1.1 	A bill for an act
1.2 	relating to human services; modifying certain requirements for child care 
1.3 	programs; changing certain in-service training requirements; requiring early 
1.4 	childhood development training; changing certain first aid training requirements; 
1.5 	allowing the use of mesh sided playpens or cribs under certain circumstances; 
1.6 	regulating crib safety standards; providing for the responsible agency for 
1.7 	assessing or investigating reports of maltreatment; regulating medical assistance 
1.8 	managed care; enacting a runaway and homeless youth act; establishing the 
1.9 	Ramsey County child care pilot project; providing an exception for notification 
1.10 	of a variance or set-aside; amending Minnesota Statutes 2004, sections 119B.03, 
1.11 	subdivision 4; 245A.023; 245A.14, by adding a subdivision; 256B.692, 
1.12 	subdivision 6; 626.556, subdivision 3c; Minnesota Statutes 2005 Supplement, 
1.13 	sections 119B.125, subdivision 2; 245A.14, subdivision 12; 245A.146, 
1.14 	subdivisions 3, 4; 245C.22, subdivision 7; 245C.24, subdivision 2; 245C.301;  
1.15 	Laws 2005, First Special Session chapter 4, article 8, section 84; proposing 
1.16 	coding for new law in Minnesota Statutes, chapter 256K.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18
1.19	Section 1. COMMISSIONER OF HUMAN 
SERVICES
 					
1.20 	BASIC SLIDING FEE ALLOCATIONS; 
1.21 	CONVERSION TO AUTOMATED 
1.22 	SYSTEM.  As determined by the 
1.23 	commissioner, counties may use up to six 
1.24 	percent of either calendar year 2008 or 2009 
1.25 	allocations under Minnesota Statutes, section 
1.26 	119B.03, to fund accelerated payments that 
1.27 	may occur during the preceding calendar 
1.28 	year during conversion to the automated 
2.1 	child care assistance program system. If 
2.2 	conversion occurs over two calendar years, 
2.3 	counties may use up to three percent of the 
2.4 	combined calendar year allocations to fund 
2.5 	accelerated payments. Funding advanced 
2.6 	under this paragraph shall be considered part 
2.7 	of the allocation from which it was originally 
2.8 	advanced for purposes of setting future 
2.9 	allocations under Minnesota Statutes, section 
2.10 	119B.03, subdivisions 6, 6a, 6b, and 8, and 
2.11 	shall include funding for administrative costs 
2.12 	under Minnesota Statutes, section 119B.15. 
2.13 	Notwithstanding the provisions of any 
2.14 	law to the contrary, this paragraph sunsets 
2.15 	December 31, 2009.
2.16 	CHILD CARE AND DEVELOPMENT 
2.17 	FUND; FEDERAL DEFICIT 
2.18 	REDUCTION ACT OF 2005.  Increased 
2.19 	child care funds from the federal Deficit 
2.20 	Reduction Act of 2005 may be allocated by 
2.21 	the commissioner for the basic sliding fee 
2.22 	child care program.

2.23 	Sec. 2. Minnesota Statutes 2004, section 119B.03, subdivision 4, is amended to read:
2.24 		Subd. 4.Funding priority. (a) First priority for child care assistance under the 
2.25 	basic sliding fee program must be given to eligible non-MFIP families who do not have a 
2.26 	high school or general equivalency diploma or who need remedial and basic skill courses 
2.27 	in order to pursue employment or to pursue education leading to employment and who 
2.28 	need child care assistance to participate in the education program. Within this priority, 
2.29 	the following subpriorities must be used:
2.30 	(1) child care needs of minor parents;
2.31 	(2) child care needs of parents under 21 years of age; and
2.32 	(3) child care needs of other parents within the priority group described in this 
2.33 	paragraph.
3.1 	(b) Second priority must be given to parents who have completed their MFIP or 
3.2 	DWP transition year, or parents who are no longer receiving or eligible for diversionary 
3.3 	work program supports.
3.4 	(c) Third priority must be given to families who are eligible for portable basic sliding 
3.5 	fee assistance through the portability pool under subdivision 9.
3.6 	(d) Fourth priority must be given to families in which at least one parent is a veteran 
3.7 	as defined under section 197.447.
3.8 	(d) (e)  Families under paragraph (b) must be added to the basic sliding fee waiting 
3.9 	list on the date they begin the transition year under section  119B.011, subdivision 20, and 
3.10 	must be moved into the basic sliding fee program as soon as possible after they complete 
3.11 	their transition year.

3.12 	Sec. 3. Minnesota Statutes 2005 Supplement, section 119B.125, subdivision 2, is 
3.13 	amended to read:
3.14 		Subd. 2.Persons who cannot be authorized. (a) A person who meets any of the 
3.15 	conditions under paragraphs (b) to (n) must not be authorized as a legal nonlicensed 
3.16 	family child care provider. To determine whether any of the listed conditions exist, 
3.17 	the county must request information about the provider from the Bureau of Criminal 
3.18 	Apprehension, the juvenile courts, and social service agencies. When one of the listed 
3.19 	entities does not maintain information on a statewide basis, the county must contact the 
3.20 	entity in the county where the provider resides and any other county in which the provider 
3.21 	previously resided in the past year. For purposes of this subdivision, a finding that a 
3.22 	delinquency petition is proven in juvenile court must be considered a conviction in state 
3.23 	district court. If a county has determined that a provider is able to be authorized in that 
3.24 	county, and a family in another county later selects that provider, the provider is able to 
3.25 	be authorized in the second county without undergoing a new background investigation 
3.26 	unless one of the following conditions exists:
3.27 	(1) two years have passed since the first authorization;
3.28 	(2) another person age 13 or older has joined the provider's household since the 
3.29 	last authorization;
3.30 	(3) a current household member has turned 13 since the last authorization; or
3.31 	(4) there is reason to believe that a household member has a factor that prevents 
3.32 	authorization.
3.33 	(b) The person has been convicted of one of the following offenses or has admitted to 
3.34 	committing or a preponderance of the evidence indicates that the person has committed an 
3.35 	act that meets the definition of one of the following offenses: sections 609.185 to 609.195, 
4.1 	murder in the first, second, or third degree; 609.2661 to 609.2663, murder of an unborn 
4.2 	child in the first, second, or third degree; 609.322, solicitation, inducement, promotion 
4.3 	of prostitution, or receiving profit from prostitution; 609.342 to 609.345, criminal sexual 
4.4 	conduct in the first, second, third, or fourth degree; 609.352, solicitation of children to 
4.5 	engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment of a 
4.6 	child; 617.246, use of minors in sexual performance; 617.247, possession of pictorial 
4.7 	representation of a minor; 609.2242 to 609.2243, felony domestic assault; a felony offense 
4.8 	of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime 
4.9 	against children; or an attempt or conspiracy to commit any of these offenses as defined in 
4.10 	Minnesota Statutes; or an offense in any other state or country where the elements are 
4.11 	substantially similar to any of the offenses listed in this paragraph.
4.12 	(c) Less than 15 years have passed since the discharge of the sentence imposed for 
4.13 	the offense and the person has received a felony conviction for one of the following 
4.14 	offenses, or the person has admitted to committing or a preponderance of the evidence 
4.15 	indicates that the person has committed an act that meets the definition of a felony 
4.16 	conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter in 
4.17 	the first or second degree; 609.21, criminal vehicular homicide; 609.215, aiding suicide 
4.18 	or aiding attempted suicide; 609.221 to 609.2231, assault in the first, second, third, or 
4.19 	fourth degree; 609.224, repeat offenses of fifth degree assault; 609.228, great bodily 
4.20 	harm caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable adult; 
4.21 	609.2335, financial exploitation of a vulnerable adult; 609.235, use of drugs to injure or 
4.22 	facilitate a crime; 609.24, simple robbery; 617.241, repeat offenses of obscene materials 
4.23 	and performances; 609.245, aggravated robbery; 609.25, kidnapping; 609.255, false 
4.24 	imprisonment; 609.2664 to 609.2665, manslaughter of an unborn child in the first or 
4.25 	second degree; 609.267 to 609.2672, assault of an unborn child in the first, second, or third 
4.26 	degree; 609.268, injury or death of an unborn child in the commission of a crime; 609.27, 
4.27 	coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other prohibited acts, minor 
4.28 	engaged in prostitution; 609.3451, repeat offenses of criminal sexual conduct in the fifth 
4.29 	degree; 609.378, neglect or endangerment of a child; 609.52, theft; 609.521, possession of 
4.30 	shoplifting gear; 609.561 to 609.563, arson in the first, second, or third degree; 609.582, 
4.31 	burglary in the first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63, 
4.32 	forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining signature 
4.33 	by false pretenses; 609.66, dangerous weapon; 609.665, setting a spring gun; 609.67, 
4.34 	unlawfully owning, possessing, or operating a machine gun; 609.687, adulteration; 609.71, 
4.35 	riot; 609.713, terrorist threats; 609.749, harassment, stalking; 260C.301, termination of 
4.36 	parental rights; 152.021 to 152.022 and 152.0262, controlled substance crime in the first 
5.1 	or second degree; 152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2, 
5.2 	clause (4), controlled substance crime in third degree; 152.024, subdivision 1, clause 
5.3 	(2), (3), or (4), controlled substance crime in fourth degree; 617.23, repeat offenses of 
5.4 	indecent exposure; an attempt or conspiracy to commit any of these offenses as defined in 
5.5 	Minnesota Statutes; or an offense in any other state or country where the elements are 
5.6 	substantially similar to any of the offenses listed in this paragraph.
5.7 	(d) Less than ten years have passed since the discharge of the sentence imposed for 
5.8 	the offense and the person has received a gross misdemeanor conviction for one of the 
5.9 	following offenses or the person has admitted to committing or a preponderance of the 
5.10 	evidence indicates that the person has committed an act that meets the definition of a gross 
5.11 	misdemeanor conviction for one of the following offenses: sections 609.224, fifth degree 
5.12 	assault; 609.2242 to 609.2243, domestic assault; 518B.01, subdivision 14, violation of 
5.13 	an order for protection; 609.3451, fifth degree criminal sexual conduct; 609.746, repeat 
5.14 	offenses of interference with privacy; 617.23, repeat offenses of indecent exposure; 
5.15 	617.241, obscene materials and performances; 617.243, indecent literature, distribution; 
5.16 	617.293, disseminating or displaying harmful material to minors; 609.71, riot; 609.66, 
5.17 	dangerous weapons; 609.749, harassment, stalking; 609.224, subdivision 2, paragraph 
5.18 	(c), fifth degree assault against a vulnerable adult by a caregiver; 609.23, mistreatment 
5.19 	of persons confined; 609.231, mistreatment of residents or patients; 609.2325, criminal 
5.20 	abuse of a vulnerable adult; 609.2335, financial exploitation of a vulnerable adult; 
5.21 	609.233, criminal neglect of a vulnerable adult; 609.234, failure to report maltreatment of 
5.22 	a vulnerable adult; 609.72, subdivision 3, disorderly conduct against a vulnerable adult; 
5.23 	609.265, abduction; 609.378, neglect or endangerment of a child; 609.377, malicious 
5.24 	punishment of a child; 609.324, subdivision 1a, other prohibited acts, minor engaged 
5.25 	in prostitution; 609.33, disorderly house; 609.52, theft; 609.582, burglary in the first, 
5.26 	second, third, or fourth degree; 609.631, check forgery, offering a forged check; 609.275, 
5.27 	attempt to coerce; an attempt or conspiracy to commit any of these offenses as defined in 
5.28 	Minnesota Statutes; or an offense in any other state or country where the elements are 
5.29 	substantially similar to any of the offenses listed in this paragraph.
5.30 	(e) Less than seven years have passed since the discharge of the sentence imposed 
5.31 	for the offense and the person has received a misdemeanor conviction for one of the 
5.32 	following offenses or the person has admitted to committing or a preponderance of 
5.33 	the evidence indicates that the person has committed an act that meets the definition 
5.34 	of a misdemeanor conviction for one of the following offenses: sections 609.224, fifth 
5.35 	degree assault; 609.2242, domestic assault; 518B.01, violation of an order for protection; 
5.36 	609.3232, violation of an order for protection; 609.746, interference with privacy; 609.79, 
6.1 	obscene or harassing telephone calls; 609.795, letter, telegram, or package opening, 
6.2 	harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child, third degree; 
6.3 	617.293, dissemination and display of harmful materials to minors; 609.66, dangerous 
6.4 	weapons; 609.665, spring guns; an attempt or conspiracy to commit any of these offenses 
6.5 	as defined in Minnesota Statutes; or an offense in any other state or country where the 
6.6 	elements are substantially similar to any of the offenses listed in this paragraph.
6.7 	(f) The person has been identified by the child protection agency in the county 
6.8 	where the provider resides or a county where the provider has resided or by the statewide 
6.9 	child protection database as the person allegedly a person found by a preponderance of 
6.10 	evidence under section 626.556 to be responsible for physical or sexual abuse of a child 
6.11 	within the last seven years.
6.12 	(g) The person has been identified by the adult protection agency in the county 
6.13 	where the provider resides or a county where the provider has resided or by the statewide 
6.14 	adult protection database as the person responsible for abuse or neglect of a vulnerable 
6.15 	adult within the last seven years.
6.16 	(h) The person has refused to give written consent for disclosure of criminal history 
6.17 	records.
6.18 	(i) The person has been denied a family child care license or has received a fine or a 
6.19 	sanction as a licensed child care provider that has not been reversed on appeal.
6.20 	(j) The person has a family child care licensing disqualification that has not been 
6.21 	set aside.
6.22 	(k) The person has admitted or a county has found that there is a preponderance of 
6.23 	evidence that fraudulent information was given to the county for child care assistance 
6.24 	application purposes or was used in submitting child care assistance bills for payment.
6.25 	(l) The person has been convicted of the crime of theft by wrongfully obtaining 
6.26 	public assistance.
6.27 	(m) The person has a household member age 13 or older who has access to children 
6.28 	during the hours that care is provided and who meets one of the conditions listed in 
6.29 	paragraphs (b) to (l).
6.30 	(n) The person has a household member ages ten to 12 who has access to children 
6.31 	during the hours that care is provided; information or circumstances exist which provide 
6.32 	the county with articulable suspicion that further pertinent information may exist showing 
6.33 	the household member meets one of the conditions listed in paragraphs (b) to (l); and the 
6.34 	household member actually meets one of the conditions listed in paragraphs (b) to (l).

7.1 	Sec. 4. Minnesota Statutes 2004, section 245A.023, is amended to read:
7.2 	245A.023 IN-SERVICE TRAINING.
7.3 	(a) For purposes of child care centers, in-service training must be completed within 
7.4 	the license period for which it is required. In-service training completed by staff persons 
7.5 	as required must be transferable upon a staff person's change in employment to another 
7.6 	child care program. License holders shall record all staff in-service training on forms 
7.7 	prescribed by the commissioner of human services.
7.8 	(b) For purposes of family and group family child care, the license holder and each 
7.9 	primary caregiver must complete eight hours of training each year. For purposes of this 
7.10 	section, a primary caregiver is an adult caregiver who provides services in the licensed 
7.11 	setting more than 30 days in any 12-month period.

7.12 	Sec. 5. Minnesota Statutes 2004, section 245A.14, is amended by adding a subdivision 
7.13 	to read:
7.14 		Subd. 9a.Early childhood development training. (a) For purposes of child 
7.15 	care centers, the director and all staff hired after July 1, 2006, shall complete and 
7.16 	document at least two hours of early childhood development training within the first year 
7.17 	of employment. Training completed under this subdivision may be used to meet the 
7.18 	requirements of Minnesota Rules, part 9503.0035, subparts 1 and 4.
7.19 	(b) For purposes of family and group family child care, the license holder and 
7.20 	each adult caregiver who provides care in the licensed setting more than 30 days in any 
7.21 	12-month period shall complete and document at least two hours of early childhood 
7.22 	development training within the first year of licensure or employment. Training completed 
7.23 	under this subdivision may be used to meet the requirements of Minnesota Rules, part 
7.24 	9502.0385, subparts 2 and 3.
7.25 	(c) Notwithstanding paragraphs (a) and (b), individuals are exempt from this 
7.26 	requirement if they:
7.27 	(1) have taken a three-credit course on early childhood development within the 
7.28 	past five years;
7.29 	(2) have received a baccalaureate or masters degree in early childhood education or 
7.30 	school age child care within the past five years;
7.31 	(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood 
7.32 	educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an 
7.33 	early childhood special education teacher, or an elementary teacher with a kindergarten 
7.34 	endorsement; or
8.1 	(4) have received a baccalaureate degree with a Montessori certificate within the 
8.2 	past five years.

8.3 	Sec. 6. Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 12, is 
8.4 	amended to read:
8.5 		Subd. 12.First aid training requirements.  (a) Notwithstanding Minnesota Rules, 
8.6 	part 9503.0035, subpart 2, When children are present in a family child care home governed 
8.7 	by Minnesota Rules, parts 9502.0315 to 9502.0445, or a child care center governed by 
8.8 	Minnesota Rules, parts 9503.0005 to 9503.0170, at least one staff person must be present 
8.9 	in the center or home who has been trained in first aid. The first aid training must have 
8.10 	been provided by an individual approved to provide first aid instruction. First aid training 
8.11 	may be less than eight hours and persons qualified to provide first aid training shall include 
8.12 	individuals approved as first aid instructors.
8.13 	(b) All teachers and assistant teachers in a child care center governed by Minnesota 
8.14 	Rules, parts 9503.0005 to 9503.0170, and at least one staff person during field trips and 
8.15 	when transporting children in care must satisfactorily complete first aid training within 90 
8.16 	days of the start of work, unless the training has been completed within the previous three 
8.17 	years. The first aid training must be repeated at least every three years; documented in the 
8.18 	person's personnel record and indicated on the center's staffing chart; and provided by an 
8.19 	individual approved as a first aid instructor. This training may be less than eight hours.

8.20 	Sec. 7. Minnesota Statutes 2005 Supplement, section 245A.146, subdivision 3, is 
8.21 	amended to read:
8.22 		Subd. 3.License holder documentation of cribs. (a) Annually, from the date 
8.23 	printed on the license, all license holders shall check all their cribs' brand names and 
8.24 	model numbers against the United States Consumer Product Safety Commission Web 
8.25 	site listing of unsafe cribs.
8.26 	(b) The license holder shall maintain written documentation to be reviewed on site 
8.27 	for each crib showing that the review required in paragraph (a) has been completed, and 
8.28 	which of the following conditions applies:
8.29 	(1) the crib was not identified as unsafe on the United States Consumer Product 
8.30 	Safety Commission Web site;
8.31 	(2) the crib was identified as unsafe on the United States Consumer Product Safety 
8.32 	Commission Web site, but the license holder has taken the action directed by the United 
8.33 	States Consumer Product Safety Commission to make the crib safe; or
9.1 	(3) the crib was identified as unsafe on the United States Consumer Product Safety 
9.2 	Commission Web site, and the license holder has removed the crib so that it is no longer 
9.3 	used by or accessible to children in care.
9.4 	(c) Documentation of the review completed under this subdivision shall be 
9.5 	maintained by the license holder on site and made available to parents of children in 
9.6 	care and the commissioner.
9.7 	(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider 
9.8 	that complies with this section may use a mesh sided playpen or crib that has not been 
9.9 	identified as unsafe on the United States Consumer Product Safety Commission Web site 
9.10 	for the care or sleeping of infants.

9.11 	Sec. 8. Minnesota Statutes 2005 Supplement, section 245A.146, subdivision 4, is 
9.12 	amended to read:
9.13 		Subd. 4.Crib safety standards and inspection. (a) On at least a monthly basis, the 
9.14 	license holder shall perform safety inspections of every crib used by or that is accessible 
9.15 	to any child in care, and must document the following:
9.16 	(1) no corner posts extend more than 1/16 of an inch;
9.17 	(2) no spaces between side slats exceed 2.375 inches;
9.18 	(3) no mattress supports can be easily dislodged from any point of the crib;
9.19 	(4) no cutout designs are present on end panels;
9.20 	(5) no heights of the rail and end panel are less than 26 inches when measured from 
9.21 	the top of the rail or panel in the highest position to the top of the mattress support in 
9.22 	its lowest position;
9.23 	(6) no heights of the rail and end panel are less than nine inches when measured 
9.24 	from the top of the rail or panel in its lowest position to the top of the mattress support in 
9.25 	its highest position;
9.26 	(7) no screws, bolts, or hardware are loose or not secured, and there is no use 
9.27 	of woodscrews in components that are designed to be assembled and disassembled by 
9.28 	the crib owner;
9.29 	(8) no sharp edges, points, or rough surfaces are present;
9.30 	(9) no wood surfaces are rough, splintered, split, or cracked;
9.31 	(10) no tears in mesh of fabric sides in non-full-size cribs;
9.32 	(11) no mattress pads in non-full-size mesh or fabric cribs exceed one inch; and
9.33 	(12) no unacceptable gaps between the mattress and any sides of the crib are present
9.34 	as follows:
10.1 	(i) when the noncompressed mattress is centered in the non-full-size crib, at any of 
10.2 	the adjustable mattress support positions, the gap between the perimeter of the mattress 
10.3 	and the perimeter of the crib cannot be greater than one-half inch at any point. When the 
10.4 	mattress is placed against the perimeter of the crib, the resulting gap cannot be greater 
10.5 	that one inch at any point; and
10.6 	(ii) when the noncompressed mattress is centered in the full-size crib, at any of 
10.7 	the adjustable mattress support positions, the gap between the perimeter of the mattress 
10.8 	and the perimeter of the crib cannot be greater than 11/16 inch at any point.  When the 
10.9 	mattress is placed against the perimeter of the crib, the resulting gap cannot be greater 
10.10 	than 1-3/8 inch at any point.
10.11 	(b) Upon discovery of any unsafe condition identified by the license holder during 
10.12 	the safety inspection required under paragraph (a), the license holder shall immediately 
10.13 	remove the crib from use and ensure that the crib is not accessible to children in care, and 
10.14 	as soon as practicable, but not more than two business days after the inspection, remove 
10.15 	the crib from the area where child care services are routinely provided for necessary 
10.16 	repairs or to destroy the crib.
10.17 	(c) Documentation of the inspections and actions taken with unsafe cribs required in 
10.18 	paragraphs (a) and (b) shall be maintained on site by the license holder and made available 
10.19 	to parents of children in care and the commissioner.

10.20 	Sec. 9. Minnesota Statutes 2005 Supplement, section 245C.22, subdivision 7, is 
10.21 	amended to read:
10.22 		Subd. 7.Classification of certain data. (a) Notwithstanding section 13.46, upon 
10.23 	setting aside a disqualification under this section, the identity of the disqualified individual 
10.24 	who received the set-aside and the individual's disqualifying characteristics are public 
10.25 	data if the set-aside was:
10.26 	(1) for any disqualifying characteristic under section 245C.15, when the set-aside 
10.27 	relates to a child care center or a family child care provider licensed under chapter 245A; or
10.28 	(2) for a disqualifying characteristic under section 245C.15, subdivision 2.
10.29 	(b) Notwithstanding section 13.46, upon granting a variance to a license holder 
10.30 	under section 245C.30, the identity of the disqualified individual who is the subject of 
10.31 	the variance, the individual's disqualifying characteristics under section 245C.15, and the 
10.32 	terms of the variance are public data, when the variance:
10.33 	(1) is issued to a child care center or a family child care provider licensed under 
10.34 	chapter 245A; or
11.1 	(2) relates to an individual with a disqualifying characteristic under section 245C.15, 
11.2 	subdivision 2.
11.3 	(c) The identity of a disqualified individual and the reason for disqualification 
11.4 	remain private data when:
11.5 	(1) a disqualification is not set aside and no variance is granted;
11.6 	(2) the data are not public under paragraph (a) or (b);
11.7 	(3) the disqualification is rescinded because the information relied upon to disqualify 
11.8 	the individual is incorrect; or
11.9 	(4) the disqualification relates to a license to provide relative child foster care. 
11.10 	As used in this clause, "relative" has the meaning given it under section 260C.007, 
11.11 	subdivision 27.
11.12 	(d) Licensed family day child care providers and child care centers must notify 
11.13 	parents considering enrollment of a child or parents of a child attending the family day 
11.14 	care or child care center if the program employs or has living in the home any individual 
11.15 	who is the subject of either a set aside or variance provide notices as required under 
11.16 	section 245C.301.
11.17 	(e) Notwithstanding paragraphs (a) and  (b), the identity of household members who 
11.18 	are the subject of a disqualification related set-aside or variance is not public data if: 
11.19 	(1) the household member resides in the residence where the family child care is 
11.20 	provided; 
11.21 	(2) the subject of the set-aside or variance is under the age of 18 years; and 
11.22 	(3) the set-aside or variance only relate to a disqualification under section 245C.15, 
11.23 	subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.

11.24 	Sec. 10. Minnesota Statutes 2005 Supplement, section 245C.24, subdivision 2, is 
11.25 	amended to read:
11.26 		Subd. 2.Permanent bar to set aside a disqualification. (a) Except as provided in 
11.27 	paragraph (b), the commissioner may not set aside the disqualification of any individual 
11.28 	disqualified pursuant to this chapter, regardless of how much time has passed, if the 
11.29 	individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.
11.30 	(b) For an individual in the chemical dependency field who was disqualified for a 
11.31 	crime or conduct listed under section 245C.15, subdivision 1, and whose disqualification 
11.32 	was set aside prior to July 1, 2005, the commissioner must consider granting a variance 
11.33 	pursuant to section 245C.30 for the license holder for a program dealing primarily with 
11.34 	adults. A request for reconsideration evaluated under this paragraph must include a 
11.35 	letter of recommendation from the license holder that was subject to the prior set-aside 
12.1 	decision addressing the individual's quality of care to children or vulnerable adults and the 
12.2 	circumstances of the individual's departure from that service.

12.3 	Sec. 11. Minnesota Statutes 2005 Supplement, section 245C.301, is amended to read:
12.4 	245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.
12.5 	Licensed (a) Except as provided under paragraph (b), family child care providers and 
12.6 	child care centers must provide a written notification to parents considering enrollment 
12.7 	of a child or parents of a child attending the family child care or child care center if the 
12.8 	program employs or has living in the home any individual who is the subject of either a 
12.9 	set-aside or variance.
12.10 	(b) Notwithstanding paragraph (a), family child care license holders are not required 
12.11 	to disclose that the program has an individual living in the home who is the subject of a 
12.12 	set-aside or variance if: 
12.13 	(1) the household member resides in the residence where the family child care is 
12.14 	provided; 
12.15 	(2) the subject of the set-aside or variance is under the age of 18 years; and  
12.16 	(3) the set-aside or variance relate to a disqualification under section 245C.15, 
12.17 	subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.

12.18 	Sec. 12. Minnesota Statutes 2004, section 256B.692, subdivision 6, is amended to read:
12.19 		Subd. 6.Commissioner's authority. The commissioner may:
12.20 	(1) reject any preliminary or final proposal that:
12.21 	(a) substantially fails to meet the requirements of this section, or 
12.22 	(b) that the commissioner determines would substantially impair the state's ability to 
12.23 	purchase health care services in other areas of the state, or 
12.24 	(c) would substantially impair an enrollee's choice of care systems when reasonable 
12.25 	choice is possible, or 
12.26 	(d) would substantially impair the implementation and operation of the Minnesota 
12.27 	senior health options demonstration project authorized under section  256B.69, subdivision 
12.28 	23; and 
12.29 	(2) assume operation of a county's purchasing of health care for enrollees in medical 
12.30 	assistance and general assistance medical care in the event that the contract with the 
12.31 	county is terminated.

12.32 	Sec. 13. [256K.60] RUNAWAY AND HOMELESS YOUTH ACT.
13.1 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
13.2 	section. 
13.3 	(b) "Commissioner" means the commissioner of human services.
13.4 	(c) "Homeless youth" means a person 21 years of age or younger who is 
13.5 	unaccompanied by a parent or guardian and is without shelter where appropriate care and 
13.6 	supervision are available, whose parent or legal guardian is unable or unwilling to provide 
13.7 	shelter and care, or who lacks a fixed, regular, and adequate nighttime residence. The 
13.8 	following are not fixed, regular, or adequate nighttime residences: 
13.9 	(1) a supervised publicly or privately operated shelter designed to provide temporary 
13.10 	living accommodations;
13.11 	(2) an institution or a publicly or privately operated shelter designed to provide 
13.12 	temporary living accommodations;
13.13 	(3) transitional housing;
13.14 	(4) a temporary placement with a peer, friend, or family member that has not offered 
13.15 	permanent residence, a residential lease, or temporary lodging for more than 30 days; or
13.16 	(5) a public or private place not designed for, nor ordinarily used as, a regular 
13.17 	sleeping accommodation for human beings. 
13.18 	Homeless youth does not include persons incarcerated or otherwise detained under 
13.19 	federal or state law.
13.20 	(d) "Youth at risk of homelessness" means a person 21 years of age or younger 
13.21 	whose status or circumstances indicate a significant danger of experiencing homelessness 
13.22 	in the near future. Status or circumstances that indicate a significant danger may include: 
13.23 	(1) youth exiting out-of-home placements; (2) youth who previously were homeless; (3) 
13.24 	youth whose parents or primary caregivers are or were previously homeless; (4) youth 
13.25 	who are exposed to abuse and neglect in their homes; (5) youth who experience conflict 
13.26 	with parents due to chemical or alcohol dependency, mental health disabilities, or other 
13.27 	disabilities; and (6) runaways.
13.28 	(e) "Runaway" means an unmarried child under the age of 18 years who is absent 
13.29 	from the home of a parent or guardian or other lawful placement without the consent of 
13.30 	the parent, guardian, or lawful custodian.
13.31 		Subd. 2.Homeless and runaway youth report. The commissioner shall develop a 
13.32 	report for homeless youth, youth at risk of homelessness, and runaways.  The report shall 
13.33 	include coordination of services as defined under subdivisions 3 to 5.
13.34 		Subd. 3.Street and community outreach and drop-in program. Youth drop-in 
13.35 	centers must provide walk-in access to crisis intervention and ongoing supportive services 
13.36 	including one-to-one case management services on a self-referral basis. Street and 
14.1 	community outreach programs must locate, contact, and provide information, referrals, 
14.2 	and services to homeless youth, youth at risk of homelessness, and runaways. Information, 
14.3 	referrals, and services provided may include, but are not limited to:
14.4 	(1) family reunification services;
14.5 	(2) conflict resolution or mediation counseling;
14.6 	(3) assistance in obtaining temporary emergency shelter;
14.7 	(4) assistance in obtaining food, clothing, medical care, or mental health counseling;
14.8 	(5) counseling regarding violence, prostitution, substance abuse, sexually transmitted 
14.9 	diseases, and pregnancy;
14.10 	(6) referrals to other agencies that provide support services to homeless youth, 
14.11 	youth at risk of homelessness, and runaways;
14.12 	(7) assistance with education, employment, and independent living skills;
14.13 	(8) aftercare services;
14.14 	(9) specialized services for highly vulnerable runaways and homeless youth, 
14.15 	including teen parents, emotionally disturbed and mentally ill youth, and sexually 
14.16 	exploited youth; and
14.17 	(10) homelessness prevention.
14.18 		Subd. 4.Emergency shelter program. (a) Emergency shelter programs must 
14.19 	provide homeless youth and runaways with referral and walk-in access to emergency, 
14.20 	short-term residential care. The program shall provide homeless youth and runaways with 
14.21 	safe, dignified shelter, including private shower facilities, beds, and at least one meal each 
14.22 	day; and shall assist a runaway with reunification with the family or legal guardian when 
14.23 	required or appropriate.
14.24 	(b) The services provided at emergency shelters may include, but are not limited to:
14.25 	(1) family reunification services;
14.26 	(2) individual, family, and group counseling;
14.27 	(3) assistance obtaining clothing;
14.28 	(4) access to medical and dental care and mental health counseling;
14.29 	(5) education and employment services;
14.30 	(6) recreational activities;
14.31 	(7) advocacy and referral services;
14.32 	(8) independent living skills training;
14.33 	(9) aftercare and follow-up services;
14.34 	(10) transportation; and
14.35 	(11) homelessness prevention.
15.1 		Subd. 5.Supportive housing and transitional living programs. Transitional 
15.2 	living programs must help homeless youth and youth at risk of homelessness to find and 
15.3 	maintain safe, dignified housing. The program may also provide rental assistance and 
15.4 	related supportive services, or refer youth to other organizations or agencies that provide 
15.5 	such services.  Services provided may include, but are not limited to:
15.6 	(1) educational assessment and referrals to educational programs;
15.7 	(2) career planning, employment, work skill training, and independent living skills 
15.8 	training;
15.9 	(3) job placement;
15.10 	(4) budgeting and money management;
15.11 	(5) assistance in securing housing appropriate to needs and income;
15.12 	(6) counseling regarding violence, prostitution, substance abuse, sexually transmitted 
15.13 	diseases, and pregnancy;
15.14 	(7) referral for medical services or chemical dependency treatment;
15.15 	(8) parenting skills;
15.16 	(9) self-sufficiency support services or life skill training;
15.17 	(10) aftercare and follow-up services; and
15.18 	(11) homelessness prevention.

15.19 	Sec. 14. Minnesota Statutes 2004, section 626.556, subdivision 3c, is amended to read:
15.20 		Subd. 3c.Agency Local welfare agency, Department of Human Services 
15.21 	or Department of Health responsible for assessing or investigating reports of 
15.22 	maltreatment. The following agencies are the administrative agencies responsible for 
15.23 	assessing or investigating reports of alleged child maltreatment in facilities made under 
15.24 	this section:
15.25 	(1)(a) The county local welfare agency is the agency responsible for assessing or 
15.26 	investigating allegations of maltreatment in child foster care, family child care, and legally 
15.27 	unlicensed child care and in juvenile correctional facilities licensed under section  241.021
15.28 	located in the local welfare agency's county;.
15.29 	(2)(b) The Department of Human Services is the agency responsible for assessing 
15.30 	or investigating allegations of maltreatment in facilities licensed under chapters 245A and 
15.31 	245B, except for child foster care and family child care; and.
15.32 	(3)(c) The Department of Health is the agency responsible for assessing or 
15.33 	investigating allegations of child maltreatment in facilities licensed under sections  144.50
15.34 	to  144.58, and in unlicensed home health care.
16.1 	(d) The commissioners of human services, public safety, and education must 
16.2 	jointly submit a written report by January 15, 2007, to the education policy and finance 
16.3 	committees of the legislature recommending the most efficient and effective allocation 
16.4 	of agency responsibility for assessing or investigating reports of maltreatment and must 
16.5 	specifically address allegations of maltreatment that currently are not the responsibility 
16.6 	of a designated agency.

16.7 	Sec. 15. Laws 2005, First Special Session chapter 4, article 8, section 84, is amended 
16.8 	to read:
16.9 	Sec. 84. SOLE-SOURCE OR SINGLE-PLAN MANAGED CARE 
16.10 	CONTRACT.
 16.11 	Notwithstanding Minnesota Statutes, section 256B.692, subdivision 6, clause (1), 
16.12 	paragraph (c), the commissioner of human services shall not rejectapprove a county-based 
16.13 	purchasing health plan proposal, submitted on behalf of Cass, Crow Wing, Morrison, 
16.14 	Todd, and Wadena Counties,  that requires county-based purchasing on a sole-source 
16.15 	or single-plan basis contract if the implementation of the sole-source or single-plan 
16.16 	purchasing proposal does not limit an enrollee's provider choice or access to services and 
16.17 	all other requirements applicable to health plan purchasing are satisfied.  The commissioner 
16.18 	shall request federal approval, if necessary, to permit or maintain a sole-source or 
16.19 	single-plan purchasing option even if choice is available in the area. The commissioner 
16.20 	shall continue single health plan purchasing arrangements with county-based purchasing 
16.21 	entities in the service areas in existence on May 1, 2006, including arrangements for which 
16.22 	a proposal was submitted by May 1, 2006, on behalf of Cass, Crow Wing, Morrison, Todd, 
16.23 	and Wadena Counties, in response to a request for proposals issued by the commissioner.
16.24 	The commissioner shall consider, and may approve, contracting on a single-health 
16.25 	plan basis with county-based purchasing plans, or with other qualified health plans 
16.26 	that have coordination arrangements with counties, to serve persons with a disability 
16.27 	who voluntarily enroll, in order to promote better coordination or integration of health 
16.28 	care services, social services and other community-based services, provided that all 
16.29 	requirements applicable to health plan purchasing, including those in Minnesota Statutes, 
16.30 	section 256B.69, subdivision 23, are satisfied. By January 15, 2007, the commissioner 
16.31 	shall report to the chairs of the appropriate legislative committees in the house and senate 
16.32 	an analysis of the advantages and disadvantages of using single-health plan purchasing 
16.33 	to serve persons with a disability who are eligible for health care programs. The report 
16.34 	shall include consideration of the impact of federal health care programs and policies for 
16.35 	persons who are eligible for both federal and state health care programs and shall consider 
17.1 	strategies to improve coordination between federal and state health care programs for 
17.2 	those persons.

17.3 	Sec. 16. RAMSEY COUNTY CHILD CARE PILOT PROJECT.
 17.4 		Subdivision 1.Authorization for pilot project. The commissioner of human 
17.5 	services shall approve a pilot project in Ramsey County that will help teen parents remain 
17.6 	in school and complete the student's education while providing child care assistance for 
17.7 	the student's child. The pilot project shall increase coordination between services from 
17.8 	the Minnesota family investment program, the child care assistance program, and area 
17.9 	public schools with the goal of removing barriers that prevent teen parents from pursuing 
17.10 	educational goals.
17.11 		Subd. 2.Program design and implementation. The Ramsey County child care 
17.12 	pilot project shall be established to improve the coordination of services to teen parents. 
17.13 	The pilot project shall:
17.14 	(1) provide a streamlined process for sharing information between the Minnesota 
17.15 	family investment program under Minnesota Statutes, chapter 256J, the child care 
17.16 	assistance program under Minnesota Statutes, chapter 119B, and public schools in 
17.17 	Ramsey County;
17.18 	(2) determine eligibility for child care assistance using the teen parent's eligibility 
17.19 	for reduced-cost or free school lunches in place of income verification; and
17.20 	(3) waive the child care parent fee under Minnesota Statutes, section 119B.12, 
17.21 	subdivision 2, for teen parents whose income is below poverty level and whose children 
17.22 	attend school-based child care centers.
17.23 		Subd. 3.Costs. Increased costs incurred under this section shall not increase the 
17.24 	basic sliding fee appropriation and shall not affect funds available for distribution under 
17.25 	Minnesota Statutes, sections 119B.06 and 119B.08.