1.1 	A bill for an act
1.2 	relating to human services; modifying provisions relating to children and 
1.3 	family services; changing requirements for the Northstar Care for Children 
1.4 	program, background studies, adoption, and licensing; making technical 
1.5 	changes;amending Minnesota Statutes 2012, sections 245C.04, by adding a 
1.6 	subdivision; 256I.04, subdivision 2a; 257.85, subdivision 11; 259.41, subdivision 
1.7 	1; Minnesota Statutes 2013 Supplement, sections 245A.1435; 245A.50, 
1.8 	subdivision 5; 252.27, subdivision 2a; 256B.055, subdivision 1; 256D.44, 
1.9 	subdivision 5; 256N.02, by adding a subdivision; 256N.21, subdivision 2, by 
1.10 	adding a subdivision; 256N.22, subdivision 6; 256N.23, subdivision 1; 256N.24, 
1.11 	subdivisions 9, 10; 259.35, subdivision 1; 609B.445; proposing coding for new 
1.12 	law in Minnesota Statutes, chapter 245A.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	ARTICLE 1
1.15 	NORTHSTAR CARE FOR CHILDREN

1.16 	Section 1. Minnesota Statutes 2013 Supplement, section 252.27, subdivision 2a, 
1.17 	is amended to read:
1.18 		Subd. 2a.Contribution amount. (a) The natural or adoptive parents of a minor 
1.19 	child, including a child determined eligible for medical assistance without consideration of 
1.20 	parental income, must contribute to the cost of services used by making monthly payments 
1.21 	on a sliding scale based on income, unless the child is married or has been married, 
1.22 	parental rights have been terminated, or the child's adoption is subsidized according to 
1.23 	chapter 256N or 259A or through title IV-E of the Social Security Act. The parental 
1.24 	contribution is a partial or full payment for medical services provided for diagnostic, 
1.25 	therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care 
1.26 	services as defined in United States Code, title 26, section 213, needed by the child with a 
1.27 	chronic illness or disability.
2.1 	(b) For households with adjusted gross income equal to or greater than 275 percent 
2.2 	of federal poverty guidelines, the parental contribution shall be computed by applying the 
2.3 	following schedule of rates to the adjusted gross income of the natural or adoptive parents:
2.4 	(1) if the adjusted gross income is equal to or greater than 275 percent of federal 
2.5 	poverty guidelines and less than or equal to 545 percent of federal poverty guidelines, 
2.6 	the parental contribution shall be determined using a sliding fee scale established by the 
2.7 	commissioner of human services which begins at 2.76 percent of adjusted gross income 
2.8 	at 275 percent of federal poverty guidelines and increases to 7.5 percent of adjusted 
2.9 	gross income for those with adjusted gross income up to 545 percent of federal poverty 
2.10 	guidelines;
2.11 	(2) if the adjusted gross income is greater than 545 percent of federal poverty 
2.12 	guidelines and less than 675 percent of federal poverty guidelines, the parental 
2.13 	contribution shall be 7.5 percent of adjusted gross income;
2.14 	(3) if the adjusted gross income is equal to or greater than 675 percent of federal 
2.15 	poverty guidelines and less than 975 percent of federal poverty guidelines, the parental 
2.16 	contribution shall be determined using a sliding fee scale established by the commissioner 
2.17 	of human services which begins at 7.5 percent of adjusted gross income at 675 percent of 
2.18 	federal poverty guidelines and increases to ten percent of adjusted gross income for those 
2.19 	with adjusted gross income up to 975 percent of federal poverty guidelines; and
2.20 	(4) if the adjusted gross income is equal to or greater than 975 percent of federal 
2.21 	poverty guidelines, the parental contribution shall be 12.5 percent of adjusted gross income.
2.22 	If the child lives with the parent, the annual adjusted gross income is reduced by 
2.23 	$2,400 prior to calculating the parental contribution. If the child resides in an institution 
2.24 	specified in section 256B.35, the parent is responsible for the personal needs allowance 
2.25 	specified under that section in addition to the parental contribution determined under this 
2.26 	section. The parental contribution is reduced by any amount required to be paid directly to 
2.27 	the child pursuant to a court order, but only if actually paid.
2.28 	(c) The household size to be used in determining the amount of contribution under 
2.29 	paragraph (b) includes natural and adoptive parents and their dependents, including the 
2.30 	child receiving services. Adjustments in the contribution amount due to annual changes 
2.31 	in the federal poverty guidelines shall be implemented on the first day of July following 
2.32 	publication of the changes.
2.33 	(d) For purposes of paragraph (b), "income" means the adjusted gross income of the 
2.34 	natural or adoptive parents determined according to the previous year's federal tax form, 
2.35 	except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds 
2.36 	have been used to purchase a home shall not be counted as income.
3.1 	(e) The contribution shall be explained in writing to the parents at the time eligibility 
3.2 	for services is being determined. The contribution shall be made on a monthly basis 
3.3 	effective with the first month in which the child receives services. Annually upon 
3.4 	redetermination or at termination of eligibility, if the contribution exceeded the cost of 
3.5 	services provided, the local agency or the state shall reimburse that excess amount to 
3.6 	the parents, either by direct reimbursement if the parent is no longer required to pay a 
3.7 	contribution, or by a reduction in or waiver of parental fees until the excess amount is 
3.8 	exhausted. All reimbursements must include a notice that the amount reimbursed may be 
3.9 	taxable income if the parent paid for the parent's fees through an employer's health care 
3.10 	flexible spending account under the Internal Revenue Code, section 125, and that the 
3.11 	parent is responsible for paying the taxes owed on the amount reimbursed.
3.12 	(f) The monthly contribution amount must be reviewed at least every 12 months; 
3.13 	when there is a change in household size; and when there is a loss of or gain in income 
3.14 	from one month to another in excess of ten percent. The local agency shall mail a written 
3.15 	notice 30 days in advance of the effective date of a change in the contribution amount. 
3.16 	A decrease in the contribution amount is effective in the month that the parent verifies a 
3.17 	reduction in income or change in household size.
3.18 	(g) Parents of a minor child who do not live with each other shall each pay the 
3.19 	contribution required under paragraph (a). An amount equal to the annual court-ordered 
3.20 	child support payment actually paid on behalf of the child receiving services shall be 
3.21 	deducted from the adjusted gross income of the parent making the payment prior to 
3.22 	calculating the parental contribution under paragraph (b).
3.23 	(h) The contribution under paragraph (b) shall be increased by an additional five 
3.24 	percent if the local agency determines that insurance coverage is available but not 
3.25 	obtained for the child. For purposes of this section, "available" means the insurance is a 
3.26 	benefit of employment for a family member at an annual cost of no more than five percent 
3.27 	of the family's annual income. For purposes of this section, "insurance" means health 
3.28 	and accident insurance coverage, enrollment in a nonprofit health service plan, health 
3.29 	maintenance organization, self-insured plan, or preferred provider organization.
3.30 	Parents who have more than one child receiving services shall not be required 
3.31 	to pay more than the amount for the child with the highest expenditures. There shall 
3.32 	be no resource contribution from the parents. The parent shall not be required to pay 
3.33 	a contribution in excess of the cost of the services provided to the child, not counting 
3.34 	payments made to school districts for education-related services. Notice of an increase in 
3.35 	fee payment must be given at least 30 days before the increased fee is due.
4.1 	(i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if, 
4.2 	in the 12 months prior to July 1:
4.3 	(1) the parent applied for insurance for the child;
4.4 	(2) the insurer denied insurance;
4.5 	(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted 
4.6 	a complaint or appeal, in writing, to the commissioner of health or the commissioner of 
4.7 	commerce, or litigated the complaint or appeal; and
4.8 	(4) as a result of the dispute, the insurer reversed its decision and granted insurance.
4.9 	For purposes of this section, "insurance" has the meaning given in paragraph (h).
4.10 	A parent who has requested a reduction in the contribution amount under this 
4.11 	paragraph shall submit proof in the form and manner prescribed by the commissioner or 
4.12 	county agency, including, but not limited to, the insurer's denial of insurance, the written 
4.13 	letter or complaint of the parents, court documents, and the written response of the insurer 
4.14 	approving insurance. The determinations of the commissioner or county agency under this 
4.15 	paragraph are not rules subject to chapter 14.

4.16 	Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.055, subdivision 1, is 
4.17 	amended to read:
4.18 		Subdivision 1.Children eligible for subsidized adoption assistance. Medical 
4.19 	assistance may be paid for a child eligible for or receiving adoption assistance payments 
4.20 	under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 
4.21 	676, and to any child who is not title IV-E eligible but who was determined eligible for 
4.22 	adoption assistance under chapter 256N or section 259A.10, subdivision 2, and has a 
4.23 	special need for medical or rehabilitative care.

4.24 	Sec. 3. Minnesota Statutes 2013 Supplement, section 256N.02, is amended by adding a 
4.25 	subdivision to read:
4.26 		Subd. 14a.Licensed child foster parent. "Licensed child foster parent" means a 
4.27 	person who is licensed for child foster care under Minnesota Rules, parts 2960.3000 to 
4.28 	2960.3340, or licensed by a Minnesota tribe in accordance with tribal standards.

4.29 	Sec. 4. Minnesota Statutes 2013 Supplement, section 256N.21, subdivision 2, is 
4.30 	amended to read:
4.31 		Subd. 2.Placement in foster care. To be eligible for foster care benefits under this 
4.32 	section, the child must be in placement away from the child's legal parent or guardian 
5.1 	and all of the following criteria must be met must meet the criteria in clause (1) and 
5.2 	either clause (2) or (3):
5.3 	(1) the legally responsible agency must have placement authority and care 
5.4 	responsibility, including for a child 18 years old or older and under age 21, who maintains 
5.5 	eligibility for foster care consistent with section 260C.451;
5.6 	(2) the legally responsible agency must have placement authority and care 
5.7 	responsibility to place the child with a voluntary placement agreement or a court order, 
5.8 	consistent with sections 260B.198, 260C.001, 260D.01, or continued eligibility consistent 
5.9 	with section 260C.451 for a child 18 years old or older and under age 21 who maintains 
5.10 	eligibility for foster care; and
5.11 	(3) (2) the child must be placed in an emergency relative placement under section 
5.12 	245A.035, with  a licensed foster family setting, foster residence setting, or treatment 
5.13 	foster care setting licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, a 
5.14 	family foster home licensed or approved by a tribal agency or, for a child 18 years old or 
5.15 	older and under age 21, child foster parent; or
5.16 	(3) the child must be placed in one of the following unlicensed child foster care 
5.17 	settings:
5.18 	(i) an emergency relative placement under section 245A.035, with the legally 
5.19 	responsible agency ensuring the relative completes the required child foster care 
5.20 	application process;
5.21 	(ii) a licensed adult foster home with an approved six-month variance under section 
5.22 	245A.16; or
5.23 	(iii) for a child 18 years old or older and under age 21 who is eligible for extended 
5.24 	foster care under section 260C.451,  an unlicensed supervised independent living setting 
5.25 	approved by the agency responsible for the youth's child's care.

5.26 	Sec. 5. Minnesota Statutes 2013 Supplement, section 256N.21, is amended by adding a 
5.27 	subdivision to read:
5.28 		Subd. 7.Background study. (a) A county or private agency conducting a 
5.29 	background study for purposes of child foster care licensing or approval must conduct 
5.30 	the study in accordance with chapter 245C and must meet the requirements in United 
5.31 	States Code, title 42, section 671(a)(20).
5.32 	(b) A tribal organization conducting a background study for purposes of child foster 
5.33 	care licensing or approval must conduct the study in accordance with the requirements in 
5.34 	United States Code, title 25, sections 1931 to 1932. The study must meet the requirements 
5.35 	in United States Code, title 42, section 671(a)(20), when applicable.

6.1 	Sec. 6. Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 6, is 
6.2 	amended to read:
6.3 		Subd. 6.Exclusions. (a) A child with a guardianship assistance agreement under 
6.4 	Northstar Care for Children is not eligible for the Minnesota family investment program 
6.5 	child-only grant under chapter 256J.
6.6 	(b) The commissioner shall not enter into a guardianship assistance agreement with:
6.7 	(1) a child's biological parent or stepparent;
6.8 	(2) an individual assuming permanent legal and physical custody of a child or the 
6.9 	equivalent under tribal code without involvement of the child welfare system; or
6.10 	(3) an individual assuming permanent legal and physical custody of a child who was 
6.11 	placed in Minnesota by another state or a tribe outside of Minnesota.

6.12 	Sec. 7. Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 1, is 
6.13 	amended to read:
6.14 		Subdivision 1.General eligibility requirements. (a) To be eligible for adoption 
6.15 	assistance under this section, a child must:
6.16 	(1) be determined to be a child with special needs under subdivision 2;
6.17 	(2) meet the applicable citizenship and immigration requirements in subdivision 3;
6.18 	(3)(i) meet the criteria in section 473 of the Social Security Act; or
6.19 	(ii) have had foster care payments paid on the child's behalf while in out-of-home 
6.20 	placement through the county or tribe and be either under the tribal social service agency 
6.21 	prior to the issuance of a court order transferring the child's guardianship of to the 
6.22 	commissioner or under the jurisdiction of a Minnesota tribe and adoption, according 
6.23 	to tribal law, is in the child's documented permanency plan ordering the child a ward 
6.24 	of tribal court; and
6.25 	(4) have a written, binding agreement under section 256N.25 among the adoptive 
6.26 	parent, the financially responsible agency, or, if there is no financially responsible agency, 
6.27 	the agency designated by the commissioner, and the commissioner established prior to 
6.28 	finalization of the adoption.
6.29 	(b) In addition to the requirements in paragraph (a), an eligible child's adoptive parent 
6.30 	or parents must meet the applicable background study requirements in subdivision 4.
6.31 	(c) A child who meets all eligibility criteria except those specific to title IV-E adoption 
6.32 	assistance shall receive adoption assistance paid through funds other than title IV-E.
6.33 	(d) A child receiving Northstar kinship assistance payments under section 256N.22 
6.34 	is eligible for adoption assistance when the criteria in paragraph (a) are met and the child's 
6.35 	legal custodian is adopting the child.

7.1 	Sec. 8. Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 9, is 
7.2 	amended to read:
7.3 		Subd. 9.Timing of and requests for reassessments. Reassessments for an eligible 
7.4 	child must be completed within 30 days of any of the following events:
7.5 	(1) for a child in continuous foster care, when six months have elapsed since 
7.6 	completion of the last assessment the initial assessment, and annually thereafter;
7.7 	(2) for a child in continuous foster care, change of placement location;
7.8 	(3) for a child in foster care, at the request of the financially responsible agency or 
7.9 	legally responsible agency;
7.10 	(4) at the request of the commissioner; or
7.11 	(5) at the request of the caregiver under subdivision 9 10.

7.12 	Sec. 9. Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 10, is 
7.13 	amended to read:
7.14 		Subd. 10.Caregiver requests for reassessments. (a) A caregiver may initiate 
7.15 	a reassessment request for an eligible child in writing to the financially responsible 
7.16 	agency or, if there is no financially responsible agency, the agency designated by the 
7.17 	commissioner. The written request must include the reason for the request and the 
7.18 	name, address, and contact information of the caregivers. For an eligible child with a 
7.19 	guardianship assistance or adoption assistance agreement, The caregiver may request a 
7.20 	reassessment if at least six months have elapsed since any previously requested review. 
7.21 	For an eligible foster child, a foster parent may request reassessment in less than six 
7.22 	months with written documentation that there have been significant changes in the child's 
7.23 	needs that necessitate an earlier reassessment.
7.24 	(b) A caregiver may request a reassessment of an at-risk child for whom a 
7.25 	guardianship assistance or adoption assistance agreement has been executed if the 
7.26 	caregiver has satisfied the commissioner with written documentation from a qualified 
7.27 	expert that the potential disability upon which eligibility for the agreement was based has 
7.28 	manifested itself, consistent with section 256N.25, subdivision 3, paragraph (b).
7.29 	(c) If the reassessment cannot be completed within 30 days of the caregiver's request, 
7.30 	the agency responsible for reassessment must notify the caregiver of the reason for the 
7.31 	delay and a reasonable estimate of when the reassessment can be completed.
7.32 	(d) Notwithstanding any provision to the contrary in paragraph (a) or subdivision 9, 
7.33 	when a Northstar kinship assistance agreement or adoption assistance agreement under 
7.34 	section 256N.25 has been signed by all parties, no reassessment may be requested or 
8.1 	conducted for up to two years until the Northstar kinship assistance agreement or the 
8.2 	adoption assistance agreement goes into effect or expires.

8.3 	Sec. 10. Minnesota Statutes 2012, section 257.85, subdivision 11, is amended to read:
8.4 		Subd. 11.Financial considerations. (a) Payment of relative custody assistance 
8.5 	under a relative custody assistance agreement is subject to the availability of state funds 
8.6 	and payments may be reduced or suspended on order of the commissioner if insufficient 
8.7 	funds are available.
8.8 	(b) Upon receipt from a local agency of a claim for reimbursement, the commissioner 
8.9 	shall reimburse the local agency in an amount equal to 100 percent of the relative custody 
8.10 	assistance payments provided to relative custodians. The A local agency may not seek and 
8.11 	the commissioner shall not provide reimbursement for the administrative costs associated 
8.12 	with performing the duties described in subdivision 4.
8.13 	(c) For the purposes of determining eligibility or payment amounts under MFIP, 
8.14 	relative custody assistance payments shall be excluded in determining the family's 
8.15 	available income.
8.16 	(d) For expenditures made on or before December 31, 2014, upon receipt from a 
8.17 	local agency of a claim for reimbursement, the commissioner shall reimburse the local 
8.18 	agency in an amount equal to 100 percent of the relative custody assistance payments 
8.19 	provided to relative custodians.
8.20 	(e) For expenditures made on or after January 1, 2015, upon receipt from a local 
8.21 	agency of a claim for reimbursement, the commissioner shall reimburse the local agency as 
8.22 	part of the Northstar Care for Children fiscal reconciliation process under section 256N.27.

8.23 	Sec. 11. Minnesota Statutes 2013 Supplement, section 259.35, subdivision 1, is 
8.24 	amended to read:
8.25 		Subdivision 1.Parental responsibilities. Prior to commencing an investigation 
8.26 	of the suitability of proposed adoptive parents, a child-placing agency shall give the 
8.27 	individuals the following written notice in all capital letters at least one-eighth inch high:
8.28 	"Minnesota Statutes, section sections259.59 and 260C.635, provides provide that 
8.29 	upon legally adopting a child, adoptive parents assume all the rights and responsibilities of 
8.30 	birth parents. The responsibilities include providing for the child's financial support and 
8.31 	caring for health, emotional, and behavioral problems. Except for subsidized adoptions 
8.32 	under Minnesota Statutes, chapter 259A, section 256N.23, or any other provisions of law 
8.33 	that expressly apply to adoptive parents and children, adoptive parents are not eligible for 
8.34 	state or federal financial subsidies besides those that a birth parent would be eligible to 
9.1 	receive for a child. Adoptive parents may not terminate their parental rights to a legally 
9.2 	adopted child for a reason that would not apply to a birth parent seeking to terminate rights 
9.3 	to a child. An individual who takes guardianship of a child for the purpose of adopting the 
9.4 	child shall, upon taking guardianship from the child's country of origin, assume all the 
9.5 	rights and responsibilities of birth and adoptive parents as stated in this paragraph."

9.6 	Sec. 12. Minnesota Statutes 2012, section 259.41, subdivision 1, is amended to read:
9.7 		Subdivision 1.Study required before placement; certain relatives excepted. (a) 
9.8 	An approved adoption study; completed background study, as required under section 
9.9 	245C.33; and written report must be completed before the child is placed in a prospective 
9.10 	adoptive home under this chapter, except as allowed by section 259.47, subdivision 6. 
9.11 	In an agency placement, the report must be filed with the court at the time the adoption 
9.12 	petition is filed. In a direct adoptive placement, the report must be filed with the court in 
9.13 	support of a motion for temporary preadoptive custody under section 259.47, subdivision 
9.14 	3, or, if the study and report are complete, in support of an emergency order under section 
9.15 	259.47, subdivision 6. The study and report shall be completed by a licensed child-placing 
9.16 	agency and must be thorough and comprehensive. The study and report shall be paid for 
9.17 	by the prospective adoptive parent, except as otherwise required under section 256.01, 
9.18 	subdivision 2, paragraph (h), 259.67, or 256N.25,259.73, or 259A.70.
9.19 	(b) A placement for adoption with an individual who is related to the child, as 
9.20 	defined by section 245A.02, subdivision 13, is subject to a background study required 
9.21 	by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the 
9.22 	case of a stepparent adoption, a background study must be completed on the stepparent 
9.23 	and any children as required under subdivision 3, paragraph (b), except that a child of 
9.24 	the stepparent does not need to have a background study complete if they are a sibling 
9.25 	through birth or adoption of the person being adopted. The local social services agency 
9.26 	of the county in which the prospective adoptive parent lives must initiate a background 
9.27 	study unless a child-placing agency has been involved with the adoption. The local social 
9.28 	service agency may charge a reasonable fee for the background study. If a placement is 
9.29 	being made the background study must be completed prior to placement pursuant to 
9.30 	section 259.29, subdivision 1, paragraph (c). Background study results must be filed with 
9.31 	the adoption petition according to section 259.22, except in an adult adoption where an 
9.32 	adoption study and background study are not needed.
9.33 	(c) In the case of a licensed foster parent seeking to adopt a child who is in the foster 
9.34 	parent's care, any portions of the foster care licensing process that duplicate requirements of 
9.35 	the home study may be submitted in satisfaction of the relevant requirements of this section.

10.1 	Sec. 13. Minnesota Statutes 2013 Supplement, section 609B.445, is amended to read:
10.2 	609B.445 CERTAIN CONVICTIONS; PROSPECTIVE ADOPTIVE 
10.3 	PARENTS; DISQUALIFICATION FOR ADOPTION ASSISTANCE.
10.4 	Under section 256N.23, subdivision 4, or259A.10, subdivision 4, a disqualifying 
10.5 	condition for adoption assistance exists if a criminal background check reveals a felony 
10.6 	conviction for child abuse or neglect or spousal abuse; for a crime against children; for 
10.7 	a crime involving violence, including rape, sexual assault, or homicide; or for a felony 
10.8 	conviction within the past five years for physical assault, battery, or a drug-related offense.

10.9 	Sec. 14. REVISOR'S INSTRUCTION.
 10.10 	The revisor of statutes shall change the term "guardianship assistance" to "Northstar 
10.11 	kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to 
10.12 	refer to the program components related to Northstar Care for Children under Minnesota 
10.13 	Statutes, chapter 256N.

10.14 	ARTICLE 2
10.15 	OTHER CHILDREN AND FAMILY SERVICES PROVISIONS

10.16 	Section 1. Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5, 
10.17 	is amended to read:
10.18 		Subd. 5.Special needs. In addition to the state standards of assistance established in 
10.19 	subdivisions 1 to 4, payments are allowed for the following special needs of recipients of 
10.20 	Minnesota supplemental aid who are not residents of a nursing home, a regional treatment 
10.21 	center, or a group residential housing facility.
10.22 	(a) The county agency shall pay a monthly allowance for medically prescribed 
10.23 	diets if the cost of those additional dietary needs cannot be met through some other 
10.24 	maintenance benefit. The need for special diets or dietary items must be prescribed by 
10.25 	a licensed physician. Costs for special diets shall be determined as percentages of the 
10.26 	allotment for a one-person household under the thrifty food plan as defined by the United 
10.27 	States Department of Agriculture. The types of diets and the percentages of the thrifty 
10.28 	food plan that are covered are as follows:
10.29 	(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
10.30 	(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent 
10.31 	of thrifty food plan;
10.32 	(3) controlled protein diet, less than 40 grams and requires special products, 125 
10.33 	percent of thrifty food plan;
11.1 	(4) low cholesterol diet, 25 percent of thrifty food plan;
11.2 	(5) high residue diet, 20 percent of thrifty food plan;
11.3 	(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
11.4 	(7) gluten-free diet, 25 percent of thrifty food plan;
11.5 	(8) lactose-free diet, 25 percent of thrifty food plan;
11.6 	(9) antidumping diet, 15 percent of thrifty food plan;
11.7 	(10) hypoglycemic diet, 15 percent of thrifty food plan; or
11.8 	(11) ketogenic diet, 25 percent of thrifty food plan.
11.9 	(b) Payment for nonrecurring special needs must be allowed for necessary home 
11.10 	repairs or necessary repairs or replacement of household furniture and appliances using 
11.11 	the payment standard of the AFDC program in effect on July 16, 1996, for these expenses, 
11.12 	as long as other funding sources are not available.
11.13 	(c) A fee for guardian or conservator service is allowed at a reasonable rate 
11.14 	negotiated by the county or approved by the court. This rate shall not exceed five percent 
11.15 	of the assistance unit's gross monthly income up to a maximum of $100 per month. If the 
11.16 	guardian or conservator is a member of the county agency staff, no fee is allowed.
11.17 	(d) The county agency shall continue to pay a monthly allowance of $68 for 
11.18 	restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 
11.19 	1990, and who eats two or more meals in a restaurant daily. The allowance must continue 
11.20 	until the person has not received Minnesota supplemental aid for one full calendar month 
11.21 	or until the person's living arrangement changes and the person no longer meets the criteria 
11.22 	for the restaurant meal allowance, whichever occurs first.
11.23 	(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, 
11.24 	is allowed for representative payee services provided by an agency that meets the 
11.25 	requirements under SSI regulations to charge a fee for representative payee services. This 
11.26 	special need is available to all recipients of Minnesota supplemental aid regardless of 
11.27 	their living arrangement.
11.28 	(f)(1) Notwithstanding the language in this subdivision, an amount equal to the 
11.29 	maximum allotment authorized by the federal Food Stamp Program for a single individual 
11.30 	which is in effect on the first day of July of each year will be added to the standards of 
11.31 	assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify 
11.32 	as shelter needy and are: (i) relocating from an institution, or an adult mental health 
11.33 	residential treatment program under section 256B.0622; (ii) eligible for the self-directed 
11.34 	supports option as defined under section 256B.0657, subdivision 2; or (iii) home and 
11.35 	community-based waiver recipients living in their own home or rented or leased apartment 
12.1 	which is not owned, operated, or controlled by a provider of service not related by blood 
12.2 	or marriage, unless allowed under paragraph (g).
12.3 	(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the 
12.4 	shelter needy benefit under this paragraph is considered a household of one. An eligible 
12.5 	individual who receives this benefit prior to age 65 may continue to receive the benefit 
12.6 	after the age of 65.
12.7 	(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that 
12.8 	exceed 40 percent of the assistance unit's gross income before the application of this 
12.9 	special needs standard. "Gross income" for the purposes of this section is the applicant's or 
12.10 	recipient's income as defined in section 256D.35, subdivision 10, or the standard specified 
12.11 	in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or 
12.12 	state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be 
12.13 	considered shelter needy for purposes of this paragraph.
12.14 	(g) Notwithstanding this subdivision, to access housing and services as provided 
12.15 	in paragraph (f), the recipient may choose housing that may be owned, operated, or 
12.16 	controlled by the recipient's service provider. In a multifamily building of more than four 
12.17 	units, the maximum number of units that may be used by recipients of this program shall 
12.18 	be the greater of four units or 25 percent of the units in the building, unless required by the 
12.19 	Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four 
12.20 	or fewer units, all of the units may be used by recipients of this program. When housing is 
12.21 	controlled by the service provider, the individual may choose the individual's own service 
12.22 	provider as provided in section 256B.49, subdivision 23, clause (3). When the housing is 
12.23 	controlled by the service provider, the service provider shall implement a plan with the 
12.24 	recipient to transition the lease to the recipient's name. Within two years of signing the 
12.25 	initial lease, the service provider shall transfer the lease entered into under this subdivision 
12.26 	to the recipient. In the event the landlord denies this transfer, the commissioner may 
12.27 	approve an exception within sufficient time to ensure the continued occupancy by the 
12.28 	recipient. This paragraph expires June 30, 2016.

12.29 	Sec. 2. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
12.30 		Subd. 2a.License required. A county agency may not enter into an agreement with 
12.31 	an establishment to provide group residential housing unless:
12.32 	(1) the establishment is licensed by the Department of Health as a hotel and 
12.33 	restaurant; a board and lodging establishment; a residential care home; a boarding care 
12.34 	home before March 1, 1985; or a supervised living facility, and the service provider 
12.35 	for residents of the facility is licensed under chapter 245A. However, an establishment 
13.1 	licensed by the Department of Health to provide lodging need not also be licensed to 
13.2 	provide board if meals are being supplied to residents under a contract with a food vendor 
13.3 	who is licensed by the Department of Health;
13.4 	(2) the residence is: (i) licensed by the commissioner of human services under 
13.5 	Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services 
13.6 	agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050 
13.7 	to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules, 
13.8 	parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9;
13.9 	 or (iv) licensed by the commissioner as a community residential setting under sections 
13.10 	245D.21 to 245D.26;
13.11 	(3) the establishment is registered under chapter 144D and provides three meals a 
13.12 	day, or is an establishment voluntarily registered under section 144D.025 as a supportive 
13.13 	housing establishment; or
13.14 	(4) an establishment voluntarily registered under section 144D.025, other than 
13.15 	a supportive housing establishment under clause (3), is not eligible to provide group 
13.16 	residential housing.
13.17 	The requirements under clauses (1) to (4) do not apply to establishments exempt 
13.18 	from state licensure because they are located on Indian reservations and subject to tribal 
13.19 	health and safety requirements.

13.20 	ARTICLE 3
13.21 	LICENSING

13.22 	Section 1. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
13.23 	245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT 
13.24 	DEATH IN LICENSED PROGRAMS.
13.25 	(a) When a license holder is placing an infant to sleep, the license holder must place 
13.26 	the infant on the infant's back, unless the license holder has documentation from the 
13.27 	infant's physician directing an alternative sleeping position for the infant. The physician 
13.28 	directive must be on a form approved by the commissioner and must remain on file at the 
13.29 	licensed location. An infant who independently rolls onto its stomach after being placed to 
13.30 	sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least 
13.31 	six months of age or the license holder has a signed statement from the parent indicating 
13.32 	that the infant regularly rolls over at home.
13.33 	(b) The license holder must place the infant in a crib directly on a firm mattress with 
13.34 	a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and 
14.1 	overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of 
14.2 	the sheet with reasonable effort. The license holder must not place anything in the crib with 
14.3 	the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16, 
14.4 	part 1511. The requirements of this section apply to license holders serving infants younger 
14.5 	than one year of age. Licensed child care providers must meet the crib requirements under 
14.6 	section 245A.146. A correction order shall not be issued under this paragraph unless there 
14.7 	is evidence that a violation occurred when an infant was present in the license holder's care.
14.8 	(c) If an infant falls asleep before being placed in a crib, the license holder must 
14.9 	move the infant to a crib as soon as practicable, and must keep the infant within sight of 
14.10 	the license holder until the infant is placed in a crib. When an infant falls asleep while 
14.11 	being held, the license holder must consider the supervision needs of other children in 
14.12 	care when determining how long to hold the infant before placing the infant in a crib to 
14.13 	sleep. The sleeping infant must not be in a position where the airway may be blocked or 
14.14 	with anything covering the infant's face.
14.15 	(d) Placing a swaddled infant down to sleep in a licensed setting is not recommended 
14.16 	for an infant of any age and is prohibited for any infant who has begun to roll over 
14.17 	independently. However, with the written consent of a parent or guardian according to this 
14.18 	paragraph, a license holder may place the infant who has not yet begun to roll over on its 
14.19 	own down to sleep in a one-piece sleeper equipped with an attached system that fastens 
14.20 	securely only across the upper torso, with no constriction of the hips or legs, to create a 
14.21 	swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter, 
14.22 	the license holder must obtain informed written consent for the use of swaddling from the 
14.23 	parent or guardian of the infant on a form provided by the commissioner and prepared in 
14.24 	partnership with the Minnesota Sudden Infant Death Center.
14.25 	(e) A license holder must be able to show a safe sleep space readily available for 
14.26 	each infant present in the license holder's care. Each safe sleep space must meet the 
14.27 	requirements of this subdivision.

14.28 	Sec. 2. [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD 
14.29 	CARE LICENSE HOLDERS.
14.30 	Contractors who serve multiple family child care holders may request that the 
14.31 	county agency maintain a record of:
14.32 	(1) the contractor's background study results as required in section 245C.04, 
14.33 	subdivision 7, to verify that the contractor does not have a disqualification or a 
14.34 	disqualification that has not been set aside, and is eligible to provide direct contact services 
14.35 	in a licensed program; and
15.1 	(2) the contractor's compliance with training requirements.

15.2 	Sec. 3. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is 
15.3 	amended to read:
15.4 		Subd. 5.Sudden unexpected infant death and abusive head trauma training.
 15.5 	(a) License holders must document that before staff persons, caregivers, and helpers 
15.6 	assist in the care of infants, they are instructed on the standards in section 245A.1435 and 
15.7 	receive training on reducing the risk of sudden unexpected infant death. In addition, 
15.8 	license holders must document that before staff persons, caregivers, and helpers assist in 
15.9 	the care of infants and children under school age, they receive training on reducing the 
15.10 	risk of abusive head trauma from shaking infants and young children. The training in this 
15.11 	subdivision may be provided as initial training under subdivision 1 or ongoing annual 
15.12 	training under subdivision 7.
15.13 	(b) Sudden unexpected infant death reduction training required under this subdivision 
15.14 	must be at least one-half hour in length and must be completed in person at least once 
15.15 	every two years. On the years when the license holder is not receiving the in-person 
15.16 	training on sudden unexpected infant death reduction, the license holder must receive 
15.17 	sudden unexpected infant death reduction training through a video of no more than one 
15.18 	hour in length developed or approved by the commissioner., at a minimum, the training 
15.19 	must address the risk factors related to sudden unexpected infant death, means of reducing 
15.20 	the risk of sudden unexpected infant death in child care, and license holder communication 
15.21 	with parents regarding reducing the risk of sudden unexpected infant death.
15.22 	(c) Abusive head trauma training required under this subdivision must be at least 
15.23 	one-half hour in length and must be completed at least once every year., at a minimum, 
15.24 	the training must address the risk factors related to shaking infants and young children, 
15.25 	means of reducing the risk of abusive head trauma in child care, and license holder 
15.26 	communication with parents regarding reducing the risk of abusive head trauma.
15.27 	(d) Training for family and group family child care providers must be developed 
15.28 	by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and 
15.29 	approved by the Minnesota Center for Professional Development. Sudden unexpected 
15.30 	infant death reduction training and abusive head trauma training may be provided in a 
15.31 	single course of no more than two hours in length.
15.32 	(e) Sudden unexpected infant death reduction training and abusive head trauma 
15.33 	training required under this subdivision must be completed in person or as allowed under 
15.34 	subdivision 10, clause (1) or (2), at least once every two years. On the years when the 
15.35 	license holder is not receiving training in person or as allowed under subdivision 10, 
16.1 	clause (1) or (2), the license holder must receive sudden unexpected infant death reduction 
16.2 	training and abusive head trauma training through a video of no more than one hour in 
16.3 	length. The video must be developed or approved by the commissioner.

16.4 	EFFECTIVE DATE. This section is effective January 1, 2015.

16.5 	Sec. 4. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision 
16.6 	to read:
16.7 		Subd. 7.Current or prospective contractors serving multiple family child care 
16.8 	license holders. Current or prospective contractors who are required to have a background 
16.9 	study under section 245C.03, subdivision 1, who provide services for multiple family 
16.10 	child care license holders in a single county, and will have direct contact with children 
16.11 	served in the family child care setting, are required to have only one background study 
16.12 	which is transferable to all family child care programs in that county if:
16.13 	(1) the county agency maintains a record of the contractor's background study results 
16.14 	which verify the contractor is approved to have direct contact with children receiving 
16.15 	services;
16.16 	(2) the license holder contacts the county agency and obtains notice that the current 
16.17 	or prospective contractor is in compliance with background study requirements and 
16.18 	approved to have direct contact with children receiving services; and
16.19 	(3) the contractor's background study is repeated every two years.