1.1 	A bill for an act
1.2 	relating to state government; restructuring councils representing certain ethnic 
1.3 	communities; creating a Department of Ethnic Affairs to strengthen three of the 
1.4 	ethnic councils; transferring the ombudsperson program for families and children 
1.5 	into the Department of Ethnic Affairs; appropriating money;amending Minnesota 
1.6 	Statutes 2014, section 15.01; proposing coding for new law in Minnesota 
1.7 	Statutes, chapter 3; proposing coding for new law as Minnesota Statutes, 
1.8 	chapter 16F; repealing Minnesota Statutes 2014, sections 3.9223; 3.9225; 
1.9 	3.9226, subdivisions 1, 2, 3, 4, 5, 6, 7; 257.0755; 257.076; 257.0761; 257.0762; 
1.10 	257.0763; 257.0764; 257.0765; 257.0766; 257.0767; 257.0768; 257.0769.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	ARTICLE 1
1.13 	DEPARTMENT OF ETHNIC AFFAIRS

1.14 	Section 1. Minnesota Statutes 2014, section 15.01, is amended to read:
1.15 	15.01 DEPARTMENTS OF THE STATE.
1.16 	The following agencies are designated as the departments of the state government: 
1.17 	the Department of Administration; the Department of Agriculture; the Department of 
1.18 	Commerce; the Department of Corrections; the Department of Education; the Department 
1.19 	of Employment and Economic Development; the Department of Health; the Department 
1.20 	of Human Rights; the Department of Labor and Industry; the Department of Management 
1.21 	and Budget; the Department of Military Affairs; the Department of Natural Resources; 
1.22 	the Department of Public Safety; the Department of Human Services; the Department of 
1.23 	Revenue; the Department of Transportation; the Department of Veterans Affairs; the 
1.24 	Department of Ethnic Affairs; and their successor departments.

1.25 	EFFECTIVE DATE. This section is effective October 30, 2015.

2.1 	Sec. 2. [16F.01] DEPARTMENT OF ETHNIC AFFAIRS.
2.2 		Subdivision 1.Creation; purpose. The Department of Ethnic Affairs is referred to 
2.3 	in this chapter as "department." The department is established to provide a voice to ethnic 
2.4 	minorities residing in the state on policy relating to subjects including, but not limited 
2.5 	to, education, health and human services, housing, employment, civil rights, corrections, 
2.6 	public safety, and economic development, as follows: 
2.7 	(1) the purpose of the department is to be the central coordinating body for 
2.8 	discussion and study of state policy affecting people of color in the state; 
2.9 	(2) the department is responsible for gathering, analyzing, proposing, and tracking 
2.10 	legislation that will improve the quality of life of people of color in the state; 
2.11 	(3) the Department of Ethnic Affairs is created to assist the executive and legislative 
2.12 	branches of government in identifying organizational practices, systemic policies, rules, 
2.13 	contract policies, and hiring policies to address long-standing inequities that generate 
2.14 	segregation and persistent disparities in Minnesota; and
2.15 	(4) improving interagency coordination and information sharing to strengthen 
2.16 	state agency capacity and accountability to help ensure the effective implementation of 
2.17 	government efforts to promote racial and ethnic equality and advance the rights of people 
2.18 	of color.
2.19 		Subd. 2.Executive directors. The department shall have the following six coequal 
2.20 	agency heads:
2.21 	(1) three executive directors, appointed by the governor and confirmed by the 
2.22 	senate, as follows:
2.23 	(i) one person who is versed on issues that impact Black people in Minnesota, to 
2.24 	serve as a liaison to Black Minnesotans;
2.25 	(ii) one person who is versed on issues that impact Latino-Hispanic people in 
2.26 	Minnesota, to serve as a liaison to Latino-Hispanic Minnesotans; and
2.27 	(iii) one person who is versed on issues that impact Asian-Pacific people in 
2.28 	Minnesota, to serve as a liaison to Asian-Pacific Minnesotans; and
2.29 	(2) three ombudspersons, appointed as provided in section 16F.050.
2.30 	Each executive director must be a person who is of the community the director 
2.31 	represents. In selecting each executive director, the governor must seek and consider input 
2.32 	from each respective community as reflected by recommendations of the commissions 
2.33 	on director selection under section 16F.03.
2.34 		Subd. 3.Director terms. The terms of each director shall be six years and until 
2.35 	the director's successor has been appointed and confirmed by the senate. The governor 
2.36 	may remove a director for cause, after notice and hearing. In the case of a vacancy, the 
3.1 	governor shall appoint, subject to senate confirmation, a person to fill the vacancy for the 
3.2 	remainder of the unexpired term considering nominees recommended by the relevant 
3.3 	commission on executive director selection under section 16F.03.
3.4 		Subd. 4.Duties. Each executive director shall perform the following duties:
3.5 	(1) coordinate with each state agency and organization that receives state funds 
3.6 	about the legislative priorities of each agency and organization;
3.7 	(2) coordinate with each state department to ensure that communities of color are 
3.8 	informed about new legislative initiatives; requests for proposals; implementation of 
3.9 	existing policies, including rulemaking and board appointments; and other measures 
3.10 	impacting the community;
3.11 	(3) develop practical methods to inform the community about resources and 
3.12 	opportunities available to the community the executive director represents, including 
3.13 	hosting a Web site and issuing periodic newsletters;
3.14 	(4) gather and coordinate statistical data to propose new policy to improve outcomes 
3.15 	for the community;
3.16 	(5) annually identify a set of legislative priorities and report these priorities by 
3.17 	November 1 of each year to the legislature, governor, and the public;
3.18 	(6) identify, analyze, and track legislation to determine whether it particularly affects 
3.19 	the community that the executive director represents;
3.20 	(7) testify at legislative committee hearings, as permitted by committee chairs, on 
3.21 	legislation addressing issues of priority confronting the community as identified in the 
3.22 	legislative planning report under subdivision 11;
3.23 	(8) propose legislation and amendments to legislation to reduce detrimental effects 
3.24 	or to improve outcomes resulting from the legislation for the community the executive 
3.25 	director represents, and make best efforts to find a legislator in each body to introduce 
3.26 	the proposed legislation, or a legislator that serves on relevant legislative committees to 
3.27 	offer amendments; 
3.28 	(9) partner with state agencies and other organizations to collect and disseminate 
3.29 	demographic information;
3.30 	(10) to the extent practical, strive to create networks among ethnic minorities; and
3.31 	(11) on topics relating to children, coordinate with the ombudsperson appointed 
3.32 	under section 16F.050 who represents the same community.
3.33 		Subd. 5.Additional duty of the executive director representing Black 
3.34 	Minnesotans. The executive director representing Black people in Minnesota shall 
3.35 	review data provided by the commissioner of human services under section 260C.215, 
3.36 	subdivision 5, and present recommendations on the out-of-home placement of Black 
4.1 	children. Recommendations must be presented to the commissioner of human services 
4.2 	and the legislature by November 1 of each year thereafter.
4.3 		Subd. 6.Contracts and grants. The department may enter into contracts for 
4.4 	goods or services with public or private organizations, but may not accept or receive a 
4.5 	loan or incur indebtedness, except as otherwise provided by law. The department may 
4.6 	apply for, receive, and expend grants and gifts of money consistent with the powers and 
4.7 	duties specified in this section.
4.8 		Subd. 7.Administrative support; agency partnerships. The department shall 
4.9 	receive administrative support from the commissioner of administration under section 
4.10 	16B.371. Other state agencies shall supply the department upon request with advisory staff 
4.11 	services on matters relating to the duties of the department. The department shall cooperate 
4.12 	and coordinate its activities with other state agencies to the highest possible degree.
4.13 		Subd. 8.Staff. The executive directors and ombudspersons may hire staff necessary 
4.14 	to carry out the department's duties. Staff members serve in the unclassified service.
4.15 		Subd. 9.Preliminary policy planning report. Each executive director shall submit 
4.16 	a planning report to the governor and to the chairs and ranking minority members of the 
4.17 	committees in the senate and the house of representatives with primary jurisdiction over 
4.18 	state government operations by November 15 of each year. The planning report shall 
4.19 	identify issues of priority confronting the community that the executive director represents, 
4.20 	make recommendations to address issues, and list the specific steps the department will 
4.21 	take to partner with the executive and legislative branches to address those issues.
4.22 		Subd. 10.Session report. By February 1 of each year, each executive director 
4.23 	shall submit a session report to the governor and to the chairs and ranking minority 
4.24 	members of the committees in the senate and the house of representatives with primary 
4.25 	jurisdiction over state government operations. The session report shall identify priority 
4.26 	issues impacting each ethnic minority individually or collectively. The preliminary report 
4.27 	must also identify specific policy measures to address the issues raised. The report 
4.28 	in the odd-numbered year must address the first ten bills introduced in the house of 
4.29 	representatives and the senate in that year.
4.30 		Subd. 11.Results report. Each executive director shall submit a results report to the 
4.31 	governor and to the chairs and ranking minority members of the committees in the senate 
4.32 	and the house of representatives with primary jurisdiction over state government operations 
4.33 	by September 15 of each year. The results report shall summarize the activities of the 
4.34 	department since its last report, list receipts and expenditures, and describe its success in 
4.35 	meeting the objectives listed in the planning report and the session report of the prior year.

4.36 	EFFECTIVE DATE. This section is effective October 30, 2015.

5.1 	Sec. 3. [16F.03] COMMISSIONS ON EXECUTIVE DIRECTOR SELECTION.
5.2 		Subdivision 1.Commission established; members. Three commissions are 
5.3 	established to select the three executive directors for the Department of Ethnic Affairs, 
5.4 	under section 16F.01, subdivision 2. Each commission on executive director selection 
5.5 	is composed of the following members:
5.6 	(1) to select the executive director representing Latino-Hispanic Minnesotans, 13 
5.7 	members of Latino-Hispanic descent, appointed by the governor, one from each of the 
5.8 	state's congressional districts and five at-large;
5.9 	(2) to select the executive director representing Black Minnesotans, 13 members 
5.10 	appointed by the governor, one from each of the state's congressional districts and five 
5.11 	at-large, who are broadly representative of the Black community of the state; and
5.12 	(3) to select the executive director representing Asian-Pacific Minnesotans, 13 
5.13 	members appointed by the governor, one from each of the state's congressional districts 
5.14 	and five at-large, who are broadly representative of the Asian-Pacific community of 
5.15 	people whose ethnic heritage is from any of the countries in Asia east of, and including, 
5.16 	Afghanistan or the Pacific Islands.
5.17 		Subd. 2.Terms; vacancies; chair. Commission members are appointed to 
5.18 	one six-year term. If a vacancy occurs on a commission, the governor shall appoint 
5.19 	an individual to fill the vacancy for the unexpired term who is from the same state 
5.20 	congressional district as the vacating member. The governor will designate one member 
5.21 	of each commission to serve as chair.
5.22 		Subd. 3.Recruitment process. Each commission shall prepare and make available 
5.23 	to the public the process and timeline the commission will follow in recruiting and 
5.24 	evaluating candidates to fill vacancies. Each commission shall actively seek out and 
5.25 	encourage qualified individuals to apply for the position of executive director.
5.26 		Subd. 4.Candidate evaluation. Each commission shall evaluate the extent to which 
5.27 	candidates have the following qualifications: experience with the legislative process, 
5.28 	experience developing and implementing public policy, expertise in consensus-building 
5.29 	across the community they seek to represent, and versed on issues that impact the ethnic 
5.30 	community the candidate would represent. In addition, the candidate must be of the 
5.31 	community the candidate would represent. The commission shall solicit, in writing, 
5.32 	recommendations from community organizations and associations.
5.33 		Subd. 5.Commission meetings; notice; time. Within 30 days after a vacancy in an 
5.34 	executive director position occurs or the governor has been notified that a vacancy will 
5.35 	occur on a named date, the governor shall give notice of the vacancy to the chair of the 
5.36 	Commission on Executive Director Selection. The chair shall convene a meeting of the 
6.1 	commission to consider the candidates for the vacancy not less than 30 days nor more than 
6.2 	45 days after the governor provides notification of the vacancy.
6.3 		Subd. 6.Notice to public. Upon receiving notice from the governor that a vacancy 
6.4 	has occurred or will occur on a specified date, the chair shall provide notice of the 
6.5 	following information:
6.6 	(1) the office that is or will be vacant;
6.7 	(2) that applications from qualified persons or on behalf of qualified persons are 
6.8 	being accepted by the commission;
6.9 	(3) that application forms may be obtained from the governor or the commission 
6.10 	at a named address; and
6.11 	(4) that application forms must be returned to the commission by a named date.
6.12 		Subd. 7.Nominees to governor. Within 60 days after the receipt of a notice of a 
6.13 	vacancy, the commission shall recommend to the governor no fewer than three and no 
6.14 	more than five nominees for executive director. The names of the nominees must be 
6.15 	made public. The governor may fill the vacancy from the nominees recommended by 
6.16 	the commission. If the governor declines to select a nominee to fill the vacancy from 
6.17 	the list of nominees, or if no list is submitted to the governor under this subdivision, 
6.18 	the governor may select a person to fill the vacancy without regard to the commission's 
6.19 	recommendation. If fewer than 60 days remain in the term of office of a governor who 
6.20 	will not succeed to another term, the governor may fill a vacancy without waiting for the 
6.21 	commission to recommend a list of nominees.
6.22 		Subd. 8.Commission meetings and data. Meetings of the commission may be 
6.23 	closed to discuss the candidates.

6.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.25 	Sec. 4. TRANSFER OF AUTHORITY.
 6.26 	Minnesota Statutes, section 15.039, applies to the transfer of the responsibilities, 
6.27 	unexpended funds, personnel other than executive directors, and property of the Council 
6.28 	on Affairs of Chicano-Latino People under Minnesota Statutes, section 3.9223; the 
6.29 	Council on Black Minnesotans under Minnesota Statutes, section 3.9225; and the 
6.30 	Council on Asian-Pacific Minnesotans under Minnesota Statutes, section 3.9226, to the 
6.31 	Department of Ethnic Affairs under Minnesota Statutes, section 16F.01.

6.32 	EFFECTIVE DATE. This section is effective October 30, 2015.

6.33 	Sec. 5. FIRST APPOINTMENTS.
 7.1 	The governor shall appoint all governor-appointed members to the commissions on 
7.2 	executive director selection under Minnesota Statutes, section 16F.03, by July 31, 2015. 
7.3 	The commissions shall make recommendations for executive director to the governor 
7.4 	by September 30, 2015. The governor shall appoint the four executive directors under 
7.5 	Minnesota Statutes, section 16F.01, by October 30, 2015.

7.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.7 	Sec. 6. REVISOR'S INSTRUCTION.
 7.8 	Within the chapters or sections governing each department, agency, and organization 
7.9 	receiving funding from the state, add the following: "The department or agency or 
7.10 	organization is required to coordinate its legislative priorities with the Department of 
7.11 	Ethnic Affairs." Within the chapters governing each department, add the following: 
7.12 	"The department must coordinate with the Department of Ethnic Affairs to ensure that 
7.13 	communities of color are informed about new legislative initiatives; announcements of 
7.14 	requests for proposals; implementation of existing policies, such as rulemaking, board 
7.15 	appointments, and vacancies; and other measures that impact people of color."

7.16 	EFFECTIVE DATE. This section is effective October 30, 2015.

7.17 	Sec. 7.  REPEALER.
 7.18 	Minnesota Statutes 2014, sections 3.9223; 3.9225; and 3.9226, subdivisions 1, 
7.19 	2, 3, 4, 5, 6, and 7, are repealed.

7.20 	EFFECTIVE DATE. This article is effective October 30, 2015.

7.21 	ARTICLE 2
7.22 	OMBUDSPERSONS

7.23 	Section 1. [16F.050] OMBUDSPERSONS FOR FAMILIES; QUALIFICATIONS; 
7.24 	FUNCTION.
7.25 		Subdivision 1.Selection; qualifications. One ombudsperson for each of the 
7.26 	following communities shall be appointed by the governor: Black Minnesotans; 
7.27 	Latino-Hispanic Minnesotans; and Asian-Pacific Minnesotans. Each ombudsperson 
7.28 	serves in the unclassified service at the pleasure of the governor and may be removed 
7.29 	only for just cause. Each ombudsperson must be selected without regard to political 
7.30 	affiliation, and shall be a person highly competent and qualified to analyze questions of 
7.31 	law, administration, and public policy regarding the protection and placement of children 
8.1 	from families of color. In addition, the ombudsperson must be experienced in dealing with 
8.2 	communities of color and knowledgeable about the needs of those communities. No 
8.3 	individual may serve as ombudsperson while holding any other public office.
8.4 		Subd. 2.Appropriation. Money appropriated for each ombudsperson from the 
8.5 	general fund or the special fund authorized by section 256.01, subdivision 2, paragraph 
8.6 	(o), is under the control of each ombudsperson for which it is appropriated.

8.7 	Sec. 2. [16F.051] DEFINITIONS.
8.8 		Subdivision 1.Scope. For the purposes of sections 16F.050  to 16F.061, the 
8.9 	following terms shall have the meanings given them in this section.
8.10 		Subd. 2.Agency. "Agency" means the divisions, officials, or employees of the state 
8.11 	Departments of Human Services and Health and local district courts or a designated 
8.12 	county social service agency as defined in section 256G.02, subdivision 7, engaged in 
8.13 	providing child protection and placement services for children. Agency also means 
8.14 	any individual, service, or program providing child protection or placement services in 
8.15 	coordination with or under contract to any other entity specified in this subdivision.
8.16 		Subd. 3.Communities of color. "Communities of color" means the following: 
8.17 	Hispanic-Latino, Asian-Pacific, African, and African-American communities.
8.18 		Subd. 4.Compadrazgo. "Compadrazgo" is a kinship institution within the 
8.19 	Hispanic-Latino community used as a means of parenting and caring for children from 
8.20 	birth to adulthood.
8.21 		Subd. 5.Family of color. "Family of color" means any family with a child under 
8.22 	the age of 18 who is identified by one or both parents or another trusted adult to be of 
8.23 	Hispanic-Latino, Asian-Pacific, African, or African-American descent.
8.24 		Subd. 6.Facility. "Facility" means any entity required to be licensed under chapter 
8.25 	245A.
8.26 		Subd. 7.Trusted adult. "Trusted adult" means an individual recognized by the 
8.27 	child's parent or legal guardian, the child's community, or both, as speaking for the child's 
8.28 	best interest. The term includes compadrazgo and other individuals with a kinship or 
8.29 	community relationship with the child.

8.30 	Sec. 3. [16F.054] OMBUDSPERSONS STAFF.
8.31 		Subdivision 1.Staff; unclassified status; retirement. The ombudsperson for 
8.32 	each community of color may select, appoint, and compensate out of available funds 
8.33 	the assistants and employees as deemed necessary to discharge responsibilities. All 
8.34 	employees, except the secretarial and clerical staff, shall serve at the pleasure of the 
9.1 	ombudsperson in the unclassified service. The ombudsperson and full-time staff shall be 
9.2 	members of the Minnesota State Retirement System.
9.3 		Subd. 2.Delegation to staff. The ombudsperson may delegate to staff members 
9.4 	any of the ombudsperson's authority or duties except the duty of formally making 
9.5 	recommendations to an administrative agency or reports to the governor, or to the 
9.6 	legislature.

9.7 	Sec. 4. [16F.055] DUTIES AND POWERS.
9.8 		Subdivision 1.Duties. (a) Each ombudsperson shall monitor agency compliance 
9.9 	with all laws governing child protection and placement, as they impact on children of 
9.10 	color. In particular, the ombudsperson shall monitor agency compliance with sections 
9.11 	260C.215; 260.751 to 260.835; and 260C.193, subdivision 3.
9.12 	(b) The ombudsperson shall work with local state courts to ensure that:
9.13 	(1) court officials, public policy makers, and service providers are trained in cultural 
9.14 	diversity. The ombudsperson shall document and monitor court activities in order to 
9.15 	heighten awareness of diverse belief systems and family relationships;
9.16 	(2) experts from the appropriate community of color including tribal advocates are 
9.17 	used as court advocates and are consulted in placement decisions that involve children 
9.18 	of color;
9.19 	(3) guardians ad litem and other individuals from communities of color are recruited, 
9.20 	trained, and used in court proceedings to advocate on behalf of children of color; and
9.21 	(4) training programs for bilingual workers are provided.
9.22 		Subd. 2.Powers. Each ombudsperson has the authority to investigate decisions, 
9.23 	acts, and other matters of an agency, program, or facility providing protection or placement 
9.24 	services to children of color. In carrying out this authority and the duties in subdivision 
9.25 	1, each ombudsperson has the power to:
9.26 	(1) prescribe the methods by which complaints are to be made, reviewed, and acted 
9.27 	upon;
9.28 	(2) determine the scope and manner of investigations to be made;
9.29 	(3) investigate, upon a complaint or upon personal initiative, any action of any 
9.30 	agency;
9.31 	(4) request and be given access to any information in the possession of any agency 
9.32 	deemed necessary for the discharge of responsibilities. The ombudsperson is authorized to 
9.33 	set reasonable deadlines within which an agency must respond to requests for information. 
9.34 	Data obtained from any agency under this clause shall retain the classification which it 
10.1 	had under section 13.02 and shall be maintained and disseminated by the ombudsperson 
10.2 	according to chapter 13;
10.3 	(5) examine the records and documents of an agency;
10.4 	(6) enter and inspect, during normal business hours, premises within the control 
10.5 	of an agency; and
10.6 	(7) subpoena any agency personnel to appear, testify, or produce documentary or 
10.7 	other evidence which the ombudsperson deems relevant to a matter under inquiry, and 
10.8 	may petition the appropriate state court to seek enforcement with the subpoena; provided, 
10.9 	however, that any witness at a hearing or before an investigation as herein provided, shall 
10.10 	possess the same privileges reserved to such a witness in the courts or under the laws of 
10.11 	this state. The ombudsperson may compel nonagency individuals to testify or produce 
10.12 	evidence according to procedures developed by the advisory board.

10.13 	Sec. 5. [16F.056] MATTERS APPROPRIATE FOR REVIEW.
10.14 	(a) In selecting matters for review, an ombudsperson should give particular attention 
10.15 	to actions of an agency, facility, or program that:
10.16 	(1) may be contrary to law or rule;
10.17 	(2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of 
10.18 	an agency, facility, or program;
10.19 	(3) may result in abuse or neglect of a child;
10.20 	(4) may disregard the rights of a child or other individual served by an agency 
10.21 	or facility; or
10.22 	(5) may be unclear or inadequately explained, when reasons should have been 
10.23 	revealed.
10.24 	(b) An ombudsperson shall, in selecting matters for review, inform other interested 
10.25 	agencies in order to avoid duplicating other investigations or regulatory efforts, including 
10.26 	activities undertaken by a tribal organization under the authority of sections 260.751 to 
10.27 	260.835.

10.28 	Sec. 6. [16F.057] COMPLAINTS.
10.29 	An ombudsperson may receive a complaint from any source concerning an action of 
10.30 	an agency, facility, or program. After completing a review, the ombudsperson shall inform 
10.31 	the complainant, agency, facility, or program. Services to a child shall not be unfavorably 
10.32 	altered as a result of an investigation or complaint. An agency, facility, or program shall not 
10.33 	retaliate or take adverse action, as defined in section 626.556, subdivision 4a, paragraph (c), 
10.34 	against an individual who, in good faith, makes a complaint or assists in an investigation.

11.1 	Sec. 7. [16F.058] RECOMMENDATIONS TO AGENCY.
11.2 	(a) If, after reviewing a complaint or conducting an investigation and considering 
11.3 	the response of an agency, facility, or program and any other pertinent material, the 
11.4 	ombudsperson determines that the complaint has merit or the investigation reveals a 
11.5 	problem, the ombudsperson may recommend that the agency, facility, or program:
11.6 	(1) consider the matter further;
11.7 	(2) modify or cancel its actions;
11.8 	(3) alter a rule, order, or internal policy;
11.9 	(4) explain more fully the action in question; or
11.10 	(5) take other action as authorized under section 257.0762.
11.11 	(b) At the ombudsperson's request, the agency, facility, or program shall, within a 
11.12 	reasonable time, inform the ombudsperson about the action taken on the recommendation 
11.13 	or the reasons for not complying with it.

11.14 	Sec. 8. [16F.059] RECOMMENDATIONS AND PUBLIC REPORTS.
11.15 		Subdivision 1.Specific reports. An ombudsperson may send conclusions and 
11.16 	suggestions concerning any matter reviewed to the governor and shall provide copies of all 
11.17 	reports to the executive director. Before making public a conclusion or recommendation 
11.18 	that expressly or implicitly criticizes an agency, facility, program, or any person, the 
11.19 	ombudsperson shall inform the governor and the affected agency, facility, program, or 
11.20 	person concerning the conclusion or recommendation. When sending a conclusion or 
11.21 	recommendation to the governor that is adverse to an agency, facility, program, or any 
11.22 	person, the ombudsperson shall include any statement of reasonable length made by 
11.23 	that agency, facility, program, or person in defense or mitigation of the ombudsperson's 
11.24 	conclusion or recommendation.
11.25 		Subd. 2.General reports. In addition to whatever conclusions or recommendations 
11.26 	the ombudsperson may make to the governor on an ad hoc basis, the ombudsperson shall at 
11.27 	the end of each year report to the governor concerning the exercise of the ombudsperson's 
11.28 	functions during the preceding year.

11.29 	Sec. 9. [16F.060] CIVIL ACTIONS.
11.30 	The ombudsperson and designees are not civilly liable for any action taken under 
11.31 	sections 16F.050 to 16F.061 if the action was taken in good faith, was within the scope of 
11.32 	the ombudsperson's authority, and did not constitute willful or reckless misconduct.

11.33 	Sec. 10. [16F.061] FUNDING FOR THE OMBUDSPERSON PROGRAM.
12.1 		Subdivision 1.Appropriations.  Three-quarters of the money in the special 
12.2 	fund authorized by section 256.01, subdivision 2, paragraph (o), is appropriated to the 
12.3 	Department of Ethnic Affairs for the purposes of section 16F.055.
12.4 		Subd. 2.Title IV-E reimbursement. The department shall obtain federal title IV-E 
12.5 	financial participation for eligible activity by the ombudspersons for families under section 
12.6 	16F.050. The ombudsperson for families shall maintain and transmit to the Department of 
12.7 	Human Services documentation that is necessary in order to obtain federal funds.

12.8 	Sec. 11. TRANSFER OF AUTHORITY.
 12.9 	Minnesotas Statutes, section 15.039, applies to the transfer of responsibilities, 
12.10 	unexpended funds, personnel, and property under the control of the ombudspersons 
12.11 	for Chicano-Latino people, Black Minnesotans, and Asian-Pacific Minnesotans under 
12.12 	Minnesota Statutes, chapter 257, to the Department of Ethnic Affairs under Minnesota 
12.13 	Statutes, section 16F.01.

12.14 	Sec. 12.  REPEALER.
 12.15 	Minnesota Statutes 2014, sections 257.0755; 257.076; 257.0761; 257.0762; 
12.16 	257.0763; 257.0764; 257.0765; 257.0766; 257.0767; 257.0768; and 257.0769, are 
12.17 	repealed.

12.18 	EFFECTIVE DATE. This article is effective October 30, 2015.

12.19 	ARTICLE 3
12.20 	OMBUDSPERSON FOR AMERICAN INDIAN FAMILIES

12.21 	Section 1. [3.9281] OMBUDSPERSON; CREATION; QUALIFICATIONS; 
12.22 	FUNCTION.
12.23 	An ombudsperson for American Indian families shall be selected by the governor. 
12.24 	The ombudsperson serves in the unclassified service at the pleasure of the governor 
12.25 	and may be removed only for just cause. The ombudsperson must be selected without 
12.26 	regard to political affiliation and shall be a person highly competent and qualified to 
12.27 	analyze questions of law, administration, and public policy regarding the protection and 
12.28 	placement of children from American Indian families. In addition, the ombudsperson 
12.29 	must be experienced in dealing with American Indians and knowledgeable about the 
12.30 	needs of those communities. No individual may serve as ombudsperson while holding 
12.31 	any other public office.

13.1 	Sec. 2. [3.9282] DEFINITIONS.
13.2 		Subdivision 1.Scope. For the purposes of sections 257.0755 to 257.0768, the 
13.3 	following terms shall have the meanings given them in this section.
13.4 		Subd. 2.Agency. "Agency" means the divisions, officials, or employees of the state 
13.5 	Departments of Human Services and Health and local district courts or a designated 
13.6 	county social service agency as defined in section 256G.02, subdivision 7, engaged in 
13.7 	providing child protection and placement services for children. Agency also means 
13.8 	any individual, service, or program providing child protection or placement services in 
13.9 	coordination with or under contract to any other entity specified in this subdivision.
13.10 		Subd. 3.Family of American Indians. "Family of American Indians" means any 
13.11 	family with a child under the age of 18 who is identified by one or both parents or another 
13.12 	trusted adult to be of American Indian descent.
13.13 		Subd. 4.Facility. "Facility" means any entity required to be licensed under chapter 
13.14 	245A.
13.15 		Subd. 5.Trusted adult. "Trusted adult" means an individual recognized by the 
13.16 	child's parent or legal guardian, the child's community, or both, as speaking for the child's 
13.17 	best interest. The term includes compadrazgo and other individuals with a kinship or 
13.18 	community relationship with the child.

13.19 	Sec. 3. [3.9283] OMBUDSPERSON STAFF.
13.20 		Subdivision 1.Staff; unclassified status; retirement. The ombudsperson for 
13.21 	American Indian families may select, appoint, and compensate out of available funds 
13.22 	the assistants and employees as deemed necessary to discharge responsibilities. All 
13.23 	employees, except the secretarial and clerical staff, shall serve at the pleasure of the 
13.24 	ombudsperson in the unclassified service. The ombudsperson and full-time staff shall be 
13.25 	members of the Minnesota State Retirement Association.
13.26 		Subd. 2.Delegation to staff. The ombudsperson may delegate to staff members 
13.27 	any of the ombudsperson's authority or duties except the duty of formally making 
13.28 	recommendations to an administrative agency or reports to the Office of the Governor, 
13.29 	or to the legislature.

13.30 	Sec. 4. [3.9284] DUTIES AND POWERS.
13.31 		Subdivision 1.Duties. (a) The ombudsperson shall monitor agency compliance with 
13.32 	all laws governing child protection and placement, as they impact on children of color. In 
13.33 	particular, the ombudsperson shall monitor agency compliance with sections 260.751 to 
13.34 	260.835; 260C.193, subdivision 3; and 260C.215.
14.1 	(b) The ombudsperson shall work with local state courts to ensure that:
14.2 	(1) court officials, public policy makers, and service providers are trained in cultural 
14.3 	diversity. The ombudsperson shall document and monitor court activities in order to 
14.4 	heighten awareness of diverse belief systems and family relationships;
14.5 	(2) experts from the appropriate community of color including tribal advocates are 
14.6 	used as court advocates and are consulted in placement decisions that involve American 
14.7 	Indian children;
14.8 	(3) guardians ad litem and other individuals from American Indian communities 
14.9 	are recruited, trained, and used in court proceedings to advocate on behalf of American 
14.10 	Indian children; and
14.11 	(4) training programs for bilingual workers are provided.
14.12 		Subd. 2.Powers. Each ombudsperson has the authority to investigate decisions, 
14.13 	acts, and other matters of an agency, program, or facility providing protection or 
14.14 	placement services to American Indian children. In carrying out this authority and the 
14.15 	duties in subdivision 1, each ombudsperson has the power to:
14.16 	(1) prescribe the methods by which complaints are to be made, reviewed, and acted 
14.17 	upon;
14.18 	(2) determine the scope and manner of investigations to be made;
14.19 	(3) investigate, upon a complaint or upon personal initiative, any action of any 
14.20 	agency;
14.21 	(4) request and be given access to any information in the possession of any agency 
14.22 	deemed necessary for the discharge of responsibilities. The ombudsperson is authorized to 
14.23 	set reasonable deadlines within which an agency must respond to requests for information. 
14.24 	Data obtained from any agency under this clause shall retain the classification which it 
14.25 	had under section 13.02 and shall be maintained and disseminated by the ombudsperson 
14.26 	according to chapter 13;
14.27 	(5) examine the records and documents of an agency;
14.28 	(6) enter and inspect, during normal business hours, premises within the control 
14.29 	of an agency; and
14.30 	(7) subpoena any agency personnel to appear, testify, or produce documentary or 
14.31 	other evidence which the ombudsperson deems relevant to a matter under inquiry, and 
14.32 	may petition the appropriate state court to seek enforcement with the subpoena; provided, 
14.33 	however, that any witness at a hearing or before an investigation as herein provided, shall 
14.34 	possess the same privileges reserved to such a witness in the courts or under the laws of 
14.35 	this state. The ombudsperson may compel nonagency individuals to testify or produce 
14.36 	evidence according to procedures developed by the advisory board.

15.1 	Sec. 5. [3.9285] MATTERS APPROPRIATE FOR REVIEW.
15.2 	(a) In selecting matters for review, an ombudsperson should give particular attention 
15.3 	to actions of an agency, facility, or program that:
15.4 	(1) may be contrary to law or rule;
15.5 	(2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of 
15.6 	an agency, facility, or program;
15.7 	(3) may result in abuse or neglect of a child;
15.8 	(4) may disregard the rights of a child or other individual served by an agency 
15.9 	or facility; or
15.10 	(5) may be unclear or inadequately explained, when reasons should have been 
15.11 	revealed.
15.12 	(b) An ombudsperson shall, in selecting matters for review, inform other interested 
15.13 	agencies in order to avoid duplicating other investigations or regulatory efforts, including 
15.14 	activities undertaken by a tribal organization under the authority of sections 260.751 to 
15.15 	260.835.

15.16 	Sec. 6. [3.9286] COMPLAINTS.
15.17 	An ombudsperson may receive a complaint from any source concerning an action of 
15.18 	an agency, facility, or program. After completing a review, the ombudsperson shall inform 
15.19 	the complainant, agency, facility, or program. Services to a child shall not be unfavorably 
15.20 	altered as a result of an investigation or complaint. An agency, facility, or program shall not 
15.21 	retaliate or take adverse action, as defined in section 626.556, subdivision 4a, paragraph (c), 
15.22 	against an individual who, in good faith, makes a complaint or assists in an investigation.

15.23 	Sec. 7. [3.9287] RECOMMENDATIONS TO AGENCY.
15.24 	(a) If, after reviewing a complaint or conducting an investigation and considering 
15.25 	the response of an agency, facility, or program and any other pertinent material, the 
15.26 	ombudsperson determines that the complaint has merit or the investigation reveals a 
15.27 	problem, the ombudsperson may recommend that the agency, facility, or program:
15.28 	(1) consider the matter further;
15.29 	(2) modify or cancel its actions;
15.30 	(3) alter a rule, order, or internal policy;
15.31 	(4) explain more fully the action in question; or
15.32 	(5) take other action as authorized under section 257.0762.
16.1 	(b) At the ombudsperson's request, the agency, facility, or program shall, within a 
16.2 	reasonable time, inform the ombudsperson about the action taken on the recommendation 
16.3 	or the reasons for not complying with it.

16.4 	Sec. 8. [3.9288] RECOMMENDATIONS AND PUBLIC REPORTS.
16.5 		Subdivision 1.Specific reports. An ombudsperson may send conclusions and 
16.6 	suggestions concerning any matter reviewed to the governor and shall provide copies of all 
16.7 	reports to the advisory board and to the groups specified in section 257.0768, subdivision 
16.8 	1. Before making public a conclusion or recommendation that expressly or implicitly 
16.9 	criticizes an agency, facility, program, or any person, the ombudsperson shall inform the 
16.10 	governor and the affected agency, facility, program, or person concerning the conclusion 
16.11 	or recommendation. When sending a conclusion or recommendation to the governor that 
16.12 	is adverse to an agency, facility, program, or any person, the ombudsperson shall include 
16.13 	any statement of reasonable length made by that agency, facility, program, or person in 
16.14 	defense or mitigation of the ombudsperson's conclusion or recommendation.
16.15 		Subd. 2.General reports. In addition to whatever conclusions or recommendations 
16.16 	the ombudsperson may make to the governor on an ad hoc basis, the ombudsperson shall at 
16.17 	the end of each year report to the governor concerning the exercise of the ombudsperson's 
16.18 	functions during the preceding year.

16.19 	Sec. 9. [3.9289] CIVIL ACTIONS.
16.20 	The ombudsperson and designees are not civilly liable for any action taken under 
16.21 	sections 257.0755 to 257.0768 if the action was taken in good faith, was within the scope 
16.22 	of the ombudsperson's authority, and did not constitute willful or reckless misconduct.

16.23 	Sec. 10. [3.9290] FUNDING FOR THE OMBUDSPERSON PROGRAM.
16.24 		Subdivision 1.Appropriations. One-fourth of the money from the special fund 
16.25 	authorized by section 256.01, subdivision 2, paragraph (o), is appropriated to the Indian 
16.26 	Affairs Council for the purposes of sections 257.0755 to 257.0768.
16.27 		Subd. 2.Title IV-E reimbursement. The commissioner shall obtain federal title 
16.28 	IV-E financial participation for eligible activity by the ombudsperson for American 
16.29 	Indian families under section 3.9281. The ombudsperson for families shall maintain and 
16.30 	transmit to the Department of Human Services documentation that is necessary in order 
16.31 	to obtain federal funds.

16.32 	EFFECTIVE DATE. This article is effective October 30, 2015.