3) of the Internal Revenue
Code, or housing and redevelopment authority established under Minnesota Statutes, section
469.003.
new text end
new text begin
(d) "Emergency shelter facility" or "facility" means a facility that provides a safe, sanitary,
accessible, and suitable emergency shelter for individuals and families experiencing
homelessness, regardless of whether the facility provides emergency shelter during the day,
overnight, or both.
new text end
new text begin Subd. 2. new text end
new text begin Project criteria. new text end
new text begin
(a) The commissioner shall prioritize grants under this section
for projects that improve or expand emergency shelter facility options by:
new text end
new text begin
(1) adding additional emergency shelter facilities by renovating existing facilities not
currently operating as emergency shelter facilities;
new text end
new text begin
(2) adding additional emergency shelter facility beds by renovating existing emergency
shelter facilities, including major projects that address an accumulation of deferred
maintenance or repair or replacement of mechanical, electrical, and safety systems and
components in danger of failure;
new text end
new text begin
(3) adding additional emergency shelter facility beds through acquisition and construction
of new emergency shelter facilities;
new text end
new text begin
(4) improving the safety, sanitation, accessibility, and habitability of existing emergency
shelter facilities, including major projects that address an accumulation of deferred
maintenance or repair or replacement of mechanical, electrical, and safety systems and
components in danger of failure; and
new text end
new text begin
(5) improving access to emergency shelter facilities that provide culturally appropriate
shelter and gender-inclusive shelter.
new text end
new text begin
(b) A grant under this section may be used to pay for 100 percent of total project capital
expenditures or a specified project phase, up to $10,000,000 per project. For eligible
applicants seeking funding under this section for the acquisition and construction of new
emergency shelter facilities under paragraph (a), clause (3), the commissioner must give
priority to projects in which the eligible applicant will provide at least ten percent of total
project funding.
new text end
new text begin
(c) All projects funded with a grant under this section must meet all applicable state and
local building codes at the time of project completion.
new text end
new text begin
(d) The commissioner must use a competitive request for proposal process to identify
potential projects and eligible applicants on a statewide basis. At least 40 percent of the
appropriation under this section must be awarded to projects located in greater Minnesota.
If the commissioner does not receive sufficient eligible funding requests from greater
Minnesota to award at least 40 percent of the appropriation under this section to projects in
greater Minnesota, the commissioner may award the remaining funds to other eligible
projects.
new text end
new text begin
(e) Notwithstanding Minnesota Statutes, sections 16B.98, subdivision 5, paragraph (a),
clauses (1) and (2), and 16C.05, subdivision 2, paragraph (a), clause (3), final grant recipients
from a competitive grant process may incur eligible expenses based on an agreed-upon
predesign and design work plan and budget commencing July 1, 2023, prior to an
encumbrance being established in the accounting system and grant execution.
new text end
ARTICLE 7
MISCELLANEOUS
Section 1.
Minnesota Statutes 2022, section 4.045, is amended to read:
4.045 CHILDREN'S CABINET.
The Children's Cabinet shall consist of the commissioners of educationdeleted text begin ,deleted text end new text begin ;new text end human servicesdeleted text begin ,deleted text end new text begin ;new text end
employment and economic developmentdeleted text begin ,deleted text end new text begin ;new text end public safetydeleted text begin ,deleted text end new text begin ;new text end correctionsdeleted text begin ,deleted text end new text begin ;new text end management and
budgetdeleted text begin ,deleted text end new text begin ;new text end healthdeleted text begin ,deleted text end new text begin ;new text end administrationdeleted text begin ,deleted text end new text begin ;new text end Housing Finance Agencydeleted text begin , anddeleted text end new text begin ;new text end transportationdeleted text begin ,deleted text end new text begin ;new text end and deleted text begin the
director of the Office of Strategic and Long-Range Planningdeleted text end new text begin children, youth, and familiesnew text end .
The governor shall designate one member to serve as cabinet chair. The chair is responsible
for ensuring that the duties of the Children's Cabinet are performed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 2.
Minnesota Statutes 2022, section 10.65, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) As used in this section, the following terms have the meanings
given:
(1) "agency" means the Department of Administrationdeleted text begin ,deleted text end new text begin ;new text end Department of Agriculturedeleted text begin ,deleted text end new text begin ;
Department of Children, Youth, and Families;new text end Department of Commercedeleted text begin ,deleted text end new text begin ;new text end Department of
Correctionsdeleted text begin ,deleted text end new text begin ;new text end Department of Educationdeleted text begin ,deleted text end new text begin ;new text end Department of Employment and Economic
Developmentdeleted text begin ,deleted text end new text begin ;new text end Department of Healthdeleted text begin ,deleted text end new text begin ;new text end Office of Higher Educationdeleted text begin ,deleted text end new text begin ;new text end Housing Finance
Agencydeleted text begin ,deleted text end new text begin ;new text end Department of Human Rightsdeleted text begin ,deleted text end new text begin ;new text end Department of Human Servicesdeleted text begin ,deleted text end new text begin ;new text end Department of
Information Technology Servicesdeleted text begin ,deleted text end new text begin ;new text end Department of Iron Range Resources and Rehabilitationdeleted text begin ,deleted text end new text begin ;new text end
Department of Labor and Industrydeleted text begin ,deleted text end new text begin ;new text end Minnesota Management and Budgetdeleted text begin ,deleted text end new text begin ;new text end Bureau of
Mediation Servicesdeleted text begin ,deleted text end new text begin ;new text end Department of Military Affairsdeleted text begin ,deleted text end new text begin ;new text end Metropolitan Councildeleted text begin ,deleted text end new text begin ;new text end Department
of Natural Resourcesdeleted text begin ,deleted text end new text begin ;new text end Pollution Control Agencydeleted text begin ,deleted text end new text begin ;new text end Department of Public Safetydeleted text begin ,deleted text end new text begin ;new text end Department
of Revenuedeleted text begin ,deleted text end new text begin ;new text end Department of Transportationdeleted text begin ,deleted text end new text begin ;new text end Department of Veterans Affairsdeleted text begin ,deleted text end new text begin ;new text end Gambling
Control Boarddeleted text begin ,deleted text end new text begin ;new text end Racing Commissiondeleted text begin ,deleted text end new text begin ;new text end the Minnesota Lotterydeleted text begin ,deleted text end new text begin ;new text end the Animal Health Boarddeleted text begin ,deleted text end new text begin ;new text end
and the Board of Water and Soil Resources;
(2) "consultation" means the direct and interactive involvement of the Minnesota Tribal
governments in the development of policy on matters that have Tribal implications.
Consultation is the proactive, affirmative process of identifying and seeking input from
appropriate Tribal governments and considering their interest as a necessary and integral
part of the decision-making process. This definition adds to statutorily mandated notification
procedures. During a consultation, the burden is on the agency to show that it has made a
good faith effort to elicit feedback. Consultation is a formal engagement between agency
officials and the governing body or bodies of an individual Minnesota Tribal government
that the agency or an individual Tribal government may initiate. Formal meetings or
communication between top agency officials and the governing body of a Minnesota Tribal
government is a necessary element of consultation;
(3) "matters that have Tribal implications" means rules, legislative proposals, policy
statements, or other actions that have substantial direct effects on one or more Minnesota
Tribal governments, or on the distribution of power and responsibilities between the state
and Minnesota Tribal governments;
(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located
in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech
Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian
Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community;
and Upper Sioux Community; and
(5) "timely and meaningful" means done or occurring at a favorable or useful time that
allows the result of consultation to be included in the agency's decision-making process for
a matter that has Tribal implications.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 3.
Minnesota Statutes 2022, section 15.01, is amended to read:
15.01 DEPARTMENTS OF THE STATE.
The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; new text begin the Department of Children,
Youth, and Families; new text end the Department of Commerce; the Department of Corrections; the
Department of Education; the Department of Employment and Economic Development;
the Department of Health; the Department of Human Rights; the Department of Information
Technology Services; the Department of Iron Range Resources and Rehabilitation; the
Department of Labor and Industry; the Department of Management and Budget; the
Department of Military Affairs; the Department of Natural Resources; the Department of
Public Safety; the Department of Human Services; the Department of Revenue; the
Department of Transportation; the Department of Veterans Affairs; and their successor
departments.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 4.
Minnesota Statutes 2022, section 15.06, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
This section applies to the following departments or
agencies: the Departments of Administrationdeleted text begin ,deleted text end new text begin ;new text end Agriculturedeleted text begin ,deleted text end new text begin ; Children, Youth, and Families;new text end
Commercedeleted text begin ,deleted text end new text begin ;new text end Correctionsdeleted text begin ,deleted text end new text begin ;new text end Educationdeleted text begin ,deleted text end new text begin ;new text end Employment and Economic Developmentdeleted text begin ,deleted text end new text begin ;new text end Healthdeleted text begin ,deleted text end new text begin ;new text end
Human Rightsdeleted text begin ,deleted text end new text begin ;new text end Labor and Industrydeleted text begin ,deleted text end new text begin ;new text end Management and Budgetdeleted text begin ,deleted text end new text begin ;new text end Natural Resourcesdeleted text begin ,deleted text end new text begin ;new text end Public
Safetydeleted text begin ,deleted text end new text begin ;new text end Human Servicesdeleted text begin ,deleted text end new text begin ;new text end Revenuedeleted text begin ,deleted text end new text begin ;new text end Transportationdeleted text begin ,deleted text end new text begin ;new text end and Veterans Affairs; the Housing
Finance and Pollution Control Agencies; the Office of Commissioner of Iron Range
Resources and Rehabilitation; the Department of Information Technology Services; the
Bureau of Mediation Services; and their successor departments and agencies. The heads of
the foregoing departments or agencies are "commissioners."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 5.
Minnesota Statutes 2022, section 15A.0815, subdivision 2, is amended to read:
Subd. 2.
Group I salary limits.
The salary for a position listed in this subdivision shall
not exceed 133 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of education;
new text begin
Commissioner of children, youth, and families;
new text end
Commissioner of commerce;
Commissioner of corrections;
Commissioner of health;
Commissioner, Minnesota Office of Higher Education;
Commissioner, Housing Finance Agency;
Commissioner of human rights;
Commissioner of human services;
Commissioner of labor and industry;
Commissioner of management and budget;
Commissioner of natural resources;
Commissioner, Pollution Control Agency;
Commissioner of public safety;
Commissioner of revenue;
Commissioner of employment and economic development;
Commissioner of transportation; and
Commissioner of veterans affairs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 6.
Minnesota Statutes 2022, section 43A.08, subdivision 1a, is amended to read:
Subd. 1a.
Additional unclassified positions.
Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; new text begin Children, Youth, and Families; new text end Commerce;
Corrections; Education; Employment and Economic Development; Explore Minnesota
Tourism; Management and Budget; Health; Human Rights; Labor and Industry; Natural
Resources; Public Safety; Human Services; Revenue; Transportation; and Veterans Affairs;
the Housing Finance and Pollution Control Agencies; the State Lottery; the State Board of
Investment; the Office of Administrative Hearings; the Department of Information
Technology Services; the Offices of the Attorney General, Secretary of State, and State
Auditor; the Minnesota State Colleges and Universities; the Minnesota Office of Higher
Education; the Perpich Center for Arts Education; and the Minnesota Zoological Board.
A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:
(1) the designation of the position would not be contrary to other law relating specifically
to that agency;
(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;
(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;
(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;
(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;
(6) the position would be at the level of division or bureau director or assistant to the
agency head; and
(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 7.
new text begin
[119C.01] GREAT START SCHOLARSHIPS PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; purpose. new text end
new text begin
The commissioner of children, youth, and
families, in collaboration with the commissioner of education and the commissioner of
human services, shall establish and develop the great start scholarships program to ensure
affordable access to high-quality early care and learning for children from birth to
kindergarten entry.
new text end
new text begin Subd. 2. new text end
new text begin Development. new text end
new text begin
In developing the program under this section, the commissioner
shall:
new text end
new text begin
(1) identify ways to integrate the functions, administrative structures, and funding
mechanisms of early care and learning programs administered by the state with the great
start scholarships program;
new text end
new text begin
(2) consider the recommendations made by the Great Start for All Minnesota Children
Task Force under Laws 2021, First Special Session chapter 7, article 14, section 18,
subdivision 2;
new text end
new text begin
(3) make a plan to seamlessly transition the following families to the great start
scholarships program by July 1, 2026:
new text end
new text begin
(i) families with at least one child receiving an early learning scholarship under section
124D.165; and
new text end
new text begin
(ii) families with at least one child who is not yet in kindergarten and is receiving child
care assistance under section 119B.03 or 119B.05 for care received from a provider licensed
under Minnesota Rules, chapter 9502 or 9503, or Tribally licensed, or a Head Start program
that has a rating under section 124D.142;
new text end
new text begin
(4) create mechanisms for members of local communities, including families and members
of the early care and learning workforce, to have input in decisions regarding needs and
preferences for early care and learning options;
new text end
new text begin
(5) develop a method for funding early care and learning slots in response to local need
through contracts with eligible providers that may be used to deliver services that meet
quality and compensation standards with the intent to build early care and learning capacity
statewide for children from birth to kindergarten entry; and
new text end
new text begin
(6) maximize available federal resources while minimizing the extent to which state
policy is limited by federal regulations. The executive director, in consultation with an
appropriate state agency, may seek federal technical assistance or outside consultation as
necessary to provide minimally burdensome program access to all participating families.
new text end
new text begin Subd. 3. new text end
new text begin Program requirements. new text end
new text begin
The great start scholarships program must include at
a minimum:
new text end
new text begin
(1) family-directed scholarships that provide financial assistance to families voluntarily
participating in the program;
new text end
new text begin
(2) family eligibility for any family that has at least one child who is not yet in
kindergarten;
new text end
new text begin
(3) provider eligibility for:
new text end
new text begin
(i) any program licensed under Minnesota Rules, chapter 9502 or 9503, or Tribally
licensed, that participates in the quality rating and improvement system under section
124D.142; and
new text end
new text begin
(ii) any school-based program and Head Start program that has a rating under section
124D.142;
new text end
new text begin
(4) a unified, integrated, and simple online application process that utilizes administrative
data to ease qualification and benefit determination and facilitate required reporting to the
federal government;
new text end
new text begin
(5) an integrated electronic attendance tracking system and payments system to safeguard
program integrity and streamline billing and payment processes for providers; and
new text end
new text begin
(6) a schedule for scholarship amounts that ensures that no participating family pays
more than seven percent of annual income for early care and learning services for children
from birth to kindergarten entry. Scholarship amounts may vary by family income, program
quality, geography, and need for compensatory services, and may take into consideration
the results of the market rate survey under section 119B.02, subdivision 7; information from
cost estimation models for providing early care and learning in the state; and cost information
gathered through contracts under subdivision 2, clause (5).
new text end
new text begin Subd. 4. new text end
new text begin Administration. new text end
new text begin
By May 1, 2026, the commissioner, in consultation with the
commissioners of education and human services, shall have in place the administrative
structures and systems needed for the great start scholarships program to meet the operational
needs of participating families and eligible providers.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 8.
Minnesota Statutes 2022, section 124D.142, subdivision 2, is amended to read:
Subd. 2.
System components.
new text begin (a) new text end The standards-based voluntary quality rating and
improvement system includes:
new text begin
(1) at least a one-star rating for all programs licensed under Minnesota Rules, chapter
9502 or 9503, that do not opt out of the system under paragraph (b) and that are not:
new text end
new text begin
(i) the subject of a finding of fraud;
new text end
new text begin
(ii) prohibited from receiving public funds under section 245.095;
new text end
new text begin
(iii) under revocation, suspension, temporary immediate suspension, or decertification,
regardless of whether the action is under appeal; or
new text end
new text begin
(iv) operating under a conditional license, regardless of whether the license holder has
requested reconsideration;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end quality opportunities in order to improve the educational outcomes of children
so that they are ready for school;
deleted text begin (2)deleted text end new text begin (3)new text end a framework based on the Minnesota quality rating system rating tool and a
common set of child outcome and program standards informed by evaluation results;
deleted text begin (3)deleted text end new text begin (4)new text end a tool to increase the number of publicly funded and regulated early learning and
care services in both public and private market programs that are high quality;
deleted text begin (4)deleted text end new text begin (5)new text end voluntary participation ensuring that if a program or provider chooses to
participate, the program or provider will be rated and may receive public funding associated
with the rating; and
deleted text begin (5)deleted text end new text begin (6)new text end tracking progress toward statewide access to high-quality early learning and care
programs, progress toward the number of low-income children whose parents can access
quality programs, and progress toward increasing the number of children who are fully
prepared to enter kindergarten.
new text begin
(b) The commissioner of human services shall establish a process by which a program
may opt out of the rating under paragraph (a), clause (1).
new text end
Sec. 9.
new text begin
[143.01] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
The definitions in this section apply to this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of children, youth,
and families.
new text end
new text begin Subd. 3. new text end
new text begin Department. new text end
new text begin
"Department" means the Department of Children, Youth, and
Families.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 10.
new text begin
[143.02] CREATION OF THE DEPARTMENT OF CHILDREN, YOUTH,
AND FAMILIES.
new text end
new text begin Subdivision 1. new text end
new text begin Department. new text end
new text begin
The Department of Children, Youth, and Families is
established.
new text end
new text begin Subd. 2. new text end
new text begin Transfer and restructuring provisions. new text end
new text begin
The restructuring of agencies under
this act must be conducted in accordance with sections 15.039 and 43A.045.
new text end
new text begin Subd. 3. new text end
new text begin Successor and employee protection clause. new text end
new text begin
(a) Personnel relating to the
functions assigned to the commissioner in section 143.03 are transferred to the department
effective 30 days after approval by the commissioner.
new text end
new text begin
(b) Before the commissioner's appointment, personnel relating to the functions in this
section may be transferred beginning July 1, 2024, with 30 days' notice from the
commissioner of management and budget.
new text end
new text begin
(c) The following protections shall apply to employees who are transferred to the
department from state agencies:
new text end
new text begin
(1) no transferred employee shall have their employment status and job classification
altered as a result of the transfer;
new text end
new text begin
(2) transferred employees who were represented by an exclusive representative prior to
the transfer shall continue to be represented by the same exclusive representative after the
transfer;
new text end
new text begin
(3) any applicable collective bargaining agreements with exclusive representatives shall
continue in full force and effect for transferred employees after the transfer;
new text end
new text begin
(4) when an employee in a temporary unclassified position is transferred to the
department, the total length of time that the employee has served in the appointment shall
include all time served in the appointment at the transferring agency and the time served in
the appointment at the department. An employee in a temporary unclassified position who
was hired by a transferring agency through an open competitive selection process in
accordance with a policy enacted by the commissioner of management and budget shall be
considered to have been hired through such process after the transfer;
new text end
new text begin
(5) the state shall have the obligation to meet and negotiate with the exclusive
representatives of the transferred employees about any proposed changes affecting or relating
to the transferred employees' terms and conditions of employment to the extent that the
proposed changes are not addressed in the applicable collective bargaining agreement; and
new text end
new text begin
(6) in the event that the state transfers ownership or control of any facilities, services,
or operations of the department to another private or public entity by subcontracting, sale,
assignment, lease, or other transfer, the state shall require as a written condition of the
transfer of ownership or control the following:
new text end
new text begin
(i) employees who perform work in the facilities, services, or operations must be offered
employment with the entity acquiring ownership or control before the entity offers
employment to any individual who was not employed by the transferring agency at the time
of the transfer; and
new text end
new text begin
(ii) the wage and benefit standards of the transferred employees must not be reduced by
the entity acquiring ownership or control through the expiration of the collective bargaining
agreement in effect at the time of the transfer or for a period of two years after the transfer,
whichever is longer.
new text end
new text begin
There is no liability on the part of, and no cause of action arises against, the state of
Minnesota or its officers or agents for any action or inaction of any entity acquiring ownership
or control of any facilities, services, or operations of the department.
new text end
new text begin
(d) To the extent that departmental changes affect the operations of any school district
or charter school, employers have the obligation to bargain about any changes affecting or
relating to employees' terms and conditions of employment if the changes are necessary
during or after the term of an existing collective bargaining agreement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 11.
new text begin
[143.03] COMMISSIONER.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
The department is under the administrative control of the
commissioner. The commissioner is appointed by the governor with the advice and consent
of the senate. The commissioner has the general powers provided in section 15.06,
subdivision 6. The commissioner's salary must be established according to the procedure
in section 15A.0815, subdivision 5, in the same range as specified for the commissioner of
management and budget.
new text end
new text begin Subd. 2. new text end
new text begin Duties of the commissioner. new text end
new text begin
(a) The commissioner may apply for and accept
on behalf of the state any grants, bequests, gifts, or contributions for the purpose of carrying
out the duties and responsibilities of the commissioner. Any money received under this
paragraph is appropriated and dedicated for the purpose for which the money is granted.
The commissioner must biennially report to the chairs and ranking minority members of
relevant legislative committees and divisions by January 15 of each even-numbered year a
list of all grants and gifts received under this subdivision.
new text end
new text begin
(b) Pursuant to law, the commissioner may apply for and receive money made available
from federal sources for the purpose of carrying out the duties and responsibilities of the
commissioner.
new text end
new text begin
(c) The commissioner may make contracts with and grants to Tribal Nations, public and
private agencies and organizations, both for-profit and nonprofit, and individuals using
appropriated money.
new text end
new text begin
(d) The commissioner must develop program objectives and performance measures for
evaluating progress toward achieving the objectives. The commissioner must identify the
objectives, performance measures, and current status of achieving the measures in a biennial
report to the chairs and ranking minority members of relevant legislative committees and
divisions. The report is due no later than January 15 each even-numbered year. The report
must include, when possible, the following objectives:
new text end
new text begin
(1) considering the experiences of children, youth, and families in all aspects of the
department's work;
new text end
new text begin
(2) increasing the effectiveness of the department's programs in addressing the needs of
children and youth facing racial, economic, or geographic inequities;
new text end
new text begin
(3) increasing coordination and reducing inefficiencies among the department's programs
and the funding sources that support the programs;
new text end
new text begin
(4) increasing the alignment and coordination of family access to child care and early
learning programs and improving systems of support for early childhood and learning
providers and services;
new text end
new text begin
(5) improving the connection between the department's programs and the kindergarten
through grade 12 system and the higher education system; and
new text end
new text begin
(6) minimizing and streamlining the effort required of youth and families to receive
services to which the youth and families are entitled.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 12.
new text begin
[143.04] STATE AND COUNTY SYSTEMS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment of systems. new text end
new text begin
(a) The commissioner shall establish and
enhance computer systems necessary for the efficient operation of the programs the
commissioner supervises, including:
new text end
new text begin
(1) management and administration of the Supplemental Nutrition Assistance Program
(SNAP) and income maintenance program, including the electronic distribution of benefits;
and
new text end
new text begin
(2) management and administration of the child support enforcement program.
new text end
new text begin
(b) The commissioner's development costs incurred by computer systems for statewide
programs administered with that computer system and mandated by state or federal law
must not be assessed against county agencies. The commissioner may charge a county for
development and operating costs incurred by computer systems for functions requested by
the county and not mandated by state or federal law for programs administered by the
computer system incurring the cost.
new text end
new text begin
(c) The commissioner shall distribute the nonfederal share of the costs of operating and
maintaining the systems to the commissioner and to the counties participating in the system
in a manner that reflects actual system usage, except that the nonfederal share of the costs
of the MAXIS computer system and child support enforcement systems for statewide
programs administered by those systems and mandated by state or federal law shall be borne
entirely by the commissioner.
new text end
new text begin
(d) The commissioner may enter into contractual agreements with federally recognized
Indian Tribes with a reservation in Minnesota to participate in state-operated computer
systems related to the management and administration of the SNAP, income maintenance,
and child support enforcement programs to the extent necessary for the Tribe to operate a
federally approved family assistance program or any other program under the supervision
of the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin State systems account created. new text end
new text begin
A state systems account for the Department
of Children, Youth, and Families is created in the state treasury. Money collected by the
commissioner for the programs in subdivision 1 must be deposited in the account. Money
in the state systems account and federal matching money are appropriated to the
commissioner for purposes of this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 13.
new text begin
[143.05] RULEMAKING.
new text end
new text begin
(a) The commissioner may use the procedure in section 14.386, paragraph (a), to adopt
rules necessary to implement the responsibilities transferred under this act or through section
16B.37. Section 14.386, paragraph (b), does not apply to these rules.
new text end
new text begin
(b) The commissioner must amend Minnesota Rules to make conforming changes related
to the transfer of responsibilities under this act or through section 16B.37. The commissioner
must obtain the approval of the commissioners of human services, education, health, and
public safety for any amendments to or repeal of rules in existence on the effective date of
this section and administered under the authority of those agencies.
new text end
new text begin
(c) The time limit in section 14.125 is extended to 36 months for rulemaking under
paragraphs (a) and (b). The commissioner must publish a notice of intent to adopt rules or
a notice of hearing within 36 months of the effective date reported under section 143.05,
subdivision 1, paragraph (c).
new text end
new text begin
(d) The commissioner may adopt rules for the administration of activities related to the
department. Rules adopted under this paragraph are subject to the rulemaking requirements
of chapter 14.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 14.
Minnesota Statutes 2022, section 256.014, subdivision 1, is amended to read:
Subdivision 1.
Establishment of systems.
(a) The commissioner of human services
shall establish and enhance computer systems necessary for the efficient operation of deleted text begin thedeleted text end new text begin
medical assistance and othernew text end programs the commissioner supervisesdeleted text begin , including:deleted text end new text begin .
new text end
deleted text begin
(1) management and administration of the Supplemental Nutrition Assistance Program
(SNAP) and income maintenance program, including the electronic distribution of benefits;
deleted text end
deleted text begin
(2) management and administration of the child support enforcement program; and
deleted text end
deleted text begin
(3) administration of medical assistance.
deleted text end
(b) The commissioner's development costs incurred by computer systems for statewide
programs administered by that computer system and mandated by state or federal law must
not be assessed against county agencies. The commissioner may charge a county for
development and operating costs incurred by computer systems for functions requested by
the county and not mandated by state or federal law for programs administered by the
computer system incurring the cost.
(c) The commissioner shall distribute the nonfederal share of the costs of operating and
maintaining the systems to the commissioner and to the counties participating in the system
in a manner that reflects actual system usage, except that the nonfederal share of the costs
of the MAXIS computer system deleted text begin and child support enforcement systemsdeleted text end for statewide
programs administered by deleted text begin those systemsdeleted text end new text begin that systemnew text end and mandated by state or federal law
shall be borne entirely by the commissioner.
The commissioner may enter into contractual agreements with federally recognized
Indian tribes with a reservation in Minnesota to participate in state-operated computer
systems related to the management and administration of the deleted text begin SNAP, income maintenance,
child support enforcement, anddeleted text end medical assistance deleted text begin programsdeleted text end new text begin programnew text end to the extent necessary
for the tribe to operate deleted text begin a federally approved familydeleted text end new text begin the medicalnew text end assistance program or any
other program under the supervision of the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 15.
Minnesota Statutes 2022, section 256.014, subdivision 2, is amended to read:
Subd. 2.
State systems account created.
A state systems accountnew text begin for the Department
of Human Servicesnew text end is created in the state treasury. Money collected by the commissioner
of human services for the programs in subdivision 1 must be deposited in the account.
Money in the state systems account and federal matching money is appropriated to the
commissioner of human services for purposes of this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 16. new text begin APPOINTMENT OF COMMISSIONER OF CHILDREN, YOUTH, AND
FAMILIES.
new text end
new text begin
The governor shall appoint a commissioner-designee of the Department of Children,
Youth, and Families. The person appointed becomes the governor's appointee as the
commissioner of children, youth, and families on July 1, 2024.
new text end
Sec. 17. new text begin TRANSFERS FROM OTHER AGENCIES.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
(a) Between July 1, 2024, and July 1, 2025, the Departments
of Human Services, Education, and Public Safety must transition all of the responsibilities
held by these departments and described in this section to the Department of Children,
Youth, and Families.
new text end
new text begin
(b) Notwithstanding paragraph (a), any programs identified in paragraph (a) that require
federal approval to move to the Department of Children, Youth, and Families must be
transferred on or after July 1, 2024, and upon the federal government granting transfer
authority to the commissioner of children, youth, and families.
new text end
new text begin
(c) The commissioner of children, youth, and families must report an effective date of
the transfer of each responsibility identified in this section to the commissioners of
administration, management and budget, and other relevant departments along with the
secretary of the senate, the chief clerk of the house of representatives, and the chairs and
ranking minority members of relevant legislative committees and divisions. The reported
date is the effective date of transfer of responsibilities under Minnesota Statutes, section
15.039.
new text end
new text begin
(d) The requirement in Minnesota Statutes, section 16B.37, subdivision 1, that a state
agency must have been in existence for at least one year before being eligible for receiving
a transfer of personnel, powers, or duties does not apply to the Department of Children,
Youth, and Families.
new text end
new text begin
(e) Notwithstanding Minnesota Statutes, section 15.039, subdivision 6, for the transfer
of responsibilities conducted under this chapter, the unexpended balance of any appropriation
to an agency for the purposes of any responsibilities that are transferred to the Department
of Children, Youth, and Families, along with the operational functions to support the
responsibilities transferred, including administrative, legal, information technology, and
personnel support, and a proportional share of base funding, are reappropriated under the
same conditions as the original appropriation to the Department of Children, Youth, and
Families effective on the date of the transfer of responsibilities and related elements. The
commissioner of management and budget shall identify and allocate any unexpended
appropriations and base funding.
new text end
new text begin
(f) The commissioner of children, youth, and families or management and budget may
request an extension to transfer any responsibility listed in this section. The commissioner
of children, youth, and families or management and budget may request that the transfer of
any responsibility listed in this section be canceled if an effective date has not been reported
under paragraph (c). Any request under this paragraph must be made in writing to the
governor. Upon approval from the governor, the transfer may be delayed or canceled. Within
ten days after receiving the approval of the governor, the commissioner who requested the
transfer shall submit to the chairs and ranking minority members of relevant legislative
committees and divisions a notice of any extensions or cancellations granted under this
paragraph.
new text end
new text begin
(g) The commissioner of children, youth, and families must provide four successive
quarterly reports to relevant legislative committees on the status of transferring programs;
responsibilities; not public data as defined in section 13.02, subdivision 8a; and personnel
under this section. The first report must cover the quarter starting July 1, 2024, and each
report must be submitted by the 15th of the month following the quarter end.
new text end
new text begin Subd. 2. new text end
new text begin Department of Human Services. new text end
new text begin
The powers and duties of the Department
of Human Services with respect to the following responsibilities and related elements are
transferred to the Department of Children, Youth, and Families according to Minnesota
Statutes, section 15.039:
new text end
new text begin
(1) family services and community-based collaboratives under Minnesota Statutes,
section 124D.23;
new text end
new text begin
(2) child care programs under Minnesota Statutes, chapter 119B;
new text end
new text begin
(3) Parent Aware quality rating and improvement system under Minnesota Statutes,
section 124D.142;
new text end
new text begin
(4) migrant child care services under Minnesota Statutes, section 256M.50;
new text end
new text begin
(5) early childhood and school-age professional development training under Laws 2007,
chapter 147, article 2, section 56;
new text end
new text begin
(6) licensure of family child care and child care centers, child foster care, and private
child placing agencies under Minnesota Statutes, chapter 245A;
new text end
new text begin
(7) certification of license-exempt child care centers under Minnesota Statutes, chapter
245H;
new text end
new text begin
(8) program integrity and fraud related to the Child Care Assistance Program (CCAP),
the Minnesota Family Investment Program (MFIP), and the Supplemental Nutrition
Assistance Program (SNAP) under Minnesota Statutes, chapters 119B and 245E;
new text end
new text begin
(9) SNAP under Minnesota Statutes, sections 256D.61 to 256D.63;
new text end
new text begin
(10) electronic benefit transactions under Minnesota Statutes, sections 256.9862,
256.9863, 256.9865, 256.987, 256.9871, 256.9872, and 256J.77;
new text end
new text begin
(11) Minnesota food assistance program under Minnesota Statutes, section 256D.64;
new text end
new text begin
(12) Minnesota food shelf program under Minnesota Statutes, section 256E.34;
new text end
new text begin
(13) MFIP and Temporary Assistance for Needy Families (TANF) under Minnesota
Statutes, sections 256.9864 and 256.9865 and chapters 256J and 256P;
new text end
new text begin
(14) Diversionary Work Program (DWP) under Minnesota Statutes, section 256J.95;
new text end
new text begin
(15) resettlement programs under Minnesota Statutes, section 256B.06, subdivision 6;
new text end
new text begin
(16) child abuse under Minnesota Statutes, chapter 256E;
new text end
new text begin
(17) reporting of the maltreatment of minors under Minnesota Statutes, chapter 260E;
new text end
new text begin
(18) children in voluntary foster care for treatment under Minnesota Statutes, chapter
260D;
new text end
new text begin
(19) juvenile safety and placement under Minnesota Statutes, chapter 260C;
new text end
new text begin
(20) the Minnesota Indian Family Preservation Act under Minnesota Statutes, sections
260.751 to 260.835;
new text end
new text begin
(21) the Interstate Compact for Juveniles under Minnesota Statutes, section 260.515,
and the Interstate Compact on the Placement of Children under Minnesota Statutes, sections
260.851 to 260.93;
new text end
new text begin
(22) adoption under Minnesota Statutes, sections 259.20 to 259.89;
new text end
new text begin
(23) Northstar Care for Children under Minnesota Statutes, chapter 256N;
new text end
new text begin
(24) child support under Minnesota Statutes, chapters 13, 13B, 214, 256, 256J, 257, 259,
518, 518A, 518C, 551, 552, 571, and 588, and Minnesota Statutes, section 609.375;
new text end
new text begin
(25) community action programs under Minnesota Statutes, sections 256E.30 to 256E.32;
and
new text end
new text begin
(26) Family Assets for Independence in Minnesota under Minnesota Statutes, section
256E.35.
new text end
new text begin Subd. 3. new text end
new text begin Department of Education. new text end
new text begin
The powers and duties of the Department of
Education with respect to the following responsibilities and related elements are transferred
to the Department of Children, Youth, and Families according to Minnesota Statutes, section
15.039:
new text end
new text begin
(1) Head Start Program and Early Head Start under Minnesota Statutes, sections 119A.50
to 119A.545;
new text end
new text begin
(2) the early childhood screening program under Minnesota Statutes, sections 121A.16
to 121A.19;
new text end
new text begin
(3) early learning scholarships under Minnesota Statutes, section 124D.165;
new text end
new text begin
(4) the interagency early childhood intervention system under Minnesota Statutes,
sections 125A.259 to 125A.48;
new text end
new text begin
(5) voluntary prekindergarten programs and school readiness plus programs under
Minnesota Statutes, section 124D.151;
new text end
new text begin
(6) early childhood family education programs under Minnesota Statutes, sections
124D.13 to 124D.135;
new text end
new text begin
(7) school readiness under Minnesota Statutes, sections 124D.15 to 124D.16; and
new text end
new text begin
(8) after-school community learning programs under Minnesota Statutes, section
124D.2211.
new text end
new text begin Subd. 4. new text end
new text begin Department of Public Safety. new text end
new text begin
The powers and duties of the Department of
Public Safety with respect to the following responsibilities and related elements are
transferred to the Department of Children, Youth, and Families according to Minnesota
Statutes, section 15.039:
new text end
new text begin
(1) the juvenile justice program under Minnesota Statutes, section 299A.72; and
new text end
new text begin
(2) grants-in-aid to youth intervention programs under Minnesota Statutes, section
299A.73.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 18. new text begin TRANSITION REPORT TO THE LEGISLATURE.
new text end
new text begin
By March 1, 2024, the commissioner of management and budget must report to the
legislature on the status of work related to establishing and setting up the Department of
Children, Youth, and Families. The report must address, at a minimum:
new text end
new text begin
(1) the completed, ongoing, and anticipated work related to the transfer of programs,
responsibilities, and personnel to the department;
new text end
new text begin
(2) the development of interagency agreements for services that will be shared by
agencies, including any agreements related to access or sharing of not public data;
new text end
new text begin
(3) efforts to secure needed federal approvals for the transfer of programs and
responsibilities;
new text end
new text begin
(4) regular engagement with leaders and staff of state agencies, county and Tribal
governments, and school districts about the creation of the department and the transfer of
programs; responsibilities; not public data as defined in section 13.02, subdivision 8a; and
personnel to the department;
new text end
new text begin
(5) input from individuals impacted by the programs that are to be transferred to the
department and input from local services providers and other stakeholders about how to
improve services through the creation of the department; and
new text end
new text begin
(6) plans and timelines related to the items referenced in clauses (1) to (5).
new text end
new text begin
(b) The report must include recommendations for how to coordinate and partner with
county and Tribal governments, including through the use of a governing authority, such
as an intergovernmental advisory committee. The recommendations must be developed in
coordination with county and Tribal governments.
new text end
new text begin
(c) The report must include input from stakeholders and recommendations for improving
service coordination and delivery for families with children who have disabilities, including
recommendations for coordinating services between state agencies in the areas of child
protection, early education, children's mental health, disability services, and other areas
relevant to families with children who have disabilities.
new text end
Sec. 19. new text begin DATA PRACTICES.
new text end
new text begin
(a) To the extent not prohibited by state or federal law, and notwithstanding the data's
classification under Minnesota Statutes, chapter 13:
new text end
new text begin
(1) the commissioner of children, youth, and families may access data maintained by
the commissioners of education, human services, and public safety related to the
responsibilities transferred under section 17; and
new text end
new text begin
(2) the commissioners of education, human services, and public safety may access data
maintained by the commissioner of children, youth, and families related to each department's
respective responsibilities transferred under section 17.
new text end
new text begin
(b) Data sharing authorized by this subdivision includes only the data necessary to
coordinate department activities and services transferred under section 17.
new text end
new text begin
(c) Any data shared under this section retain the data's classification from the agency
holding the data.
new text end
new text begin
(d) Existing limitations and legal requirements under Minnesota Statutes, chapter 13,
including but not limited to any applicable data subject to consent requirements, apply to
any data accessed, transferred, disseminated, or shared under this section.
new text end
new text begin
(e) This section expires July 1, 2027.
new text end
Sec. 20. new text begin MODERNIZING INFORMATION TECHNOLOGY FOR PROGRAMS
IMPACTING CHILDREN AND FAMILIES.
new text end
new text begin
(a) To the extent there is funding available in the children and families information
technology account in the special revenue fund, the commissioner of information technology
services shall develop and implement a plan to transform and modernize the information
technology systems that support the programs impacting children and families, including
youth programs and child care and early learning programs, currently administered by the
Departments of Education and Human Services and other departments with programs
impacting children and families as identified by the Children's Cabinet. The commissioner
may contract for the services contained in this section.
new text end
new text begin
(b) The plan must support the goal of creating new or modernizing existing information
technology systems for child- and family-focused programs that collect, analyze, share, and
report data on program participation and service coordination and school readiness, early
screening, and other childhood indicators. The plan must include strategies to:
new text end
new text begin
(1) minimize the time and effort needed for families to apply for, enroll in, and maintain
enrollment in programs;
new text end
new text begin
(2) minimize the time and effort needed for providers to administer programs;
new text end
new text begin
(3) improve coordination among programs for families;
new text end
new text begin
(4) assess the impact of childhood programs on children's outcomes, including school
readiness and educational outcomes; and
new text end
new text begin
(5) monitor and collect nonbiometric attendance data at child care centers licensed under
Minnesota Rules, chapter 9503, through a combination of state-provided technology and
integration with private child care management systems.
new text end
new text begin
(c) In developing and implementing the plan required under this section, the contractor
must consult with the commissioners of education and human services and other departments
with programs impacting children and families as identified by the Children's Cabinet and
other stakeholders.
new text end
new text begin
(d) By February 1 of each year, the commissioner must provide a report to the legislative
committees with jurisdiction over impacted programs on the status of the use of money,
plan development, and strategy implementation.
new text end
Sec. 21. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; CHILD
CARE AND EARLY EDUCATION PROFESSIONAL WAGE SCALE.
new text end
new text begin
(a) The commissioner of human services shall develop, in consultation with the
commissioners of employment and economic development and education, the Children's
Cabinet, and relevant stakeholders, a process for recognizing comparable competencies for
use in a wage scale and a child care and early education professional wage scale that:
new text end
new text begin
(1) implements the wage scale recommendations made by the Great Start for All
Minnesota Children Task Force under Laws 2021, First Special Session chapter 7, article
14, section 18;
new text end
new text begin
(2) provides recommended wages that are equivalent to elementary school educators
with similar credentials and experience;
new text end
new text begin
(3) provides recommended levels of compensation and benefits, such as professional
development stipends, health care benefits, and retirement benefits, that vary based on child
care and early education professional roles and qualifications and other criteria established
by the commissioner;
new text end
new text begin
(4) incorporates, to the extent feasible, qualifications inclusive of competencies attained
through experience, training, and educational attainment; and
new text end
new text begin
(5) is applicable to the following types of child care and early education programs:
new text end
new text begin
(i) licensed family and group family child care under Minnesota Rules, chapter 9502;
new text end
new text begin
(ii) licensed child care centers under Minnesota Rules, chapter 9503;
new text end
new text begin
(iii) certified, license-exempt child care centers under Minnesota Statutes, chapter 245H;
new text end
new text begin
(iv) voluntary prekindergarten and school readiness plus programs;
new text end
new text begin
(v) school readiness programs;
new text end
new text begin
(vi) early childhood family education programs;
new text end
new text begin
(vii) programs for children who are eligible for Part B or Part C of the Individuals with
Disabilities Education Act, Public Law 108-446; and
new text end
new text begin
(viii) Head Start programs.
new text end
new text begin
(b) By January 30, 2025, the commissioner shall report to the legislative committees
with jurisdiction over early childhood programs on the development of the wage scale, make
recommendations for implementing a process for recognizing comparable competencies,
and make recommendations about how the wage scale could be used to inform payment
rates for child care assistance under Minnesota Statutes, chapter 119B, and great start
scholarships under Minnesota Statutes, section 119C.01.
new text end
Sec. 22. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; COST
ESTIMATION MODEL FOR EARLY CARE AND LEARNING PROGRAMS.
new text end
new text begin
(a) The commissioner of human services shall develop a cost estimation model for
providing early care and learning in the state. In developing the model, the commissioner
shall consult with relevant entities and stakeholders, including but not limited to the State
Advisory Council on Early Childhood Education and Care under Minnesota Statutes, section
124D.141; county administrators; child care resource and referral organizations under
Minnesota Statutes, section 119B.19, subdivision 1; and organizations representing
caregivers, teachers, and directors.
new text end
new text begin
(b) The commissioner shall contract with an organization with experience and expertise
in early care and learning cost estimation modeling to conduct the work outlined in this
section. If practicable, the commissioner shall contract with First Children's Finance.
new text end
new text begin
(c) The commissioner shall ensure that the model can estimate variation in the cost of
early care and learning by:
new text end
new text begin
(1) the quality of care;
new text end
new text begin
(2) the geographic area;
new text end
new text begin
(3) the type of child care provider and associated licensing standards;
new text end
new text begin
(4) the age of the child;
new text end
new text begin
(5) whether the early care and learning is inclusive by caring for children with disabilities
alongside children without disabilities;
new text end
new text begin
(6) child care provider and staff compensation, including benefits such as professional
development stipends, health care benefits, and retirement benefits;
new text end
new text begin
(7) a child care provider's fixed costs, including rent and mortgage payments, property
taxes, and business-related insurance payments;
new text end
new text begin
(8) a child care provider's operating expenses, including expenses for training and
substitutes; and
new text end
new text begin
(9) a child care provider's hours of operation.
new text end
new text begin
(d) By January 30, 2025, the commissioner shall report to the legislative committees
with jurisdiction over early childhood programs on the development of the cost estimation
model. The report must include:
new text end
new text begin
(1) recommendations on how the model could be used in conjunction with a child care
and early education professional wage scale to set child care provider payment rates for
child care assistance under Minnesota Statutes, chapter 119B, and great start scholarships
under Minnesota Statutes, section 119C.01; and
new text end
new text begin
(2) a plan to seek federal approval to use the model for child care provider payment rates
for child care assistance.
new text end
Sec. 23. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must identify, in consultation with the commissioners of
management and budget; human services; education; health; and public safety and with
nonpartisan legislative offices, any changes to Minnesota Statutes and Minnesota Rules
necessary to facilitate the transfer of responsibilities under this act, the authority to fulfill
the responsibilities under this act, and the related operational functions needed to implement
the necessary legal changes and responsibilities under this act. By February 1, 2024, the
revisor of statutes must submit to the chairs and ranking minority members of relevant
legislative committees draft legislation with the statutory changes necessary to implement
this act.
new text end
ARTICLE 8
HEALTH AND HUMAN SERVICES APPROPRIATIONS
Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
1,118,602,000 new text end |
new text begin
$ new text end |
new text begin
1,124,402,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
877,253,000 new text end |
new text begin
901,599,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
202,030,000 new text end |
new text begin
207,168,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
TANF Maintenance of Effort
|
||||||
new text begin
(a) Nonfederal Expenditures. The
commissioner shall ensure that sufficient
qualified nonfederal expenditures are made
each year to meet the state's maintenance of
effort requirements of the TANF block grant
specified under Code of Federal Regulations,
title 45, section 263.1. In order to meet these
basic TANF maintenance of effort
requirements, the commissioner may report
as TANF maintenance of effort expenditures
only nonfederal money expended for allowable
activities listed in the following clauses:
new text end
new text begin
(1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota
Statutes, chapter 256J;
new text end
new text begin
(2) the child care assistance programs under
Minnesota Statutes, sections 119B.03 and
119B.05, and county child care administrative
costs under Minnesota Statutes, section
119B.15;
new text end
new text begin
(3) state and county MFIP administrative costs
under Minnesota Statutes, chapters 256J and
256K;
new text end
new text begin
(4) state, county, and Tribal MFIP
employment services under Minnesota
Statutes, chapters 256J and 256K;
new text end
new text begin
(5) expenditures made on behalf of legal
noncitizen MFIP recipients who qualify for
the MinnesotaCare program under Minnesota
Statutes, chapter 256L;
new text end
new text begin
(6) qualifying working family credit
expenditures under Minnesota Statutes, section
290.0671;
new text end
new text begin
(7) qualifying Minnesota education credit
expenditures under Minnesota Statutes, section
290.0674; and
new text end
new text begin
(8) qualifying Head Start expenditures under
Minnesota Statutes, section 119A.50.
new text end
new text begin
(b) Nonfederal Expenditures; Reporting.
For the activities listed in paragraph (a),
clauses (2) to (8), the commissioner may
report only expenditures that are excluded
from the definition of assistance under Code
of Federal Regulations, title 45, section
260.31.
new text end
new text begin
(c) Limitations; Exceptions. The
commissioner must not claim an amount of
TANF maintenance of effort in excess of the
75 percent standard in Code of Federal
Regulations, title 45, section 263.1(a)(2),
except:
new text end
new text begin
(1) to the extent necessary to meet the 80
percent standard under Code of Federal
Regulations, title 45, section 263.1(a)(1), if it
is determined by the commissioner that the
state will not meet the TANF work
participation target rate for the current year;
new text end
new text begin
(2) to provide any additional amounts under
Code of Federal Regulations, title 45, section
264.5, that relate to replacement of TANF
money due to the operation of TANF
penalties; and
new text end
new text begin
(3) to provide any additional amounts that may
contribute to avoiding or reducing TANF work
participation penalties through the operation
of the excess maintenance of effort provisions
of Code of Federal Regulations, title 45,
section 261.43(a)(2).
new text end
new text begin
(d) Supplemental Expenditures. For the
purposes of paragraph (c), the commissioner
may supplement the maintenance of effort
claim with working family credit expenditures
or other qualified expenditures to the extent
such expenditures are otherwise available after
considering the expenditures allowed in this
subdivision.
new text end
new text begin
(e) Reduction of Appropriations; Exception.
The requirement in Minnesota Statutes, section
256.011, subdivision 3, that federal grants or
aids secured or obtained under that subdivision
be used to reduce any direct appropriations
provided by law does not apply if the grants
or aids are federal TANF money.
new text end
new text begin
(f) IT Appropriations Generally. This
appropriation includes money for information
technology projects, services, and support.
Notwithstanding Minnesota Statutes, section
16E.0466, funding for information technology
project costs must be incorporated into the
service level agreement and paid to the
Minnesota IT Services by the Department of
Human Services under the rates and
mechanism specified in that agreement.
new text end
new text begin
(g) Receipts for Systems Project.
Appropriations and federal receipts for
information technology systems projects for
MAXIS, PRISM, MMIS, ISDS, METS, and
SSIS must be deposited in the state systems
account authorized in Minnesota Statutes,
section 256.014. Money appropriated for
information technology projects approved by
the commissioner of the Minnesota IT
Services funded by the legislature and
approved by the commissioner of management
and budget may be transferred from one
project to another and from development to
operations as the commissioner of human
services considers necessary. Any unexpended
balance in the appropriation for these projects
does not cancel and is available for ongoing
development and operations.
new text end
new text begin
(h) Federal SNAP Education and Training
Grants. Federal funds available during fiscal
years 2024 and 2025 for Supplemental
Nutrition Assistance Program Education and
Training and SNAP Quality Control
Performance Bonus grants are appropriated
to the commissioner of human services for the
purposes allowable under the terms of the
federal award. This paragraph is effective the
day following final enactment.
new text end
new text begin Subd. 3. new text end
new text begin
Central Office; Operations
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
23,996,000 new text end |
new text begin
18,309,000 new text end |
new text begin
Base Level Adjustment. The general fund
base for this appropriation is $20,488,000 for
fiscal year 2026 and $18,468,000 for fiscal
year 2027.
new text end
new text begin Subd. 4. new text end
new text begin
Central Office; Children and Families
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
27,364,000 new text end |
new text begin
25,244,000 new text end |
new text begin
(a) Review of Child Support Guidelines.
$64,000 in fiscal year 2024 and $32,000 in
fiscal year 2025 are for transfer to the special
revenue fund for a quadrennial review of child
support guidelines.
new text end
new text begin
(b) Base Level Adjustment. The general fund
base for this appropriation is $20,753,000 in
fiscal year 2026 and $19,582,000 in fiscal year
2027.
new text end
new text begin Subd. 5. new text end
new text begin
Central Office; Community Supports
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
265,000 new text end |
new text begin
306,000 new text end |
new text begin
Base Level Adjustment. The general fund
base for this appropriation is $306,000 in fiscal
year 2026 and $306,000 in fiscal year 2027.
new text end
new text begin Subd. 6. new text end
new text begin
Forecasted Programs; MFIP/DWP
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
82,713,000 new text end |
new text begin
92,492,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
105,579,000 new text end |
new text begin
110,717,000 new text end |
new text begin Subd. 7. new text end
new text begin
Forecasted Programs; MFIP Child Care
|
new text begin
38,912,000 new text end |
new text begin
147,601,000 new text end |
||||
new text begin Subd. 8. new text end
new text begin
Forecasted Programs; General
|
new text begin
-0- new text end |
new text begin
321,000 new text end |
||||
new text begin Subd. 9. new text end
new text begin
Forecasted Programs; Minnesota
|
new text begin
1,000 new text end |
new text begin
1,000 new text end |
||||
new text begin Subd. 10. new text end
new text begin
Forecasted Programs; Housing
|
new text begin
6,000 new text end |
new text begin
6,000 new text end |
||||
new text begin Subd. 11. new text end
new text begin
Forecasted Programs; Northstar Care
|
new text begin
113,912,000 new text end |
new text begin
124,546,000 new text end |
||||
new text begin Subd. 12. new text end
new text begin
Grant Programs; Support Services
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
8,715,000 new text end |
new text begin
8,715,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
96,311,000 new text end |
new text begin
96,311,000 new text end |
new text begin Subd. 13. new text end
new text begin
Grant Programs; BSF Child Care
|
new text begin
69,203,000 new text end |
new text begin
118,974,000 new text end |
||||
new text begin
The general fund base is $149,560,000 in
fiscal year 2026 and $147,007,000 in fiscal
year 2027.
new text end
new text begin Subd. 14. new text end
new text begin
Grant Programs; Child Care
|
new text begin
121,456,000 new text end |
new text begin
121,731,000 new text end |
||||
new text begin
(a) Great Start Compensation Support
Payments. $119,719,000 in fiscal year 2024
and $117,494,000 in fiscal year 2025 are for
the great start compensation support payments
under Minnesota Statutes, section 119B.27,
and the transition grant program for child care
providers that intend to participate in the child
care retention program. The general fund base
for this appropriation is $77,178,000 in fiscal
year 2026 and $78,198,000 in fiscal year 2027.
Money appropriated for this purpose in each
fiscal year is available until expended.
new text end
new text begin
(b) Cost Estimation Model and Wage Scale.
$500,000 in fiscal year 2024 is for developing
a cost estimation model for providing early
care and learning and a child care and early
education professional wage scale. The
commissioner may transfer funds to other state
agencies for work related to developing a wage
scale. This is a onetime appropriation and is
available until June 30, 2025.
new text end
new text begin
(c) Additional Support for Parent Aware.
$500,000 in fiscal year 2025 is for increasing
supports for programs participating in Parent
Aware under Minnesota Statutes, section
124D.142. This is a onetime appropriation.
new text end
new text begin
(d) Family, Friend, and Neighbor Grant
Program. $2,000,000 in fiscal year 2025 is
for a family, friend, and neighbor grant
program to promote children's healthy
development and to foster community
partnerships that will help children thrive. This
is a onetime appropriation.
new text end
new text begin
(e) Base Level Adjustment. The general fund
base is $79,992,000 in fiscal year 2026 and
$81,012,000 in fiscal year 2027.
new text end
new text begin Subd. 15. new text end
new text begin
Grant Programs; Child Support
|
new text begin
50,000 new text end |
new text begin
50,000 new text end |
||||
new text begin Subd. 16. new text end
new text begin
Grant Programs; Children's Services
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
82,563,000 new text end |
new text begin
95,957,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
140,000 new text end |
new text begin
140,000 new text end |
new text begin
(a) Title IV-E Adoption Assistance. The
commissioner shall allocate funds from the
state's savings from the Fostering Connections
to Success and Increasing Adoptions Act's
expanded eligibility for Title IV-E adoption
assistance as required in Minnesota Statutes,
section 256N.261, and as allowable under
federal law. Additional savings to the state as
a result of the Fostering Connections to
Success and Increasing Adoptions Act's
expanded eligibility for Title IV-E adoption
assistance is for postadoption, foster care,
adoption, and kinship services, including a
parent-to-parent support network and as
allowable under federal law.
new text end
new text begin
(b) Mille Lacs Band of Ojibwe American
Indian Child Welfare Initiative. $3,337,000
in fiscal year 2024 and $5,294,000 in fiscal
year 2025 are to support activities necessary
for the Mille Lacs Band of Ojibwe to join the
American Indian child welfare initiative. The
general fund base for this appropriation is
$7,893,000 in fiscal year 2026 and $7,893,000
in fiscal year 2027.
new text end
new text begin
(c) Leech Lake Band of Ojibwe American
Indian Child Welfare Initiative. $1,848,000
in fiscal year 2024 and $1,848,000 in fiscal
year 2025 are for the Leech Lake Band of
Ojibwe to participate in the American Indian
child welfare initiative.
new text end
new text begin
(d) Red Lake Band of Chippewa American
Indian Child Welfare Initiative. $3,000,000
in fiscal year 2024 and $3,000,000 in fiscal
year 2025 are for the Red Lake Band of
Chippewa to participate in the American
Indian child welfare initiative.
new text end
new text begin
(e) White Earth Nation American Indian
Child Welfare Initiative. $833,000 in fiscal
year 2024 and $833,000 in fiscal year 2025
are from the general fund for the White Earth
Nation to participate in the American Indian
child welfare initiative.
new text end
new text begin
(f) Staffing Increase for Tribal Nations.
$800,000 in fiscal year 2024 and $800,000 in
fiscal year 2025 are for Tribal Nations to
expand staff capacity to provide child welfare
services.
new text end
new text begin
(g) Indian Child Welfare Grants. $4,405,000
in fiscal year 2024 and $4,405,000 in fiscal
year 2025 are for Indian child welfare grants.
The general fund base for this appropriation
is $4,640,000 in fiscal year 2026 and
$4,640,000 in fiscal year 2027.
new text end
new text begin
(h) Child Welfare Staff Allocation for
Tribes. $480,000 in fiscal year 2024 and
$480,000 in fiscal year 2025 are for staffing
needs for Tribes that have not joined the
American Indian Child welfare initiative under
Minnesota Statutes, section 256.01,
subdivision 14b.
new text end
new text begin
(i) Kinship Navigator Services. $514,000 in
fiscal year 2024 and $514,000 in fiscal year
2025 are for kinship navigator services. The
general fund base for this appropriation is
$500,000 in fiscal year 2026 and $500,000 in
fiscal year 2027.
new text end
new text begin
(j) Kinship Navigator Services for Tribes.
$250,000 in fiscal year 2024 and $250,000 in
fiscal year 2025 are for grants to Tribal
Nations for kinship navigator services.
new text end
new text begin
(k) Family First Prevention and Early
Intervention Allocation Program.
$6,100,000 in fiscal year 2024 and $9,800,000
in fiscal year 2025 are for Family First
Prevention and Early Intervention Allocation
Program pursuant to Minnesota Statutes,
section 260.014.
new text end
new text begin
(l) Grants for Prevention and Early
Intervention Services. $3,000,000 in fiscal
year 2024 and $5,000,000 in fiscal year 2025
are for grants to support prevention and early
intervention services to implement and build
upon Minnesota's Family First Prevention
Services Act Title IV-E Prevention Services
plan under Minnesota Statutes, section
256.4793. Funds will be transferred into the
special revenue fund.
new text end
new text begin
(m) Assessment of Out-of-Home Placement.
$450,000 in fiscal year 2024 and $450,000 in
fiscal year 2025 are for grants to one or more
grantees to establish and manage a pool of
state-funded qualified individuals to assess
potential out-of-home placement of a child in
a qualified residential treatment program.
new text end
new text begin
(n) STAY in the Community Grants.
$1,958,000 in fiscal year 2024 and $2,095,000
in fiscal year 2025 are for the STAY in the
community program under Minnesota Statutes,
section 260C.452. These are onetime
appropriations and are available until June 30,
2027.
new text end
new text begin
(o) Support Beyond 21 Program. $600,000
in fiscal year 2024 and $1,200,000 in fiscal
year 2025 are for the support beyond 21
program under Minnesota Statutes, section
256.4792. The fiscal year 2024 appropriation
is available until June 30, 2025. The general
fund base for this appropriation is $1,200,000
in fiscal year 2026 and $1,200,000 in fiscal
year 2027.
new text end
new text begin
(p) Grants for Caseload Reduction.
$2,000,000 in fiscal year 2024 and $2,000,000
in fiscal year 2025 are for grants to counties
and American Indian child welfare initiative
Tribes for reducing extended foster care
caseload sizes. This is a onetime appropriation
and is available until June 30, 2027.
new text end
new text begin
(q) Grants for Community Resource
Centers. $5,000,000 in fiscal year 2025 is for
community resource centers. This is a onetime
appropriation.
new text end
new text begin
(r) Kinship Care Support Grants.
$1,000,000 in fiscal year 2024 and $1,000,000
in fiscal year 2025 are for kinship care support
grants. This is a onetime appropriation.
new text end
new text begin
(s) Family Assets for Independence in
Minnesota. $1,250,000 in fiscal year 2024
and $2,500,000 in fiscal year 2025 are for the
family assets for independence in Minnesota
program, under Minnesota Statutes, section
256E.35. The general fund base for this
appropriation is $5,000,000 in fiscal year 2026
and $5,000,000 in fiscal year 2027.
new text end
new text begin
(t) Base Level Adjustment. The general fund
base is $88,682,000 in fiscal year 2026 and
$88,682,000 in fiscal year 2027.
new text end
new text begin Subd. 17. new text end
new text begin
Grant Programs; Children and
|
new text begin
60,856,000 new text end |
new text begin
60,856,000 new text end |
||||
new text begin Subd. 18. new text end
new text begin
Grant Programs; Children and
|
new text begin
247,240,000 new text end |
new text begin
86,490,000 new text end |
||||
new text begin
(a) Fraud Prevention Program Grants.
$400,000 in fiscal year 2024 is for start-up
grants to the Red Lake Nation, White Earth
Nation, and Mille Lacs Band of Ojibwe to
develop a fraud prevention program. This is
a onetime appropriation and is available until
June 30, 2025.
new text end
new text begin
(b) Emergency Services Program Grants.
$20,000,000 in fiscal year 2024 and
$20,000,000 in fiscal year 2025 are for
emergency services grants under Minnesota
Statutes, section 256E.36. Grant allocation
balances in the first year do not cancel but are
available in the second year of the biennium.
The general fund base for this appropriation
is $35,000,000 in fiscal year 2026 and
$35,000,000 in fiscal year 2027.
new text end
new text begin
(c) Homeless Youth Act Grants. $14,500,000
in fiscal year 2024 and $12,500,000 in fiscal
year 2025 are for grants under Minnesota
Statutes, section 256K.45, subdivision 1. The
fiscal year 2024 appropriation is available until
June 30, 2027. The general fund base for this
appropriation is $20,000,000 in fiscal year
2026 and $20,000,000 in fiscal year 2027.
new text end
new text begin
(d) Transitional Housing Programs.
$3,000,000 in fiscal year 2024 and $3,000,000
in fiscal year 2025 are for transitional housing
programs under Minnesota Statutes, section
256E.33.
new text end
new text begin
(e) Safe Harbor Shelter and Housing
Grants. $3,250,000 in fiscal year 2024 and
$3,250,000 in fiscal year 2025 are for grants
under Minnesota Statutes, section 256K.47.
new text end
new text begin
(f) Emergency Shelter Facilities.
$150,000,000 in fiscal year 2024 is for grants
to eligible applicants for the acquisition of
property; site preparation, including
demolition; predesign; design; construction;
renovation; furnishing; and equipping of
emergency shelter facilities. This is a onetime
appropriation and is available until June 30,
2028.
new text end
new text begin
(g) Homeless Youth Pilot Project.
$1,000,000 in fiscal year 2024 and $1,000,000
in fiscal year 2025 are for a grant to
Youthprise for a pilot project to provide cash
stipends to homeless youth, youth-designed
optional services, and cash incentives for
participation in periodic surveys and to
complete a legislative report.
new text end
new text begin
(h) Quality Parenting Initiative. $100,000
in fiscal year 2024 and $100,000 in fiscal year
2025 are for a grant to Quality Parenting
Initiative Minnesota to implement quality
parenting initiative principles and practices
and support children and families experiencing
foster care placements.
new text end
new text begin
(i) American Indian Food Sovereignty
Funding. $3,000,000 in fiscal year 2024 and
$3,000,000 in fiscal year 2025 are to support
food security among Tribal Nations and
American Indian communities under
Minnesota Statutes, section 256E.341. The
fiscal year 2024 appropriation is available until
June 30, 2025. The general fund base for this
appropriation is $2,000,000 in fiscal year 2026
and $2,000,000 in fiscal year 2027.
new text end
new text begin
(j) Food Shelf Program. $6,000,000 in fiscal
year 2024 and $6,000,000 in fiscal year 2025
are for the Minnesota food shelf program
under Minnesota Statutes, section 256E.34.
The fiscal year 2024 appropriation is available
until June 30, 2025.
new text end
new text begin
(k) Capital for Emergency Food
Distribution Facilities. $10,000,000 in fiscal
year 2024 is for improving and expanding the
infrastructure of food shelf facilities across
the state. Grant money shall be made available
to nonprofit organizations, federally
recognized Tribes, and local units of
government. This is a onetime appropriation
and is available until June 30, 2027.
new text end
new text begin
(l) Community Action Grants. $1,000,000
in fiscal year 2024 and $1,000,000 in fiscal
year 2025 are for community action grants.
new text end
new text begin
(m) Diaper Distribution Grant. $500,000 in
fiscal year 2024 and $500,000 in fiscal year
2025 are for a grant to the Diaper Bank of
Minnesota to distribute diapers and wipes to
underresourced families statewide.
new text end
new text begin
(n) Base Level Adjustment. The general fund
base is $108,490,000 in fiscal year 2026 and
$108,490,000 in fiscal year 2027.
new text end
Sec. 3. new text begin COMMISSIONER OF HEALTH
|
new text begin
$ new text end |
new text begin
2,000,000 new text end |
new text begin
$ new text end |
new text begin
2,000,000 new text end |
||
new text begin
Health Improvement. $2,000,000 in fiscal
year 2024 and $2,000,000 in fiscal year 2025
are for regional navigators in the Safe Harbor
program. This is a onetime appropriation.
new text end
Sec. 4. new text begin COMMISSIONER OF MANAGEMENT
|
new text begin
$ new text end |
new text begin
11,931,000 new text end |
new text begin
$ new text end |
new text begin
2,066,000 new text end |
||
new text begin
Support for New Department. $11,931,000
in fiscal year 2024 and $2,066,000 in fiscal
year 2025 are for supporting the creation of
the Department of Children, Youth, and
Families. This is a onetime appropriation.
new text end
Sec. 5. new text begin COMMISSIONER OF INFORMATION
|
new text begin
$ new text end |
new text begin
25,000,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
IT Systems Improvement. $25,000,000 in
fiscal year 2024 is for transfer to the children
and families account in the special revenue
fund to develop and implement a plan to
modernize the IT systems that support
programs for children and families. This is a
onetime appropriation and does not cancel.
new text end
Sec. 6. new text begin COMMISSIONER OF CHILDREN,
|
new text begin
$ new text end |
new text begin
823,000 new text end |
new text begin
$ new text end |
new text begin
3,531,000 new text end |
||
new text begin
Operations. $823,000 in fiscal year 2024 and
$3,521,000 in fiscal year 2025 are for the
Department of Children, Youth, and Families.
new text end
Sec. 7. new text begin OMBUDSPERSON FOR AMERICAN
|
new text begin
$ new text end |
new text begin
336,000 new text end |
new text begin
$ new text end |
new text begin
340,000 new text end |
||
Sec. 8. new text begin OMBUDSPERSON FOR FAMILIES
|
new text begin
$ new text end |
new text begin
759,000 new text end |
new text begin
$ new text end |
new text begin
776,000 new text end |
||
Sec. 9. new text begin OMBUDSPERSON FOR FOSTER
|
new text begin
$ new text end |
new text begin
842,000 new text end |
new text begin
$ new text end |
new text begin
759,000 new text end |
||
Sec. 10. new text begin CHILDREN AND FAMILIES INFORMATION TECHNOLOGY
ACCOUNT.
new text end
new text begin
The children and families information technology account is created in the special
revenue fund. Money in the account is appropriated to the commissioner of information
technology services for developing and implementing a plan in support of transforming and
modernizing the information technology systems that support programs impacting children
and families, including programs for youth, child care and early learning programs, and
programs serving young children.
new text end
Sec. 11. new text begin CANCELLATIONS; FISCAL YEAR 2023.
new text end
new text begin
$100,000 of the fiscal year 2023 general fund appropriation under Laws 2022, chapter
63, section 6, is canceled to the general fund on June 30, 2023.
new text end
Sec. 12. new text begin APPROPRIATIONS GIVEN EFFECT ONCE.
new text end
new text begin
If an appropriation or transfer in this article is enacted more than once during the 2023
regular session, the appropriation or transfer must be given effect once.
new text end
Sec. 13. new text begin FINANCIAL REVIEW OF NONPROFIT GRANT RECIPIENTS
REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Financial review required. new text end
new text begin
(a) Before awarding a competitive,
legislatively named, single-source, or sole-source grant to a nonprofit organization under
this act, the grantor must require the applicant to submit financial information sufficient for
the grantor to document and assess the applicant's current financial standing and management.
Items of significant concern must be addressed with the applicant and resolved to the
satisfaction of the grantor before a grant is awarded. The grantor must document the material
requested and reviewed; whether the applicant had a significant operating deficit, a deficit
in unrestricted net assets, or insufficient internal controls; whether and how the applicant
resolved the grantor's concerns; and the grantor's final decision. This documentation must
be maintained in the grantor's files.
new text end
new text begin
(b) At a minimum, the grantor must require each applicant to provide the following
information:
new text end
new text begin
(1) the applicant's most recent Form 990, Form 990-EZ, or Form 990-N filed with the
Internal Revenue Service. If the applicant has not been in existence long enough or is not
required to file Form 990, Form 990-EZ, or Form 990-N, the applicant must demonstrate
to the grantor that the applicant is exempt and must instead submit documentation of internal
controls and the applicant's most recent financial statement prepared in accordance with
generally accepted accounting principles and approved by the applicant's board of directors
or trustees or, if there is no such board, by the applicant's managing group;
new text end
new text begin
(2) evidence of registration and good standing with the secretary of state under Minnesota
Statutes, chapter 317A, or other applicable law;
new text end
new text begin
(3) unless exempt under Minnesota Statutes, section 309.515, evidence of registration
and good standing with the attorney general under Minnesota Statutes, chapter 309; and
new text end
new text begin
(4) if required under Minnesota Statutes, section 309.53, subdivision 3, the applicant's
most recent audited financial statement prepared in accordance with generally accepted
accounting principles.
new text end
new text begin Subd. 2. new text end
new text begin Authority to postpone or forgo. new text end
new text begin
Notwithstanding any contrary provision in
this act, a grantor that identifies an area of significant concern regarding the financial standing
or management of a legislatively named applicant may postpone or forgo awarding the
grant.
new text end
new text begin Subd. 3. new text end
new text begin Authority to award subject to additional assistance and oversight. new text end
new text begin
A grantor
that identifies an area of significant concern regarding an applicant's financial standing or
management may award a grant to the applicant if the grantor provides or the grantee
otherwise obtains additional technical assistance as needed and the grantor imposes additional
requirements in the grant agreement. Additional requirements may include but are not
limited to enhanced monitoring, additional reporting, or other reasonable requirements
imposed by the grantor to protect the interests of the state.
new text end
new text begin Subd. 4. new text end
new text begin Relation to other law and policy. new text end
new text begin
The requirements in this section are in
addition to any other requirements imposed by law, the commissioner of administration
under Minnesota Statutes, sections 16B.97 to 16B.98, or agency policy.
new text end
APPENDIX
Repealed Minnesota Statutes: H0238-3
119B.011 DEFINITIONS.
Subd. 10a.
Diversionary work program.
"Diversionary work program" means the program established under section 256J.95.
119B.03 BASIC SLIDING FEE PROGRAM.
Subd. 4.
Funding priority.
(a) First priority for child care assistance under the basic sliding fee program must be given to eligible non-MFIP families who do not have a high school diploma or commissioner of education-selected high school equivalency certification or who need remedial and basic skill courses in order to pursue employment or to pursue education leading to employment and who need child care assistance to participate in the education program. This includes student parents as defined under section 119B.011, subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(b) Second priority must be given to parents who have completed their MFIP or DWP transition year, or parents who are no longer receiving or eligible for diversionary work program supports.
(c) Third priority must be given to families who are eligible for portable basic sliding fee assistance through the portability pool under subdivision 9.
(d) Fourth priority must be given to families in which at least one parent is a veteran as defined under section 197.447.
(e) Families under paragraph (b) must be added to the basic sliding fee waiting list on the date they begin the transition year under section 119B.011, subdivision 20, and must be moved into the basic sliding fee program as soon as possible after they complete their transition year.
245C.11 BACKGROUND STUDY; COUNTY AGENCIES.
Subd. 3.
Criminal history data.
County agencies shall have access to the criminal history data in the same manner as county licensing agencies under this chapter for purposes of background studies completed before the implementation of NETStudy 2.0 by county agencies on legal nonlicensed child care providers to determine eligibility for child care funds under chapter 119B.
256.8799 SUPPLEMENTAL NUTRITION ASSISTANCE OUTREACH PROGRAM.
Subdivision 1.
Establishment.
The commissioner of human services shall establish, in consultation with the representatives from community action agencies, a statewide outreach program to better inform potential recipients of the existence and availability of Supplemental Nutrition Assistance Program (SNAP) benefits under SNAP. As part of the outreach program, the commissioner and community action agencies shall encourage recipients in the use of SNAP benefits at food cooperatives. The commissioner shall explore and pursue federal funding sources, and specifically, apply for funding from the United States Department of Agriculture for the SNAP outreach program.
Subd. 2.
Administration of the program.
A community association representing community action agencies under section 256E.31, in consultation with the commissioner shall administer the outreach program, issue the request for proposals, and review and approve the potential grantee's plan. Grantees shall comply with the monitoring and reporting requirements as developed by the commissioner in accordance with subdivision 4, and must also participate in the evaluation process as directed by the commissioner. Grantees must successfully complete one year of outreach and demonstrate compliance with all monitoring and reporting requirements in order to be eligible for additional funding.
Subd. 3.
Plan content.
In approving the plan, the association shall evaluate the plan and give highest priority to a plan that:
(1) targets communities in which 50 percent or fewer of the residents with incomes below 125 percent of the poverty level receive SNAP benefits;
(2) demonstrates that the grantee has the experience necessary to administer the program;
(3) demonstrates a cooperative relationship with the local county social service agencies;
(4) provides ways to improve the dissemination of information on SNAP as well as other assistance programs through a statewide hotline or other community agencies;
(5) provides direct advocacy consisting of face-to-face assistance with the potential applicants;
(6) improves access to SNAP by documenting barriers to participation and advocating for changes in the administrative structure of the program; and
(7) develops strategies for combatting community stereotypes about SNAP benefit recipients and SNAP, misinformation about the program, and the stigma associated with using SNAP benefits.
Subd. 4.
Coordinated development.
The commissioner shall consult with representatives from the United States Department of Agriculture, Minnesota Community Action Association, Food First Coalition, Minnesota Department of Human Services, Urban Coalition/University of Minnesota extension services, county social service agencies, local social service agencies, and organizations that have previously administered the state-funded SNAP outreach programs to:
(1) develop the reporting requirements for the program;
(2) develop and implement the monitoring of the program;
(3) develop, coordinate, and assist in the evaluation process; and
(4) provide an interim report to the legislature by January 1997, and a final report to the legislature by January 1998, which includes the results of the evaluation and recommendations.
256.9864 REPORTS BY RECIPIENT.
(a) An assistance unit with a recent work history or with earned income shall report monthly to the county agency on income received and other circumstances affecting eligibility or assistance amounts. All other assistance units shall report on income and other circumstances affecting eligibility and assistance amounts, as specified by the state agency.
(b) An assistance unit required to submit a report on the form designated by the commissioner and within ten days of the due date or the date of the significant change, whichever is later, or otherwise report significant changes which would affect eligibility or assistance amounts, is considered to have continued its application for assistance effective the date the required report is received by the county agency, if a complete report is received within a calendar month in which assistance was received.
256D.63 EXPIRATION OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS AND REPORTING REQUIREMENTS.
Subdivision 1.
Expiration of SNAP benefits.
Supplemental Nutrition Assistance Program (SNAP) benefits shall not be stored off line or expunged from a recipient's account unless the benefits have not been accessed for 12 months after the month they were issued.
256J.08 DEFINITIONS.
Subd. 10.
Budget month.
"Budget month" means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month.
Subd. 24b.
Diversionary work program or DWP.
"Diversionary work program" or "DWP" has the meaning given in section 256J.95.
Subd. 53.
Lump sum.
"Lump sum" means nonrecurring income as described in section 256P.06, subdivision 3, clause (2), item (ix).
Subd. 61.
Monthly income test.
"Monthly income test" means the test used to determine ongoing eligibility and the assistance payment amount according to section 256J.21.
Subd. 62.
Nonrecurring income.
"Nonrecurring income" means a form of income which is received:
(1) only one time or is not of a continuous nature; or
(2) in a prospective payment month but is no longer received in the corresponding retrospective payment month.
Subd. 81.
Retrospective budgeting.
"Retrospective budgeting" means a method of determining the amount of the assistance payment in which the payment month is the second month after the budget month.
Subd. 83.
Significant change.
"Significant change" means a decline in gross income of the amount of the disregard as defined in section 256P.03 or more from the income used to determine the grant for the current month.
256J.30 APPLICANT AND PARTICIPANT REQUIREMENTS AND RESPONSIBILITIES.
Subd. 5.
Monthly MFIP household reports.
Each assistance unit with a member who has earned income or a recent work history, and each assistance unit that has income deemed to it from a financially responsible person must complete a monthly MFIP household report form. "Recent work history" means the individual received earned income in the report month or any of the previous three calendar months even if the earnings are excluded. To be complete, the MFIP household report form must be signed and dated by the caregivers no earlier than the last day of the reporting period. All questions required to determine assistance payment eligibility must be answered, and documentation of earned income must be included.
Subd. 7.
Due date of MFIP household report form.
An MFIP household report form must be received by the county agency by the eighth calendar day of the month following the reporting period covered by the form. When the eighth calendar day of the month falls on a weekend or holiday, the MFIP household report form must be received by the county agency the first working day that follows the eighth calendar day.
Subd. 8.
Late MFIP household report forms.
(a) Paragraphs (b) to (e) apply to the reporting requirements in subdivision 7.
(b) When the county agency receives an incomplete MFIP household report form, the county agency must immediately contact the caregiver by phone or in writing to acquire the necessary information to complete the form.
(c) The automated eligibility system must send a notice of proposed termination of assistance to the assistance unit if a complete MFIP household report form is not received by a county agency. The automated notice must be mailed to the caregiver by approximately the 16th of the month. When a caregiver submits an incomplete form on or after the date a notice of proposed termination has been sent, the termination is valid unless the caregiver submits a complete form before the end of the month.
(d) An assistance unit required to submit an MFIP household report form is considered to have continued its application for assistance if a complete MFIP household report form is received within a calendar month after the month in which the form was due and assistance shall be paid for the period beginning with the first day of that calendar month.
(e) A county agency must allow good cause exemptions from the reporting requirements under subdivision 5 when any of the following factors cause a caregiver to fail to provide the county agency with a completed MFIP household report form before the end of the month in which the form is due:
(1) an employer delays completion of employment verification;
(2) a county agency does not help a caregiver complete the MFIP household report form when the caregiver asks for help;
(3) a caregiver does not receive an MFIP household report form due to mistake on the part of the department or the county agency or due to a reported change in address;
(4) a caregiver is ill, or physically or mentally incapacitated; or
(5) some other circumstance occurs that a caregiver could not avoid with reasonable care which prevents the caregiver from providing a completed MFIP household report form before the end of the month in which the form is due.
256J.33 PROSPECTIVE AND RETROSPECTIVE MFIP ELIGIBILITY.
Subd. 3.
Retrospective eligibility.
After the first two months of MFIP eligibility, a county agency must continue to determine whether an assistance unit is prospectively eligible for the payment month by looking at all factors other than income and then determine whether the assistance unit is retrospectively income eligible by applying the monthly income test to the income from the budget month. When the monthly income test is not satisfied, the assistance payment must be suspended when ineligibility exists for one month or ended when ineligibility exists for more than one month.
Subd. 4.
Monthly income test.
A county agency must apply the monthly income test retrospectively for each month of MFIP eligibility. An assistance unit is not eligible when the countable income equals or exceeds the MFIP standard of need or the family wage level for the assistance unit. The income applied against the monthly income test must include:
(1) gross earned income from employment as described in chapter 256P, prior to mandatory payroll deductions, voluntary payroll deductions, wage authorizations, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;
(2) gross earned income from self-employment less deductions for self-employment expenses in section 256J.37, subdivision 5, but prior to any reductions for personal or business state and federal income taxes, personal FICA, personal health and life insurance, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;
(3) unearned income as described in section 256P.06, subdivision 3, after deductions for allowable expenses in section 256J.37, subdivision 9, and allocations in section 256J.36;
(4) gross earned income from employment as determined under clause (1) which is received by a member of an assistance unit who is a minor child or minor caregiver and less than a half-time student;
(5) child support received by an assistance unit, excluded under section 256P.06, subdivision 3, clause (2), item (xvi);
(6) spousal support received by an assistance unit;
(7) the income of a parent when that parent is not included in the assistance unit;
(8) the income of an eligible relative and spouse who seek to be included in the assistance unit; and
(9) the unearned income of a minor child included in the assistance unit.
Subd. 5.
When to terminate assistance.
When an assistance unit is ineligible for MFIP assistance for two consecutive months, the county agency must terminate MFIP assistance.
256J.34 CALCULATING ASSISTANCE PAYMENTS.
Subdivision 1.
Prospective budgeting.
A county agency must use prospective budgeting to calculate the assistance payment amount for the first two months for an applicant who has not received assistance in this state for at least one payment month preceding the first month of payment under a current application. Notwithstanding subdivision 3, paragraph (a), clause (2), a county agency must use prospective budgeting for the first two months for a person who applies to be added to an assistance unit. Prospective budgeting is not subject to overpayments or underpayments unless fraud is determined under section 256.98.
(a) The county agency must apply the income received or anticipated in the first month of MFIP eligibility against the need of the first month. The county agency must apply the income received or anticipated in the second month against the need of the second month.
(b) When the assistance payment for any part of the first two months is based on anticipated income, the county agency must base the initial assistance payment amount on the information available at the time the initial assistance payment is made.
(c) The county agency must determine the assistance payment amount for the first two months of MFIP eligibility by budgeting both recurring and nonrecurring income for those two months.
Subd. 2.
Retrospective budgeting.
The county agency must use retrospective budgeting to calculate the monthly assistance payment amount after the payment for the first two months has been made under subdivision 1.
Subd. 3.
Additional uses of retrospective budgeting.
Notwithstanding subdivision 1, the county agency must use retrospective budgeting to calculate the monthly assistance payment amount for the first two months under paragraphs (a) and (b).
(a) The county agency must use retrospective budgeting to determine the amount of the assistance payment in the first two months of MFIP eligibility:
(1) when an assistance unit applies for assistance for the same month for which assistance has been interrupted, the interruption in eligibility is less than one payment month, the assistance payment for the preceding month was issued in this state, and the assistance payment for the immediately preceding month was determined retrospectively; or
(2) when a person applies in order to be added to an assistance unit, that assistance unit has received assistance in this state for at least the two preceding months, and that person has been living with and has been financially responsible for one or more members of that assistance unit for at least the two preceding months.
(b) Except as provided in clauses (1) to (4), the county agency must use retrospective budgeting and apply income received in the budget month by an assistance unit and by a financially responsible household member who is not included in the assistance unit against the MFIP standard of need or family wage level to determine the assistance payment to be issued for the payment month.
(1) When a source of income ends prior to the third payment month, that income is not considered in calculating the assistance payment for that month. When a source of income ends prior to the fourth payment month, that income is not considered when determining the assistance payment for that month.
(2) When a member of an assistance unit or a financially responsible household member leaves the household of the assistance unit, the income of that departed household member is not budgeted retrospectively for any full payment month in which that household member does not live with that household and is not included in the assistance unit.
(3) When an individual is removed from an assistance unit because the individual is no longer a minor child, the income of that individual is not budgeted retrospectively for payment months in which that individual is not a member of the assistance unit, except that income of an ineligible child in the household must continue to be budgeted retrospectively against the child's needs when the parent or parents of that child request allocation of their income against any unmet needs of that ineligible child.
(4) When a person ceases to have financial responsibility for one or more members of an assistance unit, the income of that person is not budgeted retrospectively for the payment months which follow the month in which financial responsibility ends.
Subd. 4.
Significant change in gross income.
The county agency must recalculate the assistance payment when an assistance unit experiences a significant change, as defined in section 256J.08, resulting in a reduction in the gross income received in the payment month from the gross income received in the budget month. The county agency must issue a supplemental assistance payment based on the county agency's best estimate of the assistance unit's income and circumstances for the payment month. Supplemental assistance payments that result from significant changes are limited to two in a 12-month period regardless of the reason for the change. Notwithstanding any other statute or rule of law, supplementary assistance payments shall not be made when the significant change in income is the result of receipt of a lump sum, receipt of an extra paycheck, business fluctuation in self-employment income, or an assistance unit member's participation in a strike or other labor action.
256J.37 TREATMENT OF INCOME AND LUMP SUMS.
Subd. 10.
Treatment of lump sums.
(a) The agency must treat lump-sum payments as earned or unearned income. If the lump-sum payment is included in the category of income identified in subdivision 9, it must be treated as unearned income. A lump sum is counted as income in the month received and budgeted either prospectively or retrospectively depending on the budget cycle at the time of receipt. When an individual receives a lump-sum payment, that lump sum must be combined with all other earned and unearned income received in the same budget month, and it must be applied according to paragraphs (a) to (c). A lump sum may not be carried over into subsequent months. Any funds that remain in the third month after the month of receipt are counted in the asset limit.
(b) For a lump sum received by an applicant during the first two months, prospective budgeting is used to determine the payment and the lump sum must be combined with other earned or unearned income received and budgeted in that prospective month.
(c) For a lump sum received by a participant after the first two months of MFIP eligibility, the lump sum must be combined with other income received in that budget month, and the combined amount must be applied retrospectively against the applicable payment month.
(d) When a lump sum, combined with other income under paragraphs (b) and (c), is less than the MFIP transitional standard for the appropriate payment month, the assistance payment must be reduced according to the amount of the countable income. When the countable income is greater than the MFIP standard or family wage level, the assistance payment must be suspended for the payment month.
256J.425 HARDSHIP EXTENSIONS.
Subd. 6.
Sanctions for extended cases.
(a) If one or both participants in an assistance unit receiving assistance under subdivision 3 or 4 are not in compliance with the employment and training service requirements in sections 256J.521 to 256J.57, the sanctions under this subdivision apply. For a first occurrence of noncompliance, an assistance unit must be sanctioned under section 256J.46, subdivision 1, paragraph (c), clause (1). For a second or third occurrence of noncompliance, the assistance unit must be sanctioned under section 256J.46, subdivision 1, paragraph (c), clause (2). For a fourth occurrence of noncompliance, the assistance unit is disqualified from MFIP. If a participant is determined to be out of compliance, the participant may claim a good cause exception under section 256J.57.
(b) If both participants in a two-parent assistance unit are out of compliance at the same time, it is considered one occurrence of noncompliance.
(c) When a parent in an extended two-parent assistance unit who has not used 60 months of assistance is out of compliance with the employment and training service requirements in sections 256J.521 to 256J.57, sanctions must be applied as specified in clauses (1) and (2).
(1) If the assistance unit is receiving assistance under subdivision 3 or 4, the assistance unit is subject to the sanction policy in this subdivision.
(2) If the assistance unit is receiving assistance under subdivision 2, the assistance unit is subject to the sanction policy in section 256J.46.
(d) If a two-parent assistance unit is extended under subdivision 3 or 4, and a parent who has not reached the 60-month time limit is out of compliance with the employment and training services requirements in sections 256J.521 to 256J.57 when the case is extended, the sanction in the 61st month is considered the first sanction for the purposes of applying the sanctions in this subdivision, except that the sanction amount shall be 30 percent.
256J.95 DIVERSIONARY WORK PROGRAM.
Subdivision 1.
Establishing a diversionary work program (DWP).
(a) The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, establishes block grants to states for temporary assistance for needy families (TANF). TANF provisions allow states to use TANF dollars for nonrecurrent, short-term diversionary benefits. The diversionary work program established on July 1, 2003, is Minnesota's TANF program to provide short-term diversionary benefits to eligible recipients of the diversionary work program.
(b) The goal of the diversionary work program is to provide short-term, necessary services and supports to families which will lead to unsubsidized employment, increase economic stability, and reduce the risk of those families needing longer term assistance, under the Minnesota family investment program (MFIP).
(c) When a family unit meets the eligibility criteria in this section, the family must receive a diversionary work program grant and is not eligible for MFIP.
(d) A family unit is eligible for the diversionary work program for a maximum of four consecutive months. During the four consecutive months, family maintenance needs as defined in subdivision 2, shall be vendor paid, up to the cash portion of the MFIP standard of need for the same size household. To the extent there is a balance available between the amount paid for family maintenance needs and the cash portion of the transitional standard, a personal needs allowance of up to $70 per DWP recipient in the family unit shall be issued. The personal needs allowance payment plus the family maintenance needs shall not exceed the cash portion of the MFIP standard of need. Counties may provide supportive and other allowable services funded by the MFIP consolidated fund under section 256J.626 to eligible participants during the four-month diversionary period.
Subd. 2.
Definitions.
The terms used in this section have the following meanings.
(a) "Diversionary Work Program (DWP)" means the program established under this section.
(b) "Employment plan" means a plan developed by the job counselor and the participant which identifies the participant's most direct path to unsubsidized employment, lists the specific steps that the caregiver will take on that path, and includes a timetable for the completion of each step. For participants who request and qualify for a family violence waiver in section 256J.521, subdivision 3, an employment plan must be developed by the job counselor, the participant, and a person trained in domestic violence and follow the employment plan provisions in section 256J.521, subdivision 3. Employment plans under this section shall be written for a period of time not to exceed four months.
(c) "Employment services" means programs, activities, and services in this section that are designed to assist participants in obtaining and retaining employment.
(d) "Family maintenance needs" means current housing costs including rent; manufactured home lot rental costs, or monthly principal, interest, insurance premiums, and property taxes due for mortgages or contracts for deed; association fees required for homeownership; utility costs for current month expenses of gas and electric, garbage, water and sewer; and a flat rate of $35 for telephone services.
(e) "Family unit" means a group of people applying for or receiving DWP benefits together. For the purposes of determining eligibility for this program, the composition of the family unit is determined according to section 256J.24, subdivisions 1 to 4.
(f) "Minnesota family investment program (MFIP)" means the assistance program as defined in section 256J.08, subdivision 57.
(g) "Personal needs allowance" means an allowance of up to $70 per month per DWP unit member to pay for expenses such as household products and personal products.
(h) "Work activities" means allowable work activities as defined in section 256J.49, subdivision 13.
(i) "Caregiver" means the caregiver as defined in section 256J.08, subdivision 11.
Subd. 3.
Eligibility for diversionary work program.
(a) Except for the categories of family units listed in clauses (1) to (8), all family units who apply for cash benefits and who meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must participate in the diversionary work program. Family units or individuals that are not eligible for the diversionary work program include:
(1) child only cases;
(2) single-parent family units that include a child under 12 months of age. A parent is eligible for this exception once in a parent's lifetime;
(3) family units with a minor parent without a high school diploma or its equivalent;
(4) family units with an 18- or 19-year-old caregiver without a high school diploma or its equivalent who chooses to have an employment plan with an education option;
(5) family units with a caregiver who received DWP benefits within the 12 months prior to the month the family applied for DWP, except as provided in paragraph (c);
(6) family units with a caregiver who received MFIP within the 12 months prior to the month the family applied for DWP;
(7) family units with a caregiver who received 60 or more months of TANF assistance; and
(8) family units with a caregiver who is disqualified from the work participation cash benefit program, DWP, or MFIP due to fraud.
(b) A two-parent family must participate in DWP unless both caregivers meet the criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit includes a parent who meets the criteria in paragraph (a), clause (6), (7), or (8).
(c) Once DWP eligibility is determined, the four months run consecutively. If a participant leaves the program for any reason and reapplies during the four-month period, the county must redetermine eligibility for DWP.
Subd. 4.
Cooperation with program requirements.
(a) To be eligible for DWP, an applicant must comply with the requirements of paragraphs (b) to (d).
(b) Applicants and participants must cooperate with the requirements of the child support enforcement program but will not be charged a fee under section 518A.51.
(c) The applicant must provide each member of the family unit's Social Security number to the county agency. This requirement is satisfied when each member of the family unit cooperates with the procedures for verification of numbers, issuance of duplicate cards, and issuance of new numbers which have been established jointly between the Social Security Administration and the commissioner.
(d) Before DWP benefits can be issued to a family unit, the caregiver must, in conjunction with a job counselor, develop and sign an employment plan. In two-parent family units, both parents must develop and sign employment plans before benefits can be issued. Supplemental Nutrition Assistance Program (SNAP) and health care benefits are not contingent on the requirement for a signed employment plan.
Subd. 5.
Submitting application form.
The eligibility date for the diversionary work program begins on the date that the combined application form (CAF) is received by the county agency either as a signed written application; an application submitted by telephone; or an application submitted through Internet telepresence; or on the date that diversionary work program eligibility criteria are met, whichever is later. The county agency must inform an applicant that when the applicant submits the application by telephone or through Internet telepresence, the county agency must receive a signed written application within 30 days of the date that the applicant submitted the application by telephone or through Internet telepresence. The county agency must inform the applicant that any delay in submitting the application will reduce the benefits paid for the month of application. The county agency must inform a person that an application may be submitted before the person has an interview appointment. Upon receipt of a signed application, the county agency must stamp the date of receipt on the face of the application. The applicant may withdraw the application at any time prior to approval by giving written or oral notice to the county agency. The county agency must follow the notice requirements in section 256J.09, subdivision 3, when issuing a notice confirming the withdrawal.
Subd. 6.
Initial screening of applications.
Upon receipt of the application, the county agency must determine if the applicant may be eligible for other benefits as required in sections 256J.09, subdivision 3a, and 256J.28, subdivisions 1 and 5. The county must screen and the applicant must apply for other benefits as required under section 256J.30, subdivision 2. The county must also follow the provisions in section 256J.09, subdivision 3b, clause (2).
Subd. 7.
Program and processing standards.
(a) The interview to determine financial eligibility for the diversionary work program must be conducted within five working days of the receipt of the cash application form. During the intake interview, the financial worker must discuss:
(1) the goals, requirements, and services of the diversionary work program;
(2) the availability of child care assistance. If child care is needed, the worker must obtain a completed application for child care from the applicant before the interview is terminated. The same day the application for child care is received, the application must be forwarded to the appropriate child care worker. For purposes of eligibility for child care assistance under chapter 119B, DWP participants shall be eligible for the same benefits as MFIP recipients; and
(3) if the applicant has not requested SNAP benefits and health care assistance on the application, the county agency shall, during the interview process, talk with the applicant about the availability of these benefits.
(b) The county shall follow section 256J.74, subdivision 2, paragraph (b), clauses (1) and (2), when an applicant or a recipient of DWP has a person who is a member of more than one assistance unit in a given payment month.
(c) If within 30 days the county agency cannot determine eligibility for the diversionary work program, the county must deny the application and inform the applicant of the decision according to the notice provisions in section 256J.31. A family unit is eligible for a fair hearing under section 256J.40.
Subd. 8.
Verification requirements.
(a) A county agency must only require verification of information necessary to determine DWP eligibility and the amount of the payment. The applicant or participant must document the information required or authorize the county agency to verify the information. The applicant or participant has the burden of providing documentary evidence to verify eligibility. The county agency shall assist the applicant or participant in obtaining required documents when the applicant or participant is unable to do so.
(b) A county agency must not request information about an applicant or participant that is not a matter of public record from a source other than county agencies, the Department of Human Services, or the United States Department of Health and Human Services without the person's prior written consent. An applicant's signature on an application form constitutes consent for contact with the sources specified on the application. A county agency may use a single consent form to contact a group of similar sources, but the sources to be contacted must be identified by the county agency prior to requesting an applicant's consent.
(c) Factors to be verified shall follow section 256P.04, subdivisions 4 and 5. Except for personal needs, family maintenance needs must be verified before the expense can be allowed in the calculation of the DWP grant.
Subd. 9.
Property and income limitations.
The asset limits and exclusions in section 256P.02 apply to applicants and participants of DWP. All payments, as described in section 256P.06, subdivision 3, must be counted as income to determine eligibility for the diversionary work program. The agency shall treat income as outlined in section 256J.37, except for subdivision 3a. The initial income test and the disregards in section 256J.21, subdivision 3, shall be followed for determining eligibility for the diversionary work program.
Subd. 10.
Diversionary work program grant.
(a) The amount of cash benefits that a family unit is eligible for under the diversionary work program is based on the number of persons in the family unit, the family maintenance needs, personal needs allowance, and countable income. The county agency shall evaluate the income of the family unit that is requesting payments under the diversionary work program. Countable income means gross earned and unearned income not excluded or disregarded under MFIP. The same disregards for earned income that are allowed under MFIP are allowed for the diversionary work program.
(b) The DWP grant is based on the family maintenance needs for which the DWP family unit is responsible plus a personal needs allowance. Housing and utilities, except for telephone service, shall be vendor paid. Unless otherwise stated in this section, actual housing and utility expenses shall be used when determining the amount of the DWP grant.
(c) The maximum monthly benefit amount available under the diversionary work program is the difference between the family unit's needs under paragraph (b) and the family unit's countable income not to exceed the cash portion of the MFIP transitional standard as defined in sections 256J.08, subdivision 85, and 256J.24, subdivision 5, for the family unit's size.
(d) Once the county has determined a grant amount, the DWP grant amount will not be decreased if the determination is based on the best information available at the time of approval and shall not be decreased because of any additional income to the family unit. The grant must be increased if a participant later verifies an increase in family maintenance needs or family unit size. The minimum cash benefit amount, if income and asset tests are met, is $10. Benefits of $10 shall not be vendor paid.
(e) When all criteria are met, including the development of an employment plan as described in subdivision 14 and eligibility exists for the month of application, the amount of benefits for the diversionary work program retroactive to the date of application is as specified in section 256J.35, paragraph (b).
(f) Any month during the four-month DWP period that a person receives a DWP benefit directly or through a vendor payment made on the person's behalf, that person is ineligible for MFIP or any other TANF cash assistance program except for benefits defined in section 256J.626, subdivision 2, clause (1).
If during the four-month period a family unit that receives DWP benefits moves to a county that has not established a diversionary work program, the family unit may be eligible for MFIP the month following the last month of the issuance of the DWP benefit.
Subd. 11.
Universal participation required.
(a) All DWP caregivers, except caregivers who meet the criteria in paragraph (d), are required to participate in DWP employment services. Except as specified in paragraphs (b) and (c), employment plans under DWP must, at a minimum, meet the requirements in section 256J.55, subdivision 1.
(b) A caregiver who is a member of a two-parent family that is required to participate in DWP who would otherwise be ineligible for DWP under subdivision 3 may be allowed to develop an employment plan under section 256J.521, subdivision 2, that may contain alternate activities and reduced hours.
(c) A participant who is a victim of family violence shall be allowed to develop an employment plan under section 256J.521, subdivision 3. A claim of family violence must be documented by the applicant or participant by providing a sworn statement which is supported by collateral documentation in section 256J.545, paragraph (b).
(d) One parent in a two-parent family unit that has a natural born child under 12 months of age is not required to have an employment plan until the child reaches 12 months of age unless the family unit has already used the exclusion under section 256J.561, subdivision 3, or the previously allowed child under age one exemption under section 256J.56, paragraph (a), clause (5).
(e) The provision in paragraph (d) ends the first full month after the child reaches 12 months of age. This provision is allowable only once in a caregiver's lifetime. In a two-parent household, only one parent shall be allowed to use this category.
(f) The participant and job counselor must meet in the month after the month the child reaches 12 months of age to revise the participant's employment plan. The employment plan for a family unit that has a child under 12 months of age that has already used the exclusion in section 256J.561 must be tailored to recognize the caregiving needs of the parent.
Subd. 12.
Conversion or referral to MFIP.
(a) If at any time during the DWP application process or during the four-month DWP eligibility period, it is determined that a participant is unlikely to benefit from the diversionary work program, the county shall convert or refer the participant to MFIP as specified in paragraph (d). Participants who are determined to be unlikely to benefit from the diversionary work program must develop and sign an employment plan.
(b) A participant who meets the eligibility requirements under section 256J.575, subdivision 3, must be considered to be unlikely to benefit from DWP, provided the necessary documentation is available to support the determination.
(c) In a two-parent family unit, if one parent is determined to be unlikely to benefit from the diversionary work program, the family unit must be converted or referred to MFIP.
(d) A participant who is determined to be unlikely to benefit from the diversionary work program shall be converted to MFIP and, if the determination was made within 30 days of the initial application for benefits, no additional application form is required. A participant who is determined to be unlikely to benefit from the diversionary work program shall be referred to MFIP and, if the determination is made more than 30 days after the initial application, the participant must submit a program change request form. The county agency shall process the program change request form by the first of the following month to ensure that no gap in benefits is due to delayed action by the county agency. In processing the program change request form, the county must follow section 256J.32, subdivision 1, except that the county agency shall not require additional verification of the information in the case file from the DWP application unless the information in the case file is inaccurate, questionable, or no longer current.
(e) The county shall not request a combined application form for a participant who has exhausted the four months of the diversionary work program, has continued need for cash and food assistance, and has completed, signed, and submitted a program change request form within 30 days of the fourth month of the diversionary work program. The county must process the program change request according to section 256J.32, subdivision 1, except that the county agency shall not require additional verification of information in the case file unless the information is inaccurate, questionable, or no longer current. When a participant does not request MFIP within 30 days of the diversionary work program benefits being exhausted, a new combined application form must be completed for any subsequent request for MFIP.
Subd. 13.
Immediate referral to employment services.
Within one working day of determination that the applicant is eligible for the diversionary work program, but before benefits are issued to or on behalf of the family unit, the county shall refer all caregivers to employment services. The referral to the DWP employment services must be in writing and must contain the following information:
(1) notification that, as part of the application process, applicants are required to develop an employment plan or the DWP application will be denied;
(2) the employment services provider name and phone number;
(3) the immediate availability of supportive services, including, but not limited to, child care, transportation, and other work-related aid; and
(4) the rights, responsibilities, and obligations of participants in the program, including, but not limited to, the grounds for good cause, the consequences of refusing or failing to participate fully with program requirements, and the appeal process.
Subd. 14.
Employment plan; DWP benefits.
As soon as possible, but no later than ten working days of being notified that a participant is financially eligible for the diversionary work program, the employment services provider shall provide the participant with an opportunity to meet to develop an initial employment plan. Once the initial employment plan has been developed and signed by the participant and the job counselor, the employment services provider shall notify the county within one working day that the employment plan has been signed. The county shall issue DWP benefits within one working day after receiving notice that the employment plan has been signed.
Subd. 15.
Limitations on certain work activities.
(a) Except as specified in paragraphs (b) to (d), employment activities listed in section 256J.49, subdivision 13, are allowable under the diversionary work program.
(b) Work activities under section 256J.49, subdivision 13, clause (5), shall be allowable only when in combination with approved work activities under section 256J.49, subdivision 13, clauses (1) to (4), and shall be limited to no more than one-half of the hours required in the employment plan.
(c) In order for an English as a second language (ESL) class to be an approved work activity, a participant must:
(1) be below a spoken language proficiency level of SPL6 or its equivalent, as measured by a nationally recognized test; and
(2) not have been enrolled in ESL for more than 24 months while previously participating in MFIP or DWP. A participant who has been enrolled in ESL for 20 or more months may be approved for ESL until the participant has received 24 total months.
(d) Work activities under section 256J.49, subdivision 13, clause (6), shall be allowable only when the training or education program will be completed within the four-month DWP period. Training or education programs that will not be completed within the four-month DWP period shall not be approved.
Subd. 16.
Failure to comply with requirements.
A family unit that includes a participant who fails to comply with DWP employment service or child support enforcement requirements, without good cause as defined in sections 256.741 and 256J.57, shall be disqualified from the diversionary work program. The county shall provide written notice as specified in section 256J.31 to the participant prior to disqualifying the family unit due to noncompliance with employment service or child support. The disqualification does not apply to SNAP or health care benefits.
Subd. 17.
Good cause for not complying with requirements.
A participant who fails to comply with the requirements of the diversionary work program may claim good cause for reasons listed in sections 256.741 and 256J.57, subdivision 1, clauses (1) to (14). The county shall not impose a disqualification if good cause exists.
Subd. 18.
Reinstatement following disqualification.
A participant who has been disqualified from the diversionary work program due to noncompliance with employment services may regain eligibility for the diversionary work program by complying with program requirements. A participant who has been disqualified from the diversionary work program due to noncooperation with child support enforcement requirements may regain eligibility by complying with child support requirements under section 256.741. Once a participant has been reinstated, the county shall issue prorated benefits for the remaining portion of the month. A family unit that has been disqualified from the diversionary work program due to noncompliance shall not be eligible for MFIP or any other TANF cash program for the remainder of the four-month period. In a two-parent family, both parents must be in compliance before the family unit can regain eligibility for benefits.
Subd. 19.
DWP overpayments and underpayments.
DWP benefits are subject to overpayments and underpayments. Anytime an overpayment or an underpayment is determined for DWP, the correction shall be calculated using prospective budgeting. Corrections shall be determined based on the policy in section 256J.34, subdivision 1, paragraphs (a), (b), and (c). ATM errors must be recovered as specified in section 256P.08, subdivision 7. Cross program recoupment of overpayments cannot be assigned to or from DWP.
256P.07 REPORTING OF INCOME AND CHANGES.
Subd. 5.
DWP-specific reporting.
In addition to subdivisions 3 and 4, an assistance unit participating in the diversionary work program under section 256J.95 must report on an application:
(1) shelter expenses; and
(2) utility expenses.
518A.59 NOTICE OF INTEREST ON LATE CHILD SUPPORT.
Any judgment or decree of dissolution or legal separation containing a requirement of child support and any determination of parentage, order under chapter 518C, order under section 256.87, or order under section 260B.331 or 260C.331 must include a notice to the parties that section 548.091, subdivision 1a, provides for interest to begin accruing on a payment or installment of child support whenever the unpaid amount due is greater than the current support due.