Engrossments
Introduction		Posted on 05/24/2019

Section 1.

Minnesota Statutes 2018, section 119B.011, is amended by adding a subdivision
to read:

new text begin Subd. 13b. new text end

new text begin Homeless. new text end

new text begin "Homeless" means a self-declared housing status as defined in
the McKinney-Vento Homeless Assistance Act and United States Code, title 42, section
11302, paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 21, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 119B.011, subdivision 19, is amended to read:

Subd. 19.

Provider.

"Provider" means:

(1) an individual or child care center or facilitydeleted text begin , either licensed or unlicensed, providing
legal child care services as defineddeleted text end new text begin licensed to provide child carenew text end under deleted text begin section 245A.03deleted text end new text begin
chapter 245A when operating within the terms of the licensenew text end ; deleted text begin or
deleted text end

(2)new text begin a license exempt center required to be certified under chapter 245H;
new text end

new text begin (3)new text end an individual or child care center or facility deleted text begin holdingdeleted text end new text begin that: (i) holds new text end a valid child care
license issued by another state or a tribe deleted text begin and providingdeleted text end new text begin ; (ii) providesnew text end child care services in
the licensing state or in the area under the licensing tribe's jurisdictionnew text begin ; and (iii) is in
compliance with federal health and safety requirements as certified by the licensing state
or tribe, or as determined by receipt of child care development block grant funds in the
licensing state; or
new text end

new text begin (4) a legal nonlicensed child care provider as defined under section 119B.011, subdivision
16, providing legal child care servicesnew text end . A deleted text begin legally unlicensed familydeleted text end new text begin legal nonlicensed new text end child
care provider must be at least 18 years of age, and not a member of the MFIP assistance
unit or a member of the family receiving child care assistance to be authorized under this
chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end

Sec. 3.

Minnesota Statutes 2018, section 119B.011, subdivision 20, is amended to read:

Subd. 20.

Transition year families.

"Transition year families" means families who have
received MFIP assistance, or who were eligible to receive MFIP assistance after choosing
to discontinue receipt of the cash portion of MFIP assistance under section 256J.31,
subdivision 12, or families who have received DWP assistance under section 256J.95 for
at least deleted text begin threedeleted text end new text begin onenew text end of the last six months before losing eligibility for MFIP or DWP.
Notwithstanding Minnesota Rules, parts 3400.0040, subpart 10, and 3400.0090, subpart 2,
transition year child care may be used to support employment, approved education or training
programs, or job search that meets the requirements of section 119B.10. Transition year
child care is not available to families who have been disqualified from MFIP or DWP due
to fraud.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 23, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, section 119B.02, subdivision 7, is amended to read:

Subd. 7.

Child care market rate survey.

deleted text begin Biennially,deleted text end The commissioner shall new text begin conduct
the next new text end survey new text begin of new text end prices charged by child care providers in Minnesota new text begin in state fiscal year
2021 and every three years thereafter new text end to determine the 75th percentile for like-care
arrangements in county price clusters.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2018, section 119B.025, subdivision 1, is amended to read:

Subdivision 1.

Applications.

(a) new text begin Except as provided in paragraph (c), clause (4), new text end the
county shall verify the following at all initial child care applications using the universal
application:

(1) identity of adults;

(2) presence of the minor child in the home, if questionable;

(3) relationship of minor child to the parent, stepparent, legal guardian, eligible relative
caretaker, or the spouses of any of the foregoing;

(4) age;

(5) immigration status, if related to eligibility;

(6) Social Security number, if given;

(7) counted income;

(8) spousal support and child support payments made to persons outside the household;

(9) residence; and

(10) inconsistent information, if related to eligibility.

(b) The county must mail a notice of approval or denial of assistance to the applicant
within 30 calendar days after receiving the application. The county may extend the response
time by 15 calendar days if the applicant is informed of the extension.

new text begin (c) For an applicant who declares that the applicant is homeless and who meets the
definition of homeless in section 119B.011, subdivision 13b, the county must:
new text end

new text begin (1) if information is needed to determine eligibility, send a request for information to
the applicant within five working days after receiving the application;
new text end

new text begin (2) if the applicant is eligible, send a notice of approval of assistance within five working
days after receiving the application;
new text end

new text begin (3) if the applicant is ineligible, send a notice of denial of assistance within 30 days after
receiving the application. The county may extend the response time by 15 calendar days if
the applicant is informed of the extension;
new text end

new text begin (4) not require verifications required by paragraph (a) before issuing the notice of approval
or denial; and
new text end

new text begin (5) follow limits set by the commissioner for how frequently expedited application
processing may be used for an applicant under this paragraph.
new text end

new text begin (d) An applicant who declares that the applicant is homeless must submit proof of
eligibility within three months of the date the application was received. If proof of eligibility
is not submitted within three months, eligibility ends. A 15-day adverse action notice is
required to end eligibility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 21, 2020.
new text end

Sec. 6.

Minnesota Statutes 2018, section 119B.025, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Information to applicants; child care fraud. new text end

new text begin At the time of initial application
and at redetermination, the county must provide written notice to the applicant or participant
listing the activities that constitute child care fraud and the consequences of committing
child care fraud. An applicant or participant shall acknowledge receipt of the child care
fraud notice in writing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2019.
new text end

Sec. 7.

Minnesota Statutes 2018, section 119B.03, subdivision 9, is amended to read:

Subd. 9.

Portability pool.

(a) The commissioner shall establish a pool of up to five
percent of the annual appropriation for the basic sliding fee program to provide continuous
child care assistance for eligible families who move between Minnesota counties. At the
end of each allocation period, any unspent funds in the portability pool must be used for
assistance under the basic sliding fee program. If expenditures from the portability pool
exceed the amount of money available, the reallocation pool must be reduced to cover these
shortages.

(b) deleted text begin To be eligible for portable basic sliding fee assistance,deleted text end A family that has moved from
a county in which it was receiving basic sliding fee assistance to a county with a waiting
list for the basic sliding fee program must:

(1) meet the income and eligibility guidelines for the basic sliding fee program; and

(2) notify deleted text begin the new county of residence within 60 days of moving and submit information
to the new county of residence to verify eligibility for the basic sliding fee programdeleted text end new text begin the
family's previous county of residence of the family's move to a new county of residencenew text end .

(c) The receiving county must:

(1) accept administrative responsibility for applicants for portable basic sliding fee
assistance at the end of the two months of assistance under the Unitary Residency Act;

(2) continue new text begin portability pool new text end basic sliding fee assistance deleted text begin for the lesser of six months ordeleted text end
until the family is able to receive assistance under the county's regular basic sliding program;
and

(3) notify the commissioner through the quarterly reporting process of any family that
meets the criteria of the portable basic sliding fee assistance pool.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 2, 2019.
new text end

Sec. 8.

Minnesota Statutes 2018, section 119B.09, subdivision 1, is amended to read:

Subdivision 1.

General eligibility requirements.

(a) Child care services must be
available to families who need child care to find or keep employment or to obtain the training
or education necessary to find employment and who:

(1) have household income less than or equal to 67 percent of the state median income,
adjusted for family size, at application and redetermination, and meet the requirements of
section 119B.05; receive MFIP assistance; and are participating in employment and training
services under chapter 256J; or

(2) have household income less than or equal to 47 percent of the state median income,
adjusted for family size, at application and less than or equal to 67 percent of the state
median income, adjusted for family size, at redetermination.

(b) Child care services must be made available as in-kind services.

(c) All applicants for child care assistance and families currently receiving child care
assistance must be assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family at application and
redetermination as a condition of program eligibility. For purposes of this section, a family
is considered to meet the requirement for cooperation when the family complies with the
requirements of section 256.741.

(d) All applicants for child care assistance and families currently receiving child care
assistance must pay the co-payment fee under section 119B.12, subdivision 2, as a condition
of eligibility. The co-payment fee may include additional recoupment fees due to a child
care assistance program overpayment.

new text begin (e) If a family has one child with a child care authorization and the child reaches 13
years of age or the child has a disability and reaches 15 years of age, the family remains
eligible until the redetermination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 29, 2020.
new text end

Sec. 9.

Minnesota Statutes 2018, section 119B.095, subdivision 2, is amended to read:

Subd. 2.

Maintain steady child care authorizations.

(a) Notwithstanding Minnesota
Rules, chapter 3400, the amount of child care authorized under section 119B.10 for
employment, education, or an MFIP or DWP employment plan shall continue at the same
number of hours or more hours until redetermination, including:

(1) when the other parent moves in and is employed or has an education plan under
section 119B.10, subdivision 3, or has an MFIP or DWP employment plan; or

(2) when the participant's work hours are reduced or a participant temporarily stops
working or attending an approved education program. Temporary changes include, but are
not limited to, a medical leave, seasonal employment fluctuations, or a school break between
semesters.

(b) The county may increase the amount of child care authorized at any time if the
participant verifies the need for increased hours for authorized activities.

(c) The county may reduce the amount of child care authorized if a parent requests a
reduction or because of a change in:

(1) the child's school schedule;

(2) the custody schedule; or

(3) the provider's availability.

(d) The amount of child care authorized for a family subject to subdivision 1, paragraph
(b), must change when the participant's activity schedule changes. Paragraph (a) does not
apply to a family subject to subdivision 1, paragraph (b).

new text begin (e) When a child reaches 13 years of age or a child with a disability reaches 15 years of
age, the amount of child care authorized shall continue at the same number of hours or more
hours until redetermination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 29, 2020.
new text end

Sec. 10.

Minnesota Statutes 2018, section 119B.095, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Assistance for persons who are homeless. new text end

new text begin An applicant who is homeless and
eligible for child care assistance is exempt from the activity participation requirements under
this chapter for three months. The applicant under this subdivision is eligible for 60 hours
of child care assistance per service period for three months from the date the county receives
the application. Additional hours may be authorized as needed based on the applicant's
participation in employment, education, or MFIP or DWP employment plan. To continue
receiving child care assistance after the initial three months, the applicant must verify that
the applicant meets eligibility and activity requirements for child care assistance under this
chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 21, 2020.
new text end

Sec. 11.

Minnesota Statutes 2018, section 119B.16, subdivision 1, is amended to read:

Subdivision 1.

Fair hearing allowednew text begin for applicants and recipientsnew text end .

new text begin (a) new text end An applicant
or recipient adversely affected by new text begin an action of new text end a county agency deleted text begin actiondeleted text end new text begin or the commissioner,
for an action taken directly against the applicant or recipient,new text end may request new text begin and receive new text end a fair
hearing in accordance with new text begin this subdivision and new text end section 256.045.new text begin An applicant or recipient
does not have a right to a fair hearing if a county agency or the commissioner takes action
against a provider.
new text end

new text begin (b) A county agency must offer an informal conference to an applicant or recipient who
is entitled to a fair hearing under this section. A county agency must advise an applicant or
recipient that a request for a conference is optional and does not delay or replace the right
to a fair hearing.
new text end

new text begin (c) If a provider's authorization is suspended, denied, or revoked, a county agency or
the commissioner must mail notice to each child care assistance program recipient receiving
care from the provider.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 26, 2021.
new text end

Sec. 12.

Minnesota Statutes 2018, section 119B.16, subdivision 1a, is amended to read:

Subd. 1a.

Fair hearing allowed for providers.

(a) This subdivision applies to providers
caring for children receiving child care assistance.

deleted text begin (b) A provider to whom a county agency has assigned responsibility for an overpayment
may request a fair hearing in accordance with section 256.045 for the limited purpose of
challenging the assignment of responsibility for the overpayment and the amount of the
overpayment. The scope of the fair hearing does not include the issues of whether the
provider wrongfully obtained public assistance in violation of section 256.98 or was properly
disqualified under section 256.98, subdivision 8, paragraph (c), unless the fair hearing has
been combined with an administrative disqualification hearing brought against the provider
under section 256.046.
deleted text end

new text begin (b) A provider may request a fair hearing according to sections 256.045 and 256.046
only if a county agency or the commissioner:
new text end

new text begin (1) denies or revokes a provider's authorization, unless the action entitles the provider
to an administrative review under section 119B.161;
new text end

new text begin (2) assigns responsibility for an overpayment to a provider under section 119B.11,
subdivision 2a;
new text end

new text begin (3) establishes an overpayment for failure to comply with section 119B.125, subdivision
6;
new text end

new text begin (4) seeks monetary recovery or recoupment under section 245E.02, subdivision 4,
paragraph (c), clause (2);
new text end

new text begin (5) initiates an administrative fraud disqualification hearing; or
new text end

new text begin (6) issues a payment and the provider disagrees with the amount of the payment.
new text end

new text begin (c) A provider may request a fair hearing by submitting a written request to the
Department of Human Services, Appeals Division. A provider's request must be received
by the Appeals Division no later than 30 days after the date a county or the commissioner
mails the notice.
new text end

new text begin (d) The provider's appeal request must contain the following:
new text end

new text begin (1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the
dollar amount involved for each disputed item;
new text end

new text begin (2) the computation the provider believes to be correct, if applicable;
new text end

new text begin (3) the statute or rule relied on for each disputed item; and
new text end

new text begin (4) the name, address, and telephone number of the person at the provider's place of
business with whom contact may be made regarding the appeal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 26, 2021.
new text end

Sec. 13.

Minnesota Statutes 2018, section 119B.16, subdivision 1b, is amended to read:

Subd. 1b.

Joint fair hearings.

deleted text begin When a provider requests a fair hearing under subdivision
1a, the family in whose case the overpayment was created must be made a party to the fair
hearing. All other issues raised by the family must be resolved in the same proceeding.
When a family requests a fair hearing and claims that the county should have assigned
responsibility for an overpayment to a provider, the provider must be made a party to the
fair hearing.deleted text end The human services judge assigned to a fair hearing may join a family or a
provider as a party to the fair hearing whenever joinder of that party is necessary to fully
and fairly resolve deleted text begin overpaymentdeleted text end issues raised in the appeal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 26, 2021.
new text end

Sec. 14.

Minnesota Statutes 2018, section 119B.16, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Notice to providers. new text end

new text begin (a) Before taking an action appealable under subdivision
1a, paragraph (b), a county agency or the commissioner must mail written notice to the
provider against whom the action is being taken. Unless otherwise specified under chapter
119B or 245E or Minnesota Rules, chapter 3400, a county agency or the commissioner must
mail the written notice at least 15 calendar days before the adverse action's effective date.
new text end

new text begin (b) The notice shall state (1) the factual basis for the department's determination, (2) the
action the department intends to take, (3) the dollar amount of the monetary recovery or
recoupment, if known, and (4) the provider's right to appeal the department's proposed
action.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 26, 2021.
new text end

Sec. 15.

Minnesota Statutes 2018, section 119B.16, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Fair hearing stayed. new text end

new text begin (a) If a county agency or the commissioner denies or
revokes a provider's authorization based on a licensing action under section 245A.07, and
the provider appeals, the provider's fair hearing must be stayed until the commissioner issues
an order as required under section 245A.08, subdivision 5.
new text end

new text begin (b) If the commissioner denies or revokes a provider's authorization based on
decertification under section 245H.07, and the provider appeals, the provider's fair hearing
must be stayed until the commissioner issues a final order as required under section 245H.07.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 26, 2021.
new text end

Sec. 16.

Minnesota Statutes 2018, section 119B.16, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Final department action. new text end

new text begin Unless the commissioner receives a timely and
proper request for an appeal, a county agency's or the commissioner's action shall be
considered a final department action.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 26, 2021.
new text end

Sec. 17.

new text begin [119B.161] ADMINISTRATIVE REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin A provider has the right to an administrative review under
this section if (1) a payment was suspended under chapter 245E, or (2) the provider's
authorization was denied or revoked under section 119B.13, subdivision 6, paragraph (d),
clause (1) or (2).
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin (a) A county agency or the commissioner must mail written notice to
a provider within five days of suspending payment or denying or revoking the provider's
authorization under subdivision 1.
new text end

new text begin (b) The notice must:
new text end

new text begin (1) state the provision under which a county agency or the commissioner is denying,
revoking, or suspending the provider's authorization or suspending payment to the provider;
new text end

new text begin (2) set forth the general allegations leading to the denial, revocation, or suspension of
the provider's authorization. The notice need not disclose any specific information concerning
an ongoing investigation;
new text end

new text begin (3) state that the denial, revocation, or suspension of the provider's authorization is for
a temporary period and explain the circumstances under which the action expires; and
new text end

new text begin (4) inform the provider of the right to submit written evidence and argument for
consideration by the commissioner.
new text end

new text begin (c) Notwithstanding Minnesota Rules, part 3400.0185, if a county agency or the
commissioner suspends payment to a provider under chapter 245E or denies or revokes a
provider's authorization under section 119B.13, subdivision 6, paragraph (d), clause (1) or
(2), a county agency or the commissioner must send notice of service authorization closure
to each affected family. The notice sent to an affected family is effective on the date the
notice is created.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin If a provider's payment is suspended under chapter 245E or a
provider's authorization is denied or revoked under section 119B.13, subdivision 6, paragraph
(d), clause (1) or (2), the provider's denial, revocation, temporary suspension, or payment
suspension remains in effect until:
new text end

new text begin (1) the commissioner or a law enforcement authority determines that there is insufficient
evidence warranting the action and a county agency or the commissioner does not pursue
an additional administrative remedy under chapter 245E or section 256.98; or
new text end

new text begin (2) all criminal, civil, and administrative proceedings related to the provider's alleged
misconduct conclude and any appeal rights are exhausted.
new text end

new text begin Subd. 4. new text end

new text begin Good cause exception. new text end

new text begin The commissioner may find that good cause exists not
to deny, revoke, or suspend a provider's authorization, or not to continue a denial, revocation,
or suspension of a provider's authorization if any of the following are applicable:
new text end

new text begin (1) a law enforcement authority specifically requested that a provider's authorization
not be denied, revoked, or suspended because that action may compromise an ongoing
investigation;
new text end

new text begin (2) the commissioner determines that the denial, revocation, or suspension should be
removed based on the provider's written submission; or
new text end

new text begin (3) the commissioner determines that the denial, revocation, or suspension is not in the
best interests of the program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 26, 2021.
new text end

Sec. 18.

Minnesota Statutes 2018, section 245E.06, subdivision 3, is amended to read:

Subd. 3.

Appeal of department deleted text begin sanctiondeleted text end new text begin actionnew text end .

deleted text begin (a) If the department does not pursue
a criminal action against a provider, license holder, controlling individual, or recipient for
financial misconduct, but the department imposes an administrative sanction under section
245E.02, subdivision 4, paragraph (c), any individual or entity against whom the sanction
was imposed may appeal the department's administrative sanction under this section pursuant
to section 119B.16 or 256.045 with the additional requirements in clauses (1) to (4). An
appeal must specify:
deleted text end

deleted text begin (1) each disputed item, the reason for the dispute, and an estimate of the dollar amount
involved for each disputed item, if appropriate;
deleted text end

deleted text begin (2) the computation that is believed to be correct, if appropriate;
deleted text end

deleted text begin (3) the authority in the statute or rule relied upon for each disputed item; and
deleted text end

deleted text begin (4) the name, address, and phone number of the person at the provider's place of business
with whom contact may be made regarding the appeal.
deleted text end

deleted text begin (b) Notwithstanding section 245E.03, subdivision 4, an appeal is considered timely only
if postmarked or received by the department's Appeals Division within 30 days after receiving
a notice of department sanction.
deleted text end

deleted text begin (c) Before the appeal hearing, the department may deny or terminate authorizations or
payment to the entity or individual if the department determines that the action is necessary
to protect the public welfare or the interests of the child care assistance program. deleted text end new text begin A provider's
rights related to the department's action taken under this chapter against a provider are
established in sections 119B.16 and 119B.161.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 26, 2021.
new text end

Sec. 19.

Minnesota Statutes 2018, section 256.01, subdivision 14b, is amended to read:

Subd. 14b.

American Indian child welfare projects.

(a) The commissioner of human
services may authorize projects to deleted text begin testdeleted text end new text begin initiatenew text end tribal delivery of child welfare services to
American Indian children and their parents and custodians living on the reservation. The
commissioner has authority to solicit and determine which tribes may participate in a project.
Grants may be issued to Minnesota Indian tribes to support the projects. The commissioner
may waive existing state rules as needed to accomplish the projects. The commissioner may
authorize projects to use alternative methods of (1) new text begin screening, new text end investigatingnew text begin ,new text end and assessing
reports of child maltreatment, and (2) administrative reconsideration, administrative appeal,
and judicial appeal of maltreatment determinations, provided the alternative methods used
by the projects comply with the provisions of sections 256.045 and 626.556 deleted text begin dealingdeleted text end new text begin that
dealnew text end with the rights of individuals who are the subjects of reports or investigations, including
notice and appeal rights and data practices requirements.new text begin The commissioner shall only
authorize alternative methods that comply with the public policy under section 626.556,
subdivision 1.new text end The commissioner may seek any federal approvals necessary to carry out the
projects as well as seek and use any funds available to the commissioner, including use of
federal funds, foundation funds, existing grant funds, and other funds. The commissioner
is authorized to advance state funds as necessary to operate the projects. Federal
reimbursement applicable to the projects is appropriated to the commissioner for the purposes
of the projects. The projects must be required to address responsibility for safety, permanency,
and well-being of children.

(b) For the purposes of this section, "American Indian child" means a person under 21
years old and who is a tribal member or eligible for membership in one of the tribes chosen
for a project under this subdivision and who is residing on the reservation of that tribe.

(c) In order to qualify for an American Indian child welfare project, a tribe must:

(1) be one of the existing tribes with reservation land in Minnesota;

(2) have a tribal court with jurisdiction over child custody proceedings;

(3) have a substantial number of children for whom determinations of maltreatment have
occurred;

(4)new text begin (i)new text end have capacity to respond to reports of abuse and neglect under section 626.556;new text begin
or (ii) have codified the tribe's screening, investigation, and assessment of reports of child
maltreatment procedures, if authorized to use an alternative method by the commissioner
under paragraph (a);
new text end

(5) provide a wide range of services to families in need of child welfare services; and

(6) have a tribal-state title IV-E agreement in effect.

(d) Grants awarded under this section may be used for the nonfederal costs of providing
child welfare services to American Indian children on the tribe's reservation, including costs
associated with:

(1) assessment and prevention of child abuse and neglect;

(2) family preservation;

(3) facilitative, supportive, and reunification services;

(4) out-of-home placement for children removed from the home for child protective
purposes; and

(5) other activities and services approved by the commissioner that further the goals of
providing safety, permanency, and well-being of American Indian children.

(e) When a tribe has initiated a project and has been approved by the commissioner to
assume child welfare responsibilities for American Indian children of that tribe under this
section, the affected county social service agency is relieved of responsibility for responding
to reports of abuse and neglect under section 626.556 for those children during the time
within which the tribal project is in effect and funded. The commissioner shall work with
tribes and affected counties to develop procedures for data collection, evaluation, and
clarification of ongoing role and financial responsibilities of the county and tribe for child
welfare services prior to initiation of the project. Children who have not been identified by
the tribe as participating in the project shall remain the responsibility of the county. Nothing
in this section shall alter responsibilities of the county for law enforcement or court services.

(f) Participating tribes may conduct children's mental health screenings under section
245.4874, subdivision 1, paragraph (a), clause (12), for children who are eligible for the
initiative and living on the reservation and who meet one of the following criteria:

(1) the child must be receiving child protective services;

(2) the child must be in foster care; or

(3) the child's parents must have had parental rights suspended or terminated.

Tribes may access reimbursement from available state funds for conducting the screenings.
Nothing in this section shall alter responsibilities of the county for providing services under
section 245.487.

(g) Participating tribes may establish a local child mortality review panel. In establishing
a local child mortality review panel, the tribe agrees to conduct local child mortality reviews
for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes
with established child mortality review panels shall have access to nonpublic data and shall
protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide
written notice to the commissioner and affected counties when a local child mortality review
panel has been established and shall provide data upon request of the commissioner for
purposes of sharing nonpublic data with members of the state child mortality review panel
in connection to an individual case.

(h) The commissioner shall collect information on outcomes relating to child safety,
permanency, and well-being of American Indian children who are served in the projects.
Participating tribes must provide information to the state in a format and completeness
deemed acceptable by the state to meet state and federal reporting requirements.

(i) In consultation with the White Earth Band, the commissioner shall develop and submit
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services a plan to transfer legal responsibility for providing child
protective services to White Earth Band member children residing in Hennepin County to
the White Earth Band. The plan shall include a financing proposal, definitions of key terms,
statutory amendments required, and other provisions required to implement the plan. The
commissioner shall submit the plan by January 15, 2012.

Sec. 20.

Minnesota Statutes 2018, section 256J.24, subdivision 5, is amended to read:

Subd. 5.

MFIP transitional standard.

new text begin (a) new text end The MFIP transitional standard is based on
the number of persons in the assistance unit eligible for both food and cash assistance. The
amount of the transitional standard is published annually by the Department of Human
Services.

new text begin (b) The amount of the MFIP cash assistance portion of the transitional standard is
increased $100 per month per household. This increase shall be reflected in the MFIP cash
assistance portion of the transitional standard published annually by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective February 1, 2020.
new text end

Sec. 21.

Minnesota Statutes 2018, section 256M.41, subdivision 3, is amended to read:

Subd. 3.

Payments deleted text begin based on performancedeleted text end .

deleted text begin (a)deleted text end The commissioner shall make payments
under this section to each county deleted text begin board on a calendar year basis in an amount determined
under paragraph (b)deleted text end new text begin on or before July 10 of each yearnew text end .

deleted text begin (b) Calendar year allocations under subdivision 1 shall be paid to counties in the following
manner:
deleted text end

deleted text begin (1) 80 percent of the allocation as determined in subdivision 1 must be paid to counties
on or before July 10 of each year;
deleted text end

deleted text begin (2) ten percent of the allocation shall be withheld until the commissioner determines if
the county has met the performance outcome threshold of 90 percent based on face-to-face
contact with alleged child victims. In order to receive the performance allocation, the county
child protection workers must have a timely face-to-face contact with at least 90 percent of
all alleged child victims of screened-in maltreatment reports. The standard requires that
each initial face-to-face contact occur consistent with timelines defined in section 626.556,
subdivision 10, paragraph (i). The commissioner shall make threshold determinations in
January of each year and payments to counties meeting the performance outcome threshold
shall occur in February of each year. Any withheld funds from this appropriation for counties
that do not meet this requirement shall be reallocated by the commissioner to those counties
meeting the requirement; and
deleted text end

deleted text begin (3) ten percent of the allocation shall be withheld until the commissioner determines
that the county has met the performance outcome threshold of 90 percent based on
face-to-face visits by the case manager. In order to receive the performance allocation, the
total number of visits made by caseworkers on a monthly basis to children in foster care
and children receiving child protection services while residing in their home must be at least
90 percent of the total number of such visits that would occur if every child were visited
once per month. The commissioner shall make such determinations in January of each year
and payments to counties meeting the performance outcome threshold shall occur in February
of each year. Any withheld funds from this appropriation for counties that do not meet this
requirement shall be reallocated by the commissioner to those counties meeting the
requirement. For 2015, the commissioner shall only apply the standard for monthly foster
care visits.
deleted text end

deleted text begin (c) The commissioner shall work with stakeholders and the Human Services Performance
Council under section 402A.16 to develop recommendations for specific outcome measures
that counties should meet in order to receive funds withheld under paragraph (b), and include
in those recommendations a determination as to whether the performance measures under
paragraph (b) should be modified or phased out. The commissioner shall report the
recommendations to the legislative committees having jurisdiction over child protection
issues by January 1, 2018.
deleted text end

Sec. 22.

Minnesota Statutes 2018, section 256M.41, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin County performance on child protection measures. new text end

new text begin The commissioner shall
set child protection measures and standards. The commissioner shall require an
underperforming county to demonstrate that the county designated sufficient funds and
implemented a reasonable strategy to improve child protection performance, including the
provision of a performance improvement plan and additional remedies identified by the
commissioner. The commissioner may redirect up to 20 percent of a county's funds under
this section toward the performance improvement plan. Sanctions under section 256M.20,
subdivision 3, related to noncompliance with federal performance standards also apply.
new text end

Sec. 23.

Minnesota Statutes 2018, section 260C.007, subdivision 18, is amended to read:

Subd. 18.

Foster care.

new text begin (a) new text end "Foster care" means deleted text begin 24 hourdeleted text end new text begin 24-hournew text end substitute care for
deleted text begin children placed away from their parents or guardian anddeleted text end new text begin a childnew text end for whom a responsible
social services agency has placement and care responsibilitydeleted text begin . "Foster care" includes, but is
not limited to, placementdeleted text end new text begin and:
new text end

new text begin (1) who is placed away from the child's parent or guardiannew text end in foster family homes, foster
homes of relatives, group homes, emergency shelters, residential facilities not excluded in
this subdivision, child care institutions, and preadoptive homesdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (2) who is colocated with the child's parent or guardian in a licensed residential
family-based substance use disorder treatment program as defined in subdivision 22a; or
new text end

new text begin (3) who is returned to the care of the child's parent or guardian from whom the child
was removed under a trial home visit pursuant to section 260C.201, subdivision 1, paragraph
(a), clause (3).
new text end

new text begin (b)new text end A child is in foster care under this definition regardless of whether the facility is
licensed and payments are made for the cost of care. Nothing in this definition creates any
authority to place a child in a home or facility that is required to be licensed which is not
licensed. "Foster care" does not include placement in any of the following facilities: hospitals,
inpatient chemical dependency treatment facilitiesnew text begin where the child is the recipient of the
treatmentnew text end , facilities that are primarily for delinquent children, any corrections facility or
program within a particular correction's facility not meeting requirements for title IV-E
facilities as determined by the commissioner, facilities to which a child is committed under
the provision of chapter 253B, forestry camps, or jails. Foster care is intended to provide
for a child's safety or to access treatment. Foster care must not be used as a punishment or
consequence for a child's behavior.

Sec. 24.

Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 22a. new text end

new text begin Licensed residential family-based substance use disorder treatment
program. new text end

new text begin "Licensed residential family-based substance use disorder treatment program"
means a residential treatment facility that provides the parent or guardian with parenting
skills training, parent education, or individual and family counseling, under an organizational
structure and treatment framework that involves understanding, recognizing, and responding
to the effects of all types of trauma according to recognized principles of a trauma-informed
approach and trauma-specific interventions to address the consequences of trauma and
facilitate healing. The residential program must be licensed by the Department of Human
Services under chapter 245A and sections 245G.01 to 245G.16, 245G.19, and 245G.21 as
a residential substance use disorder treatment program specializing in the treatment of clients
with children.
new text end

Sec. 25.

Minnesota Statutes 2018, section 260C.178, subdivision 1, is amended to read:

Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into custody
under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a
hearing within 72 hours of the time the child was taken into custody, excluding Saturdays,
Sundays, and holidays, to determine whether the child should continue in custody.

(b) Unless there is reason to believe that the child would endanger self or others or not
return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian, or
other suitable person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.

(c) If the court determines there is reason to believe that the child would endanger self
or others or not return for a court hearing, or that the child's health or welfare would be
immediately endangered if returned to the care of the parent or guardian who has custody
and from whom the child was removed, the court shall order the child into foster carenew text begin as
defined in section 260C.007, subdivision 18,new text end under the legal responsibility of the responsible
social services agency or responsible probation or corrections agency for the purposes of
protective care as that term is used in the juvenile court rules or into the home of a
noncustodial parent and order the noncustodial parent to comply with any conditions the
court determines to be appropriate to the safety and care of the child, including cooperating
with paternity establishment proceedings in the case of a man who has not been adjudicated
the child's father. The court shall not give the responsible social services legal custody and
order a trial home visit at any time prior to adjudication and disposition under section
260C.201, subdivision 1, paragraph (a), clause (3), but may order the child returned to the
care of the parent or guardian who has custody and from whom the child was removed and
order the parent or guardian to comply with any conditions the court determines to be
appropriate to meet the safety, health, and welfare of the child.

(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator of
domestic child abuse.

(e) The court, before determining whether a child should be placed in or continue in
foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1912(d), were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent placement when
the agency establishes either:

(1) that it has actually provided services or made efforts in an attempt to prevent the
child's removal but that such services or efforts have not proven sufficient to permit the
child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the hearing
that could safely permit the child to remain home or to return home. When reasonable efforts
to prevent placement are required and there are services or other efforts that could be ordered
which would permit the child to safely return home, the court shall order the child returned
to the care of the parent or guardian and the services or efforts put in place to ensure the
child's safety. When the court makes a prima facie determination that one of the
circumstances under paragraph (g) exists, the court shall determine that reasonable efforts
to prevent placement and to return the child to the care of the parent or guardian are not
required.

If the court finds the social services agency's preventive or reunification efforts have
not been reasonable but further preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize or continue the removal of
the child.

(f) The court may not order or continue the foster care placement of the child unless the
court makes explicit, individualized findings that continued custody of the child by the
parent or guardian would be contrary to the welfare of the child and that placement is in the
best interest of the child.

(g) At the emergency removal hearing, or at any time during the course of the proceeding,
and upon notice and request of the county attorney, the court shall determine whether a
petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;

(2) the parental rights of the parent to another child have been involuntarily terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e),
clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
against the child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable.

(h) When a petition to terminate parental rights is required under section 260C.301,
subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
proceed with a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section 260C.507, the
court shall schedule a permanency hearing within 30 days of the filing of the petition.

(i) If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section 260C.503, subdivision 2, paragraph (c).

(j) If the court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency regarding the
child's father or relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the responsible social
services agency for the purpose of complying with sections 260C.151, 260C.212, 260C.215,
and 260C.221.

(k) If a child ordered into foster care has siblings, whether full, half, or step, who are
also ordered into foster care, the court shall inquire of the responsible social services agency
of the efforts to place the children together as required by section 260C.212, subdivision 2,
paragraph (d), if placement together is in each child's best interests, unless a child is in
placement for treatment or a child is placed with a previously noncustodial parent who is
not a parent to all siblings. If the children are not placed together at the time of the hearing,
the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place
the siblings together, as required under section 260.012. If any sibling is not placed with
another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing
contact among the siblings as required under section 260C.212, subdivision 1, unless it is
contrary to the safety or well-being of any of the siblings to do so.

(l) When the court has ordered the child into foster care or into the home of a noncustodial
parent, the court may order a chemical dependency evaluation, mental health evaluation,
medical examination, and parenting assessment for the parent as necessary to support the
development of a plan for reunification required under subdivision 7 and section 260C.212,
subdivision 1, or the child protective services plan under section 626.556, subdivision 10,
and Minnesota Rules, part 9560.0228.

Sec. 26.

new text begin [260C.190] FAMILY-FOCUSED RESIDENTIAL PLACEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Placement. new text end

new text begin (a) An agency with legal responsibility for a child under
section 260C.178, subdivision 1, paragraph (c), or legal custody of a child under section
260C.201, subdivision 1, paragraph (a), clause (3), may colocate a child with a parent who
is receiving services in a licensed residential family-based substance use disorder treatment
program for up to 12 months.
new text end

new text begin (b) During the child's placement under paragraph (a), the agency: (1) may visit the child
as the agency deems necessary and appropriate; (2) shall continue to have access to
information under section 260C.208; and (3) shall continue to provide appropriate services
to both the parent and the child.
new text end

new text begin (c) The agency may terminate the child's placement under paragraph (a) to protect the
child's health, safety, or welfare and may remove the child to foster care without a prior
court order or authorization.
new text end

new text begin Subd. 2. new text end

new text begin Case plans. new text end

new text begin (a) Before a child may be colocated with a parent in a licensed
residential family-based substance use disorder treatment program, a recommendation that
the child's placement with a parent is in the child's best interests must be documented in the
child's case plan. Each child must have a written case plan developed with the parent and
the treatment program staff that describes the safety plan for the child and the treatment
program's responsibilities if the parent leaves or is discharged without completing the
program. The treatment program must be provided with a copy of the case plan that includes
the recommendations and safety plan at the time the child is colocated with the parent.
new text end

new text begin (b) An out-of-home placement plan under section 260C.212, subdivision 1, must be
completed no later than 30 days from when a child is colocated with a parent in a licensed
residential family-based substance use disorder treatment program. The written plan
developed with parent and treatment program staff in paragraph (a) may be updated and
must be incorporated into the out-of-home placement plan. The treatment program must be
provided with a copy of the child's out-of-home placement plan.
new text end

new text begin Subd. 3. new text end

new text begin Required reviews and permanency proceedings. new text end

new text begin (a) For a child colocated
with a parent under subdivision 1, court reviews must occur according to section 260C.202.
new text end

new text begin (b) If a child has been in foster care for six months, a court review under section 260C.202
may be conducted in lieu of a permanency progress review hearing under section 260C.204
when the child is colocated with a parent consistent with section 260C.503, subdivision 3,
paragraph (c), in a licensed residential family-based substance use disorder treatment
program.
new text end

new text begin (c) If the child is colocated with a parent in a licensed residential family-based substance
use disorder treatment program 12 months after the child was placed in foster care, the
agency must file a report with the court regarding the parent's progress in the treatment
program and the agency's reasonable efforts to finalize the child's safe and permanent return
to the care and custody of the parent consistent with section 260C.503, subdivision 3,
paragraph (c), in lieu of filing a petition required under section 260C.505.
new text end

new text begin (d) The court shall make findings regarding the reasonable efforts of the agency to
finalize the child's return home as the permanency disposition order in the child's best
interests. The court may continue the child's foster care placement colocated with a parent
in a licensed residential family-based substance use disorder treatment program for up to
12 months. When a child has been in foster care placement for 12 months, but the duration
of the colocation with a parent in a licensed residential family-based substance use disorder
treatment program is less than 12 months, the court may continue the colocation with the
total time spent in foster care not exceeding 15 out of the most recent 22 months. If the
court finds that the agency fails to make reasonable efforts to finalize the child's return home
as the permanency disposition order in the child's best interests, the court may order additional
efforts to support the child remaining in the care of the parent.
new text end

new text begin (e) If a parent leaves or is discharged from a licensed residential family-based substance
use disorder treatment program without completing the program, the child's placement under
this section is terminated and the agency may remove the child to foster care without a prior
court order or authorization. Within three days of any termination of a child's placement,
the agency shall notify the court and each party.
new text end

new text begin (f) If a parent leaves or is discharged from a licensed residential family-based substance
use disorder treatment program without completing the program and the child has been in
foster care for less than six months, the court must hold a review hearing within ten days
of receiving notice of a termination of a child's placement and must order an alternative
disposition under section 260C.201.
new text end

new text begin (g) If a parent leaves or is discharged from a licensed residential family-based substance
use disorder treatment program without completing the program and the child is colocated
with a parent and the child has been in foster care for more than six months but less than
12 months, the court must conduct a permanency progress review hearing under section
260C.204 no later than 30 days after the day the parent leaves or is discharged.
new text end

new text begin (h) If a parent leaves or is discharged from a licensed residential family-based substance
use disorder treatment program without completing the program and the child is colocated
with a parent and the child has been in foster care for more than 12 months, the court shall
begin permanency proceedings under sections 260C.503 to 260C.521.
new text end

Sec. 27.

Minnesota Statutes 2018, section 260C.201, subdivision 1, is amended to read:

Subdivision 1.

Dispositions.

(a) If the court finds that the child is in need of protection
or services or neglected and in foster care, it shall enter an order making any of the following
dispositions of the case:

(1) place the child under the protective supervision of the responsible social services
agency or child-placing agency in the home of a parent of the child under conditions
prescribed by the court directed to the correction of the child's need for protection or services:

(i) the court may order the child into the home of a parent who does not otherwise have
legal custody of the child, however, an order under this section does not confer legal custody
on that parent;

(ii) if the court orders the child into the home of a father who is not adjudicated, the
father must cooperate with paternity establishment proceedings regarding the child in the
appropriate jurisdiction as one of the conditions prescribed by the court for the child to
continue in the father's home; and

(iii) the court may order the child into the home of a noncustodial parent with conditions
and may also order both the noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or

(2) transfer legal custody to one of the following:

(i) a child-placing agency; or

(ii) the responsible social services agency. In making a foster care placement for a child
whose custody has been transferred under this subdivision, the agency shall make an
individualized determination of how the placement is in the child's best interests using the
consideration for relatives deleted text begin anddeleted text end new text begin ,new text end the best interest factors in section 260C.212, subdivision 2,
paragraph (b)new text begin , and may include a child colocated with a parent in a licensed residential
family-based substance use disorder treatment program under section 260C.190new text end ; or

(3) order a trial home visit without modifying the transfer of legal custody to the
responsible social services agency under clause (2). Trial home visit means the child is
returned to the care of the parent or guardian from whom the child was removed for a period
not to exceed six months. During the period of the trial home visit, the responsible social
services agency:

(i) shall continue to have legal custody of the child, which means the agency may see
the child in the parent's home, at school, in a child care facility, or other setting as the agency
deems necessary and appropriate;

(ii) shall continue to have the ability to access information under section 260C.208;

(iii) shall continue to provide appropriate services to both the parent and the child during
the period of the trial home visit;

(iv) without previous court order or authorization, may terminate the trial home visit in
order to protect the child's health, safety, or welfare and may remove the child to foster care;

(v) shall advise the court and parties within three days of the termination of the trial
home visit when a visit is terminated by the responsible social services agency without a
court order; and

(vi) shall prepare a report for the court when the trial home visit is terminated whether
by the agency or court order which describes the child's circumstances during the trial home
visit and recommends appropriate orders, if any, for the court to enter to provide for the
child's safety and stability. In the event a trial home visit is terminated by the agency by
removing the child to foster care without prior court order or authorization, the court shall
conduct a hearing within ten days of receiving notice of the termination of the trial home
visit by the agency and shall order disposition under this subdivision or deleted text begin conduct a permanency
hearing under subdivision 11 or 11adeleted text end new text begin commence permanency proceedings under sections
260C.503 to 260C.515new text end . The time period for the hearing may be extended by the court for
good cause shown and if it is in the best interests of the child as long as the total time the
child spends in foster care without a permanency hearing does not exceed 12 months;

(4) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a physical or mental
disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court
may order the child's parent, guardian, or custodian to provide it. The court may order the
child's health plan company to provide mental health services to the child. Section 62Q.535
applies to an order for mental health services directed to the child's health plan company.
If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment
or care, the court may order it provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the child's parent or guardian, the
court shall not transfer legal custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide the treatment or care. If the
court's order for mental health treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing professional not provide the treatment
to the child if it finds that such an order is in the child's best interests; or

(5) if the court believes that the child has sufficient maturity and judgment and that it is
in the best interests of the child, the court may order a child 16 years old or older to be
allowed to live independently, either alone or with others as approved by the court under
supervision the court considers appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional alternative for a child.

(b) If the child was adjudicated in need of protection or services because the child is a
runaway or habitual truant, the court may order any of the following dispositions in addition
to or as alternatives to the dispositions authorized under paragraph (a):

(1) counsel the child or the child's parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
the physical, mental, and moral well-being and behavior of the child;

(3) subject to the court's supervision, transfer legal custody of the child to one of the
following:

(i) a reputable person of good moral character. No person may receive custody of two
or more unrelated children unless licensed to operate a residential program under sections
245A.01 to 245A.16; or

(ii) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;

(4) require the child to pay a fine of up to $100. The court shall order payment of the
fine in a manner that will not impose undue financial hardship upon the child;

(5) require the child to participate in a community service project;

(6) order the child to undergo a chemical dependency evaluation and, if warranted by
the evaluation, order participation by the child in a drug awareness program or an inpatient
or outpatient chemical dependency treatment program;

(7) if the court believes that it is in the best interests of the child or of public safety that
the child's driver's license or instruction permit be canceled, the court may order the
commissioner of public safety to cancel the child's license or permit for any period up to
the child's 18th birthday. If the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to the child's 18th birthday. The
court shall forward an order issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a hearing for the period specified
by the court. At any time before the expiration of the period of cancellation or denial, the
court may, for good cause, order the commissioner of public safety to allow the child to
apply for a license or permit, and the commissioner shall so authorize;

(8) order that the child's parent or legal guardian deliver the child to school at the
beginning of each school day for a period of time specified by the court; or

(9) require the child to perform any other activities or participate in any other treatment
programs deemed appropriate by the court.

To the extent practicable, the court shall enter a disposition order the same day it makes
a finding that a child is in need of protection or services or neglected and in foster care, but
in no event more than 15 days after the finding unless the court finds that the best interests
of the child will be served by granting a delay. If the child was under eight years of age at
the time the petition was filed, the disposition order must be entered within ten days of the
finding and the court may not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.

(c) If a child who is 14 years of age or older is adjudicated in need of protection or
services because the child is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board or county attorney mediation
program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
birthday.

(d) In the case of a child adjudicated in need of protection or services because the child
has committed domestic abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
to provide an alternative safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.

(e) When a parent has complied with a case plan ordered under subdivision 6 and the
child is in the care of the parent, the court may order the responsible social services agency
to monitor the parent's continued ability to maintain the child safely in the home under such
terms and conditions as the court determines appropriate under the circumstances.

Sec. 28.

Minnesota Statutes 2018, section 260C.201, subdivision 2, is amended to read:

Subd. 2.

Written findings.

(a) Any order for a disposition authorized under this section
shall contain written findings of fact to support the disposition and case plan ordered and
shall also set forth in writing the following information:

(1) why the best interests and safety of the child are served by the disposition and case
plan ordered;

(2) what alternative dispositions or services under the case plan were considered by the
court and why such dispositions or services were not appropriate in the instant case;

(3) when legal custody of the child is transferred, the appropriateness of the particular
placement made or to be made by the placing agency using the factors in section 260C.212,
subdivision 2, paragraph (b)new text begin , or the appropriateness of a child colocated with a parent in a
licensed residential family-based substance use disorder treatment program under section
260C.190new text end ;

(4) whether reasonable efforts to finalize the permanent plan for the child consistent
with section 260.012 were made including reasonable efforts:

(i) to prevent the child's placement and to reunify the child with the parent or guardian
from whom the child was removed at the earliest time consistent with the child's safety.
The court's findings must include a brief description of what preventive and reunification
efforts were made and why further efforts could not have prevented or eliminated the
necessity of removal or that reasonable efforts were not required under section 260.012 or
260C.178, subdivision 1;

(ii) to identify and locate any noncustodial or nonresident parent of the child and to
assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to safely provide
day-to-day care of the child as required under section 260C.219, unless such services are
not required under section 260.012 or 260C.178, subdivision 1;

(iii) to make the diligent search for relatives and provide the notices required under
section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the
agency has made diligent efforts to conduct a relative search and has appropriately engaged
relatives who responded to the notice under section 260C.221 and other relatives, who came
to the attention of the agency after notice under section 260C.221 was sent, in placement
and case planning decisions fulfills the requirement of this item;

(iv) to identify and make a foster care placement in the home of an unlicensed relative,
according to the requirements of section 245A.035, a licensed relative, or other licensed
foster care provider who will commit to being the permanent legal parent or custodian for
the child in the event reunification cannot occur, but who will actively support the
reunification plan for the child; and

(v) to place siblings together in the same home or to ensure visitation is occurring when
siblings are separated in foster care placement and visitation is in the siblings' best interests
under section 260C.212, subdivision 2, paragraph (d); and

(5) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a mental disability or
emotional disturbance as defined in section 245.4871, subdivision 15, the written findings
shall also set forth:

(i) whether the child has mental health needs that must be addressed by the case plan;

(ii) what consideration was given to the diagnostic and functional assessments performed
by the child's mental health professional and to health and mental health care professionals'
treatment recommendations;

(iii) what consideration was given to the requests or preferences of the child's parent or
guardian with regard to the child's interventions, services, or treatment; and

(iv) what consideration was given to the cultural appropriateness of the child's treatment
or services.

(b) If the court finds that the social services agency's preventive or reunification efforts
have not been reasonable but that further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue the
removal of the child.

(c) If the child has been identified by the responsible social services agency as the subject
of concurrent permanency planning, the court shall review the reasonable efforts of the
agency to develop a permanency plan for the child that includes a primary plan which is
for reunification with the child's parent or guardian and a secondary plan which is for an
alternative, legally permanent home for the child in the event reunification cannot be achieved
in a timely manner.

Sec. 29.

Minnesota Statutes 2018, section 260C.201, subdivision 6, is amended to read:

Subd. 6.

Case plan.

(a) For each disposition ordered where the child is placed away
from a parent or guardian, the court shall order the responsible social services agency to
prepare a written out-of-home placement plan according to the requirements of section
260C.212, subdivision 1.new text begin When a foster child is colocated with a parent in a licensed
residential family-based substance use disorder treatment program under section 260C.190,
the case plan must specify the recommendation for the colocation before the child is colocated
with the parent.
new text end

(b) In cases where the child is not placed out of the home or is ordered into the home of
a noncustodial parent, the responsible social services agency shall prepare a plan for delivery
of social services to the child and custodial parent under section 626.556, subdivision 10,
or any other case plan required to meet the needs of the child. The plan shall be designed
to safely maintain the child in the home or to reunite the child with the custodial parent.

(c) The court may approve the case plan as presented or modify it after hearing from
the parties. Once the plan is approved, the court shall order all parties to comply with it. A
copy of the approved case plan shall be attached to the court's order and incorporated into
it by reference.

(d) A party has a right to request a court review of the reasonableness of the case plan
upon a showing of a substantial change of circumstances.

Sec. 30.

Minnesota Statutes 2018, section 260C.212, subdivision 2, is amended to read:

Subd. 2.

Placement decisions based on best interests of the child.

(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of how the selected placement
will serve the needs of the child being placed. The authorized child-placing agency shall
place a child, released by court order or by voluntary release by the parent or parents, in a
family foster home selected by considering placement with relatives and important friends
in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption; or

(2) with an individual who is an important friend with whom the child has resided or
had significant contact.

For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.

(b) Among the factors the agency shall consider in determining the needs of the child
are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's relationship to current caretakers, parents, siblings, and relatives;

(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and

(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a.

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is documented that a joint placement would be contrary to the safety or
well-being of any of the siblings or unless it is not possible after reasonable efforts by the
responsible social services agency. In cases where siblings cannot be placed together, the
agency is required to provide frequent visitation or other ongoing interaction between
siblings unless the agency documents that the interaction would be contrary to the safety
or well-being of any of the siblings.

(e) Except for emergency placement as provided for in section 245A.035, the following
requirements must be satisfied before the approval of a foster or adoptive placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child.

new text begin (f) The agency must determine whether colocation with a parent who is receiving services
in a licensed residential family-based substance use disorder treatment program is in the
child's best interests according to paragraph (b) and include that determination in the child's
case plan. The agency may consider additional factors not identified in paragraph (b). The
agency's determination must be documented in the child's case plan before the child is
colocated with a parent.
new text end

Sec. 31.

new text begin [260C.228] VOLUNTARY FOSTER CARE; CHILD IS COLOCATED
WITH PARENT IN TREATMENT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin When a parent requests assistance from an agency and both
the parent and agency agree that a child's placement in foster care and colocation with a
parent in a licensed residential family-based substance use treatment facility as defined by
section 260C.007, subdivision 22a, is in the child's best interests, the agency must specify
the recommendation for the placement in the child's case plan. After the child's case plan
includes the recommendation, the agency and the parent may enter into a written voluntary
placement agreement on a form approved by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Judicial review. new text end

new text begin (a) A judicial review of a child's voluntary placement is
required within 165 days of the date the voluntary agreement was signed. The agency
responsible for the child's placement in foster care shall request the judicial review.
new text end

new text begin (b) The agency must forward a written report to the court at least five business days
prior to the judicial review in paragraph (a). The report must contain:
new text end

new text begin (i) a statement regarding whether the colocation of the child with a parent in a licensed
residential family-based substance use disorder treatment program meets the child's needs
and continues to be in the child's best interests;
new text end

new text begin (ii) the child's name, dates of birth, race, gender, and current address;
new text end

new text begin (iii) the names, race, dates of birth, residences, and post office addresses of the child's
parents or custodian;
new text end

new text begin (iv) a statement regarding the child's eligibility for membership or enrollment in an
Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to
260.835;
new text end

new text begin (v) the name and address of the licensed residential family-based substance use disorder
treatment program where the child and parent or custodian are colocated;
new text end

new text begin (vi) a copy of the out-of-home placement plan under section 260C.212, subdivisions 1
and 3;
new text end

new text begin (vii) a written summary of the proceedings of any administrative review required under
section 260C.203; and
new text end

new text begin (viii) any other information the agency, parent or custodian, child, or licensed residential
family-based substance use disorder treatment program wants the court to consider.
new text end

new text begin (c) The agency must inform a child, if the child is 12 years of age or older; the child's
parent; and the licensed residential family-based substance use disorder treatment program
of the reporting and court review requirements of this section and of their rights to submit
information to the court as follows:
new text end

new text begin (1) if the child, the child's parent, or the licensed residential family-based substance use
disorder treatment program wants to send information to the court, the agency shall advise
those persons of the reporting date and the date by which the agency must receive the
information to submit to the court with the agency's report; and
new text end

new text begin (2) the agency must inform the child, the child's parent, and the licensed residential
family-based substance use disorder treatment program that they have the right to be heard
in person by the court. An in-person hearing must be held if requested by the child, parent
or legal guardian, or licensed residential family-based substance use disorder treatment
program.
new text end

new text begin (d) If, at the time required for the agency's report under this section, a child 12 years of
age or older disagrees about the placement colocating the child with the parent in a licensed
residential family-based substance use disorder treatment program or services provided
under the out-of-home placement plan under section 260C.212, subdivision 1, the agency
shall include information regarding the child's disagreement and to the extent possible the
basis for the child's disagreement in the report.
new text end

new text begin (e) Regardless of whether an in-person hearing is requested within ten days of receiving
the agency's report, the court has jurisdiction to and must determine:
new text end

new text begin (i) whether the voluntary foster care arrangement is in the child's best interests;
new text end

new text begin (ii) whether the parent and agency are appropriately planning for the child; and
new text end

new text begin (iii) if a child 12 years of age or older disagrees with the foster care placement colocating
the child with the parent in a licensed residential family-based substance use disorder
treatment program or services provided under the out-of-home placement plan, whether to
appoint counsel and a guardian ad litem for the child according to section 260C.163.
new text end

new text begin (f) Unless requested by the parent, representative of the licensed residential family-based
substance use disorder treatment program, or child, an in-person hearing is not required for
the court to make findings and issue an order.
new text end

new text begin (g) If the court finds the voluntary foster care arrangement is in the child's best interests
and that the agency and parent are appropriately planning for the child, the court shall issue
an order containing explicit individualized findings to support the court's determination.
The individual findings shall be based on the agency's written report and other materials
submitted to the court. The court may make this determination notwithstanding the child's
disagreement, if any, reported to the court under paragraph (d).
new text end

new text begin (h) The court shall send a copy of the order to the county attorney, the agency, the parent,
a child 12 years of age or older, and the licensed residential family-based substance use
disorder treatment program.
new text end

new text begin (i) If the court finds continuing the voluntary foster care arrangement is not in the child's
best interests or that the agency or the parent is not appropriately planning for the child, the
court shall notify the agency, the parent, the licensed residential family-based substance
use disorder treatment program, a child 12 years of age or older, and the county attorney of
the court's determination and the basis for the court's determination. The court shall set the
matter for hearing and appoint a guardian ad litem for the child under section 260C.163,
subdivision 5.
new text end

new text begin Subd. 3. new text end

new text begin Termination. new text end

new text begin The voluntary placement agreement terminates at the parent's
discharge from the licensed residential family-based substance use disorder treatment
program, or upon receipt of a written and dated request from the parent, unless the request
specifies a later date. If the child's voluntary foster care placement meets the calculated time
to require a permanency proceeding under section 260C.503, subdivision 3, paragraph (a),
and the child is not returned home, the agency must file a petition according to section
260C.141 or 260C.505.
new text end

Sec. 32.

Minnesota Statutes 2018, section 260C.452, subdivision 4, is amended to read:

Subd. 4.

Administrative or court review of placements.

(a) When the child is 14 years
of age or older, the court, in consultation with the child, shall review the independent living
plan according to section 260C.203, paragraph (d).

(b) The responsible social services agency shall file a copy of the notification required
in subdivision 3 with the court. If the responsible social services agency does not file the
notice by the time the child is 17-1/2 years of age, the court shall require the responsible
social services agency to file the notice.

(c) The court shall ensure that the responsible social services agency assists the child in
obtaining the following documents before the child leaves foster care: a Social Security
card; an official or certified copy of the child's birth certificate; a state identification card
or driver's license, tribal enrollment identification card, green card, or school visa; health
insurance information; the child's school, medical, and dental records; a contact list of the
child's medical, dental, and mental health providers; and contact information for the child's
siblings, if the siblings are in foster care.

(d) For a child who will be discharged from foster care at 18 years of age or older, the
responsible social services agency must develop a personalized transition plan as directed
by the child during the 90-day period immediately prior to the expected date of discharge.
The transition plan must be as detailed as the child elects and include specific options,
including but not limited to:

(1) affordable housing with necessary supports that does not include a homeless shelter;

(2) health insurance, including eligibility for medical assistance as defined in section
256B.055, subdivision 17;

(3) education, including application to the Education and Training Voucher Program;

(4) local opportunities for mentors and continuing support services, including the Healthy
Transitions and Homeless Prevention program, if available;

(5) workforce supports and employment services;

(6) a copy of the child's consumer credit report as defined in section 13C.001 and
assistance in interpreting and resolving any inaccuracies in the report, at no cost to the child;

(7) information on executing a health care directive under chapter 145C and on the
importance of designating another individual to make health care decisions on behalf of the
child if the child becomes unable to participate in decisions; deleted text begin and
deleted text end

(8) appropriate contact information through 21 years of age if the child needs information
or help dealing with a crisis situationdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (9) official documentation that the youth was previously in foster care.
new text end

Sec. 33.

Minnesota Statutes 2018, section 260C.503, subdivision 1, is amended to read:

Subdivision 1.

Required permanency proceedings.

new text begin (a) new text end Except for children in foster
care pursuant to chapter 260D, where the child is in foster care or in the care of a noncustodial
or nonresident parent, the court shall commence proceedings to determine the permanent
status of a child by holding the admit-deny hearing required under section 260C.507 not
later than 12 months after the child is placed in foster care or in the care of a noncustodial
or nonresident parent. Permanency proceedings for children in foster care pursuant to chapter
260D shall be according to section 260D.07.

new text begin (b) Permanency proceedings for a foster child who is colocated with a parent in a licensed
residential family-based substance use disorder treatment program shall be conducted
according to section 260C.190.
new text end

Sec. 34.

Minnesota Statutes 2018, section 518A.32, subdivision 3, is amended to read:

Subd. 3.

Parent not considered voluntarily unemployed, underemployed, or employed
on a less than full-time basis.

A parent is not considered voluntarily unemployed,
underemployed, or employed on a less than full-time basis upon a showing by the parent
that:

(1) the unemployment, underemployment, or employment on a less than full-time basis
is temporary and will ultimately lead to an increase in income;

(2) the unemployment, underemployment, or employment on a less than full-time basis
represents a bona fide career change that outweighs the adverse effect of that parent's
diminished income on the child; or

(3) the unemployment, underemployment, or employment on a less than full-time basis
is because a parent is physically or mentally incapacitated or due to incarcerationdeleted text begin , except
where the reason for incarceration is the parent's nonpayment of supportdeleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 35.

Minnesota Statutes 2018, section 518A.51, is amended to read:

518A.51 FEES FOR IV-D SERVICES.

(a) When a recipient of IV-D services is no longer receiving assistance under the state's
title IV-A, IV-E foster care, or medical assistance programs, the public authority responsible
for child support enforcement must notify the recipient, within five working days of the
notification of ineligibility, that IV-D services will be continued unless the public authority
is notified to the contrary by the recipient. The notice must include the implications of
continuing to receive IV-D services, including the available services and fees, cost recovery
fees, and distribution policies relating to fees.

(b) In the case of an individual who has never received assistance under a state program
funded under title IV-A of the Social Security Act and for whom the public authority has
collected at least deleted text begin $500deleted text end new text begin $550new text end of support, the public authority must impose an annual federal
collections fee of deleted text begin $25deleted text end new text begin $35new text end for each case in which services are furnished. This fee must be
retained by the public authority from support collected on behalf of the individual, but not
from the first deleted text begin $500deleted text end new text begin $550new text end collected.

(c) When the public authority provides full IV-D services to an obligee who has applied
for those services, upon written notice to the obligee, the public authority must charge a
cost recovery fee of two percent of the amount collected. This fee must be deducted from
the amount of the child support and maintenance collected and not assigned under section
256.741 before disbursement to the obligee. This fee does not apply to an obligee who:

(1) is currently receiving assistance under the state's title IV-A, IV-E foster care, or
medical assistance programs; or

(2) has received assistance under the state's title IV-A or IV-E foster care programs,
until the person has not received this assistance for 24 consecutive months.

(d) When the public authority provides full IV-D services to an obligor who has applied
for such services, upon written notice to the obligor, the public authority must charge a cost
recovery fee of two percent of the monthly court-ordered child support and maintenance
obligation. The fee may be collected through income withholding, as well as by any other
enforcement remedy available to the public authority responsible for child support
enforcement.

(e) Fees assessed by state and federal tax agencies for collection of overdue support
owed to or on behalf of a person not receiving public assistance must be imposed on the
person for whom these services are provided. The public authority upon written notice to
the obligee shall assess a fee of $25 to the person not receiving public assistance for each
successful federal tax interception. The fee must be withheld prior to the release of the funds
received from each interception and deposited in the general fund.

(f) Federal collections fees collected under paragraph (b) and cost recovery fees collected
under paragraphs (c) and (d) retained by the commissioner of human services shall be
considered child support program income according to Code of Federal Regulations, title
45, section 304.50, and shall be deposited in the special revenue fund account established
under paragraph (h). The commissioner of human services must elect to recover costs based
on either actual or standardized costs.

(g) The limitations of this section on the assessment of fees shall not apply to the extent
inconsistent with the requirements of federal law for receiving funds for the programs under
title IV-A and title IV-D of the Social Security Act, United States Code, title 42, sections
601 to 613 and United States Code, title 42, sections 651 to 662.

(h) The commissioner of human services is authorized to establish a special revenue
fund account to receive the federal collections fees collected under paragraph (b) and cost
recovery fees collected under paragraphs (c) and (d).

(i) The nonfederal share of the cost recovery fee revenue must be retained by the
commissioner and distributed as follows:

(1) one-half of the revenue must be transferred to the child support system special revenue
account to support the state's administration of the child support enforcement program and
its federally mandated automated system;

(2) an additional portion of the revenue must be transferred to the child support system
special revenue account for expenditures necessary to administer the fees; and

(3) the remaining portion of the revenue must be distributed to the counties to aid the
counties in funding their child support enforcement programs.

(j) The nonfederal share of the federal collections fees must be distributed to the counties
to aid them in funding their child support enforcement programs.

(k) The commissioner of human services shall distribute quarterly any of the funds
dedicated to the counties under paragraphs (i) and (j) using the methodology specified in
section 256.979, subdivision 11. The funds received by the counties must be reinvested in
the child support enforcement program and the counties must not reduce the funding of
their child support programs by the amount of the funding distributed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2019.
new text end

Sec. 36. new text begin INSTRUCTION TO COMMISSIONER.
new text end

new text begin All individuals in connection with a licensed children's residential facility required to
complete a background study under Minnesota Statutes, chapter 245C, must complete a
new background study consistent with the obligations and requirements of this article. The
commissioner of human services shall establish a schedule for (1) individuals in connection
with a licensed children's residential facility that serves children eligible to receive federal
Title IV-E funding to complete the new background study by March 1, 2020, and (2)
individuals in connection with a licensed children's residential facility that serves children
not eligible to receive federal Title IV-E funding to complete the new background study by
March 1, 2021.
new text end

Sec. 37. new text begin CHILD WELFARE TRAINING ACADEMY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin The commissioner of human services shall
modify the Child Welfare Training System developed pursuant to Minnesota Statutes,
section 626.5591, subdivision 2, according to this section. The new training framework
shall be known as the Child Welfare Training Academy.
new text end

new text begin Subd. 2. new text end

new text begin Administration. new text end

new text begin (a) The Child Welfare Training Academy must be administered
through five regional hubs in northwest, northeast, southwest, southeast, and central
Minnesota. Each hub must deliver training targeted to the needs of the hub's particular
region, taking into account varying demographics, resources, and practice outcomes.
new text end

new text begin (b) The Child Welfare Training Academy must use training methods best suited to the
training content. National best practices in adult learning must be used to the greatest extent
possible, including online learning methodologies, coaching, mentoring, and simulated skill
application.
new text end

new text begin (c) Content of training delivered by the Child Welfare Training Academy must be
informed using multidisciplinary approaches and must include input from stakeholders,
including but not limited to child welfare professionals, resource parents, biological parents
and caregivers, and other community members with expertise in child welfare racial
disparities and implicit bias. Content must be structured to reflect the variety of communities
served by the child welfare system in Minnesota and must be informed with attention to
both child safety and the evidence-based understanding that maintaining family relationships
and preventing out-of-home placement are essential to child well-being. Training delivered
by the Child Welfare Training Academy must emphasize racial disparities and
disproportionate child welfare outcomes that exist in Minnesota and must include specific
content on recognizing and addressing implicit bias.
new text end

new text begin (d) Each child welfare worker and supervisor must complete a certification, including
a competency-based knowledge test and a skills demonstration, at the completion of the
worker's or supervisor's initial training and biennially thereafter. The commissioner shall
develop ongoing training requirements and a method for tracking certifications.
new text end

new text begin (e) The Child Welfare Training Academy must serve the primary training audiences of
(1) county and tribal child welfare workers, (2) county and tribal child welfare supervisors,
and (3) staff at private agencies providing out-of-home placement services for children
involved in Minnesota's county and tribal child welfare system.
new text end

new text begin Subd. 3. new text end

new text begin Partnerships. new text end

new text begin The commissioner of human services shall enter into a partnership
with the University of Minnesota to collaborate in the administration of workforce training.
new text end

new text begin Subd. 4. new text end

new text begin Rulemaking. new text end

new text begin The commissioner of human services may adopt rules as necessary
to establish the Child Welfare Training Academy.
new text end

Sec. 38. new text begin CHILD WELFARE CASELOAD STUDY.
new text end

new text begin (a) The commissioner of human services shall conduct a child welfare caseload study
to collect data on (1) the number of child welfare workers in Minnesota, and (2) the amount
of time that child welfare workers spend on different components of child welfare work.
The study must be completed by October 1, 2020.
new text end

new text begin (b) The commissioner shall report the results of the child welfare caseload study to the
governor and to the chairs and ranking minority members of the committees in the house
of representatives and senate with jurisdiction over human services by December 1, 2020.
new text end

new text begin (c) After the child welfare caseload study is complete, the commissioner shall work with
counties and other stakeholders to develop a process for ongoing monitoring of child welfare
workers' caseloads.
new text end

Sec. 39. new text begin DIRECTION TO COMMISSIONER; HOMELESS YOUTH ACCESS TO
BIRTH RECORDS AND MINNESOTA IDENTIFICATION CARDS.
new text end

new text begin No later than January 15, 2020, the commissioner of human services, in consultation
with the commissioners of health and public safety, shall report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over the
Homeless Youth Act with recommendations on providing homeless youth with access to
birth records and Minnesota identification cards at no cost.
new text end

Sec. 40. new text begin DIRECTION TO COMMISSIONER; FAMILY FIRST PREVENTION
KINSHIP SERVICES.
new text end

new text begin The commissioner of human services shall review opportunities to implement kinship
navigator models that support placement of children with relative foster parents in anticipation
of reimbursement for eligible services under the Family First Prevention Services Act.
Kinship navigator models would assist relative foster parents with home studies and licensing
requirements and provide ongoing support to the relative caregivers and children in
out-of-home placement with relatives.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 41. new text begin DIRECTION TO COMMISSIONER; RELATIVE SEARCH.
new text end

new text begin The commissioner of human services shall develop and provide guidance to assist local
social services agencies in conducting relative searches under Minnesota Statutes, section
260C.221. The commissioner shall issue a bulletin containing relative search guidance by
January 1, 2020. Guidance from the commissioner shall relate to:
new text end

new text begin (1) easily understandable methods of relative notification;
new text end

new text begin (2) resources for local social services agency child welfare staff to improve engagement
and communication with relatives and kin; and
new text end

new text begin (3) providing information to relatives and kin about all permanency options, sustaining
relationships, visitation options, and supporting permanency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 42. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with the Department of Human Services, House
Research Department, and Senate Counsel, Research and Fiscal Analysis shall change the
terms "food support" and "food stamps" to "Supplemental Nutrition Assistance Program"
or "SNAP" in Minnesota Statutes when appropriate. The revisor may make technical and
other necessary changes to sentence structure to preserve the meaning of the text.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 43. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 119B.16, subdivision 2; and 245E.06, subdivisions
2, 4, and 5, new text end new text begin and new text end new text begin Minnesota Rules, part 3400.0185, subpart 5, new text end new text begin are repealed effective February
26, 2021.
new text end

HF 14

Bill Text Versions

Current Version - as introduced

ARTICLE 1

CHILDREN AND FAMILIES

Section 1.

new text begin Subd. 13b. new text end

new text begin Homeless. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 2.

Subd. 19.

Provider.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

Subd. 20.

Transition year families.

new text begin EFFECTIVE DATE. new text end

Sec. 4.

Subd. 7.

Child care market rate survey.

new text begin EFFECTIVE DATE. new text end

Sec. 5.

Subdivision 1.

Applications.

new text begin EFFECTIVE DATE. new text end

Sec. 6.

new text begin Subd. 5. new text end

new text begin Information to applicants; child care fraud. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 7.

Subd. 9.

Portability pool.

new text begin EFFECTIVE DATE. new text end

Sec. 8.

Subdivision 1.

General eligibility requirements.

new text begin EFFECTIVE DATE. new text end

Sec. 9.

Subd. 2.

Maintain steady child care authorizations.

new text begin EFFECTIVE DATE. new text end

Sec. 10.

new text begin Subd. 3. new text end

new text begin Assistance for persons who are homeless. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 11.

Subdivision 1.

Fair hearing allowednew text begin for applicants and recipientsnew text end .

new text begin EFFECTIVE DATE. new text end

Sec. 12.

Subd. 1a.

Fair hearing allowed for providers.

new text begin EFFECTIVE DATE. new text end

Sec. 13.

Subd. 1b.

Joint fair hearings.

new text begin EFFECTIVE DATE. new text end

Sec. 14.

new text begin Subd. 1c. new text end

new text begin Notice to providers. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 15.

new text begin Subd. 3. new text end

new text begin Fair hearing stayed. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 16.

new text begin Subd. 4. new text end

new text begin Final department action. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 17.

new text begin [119B.161] ADMINISTRATIVE REVIEW. new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin Subd. 4. new text end

new text begin Good cause exception. new text end

new text begin EFFECTIVE DATE. new text end

new text begin [119B.161] ADMINISTRATIVE REVIEW.
new text end

new text begin Licensed residential family-based substance use disorder treatment
program. new text end

new text begin [260C.190] FAMILY-FOCUSED RESIDENTIAL PLACEMENT.
new text end

new text begin [260C.228] VOLUNTARY FOSTER CARE; CHILD IS COLOCATED
WITH PARENT IN TREATMENT PROGRAM.
new text end

Parent not considered voluntarily unemployed, underemployed, or employed
on a less than full-time basis.

Sec. 36. new text begin INSTRUCTION TO COMMISSIONER.
new text end

Sec. 37. new text begin CHILD WELFARE TRAINING ACADEMY.
new text end