HF 3901
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/02/2026 02:40 p.m.
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A bill for an act
relating to children; adding investigative powers to the Office of the Foster Youth
Ombudsperson; modifying regulations on foster placements; amending Minnesota
Statutes 2024, sections 13.876, subdivision 3; 260C.82, subdivisions 1, 2, 4, 5, 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 13.876, subdivision 3, is amended to read:
Subd. 3.
Access to data.
The foster youth ombudsperson has access to juvenile placement
and medical data as provided under section 260C.82, subdivision deleted text begin 6deleted text end new text begin 7new text end .
Sec. 2.
Minnesota Statutes 2024, section 260C.82, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Agencydeleted text end new text begin Definitionsnew text end .
new text begin
(a) For the purposes of this section, the terms in
this subdivision have the meanings given.
new text end
deleted text begin For purposes of this section,deleted text end new text begin (b)new text end "Agency" means the divisions, officials, or employees
of the Minnesota Department of Children, Youth, and Familiesdeleted text begin ,deleted text end new text begin ; any Minnesota agency that
licenses the placement of a foster youth, including the Department of Corrections and the
Department of Human Services;new text end the responsible social services agencydeleted text begin ,deleted text end new text begin ;new text end or a licensed
child-placing agency.
new text begin
(c) "Placement" means the institution, facility, or residence that is licensed or otherwise
authorized to house, treat, or care for a foster youth.
new text end
new text begin
(d) "Placement manager" means a controlling individual as defined in section 142B.01,
subdivision 8; owner; or agent of a placement who has the authority or ability to care for,
regulate, or manage a foster youth when the foster youth is at the placement.
new text end
Sec. 3.
Minnesota Statutes 2024, section 260C.82, subdivision 2, is amended to read:
Subd. 2.
Powers.
(a) The foster youth ombudsperson may:
(1) establish a complaint process, including how a person may make a complaint and
how the ombudsperson may review and act upon the complaint;
(2) determine the scope and manner of the ombudsperson's and staff's investigations;
(3) make conclusions, recommendations, and proposals to the governor or to the
legislature, provided that the governor or legislature may request and receive information
from the ombudsperson at any time;
(4) investigate, upon a complaint or upon deleted text begin personaldeleted text end initiativenew text begin of the ombudsperson's
officenew text end , any action of an agency, deleted text begin including a request from a youth in foster care to examine
the physical placement where the child residesdeleted text end new text begin placement manager, parent, guardian, or
custodiannew text end ;
new text begin
(5) pursuant to an investigation under clause (4), enter and inspect without notice any
institution, facility, or residence, public or private, where a foster youth is residing, including
areas for recreation, treatment, discipline, or other activities;
new text end
deleted text begin (5) request anddeleted text end new text begin (6)new text end be givennew text begin directnew text end access to information from an agency that deleted text begin isdeleted text end new text begin the
ombudsperson deemsnew text end necessary for performing the ombudsperson's responsibilities;
new text begin
(7) directly access the social services information system;
new text end
deleted text begin (6)deleted text end new text begin (8)new text end subpoena any person to appear, give testimony, or produce documents or other
evidence that the ombudsperson considers relevant to a matter under inquiry and may petition
a state district court to seek enforcement of a subpoena. Any witness at a hearing or before
an investigation has the same privileges reserved to a witness in the courts or under the laws
of this state; and
deleted text begin (7)deleted text end new text begin (9)new text end be present at court hearings, conferences, meetings, and deliberations when a
youth in foster care requests the ombudsperson's presence.
(b) Neither the ombudsperson nor any member of the ombudsperson's staff shall be
compelled to testify or to produce evidence in any judicial or administrative proceeding
with respect to any matter involving the exercise of the ombudsperson's official duties.
Sec. 4.
Minnesota Statutes 2024, section 260C.82, subdivision 4, is amended to read:
Subd. 4.
Complaints.
(a) The ombudsperson may receive a complaint from any source
concerning the health, safety, new text begin violation of rights, new text end or welfare of a youth in foster care. The
ombudsperson may, at the request of another or on the ombudsperson's own initiative,
investigate any action of an agency deleted text begin or a family foster home, custodiandeleted text end ,new text begin placement manager,new text end
parent,new text begin guardian,new text end or deleted text begin facility licensed by the state, including a residential treatment facility
and secured detention facilitydeleted text end new text begin custodiannew text end . The ombudsperson may exercise powers without
regard to the finality of any action. The ombudsperson may require a complainant to pursue
other remedies or channels of complaint open to the complainant before accepting or
investigating a complaint. After completing the investigation of a complaint, the
ombudsperson deleted text begin shalldeleted text end new text begin maynew text end inform the complainant, the agency, and any person who is the
subject of the investigation of the action taken.
(b) A deleted text begin facility or family foster homedeleted text end new text begin placement manager, parent, guardian, or custodian
new text end must immediately forwardnew text begin to the ombudspersonnew text end anynew text begin communication, including anew text end letter new text begin or
email, addressed new text end tonew text begin or intended fornew text end the ombudsperson deleted text begin from a person in the facility or family
foster homedeleted text end . The deleted text begin facility or family foster homedeleted text end new text begin placement manager, parent, guardian, or
custodiannew text end must not open any deleted text begin letterdeleted text end new text begin communication addressednew text end tonew text begin or intended fornew text end the
ombudsperson deleted text begin from a person at the facility or foster homedeleted text end . deleted text begin A facility or family foster homedeleted text end
new text begin An agency, placement manager, parent, guardian, or custodian new text end must deliver any mail or
forward any email from the ombudsperson deleted text begin to a person in the facility or family foster homedeleted text end
immediately after deleted text begin the facility or family foster home receivesdeleted text end new text begin receivingnew text end the mail or email.
new text begin
(c) The ombudsperson or ombudsperson's staff may conduct private meetings, video
calls, or phone calls with a foster youth. The meeting must be outside the hearing of another
person unless approved by the ombudsperson or ombudsperson's staff.
new text end
new text begin (d) new text end A deleted text begin facility or family foster homedeleted text end new text begin placement manager, parent, guardian, or custodiannew text end
must not punish a person for making a complaint to the ombudspersondeleted text begin . A facility or family
foster homedeleted text end new text begin andnew text end must not unfavorably alter the conditions of a person's placementnew text begin , supports,
or services receivednew text end as a consequence for making a complaint to the ombudsperson.
Sec. 5.
Minnesota Statutes 2024, section 260C.82, subdivision 5, is amended to read:
Subd. 5.
Recommendations.
(a) If the ombudsperson considers a complaint to be valid,
the ombudsperson may recommend that an agencynew text begin , guardian ad litem,new text end or deleted text begin adeleted text end judicial officer:
(1) consider the matter further;
(2) modify or cancel the agency's or judicial officer's actions;
(3) change a ruling or explain an action; or
(4) take any other step that the ombudsperson recommends to provide direction or require
action by a facility, placement, or custodian providing a residence to the complainant.
(b) If the ombudsperson requests, the agency shall, within the time that the ombudsperson
specifies, inform the ombudsperson about the action taken based on the ombudsperson's
recommendations or the reasons for not complying with the ombudsperson's
recommendations. If the ombudsperson has the reason to believe that any person, including
a public official, has acted in a manner warranting criminal or disciplinary proceedings, the
ombudsperson may refer the matter to the appropriate authorities. If the ombudsperson
believes that an action upon which a valid complaint is founded had a statutory basis, and
that the statute produced results or effects that were unfair or otherwise objectionable, the
ombudsperson shall bring to the attention of the governor and the legislature the
ombudsperson's view concerning desirable statutory change.
Sec. 6.
Minnesota Statutes 2024, section 260C.82, subdivision 7, is amended to read:
Subd. 7.
Data.
new text begin (a) When access to data is necessary for the ombudsperson to perform
the ombudsperson's duties under sections 260C.80 to 260C.82, new text end state district courts may and
deleted text begin administrativedeleted text end agencies must provide the foster youth ombudsperson withnew text begin :
new text end
new text begin (1)new text end access to juvenile court datadeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end foster care placement datadeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (3)new text end medical data maintained by an agency deleted text begin anddeleted text end new text begin that isnew text end classified as private data on
individuals or confidential data on individuals deleted text begin when access to the data is necessary for the
ombudsperson to perform the ombudsperson's duties under sections 260C.80 to 260C.82deleted text end new text begin ;
and
new text end
new text begin (4) any other data pertinent to an investigation by the ombudspersonnew text end .
new text begin
(b) Upon request of the ombudsperson, a placement must provide any data or information
to the ombudsperson to the extent the placement is required to provide data or information
to the placement's licensing agency.
new text end