SF 1675

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 04/02/2012 01:00 p.m.

1.1A bill for an act 1.2relating to state government; making changes to health and human services 1.3policy provisions; modifying provisions related to children and family 1.4services, child support, child care, continuing care, disability services, the 1.5telephone equipment program, chemical and mental health, health care, 1.6human services licensing, licensing data, and the Office of Inspector General; 1.7providing for child safety and permanency reform including adoptions under 1.8guardianship of the commissioner; reforming comprehensive assessment and 1.9case management services; amending the Human Services Background Study 1.10Act; establishing home and community-based services standards; developing 1.11payment methodologies; modifying municipal license provisions; requiring 1.12data sharing with the Department of Human Services; requiring eligibility 1.13determinations; modifying fees; providing criminal penalties; making technical 1.14changes; requiring reports;amending Minnesota Statutes 2010, sections 13.46, 1.15subdivisions 2, 3, 4; 13.461, subdivision 17; 13.465, by adding a subdivision; 1.1613.82, subdivision 1; 119B.09, subdivision 7; 119B.12, subdivisions 1, 2; 1.17119B.125, subdivisions 1a, 2, 6; 119B.13, subdivision 6; 144A.071, subdivision 1.185a; 145.902; 237.50; 237.51; 237.52; 237.53; 237.54; 237.55; 237.56; 245.461, 1.19by adding a subdivision; 245.462, subdivision 20; 245.487, by adding a 1.20subdivision; 245.4871, subdivision 15; 245.4932, subdivision 1; 245A.03, 1.21subdivision 2, by adding a subdivision; 245A.04, subdivisions 1, 7, 11, by 1.22adding subdivisions; 245A.041, by adding subdivisions; 245A.05; 245A.07, 1.23subdivision 3; 245A.085; 245A.11, subdivisions 2a, 8; 245A.14, subdivision 11, 1.24by adding a subdivision; 245A.146, subdivisions 2, 3; 245A.18, subdivision 1; 1.25245A.22, subdivision 2; 245A.66, subdivisions 2, 3; 245B.02, subdivision 10, 1.26by adding a subdivision; 245B.04, subdivisions 1, 2, 3; 245B.05, subdivision 1; 1.27245B.07, subdivisions 5, 9, 10, by adding a subdivision; 245C.03, subdivision 1; 1.28245C.04, subdivision 1; 245C.05, subdivisions 2, 4, 7, by adding a subdivision; 1.29245C.07; 245C.08, subdivision 1; 245C.14, subdivision 2; 245C.16, subdivision 1.301; 245C.17, subdivision 2; 245C.22, subdivision 5; 245C.23, subdivision 2; 1.31246.53, by adding a subdivision; 252.32, subdivision 1a; 252A.21, subdivision 1.322; 256.476, subdivision 11; 256.9657, subdivision 1; 256.998, subdivisions 1, 1.335; 256B.04, subdivision 14; 256B.056, subdivision 3c; 256B.0595, subdivision 1.342; 256B.0625, subdivisions 13, 13d, 19c, 42; 256B.0659, subdivisions 1, 2, 1.353, 3a, 4, 9, 13, 14, 19, 21, 30; 256B.0911, subdivisions 1, 2b, 2c, 3, 3b, 4c, 6; 1.36256B.0913, subdivisions 7, 8; 256B.0915, subdivisions 1a, 1b, 3c, 6; 256B.0916, 1.37subdivision 7; 256B.092, subdivisions 1, 1a, 1b, 1e, 1g, 2, 3, 5, 7, 8, 8a, 9, 11; 1.38256B.096, subdivision 5; 256B.15, subdivisions 1c, 1f; 256B.19, subdivision 1c; 1.39256B.441, subdivisions 13, 31, 53; 256B.49, subdivisions 13, 21; 256B.4912; 2.1256B.69, subdivision 5; 256F.13, subdivision 1; 256G.02, subdivision 6; 256J.08, 2.2subdivision 11; 256J.24, subdivisions 2, 5; 256J.32, subdivision 6; 256J.575, 2.3subdivisions 1, 2, 5, 6, 8; 256J.621; 256J.68, subdivision 7; 256J.95, subdivision 2.43; 256L.05, subdivision 3; 257.01; 257.75, subdivision 7; 259.22, subdivision 2; 2.5259.23, subdivision 1; 259.24, subdivisions 1, 3, 5, 6a, 7; 259.29, subdivision 2.62; 259.69; 259.73; 260.012; 260C.001; 260C.007, subdivision 4, by adding 2.7subdivisions; 260C.101, subdivision 2; 260C.157, subdivision 1; 260C.163, 2.8subdivisions 1, 4; 260C.178, subdivisions 1, 7; 260C.193, subdivisions 3, 2.96; 260C.201, subdivisions 2, 10, 11a; 260C.212, subdivisions 1, 2, 5, 7; 2.10260C.215, subdivisions 4, 6; 260C.217; 260C.301, subdivisions 1, 8; 260C.317, 2.11subdivisions 3, 4; 260C.325, subdivisions 1, 3, 4; 260C.328; 260C.451; 260D.08; 2.12471.709; 514.982, subdivision 1; 518A.40, subdivision 4; 518C.205; 541.04; 2.13548.09, subdivision 1; 609.3785; 626.556, subdivisions 2, 10, 10e, 10f, 10i, 2.1410k, 11; Minnesota Statutes 2011 Supplement, sections 119B.13, subdivision 1; 2.15125A.21, subdivision 7; 144A.071, subdivisions 3, 4a; 245A.03, subdivision 7; 2.16254B.04, subdivision 2a; 256.01, subdivision 14b; 256B.04, subdivision 21; 2.17256B.056, subdivision 3; 256B.057, subdivision 9; 256B.0625, subdivisions 2.1813e, 13h, 14, 56; 256B.0631, subdivisions 1, 2; 256B.0659, subdivision 11; 2.19256B.0911, subdivisions 1a, 3a, 4a; 256B.0915, subdivision 10; 256B.49, 2.20subdivisions 14, 15; 256B.69, subdivisions 5a, 28; 256L.12, subdivision 9; 2.21256L.15, subdivision 1; 626.557, subdivision 9; 626.5572, subdivision 13; 2.22Laws 2009, chapter 79, article 8, section 81, as amended; proposing coding 2.23for new law in Minnesota Statutes, chapters 245A; 252; 256B; 260C; 611; 2.24proposing coding for new law as Minnesota Statutes, chapters 245D; 259A; 2.25repealing Minnesota Statutes 2010, sections 256.01, subdivision 18b; 256.022; 2.26256B.431, subdivisions 2c, 2g, 2i, 2j, 2k, 2l, 2o, 3c, 11, 14, 17b, 17f, 19, 20, 2.2725, 27, 29; 256B.434, subdivisions 4a, 4b, 4c, 4d, 4e, 4g, 4h, 7, 8; 256B.435; 2.28256B.436; 259.67; 259.71; 260C.201, subdivision 11; 260C.215, subdivision 2; 2.29260C.456; Minnesota Statutes 2011 Supplement, section 256B.431, subdivision 2.3026; Minnesota Rules, parts 9555.7700; 9560.0071; 9560.0082; 9560.0083; 2.319560.0091; 9560.0093, subparts 1, 3, 4; 9560.0101; 9560.0102. 2.32BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.33ARTICLE 1 2.34CHILDREN AND FAMILIES POLICY PROVISIONS 2.35    Section 1. Minnesota Statutes 2010, section 13.461, subdivision 17, is amended to read: 2.36    Subd. 17. Maltreatment review panels. Data of the vulnerable adult maltreatment 2.37review panel or the child maltreatment review panel are classified under section 256.021 2.38or . 2.39    Sec. 2. Minnesota Statutes 2010, section 13.465, is amended by adding a subdivision 2.40to read: 2.41     new text begin Subd. 5a. new text end new text begin Adoptive parent. new text end new text begin Certain data that may be disclosed to a prospective new text end 2.42 new text begin adoptive parent is governed by section 260C.613, subdivision 2. new text end 2.43    Sec. 3. Minnesota Statutes 2010, section 256.998, subdivision 1, is amended to read: 3.1    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this 3.2section. 3.3(b) "Date of hiring" means the earlier of: (1) the first day for which an employee is 3.4owed compensation by an employer; or (2) the first day that an employee reports to work 3.5or performs labor or services for an employer. 3.6(c) "Earnings" means payment owed by an employer for labor or services rendered 3.7by an employee. 3.8(d) "Employee" means a person who resides or works in Minnesota, performs 3.9services for compensation, in whatever form, for an employer and satisfies the criteria of 3.10an employee under chapter 24 of the Internal Revenue Code. Employee does not include: 3.11(1) persons hired for domestic service in the private home of the employer, as 3.12defined in the Federal Tax Code; or 3.13(2) an employee of the federal or state agency performing intelligence or 3.14counterintelligence functions, if the head of such agency has determined that reporting 3.15according to this law would endanger the safety of the employee or compromise an 3.16ongoing investigation or intelligence mission. 3.17(e) "Employer" means a person or entity located or doing business in this state that 3.18employs one or more employees for payment, and satisfies the criteria of an employer 3.19under chapter 24 of the Internal Revenue Code. Employer includes a labor organization as 3.20defined in paragraph (g). Employer also includes the state, political or other governmental 3.21subdivisions of the state, and the federal government. 3.22(f) "Hiring" means engaging a person to perform services for compensation and 3.23includes the reemploying or return to work of any previous employee who was laid off, 3.24furloughed, separated, granted a leave without pay, or terminated from employment when 3.25a period of 90 new text begin 60 new text end days elapses from the date of layoff, furlough, separation, leave, or 3.26termination to the date of the person's return to work. 3.27(g) "Labor organization" means entities located or doing business in this state that 3.28meet the criteria of labor organization under section 2(5) of the National Labor Relations 3.29Act. This includes any entity, that may also be known as a hiring hall, used to carry out 3.30requirements described in chapter 7 of the National Labor Relations Act. 3.31(h) "Payor" means a person or entity located or doing business in Minnesota who 3.32pays money to an independent contractor according to an agreement for the performance 3.33of services. 3.34    Sec. 4. Minnesota Statutes 2010, section 256.998, subdivision 5, is amended to read: 4.1    Subd. 5. Report contents. Reports required under this section must contain: new text begin all new text end 4.2 new text begin the information required by federal law. new text end 4.3(1) the employee's name, address, Social Security number, and date of birth when 4.4available, which can be handwritten or otherwise added to the W-4 form, W-9 form, or 4.5other document submitted; and 4.6(2) the employer's name, address, and federal identification number. 4.7    Sec. 5. Minnesota Statutes 2010, section 256J.24, subdivision 5, is amended to read: 4.8    Subd. 5. MFIP transitional standard. The MFIP transitional standard is based 4.9on the number of persons in the assistance unit eligible for both food and cash assistance 4.10unless the restrictions in subdivision 6 on the birth of a child apply. The following table 4.11represents the transitional standards including a breakdown of the cash and food portions 4.12effective October 1, 2009. 4.13 Number of Eligible People Transitional Standard Cash Portion Food Portion 4.14 1 $428: $250 $178 4.15 2 $764: $437 $327 4.16 3 $1,005: $532 $473 4.17 4 $1,222: $621 $601 4.18 5 $1,399: $697 $702 4.19 6 $1,608: $773 $835 4.20 7 $1,754: $850 $904 4.21 8 $1,940: $916 $1,024 4.22 9 $2,125: $980 $1,145 4.23 10 $2,304: $1,035 $1,269 4.24 over 10 add $178: $53 $125 4.25 per additional member. 4.26 new text begin The amount of the transitional standard is published annually by the Department of new text end 4.27 new text begin Human Services. new text end 4.28    Sec. 6. Minnesota Statutes 2010, section 259.22, subdivision 2, is amended to read: 4.29    Subd. 2. Persons who may be adopted. No petition for adoption shall be filed 4.30unless the person sought to be adopted has been placed by the commissioner of human 4.31services, the commissioner's agent, or a licensed child-placing agency. The provisions of 4.32this subdivision shall not apply if: 4.33    (1) the person to be adopted is over 14 years of age; 4.34    (2) the child is sought to be adopted by an individual who is related to the child, as 4.35defined by section 245A.02, subdivision 13; 5.1    (3) the child has been lawfully placed under the laws of another state while the child 5.2and petitioner resided in that other state; 5.3    (4) the court waives the requirement of this subdivision in the best interests of the 5.4child or petitioners, provided that the adoption does not involve a placement as defined in 5.5section 259.21, subdivision 8; or 5.6    (5) the child has been lawfully placed under section 259.47. 5.7    Sec. 7. Minnesota Statutes 2010, section 259.23, subdivision 1, is amended to read: 5.8    Subdivision 1. Venue. (a) Except as provided in section 260C.101, subdivision 2, 5.9The juvenile court shall have original jurisdiction in all adoption proceedings. The proper 5.10venue for an adoption proceeding shall be the county of the petitioner's residence, except 5.11as provided in paragraph (b) new text begin section 260C.621, subdivision 2, for the adoption of children new text end 5.12 new text begin under the guardianship of the commissioner new text end . 5.13(b) Venue for the adoption of a child committed to the guardianship of the 5.14commissioner of human services shall be the county with jurisdiction in the matter 5.15according to section 260C.317, subdivision 3. 5.16(c) Upon request of the petitioner, the court having jurisdiction over the matter under 5.17section 260C.317, subdivision 3, may transfer venue of an adoption proceeding involving 5.18a child under the guardianship of the commissioner to the county of the petitioner's 5.19residence upon determining that: 5.20(1) the commissioner has given consent to the petitioner's adoption of the child 5.21or that consent is unreasonably withheld; 5.22(2) there is no other adoption petition for the child that has been filed or is reasonably 5.23anticipated by the commissioner or the commissioner's delegate to be filed; and 5.24(3) transfer of venue is in the best interests of the child. 5.25Transfer of venue under this paragraph shall be according to the rules of adoption court 5.26procedure. 5.27(d) new text begin (b) new text end In all other adoptions new text begin under this chapter new text end , if the petitioner has acquired a new 5.28residence in another county and requests a transfer of the adoption proceeding, the court in 5.29which an adoption is initiated may transfer the proceeding to the appropriate court in the 5.30new county of residence if the transfer is in the best interests of the person to be adopted. 5.31The court transfers the proceeding by ordering a continuance and by forwarding to the 5.32court administrator of the appropriate court a certified copy of all papers filed, together 5.33with an order of transfer. The transferring court also shall forward copies of the order 5.34of transfer to the commissioner of human services and any agency participating in the 5.35proceedings. The judge of the receiving court shall accept the order of the transfer and any 6.1other documents transmitted and hear the case; provided, however, the receiving court 6.2may in its discretion require the filing of a new petition prior to the hearing. 6.3    Sec. 8. Minnesota Statutes 2010, section 259.24, subdivision 1, is amended to read: 6.4    Subdivision 1. Exceptions. new text begin (a) new text end No child shall be adopted without the consent of the 6.5child's parents and the child's guardian, if there be one, except in the following instances new text begin new text end 6.6 new text begin consent is not required of a parent new text end : 6.7(a) Consent shall not be required of a parent new text begin (1) who is new text end not entitled to notice of the 6.8proceedings. new text begin ; new text end 6.9(b) Consent shall not be required of a parent new text begin (2) new text end who has abandoned the child, or 6.10of a parent who has lost custody of the child through a divorce decree or a decree of 6.11dissolution, and upon whom notice has been served as required by section 259.49. new text begin ; or new text end 6.12(c) Consent shall not be required of a parent new text begin (3) new text end whose parental rights to the child 6.13have been terminated by a juvenile court or who has lost custody of a child through a final 6.14commitment of the juvenile court or through a decree in a prior adoption proceeding. 6.15(d) If there be no parent or guardian qualified to consent to the adoption, the 6.16consent shall be given by the commissioner. After the court accepts a parent's consent 6.17to the adoption under section 260C.201, subdivision 11, consent by the commissioner 6.18or commissioner's delegate is also necessary. Agreement to the identified prospective 6.19adoptive parent by the responsible social services agency under section 260C.201, 6.20subdivision 11 , does not constitute the required consent. 6.21(e) new text begin (b) If there is no parent or guardian qualified to consent to the adoption, new text end the 6.22commissioner or agency having authority to place a child for adoption pursuant to section 6.23259.25, subdivision 1 , shall have the exclusive right to consent to the adoption of such new text begin the new text end 6.24child. The commissioner or agency shall make every effort to place siblings together for 6.25adoption. Notwithstanding any rule to the contrary, the commissioner may delegate the 6.26right to consent to the adoption or separation of siblings, if it is in the child's best interest, 6.27to a local social services agency. 6.28    Sec. 9. Minnesota Statutes 2010, section 259.24, subdivision 3, is amended to read: 6.29    Subd. 3. Child. When the child to be adopted is over 14 years of age, the child's 6.30written consent to adoption by a particular person is also necessary. A child of any age 6.31who is under the guardianship of the commissioner and is legally available for adoption 6.32may not refuse or waive the commissioner's agent's exhaustive efforts to recruit, identify, 6.33and place the child in an adoptive home required under section , subdivision 7.13, paragraph (b), or sign a document relieving county social services agencies of all 7.2recruitment efforts on the child's behalf. 7.3    Sec. 10. Minnesota Statutes 2010, section 259.24, subdivision 5, is amended to read: 7.4    Subd. 5. Execution. All consents to an adoption shall be in writing, executed 7.5before two competent witnesses, and acknowledged by the consenting party. In addition, 7.6all consents to an adoption, except those by the commissioner, the commissioner's agent, 7.7a licensed child-placing agency, an adult adoptee, or the child's parent in a petition for 7.8adoption by a stepparent, shall be executed before a representative of the commissioner, 7.9the commissioner's agent, or a licensed child-placing agency. All consents by a parent new text begin new text end 7.10 new text begin to adoption under this chapter new text end : 7.11(1) shall contain notice to the parent of the substance of subdivision 6a, providing 7.12for the right to withdraw consent unless the parent will not have the right to withdraw 7.13consent because consent was executed under section 260C.201, subdivision 11, following 7.14proper notice that consent given under that provision is irrevocable upon acceptance by 7.15the court as provided in subdivision 6a; and 7.16(2) shall contain the following written notice in all capital letters at least one-eighth 7.17inch high: 7.18"This new text begin The new text end agency new text begin responsible for supervising the adoptive placement of the child new text end 7.19will submit your consent to adoption to the court. new text begin If you are consenting to adoption by new text end 7.20 new text begin the child's stepparent, the consent will be submitted to the court by the petitioner in your new text end 7.21 new text begin child's adoption. new text end The consent itself does not terminate your parental rights. Parental rights 7.22to a child may be terminated only by an adoption decree or by a court order terminating 7.23parental rights. Unless the child is adopted or your parental rights are terminated, you 7.24may be asked to support the child." 7.25Consents shall be filed in the adoption proceedings at any time before the matter 7.26is heard provided, however, that a consent executed and acknowledged outside of this 7.27state, either in accordance with the law of this state or in accordance with the law of the 7.28place where executed, is valid. 7.29    Sec. 11. Minnesota Statutes 2010, section 259.24, subdivision 6a, is amended to read: 7.30    Subd. 6a. Withdrawal of consent. Except for consents executed under section 7.31260C.201, subdivision 11, A parent's consent to adoption new text begin under this chapter new text end may be 7.32withdrawn for any reason within ten working days after the consent is executed and 7.33acknowledged. new text begin No later than the tenth working day after the consent is executed and new text end 7.34 new text begin acknowledged, new text end written notification of withdrawal of consent must be received by new text begin : (1) new text end 8.1the agency to which the child was surrendered no later than the tenth working day after 8.2the consent is executed and acknowledged new text begin ; (2) the agency supervising the adoptive new text end 8.3 new text begin placement of the child; or (3) in the case of adoption by the step parent or any adoption new text end 8.4 new text begin not involving agency placement or supervision, by the district court where the adopting new text end 8.5 new text begin stepparent or parent resides new text end . On the day following the tenth working day after execution 8.6and acknowledgment, the consent shall become irrevocable, except upon order of a court 8.7of competent jurisdiction after written findings that consent was obtained by fraud. A 8.8consent to adopt executed under section 260C.201, subdivision 11, is irrevocable upon 8.9proper notice to both parents of the effect of a consent to adopt and acceptance by the 8.10court, except upon order of the same court after written findings that the consent was 8.11obtained by fraud. In proceedings to determine the existence of fraud, the adoptive parents 8.12and the child shall be made parties. The proceedings shall be conducted to preserve the 8.13confidentiality of the adoption process. There shall be no presumption in the proceedings 8.14favoring the birth parents over the adoptive parents. 8.15    Sec. 12. Minnesota Statutes 2010, section 259.24, subdivision 7, is amended to read: 8.16    Subd. 7. Withholding consent; reason. Consent to an adoption shall not be 8.17unreasonably withheld by a guardian, who is not a parent of the child, by the commissioner 8.18or by an agency. 8.19    Sec. 13. Minnesota Statutes 2010, section 259.29, subdivision 2, is amended to read: 8.20    Subd. 2. Placement with relative or friend. The authorized child-placing agency 8.21shall consider placement, consistent with the child's best interests and in the following 8.22order, with (1) a relative or relatives of the child, or (2) an important friend with whom the 8.23child has resided or had significant contact. In implementing this section, an authorized 8.24child-placing agency may disclose private or confidential data, as defined in section 13.02, 8.25to relatives of the child for the purpose of locating a suitable adoptive home. The agency 8.26shall disclose only data that is necessary to facilitate implementing the preference. 8.27If the child's birth parent or parents explicitly request that placement with relatives new text begin a new text end 8.28 new text begin specific relative new text end or important friends new text begin friend new text end not be considered, the authorized child-placing 8.29agency shall honor that request new text begin if it is new text end consistent with the best interests of the child new text begin and new text end 8.30 new text begin consistent with the requirements of sections 260C.212, subdivision 2, and 260C.221 new text end . 8.31If the child's birth parent or parents express a preference for placing the child in an 8.32adoptive home of the same or a similar religious background to that of the birth parent 8.33or parents, the agency shall place the child with a family that meets the birth parent's 8.34religious preference. 9.1This subdivision does not affect the Indian Child Welfare Act, United States 9.2Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 9.3Act, sections 260.751 to 260.835. 9.4    Sec. 14. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read: 9.5    Subd. 3. Best interest of the child in foster care or residential care. (a) The 9.6policy of the state is to ensure that the best interests of children in foster or residential care 9.7are met by requiring individualized determinations under section 260C.212, subdivision 2, 9.8paragraph (b), of the needs of the child and of how the selected placement will serve the 9.9needs of the child in foster care placements. 9.10(b) The court shall review whether the responsible social services agency made 9.11efforts as required under section 260C.212, subdivision 5 new text begin 260C.221 new text end , and made an 9.12individualized determination as required under section 260C.212, subdivision 2. If 9.13the court finds the agency has not made efforts as required under section 260C.212, 9.14subdivision 5 new text begin 260C.221 new text end , and there is a relative who qualifies to be licensed to provide 9.15family foster care under chapter 245A, the court may order the child placed with the 9.16relative consistent with the child's best interests. 9.17(c) If the child's birth parent or parents explicitly request that a relative or important 9.18friend not be considered, the court shall honor that request if it is consistent with the 9.19best interests of the child new text begin and consistent with the requirements of section 260C.221 new text end . If 9.20the child's birth parent or parents express a preference for placing the child in a foster or 9.21adoptive home of the same or a similar religious background to that of the birth parent 9.22or parents, the court shall order placement of the child with an individual who meets the 9.23birth parent's religious preference. 9.24(d) Placement of a child cannot be delayed or denied based on race, color, or national 9.25origin of the foster parent or the child. 9.26(e) Whenever possible, siblings new text begin requiring foster care placement new text end should be placed 9.27together unless it is determined not to be in the best interests of a sibling new text begin after weighing new text end 9.28 new text begin the benefits of separate placement against the benefits of sibling connections for each new text end 9.29 new text begin sibling new text end . If siblings are not placed together according to section 260C.212, subdivision 2, 9.30paragraph (d), the responsible social services agency shall report to the court the efforts 9.31made to place the siblings together and why the efforts were not successful. If the court is 9.32not satisfied with the agency's efforts to place siblings together, the court may order the 9.33agency to make further efforts. If siblings are not placed together the court shall review 9.34the responsible social services agency's plan for visitation among siblings required as part 9.35of the out-of-home placement plan under section 260C.212. 10.1(f) This subdivision does not affect the Indian Child Welfare Act, United States 10.2Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 10.3Act, sections 260.751 to 260.835. 10.4    Sec. 15. Minnesota Statutes 2010, section 260C.201, subdivision 11a, is amended to 10.5read: 10.6    Subd. 11a. Permanency new text begin progress new text end review for children under eight new text begin in foster care new text end 10.7 new text begin for six months new text end . (a) If the child was under eight years of age at the time the petition 10.8was filed alleging the child was in need of protection or services, and the new text begin When a new text end child 10.9continues in placement out of the home of the parent or guardian from whom the child 10.10was removed, no later than six months after the child's placement the court shall conduct a 10.11permanency new text begin progress new text end hearing to review new text begin : new text end 10.12 new text begin (1) new text end the progress of the case, the parent's progress on the new text begin case plan or new text end out-of-home 10.13placement plan, and new text begin whichever is applicable; new text end 10.14 new text begin (2) new text end the new text begin agency's reasonable, or in the case of an Indian child, active efforts for new text end 10.15 new text begin reunification and its new text end provision of services. new text begin ; new text end 10.16 new text begin (3) the agency's reasonable efforts to finalize the permanent plan for the child new text end 10.17 new text begin under section 260.012, paragraph (e), and to make a placement as required under section new text end 10.18 new text begin 260C.212, subdivision 2, in a home that will commit to being the legally permanent new text end 10.19 new text begin family for the child in the event the child cannot return home according to the timelines new text end 10.20 new text begin in this section; and new text end 10.21 new text begin (4) in the case of an Indian child, active efforts to prevent the breakup of the Indian new text end 10.22 new text begin family and to make a placement according to the placement preferences under United new text end 10.23 new text begin States Code, title 25, chapter 21, section 1915. new text end 10.24(b) Based on its assessment of the parent's or guardian's progress on the out-of-home 10.25placement plan, the responsible social services agency must ask the county attorney to file 10.26a petition for termination of parental rights, a petition for transfer of permanent legal and 10.27physical custody to a relative, or the report required under juvenile court rules. 10.28 new text begin (b) The court shall ensure that notice of the hearing is sent to any relative who: new text end 10.29 new text begin (1) responded to the agency's notice provided under section 260C.221, indicating an new text end 10.30 new text begin interest in participating in planning for the child or being a permanency resource for the new text end 10.31 new text begin child and who has kept the court apprised of the relative's address; or new text end 10.32 new text begin (2) asked to be notified of court proceedings regarding the child as is permitted in new text end 10.33 new text begin section 260C.152, subdivision 5. new text end 11.1(c)(1) If the parent or guardian has maintained contact with the child and is 11.2complying with the court-ordered out-of-home placement plan, and if the child would 11.3benefit from reunification with the parent, the court may either: 11.4(i) return the child home, if the conditions which led to the out-of-home placement 11.5have been sufficiently mitigated that it is safe and in the child's best interests to return 11.6home; or 11.7(ii) continue the matter up to a total of six additional months. If the child has not 11.8returned home by the end of the additional six months, the court must conduct a hearing 11.9according to subdivision 11. 11.10(2) If the court determines that the parent or guardian is not complying with the 11.11out-of-home placement plan or is not maintaining regular contact with the child as outlined 11.12in the visitation plan required as part of the out-of-home placement plan under section 11.13260C.212 , the court may order the responsible social services agency new text begin : new text end 11.14 new text begin (i) new text end to develop a plan for new text begin legally new text end permanent placement of the child away from the 11.15parent and new text begin ; new text end 11.16 new text begin (ii) to consider, identify, recruit, and support one or more permanency resources new text end 11.17 new text begin from the child's relatives and foster parent to be the legally permanent home in the event new text end 11.18 new text begin the child cannot be returned to the parent. Any relative or the child's foster parent may new text end 11.19 new text begin ask the court to order the agency to consider them for permanent placement of the child new text end 11.20 new text begin in the event the child cannot be returned to the parent. A relative or foster parent who new text end 11.21 new text begin wants to be considered under this item shall cooperate with the background study required new text end 11.22 new text begin under section 245C.08, if the individual has not already done so, and with the home study new text end 11.23 new text begin process required under chapter 245A for providing child foster care and for adoption new text end 11.24 new text begin under section 259.41. The home study referred to in this item shall be a single-home study new text end 11.25 new text begin in the form required by the commissioner of human services or similar study required new text end 11.26 new text begin by the individual's state of residence when the subject of the study is not a resident of new text end 11.27 new text begin Minnesota. The court may order the responsible social services agency to make a referral new text end 11.28 new text begin under the Interstate Compact on the Placement of Children when necessary to obtain a new text end 11.29 new text begin home study for an individual who wants to be considered for transfer of permanent legal new text end 11.30 new text begin and physical custody or adoption of the child; and new text end 11.31 new text begin (iii) new text end to file a petition to support an order for the new text begin legally new text end permanent placement plan. 11.32(d) Following the review under paragraphs (b) and (c) new text begin this subdivision new text end : 11.33(1) if the court has either returned the child home or continued the matter up to a 11.34total of six additional months, the agency shall continue to provide services to support the 11.35child's return home or to make reasonable efforts to achieve reunification of the child and 11.36the parent as ordered by the court under an approved case plan; 12.1(2) if the court orders the agency to develop a plan for the transfer of permanent 12.2legal and physical custody of the child to a relative, a petition supporting the plan shall be 12.3filed in juvenile court within 30 days of the hearing required under this subdivision and a 12.4trial on the petition held within 30 new text begin 60 new text end days of the filing of the pleadings; or 12.5(3) if the court orders the agency to file a termination of parental rights, unless the 12.6county attorney can show cause why a termination of parental rights petition should not be 12.7filed, a petition for termination of parental rights shall be filed in juvenile court within 12.830 days of the hearing required under this subdivision and a trial on the petition held 12.9within 90 new text begin 60 new text end days of the filing of the petition. 12.10    Sec. 16. Minnesota Statutes 2010, section 260C.212, subdivision 1, is amended to read: 12.11    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan 12.12shall be prepared within 30 days after any child is placed in foster care by court order or a 12.13voluntary placement agreement between the responsible social services agency and the 12.14child's parent pursuant to subdivision 8 or chapter 260D. 12.15    (b) An out-of-home placement plan means a written document which is prepared by 12.16the responsible social services agency jointly with the parent or parents or guardian of the 12.17child and in consultation with the child's guardian ad litem, the child's tribe, if the child 12.18is an Indian child, the child's foster parent or representative of the residential new text begin foster care new text end 12.19facility, and, where appropriate, the child. For a child in voluntary foster care for treatment 12.20under chapter 260D, preparation of the out-of-home placement plan shall additionally 12.21include the child's mental health treatment provider. As appropriate, the plan shall be: 12.22    (1) submitted to the court for approval under section 260C.178, subdivision 7; 12.23    (2) ordered by the court, either as presented or modified after hearing, under section 12.24260C.178 , subdivision 7, or 260C.201, subdivision 6; and 12.25    (3) signed by the parent or parents or guardian of the child, the child's guardian ad 12.26litem, a representative of the child's tribe, the responsible social services agency, and, if 12.27possible, the child. 12.28    (c) The out-of-home placement plan shall be explained to all persons involved in its 12.29implementation, including the child who has signed the plan, and shall set forth: 12.30    (1) a description of the residential facility new text begin foster care home or facility selected new text end 12.31including how the out-of-home placement plan is designed to achieve a safe placement 12.32for the child in the least restrictive, most family-like, setting available which is in close 12.33proximity to the home of the parent or parents or guardian of the child when the case plan 12.34goal is reunification, and how the placement is consistent with the best interests and 12.35special needs of the child according to the factors under subdivision 2, paragraph (b); 13.1    (2) the specific reasons for the placement of the child in a residential facility new text begin foster new text end 13.2 new text begin care new text end , and when reunification is the plan, a description of the problems or conditions in the 13.3home of the parent or parents which necessitated removal of the child from home and the 13.4changes the parent or parents must make in order for the child to safely return home; 13.5    (3) a description of the services offered and provided to prevent removal of the child 13.6from the home and to reunify the family including: 13.7    (i) the specific actions to be taken by the parent or parents of the child to eliminate 13.8or correct the problems or conditions identified in clause (2), and the time period during 13.9which the actions are to be taken; and 13.10    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made 13.11to achieve a safe and stable home for the child including social and other supportive 13.12services to be provided or offered to the parent or parents or guardian of the child, the 13.13child, and the residential facility during the period the child is in the residential facility; 13.14    (4) a description of any services or resources that were requested by the child or the 13.15child's parent, guardian, foster parent, or custodian since the date of the child's placement 13.16in the residential facility, and whether those services or resources were provided and if 13.17not, the basis for the denial of the services or resources; 13.18    (5) the visitation plan for the parent or parents or guardian, other relatives as defined 13.19in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed 13.20together in foster care, and whether visitation is consistent with the best interest of the 13.21child, during the period the child is in foster care; 13.22    (6) documentation of steps to finalize the adoption or legal guardianship of the child 13.23if the court has issued an order terminating the rights of both parents of the child or of the 13.24only known, living parent of the child. At a minimum, the documentation must include 13.25child-specific recruitment efforts such as relative search and the use of state, regional, and 13.26national adoption exchanges to facilitate orderly and timely placements in and outside 13.27of the state. A copy of this documentation shall be provided to the court in the review 13.28required under section 260C.317, subdivision 3, paragraph (b); 13.29    (7) efforts to ensure the child's educational stability while in foster care, including: 13.30(i) efforts to ensure that the child in placement remains in the same school in which 13.31the child was enrolled prior to placement new text begin or upon the child's move from one placement new text end 13.32 new text begin to another new text end , including efforts to work with the local education authorities to ensure the 13.33child's educational stability; or 13.34(ii) if it is not in the child's best interest to remain in the same school that the child 13.35was enrolled in prior to placement new text begin or move from one placement to another new text end , efforts to 13.36ensure immediate and appropriate enrollment for the child in a new school; 14.1(8) the educational records of the child including the most recent information 14.2available regarding: 14.3    (i) the names and addresses of the child's educational providers; 14.4    (ii) the child's grade level performance; 14.5    (iii) the child's school record; 14.6    (iv) a statement about how the child's placement in foster care takes into account 14.7proximity to the school in which the child is enrolled at the time of placement; and 14.8(v) any other relevant educational information; 14.9    (9) the efforts by the local agency to ensure the oversight and continuity of health 14.10care services for the foster child, including: 14.11(i) the plan to schedule the child's initial health screens; 14.12(ii) how the child's known medical problems and identified needs from the screens, 14.13including any known communicable diseases, as defined in section 144.4172, subdivision 14.142, will be monitored and treated while the child is in foster care; 14.15(iii) how the child's medical information will be updated and shared, including 14.16the child's immunizations; 14.17(iv) who is responsible to coordinate and respond to the child's health care needs, 14.18including the role of the parent, the agency, and the foster parent; 14.19(v) who is responsible for oversight of the child's prescription medications; 14.20(vi) how physicians or other appropriate medical and nonmedical professionals 14.21will be consulted and involved in assessing the health and well-being of the child and 14.22determine the appropriate medical treatment for the child; and 14.23(vii) the responsibility to ensure that the child has access to medical care through 14.24either medical insurance or medical assistance; 14.25(10) the health records of the child including information available regarding: 14.26(i) the names and addresses of the child's health care and dental care providers; 14.27(ii) a record of the child's immunizations; 14.28(iii) the child's known medical problems, including any known communicable 14.29diseases as defined in section 144.4172, subdivision 2; 14.30(iv) the child's medications; and 14.31(v) any other relevant health care information such as the child's eligibility for 14.32medical insurance or medical assistance; 14.33(11) an independent living plan for a child age 16 or older who is in placement as 14.34a result of a permanency disposition. The plan should include, but not be limited to, 14.35the following objectives: 14.36    (i) educational, vocational, or employment planning; 15.1    (ii) health care planning and medical coverage; 15.2    (iii) transportation including, where appropriate, assisting the child in obtaining a 15.3driver's license; 15.4    (iv) money management new text begin , including the responsibility of the agency to ensure that new text end 15.5 new text begin the youth annually receives, at no cost to the youth, a consumer report as defined under new text end 15.6 new text begin section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report new text end ; 15.7    (v) planning for housing; 15.8    (vi) social and recreational skills; and 15.9    (vii) establishing and maintaining connections with the child's family and 15.10community; and 15.11    (12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic 15.12and assessment information, specific services relating to meeting the mental health care 15.13needs of the child, and treatment outcomes. 15.14    (d) The parent or parents or guardian and the child each shall have the right to legal 15.15counsel in the preparation of the case plan and shall be informed of the right at the time 15.16of placement of the child. The child shall also have the right to a guardian ad litem. 15.17If unable to employ counsel from their own resources, the court shall appoint counsel 15.18upon the request of the parent or parents or the child or the child's legal guardian. The 15.19parent or parents may also receive assistance from any person or social services agency 15.20in preparation of the case plan. 15.21    After the plan has been agreed upon by the parties involved or approved or ordered 15.22by the court, the foster parents shall be fully informed of the provisions of the case plan 15.23and shall be provided a copy of the plan. 15.24    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 15.25physical custodian, as appropriate, and the child, if appropriate, must be provided with 15.26a current copy of the child's health and education record. 15.27    Sec. 17. Minnesota Statutes 2010, section 260C.212, subdivision 2, is amended to read: 15.28    Subd. 2. Placement decisions based on best interest of the child. (a) The policy 15.29of the state of Minnesota is to ensure that the child's best interests are met by requiring an 15.30individualized determination of the needs of the child and of how the selected placement 15.31will serve the needs of the child being placed. The authorized child-placing agency shall 15.32place a child, released by court order or by voluntary release by the parent or parents, in 15.33a family foster home selected by considering placement with relatives and important 15.34friends in the following order: 15.35    (1) with an individual who is related to the child by blood, marriage, or adoption; or 16.1    (2) with an individual who is an important friend with whom the child has resided or 16.2had significant contact. 16.3    (b) Among the factors the agency shall consider in determining the needs of the 16.4child are the following: 16.5    (1) the child's current functioning and behaviors; 16.6    (2) the medical, new text begin needs of the child; new text end 16.7 new text begin (3) the new text end educational, and new text begin needs of the child; new text end 16.8 new text begin (4) the new text end developmental needs of the child; 16.9    (3) new text begin (5) new text end the child's history and past experience; 16.10    (4) new text begin (6) new text end the child's religious and cultural needs; 16.11    (5) new text begin (7) new text end the child's connection with a community, school, and faith community; 16.12    (6) new text begin (8) new text end the child's interests and talents; 16.13    (7) new text begin (9) new text end the child's relationship to current caretakers, parents, siblings, and relatives; 16.14and 16.15    (8) new text begin (10) new text end the reasonable preference of the child, if the court, or the child-placing 16.16agency in the case of a voluntary placement, deems the child to be of sufficient age to 16.17express preferences. 16.18    (c) Placement of a child cannot be delayed or denied based on race, color, or national 16.19origin of the foster parent or the child. 16.20    (d) Siblings should be placed together for foster care and adoption at the earliest 16.21possible time unless it is documented that a joint placement would be contrary to the 16.22safety or well-being of any of the siblings or unless it is not possible after reasonable 16.23efforts by the responsible social services agency. In cases where siblings cannot be placed 16.24together, the agency is required to provide frequent visitation or other ongoing interaction 16.25between siblings unless the agency documents that the interaction would be contrary to 16.26the safety or well-being of any of the siblings. 16.27    (e) Except for emergency placement as provided for in section 245A.035, a 16.28completed background study is required under section 245C.08 before the approval of a 16.29foster placement in a related or unrelated home. 16.30    Sec. 18. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read: 16.31    Subd. 5. Relative search. (a) The responsible social services agency shall exercise 16.32due diligence to identify and notify adult relatives prior to placement or within 30 days 16.33after the child's removal from the parent. The county agency shall consider placement 16.34with a relative under subdivision 2 new text begin section 260C.221 new text end without delay. The relative search 16.35required by this section shall be reasonable and comprehensive in scope and may last up 17.1to six months or until a fit and willing relative is identified. The relative search required by 17.2this section shall include both maternal relatives of the child and paternal relatives of the 17.3child, if paternity is adjudicated. The relatives must be notified: 17.4(1) of the need for a foster home for the child, the option to become a placement 17.5resource for the child, and the possibility of the need for a permanent placement for the 17.6child; 17.7(2) of their responsibility to keep the responsible social services agency new text begin and the court new text end 17.8informed of their current address in order to receive notice in the event that a permanent 17.9placement is sought for the child new text begin and to receive notice of the permanency progress review new text end 17.10 new text begin hearing under section 260C.204 new text end . A relative who fails to provide a current address to the 17.11responsible social services agency new text begin and the court new text end forfeits the right to new text begin receive new text end notice of 17.12the possibility of permanent placement new text begin and of the permanency progress review hearing new text end 17.13 new text begin under section 260C.204 new text end . A decision by a relative not to be a placement resource at the 17.14beginning of the case shall not affect whether the relative is considered for placement of 17.15the child with that relative later; 17.16(3) that the relative may participate in the care and planning for the child, including 17.17that the opportunity for such participation may be lost by failing to respond to the notice new text begin new text end 17.18 new text begin sent under this subdivision new text end ; and 17.19(4) of the family foster care licensing requirements, including how to complete an 17.20application and how to request a variance from licensing standards that do not present a 17.21safety or health risk to the child in the home under section 245A.04 and supports that are 17.22available for relatives and children who reside in a family foster home. 17.23(b) A responsible social services agency may disclose private or confidential data, 17.24as defined in section 13.02, to relatives of the child for the purpose of locating a suitable 17.25placement. The agency shall disclose only data that is necessary to facilitate possible 17.26placement with relatives. If the child's parent refuses to give the responsible social 17.27services agency information sufficient to identify the maternal and paternal relatives of the 17.28child, the agency shall ask the juvenile court to order the parent to provide the necessary 17.29information. If a parent makes an explicit request that relatives or a specific relative not 17.30be contacted or considered for placement new text begin due to safety reasons including past family or new text end 17.31 new text begin domestic violence new text end , the agency shall bring the parent's request to the attention of the court 17.32to determine whether the parent's request is consistent with the best interests of the child 17.33and the agency shall not contact relatives or a new text begin the new text end specific relative unless authorized to do 17.34so by new text begin when new text end the juvenile court new text begin finds that contacting the specific relative would endanger new text end 17.35 new text begin the parent, guardian, child, sibling, or any family member new text end . 18.1(c) When the placing agency determines that a permanent placement hearing is 18.2necessary because there is a likelihood that the child will not return to a parent's care, the 18.3agency may send the notice provided in paragraph (d), may ask the court to modify the 18.4requirements of the agency under this paragraph, or may ask the court to completely 18.5relieve the agency of the requirements of this paragraph new text begin (d) new text end . The relative notification 18.6requirements of this paragraph do not apply when the child is placed with an appropriate 18.7relative or a foster home that has committed to being the permanent legal placement for 18.8the child and the agency approves of that foster home for permanent placement of the 18.9child. The actions ordered by the court under this section must be consistent with the best 18.10interests, safety, and welfare of the child. 18.11(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the 18.12court under paragraph (c), when the agency determines that it is necessary to prepare for 18.13the permanent placement determination hearing, or in anticipation of filing a termination 18.14of parental rights petition, the agency shall send notice to the relatives, any adult with 18.15whom the child is currently residing, any adult with whom the child has resided for one 18.16year or longer in the past, and any adults who have maintained a relationship or exercised 18.17visitation with the child as identified in the agency case plan. The notice must state that a 18.18permanent home is sought for the child and that the individuals receiving the notice may 18.19indicate to the agency their interest in providing a permanent home. The notice must state 18.20that within 30 days of receipt of the notice an individual receiving the notice must indicate 18.21to the agency the individual's interest in providing a permanent home for the child or that 18.22the individual may lose the opportunity to be considered for a permanent placement. 18.23(e) The Department of Human Services shall develop a best practices guide and 18.24specialized staff training to assist the responsible social services agency in performing and 18.25complying with the relative search requirements under this subdivision. 18.26    Sec. 19. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read: 18.27    Subd. 7. Administrative or court review of placements. (a) There shall be an 18.28administrative review of the out-of-home placement plan of each child placed in foster 18.29care no later than 180 days after the initial placement of the child in foster care and at least 18.30every six months thereafter if the child is not returned to the home of the parent or parents 18.31within that time. The out-of-home placement plan must be monitored and updated at each 18.32administrative review. The administrative review shall be conducted by the responsible 18.33social services agency using a panel of appropriate persons at least one of whom is not 18.34responsible for the case management of, or the delivery of services to, either the child or 19.1the parents who are the subject of the review. The administrative review shall be open to 19.2participation by the parent or guardian of the child and the child, as appropriate. 19.3    (b) As an alternative to the administrative review required in paragraph (a), the court 19.4may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 19.5Procedure, conduct a hearing to monitor and update the out-of-home placement plan 19.6pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d). 19.7The party requesting review of the out-of-home placement plan shall give parties to the 19.8proceeding notice of the request to review and update the out-of-home placement plan. 19.9A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11; 19.10260C.141 , subdivision 2; 260C.317; or 260D.06 shall satisfy the requirement for the 19.11review so long as the other requirements of this section are met. 19.12    (c) As appropriate to the stage of the proceedings and relevant court orders, the 19.13responsible social services agency or the court shall review: 19.14    (1) the safety, permanency needs, and well-being of the child; 19.15    (2) the continuing necessity for and appropriateness of the placement; 19.16    (3) the extent of compliance with the out-of-home placement plan; 19.17    (4) the extent of progress which has been made toward alleviating or mitigating the 19.18causes necessitating placement in foster care; 19.19    (5) the projected date by which the child may be returned to and safely maintained in 19.20the home or placed permanently away from the care of the parent or parents or guardian; 19.21and 19.22    (6) the appropriateness of the services provided to the child. 19.23    (d) When a child is age 16 or older, in addition to any administrative review 19.24conducted by the agency, at the in-court review required under section 260C.201, 19.25subdivision 11, or 260C.317, subdivision 3, clause (3), the court shall review the 19.26independent living plan required under subdivision 1, paragraph (c), clause (11), and the 19.27provision of services to the child related to the well-being of the child as the child prepares 19.28to leave foster care. The review shall include the actual plans related to each item in the 19.29plan necessary to the child's future safety and well-being when the child is no longer 19.30in foster care. 19.31    (1) At the court review, the responsible social services agency shall establish that it 19.32has given the notice required under section 260C.456 or Minnesota Rules, part 9560.0660, 19.33regarding the right to continued access to services for certain children in foster care past 19.34age 18 and of the right to appeal a denial of social services under section 256.045. If the 19.35agency is unable to establish that the notice, including the right to appeal a denial of social 19.36services, has been given, the court shall require the agency to give it. 20.1    (2) Consistent with the requirements of the independent living plan, the court shall 20.2review progress toward or accomplishment of the following goals: 20.3    (i) the child has obtained a high school diploma or its equivalent; 20.4    (ii) the child has completed a driver's education course or has demonstrated the 20.5ability to use public transportation in the child's community; 20.6    (iii) the child is employed or enrolled in postsecondary education; 20.7    (iv) the child has applied for and obtained postsecondary education financial aid for 20.8which the child is eligible; 20.9    (v) the child has health care coverage and health care providers to meet the child's 20.10physical and mental health needs; 20.11    (vi) the child has applied for and obtained disability income assistance for which 20.12the child is eligible; 20.13    (vii) the child has obtained affordable housing with necessary supports, which does 20.14not include a homeless shelter; 20.15    (viii) the child has saved sufficient funds to pay for the first month's rent and a 20.16damage deposit; 20.17    (ix) the child has an alternative affordable housing plan, which does not include a 20.18homeless shelter, if the original housing plan is unworkable; 20.19    (x) the child, if male, has registered for the Selective Service; and 20.20    (xi) the child has a permanent connection to a caring adult. 20.21    (3) The court shall ensure that the responsible agency in conjunction with the 20.22placement provider assists the child in obtaining the following documents prior to the 20.23child's leaving foster care: a Social Security card; the child's birth certificate; a state 20.24identification card or driver's license, green card, or school visa; the child's school, 20.25medical, and dental records; a contact list of the child's medical, dental, and mental health 20.26providers; and contact information for the child's siblings, if the siblings are in foster care. 20.27    (e) When a child is age 17 or older, during the 90-day period immediately prior to 20.28the date the child is expected to be discharged from foster care, the responsible social 20.29services agency is required to provide the child with assistance and support in developing 20.30a transition plan that is personalized at the direction of the child. The transition plan 20.31must be as detailed as the child may elect and include specific options on housing, health 20.32insurance, education, local opportunities for mentors and continuing support services, and 20.33work force supports and employment services. new text begin The agency shall ensure that the youth new text end 20.34 new text begin receives, at no cost to the youth, a copy of the youth's consumer credit report as defined new text end 20.35 new text begin in section 13C.001 and assistance in interpreting and resolving any inaccuracies in the new text end 20.36 new text begin report. new text end The county new text begin agency new text end shall also provide the individual new text begin youth new text end with appropriate contact 21.1information if the individual new text begin youth new text end needs more information or needs help dealing with a 21.2crisis situation through age 21. 21.3    Sec. 20. Minnesota Statutes 2010, section 260C.317, subdivision 3, is amended to read: 21.4    Subd. 3. Order; retention of jurisdiction. (a) A certified copy of the findings and 21.5the order terminating parental rights, and a summary of the court's information concerning 21.6the child shall be furnished by the court to the commissioner or the agency to which 21.7guardianship is transferred. 21.8 new text begin (b) new text end The orders shall be on a document separate from the findings. The court shall 21.9furnish the individual to whom guardianship is transferred new text begin guardian new text end a copy of the order 21.10terminating parental rights. 21.11    (b) new text begin (c) When the court orders guardianship pursuant to this section, new text end the court 21.12shall retain jurisdiction in a case where adoption is the intended permanent placement 21.13disposition until the child's adoption is finalized, the child is 18 years of age, or, for 21.14children in foster care beyond age 18 pursuant to section , until the individual 21.15becomes 21 years of age according to the provisions set forth in sections , 21.16subdivision 6, and . The guardian ad litem and counsel for the child shall 21.17continue on the case until an adoption decree is entered. An in-court appearance hearing 21.18must be held every 90 days following termination of parental rights for the court to review 21.19progress toward an adoptive placement and the specific recruitment efforts the agency 21.20has taken to find an adoptive family or other placement living arrangement for the child 21.21and to finalize the adoption or other permanency plan. new text begin Review of the progress toward new text end 21.22 new text begin adoption of a child under guardianship of the commissioner of human services shall be new text end 21.23 new text begin conducted according to section 260C.607. new text end 21.24    (c) The responsible social services agency may make a determination of compelling 21.25reasons for a child to be in long-term foster care when the agency has made exhaustive 21.26efforts to recruit, identify, and place the child in an adoptive home, and the child continues 21.27in foster care for at least 24 months after the court has issued the order terminating 21.28parental rights. A child of any age who is under the guardianship of the commissioner of 21.29the Department of Human Services and is legally available for adoption may not refuse 21.30or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the 21.31child in an adoptive home required under paragraph (b) or sign a document relieving 21.32county social services agencies of all recruitment efforts on the child's behalf. Upon 21.33approving the agency's determination of compelling reasons, the court may order the child 21.34placed in long-term foster care. At least every 12 months thereafter as long as the child 21.35continues in out-of-home placement, the court shall conduct an in-court permanency 22.1review hearing to determine the future status of the child using the review requirements of 22.2section 260C.201, subdivision 11, paragraph (g). 22.3    (d) new text begin Upon terminating parental rights or upon a parent's consent to adoption new text end 22.4 new text begin under section 260C.201, subdivision 11, resulting in an order for guardianship to the new text end 22.5 new text begin commissioner of human services, new text end the court shall retain jurisdiction new text begin : new text end 22.6 new text begin (1) until the child is adopted; new text end 22.7 new text begin (2) new text end through the child's minority in a case where long-term new text begin ; or new text end 22.8 new text begin (3) new text end new text begin as long as the child continues in or reenters new text end foster care is the permanent 22.9disposition whether under paragraph (c) or section 260C.201, subdivision 11, or, for 22.10children in foster care age 18 or older under section , until the individual 22.11becomes 21 years of age according to the provisions in sections 260C.193, subdivision 6, 22.12and 260C.451. 22.13    Sec. 21. Minnesota Statutes 2010, section 260C.317, subdivision 4, is amended to read: 22.14    Subd. 4. Rights of terminated parent. new text begin (a) new text end Upon entry of an order terminating the 22.15parental rights of any person who is identified as a parent on the original birth record of 22.16the child as to whom the parental rights are terminated, the court shall cause written 22.17notice to be made to that person setting forth: 22.18(1) the right of the person to file at any time with the state registrar of vital statistics 22.19a consent to disclosure, as defined in section 144.212, subdivision 11; 22.20(2) the right of the person to file at any time with the state registrar of vital statistics 22.21an affidavit stating that the information on the original birth record shall not be disclosed 22.22as provided in section 144.2252; and 22.23(3) the effect of a failure to file either a consent to disclosure, as defined in section 22.24144.212, subdivision 11 , or an affidavit stating that the information on the original birth 22.25record shall not be disclosed. 22.26 new text begin (b) A parent whose rights are terminated under this section shall retain the ability to new text end 22.27 new text begin enter into a contact or communication agreement under section 260C.619 if an agreement new text end 22.28 new text begin is determined by the court to be in the best interests of the child. The agreement shall be new text end 22.29 new text begin filed with the court at or prior to the time the child is adopted. An order for termination of new text end 22.30 new text begin parental rights shall not be conditioned on an agreement under section 260C.619. new text end 22.31    Sec. 22. Minnesota Statutes 2010, section 260C.325, subdivision 1, is amended to read: 22.32    Subdivision 1. Transfer of custody new text begin Guardianship new text end . (a) If new text begin When new text end the court terminates 22.33parental rights of both parents or of the only known living new text begin legal new text end parent, the court shall 22.34order the guardianship and the legal custody of the child transferred to: 23.1    (1) the commissioner of human services; 23.2    (2) a licensed child-placing agency; or 23.3    (3) an individual who is willing and capable of assuming the appropriate duties 23.4and responsibilities to the child. 23.5    (b) The court shall order transfer of guardianship and legal custody of a child to 23.6the commissioner of human services only when the responsible county social services 23.7agency had legal responsibility for planning for the permanent placement of the child and 23.8the child was in foster care under the legal responsibility of the responsible county social 23.9services agency at the time the court orders guardianship and legal custody transferred to 23.10the commissioner. new text begin The court shall not order guardianship to the commissioner under any new text end 23.11 new text begin other circumstances, except as provided in subdivision 3. new text end 23.12    Sec. 23. Minnesota Statutes 2010, section 260C.325, subdivision 3, is amended to read: 23.13    Subd. 3. Both parents deceased. (a) If upon petition to the juvenile court new text begin for new text end 23.14 new text begin guardianship new text end by a reputable person, including but not limited to an new text begin the responsible social new text end 23.15 new text begin services agency as new text end agent of the commissioner of human services, and upon hearing in 23.16the manner provided in section 260C.163, the court finds that both parents or the only 23.17known legal parent are or is deceased and no appointment has been made or petition for 23.18appointment filed pursuant to sections 524.5-201 to 524.5-317, the court shall order the 23.19guardianship and legal custody of the child transferred to: 23.20    (1) the commissioner of human services; new text begin or new text end 23.21    (2) a licensed child-placing agency; or 23.22    (3) new text begin (2) new text end an individual who is willing and capable of assuming the appropriate duties 23.23and responsibilities to the child. 23.24    (b) The court shall order transfer of guardianship and legal custody of a child to the 23.25commissioner of human services only if there is no individual who is willing and capable 23.26of assuming the appropriate duties and responsibilities to the child. 23.27    Sec. 24. Minnesota Statutes 2010, section 260C.325, subdivision 4, is amended to read: 23.28    Subd. 4. Guardian's responsibilities. (a) A guardian appointed under the 23.29provisions of this section has legal custody of a ward unless the court which appoints 23.30the guardian gives legal custody to some other person. If the court awards custody to a 23.31person other than the guardian, the guardian nonetheless has the right and responsibility of 23.32reasonable visitation, except as limited by court order. new text begin the child and the right to visit the new text end 23.33 new text begin child in foster care, the adoptive placement, or any other suitable setting at any time prior new text end 23.34 new text begin to finalization of the adoption of the child. When the child is under the guardianship of the new text end 24.1 new text begin commissioner, the responsible social services agency, as agent of the commissioner, has new text end 24.2 new text begin the right to visit the child. new text end 24.3(b) new text begin When the guardian is a licensed child-placing agency, new text end the guardian may new text begin shall new text end 24.4make new text begin all new text end major decisions affecting the person of the ward new text begin child new text end , including new text begin , new text end but not limited 24.5to new text begin , new text end giving consent new text begin , new text end (when consent is legally required) new text begin , new text end to the marriage, enlistment in 24.6the armed forces, medical, surgical, or psychiatric treatment, or adoption of the ward new text begin new text end 24.7 new text begin child new text end . When, pursuant to this section, the commissioner of human services is appointed 24.8guardian, the commissioner may delegate to the responsible social services agency of 24.9the county in which, after the appointment, the ward resides, the authority to act for the 24.10commissioner in decisions affecting the person of the ward, including but not limited 24.11to giving consent to the marriage, enlistment in the armed forces, medical, surgical, or 24.12psychiatric treatment of the ward. 24.13 new text begin (c) When the commissioner is appointed guardian, the duties of the commissioner of new text end 24.14 new text begin human services are established under sections 260C.601 to 260C.635. new text end 24.15(c) new text begin (d) new text end A guardianship created under the provisions of this section shall not of itself 24.16include the guardianship of the estate of the ward new text begin child new text end . 24.17 new text begin (e) The commissioner of human services, through the responsible social services new text end 24.18 new text begin agency, or a licensed child-placing agency who is a guardian or who has authority and new text end 24.19 new text begin responsibility for planning for the adoption of the child under section 259.25 or 259.47, new text end 24.20 new text begin has the duty to make reasonable efforts to finalize the adoption of the child. new text end 24.21    Sec. 25. Minnesota Statutes 2010, section 260C.328, is amended to read: 24.22260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP. 24.23 new text begin (a) new text end Upon its own motion or upon petition of an interested party, the juvenile court 24.24having jurisdiction of the child may, after notice to the parties and a hearing, remove 24.25the guardian appointed by the juvenile court and appoint a new guardian in accordance 24.26with the provisions of section 260C.325, subdivision 1 new text begin . new text end , clause (a), (b), or (c). Upon a 24.27showing that the child is emancipated, the court may discharge the guardianship. Any 24.28child 14 years of age or older who is not adopted but who is placed in a satisfactory foster 24.29home, may, with the consent of the foster parents, join with the guardian appointed by the 24.30juvenile court in a petition to the court having jurisdiction of the child to discharge the 24.31existing guardian and appoint the foster parents as guardians of the child. 24.32 new text begin (b) new text end The authority of a guardian appointed by the juvenile court terminates when the 24.33individual under guardianship is no longer a minor or when guardianship is otherwise 24.34discharged. new text begin becomes age 18. However, an individual who has been under the guardianship new text end 24.35 new text begin of the commissioner and who has not been adopted may continue in foster care or reenter new text end 25.1 new text begin foster care pursuant to section 260C.451 and the responsible social services agency has new text end 25.2 new text begin continuing legal responsibility for the placement of the individual. new text end 25.3    Sec. 26. new text begin [260C.601] ADOPTION OF CHILDREN UNDER GUARDIANSHIP new text end 25.4 new text begin OF COMMISSIONER. new text end 25.5     new text begin Subdivision 1. new text end new text begin Review and finalization requirements; adoption procedures. new text end new text begin (a) new text end 25.6 new text begin Sections 260C.601 to 260C.635 establish: new text end 25.7 new text begin (1) the requirements for court review of children under the guardianship of the new text end 25.8 new text begin commissioner; and new text end 25.9 new text begin (2) procedures for timely finalizing adoptions in the best interests of children under new text end 25.10 new text begin the guardianship of the commissioner. new text end 25.11 new text begin (b) Adoption proceedings for children not under the guardianship of the new text end 25.12 new text begin commissioner are governed by chapter 259. new text end 25.13     new text begin Subd. 2. new text end new text begin Duty of responsible agency. new text end new text begin The responsible social services agency has new text end 25.14 new text begin the duty to act as the commissioner's agent in making reasonable efforts to finalize the new text end 25.15 new text begin adoption of all children under the guardianship of the commissioner pursuant to section new text end 25.16 new text begin 260C.325. In implementing these duties, the agency shall ensure that: new text end 25.17 new text begin (1) the best interests of the child are met in the planning and granting of adoptions; new text end 25.18 new text begin (2) a child under the guardianship of the commissioner is appropriately involved new text end 25.19 new text begin in planning for adoption; new text end 25.20 new text begin (3) the diversity of Minnesota's population and diverse needs including culture, new text end 25.21 new text begin religion, and language of persons affected by adoption are recognized and respected; and new text end 25.22 new text begin (4) the court has the timely information it needs to make a decision that is in the best new text end 25.23 new text begin interests of the child in reviewing the agency's planning for adoption and when ordering new text end 25.24 new text begin the adoption of the child. new text end 25.25     new text begin Subd. 3. new text end new text begin Background study. new text end new text begin Consistent with section 245C.33 and United States new text end 25.26 new text begin Code, title 42, section 671, a completed background study is required before the adoptive new text end 25.27 new text begin placement of the child in a related or an unrelated home. new text end 25.28    Sec. 27. new text begin [260C.603] DEFINITIONS. new text end 25.29     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For the purposes of sections 260C.601 to 260C.635, the terms new text end 25.30 new text begin defined in this section have the meanings given them. new text end 25.31     new text begin Subd. 2. new text end new text begin Adopting parent. new text end new text begin "Adopting parent" means an adult who has signed new text end 25.32 new text begin an adoption placement agreement regarding the child and has the same meaning as new text end 25.33 new text begin preadoptive parent under section 259A.01, subdivision 23. new text end 26.1     new text begin Subd. 3. new text end new text begin Adoption placement agreement. new text end new text begin "Adoption placement agreement" means new text end 26.2 new text begin the written agreement between the responsible social services agency, the commissioner, new text end 26.3 new text begin and the adopting parent which reflects the intent of all the signatories to the agreement that new text end 26.4 new text begin the adopting parent establish a parent and child relationship by adoption with the child new text end 26.5 new text begin who is under the guardianship of the commissioner. The adoptive placement agreement new text end 26.6 new text begin must be in the commissioner's designated format. new text end 26.7     new text begin Subd. 4. new text end new text begin Adoptive parent. new text end new text begin "Adoptive parent" has the meaning given in section new text end 26.8 new text begin 259A.01, subdivision 3. new text end 26.9     new text begin Subd. 5. new text end new text begin Adoptive placement. new text end new text begin "Adoptive placement" means a placement made by new text end 26.10 new text begin the responsible social services agency upon a fully executed adoption placement agreement new text end 26.11 new text begin including the signatures of the adopting parent, the responsible social services agency, and new text end 26.12 new text begin the commissioner of human services according to section 260C.613, subdivision 1. new text end 26.13     new text begin Subd. 6. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of human new text end 26.14 new text begin services or any employee of the Department of Human Services to whom the commissioner new text end 26.15 new text begin has delegated authority regarding children under the commissioner's guardianship. new text end 26.16     new text begin Subd. 7. new text end new text begin Guardianship. new text end new text begin "Guardianship" has the meaning given in section 259A.01, new text end 26.17 new text begin subdivision 17; 260C.325; or 260C.515, subdivision 3. new text end 26.18     new text begin Subd. 8. new text end new text begin Prospective adoptive parent. new text end new text begin "Prospective adoptive parent" means an new text end 26.19 new text begin individual who may become an adopting parent regardless of whether the individual new text end 26.20 new text begin has an adoption study approving the individual for adoption, but who has not signed an new text end 26.21 new text begin adoption placement agreement. new text end 26.22    Sec. 28. new text begin [260C.605] REASONABLE EFFORTS TO FINALIZE AN ADOPTION. new text end 26.23     new text begin Subdivision 1. new text end new text begin Requirements. new text end new text begin (a) Reasonable efforts to finalize the adoption of a new text end 26.24 new text begin child under the guardianship of the commissioner shall be made by the responsible social new text end 26.25 new text begin services agency responsible for permanency planning for the child. new text end 26.26 new text begin (b) Reasonable efforts to make a placement in a home according to the placement new text end 26.27 new text begin considerations under section 260C.212, subdivision 2, with a relative or foster parent new text end 26.28 new text begin who will commit to being the permanent resource for the child in the event the child new text end 26.29 new text begin cannot be reunified with a parent are required under section 260.012 and may be made new text end 26.30 new text begin concurrently with reasonable, or if the child is an Indian child, active efforts to reunify new text end 26.31 new text begin the child with the parent. new text end 26.32 new text begin (c) Reasonable efforts under paragraph (b) must begin as soon as possible when the new text end 26.33 new text begin child is in foster care under this chapter, but not later than the hearing required under new text end 26.34 new text begin section 260C.204. new text end 26.35 new text begin (d) Reasonable efforts to finalize the adoption of the child include: new text end 27.1 new text begin (1) using age-appropriate engagement strategies to plan for adoption with the child; new text end 27.2 new text begin (2) identifying an appropriate prospective adoptive parent for the child by updating new text end 27.3 new text begin the child's identified needs using the factors in section 260C.212, subdivision 2; new text end 27.4 new text begin (3) making an adoptive placement that meets the child's needs by: new text end 27.5 new text begin (i) completing or updating the relative search required under section 260C.221 and new text end 27.6 new text begin giving notice of the need for an adoptive home for the child to: new text end 27.7 new text begin (A) relatives who have kept the agency or the court apprised of their whereabouts new text end 27.8 new text begin and who have indicated an interest in adopting the child; or new text end 27.9 new text begin (B) relatives of the child who are located in an updated search; new text end 27.10 new text begin (ii) an updated search is required whenever: new text end 27.11 new text begin (A) there is no identified prospective adoptive placement for the child new text end 27.12 new text begin notwithstanding a finding by the court that the agency made diligent efforts under section new text end 27.13 new text begin 260C.221, in a hearing required under section 260C.202; new text end 27.14 new text begin (B) the child is removed from the home of an adopting parent; or new text end 27.15 new text begin (C) the court determines a relative search by the agency is in the best interests of new text end 27.16 new text begin the child; new text end 27.17 new text begin (iii) engaging child's foster parent and the child's relatives identified as an adoptive new text end 27.18 new text begin resource during the search conducted under section 260C.221, to commit to being the new text end 27.19 new text begin prospective adoptive parent of the child; or new text end 27.20 new text begin (iv) when there is no identified prospective adoptive parent: new text end 27.21 new text begin (A) registering the child on the state adoption exchange as required in section 259.75 new text end 27.22 new text begin unless the agency documents to the court an exception to placing the child on the state new text end 27.23 new text begin adoption exchange reported to the commissioner; new text end 27.24 new text begin (B) reviewing all families with approved adoption home studies associated with the new text end 27.25 new text begin responsible social services agency; new text end 27.26 new text begin (C) presenting the child to adoption agencies and adoption personnel who may assist new text end 27.27 new text begin with finding an adoptive home for the child; new text end 27.28 new text begin (D) using newspapers and other media to promote the particular child; new text end 27.29 new text begin (E) using a private agency under grant contract with the commissioner to provide new text end 27.30 new text begin adoption services for intensive child-specific recruitment efforts; and new text end 27.31 new text begin (F) making any other efforts or using any other resources reasonably calculated to new text end 27.32 new text begin identify a prospective adoption parent for the child; new text end 27.33 new text begin (4) updating and completing the social and medical history required under sections new text end 27.34 new text begin 259.43 and 260C.609; new text end 27.35 new text begin (5) making, and keeping updated, appropriate referrals required by section 260.851, new text end 27.36 new text begin the Interstate Compact on the Placement of Children; new text end 28.1 new text begin (6) giving notice regarding the responsibilities of an adoptive parent to any new text end 28.2 new text begin prospective adoptive parent as required under section 259.35; new text end 28.3 new text begin (7) offering the adopting parent the opportunity to apply for or decline adoption new text end 28.4 new text begin assistance under chapter 259A; new text end 28.5 new text begin (8) certifying the child for adoption assistance, assessing the amount of adoption new text end 28.6 new text begin assistance, and ascertaining the status of the commissioner's decision on the level of new text end 28.7 new text begin payment if the adopting parent has applied for adoption assistance; new text end 28.8 new text begin (9) placing the child with siblings. If the child is not placed with siblings, the agency new text end 28.9 new text begin must document reasonable efforts to place the siblings together, as well as the reason for new text end 28.10 new text begin separation. The agency may not cease reasonable efforts to place siblings together for final new text end 28.11 new text begin adoption until the court finds further reasonable efforts would be futile or that placement new text end 28.12 new text begin together for purposes of adoption is not in the best interests of one of the siblings; and new text end 28.13 new text begin (10) working with the adopting parent to file a petition to adopt the child and with new text end 28.14 new text begin the court administrator to obtain a timely hearing to finalize the adoption. new text end 28.15     new text begin Subd. 2. new text end new text begin No waiver. new text end new text begin (a) The responsible social services agency shall make new text end 28.16 new text begin reasonable efforts to recruit, assess, and match an adoptive home for any child under new text end 28.17 new text begin the guardianship of the commissioner and reasonable efforts shall continue until an new text end 28.18 new text begin adoptive placement is made and adoption finalized or until the child is no longer under the new text end 28.19 new text begin guardianship of the commissioner. new text end 28.20 new text begin (b) A child of any age who is under the guardianship of the commissioner and is new text end 28.21 new text begin legally available for adoption may not refuse or waive the responsible social services new text end 28.22 new text begin agency's reasonable efforts to recruit, identify, and place the child in an adoptive home new text end 28.23 new text begin required under this section. The agency has an ongoing responsibility to work with the new text end 28.24 new text begin child to explore the child's opportunities for adoption, and what adoption means for the new text end 28.25 new text begin child, and may not accept a child's refusal to consider adoption as an option. new text end 28.26 new text begin (c) The court may not relieve or otherwise order the responsible social services new text end 28.27 new text begin agency to cease fulfilling the responsible social services agency's duty regarding new text end 28.28 new text begin reasonable efforts to recruit, identify, and place the child in an adoptive home. new text end 28.29    Sec. 29. new text begin [260C.607] REVIEW OF PROGRESS TOWARD ADOPTION. new text end 28.30     new text begin Subdivision 1. new text end new text begin Review hearings. new text end new text begin (a) The court shall conduct a review of the new text end 28.31 new text begin responsible social services agency's reasonable efforts to finalize adoption for any child new text end 28.32 new text begin under the guardianship of the commissioner and of the progress of the case toward new text end 28.33 new text begin adoption at least every 90 days after the court issues an order that the commissioner is new text end 28.34 new text begin the guardian of the child. new text end 29.1 new text begin (b) The review of progress toward adoption shall continue notwithstanding that an new text end 29.2 new text begin appeal is made of the order for guardianship. new text end 29.3 new text begin (c) The agency's reasonable efforts to finalize the adoption must continue during the new text end 29.4 new text begin pendency of the appeal and all progress toward adoption shall continue except that the new text end 29.5 new text begin court may not finalize an adoption while the appeal is pending. new text end 29.6     new text begin Subd. 2. new text end new text begin Notice. new text end new text begin Notice of review hearings shall be given by the court to: new text end 29.7 new text begin (1) the responsible social services agency; new text end 29.8 new text begin (2) the child, if the child is age ten and older; new text end 29.9 new text begin (3) the child's guardian ad litem; new text end 29.10 new text begin (4) relatives of the child who have kept the court informed of their whereabouts new text end 29.11 new text begin as required in section 260C.221 and who have responded to the agency's notice under new text end 29.12 new text begin section 260C.221, indicating a willingness to provide an adoptive home for the child new text end 29.13 new text begin unless the relative has been previously ruled out by the court as a suitable foster parent or new text end 29.14 new text begin permanency resource for the child; new text end 29.15 new text begin (5) the current foster or adopting parent of the child; new text end 29.16 new text begin (6) any foster or adopting parents of siblings of the child; and new text end 29.17 new text begin (7) the Indian child's tribe. new text end 29.18     new text begin Subd. 3. new text end new text begin Right to participate. new text end new text begin Any individual or entity listed in subdivision 2 may new text end 29.19 new text begin participate in the continuing reviews conducted under this section. No other individual new text end 29.20 new text begin or entity is required to be given notice or to participate in the reviews unless the court new text end 29.21 new text begin specifically orders that notice be given or participation in the reviews be required. new text end 29.22     new text begin Subd. 4. new text end new text begin Content of review. new text end new text begin (a) The court shall review: new text end 29.23 new text begin (1) the agency's reasonable efforts under section 260C.605 to finalize an adoption new text end 29.24 new text begin for the child as appropriate to the stage of the case; and new text end 29.25 new text begin (2) the child's current out-of-home placement plan required under section 260C.212, new text end 29.26 new text begin subdivision 1, to ensure the child is receiving all services and supports required to meet new text end 29.27 new text begin the child's needs as they relate to the child's: new text end 29.28 new text begin (i) placement; new text end 29.29 new text begin (ii) visitation and contact with siblings; new text end 29.30 new text begin (iii) visitation and contact with relatives; new text end 29.31 new text begin (iv) medical, mental, and dental health; and new text end 29.32 new text begin (v) education. new text end 29.33 new text begin (b) When the child is age 16 and older, and as long as the child continues in foster new text end 29.34 new text begin care, the court shall also review the agency's planning for the child's independent living new text end 29.35 new text begin after leaving foster care including how the agency is meeting the requirements of section new text end 30.1 new text begin 260C.212, subdivision 1, paragraph (c), clause (11). The court shall use the review new text end 30.2 new text begin requirements of section 260C.203, in any review conducted under this paragraph. new text end 30.3     new text begin Subd. 5. new text end new text begin Required placement by responsible social services agency. new text end new text begin (a) No new text end 30.4 new text begin petition for adoption shall be filed for a child under the guardianship of the commissioner new text end 30.5 new text begin unless the child sought to be adopted has been placed for adoption with the adopting new text end 30.6 new text begin parent by the responsible social services agency. The court may order the agency to make new text end 30.7 new text begin an adoptive placement using standards and procedures under subdivision 6. new text end 30.8 new text begin (b) Any relative or the child's foster parent who believes the responsible agency new text end 30.9 new text begin has not reasonably considered their request to be considered for adoptive placement as new text end 30.10 new text begin required under section 260C.212, subdivision 2, and who wants to be considered for new text end 30.11 new text begin adoptive placement of the child shall bring their request for consideration to the attention new text end 30.12 new text begin of the court during a review required under this section. The child's guardian ad litem and new text end 30.13 new text begin the child may also bring a request for a relative or the child's foster parent to be considered new text end 30.14 new text begin for adoptive placement. After hearing from the agency, the court may order the agency to new text end 30.15 new text begin take appropriate action regarding the relative's or foster parent's request for consideration new text end 30.16 new text begin under section 260C.212, subdivision 2, paragraph (b). new text end 30.17     new text begin Subd. 6. new text end new text begin Motion and hearing to order adoptive placement. new text end new text begin (a) At any time after new text end 30.18 new text begin the district court orders the child under the guardianship of the commissioner of human new text end 30.19 new text begin services, but not later than 30 days after receiving notice required under section 260C.613, new text end 30.20 new text begin subdivision 1, paragraph (c), that the agency has made an adoptive placement, a relative new text end 30.21 new text begin or the child's foster parent may file a motion for an order for adoptive placement of a new text end 30.22 new text begin child who is under the guardianship of the commissioner if the relative or the child's new text end 30.23 new text begin foster parent: new text end 30.24 new text begin (1) has an adoption home study under section 259.41 approving the relative or foster new text end 30.25 new text begin parent for adoption and has been a resident of Minnesota for at least six months before new text end 30.26 new text begin filing the motion; the court may waive the residency requirement for the moving party new text end 30.27 new text begin if there is a reasonable basis to do so; or new text end 30.28 new text begin (2) is not a resident of Minnesota, but has an approved adoption home study by new text end 30.29 new text begin an agency licensed or approved to complete an adoption home study in the state of the new text end 30.30 new text begin individual's residence and the study is filed with the motion for adoptive placement. new text end 30.31 new text begin (b) The motion shall be filed with the court conducting reviews of the child's new text end 30.32 new text begin progress toward adoption under this section. The motion and supporting documents must new text end 30.33 new text begin make a prima facie showing that the agency has been unreasonable in failing to make the new text end 30.34 new text begin requested adoptive placement. The motion must be served according to the requirements new text end 30.35 new text begin for motions under the Minnesota Rules of Juvenile Protection Procedure and shall be new text end 30.36 new text begin made on all individuals and entities listed in subdivision 2. new text end 31.1 new text begin (c) If the motion and supporting documents do not make a prima facie showing for new text end 31.2 new text begin the court to determine whether the agency has been unreasonable in failing to make the new text end 31.3 new text begin requested adoptive placement, the court shall dismiss the motion. If the court determines a new text end 31.4 new text begin prima facie basis is made, the court shall set the matter for evidentiary hearing. new text end 31.5 new text begin (d) At the evidentiary hearing the responsible social services agency shall proceed new text end 31.6 new text begin first with evidence about the reason for not making the adoptive placement proposed by the new text end 31.7 new text begin moving party. The moving party then has the burden of proving by a preponderance of the new text end 31.8 new text begin evidence that the agency has been unreasonable in failing to make the adoptive placement. new text end 31.9 new text begin (e) At the conclusion of the evidentiary hearing, if the court finds that the agency new text end 31.10 new text begin has been unreasonable in failing to make the adoptive placement and that the relative or new text end 31.11 new text begin the child's foster parent is the most suitable adoptive home to meet the child's needs new text end 31.12 new text begin using the factors in section 260C.212, subdivision 2, paragraph (b), the court may order new text end 31.13 new text begin the responsible social services agency to make an adoptive placement in the home of the new text end 31.14 new text begin relative or the child's foster parent. new text end 31.15     new text begin (f) If, in order to ensure that a timely adoption may occur, the court orders the new text end 31.16 new text begin responsible social services agency to make an adoptive placement under this subdivision, new text end 31.17 new text begin the agency shall: new text end 31.18     new text begin (1) make reasonable efforts to obtain a fully executed adoption placement agreement; new text end 31.19     new text begin (2) work with the moving party regarding eligibility for adoption assistance as new text end 31.20 new text begin required under chapter 259A; and new text end 31.21     new text begin (3) if the moving party is not a resident of Minnesota, timely refer the matter for new text end 31.22 new text begin approval of the adoptive placement through the Interstate Compact on the Placement of new text end 31.23 new text begin Children. new text end 31.24 new text begin (g) Denial or granting of a motion for an order for adoptive placement after an new text end 31.25 new text begin evidentiary hearing is an order which may be appealed by the responsible social services new text end 31.26 new text begin agency, the moving party, the child, when age ten or over, the child's guardian ad litem, new text end 31.27 new text begin and any individual who had a fully executed adoption placement agreement regarding new text end 31.28 new text begin the child at the time the motion was filed if the court's order has the effect of terminating new text end 31.29 new text begin the adoption placement agreement. An appeal shall be conducted according to the new text end 31.30 new text begin requirements of the Rules of Juvenile Protection Procedure. new text end 31.31     new text begin Subd. 7. new text end new text begin Changing adoptive plan when parent has consented to adoption. new text end 31.32 new text begin When the child's parent has consented to adoption under section 260C.515, subdivision 3, new text end 31.33 new text begin only the person identified by the parent and agreed to by the agency as the prospective new text end 31.34 new text begin adoptive parent qualifies for adoptive placement of the child until the responsible social new text end 31.35 new text begin services agency has reported to the court and the court has found in a hearing under this new text end 31.36 new text begin section that it is not possible to finalize an adoption by the identified prospective adoptive new text end 32.1 new text begin parent within 12 months of the execution of the consent to adopt under section 260C.515, new text end 32.2 new text begin subdivision 3, unless the responsible social services agency certifies that the failure to new text end 32.3 new text begin finalize is not due to either an action or a failure to act by the prospective adoptive parent. new text end 32.4     new text begin Subd. 8. new text end new text begin Timing modified. new text end new text begin (a) The court may review the responsible social services new text end 32.5 new text begin agency's reasonable efforts to finalize an adoption more frequently than every 90 days new text end 32.6 new text begin whenever a more frequent review would assist in finalizing the adoption. new text end 32.7 new text begin (b) In appropriate cases, the court may review the responsible social services new text end 32.8 new text begin agency's reasonable efforts to finalize an adoption less frequently than every 90 days. The new text end 32.9 new text begin court shall not find it appropriate to review progress toward adoption less frequently new text end 32.10 new text begin than every 90 days except when: new text end 32.11 new text begin (1) the court has approved the agency's reasonable efforts to recruit, identify, and new text end 32.12 new text begin place the child in an adoptive home on a continuing basis for at least 24 months after the new text end 32.13 new text begin court has issued the order for guardianship; new text end 32.14 new text begin (2) the child is at least 16 years old; and new text end 32.15 new text begin (3) the child's guardian ad litem agrees that review less frequently than every 90 new text end 32.16 new text begin days is in the child's best interests. new text end 32.17 new text begin (c) In no event shall the court's review be less frequent than every six months. new text end 32.18    Sec. 30. new text begin [260C.609] SOCIAL AND MEDICAL HISTORY. new text end 32.19 new text begin (a) The responsible social services agency shall work with the birth family of the new text end 32.20 new text begin child, foster family, medical and treatment providers, and the child's school to ensure there new text end 32.21 new text begin is a detailed, thorough, and currently up-to-date social and medical history of the child as new text end 32.22 new text begin required under section 259.43 on the forms required by the commissioner. new text end 32.23 new text begin (b) When the child continues in foster care, the agency's reasonable efforts to new text end 32.24 new text begin complete the history shall begin no later than the permanency progress review hearing new text end 32.25 new text begin required under section 260C.204 or six months after the child's placement in foster care. new text end 32.26 new text begin (c) The agency shall thoroughly discuss the child's history with the adopting parent new text end 32.27 new text begin of the child and shall give a copy of the report of the child's social and medical history new text end 32.28 new text begin to the adopting parent. A copy of the child's social and medical history may also be new text end 32.29 new text begin given to the child as appropriate. new text end 32.30 new text begin (d) The report shall not include information that identifies birth relatives. Redacted new text end 32.31 new text begin copies of all the child's relevant evaluations, assessments, and records must be attached new text end 32.32 new text begin to the social and medical history. new text end 32.33    Sec. 31. new text begin [260C.611] ADOPTION STUDY REQUIRED. new text end 33.1 new text begin An adoption study under section 259.41 approving placement of the child in the new text end 33.2 new text begin home of the prospective adoptive parent shall be completed before placing any child new text end 33.3 new text begin under the guardianship of the commissioner in a home for adoption. If a prospective new text end 33.4 new text begin adoptive parent has previously held a foster care license or adoptive home study, any new text end 33.5 new text begin update necessary to the foster care license, or updated or new adoptive home study, if not new text end 33.6 new text begin completed by the licensing authority responsible for the previous license or home study, new text end 33.7 new text begin shall include collateral information from the previous licensing or approving agency, if new text end 33.8 new text begin available. new text end 33.9    Sec. 32. new text begin [260C.613] SOCIAL SERVICES AGENCY AS COMMISSIONER'S new text end 33.10 new text begin AGENT. new text end 33.11     new text begin Subdivision 1. new text end new text begin Adoptive placement decisions. new text end new text begin (a) The responsible social services new text end 33.12 new text begin agency has exclusive authority to make an adoptive placement of a child under the new text end 33.13 new text begin guardianship of the commissioner. The child shall be considered placed for adoption when new text end 33.14 new text begin the adopting parent, the agency, and the commissioner have fully executed an adoption new text end 33.15 new text begin placement agreement on the form prescribed by the commissioner. new text end 33.16 new text begin (b) The responsible social services agency shall use an individualized determination new text end 33.17 new text begin of the child's current needs pursuant to section 260C.212, subdivision 2, paragraph (b), to new text end 33.18 new text begin determine the most suitable adopting parent for the child in the child's best interests. new text end 33.19 new text begin (c) The responsible social services agency shall notify the court and parties entitled new text end 33.20 new text begin to notice under section 260C.607, subdivision 2, when there is a fully executed adoption new text end 33.21 new text begin placement agreement for the child. new text end 33.22 new text begin (d) In the event an adoption placement agreement terminates, the responsible new text end 33.23 new text begin social services agency shall notify the court, the parties entitled to notice under section new text end 33.24 new text begin 260C.607, subdivision 2, and the commissioner that the agreement and the adoptive new text end 33.25 new text begin placement have terminated. new text end 33.26     new text begin Subd. 2. new text end new text begin Disclosure of data permitted to identify adoptive parent. new text end new text begin The new text end 33.27 new text begin responsible social services agency may disclose private data, as defined in section 13.02, to new text end 33.28 new text begin prospective adoptive parents for the purpose of identifying an adoptive parent willing and new text end 33.29 new text begin able to meet the child's needs as outlined in section 260C.212, subdivision 2, paragraph (b). new text end 33.30     new text begin Subd. 3. new text end new text begin Siblings placed together. new text end new text begin The responsible social services agency shall new text end 33.31 new text begin place siblings together for adoption according to section 260.012, paragraph (e), clause new text end 33.32 new text begin (4), unless: new text end 33.33 new text begin (1) the court makes findings required under section 260C.617; and new text end 34.1 new text begin (2) the court orders that the adoption or progress toward adoption of the child under new text end 34.2 new text begin the court's jurisdiction may proceed notwithstanding that the adoption will result in new text end 34.3 new text begin siblings being separated. new text end 34.4     new text begin Subd. 4. new text end new text begin Other considerations. new text end new text begin Placement of a child cannot be delayed or denied new text end 34.5 new text begin based on the race, color, or national origin of the prospective parent or the child. new text end 34.6     new text begin Subd. 5. new text end new text begin Required record keeping. new text end new text begin The responsible social services agency new text end 34.7 new text begin shall document, in the records required to be kept under section 259.79, the reasons new text end 34.8 new text begin for the adoptive placement decision regarding the child, including the individualized new text end 34.9 new text begin determination of the child's needs based on the factors in section 260C.212, subdivision new text end 34.10 new text begin 2, paragraph (b), and the assessment of how the selected adoptive placement meets the new text end 34.11 new text begin identified needs of the child. The responsible social services agency shall retain in the new text end 34.12 new text begin records required to be kept under section 259.79, copies of all out-of-home placement new text end 34.13 new text begin plans made since the child was ordered under guardianship of the commissioner and all new text end 34.14 new text begin court orders from reviews conducted pursuant to section 260C.607. new text end 34.15     new text begin Subd. 6. new text end new text begin Death notification. new text end new text begin (a) The agency shall inform the adoptive parents new text end 34.16 new text begin that the adoptive parents of an adopted child under age 19 or an adopted person age 19 new text end 34.17 new text begin or older may maintain a current address on file with the agency and indicate a desire to new text end 34.18 new text begin be notified if the agency receives information of the death of a birth parent. The agency new text end 34.19 new text begin shall notify birth parents of the child's death and the cause of death, if known, provided new text end 34.20 new text begin that the birth parents desire notice and maintain current addresses on file with the agency. new text end 34.21 new text begin The agency shall inform birth parents entitled to notice under section 259.27, that they new text end 34.22 new text begin may designate individuals to notify the agency if a birth parent dies and that the agency new text end 34.23 new text begin receiving information of the birth parent's death will share the information with adoptive new text end 34.24 new text begin parents, if the adopted person is under age 19, or an adopted person age 19 or older who new text end 34.25 new text begin has indicated a desire to be notified of the death of a birth parent and who maintains new text end 34.26 new text begin a current address on file with the agency. new text end 34.27 new text begin (b) Notice to a birth parent that a child has died or to the adoptive parents or an new text end 34.28 new text begin adopted person age 19 or older that a birth parent has died shall be provided by an new text end 34.29 new text begin employee of the agency through personal and confidential contact, but not by mail. new text end 34.30     new text begin Subd. 7. new text end new text begin Terminal illness notification. new text end new text begin If a birth parent or the child is terminally ill, new text end 34.31 new text begin the responsible social services agency shall inform the adoptive parents and birth parents new text end 34.32 new text begin of a child who is adopted that the birth parents, the adoptive parents of an adopted person new text end 34.33 new text begin under age 19, or an adopted person age 19 or older may request to be notified of the new text end 34.34 new text begin terminal illness. The agency shall notify the other parties if a request is received under new text end 34.35 new text begin this subdivision and upon a party's request the agency shall share information regarding a new text end 34.36 new text begin terminal illness with the adoptive or birth parents or an adopted person age 19 or older. new text end 35.1     new text begin Subd. 8. new text end new text begin Postadoption search services. new text end new text begin The responsible social services agency new text end 35.2 new text begin shall respond to requests from adopted persons age 19 years and over, adoptive parents new text end 35.3 new text begin of a minor child, and birth parents for social and medical history and genetic health new text end 35.4 new text begin conditions of the adopted person's birth family and genetic sibling information according new text end 35.5 new text begin to section 259.83. new text end 35.6    Sec. 33. new text begin [260C.615] DUTIES OF COMMISSIONER. new text end 35.7     new text begin Subdivision 1. new text end new text begin Duties. new text end new text begin (a) For any child who is under the guardianship of the new text end 35.8 new text begin commissioner, the commissioner has the exclusive rights to consent to: new text end 35.9 new text begin (1) the medical care plan for the treatment of a child who is at imminent risk of death new text end 35.10 new text begin or who has a chronic disease that, in a physician's judgment, will result in the child's death new text end 35.11 new text begin in the near future including a physician's order not to resuscitate or intubate the child; and new text end 35.12 new text begin (2) the child donating a part of the child's body to another person while the child is new text end 35.13 new text begin living; the decision to donate a body part under this clause shall take into consideration new text end 35.14 new text begin the child's wishes and the child's culture. new text end 35.15 new text begin (b) In addition to the exclusive rights under paragraph (a), the commissioner has new text end 35.16 new text begin a duty to: new text end 35.17 new text begin (1) process any complete and accurate request for home study and placement new text end 35.18 new text begin through the Interstate Compact on the Placement of Children under section 260.851; new text end 35.19 new text begin (2) process any complete and accurate application for adoption assistance forwarded new text end 35.20 new text begin by the responsible social services agency according to chapter 259A; new text end 35.21 new text begin (3) complete the execution of an adoption placement agreement forwarded to the new text end 35.22 new text begin commissioner by the responsible social services agency and return it to the agency in a new text end 35.23 new text begin timely fashion; and new text end 35.24 new text begin (4) maintain records as required in chapter 259. new text end 35.25     new text begin Subd. 2. new text end new text begin Duties not reserved. new text end new text begin All duties, obligations, and consents not specifically new text end 35.26 new text begin reserved to the commissioner in this section are delegated to the responsible social new text end 35.27 new text begin services agency. new text end 35.28    Sec. 34. new text begin [260C.617] SIBLING PLACEMENT. new text end 35.29 new text begin (a) The responsible social services agency shall make every effort to place siblings new text end 35.30 new text begin together for adoption. new text end 35.31 new text begin (b) The court shall review any proposal by the responsible social services agency to new text end 35.32 new text begin separate siblings for purposes of adoption. new text end 35.33 new text begin (c) If there is venue in more than one county for matters regarding siblings who are new text end 35.34 new text begin under the guardianship of the commissioner, the judges conducting reviews regarding new text end 36.1 new text begin the siblings shall communicate with each other about the siblings' needs and, where new text end 36.2 new text begin appropriate, shall conduct review hearings in a manner that ensures coordinated planning new text end 36.3 new text begin by agencies involved in decision making for the siblings. new text end 36.4 new text begin (d) After notice to the individuals and entities listed in section 260C.627, the foster new text end 36.5 new text begin or prospective adoptive parent of the child, and any foster, adopting, or adoptive parents new text end 36.6 new text begin of the child's siblings, or relatives with permanent legal and physical custody of the new text end 36.7 new text begin child's sibling, and upon hearing, the court may determine that a child under the court's new text end 36.8 new text begin jurisdiction may be separated from the child's sibling for adoption when: new text end 36.9 new text begin (1) the responsible social services agency has made reasonable efforts to place the new text end 36.10 new text begin siblings together, and after finding reasonable efforts have been made, the court finds new text end 36.11 new text begin further efforts would significantly delay the adoption of one or more of the siblings and new text end 36.12 new text begin are therefore not in the best interests of one or more of the siblings; or new text end 36.13 new text begin (2) the court determines it is not in the best interests of one or more of the siblings to new text end 36.14 new text begin be placed together after reasonable efforts by the responsible social services agency to new text end 36.15 new text begin place the siblings together. new text end 36.16    Sec. 35. new text begin [260C.619] COMMUNICATION AND CONTACT AGREEMENTS. new text end 36.17 new text begin (a) An adopting parent and a relative or foster parent of the child may enter into an new text end 36.18 new text begin agreement regarding communication with or contact between the adopted child, adopting new text end 36.19 new text begin parent, and the relative or foster parent. An agreement may be entered between: new text end 36.20 new text begin (1) an adopting parent and a birth parent; new text end 36.21 new text begin (2) an adopting parent and any relative or foster parent with whom the child resided new text end 36.22 new text begin before being adopted; and new text end 36.23 new text begin (3) an adopting parent and the parent or legal custodian of a sibling of the child, if new text end 36.24 new text begin the sibling is a minor, or any adult sibling of the child. new text end 36.25 new text begin (b) An agreement regarding communication with or contact between the child, new text end 36.26 new text begin adoptive parents, and a relative or foster parent, is enforceable when the terms of the new text end 36.27 new text begin agreement are contained in a written court order. The order must be issued before or at the new text end 36.28 new text begin time of the granting of the decree of adoption. The order granting the communication, new text end 36.29 new text begin contact, or visitation shall be filed in the adoption file. new text end 36.30 new text begin (c) The court shall mail a certified copy of the order to the parties to the agreement or new text end 36.31 new text begin their representatives at the addresses provided by the parties to the agreement. Service shall new text end 36.32 new text begin be completed in a manner that maintains the confidentiality of confidential information. new text end 36.33 new text begin (d) The court shall not enter a proposed order unless the terms of the order have been new text end 36.34 new text begin approved in writing by the prospective adoptive parents, the birth relative, the foster new text end 37.1 new text begin parent, or the birth parent or legal custodian of the child's sibling who desires to be a party new text end 37.2 new text begin to the agreement, and the responsible social services agency. new text end 37.3 new text begin (e) An agreement under this section need not disclose the identity of the parties to be new text end 37.4 new text begin legally enforceable and when the identity of the parties to the agreement is not disclosed, new text end 37.5 new text begin data about the identities in the adoption file shall remain confidential. new text end 37.6 new text begin (f) The court shall not enter a proposed order unless the court finds that the new text end 37.7 new text begin communication or contact between the minor adoptee, the adoptive parents, and the new text end 37.8 new text begin relative, foster parents, or siblings as agreed upon and contained in the proposed order, new text end 37.9 new text begin would be in the child's best interests. new text end 37.10 new text begin (g) Failure to comply with the terms of an order regarding communication or contact new text end 37.11 new text begin that has been entered by the court under this section is not grounds for: new text end 37.12 new text begin (1) setting aside an adoption decree; or new text end 37.13 new text begin (2) revocation of a written consent to an adoption after that consent has become new text end 37.14 new text begin irrevocable. new text end 37.15 new text begin (h) An order regarding communication or contact entered under this section may be new text end 37.16 new text begin enforced by filing a motion in the existing adoption file with the court that entered the new text end 37.17 new text begin contact agreement. Any party to the communication or contact order or the child who is new text end 37.18 new text begin the subject of the order has standing to file the motion to enforce the order. The prevailing new text end 37.19 new text begin party may be awarded reasonable attorney fees and costs. new text end 37.20 new text begin (i) The court shall not modify an order under this section unless it finds that the new text end 37.21 new text begin modification is necessary to serve the best interests of the child, and: new text end 37.22 new text begin (1) the modification is agreed to by the parties to the agreement; or new text end 37.23 new text begin (2) exceptional circumstances have arisen since the order was entered that justified new text end 37.24 new text begin modification of the order. new text end 37.25    Sec. 36. new text begin [260C.621] JURISDICTION AND VENUE. new text end 37.26     new text begin Subdivision 1. new text end new text begin Jurisdiction. new text end new text begin (a) The juvenile court has original jurisdiction for all new text end 37.27 new text begin adoption proceedings involving the adoption of a child under the guardianship of the new text end 37.28 new text begin commissioner, including when the commissioner approves the placement of the child new text end 37.29 new text begin through the Interstate Compact on the Placement of Children under section 260.851 for new text end 37.30 new text begin adoption outside the state of Minnesota and an adoption petition is filed in Minnesota. new text end 37.31 new text begin (b) The receiving state also has jurisdiction to conduct an adoption proceeding for a new text end 37.32 new text begin child under the guardianship of the commissioner when the adopting home was approved new text end 37.33 new text begin by the receiving state through the interstate compact. new text end 38.1     new text begin Subd. 2. new text end new text begin Venue. new text end new text begin (a) Venue for the adoption of a child committed to the guardianship new text end 38.2 new text begin of the commissioner of human services shall be the court conducting reviews in the matter new text end 38.3 new text begin according to section 260C.607. new text end 38.4 new text begin (b) Upon request of the responsible social services agency, the court conducting new text end 38.5 new text begin reviews under section 260C.607 may order that filing an adoption petition involving a new text end 38.6 new text begin child under the guardianship of the commissioner be permitted in the county where the new text end 38.7 new text begin adopting parent resides upon determining that: new text end 38.8 new text begin (1) there is no motion for an order for adoptive placement of the child that has been new text end 38.9 new text begin filed or is reasonably anticipated by the responsible social services agency to be filed; and new text end 38.10 new text begin (2) filing the petition in the adopting parent's county of residence will expedite the new text end 38.11 new text begin proceedings and serve the best interests of the child. new text end 38.12 new text begin (c) When the court issues an order under paragraph (b), a copy of the court order new text end 38.13 new text begin shall be filed together with the adoption petition in the court of the adopting parent's new text end 38.14 new text begin county of residence. new text end 38.15 new text begin (d) The court shall notify the court conducting reviews under section 260C.607 when new text end 38.16 new text begin the adoption is finalized so that the court conducting reviews under section 260C.607 may new text end 38.17 new text begin close its jurisdiction and the court record, including the court's electronic case record, in new text end 38.18 new text begin the county conducting the reviews, shall reflect that adoption of the child was finalized. new text end 38.19    Sec. 37. new text begin [260C.623] ADOPTION PETITION. new text end 38.20     new text begin Subdivision 1. new text end new text begin Who may petition. new text end new text begin (a) The responsible social services agency may new text end 38.21 new text begin petition for the adopting parent to adopt a child who is under the guardianship of the new text end 38.22 new text begin commissioner. The petition shall contain or have attached a statement certified by the new text end 38.23 new text begin adopting parent that the adopting parent desires that the relationship of parent and child new text end 38.24 new text begin be established between the adopting parent and the child and that adoption is in the best new text end 38.25 new text begin interests of the child. new text end 38.26 new text begin (b) The adopting parent may petition the court for adoption of the child. new text end 38.27 new text begin (c) An adopting parent must be at least 21 years of age at the time the adoption new text end 38.28 new text begin petition is filed unless the adopting parent is an individual related to the child, as defined new text end 38.29 new text begin by section 245A.02, subdivision 13. new text end 38.30 new text begin (d) The petition may be filed in Minnesota by an adopting parent who resides within new text end 38.31 new text begin or outside the state. new text end 38.32     new text begin Subd. 2. new text end new text begin Time for filing petition. new text end new text begin (a) An adoption petition shall be filed not later new text end 38.33 new text begin than nine months after the date of the fully executed adoption placement agreement unless new text end 38.34 new text begin the court finds that: new text end 39.1 new text begin (1) the time for filing a petition be extended because of the child's special needs new text end 39.2 new text begin as defined under title IV-E of the federal Social Security Act, United States Code, title new text end 39.3 new text begin 42, section 672; or new text end 39.4 new text begin (2) based on a written plan for completing filing of the petition, including a specific new text end 39.5 new text begin timeline, to which the adopting parent has agreed, the time for filing a petition be extended new text end 39.6 new text begin long enough to complete the plan because an extension is in the best interests of the child new text end 39.7 new text begin and additional time is needed for the child to adjust to the adoptive home. new text end 39.8 new text begin (b) If an adoption petition is not filed within nine months of the execution of the new text end 39.9 new text begin adoption placement agreement as required under section 260C.613, subdivision 1, and new text end 39.10 new text begin after giving the adopting parent written notice of its request together with the date and new text end 39.11 new text begin time of the hearing set to consider its report, the responsible social services agency shall new text end 39.12 new text begin file a report requesting an order for one of the following: new text end 39.13 new text begin (1) that the time for filing a petition be extended because of the child's special needs new text end 39.14 new text begin as defined under title IV-E of the federal Social Security Act, United States Code, title new text end 39.15 new text begin 42, section 673; new text end 39.16 new text begin (2) that, based on a written plan for completing filing of the petition, including a new text end 39.17 new text begin specific timeline, to which the adopting parent has agreed, the time for filing a petition can new text end 39.18 new text begin be extended long enough to complete the plan because an extension is in the best interests new text end 39.19 new text begin of the child and additional time is needed for the child to adjust to the adoptive home; or new text end 39.20 new text begin (3) that the child can be removed from the adopting home. new text end 39.21 new text begin (c) At the conclusion of the review, the court shall issue findings, appropriate orders new text end 39.22 new text begin for the parties to take action or steps required to advance the case toward a finalized new text end 39.23 new text begin adoption, and set the date and time for the next review hearing. new text end 39.24     new text begin Subd. 3. new text end new text begin Requirements of petition. new text end new text begin (a) The petition shall be captioned in the legal new text end 39.25 new text begin name of the child as that name is reflected on the child's birth record prior to adoption and new text end 39.26 new text begin shall be entitled "Petition to Adopt Child under the Guardianship of the Commissioner new text end 39.27 new text begin of Human Services." The actual name of the child shall be supplied to the court by the new text end 39.28 new text begin responsible social services agency if unknown to the individual with whom the agency new text end 39.29 new text begin has made the adoptive placement. new text end 39.30 new text begin (b) The adoption petition shall be verified as required in section 260C.141, new text end 39.31 new text begin subdivision 4, and, if filed by the responsible social services agency, signed and approved new text end 39.32 new text begin by the county attorney. new text end 39.33 new text begin (c) The petition shall state: new text end 39.34 new text begin (1) the full name, age, and place of residence of the adopting parent; new text end 39.35 new text begin (2) if the adopting parents are married, the date and place of marriage; new text end 39.36 new text begin (3) the date the adopting parent acquired physical custody of the child; new text end 40.1 new text begin (4) the date of the adoptive placement by the responsible social services agency; new text end 40.2 new text begin (5) the date of the birth of the child, if known, and the county, state, and country new text end 40.3 new text begin where born; new text end 40.4 new text begin (6) the name to be given the child, if a change of name is desired; new text end 40.5 new text begin (7) the description and value of any real or personal property owned by the child; new text end 40.6 new text begin (8) the relationship of the adopting parent to the child prior to adoptive placement, if new text end 40.7 new text begin any; new text end 40.8 new text begin (9) whether the Indian Child Welfare Act does or does not apply; and new text end 40.9 new text begin (10) the name and address of: new text end 40.10 new text begin (i) the child's guardian ad litem; new text end 40.11 new text begin (ii) the adoptee, if age ten or older; new text end 40.12 new text begin (iii) the child's Indian tribe, if the child is an Indian child; and new text end 40.13 new text begin (iv) the responsible social services agency. new text end 40.14 new text begin (d) A petition may ask for the adoption of two or more children. new text end 40.15 new text begin (e) If a petition is for adoption by a married person, both spouses must sign the new text end 40.16 new text begin petition indicating willingness to adopt the child and the petition must ask for adoption by new text end 40.17 new text begin both spouses unless the court approves adoption by only one spouse when spouses do not new text end 40.18 new text begin reside together or for other good cause shown. new text end 40.19 new text begin (f) If the petition is for adoption by a person residing outside the state, the adoptive new text end 40.20 new text begin placement must have been approved by the state where the person is a resident through the new text end 40.21 new text begin Interstate Compact on the Placement of Children, sections 260.851 to 260.92. new text end 40.22     new text begin Subd. 4. new text end new text begin Attachments to the petition. new text end new text begin The following must be filed with the petition: new text end 40.23 new text begin (1) the adoption study report required under section 259.41; new text end 40.24 new text begin (2) the social and medical history required under sections 259.43 and 260C.609; and new text end 40.25 new text begin (3) a document prepared by the petitioner that establishes who must be given notice new text end 40.26 new text begin under section 260C.627, subdivision 1, that includes the names and mailing addresses of new text end 40.27 new text begin those to be served by the court administrator. new text end 40.28    Sec. 38. new text begin [260C.625] DOCUMENTS FILED BY SOCIAL SERVICES AGENCY. new text end 40.29 new text begin (a) The following shall be filed by the responsible social services agency prior to new text end 40.30 new text begin finalization of the adoption: new text end 40.31 new text begin (1) a certified copy of the child's birth record; new text end 40.32 new text begin (2) a certified copy of the findings and order terminating parental rights or order new text end 40.33 new text begin accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for new text end 40.34 new text begin guardianship to the commissioner; new text end 40.35 new text begin (3) a copy of any communication or contact agreement under section 260C.619; new text end 41.1 new text begin (4) certification that the Minnesota Fathers' Adoption Registry has been searched new text end 41.2 new text begin which requirement may be met according to the requirements of the Minnesota Rules of new text end 41.3 new text begin Adoption Procedure, Rule 32.01, subdivision 2; new text end 41.4 new text begin (5) the original of each consent to adoption required, if any, unless the original was new text end 41.5 new text begin filed in the permanency proceeding conducted under section 260C.515, subdivision 3, and new text end 41.6 new text begin the order filed under clause (2) has a copy of the consent attached; and new text end 41.7 new text begin (6) the postplacement assessment report required under section 259.53, subdivision new text end 41.8 new text begin 2. new text end 41.9 new text begin (b) The responsible social services agency shall provide any known aliases of the new text end 41.10 new text begin child to the court. new text end 41.11    Sec. 39. new text begin [260C.627] NOTICE OF ADOPTION PROCEEDINGS. new text end 41.12     new text begin Subdivision 1. new text end new text begin To whom given. new text end new text begin (a) Notice of the adoption proceedings shall not new text end 41.13 new text begin be given to any parent whose rights have been terminated or who has consented to the new text end 41.14 new text begin adoption of the child under this chapter. new text end 41.15 new text begin (b) Notice of the adoption proceedings shall be given to the following: new text end 41.16 new text begin (1) the child's tribe if the child is an Indian child; new text end 41.17 new text begin (2) the responsible social services agency; new text end 41.18 new text begin (3) the child's guardian ad litem; new text end 41.19 new text begin (4) the child, if the child is age ten or over; new text end 41.20 new text begin (5) the child's attorney; and new text end 41.21 new text begin (6) the adopting parent. new text end 41.22 new text begin (c) Notice of a hearing regarding the adoption petition shall have a copy of the new text end 41.23 new text begin petition attached unless service of the petition has already been accomplished. new text end 41.24     new text begin Subd. 2. new text end new text begin Method of service. new text end new text begin Notice of adoption proceedings for a child under the new text end 41.25 new text begin guardianship of the commissioner may be served by United States mail or any other new text end 41.26 new text begin method approved by the Minnesota Rules of Adoption Procedure. new text end 41.27    Sec. 40. new text begin [260C.629] FINALIZATION HEARING. new text end 41.28     new text begin Subdivision 1. new text end new text begin Consent. new text end new text begin (a) A parent whose rights to the child have not been new text end 41.29 new text begin terminated must consent to the adoption of the child. A parent may consent to the adoption new text end 41.30 new text begin of the child under section 260C.515, subdivision 3, and that consent shall be irrevocable new text end 41.31 new text begin upon acceptance by the court except as otherwise provided in section 260C.515, new text end 41.32 new text begin subdivision 3, clause (2)(i). A parent of an Indian child may consent to the adoption of new text end 41.33 new text begin the child according to United States Code, title 25, section 1913, and that consent may be new text end 41.34 new text begin withdrawn for any reason at any time before the entry of a final decree of adoption. new text end 42.1 new text begin (b) When the child to be adopted is age 14 years or older, the child's written consent new text end 42.2 new text begin to adoption by the adopting parent is required. new text end 42.3 new text begin (c) Consent by the responsible social services agency or the commissioner is not new text end 42.4 new text begin required because the adoptive placement has been made by the responsible social services new text end 42.5 new text begin agency. new text end 42.6     new text begin Subd. 2. new text end new text begin Required documents. new text end new text begin In order to issue a decree for adoption and enter new text end 42.7 new text begin judgment accordingly, the court must have the following documents in the record: new text end 42.8 new text begin (1) original birth record of the child; new text end 42.9 new text begin (2) adoption study report including a background study required under section new text end 42.10 new text begin 259.41; new text end 42.11 new text begin (3) a certified copy of the findings and order terminating parental rights or order new text end 42.12 new text begin accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for new text end 42.13 new text begin guardianship to the commissioner; new text end 42.14 new text begin (4) any consents required under subdivision 1; new text end 42.15 new text begin (5) child's social and medical history under section 260C.609; new text end 42.16 new text begin (6) postplacement assessment report required under section 259.53, subdivision 2, new text end 42.17 new text begin unless waived by the court on the record at a hearing under section 260C.607; and new text end 42.18 new text begin (7) report from the child's guardian ad litem. new text end 42.19    Sec. 41. new text begin [260C.631] JUDGMENT AND DECREE. new text end 42.20 new text begin (a) After taking testimony from the responsible social services agency, which may new text end 42.21 new text begin be by telephone or affidavit if the court has transferred venue of the matter to a county new text end 42.22 new text begin not conducting the posttermination of parental rights reviews under section 260C.607, new text end 42.23 new text begin and the adopting parent, if the court finds that it is in the best interests of the child that new text end 42.24 new text begin the petition be granted, a decree of adoption shall be issued ordering that the child to be new text end 42.25 new text begin adopted shall be the child of the adopting parent. In the decree, the court may change the new text end 42.26 new text begin name of the adopted child, if a name change is requested. new text end 42.27 new text begin (b) After the decree is granted, the court administrator shall mail a copy of the decree new text end 42.28 new text begin to the commissioner of human services. new text end 42.29    Sec. 42. new text begin [260C.633] ADOPTION DENIED. new text end 42.30 new text begin (a) If the court is not satisfied that the proposed adoption is in the best interests of new text end 42.31 new text begin the child to be adopted, the court shall deny the petition, and order the responsible social new text end 42.32 new text begin services agency to take appropriate action for the protection and safety of the child. If new text end 42.33 new text begin venue has been transferred under section 260C.621, subdivision 2, the court denying new text end 43.1 new text begin the petition shall notify the court originally conducting the guardianship reviews under new text end 43.2 new text begin section 260C.607. new text end 43.3     new text begin (b) The court responsible for conducting reviews under section 260C.607 shall set a new text end 43.4 new text begin hearing within 30 days of receiving notice of denial of the petition. new text end 43.5     new text begin (c) Any appeal of the denial of an adoption petition under this section shall be made new text end 43.6 new text begin according to the requirements of the Minnesota Rules of Adoption Procedure. new text end 43.7    Sec. 43. new text begin [260C.635] EFFECT OF ADOPTION. new text end 43.8     new text begin Subdivision 1. new text end new text begin Legal effect. new text end new text begin (a) Upon adoption, the adopted child becomes the legal new text end 43.9 new text begin child of the adopting parent and the adopting parent becomes the legal parent of the child new text end 43.10 new text begin with all the rights and duties between them of a birth parent and child. new text end 43.11 new text begin (b) The child shall inherit from the adoptive parent and the adoptive parent's new text end 43.12 new text begin relatives the same as though the child were the birth child of the parent, and in case of the new text end 43.13 new text begin child's death intestate, the adoptive parent and the adoptive parent's relatives shall inherit new text end 43.14 new text begin the child's estate as if the child had been the adoptive parent's birth child. new text end 43.15 new text begin (c) After a decree of adoption is entered, the birth parents or previous legal parents new text end 43.16 new text begin of the child shall be relieved of all parental responsibilities for the child except child new text end 43.17 new text begin support that has accrued to the date of the order for guardianship to the commissioner new text end 43.18 new text begin which continues to be due and owing. The child's birth or previous legal parent shall not new text end 43.19 new text begin exercise or have any rights over the adopted child or the adopted child's property, person, new text end 43.20 new text begin privacy, or reputation. new text end 43.21 new text begin (d) The adopted child shall not owe the birth parents or the birth parent's relatives new text end 43.22 new text begin any legal duty nor shall the adopted child inherit from the birth parents or kindred unless new text end 43.23 new text begin otherwise provided for in a will of the birth parent or kindred. new text end 43.24     new text begin (e) Upon adoption, the court shall complete a certificate of adoption form and mail new text end 43.25 new text begin the form to the Office of the State Registrar at the Minnesota Department of Health. Upon new text end 43.26 new text begin receiving the certificate of adoption, the state registrar shall register a replacement vital new text end 43.27 new text begin record in the new name of the adopted child as required under section 144.218. new text end 43.28     new text begin Subd. 2. new text end new text begin Enrollment in American Indian tribe. new text end new text begin Notwithstanding the provisions new text end 43.29 new text begin of subdivision 1, the adoption of a child whose birth parent or parents are enrolled in an new text end 43.30 new text begin American Indian tribe shall not change the child's enrollment in that tribe. new text end 43.31     new text begin Subd. 3. new text end new text begin Communication or contact agreements. new text end new text begin This section does not prohibit new text end 43.32 new text begin birth parents, relatives, birth or legal siblings, and adoptive parents from entering a new text end 43.33 new text begin communication or contact agreement under section 260C.619. new text end 44.1    Sec. 44. new text begin [260C.637] ACCESS TO ORIGINAL BIRTH RECORD new text end 44.2 new text begin INFORMATION. new text end 44.3     new text begin An adopted person may ask the commissioner of health to disclose the information new text end 44.4 new text begin on the adopted person's original birth record according to section 259.89. new text end 44.5    Sec. 45. Minnesota Statutes 2010, section 541.04, is amended to read: 44.6541.04 JUDGMENTS, TEN OR 20 YEARS. 44.7No action shall be maintained upon a judgment or decree of a court of the United 44.8States, or of any state or territory thereof, unless begun within ten years after the entry of 44.9such judgment or, in the case of a judgment for child support, including a judgment by 44.10operation of law, unless begun within 20 years after entry of the judgment. 44.11 new text begin EFFECTIVE DATE. new text end new text begin The amendments to this section are effective retroactively new text end 44.12 new text begin from April 15, 2010, the date the language stricken in this section was finally enacted. new text end 44.13    Sec. 46. Minnesota Statutes 2010, section 548.09, subdivision 1, is amended to read: 44.14    Subdivision 1. Entry and docketing; survival of judgment. Except as provided 44.15in section 548.091, every judgment requiring the payment of money shall be entered 44.16by the court administrator when ordered by the court and will be docketed by the court 44.17administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript 44.18of the docket being filed with the court administrator in any other county, the court 44.19administrator shall also docket it. From the time of docketing the judgment is a lien, in 44.20the amount unpaid, upon all real property in the county then or thereafter owned by the 44.21judgment debtor, but it is not a lien upon registered land unless it is also recorded pursuant 44.22to sections 508.63 and 508A.63. The judgment survives, and the lien continues, for ten 44.23years after its entry or, in the case of a judgment for child support, including a judgment 44.24by operation of law, for 20 years after its entry. Child support judgments may be renewed 44.25pursuant to section 548.091. 44.26 new text begin EFFECTIVE DATE. new text end new text begin The amendments to this section are effective retroactively new text end 44.27 new text begin from April 15, 2010, the date the language stricken in this section was finally enacted. new text end 44.28    Sec. 47. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read: 44.29    Subd. 2. Definitions. As used in this section, the following terms have the meanings 44.30given them unless the specific content indicates otherwise: 44.31    (a) "Family assessment" means a comprehensive assessment of child safety, risk 44.32of subsequent child maltreatment, and family strengths and needs that is applied to a 45.1child maltreatment report that does not allege substantial child endangerment. Family 45.2assessment does not include a determination as to whether child maltreatment occurred 45.3but does determine the need for services to address the safety of family members and the 45.4risk of subsequent maltreatment. 45.5    (b) "Investigation" means fact gathering related to the current safety of a child 45.6and the risk of subsequent maltreatment that determines whether child maltreatment 45.7occurred and whether child protective services are needed. An investigation must be used 45.8when reports involve substantial child endangerment, and for reports of maltreatment in 45.9facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 45.10144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 45.1113, and 124D.10; or in a nonlicensed personal care provider association as defined in 45.12sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a. 45.13    (c) "Substantial child endangerment" means a person responsible for a child's care, 45.14and in the case of sexual abuse includes a person who has a significant relationship to the 45.15child as defined in section 609.341, or a person in a position of authority as defined in 45.16section 609.341, who by act or omission commits or attempts to commit an act against a 45.17child under their care that constitutes any of the following: 45.18    (1) egregious harm as defined in section 260C.007, subdivision 14; 45.19    (2) sexual abuse as defined in paragraph (d); 45.20    (3) abandonment under section 260C.301, subdivision 2; 45.21    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 45.22child's physical or mental health, including a growth delay, which may be referred to as 45.23failure to thrive, that has been diagnosed by a physician and is due to parental neglect; 45.24    (5) murder in the first, second, or third degree under section 609.185, 609.19, or 45.25609.195 ; 45.26    (6) manslaughter in the first or second degree under section 609.20 or 609.205; 45.27    (7) assault in the first, second, or third degree under section 609.221, 609.222, or 45.28609.223 ; 45.29    (8) solicitation, inducement, and promotion of prostitution under section 609.322; 45.30    (9) criminal sexual conduct under sections 609.342 to 609.3451; 45.31    (10) solicitation of children to engage in sexual conduct under section 609.352; 45.32    (11) malicious punishment or neglect or endangerment of a child under section 45.33609.377 or 609.378; 45.34    (12) use of a minor in sexual performance under section 617.246; or 46.1    (13) parental behavior, status, or condition which mandates that the county attorney 46.2file a termination of parental rights petition under section 260C.301, subdivision 3, 46.3paragraph (a). 46.4    (d) "Sexual abuse" means the subjection of a child by a person responsible for the 46.5child's care, by a person who has a significant relationship to the child, as defined in 46.6section 609.341, or by a person in a position of authority, as defined in section 609.341, 46.7subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 46.8conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 46.9609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 46.10in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 46.11abuse also includes any act which involves a minor which constitutes a violation of 46.12prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 46.13threatened sexual abuse. 46.14    (e) "Person responsible for the child's care" means (1) an individual functioning 46.15within the family unit and having responsibilities for the care of the child such as a 46.16parent, guardian, or other person having similar care responsibilities, or (2) an individual 46.17functioning outside the family unit and having responsibilities for the care of the child 46.18such as a teacher, school administrator, other school employees or agents, or other lawful 46.19custodian of a child having either full-time or short-term care responsibilities including, 46.20but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 46.21and coaching. 46.22    (f) "Neglect" means the commission or omission of any of the acts specified under 46.23clauses (1) to (9), other than by accidental means: 46.24    (1) failure by a person responsible for a child's care to supply a child with necessary 46.25food, clothing, shelter, health, medical, or other care required for the child's physical or 46.26mental health when reasonably able to do so; 46.27    (2) failure to protect a child from conditions or actions that seriously endanger the 46.28child's physical or mental health when reasonably able to do so, including a growth delay, 46.29which may be referred to as a failure to thrive, that has been diagnosed by a physician and 46.30is due to parental neglect; 46.31    (3) failure to provide for necessary supervision or child care arrangements 46.32appropriate for a child after considering factors as the child's age, mental ability, physical 46.33condition, length of absence, or environment, when the child is unable to care for the 46.34child's own basic needs or safety, or the basic needs or safety of another child in their care; 47.1    (4) failure to ensure that the child is educated as defined in sections 120A.22 and 47.2260C.163, subdivision 11 , which does not include a parent's refusal to provide the parent's 47.3child with sympathomimetic medications, consistent with section 125A.091, subdivision 5; 47.4    (5) nothing in this section shall be construed to mean that a child is neglected solely 47.5because the child's parent, guardian, or other person responsible for the child's care in 47.6good faith selects and depends upon spiritual means or prayer for treatment or care of 47.7disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 47.8or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 47.9if a lack of medical care may cause serious danger to the child's health. This section does 47.10not impose upon persons, not otherwise legally responsible for providing a child with 47.11necessary food, clothing, shelter, education, or medical care, a duty to provide that care; 47.12    (6) prenatal exposure to a controlled substance, as defined in section 253B.02, 47.13subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 47.14symptoms in the child at birth, results of a toxicology test performed on the mother at 47.15delivery or the child at birth, or medical effects or developmental delays during the child's 47.16first year of life that medically indicate prenatal exposure to a controlled substance; 47.17    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5); 47.18    (8) chronic and severe use of alcohol or a controlled substance by a parent or 47.19person responsible for the care of the child that adversely affects the child's basic needs 47.20and safety; or 47.21    (9) emotional harm from a pattern of behavior which contributes to impaired 47.22emotional functioning of the child which may be demonstrated by a substantial and 47.23observable effect in the child's behavior, emotional response, or cognition that is not 47.24within the normal range for the child's age and stage of development, with due regard to 47.25the child's culture. 47.26    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 47.27inflicted by a person responsible for the child's care on a child other than by accidental 47.28means, or any physical or mental injury that cannot reasonably be explained by the child's 47.29history of injuries, or any aversive or deprivation procedures, or regulated interventions, 47.30that have not been authorized under section 121A.67 or 245.825. 47.31    Abuse does not include reasonable and moderate physical discipline of a child 47.32administered by a parent or legal guardian which does not result in an injury. Abuse does 47.33not include the use of reasonable force by a teacher, principal, or school employee as 47.34allowed by section 121A.582. Actions which are not reasonable and moderate include, 47.35but are not limited to, any of the following that are done in anger or without regard to the 47.36safety of the child: 48.1    (1) throwing, kicking, burning, biting, or cutting a child; 48.2    (2) striking a child with a closed fist; 48.3    (3) shaking a child under age three; 48.4    (4) striking or other actions which result in any nonaccidental injury to a child 48.5under 18 months of age; 48.6    (5) unreasonable interference with a child's breathing; 48.7    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6; 48.8    (7) striking a child under age one on the face or head; 48.9    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 48.10substances which were not prescribed for the child by a practitioner, in order to control or 48.11punish the child; or other substances that substantially affect the child's behavior, motor 48.12coordination, or judgment or that results in sickness or internal injury, or subjects the 48.13child to medical procedures that would be unnecessary if the child were not exposed 48.14to the substances; 48.15    (9) unreasonable physical confinement or restraint not permitted under section 48.16609.379 , including but not limited to tying, caging, or chaining; or 48.17    (10) in a school facility or school zone, an act by a person responsible for the child's 48.18care that is a violation under section 121A.58. 48.19    (h) "Report" means any report received by the local welfare agency, police 48.20department, county sheriff, or agency responsible for assessing or investigating 48.21maltreatment pursuant to this section. 48.22    (i) "Facility" means: 48.23    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 48.24sanitarium, or other facility or institution required to be licensed under sections 144.50 to 48.25144.58 , 241.021, or 245A.01 to 245A.16, or chapter 245B; 48.26    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 48.27124D.10 ; or 48.28    (3) a nonlicensed personal care provider organization as defined in sections 256B.04, 48.29subdivision 16, and 256B.0625, subdivision 19a. 48.30    (j) "Operator" means an operator or agency as defined in section 245A.02. 48.31    (k) "Commissioner" means the commissioner of human services. 48.32    (l) "Practice of social services," for the purposes of subdivision 3, includes but is 48.33not limited to employee assistance counseling and the provision of guardian ad litem and 48.34parenting time expeditor services. 48.35    (m) "Mental injury" means an injury to the psychological capacity or emotional 48.36stability of a child as evidenced by an observable or substantial impairment in the child's 49.1ability to function within a normal range of performance and behavior with due regard to 49.2the child's culture. 49.3    (n) "Threatened injury" means a statement, overt act, condition, or status that 49.4represents a substantial risk of physical or sexual abuse or mental injury. Threatened 49.5injury includes, but is not limited to, exposing a child to a person responsible for the 49.6child's care, as defined in paragraph (e), clause (1), who has: 49.7    (1) subjected a child to, or failed to protect a child from, an overt act or condition 49.8that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 49.9similar law of another jurisdiction; 49.10    (2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 49.11(4), or a similar law of another jurisdiction; 49.12    (3) committed an act that has resulted in an involuntary termination of parental rights 49.13under section 260C.301, or a similar law of another jurisdiction; or 49.14    (4) committed an act that has resulted in the involuntary transfer of permanent legal 49.15and physical custody of a child to a relative under section 260C.201, subdivision 11, 49.16paragraph (d), clause (1), or a similar law of another jurisdiction. 49.17 new text begin A child is the subject of a report of threatened injury when the responsible social new text end 49.18 new text begin services agency receives birth match data under paragraph (o) from the Department of new text end 49.19 new text begin Human Services. new text end 49.20 new text begin (o) Upon receiving data under section 144.225, subdivision 2b, contained in a new text end 49.21 new text begin birth record or recognition of parentage identifying a child who is subject to threatened new text end 49.22 new text begin injury under paragraph (n), the Department of Human Services shall send the data to the new text end 49.23 new text begin responsible social services agency. The data is known as "birth match" data. Unless the new text end 49.24 new text begin responsible social services agency has already begun an investigation or assessment of the new text end 49.25 new text begin report due to the birth of the child or execution of the recognition of parentage and the new text end 49.26 new text begin parent's previous history with child protection, the agency shall accept the birth match new text end 49.27 new text begin data as a report under this section. The agency may use either a family assessment or new text end 49.28 new text begin investigation to determine whether the child is safe. All of the provisions of this section new text end 49.29 new text begin apply. If the child is determined to be safe, the agency shall consult with the county new text end 49.30 new text begin attorney to determine the appropriateness of filing a petition alleging the child is in need new text end 49.31 new text begin of protection or services under section 260C.007, subdivision 6, clause (16), in order to new text end 49.32 new text begin deliver needed services. If the child is determined not to be safe, the agency and the county new text end 49.33 new text begin attorney shall take appropriate action as required under section 260C.301, subdivision 3. new text end 49.34    (o) new text begin (p) new text end Persons who conduct assessments or investigations under this section 49.35shall take into account accepted child-rearing practices of the culture in which a child 50.1participates and accepted teacher discipline practices, which are not injurious to the child's 50.2health, welfare, and safety. 50.3    (p) new text begin (q) new text end "Accidental" means a sudden, not reasonably foreseeable, and unexpected 50.4occurrence or event which: 50.5    (1) is not likely to occur and could not have been prevented by exercise of due 50.6care; and 50.7    (2) if occurring while a child is receiving services from a facility, happens when the 50.8facility and the employee or person providing services in the facility are in compliance 50.9with the laws and rules relevant to the occurrence or event. 50.10(q) new text begin (r) new text end "Nonmaltreatment mistake" means: 50.11(1) at the time of the incident, the individual was performing duties identified in the 50.12center's child care program plan required under Minnesota Rules, part 9503.0045; 50.13(2) the individual has not been determined responsible for a similar incident that 50.14resulted in a finding of maltreatment for at least seven years; 50.15(3) the individual has not been determined to have committed a similar 50.16nonmaltreatment mistake under this paragraph for at least four years; 50.17(4) any injury to a child resulting from the incident, if treated, is treated only with 50.18remedies that are available over the counter, whether ordered by a medical professional or 50.19not; and 50.20(5) except for the period when the incident occurred, the facility and the individual 50.21providing services were both in compliance with all licensing requirements relevant to the 50.22incident. 50.23This definition only applies to child care centers licensed under Minnesota 50.24Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of 50.25substantiated maltreatment by the individual, the commissioner of human services shall 50.26determine that a nonmaltreatment mistake was made by the individual. 50.27    Sec. 48. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read: 50.28    Subd. 10f. Notice of determinations. Within ten working days of the conclusion 50.29of a family assessment, the local welfare agency shall notify the parent or guardian 50.30of the child of the need for services to address child safety concerns or significant risk 50.31of subsequent child maltreatment. The local welfare agency and the family may also 50.32jointly agree that family support and family preservation services are needed. Within ten 50.33working days of the conclusion of an investigation, the local welfare agency or agency 50.34responsible for assessing or investigating the report shall notify the parent or guardian 50.35of the child, the person determined to be maltreating the child, and if applicable, the 51.1director of the facility, of the determination and a summary of the specific reasons for 51.2the determination. When the investigation involves a child foster care setting that is 51.3monitored by a private licensing agency under section 245A.16, the local welfare agency 51.4responsible for assessing or investigating the report shall notify the private licensing 51.5agency of the determination and shall provide a summary of the specific reasons for 51.6the determination. The notice to the private licensing agency must include identifying 51.7private data, but not the identity of the reporter of maltreatment. The notice must also 51.8include a certification that the information collection procedures under subdivision 10, 51.9paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to 51.10obtain access to other private data on the subject collected, created, or maintained under 51.11this section. In addition, the notice shall include the length of time that the records will be 51.12kept under subdivision 11c. The investigating agency shall notify the parent or guardian 51.13of the child who is the subject of the report, and any person or facility determined to 51.14have maltreated a child, of their appeal or review rights under this section or section 51.15. The notice must also state that a finding of maltreatment may result in denial of a 51.16license application or background study disqualification under chapter 245C related to 51.17employment or services that are licensed by the Department of Human Services under 51.18chapter 245A, the Department of Health under chapter 144 or 144A, the Department of 51.19Corrections under section 241.021, and from providing services related to an unlicensed 51.20personal care provider organization under chapter 256B. 51.21    Sec. 49. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read: 51.22    Subd. 10i. Administrative reconsideration; review panel. (a) Administrative 51.23reconsideration is not applicable in family assessments since no determination concerning 51.24maltreatment is made. For investigations, except as provided under paragraph (e), an 51.25individual or facility that the commissioner of human services, a local social service 51.26agency, or the commissioner of education determines has maltreated a child, an interested 51.27person acting on behalf of the child, regardless of the determination, who contests 51.28the investigating agency's final determination regarding maltreatment, may request the 51.29investigating agency to reconsider its final determination regarding maltreatment. The 51.30request for reconsideration must be submitted in writing to the investigating agency within 51.3115 calendar days after receipt of notice of the final determination regarding maltreatment 51.32or, if the request is made by an interested person who is not entitled to notice, within 51.3315 days after receipt of the notice by the parent or guardian of the child. If mailed, the 51.34request for reconsideration must be postmarked and sent to the investigating agency 51.35within 15 calendar days of the individual's or facility's receipt of the final determination. If 52.1the request for reconsideration is made by personal service, it must be received by the 52.2investigating agency within 15 calendar days after the individual's or facility's receipt of the 52.3final determination. Effective January 1, 2002, an individual who was determined to have 52.4maltreated a child under this section and who was disqualified on the basis of serious or 52.5recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration 52.6of the maltreatment determination and the disqualification. The request for reconsideration 52.7of the maltreatment determination and the disqualification must be submitted within 30 52.8calendar days of the individual's receipt of the notice of disqualification under sections 52.9245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment 52.10determination and the disqualification must be postmarked and sent to the investigating 52.11agency within 30 calendar days of the individual's receipt of the maltreatment 52.12determination and notice of disqualification. If the request for reconsideration is made by 52.13personal service, it must be received by the investigating agency within 30 calendar days 52.14after the individual's receipt of the notice of disqualification. 52.15    (b) Except as provided under paragraphs (e) and (f), if the investigating agency 52.16denies the request or fails to act upon the request within 15 working days after receiving 52.17the request for reconsideration, the person or facility entitled to a fair hearing under section 52.18256.045 may submit to the commissioner of human services or the commissioner of 52.19education a written request for a hearing under that section. Section 256.045 also governs 52.20hearings requested to contest a final determination of the commissioner of education. For 52.21reports involving maltreatment of a child in a facility, an interested person acting on behalf 52.22of the child may request a review by the Child Maltreatment Review Panel under section 52.23 if the investigating agency denies the request or fails to act upon the request or 52.24if the interested person contests a reconsidered determination. The investigating agency 52.25shall notify persons who request reconsideration of their rights under this paragraph. 52.26The request must be submitted in writing to the review panel and a copy sent to the 52.27investigating agency within 30 calendar days of receipt of notice of a denial of a request 52.28for reconsideration or of a reconsidered determination. The request must specifically 52.29identify the aspects of the agency determination with which the person is dissatisfied. 52.30    (c) If, as a result of a reconsideration or review, the investigating agency changes 52.31the final determination of maltreatment, that agency shall notify the parties specified in 52.32subdivisions 10b, 10d, and 10f. 52.33    (d) Except as provided under paragraph (f), if an individual or facility contests the 52.34investigating agency's final determination regarding maltreatment by requesting a fair 52.35hearing under section 256.045, the commissioner of human services shall assure that the 52.36hearing is conducted and a decision is reached within 90 days of receipt of the request for 53.1a hearing. The time for action on the decision may be extended for as many days as the 53.2hearing is postponed or the record is held open for the benefit of either party. 53.3    (e) If an individual was disqualified under sections 245C.14 and 245C.15, on 53.4the basis of a determination of maltreatment, which was serious or recurring, and 53.5the individual has requested reconsideration of the maltreatment determination under 53.6paragraph (a) and requested reconsideration of the disqualification under sections 245C.21 53.7to 245C.27, reconsideration of the maltreatment determination and reconsideration of the 53.8disqualification shall be consolidated into a single reconsideration. If reconsideration 53.9of the maltreatment determination is denied and the individual remains disqualified 53.10following a reconsideration decision, the individual may request a fair hearing under 53.11section 256.045. If an individual requests a fair hearing on the maltreatment determination 53.12and the disqualification, the scope of the fair hearing shall include both the maltreatment 53.13determination and the disqualification. 53.14    (f) If a maltreatment determination or a disqualification based on serious or recurring 53.15maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 53.16sanction under section 245A.07, the license holder has the right to a contested case hearing 53.17under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 53.18under section 245A.08, subdivision 2a, the scope of the contested case hearing shall 53.19include the maltreatment determination, disqualification, and licensing sanction or denial 53.20of a license. In such cases, a fair hearing regarding the maltreatment determination and 53.21disqualification shall not be conducted under section 256.045. Except for family child 53.22care and child foster care, reconsideration of a maltreatment determination as provided 53.23under this subdivision, and reconsideration of a disqualification as provided under section 53.24245C.22 , shall also not be conducted when: 53.25    (1) a denial of a license under section 245A.05 or a licensing sanction under section 53.26245A.07 , is based on a determination that the license holder is responsible for maltreatment 53.27or the disqualification of a license holder based on serious or recurring maltreatment; 53.28    (2) the denial of a license or licensing sanction is issued at the same time as the 53.29maltreatment determination or disqualification; and 53.30    (3) the license holder appeals the maltreatment determination or disqualification, and 53.31denial of a license or licensing sanction. 53.32    Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 53.33determination or disqualification, but does not appeal the denial of a license or a licensing 53.34sanction, reconsideration of the maltreatment determination shall be conducted under 53.35sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 53.36disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 54.1shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 54.2626.557, subdivision 9d . 54.3    If the disqualified subject is an individual other than the license holder and upon 54.4whom a background study must be conducted under chapter 245C, the hearings of all 54.5parties may be consolidated into a single contested case hearing upon consent of all parties 54.6and the administrative law judge. 54.7    (g) For purposes of this subdivision, "interested person acting on behalf of the 54.8child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult 54.9stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been 54.10determined to be the perpetrator of the maltreatment. 54.11    Sec. 50. Minnesota Statutes 2010, section 626.556, subdivision 11, is amended to read: 54.12    Subd. 11. Records. (a) Except as provided in paragraph (b) or (d) and subdivisions 54.1310b, 10d, 10g, and 11b, all records concerning individuals maintained by a local welfare 54.14agency or agency responsible for assessing or investigating the report under this 54.15section, including any written reports filed under subdivision 7, shall be private data on 54.16individuals, except insofar as copies of reports are required by subdivision 7 to be sent to 54.17the local police department or the county sheriff. All records concerning determinations 54.18of maltreatment by a facility are nonpublic data as maintained by the Department of 54.19Education, except insofar as copies of reports are required by subdivision 7 to be sent 54.20to the local police department or the county sheriff. Reports maintained by any police 54.21department or the county sheriff shall be private data on individuals except the reports 54.22shall be made available to the investigating, petitioning, or prosecuting authority, including 54.23county medical examiners or county coroners. Section 13.82, subdivisions 8, 9, and 14, 54.24apply to law enforcement data other than the reports. The local social services agency or 54.25agency responsible for assessing or investigating the report shall make available to the 54.26investigating, petitioning, or prosecuting authority, including county medical examiners or 54.27county coroners or their professional delegates, any records which contain information 54.28relating to a specific incident of neglect or abuse which is under investigation, petition, or 54.29prosecution and information relating to any prior incidents of neglect or abuse involving 54.30any of the same persons. The records shall be collected and maintained in accordance with 54.31the provisions of chapter 13. In conducting investigations and assessments pursuant to 54.32this section, the notice required by section 13.04, subdivision 2, need not be provided to a 54.33minor under the age of ten who is the alleged victim of abuse or neglect. An individual 54.34subject of a record shall have access to the record in accordance with those sections, 54.35except that the name of the reporter shall be confidential while the report is under 55.1assessment or investigation except as otherwise permitted by this subdivision. Any person 55.2conducting an investigation or assessment under this section who intentionally discloses 55.3the identity of a reporter prior to the completion of the investigation or assessment is 55.4guilty of a misdemeanor. After the assessment or investigation is completed, the name of 55.5the reporter shall be confidential. The subject of the report may compel disclosure of the 55.6name of the reporter only with the consent of the reporter or upon a written finding by 55.7the court that the report was false and that there is evidence that the report was made in 55.8bad faith. This subdivision does not alter disclosure responsibilities or obligations under 55.9the Rules of Criminal Procedure. 55.10(b) Upon request of the legislative auditor, data on individuals maintained under 55.11this section must be released to the legislative auditor in order for the auditor to fulfill the 55.12auditor's duties under section 3.971. The auditor shall maintain the data in accordance 55.13with chapter 13. 55.14(c) The commissioner of education must be provided with all requested data that are 55.15relevant to a report of maltreatment and are in possession of a school facility as defined 55.16in subdivision 2, paragraph (i), when the data is requested pursuant to an assessment or 55.17investigation of a maltreatment report of a student in a school. If the commissioner of 55.18education makes a determination of maltreatment involving an individual performing 55.19work within a school facility who is licensed by a board or other agency, the commissioner 55.20shall provide necessary and relevant information to the licensing entity to enable the 55.21entity to fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data 55.22received by a licensing entity under this paragraph are governed by section 13.41 or other 55.23applicable law governing data of the receiving entity, except that this section applies to the 55.24classification of and access to data on the reporter of the maltreatment. 55.25(d) The investigating agency shall exchange not public data with the Child 55.26Maltreatment Review Panel under section if the data are pertinent and necessary 55.27for a review requested under section . Upon completion of the review, the not 55.28public data received by the review panel must be returned to the investigating agency. 55.29    Sec. 51. new text begin REPEALER. new text end 55.30 new text begin Minnesota Statutes 2010, section 256.022, new text end new text begin is repealed. new text end 55.31    Sec. 52. new text begin EFFECTIVE DATE. new text end 55.32 new text begin This article is effective August 2, 2012. new text end 56.1ARTICLE 2 56.2SAFE PLACE FOR NEWBORNS 56.3    Section 1. Minnesota Statutes 2010, section 145.902, is amended to read: 56.4145.902 new text begin GIVE LIFE A CHANCE; new text end SAFE PLACE FOR NEWBORNS; 56.5HOSPITAL DUTIES; IMMUNITY. 56.6    Subdivision 1. General. (a) new text begin For purposes of this section, a "safe place" means a new text end 56.7 new text begin hospital licensed under sections 144.50 to 144.56, a health care provider who provides new text end 56.8 new text begin 24-hour urgent care medical services, or an ambulance service licensed under chapter new text end 56.9 new text begin 144E dispatched in response to a 911 call from a mother or a person with the mother's new text end 56.10 new text begin permission to relinquish a newborn infant. new text end 56.11 new text begin (b) new text end A hospital licensed under sections to new text begin safe place new text end shall receive a 56.12newborn left with a hospital new text begin an new text end employee on the hospital premises new text begin of the safe place during new text end 56.13 new text begin its hours of operation new text end , provided that: 56.14(1) the newborn was born within 72 hours new text begin seven days new text end of being left at the hospital new text begin new text end 56.15 new text begin safe place new text end , as determined within a reasonable degree of medical certainty; and 56.16(2) the newborn is left in an unharmed condition. 56.17(b) new text begin (c) new text end The hospital new text begin safe place new text end must not inquire as to the identity of the mother or the 56.18person leaving the newborn or call the police, provided the newborn is unharmed when 56.19presented to the hospital. The hospital new text begin safe place new text end may ask the mother or the person leaving 56.20the newborn about the medical history of the mother or newborn but the mother or the 56.21person leaving the newborn is not required to provide any information. The hospital new text begin safe new text end 56.22 new text begin place new text end may provide the mother or the person leaving the newborn with information about 56.23how to contact relevant social service agencies. 56.24 new text begin (d) A safe place that is a health care provider who provides 24-hour urgent care new text end 56.25 new text begin medical services shall dial 911, advise the dispatcher that the call is being made from new text end 56.26 new text begin a safe place for newborns, and ask the dispatcher to send an ambulance or take other new text end 56.27 new text begin appropriate action to transport the newborn to a hospital. An ambulance with whom a new text end 56.28 new text begin newborn is left shall transport the newborn to a hospital for care. Hospitals must receive a new text end 56.29 new text begin newborn left with a safe place and make the report as required in subdivision 2. new text end 56.30    Subd. 2. Reporting. Within 24 hours of receiving a newborn under this section, 56.31the hospital must inform the local welfare agency new text begin responsible social service agency new text end that 56.32a newborn has been left at the hospital, but must not do so before new text begin in the presence of new text end 56.33the mother or the person leaving the newborn leaves the hospital. new text begin The hospital must new text end 56.34 new text begin provide necessary care to the newborn pending assumption of legal responsibility by the new text end 56.35 new text begin responsible social services agency pursuant to section 260C.217, subdivision 4. new text end 57.1    Subd. 3. Immunity. (a) A hospital new text begin safe place new text end with responsibility for performing 57.2duties under this section, and any employee, doctor, new text begin ambulance personnel, new text end or other 57.3medical professional working at the hospital new text begin safe place new text end , are immune from any criminal 57.4liability that otherwise might result from their actions, if they are acting in good faith in 57.5receiving a newborn, and are immune from any civil liability that otherwise might result 57.6from merely receiving a newborn. 57.7(b) A hospital new text begin safe place new text end performing duties under this section, or an employee, 57.8doctor, new text begin ambulance personnel, new text end or other medical professional working at the hospital new text begin safe new text end 57.9 new text begin place new text end who is a mandated reporter under section 626.556, is immune from any criminal 57.10or civil liability that otherwise might result from the failure to make a report under that 57.11section if the person is acting in good faith in complying with this section. 57.12    Sec. 2. Minnesota Statutes 2010, section 260C.217, is amended to read: 57.13260C.217 new text begin GIVE LIFE A CHANCE; new text end SAFE PLACE FOR NEWBORNS. 57.14    Subdivision 1. Duty to attempt reunification, duty to search for relatives, and 57.15preferences not applicable. A local new text begin responsible new text end social service agency taking custody of 57.16 new text begin with responsibility for new text end a child after discharge from a hospital that received a child under 57.17section new text begin pursuant to subdivision 4, new text end is not required to attempt to reunify the child 57.18with the child's parents. Additionally, the agency is not required to search for relatives 57.19of the child as a placement or permanency option under section 260C.212, subdivision 57.205 , or to implement other placement requirements that give a preference to relatives if 57.21the agency does not have information as to the identity of the child, the child's mother, 57.22or the child's father. 57.23     new text begin Subd. 1a. new text end new text begin Definitions. new text end new text begin For purposes of this section, "safe place" has the meaning new text end 57.24 new text begin given in section 145.902. new text end 57.25    Subd. 2. Status of child. For purposes of proceedings under this chapter and 57.26adoption proceedings, a newborn left at a hospital under new text begin safe place, pursuant to subdivision new text end 57.27 new text begin 3 and new text end section 145.902 new text begin , new text end is considered an abandoned child new text begin under section 626.556, new text end 57.28 new text begin subdivision 2, paragraph (c), clause (3). The child is abandoned under sections 260C.007, new text end 57.29 new text begin subdivision 6, clause (1), and 260C.301, subdivision 1, paragraph (b), clause (1) new text end . 57.30     new text begin Subd. 3. new text end new text begin Relinquishment of a newborn. new text end new text begin A mother or any person, with the mother's new text end 57.31 new text begin permission, may bring a newborn infant to a safe place during its hours of operation and new text end 57.32 new text begin leave the infant in the care of an employee of the safe place. The mother or a person new text end 57.33 new text begin with the mother's permission may call 911 to request to have an ambulance dispatched new text end 57.34 new text begin to an agreed-upon location to relinquish a newborn infant into the custody of ambulance new text end 57.35 new text begin personnel. new text end 58.1     new text begin Subd. 4. new text end new text begin Placement of the newborn. new text end new text begin The agency contacted by a safe place pursuant new text end 58.2 new text begin to section 145.902, subdivision 2, shall have legal responsibility for the placement of new text end 58.3 new text begin the newborn infant in foster care for 72 hours during which time the agency shall file a new text end 58.4 new text begin petition under section 260C.141 and ask the court to order continued placement of the new text end 58.5 new text begin child in foster care. The agency shall immediately begin planning for adoptive placement new text end 58.6 new text begin of the newborn. new text end 58.7    Sec. 3. Minnesota Statutes 2010, section 609.3785, is amended to read: 58.8609.3785 UNHARMED NEWBORNS LEFT AT HOSPITALS new text begin A SAFE new text end 58.9 new text begin PLACE new text end ; AVOIDANCE OF PROSECUTION. 58.10A person may leave a newborn with a hospital new text begin an new text end employee at a hospital new text begin safe place, new text end 58.11 new text begin as defined in section 145.902, new text end in this state new text begin , pursuant to section 260C.217, subdivision 3, new text end 58.12without being subjected to prosecution for that act, provided that: 58.13(1) the newborn was born within 72 hours new text begin seven days new text end of being left at the hospital new text begin new text end 58.14 new text begin safe place new text end , as determined within a reasonable degree of medical certainty; 58.15(2) the newborn is left in an unharmed condition; and 58.16(3) in cases where the person leaving the newborn is not the newborn's mother, the 58.17person has the mother's approval to do so. 58.18ARTICLE 3 58.19ADOPTION ASSISTANCE 58.20    Section 1. new text begin [259A.01] DEFINITIONS. new text end 58.21     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin For the purposes of this chapter, the terms defined in this new text end 58.22 new text begin section have the meanings given them except as otherwise indicated by the context. new text end 58.23     new text begin Subd. 2. new text end new text begin Adoption assistance. new text end new text begin "Adoption assistance" means medical coverage and new text end 58.24 new text begin reimbursement of nonrecurring adoption expenses, and may also include financial support new text end 58.25 new text begin and reimbursement for specific nonmedical expenses provided under agreement with the new text end 58.26 new text begin parent of an adoptive child who would otherwise remain in foster care and whose special new text end 58.27 new text begin needs would otherwise make it difficult to place the child for adoption. Financial support new text end 58.28 new text begin may include a basic maintenance payment and a supplemental needs payment. new text end 58.29     new text begin Subd. 3. new text end new text begin Adoptive parent. new text end new text begin "Adoptive parent" means the adult who has been new text end 58.30 new text begin made the legal parent of a child through a court-ordered adoption decree or a customary new text end 58.31 new text begin adoption through tribal court. new text end 58.32     new text begin Subd. 4. new text end new text begin AFDC. new text end new text begin "AFDC" means the aid to families with dependent children new text end 58.33 new text begin program under sections 256.741, 256.82, and 256.87. new text end 59.1     new text begin Subd. 5. new text end new text begin Assessment. new text end new text begin "Assessment" means the process by which the child-placing new text end 59.2 new text begin agency determines the benefits an eligible child may receive under this chapter. new text end 59.3     new text begin Subd. 6. new text end new text begin At-risk child. new text end new text begin "At-risk child" means a child who does not have a new text end 59.4 new text begin documented disability but who is at risk of developing a physical, mental, emotional, or new text end 59.5 new text begin behavioral disability based on being related within the first or second degree to persons new text end 59.6 new text begin who have an inheritable physical, mental, emotional, or behavioral disabling condition, or new text end 59.7 new text begin from a background that has the potential to cause the child to develop a physical, mental, new text end 59.8 new text begin emotional, or behavioral disability that the child is at risk of developing. The disability new text end 59.9 new text begin must manifest during childhood. new text end 59.10     new text begin Subd. 7. new text end new text begin Basic maintenance payment. new text end new text begin "Basic maintenance payment" means new text end 59.11 new text begin the maintenance payment made on behalf of a child to support the costs an adoptive new text end 59.12 new text begin parent incurs to meet a child's needs consistent with the care parents customarily provide, new text end 59.13 new text begin including: food, clothing, shelter, daily supervision, school supplies, and a child's personal new text end 59.14 new text begin incidentals. It also supports reasonable travel to participate in face-to-face visitation new text end 59.15 new text begin between child and birth relatives, including siblings. new text end 59.16     new text begin Subd. 8. new text end new text begin Child. new text end new text begin "Child" means an individual under 18 years of age. For purposes new text end 59.17 new text begin of this chapter, child also includes individuals up to age 21 who have approved adoption new text end 59.18 new text begin assistance agreement extensions under section 259A.45, subdivision 1. new text end 59.19     new text begin Subd. 9. new text end new text begin Child-placing agency. new text end new text begin "Child-placing agency" means a business, new text end 59.20 new text begin organization, or department of government, including the responsible social services new text end 59.21 new text begin agency or a federally recognized Minnesota tribe, designated or authorized by law new text end 59.22 new text begin to place children for adoption and assigned legal responsibility for placement, care, new text end 59.23 new text begin and supervision of the child through a court order, voluntary placement agreement, or new text end 59.24 new text begin voluntary relinquishment. new text end 59.25     new text begin Subd. 10. new text end new text begin Child under guardianship of the commissioner of human services. new text end 59.26 new text begin "Child under guardianship of the commissioner of human services" means a child the new text end 59.27 new text begin court has ordered under the guardianship of the commissioner of human services pursuant new text end 59.28 new text begin to section 260C.325. new text end 59.29     new text begin Subd. 11. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of human new text end 59.30 new text begin services or any employee of the Department of Human Services to whom the commissioner new text end 59.31 new text begin has delegated authority regarding children under the commissioner's guardianship. new text end 59.32     new text begin Subd. 12. new text end new text begin Consent of parent to adoption under chapter 260C. new text end new text begin "Consent of new text end 59.33 new text begin parent to adoption under chapter 260C" means the consent executed pursuant to section new text end 59.34 new text begin 260C.515, subdivision 3. new text end 59.35     new text begin Subd. 13. new text end new text begin Department. new text end new text begin "Department" means the Minnesota Department of Human new text end 59.36 new text begin Services. new text end 60.1     new text begin Subd. 14. new text end new text begin Disability. new text end new text begin "Disability" means a physical, mental, emotional, or new text end 60.2 new text begin behavioral impairment that substantially limits one or more major life activities. Major new text end 60.3 new text begin life activities include, but are not limited to: thinking, walking, hearing, breathing, new text end 60.4 new text begin working, seeing, speaking, communicating, learning, developing and maintaining healthy new text end 60.5 new text begin relationships, safely caring for oneself, and performing manual tasks. The nature, duration, new text end 60.6 new text begin and severity of the impairment shall be used in determining if the limitation is substantial. new text end 60.7     new text begin Subd. 15. new text end new text begin Foster care. new text end new text begin "Foster care" has the meaning given in section 260C.007, new text end 60.8 new text begin subdivision 18. new text end 60.9     new text begin Subd. 16. new text end new text begin Guardian. new text end new text begin "Guardian" means an adult who is appointed pursuant to new text end 60.10 new text begin section 260C.325. For a child under guardianship of the commissioner, the child's new text end 60.11 new text begin guardian is the commissioner of human services. new text end 60.12     new text begin Subd. 17. new text end new text begin Guardianship. new text end new text begin "Guardianship" means the court-ordered rights and new text end 60.13 new text begin responsibilities of the guardian of a child and includes legal custody of the child. new text end 60.14     new text begin Subd. 18. new text end new text begin Indian child. new text end new text begin "Indian child" has the meaning given in section 260.755, new text end 60.15 new text begin subdivision 8. new text end 60.16     new text begin Subd. 19. new text end new text begin Legal custodian. new text end new text begin "Legal custodian" means a person to whom permanent new text end 60.17 new text begin legal and physical custody of a child has been transferred under chapter 260C, or for new text end 60.18 new text begin children under tribal court jurisdiction, a similar provision under tribal code which means new text end 60.19 new text begin that the individual responsible for the child has responsibility for the protection, education, new text end 60.20 new text begin care, and control of the child and decision making on behalf of the child. new text end 60.21     new text begin Subd. 20. new text end new text begin Medical assistance. new text end new text begin "Medical assistance" means Minnesota's new text end 60.22 new text begin implementation of the federal Medicaid program. new text end 60.23     new text begin Subd. 21. new text end new text begin Parent. new text end new text begin "Parent" has the meaning given in section 257.52. Parent does new text end 60.24 new text begin not mean a putative father of a child unless the putative father also meets the requirements new text end 60.25 new text begin of section 257.55 or unless the putative father is entitled to notice under section 259.49, new text end 60.26 new text begin subdivision 1. For matters governed by the Indian Child Welfare Act, parent includes any new text end 60.27 new text begin Indian person who has adopted a child by tribal law or custom, as provided in section new text end 60.28 new text begin 260.755, subdivision 14, and does not include the unwed father where paternity has not new text end 60.29 new text begin been acknowledged or established. new text end 60.30     new text begin Subd. 22. new text end new text begin Permanent legal and physical custody. new text end new text begin "Permanent legal and physical new text end 60.31 new text begin custody" means permanent legal and physical custody ordered by a Minnesota court under new text end 60.32 new text begin section 260C.515, subdivision 4, or for children under tribal court jurisdiction, a similar new text end 60.33 new text begin provision under tribal code which means that the individual with permanent legal and new text end 60.34 new text begin physical custody of the child has responsibility for the protection, education, care, and new text end 60.35 new text begin control of the child and decision making on behalf of the child. new text end 61.1     new text begin Subd. 23. new text end new text begin Preadoptive parent. new text end new text begin "Preadoptive parent" means an adult who is caring new text end 61.2 new text begin for a child in an adoptive placement, but where the court has not yet ordered a final decree new text end 61.3 new text begin of adoption making the adult the legal parent of the child. new text end 61.4     new text begin Subd. 24. new text end new text begin Reassessment. new text end new text begin "Reassessment" means an update of a previous assessment new text end 61.5 new text begin through the process under this chapter completed for a child who has been continuously new text end 61.6 new text begin eligible for this benefit. new text end 61.7     new text begin Subd. 25. new text end new text begin Relative. new text end new text begin "Relative" means a person related to the child by blood, new text end 61.8 new text begin marriage, or adoption, or an individual who is an important friend with whom the child has new text end 61.9 new text begin resided or had significant contact. For an Indian child, relative includes members of the new text end 61.10 new text begin extended family as defined by law or custom of the Indian child's tribe, or, in the absence new text end 61.11 new text begin of law or custom, shall be a person who has reached the age of 18 and who is the Indian new text end 61.12 new text begin child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece new text end 61.13 new text begin or nephew, first or second cousin, or stepparent, as provided in the Indian Child Welfare new text end 61.14 new text begin Act of 1978, United States Code, title 25, section 1903. new text end 61.15     new text begin Subd. 26. new text end new text begin Relative search. new text end new text begin "Relative search" means the search that is required new text end 61.16 new text begin under section 260C.212, subdivision 5. new text end 61.17     new text begin Subd. 27. new text end new text begin Sibling. new text end new text begin "Sibling" has the meaning given in section 260C.007, new text end 61.18 new text begin subdivision 32. new text end 61.19     new text begin Subd. 28. new text end new text begin Social and medical history. new text end new text begin "Social and medical history" means the new text end 61.20 new text begin document, on a form or forms prescribed by the commissioner, that contains a child's new text end 61.21 new text begin genetic, medical, and family background as well as the history and current status of a new text end 61.22 new text begin child's physical and mental health, behavior, demeanor, foster care placements, education, new text end 61.23 new text begin and family relationships and has the same meaning as the history required under sections new text end 61.24 new text begin 259.43 and 260C.609. new text end 61.25     new text begin Subd. 29. new text end new text begin Supplemental needs payment. new text end new text begin "Supplemental needs payment" new text end 61.26 new text begin means the payment which is negotiated with the adoptive parent for a child who has a new text end 61.27 new text begin documented physical, mental, emotional, or behavioral disability. The payment is made new text end 61.28 new text begin based on the requirements associated with parenting duties to nurture the child, preserve new text end 61.29 new text begin the child's connections, and support the child's functioning in the home. new text end 61.30     new text begin Subd. 30. new text end new text begin Termination of parental rights. new text end new text begin "Termination of parental rights" means new text end 61.31 new text begin a court order that severs all rights, powers, privileges, immunities, duties, and obligations, new text end 61.32 new text begin including any rights to custody, control, visitation, or support, existing between a parent new text end 61.33 new text begin and child. For an Indian child who is a ward of tribal court, termination of parental rights new text end 61.34 new text begin means any action resulting in the termination or suspension of the parent-child relationship new text end 61.35 new text begin when the tribe has made a judicial determination that the child cannot or should not be new text end 61.36 new text begin returned to the home of the child's parent or parents. new text end 62.1    Sec. 2. new text begin [259A.05] PROGRAM ADMINISTRATION. new text end 62.2     new text begin Subdivision 1. new text end new text begin Administration of title IV-E programs. new text end new text begin The title IV-E Adoption new text end 62.3 new text begin Assistance Program shall operate according to the requirements of United States Code, new text end 62.4 new text begin title 42, sections 671 and 673, and Code of Federal Regulations, parts 1355 and 1356. new text end 62.5     new text begin Subd. 2. new text end new text begin Administration responsibilities. new text end new text begin (a) AFDC relatedness is one eligibility new text end 62.6 new text begin component of title IV-E adoption assistance. The AFDC relatedness determination shall be new text end 62.7 new text begin made by an agency according to policies and procedures prescribed by the commissioner. new text end 62.8 new text begin (b) Subject to commissioner approval, the child-placing agency shall certify a child's new text end 62.9 new text begin eligibility for adoption assistance in writing on the forms prescribed by the commissioner new text end 62.10 new text begin according to section 259A.15. new text end 62.11 new text begin (c) Children who meet all eligibility criteria except those specific to title IV-E, shall new text end 62.12 new text begin receive adoption assistance paid through state funds. new text end 62.13 new text begin (d) The child-placing agency is responsible for assisting the commissioner with new text end 62.14 new text begin the administration of the adoption assistance program by conducting assessments, new text end 62.15 new text begin reassessments, negotiations, and other activities as specified by the requirements and new text end 62.16 new text begin procedures prescribed by the commissioner. new text end 62.17 new text begin (e) The child-placing agency shall notify an adoptive parent of a child's eligibility for new text end 62.18 new text begin Medicaid in the state of residence. In Minnesota, the child-placing agency shall refer the new text end 62.19 new text begin adoptive parent to the appropriate social service agency in the parent's county of residence new text end 62.20 new text begin that administers medical assistance. The child-placing agency shall inform the adoptive new text end 62.21 new text begin parent of the requirement to comply with the rules of the applicable Medicaid program. new text end 62.22     new text begin Subd. 3. new text end new text begin Procedures, requirements, and deadlines. new text end new text begin The commissioner shall new text end 62.23 new text begin specify procedures, requirements, and deadlines for the administration of adoption new text end 62.24 new text begin assistance in accordance with this section. new text end 62.25     new text begin Subd. 4. new text end new text begin Promotion of programs. new text end new text begin (a) Parents who adopt children with special new text end 62.26 new text begin needs must be informed of the adoption tax credit. new text end 62.27 new text begin (b) The commissioner shall actively seek ways to promote the adoption assistance new text end 62.28 new text begin program, including informing prospective adoptive parents of eligible children under new text end 62.29 new text begin guardianship of the commissioner and the availability of adoption assistance. new text end 62.30    Sec. 3. new text begin [259A.10] ELIGIBILITY REQUIREMENTS. new text end 62.31     new text begin Subdivision 1. new text end new text begin General eligibility requirements. new text end new text begin (a) To be eligible for adoption new text end 62.32 new text begin assistance, a child must: new text end 62.33 new text begin (1) be determined to be a child with special needs, according to subdivision 2; new text end 62.34 new text begin (2) meet the applicable citizenship and immigration requirements in subdivision new text end 62.35 new text begin 3; and new text end 63.1 new text begin (3)(i) meet the criteria outlined in section 473 of the Social Security Act; or new text end 63.2 new text begin (ii) have had foster care payments paid on the child's behalf while in out-of-home new text end 63.3 new text begin placement through the county or tribal social service agency and be a child under the new text end 63.4 new text begin guardianship of the commissioner or a ward of tribal court. new text end 63.5 new text begin (b) In addition to the requirements in paragraph (a), the child's adoptive parents must new text end 63.6 new text begin meet the applicable background study requirements outlined in subdivision 4. new text end 63.7     new text begin Subd. 2. new text end new text begin Special needs determination. new text end new text begin (a) A child is considered a child with new text end 63.8 new text begin special needs under this section if all of the requirements in paragraphs (b) to (g) are met. new text end 63.9 new text begin (b) There has been a determination that the child cannot or should not be returned to new text end 63.10 new text begin the home of the child's parents as evidenced by: new text end 63.11 new text begin (1) court-ordered termination of parental rights; new text end 63.12 new text begin (2) petition to terminate parental rights; new text end 63.13 new text begin (3) consent of parent to adoption accepted by the court under chapter 260C; new text end 63.14 new text begin (4) in circumstances where tribal law permits the child to be adopted without a new text end 63.15 new text begin termination of parental rights, a judicial determination by tribal court indicating the valid new text end 63.16 new text begin reason why the child cannot or should not return home; new text end 63.17 new text begin (5) voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment new text end 63.18 new text begin occurred in another state, the applicable laws in that state; or new text end 63.19 new text begin (6) death of the legal parent, or parents if the child has two legal parents. new text end 63.20 new text begin (c) There exists a specific factor or condition because of which it is reasonable to new text end 63.21 new text begin conclude that the child cannot be placed with adoptive parents without providing adoption new text end 63.22 new text begin assistance as evidenced by: new text end 63.23 new text begin (1) determination by the Social Security Administration that the child meets all new text end 63.24 new text begin medical or disability requirements of title XVI of the Social Security Act with respect to new text end 63.25 new text begin eligibility for Supplemental Security Income benefits; new text end 63.26 new text begin (2) documented physical, mental, emotional, or behavioral disability not covered new text end 63.27 new text begin under clause (1); new text end 63.28 new text begin (3) a member in a sibling group being adopted at the same time by the same parent; new text end 63.29 new text begin (4) adoptive placement in the home of a parent who previously adopted a sibling for new text end 63.30 new text begin whom they receive adoption assistance; or new text end 63.31 new text begin (5) documentation that the child is an at-risk child. new text end 63.32 new text begin (d) A reasonable but unsuccessful effort was made to place the child with adoptive new text end 63.33 new text begin parents without providing adoption assistance as evidenced by: new text end 63.34 new text begin (1) a documented search for an appropriate adoptive placement; or new text end 63.35 new text begin (2) determination by the commissioner that a search under clause (1) is not in the new text end 63.36 new text begin best interests of the child. new text end 64.1 new text begin (e) The requirement for a documented search for an appropriate adoptive placement new text end 64.2 new text begin under paragraph (d), including the registration of the child with the State Adoption new text end 64.3 new text begin Exchange and other recruitment methods under paragraph (f), must be waived if: new text end 64.4 new text begin (1) the child is being adopted by a relative and it is determined by the child-placing new text end 64.5 new text begin agency that adoption by the relative is in the best interests of the child; new text end 64.6 new text begin (2) the child is being adopted by a foster parent with whom the child has developed new text end 64.7 new text begin significant emotional ties while in their care as a foster child and it is determined by new text end 64.8 new text begin the child-placing agency that adoption by the foster parent is in the best interests of the new text end 64.9 new text begin child; or new text end 64.10 new text begin (3) the child is being adopted by a parent that previously adopted a sibling of the new text end 64.11 new text begin child, and it is determined by the child-placing agency that adoption by this parent is new text end 64.12 new text begin in the best interests of the child. new text end 64.13 new text begin When the Indian Child Welfare Act applies, a waiver must not be granted unless the new text end 64.14 new text begin child-placing agency has complied with the placement preferences required by the Indian new text end 64.15 new text begin Child Welfare Act according to United States Code, title 25, section 1915(a). new text end 64.16 new text begin (f) To meet the requirement of a documented search for an appropriate adoptive new text end 64.17 new text begin placement under paragraph (d), clause (1), the child-placing agency minimally must: new text end 64.18 new text begin (1) conduct a relative search as required by section 260C.212, subdivision 5, and give new text end 64.19 new text begin consideration to placement with a relative as required by section 260C.212, subdivision 2; new text end 64.20 new text begin (2) comply with the adoptive placement preferences required under the Indian Child new text end 64.21 new text begin Welfare Act when the Indian Child Welfare Act, United States Code, title 25, section new text end 64.22 new text begin 1915(a), applies; new text end 64.23 new text begin (3) locate prospective adoptive families by registering the child on the State new text end 64.24 new text begin Adoption Exchange, as required under section 259.75; and new text end 64.25 new text begin (4) if registration with the State Adoption Exchange does not result in the new text end 64.26 new text begin identification of an appropriate adoptive placement, the agency must employ additional new text end 64.27 new text begin recruitment methods, as outlined in requirements and procedures prescribed by the new text end 64.28 new text begin commissioner. new text end 64.29 new text begin (g) Once the child-placing agency has determined that placement with an identified new text end 64.30 new text begin parent is in the child's best interest and has made full written disclosure about the child's new text end 64.31 new text begin social and medical history, the agency must ask the prospective adoptive parent if they are new text end 64.32 new text begin willing to adopt the child without adoption assistance. If the identified parent is either new text end 64.33 new text begin unwilling or unable to adopt the child without adoption assistance, the child-placing new text end 64.34 new text begin agency must provide documentation as prescribed by the commissioner to fulfill the new text end 64.35 new text begin requirement to make a reasonable effort to place the child without adoption assistance. If new text end 64.36 new text begin the identified parent desires to adopt the child without adoption assistance, the parent must new text end 65.1 new text begin provide a written statement to this effect to the child-placing agency and the statement must new text end 65.2 new text begin be maintained in the permanent adoption record of the child-placing agency. For children new text end 65.3 new text begin under guardianship of the commissioner, the child-placing agency shall submit a copy of new text end 65.4 new text begin this statement to the commissioner to be maintained in the permanent adoption record. new text end 65.5     new text begin Subd. 3. new text end new text begin Citizenship and immigration status. new text end new text begin (a) A child must be a citizen of the new text end 65.6 new text begin United States or otherwise eligible for federal public benefits according to the Personal new text end 65.7 new text begin Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order to new text end 65.8 new text begin be eligible for the title IV-E Adoption Assistance Program. new text end 65.9 new text begin (b) A child must be a citizen of the United States or meet the qualified alien new text end 65.10 new text begin requirements as defined in the Personal Responsibility and Work Opportunity new text end 65.11 new text begin Reconciliation Act of 1996, as amended, in order to be eligible for state-funded adoption new text end 65.12 new text begin assistance. new text end 65.13     new text begin Subd. 4. new text end new text begin Background study. new text end new text begin (a) A background study under section 259.41 must be new text end 65.14 new text begin completed on each prospective adoptive parent. An adoptive parent is prohibited from new text end 65.15 new text begin receiving adoption assistance on behalf of an otherwise eligible child if the background new text end 65.16 new text begin study reveals: new text end 65.17 new text begin (1) a felony conviction at any time for: new text end 65.18 new text begin (i) child abuse or neglect; new text end 65.19 new text begin (ii) spousal abuse; new text end 65.20 new text begin (iii) a crime against children, including child pornography; or new text end 65.21 new text begin (iv) a crime involving violence, including rape, sexual assault, or homicide, but not new text end 65.22 new text begin including other physical assault or battery; or new text end 65.23 new text begin (2) a felony conviction within the past five years for: new text end 65.24 new text begin (i) physical assault; new text end 65.25 new text begin (ii) battery; or new text end 65.26 new text begin (iii) a drug-related offense. new text end 65.27     new text begin Subd. 5. new text end new text begin Responsibility for determining adoption assistance eligibility. new text end new text begin The new text end 65.28 new text begin state will determine eligibility for: new text end 65.29 new text begin (1) a Minnesota child under the guardianship of the commissioner who would new text end 65.30 new text begin otherwise remain in foster care; new text end 65.31 new text begin (2) a child who is not under the guardianship of the commissioner who meets title new text end 65.32 new text begin IV-E eligibility defined in section 473 of the Social Security Act and no state agency has new text end 65.33 new text begin legal responsibility for placement and care of the child; new text end 65.34 new text begin (3) a Minnesota child under tribal jurisdiction who would otherwise remain in foster new text end 65.35 new text begin care; and new text end 66.1 new text begin (4) an Indian child being placed in Minnesota who meets title IV-E eligibility defined new text end 66.2 new text begin in section 473 of the Social Security Act. The agency or entity assuming responsibility for new text end 66.3 new text begin the child is responsible for the nonfederal share of the adoption assistance payment. new text end 66.4     new text begin Subd. 6. new text end new text begin Exclusions. new text end new text begin The commissioner shall not enter into an adoption assistance new text end 66.5 new text begin agreement with: new text end 66.6 new text begin (1) a child's biological parent or stepparent; new text end 66.7 new text begin (2) a child's relative, according to section 260C.007, subdivision 27, with whom the new text end 66.8 new text begin child resided immediately prior to child welfare involvement unless: new text end 66.9     new text begin (i) the child was in the custody of a Minnesota county or tribal agency pursuant to new text end 66.10 new text begin an order under chapter 260C or equivalent provisions of tribal code and the agency had new text end 66.11 new text begin placement and care responsibility for permanency planning for the child; and new text end 66.12     new text begin (ii) the child is under guardianship of the commissioner of human services according new text end 66.13 new text begin to the requirements of section 260C.325, subdivision 1, paragraphs (a) and (b), or new text end 66.14 new text begin subdivision 3, paragraphs (a) and (b), or is a ward of a Minnesota tribal court after new text end 66.15 new text begin termination of parental rights, suspension of parental rights, or a finding by the tribal court new text end 66.16 new text begin that the child cannot safely return to the care of the parent; new text end 66.17 new text begin (3) a child's legal custodian or guardian who is now adopting the child; new text end 66.18 new text begin (4) an individual adopting a child who is the subject of a direct adoptive placement new text end 66.19 new text begin under section 259.47 or the equivalent in tribal code; or new text end 66.20 new text begin (5) an individual who is adopting a child who is not a citizen or resident of the new text end 66.21 new text begin United States and was either adopted in another country or brought to this country for new text end 66.22 new text begin the purposes of adoption. new text end 66.23    Sec. 4. new text begin [259A.15] ESTABLISHMENT OF ADOPTION ASSISTANCE new text end 66.24 new text begin ELIGIBILITY. new text end 66.25     new text begin Subdivision 1. new text end new text begin Adoption assistance certification. new text end new text begin (a) The child-placing agency new text end 66.26 new text begin shall certify a child as eligible for adoption assistance according to requirements and new text end 66.27 new text begin procedures, and on forms prescribed by the commissioner. Documentation from a new text end 66.28 new text begin qualified expert must be provided to verify that a child meets the special needs criteria in new text end 66.29 new text begin section 259A.10, subdivision 2. new text end 66.30 new text begin (b) Expert documentation of a disability is limited to evidence deemed appropriate new text end 66.31 new text begin by the commissioner and must be submitted with the certification. Examples of appropriate new text end 66.32 new text begin documentation include, but are not limited to, medical records, psychological assessments, new text end 66.33 new text begin educational or early childhood evaluations, court findings, and social and medical history. new text end 66.34 new text begin (c) Documentation that the child is an at-risk child must be submitted according to new text end 66.35 new text begin requirements and procedures prescribed by the commissioner. new text end 67.1     new text begin Subd. 2. new text end new text begin Adoption assistance agreement. new text end new text begin (a) An adoption assistance agreement new text end 67.2 new text begin is a binding contract between the adopting parent, the child-placing agency, and the new text end 67.3 new text begin commissioner. The agreement outlines the benefits to be provided on behalf of an eligible new text end 67.4 new text begin child. new text end 67.5 new text begin (b) In order to receive adoption assistance benefits, a written agreement on a form new text end 67.6 new text begin prescribed by the commissioner must be signed by the parent, an approved representative new text end 67.7 new text begin from the child-placing agency, and the commissioner prior to the effective date of the new text end 67.8 new text begin adoption decree. No later than 30 days after the parent is approved for the adoptive new text end 67.9 new text begin placement, the agreement must be negotiated with the parent as required in section new text end 67.10 new text begin 259A.25, subdivision 1. Adoption assistance must be approved or denied by the new text end 67.11 new text begin commissioner no later than 15 business days after the receipt of a complete adoption new text end 67.12 new text begin assistance application prescribed by the commissioner. A fully executed copy of the new text end 67.13 new text begin signed agreement must be given to each party. Termination or disruption of the adoptive new text end 67.14 new text begin placement preceding adoption finalization makes the agreement with that parent void. new text end 67.15 new text begin (c) The agreement must specify the following: new text end 67.16 new text begin (1) duration of the agreement; new text end 67.17 new text begin (2) the nature and amount of any payment, services, and assistance to be provided new text end 67.18 new text begin under the agreement; new text end 67.19 new text begin (3) the child's eligibility for Medicaid services; new text end 67.20 new text begin (4) the terms of the payment; new text end 67.21 new text begin (5) eligibility for reimbursement of nonrecurring expenses associated with adopting new text end 67.22 new text begin the child, to the extent that the total cost does not exceed $2,000 per child; new text end 67.23 new text begin (6) that the agreement will remain in effect regardless of the state in which the new text end 67.24 new text begin adoptive parent resides at any given time; new text end 67.25 new text begin (7) provisions for modification of the terms of the agreement; and new text end 67.26 new text begin (8) the effective date of the agreement. new text end 67.27 new text begin (d) The agreement is effective on the date of the adoption decree. new text end 67.28     new text begin Subd. 3. new text end new text begin Assessment tool. new text end new text begin An assessment tool prescribed by the commissioner new text end 67.29 new text begin must be completed for any child who has a documented disability that necessitates care, new text end 67.30 new text begin supervision, and structure beyond that ordinarily provided in a family setting to children new text end 67.31 new text begin of the same age. This assessment tool must be submitted with the adoption assistance new text end 67.32 new text begin certification and establishes eligibility for the amount of assistance requested. new text end 67.33    Sec. 5. new text begin [259A.20] BENEFITS AND PAYMENTS. new text end 67.34     new text begin Subdivision 1. new text end new text begin General information. new text end new text begin (a) Payments to parents under adoption new text end 67.35 new text begin assistance must be made monthly. new text end 68.1 new text begin (b) Payments must commence when the commissioner receives the adoption decree new text end 68.2 new text begin from the court, the child-placing agency, or the parent. Payments must be made according new text end 68.3 new text begin to requirements and procedures prescribed by the commissioner. new text end 68.4 new text begin (c) Payments shall only be made to the adoptive parent specified on the agreement. new text end 68.5 new text begin If there is more than one adoptive parent, both parties must be listed as the payee unless new text end 68.6 new text begin otherwise specified in writing according to requirements and procedures prescribed by new text end 68.7 new text begin the commissioner. new text end 68.8 new text begin (d) Payment must be considered income and resource attributable to the child. new text end 68.9 new text begin Payment must not be assigned or transferred to another party. Payment is exempt from new text end 68.10 new text begin garnishment, except as permissible under the laws of the state where the child resides. new text end 68.11     new text begin Subd. 2. new text end new text begin Medical assistance eligibility. new text end new text begin Eligibility for medical assistance for new text end 68.12 new text begin children receiving adoption assistance is as specified in section 256B.055. new text end 68.13     new text begin Subd. 3. new text end new text begin Payments. new text end new text begin (a) The basic maintenance payments must be made according new text end 68.14 new text begin to the following schedule for all children except those eligible for adoption assistance new text end 68.15 new text begin based on being an at-risk child: new text end 68.16 new text begin Birth through age five new text end new text begin up to $247 per month new text end 68.17 new text begin Age six through age 11 new text end new text begin up to $277 per month new text end 68.18 new text begin Age 12 through age 14 new text end new text begin up to $307 per month new text end 68.19 new text begin Age 15 and older new text end new text begin up to $337 per month new text end 68.20 new text begin A child must receive the maximum payment amount for the child's age, unless a new text end 68.21 new text begin lesser amount is negotiated with and agreed to by the prospective adoptive parent. new text end 68.22 new text begin (b) Supplemental needs payments, in addition to basic maintenance payments, are new text end 68.23 new text begin available based on the severity of a child's disability and the level of parenting required to new text end 68.24 new text begin care for the child, and must be made according to the following amounts: new text end 68.25 new text begin Level I new text end new text begin up to $150 per month new text end 68.26 new text begin Level II new text end new text begin up to $275 per month new text end 68.27 new text begin Level III new text end new text begin up to $400 per month new text end 68.28 new text begin Level IV new text end new text begin up to $500 per month new text end 68.29 new text begin A child's level shall be assessed on an assessment tool prescribed by the new text end 68.30 new text begin commissioner. A child must receive the maximum payment for the child's assessed level, new text end 68.31 new text begin unless a lesser amount is negotiated with and agreed to by the prospective adoptive parent. new text end 68.32     new text begin Subd. 4. new text end new text begin Reimbursement for special nonmedical expenses. new text end new text begin (a) Reimbursement new text end 68.33 new text begin for special nonmedical expenses is available to children, except those eligible for adoption new text end 68.34 new text begin assistance based on being an at-risk child. new text end 68.35 new text begin (b) Reimbursements under this paragraph shall be made only after the adoptive new text end 68.36 new text begin parent documents that the requested service was denied by the local social service agency, new text end 68.37 new text begin community agencies, local school district, local public health department, the parent's new text end 69.1 new text begin insurance provider, or the child's program. The denial must be for an eligible service or new text end 69.2 new text begin qualified item under the program requirements of the applicable agency or organization. new text end 69.3 new text begin (c) Reimbursements must be previously authorized, adhere to the requirements and new text end 69.4 new text begin procedures prescribed by the commissioner, and be limited to: new text end 69.5 new text begin (1) child care for a child age 12 and younger, or for a child age 13 or 14 who has new text end 69.6 new text begin a documented disability that requires special instruction for and services by the child new text end 69.7 new text begin care provider. Child care reimbursements may be made if all available adult caregivers new text end 69.8 new text begin are employed or attending educational or vocational training programs. If a parent is new text end 69.9 new text begin attending an educational or vocational training program, child care reimbursement is new text end 69.10 new text begin limited to no more than the time necessary to complete the credit requirements for an new text end 69.11 new text begin associate or baccalaureate degree as determined by the educational institution. Child new text end 69.12 new text begin care reimbursement is not limited for an adoptive parent completing basic or remedial new text end 69.13 new text begin education programs needed to prepare for postsecondary education or employment; new text end 69.14 new text begin (2) respite care provided for the relief of the child's parent up to 504 hours of respite new text end 69.15 new text begin care annually; new text end 69.16 new text begin (3) camping up to 14 days per state fiscal year for a child to attend a special needs new text end 69.17 new text begin camp. The camp must be accredited by the American Camp Association as a special needs new text end 69.18 new text begin camp in order to be eligible for camp reimbursement; new text end 69.19 new text begin (4) postadoption counseling to promote the child's integration into the adoptive new text end 69.20 new text begin family that is provided by the placing agency during the first year following the date of the new text end 69.21 new text begin adoption decree. Reimbursement is limited to 12 sessions of postadoption counseling; new text end 69.22 new text begin (5) family counseling that is required to meet the child's special needs. new text end 69.23 new text begin Reimbursement is limited to the prorated portion of the counseling fees allotted to the new text end 69.24 new text begin family when the adoptive parent's health insurance or Medicaid pays for the child's new text end 69.25 new text begin counseling but does not cover counseling for the rest of the family members; new text end 69.26 new text begin (6) home modifications to accommodate the child's special needs upon which new text end 69.27 new text begin eligibility for adoption assistance was approved. Reimbursement is limited to once every new text end 69.28 new text begin five years per child; new text end 69.29 new text begin (7) vehicle modifications to accommodate the child's special needs upon which new text end 69.30 new text begin eligibility for adoption assistance was approved. Reimbursement is limited to once every new text end 69.31 new text begin five years per family; and new text end 69.32 new text begin (8) burial expenses up to $1,000, if the special needs, upon which eligibility for new text end 69.33 new text begin adoption assistance was approved, resulted in the death of the child. new text end 69.34 new text begin (d) The adoptive parent shall submit statements for expenses incurred between July new text end 69.35 new text begin 1 and June 30 of a given fiscal year to the state adoption assistance unit within 60 days new text end 69.36 new text begin after the end of the fiscal year in order for reimbursement to occur. new text end 70.1    Sec. 6. new text begin [259A.25] DETERMINATION OF ADOPTION ASSISTANCE BENEFITS new text end 70.2 new text begin AND PAYMENT. new text end 70.3     new text begin Subdivision 1. new text end new text begin Negotiation of adoption assistance agreement. new text end new text begin (a) A monthly new text end 70.4 new text begin payment is provided as part of the adoption assistance agreement to support the care of new text end 70.5 new text begin a child who has manifested special needs. The amount of the payment made on behalf new text end 70.6 new text begin of a child eligible for adoption assistance is determined through negotiation between new text end 70.7 new text begin the adoptive parent and the child-placing agency on behalf of the commissioner. The new text end 70.8 new text begin negotiation shall take into consideration the circumstances of the adopting parent and the new text end 70.9 new text begin needs of the child being adopted. The income of the adoptive parent must not be taken new text end 70.10 new text begin into consideration when determining eligibility for adoption assistance or the amount of new text end 70.11 new text begin the payments under section 259A.20. At the written request of the adoptive parent, the new text end 70.12 new text begin amount of the payment in the agreement may be renegotiated when there is a change in new text end 70.13 new text begin the child's needs or the family's circumstances. new text end 70.14 new text begin (b) The adoption assistance agreement of a child who is identified as an at-risk child new text end 70.15 new text begin must not include a monthly payment unless and until the potential disability upon which new text end 70.16 new text begin the eligibility for the agreement was based has manifested during childhood. new text end 70.17     new text begin Subd. 2. new text end new text begin Renegotiation of adoption assistance agreement. new text end new text begin (a) An adoptive new text end 70.18 new text begin parent of a child with an adoption assistance agreement may request renegotiation of the new text end 70.19 new text begin agreement when there is a change in the needs of the child or in the family's circumstances. new text end 70.20 new text begin When an adoptive parent requests renegotiation of the agreement, a reassessment of the new text end 70.21 new text begin child must be completed by: (1) the responsible social services agency in the child's county new text end 70.22 new text begin of residence; or (2) the child-placing agency that facilitated the adoption when the child's new text end 70.23 new text begin residence is out of state. If the reassessment indicates that the child's needs have changed, new text end 70.24 new text begin the child-placing agency, on behalf of the commissioner and the parent, shall renegotiate new text end 70.25 new text begin the agreement to include a payment of the level determined appropriate through the new text end 70.26 new text begin reassessment process using the assessment tool prescribed by the commissioner according new text end 70.27 new text begin to section 259A.15, subdivision 3. The agreement must not be renegotiated unless the new text end 70.28 new text begin commissioner and the parent mutually agree to the changes. The effective date of any new text end 70.29 new text begin renegotiated agreement must be determined according to requirements and procedures new text end 70.30 new text begin prescribed by the commissioner. new text end 70.31 new text begin (b) An adoptive parent of a child with an adoption assistance agreement based on new text end 70.32 new text begin the child being an at-risk child may request renegotiation of the agreement to include a new text end 70.33 new text begin monthly payment. The parent must have written documentation from a qualified expert new text end 70.34 new text begin that the potential disability upon which eligibility for adoption assistance was approved new text end 70.35 new text begin has manifested. Documentation of the disability must be limited to evidence deemed new text end 70.36 new text begin appropriate by the commissioner. Prior to renegotiating the agreement, a reassessment of new text end 71.1 new text begin the child must be conducted using an assessment tool prescribed by the commissioner new text end 71.2 new text begin according to section 259A.15, subdivision 3. The reassessment must be used to renegotiate new text end 71.3 new text begin the agreement to include an appropriate monthly payment. The agreement must not be new text end 71.4 new text begin renegotiated unless the commissioner and the adoptive parent mutually agree to the new text end 71.5 new text begin changes. The effective date of any renegotiated agreement must be determined according new text end 71.6 new text begin to requirements and procedures prescribed by the commissioner. new text end 71.7     new text begin Subd. 3. new text end new text begin Child income or income attributable to the child. new text end new text begin No income received new text end 71.8 new text begin by a child will be considered in determining a child's adoption assistance payment new text end 71.9 new text begin amount. If a child for whom a parent is receiving adoption assistance is also receiving new text end 71.10 new text begin Supplemental Security Income (SSI) or Retirement, Survivors, Disability Insurance new text end 71.11 new text begin (RSDI), the certifying agency shall inform the adoptive parent that the child's adoption new text end 71.12 new text begin assistance must be reported to the Social Security Administration. new text end 71.13    Sec. 7. new text begin [259A.30] REPORTING RESPONSIBILITIES. new text end 71.14     new text begin Subdivision 1. new text end new text begin Notification of change. new text end new text begin (a) An adoptive parent who has an adoption new text end 71.15 new text begin assistance agreement shall keep the agency administering the program informed of new text end 71.16 new text begin changes in status or circumstances that would make the child ineligible for the payments new text end 71.17 new text begin or eligible for payments in a different amount. new text end 71.18 new text begin (b) As long as the agreement is in effect, the adoptive parent agrees to notify the new text end 71.19 new text begin agency administering the program in writing within 30 days of any of the following new text end 71.20 new text begin changes: new text end 71.21 new text begin (1) the child's or adoptive parent's legal name; new text end 71.22 new text begin (2) the family's address; new text end 71.23 new text begin (3) the child's legal custody status; new text end 71.24 new text begin (4) the child's completion of high school, if this occurs after the child attains age 18; new text end 71.25 new text begin (5) the end of an adoptive parent's legal responsibility to support the child based on: new text end 71.26 new text begin termination of parental rights of the adoptive parent, transfer of guardianship to another new text end 71.27 new text begin person, or transfer of permanent legal and physical custody to another person; new text end 71.28 new text begin (6) the end of an adoptive parent's financial support of the child; new text end 71.29 new text begin (7) the death of the child; new text end 71.30 new text begin (8) the death of the adoptive parent; new text end 71.31 new text begin (9) the child enlists in the military; new text end 71.32 new text begin (10) the child gets married; new text end 71.33 new text begin (11) the child becomes an emancipated minor through legal action; new text end 71.34 new text begin (12) the adoptive parents separate or divorce; new text end 72.1 new text begin (13) the child is residing outside the adoptive home for a period of more than 30 new text end 72.2 new text begin consecutive days; and new text end 72.3 new text begin (14) the child's status upon which eligibility for extension under section 259A.45, new text end 72.4 new text begin subdivision 2 or 3, was based. new text end 72.5     new text begin Subd. 2. new text end new text begin Correct and true information. new text end new text begin If the adoptive parent reports information new text end 72.6 new text begin the adoptive parent knows is untrue, the adoptive parent fails to notify the commissioner new text end 72.7 new text begin of changes that may affect eligibility, or the agency administering the program receives new text end 72.8 new text begin information the adoptive parent did not report, the adoptive parent may be investigated for new text end 72.9 new text begin theft and, if charged and convicted, shall be sentenced under section 609.52, subdivision new text end 72.10 new text begin 3, clauses (1) to (5). new text end 72.11    Sec. 8. new text begin [259A.35] TERMINATION OF AGREEMENT. new text end 72.12     new text begin Subdivision 1. new text end new text begin Reasons for termination. new text end new text begin (a) An adoption assistance agreement new text end 72.13 new text begin shall terminate in any of the following circumstances: new text end 72.14 new text begin (1) the child has attained the age of 18, or up to age 21, when the child meets a new text end 72.15 new text begin condition for extension as outlined in section 259A.45, subdivision 1; new text end 72.16 new text begin (2) the child has not attained the age of 18, but the commissioner determines the new text end 72.17 new text begin adoptive parent is no longer legally responsible for support of the child; new text end 72.18 new text begin (3) the commissioner determines the adoptive parent is no longer providing financial new text end 72.19 new text begin support to the child up to age 21; new text end 72.20 new text begin (4) the death of the child; or new text end 72.21 new text begin (5) the adoptive parent requests in writing termination of the adoption assistance new text end 72.22 new text begin agreement. new text end 72.23 new text begin (b) An adoptive parent is considered no longer legally responsible for support of the new text end 72.24 new text begin child in any of the following circumstances: new text end 72.25 new text begin (1) parental rights to the child are legally terminated or a court accepted the parent's new text end 72.26 new text begin consent to adoption under chapter 260C; new text end 72.27 new text begin (2) permanent legal and physical custody or guardianship of the child is transferred new text end 72.28 new text begin to another individual; new text end 72.29 new text begin (3) death of adoptive parent; new text end 72.30 new text begin (4) child enlists in the military; new text end 72.31 new text begin (5) child gets married; or new text end 72.32 new text begin (6) child is determined an emancipated minor through legal action. new text end 72.33     new text begin Subd. 2. new text end new text begin Death of adoptive parent or adoption dissolution. new text end new text begin The adoption new text end 72.34 new text begin assistance agreement ends upon death or termination of parental rights of both adoptive new text end 72.35 new text begin parents in the case of a two-parent adoption, or the sole adoptive parent in the case of new text end 73.1 new text begin a single-parent adoption. The child's adoption assistance eligibility may be continued new text end 73.2 new text begin according to section 259A.40. new text end 73.3     new text begin Subd. 3. new text end new text begin Termination notice for parent. new text end new text begin The commissioner shall provide the new text end 73.4 new text begin child's parent written notice of termination of payment. Termination notices must be sent new text end 73.5 new text begin according to the requirements and procedures prescribed by the commissioner. new text end 73.6    Sec. 9. new text begin [259A.40] ASSIGNMENT OF ADOPTION ASSISTANCE AGREEMENT. new text end 73.7     new text begin Subdivision 1. new text end new text begin Continuing child's eligibility for title IV-E adoption assistance new text end 73.8 new text begin in a subsequent adoption. new text end new text begin (a) The child maintains eligibility for title IV-E adoption new text end 73.9 new text begin assistance in a subsequent adoption if the following criteria are met: new text end 73.10 new text begin (1) the child is determined to be a child with special needs as outlined in section new text end 73.11 new text begin 259A.10, subdivision 2; and new text end 73.12 new text begin (2) the subsequent adoptive parent resides in Minnesota. new text end 73.13 new text begin (b) If the child had a title IV-E adoption assistance agreement prior to the death of new text end 73.14 new text begin the adoptive parent or dissolution of the adoption, and the subsequent adoptive parent new text end 73.15 new text begin resides outside of Minnesota, the state is not responsible for determining whether the child new text end 73.16 new text begin meets the definition of special needs, entering into the adoption assistance agreement, and new text end 73.17 new text begin making any adoption assistance payments outlined in the new agreement unless a state new text end 73.18 new text begin agency in Minnesota has responsibility for placement and care of the child at the time of new text end 73.19 new text begin the subsequent adoption. If there is no state agency in Minnesota that has responsibility new text end 73.20 new text begin for placement and care of the child at the time of the subsequent adoption, it is the public new text end 73.21 new text begin child welfare agency in the subsequent adoptive parent's residence that is responsible for new text end 73.22 new text begin determining whether the child meets the definition of special needs and entering into the new text end 73.23 new text begin adoption assistance agreement. new text end 73.24     new text begin Subd. 2. new text end new text begin Assigning a child's adoption assistance to a court-appointed guardian. new text end 73.25 new text begin (a) State-funded adoption assistance may be continued with the written consent of the new text end 73.26 new text begin commissioner to an individual who is a guardian appointed by a court for the child upon new text end 73.27 new text begin the death of both the adoptive parents in the case of a two-parent adoption, or the sole new text end 73.28 new text begin adoptive parent in the case of a single-parent adoption, unless the child is under the new text end 73.29 new text begin custody of a child-placing agency. new text end 73.30 new text begin (b) Temporary assignment of adoption assistance may be approved by the new text end 73.31 new text begin commissioner for a maximum of six consecutive months from the death of the parent new text end 73.32 new text begin or parents and must adhere to the requirements and procedures prescribed by the new text end 73.33 new text begin commissioner. If, within six months, the child has not been adopted by a person agreed new text end 73.34 new text begin upon by the commissioner, or if a court has not appointed a legal guardian under either new text end 73.35 new text begin section 260C.325 or 524.5-313, or similar law of another jurisdiction, the adoption new text end 74.1 new text begin assistance shall terminate. Upon assignment of payments pursuant to this subdivision, new text end 74.2 new text begin funding shall be from state funds only. new text end 74.3    Sec. 10. new text begin [259A.45] EXTENSION OF ADOPTION ASSISTANCE AGREEMENT. new text end 74.4     new text begin Subdivision 1. new text end new text begin General requirements. new text end new text begin (a) Under certain limited circumstances a new text end 74.5 new text begin child may qualify for extension of the adoption assistance agreement beyond the date the new text end 74.6 new text begin child attains age 18, up to the date the child attains the age of 21. new text end 74.7 new text begin (b) A request for extension of the adoption assistance agreement must be completed new text end 74.8 new text begin in writing and submitted, including all supporting documentation, by the adoptive parent new text end 74.9 new text begin at least 60 calendar days prior to the date that the current agreement will terminate. new text end 74.10 new text begin (c) A signed amendment to the current adoption assistance agreement must be new text end 74.11 new text begin fully executed between the adoptive parent and the commissioner at least ten business new text end 74.12 new text begin days prior to the termination of the current agreement. The request for extension and the new text end 74.13 new text begin fully executed amendment must be made according to the requirements and procedures new text end 74.14 new text begin prescribed by the commissioner, including documentation of eligibility, and on forms new text end 74.15 new text begin prescribed by the commissioner. new text end 74.16 new text begin (d) If a child-placing agency is certifying a child for adoption assistance and new text end 74.17 new text begin the child will attain the age of 18 within 60 calendar days of submission, the request new text end 74.18 new text begin for extension must be completed in writing and submitted, including all supporting new text end 74.19 new text begin documentation, with the adoption assistance application. new text end 74.20     new text begin Subd. 2. new text end new text begin Extension past age 18 for child adopted after 16th birthday. new text end new text begin A child new text end 74.21 new text begin who has attained the age of 16 prior to finalization of the child's adoption is eligible for new text end 74.22 new text begin extension of the adoption assistance agreement up to the date the child attains age 21 new text end 74.23 new text begin if the child is: new text end 74.24 new text begin (1) dependent on the adoptive parent for care and financial support; and new text end 74.25 new text begin (2)(i) completing a secondary education program or a program leading to an new text end 74.26 new text begin equivalent credential; new text end 74.27 new text begin (ii) enrolled in an institution that provides postsecondary or vocational education; new text end 74.28 new text begin (iii) participating in a program or activity designed to promote or remove barriers to new text end 74.29 new text begin employment; new text end 74.30 new text begin (iv) employed for at least 80 hours per month; or new text end 74.31 new text begin (v) incapable of doing any of the activities described in clauses (i) to (iv) due to new text end 74.32 new text begin a medical condition where incapability is supported by documentation from an expert new text end 74.33 new text begin according to the requirements and procedures prescribed by the commissioner. new text end 74.34     new text begin Subd. 3. new text end new text begin Extension past age 18 for child adopted prior to 16th birthday. new text end new text begin A child new text end 74.35 new text begin who has not attained the age of 16 prior to finalization of the child's adoption is eligible new text end 75.1 new text begin for extension of the adoption assistance agreement up to the date the child attains the new text end 75.2 new text begin age of 21 if the child is: new text end 75.3 new text begin (1) dependent on the adoptive parent for care and financial support; and new text end 75.4 new text begin (2)(i) enrolled in a secondary education program or a program leading to the new text end 75.5 new text begin equivalent; or new text end 75.6 new text begin (ii) incapable of sustaining employment because of the continuation of a physical or new text end 75.7 new text begin mental disability, upon which eligibility for adoption assistance was approved. new text end 75.8    Sec. 11. new text begin [259A.50] OVERPAYMENTS OF ADOPTION ASSISTANCE. new text end 75.9 new text begin An amount of adoption assistance paid to an adoptive parent in excess of the new text end 75.10 new text begin payment that was actually due is recoverable by the commissioner, even when the new text end 75.11 new text begin overpayment was caused by agency error or circumstances outside the responsibility and new text end 75.12 new text begin control of the parent or provider. Adoption assistance amounts covered by this section new text end 75.13 new text begin include basic maintenance needs payments, monthly supplemental maintenance needs new text end 75.14 new text begin payments, reimbursement of nonrecurring adoption expenses, reimbursement of special new text end 75.15 new text begin nonmedical costs, and reimbursement of medical costs. new text end 75.16    Sec. 12. new text begin [259A.55] APPEALS AND FAIR HEARINGS. new text end 75.17     new text begin Subdivision 1. new text end new text begin Appeals for denials, modifications, or terminations. new text end new text begin An adoptive new text end 75.18 new text begin parent or a prospective adoptive parent has the right to appeal to the commissioner under new text end 75.19 new text begin section 256.045, for reasons including, but not limited to: when eligibility for adoption new text end 75.20 new text begin assistance is denied, when a specific payment or reimbursement is modified or denied, new text end 75.21 new text begin and when the agreement for an eligible child is terminated. A prospective adoptive parent new text end 75.22 new text begin who disagrees with a decision by the commissioner prior to finalization of the adoption new text end 75.23 new text begin may request review of the decision by the commissioner, or may appeal the decision new text end 75.24 new text begin under section 256.045. new text end 75.25     new text begin Subd. 2. new text end new text begin Extenuating circumstances. new text end new text begin (a) An adoption assistance agreement must new text end 75.26 new text begin be signed and fully executed prior to the court order that finalizes the adoption. An new text end 75.27 new text begin adoptive parent who believes that extenuating circumstances exist, as to why the adoption new text end 75.28 new text begin was finalized prior to fully executing an adoption assistance agreement, may request new text end 75.29 new text begin a fair hearing. The parent has the responsibility to prove the existence of extenuating new text end 75.30 new text begin circumstances, such as: new text end 75.31 new text begin (1) relevant facts regarding the child were known by the child-placing agency and new text end 75.32 new text begin not presented to the parent prior to finalization of the adoption; or new text end 75.33 new text begin (2) the child-placing agency failed to advise a potential parent about the availability new text end 75.34 new text begin of adoption assistance for a child in the county-paid foster care system. new text end 76.1 new text begin (b) If an appeals judge finds through the fair hearing process that extenuating new text end 76.2 new text begin circumstances existed and that the child met all eligibility criteria at the time the adoption new text end 76.3 new text begin was finalized, the effective date and any associated federal financial participation shall new text end 76.4 new text begin be retroactive to the date of the request for a fair hearing. new text end 76.5    Sec. 13. new text begin [259A.65] INTERSTATE COMPACT ON ADOPTION AND MEDICAL new text end 76.6 new text begin ASSISTANCE. new text end 76.7     new text begin Subdivision 1. new text end new text begin Purpose. new text end new text begin It is the purpose and policy of the state of Minnesota to: new text end 76.8 new text begin (1) enter into interstate agreements with agencies of other states to safeguard and new text end 76.9 new text begin protect the interests of children covered by an adoption assistance agreement when they new text end 76.10 new text begin are adopted across state lines or move to another state after adoption finalization; and new text end 76.11 new text begin (2) provide a framework for uniformity and consistency in administrative procedures new text end 76.12 new text begin when a child with special needs is adopted by a family in another state and for children new text end 76.13 new text begin adopted in Minnesota who move to another state. new text end 76.14     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin For the purposes of this section, the terms defined in this new text end 76.15 new text begin subdivision have the meanings given them, unless the context clearly indicates otherwise. new text end 76.16 new text begin (a) "Adoption assistance state" means the state that certifies eligibility for Medicaid new text end 76.17 new text begin in an adoption assistance agreement. new text end 76.18 new text begin (b) "Resident state" means the state where the adopted child is a resident. new text end 76.19 new text begin (c) "State" means a state of the United States, the District of Columbia, new text end 76.20 new text begin the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the new text end 76.21 new text begin Commonwealth of the Northern Mariana Islands, or a territory or possession of the new text end 76.22 new text begin United States. new text end 76.23     new text begin Subd. 3. new text end new text begin Compacts authorized. new text end new text begin The commissioner is authorized to develop, new text end 76.24 new text begin negotiate, and enter into one or more interstate compacts on behalf of this state with other new text end 76.25 new text begin states to implement Medicaid for children with adoption assistance agreements. new text end 76.26     new text begin Subd. 4. new text end new text begin Contents of compacts. new text end new text begin (a) A compact must include: new text end 76.27 new text begin (1) a provision allowing all states to join the compact; new text end 76.28 new text begin (2) a provision for withdrawal from the compact upon written notice to the parties, new text end 76.29 new text begin effective one year after the notice is provided; new text end 76.30 new text begin (3) a requirement that the protections afforded under the compact continue in force new text end 76.31 new text begin for the duration of the adoption assistance from a party state other than the one in which new text end 76.32 new text begin the adopted child is a resident; new text end 76.33 new text begin (4) a requirement that each instance of adoption assistance to which the compact new text end 76.34 new text begin applies be covered by an adoption assistance agreement in writing between the adoptive new text end 76.35 new text begin parent and the state child welfare agency of the state that provides the adoption assistance, new text end 77.1 new text begin and that the agreement be expressly for the benefit of the adopted child and enforceable by new text end 77.2 new text begin the adoptive parent and the state agency providing the adoption assistance; and new text end 77.3 new text begin (5) other provisions necessary and appropriate for the proper administration of the new text end 77.4 new text begin compact. new text end 77.5 new text begin (b) A compact may contain provisions establishing requirements and entitlements to new text end 77.6 new text begin medical, developmental, child care, or other social services for the child under state law, new text end 77.7 new text begin even though the child and the adoptive parent are in a state other than the one responsible new text end 77.8 new text begin for or providing the services or funds to pay part or all of the costs. new text end 77.9     new text begin Subd. 5. new text end new text begin Duties of commissioner of human services regarding medical new text end 77.10 new text begin assistance. new text end new text begin (a) The commissioner of human services shall: new text end 77.11 new text begin (1) provide Minnesota medical assistance for an adopted child who is title IV-E new text end 77.12 new text begin eligible; new text end 77.13 new text begin (2) provide Minnesota medical assistance for an adopted child who is not title IV-E new text end 77.14 new text begin eligible who: new text end 77.15 new text begin (i) was determined to have a special need for medical or rehabilitative care; new text end 77.16 new text begin (ii) is living in another state; and new text end 77.17 new text begin (iii) is covered by an adoption assistance agreement made by the commissioner for new text end 77.18 new text begin medical coverage or benefits when the child is not eligible for Medicaid in the child's new text end 77.19 new text begin residence state; new text end 77.20 new text begin (3) consider the holder of a medical assistance identification card under this new text end 77.21 new text begin subdivision as any other recipient of medical assistance under chapter 256B; and new text end 77.22 new text begin (4) process and make payments on claims for the recipient in the same manner as new text end 77.23 new text begin for other recipients of medical assistance. new text end 77.24 new text begin (b) Coverage must be limited to providers authorized by Minnesota's medical new text end 77.25 new text begin assistance program, and according to Minnesota's program requirements. new text end 77.26     new text begin Subd. 6. new text end new text begin Cooperation with Medicaid. new text end new text begin The adoptive parent shall cooperate with new text end 77.27 new text begin and abide by the Medicaid program requirements and procedures of the state which new text end 77.28 new text begin provides medical coverage. new text end 77.29     new text begin Subd. 7. new text end new text begin Federal participation. new text end new text begin The commissioner shall apply for and administer new text end 77.30 new text begin all relevant aid in accordance with state and federal law. new text end 77.31    Sec. 14. new text begin [259A.70] REIMBURSEMENT OF NONRECURRING ADOPTION new text end 77.32 new text begin EXPENSES. new text end 77.33 new text begin (a) The commissioner of human services shall provide reimbursement to an adoptive new text end 77.34 new text begin parent for costs incurred in an adoption of a child with special needs according to section new text end 77.35 new text begin 259A.10, subdivision 2. Reimbursement shall be made for expenses that are reasonable new text end 78.1 new text begin and necessary for the adoption to occur, subject to a maximum of $2,000. The expenses new text end 78.2 new text begin must directly relate to the legal adoption of the child, not be incurred in violation of state new text end 78.3 new text begin or federal law, and must not have been reimbursed from other sources or funds. new text end 78.4 new text begin (b) Children who have special needs but are not citizens or residents of the United new text end 78.5 new text begin States and were either adopted in another country or brought to this country for the new text end 78.6 new text begin purposes of adoption are categorically ineligible for this reimbursement program, except if new text end 78.7 new text begin the child meets the eligibility criteria after the dissolution of the international adoption. new text end 78.8 new text begin (c) An adoptive parent, in consultation with the responsible child-placing agency, new text end 78.9 new text begin may request reimbursement of nonrecurring adoption expenses by submitting a complete new text end 78.10 new text begin application, according to the requirements and procedures and on forms prescribed by new text end 78.11 new text begin the commissioner. new text end 78.12 new text begin (d) The commissioner shall determine the child's eligibility for adoption expense new text end 78.13 new text begin reimbursement under title IV-E of the Social Security Act, United States Code, title 42, new text end 78.14 new text begin sections 670 to 676. If determined eligible, the commissioner of human services shall new text end 78.15 new text begin sign the agreement for nonrecurring adoption expense reimbursement, making this a new text end 78.16 new text begin fully executed agreement. To be eligible, the agreement must be fully executed prior to new text end 78.17 new text begin the child's adoption finalization. new text end 78.18 new text begin (e) An adoptive parent who has an adoption assistance agreement under section new text end 78.19 new text begin 259A.15, subdivision 2, is not required to make a separate application for reimbursement new text end 78.20 new text begin of nonrecurring adoption expenses for the child who is the subject of that agreement. new text end 78.21 new text begin (f) If determined eligible, the adoptive parent shall submit reimbursement requests new text end 78.22 new text begin within 21 months of the date of the child's adoption decree, and according to requirements new text end 78.23 new text begin and procedures prescribed by the commissioner. new text end 78.24    Sec. 15. new text begin [259A.75] REIMBURSEMENT OF CERTAIN AGENCY COSTS; new text end 78.25 new text begin PURCHASE OF SERVICE CONTRACTS. new text end 78.26     new text begin Subdivision 1. new text end new text begin General information. new text end new text begin (a) Subject to the procedures required by new text end 78.27 new text begin the commissioner and the provisions of this section, a Minnesota county or tribal social new text end 78.28 new text begin services agency shall receive a reimbursement from the commissioner equal to 100 new text end 78.29 new text begin percent of the reasonable and appropriate cost for contracted adoption placement services new text end 78.30 new text begin identified for a specific child that are not reimbursed under other federal or state funding new text end 78.31 new text begin sources. new text end 78.32 new text begin (b) The commissioner may spend up to $16,000 for each purchase of service new text end 78.33 new text begin contract. Only one contract per child per adoptive placement is permitted. Funds new text end 78.34 new text begin encumbered and obligated under the contract for the child remain available until the terms new text end 78.35 new text begin of the contract are fulfilled or the contract is terminated. new text end 79.1 new text begin (c) The commissioner shall set aside an amount not to exceed five percent of the new text end 79.2 new text begin total amount of the fiscal year appropriation from the state for the adoption assistance new text end 79.3 new text begin program to reimburse placing agencies for child-specific adoption placement services. new text end 79.4 new text begin When adoption assistance payments for children's needs exceed 95 percent of the total new text end 79.5 new text begin amount of the fiscal year appropriation from the state for the adoption assistance program, new text end 79.6 new text begin the amount of reimbursement available to placing agencies for adoption services is new text end 79.7 new text begin reduced correspondingly. new text end 79.8     new text begin Subd. 2. new text end new text begin Child eligibility criteria. new text end new text begin (a) A child who is the subject of a purchase new text end 79.9 new text begin of service contract must: new text end 79.10 new text begin (1) have the goal of adoption, which may include an adoption in accordance with new text end 79.11 new text begin tribal law; new text end 79.12 new text begin (2) be under the guardianship of the commissioner of human services or be a ward of new text end 79.13 new text begin tribal court pursuant to section 260.755, subdivision 20; and new text end 79.14 new text begin (3) meet all of the special needs criteria according to section 259A.10, subdivision 2. new text end 79.15 new text begin (b) A child under the guardianship of the commissioner must have an identified new text end 79.16 new text begin adoptive parent and a fully executed adoption placement agreement according to section new text end 79.17 new text begin 260C.613, subdivision 1, paragraph (a). new text end 79.18     new text begin Subd. 3. new text end new text begin Agency eligibility criteria. new text end new text begin (a) A Minnesota county or tribal social new text end 79.19 new text begin services agency shall receive reimbursement for child-specific adoption placement new text end 79.20 new text begin services for an eligible child that it purchases from a private adoption agency licensed in new text end 79.21 new text begin Minnesota or any other state or tribal social services agency. new text end 79.22 new text begin (b) Reimbursement for adoption services is available only for services provided new text end 79.23 new text begin prior to the date of the adoption decree. new text end 79.24     new text begin Subd. 4. new text end new text begin Application and eligibility determination. new text end new text begin (a) A county or tribal social new text end 79.25 new text begin services agency may request reimbursement of costs for adoption placement services by new text end 79.26 new text begin submitting a complete purchase of service application, according to the requirements and new text end 79.27 new text begin procedures and on forms prescribed by the commissioner. new text end 79.28 new text begin (b) The commissioner shall determine eligibility for reimbursement of adoption new text end 79.29 new text begin placement services. If determined eligible, the commissioner of human services shall new text end 79.30 new text begin sign the purchase of service agreement, making this a fully executed contract. No new text end 79.31 new text begin reimbursement under this section shall be made to an agency for services provided prior to new text end 79.32 new text begin the fully executed contract. new text end 79.33 new text begin (c) Separate purchase of service agreements shall be made, and separate records new text end 79.34 new text begin maintained, on each child. Only one agreement per child per adoptive placement is new text end 79.35 new text begin permitted. For siblings who are placed together, services shall be planned and provided to new text end 79.36 new text begin best maximize efficiency of the contracted hours. new text end 80.1     new text begin Subd. 5. new text end new text begin Reimbursement process. new text end new text begin (a) The agency providing adoption services is new text end 80.2 new text begin responsible to track and record all service activity, including billable hours, on a form new text end 80.3 new text begin prescribed by the commissioner. The agency shall submit this form to the state for new text end 80.4 new text begin reimbursement after services have been completed. new text end 80.5 new text begin (b) The commissioner shall make the final determination whether or not the new text end 80.6 new text begin requested reimbursement costs are reasonable and appropriate and if the services have new text end 80.7 new text begin been completed according to the terms of the purchase of service agreement. new text end 80.8     new text begin Subd. 6. new text end new text begin Retention of purchase of service records. new text end new text begin Agencies entering into new text end 80.9 new text begin purchase of service contracts shall keep a copy of the agreements, service records, and all new text end 80.10 new text begin applicable billing and invoicing according to the department's record retention schedule. new text end 80.11 new text begin Agency records shall be provided upon request by the commissioner. new text end 80.12    Sec. 16. new text begin EFFECTIVE DATE. new text end 80.13 new text begin This article is effective August 1, 2012. new text end 80.14ARTICLE 4 80.15CHILD PROTECTION 80.16    Section 1. Minnesota Statutes 2010, section 260.012, is amended to read: 80.17260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 80.18REUNIFICATION; REASONABLE EFFORTS. 80.19    (a) Once a child alleged to be in need of protection or services is under the court's 80.20jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 80.21services, by the social services agency are made to prevent placement or to eliminate the 80.22need for removal and to reunite the child with the child's family at the earliest possible 80.23time, and the court must ensure that the responsible social services agency makes 80.24reasonable efforts to finalize an alternative permanent plan for the child as provided in 80.25paragraph (e). In determining reasonable efforts to be made with respect to a child and in 80.26making those reasonable efforts, the child's best interests, health, and safety must be of 80.27paramount concern. Reasonable efforts to prevent placement and for rehabilitation and 80.28reunification are always required except upon a determination by the court that a petition 80.29has been filed stating a prima facie case that: 80.30    (1) the parent has subjected a child to egregious harm as defined in section 80.31260C.007, subdivision 14 ; 80.32    (2) the parental rights of the parent to another child have been terminated 80.33involuntarily; 81.1    (3) the child is an abandoned infant under section 260C.301, subdivision 2, 81.2paragraph (a), clause (2); 81.3    (4) the parent's custodial rights to another child have been involuntarily transferred 81.4to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar 81.5law of another jurisdiction; or 81.6 new text begin (5) the parent has committed sexual abuse as defined in section 626.556, subdivision new text end 81.7 new text begin 2, against the child or another child of the parent; new text end 81.8 new text begin (6) the parent has committed an offense that requires registration as a predatory new text end 81.9 new text begin offender under section 243.166, subdivision 1b, paragraph (a) or (b); or new text end 81.10    (5) new text begin (7) new text end the provision of services or further services for the purpose of reunification is 81.11futile and therefore unreasonable under the circumstances. 81.12    (b) When the court makes one of the prima facie determinations under paragraph (a), 81.13either permanency pleadings under section 260C.201, subdivision 11, or a termination 81.14of parental rights petition under sections 260C.141 and 260C.301 must be filed. A 81.15permanency hearing under section 260C.201, subdivision 11, must be held within 30 81.16days of this determination. 81.17    (c) In the case of an Indian child, in proceedings under sections 260B.178 or 81.18260C.178 , 260C.201, and 260C.301 the juvenile court must make findings and conclusions 81.19consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 81.201901 et seq., as to the provision of active efforts. In cases governed by the Indian Child 81.21Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social 81.22services agency must provide active efforts as required under United States Code, title 81.2325, section 1911(d). 81.24    (d) "Reasonable efforts to prevent placement" means: 81.25    (1) the agency has made reasonable efforts to prevent the placement of the child in 81.26foster care by working with the family to develop and implement a safety plan; or 81.27    (2) given the particular circumstances of the child and family at the time of the 81.28child's removal, there are no services or efforts available which could allow the child to 81.29safely remain in the home. 81.30    (e) "Reasonable efforts to finalize a permanent plan for the child" means due 81.31diligence by the responsible social services agency to: 81.32    (1) reunify the child with the parent or guardian from whom the child was removed; 81.33    (2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 81.34where appropriate, provide services necessary to enable the noncustodial parent to safely 81.35provide the care, as required by section 260C.212, subdivision 4; 82.1    (3) conduct a relative search to identify and provide notice to adult relatives as 82.2required under section 260C.212, subdivision 5; 82.3(4) place siblings removed from their home in the same home for foster care or 82.4adoption, or transfer permanent legal and physical custody to a relative. Visitation 82.5between siblings who are not in the same foster care, adoption, or custodial placement or 82.6facility shall be consistent with section 260C.212, subdivision 2; and 82.7    (5) when the child cannot return to the parent or guardian from whom the child was 82.8removed, to plan for and finalize a safe and legally permanent alternative home for the 82.9child, and considers permanent alternative homes for the child inside or outside of the 82.10state, preferably through adoption or transfer of permanent legal and physical custody of 82.11the child. 82.12    (f) Reasonable efforts are made upon the exercise of due diligence by the responsible 82.13social services agency to use culturally appropriate and available services to meet the 82.14needs of the child and the child's family. Services may include those provided by the 82.15responsible social services agency and other culturally appropriate services available in 82.16the community. At each stage of the proceedings where the court is required to review 82.17the appropriateness of the responsible social services agency's reasonable efforts as 82.18described in paragraphs (a), (d), and (e), the social services agency has the burden of 82.19demonstrating that: 82.20    (1) it has made reasonable efforts to prevent placement of the child in foster care; 82.21    (2) it has made reasonable efforts to eliminate the need for removal of the child from 82.22the child's home and to reunify the child with the child's family at the earliest possible time; 82.23    (3) it has made reasonable efforts to finalize an alternative permanent home for 82.24the child, and considers permanent alternative homes for the child inside or outside of 82.25the state; or 82.26    (4) reasonable efforts to prevent placement and to reunify the child with the parent 82.27or guardian are not required. The agency may meet this burden by stating facts in a sworn 82.28petition filed under section 260C.141, by filing an affidavit summarizing the agency's 82.29reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 82.30efforts to reunify the parent and child, or through testimony or a certified report required 82.31under juvenile court rules. 82.32    (g) Once the court determines that reasonable efforts for reunification are not 82.33required because the court has made one of the prima facie determinations under paragraph 82.34(a), the court may only require reasonable efforts for reunification after a hearing according 82.35to section 260C.163, where the court finds there is not clear and convincing evidence of 82.36the facts upon which the court based its prima facie determination. In this case when there 83.1is clear and convincing evidence that the child is in need of protection or services, the 83.2court may find the child in need of protection or services and order any of the dispositions 83.3available under section 260C.201, subdivision 1. Reunification of a surviving child with a 83.4parent is not required if the parent has been convicted of: 83.5    (1) a violation of, or an attempt or conspiracy to commit a violation of, sections 83.6609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the 83.7parent; 83.8    (2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the 83.9surviving child; or 83.10    (3) a violation of, or an attempt or conspiracy to commit a violation of, United States 83.11Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent. new text begin ; new text end 83.12 new text begin (4) committing sexual abuse as defined in section 626.556, subdivision 2, against new text end 83.13 new text begin the child or another child of the parent; or new text end 83.14 new text begin (5) an offense that requires registration as a predatory offender under section new text end 83.15 new text begin 243.166, subdivision 1b, paragraph (a) or (b). new text end 83.16    (h) The juvenile court, in proceedings under sections 260B.178 or 260C.178, 83.17260C.201 , and 260C.301 shall make findings and conclusions as to the provision of 83.18reasonable efforts. When determining whether reasonable efforts have been made, the 83.19court shall consider whether services to the child and family were: 83.20    (1) relevant to the safety and protection of the child; 83.21    (2) adequate to meet the needs of the child and family; 83.22    (3) culturally appropriate; 83.23    (4) available and accessible; 83.24    (5) consistent and timely; and 83.25    (6) realistic under the circumstances. 83.26    In the alternative, the court may determine that provision of services or further 83.27services for the purpose of rehabilitation is futile and therefore unreasonable under the 83.28circumstances or that reasonable efforts are not required as provided in paragraph (a). 83.29    (i) This section does not prevent out-of-home placement for treatment of a child with 83.30a mental disability when it is determined to be medically necessary as a result of the child's 83.31diagnostic assessment or individual treatment plan indicates that appropriate and necessary 83.32treatment cannot be effectively provided outside of a residential or inpatient treatment 83.33program and the level or intensity of supervision and treatment cannot be effectively and 83.34safely provided in the child's home or community and it is determined that a residential 83.35treatment setting is the least restrictive setting that is appropriate to the needs of the child. 84.1    (j) If continuation of reasonable efforts to prevent placement or reunify the child 84.2with the parent or guardian from whom the child was removed is determined by the court 84.3to be inconsistent with the permanent plan for the child or upon the court making one of 84.4the prima facie determinations under paragraph (a), reasonable efforts must be made to 84.5place the child in a timely manner in a safe and permanent home and to complete whatever 84.6steps are necessary to legally finalize the permanent placement of the child. 84.7    (k) Reasonable efforts to place a child for adoption or in another permanent 84.8placement may be made concurrently with reasonable efforts to prevent placement or to 84.9reunify the child with the parent or guardian from whom the child was removed. When 84.10the responsible social services agency decides to concurrently make reasonable efforts for 84.11both reunification and permanent placement away from the parent under paragraph (a), the 84.12agency shall disclose its decision and both plans for concurrent reasonable efforts to all 84.13parties and the court. When the agency discloses its decision to proceed on both plans for 84.14reunification and permanent placement away from the parent, the court's review of the 84.15agency's reasonable efforts shall include the agency's efforts under both plans. 84.16    Sec. 2. Minnesota Statutes 2010, section 260C.001, is amended to read: 84.17260C.001 TITLE, INTENT, AND CONSTRUCTION. 84.18    Subdivision 1. Citation new text begin ; scope new text end . new text begin (a) new text end Sections 260C.001 to new text begin 260C.521 new text end may 84.19be cited as the child new text begin juvenile new text end protection provisions of the Juvenile Court Act. 84.20 new text begin (b) Juvenile protection proceedings include: new text end 84.21 new text begin (1) a child in need of protection or services matters; new text end 84.22 new text begin (2) permanency matters, including termination of parental rights; new text end 84.23 new text begin (3) postpermanency reviews under sections 260C.317 and 260C.521; and new text end 84.24 new text begin (4) adoption matters including posttermination of parental rights proceedings that new text end 84.25 new text begin review the responsible social services agency's reasonable efforts to finalize adoption. new text end 84.26    Subd. 2. Child in need of new text begin Juvenile new text end protection services new text begin proceedings new text end . (a) The 84.27paramount consideration in all new text begin juvenile protection new text end proceedings concerning a child alleged 84.28or found to be in need of protection or services is the health, safety, and best interests 84.29of the child. In proceedings involving an American Indian child, as defined in section 84.30260.755, subdivision 8 , the best interests of the child must be determined consistent with 84.31sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 84.3225, sections 1901 to 1923. 84.33    (b) The purpose of the laws relating to juvenile courts new text begin protection proceedings new text end is: 85.1    (1) to secure for each child alleged or adjudicated in need of protection or services 85.2and under the jurisdiction of the court, the care and guidance, preferably in the child's own 85.3home, as will best serve the spiritual, emotional, mental, and physical welfare of the child; 85.4    (2) to provide judicial procedures which new text begin that new text end protect the welfare of the child; 85.5    (3) to preserve and strengthen the child's family ties whenever possible and in the 85.6child's best interests, removing the child from the custody of parents only when the child's 85.7welfare or safety cannot be adequately safeguarded without removal; 85.8    (4) to ensure that when removal from the child's own family is necessary and in the 85.9child's best interests, the responsible social services agency has legal responsibility for 85.10the child removal either: 85.11    (i) pursuant to a voluntary placement agreement between the child's parent or 85.12guardian new text begin or the child, when the child is over age 18, new text end and the responsible social services 85.13agency; or 85.14    (ii) by court order pursuant to section 260C.151, subdivision 6; ; or 85.15 new text begin 260C.178; new text end 260C.201; new text begin 260C.325; or 260C.515; new text end 85.16    (5) to ensure that, when placement is pursuant to court order, the court order 85.17removing the child or continuing the child in foster care contains an individualized 85.18determination that placement is in the best interests of the child that coincides with the 85.19actual removal of the child; and 85.20    (6) to ensure that when the child is removed, the child's care and discipline is, as 85.21nearly as possible, equivalent to that which should have been given by the parents and is 85.22either in: 85.23    (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, 85.24subdivision 1, paragraph (a), clause (1); 85.25    (ii) the home of a relative pursuant to emergency placement by the responsible social 85.26services agency under chapter 245A; or 85.27    (iii) a foster home new text begin care new text end licensed under chapter 245A. new text begin ; and new text end 85.28 new text begin (7) to ensure appropriate permanency planning for children in foster care including: new text end 85.29 new text begin (i) unless reunification is not required under section 260.012, developing a new text end 85.30 new text begin permanency plan for the child that includes a primary plan for reunification with the new text end 85.31 new text begin child's parent or guardian and a secondary plan for an alternative, legally permanent home new text end 85.32 new text begin for the child in the event reunification cannot be achieved in a timely manner; new text end 85.33 new text begin (ii) identifying, locating, and assessing both parents of the child as soon as possible new text end 85.34 new text begin and offering reunification services to both parents of the child as required under section new text end 85.35 new text begin 260.012 and 260C.219; new text end 86.1 new text begin (iii) identifying, locating, and notifying relatives of both parents of the child new text end 86.2 new text begin according to section 260C.221; new text end 86.3 new text begin (iv) making a placement with a family that will commit to being the legally new text end 86.4 new text begin permanent home for the child in the event reunification cannot occur at the earliest new text end 86.5 new text begin possible time while at the same time actively supporting the reunification plan; and new text end 86.6 new text begin (v) returning the child home with supports and services, as soon as return is safe new text end 86.7 new text begin for the child, or when safe return cannot be timely achieved, moving to finalize another new text end 86.8 new text begin legally permanent home for the child. new text end 86.9    Subd. 3. Permanency and new text begin , new text end termination of parental rights new text begin , and adoption new text end . The 86.10purpose of the laws relating to permanency and new text begin , new text end termination of parental rights new text begin , and children new text end 86.11 new text begin who come under the guardianship of the commissioner of human services new text end is to ensure that: 86.12(1) when required and appropriate, reasonable efforts have been made by the social 86.13services agency to reunite the child with the child's parents in a home that is safe and 86.14permanent; and 86.15(2) if placement with the parents is not reasonably foreseeable, to secure for the 86.16child a safe and permanent placement new text begin according to the requirements of section 260C.212, new text end 86.17 new text begin subdivision 2 new text end , preferably with adoptive parents or new text begin , if that is not possible or in the best new text end 86.18 new text begin interests of the child, new text end a fit and willing relative through transfer of permanent legal and 86.19physical custody to that relative new text begin ; and new text end 86.20 new text begin (3) when a child is under the guardianship of the commissioner of human services, new text end 86.21 new text begin reasonable efforts are made to finalize an adoptive home for the child in a timely manner new text end . 86.22Nothing in this section requires reasonable efforts to prevent placement or to reunify 86.23the child with the parent or guardian to be made in circumstances where the court has 86.24determined that the child has been subjected to egregious harm, when the child is an 86.25abandoned infant, the parent has involuntarily lost custody of another child through a 86.26proceeding under section 260C.201, subdivision 11 new text begin 260C.515, subdivision 4 new text end , or similar 86.27law of another state, the parental rights of the parent to a sibling have been involuntarily 86.28terminated, or the court has determined that reasonable efforts or further reasonable efforts 86.29to reunify the child with the parent or guardian would be futile. 86.30The paramount consideration in all proceedings for permanent placement of the 86.31child under section 260C.201, subdivision 11 new text begin sections 260C.503 to 260C.521 new text end , or the 86.32termination of parental rights is the best interests of the child. In proceedings involving an 86.33American Indian child, as defined in section 260.755, subdivision 8, the best interests of 86.34the child must be determined consistent with the Indian Child Welfare Act of 1978, United 86.35States Code, title 25, section 1901, et seq. 87.1    Subd. 4. Construction. The laws relating to the child protection provisions of 87.2the juvenile courts new text begin protection proceedings new text end shall be liberally construed to carry out these 87.3purposes. 87.4    Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 4, is amended to read: 87.5    Subd. 4. Child. "Child" means an individual under 18 years of age. For purposes of 87.6this chapter new text begin and chapter 260D new text end , child also includes individuals under age 21 who are in 87.7foster care pursuant to section 260C.451. 87.8    Sec. 4. Minnesota Statutes 2010, section 260C.007, is amended by adding a 87.9subdivision to read: 87.10     new text begin Subd. 26a. new text end new text begin Putative father. new text end new text begin "Putative father" has the meaning given in section new text end 87.11 new text begin 259.21, subdivision 12. new text end 87.12    Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a 87.13subdivision to read: 87.14     new text begin Subd. 27a. new text end new text begin Responsible social services agency. new text end new text begin "Responsible social services new text end 87.15 new text begin agency" means the county social services agency that has responsibility for public child new text end 87.16 new text begin welfare and child protection services and includes the provision of adoption services as an new text end 87.17 new text begin agent of the commissioner of human services. new text end 87.18    Sec. 6. Minnesota Statutes 2010, section 260C.007, is amended by adding a 87.19subdivision to read: 87.20     new text begin Subd. 32. new text end new text begin Sibling. new text end new text begin "Sibling" means one of two or more individuals who have one new text end 87.21 new text begin or both parents in common through blood, marriage, or adoption, including siblings as new text end 87.22 new text begin defined by the child's tribal code or custom. new text end 87.23    Sec. 7. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to read: 87.24    Subd. 2. Other matters relating to children. Except as provided in clause (4), The 87.25juvenile court has original and exclusive jurisdiction in proceedings concerning: 87.26    (1) the termination of parental rights to a child in accordance with the provisions of 87.27sections 260C.301 to 260C.328; 87.28    (2) new text begin permanency matters under sections 260C.503 to 260C.521; new text end 87.29 new text begin (3) new text end the appointment and removal of a juvenile court guardian for a child, where 87.30parental rights have been terminated under the provisions of sections 260C.301 to 87.31260C.328 ; 88.1    (3) new text begin (4) new text end judicial consent to the marriage of a child when required by law; 88.2    (4) the juvenile court in those counties in which the judge of the probate-juvenile 88.3court has been admitted to the practice of law in this state shall proceed under the laws 88.4relating to adoptions in all adoption matters. In those counties in which the judge of the 88.5probate-juvenile court has not been admitted to the practice of law in this state the district 88.6court shall proceed under the laws relating to adoptions in 88.7 new text begin (5) new text end all adoption matters new text begin and review of the efforts to finalize the adoption of the child new text end 88.8 new text begin under section 260C.317 new text end ; 88.9    (5) new text begin (6) new text end the review of the placement of a child who is in foster care pursuant to a 88.10voluntary placement agreement between the child's parent or parents and the responsible 88.11social services agency under section 260C.212, subdivision 8 new text begin 260C.227 new text end ; new text begin or between the new text end 88.12 new text begin child, when the child is over age 18, and the agency under section 260C.229; and new text end 88.13    (6) new text begin (7) new text end the review of voluntary foster care placement of a child for treatment under 88.14chapter 260D according to the review requirements of that chapter. 88.15    Sec. 8. Minnesota Statutes 2010, section 260C.157, subdivision 1, is amended to read: 88.16    Subdivision 1. Investigation. Upon request of the court the responsible social 88.17services agency or probation officer shall investigate the personal and family history 88.18and environment of any minor coming within the jurisdiction of the court under section 88.19260C.101 and shall report its findings to the court. The court may order any minor coming 88.20within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or 88.21psychologist appointed by the court. 88.22Adoption investigations shall be conducted in accordance with the laws relating to 88.23adoptions new text begin in chapter 259 new text end . Any funds received under the provisions of this subdivision 88.24shall not cancel until the end of the fiscal year immediately following the fiscal year in 88.25which the funds were received. The funds are available for use by the commissioner of 88.26corrections during that period and are hereby appropriated annually to the commissioner of 88.27corrections as reimbursement of the costs of providing these services to the juvenile courts. 88.28    Sec. 9. Minnesota Statutes 2010, section 260C.163, subdivision 1, is amended to read: 88.29    Subdivision 1. General. (a) Except for hearings arising under section 260C.425, 88.30hearings on any matter shall be without a jury and may be conducted in an informal 88.31manner. In all adjudicatory proceedings involving a child alleged to be in need of 88.32protection or services new text begin regarding juvenile protection matters under this chapter new text end , the court 88.33shall admit only evidence that would be admissible in a civil trial. To be proved at trial, 89.1allegations of a petition alleging a child to be in need of protection or services must be 89.2proved by clear and convincing evidence. 89.3    (b) Except for proceedings involving a child alleged to be in need of protection or 89.4services and petitions for the termination of parental rights, hearings may be continued or 89.5adjourned from time to time. In proceedings involving a child alleged to be in need of 89.6protection or services and petitions for the termination of parental rights, hearings may not 89.7be continued or adjourned for more than one week unless the court makes specific findings 89.8that the continuance or adjournment is in the best interests of the child. If a hearing is held 89.9on a petition involving physical or sexual abuse of a child who is alleged to be in need of 89.10protection or services or neglected and in foster care, the court shall file the decision with 89.11the court administrator as soon as possible but no later than 15 days after the matter is 89.12submitted to the court. When a continuance or adjournment is ordered in any proceeding, 89.13the court may make any interim orders as it deems in the best interests of the minor in 89.14accordance with the provisions of sections to new text begin this chapter new text end . 89.15    (c) Absent exceptional circumstances, hearings under this chapter new text begin , except hearings new text end 89.16 new text begin in adoption proceedings, new text end are presumed to be accessible to the public, however the court 89.17may close any hearing and the records related to any matter as provided in the Minnesota 89.18Rules of Juvenile Protection Procedure. 89.19    (d) Adoption hearings shall be conducted in accordance with the provisions of laws 89.20relating to adoptions new text begin are closed to the public and all records related to an adoption are new text end 89.21 new text begin inaccessible except as provided in the Minnesota Rules of Adoption Procedure new text end . 89.22    (e) In any permanency hearing, including the transition of a child from foster care 89.23to independent living, the court shall ensure that its consult with the child during the 89.24hearing is in an age-appropriate manner. 89.25    Sec. 10. Minnesota Statutes 2010, section 260C.163, subdivision 4, is amended to read: 89.26    Subd. 4. County attorney. Except in adoption proceedings, the county attorney 89.27shall present the evidence upon request of the court. In representing the new text begin responsible social new text end 89.28 new text begin services new text end agency, the county attorney shall also have the responsibility for advancing the 89.29public interest in the welfare of the child. 89.30    Sec. 11. Minnesota Statutes 2010, section 260C.178, subdivision 1, is amended to read: 89.31    Subdivision 1. Hearing and release requirements. (a) If a child was taken into 89.32custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall 89.33hold a hearing within 72 hours of the time the child was taken into custody, excluding 90.1Saturdays, Sundays, and holidays, to determine whether the child should continue in 90.2custody. 90.3    (b) Unless there is reason to believe that the child would endanger self or others or 90.4not return for a court hearing, or that the child's health or welfare would be immediately 90.5endangered, the child shall be released to the custody of a parent, guardian, custodian, 90.6or other suitable person, subject to reasonable conditions of release including, but not 90.7limited to, a requirement that the child undergo a chemical use assessment as provided in 90.8section 260C.157, subdivision 1. 90.9    (c) If the court determines there is reason to believe that the child would endanger 90.10self or others or not return for a court hearing, or that the child's health or welfare would 90.11be immediately endangered if returned to the care of the parent or guardian who has 90.12custody and from whom the child was removed, the court shall order the child into 90.13foster care under the legal responsibility of the responsible social services agency or 90.14responsible probation or corrections agency for the purposes of protective care as that term 90.15is used in the juvenile court rules or into the home of a noncustodial parent and order the 90.16noncustodial parent to comply with any conditions the court determines to be appropriate 90.17to the safety and care of the child, including cooperating with paternity establishment 90.18proceedings in the case of a man who has not been adjudicated the child's father. The 90.19court shall not give the responsible social services legal custody and order a trial home 90.20visit at any time prior to adjudication and disposition under section 260C.201, subdivision 90.211 , paragraph (a), clause (3), but may order the child returned to the care of the parent or 90.22guardian who has custody and from whom the child was removed and order the parent or 90.23guardian to comply with any conditions the court determines to be appropriate to meet 90.24the safety, health, and welfare of the child. 90.25    (d) In determining whether the child's health or welfare would be immediately 90.26endangered, the court shall consider whether the child would reside with a perpetrator 90.27of domestic child abuse. 90.28    (e) The court, before determining whether a child should be placed in or continue 90.29in foster care under the protective care of the responsible agency, shall also make a 90.30determination, consistent with section 260.012 as to whether reasonable efforts were made 90.31to prevent placement or whether reasonable efforts to prevent placement are not required. 90.32In the case of an Indian child, the court shall determine whether active efforts, according 90.33to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), 90.34were made to prevent placement. The court shall enter a finding that the responsible 90.35social services agency has made reasonable efforts to prevent placement when the agency 90.36establishes either: 91.1    (1) that it has actually provided services or made efforts in an attempt to prevent 91.2the child's removal but that such services or efforts have not proven sufficient to permit 91.3the child to safely remain in the home; or 91.4    (2) that there are no services or other efforts that could be made at the time of the 91.5hearing that could safely permit the child to remain home or to return home. When 91.6reasonable efforts to prevent placement are required and there are services or other efforts 91.7that could be ordered which would permit the child to safely return home, the court shall 91.8order the child returned to the care of the parent or guardian and the services or efforts put 91.9in place to ensure the child's safety. When the court makes a prima facie determination 91.10that one of the circumstances under paragraph (g) exists, the court shall determine that 91.11reasonable efforts to prevent placement and to return the child to the care of the parent or 91.12guardian are not required. 91.13    If the court finds the social services agency's preventive or reunification efforts 91.14have not been reasonable but further preventive or reunification efforts could not permit 91.15the child to safely remain at home, the court may nevertheless authorize or continue 91.16the removal of the child. 91.17    (f) The court may not order or continue the foster care placement of the child unless 91.18the court makes explicit, individualized findings that continued custody of the child by 91.19the parent or guardian would be contrary to the welfare of the child and that placement is 91.20in the best interest of the child. 91.21    (g) At the emergency removal hearing, or at any time during the course of the 91.22proceeding, and upon notice and request of the county attorney, the court shall determine 91.23whether a petition has been filed stating a prima facie case that: 91.24    (1) the parent has subjected a child to egregious harm as defined in section 91.25260C.007, subdivision 14 ; 91.26    (2) the parental rights of the parent to another child have been involuntarily 91.27terminated; 91.28    (3) the child is an abandoned infant under section 260C.301, subdivision 2, 91.29paragraph (a), clause (2); 91.30    (4) the parents' custodial rights to another child have been involuntarily transferred 91.31to a relative under new text begin Minnesota Statutes 2010, new text end section 260C.201, subdivision 11, paragraph 91.32(e), clause (1) new text begin ; new text end new text begin section 260C.515, subdivision 4 new text end , or a similar law of another jurisdiction; or 91.33    (5) new text begin the parent has committed sexual abuse as defined in section 626.556, subdivision new text end 91.34 new text begin 2, against the child or another child of the parent; new text end 91.35 new text begin (6) the parent has committed an offense that requires registration as a predatory new text end 91.36 new text begin offender under section 243.166, subdivision 1b, paragraph (a) or (b); or new text end 92.1 new text begin (7) new text end the provision of services or further services for the purpose of reunification is 92.2futile and therefore unreasonable. 92.3    (h) When a petition to terminate parental rights is required under section 260C.301, 92.4subdivision 3 or 4, but the county attorney has determined not to proceed with a 92.5termination of parental rights petition, and has instead filed a petition to transfer permanent 92.6legal and physical custody to a relative under section 260C.201, subdivision 11 new text begin 260C.507 new text end , 92.7the court shall schedule a permanency hearing within 30 days of the filing of the petition. 92.8    (i) If the county attorney has filed a petition under section 260C.307, the court shall 92.9schedule a trial under section 260C.163 within 90 days of the filing of the petition except 92.10when the county attorney determines that the criminal case shall proceed to trial first under 92.11section 260C.201, subdivision 3 new text begin 260C.503, subdivision 2, paragraph (c) new text end . 92.12    (j) If the court determines the child should be ordered into foster care and the child's 92.13parent refuses to give information to the responsible social services agency regarding the 92.14child's father or relatives of the child, the court may order the parent to disclose the names, 92.15addresses, telephone numbers, and other identifying information to the responsible social 92.16services agency for the purpose of complying with the requirements of sections 260C.151, 92.17260C.212 , and 260C.215. 92.18    (k) If a child ordered into foster care has siblings, whether full, half, or step, who 92.19are also ordered into foster care, the court shall inquire of the responsible social services 92.20agency of the efforts to place the children together as required by section 260C.212, 92.21subdivision 2 , paragraph (d), if placement together is in each child's best interests, unless 92.22a child is in placement for treatment or a child is placed with a previously noncustodial 92.23parent who is not new text begin a new text end parent to all siblings. If the children are not placed together at the time 92.24of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable 92.25efforts to place the siblings together, as required under section 260.012. If any sibling is 92.26not placed with another sibling or siblings, the agency must develop a plan to facilitate 92.27visitation or ongoing contact among the siblings as required under section 260C.212, 92.28subdivision 1 , unless it is contrary to the safety or well-being of any of the siblings to do so. 92.29 new text begin (l) When the court has ordered the child into foster care or into the home of a new text end 92.30 new text begin noncustodial parent, the court may order a chemical dependency evaluation, mental health new text end 92.31 new text begin evaluation, medical examination, and parenting assessment for the parent as necessary new text end 92.32 new text begin to support the development of a plan for reunification required under subdivision 7 and new text end 92.33 new text begin section 260C.212, subdivision 1, or the child protective services plan under section new text end 92.34 new text begin 626.556, subdivision 10, and Minnesota Rules, part 9560.0228. new text end 92.35    Sec. 12. Minnesota Statutes 2010, section 260C.178, subdivision 7, is amended to read: 93.1    Subd. 7. Out-of-home placement plan. (a) An out-of-home placement plan 93.2required under section 260C.212 shall be filed with the court within 30 days of the filing 93.3of a new text begin juvenile protection new text end petition alleging the child to be in need of protection or services 93.4under section 260C.141, subdivision 1, new text begin when the court orders emergency removal of the new text end 93.5 new text begin child under this section, new text end or filed with the petition if the petition is a review of a voluntary 93.6placement under section 260C.141, subdivision 2. 93.7(b) Upon the filing of the out-of-home placement plan which has been developed 93.8jointly with the parent and in consultation with others as required under section 260C.212, 93.9subdivision 1 , the court may approve implementation of the plan by the responsible social 93.10services agency based on the allegations contained in the petition new text begin and any evaluations, new text end 93.11 new text begin examinations, or assessments conducted under subdivision 1, paragraph (l) new text end . The court 93.12shall send written notice of the approval of the out-of-home placement plan to all parties 93.13and the county attorney or may state such approval on the record at a hearing. A parent 93.14may agree to comply with the terms of the plan filed with the court. 93.15(c) The responsible social services agency shall make reasonable attempts new text begin efforts new text end 93.16to engage a parent new text begin both parents of the child new text end in case planning. If the parent refuses to 93.17cooperate in the development of the out-of-home placement plan or disagrees with the 93.18services recommended by The responsible social service agency, the agency shall note 93.19such refusal or disagreement for the court new text begin report the results of its efforts to engage the new text end 93.20 new text begin child's parents new text end in the out-of-home placement plan filed with the court. The agency shall 93.21notify the court of the services it will provide or efforts it will attempt under the plan 93.22notwithstanding the parent's refusal to cooperate or disagreement with the services. The 93.23parent may ask the court to modify the plan to require different or additional services 93.24requested by the parent, but which the agency refused to provide. The court may approve 93.25the plan as presented by the agency or may modify the plan to require services requested 93.26by the parent. The court's approval shall be based on the content of the petition. 93.27(d) Unless the parent agrees to comply with the terms of the out-of-home placement 93.28plan, the court may not order a parent to comply with the provisions of the plan until the 93.29court finds the child is in need of protection or services and orders disposition under 93.30section 260C.201, subdivision 1. However, the court may find that the responsible social 93.31services agency has made reasonable efforts for reunification if the agency makes efforts 93.32to implement the terms of an out-of-home placement plan approved under this section. 93.33    Sec. 13. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read: 93.34    Subd. 3. Best interest of the child in foster care or residential care. (a) The 93.35policy of the state is to ensure that the best interests of children in foster or residential 94.1care new text begin , who experience transfer of permanent legal and physical custody to a relative under new text end 94.2 new text begin section 260C.515, subdivision 4, or adoption under chapter 259 new text end are met by requiring 94.3individualized determinations under section 260C.212, subdivision 2, paragraph (b), of 94.4the needs of the child and of how the selected placement new text begin home new text end will serve the needs of the 94.5child in foster care placements. 94.6(b) new text begin No later than three months after a child is ordered removed from the care of a new text end 94.7 new text begin parent in the hearing required under section 260C.202, new text end the court shall review new text begin and enter new text end 94.8 new text begin findings regarding new text end whether the responsible social services agency made new text begin : new text end 94.9 new text begin (1) diligent new text end efforts new text begin to identify and search for relatives new text end as required under section 94.10260C.212, subdivision 5 , new text begin 260C.221; new text end and made 94.11 new text begin (2) new text end an individualized determination as required under section 260C.212, subdivision 94.122 new text begin , to select a home that meets the needs of the child new text end . 94.13 new text begin (c) new text end If the court finds the agency has not made efforts as required under section 94.14260C.212, subdivision 5 new text begin 260C.221 new text end , and there is a relative who qualifies to be licensed 94.15to provide family foster care under chapter 245A, the court may order the child placed 94.16with the relative consistent with the child's best interests. 94.17     new text begin (d) If the agency's efforts under section 260C.221 are found to be sufficient, the new text end 94.18 new text begin court shall order the agency to continue to appropriately engage relatives who responded new text end 94.19 new text begin to the notice under section 260C.221 in placement and case planning decisions and to new text end 94.20 new text begin appropriately engage relatives who subsequently come to the agency's attention. new text end 94.21(c) new text begin (e) new text end If the child's birth parent or parents explicitly request that a relative or 94.22important friend not be considered, the court shall honor that request if it is consistent with 94.23the best interests of the child. If the child's birth parent or parents express a preference 94.24for placing the child in a foster or adoptive home of the same or a similar religious 94.25background to that of the birth parent or parents, the court shall order placement of the 94.26child with an individual who meets the birth parent's religious preference. 94.27(d) new text begin (f) new text end Placement of a child cannot be delayed or denied based on race, color, or 94.28national origin of the foster parent or the child. 94.29(e) new text begin (g) new text end Whenever possible, siblings should be placed together unless it is determined 94.30not to be in the best interests of a sibling new text begin siblings new text end . If siblings are new text begin were new text end not placed together 94.31according to section 260C.212, subdivision 2, paragraph (d), the responsible social 94.32services agency shall report to the court the efforts made to place the siblings together 94.33and why the efforts were not successful. If the court is not satisfied with new text begin that new text end the agency's new text begin new text end 94.34 new text begin agency has made reasonable new text end efforts to place siblings together, the court may new text begin must new text end order 94.35the agency to make further new text begin reasonable new text end efforts. If siblings are not placed together the court 94.36shall review new text begin order new text end the responsible social services agency's new text begin agency to implement the new text end plan 95.1for visitation among siblings required as part of the out-of-home placement plan under 95.2section 260C.212. 95.3(f) new text begin (h) new text end This subdivision does not affect the Indian Child Welfare Act, United States 95.4Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 95.5Act, sections 260.751 to 260.835. 95.6    Sec. 14. Minnesota Statutes 2010, section 260C.193, subdivision 6, is amended to read: 95.7    Subd. 6. Jurisdiction to review foster care to age 21, termination of jurisdiction, 95.8jurisdiction to age 18. (a) Jurisdiction over a child in foster care pursuant to section 95.9260C.451 may new text begin shall new text end continue to age 21 for the purpose of conducting the reviews required 95.10under section 260C.201, subdivision 11, paragraph (d), 260C.212, subdivision 7, or 95.11260C.317 , subdivision 3 new text begin , 260C.203, or 260C.515, subdivision 5 or 6 new text end . Jurisdiction over a 95.12child in foster care pursuant to section 260C.451 shall not be terminated without giving 95.13the child notice of any motion or proposed order to dismiss jurisdiction and an opportunity 95.14to be heard on the appropriateness of the dismissal. When a child in foster care pursuant to 95.15section 260C.451 asks to leave foster care or actually leaves foster care, the court may 95.16terminate its jurisdiction. 95.17(b) Except when a court order is necessary for a child to be in foster care or when 95.18continued review under (1) section 260C.212, subdivision 7, paragraph (d), or 260C.201, 95.19subdivision 11 , paragraph (d), and (2) section 260C.317, subdivision 3, is required for a 95.20child in foster care under section , The court may terminate jurisdiction on its 95.21own motion or the motion of any interested party upon a determination that jurisdiction is 95.22no longer necessary to protect the child's best interests new text begin except when: new text end 95.23 new text begin (1) a court order is necessary for a child to be in foster care; or new text end 95.24 new text begin (2) continued review under section 260C.203, 260C.515, subdivision 5 or 6, or new text end 95.25 new text begin 260C.317, subdivision 3, is required for a child in foster care under section 260C.451 new text end . 95.26(c) Unless terminated by the court, and except as otherwise provided in this 95.27subdivision, the jurisdiction of the court shall continue until the child becomes 18 years 95.28of age. new text begin The court may continue jurisdiction over an individual and all other parties to new text end 95.29 new text begin the proceeding to the individual's 19th birthday when continuing jurisdiction is in the new text end 95.30 new text begin individual's best interest in order to: new text end 95.31 new text begin (1) protect the safety or health of the individual; new text end 95.32 new text begin (2) accomplish additional planning for independent living or for the transition out of new text end 95.33 new text begin foster care; or new text end 95.34 new text begin (3) support the individual's completion of high school or a high school equivalency new text end 95.35 new text begin program. new text end 96.1    Sec. 15. Minnesota Statutes 2010, section 260C.201, subdivision 2, is amended to read: 96.2    Subd. 2. Written findings. (a) Any order for a disposition authorized under this 96.3section shall contain written findings of fact to support the disposition and case plan 96.4ordered and shall also set forth in writing the following information: 96.5(1) why the best interests and safety of the child are served by the disposition and 96.6case plan ordered; 96.7(2) what alternative dispositions or services under the case plan were considered by 96.8the court and why such dispositions or services were not appropriate in the instant case; 96.9(3) when legal custody of the child is transferred, the appropriateness of the 96.10particular placement made or to be made by the placing agency using the factors in section 96.11260C.212, subdivision 2, paragraph (b) ; 96.12(4) whether reasonable efforts new text begin to finalize the permanent plan for the child new text end consistent 96.13with section 260.012 were made new text begin including reasonable efforts: new text end 96.14 new text begin (i) new text end to prevent or eliminate the necessity of the child's removal new text begin placement new text end and to 96.15reunify the family after removal new text begin child with the parent or guardian from whom the child was new text end 96.16 new text begin removed at the earliest time consistent with the child's safety new text end . The court's findings must 96.17include a brief description of what preventive and reunification efforts were made and 96.18why further efforts could not have prevented or eliminated the necessity of removal or that 96.19reasonable efforts were not required under section 260.012 or 260C.178, subdivision 1; 96.20 new text begin (ii) to identify and locate any noncustodial or nonresident parent of the child and to new text end 96.21 new text begin assess such parent's ability to provide day-to-day care of the child, and, where appropriate, new text end 96.22 new text begin provide services necessary to enable the noncustodial or nonresident parent to safely new text end 96.23 new text begin provide day-to-day care of the child as required under section 260C.219, unless such new text end 96.24 new text begin services are not required under section 260.012 or 260C.178, subdivision 1; new text end 96.25 new text begin (iii) to make the diligent search for relatives and provide the notices required under new text end 96.26 new text begin section 260C.221; a finding made pursuant to a hearing under section 260C.202 that new text end 96.27 new text begin the agency has made diligent efforts to conduct a relative search and has appropriately new text end 96.28 new text begin engaged relatives who responded to the notice under section 260C.221 and other relatives, new text end 96.29 new text begin who came to the attention of the agency after notice under section 260C.221 was sent, in new text end 96.30 new text begin placement and case planning decisions fulfills the requirement of this item; new text end 96.31 new text begin (iv) to identify and make a foster care placement in the home of an unlicensed new text end 96.32 new text begin relative, according to the requirements of section 245A.035, a licensed relative, or other new text end 96.33 new text begin licensed foster care provider who will commit to being the permanent legal parent or new text end 96.34 new text begin custodian for the child in the event reunification cannot occur, but who will actively new text end 96.35 new text begin support the reunification plan for the child; and new text end 97.1 new text begin (v) to place siblings together in the same home or to ensure visitation is occurring new text end 97.2 new text begin when siblings are separated in foster care placement and visitation is in the siblings' best new text end 97.3 new text begin interests under section 260C.212, subdivision 2, paragraph (d); new text end and 97.4(5) if the child has been adjudicated as a child in need of protection or services 97.5because the child is in need of special services or care to treat or ameliorate a mental 97.6disability or emotional disturbance as defined in section 245.4871, subdivision 15, the 97.7written findings shall also set forth: 97.8(i) whether the child has mental health needs that must be addressed by the case plan; 97.9(ii) what consideration was given to the diagnostic and functional assessments 97.10performed by the child's mental health professional and to health and mental health care 97.11professionals' treatment recommendations; 97.12(iii) what consideration was given to the requests or preferences of the child's parent 97.13or guardian with regard to the child's interventions, services, or treatment; and 97.14(iv) what consideration was given to the cultural appropriateness of the child's 97.15treatment or services. 97.16(b) If the court finds that the social services agency's preventive or reunification 97.17efforts have not been reasonable but that further preventive or reunification efforts could 97.18not permit the child to safely remain at home, the court may nevertheless authorize or 97.19continue the removal of the child. 97.20(c) If the child has been identified by the responsible social services agency as the 97.21subject of concurrent permanency planning, the court shall review the reasonable efforts 97.22of the agency to recruit, identify, and make a placement in a home where the foster parent 97.23or relative that has committed to being the legally permanent home for the child in the 97.24event reunification efforts are not successful new text begin develop a permanency plan for the child that new text end 97.25 new text begin includes a primary plan which is for reunification with the child's parent or guardian and a new text end 97.26 new text begin secondary plan which is for an alternative, legally permanent home for the child in the new text end 97.27 new text begin event reunification cannot be achieved in a timely manner new text end . 97.28    Sec. 16. Minnesota Statutes 2010, section 260C.201, subdivision 10, is amended to 97.29read: 97.30    Subd. 10. Court review of foster care. (a) If the court orders a child placed 97.31in foster care, the court shall review the out-of-home placement new text begin plan and the child's new text end 97.32 new text begin placement new text end at least every 90 days as required in juvenile court rules to determine whether 97.33continued out-of-home placement is necessary and appropriate or whether the child should 97.34be returned home. This review is not required if the court has returned the child home, 97.35ordered the child permanently placed away from the parent under subdivision 11, or 98.1terminated rights under section 260C.301. Court review for a child permanently placed 98.2away from a parent, including where the child is under guardianship and legal custody of 98.3the commissioner, shall be governed by subdivision 11 or section 260C.317, subdivision 98.43 , whichever is applicable new text begin 260C.607 new text end . 98.5    (b) No later than six new text begin three new text end months after the child's placement in foster care, the court 98.6shall review agency efforts pursuant to section 260C.212, subdivision 2 new text begin 260C.221 new text end , and 98.7order that the efforts continue if the agency has failed to perform the duties under that 98.8section. new text begin The court must order the agency to continue to appropriately engage relatives new text end 98.9 new text begin who responded to the notice under section 260C.221 in placement and case planning new text end 98.10 new text begin decisions and to engage other relatives who came to the agency's attention after notice new text end 98.11 new text begin under section 260C.221 was sent. new text end 98.12    (c) The court shall review the out-of-home placement plan and may modify the plan 98.13as provided under subdivisions 6 and 7. 98.14    (d) When the court orders transfer of custody to a responsible social services 98.15agency resulting in foster care or protective supervision with a noncustodial parent under 98.16subdivision 1, the court shall notify the parents of the provisions of subdivisions 11 and new text begin new text end 98.17 new text begin subdivision new text end 11a new text begin and sections 260C.503 to 260C.521, new text end as required under juvenile court rules. 98.18    (e) When a child remains in new text begin or returns to new text end foster care pursuant to section 260C.451 and 98.19the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the 98.20court shall new text begin at least new text end annually conduct the review required under subdivision 11, paragraph 98.21(d), or sections 260C.212, subdivision 7, and 260C.317, subdivision 3 new text begin section 260C.203 new text end . 98.22    Sec. 17. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read: 98.23    Subd. 5. Relative search. (a) The responsible social services agency shall exercise 98.24due diligence to identify and notify adult relatives prior to placement or within 30 days 98.25after the child's removal from the parent. The county agency shall consider placement with 98.26a relative under subdivision 2 without delay new text begin and whenever the child must move from or be new text end 98.27 new text begin returned to foster care new text end . The relative search required by this section shall be reasonable and 98.28comprehensive in scope and may last up to six months or until a fit and willing relative 98.29is identified. new text begin After a finding that the agency has made reasonable efforts to conduct the new text end 98.30 new text begin relative search under this paragraph, the agency has the continuing responsibility to new text end 98.31 new text begin appropriately involve relatives, who have responded to the notice required under this new text end 98.32 new text begin paragraph, in planning for the child and to continue to consider relatives according to new text end 98.33 new text begin the requirements of section 260C.212, subdivision 2. At any time during the course of new text end 98.34 new text begin juvenile protection proceedings, the court may order the agency to reopen its search for new text end 98.35 new text begin relatives when it is in the child's best interest to do so. new text end The relative search required by this 99.1section shall include both maternal relatives of the child and paternal relatives of the child, 99.2if paternity is adjudicated. new text begin The search shall also include getting information from the child new text end 99.3 new text begin in an age-appropriate manner about who the child considers to be family members and new text end 99.4 new text begin important friends with whom the child has resided or had significant contact. The relative new text end 99.5 new text begin search required under this section must fulfill the agency's duties under the Indian Child new text end 99.6 new text begin Welfare Act regarding active efforts to prevent the breakup of the Indian family under new text end 99.7 new text begin United States Code, title 25, section 1912(d), and to meet placement preferences under new text end 99.8 new text begin United States Code, title 25, section 1915. new text end The relatives must be notified: 99.9(1) of the need for a foster home for the child, the option to become a placement 99.10resource for the child, and the possibility of the need for a permanent placement for the 99.11child; 99.12(2) of their responsibility to keep the responsible social services agency informed of 99.13their current address in order to receive notice in the event that a permanent placement is 99.14sought for the child. A relative who fails to provide a current address to the responsible 99.15social services agency forfeits the right to notice of the possibility of permanent placement. 99.16A decision by a relative not to be new text begin identified as new text end a new text begin potential permanent new text end placement resource new text begin new text end 99.17 new text begin or participate in planning for the child new text end at the beginning of the case shall not affect whether 99.18the relative is considered for placement of the child with that relative later; 99.19(3) that the relative may participate in the care and planning for the child, including 99.20that the opportunity for such participation may be lost by failing to respond to the notice new text begin . new text end 99.21 new text begin "Participate in the care and planning" includes, but is not limited to, participation in case new text end 99.22 new text begin planning for the parent and child, identifying the strengths and needs of the parent and new text end 99.23 new text begin child, supervising visits, providing respite and vacation visits for the child, providing new text end 99.24 new text begin transportation to appointments, suggesting other relatives who might be able to help new text end 99.25 new text begin support the case plan, and to the extent possible, helping to maintain the child's familiar new text end 99.26 new text begin and regular activities and contact with friends and relatives new text end ; and 99.27(4) of the family foster care licensing requirements, including how to complete an 99.28application and how to request a variance from licensing standards that do not present a 99.29safety or health risk to the child in the home under section 245A.04 and supports that are 99.30available for relatives and children who reside in a family foster home. new text begin ; and new text end 99.31     new text begin (5) of the relatives' right to ask to be notified of any court proceedings regarding new text end 99.32 new text begin the child, to attend the hearings, and of a relative's right or opportunity to be heard by the new text end 99.33 new text begin court as required under section 260C.152, subdivision 5. new text end 99.34(b) A responsible social services agency may disclose private or confidential data, 99.35as defined in section new text begin sections new text end 13.02 new text begin and 626.556 new text end , to relatives of the child for the purpose 99.36of locating new text begin and assessing new text end a suitable placement new text begin and may use any reasonable means of new text end 100.1 new text begin identifying and locating relatives including the Internet or other electronic means of new text end 100.2 new text begin conducting a search new text end . The agency shall disclose only data that is necessary to facilitate 100.3possible placement with relatives new text begin and to ensure that the relative is informed of the needs new text end 100.4 new text begin of the child so the relative can participate in planning for the child and be supportive of new text end 100.5 new text begin services to the child and family new text end . If the child's parent refuses to give the responsible social 100.6services agency information sufficient to identify the maternal and paternal relatives of the 100.7child, the agency shall ask the juvenile court to order the parent to provide the necessary 100.8information. If a parent makes an explicit request that relatives or a specific relative not be 100.9contacted or considered for placement, the agency shall bring the parent's request to the 100.10attention of the court to determine whether the parent's request is consistent with the best 100.11interests of the child and the agency shall not contact relatives or a specific relative unless 100.12authorized to do so by the juvenile court. 100.13(c) new text begin At a regularly scheduled hearing not later than three months after the child's new text end 100.14 new text begin placement in foster care and as required in section 260C.202, the agency shall report to new text end 100.15 new text begin the court: new text end 100.16 new text begin (1) its efforts to identify maternal and paternal relatives of the child, to engage the new text end 100.17 new text begin relatives in providing support for the child and family, and document that the relatives new text end 100.18 new text begin have been provided the notice required under paragraph (a); and new text end 100.19 new text begin (2) its decision regarding placing the child with a relative as required under section new text end 100.20 new text begin 260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in new text end 100.21 new text begin order to support family connections for the child, when placement with a relative is not new text end 100.22 new text begin possible or appropriate. new text end 100.23 new text begin (d) Notwithstanding chapter 13, the agency shall disclose data about particular new text end 100.24 new text begin relatives identified, searched for, and contacted for the purposes of the court's review of new text end 100.25 new text begin the agency's due diligence. new text end 100.26 new text begin (e) When the court is satisfied that the agency has exercised due diligence to new text end 100.27 new text begin identify relatives and provide the notice required in paragraph (a), the court may find that new text end 100.28 new text begin reasonable efforts have been made to conduct a relative search to identify and provide new text end 100.29 new text begin notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the new text end 100.30 new text begin court is not satisfied that the agency has exercised due diligence to identify relatives and new text end 100.31 new text begin provide the notice required in paragraph (a), the court may order the agency to continue its new text end 100.32 new text begin search and notice efforts and to report back to the court. new text end 100.33 new text begin (f) new text end When the placing agency determines that a permanent placement hearing is new text begin new text end 100.34 new text begin proceedings are new text end necessary because there is a likelihood that the child will not return to a 100.35parent's care, the agency may new text begin must new text end send the notice provided in paragraph (d) new text begin (g) new text end , may ask 100.36the court to modify the requirements new text begin duty new text end of the agency under this paragraph new text begin to send the new text end 101.1 new text begin notice required in paragraph (g) new text end , or may ask the court to completely relieve the agency 101.2of the requirements of this paragraph new text begin (g) new text end . The relative notification requirements of this 101.3paragraph new text begin (g) new text end do not apply when the child is placed with an appropriate relative or a 101.4foster home that has committed to being the new text begin adopting the child or taking new text end permanent legal 101.5placement for new text begin and physical custody of new text end the child and the agency approves of that foster 101.6home for permanent placement of the child. The actions ordered by the court under this 101.7section must be consistent with the best interests, safety, new text begin permanency, new text end and welfare of 101.8the child. 101.9(d) new text begin (g) new text end Unless required under the Indian Child Welfare Act or relieved of this duty 101.10by the court under paragraph (c) new text begin (e) new text end , when the agency determines that it is necessary to 101.11prepare for the permanent placement determination hearing new text begin proceedings new text end , or in anticipation 101.12of filing a termination of parental rights petition, the agency shall send notice to the 101.13relatives, any adult with whom the child is currently residing, any adult with whom the 101.14child has resided for one year or longer in the past, and any adults who have maintained a 101.15relationship or exercised visitation with the child as identified in the agency case plan. The 101.16notice must state that a permanent home is sought for the child and that the individuals 101.17receiving the notice may indicate to the agency their interest in providing a permanent 101.18home. The notice must state that within 30 days of receipt of the notice an individual 101.19receiving the notice must indicate to the agency the individual's interest in providing 101.20a permanent home for the child or that the individual may lose the opportunity to be 101.21considered for a permanent placement. 101.22(e) The Department of Human Services shall develop a best practices guide and 101.23specialized staff training to assist the responsible social services agency in performing and 101.24complying with the relative search requirements under this subdivision. 101.25    Sec. 18. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read: 101.26    Subd. 7. Administrative or court review of placements. (a) new text begin Unless the court is new text end 101.27 new text begin conducting the reviews required under section 260C.202, new text end there shall be an administrative 101.28review of the out-of-home placement plan of each child placed in foster care no later than 101.29180 days after the initial placement of the child in foster care and at least every six months 101.30thereafter if the child is not returned to the home of the parent or parents within that time. 101.31The out-of-home placement plan must be monitored and updated at each administrative 101.32review. The administrative review shall be conducted by the responsible social services 101.33agency using a panel of appropriate persons at least one of whom is not responsible for the 101.34case management of, or the delivery of services to, either the child or the parents who are 102.1the subject of the review. The administrative review shall be open to participation by the 102.2parent or guardian of the child and the child, as appropriate. 102.3    (b) As an alternative to the administrative review required in paragraph (a), the court 102.4may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 102.5Procedure, conduct a hearing to monitor and update the out-of-home placement plan 102.6pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph 102.7(d). The party requesting review of the out-of-home placement plan shall give parties to 102.8the proceeding notice of the request to review and update the out-of-home placement 102.9plan. A court review conducted pursuant to section new text begin 260C.141, subdivision 2; new text end 260C.193; 102.10260C.201 , subdivision 1 or 11; , subdivision 2; new text begin 260C.202; 260C.204; new text end 102.11 new text begin 260C.317 new text end ; or 260D.06 shall satisfy the requirement for the review so long as the other 102.12requirements of this section are met. 102.13    (c) As appropriate to the stage of the proceedings and relevant court orders, the 102.14responsible social services agency or the court shall review: 102.15    (1) the safety, permanency needs, and well-being of the child; 102.16    (2) the continuing necessity for and appropriateness of the placement; 102.17    (3) the extent of compliance with the out-of-home placement plan; 102.18    (4) the extent of progress which new text begin that new text end has been made toward alleviating or mitigating 102.19the causes necessitating placement in foster care; 102.20    (5) the projected date by which the child may be returned to and safely maintained in 102.21the home or placed permanently away from the care of the parent or parents or guardian; 102.22and 102.23    (6) the appropriateness of the services provided to the child. 102.24    (d) When a child is age 16 or older, in addition to any administrative review 102.25conducted by the agency, at the in-court review required under section , 102.26subdivision 11, or 260C.317, subdivision 3, clause (3) new text begin , or 260C.515, subdivision 5 or new text end 102.27 new text begin 6 new text end , the court shall review the independent living plan required under new text begin section 260C.201, new text end 102.28subdivision 1, paragraph (c), clause (11), and the provision of services to the child related 102.29to the well-being of the child as the child prepares to leave foster care. The review shall 102.30include the actual plans related to each item in the plan necessary to the child's future 102.31safety and well-being when the child is no longer in foster care. 102.32    (1) new text begin (e) new text end At the court review new text begin required under paragraph (d) for a child age 16 or older new text end 102.33 new text begin the following procedures apply: new text end 102.34 new text begin (1) six months before the child is expected to be discharged from foster care new text end , the 102.35responsible social services agency shall establish that it has given new text begin give new text end the new text begin written new text end 102.36notice required under section or Minnesota Rules, part 9560.0660 new text begin 260C.451, new text end 103.1 new text begin subdivision 1 new text end , regarding the right to continued access to services for certain children in 103.2foster care past age 18 and of the right to appeal a denial of social services under section 103.3256.045 . If The agency is unable to establish that new text begin shall file a copy of new text end the notice, including 103.4the right to appeal a denial of social services, has been given, new text begin with new text end the court new text begin . If the agency new text end 103.5 new text begin does not file the notice by the time the child is age 17-1/2, the court new text end shall require the 103.6agency to give it. new text begin ; new text end 103.7    (2) consistent with the requirements of the independent living plan, the court shall 103.8review progress toward or accomplishment of the following goals: 103.9    (i) the child has obtained a high school diploma or its equivalent; 103.10    (ii) the child has completed a driver's education course or has demonstrated the 103.11ability to use public transportation in the child's community; 103.12    (iii) the child is employed or enrolled in postsecondary education; 103.13    (iv) the child has applied for and obtained postsecondary education financial aid for 103.14which the child is eligible; 103.15    (v) the child has health care coverage and health care providers to meet the child's 103.16physical and mental health needs; 103.17    (vi) the child has applied for and obtained disability income assistance for which 103.18the child is eligible; 103.19    (vii) the child has obtained affordable housing with necessary supports, which does 103.20not include a homeless shelter; 103.21    (viii) the child has saved sufficient funds to pay for the first month's rent and a 103.22damage deposit; 103.23    (ix) the child has an alternative affordable housing plan, which does not include a 103.24homeless shelter, if the original housing plan is unworkable; 103.25    (x) the child, if male, has registered for the Selective Service; and 103.26    (xi) the child has a permanent connection to a caring adult. new text begin ; and new text end 103.27    (3) the court shall ensure that the responsible agency in conjunction with the 103.28placement provider assists the child in obtaining the following documents prior to the 103.29child's leaving foster care: a Social Security card; the child's birth certificate; a state 103.30identification card or driver's license, green card, or school visa; the child's school, 103.31medical, and dental records; a contact list of the child's medical, dental, and mental health 103.32providers; and contact information for the child's siblings, if the siblings are in foster care. 103.33    (e) When a child is age 17 or older, during the 90-day period immediately prior to 103.34the date the child is expected to be discharged from foster care, the responsible social 103.35services agency is required to provide the child with assistance and support in developing 103.36a transition plan that is personalized at the direction of the child. new text begin (f) For a child who new text end 104.1 new text begin will be discharged from foster care at age 18 or older, the responsible social services new text end 104.2 new text begin agency is required to develop a personalized transition plan as directed by the youth. The new text end 104.3 new text begin transition plan must be developed during the 90-day period immediately prior to the new text end 104.4 new text begin expected date of discharge. new text end The transition plan must be as detailed as the child may elect 104.5and include specific options on housing, health insurance, education, local opportunities 104.6for mentors and continuing support services, and work force supports and employment 104.7services. new text begin The plan must include information on the importance of designating another new text end 104.8 new text begin individual to make health care treatment decisions on behalf of the child if the child new text end 104.9 new text begin becomes unable to participate in these decisions and the child does not have, or does not new text end 104.10 new text begin want, a relative who would otherwise be authorized to make these decisions. The plan new text end 104.11 new text begin must provide the child with the option to execute a health care directive as provided new text end 104.12 new text begin under chapter 145C. new text end The county shall also provide the individual with appropriate contact 104.13information if the individual needs more information or needs help dealing with a crisis 104.14situation through age 21. 104.15    Sec. 19. Minnesota Statutes 2010, section 260C.215, subdivision 4, is amended to read: 104.16    Subd. 4. Consultation with representatives new text begin Duties of commissioner new text end . 104.17The commissioner of human services, after seeking and considering advice from 104.18representatives reflecting diverse populations from the councils established under sections 104.19, , , and , and other state, local, and community organizations 104.20shall: 104.21(1) review and, where necessary, revise the Department of Human Services Social 104.22Service Manual and Practice Guide new text begin provide practice guidance new text end to new text begin responsible social new text end 104.23 new text begin services agencies and child-placing agencies that new text end reflect federal and state new text begin laws and new text end policy 104.24direction on placement of children; 104.25(2) develop criteria for determining whether a prospective adoptive or foster family 104.26has the ability to understand and validate the child's cultural background; 104.27(3) develop new text begin provide new text end a standardized training curriculum for adoption and foster care 104.28workers, family-based providers, and administrators who work with children. Training 104.29must address the following objectives: 104.30(a) new text begin (i) new text end developing and maintaining sensitivity to all cultures; 104.31(b) new text begin (ii) new text end assessing values and their cultural implications; and 104.32(c) new text begin (iii) new text end making individualized new text begin placement new text end decisions that advance the best interests of 104.33a particular child under section 260C.212, subdivision 2; new text begin and new text end 104.34 new text begin (iv) issues related to cross-cultural placement; new text end 105.1(4) develop new text begin provide new text end a training curriculum for family and extended family members new text begin new text end 105.2 new text begin all prospective adoptive and foster families that prepares them to care for the needs new text end of 105.3adoptive and foster children. The curriculum must address issues relating to cross-cultural 105.4placements as well as issues that arise after a foster or adoptive placement is made new text begin taking new text end 105.5 new text begin into consideration the needs of children outlined in section 260C.212, subdivision 2, new text end 105.6 new text begin paragraph (b) new text end ; and 105.7(5) develop and provide to agencies an assessment tool to be used in combination 105.8with group interviews and other preplacement activities new text begin a home study format new text end to evaluate new text begin new text end 105.9 new text begin assess the capacities and needs of new text end prospective adoptive and foster families. The tool new text begin new text end 105.10 new text begin format new text end must assess new text begin address new text end problem-solving skills; identify parenting skills; and evaluate 105.11the degree to which the prospective family has the ability to understand and validate the 105.12child's cultural background new text begin , and other issues needed to provide sufficient information for new text end 105.13 new text begin agencies to make an individualized placement decision consistent with section 260C.212, new text end 105.14 new text begin subdivision 2. If a prospective adoptive parent has also been a foster parent, any update new text end 105.15 new text begin necessary to a home study for the purpose of adoption may be completed by the licensing new text end 105.16 new text begin authority responsible for the foster parent's license. If a prospective adoptive parent with an new text end 105.17 new text begin approved adoptive home study also applies for a foster care license, the license application new text end 105.18 new text begin may be made with the same agency which provided the adoptive home study; and new text end 105.19 new text begin (6) shall consult with representatives reflecting diverse populations from the councils new text end 105.20 new text begin established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and new text end 105.21 new text begin community organizations new text end . 105.22    Sec. 20. Minnesota Statutes 2010, section 260C.215, subdivision 6, is amended to read: 105.23    Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing 105.24agency must: 105.25(1) develop and follow procedures for implementing the requirements of section 105.26260C.193, subdivision 3 new text begin 260C.212, subdivision 2 new text end , and the Indian Child Welfare Act, 105.27United States Code, title 25, sections 1901 to 1923; 105.28(2) have a written plan for recruiting adoptive and foster families that reflect the 105.29ethnic and racial diversity of children who are in need of foster and adoptive homes. 105.30The plan must include new text begin : new text end 105.31(i) strategies for using existing resources in diverse communities, new text begin ; new text end 105.32(ii) use of diverse outreach staff wherever possible, new text begin ; new text end 105.33(iii) use of diverse foster homes for placements after birth and before adoption, new text begin ; new text end and 105.34(iv) other techniques as appropriate; 105.35(3) have a written plan for training adoptive and foster families; 106.1(4) have a written plan for employing staff in adoption and foster care who have 106.2the capacity to assess the foster and adoptive parents' ability to understand and validate a 106.3child's cultural new text begin and meet the child's individual new text end needs, and to advance the best interests of 106.4the child new text begin , as required in section 260C.212, subdivision 2 new text end . The plan must include staffing 106.5goals and objectives; 106.6(5) ensure that adoption and foster care workers attend training offered or approved 106.7by the Department of Human Services regarding cultural diversity and the needs of special 106.8needs children; and 106.9(6) develop and implement procedures for implementing the requirements of the 106.10Indian Child Welfare Act and the Minnesota Indian Family Preservation Act. 106.11(b) In determining the suitability of a proposed placement of an Indian child, the 106.12standards to be applied must be the prevailing social and cultural standards of the Indian 106.13child's community, and the agency shall defer to tribal judgment as to suitability of a 106.14particular home when the tribe has intervened pursuant to the Indian Child Welfare Act. 106.15    Sec. 21. new text begin [260C.229] VOLUNTARY FOSTER CARE FOR CHILDREN OVER new text end 106.16 new text begin AGE 18; REQUIRED COURT REVIEW. new text end 106.17 new text begin (a) When a child asks to continue or to reenter foster care after age 18 under section new text end 106.18 new text begin 260C.451, the child and the responsible social services agency may enter into a voluntary new text end 106.19 new text begin agreement for the child to be in foster care under the terms of section 260C.451. The new text end 106.20 new text begin voluntary agreement must be in writing and on a form prescribed by the commissioner. new text end 106.21 new text begin (b) When the child is in foster care pursuant to a voluntary foster care agreement new text end 106.22 new text begin between the agency and child and the child is not already under court jurisdiction pursuant new text end 106.23 new text begin to section 260C.193, subdivision 6, the agency responsible for the child's placement new text end 106.24 new text begin in foster care shall: new text end 106.25 new text begin (1) file a motion to reopen the juvenile protection matter where the court previously new text end 106.26 new text begin had jurisdiction over the child within 30 days of the child and the agency executing the new text end 106.27 new text begin voluntary placement agreement under paragraph (a) and ask the court to review the child's new text end 106.28 new text begin placement in foster care and find that the placement is in the best interests of the child; and new text end 106.29 new text begin (2) file the out-of-home placement plan required under subdivision 1 with the new text end 106.30 new text begin motion to reopen jurisdiction. new text end 106.31 new text begin (c) The court shall conduct a hearing on the matter within 30 days of the agency's new text end 106.32 new text begin motion to reopen the matter and, if the court finds that placement is in the best interest of new text end 106.33 new text begin the child, shall conduct the review for the purpose and with the content required under new text end 106.34 new text begin section 260C.203, at least every 12 months as long as the child continues in foster care. new text end 107.1    Sec. 22. Minnesota Statutes 2010, section 260C.301, subdivision 8, is amended to read: 107.2    Subd. 8. Findings regarding reasonable efforts. In any proceeding under this 107.3section, the court shall make specific findings: 107.4(1) that reasonable efforts to prevent the placement and new text begin finalize the permanency new text end 107.5 new text begin plan new text end to reunify the child and the parent were made including individualized and explicit 107.6findings regarding the nature and extent of efforts made by the social services agency to 107.7rehabilitate the parent and reunite the family; or 107.8(2) that reasonable efforts at new text begin for new text end reunification are not required as provided under 107.9section 260.012. 107.10    Sec. 23. Minnesota Statutes 2010, section 260C.328, is amended to read: 107.11260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP. 107.12 new text begin (a) new text end Upon its own motion or upon petition of an interested party, the juvenile court 107.13having jurisdiction of the child may, after notice to the parties and a hearing, remove 107.14the guardian appointed by the juvenile court and appoint a new guardian in accordance 107.15with the provisions of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a 107.16showing that the child is emancipated, the court may discharge the guardianship. Any 107.17child 14 years of age or older who is not adopted but who is placed in a satisfactory foster 107.18home, may, with the consent of the foster parents, join with the guardian appointed by the 107.19juvenile court in a petition to the court having jurisdiction of the child to discharge the 107.20existing guardian and appoint the foster parents as guardians of the child. 107.21 new text begin (b) new text end The authority of a guardian appointed by the juvenile court terminates when the 107.22individual under guardianship is no longer a minor or when guardianship is otherwise 107.23discharged new text begin becomes age 18. However, an individual who has been under the guardianship new text end 107.24 new text begin of the commissioner and who has not been adopted may continue in foster care or reenter new text end 107.25 new text begin foster care pursuant to section 260C.451 and the responsible social services agency has new text end 107.26 new text begin continuing legal responsibility for the placement of the individual new text end . 107.27    Sec. 24. Minnesota Statutes 2010, section 260C.451, is amended to read: 107.28260C.451 FOSTER CARE BENEFITS TO AGE 21 new text begin PAST AGE 18 new text end . 107.29    Subdivision 1. Notification of benefits. Within the Six months prior to the child's 107.3018th birthday, the local new text begin responsible social services new text end agency shall advise new text begin provide written new text end 107.31 new text begin notice on a form prescribed by the commissioner of human services to new text end any child in foster 107.32care under this chapter new text begin who cannot reasonably be expected to return home or have another new text end 107.33 new text begin legally permanent family by the age of 18 new text end , the child's parents or legal guardian, if any, and 108.1the child's new text begin guardian ad litem, and the child's new text end foster parents of the availability of benefits of 108.2the foster care program up to age 21 new text begin , when the child is eligible under subdivisions 3 and 3a new text end . 108.3    Subd. 2. Independent living plan. Upon the request of any child receiving new text begin in new text end foster 108.4care benefits immediately prior to the child's 18th birthday and who is in foster care at 108.5the time of the request, the local new text begin responsible social services new text end agency shall, in conjunction 108.6with the child and other appropriate parties, update the independent living plan required 108.7under section 260C.212, subdivision 1, paragraph (c), clause (11), related to the child's 108.8employment, vocational, educational, social, or maturational needs. The agency shall 108.9provide continued services and foster care for the child including those services that are 108.10necessary to implement the independent living plan. 108.11    Subd. 3. Eligibility new text begin to continue in foster care new text end . A child already in foster care new text begin new text end 108.12 new text begin immediately prior to the child's 18th birthday new text end may continue in foster care past age 18 new text begin new text end 108.13 new text begin unless: new text end 108.14 new text begin (1) the child can safely return home; new text end 108.15 new text begin (2) the child is in placement pursuant to the agency's duties under section 256B.092 new text end 108.16 new text begin and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to new text end 108.17 new text begin developmental disability or related condition, and the child will be served as an adult new text end 108.18 new text begin under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or new text end 108.19 new text begin (3) the child can be adopted or have permanent legal and physical custody new text end 108.20 new text begin transferred to a relative prior to the child's 18th birthday new text end . 108.21     new text begin Subd. 3a. new text end new text begin Eligibility criteria. new text end The child must meet at least one of the following 108.22conditions to be considered eligible to continue in new text begin or return to new text end foster care new text begin and remain there new text end 108.23to age 21. The child must be: 108.24    (1) completing secondary education or a program leading to an equivalent credential; 108.25    (2) enrolled in an institution which new text begin that new text end provides postsecondary or vocational 108.26education; 108.27    (3) participating in a program or activity designed to promote or remove barriers to 108.28employment; 108.29    (4) employed for at least 80 hours per month; or 108.30    (5) incapable of doing any of the activities described in clauses (1) to (4) due to a 108.31medical condition. 108.32    Subd. 4. Foster care benefits. For children between the ages of 18 and 21, "foster 108.33care benefits" means payment for those foster care settings defined in section 260C.007, 108.34subdivision 18. Additionally, foster care benefits means payment for a supervised 108.35setting new text begin , approved by the responsible social services agency, new text end in which a child may live 108.36independently. 109.1    Subd. 5. Permanent decision new text begin Foster care setting new text end . The particular foster care 109.2setting, including supervised settings, shall be selected new text begin by the agency and the child new text end 109.3based on the best interest of the child consistent with section 260C.212, subdivision 2. 109.4Supervision in approved settings must be determined by an individual determination of 109.5the child's needs by the responsible social services agency and consistent with section 109.6260C.212, subdivision 4a . 109.7    Subd. 6. Individual plan to age 21 new text begin Reentering foster care and accessing services new text end 109.8 new text begin after age 18 new text end . new text begin (a) new text end Upon request of an individual between the ages of 18 and 21 who, 109.9within six months of the individual's 18th birthday, had been under the guardianship of the 109.10commissioner and who has left foster care new text begin without being adopted new text end , the responsible social 109.11services agency which had been the commissioner's agent for purposes of the guardianship 109.12shall develop with the individual a plan related to the individual's vocational, educational, 109.13social, or maturational needs new text begin to increase the individual's ability to live safely and new text end 109.14 new text begin independently using the plan requirements of section 260C.212, subdivision 1, paragraph new text end 109.15 new text begin (b), clause (11), and to assist the individual to meet one or more of the eligibility criteria in new text end 109.16 new text begin subdivision 4 if the individual wants to reenter foster care new text end . The agency shall provide foster 109.17care with maintenance and counseling benefits as required to implement the plan. The 109.18agency shall enter into a voluntary placement agreement new text begin under section 260C.229 new text end with the 109.19individual if the plan includes foster care. 109.20 new text begin (b) Individuals who had not been under the guardianship of the commissioner of new text end 109.21 new text begin human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter new text end 109.22 new text begin foster care after age 18 and, to the extent funds are available, the responsible social new text end 109.23 new text begin services agency that had responsibility for planning for the individual before discharge new text end 109.24 new text begin from foster care may provide foster care or other services to the individual for the purpose new text end 109.25 new text begin of increasing the individual's ability to live safely and independently and to meet the new text end 109.26 new text begin eligibility criteria in subdivision 3a, if the individual: new text end 109.27 new text begin (1) was in foster care for the six consecutive months prior to the person's 18th new text end 109.28 new text begin birthday and was not discharged home, adopted, or received into a relative's home under a new text end 109.29 new text begin transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or new text end 109.30 new text begin (2) was discharged from foster care while on runaway status after age 15. new text end 109.31 new text begin (c) In conjunction with a qualifying and eligible individual under paragraph (b) and new text end 109.32 new text begin other appropriate persons, the responsible social services agency shall develop a specific new text end 109.33 new text begin plan related to that individual's vocational, educational, social, or maturational needs new text end 109.34 new text begin and, to the extent funds are available, provide foster care as required to implement the new text end 109.35 new text begin plan. The agency shall enter into a voluntary placement agreement with the individual new text end 109.36 new text begin if the plan includes foster care. new text end 110.1 new text begin (d) Youth who left foster care while under guardianship of the commissioner of new text end 110.2 new text begin human services retain eligibility for foster care for placement at any time between the new text end 110.3 new text begin ages of 18 and 21. new text end 110.4    Subd. 7. Jurisdiction. Notwithstanding that the court retains jurisdiction pursuant 110.5to this section, Individuals in foster care pursuant to this section are adults for all purposes 110.6except the continued provision of foster care. Any order establishing guardianship under 110.7section 260C.325, any legal custody order under section 260C.201, subdivision 1, and 110.8any order for legal custody associated with an order for long-term foster care new text begin permanent new text end 110.9 new text begin custody new text end under section 260C.201, subdivision 11 new text begin 260C.515, subdivision 5 new text end , terminates on 110.10the child's 18th birthday. new text begin The responsible social services agency has legal responsibility new text end 110.11 new text begin for the individual's placement and care when the matter continues under court jurisdiction new text end 110.12 new text begin pursuant to section 260C.193 or when the individual and the responsible agency execute a new text end 110.13 new text begin voluntary placement agreement pursuant to section 260C.229. new text end 110.14     new text begin Subd. 8. new text end new text begin Notice of termination of foster care. new text end new text begin When a child in foster care between new text end 110.15 new text begin the ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the new text end 110.16 new text begin responsible social services agency shall give the child written notice that foster care will new text end 110.17 new text begin terminate 30 days from the date the notice is sent. The child or the child's guardian ad new text end 110.18 new text begin litem may file a motion asking the court to review the agency's determination within 15 new text end 110.19 new text begin days of receiving the notice. The child shall not be discharged from foster care until the new text end 110.20 new text begin motion is heard. The agency shall work with the child to transition out of foster care as new text end 110.21 new text begin required under section 260C.203, paragraph (e). The written notice of termination of new text end 110.22 new text begin benefits shall be on a form prescribed by the commissioner and shall also give notice of new text end 110.23 new text begin the right to have the agency's determination reviewed by the court in the proceeding where new text end 110.24 new text begin the court conducts the reviews required under section 260C.203, 260C.317, or 260C.515, new text end 110.25 new text begin subdivision 5 or 6. A copy of the termination notice shall be sent to the child and the new text end 110.26 new text begin child's attorney, if any, the foster care provider, the child's guardian ad litem, and the new text end 110.27 new text begin court. The agency is not responsible for paying foster care benefits for any period of time new text end 110.28 new text begin after the child actually leaves foster care. new text end 110.29    Sec. 25. new text begin [260C.503] PERMANENCY PROCEEDINGS. new text end 110.30     new text begin Subdivision 1. new text end new text begin Required permanency proceedings. new text end new text begin Except for children in foster new text end 110.31 new text begin care pursuant to chapter 260D, where the child is in foster care or in the care of a new text end 110.32 new text begin noncustodial or nonresident parent, the court shall commence proceedings to determine new text end 110.33 new text begin the permanent status of a child by holding the admit-deny hearing required under section new text end 110.34 new text begin 260C.507 not later than 12 months after the child is placed in foster care or in the care of a new text end 111.1 new text begin noncustodial or nonresident parent. Permanency proceedings for children in foster care new text end 111.2 new text begin pursuant to chapter 260D shall be according to section 260D.07. new text end 111.3     new text begin Subd. 2. new text end new text begin Termination of parental rights. new text end new text begin (a) The responsible social services new text end 111.4 new text begin agency must ask the county attorney to immediately file a termination of parental rights new text end 111.5 new text begin petition when: new text end 111.6 new text begin (1) the child has been subjected to egregious harm as defined in section 260C.007, new text end 111.7 new text begin subdivision 14; new text end 111.8 new text begin (2) the child is determined to be the sibling of a child who was subjected to new text end 111.9 new text begin egregious harm; new text end 111.10 new text begin (3) the child is an abandoned infant as defined in section 260C.301, subdivision 3, new text end 111.11 new text begin paragraph (b), clause (2); new text end 111.12 new text begin (4) the child's parent has lost parental rights to another child through an order new text end 111.13 new text begin involuntarily terminating the parent's rights; new text end 111.14 new text begin (5) the parent has committed sexual abuse as defined in section 626.556, subdivision new text end 111.15 new text begin 2, against the child or another child of the parent; new text end 111.16     new text begin (6) the parent has committed an offense that requires registration as a predatory new text end 111.17 new text begin offender under section 243.166, subdivision 1b, paragraph (a) or (b); or new text end 111.18 new text begin (7) another child of the parent is the subject of an order involuntarily transferring new text end 111.19 new text begin permanent legal and physical custody of the child to a relative under this chapter or a new text end 111.20 new text begin similar law of another jurisdiction; new text end 111.21 new text begin The county attorney shall file a termination of parental rights petition unless the conditions new text end 111.22 new text begin of paragraph (d) are met. new text end 111.23 new text begin (b) When the termination of parental rights petition is filed under this subdivision, new text end 111.24 new text begin the responsible social services agency shall identify, recruit, and approve an adoptive new text end 111.25 new text begin family for the child. If a termination of parental rights petition has been filed by another new text end 111.26 new text begin party, the responsible social services agency shall be joined as a party to the petition. new text end 111.27 new text begin (c) If criminal charges have been filed against a parent arising out of the conduct new text end 111.28 new text begin alleged to constitute egregious harm, the county attorney shall determine which matter new text end 111.29 new text begin should proceed to trial first, consistent with the best interests of the child and subject new text end 111.30 new text begin to the defendant's right to a speedy trial. new text end 111.31 new text begin (d) The requirement of paragraph (a) does not apply if the responsible social services new text end 111.32 new text begin agency and the county attorney determine and file with the court: new text end 111.33 new text begin (1) a petition for transfer of permanent legal and physical custody to a relative under new text end 111.34 new text begin sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption new text end 111.35 new text begin is not in the child's best interests and that transfer of permanent legal and physical custody new text end 111.36 new text begin is in the child's best interests; or new text end 112.1 new text begin (2) a petition under section 260C.141 alleging the child, and where appropriate, new text end 112.2 new text begin the child's siblings, to be in need of protection or services accompanied by a case plan new text end 112.3 new text begin prepared by the responsible social services agency documenting a compelling reason why new text end 112.4 new text begin filing a termination of parental rights petition would not be in the best interests of the child. new text end 112.5     new text begin Subd. 3. new text end new text begin Calculating time to required permanency proceedings. new text end new text begin (a) For new text end 112.6 new text begin purposes of this section, the date of the child's placement in foster care is the earlier of new text end 112.7 new text begin the first court-ordered placement or 60 days after the date on which the child has been new text end 112.8 new text begin voluntarily placed in foster care by the child's parent or guardian. For purposes of this new text end 112.9 new text begin section, time spent by a child in the home of the noncustodial parent pursuant to court new text end 112.10 new text begin order under section 260C.178 or under the protective supervision of the responsible new text end 112.11 new text begin social services agency in the home of the noncustodial parent pursuant to an order under new text end 112.12 new text begin section 260C.201, subdivision 1, counts towards the requirement of a permanency hearing new text end 112.13 new text begin under this section. Time spent on a trial home visit counts towards the requirement of a new text end 112.14 new text begin permanency hearing under this section and the permanency progress review required new text end 112.15 new text begin under section 260C.204. new text end 112.16 new text begin (b) For the purposes of this section, 12 months is calculated as follows: new text end 112.17 new text begin (1) during the pendency of a petition alleging that a child is in need of protection new text end 112.18 new text begin or services, all time periods when a child is placed in foster care or in the home of a new text end 112.19 new text begin noncustodial parent are cumulated; new text end 112.20 new text begin (2) if a child has been placed in foster care within the previous five years under one new text end 112.21 new text begin or more previous petitions, the lengths of all prior time periods when the child was placed new text end 112.22 new text begin in foster care within the previous five years are cumulated. If a child under this clause new text end 112.23 new text begin has been in foster care for 12 months or more, the court, if it is in the best interests of the new text end 112.24 new text begin child and for compelling reasons, may extend the total time the child may continue out new text end 112.25 new text begin of the home under the current petition up to an additional six months before making a new text end 112.26 new text begin permanency determination. new text end 112.27 new text begin (c) If the child is on a trial home visit 12 months after the child was placed in foster new text end 112.28 new text begin care or in the care of a noncustodial parent, the responsible social services agency may file new text end 112.29 new text begin a report with the court regarding the child's and parent's progress on the trial home visit and new text end 112.30 new text begin the agency's reasonable efforts to finalize the child's safe and permanent return to the care new text end 112.31 new text begin of the parent in lieu of filing the petition required under section 260C.505. The court shall new text end 112.32 new text begin make findings regarding the reasonable efforts of the agency to finalize the child's return new text end 112.33 new text begin home as the permanency disposition order in the best interests of the child. The court may new text end 112.34 new text begin continue the trial home visit to a total time not to exceed six months as provided in section new text end 112.35 new text begin 260C.201, subdivision 1, paragraph (a), clause (3). If the court finds the agency has not new text end 112.36 new text begin made reasonable efforts to finalize the child's return home as the permanency disposition new text end 113.1 new text begin order in the child's best interests, the court may order other or additional efforts to support new text end 113.2 new text begin the child remaining in the care of the parent. If a trial home visit ordered or continued at new text end 113.3 new text begin permanency proceedings under sections 260C.503 to 260C.521 terminates, the court shall new text end 113.4 new text begin commence or recommence permanency proceedings under this chapter no later than 30 new text end 113.5 new text begin days after the child is returned to foster care or to the care of a noncustodial parent. new text end 113.6    Sec. 26. new text begin [260C.505] PETITION. new text end 113.7 new text begin (a) A permanency or termination of parental rights petition must be filed at or new text end 113.8 new text begin prior to the time the child has been in foster care or in the care of a noncustodial or new text end 113.9 new text begin nonresident parent for 11 months or in the expedited manner required in section 260C.503, new text end 113.10 new text begin subdivision 2, paragraph (a). The court administrator shall serve the petition as required new text end 113.11 new text begin in the Minnesota Rules of Juvenile Protection Procedure and section 260C.152 for the new text end 113.12 new text begin admit-deny hearing on the petition required in section 260C.507. new text end 113.13 new text begin (b) A petition under this section is not required if the responsible social services new text end 113.14 new text begin agency intends to recommend that the child return to the care of the parent from whom new text end 113.15 new text begin the child was removed at or prior to the time the court is required to hold the admit-deny new text end 113.16 new text begin hearing required under section 260C.507. new text end 113.17    Sec. 27. new text begin [260C.507] ADMIT-DENY HEARING. new text end 113.18 new text begin (a) An admit-deny hearing on the permanency or termination of parental rights new text end 113.19 new text begin petition shall be held not later than 12 months from the child's placement in foster care or new text end 113.20 new text begin an order for the child to be in the care of a noncustodial or nonresident parent. new text end 113.21 new text begin (b) An admit-deny hearing on the termination of parental rights or transfer of new text end 113.22 new text begin permanent legal and physical custody petition required to be immediately filed under new text end 113.23 new text begin section 260C.503, subdivision 2, paragraph (a), shall be within ten days of the filing new text end 113.24 new text begin of the petition. new text end 113.25 new text begin (c) At the admit-deny hearing, the court shall determine whether there is a prima new text end 113.26 new text begin facie basis for finding that the agency made reasonable efforts, or in the case of an Indian new text end 113.27 new text begin child active efforts, for reunification as required or that reasonable efforts for reunification new text end 113.28 new text begin are not required under section 260.012 and proceed according to the Minnesota Rules of new text end 113.29 new text begin Juvenile Protection Procedure. new text end 113.30    Sec. 28. new text begin [260C.509] TRIAL. new text end 113.31 new text begin The permanency proceedings shall be conducted in a timely fashion including new text end 113.32 new text begin that any trial required under section 260C.163 shall be commenced within 60 days of new text end 114.1 new text begin the admit-deny hearing required under section 260C.507. At the conclusion of the new text end 114.2 new text begin permanency proceedings, the court shall: new text end 114.3 new text begin (1) order the child returned to the care of the parent or guardian from whom the new text end 114.4 new text begin child was removed; or new text end 114.5 new text begin (2) order a permanency disposition under section 260C.515 or termination of new text end 114.6 new text begin parental rights under sections 260C.301 to 260C.328 if a permanency disposition order or new text end 114.7 new text begin termination of parental rights is in the child's best interests. new text end 114.8    Sec. 29. new text begin [260C.511] BEST INTERESTS OF THE CHILD. new text end 114.9 new text begin (a) The "best interests of the child" means all relevant factors to be considered new text end 114.10 new text begin and evaluated. new text end 114.11 new text begin (b) In making a permanency disposition order or termination of parental rights, new text end 114.12 new text begin the court must be governed by the best interests of the child, including a review of the new text end 114.13 new text begin relationship between the child and relatives and the child and other important persons with new text end 114.14 new text begin whom the child has resided or had significant contact. new text end 114.15    Sec. 30. new text begin [260C.513] PERMANENCY DISPOSITIONS WHEN CHILD CANNOT new text end 114.16 new text begin RETURN HOME. new text end 114.17 new text begin (a) Termination of parental rights and adoption, or guardianship to the commissioner new text end 114.18 new text begin of human services through a consent to adopt are preferred permanency options for a new text end 114.19 new text begin child who cannot return home. If the court finds that termination of parental rights and new text end 114.20 new text begin guardianship to the commissioner is not in the child's best interests, the court may transfer new text end 114.21 new text begin permanent legal and physical custody of the child to a relative when that order is in the new text end 114.22 new text begin child's best interests. new text end 114.23 new text begin (b) When the court has determined that permanent placement of the child away from new text end 114.24 new text begin the parent is necessary, the court shall consider permanent alternative homes that are new text end 114.25 new text begin available both inside and outside the state. new text end 114.26    Sec. 31. new text begin [260C.515] PERMANENCY DISPOSITION ORDERS. new text end 114.27     new text begin Subdivision 1. new text end new text begin Court order required. new text end new text begin If the child is not returned to the home at or new text end 114.28 new text begin before the conclusion of permanency proceedings under sections 260C.503 to 260C.521, new text end 114.29 new text begin the court must order one of the permanency dispositions in this section. new text end 114.30     new text begin Subd. 2. new text end new text begin Termination of parental rights. new text end new text begin The court may order: new text end 114.31 new text begin (1) termination of parental rights when the requirements of sections 260C.301 to new text end 114.32 new text begin 260C.328 are met; or new text end 115.1 new text begin (2) the responsible social services agency to file a petition for termination of new text end 115.2 new text begin parental rights in which case all the requirements of sections 260C.301 to 260C.328 new text end 115.3 new text begin remain applicable. new text end 115.4     new text begin Subd. 3. new text end new text begin Guardianship; commissioner. new text end new text begin The court may order guardianship to the new text end 115.5 new text begin commissioner of human services under the following procedures and conditions: new text end 115.6 new text begin (1) there is an identified prospective adoptive parent agreed to by the responsible new text end 115.7 new text begin social services agency having legal custody of the child pursuant to court order under this new text end 115.8 new text begin chapter and that prospective adoptive parent has agreed to adopt the child; new text end 115.9 new text begin (2) the court accepts the parent's voluntary consent to adopt in writing on a form new text end 115.10 new text begin prescribed by the commissioner, executed before two competent witnesses and confirmed new text end 115.11 new text begin by the consenting parent before the court or executed before court. The consent shall new text end 115.12 new text begin contain notice that consent given under this chapter: new text end 115.13 new text begin (i) is irrevocable upon acceptance by the court unless fraud is established and an new text end 115.14 new text begin order issues permitting revocation as stated in clause (9) unless the matter is governed by new text end 115.15 new text begin the Indian Child Welfare Act, United States Code, title 25, section 1913(c); and new text end 115.16 new text begin (ii) will result in an order that the child is under the guardianship of the commissioner new text end 115.17 new text begin of human services; new text end 115.18 new text begin (3) a consent executed and acknowledged outside of this state, either in accordance new text end 115.19 new text begin with the law of this state or in accordance with the law of the place where executed, is new text end 115.20 new text begin valid; new text end 115.21 new text begin (4) the court must review the matter at least every 90 days under section 260C.317; new text end 115.22 new text begin (5) a consent to adopt under this subdivision vests guardianship of the child with new text end 115.23 new text begin the commissioner of human services and makes the child a ward of the commissioner of new text end 115.24 new text begin human services under section 260C.325; new text end 115.25 new text begin (6) the court must forward to the commissioner a copy of the consent to adopt, new text end 115.26 new text begin together with a certified copy of the order transferring guardianship to the commissioner; new text end 115.27 new text begin (7) if an adoption is not finalized by the identified prospective adoptive parent within new text end 115.28 new text begin six months of the execution of the consent to adopt under this clause, the responsible new text end 115.29 new text begin social services agency shall pursue adoptive placement in another home unless the court new text end 115.30 new text begin finds in a hearing under section 260C.317 that the failure to finalize is not due to either an new text end 115.31 new text begin action or a failure to act by the prospective adoptive parent; new text end 115.32 new text begin (8) notwithstanding clause (7), the responsible social services agency must pursue new text end 115.33 new text begin adoptive placement in another home as soon as the agency determines that finalization new text end 115.34 new text begin of the adoption with the identified prospective adoptive parent is not possible, that the new text end 115.35 new text begin identified prospective adoptive parent is not willing to adopt the child, or that the identified new text end 116.1 new text begin prospective adoptive parent is not cooperative in completing the steps necessary to finalize new text end 116.2 new text begin the adoption; new text end 116.3 new text begin (9) unless otherwise required by the Indian Child Welfare Act, United States Code, new text end 116.4 new text begin title 25, section 1913(c), a consent to adopt executed under this section shall be irrevocable new text end 116.5 new text begin upon acceptance by the court except upon order permitting revocation issued by the same new text end 116.6 new text begin court after written findings that consent was obtained by fraud. new text end 116.7     new text begin Subd. 4. new text end new text begin Custody to relative. new text end new text begin The court may order permanent legal and physical new text end 116.8 new text begin custody to a relative in the best interests of the child according to the following conditions: new text end 116.9 new text begin (1) an order for transfer of permanent legal and physical custody to a relative shall new text end 116.10 new text begin only be made after the court has reviewed the suitability of the prospective legal and new text end 116.11 new text begin physical custodian; new text end 116.12 new text begin (2) in transferring permanent legal and physical custody to a relative, the juvenile new text end 116.13 new text begin court shall follow the standards applicable under this chapter and chapter 260, and the new text end 116.14 new text begin procedures in the Minnesota Rules of Juvenile Protection Procedure; new text end 116.15 new text begin (3) a transfer of legal and physical custody includes responsibility for the protection, new text end 116.16 new text begin education, care, and control of the child and decision making on behalf of the child; new text end 116.17 new text begin (4) a permanent legal and physical custodian may not return a child to the permanent new text end 116.18 new text begin care of a parent from whom the court removed custody without the court's approval and new text end 116.19 new text begin without notice to the responsible social services agency; new text end 116.20 new text begin (5) the social services agency may file a petition naming a fit and willing relative as new text end 116.21 new text begin a proposed permanent legal and physical custodian; new text end 116.22 new text begin (6) another party to the permanency proceeding regarding the child may file a new text end 116.23 new text begin petition to transfer permanent legal and physical custody to a relative, but the petition must new text end 116.24 new text begin be filed not later than the date for the required admit/deny hearing under section 260C.507; new text end 116.25 new text begin or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must new text end 116.26 new text begin be filed not later than 30 days prior to the trial required under section 260C.509; and new text end 116.27 new text begin (7) the juvenile court may maintain jurisdiction over the responsible social services new text end 116.28 new text begin agency, the parents or guardian of the child, the child, and the permanent legal and new text end 116.29 new text begin physical custodian for purposes of ensuring appropriate services are delivered to the child new text end 116.30 new text begin and permanent legal custodian for the purpose of ensuring conditions ordered by the court new text end 116.31 new text begin related to the care and custody of the child are met. new text end 116.32     new text begin Subd. 5. new text end new text begin Permanent custody to agency. new text end new text begin The court may order permanent custody to new text end 116.33 new text begin the responsible social services agency for continued placement of the child in foster care new text end 116.34 new text begin but only if it approves the responsible social services agency's compelling reasons that no new text end 116.35 new text begin other permanency disposition order is in the child's best interests, and: new text end 116.36 new text begin (1) the child has reached age 12; new text end 117.1 new text begin (2) the child is a sibling of a child described in clause (1) and the siblings have a new text end 117.2 new text begin significant positive relationship and are ordered into the same foster home; new text end 117.3 new text begin (3) the responsible social services agency has made reasonable efforts to locate and new text end 117.4 new text begin place the child with an adoptive family or a fit and willing relative who would either agree new text end 117.5 new text begin to adopt the child or to a transfer of permanent legal and physical custody of the child, but new text end 117.6 new text begin these efforts have not proven successful; and new text end 117.7 new text begin (4) the parent will continue to have visitation or contact with the child and will new text end 117.8 new text begin remain involved in planning for the child. new text end 117.9     new text begin Subd. 6. new text end new text begin Temporary legal custody to agency. new text end new text begin The court may order temporary legal new text end 117.10 new text begin custody to the responsible social services agency for continued placement of the child in new text end 117.11 new text begin foster care for a specified period of time according to the following conditions: new text end 117.12 new text begin (1) the sole basis for an adjudication that the child is in need of protection or services new text end 117.13 new text begin is the child's behavior; new text end 117.14 new text begin (2) the court finds that foster care for a specified period of time is in the best interests new text end 117.15 new text begin of the child; new text end 117.16 new text begin (3) the court approves the responsible social services agency's compelling reasons new text end 117.17 new text begin that neither an award of permanent legal and physical custody to a relative, nor termination new text end 117.18 new text begin of parental rights is in the child's best interests; and new text end 117.19 new text begin (4) the order specifies that the child continue in foster care no longer than one year. new text end 117.20    Sec. 32. new text begin [260C.517] FINDINGS AND CONTENT OF ORDER FOR new text end 117.21 new text begin PERMANENCY DISPOSITION. new text end 117.22 new text begin (a) Except for an order terminating parental rights, an order permanently placing new text end 117.23 new text begin a child out of the home of the parent or guardian must include the following detailed new text end 117.24 new text begin findings: new text end 117.25 new text begin (1) how the child's best interests are served by the order; new text end 117.26 new text begin (2) the nature and extent of the responsible social services agency's reasonable new text end 117.27 new text begin efforts, or, in the case of an Indian child, active efforts to reunify the child with the parent new text end 117.28 new text begin or guardian where reasonable efforts are required; new text end 117.29 new text begin (3) the parent's or parents' efforts and ability to use services to correct the conditions new text end 117.30 new text begin which led to the out-of-home placement; and new text end 117.31 new text begin (4) that the conditions which led to the out-of-home placement have not been new text end 117.32 new text begin corrected so that the child can safely return home. new text end 117.33 new text begin (b) The court shall issue an order required under section 260C.515 and this section new text end 117.34 new text begin within 15 days of the close of the proceedings. The court may extend issuing the order new text end 118.1 new text begin an additional 15 days when necessary in the interests of justice and the best interests of new text end 118.2 new text begin the child. new text end 118.3    Sec. 33. new text begin [260C.519] FURTHER COURT HEARINGS. new text end 118.4 new text begin Once a permanency disposition order has been made, further court hearings are new text end 118.5 new text begin necessary if: new text end 118.6 new text begin (1) the child is ordered on a trial home visit or under the protective supervision new text end 118.7 new text begin of the responsible social services agency; new text end 118.8 new text begin (2) the child continues in foster care; new text end 118.9 new text begin (3) the court orders further hearings in a transfer of permanent legal and physical new text end 118.10 new text begin custody matter including if a party seeks to modify an order under section 260C.521, new text end 118.11 new text begin subdivision 2; new text end 118.12 new text begin (4) an adoption has not yet been finalized; or new text end 118.13 new text begin (5) the child returns to foster care after the court has entered an order for a new text end 118.14 new text begin permanency disposition under this section. new text end 118.15    Sec. 34. new text begin [260C.521] COURT REVIEWS AFTER PERMANENCY DISPOSITION new text end 118.16 new text begin ORDER. new text end 118.17     new text begin Subdivision 1. new text end new text begin Child in permanent custody of responsible social services agency. new text end 118.18 new text begin (a) Court reviews of an order for permanent custody to the responsible social services new text end 118.19 new text begin agency for placement of the child in foster care must be conducted at least yearly at an new text end 118.20 new text begin in-court appearance hearing. new text end 118.21 new text begin (b) The purpose of the review hearing is to ensure: new text end 118.22 new text begin (1) the order for permanent custody to the responsible social services agency for new text end 118.23 new text begin placement of the child in foster care continues to be in the best interests of the child and new text end 118.24 new text begin that no other permanency disposition order is in the best interests of the child; new text end 118.25 new text begin (2) that the agency is assisting the child to build connections to the child's family new text end 118.26 new text begin and community; and new text end 118.27 new text begin (3) that the agency is appropriately planning with the child for development of new text end 118.28 new text begin independent living skills for the child, and as appropriate, for the orderly and successful new text end 118.29 new text begin transition to independent living that may occur if the child continues in foster care without new text end 118.30 new text begin another permanency disposition order. new text end 118.31 new text begin (c) The court must review the child's out-of-home placement plan and the reasonable new text end 118.32 new text begin efforts of the agency to finalize an alternative permanent plan for the child including the new text end 118.33 new text begin agency's efforts to: new text end 119.1 new text begin (1) ensure that permanent custody to the agency with placement of the child in new text end 119.2 new text begin foster care continues to be the most appropriate legal arrangement for meeting the child's new text end 119.3 new text begin need for permanency and stability or, if not, to identify and attempt to finalize another new text end 119.4 new text begin permanency disposition order under this chapter that would better serve the child's needs new text end 119.5 new text begin and best interests; new text end 119.6 new text begin (2) identify a specific foster home for the child, if one has not already been identified; new text end 119.7 new text begin (3) support continued placement of the child in the identified home, if one has been new text end 119.8 new text begin identified; new text end 119.9 new text begin (4) ensure appropriate services are provided to address the physical health, mental new text end 119.10 new text begin health, and educational needs of the child during the period of foster care and also ensure new text end 119.11 new text begin appropriate services or assistance to maintain relationships with appropriate family new text end 119.12 new text begin members and the child's community; and new text end 119.13 new text begin (5) plan for the child's independence upon the child's leaving foster care living as new text end 119.14 new text begin required under section 260C.212, subdivision 1. new text end 119.15 new text begin (d) The court may find that the agency has made reasonable efforts to finalize the new text end 119.16 new text begin permanent plan for the child when: new text end 119.17 new text begin (1) the agency has made reasonable efforts to identify a more legally permanent new text end 119.18 new text begin home for the child than is provided by an order for permanent custody to the agency new text end 119.19 new text begin for placement in foster care; and new text end 119.20 new text begin (2) the agency's engagement of the child in planning for independent living is new text end 119.21 new text begin reasonable and appropriate. new text end 119.22     new text begin Subd. 2. new text end new text begin Modifying an order for permanent legal and physical custody to a new text end 119.23 new text begin relative. new text end new text begin An order for a relative to have permanent legal and physical custody of a child new text end 119.24 new text begin may be modified using standards under sections 518.18 and 518.185. The social services new text end 119.25 new text begin agency is a party to the proceeding and must receive notice. new text end 119.26     new text begin Subd. 3. new text end new text begin Modifying order for permanent custody to agency for placement in new text end 119.27 new text begin foster care. new text end new text begin (a) A parent may seek modification of an order for permanent custody of the new text end 119.28 new text begin child to the responsible social services agency for placement in foster care upon motion new text end 119.29 new text begin and a showing by the parent of a substantial change in the parent's circumstances such new text end 119.30 new text begin that the parent could provide appropriate care for the child and that removal of the child new text end 119.31 new text begin from the permanent custody of the agency and the return to the parent's care would be new text end 119.32 new text begin in the best interests of the child. new text end 119.33 new text begin (b) The responsible social services agency may ask the court to vacate an order for new text end 119.34 new text begin permanent custody to the agency upon a petition and hearing pursuant to section 260C.163 new text end 119.35 new text begin establishing the basis for the court to order another permanency disposition under this new text end 119.36 new text begin chapter, including termination of parental rights based on abandonment if the parent new text end 120.1 new text begin has not visited the child, maintained contact with the child, or participated in planning new text end 120.2 new text begin for the child as required under section 260C.515, subdivision 5. The responsible social new text end 120.3 new text begin services agency must establish that the proposed permanency disposition order is in the new text end 120.4 new text begin child's best interests. Upon a hearing where the court determines the petition is proved, new text end 120.5 new text begin the court may vacate the order for permanent custody and enter a different order for a new text end 120.6 new text begin permanent disposition that is in the child's best interests. The court shall not require further new text end 120.7 new text begin reasonable efforts to reunify the child with the parent or guardian as a basis for vacating new text end 120.8 new text begin the order for permanent custody to the agency and ordering a different permanency new text end 120.9 new text begin disposition in the child's best interests. The county attorney must file the petition and give new text end 120.10 new text begin notice as required under the Minnesota Rules of Juvenile Protection Procedure in order to new text end 120.11 new text begin modify an order for permanent custody under this subdivision. new text end 120.12    Sec. 35. new text begin EFFECTIVE DATE. new text end 120.13 new text begin This article is effective August 1, 2012. new text end 120.14ARTICLE 5 120.15CHILD SUPPORT 120.16    Section 1. Minnesota Statutes 2011 Supplement, section 256.01, subdivision 14b, 120.17is amended to read: 120.18    Subd. 14b. American Indian child welfare projects. (a) The commissioner of 120.19human services may authorize projects to test tribal delivery of child welfare services to 120.20American Indian children and their parents and custodians living on the reservation. 120.21The commissioner has authority to solicit and determine which tribes may participate 120.22in a project. Grants may be issued to Minnesota Indian tribes to support the projects. 120.23The commissioner may waive existing state rules as needed to accomplish the projects. 120.24Notwithstanding section 626.556, the commissioner may authorize projects to use 120.25alternative methods of investigating and assessing reports of child maltreatment, provided 120.26that the projects comply with the provisions of section 626.556 dealing with the rights 120.27of individuals who are subjects of reports or investigations, including notice and appeal 120.28rights and data practices requirements. The commissioner may seek any federal approvals 120.29necessary to carry out the projects as well as seek and use any funds available to the 120.30commissioner, including use of federal funds, foundation funds, existing grant funds, 120.31and other funds. The commissioner is authorized to advance state funds as necessary to 120.32operate the projects. Federal reimbursement applicable to the projects is appropriated 120.33to the commissioner for the purposes of the projects. The projects must be required to 120.34address responsibility for safety, permanency, and well-being of children. 121.1(b) For the purposes of this section, "American Indian child" means a person under 121.218 years of age new text begin 21 years old and new text end who is a tribal member or eligible for membership in 121.3one of the tribes chosen for a project under this subdivision and who is residing on the 121.4reservation of that tribe. 121.5(c) In order to qualify for an American Indian child welfare project, a tribe must: 121.6(1) be one of the existing tribes with reservation land in Minnesota; 121.7(2) have a tribal court with jurisdiction over child custody proceedings; 121.8(3) have a substantial number of children for whom determinations of maltreatment 121.9have occurred; 121.10(4) have capacity to respond to reports of abuse and neglect under section 626.556; 121.11(5) provide a wide range of services to families in need of child welfare services; and 121.12(6) have a tribal-state title IV-E agreement in effect. 121.13(d) Grants awarded under this section may be used for the nonfederal costs of 121.14providing child welfare services to American Indian children on the tribe's reservation, 121.15including costs associated with: 121.16(1) assessment and prevention of child abuse and neglect; 121.17(2) family preservation; 121.18(3) facilitative, supportive, and reunification services; 121.19(4) out-of-home placement for children removed from the home for child protective 121.20purposes; and 121.21(5) other activities and services approved by the commissioner that further the goals 121.22of providing safety, permanency, and well-being of American Indian children. 121.23(e) When a tribe has initiated a project and has been approved by the commissioner 121.24to assume child welfare responsibilities for American Indian children of that tribe under 121.25this section, the affected county social service agency is relieved of responsibility for 121.26responding to reports of abuse and neglect under section 626.556 for those children 121.27during the time within which the tribal project is in effect and funded. The commissioner 121.28shall work with tribes and affected counties to develop procedures for data collection, 121.29evaluation, and clarification of ongoing role and financial responsibilities of the county 121.30and tribe for child welfare services prior to initiation of the project. Children who have not 121.31been identified by the tribe as participating in the project shall remain the responsibility 121.32of the county. Nothing in this section shall alter responsibilities of the county for law 121.33enforcement or court services. 121.34(f) Participating tribes may conduct children's mental health screenings under section 121.35245.4874, subdivision 1 , paragraph (a), clause (14), for children who are eligible for the 121.36initiative and living on the reservation and who meet one of the following criteria: 122.1(1) the child must be receiving child protective services; 122.2(2) the child must be in foster care; or 122.3(3) the child's parents must have had parental rights suspended or terminated. 122.4Tribes may access reimbursement from available state funds for conducting the screenings. 122.5Nothing in this section shall alter responsibilities of the county for providing services 122.6under section 245.487. 122.7(g) Participating tribes may establish a local child mortality review panel. In 122.8establishing a local child mortality review panel, the tribe agrees to conduct local child 122.9mortality reviews for child deaths or near-fatalities occurring on the reservation under 122.10subdivision 12. Tribes with established child mortality review panels shall have access 122.11to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c) 122.12to (e). The tribe shall provide written notice to the commissioner and affected counties 122.13when a local child mortality review panel has been established and shall provide data upon 122.14request of the commissioner for purposes of sharing nonpublic data with members of the 122.15state child mortality review panel in connection to an individual case. 122.16(h) The commissioner shall collect information on outcomes relating to child safety, 122.17permanency, and well-being of American Indian children who are served in the projects. 122.18Participating tribes must provide information to the state in a format and completeness 122.19deemed acceptable by the state to meet state and federal reporting requirements. 122.20    (i) In consultation with the White Earth Band, the commissioner shall develop 122.21and submit to the chairs and ranking minority members of the legislative committees 122.22with jurisdiction over health and human services a plan to transfer legal responsibility 122.23for providing child protective services to White Earth Band member children residing in 122.24Hennepin County to the White Earth Band. The plan shall include a financing proposal, 122.25definitions of key terms, statutory amendments required, and other provisions required to 122.26implement the plan. The commissioner shall submit the plan by January 15, 2012. 122.27    Sec. 2. Minnesota Statutes 2010, section 257.75, subdivision 7, is amended to read: 122.28    Subd. 7. Hospital and Department of Health distribution of educational 122.29materials; recognition form. Hospitals that provide obstetric services and the state 122.30registrar of vital statistics shall distribute the educational materials and recognition 122.31of parentage forms prepared by the commissioner of human services to new parents new text begin ; new text end 122.32and shall assist parents in understanding the recognition of parentage form, including 122.33following the provisions for notice under subdivision 5 new text begin ; shall aid new parents in properly new text end 122.34 new text begin completing the recognition of parentage form, including providing notary services; and new text end 122.35 new text begin shall timely file the completed recognition of parentage form with the Office of the State new text end 123.1 new text begin Registrar of Vital Statistics new text end . On and after January 1, 1994, hospitals may not distribute the 123.2declaration of parentage forms. 123.3    Sec. 3. Minnesota Statutes 2010, section 518A.40, subdivision 4, is amended to read: 123.4    Subd. 4. Change in child care. (a) When a court order provides for child care 123.5expenses, and child care support is not assigned under section 256.741, the public 123.6authority, if the public authority provides child support enforcement services, must new text begin may new text end 123.7suspend collecting the amount allocated for child care expenses when: 123.8    (1) either party informs the public authority that no child care costs are being 123.9incurred; and new text begin : new text end 123.10    (2) new text begin (1) new text end the public authority verifies the accuracy of the information with the obligee. new text begin ; new text end 123.11 new text begin or new text end 123.12 new text begin (2) the obligee fails to respond within 30 days of the date of a written request new text end 123.13 new text begin from the public authority for information regarding child care costs. A written or oral new text end 123.14 new text begin response from the obligee that child care costs are being incurred is sufficient for the new text end 123.15 new text begin public authority to continue collecting child care expenses. new text end 123.16The suspension is effective as of the first day of the month following the date that the 123.17public authority received the verification new text begin either verified the information with the obligee new text end 123.18 new text begin or the obligee failed to respond new text end . The public authority will resume collecting child care 123.19expenses when either party provides information that child care costs have resumed new text begin are new text end 123.20 new text begin incurred new text end , or when a child care support assignment takes effect under section 256.741, 123.21subdivision 4. The resumption is effective as of the first day of the month after the date 123.22that the public authority received the information. 123.23    (b) If the parties provide conflicting information to the public authority regarding 123.24whether child care expenses are being incurred, or if the public authority is unable to 123.25verify with the obligee that no child care costs are being incurred, the public authority will 123.26continue or resume collecting child care expenses. Either party, by motion to the court, 123.27may challenge the suspension, continuation, or resumption of the collection of child care 123.28expenses under this subdivision. If the public authority suspends collection activities 123.29for the amount allocated for child care expenses, all other provisions of the court order 123.30remain in effect. 123.31    (c) In cases where there is a substantial increase or decrease in child care expenses, 123.32the parties may modify the order under section 518A.39. 123.33    Sec. 4. Minnesota Statutes 2010, section 518C.205, is amended to read: 123.34518C.205 CONTINUING, EXCLUSIVE JURISDICTION. 124.1    (a) A tribunal of this state issuing a support order consistent with the law of this state 124.2has continuing, exclusive jurisdiction over a child support order new text begin unless new text end : 124.3    (1) as long as this state remains new text begin is no longer new text end the residence of the obligor, the 124.4individual obligee, or new text begin and new text end the child for whose benefit the support order is issued; or 124.5    (2) until all of the parties who are individuals have filed written consents with 124.6the tribunal of this state for a tribunal of another state to modify the order and assume 124.7continuing, exclusive jurisdiction. 124.8    (b) A tribunal of this state issuing a child support order consistent with the law of 124.9this state may not exercise its continuing jurisdiction to modify the order if the order has 124.10been modified by a tribunal of another state pursuant to this chapter or a law substantially 124.11similar to this chapter. 124.12    (c) If a child support order of this state is modified by a tribunal of another state 124.13pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state 124.14loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the 124.15order issued in this state, and may only: 124.16    (1) enforce the order that was modified as to amounts accruing before the 124.17modification; 124.18    (2) enforce nonmodifiable aspects of that order; and 124.19    (3) provide other appropriate relief for violations of that order which occurred before 124.20the effective date of the modification. 124.21    (d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a 124.22tribunal of another state which has issued a child support order pursuant to this chapter or 124.23a law substantially similar to this chapter. 124.24    (e) A temporary support order issued ex parte or pending resolution of a jurisdictional 124.25conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. 124.26    (f) A tribunal of this state issuing a support order consistent with the law of this 124.27state has continuing, exclusive jurisdiction over a spousal support order throughout the 124.28existence of the support obligation. A tribunal of this state may not modify a spousal 124.29support order issued by a tribunal of another state having continuing, exclusive jurisdiction 124.30over that order under the law of that state. 124.31    Sec. 5. new text begin RECIPROCAL AGREEMENT; CHILD SUPPORT ENFORCEMENT. new text end 124.32 new text begin The commissioner of human services shall initiate procedures no later than October new text end 124.33 new text begin 1, 2012, to enter into a reciprocal agreement with Bermuda for the establishment and new text end 124.34 new text begin enforcement of child support obligations pursuant to United States Code, title 42, section new text end 124.35 new text begin 659a(d). new text end 125.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective upon Bermuda's written acceptance new text end 125.2 new text begin and agreement to enforce Minnesota child support orders. If Bermuda does not accept and new text end 125.3 new text begin declines to enforce Minnesota orders, this section expires October 1, 2013. new text end 125.4    Sec. 6. new text begin EFFECTIVE DATE. new text end 125.5 new text begin This article is effective August 1, 2012. new text end 125.6ARTICLE 6 125.7TECHNICAL AND CONFORMING AMENDMENTS 125.8    Section 1. Minnesota Statutes 2010, section 257.01, is amended to read: 125.9257.01 RECORDS REQUIRED. 125.10Each person or authorized child-placing agency permitted by law to receive children, 125.11secure homes for children, or care for children, shall keep a record containing the name, 125.12age, former residence, legal status, health records, sex, race, and accumulated length of 125.13time in foster care, if applicable, of each child received; the name, former residence, 125.14occupation, health history, and character, of each birth parent; the date of reception, 125.15placing out, and adoption of each child, and the name, race, occupation, and residence of 125.16the person with whom a child is placed; the date of the removal of any child to another 125.17home and the reason for removal; the date of termination of the guardianship; the history 125.18of each child until the child reaches the age of 18 new text begin 21 new text end years, is legally adopted, or is 125.19discharged according to law; and further demographic and other information as is required 125.20by the commissioner of human services. 125.21    Sec. 2. Minnesota Statutes 2010, section 259.69, is amended to read: 125.22259.69 TRANSFER OF FUNDS. 125.23The commissioner of human services may transfer funds into the subsidized adoption new text begin new text end 125.24 new text begin assistance new text end account when a deficit in the subsidized adoption new text begin assistance new text end program occurs. 125.25    Sec. 3. Minnesota Statutes 2010, section 259.73, is amended to read: 125.26259.73 REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES. 125.27The commissioner of human services shall provide reimbursement of up to $2,000 125.28to the adoptive parent or parents for costs incurred in adopting a child with special 125.29needs. The commissioner shall determine the child's eligibility for adoption expense 125.30reimbursement under title IV-E of the Social Security Act, United States Code, title 42, 125.31sections 670 to 676. To be reimbursed, costs must be reasonable, necessary, and directly 126.1related to the legal adoption of the child. new text begin An individual may apply for reimbursement for new text end 126.2 new text begin costs incurred in an adoption of a child with special needs under section 259A.70. new text end 126.3    Sec. 4. Minnesota Statutes 2010, section 260C.301, subdivision 1, is amended to read: 126.4    Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition, 126.5terminate all rights of a parent to a child: 126.6(a) with the written consent of a parent who for good cause desires to terminate 126.7parental rights; or 126.8(b) if it finds that one or more of the following conditions exist: 126.9(1) that the parent has abandoned the child; 126.10(2) that the parent has substantially, continuously, or repeatedly refused or neglected 126.11to comply with the duties imposed upon that parent by the parent and child relationship, 126.12including but not limited to providing the child with necessary food, clothing, shelter, 126.13education, and other care and control necessary for the child's physical, mental, or 126.14emotional health and development, if the parent is physically and financially able, and 126.15either reasonable efforts by the social services agency have failed to correct the conditions 126.16that formed the basis of the petition or reasonable efforts would be futile and therefore 126.17unreasonable; 126.18(3) that a parent has been ordered to contribute to the support of the child or 126.19financially aid in the child's birth and has continuously failed to do so without good cause. 126.20This clause shall not be construed to state a grounds for termination of parental rights of a 126.21noncustodial parent if that parent has not been ordered to or cannot financially contribute 126.22to the support of the child or aid in the child's birth; 126.23(4) that a parent is palpably unfit to be a party to the parent and child relationship 126.24because of a consistent pattern of specific conduct before the child or of specific conditions 126.25directly relating to the parent and child relationship either of which are determined by 126.26the court to be of a duration or nature that renders the parent unable, for the reasonably 126.27foreseeable future, to care appropriately for the ongoing physical, mental, or emotional 126.28needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent 126.29and child relationship upon a showing that the parent's parental rights to one or more other 126.30children were involuntarily terminated or that the parent's custodial rights to another child 126.31have been involuntarily transferred to a relative under section 260C.201, subdivision 11, 126.32paragraph (e), clause (1), or a similar law of another jurisdiction; 126.33(5) that following the child's placement out of the home, reasonable efforts, under the 126.34direction of the court, have failed to correct the conditions leading to the child's placement. 126.35It is presumed that reasonable efforts under this clause have failed upon a showing that: 127.1(i) a child has resided out of the parental home under court order for a cumulative 127.2period of 12 months within the preceding 22 months. In the case of a child under age eight 127.3at the time the petition was filed alleging the child to be in need of protection or services, 127.4the presumption arises when the child has resided out of the parental home under court 127.5order for six months unless the parent has maintained regular contact with the child and 127.6the parent is complying with the out-of-home placement plan; 127.7(ii) the court has approved the out-of-home placement plan required under section 127.8260C.212 and filed with the court under section 260C.178; 127.9(iii) conditions leading to the out-of-home placement have not been corrected. It 127.10is presumed that conditions leading to a child's out-of-home placement have not been 127.11corrected upon a showing that the parent or parents have not substantially complied with 127.12the court's orders and a reasonable case plan; and 127.13(iv) reasonable efforts have been made by the social services agency to rehabilitate 127.14the parent and reunite the family. 127.15This clause does not prohibit the termination of parental rights prior to one year, or 127.16in the case of a child under age eight, prior to six months after a child has been placed 127.17out of the home. 127.18It is also presumed that reasonable efforts have failed under this clause upon a 127.19showing that: 127.20(A) the parent has been diagnosed as chemically dependent by a professional 127.21certified to make the diagnosis; 127.22(B) the parent has been required by a case plan to participate in a chemical 127.23dependency treatment program; 127.24(C) the treatment programs offered to the parent were culturally, linguistically, 127.25and clinically appropriate; 127.26(D) the parent has either failed two or more times to successfully complete a 127.27treatment program or has refused at two or more separate meetings with a caseworker 127.28to participate in a treatment program; and 127.29(E) the parent continues to abuse chemicals. 127.30(6) that a child has experienced egregious harm in the parent's care which is of a 127.31nature, duration, or chronicity that indicates a lack of regard for the child's well-being, 127.32such that a reasonable person would believe it contrary to the best interest of the child 127.33or of any child to be in the parent's care; 127.34(7) that in the case of a child born to a mother who was not married to the child's 127.35father when the child was conceived nor when the child was born the person is not entitled 128.1to notice of an adoption hearing under section 259.49 and the person has not registered 128.2with the fathers' adoption registry under section 259.52; 128.3(8) that the child is neglected and in foster care; or 128.4(9) that the parent has been convicted of a crime listed in section 260.012, paragraph 128.5(g) , clauses (1) to (3) new text begin (5) new text end . 128.6In an action involving an American Indian child, sections 260.751 to 260.835 and 128.7the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control 128.8to the extent that the provisions of this section are inconsistent with those laws. 128.9    Sec. 5. Minnesota Statutes 2010, section 260D.08, is amended to read: 128.10260D.08 ANNUAL REVIEW. 128.11    (a) After the court conducts a permanency review hearing under section 260D.07, 128.12the matter must be returned to the court for further review of the new text begin responsible social new text end 128.13 new text begin services reasonable efforts to finalize the permanent plan for the child and the new text end child's foster 128.14care placement at least every 12 months while the child is in foster care. The court shall 128.15give notice to the parent and child, age 12 or older, and the foster parents of the continued 128.16review requirements under this section at the permanency review hearing. 128.17    (b) Every 12 months, the court shall determine whether the agency made reasonable 128.18efforts to finalize the permanency plan for the child, which means the exercise of due 128.19diligence by the agency to: 128.20    (1) ensure that the agreement for voluntary foster care is the most appropriate legal 128.21arrangement to meet the child's safety, health, and best interests new text begin and to conduct a genuine new text end 128.22 new text begin examination of whether there is another permanency disposition order under chapter new text end 128.23 new text begin 260C, including returning the child home, that would better serve the child's need for a new text end 128.24 new text begin stable and permanent home new text end ; 128.25    (2) engage and support the parent in continued involvement in planning and decision 128.26making for the needs of the child; 128.27    (3) strengthen the child's ties to the parent, relatives, and community; 128.28    (4) implement the out-of-home placement plan required under section 260C.212, 128.29subdivision 1, and ensure that the plan requires the provision of appropriate services to 128.30address the physical health, mental health, and educational needs of the child; and 128.31    (5) ensure appropriate planning for the child's safe, permanent, and independent 128.32living arrangement after the child's 18th birthday. 128.33    Sec. 6. new text begin [611.012] DISPOSITION OF CHILD OF PARENT ARRESTED. new text end 129.1 new text begin A peace officer who arrests a person accompanied by a child of the person may new text end 129.2 new text begin release the child to any person designated by the parent unless it is necessary to remove new text end 129.3 new text begin the child under section 260C.175 because the child is found in surroundings or conditions new text end 129.4 new text begin which endanger the child's health or welfare or which the peace officer reasonably believes new text end 129.5 new text begin will endanger the child's health or welfare. An officer releasing a child under this section new text end 129.6 new text begin to a person designated by the parent has no civil or criminal liability for the child's release. new text end 129.7    Sec. 7. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read: 129.8    Subd. 2. Definitions. As used in this section, the following terms have the meanings 129.9given them unless the specific content indicates otherwise: 129.10    (a) "Family assessment" means a comprehensive assessment of child safety, risk 129.11of subsequent child maltreatment, and family strengths and needs that is applied to a 129.12child maltreatment report that does not allege substantial child endangerment. Family 129.13assessment does not include a determination as to whether child maltreatment occurred 129.14but does determine the need for services to address the safety of family members and the 129.15risk of subsequent maltreatment. 129.16    (b) "Investigation" means fact gathering related to the current safety of a child 129.17and the risk of subsequent maltreatment that determines whether child maltreatment 129.18occurred and whether child protective services are needed. An investigation must be used 129.19when reports involve substantial child endangerment, and for reports of maltreatment in 129.20facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 129.21144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 129.2213, and 124D.10; or in a nonlicensed personal care provider association as defined in 129.23sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a. 129.24    (c) "Substantial child endangerment" means a person responsible for a child's care, 129.25and in the case of sexual abuse includes a person who has a significant relationship to the 129.26child as defined in section 609.341, or a person in a position of authority as defined in 129.27section 609.341, who by act or omission commits or attempts to commit an act against a 129.28child under their care that constitutes any of the following: 129.29    (1) egregious harm as defined in section 260C.007, subdivision 14; 129.30    (2) sexual abuse as defined in paragraph (d); 129.31    (3) abandonment under section 260C.301, subdivision 2; 129.32    (4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 129.33child's physical or mental health, including a growth delay, which may be referred to as 129.34failure to thrive, that has been diagnosed by a physician and is due to parental neglect; 130.1    (5) murder in the first, second, or third degree under section 609.185, 609.19, or 130.2609.195 ; 130.3    (6) manslaughter in the first or second degree under section 609.20 or 609.205; 130.4    (7) assault in the first, second, or third degree under section 609.221, 609.222, or 130.5609.223 ; 130.6    (8) solicitation, inducement, and promotion of prostitution under section 609.322; 130.7    (9) criminal sexual conduct under sections 609.342 to 609.3451; 130.8    (10) solicitation of children to engage in sexual conduct under section 609.352; 130.9    (11) malicious punishment or neglect or endangerment of a child under section 130.10609.377 or 609.378; 130.11    (12) use of a minor in sexual performance under section 617.246; or 130.12    (13) parental behavior, status, or condition which mandates that the county attorney 130.13file a termination of parental rights petition under section 260C.301, subdivision 3, 130.14paragraph (a). 130.15    (d) "Sexual abuse" means the subjection of a child by a person responsible for the 130.16child's care, by a person who has a significant relationship to the child, as defined in 130.17section 609.341, or by a person in a position of authority, as defined in section 609.341, 130.18subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 130.19conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 130.20609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 130.21in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 130.22abuse also includes any act which involves a minor which constitutes a violation of 130.23prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 130.24threatened sexual abuse new text begin which includes the status of a parent or household member new text end 130.25 new text begin who has committed a violation which requires registration as an offender under section new text end 130.26 new text begin 243.166, subdivision 1b, paragraph (a) or (b), or required registration under section new text end 130.27 new text begin 243.166, subdivision 1b, paragraph (a) or (b) new text end . 130.28    (e) "Person responsible for the child's care" means (1) an individual functioning 130.29within the family unit and having responsibilities for the care of the child such as a 130.30parent, guardian, or other person having similar care responsibilities, or (2) an individual 130.31functioning outside the family unit and having responsibilities for the care of the child 130.32such as a teacher, school administrator, other school employees or agents, or other lawful 130.33custodian of a child having either full-time or short-term care responsibilities including, 130.34but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 130.35and coaching. 131.1    (f) "Neglect" means the commission or omission of any of the acts specified under 131.2clauses (1) to (9), other than by accidental means: 131.3    (1) failure by a person responsible for a child's care to supply a child with necessary 131.4food, clothing, shelter, health, medical, or other care required for the child's physical or 131.5mental health when reasonably able to do so; 131.6    (2) failure to protect a child from conditions or actions that seriously endanger the 131.7child's physical or mental health when reasonably able to do so, including a growth delay, 131.8which may be referred to as a failure to thrive, that has been diagnosed by a physician and 131.9is due to parental neglect; 131.10    (3) failure to provide for necessary supervision or child care arrangements 131.11appropriate for a child after considering factors as the child's age, mental ability, physical 131.12condition, length of absence, or environment, when the child is unable to care for the 131.13child's own basic needs or safety, or the basic needs or safety of another child in their care; 131.14    (4) failure to ensure that the child is educated as defined in sections 120A.22 and 131.15260C.163, subdivision 11 , which does not include a parent's refusal to provide the parent's 131.16child with sympathomimetic medications, consistent with section 125A.091, subdivision 5; 131.17    (5) nothing in this section shall be construed to mean that a child is neglected solely 131.18because the child's parent, guardian, or other person responsible for the child's care in 131.19good faith selects and depends upon spiritual means or prayer for treatment or care of 131.20disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 131.21or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 131.22if a lack of medical care may cause serious danger to the child's health. This section does 131.23not impose upon persons, not otherwise legally responsible for providing a child with 131.24necessary food, clothing, shelter, education, or medical care, a duty to provide that care; 131.25    (6) prenatal exposure to a controlled substance, as defined in section 253B.02, 131.26subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 131.27symptoms in the child at birth, results of a toxicology test performed on the mother at 131.28delivery or the child at birth, or medical effects or developmental delays during the child's 131.29first year of life that medically indicate prenatal exposure to a controlled substance new text begin , or the new text end 131.30 new text begin presence of a fetal alcohol spectrum disorder new text end ; 131.31    (7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5); 131.32    (8) chronic and severe use of alcohol or a controlled substance by a parent or 131.33person responsible for the care of the child that adversely affects the child's basic needs 131.34and safety; or 131.35    (9) emotional harm from a pattern of behavior which contributes to impaired 131.36emotional functioning of the child which may be demonstrated by a substantial and 132.1observable effect in the child's behavior, emotional response, or cognition that is not 132.2within the normal range for the child's age and stage of development, with due regard to 132.3the child's culture. 132.4    (g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 132.5inflicted by a person responsible for the child's care on a child other than by accidental 132.6means, or any physical or mental injury that cannot reasonably be explained by the child's 132.7history of injuries, or any aversive or deprivation procedures, or regulated interventions, 132.8that have not been authorized under section 121A.67 or 245.825. 132.9    Abuse does not include reasonable and moderate physical discipline of a child 132.10administered by a parent or legal guardian which does not result in an injury. Abuse does 132.11not include the use of reasonable force by a teacher, principal, or school employee as 132.12allowed by section 121A.582. Actions which are not reasonable and moderate include, 132.13but are not limited to, any of the following that are done in anger or without regard to the 132.14safety of the child: 132.15    (1) throwing, kicking, burning, biting, or cutting a child; 132.16    (2) striking a child with a closed fist; 132.17    (3) shaking a child under age three; 132.18    (4) striking or other actions which result in any nonaccidental injury to a child 132.19under 18 months of age; 132.20    (5) unreasonable interference with a child's breathing; 132.21    (6) threatening a child with a weapon, as defined in section 609.02, subdivision 6; 132.22    (7) striking a child under age one on the face or head; 132.23    (8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 132.24substances which were not prescribed for the child by a practitioner, in order to control or 132.25punish the child; or other substances that substantially affect the child's behavior, motor 132.26coordination, or judgment or that results in sickness or internal injury, or subjects the 132.27child to medical procedures that would be unnecessary if the child were not exposed 132.28to the substances; 132.29    (9) unreasonable physical confinement or restraint not permitted under section 132.30609.379 , including but not limited to tying, caging, or chaining; or 132.31    (10) in a school facility or school zone, an act by a person responsible for the child's 132.32care that is a violation under section 121A.58. 132.33    (h) "Report" means any report received by the local welfare agency, police 132.34department, county sheriff, or agency responsible for assessing or investigating 132.35maltreatment pursuant to this section. 132.36    (i) "Facility" means: 133.1    (1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 133.2sanitarium, or other facility or institution required to be licensed under sections 144.50 to 133.3144.58 , 241.021, or 245A.01 to 245A.16, or chapter 245B; 133.4    (2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 133.5124D.10 ; or 133.6    (3) a nonlicensed personal care provider organization as defined in sections 256B.04, 133.7subdivision 16, and 256B.0625, subdivision 19a. 133.8    (j) "Operator" means an operator or agency as defined in section 245A.02. 133.9    (k) "Commissioner" means the commissioner of human services. 133.10    (l) "Practice of social services," for the purposes of subdivision 3, includes but is 133.11not limited to employee assistance counseling and the provision of guardian ad litem and 133.12parenting time expeditor services. 133.13    (m) "Mental injury" means an injury to the psychological capacity or emotional 133.14stability of a child as evidenced by an observable or substantial impairment in the child's 133.15ability to function within a normal range of performance and behavior with due regard to 133.16the child's culture. 133.17    (n) "Threatened injury" means a statement, overt act, condition, or status that 133.18represents a substantial risk of physical or sexual abuse or mental injury. Threatened 133.19injury includes, but is not limited to, exposing a child to a person responsible for the 133.20child's care, as defined in paragraph (e), clause (1), who has: 133.21    (1) subjected a child to, or failed to protect a child from, an overt act or condition 133.22that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 133.23similar law of another jurisdiction; 133.24    (2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 133.25(4), or a similar law of another jurisdiction; 133.26    (3) committed an act that has resulted in an involuntary termination of parental rights 133.27under section 260C.301, or a similar law of another jurisdiction; or 133.28    (4) committed an act that has resulted in the involuntary transfer of permanent legal 133.29and physical custody of a child to a relative under section 260C.201, subdivision 11, 133.30paragraph (d), clause (1), or a similar law of another jurisdiction. 133.31    (o) Persons who conduct assessments or investigations under this section shall take 133.32into account accepted child-rearing practices of the culture in which a child participates 133.33and accepted teacher discipline practices, which are not injurious to the child's health, 133.34welfare, and safety. 133.35    (p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 133.36occurrence or event which: 134.1    (1) is not likely to occur and could not have been prevented by exercise of due 134.2care; and 134.3    (2) if occurring while a child is receiving services from a facility, happens when the 134.4facility and the employee or person providing services in the facility are in compliance 134.5with the laws and rules relevant to the occurrence or event. 134.6(q) "Nonmaltreatment mistake" means: 134.7(1) at the time of the incident, the individual was performing duties identified in the 134.8center's child care program plan required under Minnesota Rules, part 9503.0045; 134.9(2) the individual has not been determined responsible for a similar incident that 134.10resulted in a finding of maltreatment for at least seven years; 134.11(3) the individual has not been determined to have committed a similar 134.12nonmaltreatment mistake under this paragraph for at least four years; 134.13(4) any injury to a child resulting from the incident, if treated, is treated only with 134.14remedies that are available over the counter, whether ordered by a medical professional or 134.15not; and 134.16(5) except for the period when the incident occurred, the facility and the individual 134.17providing services were both in compliance with all licensing requirements relevant to the 134.18incident. 134.19This definition only applies to child care centers licensed under Minnesota 134.20Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of 134.21substantiated maltreatment by the individual, the commissioner of human services shall 134.22determine that a nonmaltreatment mistake was made by the individual. 134.23    Sec. 8. Minnesota Statutes 2010, section 626.556, subdivision 10, is amended to read: 134.24    Subd. 10. Duties of local welfare agency and local law enforcement agency upon 134.25receipt of report. (a) Upon receipt of a report, the local welfare agency shall determine 134.26whether to conduct a family assessment or an investigation as appropriate to prevent or 134.27provide a remedy for child maltreatment. The local welfare agency: 134.28    (1) shall conduct an investigation on reports involving substantial child 134.29endangerment; 134.30    (2) shall begin an immediate investigation if, at any time when it is using a family 134.31assessment response, it determines that there is reason to believe that substantial child 134.32endangerment or a serious threat to the child's safety exists; 134.33    (3) may conduct a family assessment for reports that do not allege substantial child 134.34endangerment. In determining that a family assessment is appropriate, the local welfare 135.1agency may consider issues of child safety, parental cooperation, and the need for an 135.2immediate response; and 135.3    (4) may conduct a family assessment on a report that was initially screened and 135.4assigned for an investigation. In determining that a complete investigation is not required, 135.5the local welfare agency must document the reason for terminating the investigation and 135.6notify the local law enforcement agency if the local law enforcement agency is conducting 135.7a joint investigation. 135.8    If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, 135.9or individual functioning within the family unit as a person responsible for the child's 135.10care, or sexual abuse by a person with a significant relationship to the child when that 135.11person resides in the child's household or by a sibling, the local welfare agency shall 135.12immediately conduct a family assessment or investigation as identified in clauses (1) to 135.13(4). In conducting a family assessment or investigation, the local welfare agency shall 135.14gather information on the existence of substance abuse and domestic violence and offer 135.15services for purposes of preventing future child maltreatment, safeguarding and enhancing 135.16the welfare of the abused or neglected minor, and supporting and preserving family 135.17life whenever possible. If the report alleges a violation of a criminal statute involving 135.18sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the 135.19local law enforcement agency and local welfare agency shall coordinate the planning and 135.20execution of their respective investigation and assessment efforts to avoid a duplication of 135.21fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of 135.22the results of its investigation. In cases of alleged child maltreatment resulting in death, 135.23the local agency may rely on the fact-finding efforts of a law enforcement investigation 135.24to make a determination of whether or not maltreatment occurred. When necessary the 135.25local welfare agency shall seek authority to remove the child from the custody of a parent, 135.26guardian, or adult with whom the child is living. In performing any of these duties, the 135.27local welfare agency shall maintain appropriate records. 135.28    If the family assessment or investigation indicates there is a potential for abuse of 135.29alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 135.30the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 135.31Rules, part 9530.6615. 135.32    (b) When a local agency receives a report or otherwise has information indicating 135.33that a child who is a client, as defined in section 245.91, has been the subject of physical 135.34abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 135.35245.91 , it shall, in addition to its other duties under this section, immediately inform the 135.36ombudsman established under sections 245.91 to 245.97. The commissioner of education 136.1shall inform the ombudsman established under sections 245.91 to 245.97 of reports 136.2regarding a child defined as a client in section 245.91 that maltreatment occurred at a 136.3school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10. 136.4    (c) Authority of the local welfare agency responsible for assessing or investigating 136.5the child abuse or neglect report, the agency responsible for assessing or investigating 136.6the report, and of the local law enforcement agency for investigating the alleged abuse or 136.7neglect includes, but is not limited to, authority to interview, without parental consent, 136.8the alleged victim and any other minors who currently reside with or who have resided 136.9with the alleged offender. The interview may take place at school or at any facility or 136.10other place where the alleged victim or other minors might be found or the child may be 136.11transported to, and the interview conducted at, a place appropriate for the interview of a 136.12child designated by the local welfare agency or law enforcement agency. The interview 136.13may take place outside the presence of the alleged offender or parent, legal custodian, 136.14guardian, or school official. For family assessments, it is the preferred practice to request 136.15a parent or guardian's permission to interview the child prior to conducting the child 136.16interview, unless doing so would compromise the safety assessment. Except as provided in 136.17this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible 136.18local welfare or law enforcement agency no later than the conclusion of the investigation 136.19or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota 136.20Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte 136.21motion by the local welfare agency, order that, where reasonable cause exists, the agency 136.22withhold notification of this interview from the parent, legal custodian, or guardian. If the 136.23interview took place or is to take place on school property, the order shall specify that 136.24school officials may not disclose to the parent, legal custodian, or guardian the contents 136.25of the notification of intent to interview the child on school property, as provided under 136.26this paragraph, and any other related information regarding the interview that may be a 136.27part of the child's school record. A copy of the order shall be sent by the local welfare or 136.28law enforcement agency to the appropriate school official. 136.29    (d) When the local welfare, local law enforcement agency, or the agency responsible 136.30for assessing or investigating a report of maltreatment determines that an interview should 136.31take place on school property, written notification of intent to interview the child on school 136.32property must be received by school officials prior to the interview. The notification 136.33shall include the name of the child to be interviewed, the purpose of the interview, and 136.34a reference to the statutory authority to conduct an interview on school property. For 136.35interviews conducted by the local welfare agency, the notification shall be signed by the 136.36chair of the local social services agency or the chair's designee. The notification shall be 137.1private data on individuals subject to the provisions of this paragraph. School officials 137.2may not disclose to the parent, legal custodian, or guardian the contents of the notification 137.3or any other related information regarding the interview until notified in writing by the 137.4local welfare or law enforcement agency that the investigation or assessment has been 137.5concluded, unless a school employee or agent is alleged to have maltreated the child. 137.6Until that time, the local welfare or law enforcement agency or the agency responsible 137.7for assessing or investigating a report of maltreatment shall be solely responsible for any 137.8disclosures regarding the nature of the assessment or investigation. 137.9    Except where the alleged offender is believed to be a school official or employee, 137.10the time and place, and manner of the interview on school premises shall be within the 137.11discretion of school officials, but the local welfare or law enforcement agency shall have 137.12the exclusive authority to determine who may attend the interview. The conditions as to 137.13time, place, and manner of the interview set by the school officials shall be reasonable and 137.14the interview shall be conducted not more than 24 hours after the receipt of the notification 137.15unless another time is considered necessary by agreement between the school officials and 137.16the local welfare or law enforcement agency. Where the school fails to comply with the 137.17provisions of this paragraph, the juvenile court may order the school to comply. Every 137.18effort must be made to reduce the disruption of the educational program of the child, other 137.19students, or school staff when an interview is conducted on school premises. 137.20    (e) Where the alleged offender or a person responsible for the care of the alleged 137.21victim or other minor prevents access to the victim or other minor by the local welfare 137.22agency, the juvenile court may order the parents, legal custodian, or guardian to produce 137.23the alleged victim or other minor for questioning by the local welfare agency or the local 137.24law enforcement agency outside the presence of the alleged offender or any person 137.25responsible for the child's care at reasonable places and times as specified by court order. 137.26    (f) Before making an order under paragraph (e), the court shall issue an order to 137.27show cause, either upon its own motion or upon a verified petition, specifying the basis for 137.28the requested interviews and fixing the time and place of the hearing. The order to show 137.29cause shall be served personally and shall be heard in the same manner as provided in 137.30other cases in the juvenile court. The court shall consider the need for appointment of a 137.31guardian ad litem to protect the best interests of the child. If appointed, the guardian ad 137.32litem shall be present at the hearing on the order to show cause. 137.33    (g) The commissioner of human services, the ombudsman for mental health and 137.34developmental disabilities, the local welfare agencies responsible for investigating reports, 137.35the commissioner of education, and the local law enforcement agencies have the right to 137.36enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, 138.1including medical records, as part of the investigation. Notwithstanding the provisions of 138.2chapter 13, they also have the right to inform the facility under investigation that they are 138.3conducting an investigation, to disclose to the facility the names of the individuals under 138.4investigation for abusing or neglecting a child, and to provide the facility with a copy of 138.5the report and the investigative findings. 138.6    (h) The local welfare agency responsible for conducting a family assessment or 138.7investigation shall collect available and relevant information to determine child safety, 138.8risk of subsequent child maltreatment, and family strengths and needs and share not public 138.9information with an Indian's tribal social services agency without violating any law of the 138.10state that may otherwise impose duties of confidentiality on the local welfare agency in 138.11order to implement the tribal state agreement. The local welfare agency or the agency 138.12responsible for investigating the report shall collect available and relevant information 138.13to ascertain whether maltreatment occurred and whether protective services are needed. 138.14Information collected includes, when relevant, information with regard to the person 138.15reporting the alleged maltreatment, including the nature of the reporter's relationship to the 138.16child and to the alleged offender, and the basis of the reporter's knowledge for the report; 138.17the child allegedly being maltreated; the alleged offender; the child's caretaker; and other 138.18collateral sources having relevant information related to the alleged maltreatment. The 138.19local welfare agency or the agency responsible for assessing or investigating the report 138.20may make a determination of no maltreatment early in an assessment new text begin investigation new text end , and 138.21close the case and retain immunity, if the collected information shows no basis for a 138.22full assessment or investigation. 138.23    Information relevant to the assessment or investigation must be asked for, and 138.24may include: 138.25    (1) the child's sex and age, prior reports of maltreatment, information relating 138.26to developmental functioning, credibility of the child's statement, and whether the 138.27information provided under this clause is consistent with other information collected 138.28during the course of the assessment or investigation; 138.29    (2) the alleged offender's age, a record check for prior reports of maltreatment, and 138.30criminal charges and convictions. The local welfare agency or the agency responsible for 138.31assessing or investigating the report must provide the alleged offender with an opportunity 138.32to make a statement. The alleged offender may submit supporting documentation relevant 138.33to the assessment or investigation; 138.34    (3) collateral source information regarding the alleged maltreatment and care of the 138.35child. Collateral information includes, when relevant: (i) a medical examination of the 138.36child; (ii) prior medical records relating to the alleged maltreatment or the care of the 139.1child maintained by any facility, clinic, or health care professional and an interview with 139.2the treating professionals; and (iii) interviews with the child's caretakers, including the 139.3child's parent, guardian, foster parent, child care provider, teachers, counselors, family 139.4members, relatives, and other persons who may have knowledge regarding the alleged 139.5maltreatment and the care of the child; and 139.6    (4) information on the existence of domestic abuse and violence in the home of 139.7the child, and substance abuse. 139.8    Nothing in this paragraph precludes the local welfare agency, the local law 139.9enforcement agency, or the agency responsible for assessing or investigating the report 139.10from collecting other relevant information necessary to conduct the assessment or 139.11investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare 139.12agency has access to medical data and records for purposes of clause (3). Notwithstanding 139.13the data's classification in the possession of any other agency, data acquired by the 139.14local welfare agency or the agency responsible for assessing or investigating the report 139.15during the course of the assessment or investigation are private data on individuals and 139.16must be maintained in accordance with subdivision 11. Data of the commissioner of 139.17education collected or maintained during and for the purpose of an investigation of 139.18alleged maltreatment in a school are governed by this section, notwithstanding the data's 139.19classification as educational, licensing, or personnel data under chapter 13. 139.20    In conducting an assessment or investigation involving a school facility as defined 139.21in subdivision 2, paragraph (i), the commissioner of education shall collect investigative 139.22reports and data that are relevant to a report of maltreatment and are from local law 139.23enforcement and the school facility. 139.24    (i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face 139.25contact with the child reported to be maltreated and with the child's primary caregiver 139.26sufficient to complete a safety assessment and ensure the immediate safety of the child. 139.27The face-to-face contact with the child and primary caregiver shall occur immediately 139.28if substantial child endangerment is alleged and within five calendar days for all other 139.29reports. If the alleged offender was not already interviewed as the primary caregiver, the 139.30local welfare agency shall also conduct a face-to-face interview with the alleged offender 139.31in the early stages of the assessment or investigation. At the initial contact, the local child 139.32welfare agency or the agency responsible for assessing or investigating the report must 139.33inform the alleged offender of the complaints or allegations made against the individual in 139.34a manner consistent with laws protecting the rights of the person who made the report. 139.35The interview with the alleged offender may be postponed if it would jeopardize an active 139.36law enforcement investigation. 140.1    (j) When conducting an investigation, the local welfare agency shall use a question 140.2and answer interviewing format with questioning as nondirective as possible to elicit 140.3spontaneous responses. For investigations only, the following interviewing methods and 140.4procedures must be used whenever possible when collecting information: 140.5    (1) audio recordings of all interviews with witnesses and collateral sources; and 140.6    (2) in cases of alleged sexual abuse, audio-video recordings of each interview with 140.7the alleged victim and child witnesses. 140.8    (k) In conducting an assessment or investigation involving a school facility as 140.9defined in subdivision 2, paragraph (i), the commissioner of education shall collect 140.10available and relevant information and use the procedures in paragraphs (i), (k), and 140.11subdivision 3d, except that the requirement for face-to-face observation of the child 140.12and face-to-face interview of the alleged offender is to occur in the initial stages of the 140.13assessment or investigation provided that the commissioner may also base the assessment 140.14or investigation on investigative reports and data received from the school facility and 140.15local law enforcement, to the extent those investigations satisfy the requirements of 140.16paragraphs (i) and (k), and subdivision 3d. 140.17    Sec. 9. Minnesota Statutes 2010, section 626.556, subdivision 10e, is amended to read: 140.18    Subd. 10e. Determinations. (a) The local welfare agency shall conclude the family 140.19assessment or the investigation within 45 days of the receipt of a report. The conclusion of 140.20the assessment or investigation may be extended to permit the completion of a criminal 140.21investigation or the receipt of expert information requested within 45 days of the receipt 140.22of the report. 140.23    (b) After conducting a family assessment, the local welfare agency shall determine 140.24whether services are needed to address the safety of the child and other family members 140.25and the risk of subsequent maltreatment. 140.26    (c) After conducting an investigation, the local welfare agency shall make two 140.27determinations: first, whether maltreatment has occurred; and new text begin , new text end second, whether child 140.28protective services are needed. new text begin No determination of maltreatment shall be made when the new text end 140.29 new text begin alleged perpetrator is a child under the age of ten. new text end 140.30    (d) If the commissioner of education conducts an assessment or investigation, 140.31the commissioner shall determine whether maltreatment occurred and what corrective 140.32or protective action was taken by the school facility. If a determination is made that 140.33maltreatment has occurred, the commissioner shall report to the employer, the school 140.34board, and any appropriate licensing entity the determination that maltreatment occurred 140.35and what corrective or protective action was taken by the school facility. In all other cases, 141.1the commissioner shall inform the school board or employer that a report was received, 141.2the subject of the report, the date of the initial report, the category of maltreatment alleged 141.3as defined in paragraph (f), the fact that maltreatment was not determined, and a summary 141.4of the specific reasons for the determination. 141.5    (e) When maltreatment is determined in an investigation involving a facility, 141.6the investigating agency shall also determine whether the facility or individual was 141.7responsible, or whether both the facility and the individual were responsible for the 141.8maltreatment using the mitigating factors in paragraph (i). Determinations under this 141.9subdivision must be made based on a preponderance of the evidence and are private data 141.10on individuals or nonpublic data as maintained by the commissioner of education. 141.11    (f) For the purposes of this subdivision, "maltreatment" means any of the following 141.12acts or omissions: 141.13    (1) physical abuse as defined in subdivision 2, paragraph (g); 141.14    (2) neglect as defined in subdivision 2, paragraph (f); 141.15    (3) sexual abuse as defined in subdivision 2, paragraph (d); 141.16    (4) mental injury as defined in subdivision 2, paragraph (m); or 141.17    (5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i). 141.18    (g) For the purposes of this subdivision, a determination that child protective 141.19services are needed means that the local welfare agency has documented conditions 141.20during the assessment or investigation sufficient to cause a child protection worker, as 141.21defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of 141.22maltreatment if protective intervention is not provided and that the individuals responsible 141.23for the child's care have not taken or are not likely to take actions to protect the child 141.24from maltreatment or risk of maltreatment. 141.25    (h) This subdivision does not mean that maltreatment has occurred solely because 141.26the child's parent, guardian, or other person responsible for the child's care in good faith 141.27selects and depends upon spiritual means or prayer for treatment or care of disease 141.28or remedial care of the child, in lieu of medical care. However, if lack of medical care 141.29may result in serious danger to the child's health, the local welfare agency may ensure 141.30that necessary medical services are provided to the child. 141.31    (i) When determining whether the facility or individual is the responsible party, or 141.32whether both the facility and the individual are responsible for determined maltreatment in 141.33a facility, the investigating agency shall consider at least the following mitigating factors: 141.34    (1) whether the actions of the facility or the individual caregivers were according to, 141.35and followed the terms of, an erroneous physician order, prescription, individual care plan, 141.36or directive; however, this is not a mitigating factor when the facility or caregiver was 142.1responsible for the issuance of the erroneous order, prescription, individual care plan, or 142.2directive or knew or should have known of the errors and took no reasonable measures to 142.3correct the defect before administering care; 142.4    (2) comparative responsibility between the facility, other caregivers, and 142.5requirements placed upon an employee, including the facility's compliance with related 142.6regulatory standards and the adequacy of facility policies and procedures, facility training, 142.7an individual's participation in the training, the caregiver's supervision, and facility staffing 142.8levels and the scope of the individual employee's authority and discretion; and 142.9    (3) whether the facility or individual followed professional standards in exercising 142.10professional judgment. 142.11The evaluation of the facility's responsibility under clause (2) must not be based on the 142.12completeness of the risk assessment or risk reduction plan required under section 245A.66, 142.13but must be based on the facility's compliance with the regulatory standards for policies 142.14and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota 142.15Rules. 142.16    (j) Notwithstanding paragraph (i), when maltreatment is determined to have been 142.17committed by an individual who is also the facility license holder, both the individual and 142.18the facility must be determined responsible for the maltreatment, and both the background 142.19study disqualification standards under section 245C.15, subdivision 4, and the licensing 142.20actions under sections 245A.06 or 245A.07 apply. 142.21(k) Individual counties may implement more detailed definitions or criteria that 142.22indicate which allegations to investigate, as long as a county's policies are consistent 142.23with the definitions in the statutes and rules and are approved by the county board. Each 142.24local welfare agency shall periodically inform mandated reporters under subdivision 3 142.25who work in the county of the definitions of maltreatment in the statutes and rules and any 142.26additional definitions or criteria that have been approved by the county board. 142.27    Sec. 10. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read: 142.28    Subd. 10f. Notice of determinations. Within ten working days of the conclusion 142.29of a family assessment, the local welfare agency shall notify the parent or guardian 142.30of the child of the need for services to address child safety concerns or significant risk 142.31of subsequent child maltreatment. The local welfare agency and the family may also 142.32jointly agree that family support and family preservation services are needed. Within ten 142.33working days of the conclusion of an investigation, the local welfare agency or agency 142.34responsible for assessing or investigating the report shall notify the parent or guardian 142.35of the child, the person determined to be maltreating the child, and if applicable, the 143.1director of the facility, of the determination and a summary of the specific reasons for 143.2the determination. When the investigation involves a child foster care setting that is 143.3monitored by a private licensing agency under section 245A.16, the local welfare agency 143.4responsible for assessing or investigating the report shall notify the private licensing 143.5agency of the determination and shall provide a summary of the specific reasons for 143.6the determination. The notice to the private licensing agency must include identifying 143.7private data, but not the identity of the reporter of maltreatment. The notice must also 143.8include a certification that the information collection procedures under subdivision 10, 143.9paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to 143.10obtain access to other private data on the subject collected, created, or maintained under 143.11this section. In addition, the notice shall include the length of time that the records will be 143.12kept under subdivision 11c. The investigating agency shall notify the parent or guardian 143.13of the child who is the subject of the report, and any person or facility determined to 143.14have maltreated a child, of their appeal or review rights under this section or section 143.15256.022 . The notice must also state that a finding of maltreatment may result in denial of a 143.16license application or background study disqualification under chapter 245C related to 143.17employment or services that are licensed by the Department of Human Services under 143.18chapter 245A, the Department of Health under chapter 144 or 144A, the Department of 143.19Corrections under section 241.021, and from providing services related to an unlicensed 143.20personal care provider organization under chapter 256B. 143.21    Sec. 11. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read: 143.22    Subd. 10i. Administrative reconsideration; review panel. (a) Administrative 143.23reconsideration is not applicable in family assessments since no determination concerning 143.24maltreatment is made. For investigations, except as provided under paragraph (e), an 143.25individual or facility that the commissioner of human services, a local social service 143.26agency, or the commissioner of education determines has maltreated a child, an interested 143.27person acting on behalf of the child, regardless of the determination, who contests 143.28the investigating agency's final determination regarding maltreatment, may request the 143.29investigating agency to reconsider its final determination regarding maltreatment. The 143.30request for reconsideration must be submitted in writing to the investigating agency within 143.3115 calendar days after receipt of notice of the final determination regarding maltreatment 143.32or, if the request is made by an interested person who is not entitled to notice, within 143.3315 days after receipt of the notice by the parent or guardian of the child. If mailed, the 143.34request for reconsideration must be postmarked and sent to the investigating agency 143.35within 15 calendar days of the individual's or facility's receipt of the final determination. If 144.1the request for reconsideration is made by personal service, it must be received by the 144.2investigating agency within 15 calendar days after the individual's or facility's receipt of the 144.3final determination. Effective January 1, 2002, an individual who was determined to have 144.4maltreated a child under this section and who was disqualified on the basis of serious or 144.5recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration 144.6of the maltreatment determination and the disqualification. The request for reconsideration 144.7of the maltreatment determination and the disqualification must be submitted within 30 144.8calendar days of the individual's receipt of the notice of disqualification under sections 144.9245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment 144.10determination and the disqualification must be postmarked and sent to the investigating 144.11agency within 30 calendar days of the individual's receipt of the maltreatment 144.12determination and notice of disqualification. If the request for reconsideration is made by 144.13personal service, it must be received by the investigating agency within 30 calendar days 144.14after the individual's receipt of the notice of disqualification. 144.15    (b) Except as provided under paragraphs (e) and (f), if the investigating agency 144.16denies the request or fails to act upon the request within 15 working days after receiving 144.17the request for reconsideration, the person or facility entitled to a fair hearing under 144.18section 256.045 may submit to the commissioner of human services or the commissioner 144.19of education a written request for a hearing under that section. Section 256.045 also 144.20governs hearings requested to contest a final determination of the commissioner of 144.21education. For reports involving maltreatment of a child in a facility, an interested person 144.22acting on behalf of the child may request a review by the Child Maltreatment Review 144.23Panel under section if the investigating agency denies the request or fails to act 144.24upon the request or if the interested person contests a reconsidered determination. The 144.25investigating agency shall notify persons who request reconsideration of their rights under 144.26this paragraph. The request must be submitted in writing to the review panel and a copy 144.27sent to the investigating agency within 30 calendar days of receipt of notice of a denial 144.28of a request for reconsideration or of a reconsidered determination. The request must 144.29specifically identify the aspects of the agency determination with which the person is 144.30dissatisfied. new text begin The hearings specified under this section are the only administrative appeal of new text end 144.31 new text begin a decision issued under paragraph (a). Determinations under this section are not subject to new text end 144.32 new text begin accuracy and completeness challenges under section 13.04. new text end 144.33    (c) If, as a result of a reconsideration or review, the investigating agency changes 144.34the final determination of maltreatment, that agency shall notify the parties specified in 144.35subdivisions 10b, 10d, and 10f. 145.1    (d) Except as provided under paragraph (f), if an individual or facility contests the 145.2investigating agency's final determination regarding maltreatment by requesting a fair 145.3hearing under section 256.045, the commissioner of human services shall assure that the 145.4hearing is conducted and a decision is reached within 90 days of receipt of the request for 145.5a hearing. The time for action on the decision may be extended for as many days as the 145.6hearing is postponed or the record is held open for the benefit of either party. 145.7    (e) If an individual was disqualified under sections 245C.14 and 245C.15, on 145.8the basis of a determination of maltreatment, which was serious or recurring, and 145.9the individual has requested reconsideration of the maltreatment determination under 145.10paragraph (a) and requested reconsideration of the disqualification under sections 245C.21 145.11to 245C.27, reconsideration of the maltreatment determination and reconsideration of the 145.12disqualification shall be consolidated into a single reconsideration. If reconsideration 145.13of the maltreatment determination is denied and the individual remains disqualified 145.14following a reconsideration decision, the individual may request a fair hearing under 145.15section 256.045. If an individual requests a fair hearing on the maltreatment determination 145.16and the disqualification, the scope of the fair hearing shall include both the maltreatment 145.17determination and the disqualification. 145.18    (f) If a maltreatment determination or a disqualification based on serious or recurring 145.19maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 145.20sanction under section 245A.07, the license holder has the right to a contested case hearing 145.21under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 145.22under section 245A.08, subdivision 2a, the scope of the contested case hearing shall 145.23include the maltreatment determination, disqualification, and licensing sanction or denial 145.24of a license. In such cases, a fair hearing regarding the maltreatment determination and 145.25disqualification shall not be conducted under section 256.045. Except for family child 145.26care and child foster care, reconsideration of a maltreatment determination as provided 145.27under this subdivision, and reconsideration of a disqualification as provided under section 145.28245C.22 , shall also not be conducted when: 145.29    (1) a denial of a license under section 245A.05 or a licensing sanction under section 145.30245A.07 , is based on a determination that the license holder is responsible for maltreatment 145.31or the disqualification of a license holder based on serious or recurring maltreatment; 145.32    (2) the denial of a license or licensing sanction is issued at the same time as the 145.33maltreatment determination or disqualification; and 145.34    (3) the license holder appeals the maltreatment determination or disqualification, and 145.35denial of a license or licensing sanction. 146.1    Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 146.2determination or disqualification, but does not appeal the denial of a license or a licensing 146.3sanction, reconsideration of the maltreatment determination shall be conducted under 146.4sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 146.5disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 146.6shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 146.7626.557, subdivision 9d . 146.8    If the disqualified subject is an individual other than the license holder and upon 146.9whom a background study must be conducted under chapter 245C, the hearings of all 146.10parties may be consolidated into a single contested case hearing upon consent of all parties 146.11and the administrative law judge. 146.12    (g) For purposes of this subdivision, "interested person acting on behalf of the 146.13child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult 146.14stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been 146.15determined to be the perpetrator of the maltreatment. 146.16    Sec. 12. Minnesota Statutes 2010, section 626.556, subdivision 10k, is amended to 146.17read: 146.18    Subd. 10k. Release of certain new text begin assessment or new text end investigative records to other 146.19counties. Records maintained under subdivision 11c, paragraph (a), may be shared with 146.20another local welfare agency that requests the information because it is conducting an new text begin new text end 146.21 new text begin assessment or new text end investigation under this section of the subject of the records. 146.22    Sec. 13. new text begin REVISOR'S INSTRUCTION. new text end 146.23 new text begin (a) The revisor of statutes shall renumber each section of Minnesota Statutes listed new text end 146.24 new text begin in column A with the number listed in column B. new text end 146.25 new text begin Column A new text end new text begin Column B new text end 146.26 new text begin 259.69 new text end new text begin 259A.05, subd. 5 new text end 146.27 new text begin 260C.217 new text end new text begin 260C.139 new text end 146.28 new text begin 260C.501 new text end new text begin 260C.177 new text end 146.29 new text begin 260C.201, subd. 10 new text end new text begin 260C.202 new text end 146.30 new text begin 260C.212, subd. 7 new text end new text begin 260C.203 new text end 146.31 new text begin 260C.201, subd. 11a new text end new text begin 260C.204 new text end 146.32 new text begin 260C.212, subd. 4 new text end new text begin 260C.219 new text end 146.33 new text begin 260C.212, subd. 5 new text end new text begin 260C.221 new text end 146.34 new text begin 260C.213 new text end new text begin 260C.223 new text end 146.35 new text begin 260C.206 new text end new text begin 260C.225 new text end 146.36 new text begin 260C.212, subd. 8 new text end new text begin 260C.227 new text end 147.1 new text begin 260C.212, subd. 6 new text end new text begin 260C.521, subd. 4 new text end 147.2 new text begin 260C.205 new text end new text begin 260D.11 new text end 147.3 new text begin (b) The revisor of statutes shall make necessary cross-reference changes in new text end 147.4 new text begin Minnesota Statutes and Minnesota Rules consistent with the numbering in articles 1 and new text end 147.5 new text begin 2 and the renumbering in paragraph (a). new text end 147.6    Sec. 14. new text begin REPEALER. new text end 147.7 new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 256.022; 259.67; 259.71; 260C.201, new text end 147.8 new text begin subdivision 11; 260C.215, subdivision 2; and 260C.456, new text end new text begin are repealed. new text end 147.9 new text begin (b) new text end new text begin Minnesota Rules, parts 9560.0071; 9560.0082; 9560.0083; 9560.0091; new text end 147.10 new text begin 9560.0093, subparts 1, 3, and 4; 9560.0101; and 9560.0102, new text end new text begin are repealed. new text end 147.11    Sec. 15. new text begin EFFECTIVE DATE. new text end 147.12 new text begin This article is effective August 1, 2012. new text end 147.13ARTICLE 7 147.14CHILD CARE 147.15    Section 1. Minnesota Statutes 2010, section 119B.09, subdivision 7, is amended to read: 147.16    Subd. 7. Date of eligibility for assistance. (a) The date of eligibility for child care 147.17assistance under this chapter is the later of the date the application was signed new text begin received by new text end 147.18 new text begin the county new text end ; the beginning date of employment, education, or training; the date the infant is 147.19born for applicants to the at-home infant care program; or the date a determination has 147.20been made that the applicant is a participant in employment and training services under 147.21Minnesota Rules, part 3400.0080, or chapter 256J. 147.22    (b) Payment ceases for a family under the at-home infant child care program when a 147.23family has used a total of 12 months of assistance as specified under section 119B.035. 147.24Payment of child care assistance for employed persons on MFIP is effective the date of 147.25employment or the date of MFIP eligibility, whichever is later. Payment of child care 147.26assistance for MFIP or DWP participants in employment and training services is effective 147.27the date of commencement of the services or the date of MFIP or DWP eligibility, 147.28whichever is later. Payment of child care assistance for transition year child care must be 147.29made retroactive to the date of eligibility for transition year child care. 147.30(c) Notwithstanding paragraph (b), payment of child care assistance for participants 147.31eligible under section 119B.05 may only be made retroactive for a maximum of six 147.32months from the date of application for child care assistance. 148.1    Sec. 2. Minnesota Statutes 2010, section 119B.12, subdivision 1, is amended to read: 148.2    Subdivision 1. Fee schedule. All changes to parent fees must be implemented on 148.3the first Monday of the service period following the effective date of the change. 148.4    PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted 148.5in subdivision 2: 148.6 148.7 148.8 Income Range (as a percent of the state median income, except at the start of the first tier) Co-payment (as a percentage of adjusted gross income) 148.9 0-74.99% of federal poverty guidelines $0/month new text begin biweekly new text end 148.10 75.00-99.99% of federal poverty guidelines $5/month new text begin $2/biweekly new text end 148.11 148.12 100.00% of federal poverty guidelines-27.72% 2.61% 148.13 27.73-29.04% 2.61% 148.14 29.05-30.36% 2.61% 148.15 30.37-31.68% 2.61% 148.16 31.69-33.00% 2.91% 148.17 33.01-34.32% 2.91% 148.18 34.33-35.65% 2.91% 148.19 35.66-36.96% 2.91% 148.20 36.97-38.29% 3.21% 148.21 38.30-39.61% 3.21% 148.22 39.62-40.93% 3.21% 148.23 40.94-42.25% 3.84% 148.24 42.26-43.57% 3.84% 148.25 43.58-44.89% 4.46% 148.26 44.90-46.21% 4.76% 148.27 46.22-47.53% 5.05% 148.28 47.54-48.85% 5.65% 148.29 48.86-50.17% 5.95% 148.30 50.18-51.49% 6.24% 148.31 51.50-52.81% 6.84% 148.32 52.82-54.13% 7.58% 148.33 54.14-55.45% 8.33% 148.34 55.46-56.77% 9.20% 148.35 56.78-58.09% 10.07% 148.36 58.10-59.41% 10.94% 148.37 59.42-60.73% 11.55% 148.38 60.74-62.06% 12.16% 148.39 62.07-63.38% 12.77% 148.40 63.39-64.70% 13.38% 148.41 64.71-66.99 new text begin 67.00 new text end % 14.00% 148.42 new text begin Greater than new text end 67.00% ineligible 149.1    A family's monthly new text begin biweekly new text end co-payment fee is the fixed percentage established for 149.2the income range multiplied by the highest possible income within that income range. 149.3    Sec. 3. Minnesota Statutes 2010, section 119B.12, subdivision 2, is amended to read: 149.4    Subd. 2. Parent fee. A family must be assessed a parent fee for each service period. 149.5A family's parent fee must be a fixed percentage of its annual gross income. Parent fees 149.6must apply to families eligible for child care assistance under sections 119B.03 and 149.7119B.05 . Income must be as defined in section 119B.011, subdivision 15. The fixed 149.8percent is based on the relationship of the family's annual gross income to 100 percent 149.9of the annual state median income. Parent fees must begin at 75 percent of the poverty 149.10level. The minimum parent fees for families between 75 percent and 100 percent of 149.11poverty level must be $5 per month new text begin $2 per biweekly period new text end . Parent fees must provide 149.12for graduated movement to full payment. Payment of part or all of a family's parent 149.13fee directly to the family's child care provider on behalf of the family by a source other 149.14than the family shall not affect the family's eligibility for child care assistance, and the 149.15amount paid shall be excluded from the family's income. Child care providers who accept 149.16third-party payments must maintain family specific documentation of payment source, 149.17amount, and time period covered by the payment. 149.18    Sec. 4. Minnesota Statutes 2010, section 119B.125, subdivision 1a, is amended to read: 149.19    Subd. 1a. Background study required. This subdivision only applies to legal, 149.20nonlicensed family child care providers. Prior to authorization, and as part of each 149.21reauthorization required in subdivision 1, the county shall perform a background study on 149.22every member of the provider's household who is age 13 and older. The background study 149.23shall be conducted according to the procedures under subdivision 2. new text begin The county shall also new text end 149.24 new text begin perform a background study on an individual who has reached age ten but is not yet age new text end 149.25 new text begin 13 and is living in the household where the nonlicensed child care will be provided when new text end 149.26 new text begin the county has reasonable cause as defined under section 245C.02, subdivision 15. new text end 149.27    Sec. 5. Minnesota Statutes 2010, section 119B.125, subdivision 2, is amended to read: 149.28    Subd. 2. Persons who cannot be authorized. (a) When any member of the 149.29legal, nonlicensed family child care provider's household meets any of the conditions 149.30under paragraphs (b) to (n), the provider must not be authorized as a legal nonlicensed 149.31family child care provider. To determine whether any of the listed conditions exist, the 149.32county must request information about the provider and other household members for 149.33whom a background study is required under subdivision 1a from the Bureau of Criminal 150.1Apprehension, the juvenile courts, and social service agencies. When one of the listed 150.2entities does not maintain information on a statewide basis, the county must contact 150.3the entity in the county where the provider resides and any other county in which the 150.4provider or any household member previously resided in the past year. For purposes of 150.5this subdivision, a finding that a delinquency petition is proven in juvenile court must be 150.6considered a conviction in state district court. new text begin The provider seeking authorization under new text end 150.7 new text begin this section shall collect the information required under section 245C.05, subdivision 1, new text end 150.8 new text begin and forward the information to the county agency. The background study must include new text end 150.9 new text begin a review of the information required under section 245C.08, subdivisions 2, 3, and 4, new text end 150.10 new text begin paragraph (b). A nonlicensed family child care provider is not authorized under this new text end 150.11 new text begin section if any household member who is the subject of a background study is determined new text end 150.12 new text begin to have a disqualifying characteristic under paragraphs (b) to (e) or under section 245C.14 new text end 150.13 new text begin or 245C.15. new text end If a county has determined that a provider is able to be authorized in that 150.14county, and a family in another county later selects that provider, the provider is able to 150.15be authorized in the second county without undergoing a new background investigation 150.16unless one of the following conditions exists: 150.17    (1) two years have passed since the first authorization; 150.18    (2) another person age 13 or older has joined the provider's household since the 150.19last authorization; 150.20    (3) a current household member has turned 13 since the last authorization; or 150.21    (4) there is reason to believe that a household member has a factor that prevents 150.22authorization. 150.23    (b) The person has been convicted of one of the following offenses or has admitted to 150.24committing or a preponderance of the evidence indicates that the person has committed an 150.25act that meets the definition of one of the following offenses: sections to , 150.26murder in the first, second, or third degree; to , murder of an unborn 150.27child in the first, second, or third degree; , solicitation, inducement, promotion 150.28of prostitution, or receiving profit from prostitution; to , criminal sexual 150.29conduct in the first, second, third, or fourth degree; , solicitation of children to 150.30engage in sexual conduct; , incest; , felony malicious punishment of a 150.31child; , use of minors in sexual performance; , possession of pictorial 150.32representation of a minor; to , felony domestic assault; a felony offense 150.33of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime 150.34against children; or an attempt or conspiracy to commit any of these offenses as defined in 150.35Minnesota Statutes; or an offense in any other state or country where the elements are 150.36substantially similar to any of the offenses listed in this paragraph. 151.1    (c) Less than 15 years have passed since the discharge of the sentence imposed for 151.2the offense and the person has received a felony conviction for one of the following 151.3offenses, or the person has admitted to committing or a preponderance of the evidence 151.4indicates that the person has committed an act that meets the definition of a felony 151.5conviction for one of the following offenses: sections to , manslaughter 151.6in the first or second degree; , criminal vehicular homicide; , aiding 151.7suicide or aiding attempted suicide; to , assault in the first, second, 151.8third, or fourth degree; , repeat offenses of fifth-degree assault; , great 151.9bodily harm caused by distribution of drugs; , criminal abuse of a vulnerable 151.10adult; , financial exploitation of a vulnerable adult; , use of drugs to 151.11injure or facilitate a crime; , simple robbery; , repeat offenses of obscene 151.12materials and performances; , aggravated robbery; , kidnapping; , 151.13false imprisonment; to , manslaughter of an unborn child in the first or 151.14second degree; to , assault of an unborn child in the first, second, or third 151.15degree; , injury or death of an unborn child in the commission of a crime; , 151.16coercion; , attempt to coerce; 609.324, subdivision 1, other prohibited acts, minor 151.17engaged in prostitution; , repeat offenses of criminal sexual conduct in the fifth 151.18degree; , neglect or endangerment of a child; , theft; , possession of 151.19shoplifting gear; to , arson in the first, second, or third degree; , 151.20burglary in the first, second, third, or fourth degree; , aggravated forgery; , 151.21forgery; , check forgery, offering a forged check; , obtaining signature 151.22by false pretenses; , dangerous weapon; , setting a spring gun; , 151.23unlawfully owning, possessing, or operating a machine gun; , adulteration; , 151.24riot; , terrorist threats; , stalking; , termination of parental rights; 151.25 to and , controlled substance crime in the first or second degree; 151.26152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2, clause (4), controlled 151.27substance crime in third degree; 152.024, subdivision 1, clause (2), (3), or (4), controlled 151.28substance crime in fourth degree; , repeat offenses of indecent exposure; an attempt 151.29or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or an 151.30offense in any other state or country where the elements are substantially similar to any of 151.31the offenses listed in this paragraph. 151.32    (d) Less than ten years have passed since the discharge of the sentence imposed for 151.33the offense and the person has received a gross misdemeanor conviction for one of the 151.34following offenses or the person has admitted to committing or a preponderance of the 151.35evidence indicates that the person has committed an act that meets the definition of a gross 151.36misdemeanor conviction for one of the following offenses: sections , fifth-degree 152.1assault; to , domestic assault; 518B.01, subdivision 14, violation of 152.2an order for protection; , fifth-degree criminal sexual conduct; , repeat 152.3offenses of interference with privacy; , repeat offenses of indecent exposure; 152.4, obscene materials and performances; , indecent literature, distribution; 152.5, disseminating or displaying harmful material to minors; , riot; , 152.6dangerous weapons; , stalking; 609.224, subdivision 2, paragraph (c), fifth-degree 152.7assault against a vulnerable adult by a caregiver; , mistreatment of persons 152.8confined; , mistreatment of residents or patients; , criminal abuse of a 152.9vulnerable adult; , financial exploitation of a vulnerable adult; , criminal 152.10neglect of a vulnerable adult; , failure to report maltreatment of a vulnerable adult; 152.11609.72, subdivision 3, disorderly conduct against a vulnerable adult; , abduction; 152.12, neglect or endangerment of a child; , malicious punishment of a child; 152.13609.324, subdivision 1a, other prohibited acts, minor engaged in prostitution; , 152.14disorderly house; , theft; , burglary in the first, second, third, or fourth 152.15degree; , check forgery, offering a forged check; , attempt to coerce; an 152.16attempt or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or 152.17an offense in any other state or country where the elements are substantially similar to 152.18any of the offenses listed in this paragraph. 152.19    (e) Less than seven years have passed since the discharge of the sentence imposed 152.20for the offense and the person has received a misdemeanor conviction for one of the 152.21following offenses or the person has admitted to committing or a preponderance of the 152.22evidence indicates that the person has committed an act that meets the definition of a 152.23misdemeanor conviction for one of the following offenses: sections , fifth-degree 152.24assault; , domestic assault; , violation of an order for protection; 152.25, violation of an order for protection; , interference with privacy; , 152.26obscene or harassing telephone calls; , letter, telegram, or package opening, 152.27harassment; , indecent exposure; , assault of an unborn child, third degree; 152.28, dissemination and display of harmful materials to minors; , dangerous 152.29weapons; , spring guns; an attempt or conspiracy to commit any of these offenses 152.30as defined in Minnesota Statutes; or an offense in any other state or country where the 152.31elements are substantially similar to any of the offenses listed in this paragraph. 152.32    (f) The person has been identified by the child protection agency in the county where 152.33the provider resides or a county where the provider has resided or by the statewide child 152.34protection database as a person found by a preponderance of evidence under section 152.35 to be responsible for physical or sexual abuse of a child within the last seven years. 153.1    (g) The person has been identified by the adult protection agency in the county 153.2where the provider resides or a county where the provider has resided or by the statewide 153.3adult protection database as the person responsible for abuse or neglect of a vulnerable 153.4adult within the last seven years. 153.5    (h) new text begin (b) new text end The person has refused to give written consent for disclosure of criminal 153.6history records. 153.7    (i) new text begin (c) new text end The person has been denied a family child care license or has received a fine 153.8or a sanction as a licensed child care provider that has not been reversed on appeal. 153.9    (j) new text begin (d) new text end The person has a family child care licensing disqualification that has not 153.10been set aside. 153.11    (k) new text begin (e) new text end The person has admitted or a county has found that there is a preponderance 153.12of evidence that fraudulent information was given to the county for child care assistance 153.13application purposes or was used in submitting child care assistance bills for payment. 153.14    (l) The person has been convicted of the crime of theft by wrongfully obtaining 153.15public assistance or has been found guilty of wrongfully obtaining public assistance by a 153.16federal court, state court, or an administrative hearing determination or waiver, through a 153.17disqualification consent agreement, as part of an approved diversion plan under section 153.18, or a court-ordered stay with probationary or other conditions. 153.19    (m) The person has a household member age 13 or older who has access to children 153.20during the hours that care is provided and who meets one of the conditions listed in 153.21paragraphs (b) to (l). 153.22    (n) The person has a household member ages ten to 12 who has access to children 153.23during the hours that care is provided; information or circumstances exist which provide 153.24the county with articulable suspicion that further pertinent information may exist showing 153.25the household member meets one of the conditions listed in paragraphs (b) to (l); and the 153.26household member actually meets one of the conditions listed in paragraphs (b) to (l). 153.27    Sec. 6. Minnesota Statutes 2010, section 119B.125, subdivision 6, is amended to read: 153.28    Subd. 6. Record-keeping requirement. All providers new text begin receiving child care new text end 153.29 new text begin assistance payments new text end must keep daily attendance records for children receiving child care 153.30assistance and must make those records available immediately to the county upon request. 153.31 new text begin The attendance records must be completed daily and include the date, the first and last new text end 153.32 new text begin name of each child in attendance, and the times when each child is dropped off and picked new text end 153.33 new text begin up. To the extent possible, the times that the child was dropped off to and picked up from new text end 153.34 new text begin the child care provider must be entered by the person dropping off or picking up the child. new text end 153.35The daily attendance records must be retained for six years after the date of service. 154.1A county may deny authorization as a child care provider to any applicant or rescind 154.2authorization of any provider when the county knows or has reason to believe that the 154.3provider has not complied with the record-keeping requirement in this subdivision. 154.4    Sec. 7. Minnesota Statutes 2011 Supplement, section 119B.13, subdivision 1, is 154.5amended to read: 154.6    Subdivision 1. Subsidy restrictions. (a) Beginning October 31, 2011, the maximum 154.7rate paid for child care assistance in any county or multicounty region under the child care 154.8fund shall be the rate for like-care arrangements in the county effective July 1, 2006, 154.9decreased by 2.5 percent. 154.10    (b) Every year new text begin Biennially beginning in 2012 new text end , the commissioner shall survey rates 154.11charged by child care providers in Minnesota to determine the 75th percentile for 154.12like-care arrangements in counties. When the commissioner determines that, using the 154.13commissioner's established protocol, the number of providers responding to the survey is 154.14too small to determine the 75th percentile rate for like-care arrangements in a county or 154.15multicounty region, the commissioner may establish the 75th percentile maximum rate 154.16based on like-care arrangements in a county, region, or category that the commissioner 154.17deems to be similar. 154.18    (c) A rate which includes a special needs rate paid under subdivision 3 or under a 154.19school readiness service agreement paid under section 119B.231, may be in excess of the 154.20maximum rate allowed under this subdivision. 154.21    (d) The department shall monitor the effect of this paragraph on provider rates. The 154.22county shall pay the provider's full charges for every child in care up to the maximum 154.23established. The commissioner shall determine the maximum rate for each type of care 154.24on an hourly, full-day, and weekly basis, including special needs and disability care. The 154.25maximum payment to a provider for one day of care must not exceed the daily rate. The 154.26maximum payment to a provider for one week of care must not exceed the weekly rate. 154.27(e) Child care providers receiving reimbursement under this chapter must not be 154.28paid activity fees or an additional amount above the maximum rates for care provided 154.29during nonstandard hours for families receiving assistance. 154.30    (f) When the provider charge is greater than the maximum provider rate allowed, 154.31the parent is responsible for payment of the difference in the rates in addition to any 154.32family co-payment fee. 154.33    (g) All maximum provider rates changes shall be implemented on the Monday 154.34following the effective date of the maximum provider rate. 155.1    Sec. 8. Minnesota Statutes 2010, section 119B.13, subdivision 6, is amended to read: 155.2    Subd. 6. Provider payments. (a) The provider shall bill for services provided 155.3within ten days of the end of the service period. If bills are submitted within ten days of 155.4the end of the service period, payments under the child care fund shall be made within 30 155.5days of receiving a bill from the provider. Counties or the state may establish policies that 155.6make payments on a more frequent basis. 155.7(b) If a provider has received an authorization of care and been issued a billing form 155.8for an eligible family, the bill must be submitted within 60 days of the last date of service 155.9on the bill. A bill submitted more than 60 days after the last date of service must be 155.10paid if the county determines that the provider has shown good cause why the bill was 155.11not submitted within 60 days. Good cause must be defined in the county's child care 155.12fund plan under section 119B.08, subdivision 3, and the definition of good cause must 155.13include county error. Any bill submitted more than a year after the last date of service on 155.14the bill must not be paid. 155.15(c) If a provider provided care for a time period without receiving an authorization 155.16of care and a billing form for an eligible family, payment of child care assistance may only 155.17be made retroactively for a maximum of six months from the date the provider is issued 155.18an authorization of care and billing form. 155.19(d) A county may new text begin refuse to issue a child care authorization to a licensed or legal new text end 155.20 new text begin nonlicensed provider, revoke an existing child care authorization to a licensed or legal new text end 155.21 new text begin nonlicensed provider, new text end stop payment issued to a new text begin licensed or legal nonlicensed new text end provider new text begin , new text end or 155.22may refuse to pay a bill submitted by a new text begin licensed or legal nonlicensed new text end provider if: 155.23(1) the provider admits to intentionally giving the county materially false information 155.24on the provider's billing forms; or 155.25(2) a county finds by a preponderance of the evidence that the provider intentionally 155.26gave the county materially false information on the provider's billing forms. new text begin ; new text end 155.27 new text begin (3) the provider is in violation of licensing or child care assistance program rules and new text end 155.28 new text begin the provider has not corrected the violation; new text end 155.29 new text begin (4) the provider submits false attendance reports or refuses to provide documentation new text end 155.30 new text begin of the child's attendance upon request; or new text end 155.31 new text begin (5) the provider gives false child care price information. new text end 155.32(e) A county's payment policies must be included in the county's child care plan 155.33under section 119B.08, subdivision 3. If payments are made by the state, in addition to 155.34being in compliance with this subdivision, the payments must be made in compliance 155.35with section 16A.124. 156.1    Sec. 9. new text begin CHILD CARE ASSISTANCE PROGRAM RULE CHANGE. new text end 156.2 new text begin The commissioner shall amend Minnesota Rules, part 3400.0035, subpart 2, to new text end 156.3 new text begin remove the requirement that applications must be submitted by mail or delivered to the new text end 156.4 new text begin agency within 15 calendar days after the date of signature. The commissioner shall new text end 156.5 new text begin comply with Minnesota Statutes, section 14.389, in adopting the amendment. new text end 156.6ARTICLE 8 156.7SIMPLIFICATION OF MFIP AND DWP 156.8    Section 1. Minnesota Statutes 2010, section 256J.08, subdivision 11, is amended to 156.9read: 156.10    Subd. 11. Caregiver. "Caregiver" means a minor child's natural new text begin birth new text end or adoptive 156.11parent or parents and stepparent who live in the home with the minor child. For purposes 156.12of determining eligibility for this program, caregiver also means any of the following 156.13individuals, if adults, who live with and provide care and support to a minor child when 156.14the minor child's natural new text begin birth new text end or adoptive parent or parents or stepparents do not reside 156.15in the same home: legal custodian or guardian, grandfather, grandmother, brother, sister, 156.16half brother, half sister, stepbrother, stepsister, uncle, aunt, first cousin or first cousin once 156.17removed, nephew, niece, person of preceding generation as denoted by prefixes of "great," 156.18"great-great," or "great-great-great," or a spouse of any person named in the above groups 156.19even after the marriage ends by death or divorce. 156.20    Sec. 2. Minnesota Statutes 2010, section 256J.24, subdivision 2, is amended to read: 156.21    Subd. 2. Mandatory assistance unit composition. Except for minor caregivers 156.22and their children who must be in a separate assistance unit from the other persons in 156.23the household, when the following individuals live together, they must be included in 156.24the assistance unit: 156.25(1) a minor child, including a pregnant minor; 156.26(2) the minor child's minor siblings, minor half siblings, and minor stepsiblings; 156.27(3) the minor child's natural new text begin birth new text end parents, adoptive parents, and stepparents; and 156.28(4) the spouse of a pregnant woman. 156.29A minor child must have a caregiver for the child to be included in the assistance unit. 156.30    Sec. 3. Minnesota Statutes 2010, section 256J.32, subdivision 6, is amended to read: 156.31    Subd. 6. Recertification. new text begin (a) new text end The county agency shall recertify eligibility in an 156.32annual face-to-face interview with the participant and new text begin . The county agency may waive the new text end 157.1 new text begin face-to-face interview and conduct a phone interview for participants who qualify under new text end 157.2 new text begin paragraph (b). During the interview the county agency shall new text end verify the following: 157.3    (1) presence of the minor child in the home, if questionable; 157.4    (2) income, unless excluded, including self-employment expenses used as a 157.5deduction or deposits or withdrawals from business accounts; 157.6    (3) assets when the value is within $200 of the asset limit; 157.7    (4) information to establish an exception under section 256J.24, subdivision 9, if 157.8questionable; 157.9    (5) inconsistent information, if related to eligibility; and 157.10    (6) whether a single caregiver household meets requirements in section 256J.575, 157.11subdivision 3. 157.12 new text begin (b) A participant who is employed any number of hours must be given the option of new text end 157.13 new text begin conducting a face-to-face or phone interview to recertify eligibility. The participant must new text end 157.14 new text begin be employed at the time the interview is scheduled. If the participant loses the participant's new text end 157.15 new text begin job between the time the interview is scheduled and when it is to be conducted, the phone new text end 157.16 new text begin interview may still be conducted. new text end 157.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective October 1, 2012. new text end 157.18    Sec. 4. Minnesota Statutes 2010, section 256J.575, subdivision 1, is amended to read: 157.19    Subdivision 1. Purpose. (a) The Family stabilization services serve families who 157.20are not making significant progress within the new text begin regular employment and training services new text end 157.21 new text begin track of the new text end Minnesota family investment program (MFIP) due to a variety of barriers to 157.22employment. 157.23    (b) The goal of the services is to stabilize and improve the lives of families at risk 157.24of long-term welfare dependency or family instability due to employment barriers such 157.25as physical disability, mental disability, age, or providing care for a disabled household 157.26member. These services promote and support families to achieve the greatest possible 157.27degree of self-sufficiency. 157.28    Sec. 5. Minnesota Statutes 2010, section 256J.575, subdivision 2, is amended to read: 157.29    Subd. 2. Definitions. The terms used in this section have the meanings given them 157.30in paragraphs (a) to (d) new text begin and (b) new text end . 157.31    (a) "Case manager" means the county-designated staff person or employment 157.32services counselor. 157.33    (b) "Case management" new text begin "Family stabilization services" new text end means the services new text begin new text end 157.34 new text begin programs, activities, and services new text end provided by or through the county agency or through the 158.1employment services agency to participating families, including new text begin . Services include, but new text end 158.2 new text begin are not limited to, new text end assessment new text begin as defined in section 256J.521, subdivision 1 new text end , information, 158.3referrals, and assistance in the preparation and implementation of a family stabilization 158.4plan under subdivision 5. 158.5    (c) new text begin (b) new text end "Family stabilization plan" means a plan developed by a case manager 158.6and new text begin with new text end the participant, which identifies the participant's most appropriate path to 158.7unsubsidized employment, family stability, and barrier reduction, taking into account the 158.8family's circumstances. 158.9    (d) "Family stabilization services" means programs, activities, and services in this 158.10section that provide participants and their family members with assistance regarding, 158.11but not limited to: 158.12    (1) obtaining and retaining unsubsidized employment; 158.13    (2) family stability; 158.14    (3) economic stability; and 158.15    (4) barrier reduction. 158.16    The goal of the services is to achieve the greatest degree of economic self-sufficiency 158.17and family well-being possible for the family under the circumstances. 158.18    Sec. 6. Minnesota Statutes 2010, section 256J.575, subdivision 5, is amended to read: 158.19    Subd. 5. Case management; Family stabilization plans; coordinated services. 158.20    (a) The county agency or employment services provider shall provide family stabilization 158.21services to families through a case management model. A case manager shall be assigned 158.22to each participating family within 30 days after the family is determined to be eligible 158.23for family stabilization services. The case manager, with the full involvement of the 158.24participant, shall recommend, and the county agency shall establish and modify as 158.25necessary, a family stabilization plan for each participating family. new text begin Once a participant new text end 158.26 new text begin has been determined eligible for family stabilization services, the county agency or new text end 158.27 new text begin employment services provider must attempt to meet with the participant to develop a new text end 158.28 new text begin plan within 30 days. new text end 158.29 new text begin (b) new text end If a participant is already assigned to a county case manager or a 158.30county-designated case manager in social services, disability services, or housing services 158.31that case manager already assigned may be the case manager for purposes of these services. 158.32    (b) The family stabilization plan must include: 158.33    (1) each participant's plan for long-term self-sufficiency, including an employment 158.34goal where applicable; 159.1    (2) an assessment of each participant's strengths and barriers, and any special 159.2circumstances of the participant's family that impact, or are likely to impact, the 159.3participant's progress towards the goals in the plan; and 159.4    (3) an identification of the services, supports, education, training, and 159.5accommodations needed to reduce or overcome any barriers to enable the family to 159.6achieve self-sufficiency and to fulfill each caregiver's personal and family responsibilities. 159.7    (c) The case manager and the participant shall meet within 30 days of the family's 159.8referral to the case manager. The initial family stabilization plan must be completed within 159.930 days of the first meeting with the case manager. The case manager shall establish a 159.10schedule for periodic review of the family stabilization plan that includes personal contact 159.11with the participant at least once per month. In addition, the case manager shall review 159.12and, if necessary, modify the plan under the following circumstances: 159.13    (1) there is a lack of satisfactory progress in achieving the goals of the plan; 159.14    (2) the participant has lost unsubsidized or subsidized employment; 159.15    (3) a family member has failed or is unable to comply with a family stabilization 159.16plan requirement; 159.17    (4) services, supports, or other activities required by the plan are unavailable; 159.18    (5) changes to the plan are needed to promote the well-being of the children; or 159.19    (6) the participant and case manager determine that the plan is no longer appropriate 159.20for any other reason. new text begin Participants determined eligible for family stabilization services must new text end 159.21 new text begin have access to employment and training services under sections 256J.515 to 256J.575, to new text end 159.22 new text begin the extent these services are available to other MFIP participants. new text end 159.23    Sec. 7. Minnesota Statutes 2010, section 256J.575, subdivision 6, is amended to read: 159.24    Subd. 6. Cooperation with services requirements. (a) A participant who is eligible 159.25for family stabilization services under this section shall comply with paragraphs (b) to (d). 159.26    (b) Participants shall engage in family stabilization plan services for the appropriate 159.27number of hours per week that the activities are scheduled and available, new text begin based on the new text end 159.28 new text begin needs of the participant and the participant's family, new text end unless good cause exists for not 159.29doing so, as defined in section 256J.57, subdivision 1. The appropriate number of hours 159.30must be based on the participant's plan. 159.31    (c) The case manager new text begin county agency or employment services agency new text end shall review 159.32the participant's progress toward the goals in the family stabilization plan every six 159.33months to determine whether conditions have changed, including whether revisions to 159.34the plan are needed. 160.1    (d) A participant's requirement to comply with any or all family stabilization plan 160.2requirements under this subdivision is excused when the case management services, 160.3training and educational services, or family support services identified in the participant's 160.4family stabilization plan are unavailable for reasons beyond the control of the participant, 160.5including when money appropriated is not sufficient to provide the services. 160.6    Sec. 8. Minnesota Statutes 2010, section 256J.575, subdivision 8, is amended to read: 160.7    Subd. 8. Funding. (a) The commissioner of human services shall treat MFIP 160.8expenditures made to or on behalf of any minor child under this section, who is part of a 160.9household that meets criteria in subdivision 3, as expenditures under a separately funded 160.10state program. These expenditures shall not count toward the state's maintenance of effort 160.11requirements under the federal TANF program. 160.12    (b) A family is no longer part of a separately funded program under this section if 160.13the caregiver no longer meets the criteria for family stabilization services in subdivision 160.143, or if it is determined at recertification that a caregiver with a child under the age of six 160.15is working at least 87 hours per month in paid or unpaid employment, or a caregiver 160.16without a child under the age of six is working at least 130 hours per month in paid or 160.17unpaid employment, whichever occurs sooner. 160.18    Sec. 9. Minnesota Statutes 2010, section 256J.621, is amended to read: 160.19256J.621 WORK PARTICIPATION CASH BENEFITS. 160.20    (a) Effective October 1, 2009, upon exiting the diversionary work program (DWP) 160.21or upon terminating the Minnesota family investment program with earnings, a participant 160.22who is employed may be eligible for work participation cash benefits of $25 per month 160.23to assist in meeting the family's basic needs as the participant continues to move toward 160.24self-sufficiency. 160.25    (b) To be eligible for work participation cash benefits, the participant shall not 160.26receive MFIP or diversionary work program assistance during the month and the 160.27participant or participants must meet the following work requirements: 160.28    (1) if the participant is a single caregiver and has a child under six years of age, the 160.29participant must be employed at least 87 hours per month; 160.30    (2) if the participant is a single caregiver and does not have a child under six years of 160.31age, the participant must be employed at least 130 hours per month; or 160.32    (3) if the household is a two-parent family, at least one of the parents must be 160.33employed an average of at least 130 hours per month. 161.1    Whenever a participant exits the diversionary work program or is terminated from 161.2MFIP and meets the other criteria in this section, work participation cash benefits are 161.3available for up to 24 consecutive months. 161.4    (c) Expenditures on the program are maintenance of effort state funds under 161.5a separate state program for participants under paragraph (b), clauses (1) and (2). 161.6Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort 161.7funds. Months in which a participant receives work participation cash benefits under this 161.8section do not count toward the participant's MFIP 60-month time limit. 161.9    Sec. 10. Minnesota Statutes 2010, section 256J.68, subdivision 7, is amended to read: 161.10    Subd. 7. Exclusive procedure. The procedure established by this section is 161.11exclusive of all other legal, equitable, and statutory remedies against the state, its political 161.12subdivisions, or employees of the state or its political subdivisions. The claimant shall 161.13not be entitled to seek damages from any state, county, tribal, or reservation insurance 161.14policy or self-insurance program. new text begin A provider who accepts or agrees to accept an injury new text end 161.15 new text begin protection program payment for services provided to an individual must not require any new text end 161.16 new text begin payment from the individual. new text end 161.17    Sec. 11. Minnesota Statutes 2010, section 256J.95, subdivision 3, is amended to read: 161.18    Subd. 3. Eligibility for diversionary work program. (a) Except for the categories 161.19of family units listed below new text begin in clauses (1) to (8) new text end , all family units who apply for cash 161.20benefits and who meet MFIP eligibility as required in sections 256J.11 to 256J.15 are 161.21eligible and must participate in the diversionary work program. Family units or individuals 161.22that are not eligible for the diversionary work program include: 161.23    (1) child only cases; 161.24    (2) a single-parent family unit new text begin units new text end that includes new text begin include new text end a child under 12 months of 161.25age. A parent is eligible for this exception once in a parent's lifetime; 161.26    (3) new text begin family units with new text end a minor parent without a high school diploma or its equivalent; 161.27    (4) new text begin family units with new text end an 18- or 19-year-old caregiver without a high school diploma 161.28or its equivalent who chooses to have an employment plan with an education option; 161.29    (5) a caregiver age 60 or over; 161.30    (6) new text begin (5) new text end family units with a caregiver who received DWP benefits in new text begin within new text end the 12 161.31months prior to the month the family applied for DWP, except as provided in paragraph (c); 161.32    (7) new text begin (6) new text end family units with a caregiver who received MFIP within the 12 months prior 161.33to the month the family unit applied for DWP; 162.1    (8) a new text begin (7) new text end family unit new text begin units new text end with a caregiver who received 60 or more months of 162.2TANF assistance; new text begin and new text end 162.3    (9) new text begin (8) family units with new text end a caregiver who is disqualified from the work participation 162.4cash benefit program, DWP, or MFIP due to fraud; and new text begin . new text end 162.5    (10) refugees and asylees as defined in Code of Federal Regulations, title 45, part 162.6400, subpart d, section , who arrived in the United States in the 12 months prior to 162.7the date of application for family cash assistance. 162.8    (b) A two-parent family must participate in DWP unless both caregivers meet the 162.9criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit 162.10includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), (9), or (10). 162.11    (c) Once DWP eligibility is determined, the four months run consecutively. If a 162.12participant leaves the program for any reason and reapplies during the four-month period, 162.13the county must redetermine eligibility for DWP. 162.14ARTICLE 9 162.15CONTINUING CARE 162.16    Section 1. Minnesota Statutes 2011 Supplement, section 144A.071, subdivision 3, 162.17is amended to read: 162.18    Subd. 3. Exceptions authorizing increase in beds; hardship areas. (a) The 162.19commissioner of health, in coordination with the commissioner of human services, may 162.20approve the addition of new licensed and Medicare and Medicaid certified nursing home 162.21beds, using the criteria and process set forth in this subdivision. 162.22(b) The commissioner, in cooperation with the commissioner of human services, 162.23shall consider the following criteria when determining that an area of the state is a 162.24hardship area with regard to access to nursing facility services: 162.25(1) a low number of beds per thousand in a specified area using as a standard the 162.26beds per thousand people age 65 and older, in five year age groups, using data from the 162.27most recent census and population projections, weighted by each group's most recent 162.28nursing home utilization, of the county at the 20th percentile, as determined by the 162.29commissioner of human services; 162.30(2) a high level of out-migration for nursing facility services associated with a 162.31described area from the county or counties of residence to other Minnesota counties, as 162.32determined by the commissioner of human services, using as a standard an amount greater 162.33than the out-migration of the county ranked at the 50th percentile; 162.34(3) an adequate level of availability of noninstitutional long-term care services 162.35measured as public spending for home and community-based long-term care services per 163.1individual age 65 and older, in five year age groups, using data from the most recent 163.2census and population projections, weighted by each group's most recent nursing home 163.3utilization, as determined by the commissioner of human services using as a standard an 163.4amount greater than the 50th percentile of counties; 163.5(4) there must be a declaration of hardship resulting from insufficient access to 163.6nursing home beds by local county agencies and area agencies on aging; and 163.7(5) other factors that may demonstrate the need to add new nursing facility beds. 163.8(c) On August 15 of odd-numbered years, the commissioner, in cooperation with 163.9the commissioner of human services, may publish in the State Register a request for 163.10information in which interested parties, using the data provided under section 144A.351, 163.11along with any other relevant data, demonstrate that a specified area is a hardship area 163.12with regard to access to nursing facility services. For a response to be considered, the 163.13commissioner must receive it by November 15. The commissioner shall make responses 163.14to the request for information available to the public and shall allow 30 days for comment. 163.15The commissioner shall review responses and comments and determine if any areas of 163.16the state are to be declared hardship areas. 163.17(d) For each designated hardship area determined in paragraph (c), the commissioner 163.18shall publish a request for proposals in accordance with section 144A.073 and Minnesota 163.19Rules, parts 4655.1070 to 4655.1098. The request for proposals must be published in the 163.20State Register by March 15 following receipt of responses to the request for information. 163.21The request for proposals must specify the number of new beds which may be added 163.22in the designated hardship area, which must not exceed the number which, if added to 163.23the existing number of beds in the area, including beds in layaway status, would have 163.24prevented it from being determined to be a hardship area under paragraph (b), clause 163.25(1). Beginning July 1, 2011, the number of new beds approved must not exceed 200 163.26beds statewide per biennium. After June 30, 2019, the number of new beds that may be 163.27approved in a biennium must not exceed 300 statewide. For a proposal to be considered, 163.28the commissioner must receive it within six months of the publication of the request for 163.29proposals. The commissioner shall review responses to the request for proposals and 163.30shall approve or disapprove each proposal by the following July 15, in accordance with 163.31section 144A.073 and Minnesota Rules, parts 4655.1070 to 4655.1098. The commissioner 163.32shall base approvals or disapprovals on a comparison and ranking of proposals using 163.33only the criteria in subdivision 4a. Approval of a proposal expires after 18 months 163.34unless the facility has added the new beds using existing space, subject to approval 163.35by the commissioner, or has commenced construction as defined in section 144A.071, 163.36subdivision 1a, paragraph (d). Operating new text begin If, after the approved beds have been added, new text end 164.1 new text begin fewer than 50 percent of the beds in a facility are newly licensed, the operating payment new text end 164.2 new text begin rates previously in effect shall remain. If, after the approved beds have been added, 50 new text end 164.3 new text begin percent or more of the beds in a facility are newly licensed, operating new text end payment rates shall 164.4be determined according to Minnesota Rules, part 9549.0057, using the limits under 164.5section 256B.441. External fixed payment rates must be determined according to section 164.6256B.441, subdivision 53 . Property payment rates for facilities with beds added under this 164.7subdivision must be determined in the same manner as rate determinations resulting from 164.8projects approved and completed under section 144A.073. 164.9(e) The commissioner may: 164.10(1) certify or license new beds in a new facility that is to be operated by the 164.11commissioner of veterans affairs or when the costs of constructing and operating the new 164.12beds are to be reimbursed by the commissioner of veterans affairs or the United States 164.13Veterans Administration; and 164.14(2) license or certify beds in a facility that has been involuntarily delicensed or 164.15decertified for participation in the medical assistance program, provided that an application 164.16for relicensure or recertification is submitted to the commissioner by an organization that 164.17is not a related organization as defined in section 256B.441, subdivision 34, to the prior 164.18licensee within 120 days after delicensure or decertification. 164.19    Sec. 2. Minnesota Statutes 2011 Supplement, section 144A.071, subdivision 4a, 164.20is amended to read: 164.21    Subd. 4a. Exceptions for replacement beds. It is in the best interest of the state 164.22to ensure that nursing homes and boarding care homes continue to meet the physical 164.23plant licensing and certification requirements by permitting certain construction projects. 164.24Facilities should be maintained in condition to satisfy the physical and emotional needs 164.25of residents while allowing the state to maintain control over nursing home expenditure 164.26growth. 164.27    The commissioner of health in coordination with the commissioner of human 164.28services, may approve the renovation, replacement, upgrading, or relocation of a nursing 164.29home or boarding care home, under the following conditions: 164.30    (a) to license or certify beds in a new facility constructed to replace a facility or to 164.31make repairs in an existing facility that was destroyed or damaged after June 30, 1987, by 164.32fire, lightning, or other hazard provided: 164.33    (i) destruction was not caused by the intentional act of or at the direction of a 164.34controlling person of the facility; 165.1    (ii) at the time the facility was destroyed or damaged the controlling persons of the 165.2facility maintained insurance coverage for the type of hazard that occurred in an amount 165.3that a reasonable person would conclude was adequate; 165.4    (iii) the net proceeds from an insurance settlement for the damages caused by the 165.5hazard are applied to the cost of the new facility or repairs; 165.6    (iv) the number of licensed and certified beds in the new facility does not exceed the 165.7number of licensed and certified beds in the destroyed facility; and 165.8    (v) the commissioner determines that the replacement beds are needed to prevent an 165.9inadequate supply of beds. 165.10Project construction costs incurred for repairs authorized under this clause shall not be 165.11considered in the dollar threshold amount defined in subdivision 2; 165.12    (b) to license or certify beds that are moved from one location to another within a 165.13nursing home facility, provided the total costs of remodeling performed in conjunction 165.14with the relocation of beds does not exceed $1,000,000; 165.15    (c) to license or certify beds in a project recommended for approval under section 165.16144A.073 ; 165.17    (d) to license or certify beds that are moved from an existing state nursing home to 165.18a different state facility, provided there is no net increase in the number of state nursing 165.19home beds; 165.20    (e) to certify and license as nursing home beds boarding care beds in a certified 165.21boarding care facility if the beds meet the standards for nursing home licensure, or in a 165.22facility that was granted an exception to the moratorium under section 144A.073, and if 165.23the cost of any remodeling of the facility does not exceed $1,000,000. If boarding care 165.24beds are licensed as nursing home beds, the number of boarding care beds in the facility 165.25must not increase beyond the number remaining at the time of the upgrade in licensure. 165.26The provisions contained in section 144A.073 regarding the upgrading of the facilities 165.27do not apply to facilities that satisfy these requirements; 165.28    (f) to license and certify up to 40 beds transferred from an existing facility owned and 165.29operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the 165.30same location as the existing facility that will serve persons with Alzheimer's disease and 165.31other related disorders. The transfer of beds may occur gradually or in stages, provided 165.32the total number of beds transferred does not exceed 40. At the time of licensure and 165.33certification of a bed or beds in the new unit, the commissioner of health shall delicense 165.34and decertify the same number of beds in the existing facility. As a condition of receiving 165.35a license or certification under this clause, the facility must make a written commitment 166.1to the commissioner of human services that it will not seek to receive an increase in its 166.2property-related payment rate as a result of the transfers allowed under this paragraph; 166.3    (g) to license and certify nursing home beds to replace currently licensed and certified 166.4boarding care beds which may be located either in a remodeled or renovated boarding care 166.5or nursing home facility or in a remodeled, renovated, newly constructed, or replacement 166.6nursing home facility within the identifiable complex of health care facilities in which the 166.7currently licensed boarding care beds are presently located, provided that the number of 166.8boarding care beds in the facility or complex are decreased by the number to be licensed 166.9as nursing home beds and further provided that, if the total costs of new construction, 166.10replacement, remodeling, or renovation exceed ten percent of the appraised value of 166.11the facility or $200,000, whichever is less, the facility makes a written commitment to 166.12the commissioner of human services that it will not seek to receive an increase in its 166.13property-related payment rate by reason of the new construction, replacement, remodeling, 166.14or renovation. The provisions contained in section 144A.073 regarding the upgrading of 166.15facilities do not apply to facilities that satisfy these requirements; 166.16    (h) to license as a nursing home and certify as a nursing facility a facility that is 166.17licensed as a boarding care facility but not certified under the medical assistance program, 166.18but only if the commissioner of human services certifies to the commissioner of health that 166.19licensing the facility as a nursing home and certifying the facility as a nursing facility will 166.20result in a net annual savings to the state general fund of $200,000 or more; 166.21    (i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing 166.22home beds in a facility that was licensed and in operation prior to January 1, 1992; 166.23    (j) to license and certify new nursing home beds to replace beds in a facility acquired 166.24by the Minneapolis Community Development Agency as part of redevelopment activities 166.25in a city of the first class, provided the new facility is located within three miles of the site 166.26of the old facility. Operating and property costs for the new facility must be determined 166.27and allowed under section 256B.431 or 256B.434; 166.28    (k) to license and certify up to 20 new nursing home beds in a community-operated 166.29hospital and attached convalescent and nursing care facility with 40 beds on April 21, 166.301991, that suspended operation of the hospital in April 1986. The commissioner of human 166.31services shall provide the facility with the same per diem property-related payment rate 166.32for each additional licensed and certified bed as it will receive for its existing 40 beds; 166.33    (l) to license or certify beds in renovation, replacement, or upgrading projects as 166.34defined in section 144A.073, subdivision 1, so long as the cumulative total costs of the 166.35facility's remodeling projects do not exceed $1,000,000; 167.1    (m) to license and certify beds that are moved from one location to another for the 167.2purposes of converting up to five four-bed wards to single or double occupancy rooms 167.3in a nursing home that, as of January 1, 1993, was county-owned and had a licensed 167.4capacity of 115 beds; 167.5    (n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified 167.6nursing facility located in Minneapolis to layaway all of its licensed and certified nursing 167.7home beds. These beds may be relicensed and recertified in a newly constructed teaching 167.8nursing home facility affiliated with a teaching hospital upon approval by the legislature. 167.9The proposal must be developed in consultation with the interagency committee on 167.10long-term care planning. The beds on layaway status shall have the same status as 167.11voluntarily delicensed and decertified beds, except that beds on layaway status remain 167.12subject to the surcharge in section 256.9657. This layaway provision expires July 1, 1998; 167.13    (o) to allow a project which will be completed in conjunction with an approved 167.14moratorium exception project for a nursing home in southern Cass County and which is 167.15directly related to that portion of the facility that must be repaired, renovated, or replaced, 167.16to correct an emergency plumbing problem for which a state correction order has been 167.17issued and which must be corrected by August 31, 1993; 167.18    (p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified 167.19nursing facility located in Minneapolis to layaway, upon 30 days prior written notice to 167.20the commissioner, up to 30 of the facility's licensed and certified beds by converting 167.21three-bed wards to single or double occupancy. Beds on layaway status shall have the 167.22same status as voluntarily delicensed and decertified beds except that beds on layaway 167.23status remain subject to the surcharge in section 256.9657, remain subject to the license 167.24application and renewal fees under section 144A.07 and shall be subject to a $100 per bed 167.25reactivation fee. In addition, at any time within three years of the effective date of the 167.26layaway, the beds on layaway status may be: 167.27    (1) relicensed and recertified upon relocation and reactivation of some or all of 167.28the beds to an existing licensed and certified facility or facilities located in Pine River, 167.29Brainerd, or International Falls; provided that the total project construction costs related to 167.30the relocation of beds from layaway status for any facility receiving relocated beds may 167.31not exceed the dollar threshold provided in subdivision 2 unless the construction project 167.32has been approved through the moratorium exception process under section 144A.073; 167.33    (2) relicensed and recertified, upon reactivation of some or all of the beds within the 167.34facility which placed the beds in layaway status, if the commissioner has determined a 167.35need for the reactivation of the beds on layaway status. 168.1    The property-related payment rate of a facility placing beds on layaway status 168.2must be adjusted by the incremental change in its rental per diem after recalculating the 168.3rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The 168.4property-related payment rate for a facility relicensing and recertifying beds from layaway 168.5status must be adjusted by the incremental change in its rental per diem after recalculating 168.6its rental per diem using the number of beds after the relicensing to establish the facility's 168.7capacity day divisor, which shall be effective the first day of the month following the 168.8month in which the relicensing and recertification became effective. Any beds remaining 168.9on layaway status more than three years after the date the layaway status became effective 168.10must be removed from layaway status and immediately delicensed and decertified; 168.11    (q) to license and certify beds in a renovation and remodeling project to convert 12 168.12four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing 168.13home that, as of January 1, 1994, met the following conditions: the nursing home was 168.14located in Ramsey County; had a licensed capacity of 154 beds; and had been ranked 168.15among the top 15 applicants by the 1993 moratorium exceptions advisory review panel. 168.16The total project construction cost estimate for this project must not exceed the cost 168.17estimate submitted in connection with the 1993 moratorium exception process; 168.18    (r) to license and certify up to 117 beds that are relocated from a licensed and 168.19certified 138-bed nursing facility located in St. Paul to a hospital with 130 licensed 168.20hospital beds located in South St. Paul, provided that the nursing facility and hospital are 168.21owned by the same or a related organization and that prior to the date the relocation is 168.22completed the hospital ceases operation of its inpatient hospital services at that hospital. 168.23After relocation, the nursing facility's status under section , subdivision 2j, shall 168.24be the same as it was prior to relocation. The nursing facility's property-related payment 168.25rate resulting from the project authorized in this paragraph shall become effective no 168.26earlier than April 1, 1996. For purposes of calculating the incremental change in the 168.27facility's rental per diem resulting from this project, the allowable appraised value of 168.28the nursing facility portion of the existing health care facility physical plant prior to the 168.29renovation and relocation may not exceed $2,490,000; 168.30    (s) to license and certify two beds in a facility to replace beds that were voluntarily 168.31delicensed and decertified on June 28, 1991; 168.32    (t) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed 168.33nursing home and 21-bed boarding care home facility in Minneapolis, notwithstanding 168.34the licensure and certification after July 1, 1995, of the Minneapolis facility as a 147-bed 168.35nursing home facility after completion of a construction project approved in 1993 under 168.36section 144A.073, to be laid away upon 30 days' prior written notice to the commissioner. 169.1Beds on layaway status shall have the same status as voluntarily delicensed or decertified 169.2beds except that they shall remain subject to the surcharge in section 256.9657. The 169.316 beds on layaway status may be relicensed as nursing home beds and recertified at 169.4any time within five years of the effective date of the layaway upon relocation of some 169.5or all of the beds to a licensed and certified facility located in Watertown, provided that 169.6the total project construction costs related to the relocation of beds from layaway status 169.7for the Watertown facility may not exceed the dollar threshold provided in subdivision 169.82 unless the construction project has been approved through the moratorium exception 169.9process under section 144A.073. 169.10    The property-related payment rate of the facility placing beds on layaway status 169.11must be adjusted by the incremental change in its rental per diem after recalculating the 169.12rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The 169.13property-related payment rate for the facility relicensing and recertifying beds from 169.14layaway status must be adjusted by the incremental change in its rental per diem after 169.15recalculating its rental per diem using the number of beds after the relicensing to establish 169.16the facility's capacity day divisor, which shall be effective the first day of the month 169.17following the month in which the relicensing and recertification became effective. Any 169.18beds remaining on layaway status more than five years after the date the layaway status 169.19became effective must be removed from layaway status and immediately delicensed 169.20and decertified; 169.21    (u) to license and certify beds that are moved within an existing area of a facility or 169.22to a newly constructed addition which is built for the purpose of eliminating three- and 169.23four-bed rooms and adding space for dining, lounge areas, bathing rooms, and ancillary 169.24service areas in a nursing home that, as of January 1, 1995, was located in Fridley and had 169.25a licensed capacity of 129 beds; 169.26    (v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County 169.27to a 160-bed facility in Crow Wing County, provided all the affected beds are under 169.28common ownership; 169.29    (w) to license and certify a total replacement project of up to 49 beds located in 169.30Norman County that are relocated from a nursing home destroyed by flood and whose 169.31residents were relocated to other nursing homes. The operating cost payment rates for 169.32the new nursing facility shall be determined based on the interim and settle-up payment 169.33provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of 169.34section 256B.431, except that subdivision 26, paragraphs (a) and (b), shall not apply until 169.35the second rate year after the settle-up cost report is filed. Property-related reimbursement 170.1rates shall be determined under section 256B.431, taking into account any federal or state 170.2flood-related loans or grants provided to the facility; 170.3    (x) to license and certify a total replacement project of up to 129 beds located 170.4in Polk County that are relocated from a nursing home destroyed by flood and whose 170.5residents were relocated to other nursing homes. The operating cost payment rates for 170.6the new nursing facility shall be determined based on the interim and settle-up payment 170.7provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of 170.8section 256B.431, except that subdivision 26, paragraphs (a) and (b), shall not apply until 170.9the second rate year after the settle-up cost report is filed. Property-related reimbursement 170.10rates shall be determined under section 256B.431, taking into account any federal or state 170.11flood-related loans or grants provided to the facility; 170.12    (y) to license and certify beds in a renovation and remodeling project to convert 13 170.13three-bed wards into 13 two-bed rooms and 13 single-bed rooms, expand space, and 170.14add improvements in a nursing home that, as of January 1, 1994, met the following 170.15conditions: the nursing home was located in Ramsey County, was not owned by a hospital 170.16corporation, had a licensed capacity of 64 beds, and had been ranked among the top 15 170.17applicants by the 1993 moratorium exceptions advisory review panel. The total project 170.18construction cost estimate for this project must not exceed the cost estimate submitted in 170.19connection with the 1993 moratorium exception process; 170.20    (z) to license and certify up to 150 nursing home beds to replace an existing 285 170.21bed nursing facility located in St. Paul. The replacement project shall include both the 170.22renovation of existing buildings and the construction of new facilities at the existing 170.23site. The reduction in the licensed capacity of the existing facility shall occur during the 170.24construction project as beds are taken out of service due to the construction process. Prior 170.25to the start of the construction process, the facility shall provide written information to the 170.26commissioner of health describing the process for bed reduction, plans for the relocation 170.27of residents, and the estimated construction schedule. The relocation of residents shall be 170.28in accordance with the provisions of law and rule; 170.29    (aa) to allow the commissioner of human services to license an additional 36 beds 170.30to provide residential services for the physically disabled under Minnesota Rules, parts 170.319570.2000 to 9570.3400, in a 198-bed nursing home located in Red Wing, provided that 170.32the total number of licensed and certified beds at the facility does not increase; 170.33    (bb) to license and certify a new facility in St. Louis County with 44 beds 170.34constructed to replace an existing facility in St. Louis County with 31 beds, which has 170.35resident rooms on two separate floors and an antiquated elevator that creates safety 171.1concerns for residents and prevents nonambulatory residents from residing on the second 171.2floor. The project shall include the elimination of three- and four-bed rooms; 171.3    (cc) to license and certify four beds in a 16-bed certified boarding care home in 171.4Minneapolis to replace beds that were voluntarily delicensed and decertified on or 171.5before March 31, 1992. The licensure and certification is conditional upon the facility 171.6periodically assessing and adjusting its resident mix and other factors which may 171.7contribute to a potential institution for mental disease declaration. The commissioner of 171.8human services shall retain the authority to audit the facility at any time and shall require 171.9the facility to comply with any requirements necessary to prevent an institution for mental 171.10disease declaration, including delicensure and decertification of beds, if necessary; 171.11    (dd) to license and certify 72 beds in an existing facility in Mille Lacs County with 171.1280 beds as part of a renovation project. The renovation must include construction of 171.13an addition to accommodate ten residents with beginning and midstage dementia in a 171.14self-contained living unit; creation of three resident households where dining, activities, 171.15and support spaces are located near resident living quarters; designation of four beds 171.16for rehabilitation in a self-contained area; designation of 30 private rooms; and other 171.17improvements; 171.18    (ee) to license and certify beds in a facility that has undergone replacement or 171.19remodeling as part of a planned closure under section 256B.437; 171.20    (ff) to license and certify a total replacement project of up to 124 beds located 171.21in Wilkin County that are in need of relocation from a nursing home significantly 171.22damaged by flood. The operating cost payment rates for the new nursing facility shall 171.23be determined based on the interim and settle-up payment provisions of Minnesota 171.24Rules, part 9549.0057, and the reimbursement provisions of section 256B.431, except 171.25that section , subdivision 26, paragraphs (a) and (b), shall not apply until the 171.26second rate year after the settle-up cost report is filed. Property-related reimbursement 171.27rates shall be determined under section 256B.431, taking into account any federal or state 171.28flood-related loans or grants provided to the facility; 171.29    (gg) to allow the commissioner of human services to license an additional nine beds 171.30to provide residential services for the physically disabled under Minnesota Rules, parts 171.319570.2000 to 9570.3400, in a 240-bed nursing home located in Duluth, provided that the 171.32total number of licensed and certified beds at the facility does not increase; 171.33    (hh) to license and certify up to 120 new nursing facility beds to replace beds in a 171.34facility in Anoka County, which was licensed for 98 beds as of July 1, 2000, provided the 171.35new facility is located within four miles of the existing facility and is in Anoka County. 171.36Operating and property rates shall be determined and allowed under section 256B.431 172.1and Minnesota Rules, parts 9549.0010 to 9549.0080, or section 256B.434 or . 172.2The provisions of section , subdivision 26, paragraphs (a) and (b), do not apply 172.3until the second rate year following settle-up new text begin 256B.441 new text end ; or 172.4    (ii) to transfer up to 98 beds of a 129-licensed bed facility located in Anoka County 172.5that, as of March 25, 2001, is in the active process of closing, to a 122-licensed bed 172.6nonprofit nursing facility located in the city of Columbia Heights or its affiliate. The 172.7transfer is effective when the receiving facility notifies the commissioner in writing of the 172.8number of beds accepted. The commissioner shall place all transferred beds on layaway 172.9status held in the name of the receiving facility. The layaway adjustment provisions of 172.10section 256B.431, subdivision 30, do not apply to this layaway. The receiving facility 172.11may only remove the beds from layaway for recertification and relicensure at the receiving 172.12facility's current site, or at a newly constructed facility located in Anoka County. The 172.13receiving facility must receive statutory authorization before removing these beds from 172.14layaway status, or may remove these beds from layaway status if removal from layaway 172.15status is part of a moratorium exception project approved by the commissioner under 172.16section 144A.073. 172.17    Sec. 3. Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7, is 172.18amended to read: 172.19    Subd. 7. Licensing moratorium. (a) The commissioner shall not issue an 172.20initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 172.212960.3340, or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 172.229555.6265, under this chapter for a physical location that will not be the primary residence 172.23of the license holder for the entire period of licensure. If a license is issued during this 172.24moratorium, and the license holder changes the license holder's primary residence away 172.25from the physical location of the foster care license, the commissioner shall revoke the 172.26license according to section 245A.07. Exceptions to the moratorium include: 172.27    (1) foster care settings that are required to be registered under chapter 144D; 172.28    (2) foster care licenses replacing foster care licenses in existence on May 15, 2009, 172.29and determined to be needed by the commissioner under paragraph (b); 172.30    (3) new foster care licenses determined to be needed by the commissioner under 172.31paragraph (b) for the closure of a nursing facility, ICF/MR, or regional treatment center, or 172.32restructuring of state-operated services that limits the capacity of state-operated facilities; 172.33    (4) new foster care licenses determined to be needed by the commissioner under 172.34paragraph (b) for persons requiring hospital level care; or 173.1    (5) new foster care licenses determined to be needed by the commissioner for the 173.2transition of people from personal care assistance to the home and community-based 173.3services. 173.4    (b) The commissioner shall determine the need for newly licensed foster care homes 173.5as defined under this subdivision. As part of the determination, the commissioner shall 173.6consider the availability of foster care capacity in the area in which the licensee seeks to 173.7operate, and the recommendation of the local county board. The determination by the 173.8commissioner must be final. A determination of need is not required for a change in 173.9ownership at the same address. 173.10    (c) Residential settings that would otherwise be subject to the moratorium established 173.11in paragraph (a), that are in the process of receiving an adult or child foster care license as 173.12of July 1, 2009, shall be allowed to continue to complete the process of receiving an adult 173.13or child foster care license. For this paragraph, all of the following conditions must be met 173.14to be considered in the process of receiving an adult or child foster care license: 173.15    (1) participants have made decisions to move into the residential setting, including 173.16documentation in each participant's care plan; 173.17    (2) the provider has purchased housing or has made a financial investment in the 173.18property; 173.19    (3) the lead agency has approved the plans, including costs for the residential setting 173.20for each individual; 173.21    (4) the completion of the licensing process, including all necessary inspections, is 173.22the only remaining component prior to being able to provide services; and 173.23    (5) the needs of the individuals cannot be met within the existing capacity in that 173.24county. 173.25To qualify for the process under this paragraph, the lead agency must submit 173.26documentation to the commissioner by August 1, 2009, that all of the above criteria are 173.27met. 173.28    (d) new text begin (c) new text end The commissioner shall study the effects of the license moratorium under this 173.29subdivision and shall report back to the legislature by January 15, 2011. This study shall 173.30include, but is not limited to the following: 173.31    (1) the overall capacity and utilization of foster care beds where the physical location 173.32is not the primary residence of the license holder prior to and after implementation 173.33of the moratorium; 173.34    (2) the overall capacity and utilization of foster care beds where the physical 173.35location is the primary residence of the license holder prior to and after implementation 173.36of the moratorium; and 174.1    (3) the number of licensed and occupied ICF/MR beds prior to and after 174.2implementation of the moratorium. 174.3    (e) new text begin (d) new text end When a foster care recipient moves out of a foster home that is not the 174.4primary residence of the license holder according to section 256B.49, subdivision 15, 174.5paragraph (f), the county shall immediately inform the Department of Human Services 174.6Licensing Division, and the department shall immediately decrease the licensed capacity 174.7for the home. A decreased licensed capacity according to this paragraph is not subject to 174.8appeal under this chapter. 174.9     new text begin (e) At the time of application and reapplication for licensure, the applicant and the new text end 174.10 new text begin license holder that are subject to the moratorium or an exclusion established in paragraph new text end 174.11 new text begin (a) are required to inform the commissioner whether the physical location where the foster new text end 174.12 new text begin care will be provided is or will be the primary residence of the license holder for the entire new text end 174.13 new text begin period of licensure. If the primary residence of the applicant or license holder changes, the new text end 174.14 new text begin applicant or license holder must notify the commissioner immediately. The commissioner new text end 174.15 new text begin shall print on the foster care license certificate whether or not the physical location is the new text end 174.16 new text begin primary residence of the license holder. new text end 174.17     new text begin (f) License holders of foster care homes identified under paragraph (e) that are not new text end 174.18 new text begin the primary residence of the license holder and that also provide services in the foster care new text end 174.19 new text begin home that are covered by a federally approved home and community-based services new text end 174.20 new text begin waiver, as authorized under section 256B.0915, 256B.092, or 256B.49 must inform the new text end 174.21 new text begin human services licensing division that the license holder provides or intends to provide new text end 174.22 new text begin these waiver-funded services. These license holders must be considered registered under new text end 174.23 new text begin section 256B.092, subdivision 11, paragraph (c), and this registration status must be new text end 174.24 new text begin identified on their license certificates. new text end 174.25    Sec. 4. Minnesota Statutes 2010, section 245A.11, subdivision 2a, is amended to read: 174.26    Subd. 2a. Adult foster care license capacity. (a) The commissioner shall issue 174.27adult foster care licenses with a maximum licensed capacity of four beds, including 174.28nonstaff roomers and boarders, except that the commissioner may issue a license with a 174.29capacity of five beds, including roomers and boarders, according to paragraphs (b) to (f). 174.30(b) An adult foster care license holder may have a maximum license capacity of five 174.31if all persons in care are age 55 or over and do not have a serious and persistent mental 174.32illness or a developmental disability. 174.33(c) The commissioner may grant variances to paragraph (b) to allow a foster care 174.34provider with a licensed capacity of five persons to admit an individual under the age of 55 175.1if the variance complies with section 245A.04, subdivision 9, and approval of the variance 175.2is recommended by the county in which the licensed foster care provider is located. 175.3(d) The commissioner may grant variances to paragraph (b) to allow the use of a fifth 175.4bed for emergency crisis services for a person with serious and persistent mental illness 175.5or a developmental disability, regardless of age, if the variance complies with section 175.6245A.04, subdivision 9 , and approval of the variance is recommended by the county in 175.7which the licensed foster care provider is located. 175.8(e) If the 2009 legislature adopts a rate reduction that impacts providers of adult 175.9foster care services, the commissioner may issue an adult foster care license with a 175.10capacity of five adults if the fifth bed does not increase the overall statewide capacity of 175.11licensed adult foster care beds in homes that are not the primary residence of the license 175.12holder, over the licensed capacity in such homes on July 1, 2009, as identified in a plan 175.13submitted to the commissioner by the county, when the capacity is recommended by 175.14the county licensing agency of the county in which the facility is located and if the 175.15recommendation verifies that: 175.16(1) the facility meets the physical environment requirements in the adult foster 175.17care licensing rule; 175.18(2) the five-bed living arrangement is specified for each resident in the resident's: 175.19(i) individualized plan of care; 175.20(ii) individual service plan under section 256B.092, subdivision 1b, if required; or 175.21(iii) individual resident placement agreement under Minnesota Rules, part 175.229555.5105, subpart 19, if required; 175.23(3) the license holder obtains written and signed informed consent from each 175.24resident or resident's legal representative documenting the resident's informed choice to 175.25living in the home and that the resident's refusal to consent would not have resulted in 175.26service termination; and 175.27(4) the facility was licensed for adult foster care before March 1, 2009. 175.28(f) The commissioner shall not issue a new adult foster care license under paragraph 175.29(e) after June 30, 2011 new text begin 2014 new text end . The commissioner shall allow a facility with an adult foster 175.30care license issued under paragraph (e) before June 30, 2011 new text begin 2016 new text end , to continue with a 175.31capacity of five adults if the license holder continues to comply with the requirements in 175.32paragraph (e). 175.33    Sec. 5. Minnesota Statutes 2010, section 245A.11, subdivision 8, is amended to read: 175.34    Subd. 8. Community residential setting license. (a) The commissioner shall 175.35establish provider standards for residential support services that integrate service standards 176.1and the residential setting under one license. The commissioner shall propose statutory 176.2language and an implementation plan for licensing requirements for residential support 176.3services to the legislature by January 15, 2011 new text begin 2012, as a component of the quality outcome new text end 176.4 new text begin standards recommendations required by Laws 2010, chapter 352, article 1, section 24 new text end . 176.5(b) Providers licensed under chapter 245B, and providing, contracting, or arranging 176.6for services in settings licensed as adult foster care under Minnesota Rules, parts 176.79555.5105 to 9555.6265, or child foster care under Minnesota Rules, parts 2960.3000 to 176.82960.3340; and meeting the provisions of section 256B.092, subdivision 11, paragraph 176.9(b), must be required to obtain a community residential setting license. 176.10    Sec. 6. Minnesota Statutes 2010, section 252.32, subdivision 1a, is amended to read: 176.11    Subd. 1a. Support grants. (a) Provision of support grants must be limited to 176.12families who require support and whose dependents are under the age of 21 and who 176.13have been certified disabled under section 256B.055, subdivision 12, paragraphs (a), 176.14(b), (c), (d), and (e). Families who are receiving new text begin : new text end home and community-based waivered 176.15services for persons with developmental disabilities new text begin authorized under section 256B.092 or new text end 176.16 new text begin 256B.49; personal care assistance under section 256B.0652; or a consumer support grant new text end 176.17 new text begin under section 256.476 new text end are not eligible for support grants. 176.18    Families whose annual adjusted gross income is $60,000 or more are not eligible for 176.19support grants except in cases where extreme hardship is demonstrated. Beginning in state 176.20fiscal year 1994, the commissioner shall adjust the income ceiling annually to reflect the 176.21projected change in the average value in the United States Department of Labor Bureau of 176.22Labor Statistics Consumer Price Index (all urban) for that year. 176.23    (b) Support grants may be made available as monthly subsidy grants and lump-sum 176.24grants. 176.25    (c) Support grants may be issued in the form of cash, voucher, and direct county 176.26payment to a vendor. 176.27    (d) Applications for the support grant shall be made by the legal guardian to the 176.28county social service agency. The application shall specify the needs of the families, the 176.29form of the grant requested by the families, and the items and services to be reimbursed. 176.30    Sec. 7. new text begin [252.34] REPORT BY COMMISSIONER OF HUMAN SERVICES. new text end 176.31     new text begin Beginning January 1, 2013, the commissioner of human services shall provide a new text end 176.32 new text begin biennial report to the chairs of the legislative committees with jurisdiction over health and new text end 176.33 new text begin human services policy and funding. The report must provide a summary of overarching new text end 176.34 new text begin goals and priorities for persons with disabilities, including the status of how each of the new text end 177.1 new text begin following programs administered by the commissioner is supporting the overarching new text end 177.2 new text begin goals and priorities: new text end 177.3     new text begin (1) home and community-based services waivers for persons with disabilities under new text end 177.4 new text begin sections 256B.092 and 256B.49; new text end 177.5     new text begin (2) home care services under section 256B.0652; and new text end 177.6     new text begin (3) other relevant programs and services as determined by the commissioner. new text end 177.7    Sec. 8. Minnesota Statutes 2010, section 252A.21, subdivision 2, is amended to read: 177.8    Subd. 2. Rules. The commissioner shall adopt rules to implement this chapter. 177.9The rules must include standards for performance of guardianship or conservatorship 177.10duties including, but not limited to: twice a year visits with the ward; quarterly reviews 177.11of records from day, residential, and support services; a requirement that the duties of 177.12guardianship or conservatorship and case management not be performed by the same 177.13person; specific standards for action on "do not resuscitate" orders, sterilization requests, 177.14and the use of psychotropic medication and aversive procedures. 177.15    Sec. 9. Minnesota Statutes 2010, section 256.476, subdivision 11, is amended to read: 177.16    Subd. 11. Consumer support grant program after July 1, 2001. Effective 177.17July 1, 2001, the commissioner shall allocate consumer support grant resources to 177.18serve additional individuals based on a review of Medicaid authorization and payment 177.19information of persons eligible for a consumer support grant from the most recent fiscal 177.20year. The commissioner shall use the following methodology to calculate maximum 177.21allowable monthly consumer support grant levels: 177.22    (1) For individuals whose program of origination is medical assistance home care 177.23under sections 256B.0651 and 256B.0653 to 256B.0656, the maximum allowable monthly 177.24grant levels are calculated by: 177.25    (i) determining 50 percent of the average new text begin the new text end service authorization for each 177.26 new text begin individual based on the individual's new text end home care rating new text begin assessment new text end ; 177.27    (ii) calculating the overall ratio of actual payments to service authorizations by 177.28program; 177.29    (iii) applying the overall ratio to the average new text begin 50 percent of the new text end service authorization 177.30level of each home care rating; new text begin and new text end 177.31    (iv) adjusting the result for any authorized rate increases new text begin changes new text end provided by the 177.32legislature; and new text begin . new text end 177.33    (v) adjusting the result for the average monthly utilization per recipient. 178.1    (2) The commissioner may review and evaluate new text begin shall ensure new text end the methodology to 178.2reflect changes in new text begin is consistent with new text end the home care programs. 178.3    Sec. 10. Minnesota Statutes 2010, section 256.9657, subdivision 1, is amended to read: 178.4    Subdivision 1. Nursing home license surcharge. (a) Effective July 1, 1993, 178.5each non-state-operated nursing home licensed under chapter 144A shall pay to the 178.6commissioner an annual surcharge according to the schedule in subdivision 4. The 178.7surcharge shall be calculated as $620 per licensed bed. If the number of licensed beds 178.8is reduced, the surcharge shall be based on the number of remaining licensed beds the 178.9second month following the receipt of timely notice by the commissioner of human 178.10services that beds have been delicensed. The nursing home must notify the commissioner 178.11of health in writing when beds are delicensed. The commissioner of health must notify 178.12the commissioner of human services within ten working days after receiving written 178.13notification. If the notification is received by the commissioner of human services by 178.14the 15th of the month, the invoice for the second following month must be reduced 178.15to recognize the delicensing of beds. Beds on layaway status continue to be subject to 178.16the surcharge. The commissioner of human services must acknowledge a medical care 178.17surcharge appeal within 30 days of receipt of the written appeal from the provider. 178.18(b) Effective July 1, 1994, the surcharge in paragraph (a) shall be increased to $625. 178.19(c) Effective August 15, 2002, the surcharge under paragraph (b) shall be increased 178.20to $990. 178.21(d) Effective July 15, 2003, the surcharge under paragraph (c) shall be increased 178.22to $2,815. 178.23(e) The commissioner may reduce, and may subsequently restore, the surcharge 178.24under paragraph (d) based on the commissioner's determination of a permissible surcharge. 178.25(f) Between April 1, 2002, and August 15, 2004, a facility governed by this 178.26subdivision may elect to assume full participation in the medical assistance program 178.27by agreeing to comply with all of the requirements of the medical assistance program, 178.28including the rate equalization law in section 256B.48, subdivision 1, paragraph (a), and 178.29all other requirements established in law or rule, and to begin intake of new medical 178.30assistance recipients. Rates will be determined under Minnesota Rules, parts 9549.0010 178.31to 9549.0080. Notwithstanding section 256B.431, subdivision 27, paragraph (i), Rate 178.32calculations will be subject to limits as prescribed in rule and law. Other than the 178.33adjustments in sections 256B.431, subdivisions 30 and 32; 256B.437, subdivision 3, 178.34paragraph (b), Minnesota Rules, part 9549.0057, and any other applicable legislation 178.35enacted prior to the finalization of rates, facilities assuming full participation in medical 179.1assistance under this paragraph are not eligible for any rate adjustments until the July 1 179.2following their settle-up period. 179.3    Sec. 11. Minnesota Statutes 2010, section 256B.0625, subdivision 19c, is amended to 179.4read: 179.5    Subd. 19c. Personal care. Medical assistance covers personal care assistance 179.6services provided by an individual who is qualified to provide the services according to 179.7subdivision 19a and sections 256B.0651 to 256B.0656, provided in accordance with a 179.8plan, and supervised by a qualified professional. 179.9    "Qualified professional" means a mental health professional as defined in section 179.10245.462, subdivision 18 , new text begin clauses (1) to (6), new text end or 245.4871, subdivision 27 new text begin , clauses (1) to (6) new text end ; 179.11or a registered nurse as defined in sections 148.171 to 148.285, a licensed social worker 179.12as defined in sections 148D.010 and 148D.055, or a qualified developmental disabilities 179.13specialist under section 245B.07, subdivision 4. The qualified professional shall perform 179.14the duties required in section 256B.0659. 179.15    Sec. 12. Minnesota Statutes 2010, section 256B.0659, subdivision 1, is amended to 179.16read: 179.17    Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in 179.18paragraphs (b) to (r) have the meanings given unless otherwise provided in text. 179.19    (b) "Activities of daily living" means grooming, dressing, bathing, transferring, 179.20mobility, positioning, eating, and toileting. 179.21    (c) "Behavior," effective January 1, 2010, means a category to determine the home 179.22care rating and is based on the criteria found in this section. "Level I behavior" means 179.23physical aggression towards self, others, or destruction of property that requires the 179.24immediate response of another person. 179.25    (d) "Complex health-related needs," effective January 1, 2010, means a category to 179.26determine the home care rating and is based on the criteria found in this section. 179.27    (e) "Critical activities of daily living," effective January 1, 2010, means transferring, 179.28mobility, eating, and toileting. 179.29    (f) "Dependency in activities of daily living" means a person requires assistance to 179.30begin and complete one or more of the activities of daily living. 179.31    (g) "Extended personal care assistance service" means personal care assistance 179.32services included in a service plan under one of the home and community-based services 179.33waivers authorized under sections 256B.0915, 256B.092, subdivision 5, and 256B.49, 180.1which exceed the amount, duration, and frequency of the state plan personal care 180.2assistance services for participants who: 180.3    (1) need assistance provided periodically during a week, but less than daily will not 180.4be able to remain in their homes without the assistance, and other replacement services 180.5are more expensive or are not available when personal care assistance services are to 180.6be terminated new text begin reduced new text end ; or 180.7    (2) need additional personal care assistance services beyond the amount authorized 180.8by the state plan personal care assistance assessment in order to ensure that their safety, 180.9health, and welfare are provided for in their homes. 180.10    (h) "Health-related procedures and tasks" means procedures and tasks that can 180.11be delegated or assigned by a licensed health care professional under state law to be 180.12performed by a personal care assistant. 180.13    (i) "Instrumental activities of daily living" means activities to include meal planning 180.14and preparation; basic assistance with paying bills; shopping for food, clothing, and other 180.15essential items; performing household tasks integral to the personal care assistance 180.16services; communication by telephone and other media; and traveling, including to 180.17medical appointments and to participate in the community. 180.18    (j) "Managing employee" has the same definition as Code of Federal Regulations, 180.19title 42, section 455. 180.20    (k) "Qualified professional" means a professional providing supervision of personal 180.21care assistance services and staff as defined in section 256B.0625, subdivision 19c. 180.22    (l) "Personal care assistance provider agency" means a medical assistance enrolled 180.23provider that provides or assists with providing personal care assistance services and 180.24includes a personal care assistance provider organization, personal care assistance choice 180.25agency, class A licensed nursing agency, and Medicare-certified home health agency. 180.26    (m) "Personal care assistant" or "PCA" means an individual employed by a personal 180.27care assistance agency who provides personal care assistance services. 180.28    (n) "Personal care assistance care plan" means a written description of personal 180.29care assistance services developed by the personal care assistance provider according 180.30to the service plan. 180.31    (o) "Responsible party" means an individual who is capable of providing the support 180.32necessary to assist the recipient to live in the community. 180.33    (p) "Self-administered medication" means medication taken orally, by injection or 180.34insertion, or applied topically without the need for assistance. 180.35    (q) "Service plan" means a written summary of the assessment and description of the 180.36services needed by the recipient. 181.1    (r) "Wages and benefits" means wages and salaries, the employer's share of FICA 181.2taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, 181.3mileage reimbursement, health and dental insurance, life insurance, disability insurance, 181.4long-term care insurance, uniform allowance, and contributions to employee retirement 181.5accounts. 181.6    Sec. 13. Minnesota Statutes 2010, section 256B.0659, subdivision 3, is amended to 181.7read: 181.8    Subd. 3. Noncovered personal care assistance services. (a) Personal care 181.9assistance services are not eligible for medical assistance payment under this section 181.10when provided: 181.11    (1) by the recipient's spouse, parent of a recipient under the age of 18, paid legal 181.12guardian, licensed foster provider, except as allowed under section 256B.0652, subdivision 181.1310 , or responsible party; 181.14    (2) in lieu of other staffing options new text begin order to meet staffing or license requirements new text end in a 181.15residential or child care setting; 181.16    (3) solely as a child care or babysitting service; or 181.17    (4) without authorization by the commissioner or the commissioner's designee. 181.18    (b) The following personal care services are not eligible for medical assistance 181.19payment under this section when provided in residential settings: 181.20    (1) effective January 1, 2010, when the provider of home care services who is not 181.21related by blood, marriage, or adoption owns or otherwise controls the living arrangement, 181.22including licensed or unlicensed services; or 181.23    (2) when personal care assistance services are the responsibility of a residential or 181.24program license holder under the terms of a service agreement and administrative rules. 181.25    (c) Other specific tasks not covered under paragraph (a) or (b) that are not eligible 181.26for medical assistance reimbursement for personal care assistance services under this 181.27section include: 181.28    (1) sterile procedures; 181.29    (2) injections of fluids and medications into veins, muscles, or skin; 181.30    (3) home maintenance or chore services; 181.31    (4) homemaker services not an integral part of assessed personal care assistance 181.32services needed by a recipient; 181.33    (5) application of restraints or implementation of procedures under section 245.825; 182.1    (6) instrumental activities of daily living for children under the age of 18, except 182.2when immediate attention is needed for health or hygiene reasons integral to the personal 182.3care services and the need is listed in the service plan by the assessor; and 182.4    (7) assessments for personal care assistance services by personal care assistance 182.5provider agencies or by independently enrolled registered nurses. 182.6    Sec. 14. Minnesota Statutes 2010, section 256B.0659, subdivision 9, is amended to 182.7read: 182.8    Subd. 9. Responsible party; generally. (a) "Responsible party" means an 182.9individual who is capable of providing the support necessary to assist the recipient to live 182.10in the community. 182.11    (b) A responsible party must be 18 years of age, actively participate in planning and 182.12directing of personal care assistance services, and attend all assessments for the recipient. 182.13    (c) A responsible party must not be the: 182.14    (1) personal care assistant; 182.15    (2) new text begin qualified professional; new text end 182.16     new text begin (3) new text end home care provider agency owner or staff new text begin manager new text end ; or 182.17     new text begin (4) home care provider agency staff unless staff who are not listed in clauses (1) to new text end 182.18 new text begin (3) are related to the recipient by blood, marriage, or adoption; or new text end 182.19    (3) new text begin (5) new text end county staff acting as part of employment. 182.20    (d) A licensed family foster parent who lives with the recipient may be the 182.21responsible party as long as the family foster parent meets the other responsible party 182.22requirements. 182.23    (e) A responsible party is required when: 182.24    (1) the person is a minor according to section 524.5-102, subdivision 10; 182.25    (2) the person is an incapacitated adult according to section 524.5-102, subdivision 182.266 , resulting in a court-appointed guardian; or 182.27    (3) the assessment according to subdivision 3a determines that the recipient is in 182.28need of a responsible party to direct the recipient's care. 182.29    (f) There may be two persons designated as the responsible party for reasons such 182.30as divided households and court-ordered custodies. Each person named as responsible 182.31party must meet the program criteria and responsibilities. 182.32    (g) The recipient or the recipient's legal representative shall appoint a responsible 182.33party if necessary to direct and supervise the care provided to the recipient. The 182.34responsible party must be identified at the time of assessment and listed on the recipient's 182.35service agreement and personal care assistance care plan. 183.1    Sec. 15. Minnesota Statutes 2011 Supplement, section 256B.0659, subdivision 11, 183.2is amended to read: 183.3    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant 183.4must meet the following requirements: 183.5    (1) be at least 18 years of age with the exception of persons who are 16 or 17 years 183.6of age with these additional requirements: 183.7    (i) supervision by a qualified professional every 60 days; and 183.8    (ii) employment by only one personal care assistance provider agency responsible 183.9for compliance with current labor laws; 183.10    (2) be employed by a personal care assistance provider agency; 183.11    (3) enroll with the department as a personal care assistant after clearing a background 183.12study. Except as provided in subdivision 11a, before a personal care assistant provides 183.13services, the personal care assistance provider agency must initiate a background study on 183.14the personal care assistant under chapter 245C, and the personal care assistance provider 183.15agency must have received a notice from the commissioner that the personal care assistant 183.16is: 183.17    (i) not disqualified under section 245C.14; or 183.18    (ii) is disqualified, but the personal care assistant has received a set aside of the 183.19disqualification under section 245C.22; 183.20    (4) be able to effectively communicate with the recipient and personal care 183.21assistance provider agency; 183.22    (5) be able to provide covered personal care assistance services according to the 183.23recipient's personal care assistance care plan, respond appropriately to recipient needs, 183.24and report changes in the recipient's condition to the supervising qualified professional 183.25or physician; 183.26    (6) not be a consumer of personal care assistance services; 183.27    (7) maintain daily written records including, but not limited to, time sheets under 183.28subdivision 12; 183.29    (8) effective January 1, 2010, complete standardized training as determined 183.30by the commissioner before completing enrollment. The training must be available 183.31in languages other than English and to those who need accommodations due to 183.32disabilities. Personal care assistant training must include successful completion of the 183.33following training components: basic first aid, vulnerable adult, child maltreatment, 183.34OSHA universal precautions, basic roles and responsibilities of personal care assistants 183.35including information about assistance with lifting and transfers for recipients, emergency 183.36preparedness, orientation to positive behavioral practices, fraud issues, and completion of 184.1time sheets. Upon completion of the training components, the personal care assistant must 184.2demonstrate the competency to provide assistance to recipients; 184.3    (9) complete training and orientation on the needs of the recipient within the first 184.4seven days after the services begin; and 184.5    (10) be limited to providing and being paid for up to 275 hours per month, except 184.6that this limit shall be 275 hours per month for the period July 1, 2009, through June 30, 184.72011, of personal care assistance services regardless of the number of recipients being 184.8served or the number of personal care assistance provider agencies enrolled with. The 184.9number of hours worked per day shall not be disallowed by the department unless in 184.10violation of the law. 184.11    (b) A legal guardian may be a personal care assistant if the guardian is not being paid 184.12for the guardian services and meets the criteria for personal care assistants in paragraph (a). 184.13    (c) Persons who do not qualify as a personal care assistant include parents and new text begin , new text end 184.14stepparents new text begin , and legal guardians new text end of minors, new text begin ; new text end spouses, new text begin ; new text end paid legal guardians, new text begin of adults; new text end 184.15family foster care providers, except as otherwise allowed in section 256B.0625, 184.16subdivision 19a , or new text begin ; and new text end staff of a residential setting. When the personal care assistant is a 184.17relative of the recipient, the commissioner shall pay 80 percent of the provider rate. For 184.18purposes of this section, relative means the parent or adoptive parent of an adult child, a 184.19sibling aged 16 years or older, an adult child, a grandparent, or a grandchild. 184.20    Sec. 16. Minnesota Statutes 2010, section 256B.0659, subdivision 13, is amended to 184.21read: 184.22    Subd. 13. Qualified professional; qualifications. (a) The qualified professional 184.23must work for a personal care assistance provider agency and meet the definition under 184.24section 256B.0625, subdivision 19c. Before a qualified professional provides services, the 184.25personal care assistance provider agency must initiate a background study on the qualified 184.26professional under chapter 245C, and the personal care assistance provider agency must 184.27have received a notice from the commissioner that the qualified professional: 184.28    (1) is not disqualified under section 245C.14; or 184.29    (2) is disqualified, but the qualified professional has received a set aside of the 184.30disqualification under section 245C.22. 184.31    (b) The qualified professional shall perform the duties of training, supervision, and 184.32evaluation of the personal care assistance staff and evaluation of the effectiveness of 184.33personal care assistance services. The qualified professional shall: 184.34    (1) develop and monitor with the recipient a personal care assistance care plan based 184.35on the service plan and individualized needs of the recipient; 185.1    (2) develop and monitor with the recipient a monthly plan for the use of personal 185.2care assistance services; 185.3    (3) review documentation of personal care assistance services provided; 185.4    (4) provide training and ensure competency for the personal care assistant in the 185.5individual needs of the recipient; and 185.6    (5) document all training, communication, evaluations, and needed actions to 185.7improve performance of the personal care assistants. 185.8    (c) Effective July 1, 2010 new text begin 2011 new text end , the qualified professional shall complete the provider 185.9training with basic information about the personal care assistance program approved by 185.10the commissioner new text begin . Newly hired qualified professionals must complete the training new text end within 185.11six months of the date hired by a personal care assistance provider agency. Qualified 185.12professionals who have completed the required training as a worker from a personal care 185.13assistance provider agency do not need to repeat the required training if they are hired 185.14by another agency, if they have completed the training within the last three years. The 185.15required training shall new text begin must new text end be available in languages other than English and to those who 185.16need accommodations due to disabilities, new text begin with meaningful access according to title VI of new text end 185.17 new text begin the Civil Rights Act and federal regulations adopted under that law or any guidance from new text end 185.18 new text begin the United States Health and Human Services Department. The required training must new text end 185.19 new text begin be available new text end online, or by electronic remote connection, and new text begin . The required training must new text end 185.20provide for competency testing to demonstrate an understanding of the content without 185.21attending in-person training. A qualified professional is allowed to be employed and is not 185.22subject to the training requirement until the training is offered online or through remote 185.23electronic connection. A qualified professional employed by a personal care assistance 185.24provider agency certified for participation in Medicare as a home health agency is exempt 185.25from the training required in this subdivision. new text begin When available, the qualified professional new text end 185.26 new text begin working for a Medicare-certified home health agency must successfully complete the new text end 185.27 new text begin competency test. new text end The commissioner shall ensure there is a mechanism in place to verify 185.28the identity of persons completing the competency testing electronically. 185.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2011. new text end 185.30    Sec. 17. Minnesota Statutes 2010, section 256B.0659, subdivision 14, is amended to 185.31read: 185.32    Subd. 14. Qualified professional; duties. (a) Effective January 1, 2010, all personal 185.33care assistants must be supervised by a qualified professional. 186.1    (b) Through direct training, observation, return demonstrations, and consultation 186.2with the staff and the recipient, the qualified professional must ensure and document 186.3that the personal care assistant is: 186.4    (1) capable of providing the required personal care assistance services; 186.5    (2) knowledgeable about the plan of personal care assistance services before services 186.6are performed; and 186.7    (3) able to identify conditions that should be immediately brought to the attention of 186.8the qualified professional. 186.9    (c) The qualified professional shall evaluate the personal care assistant within the 186.10first 14 days of starting to provide regularly scheduled services for a recipient new text begin , or sooner as new text end 186.11 new text begin determined by the qualified professional, new text end except for the personal care assistance choice 186.12option under subdivision 19, paragraph (a), clause (4). For the initial evaluation, the 186.13qualified professional shall evaluate the personal care assistance services for a recipient 186.14through direct observation of a personal care assistant's work. new text begin The qualified professional new text end 186.15 new text begin may conduct additional training and evaluation visits, based upon the needs of the new text end 186.16 new text begin recipient and the personal care assistant's ability to meet those needs. new text end Subsequent visits to 186.17evaluate the personal care assistance services provided to a recipient do not require direct 186.18observation of each personal care assistant's work and shall occur: 186.19    (1) at least every 90 days thereafter for the first year of a recipient's services; 186.20    (2) every 120 days after the first year of a recipient's service or whenever needed for 186.21response to a recipient's request for increased supervision of the personal care assistance 186.22staff; and 186.23    (3) after the first 180 days of a recipient's service, supervisory visits may alternate 186.24between unscheduled phone or Internet technology and in-person visits, unless the 186.25in-person visits are needed according to the care plan. 186.26    (d) Communication with the recipient is a part of the evaluation process of the 186.27personal care assistance staff. 186.28    (e) At each supervisory visit, the qualified professional shall evaluate personal care 186.29assistance services including the following information: 186.30    (1) satisfaction level of the recipient with personal care assistance services; 186.31    (2) review of the month-to-month plan for use of personal care assistance services; 186.32    (3) review of documentation of personal care assistance services provided; 186.33    (4) whether the personal care assistance services are meeting the goals of the service 186.34as stated in the personal care assistance care plan and service plan; 186.35    (5) a written record of the results of the evaluation and actions taken to correct any 186.36deficiencies in the work of a personal care assistant; and 187.1    (6) revision of the personal care assistance care plan as necessary in consultation 187.2with the recipient or responsible party, to meet the needs of the recipient. 187.3    (f) The qualified professional shall complete the required documentation in the 187.4agency recipient and employee files and the recipient's home, including the following 187.5documentation: 187.6    (1) the personal care assistance care plan based on the service plan and individualized 187.7needs of the recipient; 187.8    (2) a month-to-month plan for use of personal care assistance services; 187.9    (3) changes in need of the recipient requiring a change to the level of service and the 187.10personal care assistance care plan; 187.11    (4) evaluation results of supervision visits and identified issues with personal care 187.12assistance staff with actions taken; 187.13    (5) all communication with the recipient and personal care assistance staff; and 187.14    (6) hands-on training or individualized training for the care of the recipient. 187.15    (g) The documentation in paragraph (f) must be done on agency forms new text begin templates new text end . 187.16    (h) The services that are not eligible for payment as qualified professional services 187.17include: 187.18    (1) direct professional nursing tasks that could be assessed and authorized as skilled 187.19nursing tasks; 187.20    (2) supervision of personal care assistance completed by telephone; 187.21    (3) new text begin (2) new text end agency administrative activities; 187.22    (4) new text begin (3) new text end training other than the individualized training required to provide care for a 187.23recipient; and 187.24    (5) new text begin (4) new text end any other activity that is not described in this section. 187.25    Sec. 18. Minnesota Statutes 2010, section 256B.0659, subdivision 19, is amended to 187.26read: 187.27    Subd. 19. Personal care assistance choice option; qualifications; duties. (a) 187.28Under personal care assistance choice, the recipient or responsible party shall: 187.29    (1) recruit, hire, schedule, and terminate personal care assistants according to the 187.30terms of the written agreement required under subdivision 20, paragraph (a); 187.31    (2) develop a personal care assistance care plan based on the assessed needs 187.32and addressing the health and safety of the recipient with the assistance of a qualified 187.33professional as needed; 187.34    (3) orient and train the personal care assistant with assistance as needed from the 187.35qualified professional; 188.1    (4) effective January 1, 2010, supervise and evaluate the personal care assistant with 188.2the qualified professional, who is required to visit the recipient at least every 180 days; 188.3    (5) monitor and verify in writing and report to the personal care assistance choice 188.4agency the number of hours worked by the personal care assistant and the qualified 188.5professional; 188.6    (6) engage in an annual face-to-face reassessment to determine continuing eligibility 188.7and service authorization; and 188.8    (7) use the same personal care assistance choice provider agency if shared personal 188.9assistance care is being used. 188.10    (b) The personal care assistance choice provider agency shall: 188.11    (1) meet all personal care assistance provider agency standards; 188.12    (2) enter into a written agreement with the recipient, responsible party, and personal 188.13care assistants; 188.14    (3) not be related as a parent, child, sibling, or spouse to the recipient, qualified 188.15professional, or the personal care assistant; and 188.16    (4) ensure arm's-length transactions without undue influence or coercion with the 188.17recipient and personal care assistant. 188.18    (c) The duties of the personal care assistance choice provider agency are to: 188.19    (1) be the employer of the personal care assistant and the qualified professional for 188.20employment law and related regulations including, but not limited to, purchasing and 188.21maintaining workers' compensation, unemployment insurance, surety and fidelity bonds, 188.22and liability insurance, and submit any or all necessary documentation including, but not 188.23limited to, workers' compensation and unemployment insurance; 188.24    (2) bill the medical assistance program for personal care assistance services and 188.25qualified professional services; 188.26    (3) request and complete background studies that comply with the requirements for 188.27personal care assistants and qualified professionals; 188.28    (4) pay the personal care assistant and qualified professional based on actual hours 188.29of services provided; 188.30    (5) withhold and pay all applicable federal and state taxes; 188.31    (6) verify and keep records of hours worked by the personal care assistant and 188.32qualified professional; 188.33    (7) make the arrangements and pay taxes and other benefits, if any, and comply with 188.34any legal requirements for a Minnesota employer; 188.35    (8) enroll in the medical assistance program as a personal care assistance choice 188.36agency; and 189.1    (9) enter into a written agreement as specified in subdivision 20 before services 189.2are provided. 189.3    Sec. 19. Minnesota Statutes 2010, section 256B.0659, subdivision 21, is amended to 189.4read: 189.5    Subd. 21. Requirements for initial enrollment of personal care assistance 189.6provider agencies. (a) All personal care assistance provider agencies must provide, at the 189.7time of enrollment as a personal care assistance provider agency in a format determined 189.8by the commissioner, information and documentation that includes, but is not limited to, 189.9the following: 189.10    (1) the personal care assistance provider agency's current contact information 189.11including address, telephone number, and e-mail address; 189.12    (2) proof of surety bond coverage in the amount of $50,000 or ten percent of the 189.13provider's payments from Medicaid in the previous year, whichever is less; 189.14    (3) proof of fidelity bond coverage in the amount of $20,000; 189.15    (4) proof of workers' compensation insurance coverage; 189.16    (5) proof of liability insurance; 189.17    (6) a description of the personal care assistance provider agency's organization 189.18identifying the names of all owners, managing employees, staff, board of directors, and 189.19the affiliations of the directors, owners, or staff to other service providers; 189.20    (7) a copy of the personal care assistance provider agency's written policies and 189.21procedures including: hiring of employees; training requirements; service delivery; 189.22and employee and consumer safety including process for notification and resolution 189.23of consumer grievances, identification and prevention of communicable diseases, and 189.24employee misconduct; 189.25    (8) copies of all other forms the personal care assistance provider agency uses in 189.26the course of daily business including, but not limited to: 189.27    (i) a copy of the personal care assistance provider agency's time sheet if the time 189.28sheet varies from the standard time sheet for personal care assistance services approved 189.29by the commissioner, and a letter requesting approval of the personal care assistance 189.30provider agency's nonstandard time sheet; 189.31    (ii) the personal care assistance provider agency's template for the personal care 189.32assistance care plan; and 189.33    (iii) the personal care assistance provider agency's template for the written 189.34agreement in subdivision 20 for recipients using the personal care assistance choice 189.35option, if applicable; 190.1    (9) a list of all training and classes that the personal care assistance provider agency 190.2requires of its staff providing personal care assistance services; 190.3    (10) documentation that the personal care assistance provider agency and staff have 190.4successfully completed all the training required by this section; 190.5    (11) documentation of the agency's marketing practices; 190.6    (12) disclosure of ownership, leasing, or management of all residential properties 190.7that is used or could be used for providing home care services; 190.8    (13) documentation that the agency will use the following percentages of revenue 190.9generated from the medical assistance rate paid for personal care assistance services 190.10for employee personal care assistant wages and benefits: 72.5 percent of revenue in the 190.11personal care assistance choice option and 72.5 percent of revenue from other personal 190.12care assistance providers; and 190.13    (14) effective May 15, 2010, documentation that the agency does not burden 190.14recipients' free exercise of their right to choose service providers by requiring personal 190.15care assistants to sign an agreement not to work with any particular personal care 190.16assistance recipient or for another personal care assistance provider agency after leaving 190.17the agency and that the agency is not taking action on any such agreements or requirements 190.18regardless of the date signed. 190.19    (b) Personal care assistance provider agencies shall provide the information specified 190.20in paragraph (a) to the commissioner at the time the personal care assistance provider 190.21agency enrolls as a vendor or upon request from the commissioner. The commissioner 190.22shall collect the information specified in paragraph (a) from all personal care assistance 190.23providers beginning July 1, 2009. 190.24    (c) All personal care assistance provider agencies shall require all employees in 190.25management and supervisory positions and owners of the agency who are active in the 190.26day-to-day management and operations of the agency to complete mandatory training 190.27as determined by the commissioner before enrollment of the agency as a provider. 190.28Employees in management and supervisory positions and owners who are active in 190.29the day-to-day operations of an agency who have completed the required training as 190.30an employee with a personal care assistance provider agency do not need to repeat 190.31the required training if they are hired by another agency, if they have completed the 190.32training within the past three years. By September 1, 2010, the required training must be 190.33available in languages other than English and to those who need accommodations due 190.34to disabilities, new text begin with meaningful access according to title VI of the Civil Rights Act and new text end 190.35 new text begin federal regulations adopted under that law or any guidance from the United States Health new text end 190.36 new text begin and Human Services Department. The required training must be available new text end online, or by 191.1electronic remote connection, and new text begin . The required training must new text end provide for competency 191.2testing. Personal care assistance provider agency billing staff shall complete training about 191.3personal care assistance program financial management. This training is effective July 1, 191.42009. Any personal care assistance provider agency enrolled before that date shall, if it 191.5has not already, complete the provider training within 18 months of July 1, 2009. Any new 191.6owners or employees in management and supervisory positions involved in the day-to-day 191.7operations are required to complete mandatory training as a requisite of working for the 191.8agency. Personal care assistance provider agencies certified for participation in Medicare 191.9as home health agencies are exempt from the training required in this subdivision. new text begin When new text end 191.10 new text begin available, Medicare-certified home health agency owners, supervisors, or managers must new text end 191.11 new text begin successfully complete the competency test. new text end 191.12    Sec. 20. Minnesota Statutes 2010, section 256B.0659, subdivision 30, is amended to 191.13read: 191.14    Subd. 30. Notice of service changes to recipients. The commissioner must provide: 191.15    (1) by October 31, 2009, information to recipients likely to be affected that (i) 191.16describes the changes to the personal care assistance program that may result in the 191.17loss of access to personal care assistance services, and (ii) includes resources to obtain 191.18further information; new text begin and new text end 191.19    (2) notice of changes in medical assistance personal care assistance services to each 191.20affected recipient at least 30 days before the effective date of the change. 191.21The notice shall include how to get further information on the changes, how to get help to 191.22obtain other services, a list of community resources, and appeal rights. Notwithstanding 191.23section , a recipient may request continued services pending appeal within the 191.24time period allowed to request an appeal; and 191.25    (3) new text begin (2) new text end a service agreement authorizing personal care assistance hours of service at 191.26the previously authorized level, throughout the appeal process period, when a recipient 191.27requests services pending an appeal. 191.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 191.29    Sec. 21. Minnesota Statutes 2010, section 256B.0916, subdivision 7, is amended to 191.30read: 191.31    Subd. 7. Annual report by commissioner. new text begin (a) new text end Beginning November 1, 2001, and 191.32each November 1 thereafter, the commissioner shall issue an annual report on county and 192.1state use of available resources for the home and community-based waiver for persons with 192.2developmental disabilities. For each county or county partnership, the report shall include: 192.3    (1) the amount of funds allocated but not used; 192.4    (2) the county specific allowed reserve amount approved and used; 192.5    (3) the number, ages, and living situations of individuals screened and waiting for 192.6services; 192.7    (4) the urgency of need for services to begin within one, two, or more than two 192.8years for each individual; 192.9    (5) the services needed; 192.10    (6) the number of additional persons served by approval of increased capacity within 192.11existing allocations; 192.12    (7) results of action by the commissioner to streamline administrative requirements 192.13and improve county resource management; and 192.14    (8) additional action that would decrease the number of those eligible and waiting 192.15for waivered services. 192.16The commissioner shall specify intended outcomes for the program and the degree to 192.17which these specified outcomes are attained. 192.18     new text begin (b) This subdivision expires January 1, 2013. new text end 192.19    Sec. 22. Minnesota Statutes 2010, section 256B.092, subdivision 11, is amended to 192.20read: 192.21    Subd. 11. Residential support services. (a) Upon federal approval, there is 192.22established a new service called residential support that is available on the community 192.23alternative care, community alternatives for disabled individuals, developmental 192.24disabilities, and traumatic brain injury waivers. Existing waiver service descriptions 192.25must be modified to the extent necessary to ensure there is no duplication between 192.26other services. Residential support services must be provided by vendors licensed as a 192.27community residential setting as defined in section 245A.11, subdivision 8. 192.28    (b) Residential support services must meet the following criteria: 192.29    (1) providers of residential support services must own or control the residential site; 192.30    (2) the residential site must not be the primary residence of the license holder; 192.31    (3) the residential site must have a designated program supervisor responsible for 192.32program oversight, development, and implementation of policies and procedures; 192.33    (4) the provider of residential support services must provide supervision, training, 192.34and assistance as described in the person's community support plan; and 193.1    (5) the provider of residential support services must meet the requirements of 193.2licensure and additional requirements of the person's community support plan. 193.3    (c) Providers of residential support services that meet the definition in paragraph 193.4(a) must be registered using a process determined by the commissioner beginning July 193.51, 2009. new text begin Providers licensed to provide child foster care under Minnesota Rules, parts new text end 193.6 new text begin 2960.3000 to 2960.3340, or adult foster care licensed under Minnesota Rules, parts new text end 193.7 new text begin 9555.5105 to 9555.6265, and that meet the requirements in section 245A.03, subdivision new text end 193.8 new text begin 7, paragraph (e), are considered registered under this section. new text end 193.9    Sec. 23. Minnesota Statutes 2010, section 256B.096, subdivision 5, is amended to read: 193.10    Subd. 5. Biennial report. new text begin (a) new text end The commissioner shall provide a biennial report to 193.11the chairs of the legislative committees with jurisdiction over health and human services 193.12policy and funding beginning January 15, 2009, on the development and activities of the 193.13quality management, assurance, and improvement system designed to meet the federal 193.14requirements under the home and community-based services waiver programs for persons 193.15with disabilities. By January 15, 2008, the commissioner shall provide a preliminary 193.16report on priorities for meeting the federal requirements, progress on development and 193.17field testing of the annual survey, appropriations necessary to implement an annual survey 193.18of service recipients once field testing is completed, recommendations for improvements 193.19in the incident reporting system, and a plan for incorporating quality assurance efforts 193.20under section 256B.095 and other regional efforts into the statewide system. 193.21     new text begin (b) This subdivision expires January 1, 2013. new text end 193.22    Sec. 24. Minnesota Statutes 2010, section 256B.441, subdivision 13, is amended to 193.23read: 193.24    Subd. 13. External fixed costs. "External fixed costs" means costs related to the 193.25nursing home surcharge under section 256.9657, subdivision 1; licensure fees under 193.26section 144.122; long-term care consultation fees under section 256B.0911, subdivision 6; 193.27family advisory council fee under section 144A.33; scholarships under section 256B.431, 193.28subdivision 36 ; planned closure rate adjustments under section or 256B.437; or 193.29single bed room incentives under section 256B.431, subdivision 42; property taxes and 193.30property insurance; and PERA. 193.31    Sec. 25. Minnesota Statutes 2010, section 256B.441, subdivision 31, is amended to 193.32read: 194.1    Subd. 31. Prior system operating cost payment rate. "Prior system operating 194.2cost payment rate" means the operating cost payment rate in effect on September 30, 194.32008, under Minnesota Rules and Minnesota Statutes, not including planned closure rate 194.4adjustments under section or 256B.437, or single bed room incentives under 194.5section 256B.431, subdivision 42. 194.6    Sec. 26. Minnesota Statutes 2010, section 256B.441, subdivision 53, is amended to 194.7read: 194.8    Subd. 53. Calculation of payment rate for external fixed costs. The commissioner 194.9shall calculate a payment rate for external fixed costs. 194.10    (a) For a facility licensed as a nursing home, the portion related to section 256.9657 194.11shall be equal to $8.86. For a facility licensed as both a nursing home and a boarding care 194.12home, the portion related to section 256.9657 shall be equal to $8.86 multiplied by the 194.13result of its number of nursing home beds divided by its total number of licensed beds. 194.14    (b) The portion related to the licensure fee under section 144.122, paragraph (d), 194.15shall be the amount of the fee divided by actual resident days. 194.16    (c) The portion related to scholarships shall be determined under section 256B.431, 194.17subdivision 36. 194.18    (d) The portion related to long-term care consultation shall be determined according 194.19to section 256B.0911, subdivision 6. 194.20    (e) The portion related to development and education of resident and family advisory 194.21councils under section 144A.33 shall be $5 divided by 365. 194.22    (f) The portion related to planned closure rate adjustments shall be as determined 194.23under sections and new text begin section new text end 256B.437, subdivision 6 new text begin , and Minnesota Statutes new text end 194.24 new text begin 2010, section 256B.436 new text end . Planned closure rate adjustments that take effect before October 194.251, 2014, shall no longer be included in the payment rate for external fixed costs beginning 194.26October 1, 2016. Planned closure rate adjustments that take effect on or after October 1, 194.272014, shall no longer be included in the payment rate for external fixed costs beginning on 194.28October 1 of the first year not less than two years after their effective date. 194.29    (g) The portions related to property insurance, real estate taxes, special assessments, 194.30and payments made in lieu of real estate taxes directly identified or allocated to the nursing 194.31facility shall be the actual amounts divided by actual resident days. 194.32    (h) The portion related to the Public Employees Retirement Association shall be 194.33actual costs divided by resident days. 194.34    (i) The single bed room incentives shall be as determined under section 256B.431, 194.35subdivision 42. Single bed room incentives that take effect before October 1, 2014, shall 195.1no longer be included in the payment rate for external fixed costs beginning October 1, 195.22016. Single bed room incentives that take effect on or after October 1, 2014, shall no 195.3longer be included in the payment rate for external fixed costs beginning on October 1 of 195.4the first year not less than two years after their effective date. 195.5    (j) The payment rate for external fixed costs shall be the sum of the amounts in 195.6paragraphs (a) to (i). 195.7    Sec. 27. Minnesota Statutes 2010, section 256B.49, subdivision 21, is amended to read: 195.8    Subd. 21. Report. new text begin (a) new text end The commissioner shall expand on the annual report required 195.9under section 256B.0916, subdivision 7, to include information on the county of residence 195.10and financial responsibility, age, and major diagnoses for persons eligible for the home 195.11and community-based waivers authorized under subdivision 11 who are: 195.12    (1) receiving those services; 195.13    (2) screened and waiting for waiver services; and 195.14    (3) residing in nursing facilities and are under age 65. 195.15     new text begin (b) This subdivision expires January 1, 2013. new text end 195.16    Sec. 28. Minnesota Statutes 2011 Supplement, section 626.557, subdivision 9, is 195.17amended to read: 195.18    Subd. 9. Common entry point designation. (a) Each county board shall designate 195.19a common entry point for reports of suspected maltreatment. Two or more county boards 195.20may jointly designate a single common entry point. The common entry point is the unit 195.21responsible for receiving the report of suspected maltreatment under this section. 195.22(b) The common entry point must be available 24 hours per day to take calls from 195.23reporters of suspected maltreatment. The common entry point shall use a standard intake 195.24form that includes: 195.25(1) the time and date of the report; 195.26(2) the name, address, and telephone number of the person reporting; 195.27(3) the time, date, and location of the incident; 195.28(4) the names of the persons involved, including but not limited to, perpetrators, 195.29alleged victims, and witnesses; 195.30(5) whether there was a risk of imminent danger to the alleged victim; 195.31(6) a description of the suspected maltreatment; 195.32(7) the disability, if any, of the alleged victim; 195.33(8) the relationship of the alleged perpetrator to the alleged victim; 195.34(9) whether a facility was involved and, if so, which agency licenses the facility; 196.1(10) any action taken by the common entry point; 196.2(11) whether law enforcement has been notified; 196.3(12) whether the reporter wishes to receive notification of the initial and final 196.4reports; and 196.5(13) if the report is from a facility with an internal reporting procedure, the name, 196.6mailing address, and telephone number of the person who initiated the report internally. 196.7(c) The common entry point is not required to complete each item on the form prior 196.8to dispatching the report to the appropriate lead investigative agency. 196.9(d) The common entry point shall immediately report to a law enforcement agency 196.10any incident in which there is reason to believe a crime has been committed. 196.11(e) If a report is initially made to a law enforcement agency or a lead investigative 196.12agency, those agencies shall take the report on the appropriate common entry point intake 196.13forms and immediately forward a copy to the common entry point. 196.14(f) The common entry point staff must receive training on how to screen and 196.15dispatch reports efficiently and in accordance with this section. 196.16(g) When a centralized database is available, the common entry point has access to 196.17the centralized database and must log the reports into the database. new text begin The commissioner of new text end 196.18 new text begin human services shall maintain a centralized database for the collection of common entry new text end 196.19 new text begin point data, lead investigative agency data including maltreatment report disposition, and new text end 196.20 new text begin appeals data. new text end 196.21    Sec. 29. Minnesota Statutes 2011 Supplement, section 626.5572, subdivision 13, 196.22is amended to read: 196.23    Subd. 13. Lead investigative agency. "Lead investigative agency" is the primary 196.24administrative agency responsible for investigating reports made under section 626.557. 196.25(a) The Department of Health is the lead investigative agency for facilities or 196.26services licensed or required to be licensed as hospitals, home care providers, nursing 196.27homes, boarding care homes, hospice providers, residential facilities that are also federally 196.28certified as intermediate care facilities that serve people with developmental disabilities, 196.29or any other facility or service not listed in this subdivision that is licensed or required to 196.30be licensed by the Department of Health for the care of vulnerable adults. "Home care 196.31provider" has the meaning provided in section 144A.43, subdivision 4, and applies when 196.32care or services are delivered in the vulnerable adult's home, whether a private home or a 196.33housing with services establishment registered under chapter 144D, including those that 196.34offer assisted living services under chapter 144G. 197.1(b) new text begin Except as provided under paragraph (c), for services licensed according to new text end 197.2 new text begin chapter 245D, new text end the Department of Human Services is the lead investigative agency for 197.3facilities or services licensed or required to be licensed as adult day care, adult foster care, 197.4programs for people with developmental disabilities, family adult day services, mental 197.5health programs, mental health clinics, chemical dependency programs, the Minnesota 197.6sex offender program, or any other facility or service not listed in this subdivision that is 197.7licensed or required to be licensed by the Department of Human Services. 197.8(c) The county social service agency or its designee is the lead investigative agency 197.9for all other reports, including, but not limited to, reports involving vulnerable adults 197.10receiving services from a personal care provider organization under section 256B.0659 new text begin , new text end 197.11 new text begin or receiving home and community-based services licensed by the Department of Human new text end 197.12 new text begin Services and subject to chapter 245D new text end . 197.13    Sec. 30. Laws 2009, chapter 79, article 8, section 81, as amended by Laws 2010, 197.14chapter 352, article 1, section 24, is amended to read: 197.15    Sec. 81. ESTABLISHING A SINGLE SET OF STANDARDS. 197.16(a) The commissioner of human services shall consult with disability service 197.17providers, advocates, counties, and consumer families to develop a single set of standards, 197.18to be referred to as "quality outcome standards," governing services for people with 197.19disabilities receiving services under the home and community-based waiver services 197.20program new text begin , with the exception of customized living services because the service license new text end 197.21 new text begin is under the jurisdiction of the Department of Health, new text end to replace all or portions of 197.22existing laws and rules including, but not limited to, data practices, licensure of facilities 197.23and providers, background studies, reporting of maltreatment of minors, reporting of 197.24maltreatment of vulnerable adults, and the psychotropic medication checklist. The 197.25standards must: 197.26(1) enable optimum consumer choice; 197.27(2) be consumer driven; 197.28(3) link services to individual needs and life goals; 197.29(4) be based on quality assurance and individual outcomes; 197.30(5) utilize the people closest to the recipient, who may include family, friends, and 197.31health and service providers, in conjunction with the recipient's risk management plan to 197.32assist the recipient or the recipient's guardian in making decisions that meet the recipient's 197.33needs in a cost-effective manner and assure the recipient's health and safety; 197.34(6) utilize person-centered planning; and 197.35(7) maximize federal financial participation. 198.1(b) The commissioner may consult with existing stakeholder groups convened under 198.2the commissioner's authority, including the home and community-based expert services 198.3panel established by the commissioner in 2008, to meet all or some of the requirements 198.4of this section. 198.5(c) The commissioner shall provide the reports and plans required by this section to 198.6the legislative committees and budget divisions with jurisdiction over health and human 198.7services policy and finance by January 15, 2012. 198.8    Sec. 31. new text begin DISABILITY HOME AND COMMUNITY-BASED WAIVER new text end 198.9 new text begin REQUEST. new text end 198.10 new text begin By December 1, 2012, the commissioner shall request all federal approvals and new text end 198.11 new text begin waiver amendments to the disability home and community-based waivers to allow properly new text end 198.12 new text begin licensed adult foster care homes to provide residential services for up to five individuals. new text end 198.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 198.14    Sec. 32. new text begin HOURLY NURSING DETERMINATION MATRIX. new text end 198.15 new text begin A service provider applying for medical assistance payments for private duty nursing new text end 198.16 new text begin services under Minnesota Statutes, section 256B.0654, must complete and submit to the new text end 198.17 new text begin commissioner of human services an hourly nursing determination matrix for each recipient new text end 198.18 new text begin of private duty nursing services. The commissioner of human services will collect and new text end 198.19 new text begin analyze data from the hourly nursing determination matrix. new text end 198.20    Sec. 33. new text begin REPEALER. new text end 198.21 new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 256B.431, subdivisions 2c, 2g, 2i, 2j, 2k, 2l, new text end 198.22 new text begin 2o, 3c, 11, 14, 17b, 17f, 19, 20, 25, 27, and 29; 256B.434, subdivisions 4a, 4b, 4c, 4d, 4e, new text end 198.23 new text begin 4g, 4h, 7, and 8; 256B.435; and 256B.436, new text end new text begin are repealed. new text end 198.24 new text begin (b) new text end new text begin Minnesota Statutes 2011 Supplement, section 256B.431, subdivision 26, new text end new text begin is new text end 198.25 new text begin repealed. new text end 198.26 new text begin (c) new text end new text begin Minnesota Rules, part 9555.7700, new text end new text begin is repealed. new text end 198.27ARTICLE 10 198.28TELEPHONE EQUIPMENT PROGRAM 198.29    Section 1. Minnesota Statutes 2010, section 237.50, is amended to read: 198.30237.50 DEFINITIONS. 199.1    Subdivision 1. Scope. The terms used in sections 237.50 to 237.56 have the 199.2meanings given them in this section. 199.3    Subd. 3. Communication impaired new text begin disability new text end . "Communication impaired new text begin new text end 199.4 new text begin disability new text end " means certified as deaf, severely hearing impaired, hard-of-hearing new text begin having new text end 199.5 new text begin a hearing loss new text end , speech impaired, deaf and blind new text begin disability new text end , or mobility impaired if the 199.6mobility impairment significantly impedes the ability new text begin physical disability that makes it new text end 199.7 new text begin difficult or impossible new text end to use standard customer premises new text begin telecommunications services new text end 199.8 new text begin and new text end equipment. 199.9    Subd. 4. Communication device. "Communication device" means a device that 199.10when connected to a telephone enables a communication-impaired person to communicate 199.11with another person utilizing the telephone system. A "communication device" includes a 199.12ring signaler, an amplification device, a telephone device for the deaf, a Brailling device 199.13for use with a telephone, and any other device the Department of Human Services deems 199.14necessary. 199.15    Subd. 4a. Deaf. "Deaf" means a hearing impairment new text begin loss new text end of such severity that the 199.16individual must depend primarily upon visual communication such as writing, lip reading, 199.17manual communication new text begin sign language new text end , and gestures. 199.18     new text begin Subd. 4b. new text end new text begin Deafblind. new text end new text begin "Deafblind" means any combination of vision and hearing new text end 199.19 new text begin loss which interferes with acquiring information from the environment to the extent that new text end 199.20 new text begin compensatory strategies and skills are necessary to access that or other information. new text end 199.21    Subd. 5. Exchange. "Exchange" means a unit area established and described by the 199.22tariff of a telephone company for the administration of telephone service in a specified 199.23geographical area, usually embracing a city, town, or village and its environs, and served 199.24by one or more central offices, together with associated facilities used in providing 199.25service within that area. 199.26    Subd. 6. Fund. "Fund" means the telecommunications access Minnesota fund 199.27established in section 237.52. 199.28    Subd. 6a. Hard-of-hearing. "Hard-of-hearing" means a hearing impairment new text begin loss new text end 199.29resulting in a functional loss new text begin limitation new text end , but not to the extent that the individual must 199.30depend primarily upon visual communication. 199.31    Subd. 7. Interexchange service. "Interexchange service" means telephone service 199.32between points in two or more exchanges. 199.33    Subd. 8. Inter-LATA interexchange service. "Inter-LATA interexchange service" 199.34means interexchange service originating and terminating in different LATAs. 199.35    Subd. 9. Local access and transport area. "Local access and transport area 199.36(LATA)" means a geographical area designated by the Modification of Final Judgment 200.1in U.S. v. Western Electric Co., Inc., 552 F. Supp. 131 (D.D.C. 1982), including 200.2modifications in effect on the effective date of sections to . 200.3    Subd. 10. Local exchange service. "Local exchange service" means telephone 200.4service between points within an exchange. 200.5     new text begin Subd. 10a. new text end new text begin Telecommunications device. new text end new text begin "Telecommunications device" means new text end 200.6 new text begin a device that (1) allows a person with a communication disability to have access to new text end 200.7 new text begin telecommunications services as defined in subdivision 13, and (2) is specifically new text end 200.8 new text begin selected by the Department of Human Services for its capacity to allow persons with new text end 200.9 new text begin communication disabilities to use telecommunications services in a manner that is new text end 200.10 new text begin functionally equivalent to the ability of an individual who does not have a communication new text end 200.11 new text begin disability. A telecommunications device may include a ring signaler, an amplified new text end 200.12 new text begin telephone, a hands-free telephone, a text telephone, a captioned telephone, a wireless new text end 200.13 new text begin device, a device that produces Braille output for use with a telephone, and any other new text end 200.14 new text begin device the Department of Human Services deems appropriate. new text end 200.15    Subd. 11. Telecommunication new text begin Telecommunications new text end Relay service new text begin Services new text end . 200.16"Telecommunication new text begin Telecommunications new text end Relay service new text begin Services" or "TRS new text end " means 200.17a central statewide service through which a communication-impaired person, 200.18using a communication device, may send and receive messages to and from a 200.19non-communication-impaired person whose telephone is not equipped with a 200.20communication device and through which a non-communication-impaired person 200.21may, by using voice communication, send and receive messages to and from a 200.22communication-impaired person new text begin the telecommunications transmission services required new text end 200.23 new text begin under Federal Communications Commission (FCC) regulations at Code of Federal new text end 200.24 new text begin Regulations, title 47, sections 64.604 to 64.606. TRS allows an individual who has new text end 200.25 new text begin a communication disability to use telecommunications services in a manner that is new text end 200.26 new text begin functionally equivalent to the ability of an individual who does not have a communication new text end 200.27 new text begin disability new text end . 200.28     new text begin Subd. 12. new text end new text begin Telecommunications. new text end new text begin "Telecommunications" means the transmission, new text end 200.29 new text begin between or among points specified by the user, of information of the user's choosing, new text end 200.30 new text begin without change in the form or content of the information as sent and received. new text end 200.31     new text begin Subd. 13. new text end new text begin Telecommunications services. new text end new text begin "Telecommunications services" means new text end 200.32 new text begin the offering of telecommunications for fee directly to the public, or to such classes of users new text end 200.33 new text begin as to be effectively available to the public, regardless of the facilities used. new text end 201.1    Sec. 2. Minnesota Statutes 2010, section 237.51, is amended to read: 201.2237.51 TELECOMMUNICATIONS ACCESS MINNESOTA PROGRAM 201.3ADMINISTRATION. 201.4    Subdivision 1. Creation. The commissioner of commerce shall: 201.5(1) administer through interagency agreement with the commissioner of human 201.6services a program to distribute communication new text begin telecommunications new text end devices to eligible 201.7communication-impaired persons new text begin who have communication disabilities new text end ; and 201.8(2) contract with a new text begin one or more new text end qualified vendor new text begin vendors new text end that serves 201.9communication-impaired new text begin serve new text end persons new text begin who have communication disabilities new text end to create 201.10and maintain a telecommunication new text begin provide telecommunications new text end relay service new text begin services new text end . 201.11For purposes of sections 237.51 to 237.56, the Department of Commerce and any 201.12organization with which it contracts pursuant to this section or section 237.54, subdivision 201.132 , are not telephone companies or telecommunications carriers as defined in section 201.14237.01 . 201.15    Subd. 5. Commissioner of commerce duties. In addition to any duties specified 201.16elsewhere in sections 237.51 to 237.56, the commissioner of commerce shall: 201.17(1) prepare the reports required by section 237.55; 201.18(2) administer the fund created in section 237.52; and 201.19(3) adopt rules under chapter 14 to implement the provisions of sections 237.50 201.20to 237.56. 201.21    Subd. 5a. Department new text begin Commissioner new text end of human services duties. (a) In addition to 201.22any duties specified elsewhere in sections 237.51 to 237.56, the commissioner of human 201.23services shall: 201.24(1) define economic hardship, special needs, and household criteria so as to 201.25determine the priority of eligible applicants for initial distribution of devices and to 201.26determine circumstances necessitating provision of more than one communication new text begin new text end 201.27 new text begin telecommunications new text end device per household; 201.28(2) establish a method to verify eligibility requirements; 201.29(3) establish specifications for communication new text begin telecommunications new text end devices to be 201.30purchased new text begin provided new text end under section 237.53, subdivision 3; and 201.31(4) inform the public and specifically the community of communication-impaired 201.32persons new text begin who have communication disabilities new text end of the program. new text begin ; and new text end 201.33 new text begin (5) provide devices based on the assessed need of eligible applicants. new text end 201.34(b) The commissioner may establish an advisory board to advise the department 201.35in carrying out the duties specified in this section and to advise the commissioner of 202.1commerce in carrying out duties under section 237.54. If so established, the advisory 202.2board must include, at a minimum, the following communication-impaired persons: 202.3(1) at least one member who is deaf; 202.4(2) at least one member who is new text begin has a new text end speech impaired new text begin disability new text end ; 202.5(3) at least one member who is mobility impaired new text begin has a physical disability that new text end 202.6 new text begin makes it difficult or impossible for the person to access telecommunications services new text end ; and 202.7(4) at least one member who is hard-of-hearing. 202.8The membership terms, compensation, and removal of members and the filling of 202.9membership vacancies are governed by section 15.059. Advisory board meetings shall be 202.10held at the discretion of the commissioner. 202.11    Sec. 3. Minnesota Statutes 2010, section 237.52, is amended to read: 202.12237.52 TELECOMMUNICATIONS ACCESS MINNESOTA FUND. 202.13    Subdivision 1. Fund established. A telecommunications access Minnesota fund is 202.14established as an account in the state treasury. Earnings, such as interest, dividends, and 202.15any other earnings arising from fund assets, must be credited to the fund. 202.16    Subd. 2. Assessment. (a) The commissioner of commerce, the commissioner 202.17of employment and economic development, and the commissioner of human services 202.18shall annually recommend to the new text begin Public Utilities new text end Commission new text begin (PUC) new text end an adequate and 202.19appropriate surcharge and budget to implement sections 237.50 to 237.56, 248.062, 202.20and 256C.30, respectively. The maximum annual budget for section 248.062 must not 202.21exceed $100,000 and for section 256C.30 must not exceed $300,000. The Public Utilities 202.22Commission shall review the budgets for reasonableness and may modify the budget 202.23to the extent it is unreasonable. The commission shall annually determine the funding 202.24mechanism to be used within 60 days of receipt of the recommendation of the departments 202.25and shall order the imposition of surcharges effective on the earliest practicable date. The 202.26commission shall establish a monthly charge no greater than 20 cents for each customer 202.27access line, including trunk equivalents as designated by the commission pursuant to 202.28section 403.11, subdivision 1. 202.29(b) If the fund balance falls below a level capable of fully supporting all programs 202.30eligible under subdivision 5 and sections 248.062 and 256C.30, expenditures under 202.31sections 248.062 and 256C.30 shall be reduced on a pro rata basis and expenditures under 202.32sections 237.53 and 237.54 shall be fully funded. Expenditures under sections 248.062 202.33and 256C.30 shall resume at fully funded levels when the commissioner of commerce 202.34determines there is a sufficient fund balance to fully fund those expenditures. 203.1    Subd. 3. Collection. Every telephone company or communications carrier that 203.2provides service new text begin provider of services new text end capable of originating a telecommunications relay new text begin new text end 203.3 new text begin TRS new text end call, including cellular communications and other nonwire access services, in this 203.4state shall collect the charges established by the commission under subdivision 2 and 203.5transfer amounts collected to the commissioner of public safety in the same manner as 203.6provided in section 403.11, subdivision 1, paragraph (d). The commissioner of public 203.7safety must deposit the receipts in the fund established in subdivision 1. 203.8    Subd. 4. Appropriation. Money in the fund is appropriated to the commissioner of 203.9commerce to implement sections 237.51 to 237.56, to the commissioner of employment 203.10and economic development to implement section 248.062, and to the commissioner of 203.11human services to implement section 256C.30. 203.12    Subd. 5. Expenditures. (a) Money in the fund may only be used for: 203.13(1) expenses of the Department of Commerce, including personnel cost, public 203.14relations, advisory board members' expenses, preparation of reports, and other reasonable 203.15expenses not to exceed ten percent of total program expenditures; 203.16(2) reimbursing the commissioner of human services for purchases made or services 203.17provided pursuant to section 237.53; 203.18(3) reimbursing telephone companies for purchases made or services provided 203.19under section 237.53, subdivision 5; and 203.20(4) contracting for establishment and operation of the telecommunication relay 203.21service new text begin the provision of TRS new text end required by section 237.54. 203.22(b) All costs directly associated with the establishment of the program, the purchase 203.23and distribution of communication new text begin telecommunications new text end devices, and the establishment 203.24and operation of the telecommunication relay service new text begin provision of TRS new text end are either 203.25reimbursable or directly payable from the fund after authorization by the commissioner 203.26of commerce. The commissioner of commerce shall contract with the message relay 203.27service operator new text begin one or more TRS providers new text end to indemnify the local exchange carriers of 203.28the relay new text begin telecommunications new text end service new text begin providers new text end for any fines imposed by the Federal 203.29Communications Commission related to the failure of the relay service to comply with 203.30federal service standards. Notwithstanding section 16A.41, the commissioner may 203.31advance money to the contractor of the telecommunication relay service new text begin TRS providers new text end if 203.32the contractor establishes new text begin providers establish new text end to the commissioner's satisfaction that the 203.33advance payment is necessary for the operation new text begin provision new text end of the service. The advance 203.34payment may be used only for working capital reserve for the operation of the service. 203.35The advance payment must be offset or repaid by the end of the contract fiscal year 203.36together with interest accrued from the date of payment. 204.1    Sec. 4. Minnesota Statutes 2010, section 237.53, is amended to read: 204.2237.53 COMMUNICATION new text begin TELECOMMUNICATIONS new text end DEVICE. 204.3    Subdivision 1. Application. A person applying for a communication new text begin new text end 204.4 new text begin telecommunications new text end device under this section must apply to the program administrator on 204.5a form prescribed by the Department of Human Services. 204.6    Subd. 2. Eligibility. To be eligible to obtain a communication new text begin telecommunications new text end 204.7device under this section, a person must be: 204.8(1) new text begin be new text end able to benefit from and use the equipment for its intended purpose; 204.9(2) new text begin have a new text end communication impaired new text begin disability new text end ; 204.10(3) new text begin be new text end a resident of the state; 204.11(4) new text begin be new text end a resident in a household that has a median income at or below the applicable 204.12median household income in the state, except a deaf and blind person new text begin who is deafblind new text end 204.13applying for a telebraille unit new text begin Braille device new text end may reside in a household that has a median 204.14income no more than 150 percent of the applicable median household income in the 204.15state; and 204.16(5) new text begin be new text end a resident in a household that has telephone new text begin telecommunications new text end service 204.17or that has made application for service and has been assigned a telephone number; or 204.18a resident in a residential care facility, such as a nursing home or group home where 204.19telephone new text begin telecommunications new text end service is not included as part of overall service provision. 204.20    Subd. 3. Distribution. The commissioner of human services shall purchase and 204.21distribute a sufficient number of communication new text begin telecommunications new text end devices so that each 204.22eligible household receives an appropriate device new text begin devices as determined under section new text end 204.23 new text begin 237.51, subdivision 5a new text end . The commissioner of human services shall distribute the devices 204.24to eligible households in each service area free of charge as determined under section 204.25237.51, subdivision 5a. 204.26    Subd. 4. Training; maintenance. The commissioner of human services shall 204.27maintain the communication new text begin telecommunications new text end devices until the warranty period 204.28expires, and provide training, without charge, to first-time users of the devices. 204.29    Subd. 5. Wiring installation. If a communication-impaired person is not served by 204.30telephone service and is subject to economic hardship as determined by the Department 204.31of Human Services, the telephone company providing local service shall at the direction 204.32of the administrator of the program install necessary outside wiring without charge to 204.33the household. 204.34    Subd. 6. Ownership. All communication new text begin Telecommunications new text end devices purchased 204.35pursuant to subdivision 3 will become new text begin are new text end the property of the state of Minnesota. new text begin Policies new text end 204.36 new text begin and procedures for the return of devices from individuals who withdraw from the program new text end 205.1 new text begin or whose eligibility status changes shall be determined by the commissioner of human new text end 205.2 new text begin services. new text end 205.3    Subd. 7. Standards. The communication new text begin telecommunications new text end devices distributed 205.4under this section must comply with the electronic industries association new text begin alliance new text end standards 205.5and new text begin be new text end approved by the Federal Communications Commission. The commissioner of 205.6human services must provide each eligible person a choice of several models of devices, 205.7the retail value of which may not exceed $600 for a communication device for the deaf new text begin new text end 205.8 new text begin text telephone new text end , and a retail value of $7,000 for a telebraille new text begin Braille new text end device, or an amount 205.9authorized by the Department of Human Services for a telephone device for the deaf with 205.10auxiliary equipment new text begin all other telecommunications devices and auxiliary equipment it new text end 205.11 new text begin deems cost-effective and appropriate to distribute according to sections 237.51 to 237.56 new text end . 205.12    Sec. 5. Minnesota Statutes 2010, section 237.54, is amended to read: 205.13237.54 TELECOMMUNICATION new text begin TELECOMMUNICATIONS new text end RELAY 205.14SERVICE new text begin SERVICES (TRS) new text end . 205.15    Subd. 2. Operation. (a) The commissioner of commerce shall contract with 205.16a new text begin one or more new text end qualified vendor new text begin vendors new text end for the operation and maintenance of the 205.17telecommunication relay system new text begin provision of Telecommunications Relay Services (TRS) new text end . 205.18(b) The telecommunication relay service provider new text begin TRS providers new text end shall operate the 205.19relay service within the state of Minnesota. The operator of the system new text begin TRS providers new text end 205.20shall keep all messages confidential, shall train personnel in the unique needs of 205.21communication-impaired people, and shall inform communication-impaired persons 205.22and the public of the availability and use of the system. Except in the case of a speech- 205.23or mobility-impaired person, the operator shall not relay a message unless it originates 205.24or terminates through a communication device for the deaf or a Brailling device for use 205.25with a telephone new text begin comply with all current and subsequent FCC regulations at Code of new text end 205.26 new text begin Federal Regulations, title 47, sections 64.601 to 64.606, and shall inform persons who new text end 205.27 new text begin have communication disabilities and the public of the availability and use of TRS new text end . 205.28    Sec. 6. Minnesota Statutes 2010, section 237.55, is amended to read: 205.29237.55 ANNUAL REPORT ON COMMUNICATION new text begin new text end 205.30 new text begin TELECOMMUNICATIONS new text end ACCESS. 205.31The commissioner of commerce must prepare a report for presentation to the new text begin Public new text end 205.32 new text begin Utilities new text end Commission by January 31 of each year. Each report must review the accessibility 205.33of the telephone system to communication-impaired persons, review the ability of 205.34non-communication-impaired persons to communicate with communication-impaired 206.1persons via the telephone system new text begin telecommunications services to persons who have new text end 206.2 new text begin communication disabilities new text end , describe services provided, account for money received and 206.3disbursed annually new text begin annual revenues and expenditures new text end for each aspect of the program new text begin fund new text end 206.4to date, and include predicted new text begin program new text end future operation. 206.5    Sec. 7. Minnesota Statutes 2010, section 237.56, is amended to read: 206.6237.56 ADEQUATE SERVICE ENFORCEMENT. 206.7The services required to be provided under sections 237.50 to 237.55 may be 206.8enforced under section 237.081 upon a complaint of at least two communication-impaired 206.9persons within the service area of any one telephone company new text begin telecommunications new text end 206.10 new text begin service provider new text end , provided that if only one person within the service area of a company 206.11is receiving service under sections 237.50 to 237.55, the commission new text begin Public Utilities new text end 206.12 new text begin Commission new text end may proceed upon a complaint from that person. 206.13ARTICLE 11 206.14COMPREHENSIVE ASSESSMENT AND CASE MANAGEMENT REFORM 206.15    Section 1. Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 56, 206.16is amended to read: 206.17    Subd. 56. Medical service coordination. (a) Medical assistance covers in-reach 206.18community-based service coordination that is performed in new text begin through new text end a hospital emergency 206.19department as an eligible procedure under a state healthcare program or private insurance 206.20for a frequent user. A frequent user is defined as an individual who has frequented the 206.21hospital emergency department for services three or more times in the previous four 206.22consecutive months. In-reach community-based service coordination includes navigating 206.23services to address a client's mental health, chemical health, social, economic, and housing 206.24needs, or any other activity targeted at reducing the incidence of emergency room and 206.25other nonmedically necessary health care utilization. 206.26    (b) Reimbursement must be made in 15-minute increments under current Medicaid 206.27mental health social work reimbursement methodology and allowed for up to 60 days 206.28posthospital discharge based upon the specific identified emergency department visit or 206.29inpatient admitting event. A frequent user who is participating in care coordination within 206.30a health care home framework is ineligible for reimbursement under this subdivision. new text begin new text end 206.31 new text begin In-reach community-based service coordination shall seek to connect frequent users with new text end 206.32 new text begin existing covered services available to them, including, but not limited to, targeted case new text end 206.33 new text begin management, waiver case management, or care coordination in a health care home. new text end 207.1Eligible in-reach service coordinators must hold a minimum of a bachelor's degree in 207.2social work, public health, corrections, or a related field. The commissioner shall submit 207.3any necessary application for waivers to the Centers for Medicare and Medicaid Services 207.4to implement this subdivision. 207.5    (c) For the purposes of this subdivision, "in-reach community-based service 207.6coordination" means the practice of a community-based worker with training, knowledge, 207.7skills, and ability to access a continuum of services, including housing, transportation, 207.8chemical and mental health treatment, employment, and peer support services, by working 207.9with an organization's staff to transition an individual back into the individual's living 207.10environment. In-reach community-based service coordination includes working with the 207.11individual during their discharge and for up to a defined amount of time in the individual's 207.12living environment, reducing the individual's need for readmittance. 207.13    Sec. 2. Minnesota Statutes 2010, section 256B.0659, subdivision 1, is amended to read: 207.14    Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in 207.15paragraphs (b) to (r) have the meanings given unless otherwise provided in text. 207.16    (b) "Activities of daily living" means grooming, dressing, bathing, transferring, 207.17mobility, positioning, eating, and toileting. 207.18    (c) "Behavior," effective January 1, 2010, means a category to determine the home 207.19care rating and is based on the criteria found in this section. "Level I behavior" means 207.20physical aggression towards self, others, or destruction of property that requires the 207.21immediate response of another person. 207.22    (d) "Complex health-related needs," effective January 1, 2010, means a category to 207.23determine the home care rating and is based on the criteria found in this section. 207.24    (e) "Critical activities of daily living," effective January 1, 2010, means transferring, 207.25mobility, eating, and toileting. 207.26    (f) "Dependency in activities of daily living" means a person requires assistance to 207.27begin and complete one or more of the activities of daily living. 207.28    (g) "Extended personal care assistance service" means personal care assistance 207.29services included in a service plan under one of the home and community-based services 207.30waivers authorized under sections 256B.0915, 256B.092, subdivision 5, and 256B.49, 207.31which exceed the amount, duration, and frequency of the state plan personal care 207.32assistance services for participants who: 207.33    (1) need assistance provided periodically during a week, but less than daily will not 207.34be able to remain in their homes without the assistance, and other replacement services 208.1are more expensive or are not available when personal care assistance services are to be 208.2terminated; or 208.3    (2) need additional personal care assistance services beyond the amount authorized 208.4by the state plan personal care assistance assessment in order to ensure that their safety, 208.5health, and welfare are provided for in their homes. 208.6    (h) "Health-related procedures and tasks" means procedures and tasks that can 208.7be delegated or assigned by a licensed health care professional under state law to be 208.8performed by a personal care assistant. 208.9    (i) "Instrumental activities of daily living" means activities to include meal planning 208.10and preparation; basic assistance with paying bills; shopping for food, clothing, and other 208.11essential items; performing household tasks integral to the personal care assistance 208.12services; communication by telephone and other media; and traveling, including to 208.13medical appointments and to participate in the community. 208.14    (j) "Managing employee" has the same definition as Code of Federal Regulations, 208.15title 42, section 455. 208.16    (k) "Qualified professional" means a professional providing supervision of personal 208.17care assistance services and staff as defined in section 256B.0625, subdivision 19c. 208.18    (l) "Personal care assistance provider agency" means a medical assistance enrolled 208.19provider that provides or assists with providing personal care assistance services and 208.20includes a personal care assistance provider organization, personal care assistance choice 208.21agency, class A licensed nursing agency, and Medicare-certified home health agency. 208.22    (m) "Personal care assistant" or "PCA" means an individual employed by a personal 208.23care assistance agency who provides personal care assistance services. 208.24    (n) "Personal care assistance care plan" means a written description of personal 208.25care assistance services developed by the personal care assistance provider according 208.26to the service plan. 208.27    (o) "Responsible party" means an individual who is capable of providing the support 208.28necessary to assist the recipient to live in the community. 208.29    (p) "Self-administered medication" means medication taken orally, by injection new text begin , new text end 208.30 new text begin nebulizer, new text end or insertion, or applied topically without the need for assistance. 208.31    (q) "Service plan" means a written summary of the assessment and description of the 208.32services needed by the recipient. 208.33    (r) "Wages and benefits" means wages and salaries, the employer's share of FICA 208.34taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, 208.35mileage reimbursement, health and dental insurance, life insurance, disability insurance, 209.1long-term care insurance, uniform allowance, and contributions to employee retirement 209.2accounts. 209.3    Sec. 3. Minnesota Statutes 2010, section 256B.0659, subdivision 2, is amended to read: 209.4    Subd. 2. Personal care assistance services; covered services. (a) The personal 209.5care assistance services eligible for payment include services and supports furnished 209.6to an individual, as needed, to assist in: 209.7(1) activities of daily living; 209.8(2) health-related procedures and tasks; 209.9(3) observation and redirection of behaviors; and 209.10(4) instrumental activities of daily living. 209.11(b) Activities of daily living include the following covered services: 209.12(1) dressing, including assistance with choosing, application, and changing of 209.13clothing and application of special appliances, wraps, or clothing; 209.14(2) grooming, including assistance with basic hair care, oral care, shaving, applying 209.15cosmetics and deodorant, and care of eyeglasses and hearing aids. Nail care is included, 209.16except for recipients who are diabetic or have poor circulation; 209.17(3) bathing, including assistance with basic personal hygiene and skin care; 209.18(4) eating, including assistance with hand washing and application of orthotics 209.19required for eating, transfers, and feeding; 209.20(5) transfers, including assistance with transferring the recipient from one seating or 209.21reclining area to another; 209.22(6) mobility, including assistance with ambulation, including use of a wheelchair. 209.23Mobility does not include providing transportation for a recipient; 209.24(7) positioning, including assistance with positioning or turning a recipient for 209.25necessary care and comfort; and 209.26(8) toileting, including assistance with helping recipient with bowel or bladder 209.27elimination and care including transfers, mobility, positioning, feminine hygiene, use of 209.28toileting equipment or supplies, cleansing the perineal area, inspection of the skin, and 209.29adjusting clothing. 209.30(c) Health-related procedures and tasks include the following covered services: 209.31(1) range of motion and passive exercise to maintain a recipient's strength and 209.32muscle functioning; 209.33(2) assistance with self-administered medication as defined by this section, including 209.34reminders to take medication, bringing medication to the recipient, and assistance with 210.1opening medication under the direction of the recipient or responsible party new text begin , including new text end 210.2 new text begin medications given through a nebulizer new text end ; 210.3(3) interventions for seizure disorders, including monitoring and observation; and 210.4(4) other activities considered within the scope of the personal care service and 210.5meeting the definition of health-related procedures and tasks under this section. 210.6(d) A personal care assistant may provide health-related procedures and tasks 210.7associated with the complex health-related needs of a recipient if the procedures and 210.8tasks meet the definition of health-related procedures and tasks under this section and the 210.9personal care assistant is trained by a qualified professional and demonstrates competency 210.10to safely complete the procedures and tasks. Delegation of health-related procedures and 210.11tasks and all training must be documented in the personal care assistance care plan and the 210.12recipient's and personal care assistant's files. new text begin A personal care assistant must not determine new text end 210.13 new text begin the medication dose or time for medication. new text end 210.14(e) Effective January 1, 2010, for a personal care assistant to provide the 210.15health-related procedures and tasks of tracheostomy suctioning and services to recipients 210.16on ventilator support there must be: 210.17(1) delegation and training by a registered nurse, certified or licensed respiratory 210.18therapist, or a physician; 210.19(2) utilization of clean rather than sterile procedure; 210.20(3) specialized training about the health-related procedures and tasks and equipment, 210.21including ventilator operation and maintenance; 210.22(4) individualized training regarding the needs of the recipient; and 210.23(5) supervision by a qualified professional who is a registered nurse. 210.24(f) Effective January 1, 2010, a personal care assistant may observe and redirect the 210.25recipient for episodes where there is a need for redirection due to behaviors. Training of 210.26the personal care assistant must occur based on the needs of the recipient, the personal 210.27care assistance care plan, and any other support services provided. 210.28(g) Instrumental activities of daily living under subdivision 1, paragraph (i). 210.29    Sec. 4. Minnesota Statutes 2010, section 256B.0659, subdivision 3a, is amended to 210.30read: 210.31    Subd. 3a. Assessment; defined. new text begin (a) new text end "Assessment" means a review and evaluation 210.32of a recipient's need for home new text begin personal new text end care new text begin assistance new text end services conducted in person. 210.33Assessments for personal care assistance services shall be conducted by the county public 210.34health nurse or a certified public health nurse under contract with the county new text begin except when a new text end 210.35 new text begin long-term care consultation assessment is being conducted for the purposes of determining new text end 211.1 new text begin a person's eligibility for home and community-based waiver services including personal new text end 211.2 new text begin care assistance services according to section 256B.0911 new text end . An in-person assessment 211.3must include: documentation of health status, determination of need, evaluation of 211.4service effectiveness, identification of appropriate services, service plan development 211.5or modification, coordination of services, referrals and follow-up to appropriate payers 211.6and community resources, completion of required reports, recommendation of service 211.7authorization, and consumer education. Once the need for personal care assistance 211.8services is determined under this section or sections , , , 211.9and , the county public health nurse or certified public health nurse under 211.10contract with the county is responsible for communicating this recommendation to the 211.11commissioner and the recipient. An in-person assessment must occur at least annually or 211.12when there is a significant change in the recipient's condition or when there is a change 211.13in the need for personal care assistance services. A service update may substitute for 211.14the annual face-to-face assessment when there is not a significant change in recipient 211.15condition or a change in the need for personal care assistance service. A service update 211.16may be completed by telephone, used when there is no need for an increase in personal 211.17care assistance services, and used for two consecutive assessments if followed by a 211.18face-to-face assessment. A service update must be completed on a form approved by the 211.19commissioner. A service update or review for temporary increase includes a review of 211.20initial baseline data, evaluation of service effectiveness, redetermination of service need, 211.21modification of service plan and appropriate referrals, update of initial forms, obtaining 211.22service authorization, and on going consumer education. Assessments new text begin or reassessments new text end 211.23must be completed on forms provided by the commissioner within 30 days of a request for 211.24home care services by a recipient or responsible party or personal care provider agency. 211.25 new text begin (b) This subdivision expires when notification is given by the commissioner as new text end 211.26 new text begin described in section 256B.0911, subdivision 3a. new text end 211.27    Sec. 5. Minnesota Statutes 2010, section 256B.0659, subdivision 4, is amended to read: 211.28    Subd. 4. Assessment for personal care assistance services; limitations. (a) An 211.29assessment as defined in subdivision 3a must be completed for personal care assistance 211.30services. 211.31    (b) The following limitations apply to the assessment: 211.32    (1) a person must be assessed as dependent in an activity of daily living based on the 211.33person's daily need or need on the days during the week the activity is completed for: 211.34    (i) cuing and constant supervision to complete the task; or 211.35    (ii) hands-on assistance to complete the task; and 212.1    (2) a child may not be found to be dependent in an activity of daily living if because 212.2of the child's age an adult would either perform the activity for the child or assist the child 212.3with the activity. Assistance needed is the assistance appropriate for a typical child of 212.4the same age. 212.5    (c) Assessment for complex health-related needs must meet the criteria in this 212.6paragraph. During the assessment process, A recipient qualifies as having complex 212.7health-related needs if the recipient has one or more of the interventions that are ordered 212.8by a physician, specified in a personal care assistance care plan new text begin or community support new text end 212.9 new text begin plan developed under section 256B.0911 new text end , and found in the following: 212.10    (1) tube feedings requiring: 212.11    (i) a gastrojejunostomy tube; or 212.12    (ii) continuous tube feeding lasting longer than 12 hours per day; 212.13    (2) wounds described as: 212.14    (i) stage III or stage IV; 212.15    (ii) multiple wounds; 212.16    (iii) requiring sterile or clean dressing changes or a wound vac; or 212.17    (iv) open lesions such as burns, fistulas, tube sites, or ostomy sites that require 212.18specialized care; 212.19    (3) parenteral therapy described as: 212.20    (i) IV therapy more than two times per week lasting longer than four hours for 212.21each treatment; or 212.22    (ii) total parenteral nutrition (TPN) daily; 212.23    (4) respiratory interventions new text begin , new text end including: 212.24    (i) oxygen required more than eight hours per day; 212.25    (ii) respiratory vest more than one time per day; 212.26    (iii) bronchial drainage treatments more than two times per day; 212.27    (iv) sterile or clean suctioning more than six times per day; 212.28    (v) dependence on another to apply respiratory ventilation augmentation devices 212.29such as BiPAP and CPAP; and 212.30    (vi) ventilator dependence under section 256B.0652; 212.31    (5) insertion and maintenance of catheter new text begin , new text end including: 212.32    (i) sterile catheter changes more than one time per month; 212.33    (ii) clean new text begin intermittent catheterization, and including new text end self-catheterization more than 212.34six times per day; or 212.35    (iii) bladder irrigations; 213.1    (6) bowel program more than two times per week requiring more than 30 minutes to 213.2perform each time; 213.3    (7) neurological intervention new text begin , new text end including: 213.4    (i) seizures more than two times per week and requiring significant physical 213.5assistance to maintain safety; or 213.6    (ii) swallowing disorders diagnosed by a physician and requiring specialized 213.7assistance from another on a daily basis; and 213.8    (8) other congenital or acquired diseases creating a need for significantly increased 213.9direct hands-on assistance and interventions in six to eight activities of daily living. 213.10    (d) An assessment of behaviors must meet the criteria in this paragraph. A recipient 213.11qualifies as having a need for assistance due to behaviors if the recipient's behavior requires 213.12assistance at least four times per week and shows one or more of the following behaviors: 213.13    (1) physical aggression towards self or others, or destruction of property that requires 213.14the immediate response of another person; 213.15    (2) increased vulnerability due to cognitive deficits or socially inappropriate 213.16behavior; or 213.17    (3) new text begin increased need for assistance for recipients who are new text end verbally aggressive and new text begin or new text end 213.18 resistive to care new text begin so that the time needed to perform activities of daily living is increased new text end . 213.19    Sec. 6. Minnesota Statutes 2010, section 256B.0911, subdivision 1, is amended to read: 213.20    Subdivision 1. Purpose and goal. (a) The purpose of long-term care consultation 213.21services is to assist persons with long-term or chronic care needs in making long-term care 213.22decisions and selecting new text begin support and service new text end options that meet their needs and reflect their 213.23preferences. The availability of, and access to, information and other types of assistance, 213.24including assessment and support planning, is also intended to prevent or delay certified 213.25nursing facility new text begin institutional new text end placements and to provide new text begin access to new text end transition assistance 213.26after admission. Further, the goal of these services is to contain costs associated with 213.27unnecessary certified nursing facility new text begin institutional new text end admissions. Long-term consultation 213.28services must be available to any person regardless of public program eligibility. The 213.29commissioner of human services shall seek to maximize use of available federal and state 213.30funds and establish the broadest program possible within the funding available. 213.31(b) These services must be coordinated with long-term care options counseling 213.32provided under section 256.975, subdivision 7, and section 256.01, subdivision 24, for 213.33telephone assistance and follow up and to offer a variety of cost-effective alternatives 213.34to persons with disabilities and elderly persons. The county or tribal new text begin lead new text end agency or 213.35managed care plan providing long-term care consultation services shall encourage the use 214.1of volunteers from families, religious organizations, social clubs, and similar civic and 214.2service organizations to provide community-based services. 214.3    Sec. 7. Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 1a, 214.4is amended to read: 214.5    Subd. 1a. Definitions. For purposes of this section, the following definitions apply: 214.6    (a) new text begin Until additional requirements apply under paragraph (b), new text end "long-term care 214.7consultation services" means: 214.8    (1) new text begin intake for and access to new text end assistance in identifying services needed to maintain an 214.9individual in the most inclusive environment; 214.10    (2) providing recommendations on new text begin for and referrals to new text end cost-effective community 214.11services that are available to the individual; 214.12    (3) development of an individual's person-centered community support plan; 214.13    (4) providing information regarding eligibility for Minnesota health care programs; 214.14    (5) face-to-face long-term care consultation assessments, which may be completed 214.15in a hospital, nursing facility, intermediate care facility for persons with developmental 214.16disabilities (ICF/DDs), regional treatment centers, or the person's current or planned 214.17residence; 214.18    (6) federally mandated new text begin preadmission new text end screening to determine the need for an 214.19institutional level of care under subdivision 4a new text begin activities described under subdivisions new text end 214.20 new text begin 4a and 4b new text end ; 214.21    (7) determination of home and community-based waiver new text begin and other new text end service eligibility 214.22 new text begin as required under sections 256B.0913, 256B.0915, and 256B.49, new text end including level of 214.23care determination for individuals who need an institutional level of care as determined 214.24under section 256B.0911, subdivision 4a, paragraph (d), or , service eligibility 214.25including state plan home care services identified in sections 256B.0625, subdivisions 6, 214.267, and 19, paragraphs (a) and (c), and , based on assessment and new text begin community new text end 214.27support plan development with new text begin , new text end appropriate referrals new text begin to obtain necessary diagnostic new text end 214.28 new text begin information new text end , new text begin and new text end including the option new text begin an eligibility determination new text end for consumer-directed 214.29community supports; 214.30    (8) providing recommendations for nursing facility new text begin institutional new text end placement when 214.31there are no cost-effective community services available; and 214.32    (9) new text begin providing access to new text end assistance to transition people back to community settings 214.33after facility new text begin institutional new text end admission. new text begin ; and new text end 214.34 new text begin (10) providing information about competitive employment, with or without supports, new text end 214.35 new text begin for school-age youth and working-age adults and referrals to the Disability Linkage new text end 215.1 new text begin Line and Disability Benefits 101 to ensure that an informed choice about competitive new text end 215.2 new text begin employment can be made. For the purposes of this subdivision, "competitive employment" new text end 215.3 new text begin means work in the competitive labor market that is performed on a full-time or part-time new text end 215.4 new text begin basis in an integrated setting, and for which an individual is compensated at or above the new text end 215.5 new text begin minimum wage, but not less than the customary wage and level of benefits paid by the new text end 215.6 new text begin employer for the same or similar work performed by individuals without disabilities. new text end 215.7 new text begin (b) Upon statewide implementation of lead agency requirements in subdivisions 2b, new text end 215.8 new text begin 2c, and 3a, "long-term care consultation services" also means: new text end 215.9 new text begin (1) service eligibility determination for state plan home care services identified in: new text end 215.10 new text begin (i) section 256B.0625, subdivisions 7, 19a, and 19c; new text end 215.11 new text begin (ii) section 256B.0657; or new text end 215.12 new text begin (iii) consumer support grants under section 256.476; new text end 215.13 new text begin (2) notwithstanding provisions in Minnesota Rules, parts 9525.0004 to 9525.0024, new text end 215.14 new text begin determination of eligibility for case management services available under sections new text end 215.15 new text begin 256B.0621, subdivision 2, paragraph (4), and 256B.0924 and Minnesota Rules, part new text end 215.16 new text begin 9525.0016; new text end 215.17 new text begin (3) determination of institutional level of care, home and community-based service new text end 215.18 new text begin waiver, and other service eligibility as required under section 256B.092, determination new text end 215.19 new text begin of eligibility for family support grants under section 252.32, semi-independent living new text end 215.20 new text begin services under section 252.275, and day training and habilitation services under section new text end 215.21 new text begin 256B.092; and new text end 215.22 new text begin (4) obtaining necessary diagnostic information to determine eligibility under clauses new text end 215.23 new text begin (2) and (3). new text end 215.24    (b) new text begin (c) new text end "Long-term care options counseling" means the services provided by the 215.25linkage lines as mandated by sections 256.01 and 256.975, subdivision 7, and also 215.26includes telephone assistance and follow up once a long-term care consultation assessment 215.27has been completed. 215.28    (c) new text begin (d) new text end "Minnesota health care programs" means the medical assistance program 215.29under chapter 256B and the alternative care program under section 256B.0913. 215.30    (d) new text begin (e) new text end "Lead agencies" means counties new text begin administering new text end or a collaboration of counties, 215.31tribes, and health plans administering new text begin under contract with the commissioner to administer new text end 215.32long-term care consultation assessment and support planning services. 215.33    Sec. 8. Minnesota Statutes 2010, section 256B.0911, subdivision 2b, is amended to 215.34read: 216.1    Subd. 2b. Certified assessors. (a) Beginning January 1, 2011, Each lead agency 216.2shall use certified assessors who have completed training and the certification processes 216.3determined by the commissioner in subdivision 2c. Certified assessors shall demonstrate 216.4best practices in assessment and support planning including person-centered planning 216.5principals and have a common set of skills that must ensure consistency and equitable 216.6access to services statewide. Assessors must be part of a multidisciplinary team of 216.7professionals that includes public health nurses, social workers, and other professionals 216.8as defined in paragraph (b). For persons with complex health care needs, a public health 216.9nurse or registered nurse from a multidisciplinary team must be consulted. A lead agency 216.10may choose, according to departmental policies, to contract with a qualified, certified 216.11assessor to conduct assessments and reassessments on behalf of the lead agency. 216.12    (b) Certified assessors are persons with a minimum of a bachelor's degree in social 216.13work, nursing with a public health nursing certificate, or other closely related field with at 216.14least one year of home and community-based experience new text begin , new text end or a two-year registered nursing 216.15degree new text begin nurse without public health certification new text end with at least three new text begin two new text end years of home and 216.16community-based experience that have new text begin has new text end received training and certification specific to 216.17assessment and consultation for long-term care services in the state. 216.18    Sec. 9. Minnesota Statutes 2010, section 256B.0911, subdivision 2c, is amended to 216.19read: 216.20    Subd. 2c. Assessor training and certification. The commissioner shall develop 216.21 new text begin and implement new text end a curriculum and an assessor certification process to begin no later than 216.22January 1, 2010. All existing lead agency staff designated to provide the services defined 216.23in subdivision 1a must be certified by December 30, 2010. new text begin within timelines specified by new text end 216.24 new text begin the commissioner, but no sooner than six months after statewide availability of the training new text end 216.25 new text begin and certification process. The commissioner must establish the timelines for training and new text end 216.26 new text begin certification in a manner that allows lead agencies to most efficiently adopt the automated new text end 216.27 new text begin process established in subdivision 5. new text end Each lead agency is required to ensure that they have 216.28sufficient numbers of certified assessors to provide long-term consultation assessment and 216.29support planning within the timelines and parameters of the service by January 1, 2011. 216.30Certified assessors are required to be recertified every three years. 216.31    Sec. 10. Minnesota Statutes 2010, section 256B.0911, subdivision 3, is amended to 216.32read: 216.33    Subd. 3. Long-term care consultation team. (a) Until January 1, 2011, A long-term 216.34care consultation team shall be established by the county board of commissioners. Each 217.1local consultation team shall consist of at least one social worker and at least one public 217.2health nurse from their respective county agencies. The board may designate public 217.3health or social services as the lead agency for long-term care consultation services. If a 217.4county does not have a public health nurse available, it may request approval from the 217.5commissioner to assign a county registered nurse with at least one year experience in 217.6home care to participate on the team. Two or more counties may collaborate to establish 217.7a joint local consultation team or teams. 217.8(b) new text begin Certified assessors must be part of a multidisciplinary long-term care consultation new text end 217.9 new text begin team of professionals that includes public health nurses, social workers, and other new text end 217.10 new text begin professionals as defined in subdivision 2b, paragraph (b). new text end The team is responsible for 217.11providing long-term care consultation services to all persons located in the county who 217.12request the services, regardless of eligibility for Minnesota health care programs. 217.13(c) The commissioner shall allow arrangements and make recommendations that 217.14encourage counties new text begin and tribes new text end to collaborate to establish joint local long-term care 217.15consultation teams to ensure that long-term care consultations are done within the 217.16timelines and parameters of the service. This includes integrated service models as 217.17required in subdivision 1, paragraph (b). 217.18 new text begin (d) Tribes and health plans under contract with the commissioner must provide new text end 217.19 new text begin long-term care consultation services as specified in the contract. new text end 217.20 new text begin (e) The lead agency must provide the commissioner with an administrative contact new text end 217.21 new text begin for communication purposes. new text end 217.22    Sec. 11. Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 3a, 217.23is amended to read: 217.24    Subd. 3a. Assessment and support planning. (a) Persons requesting assessment, 217.25services planning, or other assistance intended to support community-based living, 217.26including persons who need assessment in order to determine waiver or alternative care 217.27program eligibility, must be visited by a long-term care consultation team within 15 new text begin 20 new text end 217.28calendar days after the date on which an assessment was requested or recommended. 217.29After January 1, 2011, these requirements also apply to new text begin Upon statewide implementation new text end 217.30 new text begin of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person new text end 217.31 new text begin requesting new text end personal care assistance services, new text begin and new text end private duty nursing, and home health 217.32agency services, on timelines established in subdivision 5. new text begin The commissioner shall provide new text end 217.33 new text begin at least a 90-day notice to lead agencies prior to the effective date of this requirement. new text end 217.34Face-to-face assessments must be conducted according to paragraphs (b) to (i). 218.1    (b) The county new text begin lead agency new text end may utilize a team of either the social worker or public 218.2health nurse, or both. After January 1, 2011 new text begin Upon implementation of subdivisions 2b, 2c, new text end 218.3 new text begin and 5 new text end , lead agencies shall use certified assessors to conduct the assessment in a face-to-face 218.4interview new text begin assessment new text end . The consultation team members must confer regarding the most 218.5appropriate care for each individual screened or assessed. new text begin For a person with complex new text end 218.6 new text begin health care needs, a public health or registered nurse from the team must be consulted. new text end 218.7    (c) The assessment must be comprehensive and include a person-centered assessment 218.8of the health, psychological, functional, environmental, and social needs of referred 218.9individuals and provide information necessary to develop a new text begin community new text end support plan that 218.10meets the consumers needs, using an assessment form provided by the commissioner. 218.11    (d) The assessment must be conducted in a face-to-face interview with the person 218.12being assessed and the person's legal representative, as required by legally executed 218.13documents, and other individuals as requested by the person, who can provide information 218.14on the needs, strengths, and preferences of the person necessary to develop a new text begin community new text end 218.15support plan that ensures the person's health and safety, but who is not a provider of 218.16service or has any financial interest in the provision of services. 218.17    (e) The person, or the person's legal representative, must be provided with written 218.18recommendations for community-based services, including consumer-directed options, 218.19or institutional care that include documentation that the most cost-effective alternatives 218.20available were offered to the individual, and alternatives to residential settings, including, 218.21but not limited to, foster care settings that are not the primary residence of the license 218.22holder. For purposes of this requirement, "cost-effective alternatives" means community 218.23services and living arrangements that cost the same as or less than institutional care. 218.24    (f) new text begin (e) new text end If the person chooses to use community-based services, the person or the 218.25person's legal representative must be provided with a written community support plan new text begin new text end 218.26 new text begin within 40 calendar days of the assessment visit new text end , regardless of whether the individual 218.27is eligible for Minnesota health care programs. new text begin The written community support plan new text end 218.28 new text begin must include: new text end 218.29 new text begin (1) a summary of assessed needs as defined in paragraphs (c) and (d); new text end 218.30 new text begin (2) the individual's options and choices to meet identified needs, including all new text end 218.31 new text begin available options for case management services and providers; new text end 218.32 new text begin (3) identification of health and safety risks and how those risks will be addressed, new text end 218.33 new text begin including personal risk management strategies; new text end 218.34 new text begin (4) referral information; and new text end 218.35 new text begin (5) informal caregiver supports, if applicable. new text end 219.1 new text begin For a person determined eligible for state plan home care under subdivision 1a, new text end 219.2 new text begin paragraph (b), clause (1), the person or person's representative must also receive a copy of new text end 219.3 new text begin the home care service plan developed by the certified assessor. new text end 219.4 new text begin (f) new text end A person may request assistance in identifying community supports without 219.5participating in a complete assessment. Upon a request for assistance identifying 219.6community support, the person must be transferred or referred to the new text begin long-term care new text end 219.7 new text begin options counseling new text end services available under sections 256.975, subdivision 7, and 256.01, 219.8subdivision 24, for telephone assistance and follow up. 219.9    (g) The person has the right to make the final decision between institutional 219.10placement and community placement after the recommendations have been provided, 219.11except as provided in subdivision 4a, paragraph (c). 219.12    (h) The team new text begin lead agency new text end must give the person receiving assessment or support 219.13planning, or the person's legal representative, materials, and forms supplied by the 219.14commissioner containing the following information: 219.15    (1) new text begin written recommendations for community-based services and consumer-directed new text end 219.16 new text begin options; new text end 219.17 new text begin (2) documentation that the most cost-effective alternatives available were offered to new text end 219.18 new text begin the individual. For purposes of this clause, "cost-effective" means community services and new text end 219.19 new text begin living arrangements that cost the same as or less than institutional care. For an individual new text end 219.20 new text begin found to meet eligibility criteria for home and community-based service programs under new text end 219.21 new text begin section 256B.0915 or 256B.49, "cost effectiveness" has the meaning found in the federally new text end 219.22 new text begin approved waiver plan for each program; new text end 219.23 new text begin (3) new text end the need for and purpose of preadmission screening if the person selects nursing 219.24facility placement; 219.25    (2) new text begin (4) new text end the role of the long-term care consultation assessment and support planning 219.26in waiver and alternative care program eligibility determination new text begin for waiver and alternative new text end 219.27 new text begin care programs, and state plan home care, case management, and other services as defined new text end 219.28 new text begin in subdivision 1a, paragraphs (a), clause (7), and (b) new text end ; 219.29    (3) new text begin (5) new text end information about Minnesota health care programs; 219.30    (4) new text begin (6) new text end the person's freedom to accept or reject the recommendations of the team; 219.31    (5) new text begin (7) new text end the person's right to confidentiality under the Minnesota Government Data 219.32Practices Act, chapter 13; 219.33    (6) new text begin (8) new text end the long-term care consultant's new text begin certified assessor's new text end decision regarding the 219.34person's need for institutional level of care as determined under criteria established in 219.35section 144.0724, subdivision 11, or new text begin 256B.0911, subdivision 4a, paragraph (d), new text end 220.1 new text begin and the certified assessor's decision regarding eligibility for all services and programs as new text end 220.2 new text begin defined in subdivision 1a, paragraphs (a), clause (7), and (b) new text end ; and 220.3    (7) new text begin (9) new text end the person's right to appeal new text begin the certified assessor's decision regarding new text end 220.4 new text begin eligibility for all services and programs as defined in subdivision 1a, paragraphs (a), new text end 220.5 new text begin clause (7), and (b), and incorporating new text end the decision regarding the need for nursing facility new text begin new text end 220.6 new text begin institutional new text end level of care or the county's new text begin lead agency's new text end final decisions regarding public 220.7programs eligibility according to section 256.045, subdivision 3. 220.8    (i) Face-to-face assessment completed as part of eligibility determination for 220.9the alternative care, elderly waiver, community alternatives for disabled individuals, 220.10community alternative care, and traumatic brain injury waiver programs under sections 220.11 new text begin 256B.0913, new text end 256B.0915, , and 256B.49 is valid to establish service eligibility 220.12for no more than 60 calendar days after the date of assessment. 220.13 new text begin (j) new text end The effective eligibility start date for these programs new text begin in paragraph (i) new text end can never 220.14be prior to the date of assessment. If an assessment was completed more than 60 days 220.15before the effective waiver or alternative care program eligibility start date, assessment 220.16and support plan information must be updated in a face-to-face visit and documented in 220.17the department's Medicaid Management Information System (MMIS). new text begin Notwithstanding new text end 220.18 new text begin retroactive medical assistance coverage of state plan services, new text end the effective date of 220.19program eligibility in this case new text begin for programs included in paragraph (i) new text end cannot be prior to 220.20the date the new text begin most recent new text end updated assessment is completed. 220.21    Sec. 12. Minnesota Statutes 2010, section 256B.0911, subdivision 3b, is amended to 220.22read: 220.23    Subd. 3b. Transition assistance. (a) A long-term care consultation team new text begin Lead new text end 220.24 new text begin agency certified assessors new text end shall provide assistance to persons residing in a nursing 220.25facility, hospital, regional treatment center, or intermediate care facility for persons with 220.26developmental disabilities who request or are referred for assistance. Transition assistance 220.27must include assessment, community support plan development, referrals to long-term 220.28care options counseling under section 256B.975 new text begin 256.975 new text end , subdivision 10 new text begin 7 new text end , for community 220.29support plan implementation and to Minnesota health care programs, including home and 220.30community-based waiver services and consumer-directed options through the waivers, 220.31and referrals to programs that provide assistance with housing. Transition assistance 220.32must also include information about the Centers for Independent Living and the Senior 220.33LinkAge Line new text begin , Disability Linkage Line new text end , and about other organizations that can provide 220.34assistance with relocation efforts, and information about contacting these organizations to 220.35obtain their assistance and support. 221.1    (b) The county new text begin lead agency new text end shall develop transition processes with institutional 221.2social workers and discharge planners to ensure that: 221.3    (1) new text begin referrals for in-person assessments are taken from long-term care options new text end 221.4 new text begin counselors as provided for in section 256.975, subdivision 7, paragraph (b), clause (11); new text end 221.5 new text begin (2) new text end persons admitted to facilities new text begin assessed in institutions new text end receive information about 221.6transition assistance that is available; 221.7    (2) new text begin (3) new text end the assessment is completed for persons within ten working new text begin 20 calendar new text end days 221.8of the date of request or recommendation for assessment; and 221.9    (3) new text begin (4) new text end there is a plan for transition and follow-up for the individual's return to the 221.10community. The plan must require new text begin , including new text end notification of other local agencies when a 221.11person who may require assistance is screened by one county for admission to a facility new text begin new text end 221.12 new text begin from agencies new text end located in another county. new text begin ; and new text end 221.13 new text begin (5) relocation targeted case management as defined in section 256B.0621, new text end 221.14 new text begin subdivision 2, clause (4), is authorized for an eligible medical assistance recipient. new text end 221.15    (c) If a person who is eligible for a Minnesota health care program is admitted to a 221.16nursing facility, the nursing facility must include a consultation team member or the case 221.17manager in the discharge planning process. 221.18    Sec. 13. Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 4a, 221.19is amended to read: 221.20    Subd. 4a. Preadmission screening activities related to nursing facility 221.21admissions. (a) All applicants to Medicaid certified nursing facilities, including certified 221.22boarding care facilities, must be screened prior to admission regardless of income, assets, 221.23or funding sources for nursing facility care, except as described in subdivision 4b. The 221.24purpose of the screening is to determine the need for nursing facility level of care as 221.25described in paragraph (d) and to complete activities required under federal law related to 221.26mental illness and developmental disability as outlined in paragraph (b). 221.27(b) A person who has a diagnosis or possible diagnosis of mental illness or 221.28developmental disability must receive a preadmission screening before admission 221.29regardless of the exemptions outlined in subdivision 4b, paragraph (b), to identify the need 221.30for further evaluation and specialized services, unless the admission prior to screening is 221.31authorized by the local mental health authority or the local developmental disabilities case 221.32manager, or unless authorized by the county agency according to Public Law 101-508. 221.33The following criteria apply to the preadmission screening: 222.1(1) the county new text begin lead agency new text end must use forms and criteria developed by the 222.2commissioner to identify persons who require referral for further evaluation and 222.3determination of the need for specialized services; and 222.4(2) the evaluation and determination of the need for specialized services must be 222.5done by: 222.6(i) a qualified independent mental health professional, for persons with a primary or 222.7secondary diagnosis of a serious mental illness; or 222.8(ii) a qualified developmental disability professional, for persons with a primary or 222.9secondary diagnosis of developmental disability. For purposes of this requirement, a 222.10qualified developmental disability professional must meet the standards for a qualified 222.11developmental disability professional under Code of Federal Regulations, title 42, section 222.12483.430. 222.13(c) The local county mental health authority or the state developmental disability 222.14authority under Public Law Numbers 100-203 and 101-508 may prohibit admission to a 222.15nursing facility if the individual does not meet the nursing facility level of care criteria or 222.16needs specialized services as defined in Public Law Numbers 100-203 and 101-508. For 222.17purposes of this section, "specialized services" for a person with developmental disability 222.18means active treatment as that term is defined under Code of Federal Regulations, title 222.1942, section 483.440 (a)(1). 222.20(d) The determination of the need for nursing facility level of care must be made 222.21according to criteria developed by the commissioner, and in section 256B.092, using 222.22forms developed by the commissioner. Effective no sooner than on or after July 1, 2012, 222.23for individuals age 21 and older, and on or after October 1, 2019, for individuals under 222.24age 21, the determination of need for nursing facility level of care shall be based on 222.25criteria in section 144.0724, subdivision 11. In assessing a person's needs, consultation 222.26team members shall have a physician available for consultation and shall consider the 222.27assessment of the individual's attending physician, if any. The individual's physician must 222.28be included if the physician chooses to participate. Other personnel may be included on 222.29the team as deemed appropriate by the county new text begin lead agency new text end . 222.30    Sec. 14. Minnesota Statutes 2010, section 256B.0911, subdivision 4c, is amended to 222.31read: 222.32    Subd. 4c. Screening requirements. (a) A person may be screened for nursing 222.33facility admission by telephone or in a face-to-face screening interview. Consultation team 222.34members new text begin Certified assessors new text end shall identify each individual's needs using the following 222.35categories: 223.1    (1) the person needs no face-to-face screening interview to determine the need 223.2for nursing facility level of care based on information obtained from other health care 223.3professionals; 223.4    (2) the person needs an immediate face-to-face screening interview to determine the 223.5need for nursing facility level of care and complete activities required under subdivision 223.64a; or 223.7    (3) the person may be exempt from screening requirements as outlined in subdivision 223.84b, but will need transitional assistance after admission or in-person follow-along after 223.9a return home. 223.10    (b) Persons admitted on a nonemergency basis to a Medicaid-certified nursing 223.11facility must be screened prior to admission. 223.12    (c) The county new text begin lead agency new text end screening or intake activity must include processes to 223.13identify persons who may require transition assistance as described in subdivision 3b. 223.14    Sec. 15. Minnesota Statutes 2010, section 256B.0911, subdivision 6, is amended to 223.15read: 223.16    Subd. 6. Payment for long-term care consultation services. (a) The total payment 223.17for each county must be paid monthly by certified nursing facilities in the county. The 223.18monthly amount to be paid by each nursing facility for each fiscal year must be determined 223.19by dividing the county's annual allocation for long-term care consultation services by 12 223.20to determine the monthly payment and allocating the monthly payment to each nursing 223.21facility based on the number of licensed beds in the nursing facility. Payments to counties 223.22in which there is no certified nursing facility must be made by increasing the payment 223.23rate of the two facilities located nearest to the county seat. 223.24    (b) The commissioner shall include the total annual payment determined under 223.25paragraph (a) for each nursing facility reimbursed under section 256B.431 or new text begin , new text end 256B.434 223.26according to section 256B.431, subdivision 2b, paragraph (g) new text begin , or 256B.441 new text end . 223.27    (c) In the event of the layaway, delicensure and decertification, or removal from 223.28layaway of 25 percent or more of the beds in a facility, the commissioner may adjust 223.29the per diem payment amount in paragraph (b) and may adjust the monthly payment 223.30amount in paragraph (a). The effective date of an adjustment made under this paragraph 223.31shall be on or after the first day of the month following the effective date of the layaway, 223.32delicensure and decertification, or removal from layaway. 223.33    (d) Payments for long-term care consultation services are available to the county 223.34or counties to cover staff salaries and expenses to provide the services described in 223.35subdivision 1a. The county shall employ, or contract with other agencies to employ, within 224.1the limits of available funding, sufficient personnel to provide long-term care consultation 224.2services while meeting the state's long-term care outcomes and objectives as defined in 224.3section 256B.0917, subdivision 1. The county shall be accountable for meeting local 224.4objectives as approved by the commissioner in the biennial home and community-based 224.5services quality assurance plan on a form provided by the commissioner. 224.6    (e) Notwithstanding section 256B.0641, overpayments attributable to payment of the 224.7screening costs under the medical assistance program may not be recovered from a facility. 224.8    (f) The commissioner of human services shall amend the Minnesota medical 224.9assistance plan to include reimbursement for the local consultation teams. 224.10    (g) new text begin Until the alternative payment methodology in paragraph (h) is implemented, new text end 224.11the county may bill, as case management services, assessments, support planning, and 224.12follow-along provided to persons determined to be eligible for case management under 224.13Minnesota health care programs. No individual or family member shall be charged for an 224.14initial assessment or initial support plan development provided under subdivision 3a or 3b. 224.15(h) The commissioner shall develop an alternative payment methodology for 224.16long-term care consultation services that includes the funding available under this 224.17subdivision, and sections 256B.092 and 256B.0659. In developing the new payment 224.18methodology, the commissioner shall consider the maximization of new text begin other funding sources, new text end 224.19 new text begin including new text end federal funding new text begin , new text end for this new text begin all long-term care consultation and preadmission new text end 224.20 new text begin screening new text end activity. 224.21    Sec. 16. Minnesota Statutes 2010, section 256B.0913, subdivision 7, is amended to 224.22read: 224.23    Subd. 7. Case management. new text begin (a) The provision of case management under the new text end 224.24 new text begin alternative care program is governed by requirements in section 256B.0915, subdivisions new text end 224.25 new text begin 1a and 1b. new text end 224.26 new text begin (b) new text end The case manager must not approve alternative care funding for a client in any 224.27setting in which the case manager cannot reasonably ensure the client's health and safety. 224.28 new text begin (c) new text end The case manager is responsible for the cost-effectiveness of the alternative care 224.29individual care new text begin coordinated service and support new text end plan and must not approve any care plan 224.30in which the cost of services funded by alternative care and client contributions exceeds 224.31the limit specified in section 256B.0915, subdivision 3 new text begin 3a new text end , paragraph (b). 224.32 new text begin (d) Case manager responsibilities include those in section 256B.0915, subdivision new text end 224.33 new text begin 1a, paragraph (g). new text end 225.1    Sec. 17. Minnesota Statutes 2010, section 256B.0913, subdivision 8, is amended to 225.2read: 225.3    Subd. 8. Requirements for individual care new text begin coordinated service and support new text end 225.4plan. (a) The case manager shall implement the new text begin coordinated service and support new text end plan of 225.5care for each alternative care client and ensure that a client's service needs and eligibility 225.6are reassessed at least every 12 months. new text begin The coordinated service and support plan must new text end 225.7 new text begin meet the requirements in section 256B.0915, subdivision 6. new text end The plan shall include any 225.8services prescribed by the individual's attending physician as necessary to allow the 225.9individual to remain in a community setting. In developing the individual's care plan, the 225.10case manager should include the use of volunteers from families and neighbors, religious 225.11organizations, social clubs, and civic and service organizations to support the formal home 225.12care services. The lead agency shall be held harmless for damages or injuries sustained 225.13through the use of volunteers under this subdivision including workers' compensation 225.14liability. The case manager shall provide documentation in each individual's plan of care 225.15and, if requested, to the commissioner that the most cost-effective alternatives available 225.16have been offered to the individual and that the individual was free to choose among 225.17available qualified providers, both public and private, including qualified case management 225.18or service coordination providers other than those employed by any county; however, the 225.19county or tribe maintains responsibility for prior authorizing services in accordance with 225.20statutory and administrative requirements. The case manager must give the individual a 225.21ten-day written notice of any denial, termination, or reduction of alternative care services. 225.22    (b) The county of service or tribe must provide access to and arrange for case 225.23management services, including assuring implementation of the new text begin coordinated service new text end 225.24 new text begin and support new text end plan. "County of service" has the meaning given it in Minnesota Rules, 225.25part 9505.0015, subpart 11. The county of service must notify the county of financial 225.26responsibility of the approved care plan and the amount of encumbered funds. 225.27    Sec. 18. Minnesota Statutes 2010, section 256B.0915, subdivision 1a, is amended to 225.28read: 225.29    Subd. 1a. Elderly waiver case management services. (a) Elderly new text begin Except new text end 225.30 new text begin as provided to individuals under prepaid medical assistance programs as described new text end 225.31 new text begin in paragraph (h), new text end case management services under the home and community-based 225.32services waiver for elderly individuals are available from providers meeting qualification 225.33requirements and the standards specified in subdivision 1b. Eligible recipients may choose 225.34any qualified provider of elderly case management services. 226.1    (b) Case management services assist individuals who receive waiver services in 226.2gaining access to needed waiver and other state plan services, new text begin and assist individuals in new text end 226.3 new text begin appeals under section 256.045, new text end as well as needed medical, social, educational, and other 226.4services regardless of the funding source for the services to which access is gained. new text begin Case new text end 226.5 new text begin managers shall collaborate with consumers, families, legal representatives, and relevant new text end 226.6 new text begin medical experts and service providers in the development and periodic review of the new text end 226.7 new text begin coordinated service and support plan. new text end 226.8    (c) A case aide shall provide assistance to the case manager in carrying out 226.9administrative activities of the case management function. The case aide may not assume 226.10responsibilities that require professional judgment including assessments, reassessments, 226.11and care plan development. The case manager is responsible for providing oversight of 226.12the case aide. 226.13    (d) Case managers shall be responsible for ongoing monitoring of the provision 226.14of services included in the individual's plan of care. Case managers shall initiate and 226.15oversee the process of assessment and reassessment of the individual's care new text begin coordinated new text end 226.16 new text begin service and support plan new text end and review new text begin the new text end plan of care at intervals specified in the federally 226.17approved waiver plan. 226.18    (e) The county of service or tribe must provide access to and arrange for case 226.19management services. County of service has the meaning given it in Minnesota Rules, 226.20part 9505.0015, subpart 11. 226.21 new text begin (f) Except as described in paragraph (h), case management services must be provided new text end 226.22 new text begin by a public or private agency that is enrolled as a medical assistance provider determined new text end 226.23 new text begin by the commissioner to meet all of the requirements in subdivision 1b. Case management new text end 226.24 new text begin services must not be provided to a recipient by a private agency that has a financial interest new text end 226.25 new text begin in the provision of any other services included in the recipient's coordinated service and new text end 226.26 new text begin support plan. For purposes of this section, "private agency" means any agency that is not new text end 226.27 new text begin identified as a lead agency under section 256B.0911, subdivision 1a, paragraph (e). new text end 226.28 new text begin (g) Case management service activities provided to or arranged for a person include: new text end 226.29 new text begin (1) development of the coordinated service and support plan under subdivision 6; new text end 226.30 new text begin (2) informing the individual or the individual's legal guardian or conservator of new text end 226.31 new text begin service options, and options for case management services and providers; new text end 226.32 new text begin (3) consulting with relevant medical experts or service providers; new text end 226.33 new text begin (4) assisting the person in the identification of potential providers; new text end 226.34 new text begin (5) assisting the person to access services; new text end 226.35 new text begin (6) coordination of services; and new text end 227.1 new text begin (7) evaluation and monitoring of the services identified in the plan, which must new text end 227.2 new text begin incorporate at least one annual face-to-face visit by the case manager with each person. new text end 227.3 new text begin (h) Notwithstanding any requirements in this section, for individuals enrolled in new text end 227.4 new text begin prepaid medical assistance programs under section 256B.69, subdivisions 6b and 23, the new text end 227.5 new text begin health plan shall provide or arrange to provide elderly waiver case management services in new text end 227.6 new text begin paragraph (g), in accordance with contract requirements established by the commissioner. new text end 227.7    Sec. 19. Minnesota Statutes 2010, section 256B.0915, subdivision 1b, is amended to 227.8read: 227.9    Subd. 1b. Provider qualifications and standards. new text begin (a) new text end The commissioner must 227.10enroll qualified providers of elderly case management services under the home and 227.11community-based waiver for the elderly under section 1915(c) of the Social Security 227.12Act. The enrollment process shall ensure the provider's ability to meet the qualification 227.13requirements and standards in this subdivision and other federal and state requirements 227.14of this service. An elderly new text begin A new text end case management provider is an enrolled medical 227.15assistance provider who is determined by the commissioner to have all of the following 227.16characteristics: 227.17    (1) the demonstrated capacity and experience to provide the components of 227.18case management to coordinate and link community resources needed by the eligible 227.19population; 227.20    (2) administrative capacity and experience in serving the target population for 227.21whom it will provide services and in ensuring quality of services under state and federal 227.22requirements; 227.23    (3) a financial management system that provides accurate documentation of services 227.24and costs under state and federal requirements; 227.25    (4) the capacity to document and maintain individual case records under state and 227.26federal requirements; and 227.27    (5) the lead agency may allow a case manager employed by the lead agency to 227.28delegate certain aspects of the case management activity to another individual employed 227.29by the lead agency provided there is oversight of the individual by the case manager. 227.30The case manager may not delegate those aspects which require professional judgment 227.31including assessments, reassessments, and care new text begin coordinated service and support new text end plan 227.32development. Lead agencies include counties, health plans, and federally recognized 227.33tribes who authorize services under this section. 228.1 new text begin (b) A health plan shall provide or arrange to provide elderly waiver case management new text end 228.2 new text begin services in subdivision 1a, paragraph (g), in accordance with contract requirements new text end 228.3 new text begin established by the commissioner related to provider standards and qualifications. new text end 228.4    Sec. 20. Minnesota Statutes 2010, section 256B.0915, subdivision 3c, is amended to 228.5read: 228.6    Subd. 3c. Service approval and contracting provisions. (a) Medical assistance 228.7funding for skilled nursing services, private duty nursing, home health aide, and personal 228.8care services for waiver recipients must be approved by the case manager and included in 228.9the individual care new text begin coordinated service and support new text end plan. 228.10    (b) A lead agency is not required to contract with a provider of supplies and 228.11equipment if the monthly cost of the supplies and equipment is less than $250. 228.12    Sec. 21. Minnesota Statutes 2010, section 256B.0915, subdivision 6, is amended to 228.13read: 228.14    Subd. 6. Implementation of care new text begin coordinated service and support new text end plan. new text begin (a) new text end Each 228.15elderly waiver client shall be provided a copy of a written care new text begin coordinated service and new text end 228.16 new text begin support new text end plan that meets the requirements outlined in section 256B.0913, subdivision 8. 228.17The care plan must be implemented by the county of service when it is different than the 228.18county of financial responsibility. The county of service administering waivered services 228.19must notify the county of financial responsibility of the approved care plan. new text begin which: new text end 228.20 new text begin (1) is developed and signed by the recipient within ten working days after the case new text end 228.21 new text begin manager receives the assessment information and written community support plan as new text end 228.22 new text begin described in section 256B.0911, subdivision 3a, from the certified assessor; new text end 228.23 new text begin (2) includes the person's need for service and identification of service needs that will new text end 228.24 new text begin be or that are met by the person's relatives, friends, and others, as well as community new text end 228.25 new text begin services used by the general public; new text end 228.26 new text begin (3) reasonably ensures the health and safety of the recipient; new text end 228.27 new text begin (4) identifies the person's preferences for services as stated by the person or the new text end 228.28 new text begin person's legal guardian or conservator; new text end 228.29 new text begin (5) reflects the person's informed choice between institutional and community-based new text end 228.30 new text begin services, as well as choice of services, supports, and providers, including available case new text end 228.31 new text begin manager providers; new text end 228.32 new text begin (6) identifies long and short-range goals for the person; new text end 229.1 new text begin (7) identifies specific services and the amount, frequency, duration, and cost of the new text end 229.2 new text begin services to be provided to the person based on assessed needs, preferences, and available new text end 229.3 new text begin resources; new text end 229.4 new text begin (8) includes information about the right to appeal decisions under section 256.045; new text end 229.5 new text begin and new text end 229.6 new text begin (9) includes the authorized annual and estimated monthly amounts for the services. new text end 229.7 new text begin (b) In developing the coordinated service and support plan, the case manager should new text end 229.8 new text begin also include the use of volunteers, religious organizations, social clubs, and civic and new text end 229.9 new text begin service organizations to support the individual in the community. The lead agency must be new text end 229.10 new text begin held harmless for damages or injuries sustained through the use of volunteers and agencies new text end 229.11 new text begin under this paragraph, including workers' compensation liability. new text end 229.12    Sec. 22. Minnesota Statutes 2011 Supplement, section 256B.0915, subdivision 10, 229.13is amended to read: 229.14    Subd. 10. Waiver payment rates; managed care organizations. The 229.15commissioner shall adjust the elderly waiver capitation payment rates for managed 229.16care organizations paid under section 256B.69, subdivisions 6a new text begin 6b new text end and 23, to reflect the 229.17maximum service rate limits for customized living services and 24-hour customized 229.18living services under subdivisions 3e and 3h. Medical assistance rates paid to customized 229.19living providers by managed care organizations under this section shall not exceed the 229.20maximum service rate limits and component rates as determined by the commissioner 229.21under subdivisions 3e and 3h. 229.22    Sec. 23. Minnesota Statutes 2010, section 256B.092, subdivision 1, is amended to read: 229.23    Subdivision 1. County of financial responsibility; duties. Before any services 229.24shall be rendered to persons with developmental disabilities who are in need of social 229.25service and medical assistance, the county of financial responsibility shall conduct or 229.26arrange for a diagnostic evaluation in order to determine whether the person has or may 229.27have a developmental disability or has or may have a related condition. If the county 229.28of financial responsibility determines that the person has a developmental disability, 229.29the county shall inform the person of case management services available under this 229.30section. Except as provided in subdivision 1g or 4b, if a person is diagnosed as having a 229.31developmental disability, the county of financial responsibility shall conduct or arrange for 229.32a needs assessment new text begin by a certified assessor new text end , new text begin and new text end develop or arrange for an individual service new text begin new text end 229.33 new text begin a community support new text end plan new text begin according to section 256B.0911 new text end , provide or arrange for ongoing 229.34case management services at the level identified in the individual service plan, provide 230.1or arrange for case management administration, and authorize services identified in the 230.2person's individual service new text begin coordinated service and support new text end plan developed according to 230.3subdivision 1b. Diagnostic information, obtained by other providers or agencies, may be 230.4used by the county agency in determining eligibility for case management. Nothing in this 230.5section shall be construed as requiring: (1) assessment in areas agreed to as unnecessary 230.6by the case manager new text begin a certified assessor new text end and the person, or the person's legal guardian or 230.7conservator, or the parent if the person is a minor, or (2) assessments in areas where there 230.8has been a functional assessment completed in the previous 12 months for which the 230.9case manager new text begin certified assessor new text end and the person or person's guardian or conservator, or the 230.10parent if the person is a minor, agree that further assessment is not necessary. For persons 230.11under state guardianship, the case manager new text begin certified assessor new text end shall seek authorization from 230.12the public guardianship office for waiving any assessment requirements. Assessments 230.13related to health, safety, and protection of the person for the purpose of identifying service 230.14type, amount, and frequency or assessments required to authorize services may not be 230.15waived. To the extent possible, for wards of the commissioner the county shall consider 230.16the opinions of the parent of the person with a developmental disability when developing 230.17the person's individual service new text begin community support new text end plan new text begin and coordinated service and new text end 230.18 new text begin support plan new text end . 230.19    Sec. 24. Minnesota Statutes 2010, section 256B.092, subdivision 1a, is amended to 230.20read: 230.21    Subd. 1a. Case management administration and services. (a) The administrative 230.22functions of case management provided to or arranged for a person include: new text begin Each recipient new text end 230.23 new text begin of a home and community-based waiver shall be provided case management services by new text end 230.24 new text begin qualified vendors as described in the federally approved waiver application. new text end 230.25(1) review of eligibility for services; 230.26(2) screening; 230.27(3) intake; 230.28(4) diagnosis; 230.29(5) the review and authorization of services based upon an individualized service 230.30plan; and 230.31(6) responding to requests for conciliation conferences and appeals according to 230.32section made by the person, the person's legal guardian or conservator, or the 230.33parent if the person is a minor. 230.34(b) Case management service activities provided to or arranged for a person include: 231.1(1) development of the individual service new text begin coordinated service and support new text end plan new text begin new text end 231.2 new text begin under subdivision 1b new text end ; 231.3(2) informing the individual or the individual's legal guardian or conservator, or 231.4parent if the person is a minor, of service options; 231.5(3) consulting with relevant medical experts or service providers; 231.6(4) assisting the person in the identification of potential providers; 231.7(5) assisting the person to access services new text begin and assisting in appeals under section new text end 231.8 new text begin 256.045 new text end ; 231.9(6) coordination of services, if coordination is not provided by another service 231.10provider; 231.11(7) evaluation and monitoring of the services identified in the new text begin coordinated service new text end 231.12 new text begin and support new text end plan new text begin , which must incorporate at least one annual face-to-face visit by the case new text end 231.13 new text begin manager with each person new text end ; and 231.14(8) annual reviews of service plans and services provided new text begin reviewing coordinated new text end 231.15 new text begin service and support plans and providing the lead agency with recommendations for service new text end 231.16 new text begin authorization based upon the individual's needs identified in the coordinated service and new text end 231.17 new text begin support plan new text end . 231.18(c) Case management administration and service activities that are provided to the 231.19person with a developmental disability shall be provided directly by county agencies or 231.20under contract. new text begin Case management services must be provided by a public or private agency new text end 231.21 new text begin that is enrolled as a medical assistance provider determined by the commissioner to meet new text end 231.22 new text begin all of the requirements in the approved federal waiver plans. Case management services new text end 231.23 new text begin must not be provided to a recipient by a private agency that has a financial interest in the new text end 231.24 new text begin provision of any other services included in the recipient's coordinated service and support new text end 231.25 new text begin plan. For purposes of this section, "private agency" means any agency that is not identified new text end 231.26 new text begin as a lead agency under section 256B.0911, subdivision 1a, paragraph (e). new text end 231.27(d) Case managers are responsible for the administrative duties and service 231.28provisions listed in paragraphs (a) and (b). Case managers shall collaborate with 231.29consumers, families, legal representatives, and relevant medical experts and service 231.30providers in the development and annual review of the individualized service new text begin coordinated new text end 231.31 new text begin service and support plan new text end and habilitation plans new text begin plan new text end . 231.32(e) The Department of Human Services shall offer ongoing education in case 231.33management to case managers. Case managers shall receive no less than ten hours of case 231.34management education and disability-related training each year. 232.1    Sec. 25. Minnesota Statutes 2010, section 256B.092, subdivision 1b, is amended to 232.2read: 232.3    Subd. 1b. Individual new text begin Coordinated new text end service new text begin and support new text end plan. The individual 232.4service plan must new text begin (a) Each recipient of home and community-based waivered services new text end 232.5 new text begin shall be provided a copy of the written coordinated service and support plan which new text end : 232.6 new text begin (1) is developed and signed by the recipient within ten working days after the case new text end 232.7 new text begin manager receives the assessment information and written community support plan as new text end 232.8 new text begin described in section 256B.0911, subdivision 3a, from the certified assessor; new text end 232.9(1) include the results of the assessment information on new text begin (2) includes new text end the person's 232.10need for service, including identification of service needs that will be or that are met 232.11by the person's relatives, friends, and others, as well as community services used by 232.12the general public; 232.13 new text begin (3) reasonably ensures the health and safety of the recipient; new text end 232.14(2) identify new text begin (4) identifies new text end the person's preferences for services as stated by the 232.15person, the person's legal guardian or conservator, or the parent if the person is a minor new text begin , new text end 232.16 new text begin including the person's choices made on self-directed options and on services and supports new text end 232.17 new text begin to achieve employment goals new text end ; 232.18 new text begin (5) provides for an informed choice, as defined in section 256B.77, subdivision 2, new text end 232.19 new text begin paragraph (o), of service and support providers, and identifies all available options for new text end 232.20 new text begin case management services and providers; new text end 232.21(3) identify new text begin (6) identifies new text end long- and short-range goals for the person; 232.22(4) identify new text begin (7) identifies new text end specific services and the amount and frequency of the 232.23services to be provided to the person based on assessed needs, preferences, and available 232.24resources. The individual service new text begin coordinated service and support new text end plan shall also specify 232.25other services the person needs that are not available; 232.26(5) identify new text begin (8) identifies new text end the need for an individual program plan to be developed 232.27by the provider according to the respective state and federal licensing and certification 232.28standards, and additional assessments to be completed or arranged by the provider after 232.29service initiation; 232.30(6) identify new text begin (9) identifies new text end provider responsibilities to implement and make 232.31recommendations for modification to the individual service new text begin coordinated service and new text end 232.32 new text begin support new text end plan; 232.33(7) include new text begin (10) includes new text end notice of the right to request a conciliation conference or a 232.34hearing under section 256.045; 233.1(8) be new text begin (11) is new text end agreed upon and signed by the person, the person's legal guardian 233.2or conservator, or the parent if the person is a minor, and the authorized county 233.3representative; and 233.4(9) be new text begin (12) is new text end reviewed by a health professional if the person has overriding medical 233.5needs that impact the delivery of services. new text begin ; and new text end 233.6 new text begin (13) includes the authorized annual and monthly amounts for the services. new text end 233.7Service planning formats developed for interagency planning such as transition, 233.8vocational, and individual family service plans may be substituted for service planning 233.9formats developed by county agencies. 233.10 new text begin (b) In developing the coordinated service and support plan, the case manager is new text end 233.11 new text begin encouraged to include the use of volunteers, religious organizations, social clubs, and civic new text end 233.12 new text begin and service organizations to support the individual in the community. The lead agency new text end 233.13 new text begin must be held harmless for damages or injuries sustained through the use of volunteers and new text end 233.14 new text begin agencies under this paragraph, including workers' compensation liability. new text end 233.15    Sec. 26. Minnesota Statutes 2010, section 256B.092, subdivision 1e, is amended to 233.16read: 233.17    Subd. 1e. Coordination, evaluation, and monitoring of services. (a) If the 233.18individual service new text begin coordinated service and support new text end plan identifies the need for individual 233.19program plans for authorized services, the case manager shall assure that individual 233.20program plans are developed by the providers according to clauses (2) to (5). The 233.21providers shall assure that the individual program plans: 233.22(1) are developed according to the respective state and federal licensing and 233.23certification requirements; 233.24(2) are designed to achieve the goals of the individual service new text begin coordinated service new text end 233.25 new text begin and support new text end plan; 233.26(3) are consistent with other aspects of the individual service new text begin coordinated service new text end 233.27 new text begin and support new text end plan; 233.28(4) assure the health and safety of the person; and 233.29(5) are developed with consistent and coordinated approaches to services among the 233.30various service providers. 233.31(b) The case manager shall monitor the provision of services: 233.32(1) to assure that the individual service new text begin coordinated service and support new text end plan is 233.33being followed according to paragraph (a); 234.1(2) to identify any changes or modifications that might be needed in the individual 234.2service new text begin coordinated service and support new text end plan, including changes resulting from 234.3recommendations of current service providers; 234.4(3) to determine if the person's legal rights are protected, and if not, notify the 234.5person's legal guardian or conservator, or the parent if the person is a minor, protection 234.6services, or licensing agencies as appropriate; and 234.7(4) to determine if the person, the person's legal guardian or conservator, or the 234.8parent if the person is a minor, is satisfied with the services provided. 234.9(c) If the provider fails to develop or carry out the individual program plan according 234.10to paragraph (a), the case manager shall notify the person's legal guardian or conservator, 234.11or the parent if the person is a minor, the provider, the respective licensing and certification 234.12agencies, and the county board where the services are being provided. In addition, the 234.13case manager shall identify other steps needed to assure the person receives the services 234.14identified in the individual service new text begin coordinated service and support new text end plan. 234.15    Sec. 27. Minnesota Statutes 2010, section 256B.092, subdivision 1g, is amended to 234.16read: 234.17    Subd. 1g. Conditions not requiring development of individual service new text begin new text end 234.18 new text begin coordinated service and support new text end plan. Unless otherwise required by federal law, the 234.19county agency is not required to complete an individual service new text begin a coordinated service and new text end 234.20 new text begin support new text end plan as defined in subdivision 1b for: 234.21(1) persons whose families are requesting respite care for their family member who 234.22resides with them, or whose families are requesting a family support grant and are not 234.23requesting purchase or arrangement of habilitative services; and 234.24(2) persons with developmental disabilities, living independently without authorized 234.25services or receiving funding for services at a rehabilitation facility as defined in section 234.26268A.01, subdivision 6 , and not in need of or requesting additional services. 234.27    Sec. 28. Minnesota Statutes 2010, section 256B.092, subdivision 2, is amended to read: 234.28    Subd. 2. Medical assistance. To assure quality case management to those persons 234.29who are eligible for medical assistance, the commissioner shall, upon request: 234.30(1) provide consultation on the case management process; 234.31(2) assist county agencies in the screening and annual reviews of clients review 234.32process to assure that appropriate levels of service are provided to persons; 234.33(3) provide consultation on service planning and development of services with 234.34appropriate options; 235.1(4) provide training and technical assistance to county case managers; and 235.2(5) authorize payment for medical assistance services according to this chapter 235.3and rules implementing it. 235.4    Sec. 29. Minnesota Statutes 2010, section 256B.092, subdivision 3, is amended to read: 235.5    Subd. 3. Authorization and termination of services. County agency case 235.6managers, under rules of the commissioner, shall authorize and terminate services of 235.7community and regional treatment center providers according to individual service new text begin new text end 235.8 new text begin support new text end plans. Services provided to persons with developmental disabilities may only be 235.9authorized and terminated by case managers new text begin or certified assessors new text end according to (1) rules of 235.10the commissioner and (2) the individual service new text begin coordinated service and support new text end plan as 235.11defined in subdivision 1b. Medical assistance services not needed shall not be authorized 235.12by county agencies or funded by the commissioner. When purchasing or arranging for 235.13unlicensed respite care services for persons with overriding health needs, the county 235.14agency shall seek the advice of a health care professional in assessing provider staff 235.15training needs and skills necessary to meet the medical needs of the person. 235.16    Sec. 30. Minnesota Statutes 2010, section 256B.092, subdivision 5, is amended to read: 235.17    Subd. 5. Federal waivers. (a) The commissioner shall apply for any federal 235.18waivers necessary to secure, to the extent allowed by law, federal financial participation 235.19under United States Code, title 42, sections 1396 et seq., as amended, for the provision 235.20of services to persons who, in the absence of the services, would need the level of care 235.21provided in a regional treatment center or a community intermediate care facility for 235.22persons with developmental disabilities. The commissioner may seek amendments to the 235.23waivers or apply for additional waivers under United States Code, title 42, sections 1396 235.24et seq., as amended, to contain costs. The commissioner shall ensure that payment for 235.25the cost of providing home and community-based alternative services under the federal 235.26waiver plan shall not exceed the cost of intermediate care services including day training 235.27and habilitation services that would have been provided without the waivered services. 235.28The commissioner shall seek an amendment to the 1915c home and 235.29community-based waiver to allow properly licensed adult foster care homes to provide 235.30residential services to up to five individuals with developmental disabilities. If the 235.31amendment to the waiver is approved, adult foster care providers that can accommodate 235.32five individuals shall increase their capacity to five beds, provided the providers continue 235.33to meet all applicable licensing requirements. 236.1(b) The commissioner, in administering home and community-based waivers for 236.2persons with developmental disabilities, shall ensure that day services for eligible persons 236.3are not provided by the person's residential service provider, unless the person or the 236.4person's legal representative is offered a choice of providers and agrees in writing to 236.5provision of day services by the residential service provider. The individual service new text begin new text end 236.6 new text begin coordinated service and support new text end plan for individuals who choose to have their residential 236.7service provider provide their day services must describe how health, safety, protection, 236.8and habilitation needs will be met, including how frequent and regular contact with 236.9persons other than the residential service provider will occur. The individualized service new text begin new text end 236.10 new text begin coordinated service and support new text end plan must address the provision of services during the 236.11day outside the residence on weekdays. 236.12(c) When a county new text begin lead agency new text end is evaluating denials, reductions, or terminations 236.13of home and community-based services under section 256B.0916 for an individual, the 236.14case manager new text begin lead agency new text end shall offer to meet with the individual or the individual's 236.15guardian in order to discuss the prioritization of service needs within the individualized 236.16service new text begin coordinated service and support new text end plan. The reduction in the authorized services 236.17for an individual due to changes in funding for waivered services may not exceed the 236.18amount needed to ensure medically necessary services to meet the individual's health, 236.19safety, and welfare. 236.20    Sec. 31. Minnesota Statutes 2010, section 256B.092, subdivision 7, is amended to read: 236.21    Subd. 7. Screening teams new text begin Assessments new text end . new text begin (a) Assessments and reassessments shall new text end 236.22 new text begin be conducted by certified assessors according to section 256B.0911, and must incorporate new text end 236.23 new text begin appropriate referrals to determine eligibility for case management under subdivision 1a. new text end 236.24 new text begin (b) new text end For persons with developmental disabilities, screening teams shall be established 236.25which new text begin a certified assessor new text end shall evaluate the need for the new text begin an institutional new text end level of care new text begin . new text end 236.26provided by residential-based habilitation services, residential services, training and 236.27habilitation services, and nursing facility services. The evaluation new text begin assessment new text end shall 236.28address whether home and community-based services are appropriate for persons who 236.29are at risk of placement in an intermediate care facility for persons with developmental 236.30disabilities, or for whom there is reasonable indication that they might require this level of 236.31care. The screening team new text begin certified assessor new text end shall make an evaluation of need within 60 236.32working days of a request for service by a person with a developmental disability, and 236.33within five working days of an emergency admission of a person to an intermediate care 236.34facility for persons with developmental disabilities. The screening team shall consist of 236.35the case manager for persons with developmental disabilities, the person, the person's 237.1legal guardian or conservator, or the parent if the person is a minor, and a qualified 237.2developmental disability professional, as defined in the Code of Federal Regulations, 237.3title 42, section , as amended through June 3, 1988. The case manager may also 237.4act as the qualified developmental disability professional if the case manager meets 237.5the federal definition. County social service agencies may contract with a public or 237.6private agency or individual who is not a service provider for the person for the public 237.7guardianship representation required by the screening or individual service planning 237.8process. The contract shall be limited to public guardianship representation for the 237.9screening and individual service planning activities. The contract shall require compliance 237.10with the commissioner's instructions and may be for paid or voluntary services. For 237.11persons determined to have overriding health care needs and are seeking admission to a 237.12nursing facility or an ICF/MR, or seeking access to home and community-based waivered 237.13services, a registered nurse must be designated as either the case manager or the qualified 237.14developmental disability professional. For persons under the jurisdiction of a correctional 237.15agency, the case manager must consult with the corrections administrator regarding 237.16additional health, safety, and supervision needs. The case manager, with the concurrence 237.17of the person, the person's legal guardian or conservator, or the parent if the person is a 237.18minor, may invite other individuals to attend meetings of the screening team. No member 237.19of the screening team shall have any direct or indirect service provider interest in the case. 237.20Nothing in this section shall be construed as requiring the screening team meeting to be 237.21separate from the service planning meeting. 237.22    Sec. 32. Minnesota Statutes 2010, section 256B.092, subdivision 8, is amended to read: 237.23    Subd. 8. Screening team new text begin Additional certified assessor new text end duties. new text begin In addition to the new text end 237.24 new text begin responsibilities of certified assessors described in section 256B.0911, for persons with new text end 237.25 new text begin developmental disabilities, new text end the screening team new text begin certified assessor new text end shall: 237.26(1) review diagnostic data; 237.27(2) review health, social, and developmental assessment data using a uniform 237.28screening tool specified by the commissioner; 237.29(3) identify the level of services appropriate to maintain the person in the most 237.30normal and least restrictive setting that is consistent with the person's treatment needs; 237.31(4) new text begin (1) new text end identify other noninstitutional public assistance or social service that may 237.32prevent or delay long-term residential placement; 237.33(5) new text begin (2) new text end assess whether a person is in need of long-term residential care; 237.34(6) new text begin (3) new text end make recommendations regarding placement and payment for: 238.1(i) social service or public assistance support, or both, to maintain a person in the 238.2person's own home or other place of residence; 238.3(ii) training and habilitation service, vocational rehabilitation, and employment 238.4training activities; 238.5(iii) community residential new text begin service new text end placement; 238.6(iv) regional treatment center placement; or 238.7(v) a home and community-based service alternative to community residential 238.8placement new text begin service new text end or regional treatment center placement new text begin including self-directed service new text end 238.9 new text begin options new text end ; 238.10(7) new text begin (4) new text end evaluate the availability, location, and quality of the services listed in clause 238.11(6) new text begin (3) new text end , including the impact of placement alternatives on the person's ability to maintain 238.12or improve existing patterns of contact and involvement with parents and other family 238.13members; 238.14(8) new text begin (5) new text end identify the cost implications of recommendations in clause (6) new text begin (3) new text end ; new text begin and new text end 238.15(9) new text begin (6) new text end make recommendations to a court as may be needed to assist the court in 238.16making decisions regarding commitment of persons with developmental disabilities; and new text begin . new text end 238.17(10) inform the person and the person's legal guardian or conservator, or the parent if 238.18the person is a minor, that appeal may be made to the commissioner pursuant to section 238.19. 238.20    Sec. 33. Minnesota Statutes 2010, section 256B.092, subdivision 8a, is amended to 238.21read: 238.22    Subd. 8a. County concurrence new text begin notification new text end . (a) If the county of financial 238.23responsibility wishes to place a person in another county for services, the county of 238.24financial responsibility shall seek concurrence from new text begin notify new text end the proposed county of service 238.25and the placement shall be made cooperatively between the two counties. Arrangements 238.26shall be made between the two counties for ongoing social service, including annual 238.27reviews of the person's individual service new text begin coordinated service and support new text end plan. The county 238.28where services are provided may not make changes in the person's service new text begin coordinated new text end 238.29 new text begin service and support new text end plan without approval by the county of financial responsibility. 238.30(b) When a person has been screened and authorized for services in an intermediate 238.31care facility for persons with developmental disabilities or for home and community-based 238.32services for persons with developmental disabilities, the case manager shall assist that 238.33person in identifying a service provider who is able to meet the needs of the person 238.34according to the person's individual service plan. If the identified service is to be provided 238.35in a county other than the county of financial responsibility, the county of financial 239.1responsibility shall request concurrence of the county where the person is requesting to 239.2receive the identified services. The county of service may refuse to concur new text begin shall notify new text end 239.3 new text begin the county of financial responsibility new text end if: 239.4(1) it can demonstrate that the provider is unable to provide the services identified in 239.5the person's individual service plan as services that are needed and are to be provided; or 239.6(2) new text begin , new text end in the case of an intermediate care facility for persons with developmental 239.7disabilities, there has been no authorization for admission by the admission review team 239.8as required in section 256B.0926. 239.9(c) The county of service shall notify the county of financial responsibility of 239.10concurrence or refusal to concur new text begin any concerns about the chosen provider's capacity to new text end 239.11 new text begin meet the needs of the person seeking to move to residential services in another county new text end no 239.12later than 20 working days following receipt of the written request new text begin notification new text end . Unless 239.13other mutually acceptable arrangements are made by the involved county agencies, the 239.14county of financial responsibility is responsible for costs of social services and the costs 239.15associated with the development and maintenance of the placement. The county of 239.16service may request that the county of financial responsibility purchase case management 239.17services from the county of service or from a contracted provider of case management 239.18when the county of financial responsibility is not providing case management as defined 239.19in this section and rules adopted under this section, unless other mutually acceptable 239.20arrangements are made by the involved county agencies. Standards for payment limits 239.21under this section may be established by the commissioner. Financial disputes between 239.22counties shall be resolved as provided in section 256G.09. new text begin This subdivision also applies to new text end 239.23 new text begin home and community-based waiver services provided under section 256B.49. new text end 239.24    Sec. 34. Minnesota Statutes 2010, section 256B.092, subdivision 9, is amended to read: 239.25    Subd. 9. Reimbursement. Payment for services shall not be provided to a 239.26service provider for any person placed in an intermediate care facility for persons with 239.27developmental disabilities prior to the person being screened by the screening team new text begin new text end 239.28 new text begin receiving an assessment by a certified assessor new text end . The commissioner shall not deny 239.29reimbursement for: (1) a person admitted to an intermediate care facility for persons 239.30with developmental disabilities who is assessed to need long-term supportive services, 239.31if long-term supportive services other than intermediate care are not available in that 239.32community; (2) any person admitted to an intermediate care facility for persons with 239.33developmental disabilities under emergency circumstances; (3) any eligible person placed 239.34in the intermediate care facility for persons with developmental disabilities pending an 239.35appeal of the screening team's new text begin certified assessor's new text end decision; or (4) any medical assistance 240.1recipient when, after full discussion of all appropriate alternatives including those that 240.2are expected to be less costly than intermediate care for persons with developmental 240.3disabilities, the person or the person's legal guardian or conservator, or the parent if the 240.4person is a minor, insists on intermediate care placement. The screening team new text begin certified new text end 240.5 new text begin assessor new text end shall provide documentation that the most cost-effective alternatives available 240.6were offered to this individual or the individual's legal guardian or conservator. 240.7    Sec. 35. Minnesota Statutes 2010, section 256B.092, subdivision 11, is amended to 240.8read: 240.9    Subd. 11. Residential support services. (a) Upon federal approval, there is 240.10established a new service called residential support that is available on the community 240.11alternative care, community alternatives for disabled individuals, developmental 240.12disabilities, and traumatic brain injury waivers. Existing waiver service descriptions 240.13must be modified to the extent necessary to ensure there is no duplication between 240.14other services. Residential support services must be provided by vendors licensed as a 240.15community residential setting as defined in section 245A.11, subdivision 8. 240.16(b) Residential support services must meet the following criteria: 240.17(1) providers of residential support services must own or control the residential site; 240.18(2) the residential site must not be the primary residence of the license holder; 240.19(3) the residential site must have a designated program supervisor responsible for 240.20program oversight, development, and implementation of policies and procedures; 240.21(4) the provider of residential support services must provide supervision, training, 240.22and assistance as described in the person's community new text begin coordinated service and new text end support 240.23plan; and 240.24(5) the provider of residential support services must meet the requirements of 240.25licensure and additional requirements of the person's community new text begin coordinated service and new text end 240.26support plan. 240.27(c) Providers of residential support services that meet the definition in paragraph 240.28(a) must be registered using a process determined by the commissioner beginning July 240.291, 2009. 240.30    Sec. 36. Minnesota Statutes 2010, section 256B.15, subdivision 1c, is amended to read: 240.31    Subd. 1c. Notice of potential claim. (a) A state agency with a claim or potential 240.32claim under this section may file a notice of potential claim under this subdivision anytime 240.33before or within one year after a medical assistance recipient dies. The claimant shall be 240.34the state agency. A notice filed prior to the recipient's death shall not take effect and shall 241.1not be effective as notice until the recipient dies. A notice filed after a recipient dies 241.2shall be effective from the time of filing. 241.3    (b) The notice of claim shall be filed or recorded in the real estate records in the 241.4office of the county recorder or registrar of titles for each county in which any part of 241.5the property is located. The recorder shall accept the notice for recording or filing. The 241.6registrar of titles shall accept the notice for filing if the recipient has a recorded interest in 241.7the property. The registrar of titles shall not carry forward to a new certificate of title any 241.8notice filed more than one year from the date of the recipient's death. 241.9    (c) The notice must be dated, state the name of the claimant, the medical assistance 241.10recipient's name and new text begin last four digits of the new text end Social Security number if filed before their 241.11death and their date of death if filed after they die, the name and date of death of any 241.12predeceased spouse of the medical assistance recipient for whom a claim may exist, a 241.13statement that the claimant may have a claim arising under this section, generally identify 241.14the recipient's interest in the property, contain a legal description for the property and 241.15whether it is abstract or registered property, a statement of when the notice becomes 241.16effective and the effect of the notice, be signed by an authorized representative of the state 241.17agency, and may include such other contents as the state agency may deem appropriate. 241.18    Sec. 37. Minnesota Statutes 2010, section 256B.15, subdivision 1f, is amended to read: 241.19    Subd. 1f. Agency lien. (a) The notice shall constitute a lien in favor of the 241.20Department of Human Services against the recipient's interests in the real estate it 241.21describes for a period of 20 years from the date of filing or the date of the recipient's death, 241.22whichever is later. Notwithstanding any law or rule to the contrary, a recipient's life estate 241.23and joint tenancy interests shall not end upon the recipient's death but shall continue 241.24according to subdivisions 1h, 1i, and 1j. The amount of the lien shall be equal to the total 241.25amount of the claims that could be presented in the recipient's estate under this section. 241.26    (b) If no estate has been opened for the deceased recipient, any holder of an interest 241.27in the property may apply to the lienholder for a statement of the amount of the lien or 241.28for a full or partial release of the lien. The application shall include the applicant's name, 241.29current mailing address, current home and work telephone numbers, and a description of 241.30their interest in the property, a legal description of the recipient's interest in the property, 241.31and the deceased recipient's name, date of birth, and new text begin last four digits of the new text end Social Security 241.32number. The lienholder shall send the applicant by certified mail, return receipt requested, 241.33a written statement showing the amount of the lien, whether the lienholder is willing to 241.34release the lien and under what conditions, and inform them of the right to a hearing under 242.1section 256.045. The lienholder shall have the discretion to compromise and settle the lien 242.2upon any terms and conditions the lienholder deems appropriate. 242.3    (c) Any holder of an interest in property subject to the lien has a right to request 242.4a hearing under section 256.045 to determine the validity, extent, or amount of the lien. 242.5The request must be in writing, and must include the names, current addresses, and home 242.6and business telephone numbers for all other parties holding an interest in the property. A 242.7request for a hearing by any holder of an interest in the property shall be deemed to be a 242.8request for a hearing by all parties owning interests in the property. Notice of the hearing 242.9shall be given to the lienholder, the party filing the appeal, and all of the other holders of 242.10interests in the property at the addresses listed in the appeal by certified mail, return receipt 242.11requested, or by ordinary mail. Any owner of an interest in the property to whom notice of 242.12the hearing is mailed shall be deemed to have waived any and all claims or defenses in 242.13respect to the lien unless they appear and assert any claims or defenses at the hearing. 242.14    (d) If the claim the lien secures could be filed under subdivision 1h, the lienholder 242.15may collect, compromise, settle, or release the lien upon any terms and conditions it deems 242.16appropriate. If the claim the lien secures could be filed under subdivision 1i or 1j, the lien 242.17may be adjusted or enforced to the same extent had it been filed under subdivisions 1i 242.18and 1j, and the provisions of subdivisions 1i, clause (f), and 1j, clause (d), shall apply to 242.19voluntary payment, settlement, or satisfaction of the lien. 242.20    (e) If no probate proceedings have been commenced for the recipient as of the date 242.21the lien holder executes a release of the lien on a recipient's life estate or joint tenancy 242.22interest, created for purposes of this section, the release shall terminate the life estate or 242.23joint tenancy interest created under this section as of the date it is recorded or filed to the 242.24extent of the release. If the claimant executes a release for purposes of extinguishing a 242.25life estate or a joint tenancy interest created under this section to remove a cloud on title 242.26to real property, the release shall have the effect of extinguishing any life estate or joint 242.27tenancy interests in the property it describes which may have been continued by reason 242.28of this section retroactive to the date of death of the deceased life tenant or joint tenant 242.29except as provided for in section 514.981, subdivision 6. 242.30    (f) If the deceased recipient's estate is probated, a claim shall be filed under this 242.31section. The amount of the lien shall be limited to the amount of the claim as finally 242.32allowed. If the claim the lien secures is filed under subdivision 1h, the lien may be released 242.33in full after any allowance of the claim becomes final or according to any agreement to 242.34settle and satisfy the claim. The release shall release the lien but shall not extinguish 242.35or terminate the interest being released. If the claim the lien secures is filed under 242.36subdivision 1i or 1j, the lien shall be released after the lien under subdivision 1i or 1j is 243.1filed or recorded, or settled according to any agreement to settle and satisfy the claim. The 243.2release shall not extinguish or terminate the interest being released. If the claim is finally 243.3disallowed in full, the claimant shall release the claimant's lien at the claimant's expense. 243.4    Sec. 38. Minnesota Statutes 2010, section 256B.49, subdivision 13, is amended to read: 243.5    Subd. 13. Case management. (a) Each recipient of a home and community-based 243.6waiver shall be provided case management services by qualified vendors as described 243.7in the federally approved waiver application. The case management service activities 243.8provided will new text begin must new text end include: 243.9    (1) assessing the needs of the individual within 20 working days of a recipient's 243.10request; 243.11    (2) developing new text begin (1) finalizing new text end the written individual service new text begin coordinated service and new text end 243.12 new text begin support new text end plan within ten working days after the assessment is completed new text begin case manager new text end 243.13 new text begin receives the plan from the certified assessor new text end ; 243.14    (3) new text begin (2) new text end informing the recipient or the recipient's legal guardian or conservator 243.15of service options; 243.16    (4) new text begin (3) new text end assisting the recipient in the identification of potential service providers new text begin and new text end 243.17 new text begin available options for case management service and providers new text end ; 243.18    (5) new text begin (4) new text end assisting the recipient to access services new text begin and assisting with appeals under new text end 243.19 new text begin section 256.045 new text end ; new text begin and new text end 243.20    (6) new text begin (5) new text end coordinating, evaluating, and monitoring of the services identified in the 243.21service plan; new text begin . new text end 243.22    (7) completing the annual reviews of the service plan; and 243.23    (8) informing the recipient or legal representative of the right to have assessments 243.24completed and service plans developed within specified time periods, and to appeal county 243.25action or inaction under section 256.045, subdivision 3, including the determination of 243.26nursing facility level of care. 243.27    (b) The case manager may delegate certain aspects of the case management service 243.28activities to another individual provided there is oversight by the case manager. The case 243.29manager may not delegate those aspects which require professional judgment including 243.30assessments, reassessments, and care plan development. new text begin : new text end 243.31 new text begin (1) finalizing the coordinated service and support plan; new text end 243.32 new text begin (2) ongoing assessment and monitoring of the person's needs and adequacy of the new text end 243.33 new text begin approved coordinated service and support plan; and new text end 243.34 new text begin (3) adjustments to the coordinated service and support plan. new text end 244.1 new text begin (c) Case management services must be provided by a public or private agency that is new text end 244.2 new text begin enrolled as a medical assistance provider determined by the commissioner to meet all of new text end 244.3 new text begin the requirements in the approved federal waiver plans. Case management services must new text end 244.4 new text begin not be provided to a recipient by a private agency that has any financial interest in the new text end 244.5 new text begin provision of any other services included in the recipient's coordinated service and support new text end 244.6 new text begin plan. For purposes of this section, "private agency" means any agency that is not identified new text end 244.7 new text begin as a lead agency under section 256B.0911, subdivision 1a, paragraph (e). new text end 244.8    Sec. 39. Minnesota Statutes 2011 Supplement, section 256B.49, subdivision 14, 244.9is amended to read: 244.10    Subd. 14. Assessment and reassessment. (a) Assessments of each recipient's 244.11strengths, informal support systems, and need for services shall be completed within 20 244.12working days of the recipient's request as provided in section . Reassessment 244.13of each recipient's strengths, support systems, and need for services shall be conducted 244.14at least every 12 months and at other times when there has been a significant change in 244.15the recipient's functioning new text begin and reassessments shall be conducted by certified assessors new text end 244.16 new text begin according to section 256B.0911, subdivision 2b new text end . 244.17(b) There must be a determination that the client requires a hospital level of care or a 244.18nursing facility level of care as defined in section 256B.0911, subdivision 4a, paragraph 244.19(d), at initial and subsequent assessments to initiate and maintain participation in the 244.20waiver program. 244.21(c) Regardless of other assessments identified in section 144.0724, subdivision 4, as 244.22appropriate to determine nursing facility level of care for purposes of medical assistance 244.23payment for nursing facility services, only face-to-face assessments conducted according 244.24to section 256B.0911, subdivisions 3a, 3b, and 4d, that result in a hospital level of care 244.25determination or a nursing facility level of care determination must be accepted for 244.26purposes of initial and ongoing access to waiver services payment. 244.27(d) Persons with developmental disabilities who apply for services under the nursing 244.28facility level waiver programs shall be screened for the appropriate level of care according 244.29to section . 244.30(e) new text begin (d) new text end Recipients who are found eligible for home and community-based services 244.31under this section before their 65th birthday may remain eligible for these services after 244.32their 65th birthday if they continue to meet all other eligibility factors. 244.33(f) new text begin (e) new text end The commissioner shall develop criteria to identify recipients whose level of 244.34functioning is reasonably expected to improve and reassess these recipients to establish 244.35a baseline assessment. Recipients who meet these criteria must have a comprehensive 245.1transitional service plan developed under subdivision 15, paragraphs (b) and (c), and be 245.2reassessed every six months until there has been no significant change in the recipient's 245.3functioning for at least 12 months. After there has been no significant change in the 245.4recipient's functioning for at least 12 months, reassessments of the recipient's strengths, 245.5informal support systems, and need for services shall be conducted at least every 12 245.6months and at other times when there has been a significant change in the recipient's 245.7functioning. Counties, case managers, and service providers are responsible for 245.8conducting these reassessments and shall complete the reassessments out of existing funds. 245.9    Sec. 40. Minnesota Statutes 2011 Supplement, section 256B.49, subdivision 15, 245.10is amended to read: 245.11    Subd. 15. Individualized service new text begin Coordinated service and support new text end plan; 245.12comprehensive transitional service plan; maintenance service plan. (a) Each recipient 245.13of home and community-based waivered services shall be provided a copy of the written 245.14 new text begin coordinated new text end service new text begin and support new text end plan which: new text begin meets the requirements in section 256B.092, new text end 245.15 new text begin subdivision 1b. new text end 245.16(1) is developed and signed by the recipient within ten working days of the 245.17completion of the assessment; 245.18(2) meets the assessed needs of the recipient; 245.19(3) reasonably ensures the health and safety of the recipient; 245.20(4) promotes independence; 245.21(5) allows for services to be provided in the most integrated settings; and 245.22(6) provides for an informed choice, as defined in section 256B.77, subdivision 2, 245.23paragraph (p), of service and support providers. 245.24(b) In developing the comprehensive transitional service plan, the individual 245.25receiving services, the case manager, and the guardian, if applicable, will identify 245.26the transitional service plan fundamental service outcome and anticipated timeline to 245.27achieve this outcome. Within the first 20 days following a recipient's request for an 245.28assessment or reassessment, the transitional service planning team must be identified. A 245.29team leader must be identified who will be responsible for assigning responsibility and 245.30communicating with team members to ensure implementation of the transition plan and 245.31ongoing assessment and communication process. The team leader should be an individual, 245.32such as the case manager or guardian, who has the opportunity to follow the recipient to 245.33the next level of service. 245.34Within ten days following an assessment, a comprehensive transitional service plan 245.35must be developed incorporating elements of a comprehensive functional assessment and 246.1including short-term measurable outcomes and timelines for achievement of and reporting 246.2on these outcomes. Functional milestones must also be identified and reported according 246.3to the timelines agreed upon by the transitional service planning team. In addition, the 246.4comprehensive transitional service plan must identify additional supports that may assist 246.5in the achievement of the fundamental service outcome such as the development of greater 246.6natural community support, increased collaboration among agencies, and technological 246.7supports. 246.8The timelines for reporting on functional milestones will prompt a reassessment of 246.9services provided, the units of services, rates, and appropriate service providers. It is 246.10the responsibility of the transitional service planning team leader to review functional 246.11milestone reporting to determine if the milestones are consistent with observable skills 246.12and that milestone achievement prompts any needed changes to the comprehensive 246.13transitional service plan. 246.14For those whose fundamental transitional service outcome involves the need to 246.15procure housing, a plan for the recipient to seek the resources necessary to secure the least 246.16restrictive housing possible should be incorporated into the plan, including employment 246.17and public supports such as housing access and shelter needy funding. 246.18(c) Counties and other agencies responsible for funding community placement and 246.19ongoing community supportive services are responsible for the implementation of the 246.20comprehensive transitional service plans. Oversight responsibilities include both ensuring 246.21effective transitional service delivery and efficient utilization of funding resources. 246.22(d) Following one year of transitional services, the transitional services planning 246.23team will make a determination as to whether or not the individual receiving services 246.24requires the current level of continuous and consistent support in order to maintain the 246.25recipient's current level of functioning. Recipients who are determined to have not had 246.26a significant change in functioning for 12 months must move from a transitional to a 246.27maintenance service plan. Recipients on a maintenance service plan must be reassessed 246.28to determine if the recipient would benefit from a transitional service plan at least every 246.2912 months and at other times when there has been a significant change in the recipient's 246.30functioning. This assessment should consider any changes to technological or natural 246.31community supports. 246.32(e) When a county is evaluating denials, reductions, or terminations of home and 246.33community-based services under section 256B.49 for an individual, the case manager 246.34shall offer to meet with the individual or the individual's guardian in order to discuss the 246.35prioritization of service needs within the individualized new text begin coordinated new text end service new text begin and support new text end 246.36plan, comprehensive transitional service plan, or maintenance service plan. The reduction 247.1in the authorized services for an individual due to changes in funding for waivered 247.2services may not exceed the amount needed to ensure medically necessary services to 247.3meet the individual's health, safety, and welfare. 247.4(f) At the time of reassessment, local agency case managers shall assess each 247.5recipient of community alternatives for disabled individuals or traumatic brain injury 247.6waivered services currently residing in a licensed adult foster home that is not the primary 247.7residence of the license holder, or in which the license holder is not the primary caregiver, 247.8to determine if that recipient could appropriately be served in a community-living setting. 247.9If appropriate for the recipient, the case manager shall offer the recipient, through a 247.10person-centered planning process, the option to receive alternative housing and service 247.11options. In the event that the recipient chooses to transfer from the adult foster home, 247.12the vacated bed shall not be filled with another recipient of waiver services and group 247.13residential housing, unless provided under section 245A.03, subdivision 7, paragraph (a), 247.14clauses (3) and (4), and the licensed capacity shall be reduced accordingly. If the adult 247.15foster home becomes no longer viable due to these transfers, the county agency, with the 247.16assistance of the department, shall facilitate a consolidation of settings or closure. This 247.17reassessment process shall be completed by June 30, 2012. 247.18    Sec. 41. Minnesota Statutes 2010, section 256G.02, subdivision 6, is amended to read: 247.19    Subd. 6. Excluded time. "Excluded time" means: 247.20(a) new text begin (1) new text end any period an applicant spends in a hospital, sanitarium, nursing home, 247.21shelter other than an emergency shelter, halfway house, foster home, semi-independent 247.22living domicile or services program, residential facility offering care, board and lodging 247.23facility or other institution for the hospitalization or care of human beings, as defined in 247.24section 144.50, 144A.01, or 245A.02, subdivision 14; maternity home, battered women's 247.25shelter, or correctional facility; or any facility based on an emergency hold under sections 247.26253B.05, subdivisions 1 and 2 , and 253B.07, subdivision 6; 247.27(b) new text begin (2) new text end any period an applicant spends on a placement basis in a training and 247.28habilitation program, including new text begin : new text end a rehabilitation facility or work or employment program 247.29as defined in section 268A.01; or receiving personal care assistance services pursuant to 247.30section ; semi-independent living services provided under section 252.275, and 247.31Minnesota Rules, parts 9525.0500 to 9525.0660; new text begin or new text end day training and habilitation programs 247.32and assisted living services; and 247.33(c) new text begin (3) new text end any placement for a person with an indeterminate commitment, including 247.34independent living. 248.1    Sec. 42. new text begin RECOMMENDATIONS FOR FURTHER CASE MANAGEMENT new text end 248.2 new text begin REDESIGN AND STUDY OF COUNTY AND TRIBAL ADMINISTRATIVE new text end 248.3 new text begin FUNCTIONS. new text end 248.4 new text begin (a) By February 1, 2013, the commissioner of human services shall develop a new text end 248.5 new text begin legislative report with specific recommendations and language for proposed legislation new text end 248.6 new text begin for the following: new text end 248.7 new text begin (1) definitions of service and consolidation of standards and rates to the extent new text end 248.8 new text begin appropriate for all types of medical assistance case management service services, including new text end 248.9 new text begin targeted case management under Minnesota Statutes, sections 256B.0621, 256B.0924, and new text end 248.10 new text begin 256B.094, and all types of home and community-based waiver case management and case new text end 248.11 new text begin management under Minnesota Rules, parts 9525.0004 to 9525.0036. This work must be new text end 248.12 new text begin completed in collaboration with efforts under Minnesota Statutes, section 256B.4912; new text end 248.13 new text begin (2) recommendations on county of financial responsibility requirements and quality new text end 248.14 new text begin assurance measures for case management; and new text end 248.15 new text begin (3) identification of county administrative functions that may remain entwined in new text end 248.16 new text begin case management service delivery models. new text end 248.17     new text begin (b) The commissioner of human services shall evaluate county and tribal new text end 248.18 new text begin administrative functions, processes, and reimbursement methodologies for the purposes new text end 248.19 new text begin of administration of home and community-based services, and compliance and new text end 248.20 new text begin oversight functions. The commissioner shall work with county, tribal, and stakeholder new text end 248.21 new text begin representatives in the evaluation process and develop a plan for the delegation of new text end 248.22 new text begin commissioner duties to county and tribal entities after the elimination of county contracts new text end 248.23 new text begin under Minnesota Statutes, section 256B.4912, for waiver service provision and the new text end 248.24 new text begin creation of quality outcome standards under Laws 2009, chapter 79, article 8, section new text end 248.25 new text begin 81, and residential support services under Minnesota Statutes, sections 256B.092, new text end 248.26 new text begin subdivision 11, and 245A.11, subdivision 8. The commissioner shall present findings new text end 248.27 new text begin and recommendations to the chairs and ranking minority members of the legislative new text end 248.28 new text begin committees with jurisdiction over health and human services finance and policy by new text end 248.29 new text begin February 1, 2013, with any specific recommendations and language for proposed new text end 248.30 new text begin legislation to be effective July 1, 2013. new text end 248.31ARTICLE 12 248.32CHEMICAL AND MENTAL HEALTH 248.33    Section 1. Minnesota Statutes 2010, section 245.461, is amended by adding a 248.34subdivision to read: 249.1     new text begin Subd. 6. new text end new text begin Diagnostic codes list. new text end new text begin By July 1, 2013, the commissioner of human new text end 249.2 new text begin services shall develop a list of diagnostic codes to define the range of child and adult new text end 249.3 new text begin mental illnesses for the statewide mental health system. The commissioner may use the new text end 249.4 new text begin International Classification of Diseases (ICD); the American Psychiatric Association's new text end 249.5 new text begin Diagnostic and Statistical Manual (DSM); or a combination of both to develop the list. new text end 249.6 new text begin The commissioner shall establish an advisory committee, comprising mental health new text end 249.7 new text begin professional associations, counties, tribes, managed care organizations, state agencies, new text end 249.8 new text begin and consumer organizations that shall advise the commissioner regarding development of new text end 249.9 new text begin the diagnostic codes list. The commissioner shall annually notify providers of changes new text end 249.10 new text begin to the list. new text end 249.11    Sec. 2. Minnesota Statutes 2010, section 245.462, subdivision 20, is amended to read: 249.12    Subd. 20. Mental illness. (a) "Mental illness" means an organic disorder of the 249.13brain or a clinically significant disorder of thought, mood, perception, orientation, 249.14memory, or behavior that is listed in the clinical manual of the International Classification 249.15of Diseases (ICD-9-CM), current edition, code range 290.0 to 302.99 or 306.0 to 316.0 249.16or the corresponding code in the American Psychiatric Association's Diagnostic and 249.17Statistical Manual of Mental Disorders (DSM-MD), current edition, Axes I, II, or III new text begin new text end 249.18 new text begin detailed in a diagnostic codes list published by the commissioner new text end , and that seriously limits 249.19a person's capacity to function in primary aspects of daily living such as personal relations, 249.20living arrangements, work, and recreation. 249.21    (b) An "adult with acute mental illness" means an adult who has a mental illness that 249.22is serious enough to require prompt intervention. 249.23    (c) For purposes of case management and community support services, a "person 249.24with serious and persistent mental illness" means an adult who has a mental illness and 249.25meets at least one of the following criteria: 249.26    (1) the adult has undergone two or more episodes of inpatient care for a mental 249.27illness within the preceding 24 months; 249.28    (2) the adult has experienced a continuous psychiatric hospitalization or residential 249.29treatment exceeding six months' duration within the preceding 12 months; 249.30    (3) the adult has been treated by a crisis team two or more times within the preceding 249.3124 months; 249.32    (4) the adult: 249.33    (i) has a diagnosis of schizophrenia, bipolar disorder, major depression, or borderline 249.34personality disorder; 249.35    (ii) indicates a significant impairment in functioning; and 250.1    (iii) has a written opinion from a mental health professional, in the last three years, 250.2stating that the adult is reasonably likely to have future episodes requiring inpatient or 250.3residential treatment, of a frequency described in clause (1) or (2), unless ongoing case 250.4management or community support services are provided; 250.5    (5) the adult has, in the last three years, been committed by a court as a person 250.6who is mentally ill under chapter 253B, or the adult's commitment has been stayed or 250.7continued; or 250.8    (6) the adult (i) was eligible under clauses (1) to (5), but the specified time period 250.9has expired or the adult was eligible as a child under section 245.4871, subdivision 6; and 250.10(ii) has a written opinion from a mental health professional, in the last three years, stating 250.11that the adult is reasonably likely to have future episodes requiring inpatient or residential 250.12treatment, of a frequency described in clause (1) or (2), unless ongoing case management 250.13or community support services are provided. 250.14    Sec. 3. Minnesota Statutes 2010, section 245.487, is amended by adding a subdivision 250.15to read: 250.16     new text begin Subd. 7. new text end new text begin Diagnostic codes list. new text end new text begin By July 1, 2013, the commissioner of human new text end 250.17 new text begin services shall develop a list of diagnostic codes to define the range of child and adult new text end 250.18 new text begin mental illnesses for the statewide mental health system. The commissioner may use the new text end 250.19 new text begin International Classification of Diseases (ICD); the American Psychiatric Association's new text end 250.20 new text begin Diagnostic and Statistical Manual (DSM); or a combination of both to develop the list. new text end 250.21 new text begin The commissioner shall establish an advisory committee, comprising mental health new text end 250.22 new text begin professional associations, counties, tribes, managed care organizations, state agencies, new text end 250.23 new text begin and consumer organizations that shall advise the commissioner regarding development of new text end 250.24 new text begin the diagnostic codes list. The commissioner shall annually notify providers of changes new text end 250.25 new text begin to the list. new text end 250.26    Sec. 4. Minnesota Statutes 2010, section 245.4871, subdivision 15, is amended to read: 250.27    Subd. 15. Emotional disturbance. "Emotional disturbance" means an organic 250.28disorder of the brain or a clinically significant disorder of thought, mood, perception, 250.29orientation, memory, or behavior that: 250.30(1) is listed in the clinical manual of the International Classification of Diseases 250.31(ICD-9-CM), current edition, code range 290.0 to or 306.0 to 316.0 or the 250.32corresponding code in the American Psychiatric Association's Diagnostic and Statistical 250.33Manual of Mental Disorders (DSM-MD), current edition, Axes I, II, or III new text begin detailed in a new text end 250.34 new text begin diagnostic codes list published by the commissioner new text end ; and 251.1(2) seriously limits a child's capacity to function in primary aspects of daily living 251.2such as personal relations, living arrangements, work, school, and recreation. 251.3"Emotional disturbance" is a generic term and is intended to reflect all categories 251.4of disorder described in DSM-MD, current edition new text begin the clinical code list published by the new text end 251.5 new text begin commissioner new text end as "usually first evident in childhood or adolescence." 251.6    Sec. 5. Minnesota Statutes 2010, section 245.4932, subdivision 1, is amended to read: 251.7    Subdivision 1. Collaborative responsibilities. The children's mental health 251.8collaborative shall have the following authority and responsibilities regarding federal 251.9revenue enhancement: 251.10(1) the collaborative must establish an integrated fund; 251.11(2) the collaborative shall designate a lead county or other qualified entity as the 251.12fiscal agency for reporting, claiming, and receiving payments; 251.13(3) the collaborative or lead county may enter into subcontracts with other counties, 251.14school districts, special education cooperatives, municipalities, and other public and 251.15nonprofit entities for purposes of identifying and claiming eligible expenditures to enhance 251.16federal reimbursement; 251.17(4) the collaborative shall use any enhanced revenue attributable to the activities of 251.18the collaborative, including administrative and service revenue, solely to provide mental 251.19health services or to expand the operational target population. The lead county or other 251.20qualified entity may not use enhanced federal revenue for any other purpose; 251.21(5) the members of the collaborative must continue the base level of expenditures, 251.22as defined in section 245.492, subdivision 2, for services for children with emotional or 251.23behavioral disturbances and their families from any state, county, federal, or other public 251.24or private funding source which, in the absence of the new federal reimbursement earned 251.25under sections to , would have been available for those services. The 251.26base year for purposes of this subdivision shall be the accounting period closest to state 251.27fiscal year 1993; 251.28(6) new text begin (5) new text end the collaborative or lead county must develop and maintain an accounting and 251.29financial management system adequate to support all claims for federal reimbursement, 251.30including a clear audit trail and any provisions specified in the contract with the 251.31commissioner of human services; 251.32(7) new text begin (6) new text end the collaborative or its members may elect to pay the nonfederal share of the 251.33medical assistance costs for services designated by the collaborative; and 252.1(8) new text begin (7) new text end the lead county or other qualified entity may not use federal funds or local 252.2funds designated as matching for other federal funds to provide the nonfederal share of 252.3medical assistance. 252.4    Sec. 6. Minnesota Statutes 2010, section 246.53, is amended by adding a subdivision 252.5to read: 252.6     new text begin Subd. 4. new text end new text begin Exception from statute of limitations. new text end new text begin Any statute of limitations that new text end 252.7 new text begin limits the commissioner in recovering the cost of care obligation incurred by a client or new text end 252.8 new text begin former client shall not apply to any claim against an estate made under this section to new text end 252.9 new text begin recover the cost of care. new text end 252.10    Sec. 7. Minnesota Statutes 2011 Supplement, section 254B.04, subdivision 2a, is 252.11amended to read: 252.12    Subd. 2a. Eligibility for treatment in residential settings. Notwithstanding 252.13provisions of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an assessor's 252.14discretion in making placements to residential treatment settings, a person eligible for 252.15services under this section must score at level 4 on assessment dimensions related to 252.16relapse, continued use, and new text begin or new text end recovery environment in order to be assigned to services 252.17with a room and board component reimbursed under this section. 252.18    Sec. 8. Minnesota Statutes 2010, section 256B.0625, subdivision 42, is amended to 252.19read: 252.20    Subd. 42. Mental health professional. Notwithstanding Minnesota Rules, part 252.219505.0175, subpart 28, the definition of a mental health professional shall include a person 252.22who is qualified as specified in section 245.462, subdivision 18, clauses (5) and new text begin (1) to new text end (6); 252.23or 245.4871, subdivision 27, clauses (5) and new text begin (1) to new text end (6), for the purpose of this section and 252.24Minnesota Rules, parts 9505.0170 to 9505.0475. 252.25    Sec. 9. Minnesota Statutes 2010, section 256F.13, subdivision 1, is amended to read: 252.26    Subdivision 1. Federal revenue enhancement. (a) The commissioner of human 252.27services may enter into an agreement with one or more family services collaboratives 252.28to enhance federal reimbursement under title IV-E of the Social Security Act and 252.29federal administrative reimbursement under title XIX of the Social Security Act. The 252.30commissioner may contract with the Department of Education for purposes of transferring 252.31the federal reimbursement to the commissioner of education to be distributed to the 253.1collaboratives according to clause (2). The commissioner shall have the following 253.2authority and responsibilities regarding family services collaboratives: 253.3(1) the commissioner shall submit amendments to state plans and seek waivers as 253.4necessary to implement the provisions of this section; 253.5(2) the commissioner shall pay the federal reimbursement earned under this 253.6subdivision to each collaborative based on their earnings. Payments to collaboratives for 253.7expenditures under this subdivision will only be made of federal earnings from services 253.8provided by the collaborative; 253.9(3) the commissioner shall review expenditures of family services collaboratives 253.10using reports specified in the agreement with the collaborative to ensure that the base level 253.11of expenditures is continued and new federal reimbursement is used to expand education, 253.12social, health, or health-related services to young children and their families; 253.13(4) the commissioner may reduce, suspend, or eliminate a family services 253.14collaborative's obligations to continue the base level of expenditures or expansion of 253.15services if the commissioner determines that one or more of the following conditions 253.16apply: 253.17(i) imposition of levy limits that significantly reduce available funds for social, 253.18health, or health-related services to families and children; 253.19(ii) reduction in the net tax capacity of the taxable property eligible to be taxed by 253.20the lead county or subcontractor that significantly reduces available funds for education, 253.21social, health, or health-related services to families and children; 253.22(iii) reduction in the number of children under age 19 in the county, collaborative 253.23service delivery area, subcontractor's district, or catchment area when compared to the 253.24number in the base year using the most recent data provided by the State Demographer's 253.25Office; or 253.26(iv) termination of the federal revenue earned under the family services collaborative 253.27agreement; 253.28(5) new text begin (4) new text end the commissioner shall not use the federal reimbursement earned under this 253.29subdivision in determining the allocation or distribution of other funds to counties or 253.30collaboratives; 253.31(6) new text begin (5) new text end the commissioner may suspend, reduce, or terminate the federal 253.32reimbursement to a provider that does not meet the reporting or other requirements 253.33of this subdivision; 253.34(7) new text begin (6) new text end the commissioner shall recover from the family services collaborative any 253.35federal fiscal disallowances or sanctions for audit exceptions directly attributable to the 254.1family services collaborative's actions in the integrated fund, or the proportional share if 254.2federal fiscal disallowances or sanctions are based on a statewide random sample; and 254.3(8) new text begin (7) new text end the commissioner shall establish criteria for the family services collaborative 254.4for the accounting and financial management system that will support claims for federal 254.5reimbursement. 254.6(b) The family services collaborative shall have the following authority and 254.7responsibilities regarding federal revenue enhancement: 254.8(1) the family services collaborative shall be the party with which the commissioner 254.9contracts. A lead county shall be designated as the fiscal agency for reporting, claiming, 254.10and receiving payments; 254.11(2) the family services collaboratives may enter into subcontracts with other 254.12counties, school districts, special education cooperatives, municipalities, and other public 254.13and nonprofit entities for purposes of identifying and claiming eligible expenditures to 254.14enhance federal reimbursement, or to expand education, social, health, or health-related 254.15services to families and children; 254.16(3) the family services collaborative must use all new federal reimbursement 254.17resulting from federal revenue enhancement to expand expenditures for education, social, 254.18health, or health-related services to families and children beyond the base level, except 254.19as provided in paragraph (a), clause (4); 254.20(4) the family services collaborative must ensure that expenditures submitted for 254.21federal reimbursement are not made from federal funds or funds used to match other 254.22federal funds. Notwithstanding section 256B.19, subdivision 1, for the purposes of family 254.23services collaborative expenditures under agreement with the department, the nonfederal 254.24share of costs shall be provided by the family services collaborative from sources other 254.25than federal funds or funds used to match other federal funds; 254.26(5) the family services collaborative must develop and maintain an accounting and 254.27financial management system adequate to support all claims for federal reimbursement, 254.28including a clear audit trail and any provisions specified in the agreement; and 254.29(6) the family services collaborative shall submit an annual report to the 254.30commissioner as specified in the agreement. 254.31    Sec. 10. new text begin TERMINOLOGY AUDIT. new text end 254.32 new text begin The commissioner of human services shall collaborate with individuals with new text end 254.33 new text begin disabilities, families, advocates, and other governmental agencies to solicit feedback and new text end 254.34 new text begin identify inappropriate and insensitive terminology relating to individuals with disabilities, new text end 254.35 new text begin conduct a comprehensive audit of the placement of this terminology in Minnesota Statutes new text end 255.1 new text begin and Minnesota Rules, and make recommendations for changes to the 2013 legislature new text end 255.2 new text begin on the repeal and replacement of this terminology with more appropriate and sensitive new text end 255.3 new text begin terminology. new text end 255.4ARTICLE 13 255.5HEALTH CARE 255.6    Section 1. Minnesota Statutes 2011 Supplement, section 125A.21, subdivision 7, 255.7is amended to read: 255.8    Subd. 7. District disclosure of information. A school district may disclose 255.9information contained in a student's individualized education program, consistent with 255.10section 13.32, subdivision 3, paragraph (a), and Code of Federal Regulations, title 34, 255.11parts 99 and 300; including records of the student's diagnosis and treatment, to a health 255.12plan company only with the signed and dated consent of the student's parent, or other 255.13legally authorized individual, including consent that the parent or legal representative gave 255.14as part of the application process for MinnesotaCare or medical assistance under section 255.15256B.08, subdivision 1. The school district shall disclose only that information necessary 255.16for the health plan company to decide matters of coverage and payment. A health plan 255.17company may use the information only for making decisions regarding coverage and 255.18payment, and for any other use permitted by law. 255.19    Sec. 2. Minnesota Statutes 2010, section 256B.04, subdivision 14, is amended to read: 255.20    Subd. 14. Competitive bidding. (a) When determined to be effective, economical, 255.21and feasible, the commissioner may utilize volume purchase through competitive bidding 255.22and negotiation under the provisions of chapter 16C, to provide items under the medical 255.23assistance program including but not limited to the following: 255.24    (1) eyeglasses; 255.25    (2) oxygen. The commissioner shall provide for oxygen needed in an emergency 255.26situation on a short-term basis, until the vendor can obtain the necessary supply from 255.27the contract dealer; 255.28    (3) hearing aids and supplies; and 255.29    (4) durable medical equipment, including but not limited to: 255.30    (i) hospital beds; 255.31    (ii) commodes; 255.32    (iii) glide-about chairs; 255.33    (iv) patient lift apparatus; 255.34    (v) wheelchairs and accessories; 256.1    (vi) oxygen administration equipment; 256.2    (vii) respiratory therapy equipment; 256.3    (viii) electronic diagnostic, therapeutic and life-support systems; 256.4    (5) nonemergency medical transportation level of need determinations, disbursement 256.5of public transportation passes and tokens, and volunteer and recipient mileage and 256.6parking reimbursements; and 256.7    (6) drugs. 256.8    (b) Rate changes new text begin and recipient cost-sharing new text end under this chapter and chapters 256D and 256.9256L do not affect contract payments under this subdivision unless specifically identified. 256.10    (c) The commissioner may not utilize volume purchase through competitive bidding 256.11and negotiation for special transportation services under the provisions of chapter 16C. 256.12    Sec. 3. Minnesota Statutes 2011 Supplement, section 256B.056, subdivision 3, is 256.13amended to read: 256.14    Subd. 3. Asset limitations for individuals and families. (a) To be eligible for 256.15medical assistance, a person must not individually own more than $3,000 in assets, or if a 256.16member of a household with two family members, husband and wife, or parent and child, 256.17the household must not own more than $6,000 in assets, plus $200 for each additional 256.18legal dependent. In addition to these maximum amounts, an eligible individual or family 256.19may accrue interest on these amounts, but they must be reduced to the maximum at the 256.20time of an eligibility redetermination. The accumulation of the clothing and personal 256.21needs allowance according to section 256B.35 must also be reduced to the maximum at 256.22the time of the eligibility redetermination. The value of assets that are not considered in 256.23determining eligibility for medical assistance is the value of those assets excluded under 256.24the supplemental security income program for aged, blind, and disabled persons, with 256.25the following exceptions: 256.26(1) household goods and personal effects are not considered; 256.27(2) capital and operating assets of a trade or business that the local agency determines 256.28are necessary to the person's ability to earn an income are not considered; 256.29(3) motor vehicles are excluded to the same extent excluded by the supplemental 256.30security income program; 256.31(4) assets designated as burial expenses are excluded to the same extent excluded by 256.32the supplemental security income program. Burial expenses funded by annuity contracts 256.33or life insurance policies must irrevocably designate the individual's estate as contingent 256.34beneficiary to the extent proceeds are not used for payment of selected burial expenses; and 257.1(5) for a person who no longer qualifies as an employed person with a disability due 257.2to loss of earnings, assets allowed while eligible for medical assistance under section 257.3256B.057, subdivision 9 , are not considered for 12 months, beginning with the first month 257.4of ineligibility as an employed person with a disability, to the extent that the person's total 257.5assets remain within the allowed limits of section 256B.057, subdivision 9, paragraph 257.6(d). new text begin ; and new text end 257.7 new text begin (6) effective July 1, 2009, certain assets owned by American Indians are excluded as new text end 257.8 new text begin required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public new text end 257.9 new text begin Law 111-5. For purposes of this clause, an American Indian is any person who meets the new text end 257.10 new text begin definition of Indian according to Code of Federal Regulations, title 42, section 447.50. new text end 257.11(b) No asset limit shall apply to persons eligible under section 256B.055, subdivision 257.1215. 257.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2009. new text end 257.14    Sec. 4. Minnesota Statutes 2010, section 256B.056, subdivision 3c, is amended to read: 257.15    Subd. 3c. Asset limitations for families and children. A household of two or more 257.16persons must not own more than $20,000 in total net assets, and a household of one 257.17person must not own more than $10,000 in total net assets. In addition to these maximum 257.18amounts, an eligible individual or family may accrue interest on these amounts, but they 257.19must be reduced to the maximum at the time of an eligibility redetermination. The value of 257.20assets that are not considered in determining eligibility for medical assistance for families 257.21and children is the value of those assets excluded under the AFDC state plan as of July 16, 257.221996, as required by the Personal Responsibility and Work Opportunity Reconciliation 257.23Act of 1996 (PRWORA), Public Law 104-193, with the following exceptions: 257.24(1) household goods and personal effects are not considered; 257.25(2) capital and operating assets of a trade or business up to $200,000 are not 257.26considered, except that a bank account that contains personal income or assets, or is used to 257.27pay personal expenses, is not considered a capital or operating asset of a trade or business; 257.28(3) one motor vehicle is excluded for each person of legal driving age who is 257.29employed or seeking employment; 257.30(4) assets designated as burial expenses are excluded to the same extent they are 257.31excluded by the Supplemental Security Income program; 257.32(5) court-ordered settlements up to $10,000 are not considered; 257.33(6) individual retirement accounts and funds are not considered; and 257.34(7) assets owned by children are not considered. new text begin ; and new text end 258.1 new text begin (8) effective July 1, 2009, certain assets owned by American Indians are excluded, as new text end 258.2 new text begin required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public new text end 258.3 new text begin Law 111-5. For purposes of this clause, an American Indian is any person who meets the new text end 258.4 new text begin definition of Indian according to Code of Federal Regulations, title 42, section 447.50. new text end 258.5The assets specified in clause (2) must be disclosed to the local agency at the time of 258.6application and at the time of an eligibility redetermination, and must be verified upon 258.7request of the local agency. 258.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2009. new text end 258.9    Sec. 5. Minnesota Statutes 2011 Supplement, section 256B.057, subdivision 9, is 258.10amended to read: 258.11    Subd. 9. Employed persons with disabilities. (a) Medical assistance may be paid 258.12for a person who is employed and who: 258.13(1) but for excess earnings or assets, meets the definition of disabled under the 258.14Supplemental Security Income program; 258.15(2) is at least 16 but less than 65 years of age; 258.16(3) meets the asset limits in paragraph (d); and 258.17(4) pays a premium and other obligations under paragraph (e). 258.18    (b) For purposes of eligibility, there is a $65 earned income disregard. To be eligible 258.19for medical assistance under this subdivision, a person must have more than $65 of earned 258.20income. Earned income must have Medicare, Social Security, and applicable state and 258.21federal taxes withheld. The person must document earned income tax withholding. Any 258.22spousal income or assets shall be disregarded for purposes of eligibility and premium 258.23determinations. 258.24(c) After the month of enrollment, a person enrolled in medical assistance under 258.25this subdivision who: 258.26(1) is temporarily unable to work and without receipt of earned income due to a 258.27medical condition, as verified by a physician; or 258.28(2) loses employment for reasons not attributable to the enrollee, and is without 258.29receipt of earned income may retain eligibility for up to four consecutive months after the 258.30month of job loss. To receive a four-month extension, enrollees must verify the medical 258.31condition or provide notification of job loss. All other eligibility requirements must be met 258.32and the enrollee must pay all calculated premium costs for continued eligibility. 258.33(d) For purposes of determining eligibility under this subdivision, a person's assets 258.34must not exceed $20,000, excluding: 259.1(1) all assets excluded under section 256B.056; 259.2(2) retirement accounts, including individual accounts, 401(k) plans, 403(b) plans, 259.3Keogh plans, and pension plans; 259.4(3) medical expense accounts set up through the person's employer; and 259.5(4) spousal assets, including spouse's share of jointly held assets. 259.6(e) All enrollees must pay a premium to be eligible for medical assistance under this 259.7subdivision, except as provided under section 256.01, subdivision 18b new text begin clause (5) new text end . 259.8(1) An enrollee must pay the greater of a $65 premium or the premium calculated 259.9based on the person's gross earned and unearned income and the applicable family size 259.10using a sliding fee scale established by the commissioner, which begins at one percent of 259.11income at 100 percent of the federal poverty guidelines and increases to 7.5 percent of 259.12income for those with incomes at or above 300 percent of the federal poverty guidelines. 259.13(2) Annual adjustments in the premium schedule based upon changes in the federal 259.14poverty guidelines shall be effective for premiums due in July of each year. 259.15(3) All enrollees who receive unearned income must pay five percent of unearned 259.16income in addition to the premium amount, except as provided under section 256.01, 259.17subdivision 18b new text begin clause (5) new text end . 259.18(4) Increases in benefits under title II of the Social Security Act shall not be counted 259.19as income for purposes of this subdivision until July 1 of each year. 259.20 new text begin (5) Effective July 1, 2009, American Indians are exempt from paying premiums as new text end 259.21 new text begin required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public new text end 259.22 new text begin Law 111-5. For purposes of this clause, an American Indian is any person who meets the new text end 259.23 new text begin definition of Indian according to Code of Federal Regulations, title 42, section 447.50. new text end 259.24(f) A person's eligibility and premium shall be determined by the local county 259.25agency. Premiums must be paid to the commissioner. All premiums are dedicated to 259.26the commissioner. 259.27(g) Any required premium shall be determined at application and redetermined at 259.28the enrollee's six-month income review or when a change in income or household size is 259.29reported. Enrollees must report any change in income or household size within ten days 259.30of when the change occurs. A decreased premium resulting from a reported change in 259.31income or household size shall be effective the first day of the next available billing month 259.32after the change is reported. Except for changes occurring from annual cost-of-living 259.33increases, a change resulting in an increased premium shall not affect the premium amount 259.34until the next six-month review. 260.1(h) Premium payment is due upon notification from the commissioner of the 260.2premium amount required. Premiums may be paid in installments at the discretion of 260.3the commissioner. 260.4(i) Nonpayment of the premium shall result in denial or termination of medical 260.5assistance unless the person demonstrates good cause for nonpayment. Good cause exists 260.6if the requirements specified in Minnesota Rules, part 9506.0040, subpart 7, items B to 260.7D, are met. Except when an installment agreement is accepted by the commissioner, 260.8all persons disenrolled for nonpayment of a premium must pay any past due premiums 260.9as well as current premiums due prior to being reenrolled. Nonpayment shall include 260.10payment with a returned, refused, or dishonored instrument. The commissioner may 260.11require a guaranteed form of payment as the only means to replace a returned, refused, 260.12or dishonored instrument. 260.13(j) The commissioner shall notify enrollees annually beginning at least 24 months 260.14before the person's 65th birthday of the medical assistance eligibility rules affecting 260.15income, assets, and treatment of a spouse's income and assets that will be applied upon 260.16reaching age 65. 260.17(k) For enrollees whose income does not exceed 200 percent of the federal poverty 260.18guidelines and who are also enrolled in Medicare, the commissioner shall reimburse 260.19the enrollee for Medicare part B premiums under section 256B.0625, subdivision 15, 260.20paragraph (a). 260.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2009. new text end 260.22    Sec. 6. Minnesota Statutes 2010, section 256B.0595, subdivision 2, is amended to read: 260.23    Subd. 2. Period of ineligibility for long-term care services. (a) For any 260.24uncompensated transfer occurring on or before August 10, 1993, the number of months 260.25of ineligibility for long-term care services shall be the lesser of 30 months, or the 260.26uncompensated transfer amount divided by the average medical assistance rate for nursing 260.27facility services in the state in effect on the date of application. The amount used to 260.28calculate the average medical assistance payment rate shall be adjusted each July 1 to 260.29reflect payment rates for the previous calendar year. The period of ineligibility begins 260.30with the month in which the assets were transferred. If the transfer was not reported to 260.31the local agency at the time of application, and the applicant received long-term care 260.32services during what would have been the period of ineligibility if the transfer had been 260.33reported, a cause of action exists against the transferee for the cost of long-term care 260.34services provided during the period of ineligibility, or for the uncompensated amount of 260.35the transfer, whichever is less. The uncompensated transfer amount is the fair market 261.1value of the asset at the time it was given away, sold, or disposed of, less the amount of 261.2compensation received. 261.3    (b) For uncompensated transfers made after August 10, 1993, the number of months 261.4of ineligibility for long-term care services shall be the total uncompensated value of the 261.5resources transferred divided by the average medical assistance rate for nursing facility 261.6services in the state in effect on the date of application. The amount used to calculate 261.7the average medical assistance payment rate shall be adjusted each July 1 to reflect 261.8payment rates for the previous calendar year. The period of ineligibility begins with the 261.9first day of the month after the month in which the assets were transferred except that 261.10if one or more uncompensated transfers are made during a period of ineligibility, the 261.11total assets transferred during the ineligibility period shall be combined and a penalty 261.12period calculated to begin on the first day of the month after the month in which the first 261.13uncompensated transfer was made. If the transfer was reported to the local agency after 261.14the date that advance notice of a period of ineligibility that affects the next month could 261.15be provided to the recipient and the recipient received medical assistance services or the 261.16transfer was not reported to the local agency, and the applicant or recipient received 261.17medical assistance services during what would have been the period of ineligibility if 261.18the transfer had been reported, a cause of action exists against the transferee for that 261.19portion of long-term care services provided during the period of ineligibility, or for the 261.20uncompensated amount of the transfer, whichever is less. The uncompensated transfer 261.21amount is the fair market value of the asset at the time it was given away, sold, or disposed 261.22of, less the amount of compensation received. Effective for transfers made on or after 261.23March 1, 1996, involving persons who apply for medical assistance on or after April 13, 261.241996, no cause of action exists for a transfer unless: 261.25    (1) the transferee knew or should have known that the transfer was being made by a 261.26person who was a resident of a long-term care facility or was receiving that level of care in 261.27the community at the time of the transfer; 261.28    (2) the transferee knew or should have known that the transfer was being made to 261.29assist the person to qualify for or retain medical assistance eligibility; or 261.30    (3) the transferee actively solicited the transfer with intent to assist the person to 261.31qualify for or retain eligibility for medical assistance. 261.32    (c) For uncompensated transfers made on or after February 8, 2006, the period 261.33of ineligibility: 261.34    (1) for uncompensated transfers by or on behalf of individuals receiving medical 261.35assistance payment of long-term care services, begins the first day of the month following 261.36advance notice of the period of ineligibility, but no later than the first day of the month 262.1that follows three full calendar months from the date of the report or discovery of the 262.2transfer; or 262.3    (2) for uncompensated transfers by individuals requesting medical assistance 262.4payment of long-term care services, begins the date on which the individual is eligible 262.5for medical assistance under the Medicaid state plan and would otherwise be receiving 262.6long-term care services based on an approved application for such care but for the period 262.7of ineligibility resulting from the uncompensated transfer; and 262.8    (3) cannot begin during any other period of ineligibility. 262.9    (d) If a calculation of a period of ineligibility results in a partial month, payments for 262.10long-term care services shall be reduced in an amount equal to the fraction. 262.11    (e) In the case of multiple fractional transfers of assets in more than one month for 262.12less than fair market value on or after February 8, 2006, the period of ineligibility is 262.13calculated by treating the total, cumulative, uncompensated value of all assets transferred 262.14during all months on or after February 8, 2006, as one transfer. 262.15    (f) A period of ineligibility established under paragraph (c) may be eliminated if 262.16all of the assets transferred for less than fair market value used to calculate the period of 262.17ineligibility, or cash equal to the value of the assets at the time of the transfer, are returned 262.18within 12 months after the date the period of ineligibility began. A period of ineligibility 262.19must not be adjusted if less than the full amount of the transferred assets or the full cash 262.20value of the transferred assets are returned. 262.21    Sec. 7. Minnesota Statutes 2010, section 256B.0625, subdivision 13, is amended to 262.22read: 262.23    Subd. 13. Drugs. (a) Medical assistance covers drugs, except for fertility drugs 262.24when specifically used to enhance fertility, if prescribed by a licensed practitioner and 262.25dispensed by a licensed pharmacist, by a physician enrolled in the medical assistance 262.26program as a dispensing physician, or by a physician, physician assistant, or a nurse 262.27practitioner employed by or under contract with a community health board as defined in 262.28section 145A.02, subdivision 5, for the purposes of communicable disease control. 262.29(b) The dispensed quantity of a prescription drug must not exceed a 34-day supply, 262.30unless authorized by the commissioner. 262.31 new text begin (c) For the purpose of this subdivision and subdivision 13d, an "active new text end 262.32 new text begin pharmaceutical ingredient" is defined as a substance that is represented for use in a drug new text end 262.33 new text begin and when used in the manufacturing, processing, or packaging of a drug, becomes an new text end 262.34 new text begin active ingredient of the drug product. An "excipient" is defined as an inert substance new text end 262.35 new text begin used as a diluent or vehicle for a drug. The commissioner shall establish a list of active new text end 263.1 new text begin pharmaceutical ingredients and excipients which are included in the medical assistance new text end 263.2 new text begin formulary. Medical assistance covers selected active pharmaceutical ingredients and new text end 263.3 new text begin excipients used in compounded prescriptions when the compounded combination is new text end 263.4 new text begin specifically approved by the commissioner or when a commercially available product: new text end 263.5 new text begin (1) is not a therapeutic option for the patient; new text end 263.6 new text begin (2) does not exist in the same combination of active ingredients in the same strengths new text end 263.7 new text begin as the compounded prescription; and new text end 263.8 new text begin (3) cannot be used in place of the active pharmaceutical ingredient in the new text end 263.9 new text begin compounded prescription. new text end 263.10(c) new text begin (d) new text end Medical assistance covers the following over-the-counter drugs when 263.11prescribed by a licensed practitioner or by a licensed pharmacist who meets standards 263.12established by the commissioner, in consultation with the board of pharmacy: antacids, 263.13acetaminophen, family planning products, aspirin, insulin, products for the treatment of 263.14lice, vitamins for adults with documented vitamin deficiencies, vitamins for children 263.15under the age of seven and pregnant or nursing women, and any other over-the-counter 263.16drug identified by the commissioner, in consultation with the formulary committee, as 263.17necessary, appropriate, and cost-effective for the treatment of certain specified chronic 263.18diseases, conditions, or disorders, and this determination shall not be subject to the 263.19requirements of chapter 14. A pharmacist may prescribe over-the-counter medications as 263.20provided under this paragraph for purposes of receiving reimbursement under Medicaid. 263.21When prescribing over-the-counter drugs under this paragraph, licensed pharmacists must 263.22consult with the recipient to determine necessity, provide drug counseling, review drug 263.23therapy for potential adverse interactions, and make referrals as needed to other health care 263.24professionals. new text begin Over-the-counter medications must be dispensed in a quantity that is the new text end 263.25 new text begin lower of: (1) the number of dosage units contained in the manufacturer's original package; new text end 263.26 new text begin and (2) the number of dosage units required to complete the patient's course of therapy. new text end 263.27(d) new text begin (e) new text end Effective January 1, 2006, medical assistance shall not cover drugs that 263.28are coverable under Medicare Part D as defined in the Medicare Prescription Drug, 263.29Improvement, and Modernization Act of 2003, Public Law 108-173, section 1860D-2(e), 263.30for individuals eligible for drug coverage as defined in the Medicare Prescription 263.31Drug, Improvement, and Modernization Act of 2003, Public Law 108-173, section 263.321860D-1(a)(3)(A). For these individuals, medical assistance may cover drugs from the 263.33drug classes listed in United States Code, title 42, section 1396r-8(d)(2), subject to this 263.34subdivision and subdivisions 13a to 13g, except that drugs listed in United States Code, 263.35title 42, section 1396r-8(d)(2)(E), shall not be covered. 264.1    Sec. 8. Minnesota Statutes 2010, section 256B.0625, subdivision 13d, is amended to 264.2read: 264.3    Subd. 13d. Drug formulary. (a) The commissioner shall establish a drug 264.4formulary. Its establishment and publication shall not be subject to the requirements of the 264.5Administrative Procedure Act, but the Formulary Committee shall review and comment 264.6on the formulary contents. 264.7    (b) The formulary shall not include: 264.8    (1) drugs new text begin , active pharmaceutical ingredients, new text end or products for which there is no 264.9federal funding; 264.10    (2) over-the-counter drugs, except as provided in subdivision 13; 264.11    (3) drugs new text begin or active pharmaceutical ingredients new text end used for weight loss, except that 264.12medically necessary lipase inhibitors may be covered for a recipient with type II diabetes; 264.13    (4) drugs new text begin or active pharmaceutical ingredients new text end when used for the treatment of 264.14impotence or erectile dysfunction; 264.15    (5) drugs new text begin or active pharmaceutical ingredients new text end for which medical value has not 264.16been established; and 264.17    (6) drugs from manufacturers who have not signed a rebate agreement with the 264.18Department of Health and Human Services pursuant to section 1927 of title XIX of the 264.19Social Security Act. 264.20    (c) If a single-source drug used by at least two percent of the fee-for-service 264.21medical assistance recipients is removed from the formulary due to the failure of the 264.22manufacturer to sign a rebate agreement with the Department of Health and Human 264.23Services, the commissioner shall notify prescribing practitioners within 30 days of 264.24receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a 264.25rebate agreement was not signed. 264.26    Sec. 9. Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 13e, 264.27is amended to read: 264.28    Subd. 13e. Payment rates. (a) The basis for determining the amount of payment 264.29shall be the lower of the actual acquisition costs of the drugs or the maximum allowable 264.30cost by the commissioner plus the fixed dispensing fee; or the usual and customary price 264.31charged to the public. The amount of payment basis must be reduced to reflect all discount 264.32amounts applied to the charge by any provider/insurer agreement or contract for submitted 264.33charges to medical assistance programs. The net submitted charge may not be greater 264.34than the patient liability for the service. The pharmacy dispensing fee shall be $3.65, 264.35except that the dispensing fee for intravenous solutions which must be compounded by the 265.1pharmacist shall be $8 per bag, $14 per bag for cancer chemotherapy products, and $30 265.2per bag for total parenteral nutritional products dispensed in one liter quantities, or $44 per 265.3bag for total parenteral nutritional products dispensed in quantities greater than one liter. 265.4Actual acquisition cost includes quantity and other special discounts except time and cash 265.5discounts. The actual acquisition cost of a drug shall be estimated by the commissioner at 265.6wholesale acquisition cost plus four percent for independently owned pharmacies located 265.7in a designated rural area within Minnesota, and at wholesale acquisition cost plus two 265.8percent for all other pharmacies. A pharmacy is "independently owned" if it is one 265.9of four or fewer pharmacies under the same ownership nationally. A "designated rural 265.10area" means an area defined as a small rural area or isolated rural area according to the 265.11four-category classification of the Rural Urban Commuting Area system developed for the 265.12United States Health Resources and Services Administration. Wholesale acquisition cost 265.13is defined as the manufacturer's list price for a drug or biological to wholesalers or direct 265.14purchasers in the United States, not including prompt pay or other discounts, rebates, or 265.15reductions in price, for the most recent month for which information is available, as 265.16reported in wholesale price guides or other publications of drug or biological pricing data. 265.17The maximum allowable cost of a multisource drug may be set by the commissioner and it 265.18shall be comparable to, but no higher than, the maximum amount paid by other third-party 265.19payors in this state who have maximum allowable cost programs. Establishment of the 265.20amount of payment for drugs shall not be subject to the requirements of the Administrative 265.21Procedure Act. 265.22    (b) An additional dispensing fee of $.30 may be added to the dispensing fee paid 265.23to pharmacists for legend drug prescriptions dispensed to residents of long-term care 265.24facilities when a unit dose blister card system, approved by the department, is used. Under 265.25this type of dispensing system, the pharmacist must dispense a 30-day supply of drug. 265.26The National Drug Code (NDC) from the drug container used to fill the blister card must 265.27be identified on the claim to the department. The unit dose blister card containing the 265.28drug must meet the packaging standards set forth in Minnesota Rules, part 6800.2700, 265.29that govern the return of unused drugs to the pharmacy for reuse. The pharmacy provider 265.30will be required to credit the department for the actual acquisition cost of all unused 265.31drugs that are eligible for reuse. Over-the-counter medications must be dispensed in the 265.32manufacturer's unopened package. The commissioner may permit the drug clozapine to be 265.33dispensed in a quantity that is less than a 30-day supply. 265.34    (c) Whenever a maximum allowable cost has been set for a multisource drug, 265.35payment shall be the lower of the usual and customary price charged to the public or the 265.36maximum allowable cost established by the commissioner unless prior authorization 266.1for the brand name product has been granted according to the criteria established by 266.2the Drug Formulary Committee as required by subdivision 13f, paragraph (a), and the 266.3prescriber has indicated "dispense as written" on the prescription in a manner consistent 266.4with section 151.21, subdivision 2. 266.5    (d) The basis for determining the amount of payment for drugs administered in an 266.6outpatient setting shall be the lower of the usual and customary cost submitted by the 266.7provider or 106 percent of the average sales price as determined by the United States 266.8Department of Health and Human Services pursuant to title XVIII, section 1847a of the 266.9federal Social Security Act. If average sales price is unavailable, the amount of payment 266.10must be lower of the usual and customary cost submitted by the provider or the wholesale 266.11acquisition cost. 266.12    (e) The commissioner may negotiate lower reimbursement rates for specialty 266.13pharmacy products than the rates specified in paragraph (a). The commissioner may 266.14require individuals enrolled in the health care programs administered by the department 266.15to obtain specialty pharmacy products from providers with whom the commissioner has 266.16negotiated lower reimbursement rates. Specialty pharmacy products are defined as those 266.17used by a small number of recipients or recipients with complex and chronic diseases 266.18that require expensive and challenging drug regimens. Examples of these conditions 266.19include, but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis 266.20C, growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms 266.21of cancer. Specialty pharmaceutical products include injectable and infusion therapies, 266.22biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies 266.23that require complex care. The commissioner shall consult with the formulary committee 266.24to develop a list of specialty pharmacy products subject to this paragraph. In consulting 266.25with the formulary committee in developing this list, the commissioner shall take into 266.26consideration the population served by specialty pharmacy products, the current delivery 266.27system and standard of care in the state, and access to care issues. The commissioner shall 266.28have the discretion to adjust the reimbursement rate to prevent access to care issues. 266.29(f) Home infusion therapy services provided by home infusion therapy pharmacies 266.30must be paid at rates according to subdivision 8d. 266.31    Sec. 10. Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 13h, 266.32is amended to read: 266.33    Subd. 13h. Medication therapy management services. (a) Medical assistance 266.34and general assistance medical care cover medication therapy management services for 266.35a recipient taking three or more prescriptions to treat or prevent one or more chronic 267.1medical conditions; a recipient with a drug therapy problem that is identified by the 267.2commissioner or identified by a pharmacist and approved by the commissioner; or prior 267.3authorized by the commissioner that has resulted or is likely to result in significant 267.4nondrug program costs. The commissioner may cover medical therapy management 267.5services under MinnesotaCare if the commissioner determines this is cost-effective. For 267.6purposes of this subdivision, "medication therapy management" means the provision 267.7of the following pharmaceutical care services by a licensed pharmacist to optimize the 267.8therapeutic outcomes of the patient's medications: 267.9    (1) performing or obtaining necessary assessments of the patient's health status; 267.10    (2) formulating a medication treatment plan; 267.11    (3) monitoring and evaluating the patient's response to therapy, including safety 267.12and effectiveness; 267.13    (4) performing a comprehensive medication review to identify, resolve, and prevent 267.14medication-related problems, including adverse drug events; 267.15    (5) documenting the care delivered and communicating essential information to 267.16the patient's other primary care providers; 267.17    (6) providing verbal education and training designed to enhance patient 267.18understanding and appropriate use of the patient's medications; 267.19    (7) providing information, support services, and resources designed to enhance 267.20patient adherence with the patient's therapeutic regimens; and 267.21    (8) coordinating and integrating medication therapy management services within the 267.22broader health care management services being provided to the patient. 267.23Nothing in this subdivision shall be construed to expand or modify the scope of practice of 267.24the pharmacist as defined in section 151.01, subdivision 27. 267.25    (b) To be eligible for reimbursement for services under this subdivision, a pharmacist 267.26must meet the following requirements: 267.27    (1) have a valid license issued under chapter 151 new text begin by the Board of Pharmacy of the new text end 267.28 new text begin state in which the medication therapy management service is being performed new text end ; 267.29    (2) have graduated from an accredited college of pharmacy on or after May 1996, or 267.30completed a structured and comprehensive education program approved by the Board of 267.31Pharmacy and the American Council of Pharmaceutical Education for the provision and 267.32documentation of pharmaceutical care management services that has both clinical and 267.33didactic elements; 267.34    (3) be practicing in an ambulatory care setting as part of a multidisciplinary team or 267.35have developed a structured patient care process that is offered in a private or semiprivate 267.36patient care area that is separate from the commercial business that also occurs in the 268.1setting, or in home settings, including long-term care settings, group homes, and facilities 268.2providing assisted living services, but excluding skilled nursing facilities; and 268.3    (4) make use of an electronic patient record system that meets state standards. 268.4    (c) For purposes of reimbursement for medication therapy management services, 268.5the commissioner may enroll individual pharmacists as medical assistance and general 268.6assistance medical care providers. The commissioner may also establish contact 268.7requirements between the pharmacist and recipient, including limiting the number of 268.8reimbursable consultations per recipient. 268.9(d) If there are no pharmacists who meet the requirements of paragraph (b) practicing 268.10within a reasonable geographic distance of the patient, a pharmacist who meets the 268.11requirements may provide the services via two-way interactive video. Reimbursement 268.12shall be at the same rates and under the same conditions that would otherwise apply to 268.13the services provided. To qualify for reimbursement under this paragraph, the pharmacist 268.14providing the services must meet the requirements of paragraph (b), and must be located 268.15within an ambulatory care setting approved by the commissioner. The patient must also 268.16be located within an ambulatory care setting approved by the commissioner. Services 268.17provided under this paragraph may not be transmitted into the patient's residence. 268.18(e) The commissioner shall establish a pilot project for an intensive medication 268.19therapy management program for patients identified by the commissioner with multiple 268.20chronic conditions and a high number of medications who are at high risk of preventable 268.21hospitalizations, emergency room use, medication complications, and suboptimal 268.22treatment outcomes due to medication-related problems. For purposes of the pilot 268.23project, medication therapy management services may be provided in a patient's home 268.24or community setting, in addition to other authorized settings. The commissioner may 268.25waive existing payment policies and establish special payment rates for the pilot project. 268.26The pilot project must be designed to produce a net savings to the state compared to the 268.27estimated costs that would otherwise be incurred for similar patients without the program. 268.28The pilot project must begin by January 1, 2010, and end June 30, 2012. 268.29    Sec. 11. Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 14, 268.30is amended to read: 268.31    Subd. 14. Diagnostic, screening, and preventive services. (a) Medical assistance 268.32covers diagnostic, screening, and preventive services. 268.33(b) "Preventive services" include services related to pregnancy, including: 268.34(1) services for those conditions which may complicate a pregnancy and which may 268.35be available to a pregnant woman determined to be at risk of poor pregnancy outcome; 269.1(2) prenatal HIV risk assessment, education, counseling, and testing; and 269.2(3) alcohol abuse assessment, education, and counseling on the effects of alcohol 269.3usage while pregnant. Preventive services available to a woman at risk of poor pregnancy 269.4outcome may differ in an amount, duration, or scope from those available to other 269.5individuals eligible for medical assistance. 269.6(c) "Screening services" include, but are not limited to, blood lead tests. 269.7(d) The commissioner shall encourage, at the time of the child and teen checkup or 269.8at an episodic care visit, the primary care health care provider to perform primary caries 269.9preventive services. Primary caries preventive services include, at a minimum: 269.10(1) a general visual examination of the child's mouth without using probes or other 269.11dental equipment or taking radiographs; 269.12(2) a risk assessment using the factors established by the American Academies 269.13of Pediatrics and Pediatric Dentistry; and 269.14(3) the application of a fluoride varnish beginning at age one to those children 269.15assessed by the provider as being high risk in accordance with best practices as defined by 269.16the Department of Human Services. The provider must obtain parental or legal guardian 269.17consent before a fluoride treatment new text begin varnish new text end is applied to a minor child's teeth. 269.18At each checkup, if primary caries preventive services are provided, the provider must 269.19provide to the child's parent or legal guardian: information on caries etiology and 269.20prevention; and information on the importance of finding a dental home for their child 269.21by the age of one. The provider must also advise the parent or legal guardian to contact 269.22the child's managed care plan or the Department of Human Services in order to secure a 269.23dental appointment with a dentist. The provider must indicate in the child's medical record 269.24that the parent or legal guardian was provided with this information and document any 269.25primary caries prevention services provided to the child. 269.26    Sec. 12. Minnesota Statutes 2011 Supplement, section 256B.0631, subdivision 1, 269.27is amended to read: 269.28    Subdivision 1. Cost-sharing. (a) Except as provided in subdivision 2, the medical 269.29assistance benefit plan shall include the following cost-sharing for all recipients, effective 269.30for services provided on or after September 1, 2011: 269.31    (1) $3 per nonpreventive visit, except as provided in paragraph (b). For purposes 269.32of this subdivision, a visit means an episode of service which is required because of 269.33a recipient's symptoms, diagnosis, or established illness, and which is delivered in an 269.34ambulatory setting by a physician or physician ancillary, chiropractor, podiatrist, nurse 269.35midwife, advanced practice nurse, audiologist, optician, or optometrist; 270.1    (2) $3 for eyeglasses; 270.2    (3) new text begin (2) new text end $3.50 for nonemergency visits to a hospital-based emergency room, except 270.3that this co-payment shall be increased to $20 upon federal approval; 270.4    (4) new text begin (3) new text end $3 per brand-name drug prescription and $1 per generic drug prescription, 270.5subject to a $12 per month maximum for prescription drug co-payments. No co-payments 270.6shall apply to antipsychotic drugs when used for the treatment of mental illness; 270.7(5) new text begin (4) new text end effective January 1, 2012, a family deductible equal to the maximum amount 270.8allowed under Code of Federal Regulations, title 42, part 447.54; and 270.9    (6) new text begin (5) new text end for individuals identified by the commissioner with income at or below 100 270.10percent of the federal poverty guidelines, total monthly cost-sharing must not exceed five 270.11percent of family income. For purposes of this paragraph, family income is the total 270.12earned and unearned income of the individual and the individual's spouse, if the spouse is 270.13enrolled in medical assistance and also subject to the five percent limit on cost-sharing. 270.14    (b) Recipients of medical assistance are responsible for all co-payments and 270.15deductibles in this subdivision. 270.16    Sec. 13. Minnesota Statutes 2011 Supplement, section 256B.0631, subdivision 2, 270.17is amended to read: 270.18    Subd. 2. Exceptions. Co-payments and deductibles shall be subject to the following 270.19exceptions: 270.20(1) children under the age of 21; 270.21(2) pregnant women for services that relate to the pregnancy or any other medical 270.22condition that may complicate the pregnancy; 270.23(3) recipients expected to reside for at least 30 days in a hospital, nursing home, or 270.24intermediate care facility for the developmentally disabled; 270.25(4) recipients receiving hospice care; 270.26(5) 100 percent federally funded services provided by an Indian health service; 270.27(6) emergency services; 270.28(7) family planning services; 270.29(8) services that are paid by Medicare, resulting in the medical assistance program 270.30paying for the coinsurance and deductible; and 270.31(9) co-payments that exceed one per day per provider for nonpreventive visits, 270.32eyeglasses, and nonemergency visits to a hospital-based emergency room. new text begin ; and new text end 270.33 new text begin (10) services, fee-for-service payments subject to volume purchase through new text end 270.34 new text begin competitive bidding. new text end 271.1    Sec. 14. Minnesota Statutes 2010, section 256B.19, subdivision 1c, is amended to read: 271.2    Subd. 1c. Additional portion of nonfederal share. (a) Hennepin County shall 271.3be responsible for a monthly transfer payment of $1,500,000, due before noon on the 271.415th of each month and the University of Minnesota shall be responsible for a monthly 271.5transfer payment of $500,000 due before noon on the 15th of each month, beginning July 271.615, 1995. These sums shall be part of the designated governmental unit's portion of the 271.7nonfederal share of medical assistance costs. 271.8(b) Beginning July 1, 2001, Hennepin County's payment under paragraph (a) shall 271.9be $2,066,000 each month. 271.10(c) Beginning July 1, 2001, the commissioner shall increase annual capitation 271.11payments to the metropolitan health plan new text begin a demonstration provider serving eligible new text end 271.12 new text begin individuals in Hennepin County new text end under section 256B.69 for the prepaid medical assistance 271.13program by approximately $6,800,000 to recognize higher than average medical education 271.14costs. 271.15(d) Effective August 1, 2005, Hennepin County's payment under paragraphs (a) 271.16and (b) shall be reduced to $566,000, and the University of Minnesota's payment under 271.17paragraph (a) shall be reduced to zero. Effective October 1, 2008, to December 31, 2010, 271.18Hennepin County's payment under paragraphs (a) and (b) shall be $434,688. Effective 271.19January 1, 2011, Hennepin County's payment under paragraphs (a) and (b) shall be 271.20$566,000. 271.21(e) Notwithstanding paragraph (d), upon federal enactment of an extension to June 271.2230, 2011, of the enhanced federal medical assistance percentage (FMAP) originally 271.23provided under Public Law 111-5, for the six-month period from January 1, 2011, to June 271.2430, 2011, Hennepin County's payment under paragraphs (a) and (b) shall be $434,688. 271.25    Sec. 15. Minnesota Statutes 2010, section 256B.69, subdivision 5, is amended to read: 271.26    Subd. 5. Prospective per capita payment. The commissioner shall establish the 271.27method and amount of payments for services. The commissioner shall annually contract 271.28with demonstration providers to provide services consistent with these established 271.29methods and amounts for payment. 271.30If allowed by the commissioner, a demonstration provider may contract with 271.31an insurer, health care provider, nonprofit health service plan corporation, or the 271.32commissioner, to provide insurance or similar protection against the cost of care provided 271.33by the demonstration provider or to provide coverage against the risks incurred by 271.34demonstration providers under this section. The recipients enrolled with a demonstration 271.35provider are a permissible group under group insurance laws and chapter 62C, the 272.1Nonprofit Health Service Plan Corporations Act. Under this type of contract, the insurer 272.2or corporation may make benefit payments to a demonstration provider for services 272.3rendered or to be rendered to a recipient. Any insurer or nonprofit health service plan 272.4corporation licensed to do business in this state is authorized to provide this insurance or 272.5similar protection. 272.6Payments to providers participating in the project are exempt from the requirements 272.7of sections 256.966 and 256B.03, subdivision 2. The commissioner shall complete 272.8development of capitation rates for payments before delivery of services under this section 272.9is begun. For payments made during calendar year 1990 and later years, the commissioner 272.10shall contract with an independent actuary to establish prepayment rates. 272.11By January 15, 1996, the commissioner shall report to the legislature on the 272.12methodology used to allocate to participating counties available administrative 272.13reimbursement for advocacy and enrollment costs. The report shall reflect the 272.14commissioner's judgment as to the adequacy of the funds made available and of the 272.15methodology for equitable distribution of the funds. The commissioner must involve 272.16participating counties in the development of the report. 272.17Beginning July 1, 2004, the commissioner may include payments for elderly waiver 272.18services and 180 days of nursing home care in capitation payments for the prepaid medical 272.19assistance program for recipients age 65 and older. Payments for elderly waiver services 272.20shall be made no earlier than the month following the month in which services were 272.21received. 272.22    Sec. 16. Minnesota Statutes 2011 Supplement, section 256B.69, subdivision 5a, 272.23is amended to read: 272.24    Subd. 5a. Managed care contracts. (a) Managed care contracts under this section 272.25and section 256L.12 shall be entered into or renewed on a calendar year basis beginning 272.26January 1, 1996. Managed care contracts which were in effect on June 30, 1995, and set to 272.27renew on July 1, 1995, shall be renewed for the period July 1, 1995 through December 272.2831, 1995 at the same terms that were in effect on June 30, 1995. The commissioner may 272.29issue separate contracts with requirements specific to services to medical assistance 272.30recipients age 65 and older. 272.31    (b) A prepaid health plan providing covered health services for eligible persons 272.32pursuant to chapters 256B and 256L is responsible for complying with the terms of its 272.33contract with the commissioner. Requirements applicable to managed care programs 272.34under chapters 256B and 256L established after the effective date of a contract with the 272.35commissioner take effect when the contract is next issued or renewed. 273.1    (c) Effective for services rendered on or after January 1, 2003, the commissioner 273.2shall withhold five percent of managed care plan payments under this section and 273.3county-based purchasing plan payments under section 256B.692 for the prepaid medical 273.4assistance program pending completion of performance targets. Each performance target 273.5must be quantifiable, objective, measurable, and reasonably attainable, except in the case 273.6of a performance target based on a federal or state law or rule. Criteria for assessment 273.7of each performance target must be outlined in writing prior to the contract effective 273.8date. new text begin Clinical or utilization performance targets and their related criteria must consider new text end 273.9 new text begin evidence-based research and reasonable interventions when available or applicable to new text end 273.10 new text begin the population served, and must be developed with input from external clinical experts new text end 273.11 new text begin and stakeholders, including managed care plans and providers. new text end The managed care plan 273.12must demonstrate, to the commissioner's satisfaction, that the data submitted regarding 273.13attainment of the performance target is accurate. The commissioner shall periodically 273.14change the administrative measures used as performance targets in order to improve plan 273.15performance across a broader range of administrative services. The performance targets 273.16must include measurement of plan efforts to contain spending on health care services and 273.17administrative activities. The commissioner may adopt plan-specific performance targets 273.18that take into account factors affecting only one plan, including characteristics of the 273.19plan's enrollee population. The withheld funds must be returned no sooner than July of the 273.20following year if performance targets in the contract are achieved. The commissioner may 273.21exclude special demonstration projects under subdivision 23. 273.22    (d) Effective for services rendered on or after January 1, 2009, through December 273.2331, 2009, the commissioner shall withhold three percent of managed care plan payments 273.24under this section and county-based purchasing plan payments under section 256B.692 273.25for the prepaid medical assistance program. The withheld funds must be returned no 273.26sooner than July 1 and no later than July 31 of the following year. The commissioner may 273.27exclude special demonstration projects under subdivision 23. 273.28    (e) Effective for services provided on or after January 1, 2010, the commissioner 273.29shall require that managed care plans use the assessment and authorization processes, 273.30forms, timelines, standards, documentation, and data reporting requirements, protocols, 273.31billing processes, and policies consistent with medical assistance fee-for-service or the 273.32Department of Human Services contract requirements consistent with medical assistance 273.33fee-for-service or the Department of Human Services contract requirements for all 273.34personal care assistance services under section 256B.0659. 273.35    (f) Effective for services rendered on or after January 1, 2010, through December 273.3631, 2010, the commissioner shall withhold 4.5 percent of managed care plan payments 274.1under this section and county-based purchasing plan payments under section 256B.692 274.2for the prepaid medical assistance program. The withheld funds must be returned no 274.3sooner than July 1 and no later than July 31 of the following year. The commissioner may 274.4exclude special demonstration projects under subdivision 23. 274.5    (g) Effective for services rendered on or after January 1, 2011, through December 274.631, 2011, the commissioner shall include as part of the performance targets described 274.7in paragraph (c) a reduction in the health plan's emergency room utilization rate for 274.8state health care program enrollees by a measurable rate of five percent from the plan's 274.9utilization rate for state health care program enrollees for the previous calendar year. 274.10Effective for services rendered on or after January 1, 2012, the commissioner shall include 274.11as part of the performance targets described in paragraph (c) a reduction in the health plan's 274.12emergency department utilization rate for medical assistance and MinnesotaCare enrollees, 274.13as determined by the commissioner. new text begin For 2012, the reduction shall be based on the health new text end 274.14 new text begin plan's utilization in 2009. new text end To earn the return of the withhold each new text begin subsequent new text end year, the 274.15managed care plan or county-based purchasing plan must achieve a qualifying reduction 274.16of no less than ten percent of the plan's emergency department utilization rate for medical 274.17assistance and MinnesotaCare enrollees, excluding Medicare enrollees new text begin in programs new text end 274.18 new text begin described in subdivisions 23 and 28 new text end , compared to the previous calendar new text begin measurement new text end 274.19year new text begin , new text end until the final performance target is reached. new text begin When measuring performance, the new text end 274.20 new text begin commissioner must consider the difference in health risk in a plan's membership in the new text end 274.21 new text begin baseline year compared to the measurement year and work with the managed care or new text end 274.22 new text begin county-based purchasing plan to account for differences that they agree are significant. new text end 274.23    The withheld funds must be returned no sooner than July 1 and no later than July 31 274.24of the following calendar year if the managed care plan or county-based purchasing plan 274.25demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate 274.26was achieved. new text begin The commissioner shall structure the withhold so that the commissioner new text end 274.27 new text begin returns a portion of the withheld funds in amounts commensurate with achieved reductions new text end 274.28 new text begin in utilization less than the targeted amount. new text end 274.29    The withhold described in this paragraph shall continue for each consecutive 274.30contract period until the plan's emergency room utilization rate for state health care 274.31program enrollees is reduced by 25 percent of the plan's emergency room utilization 274.32rate for medical assistance and MinnesotaCare enrollees for calendar year 2011 new text begin 2009 new text end . 274.33Hospitals shall cooperate with the health plans in meeting this performance target and 274.34shall accept payment withholds that may be returned to the hospitals if the performance 274.35target is achieved. 275.1    (h) Effective for services rendered on or after January 1, 2012, the commissioner 275.2shall include as part of the performance targets described in paragraph (c) a reduction 275.3in the plan's hospitalization admission rate for medical assistance and MinnesotaCare 275.4enrollees, as determined by the commissioner. To earn the return of the withhold each 275.5year, the managed care plan or county-based purchasing plan must achieve a qualifying 275.6reduction of no less than five percent of the plan's hospital admission rate for medical 275.7assistance and MinnesotaCare enrollees, excluding Medicare enrollees new text begin in programs new text end 275.8 new text begin described in subdivisions 23 and 28 new text end , compared to the previous calendar year until the final 275.9performance target is reached. new text begin When measuring performance, the commissioner must new text end 275.10 new text begin consider the difference in health risk in a plan's membership in the baseline year compared new text end 275.11 new text begin to the measurement year, and work with the managed care or county-based purchasing new text end 275.12 new text begin plan to account for differences that they agree are significant. new text end 275.13    The withheld funds must be returned no sooner than July 1 and no later than July 275.1431 of the following calendar year if the managed care plan or county-based purchasing 275.15plan demonstrates to the satisfaction of the commissioner that this reduction in the 275.16hospitalization rate was achieved. new text begin The commissioner shall structure the withhold so that new text end 275.17 new text begin the commissioner returns a portion of the withheld funds in amounts commensurate with new text end 275.18 new text begin achieved reductions in utilization less than the targeted amount. new text end 275.19    The withhold described in this paragraph shall continue until there is a 25 percent 275.20reduction in the hospital admission rate compared to the hospital admission rates in 275.21calendar year 2011, as determined by the commissioner. The hospital admissions in this 275.22performance target do not include the admissions applicable to the subsequent hospital 275.23admission performance target under paragraph (i). Hospitals shall cooperate with the 275.24plans in meeting this performance target and shall accept payment withholds that may be 275.25returned to the hospitals if the performance target is achieved. 275.26    (i) Effective for services rendered on or after January 1, 2012, the commissioner 275.27shall include as part of the performance targets described in paragraph (c) a reduction in 275.28the plan's hospitalization admission rates for subsequent hospitalizations within 30 days 275.29of a previous hospitalization of a patient regardless of the reason, for medical assistance 275.30and MinnesotaCare enrollees, as determined by the commissioner. To earn the return of 275.31the withhold each year, the managed care plan or county-based purchasing plan must 275.32achieve a qualifying reduction of the subsequent hospitalization rate for medical assistance 275.33and MinnesotaCare enrollees, excluding Medicare enrollees new text begin in programs described in new text end 275.34 new text begin subdivisions 23 and 28 new text end , of no less than five percent compared to the previous calendar 275.35year until the final performance target is reached. 276.1    The withheld funds must be returned no sooner than July 1 and no later than July 276.231 of the following calendar year if the managed care plan or county-based purchasing 276.3plan demonstrates to the satisfaction of the commissioner that a qualifying reduction in 276.4the subsequent hospitalization rate was achieved. new text begin The commissioner shall structure the new text end 276.5 new text begin withhold so that the commissioner returns a portion of the withheld funds in amounts new text end 276.6 new text begin commensurate with achieved reductions in utilization less than the targeted amount. new text end 276.7    The withhold described in this paragraph must continue for each consecutive 276.8contract period until the plan's subsequent hospitalization rate for medical assistance 276.9and MinnesotaCare enrollees, excluding Medicare enrollees new text begin in programs described in new text end 276.10 new text begin subdivisions 23 and 28 new text end , is reduced by 25 percent of the plan's subsequent hospitalization 276.11rate for calendar year 2011. Hospitals shall cooperate with the plans in meeting this 276.12performance target and shall accept payment withholds that must be returned to the 276.13hospitals if the performance target is achieved. 276.14    (j) Effective for services rendered on or after January 1, 2011, through December 31, 276.152011, the commissioner shall withhold 4.5 percent of managed care plan payments under 276.16this section and county-based purchasing plan payments under section 256B.692 for the 276.17prepaid medical assistance program. The withheld funds must be returned no sooner than 276.18July 1 and no later than July 31 of the following year. The commissioner may exclude 276.19special demonstration projects under subdivision 23. 276.20    (k) Effective for services rendered on or after January 1, 2012, through December 276.2131, 2012, the commissioner shall withhold 4.5 percent of managed care plan payments 276.22under this section and county-based purchasing plan payments under section 256B.692 276.23for the prepaid medical assistance program. The withheld funds must be returned no 276.24sooner than July 1 and no later than July 31 of the following year. The commissioner may 276.25exclude special demonstration projects under subdivision 23. 276.26    (l) Effective for services rendered on or after January 1, 2013, through December 31, 276.272013, the commissioner shall withhold 4.5 percent of managed care plan payments under 276.28this section and county-based purchasing plan payments under section 256B.692 for the 276.29prepaid medical assistance program. The withheld funds must be returned no sooner than 276.30July 1 and no later than July 31 of the following year. The commissioner may exclude 276.31special demonstration projects under subdivision 23. 276.32    (m) Effective for services rendered on or after January 1, 2014, the commissioner 276.33shall withhold three percent of managed care plan payments under this section and 276.34county-based purchasing plan payments under section 256B.692 for the prepaid medical 276.35assistance program. The withheld funds must be returned no sooner than July 1 and 277.1no later than July 31 of the following year. The commissioner may exclude special 277.2demonstration projects under subdivision 23. 277.3    (n) A managed care plan or a county-based purchasing plan under section 256B.692 277.4may include as admitted assets under section 62D.044 any amount withheld under this 277.5section that is reasonably expected to be returned. 277.6    (o) Contracts between the commissioner and a prepaid health plan are exempt from 277.7the set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph 277.8(a), and 7. 277.9    (p) The return of the withhold under paragraphs (d), (f), and (j) to (m) is not subject 277.10to the requirements of paragraph (c). 277.11    Sec. 17. Minnesota Statutes 2011 Supplement, section 256B.69, subdivision 28, 277.12is amended to read: 277.13    Subd. 28. Medicare special needs plans; medical assistance basic health 277.14care. (a) The commissioner may contract with new text begin demonstration providers and current or new text end 277.15 new text begin former sponsors of new text end qualified Medicare-approved special needs plans new text begin , new text end to provide medical 277.16assistance basic health care services to persons with disabilities, including those with 277.17developmental disabilities. Basic health care services include: 277.18    (1) those services covered by the medical assistance state plan except for ICF/MR 277.19services, home and community-based waiver services, case management for persons with 277.20developmental disabilities under section 256B.0625, subdivision 20a, and personal care 277.21and certain home care services defined by the commissioner in consultation with the 277.22stakeholder group established under paragraph (d); and 277.23    (2) basic health care services may also include risk for up to 100 days of nursing 277.24facility services for persons who reside in a noninstitutional setting and home health 277.25services related to rehabilitation as defined by the commissioner after consultation with 277.26the stakeholder group. 277.27    The commissioner may exclude other medical assistance services from the basic 277.28health care benefit set. Enrollees in these plans can access any excluded services on the 277.29same basis as other medical assistance recipients who have not enrolled. 277.30    (b) Beginning January 1, 2007, the commissioner may contract with new text begin demonstration new text end 277.31 new text begin providers and current and former sponsors of new text end qualified Medicare special needs plans new text begin , new text end to 277.32provide basic health care services under medical assistance to persons who are dually 277.33eligible for both Medicare and Medicaid and those Social Security beneficiaries eligible 277.34for Medicaid but in the waiting period for Medicare. The commissioner shall consult with 277.35the stakeholder group under paragraph (d) in developing program specifications for these 278.1services. The commissioner shall report to the chairs of the house of representatives and 278.2senate committees with jurisdiction over health and human services policy and finance by 278.3February 1, 2007, on implementation of these programs and the need for increased funding 278.4for the ombudsman for managed care and other consumer assistance and protections 278.5needed due to enrollment in managed care of persons with disabilities. Payment for 278.6Medicaid services provided under this subdivision for the months of May and June will 278.7be made no earlier than July 1 of the same calendar year. 278.8    (c) Notwithstanding subdivision 4, beginning January 1, 2012, the commissioner 278.9shall enroll persons with disabilities in managed care under this section, unless the 278.10individual chooses to opt out of enrollment. The commissioner shall establish enrollment 278.11and opt out procedures consistent with applicable enrollment procedures under this 278.12subdivision new text begin section new text end . 278.13    (d) The commissioner shall establish a state-level stakeholder group to provide 278.14advice on managed care programs for persons with disabilities, including both MnDHO 278.15and contracts with special needs plans that provide basic health care services as described 278.16in paragraphs (a) and (b). The stakeholder group shall provide advice on program 278.17expansions under this subdivision and subdivision 23, including: 278.18    (1) implementation efforts; 278.19    (2) consumer protections; and 278.20    (3) program specifications such as quality assurance measures, data collection and 278.21reporting, and evaluation of costs, quality, and results. 278.22    (e) Each plan under contract to provide medical assistance basic health care services 278.23shall establish a local or regional stakeholder group, including representatives of the 278.24counties covered by the plan, members, consumer advocates, and providers, for advice on 278.25issues that arise in the local or regional area. 278.26    (f) The commissioner is prohibited from providing the names of potential enrollees 278.27to health plans for marketing purposes. The commissioner shall mail no more than 278.28two sets of marketing materials per contract year to potential enrollees on behalf of 278.29health plans, at the health plan's request. The marketing materials shall be mailed by the 278.30commissioner within 30 days of receipt of these materials from the health plan. The health 278.31plans shall cover any costs incurred by the commissioner for mailing marketing materials. 278.32    Sec. 18. Minnesota Statutes 2010, section 256L.05, subdivision 3, is amended to read: 278.33    Subd. 3. Effective date of coverage. (a) The effective date of coverage is the 278.34first day of the month following the month in which eligibility is approved and the first 278.35premium payment has been received. As provided in section 256B.057, coverage for 279.1newborns is automatic from the date of birth and must be coordinated with other health 279.2coverage. The effective date of coverage for eligible newly adoptive children added to a 279.3family receiving covered health services is the month of placement. The effective date 279.4of coverage for other new members added to the family is the first day of the month 279.5following the month in which the change is reported. All eligibility criteria must be met 279.6by the family at the time the new family member is added. The income of the new family 279.7member is included with the family's gross income and the adjusted premium begins in 279.8the month the new family member is added. 279.9(b) The initial premium must be received by the last working day of the month for 279.10coverage to begin the first day of the following month. 279.11(c) Benefits are not available until the day following discharge if an enrollee is 279.12hospitalized on the first day of coverage. 279.13(d) Notwithstanding any other law to the contrary, benefits under sections 256L.01 to 279.14256L.18 are secondary to a plan of insurance or benefit program under which an eligible 279.15person may have coverage and the commissioner shall use cost avoidance techniques to 279.16ensure coordination of any other health coverage for eligible persons. The commissioner 279.17shall identify eligible persons who may have coverage or benefits under other plans of 279.18insurance or who become eligible for medical assistance. 279.19 new text begin (e) The effective date of coverage for individuals or families who are exempt from new text end 279.20 new text begin paying premiums under section 256L.15, subdivision 1, paragraph (d), is the first day of new text end 279.21 new text begin the month following the month in which verification of American Indian status is received new text end 279.22 new text begin or eligibility is approved, whichever is later. new text end 279.23    Sec. 19. Minnesota Statutes 2011 Supplement, section 256L.12, subdivision 9, is 279.24amended to read: 279.25    Subd. 9. Rate setting; performance withholds. (a) Rates will be prospective, 279.26per capita, where possible. The commissioner may allow health plans to arrange for 279.27inpatient hospital services on a risk or nonrisk basis. The commissioner shall consult with 279.28an independent actuary to determine appropriate rates. 279.29    (b) For services rendered on or after January 1, 2004, the commissioner shall 279.30withhold five percent of managed care plan payments and county-based purchasing 279.31plan payments under this section pending completion of performance targets. Each 279.32performance target must be quantifiable, objective, measurable, and reasonably attainable, 279.33except in the case of a performance target based on a federal or state law or rule. Criteria 279.34for assessment of each performance target must be outlined in writing prior to the contract 279.35effective date. new text begin Clinical or utilization performance targets and their related criteria must new text end 280.1 new text begin consider evidence-based research and reasonable interventions, when available or new text end 280.2 new text begin applicable to the populations served, and must be developed with input from external new text end 280.3 new text begin clinical experts and stakeholders, including managed care plans and providers. new text end The 280.4managed care plan must demonstrate, to the commissioner's satisfaction, that the data 280.5submitted regarding attainment of the performance target is accurate. The commissioner 280.6shall periodically change the administrative measures used as performance targets in 280.7order to improve plan performance across a broader range of administrative services. 280.8The performance targets must include measurement of plan efforts to contain spending 280.9on health care services and administrative activities. The commissioner may adopt 280.10plan-specific performance targets that take into account factors affecting only one plan, 280.11such as characteristics of the plan's enrollee population. The withheld funds must be 280.12returned no sooner than July 1 and no later than July 31 of the following calendar year if 280.13performance targets in the contract are achieved. 280.14    (c) For services rendered on or after January 1, 2011, the commissioner shall 280.15withhold an additional three percent of managed care plan or county-based purchasing 280.16plan payments under this section. The withheld funds must be returned no sooner than 280.17July 1 and no later than July 31 of the following calendar year. The return of the withhold 280.18under this paragraph is not subject to the requirements of paragraph (b). 280.19    (d) Effective for services rendered on or after January 1, 2011, through December 280.2031, 2011, the commissioner shall include as part of the performance targets described in 280.21paragraph (b) a reduction in the plan's emergency room utilization rate for state health 280.22care program enrollees by a measurable rate of five percent from the plan's utilization 280.23rate for the previous calendar year. Effective for services rendered on or after January 280.241, 2012, the commissioner shall include as part of the performance targets described in 280.25paragraph (b) a reduction in the health plan's emergency department utilization rate for 280.26medical assistance and MinnesotaCare enrollees, as determined by the commissioner. new text begin new text end 280.27 new text begin For 2012, the reduction shall be based on the health plan's utilization in 2009. new text end To earn 280.28the return of the withhold each new text begin subsequent new text end year, the managed care plan or county-based 280.29purchasing plan must achieve a qualifying reduction of no less than ten percent of the 280.30plan's utilization rate for medical assistance and MinnesotaCare enrollees, excluding 280.31Medicare enrollees new text begin in programs described in section 256B.69, subdivisions 23 and 28 new text end , 280.32compared to the previous calendar new text begin measurement new text end year, until the final performance target is 280.33reached. new text begin When measuring performance, the commissioner must consider the difference new text end 280.34 new text begin in health risk in a plan's membership in the baseline year compared to the measurement new text end 280.35 new text begin year, and work with the managed care or county-based purchasing plan to account for new text end 280.36 new text begin differences that they agree are significant. new text end 281.1    The withheld funds must be returned no sooner than July 1 and no later than July 31 281.2of the following calendar year if the managed care plan or county-based purchasing plan 281.3demonstrates to the satisfaction of the commissioner that a reduction in the utilization rate 281.4was achieved. new text begin The commissioner shall structure the withhold so that the commissioner new text end 281.5 new text begin returns a portion of the withheld funds in amounts commensurate with achieved reductions new text end 281.6 new text begin in utilization less than the targeted amount. new text end 281.7    The withhold described in this paragraph shall continue for each consecutive 281.8contract period until the plan's emergency room utilization rate for state health care 281.9program enrollees is reduced by 25 percent of the plan's emergency room utilization 281.10rate for medical assistance and MinnesotaCare enrollees for calendar year 2011 new text begin 2009 new text end . 281.11Hospitals shall cooperate with the health plans in meeting this performance target and 281.12shall accept payment withholds that may be returned to the hospitals if the performance 281.13target is achieved. 281.14    (e) Effective for services rendered on or after January 1, 2012, the commissioner 281.15shall include as part of the performance targets described in paragraph (b) a reduction 281.16in the plan's hospitalization admission rate for medical assistance and MinnesotaCare 281.17enrollees, as determined by the commissioner. To earn the return of the withhold each 281.18year, the managed care plan or county-based purchasing plan must achieve a qualifying 281.19reduction of no less than five percent of the plan's hospital admission rate for medical 281.20assistance and MinnesotaCare enrollees, excluding Medicare enrollees new text begin in programs new text end 281.21 new text begin described in section 256B.69, subdivisions 23 and 28 new text end , compared to the previous calendar 281.22year, until the final performance target is reached. new text begin When measuring performance, the new text end 281.23 new text begin commissioner must consider the difference in health risk in a plan's membership in the new text end 281.24 new text begin baseline year compared to the measurement year, and work with the managed care or new text end 281.25 new text begin county-based purchasing plan to account for differences that they agree are significant. new text end 281.26    The withheld funds must be returned no sooner than July 1 and no later than July 281.2731 of the following calendar year if the managed care plan or county-based purchasing 281.28plan demonstrates to the satisfaction of the commissioner that this reduction in the 281.29hospitalization rate was achieved. new text begin The commissioner shall structure the withhold so that new text end 281.30 new text begin the commissioner returns a portion of the withheld funds in amounts commensurate with new text end 281.31 new text begin achieved reductions in utilization less than the targeted amount. new text end 281.32    The withhold described in this paragraph shall continue until there is a 25 percent 281.33reduction in the hospitals admission rate compared to the hospital admission rate for 281.34calendar year 2011 as determined by the commissioner. Hospitals shall cooperate with the 281.35plans in meeting this performance target and shall accept payment withholds that may be 281.36returned to the hospitals if the performance target is achieved. The hospital admissions 282.1in this performance target do not include the admissions applicable to the subsequent 282.2hospital admission performance target under paragraph (f). 282.3    (f) Effective for services provided on or after January 1, 2012, the commissioner 282.4shall include as part of the performance targets described in paragraph (b) a reduction 282.5in the plan's hospitalization rate for a subsequent hospitalization within 30 days of a 282.6previous hospitalization of a patient regardless of the reason, for medical assistance and 282.7MinnesotaCare enrollees, as determined by the commissioner. To earn the return of the 282.8withhold each year, the managed care plan or county-based purchasing plan must achieve 282.9a qualifying reduction of the subsequent hospital admissions rate for medical assistance 282.10and MinnesotaCare enrollees, excluding Medicare enrollees new text begin in programs described in new text end 282.11 new text begin section 256B.69, subdivisions 23 and 28 new text end , of no less than five percent compared to the 282.12previous calendar year until the final performance target is reached. 282.13    The withheld funds must be returned no sooner than July 1 and no later than July 31 282.14of the following calendar year if the managed care plan or county-based purchasing plan 282.15demonstrates to the satisfaction of the commissioner that a reduction in the subsequent 282.16hospitalization rate was achieved. new text begin The commissioner shall structure the withhold so that new text end 282.17 new text begin the commissioner returns a portion of the withheld funds in amounts commensurate with new text end 282.18 new text begin achieved reductions in utilization less than the targeted amount. new text end 282.19    The withhold described in this paragraph must continue for each consecutive 282.20contract period until the plan's subsequent hospitalization rate for medical assistance and 282.21MinnesotaCare enrollees is reduced by 25 percent of the plan's subsequent hospitalization 282.22rate for calendar year 2011. Hospitals shall cooperate with the plans in meeting this 282.23performance target and shall accept payment withholds that must be returned to the 282.24hospitals if the performance target is achieved. 282.25    (g) A managed care plan or a county-based purchasing plan under section 256B.692 282.26may include as admitted assets under section 62D.044 any amount withheld under this 282.27section that is reasonably expected to be returned. 282.28    Sec. 20. Minnesota Statutes 2011 Supplement, section 256L.15, subdivision 1, is 282.29amended to read: 282.30    Subdivision 1. Premium determination. (a) Families with children and individuals 282.31shall pay a premium determined according to subdivision 2. 282.32    (b) Pregnant women and children under age two are exempt from the provisions 282.33of section 256L.06, subdivision 3, paragraph (b), clause (3), requiring disenrollment 282.34for failure to pay premiums. For pregnant women, this exemption continues until the 282.35first day of the month following the 60th day postpartum. Women who remain enrolled 283.1during pregnancy or the postpartum period, despite nonpayment of premiums, shall be 283.2disenrolled on the first of the month following the 60th day postpartum for the penalty 283.3period that otherwise applies under section 256L.06, unless they begin paying premiums. 283.4    (c) Members of the military and their families who meet the eligibility criteria 283.5for MinnesotaCare upon eligibility approval made within 24 months following the end 283.6of the member's tour of active duty shall have their premiums paid by the commissioner. 283.7The effective date of coverage for an individual or family who meets the criteria of this 283.8paragraph shall be the first day of the month following the month in which eligibility is 283.9approved. This exemption applies for 12 months. 283.10 new text begin (d) Beginning July 1, 2009, American Indians enrolled in MinnesotaCare and their new text end 283.11 new text begin families shall have their premiums waived by the commissioner in accordance with new text end 283.12 new text begin section 5006 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5. new text end 283.13 new text begin An individual must document status as an American Indian, as defined under Code of new text end 283.14 new text begin Federal Regulations, title 42, section 447.50, to qualify for the waiver of premiums. new text end 283.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2009. new text end 283.16    Sec. 21. Minnesota Statutes 2010, section 514.982, subdivision 1, is amended to read: 283.17    Subdivision 1. Contents. A medical assistance lien notice must be dated and 283.18must contain: 283.19(1) the full name, last known address, and new text begin last four digits of the new text end Social Security 283.20number of the medical assistance recipient; 283.21(2) a statement that medical assistance payments have been made to or for the 283.22benefit of the medical assistance recipient named in the notice, specifying the first date 283.23of eligibility for benefits; 283.24(3) a statement that all interests in real property owned by the persons named in the 283.25notice may be subject to or affected by the rights of the agency to be reimbursed for 283.26medical assistance benefits; and 283.27(4) the legal description of the real property upon which the lien attaches, and 283.28whether the property is registered property. 283.29    Sec. 22. new text begin HEALTH SERVICES ADVISORY COUNCIL. new text end 283.30 new text begin The Health Services Advisory Council shall review currently available literature new text end 283.31 new text begin regarding the efficacy of various treatments for autism spectrum disorder, including new text end 283.32 new text begin an evaluation of age-based variation in the appropriateness of existing medical and new text end 283.33 new text begin behavioral interventions. The council shall recommend to the commissioner of human new text end 283.34 new text begin services authorization criteria for services based on existing evidence. The council may new text end 284.1 new text begin recommend coverage with ongoing collection of outcomes evidence in circumstances new text end 284.2 new text begin where evidence is currently unavailable, or where the strength of the evidence is low. The new text end 284.3 new text begin council shall make this recommendation by December 31, 2012. new text end 284.4    Sec. 23. new text begin REPEALER. new text end 284.5 new text begin Minnesota Statutes 2010, section 256.01, subdivision 18b, new text end new text begin is repealed. new text end 284.6ARTICLE 14 284.7TECHNICAL 284.8    Section 1. Minnesota Statutes 2010, section 144A.071, subdivision 5a, is amended to 284.9read: 284.10    Subd. 5a. Cost estimate of a moratorium exception project. (a) For the 284.11purposes of this section and section 144A.073, the cost estimate of a moratorium 284.12exception project shall include the effects of the proposed project on the costs of the state 284.13subsidy for community-based services, nursing services, and housing in institutional 284.14and noninstitutional settings. The commissioner of health, in cooperation with the 284.15commissioner of human services, shall define the method for estimating these costs in the 284.16permanent rule implementing section 144A.073. The commissioner of human services 284.17shall prepare an estimate of the total state annual long-term costs of each moratorium 284.18exception proposal. 284.19    (b) The interest rate to be used for estimating the cost of each moratorium exception 284.20project proposal shall be the lesser of either the prime rate plus two percentage points, or 284.21the posted yield for standard conventional fixed rate mortgages of the Federal Home Loan 284.22Mortgage Corporation plus two percentage points as published in the Wall Street Journal 284.23and in effect 56 days prior to the application deadline. If the applicant's proposal uses this 284.24interest rate, the commissioner of human services, in determining the facility's actual 284.25property-related payment rate to be established upon completion of the project must use 284.26the actual interest rate obtained by the facility for the project's permanent financing up to 284.27the maximum permitted under subdivision 6 new text begin Minnesota Rules, part 9549.0060, subpart 6 new text end . 284.28    The applicant may choose an alternate interest rate for estimating the project's cost. 284.29If the applicant makes this election, the commissioner of human services, in determining 284.30the facility's actual property-related payment rate to be established upon completion of the 284.31project, must use the lesser of the actual interest rate obtained for the project's permanent 284.32financing or the interest rate which was used to estimate the proposal's project cost. For 284.33succeeding rate years, the applicant is at risk for financing costs in excess of the interest 284.34rate selected. 285.1    Sec. 2. new text begin REVISOR'S INSTRUCTION. new text end 285.2     new text begin (a) In Minnesota Statutes, sections 256B.038, 256B.0911, 256B.0918, 256B.092, new text end 285.3 new text begin 256B.097, 256B.49, and 256B.765, the revisor of statutes shall delete the word "traumatic" new text end 285.4 new text begin when it comes before the word "brain." new text end 285.5     new text begin (b) In Minnesota Statutes, section 256B.093, subdivision 1, clauses (4) and (5), and new text end 285.6 new text begin subdivision 3, clause (2), the revisor of statutes shall delete the word "traumatic" when it new text end 285.7 new text begin comes before the word "brain." new text end 285.8     new text begin (c) In Minnesota Statutes, sections 144.0724 and 144G.05, the revisor of statutes new text end 285.9 new text begin shall delete "TBI" and replace it with "BI." new text end 285.10ARTICLE 15 285.11DATA PRACTICES 285.12    Section 1. Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read: 285.13    Subd. 2. General. (a) Unless the data is summary data or a statute specifically 285.14provides a different classification, data on individuals collected, maintained, used, or 285.15disseminated by the welfare system is private data on individuals, and shall not be 285.16disclosed except: 285.17    (1) according to section 13.05; 285.18    (2) according to court order; 285.19    (3) according to a statute specifically authorizing access to the private data; 285.20    (4) to an agent of the welfare system new text begin and an investigator acting on behalf of a county, new text end 285.21 new text begin the state, or the federal government new text end , including a law enforcement person, new text begin or new text end attorney, or 285.22investigator acting for it in the investigation or prosecution of a criminal or new text begin , new text end civil new text begin , or new text end 285.23 new text begin administrative new text end proceeding relating to the administration of a program; 285.24    (5) to personnel of the welfare system who require the data to verify an individual's 285.25identity; determine eligibility, amount of assistance, and the need to provide services to 285.26an individual or family across programs; evaluate the effectiveness of programs; assess 285.27parental contribution amounts; and investigate suspected fraud; 285.28    (6) to administer federal funds or programs; 285.29    (7) between personnel of the welfare system working in the same program; 285.30    (8) to the Department of Revenue to assess parental contribution amounts for 285.31purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit 285.32programs and to identify individuals who may benefit from these programs. The following 285.33information may be disclosed under this paragraph: an individual's and their dependent's 285.34names, dates of birth, Social Security numbers, income, addresses, and other data as 285.35required, upon request by the Department of Revenue. Disclosures by the commissioner 286.1of revenue to the commissioner of human services for the purposes described in this clause 286.2are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, 286.3but are not limited to, the dependent care credit under section 290.067, the Minnesota 286.4working family credit under section 290.0671, the property tax refund and rental credit 286.5under section 290A.04, and the Minnesota education credit under section 290.0674; 286.6    (9) between the Department of Human Services, the Department of Employment 286.7and Economic Development, and when applicable, the Department of Education, for 286.8the following purposes: 286.9    (i) to monitor the eligibility of the data subject for unemployment benefits, for any 286.10employment or training program administered, supervised, or certified by that agency; 286.11    (ii) to administer any rehabilitation program or child care assistance program, 286.12whether alone or in conjunction with the welfare system; 286.13    (iii) to monitor and evaluate the Minnesota family investment program or the child 286.14care assistance program by exchanging data on recipients and former recipients of food 286.15support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 286.16under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and 286.17    (iv) to analyze public assistance employment services and program utilization, 286.18cost, effectiveness, and outcomes as implemented under the authority established in Title 286.19II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 286.201999. Health records governed by sections 144.291 to 144.298 and "protected health 286.21information" as defined in Code of Federal Regulations, title 45, section 160.103, and 286.22governed by Code of Federal Regulations, title 45, parts 160-164, including health care 286.23claims utilization information, must not be exchanged under this clause; 286.24    (10) to appropriate parties in connection with an emergency if knowledge of 286.25the information is necessary to protect the health or safety of the individual or other 286.26individuals or persons; 286.27    (11) data maintained by residential programs as defined in section 245A.02 may 286.28be disclosed to the protection and advocacy system established in this state according 286.29to Part C of Public Law 98-527 to protect the legal and human rights of persons with 286.30developmental disabilities or other related conditions who live in residential facilities for 286.31these persons if the protection and advocacy system receives a complaint by or on behalf 286.32of that person and the person does not have a legal guardian or the state or a designee of 286.33the state is the legal guardian of the person; 286.34    (12) to the county medical examiner or the county coroner for identifying or locating 286.35relatives or friends of a deceased person; 287.1    (13) data on a child support obligor who makes payments to the public agency 287.2may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 287.3determine eligibility under section 136A.121, subdivision 2, clause (5); 287.4    (14) participant Social Security numbers and names collected by the telephone 287.5assistance program may be disclosed to the Department of Revenue to conduct an 287.6electronic data match with the property tax refund database to determine eligibility under 287.7section 237.70, subdivision 4a; 287.8    (15) the current address of a Minnesota family investment program participant 287.9may be disclosed to law enforcement officers who provide the name of the participant 287.10and notify the agency that: 287.11    (i) the participant: 287.12    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 287.13conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 287.14jurisdiction from which the individual is fleeing; or 287.15    (B) is violating a condition of probation or parole imposed under state or federal law; 287.16    (ii) the location or apprehension of the felon is within the law enforcement officer's 287.17official duties; and 287.18    (iii) the request is made in writing and in the proper exercise of those duties; 287.19    (16) the current address of a recipient of general assistance or general assistance 287.20medical care may be disclosed to probation officers and corrections agents who are 287.21supervising the recipient and to law enforcement officers who are investigating the 287.22recipient in connection with a felony level offense; 287.23    (17) information obtained from food support applicant or recipient households may 287.24be disclosed to local, state, or federal law enforcement officials, upon their written request, 287.25for the purpose of investigating an alleged violation of the Food Stamp Act, according 287.26to Code of Federal Regulations, title 7, section 272.1 (c); 287.27    (18) the address, Social Security number, and, if available, photograph of any 287.28member of a household receiving food support shall be made available, on request, to a 287.29local, state, or federal law enforcement officer if the officer furnishes the agency with the 287.30name of the member and notifies the agency that: 287.31    (i) the member: 287.32    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 287.33crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing; 287.34    (B) is violating a condition of probation or parole imposed under state or federal 287.35law; or 288.1    (C) has information that is necessary for the officer to conduct an official duty related 288.2to conduct described in subitem (A) or (B); 288.3    (ii) locating or apprehending the member is within the officer's official duties; and 288.4    (iii) the request is made in writing and in the proper exercise of the officer's official 288.5duty; 288.6    (19) the current address of a recipient of Minnesota family investment program, 288.7general assistance, general assistance medical care, or food support may be disclosed to 288.8law enforcement officers who, in writing, provide the name of the recipient and notify the 288.9agency that the recipient is a person required to register under section 243.166, but is not 288.10residing at the address at which the recipient is registered under section 243.166; 288.11    (20) certain information regarding child support obligors who are in arrears may be 288.12made public according to section 518A.74; 288.13    (21) data on child support payments made by a child support obligor and data on 288.14the distribution of those payments excluding identifying information on obligees may be 288.15disclosed to all obligees to whom the obligor owes support, and data on the enforcement 288.16actions undertaken by the public authority, the status of those actions, and data on the 288.17income of the obligor or obligee may be disclosed to the other party; 288.18    (22) data in the work reporting system may be disclosed under section 256.998, 288.19subdivision 7 ; 288.20    (23) to the Department of Education for the purpose of matching Department of 288.21Education student data with public assistance data to determine students eligible for free 288.22and reduced-price meals, meal supplements, and free milk according to United States 288.23Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 288.24state funds that are distributed based on income of the student's family; and to verify 288.25receipt of energy assistance for the telephone assistance plan; 288.26    (24) the current address and telephone number of program recipients and emergency 288.27contacts may be released to the commissioner of health or a local board of health as 288.28defined in section 145A.02, subdivision 2, when the commissioner or local board of health 288.29has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 288.30risk of illness, and the data are necessary to locate the person; 288.31    (25) to other state agencies, statewide systems, and political subdivisions of this 288.32state, including the attorney general, and agencies of other states, interstate information 288.33networks, federal agencies, and other entities as required by federal regulation or law for 288.34the administration of the child support enforcement program; 289.1    (26) to personnel of public assistance programs as defined in section 256.741, for 289.2access to the child support system database for the purpose of administration, including 289.3monitoring and evaluation of those public assistance programs; 289.4    (27) to monitor and evaluate the Minnesota family investment program by 289.5exchanging data between the Departments of Human Services and Education, on 289.6recipients and former recipients of food support, cash assistance under chapter 256, 256D, 289.7256J, or 256K, child care assistance under chapter 119B, or medical programs under 289.8chapter 256B, 256D, or 256L; 289.9    (28) to evaluate child support program performance and to identify and prevent 289.10fraud in the child support program by exchanging data between the Department of Human 289.11Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) 289.12and (b), without regard to the limitation of use in paragraph (c), Department of Health, 289.13Department of Employment and Economic Development, and other state agencies as is 289.14reasonably necessary to perform these functions; 289.15    (29) counties operating child care assistance programs under chapter 119B may 289.16disseminate data on program participants, applicants, and providers to the commissioner 289.17of education; or 289.18    (30) child support data on the parents and the child may be disclosed to agencies 289.19administering programs under titles IV-B and IV-E of the Social Security Act, as provided 289.20by federal law. Data may be disclosed only to the extent necessary for the purpose of 289.21establishing parentage or for determining who has or may have parental rights with respect 289.22to a child, which could be related to permanency planning. 289.23    (b) Information on persons who have been treated for drug or alcohol abuse may 289.24only be disclosed according to the requirements of Code of Federal Regulations, title 289.2542, sections 2.1 to 2.67. 289.26    (c) Data provided to law enforcement agencies under paragraph (a), clause (15), 289.27(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 289.28nonpublic while the investigation is active. The data are private after the investigation 289.29becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b). 289.30    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is 289.31not subject to the access provisions of subdivision 10, paragraph (b). 289.32    For the purposes of this subdivision, a request will be deemed to be made in writing 289.33if made through a computer interface system. 289.34    Sec. 2. Minnesota Statutes 2010, section 13.46, subdivision 3, is amended to read: 290.1    Subd. 3. Investigative data. (a) Data on persons, including data on vendors of 290.2services, licensees, and applicants that is collected, maintained, used, or disseminated 290.3by the welfare system in an investigation, authorized by statute, and relating to the 290.4enforcement of rules or law is confidential data on individuals pursuant to section 13.02, 290.5subdivision 3 , or protected nonpublic data not on individuals pursuant to section 13.02, 290.6subdivision 13 , and shall not be disclosed except: 290.7(1) pursuant to section 13.05; 290.8(2) pursuant to statute or valid court order; 290.9(3) to a party named in a civil or criminal proceeding, administrative or judicial, for 290.10preparation of defense; or 290.11(4) to provide notices required or permitted by statute. 290.12The data referred to in this subdivision shall be classified as public data upon 290.13its submission to an administrative law judge or court in an administrative or judicial 290.14proceeding. Inactive welfare investigative data shall be treated as provided in section 290.1513.39, subdivision 3 . 290.16(b) Notwithstanding any other provision in law, the commissioner of human services 290.17shall provide all active and inactive investigative data, including the name of the reporter 290.18of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental 290.19health and developmental disabilities upon the request of the ombudsman. 290.20     new text begin (c) Notwithstanding paragraph (a) and section 13.39, the existence and status of an new text end 290.21 new text begin investigation by the commissioner of possible overpayments of public funds to a service new text end 290.22 new text begin provider are public data during an investigation. new text end 290.23    Sec. 3. Minnesota Statutes 2010, section 13.46, subdivision 4, is amended to read: 290.24    Subd. 4. Licensing data. (a) As used in this subdivision: 290.25    (1) "licensing data" means all data collected, maintained, used, or disseminated by 290.26the welfare system pertaining to persons licensed or registered or who apply for licensure 290.27or registration or who formerly were licensed or registered under the authority of the 290.28commissioner of human services; 290.29    (2) "client" means a person who is receiving services from a licensee or from an 290.30applicant for licensure; and 290.31    (3) "personal and personal financial data" means Social Security numbers, identity 290.32of and letters of reference, insurance information, reports from the Bureau of Criminal 290.33Apprehension, health examination reports, and social/home studies. 290.34    (b)(1) new text begin (i) new text end Except as provided in paragraph (c), the following data on applicants, 290.35license holders, and former licensees are public: name, address, telephone number of 291.1licensees, date of receipt of a completed application, dates of licensure, licensed capacity, 291.2type of client preferred, variances granted, record of training and education in child care 291.3and child development, type of dwelling, name and relationship of other family members, 291.4previous license history, class of license, the existence and status of complaints, and the 291.5number of serious injuries to or deaths of individuals in the licensed program as reported 291.6to the commissioner of human services, the local social services agency, or any other 291.7county welfare agency. For purposes of this clause, a serious injury is one that is treated 291.8by a physician. 291.9 new text begin (ii) new text end When a correction order, an order to forfeit a fine, an order of license suspension, 291.10an order of temporary immediate suspension, an order of license revocation, an order 291.11of license denial, or an order of conditional license has been issued, or a complaint is 291.12resolved, the following data on current and former licensees and applicants are public: the 291.13substance and investigative findings of the licensing or maltreatment complaint, licensing 291.14violation, or substantiated maltreatment; the record of informal resolution of a licensing 291.15violation; orders of hearing; findings of fact; conclusions of law; specifications of the final 291.16correction order, fine, suspension, temporary immediate suspension, revocation, denial, or 291.17conditional license contained in the record of licensing action; whether a fine has been 291.18paid; and the status of any appeal of these actions. If a licensing sanction under section 291.19, or a license denial under section , is based on a determination that the 291.20license holder or applicant is responsible for maltreatment or is disqualified under chapter 291.21245C, the identity of the license holder or applicant as the individual responsible for 291.22maltreatment or as the disqualified individual is public data at the time of the issuance of 291.23the licensing sanction or denial. 291.24 new text begin (iii) When a license denial under section 245A.05 or a sanction under section new text end 291.25 new text begin 245A.07 is based on a determination that the license holder or applicant is responsible for new text end 291.26 new text begin maltreatment under section 626.556 or 626.557, the identity of the applicant or license new text end 291.27 new text begin holder as the individual responsible for maltreatment is public data at the time of the new text end 291.28 new text begin issuance of the license denial or sanction. new text end 291.29 new text begin (iv) When a license denial under section 245A.05 or a sanction under section new text end 291.30 new text begin 245A.07 is based on a determination that the license holder or applicant is disqualified new text end 291.31 new text begin under chapter 245C, the identity of the license holder or applicant as the disqualified new text end 291.32 new text begin individual and the reason for the disqualification are public data at the time of the new text end 291.33 new text begin issuance of the licensing sanction or denial. If the applicant or license holder requests new text end 291.34 new text begin reconsideration of the disqualification and the disqualification is affirmed, the reason for new text end 291.35 new text begin the disqualification and the reason to not set aside the disqualification are public data. new text end 292.1    (2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, 292.2when any person subject to disqualification under section 245C.14 in connection with a 292.3license to provide family day care for children, child care center services, foster care 292.4for children in the provider's home, or foster care or day care services for adults in the 292.5provider's home is a substantiated perpetrator of maltreatment, and the substantiated 292.6maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator 292.7of maltreatment is public data. For purposes of this clause, a person is a substantiated 292.8perpetrator if the maltreatment determination has been upheld under section 256.045; 292.9626.556, subdivision 10i ; 626.557, subdivision 9d; or chapter 14, or if an individual or 292.10facility has not timely exercised appeal rights under these sections, except as provided 292.11under clause (1). 292.12    (3) For applicants who withdraw their application prior to licensure or denial of a 292.13license, the following data are public: the name of the applicant, the city and county in 292.14which the applicant was seeking licensure, the dates of the commissioner's receipt of the 292.15initial application and completed application, the type of license sought, and the date 292.16of withdrawal of the application. 292.17    (4) For applicants who are denied a license, the following data are public: the name 292.18and address of the applicant, the city and county in which the applicant was seeking 292.19licensure, the dates of the commissioner's receipt of the initial application and completed 292.20application, the type of license sought, the date of denial of the application, the nature of 292.21the basis for the denial, the record of informal resolution of a denial, orders of hearings, 292.22findings of fact, conclusions of law, specifications of the final order of denial, and the 292.23status of any appeal of the denial. 292.24    (5) The following data on persons subject to disqualification under section 245C.14 292.25in connection with a license to provide family day care for children, child care center 292.26services, foster care for children in the provider's home, or foster care or day care 292.27services for adults in the provider's home, are public: the nature of any disqualification 292.28set aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside 292.29the disqualification; the nature of any disqualification for which a variance was granted 292.30under sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any 292.31variance under section 245A.04, subdivision 9; and, if applicable, the disclosure that 292.32any person subject to a background study under section 245C.03, subdivision 1, has 292.33successfully passed a background study. If a licensing sanction under section 245A.07, 292.34or a license denial under section 245A.05, is based on a determination that an individual 292.35subject to disqualification under chapter 245C is disqualified, the disqualification as a 292.36basis for the licensing sanction or denial is public data. As specified in clause (1), new text begin item new text end 293.1 new text begin (iv), new text end if the disqualified individual is the license holder or applicant, the identity of the 293.2license holder or applicant is new text begin and the reason for the disqualification are new text end public data new text begin ; and, if new text end 293.3 new text begin the license holder or applicant requested reconsideration of the disqualification and the new text end 293.4 new text begin disqualification is affirmed, the reason for the disqualification and the reason to not set new text end 293.5 new text begin aside the disqualification are public data new text end . If the disqualified individual is an individual 293.6other than the license holder or applicant, the identity of the disqualified individual shall 293.7remain private data. 293.8    (6) When maltreatment is substantiated under section 626.556 or 626.557 and the 293.9victim and the substantiated perpetrator are affiliated with a program licensed under 293.10chapter 245A, the commissioner of human services, local social services agency, or 293.11county welfare agency may inform the license holder where the maltreatment occurred of 293.12the identity of the substantiated perpetrator and the victim. 293.13    (7) Notwithstanding clause (1), for child foster care, only the name of the license 293.14holder and the status of the license are public if the county attorney has requested that data 293.15otherwise classified as public data under clause (1) be considered private data based on the 293.16best interests of a child in placement in a licensed program. 293.17    (c) The following are private data on individuals under section 13.02, subdivision 293.1812 , or nonpublic data under section 13.02, subdivision 9: personal and personal financial 293.19data on family day care program and family foster care program applicants and licensees 293.20and their family members who provide services under the license. 293.21    (d) The following are private data on individuals: the identity of persons who have 293.22made reports concerning licensees or applicants that appear in inactive investigative data, 293.23and the records of clients or employees of the licensee or applicant for licensure whose 293.24records are received by the licensing agency for purposes of review or in anticipation of a 293.25contested matter. The names of reporters of complaints or alleged violations of licensing 293.26standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment 293.27under sections 626.556 and 626.557, are confidential data and may be disclosed only as 293.28provided in section 626.556, subdivision 11, or 626.557, subdivision 12b. 293.29    (e) Data classified as private, confidential, nonpublic, or protected nonpublic under 293.30this subdivision become public data if submitted to a court or administrative law judge as 293.31part of a disciplinary proceeding in which there is a public hearing concerning a license 293.32which has been suspended, immediately suspended, revoked, or denied. 293.33    (f) Data generated in the course of licensing investigations that relate to an alleged 293.34violation of law are investigative data under subdivision 3. 293.35    (g) Data that are not public data collected, maintained, used, or disseminated under 293.36this subdivision that relate to or are derived from a report as defined in section 626.556, 294.1subdivision 2 , or 626.5572, subdivision 18, are subject to the destruction provisions of 294.2sections 626.556, subdivision 11c, and 626.557, subdivision 12b. 294.3    (h) Upon request, not public data collected, maintained, used, or disseminated under 294.4this subdivision that relate to or are derived from a report of substantiated maltreatment as 294.5defined in section 626.556 or 626.557 may be exchanged with the Department of Health 294.6for purposes of completing background studies pursuant to section 144.057 and with 294.7the Department of Corrections for purposes of completing background studies pursuant 294.8to section 241.021. 294.9    (i) Data on individuals collected according to licensing activities under chapters 294.10245A and 245C, and data on individuals collected by the commissioner of human 294.11services according to maltreatment investigations under new text begin chapters 245A and 245C, and new text end 294.12sections 626.556 and 626.557, may be shared with the Department of Human Rights, the 294.13Department of Health, the Department of Corrections, the ombudsman for mental health 294.14and developmental disabilities, and the individual's professional regulatory board when 294.15there is reason to believe that laws or standards under the jurisdiction of those agencies 294.16may have been violated. new text begin or the information may otherwise be relevant to the board's new text end 294.17 new text begin regulatory jurisdiction. Background study data on an individual who is the subject of a new text end 294.18 new text begin background study under chapter 245C for a licensed service for which the commissioner new text end 294.19 new text begin of human services is the license holder may be shared with the commissioner and the new text end 294.20 new text begin commissioner's delegate by the licensing division. new text end Unless otherwise specified in this 294.21chapter, the identity of a reporter of alleged maltreatment or licensing violations may not 294.22be disclosed. 294.23    (j) In addition to the notice of determinations required under section 626.556, 294.24subdivision 10f , if the commissioner or the local social services agency has determined 294.25that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 294.26abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social 294.27services agency knows that the individual is a person responsible for a child's care in 294.28another facility, the commissioner or local social services agency shall notify the head 294.29of that facility of this determination. The notification must include an explanation of the 294.30individual's available appeal rights and the status of any appeal. If a notice is given under 294.31this paragraph, the government entity making the notification shall provide a copy of the 294.32notice to the individual who is the subject of the notice. 294.33    (k) All not public data collected, maintained, used, or disseminated under this 294.34subdivision and subdivision 3 may be exchanged between the Department of Human 294.35Services, Licensing Division, and the Department of Corrections for purposes of 295.1regulating services for which the Department of Human Services and the Department 295.2of Corrections have regulatory authority. 295.3    Sec. 4. Minnesota Statutes 2010, section 13.82, subdivision 1, is amended to read: 295.4    Subdivision 1. Application. This section shall apply to agencies which carry on 295.5a law enforcement function, including but not limited to municipal police departments, 295.6county sheriff departments, fire departments, the Bureau of Criminal Apprehension, 295.7the Minnesota State Patrol, the Board of Peace Officer Standards and Training, the 295.8Department of Commerce, and the program integrity section of, and county human service 295.9agency client and provider fraud new text begin investigation, new text end prevention new text begin , new text end and control units operated or 295.10supervised by the Department of Human Services. 295.11ARTICLE 16 295.12LICENSING 295.13    Section 1. Minnesota Statutes 2010, section 245A.03, is amended by adding a 295.14subdivision to read: 295.15     new text begin Subd. 2c. new text end new text begin School-age child care licensing moratorium. new text end new text begin A school-age program new text end 295.16 new text begin whose sole purpose is to provide only services to school-age children during out-of-school new text end 295.17 new text begin times is exempt from the human services licensing requirements in this chapter until July new text end 295.18 new text begin 1, 2014. Nothing in this section prohibits an already licensed school-age-only program new text end 295.19 new text begin from continuing its license or a school-age program from seeking licensure. new text end 295.20    Sec. 2. Minnesota Statutes 2010, section 245A.04, subdivision 1, is amended to read: 295.21    Subdivision 1. Application for licensure. (a) An individual, corporation, 295.22partnership, voluntary association, other organization or controlling individual that is 295.23subject to licensure under section 245A.03 must apply for a license. The application 295.24must be made on the forms and in the manner prescribed by the commissioner. The 295.25commissioner shall provide the applicant with instruction in completing the application 295.26and provide information about the rules and requirements of other state agencies that affect 295.27the applicant. An applicant seeking licensure in Minnesota with headquarters outside of 295.28Minnesota must have a program office located within the state. 295.29The commissioner shall act on the application within 90 working days after a 295.30complete application and any required reports have been received from other state 295.31agencies or departments, counties, municipalities, or other political subdivisions. The 295.32commissioner shall not consider an application to be complete until the commissioner 295.33receives all of the information required under section 245C.05. 296.1 new text begin When the commissioner receives an application for initial licensure that is incomplete new text end 296.2 new text begin because the applicant failed to submit required documents or that is substantially new text end 296.3 new text begin deficient because the documents submitted do not meet licensing requirements, the new text end 296.4 new text begin commissioner shall provide the applicant written notice that the application is incomplete new text end 296.5 new text begin or substantially deficient. In the written notice to the applicant the commissioner shall new text end 296.6 new text begin identify documents that are missing or deficient and give the applicant 45 days to resubmit new text end 296.7 new text begin a second application that is substantially complete. An applicant's failure to submit a new text end 296.8 new text begin substantially complete application after receiving notice from the commissioner is a basis new text end 296.9 new text begin for license denial under section 245A.05. new text end 296.10(b) An application for licensure must specify one or more new text begin identify all new text end controlling 296.11individuals as new text begin and must specify new text end an agent who is responsible for dealing with the 296.12commissioner of human services on all matters provided for in this chapter and on whom 296.13service of all notices and orders must be made. The agent must be authorized to accept 296.14service on behalf of all of the controlling individuals of the program. Service on the agent 296.15is service on all of the controlling individuals of the program. It is not a defense to any 296.16action arising under this chapter that service was not made on each controlling individual 296.17of the program. The designation of one or more controlling individuals as agents under 296.18this paragraph does not affect the legal responsibility of any other controlling individual 296.19under this chapter. 296.20(c) An applicant or license holder must have a policy that prohibits license holders, 296.21employees, subcontractors, and volunteers, when directly responsible for persons served 296.22by the program, from abusing prescription medication or being in any manner under 296.23the influence of a chemical that impairs the individual's ability to provide services or 296.24care. The license holder must train employees, subcontractors, and volunteers about the 296.25program's drug and alcohol policy. 296.26(d) An applicant and license holder must have a program grievance procedure that 296.27permits persons served by the program and their authorized representatives to bring a 296.28grievance to the highest level of authority in the program. 296.29 new text begin (e) The applicant must be able to demonstrate competent knowledge of the new text end 296.30 new text begin applicable requirements of this chapter and chapter 245C, and the requirements of new text end 296.31 new text begin other licensing statutes and rules applicable to the program or services for which the new text end 296.32 new text begin applicant is seeking to be licensed. Effective January 1, 2013, the commissioner may new text end 296.33 new text begin require the applicant, except for child foster care, to demonstrate competence in the new text end 296.34 new text begin applicable licensing requirements by successfully completing a written examination. The new text end 296.35 new text begin commissioner may develop a prescribed written examination format. new text end 297.1 new text begin (f) When an applicant is an individual, the individual must provide the applicant's new text end 297.2 new text begin Social Security number and a photocopy of a Minnesota driver's license, Minnesota new text end 297.3 new text begin identification card, or valid United States passport. new text end 297.4 new text begin (g) When an applicant is a nonindividual, the applicant must provide the applicant's new text end 297.5 new text begin Minnesota tax identification number, the name, and address, and the date that the new text end 297.6 new text begin background study was initiated by the applicant for each controlling individual, and: new text end 297.7 new text begin (1) if the agent authorized to accept service on behalf of all the controlling new text end 297.8 new text begin individuals resides in Minnesota, the agent must provide a photocopy of the agent's new text end 297.9 new text begin Minnesota driver's license, Minnesota identification card, or United States passport; or new text end 297.10 new text begin (2) if the agent authorized to accept service on behalf of all the controlling new text end 297.11 new text begin individuals resides outside Minnesota, the agent must provide a photocopy of the agent's new text end 297.12 new text begin driver's license or identification card from the state where the agent resides or a photocopy new text end 297.13 new text begin of the agent's United States passport. new text end 297.14    Sec. 3. Minnesota Statutes 2010, section 245A.04, subdivision 7, is amended to read: 297.15    Subd. 7. Grant of license; license extension. (a) If the commissioner determines 297.16that the program complies with all applicable rules and laws, the commissioner shall issue 297.17a license. At minimum, the license shall state: 297.18(1) the name of the license holder; 297.19(2) the address of the program; 297.20(3) the effective date and expiration date of the license; 297.21(4) the type of license; 297.22(5) the maximum number and ages of persons that may receive services from the 297.23program; and 297.24(6) any special conditions of licensure. 297.25(b) The commissioner may issue an initial license for a period not to exceed two 297.26years if: 297.27(1) the commissioner is unable to conduct the evaluation or observation required 297.28by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet 297.29operational; 297.30(2) certain records and documents are not available because persons are not yet 297.31receiving services from the program; and 297.32(3) the applicant complies with applicable laws and rules in all other respects. 297.33(c) A decision by the commissioner to issue a license does not guarantee that any 297.34person or persons will be placed or cared for in the licensed program. A license shall not 298.1be transferable to another individual, corporation, partnership, voluntary association, other 298.2organization, or controlling individual or to another location. 298.3(d) A license holder must notify the commissioner and obtain the commissioner's 298.4approval before making any changes that would alter the license information listed under 298.5paragraph (a). 298.6(e) Except as provided in paragraphs (g) and (h), the commissioner shall not issue or 298.7reissue a license if the applicant, license holder, or controlling individual has: 298.8(1) been disqualified and the disqualification was not set aside and no variance has 298.9been granted; 298.10(2) has been denied a license within the past two years; 298.11(3) had a license revoked within the past five years; or 298.12(4) has an outstanding debt related to a license fee, licensing fine, or settlement 298.13agreement for which payment is delinquent. new text begin ; or new text end 298.14 new text begin (5) failed to submit the information required of an applicant under section 245A.04, new text end 298.15 new text begin subdivision 1, paragraph (f) or (g), after being requested by the commissioner. new text end 298.16When a license is revoked under clause (1) or (3), the license holder and controlling 298.17individual may not hold any license under chapter 245A or 245B for five years following 298.18the revocation, and other licenses held by the applicant, license holder, or controlling 298.19individual shall also be revoked. 298.20(f) The commissioner shall not issue or reissue a license if an individual living in 298.21the household where the licensed services will be provided as specified under section 298.22245C.03, subdivision 1 , has been disqualified and the disqualification has not been set 298.23aside and no variance has been granted. 298.24(g) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license has 298.25been suspended or revoked and the suspension or revocation is under appeal, the program 298.26may continue to operate pending a final order from the commissioner. If the license under 298.27suspension or revocation will expire before a final order is issued, a temporary provisional 298.28license may be issued provided any applicable license fee is paid before the temporary 298.29provisional license is issued. 298.30(h) Notwithstanding paragraph (g), when a revocation is based on the disqualification 298.31of a controlling individual or license holder, and the controlling individual or license holder 298.32is ordered under section 245C.17 to be immediately removed from direct contact with 298.33persons receiving services or is ordered to be under continuous, direct supervision when 298.34providing direct contact services, the program may continue to operate only if the program 298.35complies with the order and submits documentation demonstrating compliance with the 298.36order. If the disqualified individual fails to submit a timely request for reconsideration, or 299.1if the disqualification is not set aside and no variance is granted, the order to immediately 299.2remove the individual from direct contact or to be under continuous, direct supervision 299.3remains in effect pending the outcome of a hearing and final order from the commissioner. 299.4(i) For purposes of reimbursement for meals only, under the Child and Adult Care 299.5Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, 299.6part 226, relocation within the same county by a licensed family day care provider, shall 299.7be considered an extension of the license for a period of no more than 30 calendar days or 299.8until the new license is issued, whichever occurs first, provided the county agency has 299.9determined the family day care provider meets licensure requirements at the new location. 299.10(j) Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the 299.11day after the expiration date stated on the license. A license holder must apply for and 299.12be granted a new license to operate the program or the program must not be operated 299.13after the expiration date. 299.14(k) The commissioner shall not issue or reissue a license if it has been determined that 299.15a tribal licensing authority has established jurisdiction to license the program or service. 299.16    Sec. 4. Minnesota Statutes 2010, section 245A.04, subdivision 11, is amended to read: 299.17    Subd. 11. Education program; permitted ages, additional requirement. (a) The 299.18education program offered in a residential or nonresidential program, except for child care, 299.19foster care, or services for adults, must be approved by the commissioner of education 299.20before the commissioner of human services may grant a license to the program. new text begin Except for new text end 299.21 new text begin foster care, the commissioner of human services may not grant a license to a residential new text end 299.22 new text begin facility for the placement of children before the commissioner has received documentation new text end 299.23 new text begin of approval of the educational program from the commissioner of education according to new text end 299.24 new text begin section 125A.515. new text end 299.25    (b) A residential program licensed by the commissioner of human services under 299.26Minnesota Rules, parts 2960.0010 to 2960.0710, may serve persons through the age of 299.2719 when: 299.28    (1) the admission or continued stay is necessary for a person to complete a secondary 299.29school program or its equivalent, or it is necessary to facilitate a transition period after 299.30completing the secondary school program or its equivalent for up to four months in order 299.31for the resident to obtain other living arrangements; 299.32    (2) the facility develops policies, procedures, and plans required under section 299.33; 300.1    (3) the facility documents an assessment of the 18- or 19-year-old person's risk 300.2of victimizing children residing in the facility, and develops necessary risk reduction 300.3measures, including sleeping arrangements, to minimize any risk of harm to children; and 300.4    (4) notwithstanding the license holder's target population age range, whenever 300.5persons age 18 or 19 years old are receiving residential services, the age difference among 300.6residents may not exceed five years. 300.7    (c) new text begin (b) new text end A child foster care program licensed by the commissioner under Minnesota 300.8Rules, chapter 2960, may serve persons who are over the age of 18 but under the age 300.9of 21 when the person is: 300.10(1) completing secondary education or a program leading to an equivalent credential; 300.11(2) enrolled in an institution which provides postsecondary or vocational education; 300.12(3) participating in a program or activity designed to promote, or remove barriers to, 300.13employment; 300.14(4) employed for at least 80 hours per month; or 300.15(5) incapable of doing any of the activities described in clauses (1) to (4) due to a 300.16medical condition, which incapability is supported by regularly updated information in the 300.17case plan of the person. 300.18 new text begin (c) In addition to the requirements in paragraph (b), a residential program licensed new text end 300.19 new text begin by the commissioner of human services under Minnesota Rules, parts 2960.0010 to new text end 300.20 new text begin 2960.0710, may serve persons under the age of 21 provided the facility complies with the new text end 300.21 new text begin following requirements: new text end 300.22 new text begin (1) for each person age 18 and older served at the program, the program must assess new text end 300.23 new text begin and document the person's risk of victimizing other residents residing in the facility, and new text end 300.24 new text begin based on the assessment, the facility must develop and implement necessary measures new text end 300.25 new text begin to minimize any risk of harm to other residents, including making arrangements for new text end 300.26 new text begin appropriate sleeping arrangements; and new text end 300.27 new text begin (2) the program must assure that the services and living arrangements provided to all new text end 300.28 new text begin residents are suitable to the age and functioning of the residents, including separation of new text end 300.29 new text begin services, staff supervision, and other program operations as appropriate. new text end 300.30(d) Nothing in this paragraph new text begin subdivision new text end precludes the license holder from seeking 300.31other variances under subdivision 9. 300.32    Sec. 5. Minnesota Statutes 2010, section 245A.04, is amended by adding a subdivision 300.33to read: 300.34     new text begin Subd. 16. new text end new text begin Program policy; reporting a death in the program. new text end new text begin Unless such new text end 300.35 new text begin reporting is otherwise already required under statute or rule, programs licensed under this new text end 301.1 new text begin chapter must have a written policy for reporting the death of an individual served by the new text end 301.2 new text begin program to the commissioner of human services. Within 24 hours of receiving knowledge new text end 301.3 new text begin of the death of an individual served by the program, the license holder shall notify the new text end 301.4 new text begin commissioner of the death. If the license holder has reason to know that the death has new text end 301.5 new text begin been reported to the commissioner, a subsequent report is not required. new text end 301.6    Sec. 6. Minnesota Statutes 2010, section 245A.04, is amended by adding a subdivision 301.7to read: 301.8     new text begin Subd. 17. new text end new text begin Child care education plan. new text end new text begin Child care providers are not required to new text end 301.9 new text begin provide an education plan or curriculum that has been approved by the Department of new text end 301.10 new text begin Education as a condition for initial or renewed licensure under this chapter. new text end 301.11    Sec. 7. Minnesota Statutes 2010, section 245A.05, is amended to read: 301.12245A.05 DENIAL OF APPLICATION. 301.13(a) The commissioner may deny a license if an applicant or controlling individual: 301.14 new text begin (1) fails to submit a substantially complete application after receiving notice from new text end 301.15 new text begin the commissioner under section 245A.04, subdivision 1; new text end 301.16(1) new text begin (2) new text end fails to comply with applicable laws or rules; 301.17(2) new text begin (3) new text end knowingly withholds relevant information from or gives false or misleading 301.18information to the commissioner in connection with an application for a license or during 301.19an investigation; 301.20(3) new text begin (4) new text end has a disqualification that has not been set aside under section 245C.22 301.21and no variance has been granted; 301.22(4) new text begin (5) new text end has an individual living in the household who received a background study 301.23under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification 301.24that has not been set aside under section 245C.22, and no variance has been granted; or 301.25(5) new text begin (6) new text end is associated with an individual who received a background study under 301.26section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised 301.27access to children or vulnerable adults, and who has a disqualification that has not been set 301.28aside under section 245C.22, and no variance has been granted. new text begin ; or new text end 301.29 new text begin (7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g). new text end 301.30(b) An applicant whose application has been denied by the commissioner must be 301.31given notice of the denial. Notice must be given by certified mail or personal service. 301.32The notice must state the reasons the application was denied and must inform the 301.33applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, 301.34parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the 302.1commissioner in writing by certified mail or personal service. If mailed, the appeal must 302.2be postmarked and sent to the commissioner within 20 calendar days after the applicant 302.3received the notice of denial. If an appeal request is made by personal service, it must 302.4be received by the commissioner within 20 calendar days after the applicant received the 302.5notice of denial. Section 245A.08 applies to hearings held to appeal the commissioner's 302.6denial of an application. 302.7    Sec. 8. Minnesota Statutes 2010, section 245A.07, subdivision 3, is amended to read: 302.8    Subd. 3. License suspension, revocation, or fine. (a) The commissioner may 302.9suspend or revoke a license, or impose a fine if new text begin : new text end 302.10 new text begin (1) new text end a license holder fails to comply fully with applicable laws or rules, if new text begin ; new text end 302.11 new text begin (2) new text end a license holder, a controlling individual, or an individual living in the household 302.12where the licensed services are provided or is otherwise subject to a background study has 302.13a disqualification which has not been set aside under section 245C.22, or if new text begin ; new text end 302.14 new text begin (3) new text end a license holder knowingly withholds relevant information from or gives false 302.15or misleading information to the commissioner in connection with an application for 302.16a license, in connection with the background study status of an individual, during an 302.17investigation, or regarding compliance with applicable laws or rules. new text begin ; or new text end 302.18 new text begin (4) after July 1, 2012, and upon request by the commissioner, a license holder fails new text end 302.19 new text begin to submit the information required of an applicant under section 245A.04, subdivision 1, new text end 302.20 new text begin paragraph (f) or (g). new text end 302.21A license holder who has had a license suspended, revoked, or has been ordered 302.22to pay a fine must be given notice of the action by certified mail or personal service. If 302.23mailed, the notice must be mailed to the address shown on the application or the last 302.24known address of the license holder. The notice must state the reasons the license was 302.25suspended, revoked, or a fine was ordered. 302.26    (b) If the license was suspended or revoked, the notice must inform the license 302.27holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 302.281400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking 302.29a license. The appeal of an order suspending or revoking a license must be made in writing 302.30by certified mail or personal service. If mailed, the appeal must be postmarked and sent to 302.31the commissioner within ten calendar days after the license holder receives notice that the 302.32license has been suspended or revoked. If a request is made by personal service, it must be 302.33received by the commissioner within ten calendar days after the license holder received 302.34the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits 302.35a timely appeal of an order suspending or revoking a license, the license holder may 303.1continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs 303.2(g) and (h), until the commissioner issues a final order on the suspension or revocation. 303.3    (c)(1) If the license holder was ordered to pay a fine, the notice must inform the 303.4license holder of the responsibility for payment of fines and the right to a contested case 303.5hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal 303.6of an order to pay a fine must be made in writing by certified mail or personal service. If 303.7mailed, the appeal must be postmarked and sent to the commissioner within ten calendar 303.8days after the license holder receives notice that the fine has been ordered. If a request is 303.9made by personal service, it must be received by the commissioner within ten calendar 303.10days after the license holder received the order. 303.11    (2) The license holder shall pay the fines assessed on or before the payment date 303.12specified. If the license holder fails to fully comply with the order, the commissioner 303.13may issue a second fine or suspend the license until the license holder complies. If the 303.14license holder receives state funds, the state, county, or municipal agencies or departments 303.15responsible for administering the funds shall withhold payments and recover any payments 303.16made while the license is suspended for failure to pay a fine. A timely appeal shall stay 303.17payment of the fine until the commissioner issues a final order. 303.18    (3) A license holder shall promptly notify the commissioner of human services, 303.19in writing, when a violation specified in the order to forfeit a fine is corrected. If upon 303.20reinspection the commissioner determines that a violation has not been corrected as 303.21indicated by the order to forfeit a fine, the commissioner may issue a second fine. The 303.22commissioner shall notify the license holder by certified mail or personal service that a 303.23second fine has been assessed. The license holder may appeal the second fine as provided 303.24under this subdivision. 303.25    (4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for 303.26each determination of maltreatment of a child under section 626.556 or the maltreatment 303.27of a vulnerable adult under section 626.557 for which the license holder is determined 303.28responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i), 303.29or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each 303.30occurrence of a violation of law or rule governing matters of health, safety, or supervision, 303.31including but not limited to the provision of adequate staff-to-child or adult ratios, and 303.32failure to comply with background study requirements under chapter 245C; and the license 303.33holder shall forfeit $100 for each occurrence of a violation of law or rule other than those 303.34subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence" means 303.35each violation identified in the commissioner's fine order. Fines assessed against a license 303.36holder that holds a license to provide the residential-based habilitation services, as defined 304.1under section 245B.02, subdivision 20, and a license to provide foster care, may be 304.2assessed against both licenses for the same occurrence, but the combined amount of the 304.3fines shall not exceed the amount specified in this clause for that occurrence. 304.4    (5) When a fine has been assessed, the license holder may not avoid payment by 304.5closing, selling, or otherwise transferring the licensed program to a third party. In such an 304.6event, the license holder will be personally liable for payment. In the case of a corporation, 304.7each controlling individual is personally and jointly liable for payment. 304.8 new text begin (d) Except for background study violations involving the failure to comply with an new text end 304.9 new text begin order to immediately remove an individual or an order to provide continuous, direct new text end 304.10 new text begin supervision, the commissioner shall not issue a fine under paragraph (c) relating to a new text end 304.11 new text begin background study violation to a license holder who self-corrects a background study new text end 304.12 new text begin violation before the commissioner discovers the violation. A license holder who has new text end 304.13 new text begin previously exercised the provisions of this paragraph to avoid a fine for a background new text end 304.14 new text begin study violation may not avoid a fine for a subsequent background study violation unless at new text end 304.15 new text begin least 365 days have passed since the license holder self-corrected the earlier background new text end 304.16 new text begin study violation. new text end 304.17    Sec. 9. Minnesota Statutes 2010, section 245A.14, subdivision 11, is amended to read: 304.18    Subd. 11. Swimming pools; family day care and group family day care 304.19providers. (a) This subdivision governs swimming pools located at family day care 304.20or group family day care homes licensed under Minnesota Rules, chapter 9502. This 304.21subdivision does not apply to portable wading pools or whirlpools located at family day 304.22care or group family day care homes licensed under Minnesota Rules, chapter 9502. For a 304.23provider to be eligible to allow a child cared for at the family day care or group family day 304.24care home to use the swimming pool located at the home, the provider must not have had 304.25a licensing sanction under section 245A.07 or a correction order or conditional license 304.26under section 245A.06 relating to the supervision or health and safety of children during 304.27the prior 24 months, and must satisfy the following requirements: 304.28(1) notify the county agency before initial use of the swimming pool and annually, 304.29thereafter; 304.30(2) obtain written consent from a child's parent or legal guardian allowing the child 304.31to use the swimming pool and renew the parent or legal guardian's written consent at least 304.32annually. The written consent must include a statement that the parent or legal guardian 304.33has received and read materials provided by the Department of Health to the Department 304.34of Human Services for distribution to all family day care or group family day care homes 304.35and the general public on the human services Internet Web site related to the risk of disease 305.1transmission as well as other health risks associated with swimming pools. The written 305.2consent must also include a statement that the Department of Health, Department of 305.3Human Services, and county agency will not monitor or inspect the provider's swimming 305.4pool to ensure compliance with the requirements in this subdivision; 305.5(3) enter into a written contract with a child's parent or legal guardian and renew the 305.6written contract annually. The terms of the written contract must specify that the provider 305.7agrees to perform all of the requirements in this subdivision; 305.8(4) attend and successfully complete a swimming pool operator training course once 305.9every five years. Acceptable training courses are: 305.10(i) the National Swimming Pool Foundation Certified Pool Operator course; 305.11(ii) the National Spa and Pool Institute Tech I and Tech II courses (both required); or 305.12(iii) the National Recreation and Park Association Aquatic Facility Operator course; 305.13(5) require a caregiver trained in first aid and adult and child cardiopulmonary 305.14resuscitation to supervise and be present at the swimming pool with any children in the 305.15pool; 305.16(6) toilet all potty-trained children before they enter the swimming pool; 305.17(7) require all children who are not potty-trained to wear swim diapers while in 305.18the swimming pool; 305.19(8) if fecal material enters the swimming pool water, add three times the normal 305.20shock treatment to the pool water to raise the chlorine level to at least 20 parts per million, 305.21and close the pool to swimming for the 24 hours following the entrance of fecal material 305.22into the water or until the water pH and disinfectant concentration levels have returned to 305.23the standards specified in clause (10), whichever is later; 305.24(9) prevent any person from entering the swimming pool who has an open wound or 305.25any person who has or is suspected of having a communicable disease; 305.26(10) maintain the swimming pool water at a pH of not less than 7.2 and not more 305.27than 8.0, maintain the disinfectant concentration between two and five parts per million for 305.28chlorine or between 2.3 and 4.5 parts per million for bromine, and maintain a daily record 305.29of the swimming pool's operation with pH and disinfectant concentration readings on days 305.30when children cared for at the family day care or group family day care home are present; 305.31(11) have a disinfectant feeder or feeders; 305.32(12) have a recirculation system that will clarify and disinfect the swimming pool 305.33volume of water in ten hours or less; 305.34(13) maintain the swimming pool's water clarity so that an object on the pool floor at 305.35the pool's deepest point is easily visible; 306.1(14) have two or more suction lines in the swimming pool new text begin comply with the provisions new text end 306.2 new text begin of the Abigail Taylor Pool Safety Act in section 144.1222, subdivisions 1c and 1d new text end ; 306.3(15) have in place and enforce written safety rules and swimming pool policies; 306.4(16) have in place at all times a safety rope that divides the shallow and deep 306.5portions of the swimming pool; 306.6(17) satisfy any existing local ordinances regarding swimming pool installation, 306.7decks, and fencing; 306.8(18) maintain a water temperature of not more than 104 degrees Fahrenheit and 306.9not less than 70 degrees Fahrenheit; and 306.10(19) for lifesaving equipment, have a United States Coast Guard-approved life 306.11ring attached to a rope, an exit ladder, and a shepherd's hook available at all times to the 306.12caregiver supervising the swimming pool. 306.13The requirements of clauses (5), (16), and (18) only apply at times when children 306.14cared for at the family day care or group family day care home are present. 306.15(b) A violation of paragraph (a), clauses (1) to (3), is grounds for a sanction under 306.16section 245A.07 or a correction order or conditional license under section 245A.06. 306.17(c) If a provider under this subdivision receives a licensing sanction under section 306.18245A.07 or a correction order or a conditional license under section 245A.06 relating to 306.19the supervision or health and safety of children, the provider is prohibited from allowing a 306.20child cared for at the family day care or group family day care home to continue to use 306.21the swimming pool located at the home. 306.22    Sec. 10. Minnesota Statutes 2010, section 245A.146, subdivision 2, is amended to read: 306.23    Subd. 2. Documentation requirement for license holders. (a) Effective January 306.241, 2006, All licensed child care providers new text begin , children's residential facilities, chemical new text end 306.25 new text begin dependency treatment programs with children in care, and residential habilitation new text end 306.26 new text begin programs serving children with developmental disabilities new text end must maintain the following 306.27documentation for every crib used by or that is accessible to any child in care: 306.28(1) the crib's brand name; and 306.29(2) the crib's model number. 306.30(b) Any crib for which the license holder does not have the documentation required 306.31under paragraph (a) must not be used by or be accessible to children in care. 306.32 new text begin (c) Effective December 28, 2012, the licensed program must maintain documentation new text end 306.33 new text begin that meets federal documentation requirements to show that every full-size and new text end 306.34 new text begin non-full-size crib that is used by or is accessible to any child in care is compliant with new text end 307.1 new text begin federal crib standards under Code of Federal Regulations, title 16, part 1219, for full-size new text end 307.2 new text begin baby cribs, or Code of Federal Regulations, title 16, part 1220, for non-full-size baby cribs. new text end 307.3    Sec. 11. Minnesota Statutes 2010, section 245A.146, subdivision 3, is amended to read: 307.4    Subd. 3. License holder documentation of cribs. (a) Annually, from the date 307.5printed on the license, all license holders shall check all their cribs' brand names and 307.6model numbers against the United States Consumer Product Safety Commission Web 307.7site listing of unsafe cribs. 307.8(b) The license holder shall maintain written documentation to be reviewed on site 307.9for each crib showing that the review required in paragraph (a) has been completed, and 307.10which of the following conditions applies: 307.11(1) the crib was not identified as unsafe on the United States Consumer Product 307.12Safety Commission Web site; 307.13(2) the crib was identified as unsafe on the United States Consumer Product Safety 307.14Commission Web site, but the license holder has taken the action directed by the United 307.15States Consumer Product Safety Commission to make the crib safe; or 307.16(3) the crib was identified as unsafe on the United States Consumer Product Safety 307.17Commission Web site, and the license holder has removed the crib so that it is no longer 307.18used by or accessible to children in care. 307.19(c) Documentation of the review completed under this subdivision shall be 307.20maintained by the license holder on site and made available to parents new text begin or guardians new text end of 307.21children in care and the commissioner. 307.22(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider 307.23that complies with this section may use a mesh-sided playpen or crib that has not been 307.24identified as unsafe on the United States Consumer Product Safety Commission Web site 307.25for the care or sleeping of infants. 307.26    Sec. 12. Minnesota Statutes 2010, section 245A.18, subdivision 1, is amended to read: 307.27    Subdivision 1. Seat belt new text begin and child passenger restraint system new text end use. new text begin When a child new text end 307.28 new text begin is transported, new text end a license holder must comply with all seat belt and child passenger restraint 307.29system requirements under section new text begin sections new text end 169.685 new text begin and 169.686 new text end . 307.30    Sec. 13. new text begin [245A.191] PROVIDER ELIGIBILITY FOR PAYMENTS FROM THE new text end 307.31 new text begin CHEMICAL DEPENDENCY CONSOLIDATED TREATMENT FUND. new text end 307.32 new text begin (a) When a chemical dependency treatment provider licensed under Minnesota new text end 307.33 new text begin Rules, parts 2960.0430 to 2960.0490 or 9530.6405 to 9530.6505, agrees to meet the new text end 308.1 new text begin applicable requirements under section 254B.05, subdivision 5, paragraphs (b), clauses new text end 308.2 new text begin (1) to (4) and (6), (c), and (d), to be eligible for enhanced funding from the chemical new text end 308.3 new text begin dependency consolidated treatment fund, the applicable requirements under section new text end 308.4 new text begin 254B.05 are also licensing requirements that may be monitored for compliance through new text end 308.5 new text begin licensing investigations and licensing inspections. new text end 308.6     new text begin (b) Noncompliance with the requirements identified under paragraph (a) may new text end 308.7 new text begin result in: new text end 308.8     new text begin (1) a correction order or a conditional license under section 245A.06, or sanctions new text end 308.9 new text begin under section 245A.07; new text end 308.10     new text begin (2) nonpayment of claims submitted by the license holder for public program new text end 308.11 new text begin reimbursement; new text end 308.12     new text begin (3) recovery of payments made for the service; new text end 308.13     new text begin (4) disenrollment in the public payment program; or new text end 308.14     new text begin (5) other administrative, civil, or criminal penalties as provided by law. new text end 308.15    Sec. 14. Minnesota Statutes 2010, section 245A.22, subdivision 2, is amended to read: 308.16    Subd. 2. Admission. (a) The license holder shall accept as clients in the independent 308.17living assistance program only youth ages 16 to 21 who are in out-of-home placement, 308.18leaving out-of-home placement, at risk of becoming homeless, or homeless. 308.19(b) Youth who have current drug or alcohol problems, a recent history of violent 308.20behaviors, or a mental health disorder or issue that is not being resolved through 308.21counseling or treatment are not eligible to receive the services described in subdivision 1. 308.22(c) Youth who are not employed, participating in employment training, or enrolled 308.23in an academic program are not eligible to receive transitional housing or independent 308.24living assistance. 308.25 new text begin (d) The commissioner may grant a variance under section 245A.04, subdivision 9, new text end 308.26 new text begin to requirements in this section. new text end 308.27    Sec. 15. Minnesota Statutes 2010, section 245A.66, subdivision 2, is amended to read: 308.28    Subd. 2. Child care centers; risk reduction plan. (a) Child care centers licensed 308.29under this chapter and Minnesota Rules, chapter 9503, must develop a risk reduction plan 308.30that assesses new text begin identifies new text end the general risks to children served by the child care center. The 308.31license holder must establish procedures to minimize identified risks, train staff on the 308.32procedures, and annually review the procedures. 309.1(b) The risk reduction plan must include an assessment of risk to children the 309.2center serves or intends to serve new text begin and identify specific risks based on the outcome of the new text end 309.3 new text begin assessment. The assessment of risk must be new text end based on the following: 309.4(1) an assessment of the risk presented by the vulnerability of the children served, 309.5including an evaluation of the following factors: age, developmental functioning, and the 309.6physical and emotional health of children the program serves or intends to serve; 309.7(2) an assessment of the risks presented by the physical plant where the licensed 309.8services are provided, including an evaluation of the following factors: the condition and 309.9design of the facility and its outdoor space, bathrooms, storage areas, and accessibility 309.10of medications and cleaning products that are harmful to children when children are not 309.11supervised, doors where finger pinching may occur, and the existence of areas that are 309.12difficult to supervise; and 309.13(3) new text begin (2) new text end an assessment of the risks presented by the environment for each facility and 309.14for each site, including an evaluation of the following factors: the type of grounds and 309.15terrain surrounding the building and the proximity to hazards, busy roads, and publicly 309.16accessed businesses. 309.17(c) The risk reduction plan must include a statement of measures that will be 309.18taken to minimize the risk of harm presented to children new text begin for each risk identified in the new text end 309.19 new text begin assessment required under paragraph (b) related to the physical plant and environment new text end . At 309.20a minimum, the risk reduction plan new text begin stated measures new text end must address the following: new text begin include new text end 309.21(1) a general description of supervision, programming, and new text begin the development and new text end 309.22 new text begin implementation of specific policies and procedures or new text end reference to the new text begin existing new text end policies 309.23and procedures developed and implemented to address new text begin that minimize new text end the risks identified 309.24in the assessment required under paragraph (b) related to the general population served, 309.25the physical plant, and environment; new text begin . new text end 309.26(2) new text begin (d) new text end In addition to any program-specific risks identified in paragraph (b), the plan 309.27must include new text begin development and implementation of specific policies and procedures new text end or refer 309.28to new text begin existing new text end policies and procedures developed and implemented to new text begin that new text end minimize the risk 309.29of harm or injury to children, including: 309.30(i) new text begin (1) new text end closing children's fingers in doors, including cabinet doors; 309.31(ii) new text begin (2) new text end leaving children in the community without supervision; 309.32(iii) new text begin (3) new text end children leaving the facility without supervision; 309.33(iv) new text begin (4) new text end caregiver dislocation of children's elbows; 309.34(v) new text begin (5) new text end burns from hot food or beverages, whether served to children or being 309.35consumed by caregivers, and the devices used to warm food and beverages; 309.36(vi) new text begin (6) new text end injuries from equipment, such as scissors and glue guns; 310.1(vii) new text begin (7) new text end sunburn; 310.2(viii) new text begin (8) new text end feeding children foods to which they are allergic; 310.3(ix) new text begin (9) new text end children falling from changing tables; and 310.4(x) new text begin (10) new text end children accessing dangerous items or chemicals or coming into contact 310.5with residue from harmful cleaning products; and new text begin . new text end 310.6(3) new text begin (e) new text end The plan shall prohibit the accessibility of hazardous items to children. 310.7 new text begin (f) The plan must include specific policies and procedures to ensure adequate new text end 310.8 new text begin supervision of children at all times as defined under section 245A.02, subdivision 18, with new text end 310.9 new text begin particular emphasis on: new text end 310.10 new text begin (1) times when children are transitioned from one area within the facility to another; new text end 310.11 new text begin (2) nap-time supervision, including infant crib rooms as specified under section new text end 310.12 new text begin 245A.02, subdivision 18, which requires that when an infant is placed in a crib to sleep, new text end 310.13 new text begin supervision occurs when a staff person is within sight or hearing of the infant. When new text end 310.14 new text begin supervision of a crib room is provided by sight or hearing, the center must have a plan to new text end 310.15 new text begin address the other supervision components; new text end 310.16 new text begin (3) child drop-off and pick-up times; new text end 310.17 new text begin (4) supervision during outdoor play and on community activities, including but not new text end 310.18 new text begin limited to field trips and neighborhood walks; and new text end 310.19 new text begin (5) supervision of children in hallways. new text end 310.20    Sec. 16. Minnesota Statutes 2010, section 245A.66, subdivision 3, is amended to read: 310.21    Subd. 3. Orientation to risk reduction plan and annual review of plan. (a) The 310.22license holder shall ensure that all mandated reporters, as defined in section 626.556, 310.23subdivision 3, who are under the control of the license holder, receive an orientation to 310.24the risk reduction plan prior to first providing unsupervised direct contact services, as 310.25defined in section 245C.02, subdivision 11, to children, not to exceed 14 days from the 310.26first supervised direct contact, and annually thereafter. new text begin The license holder must document new text end 310.27 new text begin the orientation to the risk reduction plan in the mandated reporter's personnel records. new text end 310.28(b) The license holder must review the risk reduction plan annually new text begin and document new text end 310.29 new text begin the annual review new text end . When conducting the review, the license holder must consider incidents 310.30that have occurred in the center since the last review, including: 310.31(1) the assessment factors in the plan; 310.32(2) the internal reviews conducted under this section, if any; 310.33(3) substantiated maltreatment findings, if any; and 310.34(4) incidents that caused injury or harm to a child, if any, that occurred since the 310.35last review. 311.1Following any change to the risk reduction plan, the license holder must inform mandated 311.2reporters, under the control of the license holder, of the changes in the risk reduction plan new text begin , new text end 311.3 new text begin and document that the mandated reporters were informed of the changes new text end . 311.4    Sec. 17. Minnesota Statutes 2010, section 245C.03, subdivision 1, is amended to read: 311.5    Subdivision 1. Licensed programs. (a) The commissioner shall conduct a 311.6background study on: 311.7(1) the person or persons applying for a license; 311.8(2) an individual age 13 and over living in the household where the licensed program 311.9will be provided new text begin who is not receiving licensed services from the program new text end ; 311.10(3) current or prospective employees or contractors of the applicant who will have 311.11direct contact with persons served by the facility, agency, or program; 311.12(4) volunteers or student volunteers who will have direct contact with persons served 311.13by the program to provide program services if the contact is not under the continuous, 311.14direct supervision by an individual listed in clause (1) or (3); 311.15(5) an individual age ten to 12 living in the household where the licensed services 311.16will be provided when the commissioner has reasonable cause; 311.17(6) an individual who, without providing direct contact services at a licensed 311.18program, may have unsupervised access to children or vulnerable adults receiving services 311.19from a program, when the commissioner has reasonable cause; and 311.20(7) all managerial officials as defined under section 245A.02, subdivision 5a. 311.21(b) For family child foster care settings, a short-term substitute caregiver providing 311.22direct contact services for a child for less than 72 hours of continuous care is not required 311.23to receive a background study under this chapter. 311.24    Sec. 18. Minnesota Statutes 2010, section 245C.04, subdivision 1, is amended to read: 311.25    Subdivision 1. Licensed programs. (a) The commissioner shall conduct a 311.26background study of an individual required to be studied under section 245C.03, 311.27subdivision 1 , at least upon application for initial license for all license types. 311.28    (b) The commissioner shall conduct a background study of an individual required 311.29to be studied under section 245C.03, subdivision 1, at reapplication for a license for 311.30family child care. 311.31    (c) The commissioner is not required to conduct a study of an individual at the time 311.32of reapplication for a license if the individual's background study was completed by the 311.33commissioner of human services for an adult foster care license holder that is also: 311.34    (1) registered under chapter 144D; or 312.1    (2) licensed to provide home and community-based services to people with 312.2disabilities at the foster care location and the license holder does not reside in the foster 312.3care residence; and 312.4    (3) the following conditions are met: 312.5    (i) a study of the individual was conducted either at the time of initial licensure or 312.6when the individual became affiliated with the license holder; 312.7    (ii) the individual has been continuously affiliated with the license holder since 312.8the last study was conducted; and 312.9    (iii) the last study of the individual was conducted on or after October 1, 1995. 312.10    (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall 312.11conduct a study of an individual required to be studied under section 245C.03, at the 312.12time of reapplication for a child foster care license. The county or private agency shall 312.13collect and forward to the commissioner the information required under section 245C.05, 312.14subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background 312.15study conducted by the commissioner of human services under this paragraph must 312.16include a review of the information required under section 245C.08, subdivisions 1, 312.17paragraph (a), clauses (1) to (5), 3, and 4. 312.18    (e) The commissioner of human services shall conduct a background study of an 312.19individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) 312.20to (6), who is newly affiliated with a child foster care license holder. The county or 312.21private agency shall collect and forward to the commissioner the information required 312.22under section 245C.05, subdivisions 1 and 5. The background study conducted by the 312.23commissioner of human services under this paragraph must include a review of the 312.24information required under section 245C.08, subdivisions 1, 3, and 4. 312.25    (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in 312.26paragraph (c), the commissioner shall conduct a study of an individual required to 312.27be studied under section 245C.03 at the time of reapplication for an adult foster care 312.28or family adult day services license: (1) the county shall collect and forward to the 312.29commissioner the information required under section 245C.05, subdivision 1, paragraphs 312.30(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted 312.31by the commissioner for all family adult day services and for adult foster care when 312.32the adult foster care license holder resides in the adult foster care or family adult day 312.33services residence; (2) the license holder shall collect and forward to the commissioner 312.34the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b); 312.35and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for 312.36adult foster care when the license holder does not reside in the adult foster care residence; 313.1and (3) the background study conducted by the commissioner under this paragraph must 313.2include a review of the information required under section 245C.08, subdivision 1, 313.3paragraph (a), clauses (1) to (5), and subdivisions 3 and 4. 313.4(g) The commissioner shall conduct a background study of an individual specified 313.5under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly 313.6affiliated with an adult foster care or family adult day services license holder: (1) the 313.7county shall collect and forward to the commissioner the information required under 313.8section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a) 313.9and (b), for background studies conducted by the commissioner for all family adult day 313.10services and for adult foster care when the adult foster care license holder resides in 313.11the adult foster care residence; (2) the license holder shall collect and forward to the 313.12commissioner the information required under section 245C.05, subdivisions 1, paragraphs 313.13(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the 313.14commissioner for adult foster care when the license holder does not reside in the adult 313.15foster care residence; and (3) the background study conducted by the commissioner under 313.16this paragraph must include a review of the information required under section 245C.08, 313.17subdivision 1 , paragraph (a), and subdivisions 3 and 4. 313.18(h) Applicants for licensure, license holders, and other entities as provided in this 313.19chapter must submit completed background study forms to the commissioner before 313.20individuals specified in section 245C.03, subdivision 1, begin positions allowing direct 313.21contact in any licensed program. 313.22    (i) A license holder must provide the commissioner notice new text begin initiate a new background new text end 313.23 new text begin study new text end through the commissioner's online background study system or through a letter 313.24mailed to the commissioner when: 313.25    (1) an individual returns to a position requiring a background study following an 313.26absence of 45 new text begin 180 new text end or more consecutive days; or 313.27    (2) a program that discontinued providing licensed direct contact services for 45 new text begin 180 new text end 313.28or more consecutive days begins to provide direct contact licensed services again. 313.29    The license holder shall maintain a copy of the notification provided to 313.30the commissioner under this paragraph in the program's files. new text begin If the individual's new text end 313.31 new text begin disqualification was previously set aside for the license holder's program and the new new text end 313.32 new text begin background study results in no new information that indicates the individual may pose a new text end 313.33 new text begin risk of harm to persons receiving services from the license holder, the previous set-aside new text end 313.34 new text begin shall remain in effect. new text end 314.1    (j) For purposes of this section, a physician licensed under chapter 147 is considered 314.2to be continuously affiliated upon the license holder's receipt from the commissioner of 314.3health or human services of the physician's background study results. 314.4 new text begin (k) For purposes of family child care, a substitute caregiver must receive repeat new text end 314.5 new text begin background studies at the time of each license renewal. new text end 314.6    Sec. 19. Minnesota Statutes 2010, section 245C.05, subdivision 2, is amended to read: 314.7    Subd. 2. Applicant, license holder, or other entity. The applicant, license holder, 314.8or other entities as provided in this chapter shall provide new text begin verify that new text end the information 314.9collected under subdivision 1 about an individual who is the subject of the background 314.10study new text begin is correct and must provide the information new text end on forms or in a format prescribed by 314.11the commissioner. 314.12    Sec. 20. Minnesota Statutes 2010, section 245C.05, is amended by adding a 314.13subdivision to read: 314.14     new text begin Subd. 2c. new text end new text begin Privacy notice to background study subject. new text end new text begin (a) For every background new text end 314.15 new text begin study, the commissioner's notice to the background study subject required under new text end 314.16 new text begin section 13.04, subdivision 2, that is provided through the commissioner's electronic new text end 314.17 new text begin NETStudy system or through the commissioner's background study forms shall include new text end 314.18 new text begin the information in paragraph (b). new text end 314.19 new text begin (b) The background study subject shall be informed that any previous background new text end 314.20 new text begin studies that received a set-aside will be reviewed, and without further contact with the new text end 314.21 new text begin background study subject, the commissioner may notify the agency that initiated the new text end 314.22 new text begin subsequent background study: new text end 314.23 new text begin (1) that the individual has a disqualification that has been set aside for the program new text end 314.24 new text begin or agency that initiated the study; new text end 314.25 new text begin (2) the reason for the disqualification; and new text end 314.26 new text begin (3) information about the decision to set aside the disqualification will be available new text end 314.27 new text begin to the license holder upon request without the consent of the background study subject. new text end 314.28    Sec. 21. Minnesota Statutes 2010, section 245C.05, subdivision 4, is amended to read: 314.29    Subd. 4. Electronic transmission. new text begin (a) new text end For background studies conducted by the 314.30Department of Human Services, the commissioner shall implement a system for the 314.31electronic transmission of: 314.32    (1) background study information to the commissioner; 314.33    (2) background study results to the license holder; 315.1    (3) background study results to county and private agencies for background studies 315.2conducted by the commissioner for child foster care; and 315.3(4) background study results to county agencies for background studies conducted 315.4by the commissioner for adult foster care and family adult day services. 315.5 new text begin (b) Unless the commissioner has granted a hardship variance under paragraph (c), a new text end 315.6 new text begin license holder or an applicant must use the electronic transmission system known as new text end 315.7 new text begin NETStudy to submit all requests for background studies to the commissioner as required new text end 315.8 new text begin by this chapter. new text end 315.9 new text begin (c) A license holder or applicant whose program is located in an area in which new text end 315.10 new text begin high-speed Internet is inaccessible may request the commissioner to grant a variance to new text end 315.11 new text begin the electronic transmission requirement. new text end 315.12    Sec. 22. Minnesota Statutes 2010, section 245C.05, subdivision 7, is amended to read: 315.13    Subd. 7. Probation officer and corrections agent. (a) A probation officer or 315.14corrections agent shall notify the commissioner of an individual's conviction if the 315.15individual is: 315.16    (1) new text begin has been new text end affiliated with a program or facility regulated by the Department of 315.17Human Services or Department of Health, a facility serving children or youth licensed by 315.18the Department of Corrections, or any type of home care agency or provider of personal 315.19care assistance services new text begin within the preceding year new text end ; and 315.20    (2) new text begin has been new text end convicted of a crime constituting a disqualification under section 315.21245C.14 . 315.22    (b) For the purpose of this subdivision, "conviction" has the meaning given it 315.23in section 609.02, subdivision 5. 315.24    (c) The commissioner, in consultation with the commissioner of corrections, shall 315.25develop forms and information necessary to implement this subdivision and shall provide 315.26the forms and information to the commissioner of corrections for distribution to local 315.27probation officers and corrections agents. 315.28    (d) The commissioner shall inform individuals subject to a background study that 315.29criminal convictions for disqualifying crimes will be reported to the commissioner by the 315.30corrections system. 315.31    (e) A probation officer, corrections agent, or corrections agency is not civilly or 315.32criminally liable for disclosing or failing to disclose the information required by this 315.33subdivision. 315.34    (f) Upon receipt of disqualifying information, the commissioner shall provide the 315.35notice required under section 245C.17, as appropriate, to agencies on record as having 316.1initiated a background study or making a request for documentation of the background 316.2study status of the individual. 316.3    (g) This subdivision does not apply to family child care programs. 316.4    Sec. 23. Minnesota Statutes 2010, section 245C.07, is amended to read: 316.5245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES. 316.6    (a) Except for child foster care and adoption agencies, new text begin Subject to the conditions in new text end 316.7 new text begin paragraph (d), new text end when a license holder, applicant, or other entity owns multiple programs or 316.8services that are licensed by the Department of Human Services, Department of Health, or 316.9Department of Corrections, only one background study is required for an individual who 316.10provides direct contact services in one or more of the licensed programs or services if: 316.11    (1) the license holder designates one individual with one address and telephone 316.12number as the person to receive sensitive background study information for the multiple 316.13licensed programs or services that depend on the same background study; and 316.14    (2) the individual designated to receive the sensitive background study information 316.15is capable of determining, upon request of the department, whether a background study 316.16subject is providing direct contact services in one or more of the license holder's programs 316.17or services and, if so, at which location or locations. 316.18    (b) When a license holder maintains background study compliance for multiple 316.19licensed programs according to paragraph (a), and one or more of the licensed programs 316.20closes, the license holder shall immediately notify the commissioner which staff must be 316.21transferred to an active license so that the background studies can be electronically paired 316.22with the license holder's active program. 316.23    (c) When a background study is being initiated by a licensed program or service or a 316.24foster care provider that is also registered under chapter 144D, a study subject affiliated 316.25with multiple licensed programs or services may attach to the background study form a 316.26cover letter indicating the additional names of the programs or services, addresses, and 316.27background study identification numbers. 316.28    When the commissioner receives a notice, the commissioner shall notify each 316.29program or service identified by the background study subject of the study results. 316.30    The background study notice the commissioner sends to the subsequent agencies 316.31shall satisfy those programs' or services' responsibilities for initiating a background study 316.32on that individual. 316.33 new text begin (d) If a background study was conducted on an individual related to child foster care new text end 316.34 new text begin and the requirements under paragraph (a) are met, the background study is transferable new text end 316.35 new text begin across all licensed programs. If a background study was conducted on an individual under new text end 317.1 new text begin a license other than child foster care and the requirements under paragraph (a) are met, the new text end 317.2 new text begin background study is transferable to all licensed programs except child foster care. new text end 317.3 new text begin (e) The provisions of this section that allow a single background study in one new text end 317.4 new text begin or more licensed programs or services do not apply to background studies submitted new text end 317.5 new text begin by adoption agencies, supplemental nursing services agencies, personnel agencies, new text end 317.6 new text begin educational programs, professional services agencies, and unlicensed personal care new text end 317.7 new text begin provider organizations. new text end 317.8    Sec. 24. Minnesota Statutes 2010, section 245C.08, subdivision 1, is amended to read: 317.9    Subdivision 1. Background studies conducted by Department of Human 317.10Services. (a) For a background study conducted by the Department of Human Services, 317.11the commissioner shall review: 317.12    (1) information related to names of substantiated perpetrators of maltreatment of 317.13vulnerable adults that has been received by the commissioner as required under section 317.14626.557, subdivision 9c , paragraph (j); 317.15    (2) the commissioner's records relating to the maltreatment of minors in licensed 317.16programs, and from findings of maltreatment of minors as indicated through the social 317.17service information system; 317.18    (3) information from juvenile courts as required in subdivision 4 for individuals 317.19listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause; 317.20    (4) information from the Bureau of Criminal Apprehension; 317.21    (5) except as provided in clause (6), information from the national crime information 317.22system when the commissioner has reasonable cause as defined under section 245C.05, 317.23subdivision 5; and 317.24    (6) for a background study related to a child foster care application for licensure or 317.25adoptions, the commissioner shall also review: 317.26    (i) information from the child abuse and neglect registry for any state in which the 317.27background study subject has resided for the past five years; and 317.28    (ii) information from national crime information databases, when the background 317.29study subject is 18 years of age or older. 317.30    (b) Notwithstanding expungement by a court, the commissioner may consider 317.31information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 317.32received notice of the petition for expungement and the court order for expungement is 317.33directed specifically to the commissioner. new text begin When the commissioner has reasonable cause to new text end 317.34 new text begin believe that the identity of a background study subject is uncertain, the commissioner shall new text end 318.1 new text begin require the subject to provide a set of classifiable fingerprints and may review the subject's new text end 318.2 new text begin national criminal history record information. new text end 318.3    Sec. 25. Minnesota Statutes 2010, section 245C.14, subdivision 2, is amended to read: 318.4    Subd. 2. Disqualification from access. (a) If an individual who is studied under 318.5section 245C.03, subdivision 1, paragraph (a), clauses (2), (5), and (6), is disqualified from 318.6direct contact under subdivision 1, the commissioner shall also disqualify the individual 318.7from access to a person receiving services from the license holder. 318.8(b) No individual who is disqualified following a background study under section 318.9245C.03, subdivision 1 , paragraph (a), clauses (2), (5), and (6), or as provided elsewhere 318.10in statute who is disqualified as a result of this section, may be allowed access to persons 318.11served by the program unless the commissioner has provided written notice under section 318.12245C.17 stating that: 318.13(1) the individual may remain in direct contact during the period in which the 318.14individual may request reconsideration as provided in section 245C.21, subdivision 2; 318.15(2) the commissioner has set aside the individual's disqualification for that 318.16licensed program or entity identified in section 245C.03 as provided in section 245C.22, 318.17subdivision 4 ; or 318.18(3) the license holder has been granted a variance for the disqualified individual 318.19under section 245C.30. 318.20    Sec. 26. Minnesota Statutes 2010, section 245C.16, subdivision 1, is amended to read: 318.21    Subdivision 1. Determining immediate risk of harm. (a) If the commissioner 318.22determines that the individual studied has a disqualifying characteristic, the commissioner 318.23shall review the information immediately available and make a determination as to the 318.24subject's immediate risk of harm to persons served by the program where the individual 318.25studied will have direct contact with, or access to, people receiving services. 318.26    (b) The commissioner shall consider all relevant information available, including the 318.27following factors in determining the immediate risk of harm: 318.28    (1) the recency of the disqualifying characteristic; 318.29    (2) the recency of discharge from probation for the crimes; 318.30    (3) the number of disqualifying characteristics; 318.31    (4) the intrusiveness or violence of the disqualifying characteristic; 318.32    (5) the vulnerability of the victim involved in the disqualifying characteristic; 318.33    (6) the similarity of the victim to the persons served by the program where the 318.34individual studied will have direct contact; 319.1    (7) whether the individual has a disqualification from a previous background study 319.2that has not been set aside; and 319.3    (8) if the individual has a disqualification which may not be set aside because it is 319.4a permanent bar under section 245C.24, subdivision 1, the commissioner may order the 319.5immediate removal of the individual from any position allowing direct contact with, or 319.6access to, persons receiving services from the program. 319.7    (c) This section does not apply when the subject of a background study is regulated 319.8by a health-related licensing board as defined in chapter 214, and the subject is determined 319.9to be responsible for substantiated maltreatment under section 626.556 or 626.557. 319.10    (d) This section does not apply to a background study related to an initial application 319.11for a child foster care license. 319.12 new text begin (e) This section does not apply to a background study that is also subject to the new text end 319.13 new text begin requirements under section 256B.0659, subdivisions 11 and 13, for a personal care new text end 319.14 new text begin assistant or a qualified professional as defined in section 256B.0659, subdivision 1. new text end 319.15    (e) new text begin (f) new text end If the commissioner has reason to believe, based on arrest information or an 319.16active maltreatment investigation, that an individual poses an imminent risk of harm to 319.17persons receiving services, the commissioner may order that the person be continuously 319.18supervised or immediately removed pending the conclusion of the maltreatment 319.19investigation or criminal proceedings. 319.20    Sec. 27. Minnesota Statutes 2010, section 245C.17, subdivision 2, is amended to read: 319.21    Subd. 2. Disqualification notice sent to subject. (a) If the information in the study 319.22indicates the individual is disqualified from direct contact with, or from access to, persons 319.23served by the program, the commissioner shall disclose to the individual studied: 319.24    (1) the information causing disqualification; 319.25    (2) instructions on how to request a reconsideration of the disqualification; 319.26    (3) an explanation of any restrictions on the commissioner's discretion to set aside 319.27the disqualification under section 245C.24, when applicable to the individual; 319.28 new text begin (4) a statement that, if the individual's disqualification is set aside under section new text end 319.29 new text begin 245C.22, the applicant, license holder, or other entity that initiated the background study new text end 319.30 new text begin will be provided with the reason for the individual's disqualification and an explanation new text end 319.31 new text begin that the factors under section 245C.22, subdivision 4, which were the basis of the decision new text end 319.32 new text begin to set aside the disqualification shall be made available to the license holder upon request new text end 319.33 new text begin without the consent of the subject of the background study; new text end 319.34    (4) new text begin (5) new text end a statement indicating that if the individual's disqualification is set aside or 319.35the facility is granted a variance under section 245C.30, the individual's identity and the 320.1reason for the individual's disqualification will become public data under section 245C.22, 320.2subdivision 7 , when applicable to the individual; and 320.3 new text begin (6) a statement that when a subsequent background study is initiated on the new text end 320.4 new text begin individual following a set-aside of the individual's disqualification, and the commissioner new text end 320.5 new text begin makes a determination under section 245C.22, subdivision 5, paragraph (b), that the new text end 320.6 new text begin previous set-aside applies to the subsequent background study, the applicant, license new text end 320.7 new text begin holder, or other entity that initiated the background study will be informed in the notice new text end 320.8 new text begin under section 245C.22, subdivision 5, paragraph (c): new text end 320.9 new text begin (i) of the reason for the individual's disqualification; new text end 320.10 new text begin (ii) that the individual's disqualification is set aside for that program or agency; and new text end 320.11 new text begin (iii) that information about the factors under section 245C.22, subdivision 4, that new text end 320.12 new text begin were the basis of the decision to set aside the disqualification are available to the license new text end 320.13 new text begin holder upon request without the consent of the background study subject; and new text end 320.14    (5) new text begin (7) new text end the commissioner's determination of the individual's immediate risk of harm 320.15under section 245C.16. 320.16    (b) If the commissioner determines under section 245C.16 that an individual poses 320.17an imminent risk of harm to persons served by the program where the individual will have 320.18direct contact with, or access to, people receiving services, the commissioner's notice must 320.19include an explanation of the basis of this determination. 320.20    (c) If the commissioner determines under section 245C.16 that an individual studied 320.21does not pose a risk of harm that requires immediate removal, the individual shall be 320.22informed of the conditions under which the agency that initiated the background study 320.23may allow the individual to have direct contact with, or access to, people receiving 320.24services, as provided under subdivision 3. 320.25    Sec. 28. Minnesota Statutes 2010, section 245C.22, subdivision 5, is amended to read: 320.26    Subd. 5. Scope of set-aside. new text begin (a) new text end If the commissioner sets aside a disqualification 320.27under this section, the disqualified individual remains disqualified, but may hold a license 320.28and have direct contact with or access to persons receiving services. new text begin Except as provided new text end 320.29 new text begin in paragraph (b), new text end the commissioner's set-aside of a disqualification is limited solely 320.30to the licensed program, applicant, or agency specified in the set aside notice under 320.31section 245C.23, unless otherwise specified in the notice. For personal care provider 320.32organizations, the commissioner's set-aside may further be limited to a specific individual 320.33who is receiving services. new text begin For new background studies required under section 245C.04, new text end 320.34 new text begin subdivision 1, paragraph (i), if an individual's disqualification was previously set aside for new text end 320.35 new text begin the license holder's program and the new background study results in no new information new text end 321.1 new text begin that indicates the individual may pose a risk of harm to persons receiving services from new text end 321.2 new text begin the license holder, the previous set-aside shall remain in effect. new text end 321.3 new text begin (b) If the commissioner has previously set aside an individual's disqualification new text end 321.4 new text begin for one or more programs or agencies, and the individual is the subject of a subsequent new text end 321.5 new text begin background study for a different program or agency, the commissioner shall determine new text end 321.6 new text begin whether the disqualification is set aside for the program or agency that initiated the new text end 321.7 new text begin subsequent background study. A notice of a set-aside under paragraph (c) shall be issued new text end 321.8 new text begin within 15 working days if all of the following criteria are met: new text end 321.9 new text begin (1) the subsequent background study was initiated in connection with a program new text end 321.10 new text begin licensed or regulated under the same provisions of law and rule for at least one program new text end 321.11 new text begin for which the individual's disqualification was previously set aside by the commissioner; new text end 321.12 new text begin (2) the individual is not disqualified for an offense specified in section 245C.15, new text end 321.13 new text begin subdivision 1 or 2; new text end 321.14 new text begin (3) the commissioner has received no new information to indicate that the individual new text end 321.15 new text begin may pose a risk of harm to any person served by the program; and new text end 321.16 new text begin (4) the previous set-aside was not limited to a specific person receiving services. new text end 321.17 new text begin (c) When a disqualification is set aside under paragraph (b), the notice of background new text end 321.18 new text begin study results issued under section 245C.17, in addition to the requirements under section new text end 321.19 new text begin 245C.17, shall state that the disqualification is set aside for the program or agency that new text end 321.20 new text begin initiated the subsequent background study. The notice must inform the individual that the new text end 321.21 new text begin individual may request reconsideration of the disqualification under section 245C.21 on new text end 321.22 new text begin the basis that the information used to disqualify the individual is incorrect. new text end 321.23    Sec. 29. Minnesota Statutes 2010, section 245C.23, subdivision 2, is amended to read: 321.24    Subd. 2. Commissioner's notice of disqualification that is not set aside. (a) The 321.25commissioner shall notify the license holder of the disqualification and order the license 321.26holder to immediately remove the individual from any position allowing direct contact 321.27with persons receiving services from the license holder if: 321.28    (1) the individual studied does not submit a timely request for reconsideration 321.29under section 245C.21; 321.30    (2) the individual submits a timely request for reconsideration, but the commissioner 321.31does not set aside the disqualification for that license holder under section 245C.22; 321.32    (3) an individual who has a right to request a hearing under sections 245C.27 and 321.33256.045 , or 245C.28 and chapter 14 for a disqualification that has not been set aside, does 321.34not request a hearing within the specified time; or 322.1    (4) an individual submitted a timely request for a hearing under sections 245C.27 322.2and 256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the 322.3disqualification under section 245A.08, subdivision 5, or 256.045. 322.4    (b) If the commissioner does not set aside the disqualification under section 245C.22, 322.5and the license holder was previously ordered under section 245C.17 to immediately 322.6remove the disqualified individual from direct contact with persons receiving services or 322.7to ensure that the individual is under continuous, direct supervision when providing direct 322.8contact services, the order remains in effect pending the outcome of a hearing under 322.9sections 245C.27 and 256.045, or 245C.28 and chapter 14. 322.10 new text begin (c) If the commissioner does not set aside the disqualification under section new text end 322.11 new text begin 245C.22, and the license holder was not previously ordered to immediately remove the new text end 322.12 new text begin individual from any position allowing direct contact with persons receiving services from new text end 322.13 new text begin the program or to ensure that the individual is under continuous, direct supervision when new text end 322.14 new text begin providing direct contact services, the commissioner shall order the license holder to ensure new text end 322.15 new text begin that the individual remains under continuous, direct supervision when providing direct new text end 322.16 new text begin contact services pending the outcome of a hearing under sections 245C.27 and 256.045, or new text end 322.17 new text begin 245C.28 and chapter 14. new text end 322.18    (c) new text begin (d) new text end For background studies related to child foster care, the commissioner shall 322.19also notify the county or private agency that initiated the study of the results of the 322.20reconsideration. 322.21(d) new text begin (e) new text end For background studies related to adult foster care and family adult day 322.22services, the commissioner shall also notify the county that initiated the study of the 322.23results of the reconsideration. 322.24    Sec. 30. Minnesota Statutes 2010, section 471.709, is amended to read: 322.25471.709 LICENSE; PERMIT. 322.26    Notwithstanding any law to the contrary, a municipality shall not require a massage 322.27therapist to obtain a license or permit when the therapist is working for or an employee of new text begin new text end 322.28 new text begin is hired or employed by, and exclusively provides treatment on the premises of, new text end a medical 322.29professional licensed under chapter 147 or 148 new text begin or a dental professional licensed under new text end 322.30 new text begin chapter 150A. A massage therapist is not limited to providing treatment to patients of the new text end 322.31 new text begin medical or dental professional new text end . 322.32    Sec. 31. new text begin REVISOR'S INSTRUCTION. new text end 323.1 new text begin The revisor shall renumber Minnesota Statutes, section 245B.05, subdivision 4, as new text end 323.2 new text begin Minnesota Statutes, section 245A.04, subdivision 2a. The revisor shall make necessary new text end 323.3 new text begin cross-reference changes to effectuate this renumbering. new text end 323.4ARTICLE 17 323.5PROGRAM INTEGRITY 323.6    Section 1. Minnesota Statutes 2010, section 245A.04, subdivision 1, is amended to 323.7read: 323.8    Subdivision 1. Application for licensure. (a) An individual, corporation, 323.9partnership, voluntary association, other organization or controlling individual that is 323.10subject to licensure under section 245A.03 must apply for a license. The application 323.11must be made on the forms and in the manner prescribed by the commissioner. The 323.12commissioner shall provide the applicant with instruction in completing the application 323.13and provide information about the rules and requirements of other state agencies that affect 323.14the applicant. An applicant seeking licensure in Minnesota with headquarters outside of 323.15Minnesota must have a program office located within the state. 323.16The commissioner shall act on the application within 90 working days after a 323.17complete application and any required reports have been received from other state 323.18agencies or departments, counties, municipalities, or other political subdivisions. The 323.19commissioner shall not consider an application to be complete until the commissioner 323.20receives all of the information required under section 245C.05. 323.21(b) An application for licensure must specify one or more controlling individuals as 323.22an agent who is responsible for dealing with the commissioner of human services on all 323.23matters provided for in this chapter and on whom service of all notices and orders must be 323.24made. The agent must be authorized to accept service on behalf of all of the controlling 323.25individuals of the program. Service on the agent is service on all of the controlling 323.26individuals of the program. It is not a defense to any action arising under this chapter that 323.27service was not made on each controlling individual of the program. The designation of 323.28one or more controlling individuals as agents under this paragraph does not affect the legal 323.29responsibility of any other controlling individual under this chapter. 323.30(c) An applicant or license holder must have a policy that prohibits license holders, 323.31employees, subcontractors, and volunteers, when directly responsible for persons served 323.32by the program, from abusing prescription medication or being in any manner under 323.33the influence of a chemical that impairs the individual's ability to provide services or 323.34care. The license holder must train employees, subcontractors, and volunteers about the 323.35program's drug and alcohol policy. 324.1(d) An applicant and license holder must have a program grievance procedure that 324.2permits persons served by the program and their authorized representatives to bring a 324.3grievance to the highest level of authority in the program. 324.4 new text begin (e) At the time of application for licensure or renewal of a license, the applicant new text end 324.5 new text begin or license holder must acknowledge on the form provided by the commissioner if the new text end 324.6 new text begin applicant or license holder elects to receive any public funding reimbursement from the new text end 324.7 new text begin commissioner for services provided under the license that: new text end 324.8 new text begin (1) the applicant's or license holder's compliance with the provider enrollment new text end 324.9 new text begin agreement or registration requirements for receipt of public funding may be monitored by new text end 324.10 new text begin the commissioner as part of a licensing investigation or licensing inspection; and new text end 324.11 new text begin (2) noncompliance with the provider enrollment agreement or registration new text end 324.12 new text begin requirements for receipt of public funding that is identified through a licensing new text end 324.13 new text begin investigation or licensing inspection, or noncompliance with a licensing requirement that new text end 324.14 new text begin is a basis of enrollment for reimbursement for a service, may result in: new text end 324.15 new text begin (i) a correction order or a conditional license under section 245A.06, or sanctions new text end 324.16 new text begin under section 245A.07; new text end 324.17 new text begin (ii) nonpayment of claims submitted by the license holder for public program new text end 324.18 new text begin reimbursement; new text end 324.19 new text begin (iii) recovery of payments made for the service; new text end 324.20 new text begin (iv) disenrollment in the public payment program; or new text end 324.21 new text begin (v) other administrative, civil, or criminal penalties as provided by law. new text end 324.22    Sec. 2. Minnesota Statutes 2010, section 245A.14, is amended by adding a subdivision 324.23to read: 324.24     new text begin Subd. 14. new text end new text begin Attendance records for publicly funded services. new text end new text begin (a) A child care new text end 324.25 new text begin center licensed under this chapter and according to Minnesota Rules, chapter 9503, must new text end 324.26 new text begin maintain documentation of actual attendance for each child receiving care for which the new text end 324.27 new text begin license holder is reimbursed by a governmental program. The records must be accessible new text end 324.28 new text begin to the commissioner during the program's hours of operation, they must be completed on new text end 324.29 new text begin the actual day of attendance, and they must include: new text end 324.30 new text begin (1) the first and last name of the child; new text end 324.31 new text begin (2) the time of day that the child was dropped off; and new text end 324.32 new text begin (3) the time of day that the child was picked up. new text end 324.33 new text begin (b) A family child care provider licensed under this chapter and according to new text end 324.34 new text begin Minnesota Rules, chapter 9502, must maintain documentation of actual attendance for new text end 324.35 new text begin each child receiving care for which the license holder is reimbursed by a governmental new text end 325.1 new text begin program. The records must be accessible to the commissioner during the program's new text end 325.2 new text begin hours of operation, they must be completed on the actual day of attendance, and they new text end 325.3 new text begin must include: new text end 325.4 new text begin (1) the first and last name of the child; new text end 325.5 new text begin (2) the time of day that the child was dropped off; and new text end 325.6 new text begin (3) the time of day that the child was picked up. new text end 325.7 new text begin (c) An adult day services program licensed under this chapter and according to new text end 325.8 new text begin Minnesota Rules, parts 9555.5105 to 9555.6265, must maintain documentation of actual new text end 325.9 new text begin attendance for each adult day service recipient for which the license holder is reimbursed new text end 325.10 new text begin by a governmental program. The records must be accessible to the commissioner during new text end 325.11 new text begin the program's hours of operation, they must be completed on the actual day of attendance, new text end 325.12 new text begin and they must include: new text end 325.13 new text begin (1) the first, middle, and last name of the recipient; new text end 325.14 new text begin (2) the time of day that the recipient was dropped off; and new text end 325.15 new text begin (3) the time of day that the recipient was picked up. new text end 325.16 new text begin (d) The commissioner shall not issue a correction for attendance record errors that new text end 325.17 new text begin occur before August 1, 2013. new text end 325.18    Sec. 3. new text begin [245A.167] PUBLIC FUNDS PROGRAM INTEGRITY MONITORING. new text end 325.19 new text begin (a) An applicant or a license holder that has enrolled to receive public funding new text end 325.20 new text begin reimbursement for services is required to comply with the registration or enrollment new text end 325.21 new text begin requirements as licensing standards. new text end 325.22 new text begin (b) Compliance with the licensing standards established under paragraph (a) may new text end 325.23 new text begin be monitored during a licensing investigation or inspection. Noncompliance with these new text end 325.24 new text begin licensure standards may result in: new text end 325.25 new text begin (i) a correction order or a conditional license under section 245A.06, or sanctions new text end 325.26 new text begin under section 245A.07; new text end 325.27 new text begin (ii) nonpayment of claims submitted by the license holder for public program new text end 325.28 new text begin reimbursement according to the statute applicable to that program; new text end 325.29 new text begin (iii) recovery of payments made for the service according to the statute applicable to new text end 325.30 new text begin that program; new text end 325.31 new text begin (iv) disenrollment in the public payment program according to the statute applicable new text end 325.32 new text begin to that program; or new text end 325.33 new text begin (v) a referral for other administrative, civil, or criminal penalties as provided by law. new text end 326.1    Sec. 4. Minnesota Statutes 2011 Supplement, section 256B.04, subdivision 21, is 326.2amended to read: 326.3    Subd. 21. Provider enrollment. (a) If the commissioner or the Centers for 326.4Medicare and Medicaid Services determines that a provider is designated "high-risk," the 326.5commissioner may withhold payment from providers within that category upon initial 326.6enrollment for a 90-day period. The withholding for each provider must begin on the date 326.7of the first submission of a claim. 326.8(b) new text begin An enrolled provider that is also licensed by the commissioner under chapter new text end 326.9 new text begin 245A must designate an individual as the entity's compliance officer. The compliance new text end 326.10 new text begin officer must: new text end 326.11 new text begin (1) develop policies and procedures to assure adherence to medical assistance laws new text end 326.12 new text begin and regulations and to prevent inappropriate claims submissions; new text end 326.13 new text begin (2) train the employees of the provider entity, and any agents or subcontractors of new text end 326.14 new text begin the provider entity including billers, on the policies and procedures under clause (1); new text end 326.15 new text begin (3) respond to allegations of improper conduct related to the provision or billing of new text end 326.16 new text begin medical assistance services, and implement action to remediate any resulting problems; new text end 326.17 new text begin (4) use evaluation techniques to monitor compliance with medical assistance laws new text end 326.18 new text begin and regulations; new text end 326.19 new text begin (5) promptly report to the commissioner any identified violations of medical new text end 326.20 new text begin assistance laws or regulations; and new text end 326.21     new text begin (6) within 60 days of discovery by the provider of a medical assistance new text end 326.22 new text begin reimbursement overpayment, report the overpayment to the commissioner and make new text end 326.23 new text begin arrangements with the commissioner for the commissioner's recovery of the overpayment. new text end 326.24The commissioner may require, as a condition of enrollment in medical assistance, that a 326.25provider within a particular industry sector or category establish a compliance program that 326.26contains the core elements established by the Centers for Medicare and Medicaid Services. 326.27(c) The commissioner may revoke the enrollment of an ordering or rendering 326.28provider for a period of not more than one year, if the provider fails to maintain and, upon 326.29request from the commissioner, provide access to documentation relating to written orders 326.30or requests for payment for durable medical equipment, certifications for home health 326.31services, or referrals for other items or services written or ordered by such provider, when 326.32the commissioner has identified a pattern of a lack of documentation. A pattern means a 326.33failure to maintain documentation or provide access to documentation on more than one 326.34occasion. new text begin Nothing in this paragraph limits the authority of the commissioner to sanction a new text end 326.35 new text begin provider under the provisions of section 256B.064. new text end 327.1(d) The commissioner shall terminate or deny the enrollment of any individual or 327.2entity if the individual or entity has been terminated from participation in Medicare or 327.3under the Medicaid program or Children's Health Insurance Program of any other state. 327.4(e) As a condition of enrollment in medical assistance, the commissioner shall 327.5require that a provider designated "moderate" or "high-risk" by the Centers for Medicare 327.6and Medicaid Services or the Minnesota Department of Human Services permit the 327.7Centers for Medicare and Medicaid Services, its agents, or its designated contractors and 327.8the state agency, its agents, or its designated contractors to conduct unannounced on-site 327.9inspections of any provider location. 327.10(f) As a condition of enrollment in medical assistance, the commissioner shall 327.11require that a high-risk provider, or a person with a direct or indirect ownership interest in 327.12the provider of five percent or higher, consent to criminal background checks, including 327.13fingerprinting, when required to do so under state law or by a determination by the 327.14commissioner or the Centers for Medicare and Medicaid Services that a provider is 327.15designated high-risk for fraud, waste, or abuse. 327.16ARTICLE 18 327.17STATEWIDE PROVIDER ENROLLMENT, PERFORMANCE STANDARDS, 327.18AND PAYMENT METHODOLOGY DEVELOPMENT 327.19    Section 1. Minnesota Statutes 2010, section 245A.03, subdivision 2, is amended to 327.20read: 327.21    Subd. 2. Exclusion from licensure. (a) This chapter does not apply to: 327.22    (1) residential or nonresidential programs that are provided to a person by an 327.23individual who is related unless the residential program is a child foster care placement 327.24made by a local social services agency or a licensed child-placing agency, except as 327.25provided in subdivision 2a; 327.26    (2) nonresidential programs that are provided by an unrelated individual to persons 327.27from a single related family; 327.28    (3) residential or nonresidential programs that are provided to adults who do 327.29not abuse chemicals or who do not have a chemical dependency, a mental illness, a 327.30developmental disability, a functional impairment, or a physical disability; 327.31    (4) sheltered workshops or work activity programs that are certified by the 327.32commissioner of employment and economic development; 327.33    (5) programs operated by a public school for children 33 months or older; 327.34    (6) nonresidential programs primarily for children that provide care or supervision 327.35for periods of less than three hours a day while the child's parent or legal guardian is in 328.1the same building as the nonresidential program or present within another building that is 328.2directly contiguous to the building in which the nonresidential program is located; 328.3    (7) nursing homes or hospitals licensed by the commissioner of health except as 328.4specified under section 245A.02; 328.5    (8) board and lodge facilities licensed by the commissioner of health that do not 328.6provide children's residential services under Minnesota Rules, chapter 2960, mental health 328.7or chemical dependency treatment; 328.8    (9) homes providing programs for persons placed by a county or a licensed agency 328.9for legal adoption, unless the adoption is not completed within two years; 328.10    (10) programs licensed by the commissioner of corrections; 328.11    (11) recreation programs for children or adults that are operated or approved by a 328.12park and recreation board whose primary purpose is to provide social and recreational 328.13activities; 328.14    (12) programs operated by a school as defined in section 120A.22, subdivision 4; 328.15YMCA as defined in section 315.44; YWCA as defined in section 315.44; or JCC as 328.16defined in section 315.51, whose primary purpose is to provide child care or services to 328.17school-age children; 328.18    (13) Head Start nonresidential programs which operate for less than 45 days in 328.19each calendar year; 328.20    (14) noncertified boarding care homes unless they provide services for five or more 328.21persons whose primary diagnosis is mental illness or a developmental disability; 328.22    (15) programs for children such as scouting, boys clubs, girls clubs, and sports and 328.23art programs, and nonresidential programs for children provided for a cumulative total of 328.24less than 30 days in any 12-month period; 328.25    (16) residential programs for persons with mental illness, that are located in hospitals; 328.26    (17) the religious instruction of school-age children; Sabbath or Sunday schools; or 328.27the congregate care of children by a church, congregation, or religious society during the 328.28period used by the church, congregation, or religious society for its regular worship; 328.29    (18) camps licensed by the commissioner of health under Minnesota Rules, chapter 328.304630; 328.31    (19) mental health outpatient services for adults with mental illness or children 328.32with emotional disturbance; 328.33    (20) residential programs serving school-age children whose sole purpose is cultural 328.34or educational exchange, until the commissioner adopts appropriate rules; 328.35    (21) unrelated individuals who provide out-of-home respite care services to persons 328.36with developmental disabilities from a single related family for no more than 90 days in a 329.112-month period and the respite care services are for the temporary relief of the person's 329.2family or legal representative; 329.3    (22) respite care services provided as a home and community-based service to a 329.4person with a developmental disability, in the person's primary residence; 329.5    (23) new text begin (21) new text end community support services programs as defined in section 245.462, 329.6subdivision 6 , and family community support services as defined in section 245.4871, 329.7subdivision 17 ; 329.8    (24) new text begin (22) new text end the placement of a child by a birth parent or legal guardian in a preadoptive 329.9home for purposes of adoption as authorized by section 259.47; 329.10    (25) new text begin (23) new text end settings registered under chapter 144D which provide home care services 329.11licensed by the commissioner of health to fewer than seven adults; 329.12    (26) new text begin (24) new text end chemical dependency or substance abuse treatment activities of licensed 329.13professionals in private practice as defined in Minnesota Rules, part 9530.6405, subpart 329.1415, when the treatment activities are not paid for by the consolidated chemical dependency 329.15treatment fund; 329.16(27) new text begin (25) new text end consumer-directed community support service funded under the Medicaid 329.17waiver for persons with developmental disabilities when the individual who provided 329.18the service is: 329.19    (i) the same individual who is the direct payee of these specific waiver funds or paid 329.20by a fiscal agent, fiscal intermediary, or employer of record; and 329.21    (ii) not otherwise under the control of a residential or nonresidential program that is 329.22required to be licensed under this chapter when providing the service; or 329.23    (28) new text begin (26) new text end a program serving only children who are age 33 months or older, that is 329.24operated by a nonpublic school, for no more than four hours per day per child, with no 329.25more than 20 children at any one time, and that is accredited by: 329.26    (i) an accrediting agency that is formally recognized by the commissioner of 329.27education as a nonpublic school accrediting organization; or 329.28    (ii) an accrediting agency that requires background studies and that receives and 329.29investigates complaints about the services provided. 329.30    A program that asserts its exemption from licensure under item (ii) shall, upon 329.31request from the commissioner, provide the commissioner with documentation from the 329.32accrediting agency that verifies: that the accreditation is current; that the accrediting 329.33agency investigates complaints about services; and that the accrediting agency's standards 329.34require background studies on all people providing direct contact services. 329.35    (b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a 329.36building in which a nonresidential program is located if it shares a common wall with the 330.1building in which the nonresidential program is located or is attached to that building by 330.2skyway, tunnel, atrium, or common roof. 330.3    (c) new text begin Except for the home and community-based services identified in section new text end 330.4 new text begin 245D.03, subdivision 1, new text end nothing in this chapter shall be construed to require licensure for 330.5any services provided and funded according to an approved federal waiver plan where 330.6licensure is specifically identified as not being a condition for the services and funding. 330.7    Sec. 2. Minnesota Statutes 2010, section 245A.041, is amended by adding a 330.8subdivision to read: 330.9     new text begin Subd. 3. new text end new text begin Record retention; license holder requirements. new text end new text begin (a) A license holder must new text end 330.10 new text begin maintain and store records in a manner that will allow for review by the commissioner as new text end 330.11 new text begin identified in section 245A.04, subdivision 5. The following records must be maintained as new text end 330.12 new text begin specified and in accordance with applicable state or federal law, regulation, or rule: new text end 330.13 new text begin (1) service recipient records, including verification of service delivery, must be new text end 330.14 new text begin maintained for a minimum of five years following discharge or termination of service; new text end 330.15 new text begin (2) personnel records must be maintained for a minimum of five years following new text end 330.16 new text begin termination of employment; and new text end 330.17 new text begin (3) program administration and financial records must be maintained for a minimum new text end 330.18 new text begin of five years from the date the program closes. new text end 330.19 new text begin (b) A license holder who ceases to provide services must maintain all records related new text end 330.20 new text begin to the licensed program for five years from the date the program closes. The license holder new text end 330.21 new text begin must notify the commissioner of the location where the licensing records will be stored new text end 330.22 new text begin and the name of the person responsible for maintaining the stored records. new text end 330.23 new text begin (c) If the ownership of a licensed program or service changes, the transferor, unless new text end 330.24 new text begin otherwise provided by law or written agreement with the transferee, is responsible for new text end 330.25 new text begin maintaining, preserving, and making available to the commissioner on demand the license new text end 330.26 new text begin records generated before the date of the transfer. new text end 330.27 new text begin (d) In the event of a contested case, the license holder must retain records as required new text end 330.28 new text begin in paragraph (a) or until the final agency decision is issued and the conclusion of any new text end 330.29 new text begin related appeal, whichever period is longer. new text end 330.30    Sec. 3. Minnesota Statutes 2010, section 245A.041, is amended by adding a 330.31subdivision to read: 330.32     new text begin Subd. 4. new text end new text begin Electronic records; license holder use. new text end new text begin A license holder's use of new text end 330.33 new text begin electronic record keeping or electronic signatures must meet the following requirements: new text end 331.1 new text begin (1) use of electronic record keeping or electronic signatures does not alter the license new text end 331.2 new text begin holder's obligations under state or federal law, regulation, or rule; new text end 331.3 new text begin (2) the license holder must ensure that the use of electronic record keeping does not new text end 331.4 new text begin limit the commissioner's access to records as specified under section 245A.04, subdivision new text end 331.5 new text begin 5; new text end 331.6 new text begin (3) upon request, the license holder must assist the commissioner in accessing and new text end 331.7 new text begin copying all records, including encrypted records and electronic signatures; and new text end 331.8 new text begin (4) the license holder must establish a mechanism or procedure to ensure that: new text end 331.9 new text begin (i) the act of creating the electronic record or signature is attributable to the license new text end 331.10 new text begin holder, according to section 325L.09; new text end 331.11 new text begin (ii) the electronic records and signatures are maintained in a form capable of being new text end 331.12 new text begin retained and accurately reproduced; new text end 331.13 new text begin (iii) the commissioner has access to information that establishes the date and time new text end 331.14 new text begin that data and signatures were entered into the electronic record; and new text end 331.15 new text begin (iv) the license holder's use of electronic record keeping or electronic signatures does new text end 331.16 new text begin not compromise the security of the records. new text end 331.17    Sec. 4. new text begin [245A.042] HOME AND COMMUNITY-BASED SERVICES; new text end 331.18 new text begin ADDITIONAL STANDARDS AND PROCEDURES. new text end 331.19     new text begin Subdivision 1. new text end new text begin Standards governing the provision of home and community-based new text end 331.20 new text begin services. new text end new text begin Residential and nonresidential programs for persons with disabilities or new text end 331.21 new text begin age 65 and older must obtain a license according to this chapter to provide home and new text end 331.22 new text begin community-based services defined in the federal waiver plans governed by United States new text end 331.23 new text begin Code, title 42, sections 1396 et seq., or the state's alternative care program according to new text end 331.24 new text begin section 256B.0913, and identified in section 245D.03, subdivision 1. As a condition new text end 331.25 new text begin of licensure, an applicant or license holder must demonstrate and maintain verification new text end 331.26 new text begin of compliance with: new text end 331.27 new text begin (1) licensing requirements under this chapter and chapter 245D; new text end 331.28 new text begin (2) applicable health care program requirements under Minnesota Rules, parts new text end 331.29 new text begin 9505.0170 to 9505.0475 and 9505.2160 to 9505.2245; and new text end 331.30 new text begin (3) provider standards and qualifications identified in the federal waiver plans or the new text end 331.31 new text begin alternative care program. new text end 331.32     new text begin Subd. 2. new text end new text begin Modified application procedures. new text end new text begin (a) Applicants seeking chapter 245D new text end 331.33 new text begin licensure who meet the following criteria are subject to modified application procedures: new text end 331.34     new text begin (1) the applicant holds a chapter 245B license issued on or before December 31, new text end 331.35 new text begin 2012, at the time of application; new text end 332.1     new text begin (2) the applicant's chapter 245B license or licenses are in substantial compliance new text end 332.2 new text begin according to the licensing standards in this chapter and chapter 245B; and new text end 332.3     new text begin (3) the commissioner has conducted at least one on-site inspection of the chapter new text end 332.4 new text begin 245B license or licenses within the two-year period before submitting the chapter 245D new text end 332.5 new text begin license application. new text end 332.6     new text begin For purposes of this subdivision, substantial compliance means the commissioner new text end 332.7 new text begin has not issued a sanction according to section 245A.07 against any chapter 245B license new text end 332.8 new text begin held by the applicant or made the chapter 245B license or licenses conditional according new text end 332.9 new text begin to section 245A.06 within the 12-month period before submitting the application for new text end 332.10 new text begin chapter 245D licensure. new text end 332.11     new text begin (b) The modified application procedures mean the commissioner must accept new text end 332.12 new text begin the applicant's attestation of compliance with certain requirements in lieu of providing new text end 332.13 new text begin information to the commissioner for evaluation that is otherwise required when seeking new text end 332.14 new text begin chapter 245D licensure. new text end 332.15     new text begin Subd. 3. new text end new text begin Implementation. new text end new text begin (a) Licensure of home and community-based services new text end 332.16 new text begin according to this section will be implemented upon authorization for the commissioner new text end 332.17 new text begin to collect fees according to section 245A.10, subdivisions 3 and 4, necessary to support new text end 332.18 new text begin licensing functions. License applications will be received on a phased in schedule as new text end 332.19 new text begin determined by the commissioner. Licenses will be issued on or after January 1, 2013, new text end 332.20 new text begin according to section 245A.04. new text end 332.21 new text begin (b) Implementation of compliance monitoring must be phased in after January new text end 332.22 new text begin 1, 2013. new text end 332.23 new text begin (1) Applicants who do not currently hold a license issued under this chapter must new text end 332.24 new text begin receive an initial compliance monitoring visit within 12 months of the effective date of new text end 332.25 new text begin the initial license for the purpose of providing technical assistance on how to achieve and new text end 332.26 new text begin maintain compliance with the applicable law or rules governing the provision of home and new text end 332.27 new text begin community-based services under chapter 245D. If during the review the commissioner new text end 332.28 new text begin finds that the license holder has failed to achieve compliance with an applicable law or new text end 332.29 new text begin rule and this failure does not imminently endanger the health, safety, or rights of the new text end 332.30 new text begin persons served by the program, the commissioner may issue a licensing review report with new text end 332.31 new text begin recommendations for achieving and maintaining compliance. new text end 332.32 new text begin (2) Applicants who do currently hold a license issued under this chapter must receive new text end 332.33 new text begin a compliance monitoring visit after 24 months of the effective date of the initial license. new text end 332.34 new text begin (c) Nothing in this subdivision shall be construed to limit the commissioner's new text end 332.35 new text begin authority to suspend or revoke a license or issue a fine at any time under section 245A.07, new text end 332.36 new text begin or make correction orders and make a license conditional for failure to comply with new text end 333.1 new text begin applicable laws or rules under section 245A.06, based on the nature, chronicity, or severity new text end 333.2 new text begin of the violation of law or rule and the effect of the violation on the health, safety, or new text end 333.3 new text begin rights of persons served by the program. new text end 333.4    Sec. 5. Minnesota Statutes 2010, section 245A.085, is amended to read: 333.5245A.085 CONSOLIDATION OF HEARINGS; RECONSIDERATION. 333.6Hearings authorized under this chapter, chapter 245C, and sections 256.045, new text begin new text end 333.7 new text begin 256B.04, new text end 626.556, and 626.557, shall be consolidated if feasible and in accordance with 333.8other applicable statutes and rules. Reconsideration under sections 245C.28; 626.556, 333.9subdivision 10i ; and 626.557, subdivision 9d, shall also be consolidated if feasible. 333.10    Sec. 6. Minnesota Statutes 2010, section 245B.02, is amended by adding a subdivision 333.11to read: 333.12     new text begin Subd. 8a. new text end new text begin Emergency. new text end new text begin "Emergency" means any fires, severe weather, natural new text end 333.13 new text begin disasters, power failures, or any event that affects the ordinary daily operation of the new text end 333.14 new text begin program, including, but not limited to, events that threaten the immediate health and new text end 333.15 new text begin safety of a person receiving services and that require calling 911, emergency evacuation, new text end 333.16 new text begin moving to an emergency shelter, or temporary closure or relocation of the program new text end 333.17 new text begin to another facility or service site. new text end 333.18    Sec. 7. Minnesota Statutes 2010, section 245B.02, subdivision 10, is amended to read: 333.19    Subd. 10. Incident. "Incident" means new text begin an occurrence that affects the ordinary new text end 333.20 new text begin provision of services to a person and includes new text end any of the following: 333.21(1) serious injury as determined by section 245.91, subdivision 6; 333.22(2) a consumer's death; 333.23(3) any medical emergencies new text begin emergency new text end , unexpected serious illnesses new text begin illness new text end , or 333.24accidents new text begin significant unexpected changes in an illness or medical condition, or the mental new text end 333.25 new text begin health status of a person new text end that require new text begin requires calling 911 or a mental health mobile crisis new text end 333.26 new text begin intervention team, new text end physician treatment new text begin , new text end or hospitalization; 333.27(4) a consumer's unauthorized new text begin or unexplained new text end absence; 333.28(5) any fires or other events that require the relocation of services for more than 24 333.29hours, or circumstances involving a law enforcement agency or fire department related to 333.30the health, safety, or supervision of a consumer; 333.31(6) new text begin (5) new text end physical aggression by a consumer against another consumer that causes 333.32physical pain, injury, or persistent emotional distress, including, but not limited to, hitting, 333.33slapping, kicking, scratching, pinching, biting, pushing, and spitting; 334.1(7) new text begin (6) new text end any sexual activity between consumers involving force or coercion as defined 334.2under section 609.341, subdivisions 3 and 14; or 334.3(8) new text begin (7) new text end a report of child or vulnerable adult maltreatment under section 626.556 or 334.4626.557 . 334.5    Sec. 8. Minnesota Statutes 2010, section 245B.04, subdivision 1, is amended to read: 334.6    Subdivision 1. License holder's responsibility for consumers' rights. The license 334.7holder must: 334.8(1) provide the consumer or the consumer's legal representative a copy of the 334.9consumer's rights on the day that services are initiated and an explanation of the rights 334.10in subdivisions 2 and 3 within five working days of service initiation new text begin and annually new text end 334.11 new text begin thereafter new text end . Reasonable accommodations shall be made by the license holder to provide 334.12this information in other formats as needed to facilitate understanding of the rights by the 334.13consumer and the consumer's legal representative, if any; 334.14(2) document the consumer's or the consumer's legal representative's receipt of a 334.15copy of the rights and an explanation of the rights; and 334.16(3) ensure the exercise and protection of the consumer's rights in the services 334.17provided by the license holder and authorized in the individual service plan. 334.18    Sec. 9. Minnesota Statutes 2010, section 245B.04, subdivision 2, is amended to read: 334.19    Subd. 2. Service-related rights. A consumer's service-related rights include the 334.20right to: 334.21(1) refuse or terminate services and be informed of the consequences of refusing 334.22or terminating services; 334.23(2) know, in advance, limits to the services available from the license holder; 334.24(3) know conditions and terms governing the provision of services, including those new text begin new text end 334.25 new text begin the license holder's policies and procedures new text end related to initiation and termination; 334.26(4) know what the charges are for services, regardless of who will be paying for the 334.27services, and be notified upon request of changes in those charges; 334.28(5) know, in advance, whether services are covered by insurance, government 334.29funding, or other sources, and be told of any charges the consumer or other private party 334.30may have to pay; and 334.31(6) receive licensed services from individuals who are competent and trained, 334.32who have professional certification or licensure, as required, and who meet additional 334.33qualifications identified in the individual service plan. 335.1    Sec. 10. Minnesota Statutes 2010, section 245B.04, subdivision 3, is amended to read: 335.2    Subd. 3. Protection-related rights. new text begin (a) new text end The consumer's protection-related rights 335.3include the right to: 335.4(1) have personal, financial, services, and medical information kept private, and 335.5be advised of the license holder's policies and procedures regarding disclosure of such 335.6information; 335.7(2) access records and recorded information new text begin about the person in accordance with new text end 335.8 new text begin applicable state and federal law, regulation, or rule new text end ; 335.9(3) be free from maltreatment; 335.10(4) be treated with courtesy and respect for the consumer's individuality, mode of 335.11communication, and culture, and receive respectful treatment of the consumer's property; 335.12 new text begin (5) reasonable observance of cultural and ethnic practice and religion; new text end 335.13 new text begin (6) be free from bias and harassment regarding race, gender, age, disability, new text end 335.14 new text begin spirituality, and sexual orientation; new text end 335.15 new text begin (7) be informed of and use the license holder's grievance policy and procedures, new text end 335.16 new text begin including knowing how to contact persons responsible for addressing problems and to new text end 335.17 new text begin appeal under section 256.045; new text end 335.18 new text begin (8) know the name, telephone number, and the Web site, e-mail, and street new text end 335.19 new text begin addresses of protection and advocacy services, including the appropriate state-appointed new text end 335.20 new text begin ombudsman, and a brief description of how to file a complaint with these offices; new text end 335.21(5) new text begin (9) new text end voice grievances, know the contact persons responsible for addressing 335.22problems and how to contact those persons; 335.23(6) new text begin (10) new text end any procedures for grievance or complaint resolution and the right to appeal 335.24under section 256.045; 335.25(7) new text begin (11) new text end know the name and address of the state, county, or advocacy agency to 335.26contact for additional information or assistance; 335.27(8) new text begin (12) new text end assert these rights personally, or have them asserted by the consumer's 335.28family or legal representative, without retaliation; 335.29(9) new text begin (13) new text end give or withhold written informed consent to participate in any research or 335.30experimental treatment; 335.31(10) new text begin (14) new text end have daily, private access to and use of a non-coin-operated telephone for 335.32local calls and long-distance calls made collect or paid for by the resident; 335.33(11) new text begin (15) new text end receive and send new text begin , without interference, new text end uncensored, unopened mail new text begin or new text end 335.34 new text begin electronic correspondence or communication new text end ; 335.35(12) new text begin (16) new text end marital privacy for visits with the consumer's spouse and, if both are 335.36residents of the site, the right to share a bedroom and bed; 336.1(13) new text begin (17) new text end associate with other persons of the consumer's choice; 336.2(14) new text begin (18) new text end personal privacy; and 336.3(15) new text begin (19) new text end engage in chosen activities. 336.4 new text begin (b) Restriction of a person's rights under paragraph (a), clauses (13) to (15), or new text end 336.5 new text begin this paragraph is allowed only if determined necessary to ensure the health, safety, and new text end 336.6 new text begin well-being of the person. Any restriction of these rights must be documented in the service new text end 336.7 new text begin plan for the person and must include the following information: new text end 336.8 new text begin (1) the justification for the restriction based on an assessment of the person's new text end 336.9 new text begin vulnerability related to exercising the right without restriction; new text end 336.10 new text begin (2) the objective measures set as conditions for ending the restriction; new text end 336.11 new text begin (3) a schedule for reviewing the need for the restriction based on the conditions for new text end 336.12 new text begin ending the restriction to occur, at a minimum, every three months for persons who do not new text end 336.13 new text begin have a legal representative and annually for persons who do have a legal representative new text end 336.14 new text begin from the date of initial approval; and new text end 336.15 new text begin (4) signed and dated approval for the restriction from the person, or the person's new text end 336.16 new text begin legal representative, if any. A restriction may be implemented only when the required new text end 336.17 new text begin approval has been obtained. Approval may be withdrawn at any time. If approval is new text end 336.18 new text begin withdrawn, the right must be immediately and fully restored. new text end 336.19    Sec. 11. Minnesota Statutes 2010, section 245B.05, subdivision 1, is amended to read: 336.20    Subdivision 1. Environment. The license holder must: 336.21(1) ensure that services are provided in a safe and hazard-free environment when the 336.22license holder is the owner, lessor, or tenant of the service site. All other license holders 336.23shall inform the consumer or the consumer's legal representative and case manager about 336.24any environmental safety concerns in writing; 336.25(2) lock doors new text begin ensure that doors are locked or toxic substances or dangerous items new text end 336.26 new text begin normally accessible to persons served by the program are stored in locked cabinets, new text end 336.27 new text begin drawers, or containers new text end only to protect the safety of consumers and not as a substitute for 336.28staff supervision or interactions with consumers new text begin . new text end new text begin If doors are locked or toxic substances new text end 336.29 new text begin or dangerous items normally accessible to persons served by the program are stored in new text end 336.30 new text begin locked cabinets, drawers, or containers, the license holder must justify and document new text end 336.31 new text begin how this determination was made in consultation with the person or the person's legal new text end 336.32 new text begin representative and how access will otherwise be provided to the person and all other new text end 336.33 new text begin affected persons receiving services new text end ; 336.34(3) follow procedures that minimize the consumer's health risk from communicable 336.35diseases; and 337.1(4) maintain equipment, vehicles, supplies, and materials owned or leased by the 337.2license holder in good condition. 337.3    Sec. 12. Minnesota Statutes 2010, section 245B.07, subdivision 5, is amended to read: 337.4    Subd. 5. Staff orientation. (a) Within 60 days of hiring staff who provide direct 337.5service, the license holder must provide 30 hours of staff orientation. Direct care staff 337.6must complete 15 of the 30 hours orientation before providing any unsupervised direct 337.7service to a consumer. If the staff person has received orientation training from a license 337.8holder licensed under this chapter, or provides semi-independent living services only, the 337.915-hour requirement may be reduced to eight hours. The total orientation of 30 hours may 337.10be reduced to 15 hours if the staff person has previously received orientation training from 337.11a license holder licensed under this chapter. 337.12(b) The 30 hours of orientation must combine supervised on-the-job training with 337.13coverage new text begin review new text end of new text begin and instruction on new text end the following material: 337.14(1) review of the consumer's service plans and risk management plan to achieve an 337.15understanding of the consumer as a unique individual new text begin and staff responsibilities related to new text end 337.16 new text begin implementation of those plans new text end ; 337.17(2) review and instruction on new text begin implementation of new text end the license holder's policies and 337.18procedures, including their location and access; 337.19(3) new text begin staff responsibilities related to new text end emergency procedures; 337.20(4) explanation of specific job functions, including implementing objectives from 337.21the consumer's individual service plan; 337.22(5) explanation of responsibilities related to section 245A.65; sections 626.556 337.23and 626.557, governing maltreatment reporting and service planning for children and 337.24vulnerable adults; and section 245.825, governing use of aversive and deprivation 337.25procedures; 337.26(6) medication administration as it applies to the individual consumer, from a 337.27training curriculum developed by a health services professional described in section 337.28245B.05, subdivision 5 , and when the consumer meets the criteria of having overriding 337.29health care needs, then medication administration taught by a health services professional. 337.30Staff may administer medications only after they demonstrate the ability, as defined in the 337.31license holder's medication administration policy and procedures. Once a consumer with 337.32overriding health care needs is admitted, staff will be provided with remedial training as 337.33deemed necessary by the license holder and the health professional to meet the needs of 337.34that consumer. 338.1For purposes of this section, overriding health care needs means a health care 338.2condition that affects the service options available to the consumer because the condition 338.3requires: 338.4(i) specialized or intensive medical or nursing supervision; and 338.5(ii) nonmedical service providers to adapt their services to accommodate the health 338.6and safety needs of the consumer; 338.7(7) consumer rights new text begin and staff responsibilities related to protecting and ensuring new text end 338.8 new text begin the exercise of the consumer rights new text end ; and 338.9(8) other topics necessary as determined by the consumer's individual service plan or 338.10other areas identified by the license holder. 338.11(c) The license holder must document each employee's orientation received. 338.12    Sec. 13. Minnesota Statutes 2010, section 245B.07, is amended by adding a 338.13subdivision to read: 338.14     new text begin Subd. 7a. new text end new text begin Subcontractors. new text end new text begin If the license holder uses a subcontractor to perform new text end 338.15 new text begin services licensed under this chapter on the license holder's behalf, the license holder must new text end 338.16 new text begin ensure that the subcontractor meets and maintains compliance with all requirements under new text end 338.17 new text begin this chapter that apply to the services to be provided. new text end 338.18    Sec. 14. Minnesota Statutes 2010, section 245B.07, subdivision 9, is amended to read: 338.19    Subd. 9. Availability of current written policies and procedures. The license 338.20holder shall: 338.21(1) review and update, as needed, the written policies and procedures in this chapter; 338.22(2) inform consumers or the consumer's legal representatives of the written policies 338.23and procedures in this chapter upon service initiation. Copies new text begin of policies and procedures new text end 338.24 new text begin affecting a consumer's rights under section 245D.04 must be provided upon service new text end 338.25 new text begin initiation. Copies of all other policies and procedures new text end must be available to consumers 338.26or the consumer's legal representatives, case managers, the county where services are 338.27located, and the commissioner upon request; 338.28(3) provide all consumers or the consumers' legal representatives and case managers 338.29a copy new text begin of the revised policies and procedures new text end and explanation of new text begin the new text end revisions to policies 338.30and procedures that affect consumers' service-related or protection-related rights under 338.31section 245B.04 new text begin and maltreatment reporting policies and procedures new text end . Unless there is 338.32reasonable cause, the license holder must provide this notice at least 30 days before 338.33implementing the revised policy and procedure. The license holder must document the 338.34reason for not providing the notice at least 30 days before implementing the revisions; 339.1(4) annually notify all consumers or the consumers' legal representatives and case 339.2managers of any revised policies and procedures under this chapter, other than those in 339.3clause (3). Upon request, the license holder must provide the consumer or consumer's 339.4legal representative and case manager copies of the revised policies and procedures; 339.5(5) before implementing revisions to policies and procedures under this chapter, 339.6inform all employees of the new text begin revisions and provide training on implementation of the new text end 339.7revised policies and procedures; and 339.8(6) document and maintain relevant information related to the policies and 339.9procedures in this chapter. 339.10    Sec. 15. Minnesota Statutes 2010, section 245B.07, subdivision 10, is amended to read: 339.11    Subd. 10. Consumer funds. (a) The license holder must ensure that consumers 339.12retain the use and availability of personal funds or property unless restrictions are justified 339.13in the consumer's individual service plan. 339.14(b) The license holder must ensure separation of consumer funds from funds of the 339.15license holder, the program, or program staff. 339.16(c) Whenever the license holder assists a consumer with the safekeeping of funds 339.17or other property, the license holder must have written authorization to do so by the 339.18consumer or the consumer's legal representative, and the case manager. In addition, the 339.19license holder must: 339.20(1) document receipt and disbursement of the consumer's funds or the property; 339.21(2) annually survey, document, and implement the preferences of the consumer, 339.22consumer's legal representative, and the case manager for frequency of receiving a 339.23statement that itemizes receipts and disbursements of consumer funds or other property; 339.24and 339.25(3) return to the consumer upon the consumer's request, funds and property in the 339.26license holder's possession subject to restrictions in the consumer's individual service plan, 339.27as soon as possible, but no later than three working days after the date of the request. 339.28(d) License holders and program staff must not: 339.29(1) borrow money from a consumer; 339.30(2) purchase personal items from a consumer; 339.31(3) sell merchandise or personal services to a consumer; 339.32(4) require a consumer to purchase items for which the license holder is eligible for 339.33reimbursement; or 339.34(5) use consumer funds in a manner that would violate section 256B.04, or any 339.35rules promulgated under that section. new text begin ; or new text end 340.1 new text begin (6) accept powers-of-attorney from a person receiving services from the license new text end 340.2 new text begin holder for any purpose, and may not accept an appointment as guardian or conservator of new text end 340.3 new text begin a person receiving services from the license holder. This does not apply to license holders new text end 340.4 new text begin that are Minnesota counties or other units of government. new text end 340.5    Sec. 16. new text begin [245D.01] CITATION. new text end 340.6 new text begin This chapter may be cited as the "Home and Community-Based Services Standards" new text end 340.7 new text begin or "HCBS Standards." new text end 340.8    Sec. 17. new text begin [245D.02] DEFINITIONS. new text end 340.9     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin The terms used in this chapter have the meanings given new text end 340.10 new text begin them in this section. new text end 340.11     new text begin Subd. 2. new text end new text begin Annual and annually. new text end new text begin "Annual" and "annually" have the meaning given new text end 340.12 new text begin in section 245A.02, subdivision 2b. new text end 340.13     new text begin Subd. 3. new text end new text begin Case manager. new text end new text begin "Case manager" means the individual designated new text end 340.14 new text begin to provide waiver case management services, care coordination, or long-term care new text end 340.15 new text begin consultation, as specified in sections 256B.0913, 256B.0915, 256B.092, and 256B.49, new text end 340.16 new text begin or successor provisions. new text end 340.17     new text begin Subd. 4. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of the new text end 340.18 new text begin Department of Human Services or the commissioner's designated representative. new text end 340.19     new text begin Subd. 5. new text end new text begin Department. new text end new text begin "Department" means the Department of Human Services. new text end 340.20     new text begin Subd. 6. new text end new text begin Direct contact. new text end new text begin "Direct contact" has the meaning given in section 245C.02, new text end 340.21 new text begin subdivision 11, and is used interchangeably with the term "direct service." new text end 340.22     new text begin Subd. 7. new text end new text begin Drug. new text end new text begin "Drug" has the meaning given in section 151.01, subdivision 5. new text end 340.23     new text begin Subd. 8. new text end new text begin Emergency. new text end new text begin "Emergency" means any event that affects the ordinary new text end 340.24 new text begin daily operation of the program including, but not limited to, fires, severe weather, natural new text end 340.25 new text begin disasters, power failures, or other events that threaten the immediate health and safety of new text end 340.26 new text begin a person receiving services and that require calling 911, emergency evacuation, moving new text end 340.27 new text begin to an emergency shelter, or temporary closure or relocation of the program to another new text end 340.28 new text begin facility or service site. new text end 340.29     new text begin Subd. 9. new text end new text begin Health services. new text end new text begin "Health services" means any service or treatment new text end 340.30 new text begin consistent with the physical and mental health needs of the person, such as medication new text end 340.31 new text begin administration and monitoring, medical, dental, nutritional, health monitoring, wellness new text end 340.32 new text begin education, and exercise. new text end 340.33     new text begin Subd. 10. new text end new text begin Home and community-based services. new text end new text begin "Home and community-based new text end 340.34 new text begin services" means the services subject to the provisions of this chapter and defined in the new text end 341.1 new text begin federal waiver plans governed by United States Code, title 42, sections 1396 et seq., or the new text end 341.2 new text begin state's alternative care program according to section 256B.0913, including the brain injury new text end 341.3 new text begin (BI) waiver, the community alternative care (CAC) waiver, the community alternatives new text end 341.4 new text begin for disabled individuals (CADI) waiver, the developmental disability (DD) waiver, the new text end 341.5 new text begin elderly waiver (EW), and the alternative care (AC) program. new text end 341.6     new text begin Subd. 11. new text end new text begin Incident. new text end new text begin "Incident" means an occurrence that affects the ordinary new text end 341.7 new text begin provision of services to a person and includes any of the following: new text end 341.8 new text begin (1) serious injury as determined by section 245.91, subdivision 6; new text end 341.9 new text begin (2) a person's death; new text end 341.10 new text begin (3) any medical emergency, unexpected serious illness, or significant unexpected new text end 341.11 new text begin change in an illness or medical condition, or the mental health status of a person that new text end 341.12 new text begin requires calling 911 or a mental health crisis intervention team, physician treatment, new text end 341.13 new text begin or hospitalization; new text end 341.14 new text begin (4) a person's unauthorized or unexplained absence from a program; new text end 341.15 new text begin (5) physical aggression by a person receiving services against another person new text end 341.16 new text begin receiving services that causes physical pain, injury, or persistent emotional distress, new text end 341.17 new text begin including, but not limited to, hitting, slapping, kicking, scratching, pinching, biting, new text end 341.18 new text begin pushing, and spitting; new text end 341.19 new text begin (6) any sexual activity between persons receiving services involving force or new text end 341.20 new text begin coercion as defined under section 609.341, subdivisions 3 and 14; or new text end 341.21 new text begin (7) a report of alleged or suspected child or vulnerable adult maltreatment under new text end 341.22 new text begin section 626.556 or 626.557. new text end 341.23     new text begin Subd. 12. new text end new text begin Legal representative. new text end new text begin "Legal representative" means the parent of a new text end 341.24 new text begin person who is under 18 years of age, a court-appointed guardian, or other representative new text end 341.25 new text begin with legal authority to make decisions about services for a person. new text end 341.26     new text begin Subd. 13. new text end new text begin License. new text end new text begin "License" has the meaning given in section 245A.02, new text end 341.27 new text begin subdivision 8. new text end 341.28     new text begin Subd. 14. new text end new text begin Licensed health professional. new text end new text begin "Licensed health professional" means a new text end 341.29 new text begin person licensed in Minnesota to practice those professions described in section 214.01, new text end 341.30 new text begin subdivision 2. new text end 341.31     new text begin Subd. 15. new text end new text begin License holder. new text end new text begin "License holder" has the meaning given in section new text end 341.32 new text begin 245A.02, subdivision 9. new text end 341.33     new text begin Subd. 16. new text end new text begin Medication. new text end new text begin "Medication" means a prescription drug or over-the-counter new text end 341.34 new text begin drug. For purposes of this chapter, "medication" includes dietary supplements. new text end 341.35     new text begin Subd. 17. new text end new text begin Medication administration. new text end new text begin "Medication administration" means new text end 341.36 new text begin performing the following set of tasks to ensure a person takes both prescription and new text end 342.1 new text begin over-the-counter medications and treatments according to orders issued by appropriately new text end 342.2 new text begin licensed professionals, and includes the following: new text end 342.3 new text begin (1) checking the person's medication record; new text end 342.4 new text begin (2) preparing the medication for administration; new text end 342.5 new text begin (3) administering the medication to the person; new text end 342.6 new text begin (4) documenting the administration of the medication or the reason for not new text end 342.7 new text begin administering the medication; and new text end 342.8 new text begin (5) reporting to the prescriber or a nurse any concerns about the medication, new text end 342.9 new text begin including side effects, adverse reactions, effectiveness, or the person's refusal to take the new text end 342.10 new text begin medication or the person's self-administration of the medication. new text end 342.11     new text begin Subd. 18. new text end new text begin Medication assistance. new text end new text begin "Medication assistance" means providing verbal new text end 342.12 new text begin or visual reminders to take regularly scheduled medication, which includes either of new text end 342.13 new text begin the following: new text end 342.14 new text begin (1) bringing to the person and opening a container of previously set up medications new text end 342.15 new text begin and emptying the container into the person's hand or opening and giving the medications new text end 342.16 new text begin in the original container to the person, or bringing to the person liquids or food to new text end 342.17 new text begin accompany the medication; or new text end 342.18 new text begin (2) providing verbal or visual reminders to perform regularly scheduled treatments new text end 342.19 new text begin and exercises. new text end 342.20     new text begin Subd. 19. new text end new text begin Medication management. new text end new text begin "Medication management" means the new text end 342.21 new text begin provision of any of the following: new text end 342.22 new text begin (1) medication-related services to a person; new text end 342.23 new text begin (2) medication setup; new text end 342.24 new text begin (3) medication administration; new text end 342.25 new text begin (4) medication storage and security; new text end 342.26 new text begin (5) medication documentation and charting; new text end 342.27 new text begin (6) verification and monitoring of effectiveness of systems to ensure safe medication new text end 342.28 new text begin handling and administration; new text end 342.29 new text begin (7) coordination of medication refills; new text end 342.30 new text begin (8) handling changes to prescriptions and implementation of those changes; new text end 342.31 new text begin (9) communicating with the pharmacy; or new text end 342.32 new text begin (10) coordination and communication with prescriber. new text end 342.33 new text begin For the purposes of this chapter, medication management does not mean "medication new text end 342.34 new text begin therapy management services" as identified in section 256B.0625, subdivision 13h. new text end 342.35     new text begin Subd. 20. new text end new text begin Mental health crisis intervention team. new text end new text begin "Mental health crisis new text end 342.36 new text begin intervention team" means mental health crisis response providers as identified in section new text end 343.1 new text begin 256B.0624, subdivision 2, paragraph (d), for adults, and in section 256B.0944, subdivision new text end 343.2 new text begin 1, paragraph (d), for children. new text end 343.3     new text begin Subd. 21. new text end new text begin Over-the-counter drug. new text end new text begin "Over-the-counter drug" means a drug that new text end 343.4 new text begin is not required by federal law to bear the statement "Caution: Federal law prohibits new text end 343.5 new text begin dispensing without prescription." new text end 343.6     new text begin Subd. 22. new text end new text begin Person. new text end new text begin "Person" has the meaning given in section 245A.02, subdivision new text end 343.7 new text begin 11. new text end 343.8     new text begin Subd. 23. new text end new text begin Person with a disability. new text end new text begin "Person with a disability" means a person new text end 343.9 new text begin determined to have a disability by the commissioner's state medical review team as new text end 343.10 new text begin identified in section 256B.055, subdivision 7, the Social Security Administration, or new text end 343.11 new text begin the person is determined to have a developmental disability as defined in Minnesota new text end 343.12 new text begin Rules, part 9525.0016, subpart 2, item B, or a related condition as defined in section new text end 343.13 new text begin 252.27, subdivision 1a. new text end 343.14     new text begin Subd. 24. new text end new text begin Prescriber. new text end new text begin "Prescriber" means a licensed practitioner as defined in new text end 343.15 new text begin section 151.01, subdivision 23, who is authorized under section 151.37 to prescribe new text end 343.16 new text begin drugs. For the purposes of this chapter, the term "prescriber" is used interchangeably new text end 343.17 new text begin with "physician." new text end 343.18     new text begin Subd. 25. new text end new text begin Prescription drug. new text end new text begin "Prescription drug" has the meaning given in section new text end 343.19 new text begin 151.01, subdivision 17. new text end 343.20     new text begin Subd. 26. new text end new text begin Program. new text end new text begin "Program" means either the nonresidential or residential new text end 343.21 new text begin program as defined in section 245A.02, subdivisions 10 and 14. new text end 343.22     new text begin Subd. 27. new text end new text begin Psychotropic medication. new text end new text begin "Psychotropic medication" means any new text end 343.23 new text begin medication prescribed to treat the symptoms of mental illness that affect thought processes, new text end 343.24 new text begin mood, sleep, or behavior. The major classes of psychotropic medication are antipsychotic new text end 343.25 new text begin (neuroleptic), antidepressant, antianxiety, mood stabilizers, anticonvulsants, and new text end 343.26 new text begin stimulants and nonstimulants for the treatment of attention deficit/hyperactivity disorder. new text end 343.27 new text begin Other miscellaneous medications are considered to be a psychotropic medication when new text end 343.28 new text begin they are specifically prescribed to treat a mental illness or to control or alter behavior. new text end 343.29     new text begin Subd. 28. new text end new text begin Restraint. new text end new text begin "Restraint" means physical or mechanical limiting of the free new text end 343.30 new text begin and normal movement of body or limbs. new text end 343.31     new text begin Subd. 29. new text end new text begin Seclusion. new text end new text begin "Seclusion" means separating a person from others in a way new text end 343.32 new text begin that prevents social contact and prevents the person from leaving the situation if he or she new text end 343.33 new text begin chooses. new text end 343.34     new text begin Subd. 30. new text end new text begin Service. new text end new text begin "Service" means care, training, supervision, counseling, new text end 343.35 new text begin consultation, or medication assistance assigned to the license holder in the service plan. new text end 344.1     new text begin Subd. 31. new text end new text begin Service plan. new text end new text begin "Service plan" means the individual service plan or new text end 344.2 new text begin individual care plan identified in sections 256B.0913, 256B.0915, 256B.092, and 256B.49, new text end 344.3 new text begin or successor provisions, and includes any support plans or service needs identified as new text end 344.4 new text begin a result of long-term care consultation, or a support team meeting that includes the new text end 344.5 new text begin participation of the person, the person's legal representative, and case manager, or assigned new text end 344.6 new text begin to a license holder through an authorized service agreement. new text end 344.7     new text begin Subd. 32. new text end new text begin Service site. new text end new text begin "Service site" means the location where the service is new text end 344.8 new text begin provided to the person, including but not limited to, a facility licensed according to chapter new text end 344.9 new text begin 245A; a location where the license holder is the owner, lessor, or tenant; a person's own new text end 344.10 new text begin home; or a community-based location. new text end 344.11     new text begin Subd. 33. new text end new text begin Staff. new text end new text begin "Staff" means an employee who will have direct contact with a new text end 344.12 new text begin person served by the facility, agency, or program. new text end 344.13     new text begin Subd. 34. new text end new text begin Support team. new text end new text begin "Support team" means the service planning team new text end 344.14 new text begin identified in section 256B.49, subdivision 15, or the interdisciplinary team identified in new text end 344.15 new text begin Minnesota Rules, part 9525.0004, subpart 14. new text end 344.16     new text begin Subd. 35. new text end new text begin Unit of government. new text end new text begin "Unit of government" means every city, county, new text end 344.17 new text begin town, school district, other political subdivisions of the state, and any agency of the state new text end 344.18 new text begin or the United States, and includes any instrumentality of a unit of government. new text end 344.19     new text begin Subd. 36. new text end new text begin Volunteer. new text end new text begin "Volunteer" means an individual who, under the direction of new text end 344.20 new text begin the license holder, provides direct services without pay to a person served by the license new text end 344.21 new text begin holder. new text end 344.22    Sec. 18. new text begin [245D.03] APPLICABILITY AND EFFECT. new text end 344.23     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin The commissioner shall regulate the provision of new text end 344.24 new text begin home and community-based services to persons with disabilities and persons age 65 and new text end 344.25 new text begin older pursuant to this chapter. The licensing standards in this chapter govern the provision new text end 344.26 new text begin of the following services: new text end 344.27 new text begin (1) housing access coordination as defined under the current BI, CADI, and DD new text end 344.28 new text begin waiver plans or successor plans; new text end 344.29 new text begin (2) respite services as defined under the current CADI, BI, CAC, DD, and EW new text end 344.30 new text begin waiver plans or successor plans when the provider is an individual who is not an employee new text end 344.31 new text begin of a residential or nonresidential program licensed by the Department of Human Services new text end 344.32 new text begin or the Department of Health that is otherwise providing the respite service; new text end 344.33 new text begin (3) behavioral programming as defined under the current BI and CADI waiver new text end 344.34 new text begin plans or successor plans; new text end 345.1 new text begin (4) specialist services as defined under the current DD waiver plan or successor new text end 345.2 new text begin plans; new text end 345.3 new text begin (5) companion services as defined under the current BI, CADI, and EW waiver new text end 345.4 new text begin plans or successor plans, excluding companion services provided under the Corporation new text end 345.5 new text begin for National and Community Services Senior Companion Program established under the new text end 345.6 new text begin Domestic Volunteer Service Act of 1973, Public Law 98-288; new text end 345.7 new text begin (6) personal support as defined under the current DD waiver plan or successor plans; new text end 345.8 new text begin (7) 24-hour emergency assistance, on-call and personal emergency response as new text end 345.9 new text begin defined under the current CADI and DD waiver plans or successor plans; new text end 345.10 new text begin (8) night supervision services as defined under the current BI waiver plan or new text end 345.11 new text begin successor plans; new text end 345.12 new text begin (9) homemaker services as defined under the current CADI, BI, CAC, DD, and EW new text end 345.13 new text begin waiver plans or successor plans, excluding providers licensed by the Department of Health new text end 345.14 new text begin under chapter 144A and those providers providing cleaning services only; new text end 345.15 new text begin (10) independent living skills training as defined under the current BI and CADI new text end 345.16 new text begin waiver plans or successor plans; new text end 345.17 new text begin (11) prevocational services as defined under the current BI and CADI waiver plans new text end 345.18 new text begin or successor plans; new text end 345.19 new text begin (12) structured day services as defined under the current BI waiver plan or successor new text end 345.20 new text begin plans; or new text end 345.21 new text begin (13) supported employment as defined under the current BI and CADI waiver plans new text end 345.22 new text begin or successor plans. new text end 345.23     new text begin Subd. 2. new text end new text begin Relationship to other standards governing home and community-based new text end 345.24 new text begin services. new text end new text begin (a) A license holder governed by this chapter is also subject to the licensure new text end 345.25 new text begin requirements under chapter 245A. new text end 345.26 new text begin (b) A license holder concurrently providing child foster care services licensed new text end 345.27 new text begin according to Minnesota Rules, chapter 2960, to the same person receiving a service new text end 345.28 new text begin licensed under this chapter is exempt from section 245D.04, as it applies to the person. new text end 345.29 new text begin (c) A license holder concurrently providing home care services registered according new text end 345.30 new text begin to sections 144A.43 to 144A.49 to the same person receiving home management services new text end 345.31 new text begin licensed under this chapter is exempt from section 245D.04, as it applies to the person. new text end 345.32 new text begin (d) A license holder identified in subdivision 1, clauses (1), (5), and (9), is exempt new text end 345.33 new text begin from compliance with sections 245A.65, subdivision 2, paragraph (a), and 626.557, new text end 345.34 new text begin subdivision 14, paragraph (b). new text end 345.35 new text begin (e) Notwithstanding section 245D.06, subdivision 5, a license holder providing new text end 345.36 new text begin structured day, prevocational, or supported employment services under this chapter and new text end 346.1 new text begin day training and habilitation or supported employment services licensed under chapter new text end 346.2 new text begin 245B within the same program is exempt from compliance with this chapter, when new text end 346.3 new text begin the license holder notifies the commissioner in writing that the requirements under new text end 346.4 new text begin chapter 245B will be met for all persons receiving these services from the program. For new text end 346.5 new text begin the purposes of this paragraph, if the license holder has obtained approval from the new text end 346.6 new text begin commissioner for an alternative inspection status according to section 245B.031, that new text end 346.7 new text begin approval will apply to all persons receiving services in the program. new text end 346.8     new text begin Subd. 3. new text end new text begin Variance. new text end new text begin If the conditions in section 245A.04, subdivision 9, are met, new text end 346.9 new text begin the commissioner may grant a variance to any of the requirements in this chapter, except new text end 346.10 new text begin sections 245D.04, and 245D.10, subdivision 4, paragraph (b), or provisions governing new text end 346.11 new text begin data practices and information rights of persons. new text end 346.12     new text begin Subd. 4. new text end new text begin License holders with multiple 245D licenses. new text end new text begin (a) When a person changes new text end 346.13 new text begin service from one license to a different license held by the same license holder, the license new text end 346.14 new text begin holder is exempt from the requirements in section 245D.10, subdivision 4, paragraph (b). new text end 346.15 new text begin (b) When a staff person begins providing direct service under one or more licenses new text end 346.16 new text begin held by the same license holder, other than the license for which staff orientation was new text end 346.17 new text begin initially provided according to section 245D.09, subdivision 4, the license holder is new text end 346.18 new text begin exempt from those staff orientation requirements; except the staff person must review each new text end 346.19 new text begin person's service plan and medication administration procedures in accordance with section new text end 346.20 new text begin 245D.09, subdivision 4, paragraph (c), if not previously reviewed by the staff person. new text end 346.21    Sec. 19. new text begin [245D.04] SERVICE RECIPIENT RIGHTS. new text end 346.22     new text begin Subdivision 1. new text end new text begin License holder responsibility for individual rights of persons new text end 346.23 new text begin served by the program. new text end new text begin The license holder must: new text end 346.24 new text begin (1) provide each person or each person's legal representative with a written notice new text end 346.25 new text begin that identifies the service recipient rights in subdivisions 2 and 3, and an explanation of new text end 346.26 new text begin those rights within five working days of service initiation and annually thereafter; new text end 346.27 new text begin (2) make reasonable accommodations to provide this information in other formats new text end 346.28 new text begin or languages as needed to facilitate understanding of the rights by the person and the new text end 346.29 new text begin person's legal representative, if any; new text end 346.30 new text begin (3) maintain documentation of the person's or the person's legal representative's new text end 346.31 new text begin receipt of a copy and an explanation of the rights; and new text end 346.32 new text begin (4) ensure the exercise and protection of the person's rights in the services provided new text end 346.33 new text begin by the license holder and as authorized in the service plan. new text end 346.34     new text begin Subd. 2. new text end new text begin Service-related rights. new text end new text begin A person's service-related rights include the right new text end 346.35 new text begin to: new text end 347.1 new text begin (1) participate in the development and evaluation of the services provided to the new text end 347.2 new text begin person; new text end 347.3 new text begin (2) have services identified in the service plan provided in a manner that respects new text end 347.4 new text begin and takes into consideration the person's preferences; new text end 347.5 new text begin (3) refuse or terminate services and be informed of the consequences of refusing new text end 347.6 new text begin or terminating services; new text end 347.7 new text begin (4) know, in advance, limits to the services available from the license holder; new text end 347.8 new text begin (5) know conditions and terms governing the provision of services, including the new text end 347.9 new text begin license holder's policies and procedures related to temporary service suspension and new text end 347.10 new text begin service termination; new text end 347.11 new text begin (6) know what the charges are for services, regardless of who will be paying for the new text end 347.12 new text begin services, and be notified of changes in those charges; new text end 347.13 new text begin (7) know, in advance, whether services are covered by insurance, government new text end 347.14 new text begin funding, or other sources, and be told of any charges the person or other private party new text end 347.15 new text begin may have to pay; and new text end 347.16 new text begin (8) receive services from an individual who is competent and trained, who has new text end 347.17 new text begin professional certification or licensure, as required, and who meets additional qualifications new text end 347.18 new text begin identified in the person's service plan. new text end 347.19     new text begin Subd. 3. new text end new text begin Protection-related rights. new text end new text begin (a) A person's protection-related rights include new text end 347.20 new text begin the right to: new text end 347.21 new text begin (1) have personal, financial, service, health, and medical information kept private, new text end 347.22 new text begin and be advised of disclosure of this information by the license holder; new text end 347.23 new text begin (2) access records and recorded information about the person in accordance with new text end 347.24 new text begin applicable state and federal law, regulation, or rule; new text end 347.25 new text begin (3) be free from maltreatment; new text end 347.26 new text begin (4) be free from restraint or seclusion used for a purpose other than to protect the new text end 347.27 new text begin person from imminent danger to self or others; new text end 347.28 new text begin (5) receive services in a clean and safe environment when the license holder is the new text end 347.29 new text begin owner, lessor, or tenant of the service site; new text end 347.30 new text begin (6) be treated with courtesy and respect and receive respectful treatment of the new text end 347.31 new text begin person's property; new text end 347.32 new text begin (7) reasonable observance of cultural and ethnic practice and religion; new text end 347.33 new text begin (8) be free from bias and harassment regarding race, gender, age, disability, new text end 347.34 new text begin spirituality, and sexual orientation; new text end 348.1 new text begin (9) be informed of and use the license holder's grievance policy and procedures, new text end 348.2 new text begin including knowing how to contact persons responsible for addressing problems and to new text end 348.3 new text begin appeal under section 256.045; new text end 348.4 new text begin (10) know the name, telephone number, and the Web site, e-mail, and street new text end 348.5 new text begin addresses of protection and advocacy services, including the appropriate state-appointed new text end 348.6 new text begin ombudsman, and a brief description of how to file a complaint with these offices; new text end 348.7 new text begin (11) assert these rights personally, or have them asserted by the person's family, new text end 348.8 new text begin authorized representative, or legal representative, without retaliation; new text end 348.9 new text begin (12) give or withhold written informed consent to participate in any research or new text end 348.10 new text begin experimental treatment; new text end 348.11 new text begin (13) associate with other persons of the person's choice; new text end 348.12 new text begin (14) personal privacy; and new text end 348.13 new text begin (15) engage in chosen activities. new text end 348.14 new text begin (b) For a person residing in a residential site licensed according to chapter 245A, new text end 348.15 new text begin or where the license holder is the owner, lessor, or tenant of the residential service site, new text end 348.16 new text begin protection-related rights also include the right to: new text end 348.17 new text begin (1) have daily, private access to and use of a non-coin-operated telephone for local new text end 348.18 new text begin calls and long-distance calls made collect or paid for by the person; new text end 348.19 new text begin (2) receive and send, without interference, uncensored, unopened mail or electronic new text end 348.20 new text begin correspondence or communication; and new text end 348.21 new text begin (3) privacy for visits with the person's spouse, next of kin, legal counsel, religious new text end 348.22 new text begin advisor, or others, in accordance with section 363A.09 of the Human Rights Act, including new text end 348.23 new text begin privacy in the person's bedroom. new text end 348.24 new text begin (c) Restriction of a person's rights under paragraph (a), clauses (13) to (15), or new text end 348.25 new text begin paragraph (b) is allowed only if determined necessary to ensure the health, safety, and new text end 348.26 new text begin well-being of the person. Any restriction of those rights must be documented in the service new text end 348.27 new text begin plan for the person and must include the following information: new text end 348.28 new text begin (1) the justification for the restriction based on an assessment of the person's new text end 348.29 new text begin vulnerability related to exercising the right without restriction; new text end 348.30 new text begin (2) the objective measures set as conditions for ending the restriction; new text end 348.31 new text begin (3) a schedule for reviewing the need for the restriction based on the conditions for new text end 348.32 new text begin ending the restriction to occur, at a minimum, every three months for persons who do not new text end 348.33 new text begin have a legal representative and annually for persons who do have a legal representative new text end 348.34 new text begin from the date of initial approval; and new text end 348.35 new text begin (4) signed and dated approval for the restriction from the person, or the person's new text end 348.36 new text begin legal representative, if any. A restriction may be implemented only when the required new text end 349.1 new text begin approval has been obtained. Approval may be withdrawn at any time. If approval is new text end 349.2 new text begin withdrawn, the right must be immediately and fully restored. new text end 349.3    Sec. 20. new text begin [245D.05] HEALTH SERVICES. new text end 349.4     new text begin Subdivision 1. new text end new text begin Health needs. new text end new text begin (a) The license holder is responsible for providing new text end 349.5 new text begin health services assigned in the service plan and consistent with the person's health needs. new text end 349.6 new text begin The license holder is responsible for promptly notifying the person or the person's legal new text end 349.7 new text begin representative and the case manager of changes in a person's physical and mental health new text end 349.8 new text begin needs affecting assigned health services, when discovered by the license holder, unless new text end 349.9 new text begin the license holder has reason to know the change has already been reported. The license new text end 349.10 new text begin holder must document when the notice is provided. new text end 349.11 new text begin (b) When assigned in the service plan, the license holder is required to maintain new text end 349.12 new text begin documentation on how the person's health needs will be met, including a description of new text end 349.13 new text begin the procedures the license holder will follow in order to: new text end 349.14 new text begin (1) provide medication administration, medication assistance, or medication new text end 349.15 new text begin management according to this chapter; new text end 349.16 new text begin (2) monitor health conditions according to written instructions from the person's new text end 349.17 new text begin physician or a licensed health professional; new text end 349.18 new text begin (3) assist with or coordinate medical, dental, and other health service appointments; new text end 349.19 new text begin or new text end 349.20 new text begin (4) use medical equipment, devices, or adaptive aides or technology safely and new text end 349.21 new text begin correctly according to written instructions from the person's physician or a licensed new text end 349.22 new text begin health professional. new text end 349.23     new text begin Subd. 2. new text end new text begin Medication administration. new text end new text begin (a) The license holder must ensure that the new text end 349.24 new text begin following criteria have been met before staff that is not a licensed health professional new text end 349.25 new text begin administers medication or treatment: new text end 349.26 new text begin (1) new text end new text begin written authorization has been obtained from the person or the person's legal new text end 349.27 new text begin representative to administer medication or treatment orders; new text end 349.28 new text begin (2) the staff person has completed medication administration training according to new text end 349.29 new text begin section 245D.09, subdivision 4, paragraph (c), clause (2); and new text end 349.30 new text begin (3) the medication or treatment will be administered under administration procedures new text end 349.31 new text begin established for the person in consultation with a licensed health professional. Written new text end 349.32 new text begin instruction from the person's physician may constitute the medication administration new text end 349.33 new text begin procedures. A prescription label or the prescriber's order for the prescription is sufficient new text end 349.34 new text begin to constitute written instructions from the prescriber. A licensed health professional may new text end 349.35 new text begin delegate medication administration procedures. new text end 350.1 new text begin (b) The license holder must ensure the following information is documented in the new text end 350.2 new text begin person's medication administration record: new text end 350.3 new text begin (1) the information on the prescription label or the prescriber's order that includes new text end 350.4 new text begin directions for safely and correctly administering the medication to ensure effectiveness; new text end 350.5 new text begin (2) information on any discomforts, risks, or other side effects that are reasonable to new text end 350.6 new text begin expect, and any contraindications to its use; new text end 350.7 new text begin (3) the possible consequences if the medication or treatment is not taken or new text end 350.8 new text begin administered as directed; new text end 350.9 new text begin (4) instruction from the prescriber on when and to whom to report the following: new text end 350.10 new text begin (i) if the medication or treatment is not administered as prescribed, whether by error new text end 350.11 new text begin by the staff or the person or by refusal by the person; and new text end 350.12 new text begin (ii) the occurrence of possible adverse reactions to the medication or treatment; new text end 350.13 new text begin (5) notation of any occurrence of medication not being administered as prescribed or new text end 350.14 new text begin of adverse reactions, and when and to whom the report was made; and new text end 350.15 new text begin (6) notation of when a medication or treatment is started, changed, or discontinued. new text end 350.16 new text begin (c) The license holder must ensure that the information maintained in the medication new text end 350.17 new text begin administration record is current and is regularly reviewed with the person or the person's new text end 350.18 new text begin legal representative and the staff administering the medication to identify medication new text end 350.19 new text begin administration issues or errors. At a minimum, the review must be conducted every three new text end 350.20 new text begin months or more often if requested by the person or the person's legal representative. new text end 350.21 new text begin Based on the review, the license holder must develop and implement a plan to correct new text end 350.22 new text begin medication administration issues or errors. If issues or concerns are identified related to new text end 350.23 new text begin the medication itself, the license holder must report those as required under subdivision 4. new text end 350.24     new text begin Subd. 3. new text end new text begin Medication assistance. new text end new text begin The license holder must ensure that the new text end 350.25 new text begin requirements of subdivision 2, paragraph (a), have been met when staff provides assistance new text end 350.26 new text begin to enable a person to self-administer medication when the person is capable of directing new text end 350.27 new text begin the person's own care, or when the person's legal representative is present and able to new text end 350.28 new text begin direct care for the person. new text end 350.29     new text begin Subd. 4. new text end new text begin Reporting medication and treatment issues. new text end new text begin The following medication new text end 350.30 new text begin administration issues must be reported to the person or the person's legal representative new text end 350.31 new text begin and case manager as they occur or following timelines established in the person's service new text end 350.32 new text begin plan or as requested in writing by the person or the person's legal representative, or the new text end 350.33 new text begin case manager: new text end 350.34 new text begin (1) any reports made to the person's physician or prescriber required under new text end 350.35 new text begin subdivision 2, paragraph (b), clause (4); new text end 350.36 new text begin (2) a person's refusal or failure to take medication or treatment as prescribed; or new text end 351.1 new text begin (3) concerns about a person's self-administration of medication. new text end 351.2     new text begin Subd. 5. new text end new text begin Injectable medications. new text end new text begin Injectable medications may be administered new text end 351.3 new text begin according to a prescriber's order and written instructions when one of the following new text end 351.4 new text begin conditions has been met: new text end 351.5 new text begin (1) a registered nurse or licensed practical nurse will administer the subcutaneous or new text end 351.6 new text begin intramuscular injection; new text end 351.7 new text begin (2) a supervising registered nurse with a physician's order has delegated the new text end 351.8 new text begin administration of subcutaneous injectable medication to an unlicensed staff member new text end 351.9 new text begin and has provided the necessary training; or new text end 351.10 new text begin (3) there is an agreement signed by the license holder, the prescriber, and the person new text end 351.11 new text begin or the person's legal representative, specifying what subcutaneous injections may be new text end 351.12 new text begin given, when, how, and that the prescriber must retain responsibility for the license new text end 351.13 new text begin holder's giving the injections. A copy of the agreement must be placed in the person's new text end 351.14 new text begin service recipient record. new text end 351.15 new text begin Only licensed health professionals are allowed to administer psychotropic new text end 351.16 new text begin medications by injection. new text end 351.17    Sec. 21. new text begin [245D.06] PROTECTION STANDARDS. new text end 351.18     new text begin Subdivision 1. new text end new text begin Incident response and reporting. new text end new text begin (a) The license holder must new text end 351.19 new text begin respond to all incidents under section 245D.02, subdivision 11, that occur while providing new text end 351.20 new text begin services to protect the health and safety of and minimize risk of harm to the person. new text end 351.21 new text begin (b) The license holder must maintain information about and report incidents to the new text end 351.22 new text begin person's legal representative or designated emergency contact and case manager within 24 new text end 351.23 new text begin hours of an incident occurring while services are being provided, or within 24 hours of new text end 351.24 new text begin discovery or receipt of information that an incident occurred, unless the license holder has new text end 351.25 new text begin reason to know that the incident has already been reported. An incident of suspected or new text end 351.26 new text begin alleged maltreatment must be reported as required under paragraph (d), and an incident of new text end 351.27 new text begin serious injury or death must be reported as required under paragraph (e). new text end 351.28 new text begin (c) When the incident involves more than one person, the license holder must not new text end 351.29 new text begin disclose personally identifiable information about any other person when making the report new text end 351.30 new text begin to each person and case manager unless the license holder has the consent of the person. new text end 351.31 new text begin (d) Within 24 hours of reporting maltreatment as required under section 626.556 new text end 351.32 new text begin or 626.557, the license holder must inform the case manager of the report unless there is new text end 351.33 new text begin reason to believe that the case manager is involved in the suspected maltreatment. The new text end 351.34 new text begin license holder must disclose the nature of the activity or occurrence reported and the new text end 351.35 new text begin agency that received the report. new text end 352.1 new text begin (e) Within 24 hours of the occurrence, or within 24 hours of receipt of the new text end 352.2 new text begin information, the license holder must report the death or serious injury of the person to new text end 352.3 new text begin the legal representative, if any, and case manager, the Department of Human Services new text end 352.4 new text begin Licensing Division, and the Office of Ombudsman for Mental Health and Developmental new text end 352.5 new text begin Disabilities as required under section 245.94, subdivision 2a, within 24 hours of the death, new text end 352.6 new text begin discovery of the death, or receipt of information that the death occurred unless the license new text end 352.7 new text begin holder has reason to know that the death has already been reported. new text end 352.8 new text begin (f) The license holder must conduct a review of incident reports, for identification new text end 352.9 new text begin of incident patterns, and implementation of corrective action as necessary to reduce new text end 352.10 new text begin occurrences. new text end 352.11     new text begin Subd. 2. new text end new text begin Environment and safety. new text end new text begin The license holder must: new text end 352.12 new text begin (1) ensure the following when the license holder is the owner, lessor, or tenant new text end 352.13 new text begin of the service site: new text end 352.14 new text begin (i) the service site is a safe and hazard-free environment; new text end 352.15 new text begin (ii) doors are locked or toxic substances or dangerous items normally accessible new text end 352.16 new text begin to persons served by the program are stored in locked cabinets, drawers, or containers new text end 352.17 new text begin only to protect the safety of a person receiving services and not as a substitute for staff new text end 352.18 new text begin supervision or interactions with a person who is receiving services. If doors are locked or new text end 352.19 new text begin toxic substances or dangerous items normally accessible to persons served by the program new text end 352.20 new text begin are stored in locked cabinets, drawers, or containers, the license holder must justify and new text end 352.21 new text begin document how this determination was made in consultation with the person or person's new text end 352.22 new text begin legal representative, and how access will otherwise be provided to the person and all other new text end 352.23 new text begin affected persons receiving services; and new text end 352.24 new text begin (iii) a staff person is available on site who is trained in basic first aid whenever new text end 352.25 new text begin persons are present and staff are required to be at the site to provide direct service; new text end 352.26 new text begin (2) maintain equipment, vehicles, supplies, and materials owned or leased by the new text end 352.27 new text begin license holder in good condition when used to provide services; new text end 352.28 new text begin (3) follow procedures to ensure safe transportation, handling, and transfers of the new text end 352.29 new text begin person and any equipment used by the person, when the license holder is responsible for new text end 352.30 new text begin transportation of a person or a person's equipment; new text end 352.31 new text begin (4) be prepared for emergencies and follow emergency response procedures to new text end 352.32 new text begin ensure the person's safety in an emergency; and new text end 352.33 new text begin (5) follow sanitary practices for infection control and to prevent communicable new text end 352.34 new text begin diseases. new text end 352.35     new text begin Subd. 3. new text end new text begin Compliance with fire and safety codes. new text end new text begin When services are provided at a new text end 352.36 new text begin service site licensed according to chapter 245A or where the license holder is the owner, new text end 353.1 new text begin lessor, or tenant of the service site, the license holder must document compliance with new text end 353.2 new text begin applicable building codes, fire and safety codes, health rules, and zoning ordinances, or new text end 353.3 new text begin document that an appropriate waiver has been granted. new text end 353.4     new text begin Subd. 4. new text end new text begin Funds and property. new text end new text begin (a) Whenever the license holder assists a person new text end 353.5 new text begin with the safekeeping of funds or other property according to section 245A.04, subdivision new text end 353.6 new text begin 13, the license holder must have written authorization to do so from the person and the new text end 353.7 new text begin case manager. new text end 353.8 new text begin (b) A license holder or staff person may not accept powers-of-attorney from a new text end 353.9 new text begin person receiving services from the license holder for any purpose, and may not accept an new text end 353.10 new text begin appointment as guardian or conservator of a person receiving services from the license new text end 353.11 new text begin holder. This does not apply to license holders that are Minnesota counties or other units new text end 353.12 new text begin of government or to staff persons employed by license holders who were acting as new text end 353.13 new text begin power-of-attorney, guardian, or conservator for specific individuals prior to enactment of new text end 353.14 new text begin this section. The license holder must maintain documentation of the power-of-attorney, new text end 353.15 new text begin guardianship, or conservatorship in the service recipient record. new text end 353.16     new text begin Subd. 5. new text end new text begin Prohibitions. new text end new text begin The license holder is prohibited from using psychotropic new text end 353.17 new text begin medication as a substitute for adequate staffing, as punishment, for staff convenience, new text end 353.18 new text begin or for any reason other than as prescribed. The license holder is prohibited from using new text end 353.19 new text begin restraints or seclusion under any circumstance, unless the commissioner has approved a new text end 353.20 new text begin variance request from the license holder that allows for the emergency use of restraints new text end 353.21 new text begin and seclusion according to terms and conditions approved in the variance. new text end 353.22    Sec. 22. new text begin [245D.07] SERVICE NEEDS. new text end 353.23     new text begin Subdivision 1. new text end new text begin Provision of services. new text end new text begin The license holder must provide services as new text end 353.24 new text begin specified in the service plan and assigned to the license holder. The provision of services new text end 353.25 new text begin must comply with the requirements of this chapter and the federal waiver plans. new text end 353.26     new text begin Subd. 2. new text end new text begin Service planning. new text end new text begin The license holder must participate in support team new text end 353.27 new text begin meetings related to the person following stated timelines established in the person's service new text end 353.28 new text begin plan or as requested by the support team, the person, or the person's legal representative. new text end 353.29     new text begin Subd. 3. new text end new text begin Reports. new text end new text begin The license holder must provide written reports regarding the new text end 353.30 new text begin person's progress or status as requested by the person, the person's legal representative, the new text end 353.31 new text begin case manager, or the team. new text end 353.32    Sec. 23. new text begin [245D.08] RECORD REQUIREMENTS. new text end 354.1     new text begin Subdivision 1. new text end new text begin Record-keeping systems. new text end new text begin The license holder must ensure that the new text end 354.2 new text begin content and format of service recipient, personnel, and program records are uniform, new text end 354.3 new text begin legible, and in compliance with the requirements of this chapter. new text end 354.4     new text begin Subd. 2. new text end new text begin Service recipient record. new text end new text begin (a) The license holder must: new text end 354.5 new text begin (1) maintain a record of current services provided to each person on the premises new text end 354.6 new text begin where the services are provided or coordinated; and new text end 354.7 new text begin (2) protect service recipient records against loss, tampering, or unauthorized new text end 354.8 new text begin disclosure in compliance with sections 13.01 to 13.10 and 13.46. new text end 354.9 new text begin (b) The license holder must maintain the following information for each person: new text end 354.10 new text begin (1) identifying information, including the person's name, date of birth, address, and new text end 354.11 new text begin telephone number; new text end 354.12 new text begin (2) the name, address, and telephone number of the person's legal representative, if new text end 354.13 new text begin any, an emergency contact, the case manager, and family members or others as identified new text end 354.14 new text begin by the person or case manager; new text end 354.15 new text begin (3) service information, including service initiation information, verification of the new text end 354.16 new text begin person's eligibility for services, and documentation verifying that services have been new text end 354.17 new text begin provided as identified in the service plan according to paragraph (a); new text end 354.18 new text begin (4) health information, including medical history and allergies; and when the license new text end 354.19 new text begin holder is assigned responsibility for meeting the person's health needs according to section new text end 354.20 new text begin 245D.05: new text end 354.21 new text begin (i) current orders for medication, treatments, or medical equipment; new text end 354.22 new text begin (ii) medication administration procedures; new text end 354.23 new text begin (iii) a medication administration record documenting the implementation of the new text end 354.24 new text begin medication administration procedures, including any agreements for administration of new text end 354.25 new text begin injectable medications by the license holder; and new text end 354.26 new text begin (iv) a medical appointment schedule; new text end 354.27 new text begin (5) the person's current service plan or that portion of the plan assigned to the new text end 354.28 new text begin license holder. When a person's case manager does not provide a current service plan, new text end 354.29 new text begin the license holder must make a written request to the case manager to provide a copy of new text end 354.30 new text begin the service plan and inform the person of the right to a current service plan and the right new text end 354.31 new text begin to appeal under section 256.045; new text end 354.32 new text begin (6) a record of other service providers serving the person when the person's service new text end 354.33 new text begin plan identifies the need for coordination between the service providers, that includes new text end 354.34 new text begin a contact person and telephone numbers, services being provided, and names of staff new text end 354.35 new text begin responsible for coordination; new text end 355.1 new text begin (7) documentation of orientation to the service recipient rights according to section new text end 355.2 new text begin 245D.04, subdivision 1, and maltreatment reporting policies and procedures according to new text end 355.3 new text begin section 245A.65, subdivision 1, paragraph (c); new text end 355.4 new text begin (8) copies of authorizations to handle a person's funds, according to section 245D.06, new text end 355.5 new text begin subdivision 4, paragraph (a); new text end 355.6 new text begin (9) documentation of complaints received and grievance resolution; new text end 355.7 new text begin (10) incident reports required under section 245D.06, subdivision 1; new text end 355.8 new text begin (11) copies of written reports regarding the person's status when requested according new text end 355.9 new text begin to section 245D.07, subdivision 3; and new text end 355.10 new text begin (12) discharge summary, including service termination notice and related new text end 355.11 new text begin documentation, when applicable. new text end 355.12     new text begin Subd. 3. new text end new text begin Access to service recipient records. new text end new text begin The license holder must ensure that new text end 355.13 new text begin the following people have access to the information in subdivision 1 in accordance with new text end 355.14 new text begin applicable state and federal law, regulation, or rule: new text end 355.15 new text begin (1) the person, the person's legal representative, and anyone properly authorized new text end 355.16 new text begin by the person; new text end 355.17 new text begin (2) the person's case manager; new text end 355.18 new text begin (3) staff providing services to the person unless the information is not relevant to new text end 355.19 new text begin carrying out the service plan; and new text end 355.20 new text begin (4) the county adult foster care licensor, when services are also licensed as adult new text end 355.21 new text begin foster care. new text end 355.22     new text begin Subd. 4. new text end new text begin Personnel records. new text end new text begin The license holder must maintain a personnel record new text end 355.23 new text begin of each employee, direct service volunteer, and subcontractor to document and verify staff new text end 355.24 new text begin qualifications, orientation, and training. For the purposes of this subdivision, the terms new text end 355.25 new text begin "staff" or "staff person" mean paid employee, direct service volunteer, or subcontractor. new text end 355.26 new text begin The personnel record must include: new text end 355.27 new text begin (1) the staff person's date of hire, completed application, a position description new text end 355.28 new text begin signed by the staff person, documentation that the staff person meets the position new text end 355.29 new text begin requirements as determined by the license holder, the date of first supervised direct contact new text end 355.30 new text begin with a person served by the program, and the date of first unsupervised direct contact with new text end 355.31 new text begin a person served by the program; new text end 355.32 new text begin (2) documentation of staff qualifications, orientation, training, and performance new text end 355.33 new text begin evaluations as required under section 245D.09, subdivisions 3, 4, and 5, including the new text end 355.34 new text begin date the training was completed, the number of hours per subject area, and the name and new text end 355.35 new text begin qualifications of the trainer or instructor; and new text end 355.36 new text begin (3) a completed background study as required under chapter 245C. new text end 356.1    Sec. 24. new text begin [245D.09] STAFFING STANDARDS. new text end 356.2     new text begin Subdivision 1. new text end new text begin Staffing requirements. new text end new text begin The license holder must provide direct new text end 356.3 new text begin service staff sufficient to ensure the health, safety, and protection of rights of each person new text end 356.4 new text begin and to be able to implement the responsibilities assigned to the license holder in each new text end 356.5 new text begin person's service plan. new text end 356.6     new text begin Subd. 2. new text end new text begin Supervision of staff having direct contact. new text end new text begin Except for a license holder new text end 356.7 new text begin who are the sole direct service staff, the license holder must provide adequate supervision new text end 356.8 new text begin of staff providing direct service to ensure the health, safety, and protection of rights of new text end 356.9 new text begin each person and implementation of the responsibilities assigned to the license holder in new text end 356.10 new text begin each person's service plan. new text end 356.11     new text begin Subd. 3. new text end new text begin Staff qualifications. new text end new text begin (a) The license holder must ensure that staff is new text end 356.12 new text begin competent through training, experience, and education to meet the person's needs and new text end 356.13 new text begin additional requirements as written in the service plan, or when otherwise required by the new text end 356.14 new text begin case manager or the federal waiver plan. The license holder must verify and maintain new text end 356.15 new text begin evidence of staff competency, including documentation of: new text end 356.16 new text begin (1) education and experience qualifications, including a valid degree and transcript, new text end 356.17 new text begin or a current license, registration, or certification, when a degree or licensure, registration, new text end 356.18 new text begin or certification is required; new text end 356.19 new text begin (2) completion of required orientation and training, including completion of new text end 356.20 new text begin continuing education required to maintain professional licensure, registration, or new text end 356.21 new text begin certification requirements; and new text end 356.22 new text begin (3) except for a license holder who is the sole direct service staff, performance new text end 356.23 new text begin evaluations completed by the license holder of the direct service staff person's ability to new text end 356.24 new text begin perform the job functions based on direct observation. new text end 356.25 new text begin (b) Staff under 18 years of age may not perform overnight duties or administer new text end 356.26 new text begin medication. new text end 356.27     new text begin Subd. 4. new text end new text begin Orientation. new text end new text begin (a) Except for a license holder who does not supervise any new text end 356.28 new text begin direct service staff, within 90 days of hiring direct service staff, the license holder must new text end 356.29 new text begin provide and ensure completion of orientation that combines supervised on-the-job training new text end 356.30 new text begin with review of and instruction on the following: new text end 356.31 new text begin (1) the job description and how to complete specific job functions, including: new text end 356.32 new text begin (i) responding to and reporting incidents as required under section 245D.06, new text end 356.33 new text begin subdivision 1; and new text end 356.34 new text begin (ii) following safety practices established by the license holder and as required in new text end 356.35 new text begin section 245D.06, subdivision 2; new text end 357.1 new text begin (2) the license holder's current policies and procedures required under this chapter, new text end 357.2 new text begin including their location and access, and staff responsibilities related to implementation new text end 357.3 new text begin of those policies and procedures; new text end 357.4 new text begin (3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the new text end 357.5 new text begin federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff new text end 357.6 new text begin responsibilities related to complying with data privacy practices; new text end 357.7 new text begin (4) the service recipient rights under section 245D.04, and staff responsibilities new text end 357.8 new text begin related to ensuring the exercise and protection of those rights; new text end 357.9 new text begin (5) sections 245A.65; 245A.66, 626.556, and 626.557, governing maltreatment new text end 357.10 new text begin reporting and service planning for children and vulnerable adults, and staff responsibilities new text end 357.11 new text begin related to protecting persons from maltreatment and reporting maltreatment; new text end 357.12 new text begin (6) what constitutes use of restraints, seclusion, and psychotropic medications, and new text end 357.13 new text begin staff responsibilities related to the prohibitions of their use; and new text end 357.14 new text begin (7) other topics as determined necessary in the person's service plan by the case new text end 357.15 new text begin manager or other areas identified by the license holder. new text end 357.16 new text begin (b) License holders who provide direct service themselves must complete the new text end 357.17 new text begin orientation required in paragraph (a), clauses (3) to (7). new text end 357.18 new text begin (c) Before providing unsupervised direct service to a person served by the program, new text end 357.19 new text begin or for whom the staff person has not previously provided direct service, or any time the new text end 357.20 new text begin plans or procedures identified in clauses (1) and (2) are revised, the staff person must new text end 357.21 new text begin review and receive instruction on the following as it relates to the staff person's job new text end 357.22 new text begin functions for that person: new text end 357.23 new text begin (1) the person's service plan as it relates to the responsibilities assigned to the license new text end 357.24 new text begin holder, and when applicable, the person's individual abuse prevention plan according to new text end 357.25 new text begin section 245A.65, to achieve an understanding of the person as a unique individual, and new text end 357.26 new text begin how to implement those plans; and new text end 357.27 new text begin (2) medication administration procedures established for the person when assigned new text end 357.28 new text begin to the license holder according to section 245D.05, subdivision 1, paragraph (b). new text end 357.29 new text begin Unlicensed staff may administer medications only after successful completion of a new text end 357.30 new text begin medication administration training, from a training curriculum developed by a registered new text end 357.31 new text begin nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse new text end 357.32 new text begin practitioner, physician's assistant, or physician incorporating an observed skill assessment new text end 357.33 new text begin conducted by the trainer to ensure staff demonstrate the ability to safely and correctly new text end 357.34 new text begin follow medication procedures. Medication administration must be taught by a registered new text end 357.35 new text begin nurse, clinical nurse specialist, certified nurse practitioner, physician's assistant, or new text end 357.36 new text begin physician, if at the time of service initiation or any time thereafter, the person has or new text end 358.1 new text begin develops a health care condition that affects the service options available to the person new text end 358.2 new text begin because the condition requires: new text end 358.3 new text begin (i) specialized or intensive medical or nursing supervision; new text end 358.4 new text begin (ii) nonmedical service providers to adapt their services to accommodate the health new text end 358.5 new text begin and safety needs of the person; and new text end 358.6 new text begin (iii) necessary training in order to meet the health service needs of the person as new text end 358.7 new text begin determined by the person's physician. new text end 358.8     new text begin Subd. 5. new text end new text begin Training. new text end new text begin (a) A license holder must provide annual training to direct new text end 358.9 new text begin service staff on the topics identified in subdivision 4, paragraph (a), clauses (3) to (6). new text end 358.10 new text begin (b) A license holder providing behavioral programming, specialist services, personal new text end 358.11 new text begin support, 24-hour emergency assistance, night supervision, independent living skills, new text end 358.12 new text begin structured day, prevocational, or supported employment services must provide a minimum new text end 358.13 new text begin of eight hours of annual training to direct service staff that addresses: new text end 358.14 new text begin (1) topics related to the general health, safety, and service needs of the population new text end 358.15 new text begin served by the license holder; and new text end 358.16 new text begin (2) other areas identified by the license holder or in the person's current service plan. new text end 358.17 new text begin Training on relevant topics received from sources other than the license holder new text end 358.18 new text begin may count toward training requirements. new text end 358.19 new text begin (c) When the license holder is the owner, lessor, or tenant of the service site and new text end 358.20 new text begin whenever a person receiving services is present at the site, the license holder must have new text end 358.21 new text begin a staff person available on site who is trained in basic first aid and, when required in a new text end 358.22 new text begin person's service plan, cardiopulmonary resuscitation. new text end 358.23     new text begin Subd. 6. new text end new text begin Subcontractors. new text end new text begin If the license holder uses a subcontractor to perform new text end 358.24 new text begin services licensed under this chapter on their behalf, the license holder must ensure that the new text end 358.25 new text begin subcontractor meets and maintains compliance with all requirements under this chapter new text end 358.26 new text begin that apply to the services to be provided. new text end 358.27     new text begin Subd. 7. new text end new text begin Volunteers. new text end new text begin The license holder must ensure that volunteers who provide new text end 358.28 new text begin direct services to persons served by the program receive the training, orientation, and new text end 358.29 new text begin supervision necessary to fulfill their responsibilities. new text end 358.30    Sec. 25. new text begin [245D.10] POLICIES AND PROCEDURES. new text end 358.31     new text begin Subdivision 1. new text end new text begin Policy and procedure requirements. new text end new text begin The license holder must new text end 358.32 new text begin establish, enforce, and maintain policies and procedures as required in this chapter. new text end 358.33     new text begin Subd. 2. new text end new text begin Grievances. new text end new text begin The license holder must establish policies and procedures that new text end 358.34 new text begin provide a simple complaint process for persons served by the program and their authorized new text end 358.35 new text begin representatives to bring a grievance that: new text end 359.1 new text begin (1) provides staff assistance with the complaint process when requested, and the new text end 359.2 new text begin addresses and telephone numbers of outside agencies to assist the person; new text end 359.3 new text begin (2) allows the person to bring the complaint to the highest level of authority in the new text end 359.4 new text begin program if the grievance cannot be resolved by other staff members, and that provides new text end 359.5 new text begin the name, address, and telephone number of that person; new text end 359.6 new text begin (3) requires the license holder to promptly respond to all complaints affecting a new text end 359.7 new text begin person's health and safety. For all other complaints the license holder must provide an new text end 359.8 new text begin initial response within 14 calendar days of receipt of the complaint. All complaints must new text end 359.9 new text begin be resolved within 30 calendar days of receipt or the license holder must document the new text end 359.10 new text begin reason for the delay and a plan for resolution; new text end 359.11 new text begin (4) requires a complaint review that includes an evaluation of whether: new text end 359.12 new text begin (i) related policies and procedures were followed and adequate; new text end 359.13 new text begin (ii) there is a need for additional staff training; new text end 359.14 new text begin (iii) the complaint is similar to past complaints with the persons, staff, or services new text end 359.15 new text begin involved; and new text end 359.16 new text begin (iv) there is a need for corrective action by the license holder to protect the health new text end 359.17 new text begin and safety of persons receiving services; new text end 359.18 new text begin (5) based on the review in clause (4), requires the license holder to develop, new text end 359.19 new text begin document, and implement a corrective action plan, designed to correct current lapses and new text end 359.20 new text begin prevent future lapses in performance by staff or the license holder, if any; new text end 359.21 new text begin (6) provides a written summary of the complaint and a notice of the complaint new text end 359.22 new text begin resolution to the person and case manager, that: new text end 359.23 new text begin (i) identifies the nature of the complaint and the date it was received; new text end 359.24 new text begin (ii) includes the results of the complaint review; new text end 359.25 new text begin (iii) identifies the complaint resolution, including any corrective action; and new text end 359.26 new text begin (7) requires that the complaint summary and resolution notice be maintained in the new text end 359.27 new text begin service recipient record. new text end 359.28     new text begin Subd. 3. new text end new text begin Service suspension and service termination. new text end new text begin (a) The license holder must new text end 359.29 new text begin establish policies and procedures for temporary service suspension and service termination new text end 359.30 new text begin that promote continuity of care and service coordination with the person and the case new text end 359.31 new text begin manager, and with other licensed caregivers, if any, who also provide support to the person. new text end 359.32 new text begin (b) The policy must include the following requirements: new text end 359.33 new text begin (1) the license holder must notify the person and case manager in writing of the new text end 359.34 new text begin intended termination or temporary service suspension, and the person's right to seek a new text end 359.35 new text begin temporary order staying the termination of service according to the procedures in section new text end 359.36 new text begin 256.045, subdivision 4a, or 6, paragraph (c); new text end 360.1 new text begin (2) notice of the proposed termination of services, including those situations new text end 360.2 new text begin that began with a temporary service suspension, must be given at least 60 days before new text end 360.3 new text begin the proposed termination is to become effective when a license holder is providing new text end 360.4 new text begin independent living skills training, structured day, prevocational or supported employment new text end 360.5 new text begin services to the person, and 30 days prior to termination for all other services licensed new text end 360.6 new text begin under this chapter; new text end 360.7 new text begin (3) the license holder must provide information requested by the person or case new text end 360.8 new text begin manager when services are temporarily suspended or upon notice of termination; new text end 360.9 new text begin (4) prior to giving notice of service termination or temporary service suspension, new text end 360.10 new text begin the license holder must document actions taken to minimize or eliminate the need for new text end 360.11 new text begin service suspension or termination; new text end 360.12 new text begin (5) during the temporary service suspension or service termination notice period, new text end 360.13 new text begin the license holder will work with the appropriate county agency to develop reasonable new text end 360.14 new text begin alternatives to protect the person and others; new text end 360.15 new text begin (6) the license holder must maintain information about the service suspension or new text end 360.16 new text begin termination, including the written termination notice, in the service recipient record; and new text end 360.17 new text begin (7) the license holder must restrict temporary service suspension to situations in new text end 360.18 new text begin which the person's behavior causes immediate and serious danger to the health and safety new text end 360.19 new text begin of the person or others. new text end 360.20     new text begin Subd. 4. new text end new text begin Availability of current written policies and procedures. new text end new text begin (a) The license new text end 360.21 new text begin holder must review and update, as needed, the written policies and procedures required new text end 360.22 new text begin under this chapter. new text end 360.23 new text begin (b) The license holder must inform the person and case manager of the policies and new text end 360.24 new text begin procedures affecting a person's rights under section 245D.04, and provide copies of those new text end 360.25 new text begin policies and procedures, within five working days of service initiation. new text end 360.26 new text begin (c) The license holder must provide a written notice at least 30 days before new text end 360.27 new text begin implementing any revised policies and procedures affecting a person's rights under section new text end 360.28 new text begin 245D.04. The notice must explain the revision that was made and include a copy of new text end 360.29 new text begin the revised policy and procedure. The license holder must document the reason for not new text end 360.30 new text begin providing the notice at least 30 days before implementing the revisions. new text end 360.31 new text begin (d) Before implementing revisions to required policies and procedures the license new text end 360.32 new text begin holder must inform all employees of the revisions and provide training on implementation new text end 360.33 new text begin of the revised policies and procedures. new text end 361.1    Sec. 26. Minnesota Statutes 2010, section 256B.4912, is amended to read: 361.2256B.4912 HOME AND COMMUNITY-BASED WAIVERS; PROVIDERS 361.3AND PAYMENT. 361.4    Subdivision 1. Provider qualifications. For the home and community-based 361.5waivers providing services to seniors and individuals with disabilities, the commissioner 361.6shall establish: 361.7(1) agreements with enrolled waiver service providers to ensure providers meet 361.8qualifications defined in the waiver plans new text begin Minnesota health care program requirements new text end ; 361.9(2) regular reviews of provider qualifications new text begin , and including requests of proof of new text end 361.10 new text begin documentation new text end ; and 361.11(3) processes to gather the necessary information to determine provider 361.12qualifications. 361.13    By July 2010, new text begin Beginning July 1, 2012, new text end staff that provide direct contact, as defined 361.14in section 245C.02, subdivision 11, that are employees of waiver service providers new text begin for new text end 361.15 new text begin services specified in the federally approved waiver plans new text end must meet the requirements 361.16of chapter 245C prior to providing waiver services and as part of ongoing enrollment. 361.17Upon federal approval, this requirement must also apply to consumer-directed community 361.18supports. 361.19    Subd. 2. Rate-setting new text begin Payment new text end methodologies. new text begin (a) new text end The commissioner shall 361.20establish statewide rate-setting new text begin payment new text end methodologies that meet federal waiver 361.21requirements for home and community-based waiver services for individuals with 361.22disabilities. The rate-setting new text begin payment new text end methodologies must abide by the principles of 361.23transparency and equitability across the state. The methodologies must involve a uniform 361.24process of structuring rates for each service and must promote quality and participant 361.25choice. 361.26     new text begin (b) As of January 1, 2012, counties shall not implement changes to established new text end 361.27 new text begin processes for rate-setting methodologies for individuals using components of or data new text end 361.28 new text begin from research rates. new text end 361.29     new text begin Subd. 3. new text end new text begin Payment requirements. new text end new text begin The payment methodologies established under new text end 361.30 new text begin this section shall accommodate: new text end 361.31 new text begin (1) supervision costs; new text end 361.32 new text begin (2) staffing patterns; new text end 361.33 new text begin (3) program-related expenses; new text end 361.34 new text begin (4) general and administrative expenses; and new text end 361.35 new text begin (5) consideration of recipient intensity. new text end 362.1     new text begin Subd. 4. new text end new text begin Payment rate criteria. new text end new text begin (a) The payment methodologies under this section new text end 362.2 new text begin shall reflect the payment rate criteria in paragraphs (b), (c), and (d). new text end 362.3     new text begin (b) Payment rates shall reflect the reasonable, ordinary, and necessary costs of new text end 362.4 new text begin service delivery. new text end 362.5     new text begin (c) Payment rates shall be sufficient to enlist enough providers so that care and new text end 362.6 new text begin services are available at least to the extent that such care and services are available to new text end 362.7 new text begin the general population in the geographic area as required by section 1902(a)(30)(A) of new text end 362.8 new text begin the Social Security Act. new text end 362.9 new text begin (d) The commissioner must not reimburse: new text end 362.10 new text begin (1) unauthorized service delivery; new text end 362.11 new text begin (2) services provided under a receipt of a special grant; new text end 362.12 new text begin (3) services provided under contract to a local school district; new text end 362.13 new text begin (4) extended employment services under Minnesota Rules, parts 3300.2005 to new text end 362.14 new text begin 3300.3100, or vocational rehabilitation services provided under the federal Rehabilitation new text end 362.15 new text begin Act, as amended, Title I, section 110, or Title VI-C, and not through use of medical new text end 362.16 new text begin assistance or county social service funds; or new text end 362.17 new text begin (5) services provided to a client by a licensed medical, therapeutic, or rehabilitation new text end 362.18 new text begin practitioner or any other vendor of medical care which are billed separately on a new text end 362.19 new text begin fee-for-service basis. new text end 362.20     new text begin Subd. 5. new text end new text begin County and tribal provider contract elimination. new text end new text begin County and tribal new text end 362.21 new text begin contracts with providers of home and community-based waiver services provided under new text end 362.22 new text begin sections 256B.0913, 256B.0915, 256B.092, and 256B.49 are eliminated effective January new text end 362.23 new text begin 1, 2014. new text end 362.24     new text begin Subd. 6. new text end new text begin Program standards. new text end new text begin The commissioner of human services must establish new text end 362.25 new text begin uniform program standards for services identified in chapter 245D for persons with new text end 362.26 new text begin disabilities and people age 65 and older. The commissioner must grant licenses according new text end 362.27 new text begin to the provisions of chapter 245A. new text end 362.28     new text begin Subd. 7. new text end new text begin Applicant and license holder training. new text end new text begin An applicant or license holder new text end 362.29 new text begin that is not enrolled as a Minnesota health care program home and community-based new text end 362.30 new text begin services waiver provider at the time of application must ensure that at least one controlling new text end 362.31 new text begin individual completes a onetime training on the requirements for providing home and new text end 362.32 new text begin community-based services from a qualified source as determined by the commissioner, new text end 362.33 new text begin before a provider is enrolled or license is issued. new text end 362.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 362.35    Sec. 27. new text begin [256B.4913] PAYMENT METHODOLOGY DEVELOPMENT. new text end 363.1     new text begin Subdivision 1. new text end new text begin Research period and rates. new text end new text begin (a) For the purposes of this new text end 363.2 new text begin section, "research rate" means a proposed payment rate for the provision of home new text end 363.3 new text begin and community-based waivered services to meet federal requirements and assess new text end 363.4 new text begin the implications of changing resources on the provision of services and "research new text end 363.5 new text begin period" means the time period during which the research rate is being assessed by the new text end 363.6 new text begin commissioner. new text end 363.7     new text begin (b) The commissioner shall determine and publish initial frameworks and values to new text end 363.8 new text begin generate research rates for individuals receiving home and community-based services. new text end 363.9     new text begin (c) The initial values issued by the commissioner shall ensure projected spending new text end 363.10 new text begin for home and community-based services for each service area is equivalent to projected new text end 363.11 new text begin spending under current law in the most recent expenditure forecast. new text end 363.12     new text begin (d) The initial values issued shall be based on the most updated information and cost new text end 363.13 new text begin data available on supervision, employee-related costs, client programming and supports, new text end 363.14 new text begin programming planning supports, transportation, administrative overhead, and utilization new text end 363.15 new text begin costs. These service areas are: new text end 363.16     new text begin (1) residential services, defined as corporate foster care, family foster care, residential new text end 363.17 new text begin care, supported living services, customized living, and 24-hour customized living; new text end 363.18     new text begin (2) day program services, defined as adult day care, day training and habilitation, new text end 363.19 new text begin prevocational services, structured day services, and transportation; new text end 363.20     new text begin (3) unit-based services with programming, defined as in-home family support, new text end 363.21 new text begin independent living services, supported living services, supported employment, behavior new text end 363.22 new text begin programming, and housing access coordination; and new text end 363.23     new text begin (4) unit-based services without programming, defined as respite, personal support, new text end 363.24 new text begin and night supervision. new text end 363.25     new text begin (e) The commissioner shall make available the underlying assessment information, new text end 363.26 new text begin without any identifying information, and the statistical modeling used to generate the new text end 363.27 new text begin initial research rate and calculate budget neutrality. new text end 363.28     new text begin Subd. 2. new text end new text begin Framework values. new text end new text begin (a) The commissioner shall propose legislation with new text end 363.29 new text begin the specific payment methodology frameworks, process for calculation, and specific new text end 363.30 new text begin values to populate the frameworks by February 15, 2013. new text end 363.31     new text begin (b) The commissioner shall provide underlying data and information used to new text end 363.32 new text begin formulate the final frameworks and values to the existing stakeholder workgroup by new text end 363.33 new text begin January 15, 2013. new text end 363.34     new text begin (c) The commissioner shall provide recommendations for the final frameworks new text end 363.35 new text begin and values, and the basis for the recommendations to the legislative committees with new text end 363.36 new text begin jurisdiction over health and human services finance by February 15, 2013. new text end 364.1     new text begin (d) The commissioner shall review the following topics during the research period new text end 364.2 new text begin and propose, as necessary, recommendations to address the following research questions: new text end 364.3     new text begin (1) underlying differences in the cost to provide services throughout the state; new text end 364.4     new text begin (2) a data-driven process for determining labor costs and customizations for staffing new text end 364.5 new text begin classifications included in each rate framework based on the services performed; new text end 364.6     new text begin (3) the allocation of resources previously established under section 256B.501, new text end 364.7 new text begin subdivision 4b; new text end 364.8     new text begin (4) further definition and development of unit-based services; new text end 364.9     new text begin (5) the impact of splitting the allocation of resources for unit-based services for those new text end 364.10 new text begin with programming aspects and those without; new text end 364.11     new text begin (6) linking assessment criteria to future assessment processes for determination new text end 364.12 new text begin of customizations; new text end 364.13     new text begin (7) recognition of cost differences in the use of monitoring technology where it is new text end 364.14 new text begin appropriate to substitute for supervision; new text end 364.15     new text begin (8) implications for day services of reimbursement based on a unit rate and a daily new text end 364.16 new text begin rate; new text end 364.17     new text begin (9) a definition of shared and individual staffing for unit-based services; new text end 364.18     new text begin (10) the underlying costs of providing transportation associated with day services; new text end 364.19 new text begin and new text end 364.20     new text begin (11) an exception process for individuals with exceptional needs that cannot be met new text end 364.21 new text begin under the initial research rate, and an alternative payment structure for those individuals. new text end 364.22     new text begin (e) The commissioner shall develop a comprehensive plan based on information new text end 364.23 new text begin gathered during the research period that uses statistically reliable and valid assessment new text end 364.24 new text begin data to refine payment methodologies. new text end 364.25     new text begin (f) The commissioner shall make recommendations and provide underlying data and new text end 364.26 new text begin information used to formulate these research recommendations to the existing stakeholder new text end 364.27 new text begin workgroup by January 15, 2013. new text end 364.28     new text begin Subd. 3. new text end new text begin Data collection. new text end new text begin (a) The commissioner shall conduct any necessary new text end 364.29 new text begin research and gather additional data for the further development and refinement of payment new text end 364.30 new text begin methodology components. These include but are not limited to: new text end 364.31     new text begin (1) levels of service utilization and patterns of use; new text end 364.32     new text begin (2) staffing patterns for each service; new text end 364.33     new text begin (3) profile of individual service needs; and new text end 364.34     new text begin (4) cost factors involved in providing transportation services. new text end 364.35     new text begin (b) The commissioner shall provide this information to the existing stakeholder new text end 364.36 new text begin workgroup by January 15, 2013. new text end 365.1     new text begin Subd. 4. new text end new text begin Rate stabilization adjustment. new text end new text begin Beginning January 1, 2014, the new text end 365.2 new text begin commissioner shall adjust individual rates determined by the new payment methodology new text end 365.3 new text begin so that the new rate varies no more than one percent per year from the rate effective new text end 365.4 new text begin on December 31 of the prior calendar year. This adjustment is made annually and is new text end 365.5 new text begin effective for three calendar years from the date of implementation. This subdivision new text end 365.6 new text begin expires January 1, 2017. new text end 365.7     new text begin Subd. 5. new text end new text begin Stakeholder consultation. new text end new text begin The commissioner shall continue consultation new text end 365.8 new text begin on regular intervals with the existing stakeholder group established as part of the new text end 365.9 new text begin rate-setting methodology process to gather input, concerns, data, and exchange ideas for new text end 365.10 new text begin the legislative proposals for the new rate payment system and make pertinent information new text end 365.11 new text begin available to the public through the department's Web site. new text end 365.12     new text begin Subd. 6. new text end new text begin Implementation. new text end new text begin The commissioner may implement changes no new text end 365.13 new text begin sooner than January 1, 2014, to payment rates for individuals receiving home and new text end 365.14 new text begin community-based waivered services after the enactment of legislation that establishes new text end 365.15 new text begin specific payment methodology frameworks, processes for rate calculations, and specific new text end 365.16 new text begin values to populate the payment methodology frameworks. new text end 365.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end