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Capital IconMinnesota Legislature

HF 2476

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/26/2024 11:12am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/02/2023
1st Engrossment Posted on 04/24/2024
2nd Engrossment Posted on 04/26/2024

Current Version - 2nd Engrossment

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A bill for an act
relating to children; modifying provisions related to child protection, economic
supports, housing and homelessness, child care licensing, and the Department of
Children, Youth, and Families; requiring reports; appropriating money; amending
Minnesota Statutes 2022, sections 245.975, subdivisions 2, 4, 9; 256.045,
subdivisions 3b, as amended, 5, as amended, 7, as amended; 256.0451, subdivisions
1, as amended, 22, 24; 256.046, subdivision 2, as amended; 256E.35, subdivision
5; 256N.26, subdivisions 12, 13; 260C.331, by adding a subdivision; Minnesota
Statutes 2023 Supplement, sections 256.01, subdivision 12b; 256.043, subdivisions
3, 3a; 256.045, subdivision 3, as amended; 256E.35, subdivision 2; 256E.38,
subdivision 4; 518A.42, subdivision 3; Laws 2023, chapter 70, article 12, section
30, subdivisions 2, 3; article 14, section 42, by adding a subdivision; article 20,
sections 2, subdivisions 22, 24; 23; Laws 2024, chapter 80, article 1, sections 38,
subdivisions 1, 2, 5, 6, 7, 9; 96; article 4, section 26; article 6, section 4; proposing
coding for new law in Minnesota Statutes, chapters 142A; 256D; 260E; proposing
coding for new law as Minnesota Statutes, chapter 142B; repealing Minnesota
Statutes 2022, sections 245.975, subdivision 8; 245A.065; 256.01, subdivisions
12, 12a; Laws 2024, chapter 80, article 1, sections 38, subdivisions 3, 4, 11; 39;
43, subdivision 2; article 7, sections 3; 9; Minnesota Rules, part 9560.0232, subpart
5.

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

ARTICLE 1

CHILD PROTECTION AND SUPPORT

Section 1.

Minnesota Statutes 2023 Supplement, section 256.01, subdivision 12b, is
amended to read:


Subd. 12b.

Department of Human Services systemic critical incident review team.

(a)
The commissioner may establish a Department of Human Services systemic critical incident
review team to review new text begin (1) new text end critical incidents reported as required under section 626.557 for
which the Department of Human Services is responsible under section 626.5572, subdivision
13; chapter 245D; or Minnesota Rules, chapter 9544new text begin ; or (2) child fatalities and near fatalities
that occur in licensed facilities and are not due to natural causes
new text end . When reviewing a critical
incident, the systemic critical incident review team shall identify systemic influences to the
incident rather than determine the culpability of any actors involved in the incident. The
systemic critical incident review may assess the entire critical incident process from the
point of an entity reporting the critical incident through the ongoing case management
process. Department staff shall lead and conduct the reviews and may utilize county staff
as reviewers. The systemic critical incident review process may include but is not limited
to:

(1) data collection about the incident and actors involved. Data may include the relevant
critical services; the service provider's policies and procedures applicable to the incident;
the community support plan as defined in section 245D.02, subdivision 4b, for the person
receiving services; or an interview of an actor involved in the critical incident or the review
of the critical incident. Actors may include:

(i) staff of the provider agency;

(ii) lead agency staff administering home and community-based services delivered by
the provider;

(iii) Department of Human Services staff with oversight of home and community-based
services;

(iv) Department of Health staff with oversight of home and community-based services;

(v) members of the community including advocates, legal representatives, health care
providers, pharmacy staff, or others with knowledge of the incident or the actors in the
incident; and

(vi) staff from the Office of the Ombudsman for Mental Health and Developmental
Disabilities and the Office of Ombudsman for Long-Term Care;

(2) systemic mapping of the critical incident. The team conducting the systemic mapping
of the incident may include any actors identified in clause (1), designated representatives
of other provider agencies, regional teams, and representatives of the local regional quality
council identified in section 256B.097; and

(3) analysis of the case for systemic influences.

Data collected by the critical incident review team shall be aggregated and provided to
regional teams, participating regional quality councils, and the commissioner. The regional
teams and quality councils shall analyze the data and make recommendations to the
commissioner regarding systemic changes that would decrease the number and severity of
critical incidents in the future or improve the quality of the home and community-based
service system.

(b) Cases selected for the systemic critical incident review process shall be selected by
a selection committee among the following critical incident categories:

(1) cases of caregiver neglect identified in section 626.5572, subdivision 17;

(2) cases involving financial exploitation identified in section 626.5572, subdivision 9;

(3) incidents identified in section 245D.02, subdivision 11;

(4) behavior interventions identified in Minnesota Rules, part 9544.0110;

(5) service terminations reported to the department in accordance with section 245D.10,
subdivision 3a; and

(6) other incidents determined by the commissioner.

(c) The systemic critical incident review under this section shall not replace the process
for screening or investigating cases of alleged maltreatment of an adult under section 626.557new text begin
or of a child under chapter 260E
new text end . The department may select cases for systemic critical
incident review, under the jurisdiction of the commissioner, reported for suspected
maltreatment and closed following initial or final disposition.

(d) The proceedings and records of the review team are confidential data on individuals
or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13. Data that
document a person's opinions formed as a result of the review are not subject to discovery
or introduction into evidence in a civil or criminal action against a professional, the state,
or a county agency arising out of the matters that the team is reviewing. Information,
documents, and records otherwise available from other sources are not immune from
discovery or use in a civil or criminal action solely because the information, documents,
and records were assessed or presented during proceedings of the review team. A person
who presented information before the systemic critical incident review team or who is a
member of the team shall not be prevented from testifying about matters within the person's
knowledge. In a civil or criminal proceeding, a person shall not be questioned about opinions
formed by the person as a result of the review.

(e) By October 1 of each year, the commissioner shall prepare an annual public report
containing the following information:

(1) the number of cases reviewed under each critical incident category identified in
paragraph (b) and a geographical description of where cases under each category originated;

(2) an aggregate summary of the systemic themes from the critical incidents examined
by the critical incident review team during the previous year;

(3) a synopsis of the conclusions, incident analyses, or exploratory activities taken in
regard to the critical incidents examined by the critical incident review team; and

(4) recommendations made to the commissioner regarding systemic changes that could
decrease the number and severity of critical incidents in the future or improve the quality
of the home and community-based service system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2022, section 256N.26, subdivision 12, is amended to read:


Subd. 12.

Treatment of Supplemental Security Income.

new text begin (a) new text end If a child placed in foster
care receives benefits through Supplemental Security Income (SSI) at the time of foster
care placement or subsequent to placement in foster care, the financially responsible agency
may apply to be the payee for the child for the duration of the child's placement in foster
care. If a child continues to be eligible for SSI after finalization of the adoption or transfer
of permanent legal and physical custody and is determined to be eligible for a payment
under Northstar Care for Children, a permanent caregiver may choose to receive payment
from both programs simultaneously. The permanent caregiver is responsible to report the
amount of the payment to the Social Security Administration and the SSI payment will be
reduced as required by the Social Security Administration.

new text begin (b) If a financially responsible agency applies to be the payee for a child who receives
benefits through SSI, or receives the benefits under this subdivision on behalf of a child,
the financially responsible agency must provide written notice by certified mail, return
receipt requested to:
new text end

new text begin (1) the child, if the child is 13 years of age or older;
new text end

new text begin (2) the child's next of kin;
new text end

new text begin (3) the guardian ad litem;
new text end

new text begin (4) the legally responsible agency; and
new text end

new text begin (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.
new text end

new text begin (c) If a financially responsible agency receives benefits under this subdivision on behalf
of a child 13 years of age or older, the legally responsible agency and the guardian ad litem
must disclose this information to the child in person in a manner that best helps the child
understand the information. This paragraph does not apply in circumstances where the child
is living outside of Minnesota.
new text end

new text begin (d) If a financially responsible agency receives the benefits under this subdivision on
behalf of a child, it cannot use those funds for any other purpose than the care of that child.
The financially responsible agency must not commingle any benefits received under this
subdivision and must not put the benefits received on behalf of a child under this subdivision
into a general fund.
new text end

new text begin (e) If a financially responsible agency receives any benefits under this subdivision, it
must keep a record of:
new text end

new text begin (1) the total dollar amount it received on behalf of all children it receives benefits for;
new text end

new text begin (2) the total number of children it applied to be a payee for; and
new text end

new text begin (3) the total number of children it received benefits for.
new text end

new text begin (f) By July 1, 2025, and each July 1 thereafter, each financially responsible agency must
submit a report to the commissioner of human services that includes the information required
under paragraph (e). By September 1 of each year, the commissioner must submit a report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over child protection that compiles the information provided to the commissioner by each
financially responsible agency under paragraph (e); subdivision 13, paragraph (e); and
section 260C.331, subdivision 7, paragraph (d).
new text end

Sec. 3.

Minnesota Statutes 2022, section 256N.26, subdivision 13, is amended to read:


Subd. 13.

Treatment of retirementnew text begin ,new text end survivor'snew text begin , andnew text end disability insurance, veteran's
benefits, railroad retirement benefits, and black lung benefits.

new text begin (a)new text end If a child placed in
foster care receives retirementnew text begin ,new text end survivor'snew text begin , andnew text end disability insurance, veteran's benefits, railroad
retirement benefits, or black lung benefits at the time of foster care placement or subsequent
to placement in foster care, the financially responsible agency may apply to be the payee
for the child for the duration of the child's placement in foster care. If it is anticipated that
a child will be eligible to receive retirementnew text begin ,new text end survivor'snew text begin , andnew text end disability insurance, veteran's
benefits, railroad retirement benefits, or black lung benefits after finalization of the adoption
or assignment of permanent legal and physical custody, the permanent caregiver shall apply
to be the payee of those benefits on the child's behalf.

new text begin (b) If the financially responsible agency applies to be the payee for a child who receives
retirement, survivor's, and disability insurance, veteran's benefits, railroad retirement benefits,
or black lung benefits, or receives the benefits under this subdivision on behalf of a child,
the financially responsible agency must provide written notice by certified mail, return
receipt requested to:
new text end

new text begin (1) the child, if the child is 13 years of age or older;
new text end

new text begin (2) the child's next of kin;
new text end

new text begin (3) the guardian ad litem;
new text end

new text begin (4) the legally responsible agency; and
new text end

new text begin (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.
new text end

new text begin (c) If a financially responsible agency receives benefits under this subdivision on behalf
of a child 13 years of age or older, the legally responsible agency and the guardian ad litem
must disclose this information to the child in person in a manner that best helps the child
understand the information. This paragraph does not apply in circumstances where the child
is living outside of Minnesota.
new text end

new text begin (d) If a financially responsible agency receives the benefits under this subdivision on
behalf of a child, it cannot use those funds for any other purpose than the care of that child.
The financially responsible agency must not commingle any benefits received under this
subdivision and must not put the benefits received on behalf of a child under this subdivision
into a general fund.
new text end

new text begin (e) If a financially responsible agency receives any benefits under this subdivision, it
must keep a record of:
new text end

new text begin (1) the total dollar amount it received on behalf of all children it receives benefits for;
new text end

new text begin (2) the total number of children it applied to be a payee for; and
new text end

new text begin (3) the total number of children it received benefits for.
new text end

new text begin (f) By January 1 of each year, each financially responsible agency must submit a report
to the commissioner of human services that includes the information required under paragraph
(e).
new text end

Sec. 4.

Minnesota Statutes 2022, section 260C.331, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Notice. new text end

new text begin (a) If the responsible social services agency receives retirement,
survivor's, and disability insurance, Supplemental Security Income, veteran's benefits,
railroad retirement benefits, or black lung benefits on behalf of a child, it must provide
written notice by certified mail, return receipt requested to:
new text end

new text begin (1) the child, if the child is 13 years of age or older;
new text end

new text begin (2) the child's next of kin;
new text end

new text begin (3) the guardian ad litem;
new text end

new text begin (4) the legally responsible agency as defined in section 256N.02, if different than the
responsible social services agency; and
new text end

new text begin (5) the counsel appointed for the child pursuant to section 260C.163, subdivision 3.
new text end

new text begin (b) If the responsible social services agency receives benefits under this subdivision on
behalf of a child 13 years of age or older, the legally responsible agency as defined in section
256N.02, subdivision 14, if different, and the guardian ad litem must disclose this information
to the child in person in a manner that best helps the child understand the information. This
paragraph does not apply in circumstances where the child is living outside of Minnesota.
new text end

new text begin (c) If the responsible social services agency receives the benefits listed under this
subdivision on behalf of a child, it cannot use those funds for any other purpose than the
care of that child. The responsible social services agency must not commingle any benefits
received under this subdivision and must not put the benefits received on behalf of a child
into a general fund.
new text end

new text begin (d) If the responsible social services agency receives any benefits listed under this
subdivision, it must keep a record of the total dollar amount it received on behalf of all
children it receives benefits for and the total number of children it receives benefits for. By
July 1, 2025, and each July 1 thereafter, the responsible social services agency must submit
a report to the commissioner that includes the information required under this paragraph.
new text end

Sec. 5.

new text begin [260E.39] CHILD FATALITY AND NEAR FATALITY REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "critical incident" means a child fatality or near fatality in which maltreatment was
a known or suspected contributing cause;
new text end

new text begin (2) "joint review" means the critical incident review conducted by the child mortality
review panel jointly with the local review team under subdivision 4, paragraph (b);
new text end

new text begin (3) "local review" means the local critical incident review conducted by the local review
team under subdivision 4, paragraph (c);
new text end

new text begin (4) "local review team" means a local child mortality review team established under
subdivision 2; and
new text end

new text begin (5) "panel" means the child mortality review panel established under subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Local child mortality review teams. new text end

new text begin (a) Each county shall establish a
multidisciplinary local child mortality review team and shall participate in local critical
incident reviews that are based on safety science principles to support a culture of learning.
The local welfare agency's child protection team may serve as the local review team. The
local review team shall include but not be limited to professionals with knowledge of the
critical incident being reviewed and, if the critical incident being reviewed involved an
Indian child as defined in section 260.755, subdivision 8, at least one representative from
the child's Tribe.
new text end

new text begin (b) The local review team shall conduct reviews of critical incidents jointly with the
child mortality review panel or as otherwise required under subdivision 4, paragraph (c).
new text end

new text begin Subd. 3. new text end

new text begin Child mortality review panel; establishment and membership. new text end

new text begin (a) The
commissioner shall establish a child mortality review panel to review critical incidents
attributed to child maltreatment. The purpose of the panel is to identify systemic changes
to improve child safety and well-being and recommend modifications in statute, rule, policy,
and procedure.
new text end

new text begin (b) The panel shall consist of:
new text end

new text begin (1) the commissioner of children, youth, and families, or a designee;
new text end

new text begin (2) the commissioner of human services, or a designee;
new text end

new text begin (3) the commissioner of health, or a designee;
new text end

new text begin (4) the commissioner of education, or a designee;
new text end

new text begin (5) the superintendent of the Bureau of Criminal Apprehension, or a designee;
new text end

new text begin (6) a judge, appointed by the Minnesota judicial branch; and
new text end

new text begin (7) other members appointed by the governor, including but not limited to:
new text end

new text begin (i) a physician who is a medical examiner;
new text end

new text begin (ii) a physician who is a child abuse specialist pediatrician;
new text end

new text begin (iii) a county attorney who works on child protection cases;
new text end

new text begin (iv) two current child protection supervisors for local welfare agencies, each of whom
has previous experience as a frontline child protection worker;
new text end

new text begin (v) a current local welfare agency director who has previous experience as a frontline
child protection worker or supervisor;
new text end

new text begin (vi) two current child protection supervisors or directors for Tribal child welfare agencies,
each of whom has previous experience as a frontline child protection worker or supervisor;
new text end

new text begin (vii) a county or Tribal public health worker; and
new text end

new text begin (viii) a member representing law enforcement.
new text end

new text begin (c) The governor shall designate one member as chair of the panel from the members
listed in paragraph (b), clauses (6) and (7).
new text end

new text begin (d) Members of the panel shall serve terms of four years for an unlimited number of
terms. A member of the panel may be removed by the appointing authority for the member.
new text end

new text begin (e) The commissioner shall employ an executive director for the panel to:
new text end

new text begin (1) provide administrative support to the panel and the chair, including providing the
panel with critical incident notices submitted by local welfare agencies;
new text end

new text begin (2) compile and synthesize information for the panel;
new text end

new text begin (3) draft recommendations and reports for the panel's final approval; and
new text end

new text begin (4) conduct or otherwise direct training and consultation under subdivision 7.
new text end

new text begin Subd. 4. new text end

new text begin Critical incident review process. new text end

new text begin (a) A local welfare agency that has determined
that maltreatment was the cause of or a contributing factor in a critical incident must notify
the commissioner and the executive director of the panel within three business days of
making the determination.
new text end

new text begin (b) The panel shall conduct a joint review with the local review team for:
new text end

new text begin (1) any critical incident relating to a family, child, or caregiver involved in a local welfare
agency family assessment or investigation within the 12 months preceding the critical
incident;
new text end

new text begin (2) a critical incident the governor or commissioner directs the panel to review; and
new text end

new text begin (3) any other critical incident the panel chooses for review.
new text end

new text begin (c) The local review team must review all critical incident cases not subject to joint
review under paragraph (b).
new text end

new text begin (d) Within 120 days of initiating a joint review or local review of a critical incident,
except as provided under paragraph (h), the panel or local review team shall complete the
joint review or local review and compile a report. The report must include any systemic
learnings that may increase child safety and well-being, and may include policy or practice
considerations for systems changes that may improve child well-being and safety.
new text end

new text begin (e) A local review team must provide its report following a local review to the panel
within three business days after the report is complete. After receiving the local review team
report, the panel may conduct a further joint review.
new text end

new text begin (f) Following the panel's joint review or after receiving a local review team report, the
panel may make recommendations to any state or local agency, branch of government, or
system partner to improve child safety and well-being.
new text end

new text begin (g) The commissioner shall conduct additional information gathering as requested by
the panel or the local review team. The commissioner must conduct information gathering
for all cases for which the panel requests assistance. The commissioner shall compile a
summary report for each critical incident for which information gathering is conducted and
provide the report to the panel and the local welfare agency that reported the critical incident.
new text end

new text begin (h) If the panel or local review team requests information gathering from the
commissioner, the panel or local review team may conduct the joint review or local review
and compile its report under paragraph (d) after receiving the commissioner's summary
information-gathering report. The timeline for a local or joint review under paragraph (d)
may be extended if the panel or local review team requests additional information gathering
to complete their review. If the local review team extends the timeline for its review and
report, the local welfare agency must notify the executive director of the panel of the
extension and the expected completion date.
new text end

new text begin (i) The review of any critical incident shall proceed as specified in this section, regardless
of the status of any pending litigation or other active investigation.
new text end

new text begin Subd. 5. new text end

new text begin Critical incident reviews; data practices and immunity. new text end

new text begin (a) In conducting
reviews, the panel, the local review team, and the commissioner shall have access to not
public data under chapter 13 maintained by state agencies, statewide systems, or political
subdivisions that are related to the child's critical incident or circumstances surrounding the
care of the child. The panel, the local review team, and the commissioner shall also have
access to records of private hospitals as necessary to carry out the duties prescribed by this
section. A state agency, statewide system, or political subdivision shall provide the data
upon request from the commissioner. Not public data may be shared with members of the
panel, a local review team, or the commissioner in connection with an individual case.
new text end

new text begin (b) Notwithstanding the data's classification in the possession of any other agency, data
acquired by a local review team, the panel, or the commissioner in the exercise of their
duties are protected nonpublic or confidential data as defined in section 13.02 but may be
disclosed as necessary to carry out the duties of the review team, panel, or commissioner.
The data are not subject to subpoena or discovery.
new text end

new text begin (c) The commissioner shall disclose information regarding a critical incident upon request
but shall not disclose data that was classified as confidential or private data on decedents
under section 13.10 or private, confidential, or protected nonpublic data in the disseminating
agency, except that the commissioner may disclose local social service agency data as
provided in section 260E.35 on individual cases involving a critical incident with a person
served by the local social service agency prior to the date of the critical incident.
new text end

new text begin (d) A person attending a local review team or child mortality review panel meeting shall
not disclose what transpired at the meeting except to carry out the purposes of the local
review team or panel. The commissioner shall not disclose what transpired during its
information-gathering process except to carry out the duties of the commissioner. The
proceedings and records of the local review team, the panel, and the commissioner are
protected nonpublic data as defined in section 13.02, subdivision 13, and are not subject to
discovery or introduction into evidence in a civil or criminal action. Information, documents,
and records otherwise available from other sources are not immune from discovery or use
in a civil or criminal action solely because they were presented during proceedings of the
local review team, the panel, or the commissioner.
new text end

new text begin (e) A person who presented information before the local review team, the panel, or the
commissioner or who is a member of the local review team or the panel, or an employee
conducting information gathering as designated by the commissioner, shall not be prevented
from testifying about matters within the person's knowledge. However, in a civil or criminal
proceeding, a person may not be questioned about the person's presentation of information
to the local review team, the panel, or the commissioner, or about the information reviewed
or discussed during a critical incident review or the information-gathering process, any
conclusions drawn or recommendations made related to information gathering or a critical
incident review, or opinions formed by the person as a result of the panel or review team
meetings.
new text end

new text begin (f) A person who presented information before the local review team, the panel, or the
commissioner, or who is a member of the local review team or the panel, or an employee
conducting information gathering as designated by the commissioner, is immune from any
civil or criminal liability that might otherwise result from the person's presentation or
statements if the person was acting in good faith and assisting with information gathering
or in a critical incident review under this section.
new text end

new text begin Subd. 6. new text end

new text begin Child mortality review panel; annual report. new text end

new text begin Beginning December 15, 2026,
and on or before December 15 annually thereafter, the commissioner shall publish a report
of the child mortality review panel. The report shall include but not be limited to de-identified
summary data on the number of critical incidents reported to the panel, the number of critical
incidents reviewed by the panel and local review teams, and systemic learnings identified
by the panel or local review teams during the period covered by the report. The report shall
also include recommendations on improving the child protection system, including
modifications to statutes, rules, policies, and procedures. The panel may make
recommendations to the legislature or any state or local agency at any time, outside of its
annual report.
new text end

new text begin Subd. 7. new text end

new text begin Local welfare agency critical incident review training. new text end

new text begin The commissioner
shall provide training and support to local review teams and the panel to assist with local
or joint review processes and procedures. The commissioner shall also provide consultation
to local review teams and the panel conducting local or joint reviews pursuant to this section.
new text end

new text begin Subd. 8. new text end

new text begin Culture of learning and improvement. new text end

new text begin The local review teams and panel
shall advance and support a culture of learning and improvement within Minnesota's child
welfare system.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 518A.42, subdivision 3, is amended
to read:


Subd. 3.

Exception.

(a) deleted text begin This sectiondeleted text end new text begin The minimum basic support amount under
subdivision 2
new text end does not apply to an obligor who is incarcerated deleted 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)
benefits
deleted text end .

new text begin (b) The minimum basic support amount under subdivision 2 does not apply to an obligor
who is a recipient of:
new text end

new text begin (1) a general assistance grant;
new text end

new text begin (2) Supplemental Security Income;
new text end

new text begin (3) a Temporary Assistance for Needy Families (TANF) grant; or
new text end

new text begin (4) comparable state-funded Minnesota family investment program (MFIP) benefits.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end If the court finds the obligor receives no income and completely lacks the ability
to earn income, the minimum basic support amount under deleted text begin thisdeleted text end subdivisionnew text begin 2new text end does not apply.

deleted text begin (c)deleted text end new text begin (d)new text end 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 deleted text begin thisdeleted text end subdivisionnew text begin 2new text end does not apply and the lesser amount is the guideline
basic support.

Sec. 7.

Laws 2023, chapter 70, article 14, section 42, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Compensation. new text end

new text begin Compensation of board members is governed by Minnesota
Statutes, section 15.0575.
new text end

Sec. 8. new text begin SUPREME COURT COUNCIL ON CHILD PROTECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The chief justice of the supreme court is invited to
establish a Supreme Court Council on Child Protection as part of Minnesota's Court
Improvement Program, the Children's Justice Initiative, authorized under Public Law
116-260, Division CC, title III, section 305, of the Consolidated Appropriations Act of
2021, to develop a comprehensive blueprint to improve Minnesota's child protection system.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The council must consist of the following members:
new text end

new text begin (1) the chief justice of the supreme court or a designee;
new text end

new text begin (2) the commissioner of children, youth, and families, or a designee;
new text end

new text begin (3) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the house minority leader;
new text end

new text begin (4) two members of the senate, one appointed by the senate majority leader and one
appointed by the senate minority leader;
new text end

new text begin (5) members representing Indian Tribes, including Tribal courts, appointed by the
executive board of the Minnesota Indian Affairs Council;
new text end

new text begin (6) professionals, including law enforcement officers, with substantial experience
responding to reports of child maltreatment, appointed by the chief justice of the supreme
court;
new text end

new text begin (7) professionals with experience providing child protective services, foster care, adoption
services, and postpermanency services, appointed by the chief justice of the supreme court;
new text end

new text begin (8) legal professionals and guardians ad litem with significant experience in juvenile
protection matters, appointed by the chief justice of the supreme court;
new text end

new text begin (9) educational professionals, including professionals with experience in early childhood
education and providing educational services to children with disabilities, appointed by the
chief justice of the supreme court;
new text end

new text begin (10) professionals from nonprofit community organizations with experience providing
services and supports to children, parents, and relatives involved in child maltreatment and
juvenile protection matters, appointed by the chief justice of the supreme court;
new text end

new text begin (11) professionals with expertise on childhood trauma and adverse childhood experiences,
appointed by the chief justice of the supreme court;
new text end

new text begin (12) professionals with expertise providing services to persons with disabilities involved
with the child protection system, appointed by the chief justice of the supreme court; and
new text end

new text begin (13) persons with lived experience as a parent or child involved with the child protection
system, appointed by the chief justice of the supreme court.
new text end

new text begin Subd. 3. new text end

new text begin Organization and administration. new text end

new text begin (a) The council is governed by Minnesota
Statutes, section 15.059, except that subdivision 6 does not apply. The state court
administrator must provide the council with staff support, office and meeting space, and
access to office equipment and services.
new text end

new text begin (b) Council members serve at the pleasure of the appointing authority. The chief justice
of the supreme court must select a chair from among the members. The council may select
other officers, subcommittees, and work groups as it deems necessary.
new text end

new text begin Subd. 4. new text end

new text begin Meetings. new text end

new text begin (a) The council must meet at the call of the chair.
new text end

new text begin (b) The chair must convene the council's first meeting, which must occur by September
15, 2024.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin The council must develop a comprehensive blueprint for improvement
that addresses all aspects of the child protection system, including prevention and early
intervention, by:
new text end

new text begin (1) reviewing policies, laws, practices, latest research, and data related to children in the
child protection system;
new text end

new text begin (2) gathering information through surveys or focus groups, including consultation with
individuals who have lived experience with the child protection system; and
new text end

new text begin (3) making recommendations for changes in policies and law that are designed to improve
outcomes for children in the child protection system or at risk of maltreatment.
new text end

new text begin Subd. 6. new text end

new text begin Reports. new text end

new text begin By January 15, 2025, the Supreme Court Council on Child Protection
must submit a progress report on the council's duties under subdivision 5 to the governor,
the chief justice of the supreme court, and the chairs and ranking minority members of the
legislative committees with jurisdiction over child protection. By January 15, 2026, the
council must submit its final report to the governor, the chief justice of the supreme court,
and the chairs and ranking minority members of the legislative committees with jurisdiction
over child protection, detailing the comprehensive blueprint developed under subdivision
5.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The Supreme Court Council on Child Protection expires upon the
submission of its final report under subdivision 6.
new text end

Sec. 9. new text begin PREVENTING NONRELATIVE FOSTER CARE PLACEMENT GRANTS.
new text end

new text begin (a) The commissioner of children, youth, and families shall award grants to eligible
community-based nonprofit organizations to provide culturally competent support and
connection to local and statewide resources for relative caregivers who are caring for relative
children. Grant funds must be used to serve relative caregivers for children from communities
that are disproportionately overrepresented in the child welfare system, as determined by
the commissioner, based on available data. Grant funds may be used to assess relative
caregiver and child needs, provide connection to local and statewide culturally competent
resources, provide culturally competent case management to assist with complex cases, and
provide culturally competent supports to reduce the need for child welfare involvement or
risk of child welfare involvement and increase family stability by preventing nonrelative
foster care placement.
new text end

new text begin (b) For purposes of this section, "relative" has the meaning given in Minnesota Statutes,
section 260C.007, subdivision 27.
new text end

Sec. 10. new text begin DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND
FAMILIES; CHILD MALTREATMENT REPORTING SYSTEMS REVIEW AND
RECOMMENDATIONS.
new text end

new text begin The commissioner of children, youth, and families must review current child maltreatment
reporting processes and systems in various states and evaluate the costs and benefits of each
reviewed state's system. In consultation with stakeholders, including but not limited to
counties, Tribes, and organizations with expertise in child maltreatment prevention and
child protection, the commissioner must develop recommendations on implementing a
statewide common entry point system for reporting child maltreatment in Minnesota,
outlining the benefits, challenges, and costs of such a transition. By March 1, 2025, the
commissioner must submit a report detailing the commissioner's recommendations to the
chairs and ranking minority members of the legislative committees with jurisdiction over
child protection. The commissioner must also publish the report on the department's website.
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. 11. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; CHILD
WELFARE FISCAL ANALYSIS.
new text end

new text begin Subdivision 1. new text end

new text begin Child welfare fiscal analysis. new text end

new text begin The commissioner of human services must
contract with a third-party consultant selected according to subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Fiscal analysis consultant selection. new text end

new text begin The commissioner, in consultation with
the Association of Minnesota Counties, the Minnesota Indian Affairs Council, community
nonprofits, community providers, and other child welfare system stakeholders, must select
a third-party independent consultant to conduct the fiscal analysis required under this section.
The consultant must have expertise in and experience with child welfare systems and
conducting fiscal analyses.
new text end

new text begin Subd. 3. new text end

new text begin Child welfare fiscal analysis requirements. new text end

new text begin When conducting the child welfare
fiscal analysis under this section, the third-party consultant must evaluate:
new text end

new text begin (1) financial systems in Minnesota's child welfare system and funding sources available
to the child welfare system;
new text end

new text begin (2) state and local agency administrative resources necessary to effectively obtain,
manage, and distribute federal funds to counties and Tribal Nations;
new text end

new text begin (3) the state's access to and use of funding or reimbursements under federal Title IV-E
and Title IV-B, the federal Child Abuse Prevention and Treatment Act, TANF, Medicaid,
the federal Social Services Block Grant Program, and other federal funds for expenses
related to child welfare, including legal representation, training, and prevention services;
new text end

new text begin (4) relevant information needed to secure available federal funds for the child welfare
system;
new text end

new text begin (5) the implementation of the Family First Prevention Services Act and related claim
processes; and
new text end

new text begin (6) federal Title IV-E attorney and training reimbursements in the state and all allowable
Title IV-E administrative costs.
new text end

new text begin Subd. 4. new text end

new text begin Report on fiscal analysis. new text end

new text begin By June 30, 2026, the third-party consultant who
conducted the child welfare fiscal analysis under this section must submit a final report to
the commissioner of human services and the chairs and ranking minority members of the
legislative committees with jurisdiction over the child welfare system. The final report must
include the findings from the fiscal analysis required in this section. The report must also
include recommendations on:
new text end

new text begin (1) whether Minnesota should increase state investment into the child welfare system;
new text end

new text begin (2) how to maximize the state's receipt of federal funding, including reimbursements;
new text end

new text begin (3) legislative proposals for any necessary statutory changes; and
new text end

new text begin (4) administrative and fiscal resources needed to implement necessary statutory changes.
new text end

new text begin Subd. 5. new text end

new text begin Tribal participation. new text end

new text begin Each of Minnesota's 11 federally recognized Tribal
Nations may participate in the fiscal analysis required under this section. Tribal Nations
that choose to participate have sovereignty over data they choose to share with the consultant,
or other individuals or entities, and may request that their data not be included in any public
documents.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 256.01, subdivisions 12 and 12a, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 9560.0232, subpart 5, 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 July 1, 2025.
new text end

ARTICLE 2

ECONOMIC SUPPORTS

Section 1.

new text begin [256D.66] CAMPUS-BASED EMPLOYMENT AND TRAINING
PROGRAM FOR STUDENTS ENROLLED IN HIGHER EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Designation. new text end

new text begin (a) Within six months of the effective date of this section,
the Board of Trustees of Minnesota State Colleges and Universities must, and the Board of
Regents of the University of Minnesota is requested to, submit an application to the
commissioner of human services verifying whether each of its institutions meets the
requirements to be a campus-based employment and training program that qualifies for the
student exemption for supplemental nutrition assistance program (SNAP) eligibility, as
described in the Code of Federal Regulations, title 7, section 273.5(b)(11)(iv).
new text end

new text begin (b) An institution of higher education must be designated as a campus-based employment
and training program by the commissioner of human services if that institution meets the
requirements set forth in the guidance under subdivision 3. The commissioner of human
services must maintain a list of approved programs on its website.
new text end

new text begin Subd. 2. new text end

new text begin Student eligibility. new text end

new text begin A student is eligible to participate in a campus-based
employment and training program under this section if they are enrolled in:
new text end

new text begin (1) a public two-year community or technical college and received a state grant under
section 136A.121, received a federal Pell grant, or has a student aid index of $0 or less;
new text end

new text begin (2) a Tribal college as defined in section 136A.62 and received a state grant under section
136A.121, received a federal Pell grant, or has a student aid index of $0 or less; or
new text end

new text begin (3) a public four-year university and received a state grant under section 136A.121,
received a federal Pell grant, or has a student aid index of $0 or less.
new text end

new text begin Subd. 3. new text end

new text begin Guidance. new text end

new text begin Within three months of the effective date of this section and annually
thereafter, the commissioner of human services, in consultation with the commissioner of
higher education, must issue guidance to counties, Tribal Nations, Tribal colleges, and
Minnesota public postsecondary institutions that:
new text end

new text begin (1) clarifies the state and federal eligibility requirements for campus-based employment
and training programs for low-income households;
new text end

new text begin (2) clarifies the application process for campus-based employment and training programs
for low-income households including, but not limited to, providing a list of the supporting
documents required for program approval;
new text end

new text begin (3) clarifies how students in an institution of higher education approved as campus-based
employment and training program for low-income households qualify for a SNAP student
exemption; and
new text end

new text begin (4) clarifies the SNAP eligibility criteria for students that qualify for a SNAP student
exemption under this section.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin Within three months of the effective date of this section, the
commissioner of human services, in consultation with the commissioner of higher education,
must design an application for institutions of higher education to apply for a campus-based
employment and training program designation.
new text end

new text begin Subd. 5. new text end

new text begin Notice. new text end

new text begin At the beginning of each academic semester, an institution of higher
education with a designated campus-based employment and training program must send a
letter to students eligible under this section to inform them that they may qualify for SNAP
benefits and direct them to resources to apply. The letter under this subdivision shall serve
as proof of a student's enrollment in a campus-based employment and training program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner
of human services must notify the revisor of statutes when federal approval is obtained.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, 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;

(3) a women-oriented economic development agency;

(4) a federally recognized Tribal Nation; or

(5) a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue
Code.

(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 new text begin finances and new text end use of a dwelling unit as
primary quarters for living and eating separate from other individuals.new text begin Sharing finances
does not include situations in which a person is living in the same dwelling unit as others
without sharing any other financial arrangements.
new text end

(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;

(5) acquisition costs of a personal vehicle only if approved by the fiduciary organization;

(6) contributions to an emergency savings account; and

(7) contributions to a Minnesota 529 savings plan.

Sec. 3.

Minnesota Statutes 2022, section 256E.35, subdivision 5, is amended to read:


Subd. 5.

Household eligibility; participation.

(a) To be eligible for deleted text begin state or TANF
matching funds in
deleted text end the family assets for independence initiative, a household must deleted text begin meet the
eligibility requirements of the federal Assets for Independence Act, Public Law 105-285,
in Title IV, section 408 of that act
deleted text end new text begin have maximum income that is equal to or less than the
greater of:
new text end

new text begin (1) 50 percent of the area median income as determined by the United States Department
of Housing and Urban Development; or
new text end

new text begin (2) 200 percent of the federal poverty guidelinesnew text end .

new text begin (b) To be eligible for state matching funds under this section, a household must meet
the requirements of this section.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end Each participating household must sign a family asset agreement that includes
the amount of scheduled deposits into its savings account, the proposed use, and the proposed
savings goal. A participating household must agree to complete an economic literacy training
program.

deleted text begin (c)deleted text end new text begin (d)new text end Participating households may only deposit money that is derived from household
earned income or from state and federal income tax credits.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 256E.38, subdivision 4, is amended
to read:


Subd. 4.

Eligible uses of grant money.

An eligible applicant that receives grant money
under this section shall use the money to purchase diapers and wipes and may use up to
deleted text begin fourdeleted text end new text begin tennew text end percent of the money for administrative costs.

ARTICLE 3

HOUSING AND HOMELESSNESS

Section 1. new text begin EMERGENCY SHELTER NEEDS ANALYSIS FOR LGBTQIA+ YOUTH
EXPERIENCING HOMELESSNESS.
new text end

new text begin (a) The commissioner of human services must contract with a third-party entity with
experience conducting research related to youth experiencing homelessness, to conduct a
needs analysis for emergency shelter serving LGBTQIA+ youth experiencing homelessness
and to conduct site analysis and develop a plan for building the emergency shelter.
new text end

new text begin (b) In conducting the needs analysis under this section, the third-party entity must
consider:
new text end

new text begin (1) the number of individuals needing emergency shelter at any given time;
new text end

new text begin (2) the age ranges of the individuals who would be served;
new text end

new text begin (3) the types of support services needed when individuals arrive at the shelter;
new text end

new text begin (4) the outreach necessary to let LGBTQIA+ individuals know that emergency shelter
is available; and
new text end

new text begin (5) where individuals needing emergency shelter are coming from.
new text end

new text begin (c) No later than March 1, 2025, the commissioner must submit a written report to the
legislative committees with jurisdiction over services for persons experiencing homelessness
with the results of the needs analysis, recommendations for a site location, and the plan for
building the emergency shelter, as required under this section.
new text end

Sec. 2. new text begin PREGNANT AND PARENTING HOMELESS YOUTH STUDY.
new text end

new text begin (a) The commissioner of human services must contract with the Wilder Foundation to
conduct a study of:
new text end

new text begin (1) the statewide numbers and unique needs of pregnant and parenting youth experiencing
homelessness; and
new text end

new text begin (2) best practices in supporting pregnant and parenting homeless youth within
programming, emergency shelter, and housing settings.
new text end

new text begin (b) The Wilder Foundation must submit a final report to the commissioner by December
31, 2025. The commissioner shall submit the report to the chairs and ranking minority
members of the legislative committees with jurisdiction over homeless youth services finance
and policy.
new text end

ARTICLE 4

CHILD CARE LICENSING

Section 1.

new text begin [142B.171] CHILD CARE WEIGHTED RISK SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Implementation. new text end

new text begin The commissioner shall develop and implement a child
care weighted risk system that provides a tiered licensing enforcement framework for child
care licensing requirements in this chapter or Minnesota Rules, chapter 9502 or 9503.
new text end

new text begin Subd. 2. new text end

new text begin Documented technical assistance. new text end

new text begin (a) In lieu of a correction order under section
142B.16, the commissioner shall provide documented technical assistance to a family child
care or child care center license holder if the commissioner finds that:
new text end

new text begin (1) the license holder has failed to comply with a requirement in this chapter or Minnesota
Rules, chapter 9502 or 9503, that the commissioner determines to be low risk as determined
by the child care weighted risk system;
new text end

new text begin (2) the noncompliance does not imminently endanger the health, safety, or rights of the
persons served by the program; and
new text end

new text begin (3) the license holder did not receive documented technical assistance or a correction
order for the same violation at the license holder's most recent annual licensing inspection.
new text end

new text begin (b) Documented technical assistance must include communication from the commissioner
to the license holder that:
new text end

new text begin (1) states the conditions that constitute a violation of a law or rule;
new text end

new text begin (2) references the specific law or rule violated; and
new text end

new text begin (3) explains remedies for correcting the violation.
new text end

new text begin (c) The commissioner shall not publicly publish documented technical assistance on the
department's website.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 245A.065, new text end new text begin is repealed.
new text end

ARTICLE 5

DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES

Section 1.

new text begin [142A.045] CHILDREN, YOUTH, AND FAMILIES
INTERGOVERNMENTAL ADVISORY COMMITTEE.
new text end

new text begin (a) An intergovernmental advisory committee is established to provide advice,
consultation, and recommendations to the commissioner on the planning, design,
administration, funding, and evaluation of services to children, youth, and families.
Notwithstanding section 15.059, the commissioner, the Association of Minnesota Counties,
and the Minnesota Association of County Social Services Administrators must codevelop
and execute a process to administer the committee that ensures each county is represented.
The committee must meet at least quarterly and special meetings may be called by the
committee chair or a majority of the members.
new text end

new text begin (b) Subject to section 15.059, the commissioner may reimburse committee members or
their alternates for allowable expenses while engaged in their official duties as committee
members.
new text end

new text begin (c) Notwithstanding section 15.059, the intergovernmental advisory committee does not
expire.
new text end

Sec. 2.

Minnesota Statutes 2022, section 245.975, subdivision 2, is amended to read:


Subd. 2.

Duties.

(a) The ombudsperson's duties shall include:

(1) advocating on behalf of a family child care provider to address all areas of concern
related to the provision of child care services, including licensing monitoring activities,
licensing actions, and other interactions with state and county licensing staff;

(2) providing recommendations for family child care improvement or family child care
provider education;

(3) operating a telephone line to answer questions, receive complaints, and discuss
agency actions when a family child care provider believes that the provider's rights or
program may have been adversely affected; and

(4) assisting a family child care license applicant with navigating the application process.

(b) The ombudsperson must report annually by December 31 to the commissioner new text begin of
children, youth, and families
new text end and the chairs and ranking minority members of the legislative
committees with jurisdiction over child care on the services provided by the ombudsperson
to child care providers, including the number and locations of child care providers served
and the activities of the ombudsperson in carrying out the duties under this section. The
commissioner shall determine the form of the report and may specify additional reporting
requirements.

Sec. 3.

Minnesota Statutes 2022, section 245.975, subdivision 4, is amended to read:


Subd. 4.

Access to records.

(a) The ombudsperson or designee, excluding volunteers,
has access to any data of a state agency necessary for the discharge of the ombudsperson's
duties, including records classified as confidential data on individuals or private data on
individuals under chapter 13 or any other law. The ombudsperson's data request must relate
to a specific case and is subject to section 13.03, subdivision 4. If the data concerns an
individual, the ombudsperson or designee shall first obtain the individual's consent. If the
individual is unable to consent and has no parent or legal guardian, then the ombudsperson's
or designee's access to the data is authorized by this section.

(b) The ombudsperson and designees must adhere to the Minnesota Government Data
Practices Act and must not disseminate any private or confidential data on individuals unless
specifically authorized by state, local, or federal law or pursuant to a court order.

(c) The commissioner new text begin of human services; the commissioner of children, youth, and
families;
new text end and any county agency must provide the ombudsperson copies of all fix-it tickets,
correction orders, and licensing actions issued to family child care providers.

Sec. 4.

Minnesota Statutes 2022, section 245.975, subdivision 9, is amended to read:


Subd. 9.

Posting.

(a) The commissionernew text begin of children, youth, and familiesnew text end shall post on
the department's website the mailing address, email address, and telephone number for the
office of the ombudsperson. The commissioner shall provide family child care providers
with the mailing address, email address, and telephone number of the ombudsperson's office
on the family child care licensing website and upon request of a family child care applicant
or provider. Counties must provide family child care applicants and providers with the
name, mailing address, email address, and telephone number of the ombudsperson's office
upon request.

(b) The ombudsperson must approve all postings and notices required by the department
and counties under this subdivision.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 256.043, subdivision 3, is amended
to read:


Subd. 3.

Appropriations from registration and license fee account.

(a) The
appropriations in paragraphs (b) to (n) shall be made from the registration and license fee
account on a fiscal year basis in the order specified.

(b) The appropriations specified in Laws 2019, chapter 63, article 3, section 1, paragraphs
(b), (f), (g), and (h), as amended by Laws 2020, chapter 115, article 3, section 35, shall be
made accordingly.

(c) $100,000 is appropriated to the commissioner of human services for grants for opiate
antagonist distribution. Grantees may utilize funds for opioid overdose prevention,
community asset mapping, education, and opiate antagonist distribution.

(d) $2,000,000 is appropriated to the commissioner of human services for grants to Tribal
nations and five urban Indian communities for traditional healing practices for American
Indians and to increase the capacity of culturally specific providers in the behavioral health
workforce.

(e) $400,000 is appropriated to the commissioner of human services for competitive
grants for opioid-focused Project ECHO programs.

(f) $277,000 in fiscal year 2024 and $321,000 each year thereafter is appropriated to the
commissioner of human services to administer the funding distribution and reporting
requirements in paragraph (o).

(g) $3,000,000 in fiscal year 2025 and $3,000,000 each year thereafter is appropriated
to the commissioner of human services for safe recovery sites start-up and capacity building
grants under section 254B.18.

(h) $395,000 in fiscal year 2024 and $415,000 each year thereafter is appropriated to
the commissioner of human services for the opioid overdose surge alert system under section
245.891.

(i) $300,000 is appropriated to the commissioner of management and budget for
evaluation activities under section 256.042, subdivision 1, paragraph (c).

(j) $261,000 is appropriated to the commissioner of human services for the provision of
administrative services to the Opiate Epidemic Response Advisory Council and for the
administration of the grants awarded under paragraph (n).

(k) $126,000 is appropriated to the Board of Pharmacy for the collection of the registration
fees under section 151.066.

(l) $672,000 is appropriated to the commissioner of public safety for the Bureau of
Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab supplies
and $288,000 is for special agent positions focused on drug interdiction and drug trafficking.

(m) After the appropriations in paragraphs (b) to (l) are made, 50 percent of the remaining
amount is appropriated to the commissioner of deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end
for distribution to county social service agencies and Tribal social service agency initiative
projects authorized under section 256.01, subdivision 14b, to provide child protection
services to children and families who are affected by addiction. The commissioner shall
distribute this money proportionally to county social service agencies and Tribal social
service agency initiative projects based on out-of-home placement episodes where parental
drug abuse is the primary reason for the out-of-home placement using data from the previous
calendar year. County social service agencies and Tribal social service agency initiative
projects receiving funds from the opiate epidemic response fund must annually report to
the commissioner on how the funds were used to provide child protection services, including
measurable outcomes, as determined by the commissioner. County social service agencies
and Tribal social service agency initiative projects must not use funds received under this
paragraph to supplant current state or local funding received for child protection services
for children and families who are affected by addiction.

(n) After the appropriations in paragraphs (b) to (m) are made, the remaining amount in
the account is appropriated to the commissioner of human services to award grants as
specified by the Opiate Epidemic Response Advisory Council in accordance with section
256.042, unless otherwise appropriated by the legislature.

(o) Beginning in fiscal year 2022 and each year thereafter, funds for county social service
agencies and Tribal social service agency initiative projects under paragraph (m) and grant
funds specified by the Opiate Epidemic Response Advisory Council under paragraph (n)
may be distributed on a calendar year basis.

(p) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs
(c), (d), (e), (g), (m), and (n) are available for three years after the funds are appropriated.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 256.043, subdivision 3a, is amended
to read:


Subd. 3a.

Appropriations from settlement account.

(a) The appropriations in paragraphs
(b) to (e) shall be made from the settlement account on a fiscal year basis in the order
specified.

(b) If the balance in the registration and license fee account is not sufficient to fully fund
the appropriations specified in subdivision 3, paragraphs (b) to (l), an amount necessary to
meet any insufficiency shall be transferred from the settlement account to the registration
and license fee account to fully fund the required appropriations.

(c) $209,000 in fiscal year 2023 and $239,000 in fiscal year 2024 and subsequent fiscal
years are appropriated to the commissioner of human services for the administration of
grants awarded under paragraph (e). $276,000 in fiscal year 2023 and $151,000 in fiscal
year 2024 and subsequent fiscal years are appropriated to the commissioner of human
services to collect, collate, and report data submitted and to monitor compliance with
reporting and settlement expenditure requirements by grantees awarded grants under this
section and municipalities receiving direct payments from a statewide opioid settlement
agreement as defined in section 256.042, subdivision 6.

(d) After any appropriations necessary under paragraphs (b) and (c) are made, an amount
equal to the calendar year allocation to Tribal social service agency initiative projects under
subdivision 3, paragraph (m), is appropriated from the settlement account to the commissioner
of deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end for distribution to Tribal social service
agency initiative projects to provide child protection services to children and families who
are affected by addiction. The requirements related to proportional distribution, annual
reporting, and maintenance of effort specified in subdivision 3, paragraph (m), also apply
to the appropriations made under this paragraph.

(e) After making the appropriations in paragraphs (b), (c), and (d), the remaining amount
in the account is appropriated to the commissioner of human services to award grants as
specified by the Opiate Epidemic Response Advisory Council in accordance with section
256.042.

(f) Funds for Tribal social service agency initiative projects under paragraph (d) and
grant funds specified by the Opiate Epidemic Response Advisory Council under paragraph
(e) may be distributed on a calendar year basis.

(g) Notwithstanding section 16A.28, subdivision 3, funds appropriated in paragraphs
(d) and (e) are available for three years after the funds are appropriated.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 256.045, subdivision 3, as amended
by Laws 2024, chapter 79, article 3, section 3, and Laws 2024, chapter 80, article 1, section
67, is amended to read:


Subd. 3.

State agency hearings.

(a) State agency hearings are available for the following:

(1) any person:

(i) applying for, receiving or having received public assistance, medical care, or a program
of social services administered by the commissioner or a county agency on behalf of the
commissioner; and

(ii) whose application for assistance is denied, not acted upon with reasonable promptness,
or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly
paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by a
lead investigative agency to have maltreated a vulnerable adult under section 626.557 after
they have exercised their right to administrative reconsideration under section 626.557;

(5) any person to whom a right of appeal according to this section is given by other
provision of law;

(6) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15;

(7) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

new text begin (8) except as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under chapter 260E, after the individual or facility has exercised the
right to administrative reconsideration under chapter 260E;
new text end

deleted text begin (8)deleted text end new text begin (9)new text end except as provided under chapter 245C deleted text begin and except for a subject of a background
study that the commissioner has conducted on behalf of another agency for a program or
facility not otherwise overseen by the commissioner
deleted text end , an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or (8) deleted text begin or section 142A.20, subdivision 3, clause (4)deleted text end , and a
disqualification under this clause in which the basis for a disqualification is serious or
recurring maltreatment, shall be consolidated into a single fair hearing. In such cases, the
scope of review by the human services judge shall include both the maltreatment
determination and the disqualification. The failure to exercise the right to an administrative
reconsideration shall not be a bar to a hearing under this section if federal law provides an
individual the right to a hearing to dispute a finding of maltreatment;

deleted text begin (9)deleted text end new text begin (10)new text end any person with an outstanding debt resulting from receipt of public assistance
administered by the commissioner or medical care who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt;

deleted text begin (10)deleted text end new text begin (11)new text end a person issued a notice of service termination under section 245D.10,
subdivision 3a, by a licensed provider of any residential supports or services listed in section
245D.03, subdivision 1, paragraphs (b) and (c), that is not otherwise subject to appeal under
subdivision 4a;

deleted text begin (11)deleted text end new text begin (12)new text end an individual disability waiver recipient based on a denial of a request for a
rate exception under section 256B.4914;

deleted text begin (12)deleted text end new text begin (13)new text end a person issued a notice of service termination under section 245A.11,
subdivision
11, that is not otherwise subject to appeal under subdivision 4a; or

deleted text begin (13)deleted text end new text begin (14)new text end a recovery community organization seeking medical assistance vendor eligibility
under section 254B.01, subdivision 8, that is aggrieved by a membership or accreditation
determination and that believes the organization meets the requirements under section
254B.05, subdivision 1, paragraph (d), clauses (1) to (10). The scope of the review by the
human services judge shall be limited to whether the organization meets each of the
requirements under section 254B.05, subdivision 1, paragraph (d), clauses (1) to (10).

(b) The hearing for an individual or facility under paragraph (a), clause (4), (8), or (9),
is the only administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. Hearings requested
under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
clause (8), apply only to incidents of maltreatment that occur on or after July 1, 1997. A
hearing for an individual or facility under paragraph (a), clause (4), (8), or (9), is only
available when there is no district court action pending. If such action is filed in district
court while an administrative review is pending that arises out of some or all of the events
or circumstances on which the appeal is based, the administrative review must be suspended
until the judicial actions are completed. If the district court proceedings are completed,
dismissed, or overturned, the matter may be considered in an administrative hearing.

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

new text begin (d) The scope of hearings involving claims to foster care payments under section 142A.20,
subdivision 2, clause (2), shall be limited to the issue of whether the county is legally
responsible for a child's placement under court order or voluntary placement agreement
and, if so, the correct amount of foster care payment to be made on the child's behalf and
shall not include review of the propriety of the county's child protection determination or
child placement decision.
new text end

deleted text begin (d)deleted text end new text begin (e)new text end The scope of hearings under paragraph (a), clauses (11) and (13), shall be limited
to whether the proposed termination of services is authorized under section 245D.10,
subdivision 3a
, paragraph (b), or 245A.11, subdivision 11, and whether the requirements
of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a,
paragraphs (d) and (e), were met. If the appeal includes a request for a temporary stay of
termination of services, the scope of the hearing shall also include whether the case
management provider has finalized arrangements for a residential facility, a program, or
services that will meet the assessed needs of the recipient by the effective date of the service
termination.

deleted text begin (e)deleted text end new text begin (f)new text end A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.

deleted text begin (f)deleted text end new text begin (g)new text end An applicant or recipient is not entitled to receive social services beyond the
services prescribed under chapter 256M or other social services the person is eligible for
under state law.

deleted text begin (g)deleted text end new text begin (h)new text end The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law, except in matters covered by paragraph deleted text begin (h)deleted text end new text begin (i)new text end .

deleted text begin (h)deleted text end new text begin (i)new text end When the subject of an administrative review is a matter within the jurisdiction
of the direct care and treatment executive board as a part of the board's powers and duties
under chapter 246C, the executive board may summarily affirm the county or state agency's
proposed action without a hearing when the sole issue is an automatic change due to a
change in state or federal law.

deleted text begin (i)deleted text end new text begin (j)new text end Unless federal or Minnesota law specifies a different time frame in which to file
an appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition, or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.

Sec. 8.

Minnesota Statutes 2022, section 256.045, subdivision 3b, as amended by Laws
2024, chapter 80, article 1, section 68, is amended to read:


Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a)
The state human services judge shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under section 626.557 and
chapter 260E. For purposes of hearings regarding disqualification, the state human services
judge shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph
(a), clause (9), if a preponderance of the evidence shows the individual has:

(1) committed maltreatment under section 626.557 or chapter 260E that is serious or
recurring;

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

(3) failed to make required reports under section 626.557 or chapter 260E, for incidents
in which the final disposition under section 626.557 or chapter 260E was substantiated
maltreatment that was serious or recurring.

(b) If the disqualification is affirmed, the state human services judge shall determine
whether the individual poses a risk of harm in accordance with the requirements of section
245C.22, and whether the disqualification should be set aside or not set aside. In determining
whether the disqualification should be set aside, the human services judge shall consider
all of the characteristics that cause the individual to be disqualified, including those
characteristics that were not subject to review under paragraph (a), in order to determine
whether the individual poses a risk of harm. A decision to set aside a disqualification that
is the subject of the hearing constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact services in the individual
program specified in the set aside.

(c) If a disqualification is based solely on a conviction or is conclusive for any reason
under section 245C.29, the disqualified individual does not have a right to a hearing under
this section.

(d) The state human services judge shall recommend an order to the commissioner of
healthdeleted text begin ,deleted text end new text begin ;new text end educationdeleted text begin ,deleted text end new text begin ; children, youth, and families;new text end or human services, as applicable, who
shall issue a final order. The commissioner shall affirm, reverse, or modify the final
disposition. Any order of the commissioner issued in accordance with this subdivision is
conclusive upon the parties unless appeal is taken in the manner provided in subdivision 7.
In any licensing appeal under chapters 245A and 245C and sections 144.50 to 144.58 and
144A.02 to 144A.482, the commissioner's determination as to maltreatment is conclusive,
as provided under section 245C.29.

Sec. 9.

Minnesota Statutes 2022, section 256.045, subdivision 5, as amended by Laws
2024, chapter 79, article 3, section 4, is amended to read:


Subd. 5.

Orders of the commissioner of human services.

(a) Except as provided for
under subdivision 5a for matters under the jurisdiction of the direct care and treatment
executive boardnew text begin and for hearings held under section 142A.20, subdivision 2new text end , a state human
services judge shall conduct a hearing on the appeal and shall recommend an order to the
commissioner of human services. The recommended order must be based on all relevant
evidence and must not be limited to a review of the propriety of the state or county agency's
action. A human services judge may take official notice of adjudicative facts. The
commissioner of human services may accept the recommended order of a state human
services judge and issue the order to the county agency and the applicant, recipient, former
recipient, or prepaid health plan. The commissioner on refusing to accept the recommended
order of the state human services judge, shall notify the petitioner, the agency, or prepaid
health plan of that fact and shall state reasons therefor and shall allow each party ten days'
time to submit additional written argument on the matter. After the expiration of the ten-day
period, the commissioner shall issue an order on the matter to the petitioner, the agency, or
prepaid health plan.

(b) A party aggrieved by an order of the commissioner may appeal under subdivision
7, or request reconsideration by the commissioner within 30 days after the date the
commissioner issues the order. The commissioner may reconsider an order upon request of
any party or on the commissioner's own motion. A request for reconsideration does not stay
implementation of the commissioner's order. The person seeking reconsideration has the
burden to demonstrate why the matter should be reconsidered. The request for reconsideration
may include legal argument and proposed additional evidence supporting the request. If
proposed additional evidence is submitted, the person must explain why the proposed
additional evidence was not provided at the time of the hearing. If reconsideration is granted,
the other participants must be sent a copy of all material submitted in support of the request
for reconsideration and must be given ten days to respond. Upon reconsideration, the
commissioner may issue an amended order or an order affirming the original order.

(c) Any order of the commissioner issued under this subdivision shall be conclusive
upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order
of the commissioner is binding on the parties and must be implemented by the state agency,
a county agency, or a prepaid health plan according to subdivision 3a, until the order is
reversed by the district court, or unless the commissioner or a district court orders monthly
assistance or aid or services paid or provided under subdivision 10.

(d) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing or seek judicial review of an order issued under this section, unless assisting
a recipient as provided in subdivision 4. A prepaid health plan is a party to an appeal under
subdivision 3a, but cannot seek judicial review of an order issued under this section.

Sec. 10.

Minnesota Statutes 2022, section 256.045, subdivision 7, as amended by Laws
2024, chapter 79, article 3, section 7, is amended to read:


Subd. 7.

Judicial review.

Except for a prepaid health plan, any party who is aggrieved
by an order of the commissioner of human servicesdeleted text begin ,deleted text end new text begin ;new text end the commissioner of healthnew text begin ; or the
commissioner of children, youth, and families
new text end in appeals within the commissioner's
jurisdiction under subdivision 3bdeleted text begin ,deleted text end new text begin ;new text end or the direct care and treatment executive board in appeals
within the jurisdiction of the executive board under subdivision 5a may appeal the order to
the district court of the county responsible for furnishing assistance, or, in appeals under
subdivision 3b, the county where the maltreatment occurred, by serving a written copy of
a notice of appeal upon the applicable commissioner or executive board and any adverse
party of record within 30 days after the date the commissioner or executive board issued
the order, the amended order, or order affirming the original order, and by filing the original
notice and proof of service with the court administrator of the district court. Service may
be made personally or by mail; service by mail is complete upon mailing; no filing fee shall
be required by the court administrator in appeals taken pursuant to this subdivision, with
the exception of appeals taken under subdivision 3b. The applicable commissioner or
executive board may elect to become a party to the proceedings in the district court. Except
for appeals under subdivision 3b, any party may demand that the commissioner or executive
board furnish all parties to the proceedings with a copy of the decision, and a transcript of
any testimony, evidence, or other supporting papers from the hearing held before the human
services judge, by serving a written demand upon the applicable commissioner or executive
board within 30 days after service of the notice of appeal. Any party aggrieved by the failure
of an adverse party to obey an order issued by the commissioner or executive board under
subdivisions 5 or 5a may compel performance according to the order in the manner prescribed
in sections 586.01 to 586.12.

Sec. 11.

Minnesota Statutes 2022, section 256.0451, subdivision 1, as amended by Laws
2024, chapter 80, article 1, section 72, is amended to read:


Subdivision 1.

Scope.

(a) The requirements in this section apply to all fair hearings and
appeals under deleted text begin sectiondeleted text end new text begin sections 142A.20, subdivision 2, andnew text end 256.045, subdivision 3, paragraph
(a), clauses (1), (2), (3), (5), (6), (7), deleted text begin (8), (11)deleted text end new text begin (10)new text end , and deleted text begin (13)deleted text end new text begin (12)new text end . Except as provided in
subdivisions 3 and 19, the requirements under this section apply to fair hearings and appeals
under section 256.045, subdivision 3, paragraph (a), clauses (4), deleted text begin (9)deleted text end new text begin (8)new text end , deleted text begin (10)deleted text end new text begin (9)new text end , and deleted text begin (12)deleted text end new text begin
(11)
new text end .

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

(c) For purposes of this section, "agency" means the county human services agency, the
state human services agency, and, where applicable, any entity involved under a contract,
subcontract, grant, or subgrant with the state agency or with a county agency, that provides
or operates programs or services in which appeals are governed by section 256.045.

Sec. 12.

Minnesota Statutes 2022, section 256.0451, subdivision 22, is amended to read:


Subd. 22.

Decisions.

A timely, written decision must be issued in every appeal. Each
decision must contain a clear ruling on the issues presented in the appeal hearing and should
contain a ruling only on questions directly presented by the appeal and the arguments raised
in the appeal.

(a) A written decision must be issued within 90 days of the date the person involved
requested the appeal unless a shorter time is required by law. An additional 30 days is
provided in those cases where the commissioner refuses to accept the recommended decision.
In appeals of maltreatment determinations or disqualifications filed pursuant to section
256.045, subdivision 3, paragraph (a), clause (4), deleted text begin (9)deleted text end new text begin (8)new text end , or deleted text begin (10)deleted text end new text begin (9)new text end , that also give rise to
possible licensing actions, the 90-day period for issuing final decisions does not begin until
the later of the date that the licensing authority provides notice to the appeals division that
the authority has made the final determination in the matter or the date the appellant files
the last appeal in the consolidated matters.

(b) The decision must contain both findings of fact and conclusions of law, clearly
separated and identified. The findings of fact must be based on the entire record. Each
finding of fact made by the human services judge shall be supported by a preponderance
of the evidence unless a different standard is required under the regulations of a particular
program. The "preponderance of the evidence" means, in light of the record as a whole, the
evidence leads the human services judge to believe that the finding of fact is more likely to
be true than not true. The legal claims or arguments of a participant do not constitute either
a finding of fact or a conclusion of law, except to the extent the human services judge adopts
an argument as a finding of fact or conclusion of law.

The decision shall contain at least the following:

(1) a listing of the date and place of the hearing and the participants at the hearing;

(2) a clear and precise statement of the issues, including the dispute under consideration
and the specific points which must be resolved in order to decide the case;

(3) a listing of the material, including exhibits, records, reports, placed into evidence at
the hearing, and upon which the hearing decision is based;

(4) the findings of fact based upon the entire hearing record. The findings of fact must
be adequate to inform the participants and any interested person in the public of the basis
of the decision. If the evidence is in conflict on an issue which must be resolved, the findings
of fact must state the reasoning used in resolving the conflict;

(5) conclusions of law that address the legal authority for the hearing and the ruling, and
which give appropriate attention to the claims of the participants to the hearing;

(6) a clear and precise statement of the decision made resolving the dispute under
consideration in the hearing; and

(7) written notice of the right to appeal to district court or to request reconsideration,
and of the actions required and the time limits for taking appropriate action to appeal to
district court or to request a reconsideration.

(c) The human services judge shall not independently investigate facts or otherwise rely
on information not presented at the hearing. The human services judge may not contact
other agency personnel, except as provided in subdivision 18. The human services judge's
recommended decision must be based exclusively on the testimony and evidence presented
at the hearing, and legal arguments presented, and the human services judge's research and
knowledge of the law.

(d) The commissioner will review the recommended decision and accept or refuse to
accept the decision according to sectionnew text begin 142A.20, subdivision 3, ornew text end 256.045, subdivision
5
.

Sec. 13.

Minnesota Statutes 2022, section 256.0451, subdivision 24, is amended to read:


Subd. 24.

Reconsideration.

(a) Reconsideration may be requested within 30 days of
the date of the commissioner's final order. If reconsideration is requested under sectionnew text begin
142A.20, subdivision 3, or
new text end 256.045, subdivision 5, the other participants in the appeal shall
be informed of the request. The person seeking reconsideration has the burden to demonstrate
why the matter should be reconsidered. The request for reconsideration may include legal
argument and may include proposed additional evidence supporting the request. The other
participants shall be sent a copy of all material submitted in support of the request for
reconsideration and must be given ten days to respond.

(b) When the requesting party raises a question as to the appropriateness of the findings
of fact, the commissioner shall review the entire record.

(c) When the requesting party questions the appropriateness of a conclusion of law, the
commissioner shall consider the recommended decision, the decision under reconsideration,
and the material submitted in connection with the reconsideration. The commissioner shall
review the remaining record as necessary to issue a reconsidered decision.

(d) The commissioner shall issue a written decision on reconsideration in a timely fashion.
The decision must clearly inform the parties that this constitutes the final administrative
decision, advise the participants of the right to seek judicial review, and the deadline for
doing so.

Sec. 14.

Minnesota Statutes 2022, section 256.046, subdivision 2, as amended by Laws
2024, chapter 80, article 1, section 75, is amended to read:


Subd. 2.

Combined hearing.

deleted text begin (a)deleted text end The human services judge may combine a fair hearing
under section 142A.20 or 256.045 and administrative fraud disqualification hearing under
this section or section 142A.27 into a single hearing if the factual issues arise out of the
same, or related, circumstancesdeleted text begin ; the commissioner of human services has jurisdiction over
at least one of the hearings;
deleted text end and the individual receives prior notice that the hearings will
be combined. If the administrative fraud disqualification hearing and fair hearing are
combined, the time frames for administrative fraud disqualification hearings specified in
Code of Federal Regulations, title 7, section 273.16, apply. If the individual accused of
wrongfully obtaining assistance is charged under section 256.98 for the same act or acts
which are the subject of the hearing, the individual may request that the hearing be delayed
until the criminal charge is decided by the court or withdrawn.

deleted text begin (b) The human services judge must conduct any hearings under section 142A.20 or
142A.27 pursuant to the relevant laws and rules governing children, youth, and families
judges.
deleted text end

Sec. 15.

Laws 2023, chapter 70, article 12, section 30, subdivision 2, is amended to read:


Subd. 2.

Department of Human Services.

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:

(1) family services and community-based collaboratives under Minnesota Statutes,
section 124D.23;

(2) child care programs under Minnesota Statutes, chapter 119B;

(3) Parent Aware quality rating and improvement system under Minnesota Statutes,
section 124D.142;

(4) migrant child care services under Minnesota Statutes, section 256M.50;

(5) early childhood and school-age professional development training under Laws 2007,
chapter 147, article 2, section 56;

(6) licensure of family child care and child care centers, child foster care, and private
child placing agencies under Minnesota Statutes, chapter 245A;

(7) certification of license-exempt child care centers under Minnesota Statutes, chapter
245H;

(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;

(9) SNAP under Minnesota Statutes, sections 256D.60 to 256D.63;

(10) electronic benefit transactions under Minnesota Statutes, sections 256.9862,
256.9863, 256.9865, 256.987, 256.9871, 256.9872, and 256J.77;

(11) Minnesota food assistance program under Minnesota Statutes, section 256D.64;

(12) Minnesota food shelf program under Minnesota Statutes, section 256E.34;

(13) MFIP and Temporary Assistance for Needy Families (TANF) under Minnesota
Statutes, sections 256.9864 and 256.9865 and chapters 256J and 256P;

(14) Diversionary Work Program (DWP) under Minnesota Statutes, section 256J.95;

(15) deleted text begin resettlement programs under Minnesota Statutes, section 256B.06, subdivision 6deleted text end new text begin
American Indian food sovereignty program under Minnesota Statutes, section 256E.342
new text end ;

(16) child abuse under Minnesota Statutes, chapter 256E;

(17) reporting of the maltreatment of minors under Minnesota Statutes, chapter 260E;

(18) children in voluntary foster care for treatment under Minnesota Statutes, chapter
260D;

(19) juvenile safety and placement under Minnesota Statutes, chapter 260C;

(20) the Minnesota Indian Family Preservation Act under Minnesota Statutes, sections
260.751 to 260.835;

(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;

(22) adoption under Minnesota Statutes, sections 259.20 to 259.89;

(23) Northstar Care for Children under Minnesota Statutes, chapter 256N;

(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;

(25) community action programs under Minnesota Statutes, sections 256E.30 to 256E.32;
deleted text begin and
deleted text end

(26) Family Assets for Independence in Minnesota under Minnesota Statutes, section
256E.35deleted text begin .deleted text end new text begin ;
new text end

new text begin (27) capital for emergency food distribution facilities under Laws 2023, chapter 70,
article 20, section 2, subdivision 24, paragraph (i);
new text end

new text begin (28) community resource centers under Laws 2023, chapter 70, article 14, section 42;
new text end

new text begin (29) diaper distribution grant program under Minnesota Statutes, section 256E.38;
new text end

new text begin (30) Family First Prevention Services Act support and development grant program under
Minnesota Statutes, section 256.4793;
new text end

new text begin (31) Family First Prevention Services Act kinship navigator program under Minnesota
Statutes, section 256.4794;
new text end

new text begin (32) family first prevention and early intervention allocation program under Minnesota
Statutes, section 260.014;
new text end

new text begin (33) grants for prepared meals food relief under Laws 2023, chapter 70, article 12, section
33;
new text end

new text begin (34) independent living skills for foster youth under Laws 2023, chapter 70, article 14,
section 41;
new text end

new text begin (35) legacy adoption assistance under Minnesota Statutes, chapter 259A;
new text end

new text begin (36) quality parenting initiative grant program under Minnesota Statutes, section
245.0962;
new text end

new text begin (37) relative custody assistance under Minnesota Statutes, section 257.85;
new text end

new text begin (38) reimbursement to counties and Tribes for certain out-of-home placements under
Minnesota Statutes, section 477A.0126; and
new text end

new text begin (39) Supplemental Nutrition Assistance Program outreach under Minnesota Statutes,
section 256D.65.
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. 16.

Laws 2023, chapter 70, article 12, section 30, subdivision 3, is amended to read:


Subd. 3.

Department of Education.

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:

(1) Head Start Program and Early Head Start under Minnesota Statutes, sections 119A.50
to 119A.545;

(2) the early childhood screening program under Minnesota Statutes, sections 121A.16
to 121A.19;

(3) early learning scholarships under Minnesota Statutes, section 124D.165;

(4) the interagency early childhood intervention system under Minnesota Statutes,
sections 125A.259 to 125A.48;

(5) voluntary prekindergarten programs and school readiness plus programs under
Minnesota Statutes, section 124D.151;

(6) early childhood family education programs under Minnesota Statutes, sections
124D.13 to 124D.135;

(7) school readiness under Minnesota Statutes, sections 124D.15 to 124D.16; deleted text begin and
deleted text end

(8) after-school community learning programs under Minnesota Statutes, section
124D.2211deleted text begin .deleted text end new text begin ; and
new text end

new text begin (9) grow your own program under Minnesota Statutes, section 122A.731.
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.

Laws 2024, chapter 80, article 1, section 38, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Children, youth, and families judges; appointmentdeleted text end new text begin Hearings held by
the Department of Human Services
new text end .

deleted text begin The commissioner of children, youth, and families
may appoint one or more state children, youth, and families judges to conduct hearings and
recommend orders in accordance with subdivisions 2, 3, and 5. Children, youth, and families
judges designated pursuant to this section may administer oaths and shall be under the
control and supervision of the commissioner of children, youth, and families and shall not
be a part of the Office of Administrative Hearings established pursuant to sections 14.48 to
14.56. The commissioner shall only appoint as a full-time children, youth, and families
judge an individual who is licensed to practice law in Minnesota and who is:
deleted text end

deleted text begin (1) in active status;
deleted text end

deleted text begin (2) an inactive resident;
deleted text end

deleted text begin (3) retired;
deleted text end

deleted text begin (4) on disabled status; or
deleted text end

deleted text begin (5) on retired senior status.
deleted text end

new text begin All state agency hearings under subdivision 2 must be heard by a human services judge
pursuant to sections 256.045 and 256.0451.
new text end

Sec. 18.

Laws 2024, chapter 80, article 1, section 38, subdivision 2, is amended to read:


Subd. 2.

State agency hearings.

deleted text begin (a)deleted text end State agency hearings are available for the following:

(1) any person:

(i) applying for, receiving, or having received public assistance or a program of social
services administered by the commissioner or a county agency on behalf of the commissioner
or the federal Food and Nutrition Act; and

(ii) whose application for assistance is denied, not acted upon with reasonable promptness,
or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly
paid;

(2) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under chapter 260E is denied or not acted
upon with reasonable promptness, regardless of funding source;

(3) any person to whom a right of appeal according to this section is given by other
provision of law;new text begin and
new text end

deleted text begin (4) except as provided under chapter 142B, an individual or facility determined to have
maltreated a minor under chapter 260E, after the individual or facility has exercised the
right to administrative reconsideration under chapter 260E;
deleted text end

deleted text begin (5) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; of a preponderance of the evidence that
the individual has committed an act or acts that meet the definition of any of the crimes
listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under
section 260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) and a disqualification under this clause in which the basis
for a disqualification is serious or recurring maltreatment shall be consolidated into a single
fair hearing. In such cases, the scope of review by the children, youth, and families judge
shall include both the maltreatment determination and the disqualification. The failure to
exercise the right to an administrative reconsideration shall not be a bar to a hearing under
this section if federal law provides an individual the right to a hearing to dispute a finding
of maltreatment; and
deleted text end

deleted text begin (6)deleted text end new text begin (4)new text end any person with an outstanding debt resulting from receipt of public assistance
or the federal Food and Nutrition Act who is contesting a setoff claim by the commissioner
of children, youth, and families or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt.

deleted text begin (b) The hearing for an individual or facility under paragraph (a), clause (4) or (5), is the
only administrative appeal to the final agency determination specifically, including a
challenge to the accuracy and completeness of data under section 13.04. A hearing for an
individual or facility under paragraph (a), clause (4) or (5), is only available when there is
no district court action pending. If such action is filed in district court while an administrative
review is pending that arises out of some or all of the events or circumstances on which the
appeal is based, the administrative review must be suspended until the judicial actions are
completed. If the district court proceedings are completed, dismissed, or overturned, the
matter may be considered in an administrative hearing.
deleted text end

deleted text begin (c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.
deleted text end

deleted text begin (d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (2), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.
deleted text end

deleted text begin (e) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.
deleted text end

deleted text begin (f) The commissioner may summarily affirm the county or state agency's proposed action
without a hearing when the sole issue is an automatic change due to a change in state or
federal law.
deleted text end

deleted text begin (g) Unless federal or Minnesota law specifies a different time frame in which to file an
appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 142A.21, subdivision
13
, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.
deleted text end

Sec. 19.

Laws 2024, chapter 80, article 1, section 38, subdivision 5, is amended to read:


Subd. 5.

Orders of the commissioner of children, youth, and families.

(a) A state
deleted text begin children, youth, and familiesdeleted text end new text begin human servicesnew text end judge shall conduct a hearing on deleted text begin thedeleted text end new text begin annew text end appealnew text begin
of a matter listed in subdivision 2
new text end and shall recommend an order to the commissioner of
children, youth, and families. The recommended order must be based on all relevant evidence
and must not be limited to a review of the propriety of the state or county agency's action.
A deleted text begin children, youth, and familiesdeleted text end new text begin state human servicesnew text end judge may take official notice of
adjudicative facts. The commissioner of children, youth, and families may accept the
recommended order of a state deleted text begin children, youth, and familiesdeleted text end new text begin human servicesnew text end judge and issue
the order to the county agency and the applicant, recipient, or former recipient. If the
commissioner refuses to accept the recommended order of the state deleted text begin children, youth, and
families
deleted text end new text begin human servicesnew text end judge, the commissioner shall notify the petitioner or the agency
of the commissioner's refusal and shall state reasons for the refusal. The commissioner shall
allow each party ten days' time to submit additional written argument on the matter. After
the expiration of the ten-day period, the commissioner shall issue an order on the matter to
the petitioner and the agency.

(b) A party aggrieved by an order of the commissioner may appeal under subdivision deleted text begin 7deleted text end new text begin
5
new text end or request reconsideration by the commissioner within 30 days after the date the
commissioner issues the order. The commissioner may reconsider an order upon request of
any party or on the commissioner's own motion. A request for reconsideration does not stay
implementation of the commissioner's order. The person seeking reconsideration has the
burden to demonstrate why the matter should be reconsidered. The request for reconsideration
may include legal argument and proposed additional evidence supporting the request. If
proposed additional evidence is submitted, the person must explain why the proposed
additional evidence was not provided at the time of the hearing. If reconsideration is granted,
the other participants must be sent a copy of all material submitted in support of the request
for reconsideration and must be given ten days to respond. Upon reconsideration, the
commissioner may issue an amended order or an order affirming the original order.

(c) Any order of the commissioner issued under this subdivision shall be conclusive
upon the parties unless appeal is taken in the manner provided by subdivision deleted text begin 7deleted text end new text begin 5new text end . Any order
of the commissioner is binding on the parties and must be implemented by the state agency
or a county agency until the order is reversed by the district court or unless the commissioner
or a district court orders monthly assistance or aid or services paid or provided under
subdivision deleted text begin 10deleted text end new text begin 8new text end .

(d) A vendor under contract with a county agency to provide social services is not a
party and may not request a hearing or seek judicial review of an order issued under this
section, unless assisting a recipient as provided innew text begin section 256.045,new text end subdivision 4.

Sec. 20.

Laws 2024, chapter 80, article 1, section 38, subdivision 6, is amended to read:


Subd. 6.

Additional powers of commissioner; subpoenas.

(a) The commissioner may
initiate a review of any action or decision of a county agency and direct that the matter be
presented to a state deleted text begin children, youth, and familiesdeleted text end new text begin human servicesnew text end judge for a hearing held
under subdivision 2 or deleted text begin 3deleted text end new text begin section 256.045,new text end new text begin subdivision 3bnew text end . In all matters dealing with children,
youth, and families committed by law to the discretion of the county agency, the
commissioner's judgment may be substituted for that of the county agency. The commissioner
may order an independent examination when appropriate.

(b) Any party to a hearing held pursuant to subdivision 2 or deleted text begin 3deleted text end new text begin section 256.045, subdivision
3b,
new text end may request that the commissioner issue a subpoena to compel the attendance of witnesses
and the production of records at the hearing. A local agency may request that the
commissioner issue a subpoena to compel the release of information from third parties prior
to a request for a hearing under section 142A.21 upon a showing of relevance to such a
proceeding. The issuance, service, and enforcement of subpoenas under this subdivision is
governed by section 357.22 and the Minnesota Rules of Civil Procedure.

deleted text begin (c) The commissioner may issue a temporary order staying a proposed demission by a
residential facility licensed under chapter 142B:
deleted text end

deleted text begin (1) while an appeal by a recipient under subdivision 3 is pending; or
deleted text end

deleted text begin (2) for the period of time necessary for the case management provider to implement the
commissioner's order.
deleted text end

Sec. 21.

Laws 2024, chapter 80, article 1, section 38, subdivision 7, is amended to read:


Subd. 7.

Judicial review.

Any party who is aggrieved by an order of the commissioner
of children, youth, and families may appeal the order to the district court of the county
responsible for furnishing assistance, or, in appeals undernew text begin section 256.045,new text end subdivision deleted text begin 3deleted text end new text begin
3b
new text end , the county where the maltreatment occurred, by serving a written copy of a notice of
appeal upon the commissioner and any adverse party of record within 30 days after the date
the commissioner issued the order, the amended order, or order affirming the original order,
and by filing the original notice and proof of service with the court administrator of the
district court. Service may be made personally or by mail; service by mail is complete upon
mailing. The court administrator shall not require a filing fee in appeals taken pursuant to
this subdivision, except for appeals taken undernew text begin section 256.045,new text end subdivision deleted text begin 3deleted text end new text begin 3bnew text end . The
commissioner may elect to become a party to the proceedings in the district court. Except
for appeals undernew text begin section 256.045,new text end subdivision deleted text begin 3deleted text end new text begin 3bnew text end , any party may demand that the
commissioner furnish all parties to the proceedings with a copy of the decision, and a
transcript of any testimony, evidence, or other supporting papers from the hearing held
before the deleted text begin children, youth, and familiesdeleted text end new text begin state human servicesnew text end judge, by serving a written
demand upon the commissioner within 30 days after service of the notice of appeal. Any
party aggrieved by the failure of an adverse party to obey an order issued by the commissioner
under subdivision 5 may compel performance according to the order in the manner prescribed
in sections 586.01 to 586.12.

Sec. 22.

Laws 2024, chapter 80, article 1, section 38, subdivision 9, is amended to read:


Subd. 9.

Appeal.

Any party aggrieved by the order of the district court may appeal the
order as in other civil cases. Except for appeals undernew text begin section 256.045,new text end subdivision deleted text begin 3deleted text end new text begin 3bnew text end ,
no costs or disbursements shall be taxed against any party nor shall any filing fee or bond
be required of any party.

Sec. 23.

Laws 2024, chapter 80, article 1, section 96, is amended to read:


Sec. 96. REVISOR INSTRUCTION.

The revisor of statutes must renumber sections or subdivisions in Column A as Column
B.

Column A
Column B
256.01, subdivision 12
142A.03, subdivision 7
256.01, subdivision 12a
142A.03, subdivision 8
256.01, subdivision 15
142A.03, subdivision 10
256.01, subdivision 36
142A.03, subdivision 22
256.0112, subdivision 10
142A.07, subdivision 8
256.019, subdivision 2
142A.28, subdivision 2
256.4793
142A.45
256.4794
142A.451
256.82
142A.418
256.9831
142A.13, subdivision 14
256.9862, subdivision 1
142A.13, subdivision 10
256.9862, subdivision 2
142A.13, subdivision 11
256.9863
142A.13, subdivision 5
256.9865, subdivision 1
142A.13, subdivision 6
256.9865, subdivision 2
142A.13, subdivision 7
256.9865, subdivision 3
142A.13, subdivision 8
256.9865, subdivision 4
142A.13, subdivision 9
256.987, subdivision 2
142A.13, subdivision 2
256.987, subdivision 3
142A.13, subdivision 3
256.987, subdivision 4
142A.13, subdivision 4
256.9871
142A.13, subdivision 12
256.9872
142A.13, subdivision 13
256.997
142A.30
256.998
142A.29
256B.06, subdivision 6
142A.40
256E.20
142A.41
256E.21
142A.411
256E.22
142A.412
256E.24
142A.413
256E.25
142A.414
256E.26
142A.415
256E.27
142A.416
256E.28
142A.417
new text begin 256E.38
new text end
new text begin 142A.42
new text end
256N.001
142A.60
256N.01
142A.601
256N.02
142A.602
256N.20
142A.603
256N.21
142A.604
256N.22
142A.605
256N.23
142A.606
256N.24
142A.607
256N.25
142A.608
256N.26
142A.609
256N.261
142A.61
256N.27
142A.611
256N.28
142A.612
new text begin 257.85
new text end
new text begin 142A.65
new text end
257.175
142A.03, subdivision 32
257.33, subdivision 1
142A.03, subdivision 33
257.33, subdivision 2
142A.03, subdivision 34
260.014
142A.452
299A.72
142A.75
299A.73
142A.43
299A.95
142A.76

The revisor of statutes must correct any statutory cross-references consistent with this
renumbering.

Sec. 24.

Laws 2024, chapter 80, article 4, section 26, is amended to read:


Sec. 26. REVISOR INSTRUCTION.

(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering. The revisor shall also make any
technical, language, and other changes necessitated by the renumbering and cross-reference
changes in this act.

Column A
Column B
119A.50
142D.12
119A.52
142D.121
119A.53
142D.122
119A.535
142D.123
119A.5411
142D.124
119A.545
142D.125
119B.195
142D.30
119B.196
142D.24
119B.25
142D.20
119B.251
142D.31
119B.252
142D.32
119B.27
142D.21
119B.28
142D.22
119B.29
142D.23
121A.16
142D.09
121A.17
142D.091
121A.18
142D.092
121A.19
142D.093
new text begin 122A.731
new text end
new text begin 142D.33
new text end
124D.13
142D.10
124D.135
142D.11
124D.141
142D.16
124D.142
142D.13
124D.15
142D.05
124D.151
142D.08
124D.16
142D.06
124D.165
142D.25
124D.2211
142D.14
124D.23
142D.15

(b) The revisor of statutes shall codify Laws 2017, First Special Session chapter 5, article
8, section 9, as amended by article 4, section 25, as Minnesota Statutes, section 142D.07.

(c) The revisor of statutes shall change "commissioner of education" to "commissioner
of children, youth, and families" and change "Department of Education" to "Department of
Children, Youth, and Families" as necessary in Minnesota Statutes, chapters 119A and 120
to 129C, to reflect the changes in this act and Laws 2023, chapter 70, article 12. The revisor
shall also make any technical, language, and other changes resulting from the change of
term to the statutory language, sentence structure, or both, if necessary to preserve the
meaning of the text.

Sec. 25.

Laws 2024, chapter 80, article 6, section 4, is amended to read:


Sec. 4. REVISOR INSTRUCTION.

(a) The revisor of statutes must renumber each section of Minnesota Statutes in Column
A with the number in Column B.

Column A
Column B
245.771
142F.05
256D.60
142F.10
256D.61
142F.11
256D.62
142F.101
256D.63
142F.102
256D.64
142F.13
256D.65
142F.12
256E.30
142F.30
256E.31
142F.301
256E.32
142F.302
256E.34
142F.14
new text begin 256E.342
new text end
new text begin 142F.15
new text end
256E.35
142F.20

(b) The revisor of statutes must correct any statutory cross-references consistent with
this renumbering.

Sec. 26. new text begin DIRECTION TO THE COMMISSIONER OF CHILDREN, YOUTH, AND
FAMILIES; COORDINATION OF SERVICES FOR CHILDREN WITH
DISABILITIES AND MENTAL HEALTH.
new text end

new text begin The commissioner of children, youth, and families shall designate a department leader
to be responsible for coordination of services and outcomes around children's mental health
and for children with or at risk for disabilities within and between the Department of Children,
Youth, and Families; the Department of Human Services; and related agencies.
new text end

Sec. 27. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must correct any statutory cross-references consistent with this
act.
new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 245.975, subdivision 8, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Laws 2024, chapter 80, article 1, sections 38, subdivisions 3, 4, and 11; 39; and 43,
subdivision 2; and Laws 2024, chapter 80, article 7, sections 3; and 9,
new text end new text begin are repealed.
new text end

ARTICLE 6

APPROPRIATIONS

Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2023, chapter 70, article 20, to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund or other 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 addition to or
subtraction from the appropriation listed under them is available for the fiscal year ending
June 30, 2024, or June 30, 2025, respectively. Base adjustments mean the addition to or
subtraction from the base level adjustment set in Laws 2023, chapter 70, article 20.
Supplemental appropriations and reductions to appropriations for the fiscal year ending
June 30, 2024, are effective the day following final enactment unless a different effective
date is explicit.
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
SERVICES
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 2,193,000
new text end
new text begin $
new text end
new text begin 29,884,000
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 2,193,000
new text end
new text begin 29,884,000
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 Central Office; Operations
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin (405,000)
new text end
new text begin 12,872,000
new text end
new text begin TANF
new text end
new text begin (990,000)
new text end
new text begin (1,094,000)
new text end

new text begin (a) Child welfare technology system.
$8,657,000 in fiscal year 2025 is for
information technology improvements to the
statewide child welfare information system.
This is a onetime appropriation and is
available until June 30, 2026.
new text end

new text begin (b) Base level adjustment. The general fund
base is increased by $4,411,000 in fiscal year
2026 and by $4,411,000 in fiscal year 2027.
The TANF base is decreased by $1,094,000
in fiscal year 2026 and by $1,094,000 in fiscal
year 2027.
new text end

new text begin Subd. 3. new text end

new text begin Central Office; Children and Families
new text end

new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 2,598,000
new text end
new text begin 6,467,000
new text end
new text begin TANF
new text end
new text begin 990,000
new text end
new text begin 1,094,000
new text end

new text begin (a) Child maltreatment reporting review.
$200,000 in fiscal year 2025 is to conduct a
review of child maltreatment reporting
processes and systems in various states,
evaluate the costs and benefits of each
reviewed state's system, and submit a report
to the legislature with recommendations. This
is a onetime appropriation.
new text end

new text begin (b) Child welfare fiscal analysis. $250,000
in fiscal year 2025 is for a contract with a
third-party consultant to conduct an
independent fiscal analysis of the child welfare
system in Minnesota. This is a onetime
appropriation and is available until June 30,
2026.
new text end

new text begin (c) Pregnant and parenting homeless youth
study.
$150,000 in fiscal year 2025 is for a
contract with the Wilder Foundation to
conduct a study of pregnant and parenting
homeless youth. This is a onetime
appropriation.
new text end

new text begin (d) Needs analysis for LGBTQIA+ youth
experiencing homelessness.
$150,000 in
fiscal year 2025 is for a contract to conduct a
needs analysis and a site analysis for
emergency shelter serving LGBTQIA+ youth
experiencing homelessness. This is a onetime
appropriation and is available until June 30,
2026.
new text end

new text begin (e) Base level adjustment. The general fund
base is increased by $5,208,000 in fiscal year
2026 and by $5,208,000 in fiscal year 2027.
The TANF base is increased by $1,094,000
in fiscal year 2026 and by $1,094,000 in fiscal
year 2027.
new text end

new text begin Subd. 4. new text end

new text begin Grant Programs; Child Care
Development Grants
new text end

new text begin -0-
new text end
new text begin 360,000
new text end

new text begin Child development associate credential
coursework.
$360,000 in fiscal year 2025 is
for distribution to child care resource and
referral programs to coordinate professional
development opportunities for child care
providers under Minnesota Statutes, section
119B.19, subdivision 7, clause (5), for training
related to obtaining a child development
associate credential. This is a onetime
appropriation and is available through June
30, 2026.
new text end

new text begin Subd. 5. new text end

new text begin Grant Programs; Children's Services
Grants
new text end

new text begin -0-
new text end
new text begin 760,000
new text end

new text begin new text begin Preventing nonrelative foster care
placement grants.
new text end
$760,000 in fiscal year
2025 is for preventing nonrelative foster care
placement grants. This is a onetime
appropriation and is available until June 30,
2028.
new text end

new text begin Subd. 6. new text end

new text begin Grant Programs; Child and Community
Service Grants
new text end

new text begin -0-
new text end
new text begin (2,704,000)
new text end

new text begin Subd. 7. new text end

new text begin Grant Programs; Children and
Economic Support Grants
new text end

new text begin -0-
new text end
new text begin 9,111,000
new text end

new text begin (a) American Indian food sovereignty
funding program.
$1,000,000 in fiscal year
2025 is for the American Indian food
sovereignty funding program under Minnesota
Statutes, section 256E.342. This is a onetime
appropriation and is available until June 30,
2026.
new text end

new text begin (b) Minnesota food bank funding.
$2,000,000 in fiscal year 2025 is for
Minnesota's regional food banks that the
commissioner contracts with for the purposes
of the emergency food assistance program
(TEFAP). The commissioner shall distribute
funding under this paragraph in accordance
with the federal TEFAP formula and
guidelines of the United States Department of
Agriculture. Funding must be used by all
regional food banks to purchase food that will
be distributed free of charge to TEFAP partner
agencies. Funding must also cover the
handling and delivery fees typically paid by
food shelves to food banks to ensure that costs
associated with funding under this paragraph
are not incurred at the local level. This is a
onetime appropriation.
new text end

new text begin (c) Minnesota food shelf program.
$2,000,000 in fiscal year 2025 is for the
Minnesota food shelf program under
Minnesota Statutes, section 256E.34. This is
a onetime appropriation.
new text end

new text begin (d) Emergency services program. $4,000,000
in fiscal year 2025 is for emergency services
grants under Minnesota Statutes, section
256E.36. The commissioner must distribute
grants under this paragraph to entities that
received an emergency services grant award
for fiscal years 2024 and 2025 and have
emerging, critical, and immediate
homelessness response needs that have arisen
since receiving the award, including: (1) the
need to support overnight emergency shelter
capacity or daytime service capacity that has
a demonstrated and significant increase in the
number of persons served in fiscal year 2024
compared to fiscal year 2023; and (2) the need
to maintain existing overnight emergency
shelter bed capacity or daytime service
capacity that has a demonstrated and
significant risk of closure before April 30,
2025. This is a onetime appropriation and is
available until June 30, 2027.
new text end

new text begin (e) Base level adjustment. The general fund
base is reduced by $2,593,000 in fiscal year
2026 and by $2,593,000 in fiscal year 2027.
new text end

new text begin Subd. 8. new text end

new text begin Fraud Prevention Grants
new text end

new text begin -0-
new text end
new text begin 3,018,000
new text end

new text begin Base level adjustment.The general fund base
is increased by $3,018,000 in fiscal year 2026
and by $3,018,000 in fiscal year 2027.
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. 3. new text begin DEPARTMENT OF EDUCATION
new text end

new text begin $
new text end
new text begin 1,822,000
new text end
new text begin $
new text end
new text begin 1,715,000
new text end

new text begin (a) Summer EBT. $1,822,000 in fiscal year
2024 and $1,542,000 in fiscal year 2025 are
for administration of the summer electronic
benefits transfer program under Public Law
117-328. The base for this appropriation is
$572,000 in fiscal year 2026 and $572,000 in
fiscal year 2027.
new text end

new text begin (b) Operating adjustment due to DCYF
transition.
$173,000 in fiscal year 2025 is for
the agency to maintain current levels of service
after the transition of staff and resources to
the Department of Children, Youth, and
Families. The base for this appropriation is
$345,000 in fiscal year 2026 and $345,000 in
fiscal year 2027.
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. 4. new text begin COMMISSIONER OF CHILDREN,
YOUTH, AND FAMILIES
new text end

new text begin $
new text end
new text begin 0
new text end
new text begin $
new text end
new text begin 3,279,000
new text end

new text begin new text begin Base level adjustment.new text end The general fund base
is increased by $7,183,000 in fiscal year 2026
and $6,833,000 in fiscal year 2027.
new text end

Sec. 5. new text begin OFFICE OF THE FAMILY CHILD
CARE OMBUDSPERSON
new text end

new text begin $
new text end
new text begin 0
new text end
new text begin $
new text end
new text begin 350,000
new text end

new text begin This is a onetime appropriation.
new text end

Sec. 6. new text begin SUPREME COURT
new text end

new text begin $
new text end
new text begin 0
new text end
new text begin $
new text end
new text begin 800,000
new text end

new text begin new text begin Supreme Court Council on Child
Protection.
new text end
$800,000 in fiscal year 2025 is
for the establishment and administration of
the Supreme Court Council on Child
Protection. This is a onetime appropriation
and is available until June 30, 2026.
new text end

Sec. 7.

Laws 2023, chapter 70, article 20, section 2, subdivision 22, is amended to read:


Subd. 22.

Grant Programs; Children's Services
Grants

Appropriations by Fund
General
86,212,000
85,063,000
Federal TANF
140,000
140,000

(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.

(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 from the general fund for the
Mille Lacs Band of Ojibwe to join the
American Indian child welfare initiative. The
base for this appropriation is $7,893,000 in
fiscal year 2026 and $7,893,000 in fiscal year
2027.

(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 from the general fund for the
Leech Lake Band of Ojibwe to participate in
the American Indian child welfare initiative.

(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 from the general fund for the
Red Lake Band of Chippewa to participate in
the American Indian child welfare initiative.

(e) White Earth Nation American Indian
child welfare initiative.
$3,776,000 in fiscal
year 2024 and $3,776,000 in fiscal year 2025
are from the general fund for the White Earth
Nation to participate in the American Indian
child welfare initiative.

(f) Indian Child welfare grants. $4,405,000
in fiscal year 2024 and $4,405,000 in fiscal
year 2025 are from the general fund for Indian
child welfare grants under Minnesota Statutes,
section 260.785. The base for this
appropriation is $4,640,000 in fiscal year 2026
and $4,640,000 in fiscal year 2027.

(g) Child welfare staff allocation for Tribes.
$799,000 in fiscal year 2024 and $799,000 in
fiscal year 2025 are from the general fund for
grants to Tribes for child welfare staffing
under Minnesota Statutes, section 260.786.

(h) Grants for kinship navigator services.
$764,000 in fiscal year 2024 and $764,000 in
fiscal year 2025 are from the general fund for
grants for kinship navigator services and
grants to Tribal Nations for kinship navigator
services under Minnesota Statutes, section
256.4794. The base for this appropriation is
$506,000 in fiscal year 2026 and $507,000 in
fiscal year 2027.

(i) Family first prevention and early
intervention assessment response grants.
$4,000,000 in fiscal year 2024 and $6,112,000
in fiscal year 2025 are from the general fund
for family assessment response grants under
Minnesota Statutes, section 260.014. The base
for this appropriation is $6,000,000 in fiscal
year 2026 and $6,000,000 in fiscal year 2027.

(j) Grants for evidence-based prevention
and early intervention services.
$4,329,000
in fiscal year 2024 and $4,100,000 in fiscal
year 2025 are from the general fund for grants
to support evidence-based prevention and early
intervention services under Minnesota
Statutes, section 256.4793.

(k) Grant to administer pool of qualified
individuals for assessments.
$250,000 in
fiscal year 2024 and $250,000 in fiscal year
2025 are from the general fund for grants to
establish and manage a pool of state-funded
qualified individuals to conduct assessments
for out-of-home placement of a child in a
qualified residential treatment program.

(l) Quality parenting initiative grant
program.
$100,000 in fiscal year 2024 and
$100,000 in fiscal year 2025 are from the
general fund for a grant to Quality Parenting
Initiative Minnesota under Minnesota Statutes,
section 245.0962.

(m) STAY in the community grants.
$1,579,000 in fiscal year 2024 and $2,247,000
in fiscal year 2025 are from the general fund
for the STAY in the community program
under Minnesota Statutes, section 260C.452.
This is a onetime appropriation and is
available until June 30, 2027.

(n) Grants for community resource centers.
$5,657,000 in fiscal year 2024 is from the
general fund for grants to establish a network
of community resource centers. This is a
onetime appropriation and is available until
June 30, 2027.

deleted text begin (o) Family assets for independence in
Minnesota.
$1,405,000 in fiscal year 2024
and $1,391,000 in fiscal year 2025 are from
the general fund for the family assets for
independence in Minnesota program, under
Minnesota Statutes, section 256E.35. This is
a onetime appropriation and is available until
June 30, 2027.
deleted text end

deleted text begin (p)deleted text end new text begin (o)new text end Base level adjustment. The general
fund base is $85,280,000 in fiscal year 2026
and $85,281,000 in fiscal year 2027.

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.

Laws 2023, chapter 70, article 20, section 2, subdivision 24, is amended to read:


Subd. 24.

Grant Programs; Children and
Economic Support Grants

212,877,000
78,333,000

(a) Fraud prevention initiative start-up
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.

(b) American Indian food sovereignty
funding program.
$3,000,000 in fiscal year
2024 and $3,000,000 in fiscal year 2025 are
for Minnesota Statutes, section 256E.342. This
appropriation is available until June 30, 2025.
The base for this appropriation is $2,000,000
in fiscal year 2026 and $2,000,000 in fiscal
year 2027.

(c) Hennepin County grants to provide
services to people experiencing
homelessness.
$11,432,000 in fiscal year 2024
is for grants to maintain capacity for shelters
and services provided to persons experiencing
homelessness in Hennepin County. Of this
amount:

(1) $4,500,000 is for a grant to Avivo Village;

(2) $2,000,000 is for a grant to the American
Indian Community Development Corporation
Homeward Bound shelter;

(3) $1,650,000 is for a grant to the Salvation
Army Harbor Lights shelter;

(4) $500,000 is for a grant to Agate Housing
and Services;

(5) $1,400,000 is for a grant to Catholic
Charities of St. Paul and Minneapolis;

(6) $450,000 is for a grant to Simpson
Housing; and

(7) $932,000 is for a grant to Hennepin
County.

Nothing shall preclude an eligible organization
receiving funding under this paragraph from
applying for and receiving funding under
Minnesota Statutes, section 256E.33, 256E.36,
256K.45, or 256K.47, nor does receiving
funding under this paragraph count against
any eligible organization in the competitive
processes related to those grant programs
under Minnesota Statutes, section 256E.33,
256E.36, 256K.45, or 256K.47.

(d) Diaper distribution grant program.
$545,000 in fiscal year 2024 and $553,000 in
fiscal year 2025 are for a grant to the Diaper
Bank of Minnesota under Minnesota Statutes,
section 256E.38.

(e) Prepared meals food relief. $1,654,000
in fiscal year 2024 and $1,638,000 in fiscal
year 2025 are for prepared meals food relief
grants. This is a onetime appropriation.

(f) Emergency shelter facilities. $98,456,000
in fiscal year 2024 is for grants to eligible
applicants for emergency shelter facilities.
This is a onetime appropriation and is
available until June 30, 2028.

(g) Homeless youth cash stipend pilot
project.
$5,302,000 in fiscal year 2024 is for
a grant to Youthprise for the homeless youth
cash stipend pilot project. The grant must be
used to provide cash stipends to homeless
youth, provide cash incentives for stipend
recipients to participate in periodic surveys,
provide youth-designed optional services, and
complete a legislative report. This is a onetime
appropriation and is available until June 30,
deleted text begin 2028deleted text end new text begin 2027new text end .

(h) Heading Home Ramsey County
continuum of care grants.
$11,432,000 in
fiscal year 2024 is for grants to maintain
capacity for shelters and services provided to
people experiencing homelessness in Ramsey
County. Of this amount:

(1) $2,286,000 is for a grant to Catholic
Charities of St. Paul and Minneapolis;

(2) $1,498,000 is for a grant to More Doors;

(3) $1,734,000 is for a grant to Interfaith
Action Project Home;

(4) $2,248,000 is for a grant to Ramsey
County;

(5) $689,000 is for a grant to Radias Health;

(6) $493,000 is for a grant to The Listening
House;

(7) $512,000 is for a grant to Face to Face;
and

(8) $1,972,000 is for a grant to the city of St.
Paul.

Nothing shall preclude an eligible organization
receiving funding under this paragraph from
applying for and receiving funding under
Minnesota Statutes, section 256E.33, 256E.36,
256K.45, or 256K.47, nor does receiving
funding under this paragraph count against
any eligible organization in the competitive
processes related to those grant programs
under Minnesota Statutes, section 256E.33,
256E.36, 256K.45, or 256K.47.

(i) Capital for emergency food distribution
facilities.
$7,000,000 in fiscal year 2024 is for
improving and expanding the infrastructure
of food shelf facilities. Grant money must 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.

(j) Emergency services program grants.
$15,250,000 in fiscal year 2024 and
$14,750,000 in fiscal year 2025 are for
emergency services grants under Minnesota
Statutes, section 256E.36. Any unexpended
amount in the first year does not cancel and
is available in the second year. The base for
this appropriation is $25,000,000 in fiscal year
2026 and $30,000,000 in fiscal year 2027.

(k) Homeless Youth Act grants. $15,136,000
in fiscal year 2024 and $15,136,000 in fiscal
year 2025 are for grants under Minnesota
Statutes, section 256K.45, subdivision 1. Any
unexpended amount in the first year does not
cancel and is available in the second year.

(l) 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. Any unexpended amount in the first
year does not cancel and is available in the
second year.

(m) Safe harbor shelter and housing grants.
$2,125,000 in fiscal year 2024 and $2,125,000
in fiscal year 2025 are for grants under
Minnesota Statutes, section 256K.47. Any
unexpended amount in the first year does not
cancel and is available in the second year. The
base for this appropriation is $1,250,000 in
fiscal year 2026 and $1,250,000 in fiscal year
2027.

(n) Supplemental nutrition assistance
program (SNAP) outreach.
$1,000,000 in
fiscal year 2024 and $1,000,000 in fiscal year
2025 are for the SNAP outreach program
under Minnesota Statutes, section 256D.65.
The base for this appropriation is $500,000 in
fiscal year 2026 and $500,000 in fiscal year
2027.

(o) Base level adjustment. The general fund
base is $83,179,000 in fiscal year 2026 and
$88,179,000 in fiscal year 2027.

new text begin (p) Minnesota food assistance program.
Unexpended funds for the Minnesota food
assistance program under Minnesota Statutes,
section 256D.64, for fiscal year 2024 are
available until June 30, 2025.
new text end

new text begin (q) Family assets for independence in
Minnesota.
$1,405,000 in fiscal year 2024
and $1,391,000 in fiscal year 2025 are from
the general fund for the family assets for
independence in Minnesota program under
Minnesota Statutes, section 256E.35. This is
a onetime appropriation and is available under
June 30, 2027.
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. 9.

Laws 2023, chapter 70, article 20, section 23, is amended to read:


Sec. 23. TRANSFERS.

Subdivision 1.

Grants.

The commissioner of human servicesnew text begin and commissioner of
children, youth, and families
new text end , with the approval of the commissioner of management and
budget, may transfer unencumbered appropriation balances for the biennium ending June
30, 2025, within fiscal years among MFIP; general assistance; medical assistance;
MinnesotaCare; MFIP child care assistance under Minnesota Statutes, section 119B.05;
Minnesota supplemental aid program; housing support program; the entitlement portion of
Northstar Care for Children under Minnesota Statutes, chapter 256N; and the entitlement
portion of the behavioral health fund between fiscal years of the biennium. The commissioner
shall report to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services quarterly about transfers made under this
subdivision.

Subd. 2.

Administration.

Positions, salary money, and nonsalary administrative money
may be transferred withinnew text begin and betweennew text end the Department of Human Servicesnew text begin and Department
of Children, Youth, and Families
new text end as the commissioners consider necessary, with the advance
approval of the commissioner of management and budget. The commissioners shall report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services finance quarterly about transfers made under this section.

Sec. 10. new text begin DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES FEDERAL
REIMBURSEMENT.
new text end

new text begin Minnesota Management and Budget shall reflect Department of Children, Youth, and
Families federal reimbursement costs as expenditure reductions in the general fund budgeted
fund balance as they would be reported in conformity with generally accepted accounting
principles.
new text end

Sec. 11. new text begin APPROPRIATIONS GIVEN EFFECT ONCE.
new text end

new text begin If an appropriation or transfer under this article is enacted more than once during the
2024 regular session, the appropriation or transfer must be given effect once.
new text end

Sec. 12. new text begin EXPIRATION OF UNCODIFIED LANGUAGE.
new text end

new text begin All uncodified language contained in this article expires on June 30, 2025, unless a
different expiration date is explicit.
new text end

APPENDIX

Repealed Minnesota Statutes: H2476-2

245.975 OMBUDSPERSON FOR FAMILY CHILD CARE PROVIDERS.

Subd. 8.

Office support.

The commissioner shall provide the ombudsperson with the necessary office space, supplies, equipment, and clerical support to effectively perform the duties under this section.

245A.065 CHILD CARE FIX-IT TICKET.

(a) In lieu of a correction order under section 245A.06, the commissioner shall issue a fix-it ticket to a family child care or child care center license holder if the commissioner finds that:

(1) the license holder has failed to comply with a requirement in this chapter or Minnesota Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it ticket;

(2) the violation does not imminently endanger the health, safety, or rights of the persons served by the program;

(3) the license holder did not receive a fix-it ticket or correction order for the violation at the license holder's last licensing inspection;

(4) the violation can be corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays; and

(5) the license holder corrects the violation at the time of inspection or agrees to correct the violation within 48 hours, excluding Saturdays, Sundays, and holidays.

(b) The fix-it ticket must state:

(1) the conditions that constitute a violation of the law or rule;

(2) the specific law or rule violated; and

(3) that the violation was corrected at the time of inspection or must be corrected within 48 hours, excluding Saturdays, Sundays, and holidays.

(c) The commissioner shall not publicly publish a fix-it ticket on the department's website.

(d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it ticket, the license holder must correct the violation and within one week submit evidence to the licensing agency that the violation was corrected.

(e) If the violation is not corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that the license holder corrected the violation, the commissioner must issue a correction order for the violation of Minnesota law or rule identified in the fix-it ticket according to section 245A.06.

256.01 COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES.

Subd. 12.

Child mortality review panel.

(a) The commissioner shall establish a child mortality review panel to review deaths of children in Minnesota, including deaths attributed to maltreatment or in which maltreatment may be a contributing cause and to review near fatalities as defined in section 260E.35. The commissioners of health, education, and public safety and the attorney general shall each designate a representative to the child mortality review panel. Other panel members shall be appointed by the commissioner, including a board-certified pathologist and a physician who is a coroner or a medical examiner. The purpose of the panel shall be to make recommendations to the state and to county agencies for improving the child protection system, including modifications in statute, rule, policy, and procedure.

(b) The commissioner may require a county agency to establish a local child mortality review panel. The commissioner may establish procedures for conducting local reviews and may require that all professionals with knowledge of a child mortality case participate in the local review. In this section, "professional" means a person licensed to perform or a person performing a specific service in the child protective service system. "Professional" includes law enforcement personnel, social service agency attorneys, educators, and social service, health care, and mental health care providers.

(c) If the commissioner of human services has reason to believe that a child's death was caused by maltreatment or that maltreatment was a contributing cause, the commissioner has access to not public data under chapter 13 maintained by state agencies, statewide systems, or political subdivisions that are related to the child's death or circumstances surrounding the care of the child. The commissioner shall also have access to records of private hospitals as necessary to carry out the duties prescribed by this section. Access to data under this paragraph is limited to police investigative data; autopsy records and coroner or medical examiner investigative data; hospital, public health, or other medical records of the child; hospital and other medical records of the child's parent that relate to prenatal care; and records created by social service agencies that provided services to the child or family within three years preceding the child's death. A state agency, statewide system, or political subdivision shall provide the data upon request of the commissioner. Not public data may be shared with members of the state or local child mortality review panel in connection with an individual case.

(d) Notwithstanding the data's classification in the possession of any other agency, data acquired by a local or state child mortality review panel in the exercise of its duties is protected nonpublic or confidential data as defined in section 13.02, but may be disclosed as necessary to carry out the purposes of the review panel. The data is not subject to subpoena or discovery. The commissioner may disclose conclusions of the review panel, but shall not disclose data that was classified as confidential or private data on decedents, under section 13.10, or private, confidential, or protected nonpublic data in the disseminating agency, except that the commissioner may disclose local social service agency data as provided in section 260E.35, on individual cases involving a fatality or near fatality of a person served by the local social service agency prior to the date of death.

(e) A person attending a child mortality review panel meeting shall not disclose what transpired at the meeting, except to carry out the purposes of the mortality review panel. The proceedings and records of the mortality review panel are protected nonpublic data as defined in section 13.02, subdivision 13, and are not subject to discovery or introduction into evidence in a civil or criminal action against a professional, the state or a county agency, arising out of the matters the panel is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were presented during proceedings of the review panel. A person who presented information before the review panel or who is a member of the panel shall not be prevented from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding a person shall not be questioned about the person's presentation of information to the review panel or opinions formed by the person as a result of the review meetings.

Subd. 12a.

Department of Human Services child fatality and near fatality review team.

(a) The commissioner shall establish a Department of Human Services child fatality and near fatality review team to review child fatalities and near fatalities due to child maltreatment and child fatalities and near fatalities that occur in licensed facilities and are not due to natural causes. The review team shall assess the entire child protection services process from the point of a mandated reporter reporting the alleged maltreatment through the ongoing case management process. Department staff shall lead and conduct on-site local reviews and utilize supervisors from local county and tribal child welfare agencies as peer reviewers. The review process must focus on critical elements of the case and on the involvement of the child and family with the county or tribal child welfare agency. The review team shall identify necessary program improvement planning to address any practice issues identified and training and technical assistance needs of the local agency. Summary reports of each review shall be provided to the state child mortality review panel when completed.

(b) A member of the child fatality and near fatality review team shall not disclose what transpired during the review, except to carry out the duties of the child fatality and near fatality review team. The proceedings and records of the child fatality and near fatality review team are protected nonpublic data as defined in section 13.02, subdivision 13, and are not subject to discovery or introduction into evidence in a civil or criminal action against a professional, the state, or a county agency arising out of the matters the team is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were assessed or presented during proceedings of the review team. A person who presented information before the review team or who is a member of the team shall not be prevented from testifying about matters within the person's knowledge. In a civil or criminal proceeding a person shall not be questioned about the person's presentation of information to the review team or opinions formed by the person as a result of the review.

Repealed Minnesota Session Laws: H2476-2

Laws 2024, chapter 80, article 1, section 38 Subdivisions 3, 4, 11,

Sec. 38.

new text begin [142A.20] ADMINISTRATIVE AND JUDICIAL REVIEW OF CHILDREN, YOUTH, AND FAMILIES MATTERS. new text end

new text begin Subd. 3. new text end

new text begin Standard of evidence for maltreatment and disqualification hearings. new text end

new text begin (a) The state children, youth, and families judge shall determine that maltreatment has occurred if a preponderance of evidence exists to support the final disposition under chapter 260E or section 626.557. For purposes of hearings regarding disqualification, the state children, youth, and families judge shall affirm the proposed disqualification in an appeal under subdivision 2, paragraph (a), clause (5), if a preponderance of the evidence shows the individual has: new text end

new text begin (1) committed maltreatment under section 626.557 or chapter 260E that is serious or recurring; new text end

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

new text begin (3) failed to make required reports under section 626.557 or chapter 260E, for incidents in which the final disposition under section 626.557 or chapter 260E was substantiated maltreatment that was serious or recurring. new text end

new text begin (b) If the disqualification is affirmed, the state children, youth, and families judge shall determine whether the individual poses a risk of harm in accordance with the requirements of section 245C.22, and whether the disqualification should be set aside or not set aside. In determining whether the disqualification should be set aside, the children, youth, and families judge shall consider all of the characteristics that cause the individual to be disqualified, including those characteristics that were not subject to review under paragraph (a), in order to determine whether the individual poses a risk of harm. A decision to set aside a disqualification that is the subject of the hearing constitutes a determination that the individual does not pose a risk of harm and that the individual may provide direct contact services in the individual program specified in the set aside. new text end

new text begin (c) If a disqualification is based solely on a conviction or is conclusive for any reason under section 245C.29, the disqualified individual does not have a right to a hearing under this section. new text end

new text begin (d) The state children, youth, and families judge shall recommend an order to the commissioner of health; education; children, youth, and families; or human services, as applicable, who shall issue a final order. The commissioner shall affirm, reverse, or modify the final disposition. Any order of the commissioner issued in accordance with this subdivision is conclusive upon the parties unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under chapters 142B and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the commissioner's determination as to maltreatment is conclusive, as provided under section 245C.29. new text end

new text begin Subd. 4. new text end

new text begin Conduct of hearings. new text end

new text begin (a) All hearings held pursuant to subdivision 2 or 3 shall be conducted according to the provisions of the federal Social Security Act and the regulations implemented in accordance with that act to enable this state to qualify for federal grants-in-aid and according to the rules and written policies of the commissioner. County agencies shall install equipment necessary to conduct telephone hearings. A state children, youth, and families judge may schedule a telephone conference hearing when the distance or time required to travel to the county agency offices will cause a delay in the issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings may be conducted by telephone conferences unless the applicant, recipient, former recipient, person, or facility contesting maltreatment objects. A children, youth, and families judge may grant a request for a hearing in person by holding the hearing by interactive video technology or in person. The children, youth, and families judge must hear the case in person if the person asserts that either the person or a witness has a physical or mental disability that would impair the person's or witness's ability to fully participate in a hearing held by interactive video technology. The hearing shall not be held earlier than five days after filing of the required notice with the county or state agency. The state children, youth, and families judge shall notify all interested persons of the time, date, and location of the hearing at least five days before the date of the hearing. Interested persons may be represented by legal counsel or other representative of their choice, including a provider of therapy services, at the hearing and may appear personally, testify and offer evidence, and examine and cross-examine witnesses. The applicant, recipient, former recipient, person, or facility contesting maltreatment shall have the opportunity to examine the contents of the case file and all documents and records to be used by the county or state agency at the hearing at a reasonable time before the date of the hearing and during the hearing. In hearings under subdivision 2, paragraph (a), clauses (4) and (5), either party may subpoena the private data relating to the investigation prepared by the agency under section 626.557 or chapter 260E that are not otherwise accessible under section 13.04, provided the identity of the reporter may not be disclosed. new text end

new text begin (b) The private data obtained by subpoena in a hearing under subdivision 2, paragraph (a), clause (2), must be subject to a protective order that prohibits its disclosure for any other purpose outside the hearing provided for in this section without prior order of the district court. Disclosure without court order is punishable by a sentence of not more than 90 days imprisonment or a fine of not more than $1,000, or both. These restrictions on the use of private data do not prohibit access to the data under section 13.03, subdivision 6. Except for appeals under subdivision 2, paragraph (a), clause (2), upon request, the county agency shall provide reimbursement for transportation, child care, photocopying, medical assessment, witness fee, and other necessary and reasonable costs incurred by the applicant, recipient, or former recipient in connection with the appeal. All evidence, except that privileged by law, commonly accepted by reasonable people in the conduct of their affairs as having probative value with respect to the issues, shall be submitted at the hearing and the hearing shall not be "a contested case" within the meaning of section 14.02, subdivision 3. The agency must present its evidence prior to or at the hearing and may not submit evidence after the hearing except by agreement of the parties at the hearing, provided the petitioner has the opportunity to respond. new text end

new text begin (c) In hearings under subdivision 2, paragraph (a), clauses (2) and (5), involving determinations of maltreatment or disqualification made by more than one county agency, by a county agency and a state agency, or by more than one state agency, the hearings may be consolidated into a single fair hearing upon the consent of all parties and the state children, youth, and families judge. new text end

new text begin Subd. 11. new text end

new text begin Interagency agreement with DHS. new text end

new text begin The commissioner of children, youth, and families may enter into an agreement with the commissioner of human services so that the commissioner of human services may conduct hearings and recommend and issue orders on behalf of the commissioner of children, youth, and families in accordance with this section. new text end

Laws 2024, chapter 80, article 1, section 39

Sec. 39.

new text begin [142A.21] HEARING PROCEDURES. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin (a) The requirements in this section apply to all fair hearings and appeals under section 142A.20, subdivision 2, paragraph (a), clauses (1), (2), (3), and (6). Except as provided in subdivisions 3 and 19, the requirements under this section apply to fair hearings and appeals under section 142A.20, subdivision 2, paragraph (a), clause (2). new text end

new text begin (b) For purposes of this section, "person" means an individual who, on behalf of themselves or their household, is appealing, disputing, or challenging an action, a decision, or a failure to act by an agency in the children, youth, and families system. When a person involved in a proceeding under this section is represented by an attorney or by an authorized representative, the term "person" also means the person's attorney or authorized representative. Any notice sent to the person involved in the hearing must also be sent to the person's attorney or authorized representative. new text end

new text begin (c) For purposes of this section, "agency" means the county human services agency, the Department of Children, Youth, and Families, and, where applicable, any entity involved under a contract, subcontract, grant, or subgrant with the state agency or with a county agency, that provides or operates programs or services in which appeals are governed by section 142A.20. new text end

new text begin Subd. 2. new text end

new text begin Access to files. new text end

new text begin A person involved in a fair hearing appeal has the right of access to the person's complete case files and to examine all private welfare data on the person that has been generated, collected, stored, or disseminated by the agency. A person involved in a fair hearing appeal has the right to a free copy of all documents in the case file involved in a fair hearing appeal. For purposes of this section, "case file" means the information, documents, and data, in whatever form, that have been generated, collected, stored, or disseminated by the agency in connection with the person and the program or service involved. new text end

new text begin Subd. 3. new text end

new text begin Agency appeal summary. new text end

new text begin (a) Except in fair hearings and appeals under section 142A.20, subdivision 2, paragraph (a), clauses (4) and (5), the agency involved in an appeal must prepare a state agency appeal summary for each fair hearing appeal. The state agency appeal summary shall be mailed or otherwise delivered to the person who is involved in the appeal at least three working days before the date of the hearing. The state agency appeal summary must also be mailed or otherwise delivered to the department's Appeals Office at least three working days before the date of the fair hearing appeal. new text end

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

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

new text begin Subd. 4. new text end

new text begin Enforcing access to files. new text end

new text begin A person involved in a fair hearing appeal may enforce the right of access to data and copies of the case file by making a request to the children, youth, and families judge. The children, youth, and families judge will make an appropriate order enforcing the person's rights under the Minnesota Government Data Practices Act, including but not limited to, ordering access to files, data, and documents; continuing a hearing to allow adequate time for access to data; or prohibiting use by the agency of files, data, or documents that have been generated, collected, stored, or disseminated without compliance with the Minnesota Government Data Practices Act and that have not been provided to the person involved in the appeal. new text end

new text begin Subd. 5. new text end

new text begin Prehearing conferences. new text end

new text begin (a) The children, youth, and families judge prior to a fair hearing appeal may hold a prehearing conference to further the interests of justice or efficiency and must include the person involved in the appeal. A person involved in a fair hearing appeal or the agency may request a prehearing conference. The prehearing conference may be conducted by telephone, in person, or in writing. The prehearing conference may address the following: new text end

new text begin (1) disputes regarding access to files, evidence, subpoenas, or testimony; new text end

new text begin (2) the time required for the hearing or any need for expedited procedures or decision; new text end

new text begin (3) identification or clarification of legal or other issues that may arise at the hearing; new text end

new text begin (4) identification of and possible agreement to factual issues; and new text end

new text begin (5) scheduling and any other matter that will aid in the proper and fair functioning of the hearing. new text end

new text begin (b) The children, youth, and families judge shall make a record or otherwise contemporaneously summarize the prehearing conference in writing, which shall be sent to both the person involved in the hearing, the person's attorney or authorized representative, and the agency. A children, youth, and families judge may make and issue rulings and orders while the appeal is pending. During the pendency of the appeal, these rulings and orders are not subject to a request for reconsideration or appeal. These rulings and orders are subject to review under subdivision 24 and section 142A.20, subdivision 7. new text end

new text begin Subd. 6. new text end

new text begin Appeal request for emergency assistance or urgent matter. new text end

new text begin (a) When an appeal involves an application for emergency assistance, the agency involved shall mail or otherwise deliver the state agency appeal summary to the department's Appeals Office within two working days of receiving the request for an appeal. A person may also request that a fair hearing be held on an emergency basis when the issue requires an immediate resolution. The children, youth, and families judge shall schedule the fair hearing on the earliest available date according to the urgency of the issue involved. Issuance of the recommended decision after an emergency hearing shall be expedited. new text end

new text begin (b) The commissioner shall issue a written decision within five working days of receiving the recommended decision, shall immediately inform the parties of the outcome by telephone, and shall mail the decision no later than two working days following the date of the decision. new text end

new text begin Subd. 7. new text end

new text begin Continuance, rescheduling, or adjourning a hearing. new text end

new text begin (a) A person involved in a fair hearing, or the agency, may request a continuance, a rescheduling, or an adjournment of a hearing for a reasonable period of time. The grounds for granting a request for a continuance, a rescheduling, or adjournment of a hearing include, but are not limited to, the following: new text end

new text begin (1) to reasonably accommodate the appearance of a witness; new text end

new text begin (2) to ensure that the person has adequate opportunity for preparation and for presentation of evidence and argument; new text end

new text begin (3) to ensure that the person or the agency has adequate opportunity to review, evaluate, and respond to new evidence, or where appropriate, to require that the person or agency review, evaluate, and respond to new evidence; new text end

new text begin (4) to permit the person involved and the agency to negotiate toward resolution of some or all of the issues where both agree that additional time is needed; new text end

new text begin (5) to permit the agency to reconsider a previous action or determination; new text end

new text begin (6) to permit or to require the performance of actions not previously taken; and new text end

new text begin (7) to provide additional time or to permit or require additional activity by the person or agency as the interests of fairness may require. new text end

new text begin (b) Requests for continuances or for rescheduling may be made orally or in writing. The person or agency requesting the continuance or rescheduling must first make reasonable efforts to contact the other participants in the hearing or their representatives and seek to obtain an agreement on the request. Requests for continuance or rescheduling should be made no later than three working days before the scheduled date of the hearing, unless there is a good cause as specified in subdivision 13. Granting a continuance or rescheduling may be conditioned upon a waiver by the requester of applicable time limits but should not cause unreasonable delay. new text end

new text begin Subd. 8. new text end

new text begin Subpoenas. new text end

new text begin (a) A person involved in a fair hearing or the agency may request a subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall be issued to require the attendance and the testimony of witnesses, and the production of evidence relating to any issue of fact in the appeal hearing. The request for a subpoena must show a need for the subpoena and the general relevance to the issues involved. The subpoena shall be issued in the name of the department and shall be served and enforced as provided in section 357.22 and the Minnesota Rules of Civil Procedure. new text end

new text begin (b) An individual or entity served with a subpoena may petition the children, youth, and families judge in writing to vacate or modify a subpoena. The children, youth, and families judge shall resolve such a petition in a prehearing conference involving all parties and shall make a written decision. A subpoena may be vacated or modified if the children, youth, and families judge determines that the testimony or evidence sought does not relate with reasonable directness to the issues of the fair hearing appeal; that the subpoena is unreasonable, over broad, or oppressive; that the evidence sought is repetitious or cumulative; or that the subpoena has not been served reasonably in advance of the time when the appeal hearing will be held. new text end

new text begin Subd. 9. new text end

new text begin No ex parte contact. new text end

new text begin The children, youth, and families judge shall not have ex parte contact on substantive issues with the agency or with any person or witness in a fair hearing appeal. No employee of the department or agency shall review, interfere with, change, or attempt to influence the recommended decision of the children, youth, and families judge in any fair hearing appeal, except through the procedure allowed in subdivision 18. The limitations in this subdivision do not affect the commissioner's authority to review or reconsider decisions or make final decisions. new text end

new text begin Subd. 10. new text end

new text begin Telephone or face-to-face hearing. new text end

new text begin A fair hearing appeal may be conducted by telephone, by other electronic media, or by an in-person, face-to-face hearing. At the request of the person involved in a fair hearing appeal or their representative, a face-to-face hearing shall be conducted with all participants personally present before the children, youth, and families judge. new text end

new text begin Subd. 11. new text end

new text begin Hearing facilities and equipment. new text end

new text begin The children, youth, and families judge shall conduct the hearing in the county where the person involved resides, unless an alternate location is mutually agreed upon before the hearing, or unless the person has agreed to a hearing by telephone. Hearings under section 142A.20, subdivision 2, paragraph (a), clauses (4) and (5), must be conducted in the county where the determination was made, unless an alternate location is mutually agreed upon before the hearing. The hearing room shall be of sufficient size and layout to adequately accommodate both the number of individuals participating in the hearing and any identified special needs of any individual participating in the hearing. The children, youth, and families judge shall ensure that all communication and recording equipment that is necessary to conduct the hearing and to create an adequate record is present and functioning properly. If any necessary communication or recording equipment fails or ceases to operate effectively, the children, youth, and families judge shall take any steps necessary, including stopping or adjourning the hearing, until the necessary equipment is present and functioning properly. All reasonable efforts shall be undertaken to prevent and avoid any delay in the hearing process caused by defective communication or recording equipment. new text end

new text begin Subd. 12. new text end

new text begin Interpreter and translation services. new text end

new text begin The children, youth, and families judge has a duty to inquire and to determine whether any participant in the hearing needs the services of an interpreter or translator in order to participate in or to understand the hearing process. Necessary interpreter or translation services must be provided at no charge to the person involved in the hearing. If it appears that interpreter or translation services are needed but are not available for the scheduled hearing, the children, youth, and families judge shall continue or postpone the hearing until appropriate services can be provided. new text end

new text begin Subd. 13. new text end

new text begin Failure to appear; good cause. new text end

new text begin If a person involved in a fair hearing appeal fails to appear at the hearing, the children, youth, and families judge may dismiss the appeal. The children, youth, and families judge may reopen the appeal if within ten working days after the date of the dismissal the person files information in writing with the children, youth, and families judge to show good cause for not appearing. Good cause can be shown when there is: new text end

new text begin (1) a death or serious illness in the person's family; new text end

new text begin (2) a personal injury or illness that reasonably prevents the person from attending the hearing; new text end

new text begin (3) an emergency, crisis, or unforeseen event that reasonably prevents the person from attending the hearing; new text end

new text begin (4) an obligation or responsibility of the person that a reasonable person, in the conduct of one's affairs, could reasonably determine takes precedence over attending the hearing; new text end

new text begin (5) lack of or failure to receive timely notice of the hearing in the preferred language of the person involved in the hearing; and new text end

new text begin (6) excusable neglect, excusable inadvertence, excusable mistake, or other good cause as determined by the children, youth, and families judge. new text end

new text begin Subd. 14. new text end

new text begin Commencement of hearing. new text end

new text begin The children, youth, and families judge shall begin each hearing by describing the process to be followed in the hearing, including the swearing in of witnesses, how testimony and evidence are presented, the order of examining and cross-examining witnesses, and the opportunity for an opening statement and a closing statement. The children, youth, and families judge shall identify for the participants the issues to be addressed at the hearing and shall explain to the participants the burden of proof that applies to the person involved and the agency. The children, youth, and families judge shall confirm, prior to proceeding with the hearing, that the state agency appeal summary, if required under subdivision 3, has been properly completed and provided to the person involved in the hearing, and that the person has been provided documents and an opportunity to review the case file, as provided in this section. new text end

new text begin Subd. 15. new text end

new text begin Conduct of the hearing. new text end

new text begin The children, youth, and families judge shall act in a fair and impartial manner at all times. At the beginning of the hearing the agency must designate one person as their representative who shall be responsible for presenting the agency's evidence and questioning any witnesses. The children, youth, and families judge shall make sure that the person and the agency are provided sufficient time to present testimony and evidence, to confront and cross-examine all adverse witnesses, and to make any relevant statement at the hearing. The children, youth, and families judge shall make reasonable efforts to explain the hearing process to persons who are not represented and shall ensure that the hearing is conducted fairly and efficiently. Upon the reasonable request of the person or the agency involved, the children, youth, and families judge may direct witnesses to remain outside the hearing room, except during their individual testimony. The children, youth, and families judge shall not terminate the hearing before affording the person and the agency a complete opportunity to submit all admissible evidence and reasonable opportunity for oral or written statement. If a hearing lasts longer than anticipated, the hearing shall be rescheduled or continued from day-to-day until completion. Hearings that have been continued shall be timely scheduled to minimize delay in the disposition of the appeal. new text end

new text begin Subd. 16. new text end

new text begin Scope of issues addressed at the hearing. new text end

new text begin The hearing shall address the correctness and legality of the agency's action and shall not be limited simply to a review of the propriety of the agency's action. The person involved may raise and present evidence on all legal claims or defenses arising under state or federal law as a basis for appealing or disputing an agency action but not constitutional claims beyond the jurisdiction of the fair hearing. The children, youth, and families judge may take official notice of adjudicative facts. new text end

new text begin Subd. 17. new text end

new text begin Burden of persuasion. new text end

new text begin The burden of persuasion is governed by specific state or federal law and regulations that apply to the subject of the hearing. If there is no specific law, then the participant in the hearing who asserts the truth of a claim is under the burden to persuade the children, youth, and families judge that the claim is true. new text end

new text begin Subd. 18. new text end

new text begin Inviting comment by department. new text end

new text begin The children, youth, and families judge or the commissioner may determine that a written comment by the department about the policy implications of a specific legal issue could help resolve a pending appeal. Such a written policy comment from the department shall be obtained only by a written request that is also sent to the person involved and to the agency or its representative. When such a written comment is received, both the person involved in the hearing and the agency shall have adequate opportunity to review, evaluate, and respond to the written comment, including submission of additional testimony or evidence, and cross-examination concerning the written comment. new text end

new text begin Subd. 19. new text end

new text begin Developing the record. new text end

new text begin The children, youth, and families judge shall accept all evidence, except evidence privileged by law, that is commonly accepted by reasonable people in the conduct of their affairs as having probative value on the issues to be addressed at the hearing. Except in fair hearings and appeals under section 142A.20, subdivision 2, paragraph (a), clauses (4) and (5), in cases involving medical issues such as a diagnosis, a physician's report, or a review team's decision, the children, youth, and families judge shall consider whether it is necessary to have a medical assessment other than that of the individual making the original decision. When necessary, the children, youth, and families judge shall require an additional assessment be obtained at agency expense and made part of the hearing record. The children, youth, and families judge shall ensure for all cases that the record is sufficiently complete to make a fair and accurate decision. new text end

new text begin Subd. 20. new text end

new text begin Unrepresented persons. new text end

new text begin In cases involving unrepresented persons, the children, youth, and families judge shall take appropriate steps to identify and develop in the hearing relevant facts necessary for making an informed and fair decision. These steps may include, but are not limited to, asking questions of witnesses and referring the person to a legal services office. An unrepresented person shall be provided an adequate opportunity to respond to testimony or other evidence presented by the agency at the hearing. The children, youth, and families judge shall ensure that an unrepresented person has a full and reasonable opportunity at the hearing to establish a record for appeal. new text end

new text begin Subd. 21. new text end

new text begin Closing of the record. new text end

new text begin The agency must present its evidence prior to or at the hearing. The agency shall not be permitted to submit evidence after the hearing except by agreement at the hearing between the person involved, the agency, and the children, youth, and families judge. If evidence is submitted after the hearing, based on such an agreement, the person involved and the agency must be allowed sufficient opportunity to respond to the evidence. When necessary, the record shall remain open to permit a person to submit additional evidence on the issues presented at the hearing. new text end

new text begin Subd. 22. new text end

new text begin Decisions. new text end

new text begin (a) A timely, written decision must be issued in every appeal. Each decision must contain a clear ruling on the issues presented in the appeal hearing and should contain a ruling only on questions directly presented by the appeal and the arguments raised in the appeal. new text end

new text begin (b) A written decision must be issued within 90 days of the date the person involved requested the appeal unless a shorter time is required by law. An additional 30 days is provided in those cases where the commissioner refuses to accept the recommended decision. In appeals of maltreatment determinations or disqualifications filed pursuant to section 142A.20, subdivision 2, paragraph (a), clause (4) or (5), that also give rise to possible licensing actions, the 90-day period for issuing final decisions does not begin until the later of the date that the licensing authority provides notice to the appeals division that the authority has made the final determination in the matter or the date the appellant files the last appeal in the consolidated matters. new text end

new text begin (c) The decision must contain both findings of fact and conclusions of law, clearly separated and identified. The findings of fact must be based on the entire record. Each finding of fact made by the children, youth, and families judge shall be supported by a preponderance of the evidence unless a different standard is required under the regulations of a particular program. The "preponderance of the evidence" means, in light of the record as a whole, the evidence leads the children, youth, and families judge to believe that the finding of fact is more likely to be true than not true. The legal claims or arguments of a participant do not constitute either a finding of fact or a conclusion of law, except to the extent the children, youth, and families judge adopts an argument as a finding of fact or conclusion of law. new text end

new text begin (d) The decision shall contain at least the following: new text end

new text begin (1) a listing of the date and place of the hearing and the participants at the hearing; new text end

new text begin (2) a clear and precise statement of the issues, including the dispute under consideration and the specific points that must be resolved in order to decide the case; new text end

new text begin (3) a listing of the material, including exhibits, records, reports, placed into evidence at the hearing, and upon which the hearing decision is based; new text end

new text begin (4) the findings of fact based upon the entire hearing record. The findings of fact must be adequate to inform the participants and any interested person in the public of the basis of the decision. If the evidence is in conflict on an issue that must be resolved, the findings of fact must state the reasoning used in resolving the conflict; new text end

new text begin (5) conclusions of law that address the legal authority for the hearing and the ruling and give appropriate attention to the claims of the participants to the hearing; new text end

new text begin (6) a clear and precise statement of the decision made resolving the dispute under consideration in the hearing; and new text end

new text begin (7) written notice of the right to appeal to district court or to request reconsideration, and of the actions required and the time limits for taking appropriate action to appeal to district court or to request a reconsideration. new text end

new text begin (e) The children, youth, and families judge shall not independently investigate facts or otherwise rely on information not presented at the hearing. The children, youth, and families judge may not contact other agency personnel, except as provided in subdivision 18. The children, youth, and families judge's recommended decision must be based exclusively on the testimony and evidence presented at the hearing, and legal arguments presented, and the children, youth, and families judge's research and knowledge of the law. new text end

new text begin (f) The commissioner will review the recommended decision and accept or refuse to accept the decision according to section 142A.20, subdivision 5. new text end

new text begin Subd. 23. new text end

new text begin Refusal to accept recommended orders. new text end

new text begin (a) If the commissioner refuses to accept the recommended order from the children, youth, and families judge, the person involved, the person's attorney or authorized representative, and the agency shall be sent a copy of the recommended order, a detailed explanation of the basis for refusing to accept the recommended order, and the proposed modified order. new text end

new text begin (b) The person involved and the agency shall have at least ten business days to respond to the proposed modification of the recommended order. The person involved and the agency may submit a legal argument concerning the proposed modification, and may propose to submit additional evidence that relates to the proposed modified order. new text end

new text begin Subd. 24. new text end

new text begin Reconsideration. new text end

new text begin (a) Reconsideration may be requested within 30 days of the date of the commissioner's final order. If reconsideration is requested under section 142A.20, subdivision 5, the other participants in the appeal shall be informed of the request. The person seeking reconsideration has the burden to demonstrate why the matter should be reconsidered. The request for reconsideration may include legal argument and may include proposed additional evidence supporting the request. The other participants shall be sent a copy of all material submitted in support of the request for reconsideration and must be given ten days to respond. new text end

new text begin (b) When the requesting party raises a question as to the appropriateness of the findings of fact, the commissioner shall review the entire record. new text end

new text begin (c) When the requesting party questions the appropriateness of a conclusion of law, the commissioner shall consider the recommended decision, the decision under reconsideration, and the material submitted in connection with the reconsideration. The commissioner shall review the remaining record as necessary to issue a reconsidered decision. new text end

new text begin (d) The commissioner shall issue a written decision on reconsideration in a timely fashion. The decision must clearly inform the parties that this constitutes the final administrative decision, advise the participants of the right to seek judicial review, and the deadline for doing so. new text end

new text begin Subd. 25. new text end

new text begin Access to appeal decisions. new text end

new text begin Appeal decisions must be maintained in a manner so that the public has ready access to previous decisions on particular topics, subject to appropriate procedures for safeguarding names, personal identifying information, and other private data on the individual persons involved in the appeal. new text end

Laws 2024, chapter 80, article 1, section 43, subdivision 2

Sec. 43.

new text begin [142A.27] ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS. new text end

new text begin Subd. 2. new text end

new text begin Combined hearing. new text end

new text begin The children, youth, and families judge may combine a fair hearing under section 142A.20 and administrative fraud disqualification hearing under this section into a single hearing if the factual issues arise out of the same, or related, circumstances and the individual receives prior notice that the hearings will be combined. If the administrative fraud disqualification hearing and fair hearing are combined, the time frames for administrative fraud disqualification hearings specified in Code of Federal Regulations, title 7, section 273.16, apply. If the individual accused of wrongfully obtaining assistance is charged under section 142A.25 or 256.98 for the same act or acts that are the subject of the hearing, the individual may request that the hearing be delayed until the criminal charge is decided by the court or withdrawn. new text end

new text begin (b) A human services judge may combine a fair hearing and administrative fraud disqualification hearing pursuant to section 142A.27, subdivision 2, or 256.046, subdivision 2, if either is under the jurisdiction of the commissioner of human services or the commissioner of children, youth, and families. new text end

Laws 2024, chapter 80, article 7, section 3

Sec. 3.

Minnesota Statutes 2022, section 256J.08, subdivision 32, is amended to read:


Subd. 32.

Fair hearing or hearing.

"Fair hearing" or "hearing" means the evidentiary hearing conducted by the department deleted text begin human servicesdeleted text end new text begin of children, youth, and familiesnew text end judge to resolve disputes as specified in section 256J.40, or if not applicable, section 256.045.

Laws 2024, chapter 80, article 7, section 9

Sec. 9.

Minnesota Statutes 2023 Supplement, 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).

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. 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 deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end 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 deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end 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.

Repealed Minnesota Rule: H2476-2

9560.0232 ADMINISTRATIVE REQUIREMENTS.

Subp. 5.

Child mortality review panel.

A.

For purposes of this subpart, "local review panel" means a local multidisciplinary child mortality review panel.

B.

Under the commissioner's authority in Minnesota Statutes, section 256.01, subdivision 12, paragraph (b), each county shall establish a local review panel and shall participate on the local review panel. The local agency's child protection team may serve as the local review panel. The local review panel shall require participation by professional representatives, including professionals with knowledge of the child mortality case being reviewed.

C.

The local review panel shall:

(1)

have access to not public data under Minnesota Statutes, section 256.01, subdivision 12, paragraph (c), maintained by state agencies, statewide systems, or political subdivisions that are related to a child's death or circumstances surrounding the care of the child;

(2)

conduct a local review of the case within 60 days of the death of a child if:

(a)

the death was caused by maltreatment;

(b)

the manner of death was due to sudden infant death syndrome or was other than by natural causes, and the child was a member of a family receiving social services from a local agency, a member of a family that received social services during the year before the child's death, or a member of a family that was the subject of a child protection assessment; or

(c)

the death occurred in a facility licensed by the department if the manner of death was by other than natural causes; and

(3)

submit a report of the review to the department within 30 days of completing subitem (2).

A review may be delayed if there is pending litigation or an active assessment or investigation.

D.

Under Minnesota Statutes, section 256.01, subdivision 12, paragraph (d):

(1)

data acquired by the local review panel in the exercise of its duty is protected nonpublic or confidential data as defined in Minnesota Statutes, section 13.02, but may be disclosed as necessary to carry out the purposes of the local review panel. The data is not subject to subpoena or discovery; and

(2)

the commissioner may disclose conclusions of the local review panel, but shall not disclose data classified as confidential or private on decedents under Minnesota Statutes, section 13.10, or data classified as private, confidential, or protected nonpublic in the disseminating agency.

E.

Persons attending the local review panel meeting, members of the local review panel, persons who presented information to the local review panel, and all data, information, documents, and records pertaining to the local review panel must comply with the requirements under Minnesota Statutes, section 256.01, subdivision 12, paragraph (e).

F.

When the department notifies the local agency that a state review will be conducted under Minnesota Statutes, section 256.01, subdivision 12, paragraph (a), the local agency shall submit a copy of the social services file within five working days.