1.1 	A bill for an act
1.2 	relating to children; follow-up to 2024 children, youth, and families recodification; 
1.3 	making technical changes;amending Minnesota Statutes 2024, sections 3.922, 
1.4 	subdivision 1; 13.41, subdivision 1; 13.46, subdivisions 3, 4, 9, 10; 13.598, 
1.5 	subdivision 10; 14.03, subdivision 3; 116L.881; 125A.15; 125A.744, subdivision 
1.6 	2; 127A.11; 127A.70, subdivision 2; 142A.607, subdivision 14; 142A.609, 
1.7 	subdivision 21; 142B.41, subdivision 9; 144.061; 144.225, subdivision 2a; 145.895; 
1.8 	145.901, subdivisions 2, 4; 145.9255, subdivision 1; 145.9265; 174.285, subdivision 
1.9 	4; 214.104; 216C.266, subdivisions 2, 3; 241.021, subdivision 2; 242.09; 242.21; 
1.10 	242.32, subdivision 1; 245.697, subdivisions 1, 2a; 245.814, subdivisions 1, 2, 3, 
1.11 	4; 245C.02, subdivisions 7, 12, 13; 245C.031, subdivision 9; 245C.033, subdivision 
1.12 	2; 245C.05, subdivision 7; 245C.07; 256.88; 256.89; 256.90; 256.91; 256.92; 
1.13 	256G.01, subdivisions 1, 3; 256G.03, subdivision 2; 256G.04, subdivision 2; 
1.14 	256G.09, subdivisions 2, 3, 4, 5; 256G.10; 256G.11; 256G.12, subdivision 1; 
1.15 	260.762, subdivision 2a; 260B.171, subdivision 4; 260E.03, subdivision 6; 260E.11, 
1.16 	subdivision 1; 260E.30, subdivision 4; 260E.33, subdivision 6; 261.232; 270B.14, 
1.17 	subdivision 1, by adding a subdivision; 299C.76, subdivision 1; 299F.011, 
1.18 	subdivision 4a; 402A.10, subdivisions 1a, 2, 4c; 402A.12; 402A.16, subdivisions 
1.19 	1, 2, 3, 4; 402A.18, subdivisions 2, 3, by adding a subdivision; 402A.35, 
1.20 	subdivisions 1, 4, 5; 462A.2095, subdivision 6; 466.131; 518.165, subdivision 5; 
1.21 	524.5-106; 524.5-118, subdivision 2; 595.02, subdivision 2; 626.5533; repealing 
1.22 	Minnesota Statutes 2024, sections 142A.15; 142E.50, subdivisions 2, 12; 245A.02, 
1.23 	subdivision 6d; 256G.02, subdivisions 3, 5; 261.003.
1.24 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.25 	Section 1. Minnesota Statutes 2024, section 3.922, subdivision 1, is amended to read:
1.26 		Subdivision 1.Creation, membership.  The state Indian Affairs Council is created to 
1.27 	consist of the following members:
1.28 	(1) one member of each of the following federally recognized tribes, designated by the 
1.29 	elected tribal president or chairperson of the governing bodies of:
1.30 	the Fond du Lac Band;
2.1 	the Grand Portage Band;
2.2 	the Mille Lacs Band;
2.3 	the White Earth Band;
2.4 	the Bois Forte (Nett Lake) Band;
2.5 	the Leech Lake Band;
2.6 	the Red Lake Nation;
2.7 	the Upper Sioux Community;
2.8 	the Lower Sioux Community;
2.9 	the Shakopee Mdewakanton Sioux Community;
2.10 	the Prairie Island Mdewakanton Dakota Community;
2.11 	(2) a member of the governor's official staff designated by the governor;
2.12 	the commissioner of education;
2.13 	the commissioner of human services;
2.14 	the commissioner of natural resources;
2.15 	the commissioner of human rights;
2.16 	the commissioner of employment and economic development;
2.17 	the commissioner of corrections;
2.18 	the commissioner of the Minnesota Housing Finance Agency;
2.19 	the commissioner of Iron Range resources and rehabilitation;
2.20 	the commissioner of health;
2.21 	the commissioner of transportation;
2.22 	the commissioner of veterans affairs;
2.23 	the commissioner of administration;
2.24 	the commissioner of children, youth, and families;
2.25 	Each of the commissioners listed in this clause may designate a staff member to serve 
2.26 	on the council instead of the commissioner;
2.27 	(3) two members of the house of representatives, appointed by the speaker; and
3.1 	(4) two members of the senate, appointed by its Subcommittee on Committees.
3.2 	Members appointed to represent the house of representatives or the senate shall no longer 
3.3 	serve on the council when they are no longer members of the bodies which they represent 
3.4 	and their offices shall be vacant. A member who is a designee of a tribal president or 
3.5 	chairperson shall cease to be a member at the end of the term of the designating tribal 
3.6 	president or chairperson. Only members of the council designated under clause (1) shall 
3.7 	vote.

3.8 	Sec. 2. Minnesota Statutes 2024, section 13.41, subdivision 1, is amended to read:
3.9 		Subdivision 1.Definition. As used in this section "licensing agency" means any board, 
3.10 	department or agency of this state which is given the statutory authority to issue professional 
3.11 	or other types of licenses, except the various agencies primarily administered by the 
3.12 	commissioner of human services or the commissioner of children, youth, and families. Data 
3.13 	pertaining to persons or agencies licensed or registered under authority of the commissioner 
3.14 	of human services or the commissioner of children, youth, and families shall be administered 
3.15 	pursuant to section 13.46.

3.16 	Sec. 3. Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read:
3.17 		Subd. 3.Investigative data. (a) Data on persons, including data on vendors of services, 
3.18 	licensees, and applicants that is collected, maintained, used, or disseminated by the welfare 
3.19 	system in an investigation, authorized by statute, and relating to the enforcement of rules 
3.20 	or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or 
3.21 	protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and 
3.22 	shall not be disclosed except:
3.23 	(1) pursuant to section 13.05;
3.24 	(2) pursuant to statute or valid court order;
3.25 	(3) to a party named in a civil or criminal proceeding, administrative or judicial, for 
3.26 	preparation of defense;
3.27 	(4) to an agent of the welfare system or an investigator acting on behalf of a county, 
3.28 	state, or federal government, including a law enforcement officer or attorney in the 
3.29 	investigation or prosecution of a criminal, civil, or administrative proceeding, unless the 
3.30 	commissioner of human services or the commissioner of children, youth, and families 
3.31 	determines that disclosure may compromise a Department of Human Services or Department 
3.32 	of Children, Youth, and Families ongoing investigation; or
4.1 	(5) to provide notices required or permitted by statute.
4.2 	The data referred to in this subdivision shall be classified as public data upon submission 
4.3 	to an administrative law judge or court in an administrative or judicial proceeding. Inactive 
4.4 	welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
4.5 	(b) Notwithstanding any other provision in law, the commissioner of human services or 
4.6 	the commissioner of children, youth, and families shall provide all active and inactive 
4.7 	investigative data, including the name of the reporter of alleged maltreatment under section 
4.8 	626.557 or chapter 260E, to the ombudsman for mental health and developmental disabilities 
4.9 	upon the request of the ombudsman.
4.10 	(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation 
4.11 	by the commissioner of human services or the commissioner of children, youth, and families
4.12 	of possible overpayments of public funds to a service provider or recipient may be disclosed 
4.13 	if the commissioner determines that it will not compromise the investigation.

4.14 	Sec. 4. Minnesota Statutes 2024, section 13.46, subdivision 4, is amended to read:
4.15 		Subd. 4.Licensing data. (a) As used in this subdivision:
4.16 	(1) "licensing data" are all data collected, maintained, used, or disseminated by the 
4.17 	welfare system pertaining to persons licensed or registered or who apply for licensure or 
4.18 	registration or who formerly were licensed or registered under the authority of the 
4.19 	commissioner of human services or the commissioner of children, youth, and families;
4.20 	(2) "client" means a person who is receiving services from a licensee or from an applicant 
4.21 	for licensure; and
4.22 	(3) "personal and personal financial data" are Social Security numbers, identity of and 
4.23 	letters of reference, insurance information, reports from the Bureau of Criminal 
4.24 	Apprehension, health examination reports, and social/home studies.
4.25 	(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license 
4.26 	holders, certification holders, and former licensees are public: name, address, telephone 
4.27 	number of licensees, email addresses except for family child foster care, date of receipt of 
4.28 	a completed application, dates of licensure, licensed capacity, type of client preferred, 
4.29 	variances granted, record of training and education in child care and child development, 
4.30 	type of dwelling, name and relationship of other family members, previous license history, 
4.31 	class of license, the existence and status of complaints, and the number of serious injuries 
4.32 	to or deaths of individuals in the licensed program as reported to the commissioner of human 
4.33 	services; the commissioner of children, youth, and families; the local social services agency; 
5.1 	or any other county welfare agency. For purposes of this clause, a serious injury is one that 
5.2 	is treated by a physician.
5.3 	(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine, 
5.4 	an order of license suspension, an order of temporary immediate suspension, an order of 
5.5 	license revocation, an order of license denial, or an order of conditional license has been 
5.6 	issued, or a complaint is resolved, the following data on current and former licensees and 
5.7 	applicants are public: the general nature of the complaint or allegations leading to the 
5.8 	temporary immediate suspension; the substance and investigative findings of the licensing 
5.9 	or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence 
5.10 	of settlement negotiations; the record of informal resolution of a licensing violation; orders 
5.11 	of hearing; findings of fact; conclusions of law; specifications of the final correction order, 
5.12 	fine, suspension, temporary immediate suspension, revocation, denial, or conditional license 
5.13 	contained in the record of licensing action; whether a fine has been paid; and the status of 
5.14 	any appeal of these actions.
5.15 	(iii) When a license denial under section 142A.15 or 245A.05 or a sanction under section 
5.16 	142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling 
5.17 	individual is responsible for maltreatment under section 626.557 or chapter 260E, the identity 
5.18 	of the applicant, license holder, or controlling individual as the individual responsible for 
5.19 	maltreatment is public data at the time of the issuance of the license denial or sanction.
5.20 	(iv) When a license denial under section 142A.15 or 245A.05 or a sanction under section 
5.21 	142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling 
5.22 	individual is disqualified under chapter 245C, the identity of the license holder, applicant, 
5.23 	or controlling individual as the disqualified individual is public data at the time of the 
5.24 	issuance of the licensing sanction or denial. If the applicant, license holder, or controlling 
5.25 	individual requests reconsideration of the disqualification and the disqualification is affirmed, 
5.26 	the reason for the disqualification and the reason to not set aside the disqualification are 
5.27 	private data.
5.28 	(v) A correction order or fine issued to a child care provider for a licensing violation is 
5.29 	private data on individuals under section 13.02, subdivision 12, or nonpublic data under 
5.30 	section 13.02, subdivision 9, if the correction order or fine is seven years old or older.
5.31 	(2) For applicants who withdraw their application prior to licensure or denial of a license, 
5.32 	the following data are public: the name of the applicant, the city and county in which the 
5.33 	applicant was seeking licensure, the dates of the commissioner's receipt of the initial 
6.1 	application and completed application, the type of license sought, and the date of withdrawal 
6.2 	of the application.
6.3 	(3) For applicants who are denied a license, the following data are public: the name and 
6.4 	address of the applicant, the city and county in which the applicant was seeking licensure, 
6.5 	the dates of the commissioner's receipt of the initial application and completed application, 
6.6 	the type of license sought, the date of denial of the application, the nature of the basis for 
6.7 	the denial, the existence of settlement negotiations, the record of informal resolution of a 
6.8 	denial, orders of hearings, findings of fact, conclusions of law, specifications of the final 
6.9 	order of denial, and the status of any appeal of the denial.
6.10 	(4) When maltreatment is substantiated under section 626.557 or chapter 260E and the 
6.11 	victim and the substantiated perpetrator are affiliated with a program licensed under chapter 
6.12 	142B or 245A; the commissioner of human services; commissioner of children, youth, and 
6.13 	families; local social services agency; or county welfare agency may inform the license 
6.14 	holder where the maltreatment occurred of the identity of the substantiated perpetrator and 
6.15 	the victim.
6.16 	(5) Notwithstanding clause (1), for child foster care, only the name of the license holder 
6.17 	and the status of the license are public if the county attorney has requested that data otherwise 
6.18 	classified as public data under clause (1) be considered private data based on the best interests 
6.19 	of a child in placement in a licensed program.
6.20 	(c) The following are private data on individuals under section 13.02, subdivision 12, 
6.21 	or nonpublic data under section 13.02, subdivision 9: personal and personal financial data 
6.22 	on family day care program and family foster care program applicants and licensees and 
6.23 	their family members who provide services under the license.
6.24 	(d) The following are private data on individuals: the identity of persons who have made 
6.25 	reports concerning licensees or applicants that appear in inactive investigative data, and the 
6.26 	records of clients or employees of the licensee or applicant for licensure whose records are 
6.27 	received by the licensing agency for purposes of review or in anticipation of a contested 
6.28 	matter. The names of reporters of complaints or alleged violations of licensing standards 
6.29 	under chapters 142B, 245A, 245B, 245C, and 245D, and applicable rules and alleged 
6.30 	maltreatment under section 626.557 and chapter 260E, are confidential data and may be 
6.31 	disclosed only as provided in section 260E.21, subdivision 4; 260E.35; or 626.557, 
6.32 	subdivision 12b.
6.33 	(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this 
6.34 	subdivision become public data if submitted to a court or administrative law judge as part 
7.1 	of a disciplinary proceeding in which there is a public hearing concerning a license which 
7.2 	has been suspended, immediately suspended, revoked, or denied.
7.3 	(f) Data generated in the course of licensing investigations that relate to an alleged 
7.4 	violation of law are investigative data under subdivision 3.
7.5 	(g) Data that are not public data collected, maintained, used, or disseminated under this 
7.6 	subdivision that relate to or are derived from a report as defined in section 260E.03, or 
7.7 	626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35, 
7.8 	subdivision 6, and 626.557, subdivision 12b.
7.9 	(h) Upon request, not public data collected, maintained, used, or disseminated under 
7.10 	this subdivision that relate to or are derived from a report of substantiated maltreatment as 
7.11 	defined in section 626.557 or chapter 260E may be exchanged with the Department of 
7.12 	Health for purposes of completing background studies pursuant to section 144.057 and with 
7.13 	the Department of Corrections for purposes of completing background studies pursuant to 
7.14 	section 241.021.
7.15 	(i) Data on individuals collected according to licensing activities under chapters 142B, 
7.16 	245A, and 245C, and data on individuals collected by the commissioner of human services
7.17 	or the commissioner of children, youth, and families according to investigations under 
7.18 	section 626.557 and chapters 142B, 245A, 245B, 245C, 245D, and 260E may be shared 
7.19 	with the Department of Human Rights, the Department of Health, the Department of 
7.20 	Corrections, the ombudsman for mental health and developmental disabilities, and the 
7.21 	individual's professional regulatory board and between the commissioners of human services 
7.22 	and children, youth, and families when there is reason to believe that laws or standards 
7.23 	under the jurisdiction of those agencies may have been violated or the information may 
7.24 	otherwise be relevant to the board's regulatory jurisdiction. Background study data on an 
7.25 	individual who is the subject of a background study under chapter 245C for a licensed 
7.26 	service for which the commissioner of human services or children, youth, and families is 
7.27 	the license holder may be shared with the commissioner and the commissioner's delegate 
7.28 	by the licensing division. Unless otherwise specified in this chapter, the identity of a reporter 
7.29 	of alleged maltreatment or licensing violations may not be disclosed.
7.30 	(j) In addition to the notice of determinations required under sections 260E.24, 
7.31 	subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the 
7.32 	commissioner of human services; commissioner of children, youth, and families; or the 
7.33 	local social services agency has determined that an individual is a substantiated perpetrator 
7.34 	of maltreatment of a child based on sexual abuse, as defined in section 260E.03, and the 
8.1 	commissioner of human services; commissioner of children, youth, and families; or local 
8.2 	social services agency knows that the individual is a person responsible for a child's care 
8.3 	in another facility, the commissioner of human services; commissioner of children, youth, 
8.4 	and families; or local social services agency shall notify the head of that facility of this 
8.5 	determination. The notification must include an explanation of the individual's available 
8.6 	appeal rights and the status of any appeal. If a notice is given under this paragraph, the 
8.7 	government entity making the notification shall provide a copy of the notice to the individual 
8.8 	who is the subject of the notice.
8.9 	(k) All not public data collected, maintained, used, or disseminated under this subdivision 
8.10 	and subdivision 3 may be exchanged between the Department of Human Services, Licensing 
8.11 	Division, and the Department of Corrections for purposes of regulating services for which 
8.12 	the Department of Human Services and the Department of Corrections have regulatory 
8.13 	authority.

8.14 	Sec. 5. Minnesota Statutes 2024, section 13.46, subdivision 9, is amended to read:
8.15 		Subd. 9.Fraud. In cases of suspected fraud, in which access to mental health data 
8.16 	maintained by public or private community mental health centers or mental health divisions 
8.17 	of counties and other providers under contract to deliver mental health services is necessary 
8.18 	to a proper investigation, the county board or the appropriate prosecutorial authority shall 
8.19 	refer the matter to the commissioner of human services or the commissioner of children, 
8.20 	youth, and families. The commissioner and agents of the commissioner, while maintaining 
8.21 	the privacy rights of individuals and families, shall have access to mental health data to 
8.22 	conduct an investigation. Upon deeming it appropriate as a result of the investigation, the 
8.23 	commissioner shall refer the matter to the appropriate legal authorities and may disseminate 
8.24 	to those authorities whatever mental health data are necessary to properly prosecute the 
8.25 	case.

8.26 	Sec. 6. Minnesota Statutes 2024, section 13.46, subdivision 10, is amended to read:
8.27 		Subd. 10.Responsible authority. (a) Notwithstanding any other provision of this chapter 
8.28 	to the contrary, the responsible authority for each component of the welfare system listed 
8.29 	in subdivision 1, clause (c), shall be as follows:
8.30 	(1) the responsible authority for the Department of Human Services is the commissioner 
8.31 	of human services;
8.32 	(2) the responsible authority of a county welfare agency is the director of the county 
8.33 	welfare agency;
9.1 	(3) the responsible authority for a local social services agency, human services board, 
9.2 	or community mental health center board is the chair of the board;
9.3 	(4) the responsible authority of any person, agency, institution, organization, or other 
9.4 	entity under contract to any of the components of the welfare system listed in subdivision 
9.5 	1, clause (c), is the person specified in the contract;
9.6 	(5) the responsible authority of the public authority for child support enforcement is the 
9.7 	head of the public authority for child support enforcement;
9.8 	(6) the responsible authority for county veteran services is the county veterans service 
9.9 	officer pursuant to section 197.603, subdivision 2; and
9.10 	(7) the responsible authority for Direct Care and Treatment is the chief executive officer 
9.11 	of Direct Care and Treatment.; and
9.12 	(8) the responsible authority for the Department of Children, Youth, and Families is the 
9.13 	commissioner of the Department of Children, Youth, and Families.
9.14 	(b) A responsible authority shall allow another responsible authority in the welfare 
9.15 	system access to data classified as not public data when access is necessary for the 
9.16 	administration and management of programs, or as authorized or required by statute or 
9.17 	federal law.

9.18 	Sec. 7. Minnesota Statutes 2024, section 13.598, subdivision 10, is amended to read:
9.19 		Subd. 10.Employment and training programs; data sharing. Data sharing of 
9.20 	employment and training program data between the commissioner of employment and 
9.21 	economic development,; the commissioner of human services,; the commissioner of children, 
9.22 	youth, and families; state agency personnel,; and other users of the inventory, referral and 
9.23 	intake system, is governed by section 116L.86, subdivision 3.

9.24 	Sec. 8. Minnesota Statutes 2024, section 14.03, subdivision 3, is amended to read:
9.25 		Subd. 3.Rulemaking procedures. (a) The definition of a rule in section 14.02, 
9.26 	subdivision 4, does not include:
9.27 	(1) rules concerning only the internal management of the agency or other agencies that 
9.28 	do not directly affect the rights of or procedures available to the public;
9.29 	(2) an application deadline on a form; and the remainder of a form and instructions for 
9.30 	use of the form to the extent that they do not impose substantive requirements other than 
9.31 	requirements contained in statute or rule;
10.1 	(3) the curriculum adopted by an agency to implement a statute or rule permitting or 
10.2 	mandating minimum educational requirements for persons regulated by an agency, provided 
10.3 	the topic areas to be covered by the minimum educational requirements are specified in 
10.4 	statute or rule;
10.5 	(4) procedures for sharing data among government agencies, provided these procedures 
10.6 	are consistent with chapter 13 and other law governing data practices.
10.7 	(b) The definition of a rule in section 14.02, subdivision 4, does not include:
10.8 	(1) rules of the commissioner of corrections relating to the release, placement, term, and 
10.9 	supervision of inmates serving a supervised release or conditional release term, the internal 
10.10 	management of institutions under the commissioner's control, and rules adopted under 
10.11 	section 609.105 governing the inmates of those institutions;
10.12 	(2) rules relating to weight limitations on the use of highways when the substance of the 
10.13 	rules is indicated to the public by means of signs;
10.14 	(3) opinions of the attorney general;
10.15 	(4) the data element dictionary and the annual data acquisition calendar of the Department 
10.16 	of Education to the extent provided by section 125B.07;
10.17 	(5) the occupational safety and health standards provided in section 182.655;
10.18 	(6) revenue notices and tax information bulletins of the commissioner of revenue;
10.19 	(7) uniform conveyancing forms adopted by the commissioner of commerce under 
10.20 	section 507.09;
10.21 	(8) standards adopted by the Electronic Real Estate Recording Commission established 
10.22 	under section 507.0945; or
10.23 	(9) the interpretive guidelines developed by the commissioner of human services to the 
10.24 	extent provided in chapter 245A.; or
10.25 	(10) the interpretive guidelines developed by the commissioner of children, youth, and 
10.26 	families to the extent provided in chapter 142B.

10.27 	Sec. 9. Minnesota Statutes 2024, section 116L.881, is amended to read:
10.28 	116L.881 INDIAN TRIBE PLANS.
10.29 	(a) The commissioner, in consultation with the commissioner commissioners of human 
10.30 	services and children, youth, and families, shall review and comment on Indian tribe plans 
10.31 	submitted to the commissioner for provision of employment and training services. Beginning 
11.1 	April 15, 1991, and by April 15 of each second year thereafter, the Indian tribe shall prepare 
11.2 	and submit to the commissioner a plan that covers the next two state fiscal years. Beginning 
11.3 	April 15, 1992, and by April 15 of each second year thereafter, the Indian tribe shall prepare 
11.4 	and submit to the commissioner an interim year plan update that deals with performance 
11.5 	during the past state fiscal year and that covers changes anticipated for the second year of 
11.6 	the biennium. The commissioner shall notify the Indian tribe of approval or disapproval of 
11.7 	the plans and updates for existing programs within 60 days of submission.
11.8 	(b) A plan for a new tribal program must be submitted at least 45 days before the program 
11.9 	is to commence. The commissioner shall approve or disapprove the plan for new programs 
11.10 	within 30 days of receipt.
11.11 	(c) The tribal plan and update must contain information that has been established by the 
11.12 	commissioner and the commissioner commissioners of human services and children, youth, 
11.13 	and families for the tribal employment and training service program.
11.14 	(d) The commissioner may recommend to the commissioner commissioners of human 
11.15 	services and children, youth, and families withholding the distribution of employment and 
11.16 	training money from a tribe whose plan or update is disapproved by the commissioner or a 
11.17 	tribe that does not submit a plan or update by the date established in this section.

11.18 	Sec. 10. Minnesota Statutes 2024, section 125A.15, is amended to read:
11.19 	125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.
11.20 	The responsibility for special instruction and services for a child with a disability 
11.21 	temporarily placed in another district for care and treatment shall be determined in the 
11.22 	following manner:
11.23 	(a) The district of residence of a child shall be the district in which the child's parent 
11.24 	resides, if living, or the child's guardian. If there is a dispute between school districts 
11.25 	regarding residency, the district of residence is the district designated by the commissioner.
11.26 	(b) If a district other than the resident district places a pupil for care and treatment, the 
11.27 	district placing the pupil must notify and give the resident district an opportunity to participate 
11.28 	in the placement decision. When an immediate emergency placement of a pupil is necessary 
11.29 	and time constraints foreclose a resident district from participating in the emergency 
11.30 	placement decision, the district in which the pupil is temporarily placed must notify the 
11.31 	resident district of the emergency placement within 15 days. The resident district has up to 
11.32 	five business days after receiving notice of the emergency placement to request an 
12.1 	opportunity to participate in the placement decision, which the placing district must then 
12.2 	provide.
12.3 	(c) When a child is temporarily placed for care and treatment in a day program located 
12.4 	in another district and the child continues to live within the district of residence during the 
12.5 	care and treatment, the district of residence is responsible for providing transportation to 
12.6 	and from the care and treatment program and an appropriate educational program for the 
12.7 	child. The resident district may establish reasonable restrictions on transportation, except 
12.8 	if a Minnesota court or agency orders the child placed at a day care and treatment program 
12.9 	and the resident district receives a copy of the order, then the resident district must provide 
12.10 	transportation to and from the program unless the court or agency orders otherwise. 
12.11 	Transportation shall only be provided by the resident district during regular operating hours 
12.12 	of the resident district. The resident district may provide the educational program at a school 
12.13 	within the district of residence, at the child's residence, or in the district in which the day 
12.14 	treatment center is located by paying tuition to that district. If a child's district of residence, 
12.15 	district of open enrollment under section 124D.03, or charter school of enrollment under 
12.16 	section 124E.11 is authorized to provide online learning instruction under state statutes, the 
12.17 	child's district of residence may utilize that online learning program in fulfilling its 
12.18 	educational program responsibility under this section if the child, or the child's parent or 
12.19 	guardian for a pupil under the age of 18, agrees to that form of instruction.
12.20 	(d) When a child is temporarily placed in a residential program for care and treatment, 
12.21 	the nonresident district in which the child is placed is responsible for providing an appropriate 
12.22 	educational program for the child and necessary transportation while the child is attending 
12.23 	the educational program; and must bill the district of the child's residence for the actual cost 
12.24 	of providing the program, as outlined in section 125A.11, except as provided in paragraph 
12.25 	(e). However, the board, lodging, and treatment costs incurred in behalf of a child with a 
12.26 	disability placed outside of the school district of residence by the commissioner of human 
12.27 	services; the commissioner of children, youth, and families; or the commissioner of 
12.28 	corrections or their agents, for reasons other than providing for the child's special educational 
12.29 	needs must not become the responsibility of either the district providing the instruction or 
12.30 	the district of the child's residence. For the purposes of this section, the state correctional 
12.31 	facilities operated on a fee-for-service basis are considered to be residential programs for 
12.32 	care and treatment. If a child's district of residence, district of open enrollment under section 
12.33 	124D.03, or charter school of enrollment under section 124E.11 is authorized to provide 
12.34 	online learning instruction under state statutes, the nonresident district may utilize that 
12.35 	online learning program in fulfilling its educational program responsibility under this section 
13.1 	if the child, or the child's parent or guardian for a pupil under the age of 18, agrees to that 
13.2 	form of instruction.
13.3 	(e) A privately owned and operated residential facility may enter into a contract to obtain 
13.4 	appropriate educational programs for special education children and services with a joint 
13.5 	powers entity. The entity with which the private facility contracts for special education 
13.6 	services shall be the district responsible for providing students placed in that facility an 
13.7 	appropriate educational program in place of the district in which the facility is located. If a 
13.8 	privately owned and operated residential facility does not enter into a contract under this 
13.9 	paragraph, then paragraph (d) applies.
13.10 	(f) The district of residence shall pay tuition and other program costs, not including 
13.11 	transportation costs, to the district providing the instruction and services. The district of 
13.12 	residence may claim general education aid for the child as provided by law. Transportation 
13.13 	costs must be paid by the district responsible for providing the transportation and the state 
13.14 	must pay transportation aid to that district.

13.15 	Sec. 11. Minnesota Statutes 2024, section 125A.744, subdivision 2, is amended to read:
13.16 		Subd. 2.Statewide data management system. The commissioner of education, in 
13.17 	cooperation with the commissioner commissioners of human services and children, youth, 
13.18 	and families, shall develop a statewide data management system using the educational data 
13.19 	reporting system or other existing data management system for school districts and 
13.20 	cooperative units to use to maximize medical assistance reimbursement for health and 
13.21 	health-related services provided under individualized education programs and individual 
13.22 	family service plans. The system must be appropriately integrated with state and local 
13.23 	existing and developing human services and education data systems. The statewide data 
13.24 	management system must enable school district and cooperative unit staff to:
13.25 	(1) establish medical assistance billing systems or improve existing systems;
13.26 	(2) understand the appropriate medical assistance billing codes for services provided 
13.27 	under individualized education programs and individual family service plans;
13.28 	(3) comply with the Individuals with Disabilities Education Act, Public Law 105-17;
13.29 	(4) contract with billing agents; and
13.30 	(5) carry out other activities necessary to maximize medical assistance reimbursement.

14.1 	Sec. 12. Minnesota Statutes 2024, section 127A.11, is amended to read:
14.2 	127A.11 MONITOR MEDICAL ASSISTANCE SERVICES FOR DISABLED 
14.3 	STUDENTS.
14.4 	The commissioner of education, in cooperation with the commissioner commissioners
14.5 	of human services and children, youth, and families, shall monitor the costs of health-related, 
14.6 	special education services provided by public schools.

14.7 	Sec. 13. Minnesota Statutes 2024, section 127A.70, subdivision 2, is amended to read:
14.8 		Subd. 2.Powers and duties; report. (a) The partnership shall develop recommendations 
14.9 	to the governor and the legislature designed to maximize the achievement of all P-20 students 
14.10 	while promoting the efficient use of state resources, thereby helping the state realize the 
14.11 	maximum value for its investment. These recommendations may include, but are not limited 
14.12 	to, strategies, policies, or other actions focused on:
14.13 	(1) improving the quality of and access to education at all points from preschool through 
14.14 	graduate education;
14.15 	(2) improving preparation for, and transitions to, postsecondary education and work;
14.16 	(3) ensuring educator quality by creating rigorous standards for teacher recruitment, 
14.17 	teacher preparation, induction and mentoring of beginning teachers, and continuous 
14.18 	professional development for career teachers; and
14.19 	(4) realigning the governance and administrative structures of early education, 
14.20 	kindergarten through grade 12, and postsecondary systems in Minnesota.
14.21 	(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal 
14.22 	Education Data System Governance Committee, the Office of Higher Education and the 
14.23 	Departments of Education; Children, Youth, and Families; and Employment and Economic 
14.24 	Development shall improve and expand the Statewide Longitudinal Education Data System 
14.25 	(SLEDS) and the Early Childhood Longitudinal Data System (ECLDS) to provide 
14.26 	policymakers, education and workforce leaders, researchers, and members of the public 
14.27 	with data, research, and reports to:
14.28 	(1) expand reporting on students' educational outcomes for diverse student populations 
14.29 	including at-risk students, children with disabilities, English learners, and gifted students, 
14.30 	among others, and include formative and summative evaluations based on multiple measures 
14.31 	of child well-being, early childhood development, and student progress toward career and 
14.32 	college readiness;
15.1 	(2) evaluate the effectiveness of early care, educational, and workforce programs; and
15.2 	(3) evaluate the relationships among early care, education, and workforce outcomes, 
15.3 	consistent with section 124D.49.
15.4 	To the extent possible under federal and state law, research and reports should be 
15.5 	accessible to the public on the Internet, and disaggregated by demographic characteristics, 
15.6 	organization or organization characteristics, and geography.
15.7 	It is the intent of the legislature that the Statewide Longitudinal Education Data System 
15.8 	and the Early Childhood Longitudinal Data System inform public policy and 
15.9 	decision-making. The SLEDS governance committee and ECLDS governance committee, 
15.10 	with assistance from staff of the Office of Higher Education,; the Department of Education,; 
15.11 	the Department of Children, Youth, and Families; and the Department of Employment and 
15.12 	Economic Development, shall respond to legislative committee and agency requests on 
15.13 	topics utilizing data made available through the Statewide Longitudinal Education Data 
15.14 	System and the Early Childhood Longitudinal Data System as resources permit. Any analysis 
15.15 	of or report on the data must contain only summary data.
15.16 	(c) By January 15 of each year, the partnership shall submit a report to the governor and 
15.17 	to the chairs and ranking minority members of the legislative committees and divisions with 
15.18 	jurisdiction over P-20 education policy and finance that summarizes the partnership's progress 
15.19 	in meeting its goals and identifies the need for any draft legislation when necessary to further 
15.20 	the goals of the partnership to maximize student achievement while promoting efficient use 
15.21 	of resources.

15.22 	Sec. 14. Minnesota Statutes 2024, section 142A.607, subdivision 14, is amended to read:
15.23 		Subd. 14.Notice for caregiver. (a) The agency as defined in subdivision 7 or 12 that 
15.24 	is responsible for completing the initial assessment or reassessment must provide the child's 
15.25 	caregiver with written notice of the initial assessment or reassessment.
15.26 	(b) Initial assessment notices must be sent within 15 days of completion of the initial 
15.27 	assessment and must minimally include the following:
15.28 	(1) a summary of the child's completed individual assessment used to determine the 
15.29 	initial rating;
15.30 	(2) statement of rating and benefit level;
15.31 	(3) statement of the circumstances under which the agency must reassess the child;
15.32 	(4) procedure to seek reassessment;
16.1 	(5) notice that the caregiver has the right to a fair hearing review of the assessment and 
16.2 	how to request a fair hearing, consistent with section sections 142A.20 and256.045, 
16.3 	subdivision 3; and
16.4 	(6) the name, telephone number, and email, if available, of a contact person at the agency 
16.5 	completing the assessment.
16.6 	(c) Reassessment notices must be sent within 15 days after the completion of the 
16.7 	reassessment and must minimally include the following:
16.8 	(1) a summary of the child's individual assessment used to determine the new rating;
16.9 	(2) any change in rating and its effective date;
16.10 	(3) procedure to seek reassessment;
16.11 	(4) notice that if a change in rating results in a reduction of benefits, the caregiver has 
16.12 	the right to a fair hearing review of the assessment and how to request a fair hearing 
16.13 	consistent with section sections 142A.20 and256.045, subdivision 3;
16.14 	(5) notice that a caregiver who requests a fair hearing of the reassessed rating within ten 
16.15 	days may continue at the current rate pending the hearing, but the agency may recover any 
16.16 	overpayment; and
16.17 	(6) name, telephone number, and email, if available, of a contact person at the agency 
16.18 	completing the reassessment.
16.19 	(d) Notice is not required for special assessments since the notice is part of the Northstar 
16.20 	kinship assistance or adoption assistance negotiated agreement completed according to 
16.21 	section 142A.608.

16.22 	Sec. 15. Minnesota Statutes 2024, section 142A.609, subdivision 21, is amended to read:
16.23 		Subd. 21.Termination notice for caregiver or youth. The agency that issues the 
16.24 	maintenance payment shall provide the child's caregiver or the youth with written notice of 
16.25 	termination of payment. Termination notices must be sent at least 15 days before the final 
16.26 	payment or, in the case of an unplanned termination, the notice is sent within three days of 
16.27 	the end of the payment. The written notice must minimally include the following:
16.28 	(1) the date payment will end;
16.29 	(2) the reason payments will end and the event that is the basis to terminate payment;
16.30 	(3) a statement that the caregiver or youth has a right to a fair hearing review by the 
16.31 	department consistent with section sections 142A.20 and256.045, subdivision 3;
17.1 	(4) the procedure to request a fair hearing; and
17.2 	(5) the name, telephone number, and email address of a contact person at the agency.

17.3 	Sec. 16. Minnesota Statutes 2024, section 142B.41, subdivision 9, is amended to read:
17.4 		Subd. 9.Swimming pools; family day care and group family day care providers. (a) 
17.5 	This subdivision governs swimming pools located at family day care or group family day 
17.6 	care homes licensed under Minnesota Rules, chapter 9502. This subdivision does not apply 
17.7 	to portable wading pools or whirlpools located at family day care or group family day care 
17.8 	homes licensed under Minnesota Rules, chapter 9502. For a provider to be eligible to allow 
17.9 	a child cared for at the family day care or group family day care home to use the swimming 
17.10 	pool located at the home, the provider must not have had a licensing sanction under section 
17.11 	142B.18 or 245A.07 or a correction order or conditional license under section 142B.16 or 
17.12 	245A.06 relating to the supervision or health and safety of children during the prior 24 
17.13 	months, and must satisfy the following requirements:
17.14 	(1) notify the county agency before initial use of the swimming pool and annually, 
17.15 	thereafter;
17.16 	(2) obtain written consent from a child's parent or legal guardian allowing the child to 
17.17 	use the swimming pool and renew the parent or legal guardian's written consent at least 
17.18 	annually. The written consent must include a statement that the parent or legal guardian has 
17.19 	received and read materials provided by the Department of Health to the Department of 
17.20 	Children, Youth, and Families for distribution to all family day care or group family day 
17.21 	care homes and the general public on the human services Internet website related to the risk 
17.22 	of disease transmission as well as other health risks associated with swimming pools. The 
17.23 	written consent must also include a statement that the Department of Health, Department 
17.24 	of Children, Youth, and Families, and county agency will not monitor or inspect the provider's 
17.25 	swimming pool to ensure compliance with the requirements in this subdivision;
17.26 	(3) enter into a written contract with a child's parent or legal guardian and renew the 
17.27 	written contract annually. The terms of the written contract must specify that the provider 
17.28 	agrees to perform all of the requirements in this subdivision;
17.29 	(4) attend and successfully complete a swimming pool operator training course once 
17.30 	every five years. Acceptable training courses are:
17.31 	(i) the National Swimming Pool Foundation Certified Pool Operator course;
17.32 	(ii) the National Spa and Pool Institute Tech I and Tech II courses (both required); or
18.1 	(iii) the National Recreation and Park Association Aquatic Facility Operator course;
18.2 	(5) require a caregiver trained in first aid and adult and child cardiopulmonary 
18.3 	resuscitation to supervise and be present at the swimming pool with any children in the 
18.4 	pool;
18.5 	(6) toilet all potty-trained children before they enter the swimming pool;
18.6 	(7) require all children who are not potty-trained to wear swim diapers while in the 
18.7 	swimming pool;
18.8 	(8) if fecal material enters the swimming pool water, add three times the normal shock 
18.9 	treatment to the pool water to raise the chlorine level to at least 20 parts per million, and 
18.10 	close the pool to swimming for the 24 hours following the entrance of fecal material into 
18.11 	the water or until the water pH and disinfectant concentration levels have returned to the 
18.12 	standards specified in clause (10), whichever is later;
18.13 	(9) prevent any person from entering the swimming pool who has an open wound or 
18.14 	any person who has or is suspected of having a communicable disease;
18.15 	(10) maintain the swimming pool water at a pH of not less than 7.2 and not more than 
18.16 	8.0, maintain the disinfectant concentration between two and five parts per million for 
18.17 	chlorine or between 2.3 and 4.5 parts per million for bromine, and maintain a daily record 
18.18 	of the swimming pool's operation with pH and disinfectant concentration readings on days 
18.19 	when children cared for at the family day care or group family day care home are present;
18.20 	(11) have a disinfectant feeder or feeders;
18.21 	(12) have a recirculation system that will clarify and disinfect the swimming pool volume 
18.22 	of water in ten hours or less;
18.23 	(13) maintain the swimming pool's water clarity so that an object on the pool floor at 
18.24 	the pool's deepest point is easily visible;
18.25 	(14) comply with the provisions of the Abigail Taylor Pool Safety Act in section 
18.26 	144.1222, subdivisions 1c and 1d;
18.27 	(15) have in place and enforce written safety rules and swimming pool policies;
18.28 	(16) have in place at all times a safety rope that divides the shallow and deep portions 
18.29 	of the swimming pool;
18.30 	(17) satisfy any existing local ordinances regarding swimming pool installation, decks, 
18.31 	and fencing;
19.1 	(18) maintain a water temperature of not more than 104 degrees Fahrenheit and not less 
19.2 	than 70 degrees Fahrenheit; and
19.3 	(19) for lifesaving equipment, have a United States Coast Guard-approved life ring 
19.4 	attached to a rope, an exit ladder, and a shepherd's hook available at all times to the caregiver 
19.5 	supervising the swimming pool.
19.6 	The requirements of clauses (5), (16), and (18) only apply at times when children cared 
19.7 	for at the family day care or group family day care home are present.
19.8 	(b) A violation of paragraph (a), clauses (1) to (3), is grounds for a sanction under section 
19.9 	142B.18 or a correction order or conditional license under section 142B.16.
19.10 	(c) If a provider under this subdivision receives a licensing sanction under section 
19.11 	142B.18 or 245A.07 or a correction order or a conditional license under section 142B.16
19.12 	or 245A.06 relating to the supervision or health and safety of children, the provider is 
19.13 	prohibited from allowing a child cared for at the family day care or group family day care 
19.14 	home to continue to use the swimming pool located at the home.

19.15 	Sec. 17. Minnesota Statutes 2024, section 144.061, is amended to read:
19.16 	144.061 EARLY DENTAL PREVENTION INITIATIVE.
19.17 	(a) The commissioner of health, in collaboration with the commissioner commissioners
19.18 	of human services and children, youth, and families, shall implement a statewide initiative 
19.19 	to increase awareness among communities of color and recent immigrants on the importance 
19.20 	of early preventive dental intervention for infants and toddlers before and after primary 
19.21 	teeth appear.
19.22 	(b) The commissioner shall develop educational materials and information for expectant 
19.23 	and new parents within the targeted communities that include the importance of early dental 
19.24 	care to prevent early cavities, including proper cleaning techniques and feeding habits, 
19.25 	before and after primary teeth appear.
19.26 	(c) The commissioner shall develop a distribution plan to ensure that the materials are 
19.27 	distributed to expectant and new parents within the targeted communities, including, but 
19.28 	not limited to, making the materials available to health care providers, community clinics, 
19.29 	WIC sites, and other relevant sites within the targeted communities.
19.30 	(d) In developing these materials and distribution plan, the commissioner shall work 
19.31 	collaboratively with members of the targeted communities, dental providers, pediatricians, 
19.32 	child care providers, and home visiting nurses.
20.1 	(e) The commissioner shall, with input from stakeholders listed in paragraph (d), develop 
20.2 	and pilot incentives to encourage early dental care within one year of an infant's teeth 
20.3 	erupting.

20.4 	Sec. 18. Minnesota Statutes 2024, section 144.225, subdivision 2a, is amended to read:
20.5 		Subd. 2a.Health data associated with birth registration. (a) Information from which 
20.6 	an identification of risk for disease, disability, or developmental delay in a mother or child 
20.7 	can be made, that is collected in conjunction with birth registration or fetal death reporting, 
20.8 	is private data as defined in section 13.02, subdivision 12.
20.9 	(b) The commissioner may disclose to a tribal health department or community health 
20.10 	board, as defined in section 145A.02, subdivision 5, health data associated with birth 
20.11 	registration which identifies a mother or child at high risk for serious disease, disability, or 
20.12 	developmental delay in order to assure access to appropriate health, social, or educational 
20.13 	services.
20.14 	(c) Notwithstanding the designation of the private data, the commissioner of human 
20.15 	services shall have access to health data associated with birth registration for:
20.16 	(1) purposes of administering medical assistance and the MinnesotaCare program; and
20.17 	(2) for other public health purposes as determined by the commissioner of health.
20.18 	(d) Notwithstanding the designation of the private data, the commissioner of children, 
20.19 	youth, and families shall have access to health data associated with birth registration for 
20.20 	other public health purposes as determined by the commissioner of health.

20.21 	Sec. 19. Minnesota Statutes 2024, section 145.895, is amended to read:
20.22 	145.895 DEPARTMENT OF HUMAN SERVICES.
20.23 	The commissioner of human services shall cooperate with the commissioner
20.24 	commissioners of health and children, youth, and families in identifying eligible individuals. 
20.25 	The commissioner of human services shall provide a procedure for the notification of 
20.26 	pregnant or lactating women, infants and children receiving any form of public assistance 
20.27 	of eligibility for benefits under this program.

20.28 	Sec. 20. Minnesota Statutes 2024, section 145.901, subdivision 2, is amended to read:
20.29 		Subd. 2.Access to data. (a) The commissioner of health has access to medical data as 
20.30 	defined in section 13.384, subdivision 1, paragraph (b), medical examiner data as defined 
20.31 	in section 13.83, subdivision 1, and health records created, maintained, or stored by providers 
21.1 	as defined in section 144.291, subdivision 2, paragraph (c), without the consent of the subject 
21.2 	of the data, and without the consent of the parent, spouse, other guardian, or legal 
21.3 	representative of the subject of the data, when the subject of the data is a woman who died 
21.4 	during a pregnancy or within 12 months of a fetal death, a live birth, or other termination 
21.5 	of a pregnancy.
21.6 	The commissioner has access only to medical data and health records related to deaths 
21.7 	that occur on or after July 1, 2000, including the names of the providers, clinics, or other 
21.8 	health services such as family home visiting programs; the women, infants, and children 
21.9 	(WIC) program; prescription monitoring programs; and behavioral health services, where 
21.10 	care was received before, during, or related to the pregnancy or death. The commissioner 
21.11 	has access to records maintained by a medical examiner, a coroner, or hospitals or to hospital 
21.12 	discharge data, for the purpose of providing the name and location of any pre-pregnancy, 
21.13 	prenatal, or other care received by the subject of the data up to one year after the end of the 
21.14 	pregnancy.
21.15 	(b) The provider or responsible authority that creates, maintains, or stores the data shall 
21.16 	furnish the data upon the request of the commissioner. The provider or responsible authority 
21.17 	may charge a fee for providing the data, not to exceed the actual cost of retrieving and 
21.18 	duplicating the data.
21.19 	(c) The commissioner shall make a good faith reasonable effort to notify the parent, 
21.20 	spouse, other guardian, or legal representative of the subject of the data before collecting 
21.21 	data on the subject. For purposes of this paragraph, "reasonable effort" means one notice 
21.22 	is sent by certified mail to the last known address of the parent, spouse, guardian, or legal 
21.23 	representative informing the recipient of the data collection and offering a public health 
21.24 	nurse support visit if desired.
21.25 	(d) The commissioner does not have access to coroner or medical examiner data that 
21.26 	are part of an active investigation as described in section 13.83.
21.27 	(e) The commissioner may request and receive from a coroner or medical examiner the 
21.28 	name of the health care provider that provided prenatal, postpartum, or other health services 
21.29 	to the subject of the data.
21.30 	(f) The commissioner may access Department of Human Services and Department of 
21.31 	Children, Youth, and Families data to identify sources of care and services to assist with 
21.32 	the evaluation of welfare systems, including housing, to reduce preventable maternal deaths.
21.33 	(g) The commissioner may request and receive law enforcement reports or incident 
21.34 	reports related to the subject of the data.

22.1 	Sec. 21. Minnesota Statutes 2024, section 145.901, subdivision 4, is amended to read:
22.2 		Subd. 4.Classification of data. (a) Data provided to the commissioner from source 
22.3 	records under subdivision 2, including identifying information on individual providers, data 
22.4 	subjects, or their children, and data derived by the commissioner under subdivision 3 for 
22.5 	the purpose of carrying out maternal death studies, are classified as confidential data on 
22.6 	individuals or confidential data on decedents, as defined in sections 13.02, subdivision 3, 
22.7 	and 13.10, subdivision 1, paragraph (a).
22.8 	(b) Information classified under paragraph (a) shall not be subject to discovery or 
22.9 	introduction into evidence in any administrative, civil, or criminal proceeding. Such 
22.10 	information otherwise available from an original source shall not be immune from discovery 
22.11 	or barred from introduction into evidence merely because it was utilized by the commissioner 
22.12 	in carrying out maternal death studies.
22.13 	(c) Summary data on maternal death studies created by the commissioner, which does 
22.14 	not identify individual data subjects or individual providers, shall be public in accordance 
22.15 	with section 13.05, subdivision 7.
22.16 	(d) Data provided by the commissioner of human services or the commissioner of 
22.17 	children, youth, and families to the commissioner of health under this section retain the 
22.18 	same classification the data held when retained by the commissioner of human services or 
22.19 	the commissioner of children, youth, and families, as required under section 13.03, 
22.20 	subdivision 4, paragraph (c).

22.21 	Sec. 22. Minnesota Statutes 2024, section 145.9255, subdivision 1, is amended to read:
22.22 		Subdivision 1.Establishment. To the extent funds are available for the purposes of this 
22.23 	subdivision, the commissioner of health, in consultation with a representative from Minnesota 
22.24 	planning,; the commissioner of human services,; the commissioner of children, youth, and 
22.25 	families; and the commissioner of education, shall develop and implement the Minnesota 
22.26 	education now and babies later (MN ENABL) program, targeted to adolescents ages 12 to 
22.27 	14, with the goal of reducing the incidence of adolescent pregnancy in the state and promoting 
22.28 	abstinence until marriage. The program must provide a multifaceted, primary prevention, 
22.29 	community health promotion approach to educating and supporting adolescents in the 
22.30 	decision to postpone sexual involvement modeled after the ENABL program in California. 
22.31 	The commissioner of health shall consult with the chief of the health education section of 
22.32 	the California Department of Health Services for general guidance in developing and 
22.33 	implementing the program.

23.1 	Sec. 23. Minnesota Statutes 2024, section 145.9265, is amended to read:
23.2 	145.9265 FETAL ALCOHOL SYNDROME EFFECTS; DRUG-EXPOSED 
23.3 	INFANT.
23.4 	The commissioner of health, in coordination with the commissioner of education; the 
23.5 	commissioner of children, youth, and families; and the commissioner of human services, 
23.6 	shall design and implement a coordinated prevention effort to reduce the rates of fetal alcohol 
23.7 	syndrome and fetal alcohol effects, and reduce the number of drug-exposed infants. The 
23.8 	commissioner shall:
23.9 	(1) conduct research to determine the most effective methods of preventing fetal alcohol 
23.10 	syndrome, fetal alcohol effects, and drug-exposed infants and to determine the best methods 
23.11 	for collecting information on the incidence and prevalence of these problems in Minnesota;
23.12 	(2) provide training on effective prevention methods to health care professionals and 
23.13 	human services workers; and
23.14 	(3) operate a statewide media campaign focused on reducing the incidence of fetal 
23.15 	alcohol syndrome and fetal alcohol effects, and reducing the number of drug-exposed infants.

23.16 	Sec. 24. Minnesota Statutes 2024, section 174.285, subdivision 4, is amended to read:
23.17 		Subd. 4.Membership. (a) The council is composed of the following 13 14 members:
23.18 	(1) one representative from the Office of the Governor;
23.19 	(2) one representative from the Council on Disability;
23.20 	(3) one representative from the Minnesota Public Transit Association;
23.21 	(4) the commissioner of transportation or a designee;
23.22 	(5) the commissioner of human services or a designee;
23.23 	(6) the commissioner of health or a designee;
23.24 	(7) the chair of the Metropolitan Council or a designee;
23.25 	(8) the commissioner of education or a designee;
23.26 	(9) the commissioner of veterans affairs or a designee;
23.27 	(10) one representative from the Board on Aging;
23.28 	(11) the commissioner of employment and economic development or a designee;
23.29 	(12) the commissioner of commerce or a designee; and
24.1 	(13) the commissioner of management and budget or a designee.; and
24.2 	(14) the commissioner of children, youth, and families or a designee.
24.3 	(b) All appointments required by paragraph (a) must be completed by August 1, 2010.
24.4 	(c) The commissioner of transportation or a designee shall convene the first meeting of 
24.5 	the council within two weeks after the members have been appointed to the council. The 
24.6 	members shall elect a chair from their membership at the first meeting.
24.7 	(d) The Department of Transportation and the Department of Human Services shall 
24.8 	provide necessary staff support for the council.

24.9 	Sec. 25. Minnesota Statutes 2024, section 214.104, is amended to read:
24.10 	214.104 HEALTH-RELATED LICENSING BOARDS; SUBSTANTIATED 
24.11 	MALTREATMENT.
24.12 	(a) A health-related licensing board shall make determinations as to whether regulated 
24.13 	persons who are under the board's jurisdiction should be the subject of disciplinary or 
24.14 	corrective action because of substantiated maltreatment under section 626.557 or chapter 
24.15 	260E. The board shall make a determination upon receipt, and after the review, of an 
24.16 	investigation memorandum or other notice of substantiated maltreatment under section 
24.17 	626.557, or chapter 260E, or of a notice from the commissioner of human services or the 
24.18 	commissioner of children, youth, and families that a background study of a regulated person 
24.19 	shows substantiated maltreatment.
24.20 	(b) Upon completion of its review of a report of substantiated maltreatment, the board 
24.21 	shall notify the commissioner commissioners of human services and children, youth, and 
24.22 	families of its determination. The board shall notify the commissioner of human services 
24.23 	if, following a review of the report of substantiated maltreatment, the board determines that 
24.24 	it does not have jurisdiction in the matter and the commissioner shall make the appropriate 
24.25 	disqualification decision regarding the regulated person as otherwise provided in chapter 
24.26 	245C. The board shall also notify the commissioner of health or; the commissioner of human 
24.27 	services; or the commissioner of children, youth, and families immediately upon receipt of 
24.28 	knowledge of a facility or program allowing a regulated person to provide direct contact 
24.29 	services at the facility or program while not complying with requirements placed on the 
24.30 	regulated person.
24.31 	(c) In addition to any other remedy provided by law, the board may, through its designated 
24.32 	board member, temporarily suspend the license of a licensee; deny a credential to an 
24.33 	applicant; or require the regulated person to be continuously supervised, if the board finds 
25.1 	there is probable cause to believe the regulated person referred to the board according to 
25.2 	paragraph (a) poses an immediate risk of harm to vulnerable persons. The board shall 
25.3 	consider all relevant information available, which may include but is not limited to:
25.4 	(1) the extent the action is needed to protect persons receiving services or the public;
25.5 	(2) the recency of the maltreatment;
25.6 	(3) the number of incidents of maltreatment;
25.7 	(4) the intrusiveness or violence of the maltreatment; and
25.8 	(5) the vulnerability of the victim of maltreatment.
25.9 	The action shall take effect upon written notice to the regulated person, served by certified 
25.10 	mail, specifying the statute violated. The board shall notify the commissioner of health or;
25.11 	the commissioner of human services; or the commissioner of children, youth, and families
25.12 	of the suspension or denial of a credential. The action shall remain in effect until the board 
25.13 	issues a temporary stay or a final order in the matter after a hearing or upon agreement 
25.14 	between the board and the regulated person. At the time the board issues the notice, the 
25.15 	regulated person shall inform the board of all settings in which the regulated person is 
25.16 	employed or practices. The board shall inform all known employment and practice settings 
25.17 	of the board action and schedule a disciplinary hearing to be held under chapter 14. The 
25.18 	board shall provide the regulated person with at least 30 days' notice of the hearing, unless 
25.19 	the parties agree to a hearing date that provides less than 30 days' notice, and shall schedule 
25.20 	the hearing to begin no later than 90 days after issuance of the notice of hearing.

25.21 	Sec. 26. Minnesota Statutes 2024, section 216C.266, subdivision 2, is amended to read:
25.22 		Subd. 2.Sharing energy assistance program data. The commissioner may disseminate 
25.23 	to the commissioner commissioners of human services and children, youth, and families
25.24 	the name, telephone number, and last four digits of the Social Security number of any 
25.25 	individual who applies on behalf of a household for benefits or services provided by the 
25.26 	energy assistance program if the household is determined to be eligible for the energy 
25.27 	assistance program.

25.28 	Sec. 27. Minnesota Statutes 2024, section 216C.266, subdivision 3, is amended to read:
25.29 		Subd. 3.Use of shared data. Data disseminated to the commissioner commissioners of 
25.30 	human services and children, youth, and families under subdivision 2 may be disclosed to 
25.31 	a person other than the subject of the data only for the purpose of determining a household's 
26.1 	eligibility for the telephone assistance program pursuant to section 13.46, subdivision 2, 
26.2 	clause (23).

26.3 	Sec. 28. Minnesota Statutes 2024, section 241.021, subdivision 2, is amended to read:
26.4 		Subd. 2.Facilities for delinquent children and youth; licenses; 
26.5 	supervision. Notwithstanding any provisions in sections 256.01, subdivision 2, paragraph 
26.6 	(a), clause (2),; 142B.05; 142B.10;245A.03,; and 245A.04, and chapter 245C, to the contrary, 
26.7 	but subject to the municipality notification requirements of subdivision 2a, the commissioner 
26.8 	of corrections shall review all county, municipal, or other publicly established and operated 
26.9 	facilities for the detention, care and training of delinquent children and youth at least once 
26.10 	every biennium, and if such facility conforms to reasonable standards established by the 
26.11 	commissioner or in the commissioner's judgment is making satisfactory progress toward 
26.12 	substantial conformity therewith, and the commissioner is satisfied that the interests and 
26.13 	well-being of children and youth received therein are protected, the commissioner shall 
26.14 	grant a license to the county, municipality or agency thereof operating such facility. The 
26.15 	commissioner may grant licensure up to two years. Each such facility shall cooperate with 
26.16 	the commissioner to make available all facts regarding its operation and services as the 
26.17 	commissioner requires to determine its conformance to standards and its competence to 
26.18 	give the services needed and which it purports to give. Every such facility as herein described 
26.19 	is subject to visitation and supervision by the commissioner and shall receive from the 
26.20 	commissioner consultation as needed to strengthen services to the children and youth received 
26.21 	therein.

26.22 	Sec. 29. Minnesota Statutes 2024, section 242.09, is amended to read:
26.23 	242.09 COOPERATION; OTHER AGENCIES.
26.24 	The commissioner of human services,; the commissioner of education,; the commissioner 
26.25 	of children, youth, and families; and the state commissioner of health shall advise, cooperate 
26.26 	with and assist the commissioner of corrections in carrying out the duties and responsibilities 
26.27 	assigned by this chapter, and for these purposes may attend meetings. Their facilities and 
26.28 	services and those of other state agencies, particularly of the Department of Human Services
26.29 	and Department of Children, Youth, and Families, shall be made available to the 
26.30 	commissioner of corrections upon the terms the governor directs.

27.1 	Sec. 30. Minnesota Statutes 2024, section 242.21, is amended to read:
27.2 	242.21 COOPERATION; STATE INSTITUTIONS, LOCAL POLICE OFFICERS.
27.3 	The commissioner of corrections may enter into agreement with the Direct Care and 
27.4 	Treatment executive board, with; the commissioner of children, youth, and families; the 
27.5 	commissioner of human services;  local probation officers or other public officials; and with
27.6 	public or private agencies, schools, or institutions, for custody, separate care, special 
27.7 	treatment, training, or diagnostic services of persons committed to the care or subject to the 
27.8 	control of the commissioner of corrections. The commissioner of corrections may pay any 
27.9 	costs incurred by such agreements to the extent that funds for such purposes are made 
27.10 	available to the commissioner by the legislature.

27.11 	Sec. 31. Minnesota Statutes 2024, section 242.32, subdivision 1, is amended to read:
27.12 		Subdivision 1.Community-based programming. The commissioner of corrections 
27.13 	shall be charged with the duty of developing constructive programs for the prevention and 
27.14 	decrease of delinquency and crime among youth. To that end, the commissioner shall 
27.15 	cooperate with counties and existing agencies to encourage the establishment of new 
27.16 	programming, both local and statewide, to provide a continuum of services for serious and 
27.17 	repeat juvenile offenders who do not require secure placement. The commissioner shall 
27.18 	work jointly with the commissioner of human services; the commissioner of children, youth, 
27.19 	and families; and counties and municipalities to develop and provide community-based 
27.20 	services for residential placement of juvenile offenders and community-based services for 
27.21 	nonresidential programming for juvenile offenders and their families.
27.22 	Notwithstanding any law to the contrary, the commissioner of corrections is authorized 
27.23 	to contract with counties placing juveniles in the serious/chronic program at the Minnesota 
27.24 	Correctional Facility-Red Wing to provide necessary extended community transition 
27.25 	programming. Funds resulting from the contracts shall be deposited in the state treasury 
27.26 	and are appropriated to the commissioner for juvenile correctional purposes.

27.27 	Sec. 32. Minnesota Statutes 2024, section 245.697, subdivision 1, is amended to read:
27.28 		Subdivision 1.Creation. (a) A State Advisory Council on Mental Health is created. The 
27.29 	council must have members appointed by the governor in accordance with federal 
27.30 	requirements. In making the appointments, the governor shall consider appropriate 
27.31 	representation of communities of color. The council must be composed of:
28.1 	(1) the assistant commissioner of the Department of Human Services who oversees 
28.2 	behavioral health policy;
28.3 	(2) a representative of the Department of Human Services responsible for the medical 
28.4 	assistance program;
28.5 	(3) a representative of Direct Care and Treatment;
28.6 	(4) a representative of the Department of Health;
28.7 	(5) a representative of the Department of Children, Youth, and Families;
28.8 	(5) (6) one member of each of the following professions:
28.9 	(i) psychiatry;
28.10 	(ii) psychology;
28.11 	(iii) social work;
28.12 	(iv) nursing;
28.13 	(v) marriage and family therapy; and
28.14 	(vi) professional clinical counseling;
28.15 	(6) (7) one representative from each of the following advocacy groups: Mental Health 
28.16 	Association of Minnesota, NAMI-MN, Minnesota Disability Law Center, American Indian 
28.17 	Mental Health Advisory Council, and a consumer-run mental health advocacy group;
28.18 	(7) (8) providers of mental health services;
28.19 	(8) (9) consumers of mental health services;
28.20 	(9) (10) family members of persons with mental illnesses;
28.21 	(10) (11) legislators;
28.22 	(11) (12) social service agency directors;
28.23 	(12) (13) county commissioners; and
28.24 	(13) (14) other members reflecting a broad range of community interests, including 
28.25 	family physicians, or members as the United States Secretary of Health and Human Services 
28.26 	may prescribe by regulation or as may be selected by the governor.
28.27 	(b) The council shall select a chair. Terms, compensation, and removal of members and 
28.28 	filling of vacancies are governed by section 15.059. Notwithstanding provisions of section 
29.1 	15.059, the council and its subcommittee on children's mental health do not expire. The 
29.2 	commissioner of human services shall provide staff support and supplies to the council.

29.3 	Sec. 33. Minnesota Statutes 2024, section 245.697, subdivision 2a, is amended to read:
29.4 		Subd. 2a.Subcommittee on Children's Mental Health. The State Advisory Council 
29.5 	on Mental Health (the "advisory council") must have a Subcommittee on Children's Mental 
29.6 	Health. The subcommittee must make recommendations to the advisory council on policies, 
29.7 	laws, regulations, and services relating to children's mental health. Members of the 
29.8 	subcommittee must include:
29.9 	(1) the commissioners or designees of the commissioners of the Departments of Human 
29.10 	Services,; Children, Youth, and Families; Health,; Education,; State Planning,; and 
29.11 	Corrections;
29.12 	(2) a designee of the Direct Care and Treatment executive board;
29.13 	(3) the commissioner of commerce or a designee of the commissioner who is 
29.14 	knowledgeable about medical insurance issues;
29.15 	(4) at least one representative of an advocacy group for children with emotional 
29.16 	disturbances;
29.17 	(5) providers of children's mental health services, including at least one provider of 
29.18 	services to preadolescent children, one provider of services to adolescents, and one 
29.19 	hospital-based provider;
29.20 	(6) parents of children who have emotional disturbances;
29.21 	(7) a present or former consumer of adolescent mental health services;
29.22 	(8) educators currently working with emotionally disturbed children;
29.23 	(9) people knowledgeable about the needs of emotionally disturbed children of minority 
29.24 	races and cultures;
29.25 	(10) people experienced in working with emotionally disturbed children who have 
29.26 	committed status offenses;
29.27 	(11) members of the advisory council;
29.28 	(12) one person from the local corrections department and one representative of the 
29.29 	Minnesota District Judges Association Juvenile Committee; and
29.30 	(13) county commissioners and social services agency representatives.
30.1 	The chair of the advisory council shall appoint subcommittee members described in 
30.2 	clauses (4) to (12) through the process established in section 15.0597. The chair shall appoint 
30.3 	members to ensure a geographical balance on the subcommittee. Terms, compensation, 
30.4 	removal, and filling of vacancies are governed by subdivision 1, except that terms of 
30.5 	subcommittee members who are also members of the advisory council are coterminous with 
30.6 	their terms on the advisory council. The subcommittee shall meet at the call of the 
30.7 	subcommittee chair who is elected by the subcommittee from among its members. The 
30.8 	subcommittee expires with the expiration of the advisory council.

30.9 	Sec. 34. Minnesota Statutes 2024, section 245.814, subdivision 1, is amended to read:
30.10 		Subdivision 1.Insurance for foster home providers. (a) The commissioner of human 
30.11 	services or the commissioner of children, youth, and families shall within the appropriation 
30.12 	provided purchase and provide insurance to individuals licensed as foster home providers 
30.13 	to cover their liability for:
30.14 	(1) injuries or property damage caused or sustained by persons in foster care in their 
30.15 	home; and
30.16 	(2) actions arising out of alienation of affections sustained by the birth parents of a foster 
30.17 	child or birth parents or children of a foster adult.
30.18 	(b) Each commissioner shall provide insurance for the providers the commissioner 
30.19 	licenses.
30.20 	(c) For purposes of this subdivision, insurance for homes licensed to provide adult foster 
30.21 	care shall be limited to family adult foster care homes as defined in section 245A.02, 
30.22 	subdivision 6f, and family adult day services licensed under section 245A.143.

30.23 	Sec. 35. Minnesota Statutes 2024, section 245.814, subdivision 2, is amended to read:
30.24 		Subd. 2.Application of coverage. Coverage shall apply to all foster homes licensed by 
30.25 	the Department of Human Services or the Department of Children, Youth, and Families, 
30.26 	licensed by a federally recognized tribal government, or established by the juvenile court 
30.27 	and certified by the commissioner of corrections pursuant to section 260B.198, subdivision 
30.28 	1, paragraph (a), clause (3), item (v), to the extent that the liability is not covered by the 
30.29 	provisions of the standard homeowner's or automobile insurance policy. The insurance shall 
30.30 	not cover property owned by the individual foster home provider, damage caused 
30.31 	intentionally by a person over 12 years of age, or property damage arising out of business 
30.32 	pursuits or the operation of any vehicle, machinery, or equipment.

31.1 	Sec. 36. Minnesota Statutes 2024, section 245.814, subdivision 3, is amended to read:
31.2 		Subd. 3.Compensation provisions. If the commissioner of human services or the 
31.3 	commissioner of children, youth, and families is unable to obtain insurance through ordinary 
31.4 	methods for coverage of foster home providers, the appropriation shall be returned to the 
31.5 	general fund and the state shall pay claims subject to the following limitations.
31.6 	(a) Compensation shall be provided only for injuries, damage, or actions set forth in 
31.7 	subdivision 1.
31.8 	(b) Compensation shall be subject to the conditions and exclusions set forth in subdivision 
31.9 	2.
31.10 	(c) The state shall provide compensation for bodily injury, property damage, or personal 
31.11 	injury resulting from the foster home providers activities as a foster home provider while 
31.12 	the foster child or adult is in the care, custody, and control of the foster home provider in 
31.13 	an amount not to exceed $250,000 for each occurrence.
31.14 	(d) The state shall provide compensation for damage or destruction of property caused 
31.15 	or sustained by a foster child or adult in an amount not to exceed $250 for each occurrence.
31.16 	(e) The compensation in paragraphs (c) and (d) is the total obligation for all damages 
31.17 	because of each occurrence regardless of the number of claims made in connection with 
31.18 	the same occurrence, but compensation applies separately to each foster home. The state 
31.19 	shall have no other responsibility to provide compensation for any injury or loss caused or 
31.20 	sustained by any foster home provider or foster child or foster adult.
31.21 	This coverage is extended as a benefit to foster home providers to encourage care of 
31.22 	persons who need out-of-home care. Nothing in this section shall be construed to mean that 
31.23 	foster home providers are agents or employees of the state nor does the state accept any 
31.24 	responsibility for the selection, monitoring, supervision, or control of foster home providers 
31.25 	which is exclusively the responsibility of the counties which shall regulate foster home 
31.26 	providers in the manner set forth in the rules of the commissioner commissioners of human 
31.27 	services and children, youth, and families.

31.28 	Sec. 37. Minnesota Statutes 2024, section 245.814, subdivision 4, is amended to read:
31.29 		Subd. 4.Liability insurance; risk pool. If the commissioner that licenses a program
31.30 	determines that appropriate commercial liability insurance coverage is not available for a 
31.31 	licensed foster home, group home, developmental achievement center, or day care provider, 
31.32 	and that coverage available through the joint underwriting authority of the commissioner 
31.33 	of commerce or other public entity is not appropriate for the provider or a class of providers, 
32.1 	the commissioner of human services; the commissioner of children, youth, and families;
32.2 	and the commissioner of commerce may jointly establish a risk pool to provide coverage 
32.3 	for licensed providers out of premiums or fees paid by providers. The commissioners may 
32.4 	set limits on coverage, establish premiums or fees, determine the proportionate share of 
32.5 	each provider to be collected in a premium or fee based on the provider's claim experience 
32.6 	and other factors the commissioners consider appropriate, establish eligibility and application 
32.7 	requirements for coverage, and take other action necessary to accomplish the purposes of 
32.8 	this subdivision. A human services risk pool fund is created for the purposes of this 
32.9 	subdivision. Fees and premiums collected from providers for risk pool coverage are 
32.10 	appropriated to the risk pool fund. Interest earned from the investment of money in the fund 
32.11 	must be credited to the fund and money in the fund is appropriated to the commissioner
32.12 	commissioners of human services and children, youth, and families in proportion to the 
32.13 	amounts insured by each commissioner to pay administrative costs and covered claims for 
32.14 	participating providers. In the event that money in the fund is insufficient to pay outstanding 
32.15 	claims and associated administrative costs, the commissioner commissioners of human 
32.16 	services and children, youth, and families may assess providers participating in the risk pool 
32.17 	amounts sufficient to pay the costs. The commissioner commissioners of human services
32.18 	and children, youth, and families may not assess a provider an amount exceeding one year's 
32.19 	premiums collected from that provider.

32.20 	Sec. 38. Minnesota Statutes 2024, section 245C.02, subdivision 7, is amended to read:
32.21 		Subd. 7.Commissioner. "Commissioner" has the meaning given in section 245A.02, 
32.22 	subdivision 5 means the commissioner of human services.

32.23 	Sec. 39. Minnesota Statutes 2024, section 245C.02, subdivision 12, is amended to read:
32.24 		Subd. 12.License. "License" has the meaning given in section 245A.02, subdivision 8
32.25 	means a certificate issued by the commissioner of human services; children, youth, and 
32.26 	families; corrections; or health authorizing the license holder to provide a specified program 
32.27 	for a specified period of time and in accordance with the terms of the license and the rules 
32.28 	of the commissioner issuing the license.

32.29 	Sec. 40. Minnesota Statutes 2024, section 245C.02, subdivision 13, is amended to read:
32.30 		Subd. 13.License holder. "License holder" has the meaning given in section 245A.02, 
32.31 	subdivision 9 means an individual, organization, or government entity that is legally 
32.32 	responsible for the operation of the program or service and has been granted a license by 
32.33 	the commissioner of human services; children, youth, and families; corrections; or health.

33.1 	Sec. 41. Minnesota Statutes 2024, section 245C.031, subdivision 9, is amended to read:
33.2 		Subd. 9.Guardians ad litem; required checks. (a) An alternative background study 
33.3 	for a guardian ad litem under subdivision 8 must include:
33.4 	(1) criminal history data from the Bureau of Criminal Apprehension and other criminal 
33.5 	history data obtained by the commissioner of human services; and
33.6 	(2) data regarding whether the person has been a perpetrator of substantiated maltreatment 
33.7 	of a minor or a vulnerable adult. If the study subject has been determined by the Department 
33.8 	of Human Services; the Department of Children, Youth, and Families; or the Department 
33.9 	of Health to be the perpetrator of substantiated maltreatment of a minor or a vulnerable 
33.10 	adult in a licensed facility, the response must include a copy of the public portion of the 
33.11 	investigation memorandum under section 260E.30 or the public portion of the investigation 
33.12 	memorandum under section 626.557, subdivision 12b. When the background study shows 
33.13 	that the subject has been determined by a county adult protection or child protection agency 
33.14 	to have been responsible for maltreatment, the court shall be informed of the county, the 
33.15 	date of the finding, and the nature of the maltreatment that was substantiated.
33.16 	(b) For checks of records under paragraph (a), clauses (1) and (2), the commissioner 
33.17 	shall provide the records within 15 working days of receiving the request. The information 
33.18 	obtained under sections 245C.05 and 245C.08 from a national criminal history records 
33.19 	check shall be provided within three working days of the commissioner's receipt of the data.
33.20 	(c) Notwithstanding section 260E.30 or 626.557, subdivision 12b, if the commissioner 
33.21 	or county lead agency or lead investigative agency has information that a person of whom 
33.22 	a background study was previously completed under this section has been determined to 
33.23 	be a perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the 
33.24 	county may provide this information to the court that requested the background study.

33.25 	Sec. 42. Minnesota Statutes 2024, section 245C.033, subdivision 2, is amended to read:
33.26 		Subd. 2.State licensing agency data. (a) Requests for state licensing agency data 
33.27 	submitted pursuant to section 524.5-118 must include information from a check of state 
33.28 	licensing agency records.
33.29 	(b) The commissioner shall provide the court with licensing agency data for licenses 
33.30 	directly related to the responsibilities of a guardian or conservator if the guardian or 
33.31 	conservator has a current or prior affiliation with the:
33.32 	(1) Lawyers Responsibility Board;
34.1 	(2) State Board of Accountancy;
34.2 	(3) Board of Social Work;
34.3 	(4) Board of Psychology;
34.4 	(5) Board of Nursing;
34.5 	(6) Board of Medical Practice;
34.6 	(7) Department of Education;
34.7 	(8) Department of Commerce;
34.8 	(9) Board of Chiropractic Examiners;
34.9 	(10) Board of Dentistry;
34.10 	(11) Board of Marriage and Family Therapy;
34.11 	(12) Department of Human Services;
34.12 	(13) Department of Children, Youth, and Families;
34.13 	(13) (14) Peace Officer Standards and Training (POST) Board; or
34.14 	(14) (15) Professional Educator Licensing and Standards Board.
34.15 	(c) The commissioner shall provide to the court the electronically available data 
34.16 	maintained in the agency's database, including whether the guardian or conservator is or 
34.17 	has been licensed by the agency and whether a disciplinary action or a sanction against the 
34.18 	individual's license, including a condition, suspension, revocation, or cancellation, is in the 
34.19 	licensing agency's database.

34.20 	Sec. 43. Minnesota Statutes 2024, section 245C.05, subdivision 7, is amended to read:
34.21 		Subd. 7.Probation officer and corrections agent. (a) A probation officer or corrections 
34.22 	agent shall notify the commissioner of an individual's conviction if the individual:
34.23 	(1) has been affiliated with a program or facility regulated by the Department of Human 
34.24 	Services; Department of Children, Youth, and Families; or Department of Health, a facility 
34.25 	serving children or youth licensed by the Department of Corrections, or any type of home 
34.26 	care agency or provider of personal care assistance services within the preceding year; and
34.27 	(2) has been convicted of a crime constituting a disqualification under section 245C.14.
34.28 	(b) For the purpose of this subdivision, "conviction" has the meaning given it in section 
34.29 	609.02, subdivision 5.
35.1 	(c) The commissioner, in consultation with the commissioner of corrections, shall develop 
35.2 	forms and information necessary to implement this subdivision and shall provide the forms 
35.3 	and information to the commissioner of corrections for distribution to local probation officers 
35.4 	and corrections agents.
35.5 	(d) The commissioner shall inform individuals subject to a background study that criminal 
35.6 	convictions for disqualifying crimes shall be reported to the commissioner by the corrections 
35.7 	system.
35.8 	(e) A probation officer, corrections agent, or corrections agency is not civilly or criminally 
35.9 	liable for disclosing or failing to disclose the information required by this subdivision.
35.10 	(f) Upon receipt of disqualifying information, the commissioner shall provide the notice 
35.11 	required under section 245C.17, as appropriate, to agencies on record as having initiated a 
35.12 	background study or making a request for documentation of the background study status 
35.13 	of the individual.
35.14 	(g) This subdivision does not apply to family child care programs or legal nonlicensed 
35.15 	child care programs for individuals whose background study was completed in NETStudy 
35.16 	2.0.

35.17 	Sec. 44. Minnesota Statutes 2024, section 245C.07, is amended to read:
35.18 	245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.
35.19 	(a) Subject to the conditions in paragraph (d), when a license holder, applicant, or other 
35.20 	entity owns multiple programs or services that are licensed by the Department of Human 
35.21 	Services,; Department of Children, Youth, and Families; Department of Health,; or 
35.22 	Department of Corrections, only one background study is required for an individual who 
35.23 	provides direct contact services in one or more of the licensed programs or services if:
35.24 	(1) the license holder designates one individual with one address and telephone number 
35.25 	as the person to receive sensitive background study information for the multiple licensed 
35.26 	programs or services that depend on the same background study; and
35.27 	(2) the individual designated to receive the sensitive background study information is 
35.28 	capable of determining, upon request of the department, whether a background study subject 
35.29 	is providing direct contact services in one or more of the license holder's programs or services 
35.30 	and, if so, at which location or locations.
35.31 	(b) When a license holder maintains background study compliance for multiple licensed 
35.32 	programs according to paragraph (a), and one or more of the licensed programs closes, the 
36.1 	license holder shall immediately notify the commissioner which staff must be transferred 
36.2 	to an active license so that the background studies can be electronically paired with the 
36.3 	license holder's active program.
36.4 	(c) When a background study is being initiated by a licensed program or service or a 
36.5 	foster care provider that is also licensed under chapter 144G, a study subject affiliated with 
36.6 	multiple licensed programs or services may attach to the background study form a cover 
36.7 	letter indicating the additional names of the programs or services, addresses, and background 
36.8 	study identification numbers.
36.9 	When the commissioner receives a notice, the commissioner shall notify each program 
36.10 	or service identified by the background study subject of the study results.
36.11 	The background study notice the commissioner sends to the subsequent agencies shall 
36.12 	satisfy those programs' or services' responsibilities for initiating a background study on that 
36.13 	individual.
36.14 	(d) If a background study was conducted on an individual related to child foster care 
36.15 	and the requirements under paragraph (a) are met, the background study is transferable 
36.16 	across all licensed programs. If a background study was conducted on an individual under 
36.17 	a license other than child foster care and the requirements under paragraph (a) are met, the 
36.18 	background study is transferable to all licensed programs except child foster care.
36.19 	(e) The provisions of this section that allow a single background study in one or more 
36.20 	licensed programs or services do not apply to background studies submitted by adoption 
36.21 	agencies, supplemental nursing services agencies, personnel pool agencies, educational 
36.22 	programs, professional services agencies, temporary personnel agencies, and unlicensed 
36.23 	personal care provider organizations.
36.24 	(f) For an entity operating under NETStudy 2.0, the entity's active roster must be the 
36.25 	system used to document when a background study subject is affiliated with multiple entities. 
36.26 	For a background study to be transferable:
36.27 	(1) the background study subject must be on and moving to a roster for which the person 
36.28 	designated to receive sensitive background study information is the same; and
36.29 	(2) the same entity must own or legally control both the roster from which the transfer 
36.30 	is occurring and the roster to which the transfer is occurring. For an entity that holds or 
36.31 	controls multiple licenses, or unlicensed personal care provider organizations, there must 
36.32 	be a common highest level entity that has a legally identifiable structure that can be verified 
36.33 	through records available from the secretary of state.

37.1 	Sec. 45. Minnesota Statutes 2024, section 256.88, is amended to read:
37.2 	256.88 SOCIAL WELFARE FUND ESTABLISHED.
37.3 	Except as otherwise expressly provided, all moneys and funds held by the commissioner 
37.4 	of human services,; the commissioner of children, youth, and families; the Direct Care and 
37.5 	Treatment executive board,; and the local social services agencies of the several counties 
37.6 	in trust or for the benefit of children with a disability and children who are dependent, 
37.7 	neglected, or delinquent,; children born to mothers who were not married to the children's 
37.8 	fathers at the times of the conception nor at the births of the children,; persons determined 
37.9 	to have developmental disability, mental illness, or substance use disorder,; or other wards 
37.10 	or beneficiaries, under any law, shall be kept in a single fund to be known as the "social 
37.11 	welfare fund" which shall be deposited at interest, held, or disbursed as provided in sections 
37.12 	256.89 to 256.92.

37.13 	Sec. 46. Minnesota Statutes 2024, section 256.89, is amended to read:
37.14 	256.89 FUND DEPOSITED IN STATE TREASURY.
37.15 	The social welfare fund and all accretions thereto shall be deposited in the state treasury, 
37.16 	as a separate and distinct fund, to the credit of the commissioner of human services; the 
37.17 	commissioner of children, youth, and families; and the Direct Care and Treatment executive 
37.18 	board as trustees for their respective beneficiaries in proportion to the beneficiaries' several 
37.19 	interests. The commissioner of management and budget shall be responsible only to the 
37.20 	commissioner of human services; the commissioner of children, youth, and families; and 
37.21 	the Direct Care and Treatment executive board for the sum total of the fund, and shall have 
37.22 	no duties nor direct obligations toward the beneficiaries thereof individually. Subject to the 
37.23 	applicable rules of the commissioner of human services; the commissioner of children, 
37.24 	youth, and families; or the Direct Care and Treatment executive board, money so received 
37.25 	by a local social services agency may be deposited by the executive secretary of the local 
37.26 	social services agency in a local bank carrying federal deposit insurance, designated by the 
37.27 	local social services agency for this purpose. The amount of such deposit in each such bank 
37.28 	at any one time shall not exceed the amount protected by federal deposit insurance.

37.29 	Sec. 47. Minnesota Statutes 2024, section 256.90, is amended to read:
37.30 	256.90 SOCIAL WELFARE FUND; USE; DISPOSITION; DEPOSITORIES.
37.31 	The commissioner of human services, in consultation with the commissioner of children, 
37.32 	youth, and families and the Direct Care and Treatment executive board, at least 30 days 
37.33 	before the first day of January and the first day of July in each year shall file with the 
38.1 	commissioner of management and budget an estimate of the amount of the social welfare 
38.2 	fund to be held in the treasury during the succeeding six-month period, subject to current 
38.3 	disbursement. Such portion of the remainder thereof as may be at any time designated by 
38.4 	the request of the commissioner of human services may be invested by the commissioner 
38.5 	of management and budget in bonds in which the permanent trust funds of the state of 
38.6 	Minnesota may be invested, upon approval by the State Board of Investment. The portion 
38.7 	of such remainder not so invested shall be placed by the commissioner of management and 
38.8 	budget at interest for the period of six months, or when directed by the commissioner of 
38.9 	human services, for the period of 12 months thereafter at the highest rate of interest obtainable 
38.10 	in a bank, or banks, designated by the board of deposit as a suitable depository therefor. All 
38.11 	the provisions of law relative to the designation and qualification of depositories of other 
38.12 	state funds shall be applicable to sections 256.88 to 256.92, except as herein otherwise 
38.13 	provided. Any bond given, or collateral assigned or both, to secure a deposit hereunder may 
38.14 	be continuous in character to provide for the repayment of any moneys belonging to the 
38.15 	fund theretofore or thereafter at any time deposited in such bank until its designation as 
38.16 	such depository is revoked and the security thereof shall be not impaired by any subsequent 
38.17 	agreement or understanding as to the rate of interest to be paid upon such deposit, or as to 
38.18 	time for its repayment. The amount of money belonging to the fund deposited in any bank, 
38.19 	including other state deposits, shall not at any time exceed the amount of the capital stock 
38.20 	thereof. In the event of the closing of the bank any sum deposited therein shall immediately 
38.21 	become due and payable.

38.22 	Sec. 48. Minnesota Statutes 2024, section 256.91, is amended to read:
38.23 	256.91 PURPOSES.
38.24 	From that part of the social welfare fund held in the state treasury subject to disbursement 
38.25 	as provided in section 256.90, the commissioner of human services; the commissioner of 
38.26 	children, youth, and families; or the Direct Care and Treatment executive board at any time 
38.27 	may pay out such amounts as the commissionercommissioners or executive board deems 
38.28 	proper for the support, maintenance, or other legal benefit of any of the children with a 
38.29 	disability and children who are dependent, neglected, or delinquent,; children born to mothers 
38.30 	who were not married to the children's fathers at the times of the conception nor at the births 
38.31 	of the children,; persons with developmental disability, substance use disorder, or mental 
38.32 	illness,; or other wards or persons entitled thereto, not exceeding in the aggregate to or for 
38.33 	any person the principal amount previously received for the benefit of the person, together 
38.34 	with the increase in it from an equitable apportionment of interest realized from the social 
38.35 	welfare fund.
39.1 	When any such person dies or is finally discharged from the guardianship, care, custody, 
39.2 	and control of the commissioner of human services; the commissioner of children, youth, 
39.3 	and families; or the Direct Care and Treatment executive board, the amount then remaining 
39.4 	subject to use for the benefit of the person shall be paid as soon as may be from the social 
39.5 	welfare fund to the persons thereto entitled by law.

39.6 	Sec. 49. Minnesota Statutes 2024, section 256.92, is amended to read:
39.7 	256.92 COMMISSIONER OF HUMAN SERVICES AND DIRECT CARE AND 
39.8 	TREATMENT COMMISSIONERS AND EXECUTIVE BOARD, ACCOUNTS.
39.9 	It shall be the duty of the commissioner of human services,; the commissioner of children, 
39.10 	youth, and families; the Direct Care and Treatment executive board,; and the local social 
39.11 	services agencies of the several counties of this state to cause to be deposited with the 
39.12 	commissioner of management and budget all moneys and funds in their possession or under 
39.13 	their control and designated by section 256.91 as and for the social welfare fund; and all 
39.14 	such moneys and funds shall be so deposited in the state treasury as soon as received. The 
39.15 	commissioner of human services, in consultation with the commissioner of children, youth, 
39.16 	and families and the Direct Care and Treatment executive board, shall keep books of account 
39.17 	or other records showing separately the principal amount received and deposited in the 
39.18 	social welfare fund for the benefit of any person, together with the name of such person, 
39.19 	and the name and address, if known to the commissioner of human services; the 
39.20 	commissioner of children, youth, and families; or the Direct Care and Treatment executive 
39.21 	board, of the person from whom such money was received; and, at least once every two 
39.22 	years, the amount of interest, if any, which the money has earned in the social welfare fund 
39.23 	shall be apportioned thereto and posted in the books of account or records to the credit of 
39.24 	such beneficiary.
39.25 	The provisions of sections 256.88 to 256.92 shall not apply to any fund or money now 
39.26 	or hereafter deposited or otherwise disposed of pursuant to the lawful orders, decrees, 
39.27 	judgments, or other directions of any district court having jurisdiction thereof.

39.28 	Sec. 50. Minnesota Statutes 2024, section 256G.01, subdivision 1, is amended to read:
39.29 		Subdivision 1.Applicability. This chapter governs the Minnesota human services system. 
39.30 	The system includes the Department of Human Services,; the Department of Children, 
39.31 	Youth, and Families; Direct Care and Treatment,; local social services agencies,; county 
39.32 	welfare agencies,; human service boards,; community mental health center boards,; state 
40.1 	hospitals,; state nursing homes,; and persons, agencies, institutions, organizations, and other 
40.2 	entities under contract to any of those agencies to the extent specified in the contract.

40.3 	Sec. 51. Minnesota Statutes 2024, section 256G.01, subdivision 3, is amended to read:
40.4 		Subd. 3.Program coverage. This chapter applies to all social service programs 
40.5 	administered by the commissioner of human services; the commissioner of children, youth, 
40.6 	and families; or the Direct Care and Treatment executive board in which residence is the 
40.7 	determining factor in establishing financial responsibility. These include, but are not limited 
40.8 	to: commitment proceedings, including voluntary admissions; emergency holds; poor relief 
40.9 	funded wholly through local agencies; social services, including title XX, IV-E and section 
40.10 	256K.10; social services programs funded wholly through the resources of county agencies; 
40.11 	social services provided under the Minnesota Indian Family Preservation Act, sections 
40.12 	260.751 to 260.781; costs for delinquency confinement under section 393.07, subdivision 
40.13 	2; service responsibility for these programs; and housing support under chapter 256I.

40.14 	Sec. 52. Minnesota Statutes 2024, section 256G.03, subdivision 2, is amended to read:
40.15 		Subd. 2.No durational test. Except as otherwise provided in sections 142G.12; 142G.78; 
40.16 	256B.056, subdivision 1; and 256D.02, subdivision 12a for purposes of this chapter, no 
40.17 	waiting period is required before securing county or state residence. A person cannot, 
40.18 	however, gain residence while physically present in an excluded time facility unless otherwise 
40.19 	specified in this chapter or in a federal regulation controlling a federally funded human 
40.20 	service; children, youth, and families; or direct care and treatment program. Interstate 
40.21 	migrants who enter a shelter for battered women directly from another state can gain 
40.22 	residency while in the facility provided the person can provide documentation that the person 
40.23 	is a victim of domestic abuse and the county determines that the placement is appropriate.

40.24 	Sec. 53. Minnesota Statutes 2024, section 256G.04, subdivision 2, is amended to read:
40.25 		Subd. 2.Moving out of state. (a) A person retains county and state residence so long 
40.26 	as the person's absence from Minnesota is viewed as a temporary absence within the context 
40.27 	of the affected program.
40.28 	(b) Direct entry into a facility in another state does not end Minnesota residence for 
40.29 	purposes of this chapter. Financial responsibility does not continue, however, unless 
40.30 	placement was initiated by a human service; children, youth, and families; or direct care 
40.31 	and treatment agency or another governmental entity that has statutory authority to bind the 
40.32 	human service; children, youth, and families; or direct care and treatment agency and is 
41.1 	based on a formal, written plan of treatment, or unless federal regulations require payment 
41.2 	for an out-of-state resident.

41.3 	Sec. 54. Minnesota Statutes 2024, section 256G.09, subdivision 2, is amended to read:
41.4 		Subd. 2.Financial disputes. (a) If the county receiving the transmittal does not believe 
41.5 	it is financially responsible, it should provide to the commissioner of human services and 
41.6 	the initially responsible county a statement of all facts and documents necessary for the 
41.7 	commissioner to make the requested determination of financial responsibility. The submission 
41.8 	must clearly state the program area in dispute and must state the specific basis upon which 
41.9 	the submitting county is denying financial responsibility.
41.10 	(b) The initially responsible county then has 15 calendar days to submit its position and 
41.11 	any supporting evidence to the commissioner of human services. The absence of a submission 
41.12 	by the initially responsible county does not limit the right of the commissioner of human 
41.13 	services; the commissioner of children, youth, and families; or Direct Care and Treatment 
41.14 	executive board to issue a binding opinion based on the evidence actually submitted.
41.15 	(c) A case must not be submitted until the local agency taking the application or making 
41.16 	the commitment has made an initial determination about eligibility and financial 
41.17 	responsibility, and services have been initiated. This paragraph does not prohibit the 
41.18 	submission of closed cases that otherwise meet the applicable statute of limitations.

41.19 	Sec. 55. Minnesota Statutes 2024, section 256G.09, subdivision 3, is amended to read:
41.20 		Subd. 3.Commissioner of human services obligations. (a) Except as provided in 
41.21 	paragraph (b) for matters solely under the jurisdiction of the Direct Care and Treatment 
41.22 	executive board or the commissioner of children, youth, and families, the commissioner of 
41.23 	human services shall then promptly decide any question of financial responsibility as outlined 
41.24 	in this chapter and make an order referring the application to the local agency of the proper 
41.25 	county for further action. Further action may include reimbursement by that county of 
41.26 	assistance that another county has provided to the applicant under this subdivision. The 
41.27 	commissioner shall decide disputes within 60 days of the last county evidentiary submission 
41.28 	and shall issue an immediate opinion.
41.29 	(b) For disputes regarding financial responsibility relating to matters solely under the 
41.30 	jurisdiction of the Direct Care and Treatment executive board or the commissioner of 
41.31 	children, youth, and families, the commissioner of human services shall promptly issue an 
41.32 	advisory opinion on any question of financial responsibility as outlined in this chapter and 
41.33 	recommend to the executive board or commissioner of children, youth, and families an 
42.1 	order referring the application to the local agency of the proper county for further action. 
42.2 	Further action may include reimbursement by that county of assistance that another county 
42.3 	has provided to the applicant under this subdivision. The commissioner of human services
42.4 	shall provide an advisory opinion and recommended order to the executive board or 
42.5 	commissioner of children, youth, and families within 30 days of the last county evidentiary 
42.6 	submission. The executive board or commissioner of children, youth, and families shall 
42.7 	decide to accept or reject the commissioner's advisory opinion and recommended order 
42.8 	within 60 days of the last county evidentiary submission and shall issue an immediate 
42.9 	opinion stating the reasons for accepting or rejecting the commissioner's recommendation
42.10 	of the commissioner of human services.
42.11 	(c) The commissioner of human services may make any investigation it considers proper 
42.12 	before making a decision or a recommendation to the executive board or commissioner of 
42.13 	children, youth, and families. The commissioner of human services may prescribe rules it 
42.14 	considers necessary to carry out this subdivision except that the commissioner of human 
42.15 	services must not create rules purporting to bind the executive board's decision of the 
42.16 	executive board or commissioner of children, youth, and families on any advisory opinion 
42.17 	or recommended order under paragraph (b).
42.18 	(d) Except as provided in paragraph (e) for matters solely under the jurisdiction of the 
42.19 	executive board or the commissioner of children, youth, and families, the order of the 
42.20 	commissioner of human services binds the local agency involved and the applicant or 
42.21 	recipient. That agency shall comply with the order unless reversed on appeal as provided 
42.22 	in section 256.045, subdivision 7. The agency shall comply with the order pending the 
42.23 	appeal.
42.24 	(e) For disputes regarding financial responsibility relating to matters solely under the 
42.25 	jurisdiction of the Direct Care and Treatment executive board or the commissioner of 
42.26 	children, youth, and families, the order of the executive board or the commissioner of 
42.27 	children, youth, and families binds the local agency involved and the applicant or recipient. 
42.28 	That agency shall comply with the order of the executive board or the commissioner of 
42.29 	children, youth, and families unless the order is reversed on appeal as provided in section
42.30 	142A.20, subdivision 5, or256.045, subdivision 7. The agency shall comply with the order 
42.31 	of the executive board or the commissioner of children, youth, and families pending the 
42.32 	appeal.

43.1 	Sec. 56. Minnesota Statutes 2024, section 256G.09, subdivision 4, is amended to read:
43.2 		Subd. 4.Appeals. A local agency that is aggrieved by the order of the department
43.3 	commissioner of human services, executive board, or commissioner of children, youth, and 
43.4 	families under subdivision 3, paragraph (e), may appeal the opinion to the district court of 
43.5 	the county responsible for furnishing assistance or services by serving a written copy of a 
43.6 	notice of appeal on the commissioner of human services and any adverse party of record 
43.7 	within 30 days after the date the department issued the opinion, and by filing the original 
43.8 	notice and proof of service with the court administrator of district court. Service may be 
43.9 	made personally or by mail. Service by mail is complete upon mailing.
43.10 	The commissioner of human services; the commissioner of children, youth, and families; 
43.11 	or the executive board may elect to become a party to the proceedings in district court. The 
43.12 	court may consider the matter in or out of chambers and shall take no new or additional 
43.13 	evidence.

43.14 	Sec. 57. Minnesota Statutes 2024, section 256G.09, subdivision 5, is amended to read:
43.15 		Subd. 5.Payment pending appeal. After the department commissioner of human 
43.16 	services, executive board, or commissioner of children, youth, and families under subdivision 
43.17 	3, paragraph (e), issues an opinion in any submission under this section, the service or 
43.18 	assistance covered by the submission must be provided or paid pending or during an appeal 
43.19 	to the district court.

43.20 	Sec. 58. Minnesota Statutes 2024, section 256G.10, is amended to read:
43.21 	256G.10 DERIVATIVE SETTLEMENT.
43.22 	(a) The residence of the parent of a minor child, with whom that child last lived in a 
43.23 	nonexcluded time setting, or guardian of a ward shall determine the residence of the child 
43.24 	or ward for all social services governed by this chapter.
43.25 	(b) For purposes of this chapter, a minor child is defined as being under 18 years of age 
43.26 	unless otherwise specified in a program administered by the commissioner of human services; 
43.27 	the commissioner of children, youth, and families; or the Direct Care and Treatment executive 
43.28 	board.
43.29 	(c) Physical or legal custody has no bearing on residence determinations. This section 
43.30 	does not, however, apply to situations involving another state, limit the application of an 
43.31 	interstate compact, or apply to situations involving state wards where the commissioner of 
43.32 	human services or children, youth, and families is defined by law as the guardian.

44.1 	Sec. 59. Minnesota Statutes 2024, section 256G.11, is amended to read:
44.2 	256G.11 NO RETROACTIVE EFFECT.
44.3 	(a) This chapter is not retroactive and does not require redetermination of financial 
44.4 	responsibility for cases existing on January 1, 1988. This chapter applies only to applications 
44.5 	and redeterminations of eligibility taken or routinely made after January 1, 1988.
44.6 	(b) Notwithstanding this section, existing social services cases shall be treated in the 
44.7 	same manner as cases for those programs outlined in section 256G.02, subdivision 4, 
44.8 	paragraph (g), for which an application is taken or a redetermination is made after January 
44.9 	1, 1988.
44.10 	(c) The requirement under section 256G.09, subdivision 3, for the Direct Care and 
44.11 	Treatment executive board or the commissioner of children, youth, and families to accept 
44.12 	or reject the recommendation of the commissioner of humans services regarding the county 
44.13 	of financial responsibility for matters solely under the jurisdiction of the executive board
44.14 	or the commissioner of children, youth, and families is not retroactive and does not require 
44.15 	redetermination of financial responsibility for cases existing prior to the effective date of 
44.16 	the transfer of all authorities and responsibilities from the Department of Human Services 
44.17 	to Direct Care and Treatment.
44.18 	(d) Notwithstanding paragraph (c), existing cases relating to matters under the jurisdiction 
44.19 	of the executive board must be treated in the same manner as cases relating to matters under 
44.20 	the jurisdiction of the executive board opened or redetermined after the effective date of 
44.21 	the transfer of all authorities and responsibilities from the Department of Human Services 
44.22 	to Direct Care and Treatment or the Department of Children, Youth, and Families.

44.23 	Sec. 60. Minnesota Statutes 2024, section 256G.12, subdivision 1, is amended to read:
44.24 		Subdivision 1.Limitation. A submission to the commissioner of human services; the 
44.25 	commissioner of children, youth, and families; or the Direct Care and Treatment executive 
44.26 	board for a determination of financial responsibility must be made within three years from 
44.27 	the date of application for the program in question or from the date of admission or 
44.28 	commitment to state or other institutions.

44.29 	Sec. 61. Minnesota Statutes 2024, section 260.762, subdivision 2a, is amended to read:
44.30 		Subd. 2a.Required findings that active efforts were provided. (a) A court shall not 
44.31 	order a child placement, termination of parental rights, guardianship to the commissioner 
44.32 	of children, youth, and families under section 260C.325, or temporary or permanent change 
45.1 	in custody of an Indian child unless the court finds that the child-placing agency or petitioner 
45.2 	demonstrated that active efforts were made to preserve the Indian child's family. Active 
45.3 	efforts to preserve the Indian child's family include efforts to prevent placement of the Indian 
45.4 	child to correct the conditions that led to the placement by ensuring remedial services and 
45.5 	rehabilitative programs designed to prevent the breakup of the family were provided in a 
45.6 	manner consistent with the prevailing social and cultural conditions of the Indian child's 
45.7 	Tribe and in partnership with the Indian child, the Indian child's parents, the Indian custodian, 
45.8 	extended family members, and Tribe, and that these efforts have proved unsuccessful.
45.9 	(b) The court, in determining whether active efforts were made to preserve the Indian 
45.10 	child's family for purposes of child placement or permanency, shall ensure the provision of 
45.11 	active efforts designed to correct the conditions that led to the placement of the Indian child 
45.12 	and shall make findings regarding whether the following activities were appropriate and 
45.13 	necessary, and whether the child-placing agency or petitioner ensured appropriate and 
45.14 	meaningful services were available based upon the family's specific needs, whether listed 
45.15 	in this paragraph or not:
45.16 	(1) whether active efforts were made at the earliest point possible to inquire into the 
45.17 	child's heritage, to identify any federally recognized Indian Tribe the child may be affiliated 
45.18 	with, to notify all potential Tribes at the earliest point possible, and to request participation 
45.19 	of the Indian child's Tribe;
45.20 	(2) whether a Tribally designated representative with substantial knowledge of the 
45.21 	prevailing social and cultural standards and child-rearing practices within the Tribal 
45.22 	community was provided an opportunity to consult with and be involved in any investigations 
45.23 	or assessments of the family's circumstances, participate in identifying the family's needs, 
45.24 	and participate in development of any plan to keep the Indian child safely in the home, 
45.25 	identify services designed to prevent the breakup of the Indian child's family, and to reunify 
45.26 	the Indian child's family as soon as safety can be assured if out-of-home placement has 
45.27 	occurred;
45.28 	(3) whether the Tribal representative was provided with all information available 
45.29 	regarding the proceeding, and whether it was requested that the Tribal representative assist 
45.30 	in identifying services designed to prevent the breakup of the Indian child's family and to 
45.31 	reunify the Indian child's family as soon as safety can be assured if out-of-home placement 
45.32 	has occurred;
45.33 	(4) whether, before making a decision that may affect an Indian child's safety and 
45.34 	well-being or when contemplating placement of an Indian child, guidance from the Indian 
46.1 	child's Tribe was sought regarding family structure, how the family can seek help, what 
46.2 	family and Tribal resources are available, and what barriers the family faces that could 
46.3 	threaten the family's preservation;
46.4 	(5) whether a Tribal representative was consulted to determine and arrange for visitation 
46.5 	in the most natural setting that ensures the Indian child's safety, when the Indian child's 
46.6 	safety requires supervised visitation;
46.7 	(6) whether early and ongoing efforts occurred to identify, locate, and include extended 
46.8 	family members as supports for the Indian child and the Indian child's family;
46.9 	(7) whether continued active efforts were made to identify and place the Indian child in 
46.10 	a home that is compliant with the placement preferences in sections 260.751 to 260.835, 
46.11 	including whether extended family members were consulted to provide support to the Indian 
46.12 	child and Indian child's parents; to inform the child-placing agency, petitioner, and court 
46.13 	as to cultural connections and family structure; to assist in identifying appropriate cultural 
46.14 	services and supports for the Indian child and Indian child's parents; and to identify and 
46.15 	serve as placement and permanency resources for the Indian child. If there was difficulty 
46.16 	contacting or engaging extended family members, whether assistance was sought from the 
46.17 	Tribe,; the Department of Human Services,; the Department of Children, Youth, and Families;
46.18 	or other agencies with expertise in working with Indian families;
46.19 	(8) whether services and resources were provided to extended family members who are 
46.20 	considered the primary placement option for an Indian child, as agreed upon by the 
46.21 	child-placing agency or petitioner and the Tribe, to overcome licensing and other barriers 
46.22 	to providing care to an Indian child. The need for services or resources shall not be a basis 
46.23 	to exclude an extended family member from consideration as a primary placement. Services 
46.24 	and resources include but are not limited to child care assistance, financial assistance, 
46.25 	housing resources, emergency resources, and foster care licensing assistance and resources;
46.26 	(9) whether concrete services and access to both Tribal and non-Tribal services were 
46.27 	provided to the Indian child's parents and Indian custodian and, where necessary, members 
46.28 	of the Indian child's extended family members who provide support to the Indian child and 
46.29 	the Indian child's parents; and whether these services were provided in an ongoing manner 
46.30 	throughout the child-placing agency or petitioner's involvement with the Indian family to 
46.31 	directly assist the Indian family in accessing and utilizing services to maintain the Indian 
46.32 	family, or to reunify the Indian family as soon as safety can be assured if out-of-home 
46.33 	placement has occurred. Services include but are not limited to financial assistance, food, 
47.1 	housing, health care, transportation, in-home services, community support services, and 
47.2 	specialized services; and
47.3 	(10) whether visitation occurred whenever possible in the home of the Indian child's 
47.4 	parent, Indian custodian, or extended family member or in another noninstitutional setting 
47.5 	in order to keep the Indian child in close contact with the Indian child's parents, siblings, 
47.6 	and other relatives regardless of the Indian child's age and to allow the Indian child and 
47.7 	those with whom the Indian child visits to have natural, unsupervised interaction when 
47.8 	consistent with protecting the child's safety.

47.9 	Sec. 62. Minnesota Statutes 2024, section 260B.171, subdivision 4, is amended to read:
47.10 		Subd. 4.Public inspection of records. (a) Legal records arising from proceedings or 
47.11 	portions of proceedings that are public under section 260B.163, subdivision 1, are open to 
47.12 	public inspection.
47.13 	(b) Except as otherwise provided by this section, none of the records of the juvenile 
47.14 	court and none of the records relating to an appeal from a nonpublic juvenile court 
47.15 	proceeding, except the written appellate opinion, shall be open to public inspection or their 
47.16 	contents disclosed except:
47.17 	(1) by order of a court; or
47.18 	(2) as required by chapter 245C or sections 142B.10,245A.04, 611A.03, 611A.04, 
47.19 	611A.06, and 629.73.
47.20 	(c) The victim of any alleged delinquent act may, upon the victim's request, obtain the 
47.21 	following information, unless it reasonably appears that the request is prompted by a desire 
47.22 	on the part of the requester to engage in unlawful activities:
47.23 	(1) the name and age of the juvenile;
47.24 	(2) the act for which the juvenile was petitioned and date of the offense; and
47.25 	(3) the disposition, including, but not limited to, dismissal of the petition, diversion, 
47.26 	probation and conditions of probation, detention, fines, or restitution.
47.27 	(d) The records of juvenile probation officers and county home schools are records of 
47.28 	the court for the purposes of this subdivision. Court services data relating to delinquent acts 
47.29 	that are contained in records of the juvenile court may be released as allowed under section 
47.30 	13.84, subdivision 6. This subdivision applies to all proceedings under this chapter, including 
47.31 	appeals from orders of the juvenile court, except that this subdivision does not apply to 
47.32 	proceedings under section 260B.335 or 260B.425 when the proceeding involves an adult 
48.1 	defendant. The court shall maintain the confidentiality of adoption files and records in 
48.2 	accordance with the provisions of laws relating to adoptions. In juvenile court proceedings 
48.3 	any report or social history furnished to the court shall be open to inspection by the attorneys 
48.4 	of record and the guardian ad litem a reasonable time before it is used in connection with 
48.5 	any proceeding before the court.
48.6 	(e) When a judge of a juvenile court, or duly authorized agent of the court, determines 
48.7 	under a proceeding under this chapter that a child has violated a state or local law, ordinance, 
48.8 	or regulation pertaining to the operation of a motor vehicle on streets and highways, except 
48.9 	parking violations, the judge or agent shall immediately report the violation to the 
48.10 	commissioner of public safety. The report must be made on a form provided by the 
48.11 	Department of Public Safety and must contain the information required under section 169.95.
48.12 	(f) A county attorney may give a law enforcement agency that referred a delinquency 
48.13 	matter to the county attorney a summary of the results of that referral, including the details 
48.14 	of any juvenile court disposition.

48.15 	Sec. 63. Minnesota Statutes 2024, section 260E.03, subdivision 6, is amended to read:
48.16 		Subd. 6.Facility. "Facility" means:
48.17 	(1) a licensed or unlicensed day care facility, certified license-exempt child care center, 
48.18 	residential facility, agency, hospital, sanitarium, or other facility or institution required to 
48.19 	be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter
48.20 	142B,142C, 144H, or 245D;
48.21 	(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; 
48.22 	or
48.23 	(3) a nonlicensed personal care provider organization as defined in section 256B.0625, 
48.24 	subdivision 19a.

48.25 	Sec. 64. Minnesota Statutes 2024, section 260E.11, subdivision 1, is amended to read:
48.26 		Subdivision 1.Reports of maltreatment in facility. A person mandated to report child 
48.27 	maltreatment occurring within a licensed facility shall report the information to the agency 
48.28 	responsible for licensing or certifying the facility under sections 144.50 to 144.58, 241.021, 
48.29 	and 245A.01 to 245A.16; or chapter 142B,142C, 144H, or 245D; or to a nonlicensed 
48.30 	personal care provider organization as defined in section 256B.0625, subdivision 19a.

49.1 	Sec. 65. Minnesota Statutes 2024, section 260E.30, subdivision 4, is amended to read:
49.2 		Subd. 4.Mitigating factors in investigating facilities. (a) When determining whether 
49.3 	the facility or individual is the responsible party or whether both the facility and the individual 
49.4 	are responsible for determined maltreatment in a facility, the investigating agency shall 
49.5 	consider at least the following mitigating factors:
49.6 	(1) whether the actions of the facility or the individual caregivers were according to, 
49.7 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
49.8 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
49.9 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
49.10 	directive or knew or should have known of the errors and took no reasonable measures to 
49.11 	correct the defect before administering care;
49.12 	(2) comparative responsibility between the facility, other caregivers, and requirements 
49.13 	placed upon an employee, including the facility's compliance with related regulatory standards 
49.14 	and the adequacy of facility policies and procedures, facility training, an individual's 
49.15 	participation in the training, the caregiver's supervision, and facility staffing levels and the 
49.16 	scope of the individual employee's authority and discretion; and
49.17 	(3) whether the facility or individual followed professional standards in exercising 
49.18 	professional judgment.
49.19 	(b) The evaluation of the facility's responsibility under paragraph (a), clause (2), must 
49.20 	not be based on the completeness of the risk assessment or risk reduction plan required 
49.21 	under section 245A.66 142B.54, but must be based on the facility's compliance with the 
49.22 	regulatory standards for policies and procedures, training, and supervision as cited in 
49.23 	Minnesota Statutes and Minnesota Rules.
49.24 	(c) Notwithstanding paragraphs (a) and (b), when maltreatment is determined to have 
49.25 	been committed by an individual who is also the facility license holder, both the individual 
49.26 	and the facility must be determined responsible for the maltreatment, and both the background 
49.27 	study disqualification standards under section 245C.15, subdivision 4, and the licensing or 
49.28 	certification actions under section 142B.16, 142B.18, 142C.06, 142C.07, 245A.06, or 
49.29 	245A.07 apply.

49.30 	Sec. 66. Minnesota Statutes 2024, section 260E.33, subdivision 6, is amended to read:
49.31 		Subd. 6.Contested case hearing. If a maltreatment determination or a disqualification 
49.32 	based on serious or recurring maltreatment is the basis for a denial of a license under section
49.33 	142B.15 or245A.05 or a licensing sanction under section 142B.18 or245A.07, the license 
50.1 	holder has the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 
50.2 	1400.8505 to 1400.8612. As provided for under section 142B.20, subdivision 3, or245A.08, 
50.3 	subdivision 2a, the scope of the contested case hearing shall include the maltreatment 
50.4 	determination, disqualification, and licensing sanction or denial of a license. In such cases, 
50.5 	a fair hearing regarding the maltreatment determination and disqualification shall not be 
50.6 	conducted under section 256.045. Except for family child care and child foster care, 
50.7 	reconsideration of a maltreatment determination as provided under this subdivision and 
50.8 	reconsideration of a disqualification as provided under section 245C.22 shall also not be 
50.9 	conducted when:
50.10 	(1) a denial of a license under section 142B.15 or245A.05 or a licensing sanction under 
50.11 	section 142B.18 or245A.07 is based on a determination that the license holder is responsible 
50.12 	for maltreatment or the disqualification of a license holder based on serious or recurring 
50.13 	maltreatment;
50.14 	(2) the denial of a license or licensing sanction is issued at the same time as the 
50.15 	maltreatment determination or disqualification; and
50.16 	(3) the license holder appeals the maltreatment determination or disqualification and 
50.17 	denial of a license or licensing sanction.
50.18 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
50.19 	determination or disqualification but does not appeal the denial of a license or a licensing 
50.20 	sanction, reconsideration of the maltreatment determination shall be conducted under 
50.21 	subdivision 2 and section 626.557, subdivision 9d, and reconsideration of the disqualification 
50.22 	shall be conducted under section 245C.22. In such cases, a fair hearing shall also be 
50.23 	conducted as provided under subdivision 2 and sections 245C.27 and 626.557, subdivision 
50.24 	9d.
50.25 	If the disqualified subject is an individual other than the license holder and upon whom 
50.26 	a background study must be conducted under chapter 245C, the hearings of all parties may 
50.27 	be consolidated into a single contested case hearing upon consent of all parties and the 
50.28 	administrative law judge.

50.29 	Sec. 67. Minnesota Statutes 2024, section 261.232, is amended to read:
50.30 	261.232 DUTIES OF COMMISSIONER COMMISSIONERS OF HUMAN 
50.31 	SERVICES AND CHILDREN, YOUTH, AND FAMILIES.
50.32 	The commissioner commissioners of human services and children, youth, and families
50.33 	shall promulgate rules to establish administrative and fiscal procedures for payment of the 
51.1 	state share of the costs incurred by the counties under sections 261.21 to 261.231. The rules 
51.2 	may include:
51.3 	(a) procedures by which state liability for the costs of hospitalization of indigent persons 
51.4 	may be deducted from county liability to the state under any other public assistance program 
51.5 	authorized by law;
51.6 	(b) procedures for processing claims of counties for reimbursement by the state for 
51.7 	expenditures made by the counties for the hospitalization of indigent persons; and
51.8 	(c) standards for eligibility and utilization of medical care.

51.9 	Sec. 68. Minnesota Statutes 2024, section 270B.14, subdivision 1, is amended to read:
51.10 		Subdivision 1.Disclosure to commissioner of human services. (a) On the request of 
51.11 	the commissioner of human services, the commissioner shall disclose return information 
51.12 	regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to the 
51.13 	extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
51.14 	(b) Data that may be disclosed are limited to data relating to the identity, whereabouts, 
51.15 	employment, income, and property of a person owing or alleged to be owing an obligation 
51.16 	of child support.
51.17 	(c) The commissioner of human services may request data only for the purposes of 
51.18 	carrying out the child support enforcement program and to assist in the location of parents 
51.19 	who have, or appear to have, deserted their children. Data received may be used only as set 
51.20 	forth in section 518A.83.
51.21 	(d) (a) The commissioner shall provide the records and information necessary to 
51.22 	administer the supplemental housing allowance to the commissioner of human services.
51.23 	(e) (b) At the request of the commissioner of human services, the commissioner of 
51.24 	revenue shall electronically match the Social Security or individual taxpayer identification 
51.25 	numbers and names of participants in the telephone assistance plan operated under sections 
51.26 	237.69 to 237.71, with those of property tax refund filers under chapter 290A or renter's 
51.27 	credit filers under section 290.0693, and determine whether each participant's household 
51.28 	income is within the eligibility standards for the telephone assistance plan.
51.29 	(f) (c) The commissioner may provide records and information collected under sections 
51.30 	295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid 
51.31 	Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law 
51.32 	102-234. Upon the written agreement by the United States Department of Health and Human 
52.1 	Services to maintain the confidentiality of the data, the commissioner may provide records 
52.2 	and information collected under sections 295.50 to 295.59 to the Centers for Medicare and 
52.3 	Medicaid Services section of the United States Department of Health and Human Services 
52.4 	for purposes of meeting federal reporting requirements.
52.5 	(g) (d) The commissioner may provide records and information to the commissioner of 
52.6 	human services as necessary to administer the early refund of refundable tax credits.
52.7 	(h) (e) The commissioner may disclose information to the commissioner of human 
52.8 	services as necessary for income verification for eligibility and premium payment under 
52.9 	the MinnesotaCare program, under section 256L.05, subdivision 2, as well as the medical 
52.10 	assistance program under chapter 256B.
52.11 	(i) (f) The commissioner may disclose information to the commissioner of human services 
52.12 	necessary to verify whether applicants or recipients for the Minnesota family investment 
52.13 	program, general assistance, the Supplemental Nutrition Assistance Program (SNAP), and 
52.14 	the Minnesota supplemental aid program, and child care assistance have claimed refundable 
52.15 	tax credits under chapter 290 and the property tax refund under chapter 290A, and the 
52.16 	amounts of the credits.
52.17 	(j) (g) At the request of the commissioner of human services and when authorized in 
52.18 	writing by the taxpayer, the commissioner of revenue may match the business legal name 
52.19 	or individual legal name, and the Minnesota tax identification number, federal Employer 
52.20 	Identification Number, or Social Security number of the applicant under section 142C.03; 
52.21 	245A.04, subdivision 1; or 245I.20; or license or certification holder. The commissioner of 
52.22 	revenue may share the matching with the commissioner of human services. The matching 
52.23 	may only be used by the commissioner of human services to determine eligibility for provider 
52.24 	grant programs and to facilitate the regulatory oversight of license and certification holders 
52.25 	as it relates to ownership and public funds program integrity. This paragraph applies only 
52.26 	if the commissioner of human services and the commissioner of revenue enter into an 
52.27 	interagency agreement for the purposes of this paragraph.

52.28 	Sec. 69. Minnesota Statutes 2024, section 270B.14, is amended by adding a subdivision 
52.29 	to read:
52.30 		Subd. 24.Disclosure to commissioner of children, youth, and families.  (a) On the 
52.31 	request of the commissioner of children, youth, and families, the commissioner shall disclose 
52.32 	return information regarding taxes imposed by chapter 290, and claims for refunds under 
52.33 	chapter 290A, to the extent provided in paragraph (b) and for the purposes set forth in 
52.34 	paragraph (c).
53.1 	(b) Data may be disclosed relating to the identity, whereabouts, employment, income, 
53.2 	and property of a person owing or alleged to be owing an obligation of child support.
53.3 	(c) The commissioner of children, youth, and families may request data for the purposes 
53.4 	of carrying out the child support program and to assist in the location of parents who have, 
53.5 	or appear to have, deserted their children. Data received may be used only as set forth in 
53.6 	section 518A.83.
53.7 	(d) The commissioner may disclose information to the commissioner of children, youth, 
53.8 	and families necessary to verify whether applicants or recipients for the Minnesota family 
53.9 	investment program, the Supplemental Nutrition Assistance Program (SNAP), and child 
53.10 	care assistance have claimed refundable tax credits under chapter 290 and the property tax 
53.11 	refund under chapter 290A, and the amounts of the credits.

53.12 	Sec. 70. Minnesota Statutes 2024, section 299C.76, subdivision 1, is amended to read:
53.13 		Subdivision 1.Definitions. (a) For the purposes of this section, the following definitions 
53.14 	apply.
53.15 	(b) "Federal tax information" means federal tax returns and return information or 
53.16 	information derived or created from federal tax returns, in possession of or control by the 
53.17 	requesting agency, that is covered by the safeguarding provisions of section 6103(p)(4) of 
53.18 	the Internal Revenue Code.
53.19 	(c) "IRS Publication 1075" means Internal Revenue Service Publication 1075 that 
53.20 	provides guidance and requirements for the protection and confidentiality of federal tax 
53.21 	information as required in section 6103(p)(4) of the Internal Revenue Code.
53.22 	(d) "National criminal history record information" means the Federal Bureau of 
53.23 	Investigation identification records as defined in Code of Federal Regulations, title 28, 
53.24 	section 20.3(d).
53.25 	(e) "Requesting agency" means the Department of Revenue,; Department of Employment 
53.26 	and Economic Development,; Department of Human Services; Department of Children, 
53.27 	Youth, and Families,; board of directors of MNsure,; Department of Information Technology 
53.28 	Services,; attorney general,; and counties.

53.29 	Sec. 71. Minnesota Statutes 2024, section 299F.011, subdivision 4a, is amended to read:
53.30 		Subd. 4a.Day care home regulation. (a) Notwithstanding any contrary provision of 
53.31 	this section, the fire marshal shall not adopt or enforce a rule:
54.1 	(1) establishing staff ratios, age distribution requirements, and limitations on the number 
54.2 	of children in care;
54.3 	(2) regulating the means of egress from family or group family day care homes in addition 
54.4 	to the egress rules that apply to the home as a single family dwelling; or
54.5 	(3) confining family or group family day care home activities to the floor of exit 
54.6 	discharge.
54.7 	(b) For purposes of this subdivision, "family or group family day care home" means a 
54.8 	dwelling unit in which the day care provider provides the services referred to in section 
54.9 	142B.01, subdivision 18, to one or more persons.
54.10 	(c) Nothing in this subdivision prohibits the Department of Children, Youth, and Families 
54.11 	from adopting or enforcing rules regulating day care, including the subjects in paragraph 
54.12 	(a), clauses (1) and (3). The department may not, however, adopt or enforce a rule stricter 
54.13 	than paragraph (a), clause (2).
54.14 	(d) The Department of Human Services Children, Youth, and Families may by rule adopt 
54.15 	procedures for requesting the state fire marshal or a local fire marshal to conduct an 
54.16 	inspection of day care homes to ensure compliance with state or local fire codes.
54.17 	(e) The commissioners of public safety; children, youth, and families; and human services 
54.18 	may enter into an agreement for the commissioner commissioners of human services and 
54.19 	children, youth, and families to perform follow-up inspections of programs, subject to 
54.20 	licensure under chapter 142B or 245A, to determine whether certain violations cited by the 
54.21 	state fire marshal have been corrected. The agreement shall identify specific items the 
54.22 	commissioner of human services is permitted to inspect. The list of items is not subject to 
54.23 	rulemaking and may be changed by mutual agreement between the state fire marshal and 
54.24 	the commissioner. The agreement shall provide for training of individuals who will conduct 
54.25 	follow-up inspections. The agreement shall contain procedures for the commissioner of 
54.26 	human services to follow when the commissioner requires assistance from the state fire 
54.27 	marshal to carry out the duties of the agreement.
54.28 	(f) No tort liability is transferred to the commissioner of human services or the 
54.29 	commissioner of children, youth, and families as a result of the commissioner of human 
54.30 	services commissioners performing activities within the limits of the agreement.

54.31 	Sec. 72. Minnesota Statutes 2024, section 402A.10, subdivision 1a, is amended to read:
54.32 		Subd. 1a.Balanced set of program measures. A "balanced set of program measures" 
54.33 	is a set of measures that, together, adequately quantify achievement toward a particular 
55.1 	program's outcome. As directed by section 402A.16, the Human Services Performance 
55.2 	Council must recommend to the commissioner when who oversees a particular program
55.3 	when the program has a balanced set of program measures.

55.4 	Sec. 73. Minnesota Statutes 2024, section 402A.10, subdivision 2, is amended to read:
55.5 		Subd. 2.Commissioner Commissioners. "Commissioner" "Commissioners" means the 
55.6 	commissioner commissioners of human services and children, youth, and families.

55.7 	Sec. 74. Minnesota Statutes 2024, section 402A.10, subdivision 4c, is amended to read:
55.8 		Subd. 4c.Performance improvement plan. A "performance improvement plan" means 
55.9 	a plan developed by a county or service delivery authority that describes steps the county 
55.10 	or service delivery authority must take to improve performance on a specific measure or 
55.11 	set of measures. The performance improvement plan must be negotiated with and approved 
55.12 	by the each commissioner who oversees a program affected by the plan. The performance 
55.13 	improvement plan must require a specific numerical improvement in the measure or measures 
55.14 	on which the plan is based and may include specific programmatic best practices or specific 
55.15 	performance management practices that the county must implement.

55.16 	Sec. 75. Minnesota Statutes 2024, section 402A.12, is amended to read:
55.17 	402A.12 ESTABLISHMENT OF A PERFORMANCE MANAGEMENT SYSTEM 
55.18 	FOR HUMAN SERVICES.
55.19 	By January 1, 2014, the commissioner of human services shall implement a performance 
55.20 	management system for essential human services as described in sections 402A.16 and 
55.21 	402A.18 that includes initial performance measures and thresholds consistent with the 
55.22 	recommendations of the Steering Committee on Performance and Outcome Reforms in the 
55.23 	December 2012 report to the legislature.

55.24 	Sec. 76. Minnesota Statutes 2024, section 402A.16, subdivision 1, is amended to read:
55.25 		Subdivision 1.Establishment. By October 1, 2013, the commissioner of human services
55.26 	shall convene a Human Services Performance Council to advise the commissioner of human 
55.27 	services on the implementation and operation of the performance management system for 
55.28 	human services.

55.29 	Sec. 77. Minnesota Statutes 2024, section 402A.16, subdivision 2, is amended to read:
55.30 		Subd. 2.Duties. The Human Services Performance Council shall:
56.1 	(1) hold meetings at least quarterly that are in compliance with Minnesota's Open Meeting 
56.2 	Law under chapter 13D;
56.3 	(2) annually review the annual performance data submitted by counties or service delivery 
56.4 	authorities;
56.5 	(3) review and advise the commissioner commissioners on department procedures related 
56.6 	to the implementation of the performance management system and system process 
56.7 	requirements and on barriers to process improvement in human services delivery;
56.8 	(4) advise the commissioner commissioners on the training and technical assistance 
56.9 	needs of county or service delivery authority and department personnel;
56.10 	(5) review instances in which a county or service delivery authority has not made adequate 
56.11 	progress on a performance improvement plan and make recommendations to the 
56.12 	commissioner commissioners under section 402A.18;
56.13 	(6) consider appeals from counties or service delivery authorities that are in the remedies 
56.14 	process and make recommendations to the commissioner commissioners on resolving the 
56.15 	issue;
56.16 	(7) convene working groups to update and develop outcomes, measures, and performance 
56.17 	thresholds for the performance management system and, on an annual basis, present these 
56.18 	recommendations to the commissioner commissioners, including recommendations on when 
56.19 	a particular essential human services program has a balanced set of program measures in 
56.20 	place;
56.21 	(8) make recommendations on human services administrative rules or statutes that could 
56.22 	be repealed in order to improve service delivery; and
56.23 	(9) provide information to stakeholders on the council's role and regularly collect 
56.24 	stakeholder input on performance management system performance.

56.25 	Sec. 78. Minnesota Statutes 2024, section 402A.16, subdivision 3, is amended to read:
56.26 		Subd. 3.Membership. (a) Human Services Performance Council membership shall be 
56.27 	equally balanced among the following five stakeholder groups: the Association of Minnesota 
56.28 	Counties,; the Minnesota Association of County Social Service Administrators,; the 
56.29 	Department of Human Services, and the Department of Children, Youth, and Families, 
56.30 	jointly; tribes and communities of color,; and service providers and advocates for persons 
56.31 	receiving human services. The Association of Minnesota Counties and the Minnesota 
56.32 	Association of County Social Service Administrators shall appoint their own respective 
57.1 	representatives. The commissioner of human services commissioners shall each appoint
57.2 	two representatives of the Department of Human Services, their respective department. The 
57.3 	commissioners shall each appoint two representatives from (1) tribes and communities of 
57.4 	color, and (2) social services providers and advocates. Minimum Council membership shall 
57.5 	be 15 20 members, with at least three four representatives from each nondepartmental 
57.6 	stakeholder group, and maximum council membership shall be 20 members, with four 
57.7 	representatives from each stakeholder group.
57.8 	(b) Notwithstanding section 15.059, Human Services Performance Council members 
57.9 	shall be appointed for a minimum of two years, but may serve longer terms at the discretion 
57.10 	of their appointing authority.
57.11 	(c) Notwithstanding section 15.059, members of the council shall receive no compensation 
57.12 	for their services.
57.13 	(d) A commissioner's representative from each commissioner and a county representative 
57.14 	from either the Association of Minnesota Counties or the Minnesota Association of County 
57.15 	Social Service Administrators shall serve as Human Services Performance Council cochairs.

57.16 	Sec. 79. Minnesota Statutes 2024, section 402A.16, subdivision 4, is amended to read:
57.17 		Subd. 4.Commissioner Commissioners' duties. For essential human services 
57.18 	administered by each agency, the commissioner commissioners shall:
57.19 	(1) implement and maintain the performance management system for human services;
57.20 	(2) establish and regularly update the system's outcomes, measures, and thresholds, 
57.21 	including the minimum performance threshold for each performance measure;
57.22 	(3) determine when a particular program has a balanced set of measures;
57.23 	(4) receive reports from counties or service delivery authorities at least annually on their 
57.24 	performance against system measures, provide counties with data needed to assess 
57.25 	performance and monitor progress, and provide timely feedback to counties or service 
57.26 	delivery authorities on their performance;
57.27 	(5) implement and monitor the remedies process in section 402A.18;
57.28 	(6) report to the Human Services Performance Council on county or service delivery 
57.29 	authority performance on a semiannual basis;
57.30 	(7) provide general training and technical assistance to counties or service delivery 
57.31 	authorities on topics related to performance measurement and performance improvement;
58.1 	(8) provide targeted training and technical assistance to counties or service delivery 
58.2 	authorities that supports their performance improvement plans; and
58.3 	(9) provide staff support for the Human Services Performance Council.

58.4 	Sec. 80. Minnesota Statutes 2024, section 402A.18, subdivision 2, is amended to read:
58.5 		Subd. 2.Underperforming county; more than one-half of services. If the commissioner 
58.6 	determines commissioners determine that a county or service delivery authority is deficient 
58.7 	in achieving minimum performance thresholds for more than one-half of the defined essential 
58.8 	human services programs, the commissioner commissioners may impose the following 
58.9 	remedies:
58.10 	(1) voluntary incorporation of the administration and operation of essential human 
58.11 	services programs with an existing service delivery authority or another county. A service 
58.12 	delivery authority or county incorporating an underperforming county shall not be financially 
58.13 	liable for the costs associated with remedying performance outcome deficiencies;
58.14 	(2) mandatory incorporation of the administration and operation of essential human 
58.15 	services programs with an existing service delivery authority or another county. A service 
58.16 	delivery authority or county incorporating an underperforming county shall not be financially 
58.17 	liable for the costs associated with remedying performance outcome deficiencies; or
58.18 	(3) transfer of authority for administration and operation of essential human services 
58.19 	programs to the commissioner that oversees each program.

58.20 	Sec. 81. Minnesota Statutes 2024, section 402A.18, subdivision 3, is amended to read:
58.21 		Subd. 3.Conditions prior to imposing remedies. (a) The commissioner shall notify a 
58.22 	county or service delivery authority that it must submit a performance improvement plan 
58.23 	if:
58.24 	(1) the county or service delivery authority does not meet the minimum performance 
58.25 	threshold for a measure; or
58.26 	(2) the county or service delivery authority has a performance disparity for a racial or 
58.27 	ethnic subgroup, even if the county or service delivery authority met the threshold for the 
58.28 	overall population. The council shall make recommendations on performance disparities, 
58.29 	and the commissioner shall make the final determination.
58.30 	(b) When the department commissioner determines that a county or service delivery 
58.31 	authority does not meet the minimum performance threshold for a given measure, the 
59.1 	commissioner must advise the county or service delivery authority that fiscal penalties may 
59.2 	result if the performance does not improve. The departmentcommissioner must offer 
59.3 	technical assistance to the county or service delivery authority. Within 30 days of the initial 
59.4 	advisement from the department commissioner, the county or service delivery authority 
59.5 	may claim and the department commissioner may approve an extenuating circumstance 
59.6 	that relieves the county or service delivery authority of any further remedy. If a county or 
59.7 	service delivery authority has a small number of participants in an essential human services 
59.8 	program such that reliable measurement is not possible, the commissioner may approve 
59.9 	extenuating circumstances.
59.10 	(c) If there are no extenuating circumstances, the county or service delivery authority 
59.11 	must submit a performance improvement plan to the commissioner within 60 days of the 
59.12 	initial advisement from the departmentcommissioner. The term of the performance 
59.13 	improvement plan must be two years, starting with the date the plan is approved by the 
59.14 	commissioner. This plan must include a target level for improvement for each measure that 
59.15 	did not meet the minimum performance threshold. The commissioner must approve the 
59.16 	performance improvement plan within 60 days of submittal.
59.17 	(d) The departmentcommissioner must monitor the performance improvement plan for 
59.18 	two years. After two years, if the county or service delivery authority meets the minimum 
59.19 	performance threshold, there is no further remedy. If the county or service delivery authority 
59.20 	fails to meet the minimum performance threshold, but meets the improvement target in the 
59.21 	performance improvement plan, the county or service delivery authority shall modify the 
59.22 	performance improvement plan for further improvement and the departmentcommissioner
59.23 	shall continue to monitor the plan.
59.24 	(e) If, after two years of monitoring, the county or service delivery authority fails to 
59.25 	meet both the minimum performance threshold and the improvement target identified in 
59.26 	the performance improvement plan, the next step of the remedies process shall be invoked 
59.27 	by the commissioner. This phase of the remedies process may include:
59.28 	(1) fiscal penalties for the county or service delivery authority that do not exceed one 
59.29 	percent of the county's human services expenditures and that are negotiated in the 
59.30 	performance improvement plan, based on what is needed to improve outcomes. Counties 
59.31 	or service delivery authorities must reinvest the amount of the fiscal penalty into the essential 
59.32 	human services program that was underperforming. A county or service delivery authority 
59.33 	shall not be required to pay more than three fiscal penalties in a year; and
60.1 	(2) the department'scommissioner's provision of technical assistance to the county or 
60.2 	service delivery authority that is targeted to address the specific performance issues.
60.3 	The commissioner shall continue monitoring the performance improvement plan for a third 
60.4 	year.
60.5 	(f) If, after the third year of monitoring, the county or service delivery authority meets 
60.6 	the minimum performance threshold, there is no further remedy. If the county or service 
60.7 	delivery authority fails to meet the minimum performance threshold, but meets the 
60.8 	improvement target for the performance improvement plan, the county or service delivery 
60.9 	authority shall modify the performance improvement plan for further improvement and the 
60.10 	departmentcommissioner shall continue to monitor the plan.
60.11 	(g) If, after the third year of monitoring, the county or service delivery authority fails to 
60.12 	meet the minimum performance threshold and the improvement target identified in the 
60.13 	performance improvement plan, the Human Services Performance Council shall review the 
60.14 	situation and recommend a course of action to the commissioner.
60.15 	(h) If the commissioner has determined that a program has a balanced set of program 
60.16 	measures and a county or service delivery authority is subject to fiscal penalties for more 
60.17 	than one-half of the measures for that program, the commissioner may apply further remedies 
60.18 	as described in subdivisions 1 and 2.

60.19 	Sec. 82. Minnesota Statutes 2024, section 402A.18, is amended by adding a subdivision 
60.20 	to read:
60.21 		Subd. 4.Commissioner jurisdiction. For the purposes of this section, "commissioner" 
60.22 	means the commissioner of human services or the commissioner of children, youth, and 
60.23 	families, whichever oversees the program or service at issue. If programs or services overseen 
60.24 	by both commissioners are at issue, commissioner means both commissioners jointly. A 
60.25 	commissioner must not take action under this section for a program or service that the 
60.26 	commissioner does not oversee.

60.27 	Sec. 83. Minnesota Statutes 2024, section 402A.35, subdivision 1, is amended to read:
60.28 		Subdivision 1.Requirements for establishing a service delivery authority. (a) A 
60.29 	county, tribe, or consortium of counties is eligible to establish a service delivery authority 
60.30 	if:
60.31 	(1) the county, tribe, or consortium of counties is:
60.32 	(i) a single county with a population of 55,000 or more;
61.1 	(ii) a consortium of counties with a total combined population of 55,000 or more;
61.2 	(iii) a consortium of four or more counties in reasonable geographic proximity without 
61.3 	regard to population; or
61.4 	(iv) one or more tribes with a total combined population of 25,000 or more.
61.5 	The council may recommend that the commissioner of human services commissioners
61.6 	exempt a single county, tribe, or consortium of counties from the minimum population 
61.7 	standard if the county, tribe, or consortium of counties can demonstrate that it can otherwise 
61.8 	meet the requirements of this chapter.
61.9 	(b) A service delivery authority shall:
61.10 	(1) comply with current state and federal law, including any existing federal or state 
61.11 	performance measures when they are enacted into law, except where waivers are approved 
61.12 	by the commissioner commissioners;
61.13 	(2) define the scope of essential services over which the service delivery authority has 
61.14 	jurisdiction;
61.15 	(3) designate a single administrative structure to oversee the delivery of those services 
61.16 	included in a proposal for a redesigned service or services and identify a single administrative 
61.17 	agent for purposes of contact and communication with the department;
61.18 	(4) identify the waivers from statutory or rule program requirements that are needed to 
61.19 	ensure greater local control and flexibility to determine the most cost-effective means of 
61.20 	achieving specified measurable goals that the participating service delivery authority is 
61.21 	expected to achieve;
61.22 	(5) set forth a reasonable level of targeted reductions in overhead and administrative 
61.23 	costs for each service delivery authority participating in the service delivery redesign;
61.24 	(6) set forth the terms under which a county, tribe, or consortium of counties may 
61.25 	withdraw from participation. In the case of withdrawal of any or all parties or the dissolution 
61.26 	of the service delivery authority, the employees shall continue to be represented by the same 
61.27 	exclusive representative or representatives and continue to be covered by the same collective 
61.28 	bargaining union agreement until a new agreement is negotiated or the collective bargaining 
61.29 	agreement term ends; and
61.30 	(7) set forth a structure for managing the terms and conditions of employment of the 
61.31 	employees as provided in section 402A.40.
62.1 	(c) Once a county, tribe, or consortium of counties establishes a service delivery authority, 
62.2 	no county, tribe, or consortium of counties that is a member of the service delivery authority 
62.3 	may participate as a member of any other service delivery authority. The service delivery 
62.4 	authority may allow an additional county, a tribe, or a consortium of counties to join the 
62.5 	service delivery authority subject to the approval of the council and the commissioner
62.6 	commissioners.
62.7 	(d) Nothing in this chapter precludes local governments from using sections 465.81 and 
62.8 	465.82 to establish procedures for local governments to merge, with the consent of the 
62.9 	voters. Nothing in this chapter limits the authority of a county board or tribal council to 
62.10 	enter into contractual agreements for services not covered by the provisions of a 
62.11 	memorandum of understanding establishing a service delivery authority with other agencies 
62.12 	or with other units of government.

62.13 	Sec. 84. Minnesota Statutes 2024, section 402A.35, subdivision 4, is amended to read:
62.14 		Subd. 4.Process for establishing a service delivery authority. (a) The county, tribe, 
62.15 	or consortium of counties meeting the requirements of this section and proposing to establish 
62.16 	a service delivery authority shall present to the council:
62.17 	(1) in conjunction with the commissioner commissioners, a proposed memorandum of 
62.18 	understanding meeting the requirements of subdivision 1, paragraph (b), and outlining:
62.19 	(i) the details of the proposal;
62.20 	(ii) the state, tribal, and local resources, which may include, but are not limited to, 
62.21 	funding, administrative and technology support, and other requirements necessary for the 
62.22 	service delivery authority; and
62.23 	(iii) the relief available to the service delivery authority if the resource commitments 
62.24 	identified in item (ii) are not met; and
62.25 	(2) a board resolution from the board of commissioners of each participating county 
62.26 	stating the county's intent to participate, or in the case of a tribe, a resolution from tribal 
62.27 	government, stating the tribe's intent to participate.
62.28 	(b) After the council has considered and recommended approval of a proposed 
62.29 	memorandum of understanding, the commissioner commissioners may finalize and execute 
62.30 	the memorandum of understanding.

63.1 	Sec. 85. Minnesota Statutes 2024, section 402A.35, subdivision 5, is amended to read:
63.2 		Subd. 5.Commissioner authority to seek waivers. The commissioner commissioners
63.3 	may use the authority under section 142A.03, subdivision 2, paragraph (k), or256.01, 
63.4 	subdivision 2, paragraph (k), to grant waivers identified as part of a proposed service delivery 
63.5 	authority under subdivision 1, paragraph (b), clause (4), except that waivers granted under 
63.6 	this section must be approved by the council under section 402A.20 rather than the 
63.7 	Legislative Advisory Committee.

63.8 	Sec. 86. Minnesota Statutes 2024, section 462A.2095, subdivision 6, is amended to read:
63.9 		Subd. 6.Rent assistance not income. (a) Notwithstanding any law to the contrary, 
63.10 	payments under this section must not be considered income, assets, or personal property 
63.11 	for purposes of determining eligibility or recertifying eligibility for state public assistance, 
63.12 	including but not limited to:
63.13 	(1) child care assistance programs under chapter 142E;
63.14 	(2) food support under chapter 142F;
63.15 	(2) (3) general assistance, and Minnesota supplemental aid, and food support under 
63.16 	chapter 256D;
63.17 	(3) (4) housing support under chapter 256I;
63.18 	(4) (5) Minnesota family investment program and diversionary work program under 
63.19 	chapter 142G; and
63.20 	(5) (6) economic assistance programs under chapter 256P.
63.21 	(b) The commissioner of human services must not consider rent assistance grant money 
63.22 	under this section as income or assets under section 256B.056, subdivision 1a, paragraph 
63.23 	(a); subdivision 3; or subdivision 3c, or for persons with eligibility determined under section 
63.24 	256B.057, subdivision 3, 3a, or 3b.

63.25 	Sec. 87. Minnesota Statutes 2024, section 466.131, is amended to read:
63.26 	466.131 INDEMNIFICATION BY STATE.
63.27 	Until July 1, 1987, a municipality is an employee of the state for purposes of the 
63.28 	indemnification provisions of section 3.736, subdivision 9, when the municipality is required 
63.29 	by the Public Welfare Licensing Act and rules promulgated under it to inspect or investigate 
63.30 	a provider. After July 1, 1987, a municipality is an employee of the state for purposes of 
63.31 	the indemnification provisions of section 3.736, subdivision 9, when the municipality is 
64.1 	required by sections 245A.01 to 245A.16, the Human Services Licensing Act, or chapter 
64.2 	142B and rules adopted under it to inspect or investigate a provider, and the municipality 
64.3 	has been duly certified under standards for certification developed by the commissioner
64.4 	commissioners of human services and children, youth, and families.

64.5 	Sec. 88. Minnesota Statutes 2024, section 518.165, subdivision 5, is amended to read:
64.6 		Subd. 5.Procedure, criminal history, and maltreatment records background 
64.7 	study. (a) When the court requests a background study under subdivision 4, paragraph (a), 
64.8 	the request shall be submitted to the Department of Human Services through the department's 
64.9 	electronic online background study system.
64.10 	(b) When the court requests a search of the National Criminal Records Repository, the 
64.11 	court must provide a set of classifiable fingerprints of the subject of the study on a fingerprint 
64.12 	card provided by the commissioner of human services.
64.13 	(c) The commissioner of human services shall provide the court with criminal history 
64.14 	data as defined in section 13.87 from the Bureau of Criminal Apprehension in the Department 
64.15 	of Public Safety, other criminal history data held by the commissioner of human services, 
64.16 	and data regarding substantiated maltreatment of a minor under chapter 260E, and 
64.17 	substantiated maltreatment of a vulnerable adult under section 626.557, within 15 working 
64.18 	days of receipt of a request. If the subject of the study has been determined by the Department 
64.19 	of Human Services; the Department of Children, Youth, and Families; or the Department 
64.20 	of Health to be the perpetrator of substantiated maltreatment of a minor or vulnerable adult 
64.21 	in a licensed facility, the response must include a copy of the public portion of the 
64.22 	investigation memorandum under section 260E.30 or the public portion of the investigation 
64.23 	memorandum under section 626.557, subdivision 12b. When the background study shows 
64.24 	that the subject has been determined by a county adult protection or child protection agency 
64.25 	to have been responsible for maltreatment, the court shall be informed of the county, the 
64.26 	date of the finding, and the nature of the maltreatment that was substantiated. The 
64.27 	commissioner shall provide the court with information from the National Criminal Records 
64.28 	Repository within three working days of the commissioner's receipt of the data. When the 
64.29 	commissioner finds no criminal history or substantiated maltreatment on a background 
64.30 	study subject, the commissioner shall make these results available to the court electronically 
64.31 	through the secure online background study system.
64.32 	(d) Notwithstanding section 260E.30 or 626.557, subdivision 12b, if the commissioner 
64.33 	or county lead agency or lead investigative agency has information that a person on whom 
64.34 	a background study was previously done under this section has been determined to be a 
65.1 	perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the county 
65.2 	may provide this information to the court that requested the background study.

65.3 	Sec. 89. Minnesota Statutes 2024, section 524.5-106, is amended to read:
65.4 	524.5-106 SUBJECT-MATTER JURISDICTION.
65.5 	This article applies to, and the court has jurisdiction over, guardianship and related 
65.6 	proceedings for individuals domiciled or present in this state, protective proceedings for 
65.7 	individuals domiciled in or having property located in this state, and property coming into 
65.8 	the control of a guardian or conservator who is subject to the laws of this state. This article 
65.9 	does not apply to any matters or proceedings arising under or governed by chapters 252A, 
65.10 	259, and 260C. Notwithstanding anything else to the contrary, chapters 252A, 259, and 
65.11 	260C exclusively govern the rights, duties, and powers of social service agencies,; the 
65.12 	commissioner of human services,; the commissioner of children, youth, and families; licensed 
65.13 	child placing agencies,; and parties with respect to all matters and proceedings arising under 
65.14 	those chapters.

65.15 	Sec. 90. Minnesota Statutes 2024, section 524.5-118, subdivision 2, is amended to read:
65.16 		Subd. 2.Procedure; maltreatment and state licensing agency checks and criminal 
65.17 	history check. (a) The guardian or conservator shall request the Bureau of Criminal 
65.18 	Apprehension to complete a criminal history check. The request must be accompanied by 
65.19 	the applicable fee and acknowledgment that the guardian or conservator received a privacy 
65.20 	notice. The Bureau of Criminal Apprehension shall conduct a national criminal history 
65.21 	record check. The guardian or conservator shall submit a set of classifiable fingerprints. 
65.22 	The fingerprints must be recorded on a fingerprint card provided by the Bureau of Criminal 
65.23 	Apprehension.
65.24 	(b) The Bureau of Criminal Apprehension shall provide the court with criminal history 
65.25 	data as defined in section 13.87 and criminal history information from other states or 
65.26 	jurisdictions as indicated from a national criminal history record check within 20 working 
65.27 	days of receipt of a request.
65.28 	(c) In accordance with section 245C.033, the commissioner of human services shall 
65.29 	provide the court with data regarding substantiated maltreatment of vulnerable adults under 
65.30 	section 626.557 and substantiated maltreatment of minors under chapter 260E within 25 
65.31 	working days of receipt of a request. If the guardian or conservator has been the perpetrator 
65.32 	of substantiated maltreatment of a vulnerable adult or minor, the response must include a 
65.33 	copy of any available public portion of the investigation memorandum under section 626.557, 
66.1 	subdivision 12b, or any available public portion of the investigation memorandum under 
66.2 	section 260E.30.
66.3 	(d) Notwithstanding section 260E.30 or 626.557, subdivision 12b, if the commissioner 
66.4 	of human services; the commissioner of children, youth, and families; or a county lead 
66.5 	agency or lead investigative agency has information that a person under this section has 
66.6 	been determined to be a perpetrator of maltreatment of a vulnerable adult or minor, the 
66.7 	commissioner or the county may provide this information to the court that is determining 
66.8 	eligibility for the guardian or conservator.

66.9 	Sec. 91. Minnesota Statutes 2024, section 595.02, subdivision 2, is amended to read:
66.10 		Subd. 2.Exceptions. (a) The exception provided by paragraphs (d) and (g) of subdivision 
66.11 	1 shall not apply to any testimony, records, or other evidence relating to the abuse or neglect 
66.12 	of a minor in any proceeding under chapter 260 or any proceeding under section 142B.20 
66.13 	or245A.08, to revoke a day care or foster care license, arising out of the neglect or physical 
66.14 	or sexual abuse of a minor, as defined in section 260E.03.
66.15 	(b) The exception provided by paragraphs (d) and (g) of subdivision 1 shall not apply 
66.16 	to criminal proceedings arising out of the neglect or physical or sexual abuse of a minor, 
66.17 	as defined in section 260E.03, if the court finds that:
66.18 	(1) there is a reasonable likelihood that the records in question will disclose material 
66.19 	information or evidence of substantial value in connection with the investigation or 
66.20 	prosecution; and
66.21 	(2) there is no other practicable way of obtaining the information or evidence. This 
66.22 	clause shall not be construed to prohibit disclosure of the patient record when it supports 
66.23 	the otherwise uncorroborated statements of any material fact by a minor alleged to have 
66.24 	been abused or neglected by the patient; and
66.25 	(3) the actual or potential injury to the patient-health professional relationship in the 
66.26 	treatment program affected, and the actual or potential harm to the ability of the program 
66.27 	to attract and retain patients, is outweighed by the public interest in authorizing the disclosure 
66.28 	sought.
66.29 	No records may be disclosed under this paragraph other than the records of the specific 
66.30 	patient suspected of the neglect or abuse of a minor. Disclosure and dissemination of any 
66.31 	information from a patient record shall be limited under the terms of the order to assure that 
66.32 	no information will be disclosed unnecessarily and that dissemination will be no wider than 
66.33 	necessary for purposes of the investigation or prosecution.

67.1 	Sec. 92. Minnesota Statutes 2024, section 626.5533, is amended to read:
67.2 	626.5533 REPORTING POTENTIAL WELFARE FRAUD.
67.3 		Subdivision 1.Reports required. A peace officer must report to the head of the officer's 
67.4 	department every arrest where the person arrested possesses more than one welfare electronic 
67.5 	benefit transfer card. Each report must include all of the following:
67.6 	(1) the name of the suspect;
67.7 	(2) the suspect's driver's license or state identification card number, where available;
67.8 	(3) the suspect's home address;
67.9 	(4) the number on each card;
67.10 	(5) the name on each electronic benefit card in the possession of the suspect, in cases 
67.11 	where the card has a name printed on it;
67.12 	(6) the date of the alleged offense;
67.13 	(7) the location of the alleged offense;
67.14 	(8) the alleged offense; and
67.15 	(9) any other information the commissioner of human services or the commissioner of 
67.16 	children, youth, and families deems necessary.
67.17 		Subd. 2.Use of information collected. The head of a local law enforcement agency or 
67.18 	state law enforcement department that employs peace officers licensed under section 626.843
67.19 	must forward the report required under subdivision 1 to the commissioner commissioners
67.20 	of human services and children, youth, and families within 30 days of receiving the report. 
67.21 	The commissioner commissioners of human services and children, youth, and families shall 
67.22 	use the report to determine whether the suspect is authorized to possess any of the electronic 
67.23 	benefit cards found in the suspect's possession.
67.24 		Subd. 3.Reporting forms. The commissioner commissioners of human services and 
67.25 	children, youth, and families, in consultation with the superintendent of the Bureau of 
67.26 	Criminal Apprehension, shall adopt reporting forms to be used by law enforcement agencies 
67.27 	in making the reports required under this section.

67.28 	Sec. 93. REVISOR INSTRUCTION.
 67.29 	The revisor of statutes must renumber Minnesota Statutes, section 299A.955, as 
67.30 	Minnesota Statutes, section 142A.765, and make any necessary changes to statutory 
67.31 	cross-references to reflect this change.

68.1 	Sec. 94. REVISOR INSTRUCTION.
 68.2 	The revisor of statutes must move the subdivisions in Minnesota Statutes, section 
68.3 	142E.50, into Minnesota Statutes, section 142E.01, renumber in alphabetical order, and 
68.4 	make any necessary changes to statutory cross-references to reflect these changes.

68.5 	Sec. 95. REPEALER.
 68.6 	Minnesota Statutes 2024, sections 142A.15; 142E.50, subdivisions 2 and 12; 245A.02, 
68.7 	subdivision 6d; 256G.02, subdivisions 3 and 5; and 261.003, are repealed.

APPENDIX 

Repealed Minnesota Statutes: H2551-1 

142A.15 PUBLIC ASSISTANCE LIEN ON RECIPIENT'S CAUSE OF ACTION.Subdivision 1.State agency has lien. 
When the state agency provides, pays for, or becomes liable for medical care or furnishes subsistence or other payments to a person, the agency shall have a lien for the cost of the care and payments on any and all causes of action or recovery rights under any policy, plan, or contract providing benefits for health care or injury that accrue to the person to whom the care or payments were furnished, or to the person's legal representatives, as a result of the occurrence that necessitated the medical care, subsistence, or other payments. For purposes of this section, "state agency" includes prepaid health plans under contract with the commissioner according to sections 256B.69, 256L.01, subdivision 7, 256L.03, subdivision 6, and 256L.12, and Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 4, paragraph (c); children's mental health collaboratives under section 245.493; demonstration projects for persons with disabilities under section 256B.77; nursing homes reimbursed under chapter 256R; and county-based purchasing entities under section 256B.692. 

Subd. 2.Perfection; enforcement. 
(a) The state agency may perfect and enforce its lien under sections 514.69, 514.70, and 514.71, and must file the verified lien statement with the appropriate court administrator in the county of financial responsibility. The verified lien statement must contain the following: the name and address of the person to whom medical care, subsistence, or other payment was furnished; the date of injury; the name and address of vendors furnishing medical care; the dates of the service or payment; the amount claimed to be due for the care or payment; and to the best of the state agency's knowledge, the names and addresses of all persons, firms, or corporations claimed to be liable for damages arising from the injuries. 

(b) This section does not affect the priority of any attorney's lien. The state agency is not subject to any limitations period referred to in section 514.69 or 514.71 and has one year from the date notice is first received by it under subdivision 4, paragraph (c), even if the notice is untimely, or one year from the date medical bills are first paid by the state agency, whichever is later, to file its verified lien statement. The state agency may commence an action to enforce the lien within one year of (1) the date the notice required by subdivision 4, paragraph (c), is received, or (2) the date the person's cause of action is concluded by judgment, award, settlement, or otherwise, whichever is later. 

(c) If the notice required in subdivision 4 is not provided by any of the parties to the claim at any stage of the claim, the state agency will have one year from the date the state agency learns of the lack of notice to commence an action. If amounts on the claim or cause of action are paid and the amount required to be paid to the state agency under subdivision 5 is not paid to the state agency, the state agency may commence an action to recover on the lien against any or all of the parties or entities that have either paid or received the payments. 

Subd. 3.Prosecutor. 
(a) The attorney general shall represent the commissioner to enforce the lien created under this section or, if no action has been brought, may initiate and prosecute an independent action on behalf of the commissioner against a person, firm, or corporation that may be liable to the person to whom the care or payment was furnished. 

(b) Any prepaid health plan providing services under sections 256B.69 and 256L.12 and Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 4, paragraph (c); children's mental health collaboratives under section 245.493; demonstration projects for persons with disabilities under section 256B.77; nursing homes reimbursed under chapter 256R; or the county-based purchasing entity providing services under section 256B.692 may retain legal representation to enforce their lien created under this section or, if no action has been brought, may initiate and prosecute an independent action on their behalf against a person, firm, or corporation that may be liable to the person to whom the care or payment was furnished. 

Subd. 4.Notice. 
(a) The state agency must be given notice of monetary claims against a person, firm, or corporation that may be liable in damages to the injured person when the state agency has paid for or become liable for the cost of medical care or payments related to the injury. Notice must be given as provided in this subdivision. 

(b) Applicants for public assistance shall notify the state or county agency of any possible claims they may have against a person, firm, or corporation when they submit the application for assistance. Recipients of public assistance shall notify the state or county agency of any possible claims when those claims arise. 

(c) A person providing medical care services to a recipient of public assistance shall notify the state agency when the person has reason to believe that a third party may be liable for payment of the cost of medical care. 

(d) A party to a claim upon which the state agency may be entitled to a lien under this section shall notify the state agency of its potential lien claim at each of the following stages of a claim: 

(1) when a claim is filed; 

(2) when an action is commenced; and 

(3) when a claim is concluded by payment, award, judgment, settlement, or otherwise. 

(e) Every party involved in any stage of a claim under this subdivision is required to provide notice to the state agency at that stage of the claim. However, when one of the parties to the claim provides notice at that stage, every other party to the claim is deemed to have provided the required notice at that stage of the claim. If the required notice under this paragraph is not provided to the state agency, every party will be deemed to have failed to provide the required notice. A party to a claim includes the injured person or the person's legal representative, the plaintiff, the defendants, or persons alleged to be responsible for compensating the injured person or plaintiff, and any other party to the cause of action or claim, regardless of whether the party knows the state agency has a potential or actual lien claim. 

(f) Notice given to the county agency is not sufficient to meet the requirements of paragraphs (c) and (d). 

Subd. 5.Costs deducted. 
Upon any judgment, award, or settlement of a cause of action, or any part of it, upon which the state agency has filed its lien, including compensation for liquidated, unliquidated, or other damages, reasonable costs of collection, including attorney fees, must be deducted first. The full amount of public assistance paid to or on behalf of the person as a result of the injury must be deducted next, and paid to the state agency. The rest must be paid to the public assistance recipient or other plaintiff. The plaintiff, however, must receive at least one-third of the net recovery after attorney fees and other collection costs. 

Subd. 6.When effective. 
The lien created under this section is effective with respect to any public assistance paid on or after August 1, 1987. 

Subd. 7.Cooperation with information requests required. 
(a) Upon the request of the commissioner: 

(1) any state agency or third-party payer shall cooperate by furnishing information to help establish a third-party liability, as required by the federal Deficit Reduction Act of 2005, Public Law 109-171; 

(2) any employer or third-party payer shall cooperate by furnishing a data file containing information about group health insurance plan or medical benefit plan coverage of its employees or insureds within 60 days of the request. The information in the data file must include at least the following: full name, date of birth, Social Security number if collected and stored in a system routinely used for producing data files by the employer or third-party payer, employer name, policy identification number, group identification number, and plan or coverage type. 

(b) For purposes of section 176.191, subdivision 4, the commissioner of labor and industry may allow the commissioner of children, youth, and families and county agencies direct access and data matching on information relating to workers' compensation claims in order to determine whether the claimant has reported the fact of a pending claim and the amount paid to or on behalf of the claimant to the commissioner of human services. 

(c) For the purpose of compliance with section 169.09, subdivision 13, and federal requirements under Code of Federal Regulations, title 42, section 433.138(d)(4), the commissioner of public safety shall provide accident data as requested by the commissioner of children, youth, and families. The disclosure shall not violate section 169.09, subdivision 13, paragraph (d). 

(d) The commissioner of children, youth, and families and county agencies shall limit its use of information gained from agencies, third-party payers, and employers to purposes directly connected with the administration of its public assistance and child support programs. The provision of information by agencies, third-party payers, and employers to the department under this subdivision is not a violation of any right of confidentiality or data privacy. 

142E.50 DEFINITIONS.Subd. 2.Applicant. 
"Applicant" has the meaning given in section 142E.01, subdivision 2. 

Subd. 12.Provider. 
"Provider" means either a provider as defined in section 142E.01, subdivision 22, or a legal unlicensed provider as defined in section 142E.01, subdivision 19. 

245A.02 DEFINITIONS.Subd. 6d.Foster family setting. 
"Foster family setting" has the meaning given in Minnesota Rules, part 2960.3010, subpart 23, and includes settings licensed by the commissioner of human services or the commissioner of corrections. 

256G.02 DEFINITIONS.Subd. 3.Commissioner. 
"Commissioner" means the commissioner of human services. 

Subd. 5.Department. 
"Department" means the Department of Human Services. 

261.003 ELIGIBILITY STANDARDS, RULES.
The commissioner of human services shall promulgate rules in accordance with chapter 14, prescribing minimum standards of eligibility and payment for poor relief, which shall recognize cost of living differences in the various counties of the state.