3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/21/2023 09:11am
A bill for an act
relating to children; modifying provisions on child care, child safety and
permanency, child support, licensing, economic assistance, and homelessness;
making forecast adjustments; requiring reports; appropriating money; amending
Minnesota Statutes 2022, sections 4.045; 10.65, subdivision 2; 15.01; 15.06,
subdivision 1; 15A.0815, subdivision 2; 43A.08, subdivision 1a; 119B.011,
subdivisions 2, 3, 5, 13, 15, 19a; 119B.02, subdivision 4; 119B.025, subdivision
4; 119B.03, subdivisions 3, 4, 4a; 119B.05, subdivision 1; 119B.09, subdivision
7; 119B.095, subdivisions 2, 3; 119B.10, subdivisions 1, 3; 119B.105, subdivision
2; 119B.125, subdivisions 1, 1a, 1b, 2, 3, 4, 6, 7; 119B.13, subdivisions 1, 4, 6;
119B.16, subdivisions 1a, 1c, 3; 119B.161, subdivisions 2, 3; 119B.19, subdivision
7; 124D.142, subdivision 2; 145.4716, subdivision 3; 168B.07, subdivision 3;
245.095; 245A.02, subdivisions 2c, 6b, by adding a subdivision; 245A.03,
subdivision 2; 245A.04, subdivision 4; 245A.05; 245A.06, subdivision 1; 245A.07,
subdivisions 1, 3; 245A.11, by adding a subdivision; 245A.14, subdivision 4;
245A.1435; 245A.146, subdivision 3; 245A.16, subdivisions 1, 9, by adding a
subdivision; 245A.18, subdivision 2; 245A.22, by adding a subdivision; 245A.50,
subdivisions 3, 4, 5, 6, 9; 245A.52, subdivisions 1, 3, 5, by adding a subdivision;
245A.66, by adding a subdivision; 245C.04, subdivision 1; 245C.05, subdivision
4; 245C.17, subdivision 6; 245C.23, subdivision 2; 245E.06, subdivision 3;
245G.13, subdivision 2; 245H.01, subdivision 5; 245H.02; 245H.03, by adding a
subdivision; 245H.05; 245H.08, subdivisions 4, 5; 245H.13, subdivisions 3, 7;
256.014, subdivisions 1, 2; 256.046, subdivisions 1, 3; 256.98, subdivision 8;
256.983, subdivision 5; 256.987, subdivision 4; 256D.03, by adding a subdivision;
256D.63, subdivision 2; 256E.34, subdivision 4; 256E.35, subdivisions 1, 2, 3, 4a,
6, 7; 256I.03, subdivision 13; 256I.06, subdivisions 6, 8, by adding a subdivision;
256J.01, subdivision 1; 256J.02, subdivision 2; 256J.08, subdivisions 65, 71, 79;
256J.09, subdivision 10; 256J.11, subdivision 1; 256J.21, subdivisions 3, 4; 256J.33,
subdivisions 1, 2; 256J.35; 256J.37, subdivisions 3, 3a; 256J.40; 256J.42,
subdivision 5; 256J.425, subdivisions 1, 4, 5, 7; 256J.46, subdivisions 1, 2, 2a;
256J.49, subdivision 9; 256J.50, subdivision 1; 256J.521, subdivision 1; 256J.621,
subdivision 1; 256J.626, subdivisions 2, 3; 256J.751, subdivision 2; 256K.45,
subdivisions 3, 7, by adding a subdivision; 256N.24, subdivision 12; 256P.01, by
adding a subdivision; 256P.02, subdivision 2, by adding a subdivision; 256P.04,
subdivisions 4, 8; 256P.06, subdivision 3; 256P.07, subdivisions 1, 2, 3, 4, 6, 7,
by adding subdivisions; 260.761, subdivision 2, as amended; 260C.007, subdivision
14; 260C.221, subdivision 1; 260C.317, subdivision 3; 260C.451, by adding
subdivisions; 260C.704; 260C.708; 260C.80, subdivision 1; 260E.01; 260E.02,
subdivision 1; 260E.03, subdivision 22, by adding subdivisions; 260E.14,
subdivisions 2, 5; 260E.17, subdivision 1; 260E.18; 260E.20, subdivision 2;
260E.24, subdivisions 2, 7; 260E.33, subdivision 1; 260E.35, subdivision 6;
261.063; 514.972, subdivision 5; 518A.31; 518A.32, subdivisions 3, 4; 518A.34;
518A.41; 518A.42, subdivisions 1, 3; 518A.43, subdivision 1b; 518A.65; 518A.77;
proposing coding for new law in Minnesota Statutes, chapters 119B; 245A; 256;
256E; 256K; 256P; 260; proposing coding for new law as Minnesota Statutes,
chapters 119C; 143; repealing Minnesota Statutes 2022, sections 119B.011,
subdivision 10a; 119B.03, subdivision 4; 245C.11, subdivision 3; 256.8799;
256.9864; 256D.63, subdivision 1; 256J.08, subdivisions 10, 24b, 53, 61, 62, 81,
83; 256J.30, subdivisions 5, 7, 8; 256J.33, subdivisions 3, 4, 5; 256J.34,
subdivisions 1, 2, 3, 4; 256J.37, subdivision 10; 256J.425, subdivision 6; 256J.95,
subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19; 256P.07,
subdivision 5; 518A.59.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 119B.011, subdivision 2, is amended to read:
"Child care fund applicants" means all parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end legal
guardiansdeleted text begin , ordeleted text end new text begin ;new text end eligible relative caregivers deleted text begin who aredeleted text end new text begin ; relative custodians who accepted a transfer
of permanent legal and physical custody of a child under section 260C.515, subdivision 4,
or similar permanency disposition in Tribal code; successor custodians or guardians as
established by section 256N.22, subdivision 10; or foster parents providing care to a child
placed in a family foster home under section 260C.007, subdivision 16b. Applicants must
benew text end members of the family and reside in the household that applies for child care assistance
under the child care fund.
new text begin
This section is effective August 25, 2024.
new text end
Minnesota Statutes 2022, section 119B.011, subdivision 5, is amended to read:
"Child care" means the care of a child by someone other than a
parentdeleted text begin ,deleted text end new text begin ;new text end stepparentdeleted text begin ,deleted text end new text begin ;new text end legal guardiandeleted text begin ,deleted text end new text begin ;new text end eligible relative caregiverdeleted text begin ,deleted text end new text begin ; relative custodian who
accepted a transfer of permanent legal and physical custody of a child under section
260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor
custodian or guardian as established according to section 256N.22, subdivision 10; foster
parent providing care to a child placed in a family foster home under section 260C.007,
subdivision 16b;new text end or deleted text begin the spousesdeleted text end new text begin spousenew text end of any of the foregoing in or outside the child's own
home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
new text begin
This section is effective August 25, 2024.
new text end
Minnesota Statutes 2022, section 119B.011, subdivision 13, is amended to read:
"Family" means parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end guardians and their spousesdeleted text begin ,
ordeleted text end new text begin ;new text end other eligible relative caregivers and their spousesdeleted text begin ,deleted text end new text begin ; relative custodians who accepted a
transfer of permanent legal and physical custody of a child under section 260C.515,
subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor
custodians or guardians as established by section 256N.22, subdivision 10, and their spouses;
foster parents providing care to a child placed in a family foster home under section
260C.007, subdivision 16b, and their spouses;new text end and deleted text begin their blood relateddeleted text end new text begin the blood-relatednew text end
dependent children and adoptive siblings under the age of 18 years living in the same home
deleted text begin includingdeleted text end new text begin as any of the above. Family includesnew text end children temporarily absent from the
household in settings such as schools, foster care, and residential treatment facilities deleted text begin or
parents, stepparents, guardians and their spouses, or other relative caregivers and their
spousesdeleted text end new text begin and adultsnew text end temporarily absent from the household in settings such as schools, military
service, or rehabilitation programs. An adult family member who is not in an authorized
activity under this chapter may be temporarily absent for up to 60 days. When a minor
parent or parents and his, her, or their child or children are living with other relatives, and
the minor parent or parents apply for a child care subsidy, "family" means only the minor
parent or parents and their child or children. An adult age 18 or older who meets this
definition of family and is a full-time high school or postsecondary student may be considered
a dependent member of the family unit if 50 percent or more of the adult's support is provided
by the parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end guardiansnew text begin and their spouses; relative custodians who accepted
a transfer of permanent legal and physical custody of a child under section 260C.515,
subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor
custodians or guardians as established by section 256N.22, subdivision 10, and their spouses;
foster parents providing care to a child placed in a family foster home under section
260C.007, subdivision 16bnew text end , and their spousesnew text begin ;new text end or eligible relative caregivers and their spouses
residing in the same household.
new text begin
This section is effective August 25, 2024.
new text end
Minnesota Statutes 2022, section 119B.011, subdivision 19a, is amended to read:
"Registration" means the process used by deleted text begin a countydeleted text end new text begin the
commissionernew text end to determine whether the provider selected by a family applying for or
receiving child care assistance to care for that family's children meets the requirements
necessary for payment of child care assistance for care provided by that provider.new text begin The
commissioner shall create a process for statewide registration by April 28, 2025.
new text end
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.03, subdivision 4a, is amended to read:
(a) deleted text begin Notwithstanding
subdivision 4deleted text end new text begin In the event that inadequate funding necessitates the use of waiting listsnew text end ,
priority for child care assistance under the basic sliding fee assistance program shall be
determined according to this subdivision deleted text begin beginning July 1, 2021, through May 31, 2024deleted text end .
(b) First priority must be given to eligible non-MFIP families who do not have a high
school diploma or commissioner of education-selected high school equivalency certification
or who need remedial and basic skill courses in order to pursue employment or to pursue
education leading to employment and who need child care assistance to participate in the
education program. This includes student parents as defined under section 119B.011,
subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(c) Second priority must be given to families in which at least one parent is a veteran,
as defined under section 197.447.
(d) Third priority must be given to eligible families who do not meet the specifications
of paragraph (b), (c), (e), or (f).
(e) Fourth priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.
(f) Fifth priority must be given to eligible families receiving services under section
119B.011, subdivision 20a, if the parents have completed their MFIP or DWP transition
year, or if the parents are no longer receiving or eligible for DWP supports.
(g) Families under paragraph (f) must be added to the basic sliding fee waiting list on
the date they complete their transition year under section 119B.011, subdivision 20.
Minnesota Statutes 2022, section 119B.05, subdivision 1, is amended to read:
Families eligible for child care assistance under
the MFIP child care program are:
(1) MFIP participants who are employed or in job search and meet the requirements of
section 119B.10;
(2) persons who are members of transition year families under section 119B.011,
subdivision 20, and meet the requirements of section 119B.10;
(3) families who are participating in employment orientation or job search, or other
employment or training activities that are included in an approved employability development
plan under section 256J.95;
(4) MFIP families who are participating in work job search, job support, employment,
or training activities as required in their employment plan, or in appeals, hearings,
assessments, or orientations according to chapter 256J;
(5) MFIP families who are participating in social services activities under chapter 256J
as required in their employment plan approved according to chapter 256J;
(6) families who are participating in services or activities that are included in an approved
family stabilization plan under section 256J.575;
new text begin
(7) MFIP child-only families under section 256J.88, for up to 20 hours of child care per
week for children ages six and under, as recommended by the treating mental health
professional, when the child's primary caregiver has a diagnosis of a mental illness;
new text end
deleted text begin (7)deleted text end new text begin (8)new text end families who are participating in programs as required in tribal contracts under
section 119B.02, subdivision 2, or 256.01, subdivision 2;
deleted text begin (8)deleted text end new text begin (9)new text end families who are participating in the transition year extension under section
119B.011, subdivision 20a;
deleted text begin (9)deleted text end new text begin (10)new text end student parents as defined under section 119B.011, subdivision 19b; and
deleted text begin (10)deleted text end new text begin (11)new text end student parents who turn 21 years of age and who continue to meet the other
requirements under section 119B.011, subdivision 19b. A student parent continues to be
eligible until the student parent is approved for basic sliding fee child care assistance or
until the student parent's redetermination, whichever comes first. At the student parent's
redetermination, if the student parent was not approved for basic sliding fee child care
assistance, a student parent's eligibility ends following a 15-day adverse action notice.
Minnesota Statutes 2022, section 119B.125, subdivision 1, is amended to read:
deleted text begin A county ordeleted text end The commissioner must authorize the provider
chosen by an applicant or a participant before the county can authorize payment for care
provided by that provider. The commissioner must establish the requirements necessary for
authorization of providers. A provider must be reauthorized every two years. deleted text begin A legal,
nonlicensed family child care provider also must be reauthorized when another person over
the age of 13 joins the household, a current household member turns 13, or there is reason
to believe that a household member has a factor that prevents authorization. The provider
is required to report all family changes that would require reauthorization. When a provider
has been authorized for payment for providing care for families in more than one county,
the county responsible for reauthorization of that provider is the county of the family with
a current authorization for that provider and who has used the provider for the longest length
of time.
deleted text end
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.125, subdivision 1a, is amended to read:
new text begin (a) new text end This subdivision only applies to legal,
nonlicensed family child care providers.
new text begin (b) new text end Prior to authorization, deleted text begin and as part of each reauthorization required in subdivision 1,
the countydeleted text end new text begin the commissionernew text end shall perform a background study on deleted text begin every member of the
provider's household who is age 13 and older. The county shall also perform a background
study on an individual who has reached age ten but is not yet age 13 and is living in the
household where the nonlicensed child care will be provided when the county has reasonable
cause as defined under section 245C.02, subdivision 15deleted text end new text begin individuals identified under section
245C.02, subdivision 6anew text end .
new text begin
(c) After authorization, a background study shall also be performed when an individual
identified under section 245C.02, subdivision 6a, joins the household. The provider must
report all family changes that would require a new background study.
new text end
new text begin
(d) At each reauthorization, the commissioner must ensure that a background study
through NETStudy 2.0 has been performed on all individuals in the provider's household
for whom a background study is required under paragraphs (b) and (c).
new text end
new text begin
(e) Prior to a background study through NETStudy 2.0 expiring, another background
study must be completed on all individuals for whom the background study is expiring.
new text end
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.125, subdivision 1b, is amended to read:
(a) deleted text begin Effective November 1, 2011,deleted text end Prior to initial
authorization as required in subdivision 1, a legal nonlicensed family child care provider
must complete first aid and CPR training and provide the verification of first aid and CPR
training to the deleted text begin countydeleted text end new text begin commissionernew text end . The training documentation must have valid effective
dates as of the date the registration request is submitted to the deleted text begin countydeleted text end new text begin commissionernew text end . The
training must have been provided by an individual approved to provide first aid and CPR
instruction and have included CPR techniques for infants and children.
deleted text begin
(b) Legal nonlicensed family child care providers with an authorization effective before
November 1, 2011, must be notified of the requirements before October 1, 2011, or at
authorization, and must meet the requirements upon renewal of an authorization that occurs
on or after January 1, 2012.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Upon each reauthorization after the authorization period when the initial first aid
and CPR training requirements are met, a legal nonlicensed family child care provider must
provide verification of at least eight hours of additional training listed in the Minnesota
Center for Professional Development Registry.
deleted text begin (d)deleted text end new text begin (c)new text end This subdivision only applies to legal nonlicensed family child care providers.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.125, subdivision 2, is amended to read:
(a) The provider seeking authorization
under this section shall collect the information required under section 245C.05deleted text begin , subdivision
1,deleted text end and forward the information to the deleted text begin county agencydeleted text end new text begin commissionernew text end . The background study
must include a review of the information required under section 245C.08, deleted text begin subdivisions 2,deleted text end new text begin
subdivisionnew text end 3deleted text begin , and 4, paragraph (b)deleted text end .
new text begin (b)new text end A new text begin legal new text end nonlicensed family child care provider is not authorized under this section
ifnew text begin the commissioner determines thatnew text end any household member who is the subject of a
background studynew text begin :
new text end
new text begin (1)new text end is deleted text begin determined to have a disqualifying characteristic under paragraphs (b) to (e) or
under section 245C.14 or 245C.15. If a county has determined that a provider is able to be
authorized in that county, and a family in another county later selects that provider, the
provider is able to be authorized in the second county without undergoing a new background
investigation unless one of the following conditions exists:deleted text end new text begin disqualified from direct contact
with, or from access to, persons served by the program and that disqualification has not
been set aside or a variance has not been granted under chapter 245C;
new text end
deleted text begin
(1) two years have passed since the first authorization;
deleted text end
deleted text begin
(2) another person age 13 or older has joined the provider's household since the last
authorization;
deleted text end
deleted text begin
(3) a current household member has turned 13 since the last authorization; or
deleted text end
deleted text begin
(4) there is reason to believe that a household member has a factor that prevents
authorization.
deleted text end
deleted text begin (b) the persondeleted text end new text begin (2)new text end has refused to give written consent for disclosure of criminal history
recordsdeleted text begin .deleted text end new text begin ;
new text end
deleted text begin (c) the persondeleted text end new text begin (3)new text end has been denied a family child care license deleted text begin or has received a fine or
a sanction as a licensed child care provider that has not been reversed on appeal.deleted text end new text begin ;
new text end
deleted text begin (d) the persondeleted text end new text begin (4)new text end has a family child care licensing disqualification that has not been set
asidedeleted text begin .deleted text end new text begin ; or
new text end
deleted text begin (e) the persondeleted text end new text begin (5)new text end has admitted or a county has found that there is a preponderance of
evidence that fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for payment.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.125, subdivision 3, is amended to read:
When deleted text begin a countydeleted text end new text begin the commissionernew text end denies a person
authorization as a legal nonlicensed family child care provider under subdivision 2, the
deleted text begin countydeleted text end new text begin commissionernew text end later may authorize that person as a provider if the following conditions
are met:
(1) after receiving notice of the denial of the authorization, the person applies for and
obtains a valid child care license issued under chapter 245A, issued by a tribe, or issued by
another state;
(2) the person maintains the valid child care license; and
(3) the person is providing child care in the state of licensure or in the area under the
jurisdiction of the licensing tribe.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.125, subdivision 4, is amended to read:
deleted text begin A countydeleted text end new text begin (a) The commissionernew text end may deny authorization as a child
care provider to any applicant or rescind authorization of any provider when deleted text begin thedeleted text end new text begin anew text end county
new text begin or commissioner new text end knows or has reason to believe that the provider is unsafe or that the
circumstances of the chosen child care arrangement are unsafenew text begin , based on statewide criteria
developed by the commissionernew text end . deleted text begin The county must include the conditions under which a
provider or care arrangement will be determined to be unsafe in the county's child care fund
plan under section 119B.08, subdivision 3
deleted text end
new text begin (b) The commissioner shall develop and introduce statewide criteria for unsafe carenew text end .
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.125, subdivision 6, is amended to read:
(a) As a condition of payment, all providers
receiving child care assistance payments must:
(1) keep accurate and legible daily attendance records at the site where services are
delivered for children receiving child care assistance; and
(2) make those records available immediately to the county or the commissioner upon
request. Any records not provided to a county or the commissioner at the date and time of
the request are deemed inadmissible if offered as evidence by the provider in any proceeding
to contest an overpayment or disqualification of the provider.
(b) As a condition of payment, attendance records must be completed daily and include
the date, the first and last name of each child in attendance, and the times when each child
is dropped off and picked up. To the extent possible, the times that the child was dropped
off to and picked up from the child care provider must be entered by the person dropping
off or picking up the child. The daily attendance records must be retained at the site where
services are delivered for six years after the date of service.
(c) deleted text begin A county or the commissioner may deny or revoke a provider's authorization to
receive child care assistance payments under section 119B.13, subdivision 6, paragraph (d),
pursue a fraud disqualification under section 256.98, take an action against the provider
under chapter deleted text end deleted text begin 245Edeleted text end deleted text begin , or establish an attendance record overpayment under paragraph (d)
against a current or former provider,deleted text end When the county or the commissioner knows or has
reason to believe that deleted text begin thedeleted text end new text begin a current or formernew text end provider has not complied with the
record-keeping requirement in this subdivisiondeleted text begin .deleted text end new text begin :
new text end
new text begin
(1) the commissioner may:
new text end
new text begin
(i) deny or revoke a provider's authorization to receive child care assistance payments
under section 119B.13, subdivision 6, paragraph (d);
new text end
new text begin
(ii) pursue an administrative disqualification under sections 256.046, subdivision 3, and
256.98; or
new text end
new text begin
(iii) take an action against the provider under chapter 245E; or
new text end
new text begin
(2) a county or the commissioner may establish an attendance record overpayment under
paragraph (d).
new text end
(d) To calculate an attendance record overpayment under this subdivision, the
commissioner or county agency shall subtract the maximum daily rate from the total amount
paid to a provider for each day that a child's attendance record is missing, unavailable,
incomplete, inaccurate, or otherwise inadequate.
(e) The commissioner shall develop criteria for a county to determine an attendance
record overpayment under this subdivision.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.125, subdivision 7, is amended to read:
(a) In establishing
an overpayment claim for failure to provide attendance records in compliance with
subdivision 6, the county or commissioner is limited to the six years prior to the date the
county or the commissioner requested the attendance records.
(b) The commissioner new text begin or county new text end may periodically audit child care providers to determine
compliance with subdivision 6.
(c) When the commissioner or county establishes an overpayment claim against a current
or former provider, the commissioner or county must provide notice of the claim to the
provider. A notice of overpayment claim must specify the reason for the overpayment, the
authority for making the overpayment claim, the time period in which the overpayment
occurred, the amount of the overpayment, and the provider's right to appeal.
(d) The commissioner or county shall seek to recoup or recover overpayments paid to
a current or former provider.
(e) When a provider has been disqualified or convicted of fraud under section 256.98,
theft under section 609.52, or a federal crime relating to theft of state funds or fraudulent
billing for a program administered by the commissioner or a county, recoupment or recovery
must be sought regardless of the amount of overpayment.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.13, subdivision 1, is amended to read:
(a) Beginning deleted text begin November 15, 2021deleted text end new text begin October 30,
2023new text end , the maximum rate paid for child care assistance in any county or county price cluster
under the child care fund shall bedeleted text begin :
deleted text end
deleted text begin (1) for all infants and toddlers,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the 2021 child
care provider rate survey or the rates in effect at the time of the updatedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) for all preschool and school-age children, the greater of the 30th percentile of the
2021 child care provider rate survey or the rates in effect at the time of the update.
deleted text end
(b) Beginning the first full service period on or after January 1, 2025, new text begin and every three
years thereafter, new text end the maximum rate paid for child care assistance in a county or county price
cluster under the child care fund shall bedeleted text begin :
deleted text end
deleted text begin (1) for all infants and toddlers,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the deleted text begin 2024deleted text end new text begin most
recentnew text end child care provider rate survey or the rates in effect at the time of the updatedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) for all preschool and school-age children, the greater of the 30th percentile of the
2024 child care provider rate survey or the rates in effect at the time of the update.
deleted text end
The rates under paragraph (a) continue until the rates under this paragraph go into effect.
(c) For a child care provider located within the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child
care assistance shall be equal to the maximum rate paid in the county with the highest
maximum reimbursement rates or the provider's charge, whichever is less. The commissioner
may: (1) assign a county with no reported provider prices to a similar price cluster; and (2)
consider county level access when determining final price clusters.
(d) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.
(e) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.
(f) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.
(g) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:
(1) the daily rate for one day of care;
(2) the weekly rate for one week of care by the child's primary provider; and
(3) two daily rates during two weeks of care by a child's secondary provider.
(h) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.
(i) If the provider charge is greater than the maximum provider rate allowed, the parent
is responsible for payment of the difference in the rates in addition to any family co-payment
fee.
(j) new text begin Beginning October 30, 2023, new text end the maximum registration fee paid for child care
assistance in any county or county price cluster under the child care fund shall be deleted text begin set as
follows: (1) beginning November 15, 2021,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the
deleted text begin 2021deleted text end new text begin most recentnew text end child care provider rate survey or the registration fee in effect at the time
of the updatedeleted text begin ; and (2) beginning the first full service period on or after January 1, 2025, the
maximum registration fee shall be the greater of the 40th percentile of the 2024 child care
provider rate survey or the registration fee in effect at the time of the update. The registration
fees under clause (1) continue until the registration fees under clause (2) go into effectdeleted text end .
(k) Maximum registration fees must be set for licensed family child care and for child
care centers. For a child care provider located in the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee paid
for child care assistance shall be equal to the maximum registration fee paid in the county
with the highest maximum registration fee or the provider's charge, whichever is less.
Minnesota Statutes 2022, section 119B.13, subdivision 4, is amended to read:
Child care providers receiving
reimbursement under this chapter may not charge a rate to clients receiving assistance under
this chapter that is higher than the private, full-paying client rate.new text begin This subdivision shall not
prohibit a child care provider receiving reimbursement under this chapter from providing
discounts, scholarships, or other financial assistance to any clients.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 119B.13, subdivision 6, is amended to read:
(a) A provider shall bill only for services documented
according to section 119B.125, subdivision 6. The provider shall bill for services provided
within ten days of the end of the service period. Payments under the child care fund shall
be made within 21 days of receiving a complete bill from the provider. Counties or the state
may establish policies that make payments on a more frequent basis.
(b) If a provider has received an authorization of care and been issued a billing form for
an eligible family, the bill must be submitted within 60 days of the last date of service on
the bill. A bill submitted more than 60 days after the last date of service must be paid if the
county determines that the provider has shown good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 119B.08, subdivision 3, and the definition of good cause must include county error.
Any bill submitted more than a year after the last date of service on the bill must not be
paid.
(c) If a provider provided care for a time period without receiving an authorization of
care and a billing form for an eligible family, payment of child care assistance may only be
made retroactively for a maximum of three months from the date the provider is issued an
authorization of care and a billing form. For a family at application, if a provider provided
child care during a time period without receiving an authorization of care and a billing form,
a county may only make child care assistance payments to the provider retroactively from
the date that child care began, or from the date that the family's eligibility began under
section 119B.09, subdivision 7, or from the date that the family meets authorization
requirements, not to exceed six months from the date that the provider is issued an
authorization of care and a billing form, whichever is later.
(d) deleted text begin A county ordeleted text end The commissioner may refuse to issue a child care authorization to a
certified, licensed, or legal nonlicensed provider, revoke an existing child care authorization
to a certified, licensed, or legal nonlicensed provider, stop payment issued to a certified,
licensed, or legal nonlicensed provider, or refuse to pay a bill submitted by a certified,
licensed, or legal nonlicensed provider if:
(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;
(2) deleted text begin a county ordeleted text end the commissioner finds by a preponderance of the evidence that the
provider intentionally gave the county materially false information on the provider's billing
forms, or provided false attendance records to a county or the commissioner;
(3) the provider is in violation of child care assistance program rules, until the agency
determines those violations have been corrected;
(4) the provider is operating after:
(i) an order of suspension of the provider's license issued by the commissioner;
(ii) an order of revocation of the provider's license issued by the commissioner; or
(iii) an order of decertification issued to the provider;
(5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request;
(6) the provider gives false child care price information; or
(7) the provider fails to report decreases in a child's attendance as required under section
119B.125, subdivision 9.
(e) For purposes of paragraph (d), clauses (3), (5), (6), and (7), deleted text begin the county ordeleted text end the
commissioner may withhold the provider's authorization or payment for a period of time
not to exceed three months beyond the time the condition has been corrected.
(f) A county's payment policies must be included in the county's child care plan under
section 119B.08, subdivision 3. If payments are made by the state, in addition to being in
compliance with this subdivision, the payments must be made in compliance with section
16A.124.
(g) If the commissioner deleted text begin or responsible county agencydeleted text end suspends or refuses payment to a
provider under paragraph (d), clause (1) or (2), or chapter 245E and the provider has:
(1) a disqualification for wrongfully obtaining assistance under section 256.98,
subdivision 8, paragraph (c);
(2) an administrative disqualification under section 256.046, subdivision 3; or
(3) a termination under section 245E.02, subdivision 4, paragraph (c), clause (4), or
245E.06;
then the provider forfeits the payment to the commissioner or the responsible county agency,
regardless of the amount assessed in an overpayment, charged in a criminal complaint, or
ordered as criminal restitution.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.16, subdivision 1a, is amended to read:
(a) This subdivision applies to providers
caring for children receiving child care assistance.
(b) A provider may request a fair hearing according to sections 256.045 and 256.046
only if a county agency or the commissioner:
(1) denies or revokes a provider's authorization, unless the action entitles the provider
tonew text begin :
new text end
new text begin (i) new text end an administrative review under section 119B.161;new text begin or
new text end
new text begin
(ii) a contested case hearing under section 245.095, subdivision 4;
new text end
(2) assigns responsibility for an overpayment to a provider under section 119B.11,
subdivision 2a;
(3) establishes an overpayment for failure to comply with section 119B.125, subdivision
6;
(4) seeks monetary recovery or recoupment under section 245E.02, subdivision 4,
paragraph (c), clause (2);
(5) initiates an administrative fraud disqualification hearing; or
(6) issues a payment and the provider disagrees with the amount of the payment.
(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.
(d) The provider's appeal request must contain the following:
(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the
dollar amount involved for each disputed item;
(2) the computation the provider believes to be correct, if applicable;
(3) the statute or rule relied on for each disputed item; and
(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.
Minnesota Statutes 2022, section 119B.16, subdivision 1c, is amended to read:
(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 this
chapter, chapter 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.
(b) The notice shall state (1) the factual basis for the new text begin county agency or new text end department's
determination, (2) the action the new text begin county agency or new text end 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 begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.16, subdivision 3, is amended to read:
(a) If deleted text begin a county agency ordeleted text end 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.
(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 begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.161, subdivision 2, is amended to read:
(a) deleted text begin A county agency ordeleted text end 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.
(b) The notice must:
(1) state the provision under which deleted text begin a county agency ordeleted text end the commissioner is denying,
revoking, or suspending the provider's authorization or suspending payment to the provider;
(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;
(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
(4) inform the provider of the right to submit written evidence and argument for
consideration by the commissioner.
(c) Notwithstanding Minnesota Rules, part 3400.0185, if deleted text begin a county agency ordeleted text end 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 begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 119B.161, subdivision 3, is amended to read:
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:
(1) the commissioner or a law enforcement authority determines that there is insufficient
evidence warranting the action and deleted text begin a county agency ordeleted text end the commissioner does not pursue
an additional administrative remedy under chapter 245E or section 256.98; or
(2) all criminal, civil, and administrative proceedings related to the provider's alleged
misconduct conclude and any appeal rights are exhausted.
new text begin
This section is effective April 28, 2025.
new text end
new text begin
(a) If a provider believes that the contents of the commissioner's correction order issued
under chapter 245E are in error, the provider may ask the commissioner to reconsider the
parts of the correction order that are alleged to be in error. The request for reconsideration
must be made in writing and must be postmarked and sent to the commissioner or submitted
in the provider licensing and reporting hub within 30 calendar days from the date the
correction order was mailed or issued through the hub to the provider, and:
new text end
new text begin
(1) specify the parts of the correction order that are alleged to be in error;
new text end
new text begin
(2) explain why they are in error; and
new text end
new text begin
(3) include documentation to support the allegation of error.
new text end
new text begin
(b) Upon implementation of the provider licensing and reporting hub, the provider must
use the hub to request reconsideration.
new text end
new text begin
(c) A request for reconsideration does not stay any provisions or requirements of the
correction order. The commissioner's disposition of a request for reconsideration is final
and not subject to appeal under chapter 14. The commissioner's decision is appealable by
petition for writ of certiorari under chapter 606.
new text end
Minnesota Statutes 2022, section 119B.19, subdivision 7, is amended to read:
Within each region, a child care
resource and referral program must:
(1) maintain one database of all existing child care resources and services and one
database of family referrals;
(2) provide a child care referral service for families;
(3) develop resources to meet the child care service needs of families;
(4) increase the capacity to provide culturally responsive child care services;
(5) coordinate professional development opportunities for child care and school-age
care providers;
(6) administer and award child care services grants;
(7) cooperate with the Minnesota Child Care Resource and Referral Network and its
member programs to develop effective child care services and child care resources; deleted text begin and
deleted text end
(8) assist in fostering coordination, collaboration, and planning among child care programs
and community programs such as school readiness, Head Start, early childhood family
education, local interagency early intervention committees, early childhood screening,
special education services, and other early childhood care and education services and
programs that provide flexible, family-focused services to families with young children to
the extent possibledeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) administer the child care one-stop regional assistance network to assist child care
providers and individuals interested in becoming child care providers with establishing and
sustaining a licensed family child care or group family child care program or a child care
center.
new text end
new text begin
The commissioner of human services shall establish and
administer the great start compensation support payment program to provide eligible child
care and early learning programs with payments to improve access to early care and learning
in Minnesota and to strengthen the ability of child care early learning programs to recruit
and retain qualified early educators to work in early care and learning programs.
new text end
new text begin
(a) The following programs are eligible to receive payments
under this section:
new text end
new text begin
(1) family and group family child care homes licensed under Minnesota Rules, chapter
9502;
new text end
new text begin
(2) child care centers licensed under Minnesota Rules, chapter 9503;
new text end
new text begin
(3) certified license-exempt child care centers under chapter 245H;
new text end
new text begin
(4) Tribally licensed child care programs; and
new text end
new text begin
(5) other programs as determined by the commissioner.
new text end
new text begin
(b) To be eligible, programs must not be:
new text end
new text begin
(1) the subject of a finding of fraud for which the program or individual is currently
serving a penalty or exclusion;
new text end
new text begin
(2) the subject of suspended, denied, or terminated payments to a provider under section
256.98, subdivision 1; 119B.13, subdivision 6, paragraph (d), clauses (1) and (2); or 245E.02,
subdivision 4, paragraph (c), clause (4), regardless of whether the action is under appeal;
new text end
new text begin
(3) prohibited from receiving public money under section 245.095, regardless of whether
the action is under appeal; or
new text end
new text begin
(4) under license revocation, suspension, temporary immediate suspension, or
decertification, regardless of whether the action is under appeal.
new text end
new text begin
(a) As a condition of payment, all providers receiving retention
payments under this section must:
new text end
new text begin
(1) complete an application developed by the commissioner for each payment period
for which the eligible program applies for funding;
new text end
new text begin
(2) submit data on child enrollment and attendance to the commissioner in the form and
manner specified by the commissioner; and
new text end
new text begin
(3) attest and agree in writing that the program was open and operating and served a
minimum number of children, as determined by the commissioner, during the funding
period, with the exceptions of:
new text end
new text begin
(i) service disruptions that are necessary to protect the safety and health of children and
child care programs based on public health guidance issued by the Centers for Disease
Control and Prevention, the commissioner of health, the commissioner of human services,
or a local public health agency; and
new text end
new text begin
(ii) planned temporary closures for provider vacation and holidays during each payment
period. The maximum allowed duration of vacations and holidays must be established by
the commissioner.
new text end
new text begin
(b) Money received under this section must be expended by a provider no later than six
months after the date the payment was received.
new text end
new text begin
(c) Recipients must comply with all requirements listed in the application under this
section. Methods for demonstrating that requirements have been met shall be determined
by the commissioner.
new text end
new text begin
(d) Recipients must keep accurate and legible records of the following at the site where
services are delivered:
new text end
new text begin
(1) use of money;
new text end
new text begin
(2) attendance records. Daily attendance records must be completed every day and
include the date, the first and last name of each child in attendance, and the times when
each child is dropped off and picked up. To the extent possible, the times that the child was
dropped off and picked up from the provider must be entered by the person dropping off or
picking up the child; and
new text end
new text begin
(3) staff employment, compensation, and benefits records. Employment, compensation,
and benefits records must include time sheets or other records of daily hours worked;
documentation of compensation and benefits; documentation of written changes to employees'
rate or rates of pay and basis thereof as a result of support payments, as required under
section 181.032; and any other records required to be maintained under section 177.30.
new text end
new text begin
(e) The requirement to document compensation and benefits only applies to family child
care providers if support payment money is used for employee compensation and benefits.
new text end
new text begin
(f) All records must be retained at the site where services are delivered for six years after
the date of receipt of payment and be made immediately available to the commissioner upon
request. Any records not provided to the commissioner at the date and time of the request
are deemed inadmissible if offered as evidence by a provider in any proceeding to contest
an overpayment or disqualification of the provider.
new text end
new text begin
(g) Recipients that fail to meet the requirements under this section are subject to
discontinuation of future installment payments, recovery of overpayments, and actions under
chapter 245E. Except when based on a finding of fraud, actions to establish an overpayment
must be made within six years of receipt of the payments. Once an overpayment is
established, collection may continue until money has been repaid in full. The appeal process
under section 119B.16 applies to actions taken for failure to meet the requirements of this
section.
new text end
new text begin
(a) The commissioner shall provide support payments
under this section to all eligible programs on a noncompetitive basis.
new text end
new text begin
(b) The commissioner shall award support payments to all eligible programs. The payment
amounts shall be based on the number of full-time equivalent staff who regularly care for
children in the program, including any employees, sole proprietors, or independent
contractors.
new text end
new text begin
(c) One full-time equivalent is defined as an individual caring for children 32 hours per
week. An individual can count as more or less than one full-time equivalent staff, but as no
more than two full-time equivalent staff.
new text end
new text begin
(d) The amount awarded per full-time equivalent individual caring for children for each
payment type must be established by the commissioner.
new text end
new text begin
(e) Payments must be increased by 25 percent for providers receiving payments through
the child care assistance programs under section 119B.03 or 119B.05 or early learning
scholarships under section 124D.165 or whose program is located in a child care access
equity area. Child care access equity areas are areas with low access to child care, high
poverty rates, high unemployment rates, low home ownership rates, and low median
household incomes. The commissioner must develop a method for establishing child care
access equity areas.
new text end
new text begin
(f) The commissioner shall make payments to eligible programs under this section in
the form, frequency, and manner established by the commissioner.
new text end
new text begin
(a) Recipients that are child care centers licensed under
Minnesota Rules, chapter 9503; certified license-exempt child care centers under chapter
245H; or Tribally licensed child care centers must use money provided under this section
to pay for increases in compensation, benefits, premium pay, or additional federal taxes
assessed on the compensation of employees as a result of paying increased compensation
or premium pay to all paid employees or independent contractors regularly caring for
children. The increases in this paragraph must occur no less frequently than once per year.
new text end
new text begin
(b) Recipients that are family and group family child care homes licensed under
Minnesota Rules, chapter 9502, or are Tribally licensed family child care homes shall use
money provided under this section for one or more of the following uses:
new text end
new text begin
(1) paying personnel costs, such as payroll, salaries, or similar compensation; employee
benefits; premium pay; or financial incentives for recruitment and retention for an employee,
a sole proprietor, or an independent contractor;
new text end
new text begin
(2) paying rent, including rent under a lease agreement, or making payments on any
mortgage obligation, utilities, facility maintenance or improvements, property taxes, or
insurance;
new text end
new text begin
(3) purchasing or updating equipment, supplies, goods, or services;
new text end
new text begin
(4) providing mental health supports for children; or
new text end
new text begin
(5) purchasing training or other professional development.
new text end
new text begin
By January 1 each year, the commissioner must report to the chairs
and ranking minority members of the legislative committees with jurisdiction over child
care and early learning the number of payments provided to recipients and outcomes of the
support payment program since the last report. This subdivision expires January 31, 2033.
new text end
new text begin
Funds appropriated under this section are available
until expended.
new text end
new text begin
(a) The commissioner of human services shall establish a grant program to distribute
money for the planning, establishment, expansion, improvement, or operation of shared
services alliances to allow family child care providers to achieve economies of scale. The
commissioner must develop a process to fund organizations to operate shared services
alliances that includes application forms, timelines, and standards for renewal. For purposes
of this section, "shared services alliances" means networks of licensed family child care
providers that share services to reduce costs and achieve efficiencies.
new text end
new text begin
(b) Programs eligible to be a part of the shared services alliances supported through this
grant program include:
new text end
new text begin
(1) family child care or group family child care homes licensed under Minnesota Rules,
chapter 9502;
new text end
new text begin
(2) Tribally licensed family child care or group family child care; and
new text end
new text begin
(3) individuals in the process of starting a family child care or group family child care
home.
new text end
new text begin
(c) Eligible applicants include public entities and private for-profit and nonprofit
organizations.
new text end
new text begin
(d) Grantees shall use the grant money to deliver one or more of the following services:
new text end
new text begin
(1) pooling the management of payroll and benefits, banking, janitorial services, food
services, and other operations;
new text end
new text begin
(2) shared administrative staff for tasks such as record keeping and reporting for programs
such as the child care assistance program, Head Start, the child and adult care food program,
and early learning scholarships;
new text end
new text begin
(3) coordination of bulk purchasing;
new text end
new text begin
(4) management of a substitute pool;
new text end
new text begin
(5) support for implementing shared curriculum and assessments;
new text end
new text begin
(6) mentoring child care provider participants to improve business practices;
new text end
new text begin
(7) provision of and training in child care management software to simplify processes
such as enrollment, billing, and tracking expenditures;
new text end
new text begin
(8) support for a group of providers sharing one or more physical spaces within a larger
building; or
new text end
new text begin
(9) other services as determined by the commissioner.
new text end
new text begin
(e) The commissioner must develop a process by which grantees will report to the
Department of Human Services on activities funded by the grant.
new text end
new text begin
(a) The commissioner of human services shall distribute money provided by this section
through grants to one or more organizations to offer grants or other supports to child care
providers for technology intended to improve the providers' business practices. The
commissioner must develop a process to fund organizations to provide technology supports
that includes application forms, timelines, reporting requirements, and standards for renewal.
new text end
new text begin
(b) Programs eligible to be supported through this grant program include:
new text end
new text begin
(1) child care centers licensed under Minnesota Rules, chapter 9503;
new text end
new text begin
(2) family or group family child care homes licensed under Minnesota Rules, chapter
9502; and
new text end
new text begin
(3) Tribally licensed centers, family child care, and group family child care.
new text end
new text begin
(c) Eligible applicants include public entities and private for-profit and nonprofit
organizations with the ability to develop technology products for child care business
management or offer training, technical assistance, coaching, or other supports for child
care providers to use technology products for child care business management.
new text end
new text begin
(d) Grantees shall use the grant money, either directly or through grants to providers,
for one or more of the following purposes:
new text end
new text begin
(1) the purchase of computers or mobile devices for use in business management;
new text end
new text begin
(2) access to the Internet through the provision of necessary hardware such as routers
or modems or by covering the costs of monthly fees for Internet access;
new text end
new text begin
(3) covering the costs of subscription to child care management software;
new text end
new text begin
(4) covering the costs of training in the use of technology for business management
purposes; and
new text end
new text begin
(5) other services as determined by the commissioner.
new text end
Minnesota Statutes 2022, section 245C.04, subdivision 1, is amended to read:
(a) The commissioner
shall conduct a background study of an individual required to be studied under section
245C.03, subdivision 1, at least upon application for initial license for all license types.
(b) The commissioner shall conduct a background study of an individual required to be
studied under section 245C.03, subdivision 1, including a child care background study
subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed
child care center, certified license-exempt child care center, or legal nonlicensed child care
provider, on a schedule determined by the commissioner. Except as provided in section
245C.05, subdivision 5a, a child care background study must include submission of
fingerprints for a national criminal history record check and a review of the information
under section 245C.08. A background study for a child care program must be repeated
within five years from the most recent study conducted under this paragraph.
new text begin
(c) At reauthorization or when a new background study is needed under section 119B.125,
subdivision 1a, for a legal nonlicensed child care provider authorized under chapter 119B:
new text end
new text begin
(1) for a background study affiliated with a legal nonlicensed child care provider, the
individual shall provide information required under section 245C.05, subdivision 1,
paragraphs (a), (b), and (d), to the commissioner and be fingerprinted and photographed
under section 245C.05, subdivision 5; and
new text end
new text begin
(2) the commissioner shall verify the information received under clause (1) and submit
the request in NETStudy 2.0 to complete the background study.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end At reapplication for a family child care license:
(1) for a background study affiliated with a licensed family child care center deleted text begin or legal
nonlicensed child care providerdeleted text end , the individual shall provide information required under
section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the county agency, and be
fingerprinted and photographed under section 245C.05, subdivision 5;
(2) the county agency shall verify the information received under clause (1) and forward
the information to the commissioner new text begin and submit the request in NETStudy 2.0 new text end to complete
the background study; and
(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08.
deleted text begin (d)deleted text end new text begin (e)new text end The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services and the following conditions are met:
(1) a study of the individual was conducted either at the time of initial licensure or when
the individual became affiliated with the license holder;
(2) the individual has been continuously affiliated with the license holder since the last
study was conducted; and
(3) the last study of the individual was conducted on or after October 1, 1995.
deleted text begin (e)deleted text end new text begin (f)new text end The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6),
who is newly affiliated with a child foster family setting license holder:
(1) the county or private agency shall collect and forward to the commissioner the
information required under section 245C.05, subdivisions 1 and 5, when the child foster
family setting applicant or license holder resides in the home where child foster care services
are provided; and
(2) the background study conducted by the commissioner of human services under this
paragraph must include a review of the information required under section 245C.08,
subdivisions 1, 3, and 4.
deleted text begin (f)deleted text end new text begin (g)new text end The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated
with an adult foster care or family adult day services and with a family child care license
holder or a legal nonlicensed child care provider authorized under chapter 119B and:
(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and
forward to the commissioner the information required under section 245C.05, subdivision
1, paragraphs (a) and (b), and subdivision 5, paragraph (b), for background studies conducted
by the commissioner for all family adult day services, for adult foster care when the adult
foster care license holder resides in the adult foster care residence, and for family child care
and legal nonlicensed child care authorized under chapter 119B;
(2) the license holder shall collect and forward to the commissioner the information
required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs
(a) and (b), for background studies conducted by the commissioner for adult foster care
when the license holder does not reside in the adult foster care residence; and
(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1, paragraph
(a), and subdivisions 3 and 4.
deleted text begin (g)deleted text end new text begin (h)new text end Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study requests to the commissioner using the
electronic system known as NETStudy before individuals specified in section 245C.03,
subdivision 1, begin positions allowing direct contact in any licensed program.
deleted text begin (h)deleted text end new text begin (i)new text end For an individual who is not on the entity's active roster, the entity must initiate
a new background study through NETStudy when:
(1) an individual returns to a position requiring a background study following an absence
of 120 or more consecutive days; or
(2) a program that discontinued providing licensed direct contact services for 120 or
more consecutive days begins to provide direct contact licensed services again.
The license holder shall maintain a copy of the notification provided to the commissioner
under this paragraph in the program's files. If the individual's disqualification was previously
set aside for the license holder's program and the new background study results in no new
information that indicates the individual may pose a risk of harm to persons receiving
services from the license holder, the previous set-aside shall remain in effect.
deleted text begin (i)deleted text end new text begin (j)new text end For purposes of this section, a physician licensed under chapter 147, advanced
practice registered nurse licensed under chapter 148, or physician assistant licensed under
chapter 147A is considered to be continuously affiliated upon the license holder's receipt
from the commissioner of health or human services of the physician's, advanced practice
registered nurse's, or physician assistant's background study results.
deleted text begin (j)deleted text end new text begin (k)new text end For purposes of family child care, a substitute caregiver must receive repeat
background studies at the time of each license renewal.
deleted text begin (k)deleted text end new text begin (l)new text end A repeat background study at the time of license renewal is not required if the
family child care substitute caregiver's background study was completed by the commissioner
on or after October 1, 2017, and the substitute caregiver is on the license holder's active
roster in NETStudy 2.0.
deleted text begin (l)deleted text end new text begin (m)new text end Before and after school programs authorized under chapter 119B, are exempt
from the background study requirements under section 123B.03, for an employee for whom
a background study under this chapter has been completed.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 245C.05, subdivision 4, is amended to read:
(a) For background studies conducted by the
Department of Human Services, the commissioner shall implement a secure system for the
electronic transmission of:
(1) background study information to the commissioner;
(2) background study results to the license holder;
(3) background study information obtained under this section and section 245C.08 to
counties and private agencies for background studies conducted by the commissioner for
child foster care, including a summary of nondisqualifying results, except as prohibited by
law; and
(4) background study results to county agencies for background studies conducted by
the commissioner for adult foster care and family adult day services and, upon
implementation of NETStudy 2.0, family child care deleted text begin and legal nonlicensed child care
authorized under chapter deleted text end deleted text begin 119Bdeleted text end .
(b) Unless the commissioner has granted a hardship variance under paragraph (c), a
license holder or an applicant must use the electronic transmission system known as
NETStudy or NETStudy 2.0 to submit all requests for background studies to the
commissioner as required by this chapter.
(c) A license holder or applicant whose program is located in an area in which high-speed
Internet is inaccessible may request the commissioner to grant a variance to the electronic
transmission requirement.
(d) Section 245C.08, subdivision 3, paragraph (c), applies to results transmitted under
this subdivision.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 245C.17, subdivision 6, is amended to read:
For studies on individuals related to a license to
provide adult foster care when the applicant or license holder resides in the adult foster care
residence and family adult day services and, effective upon implementation of NETStudy
2.0, family child care deleted text begin and legal nonlicensed child care authorized under chapter 119Bdeleted text end , the
commissioner shall also provide a notice of the background study results to the county
agency that initiated the background study.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 245C.23, subdivision 2, is amended to read:
(a) The
commissioner shall notify the license holder of the disqualification and order the license
holder to immediately remove the individual from any position allowing direct contact with
persons receiving services from the license holder if:
(1) the individual studied does not submit a timely request for reconsideration under
section 245C.21;
(2) the individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that license holder under section 245C.22, unless
the individual has a right to request a hearing under section 245C.27, 245C.28, or 256.045;
(3) an individual who has a right to request a hearing under sections 245C.27 and 256.045,
or 245C.28 and chapter 14 for a disqualification that has not been set aside, does not request
a hearing within the specified time; or
(4) an individual submitted a timely request for a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.
(b) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was previously ordered under section 245C.17 to immediately remove
the disqualified individual from direct contact with persons receiving services or to ensure
that the individual is under continuous, direct supervision when providing direct contact
services, the order remains in effect pending the outcome of a hearing under sections 245C.27
and 256.045, or 245C.28 and chapter 14.
(c) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was not previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous direct supervision when providing direct
contact services, the commissioner shall order the individual to remain under continuous
direct supervision pending the outcome of a hearing under sections 245C.27 and 256.045,
or 245C.28 and chapter 14.
(d) For background studies related to child foster care when the applicant or license
holder resides in the home where services are provided, the commissioner shall also notify
the county or private agency that initiated the study of the results of the reconsideration.
(e) For background studies related to family child care, deleted text begin legal nonlicensed child care,deleted text end
adult foster care programs when the applicant or license holder resides in the home where
services are provided, and family adult day services, the commissioner shall also notify the
county that initiated the study of the results of the reconsideration.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 245E.06, subdivision 3, is amended to read:
A provider's rights related to the department's
action taken under this chapter against a provider are established in sections 119B.16 deleted text begin anddeleted text end new text begin ,new text end
119B.161new text begin , 119B.162, and 245.095, subdivision 4new text end .
Minnesota Statutes 2022, section 256.046, subdivision 3, is amended to read:
(a) The department deleted text begin or local agencydeleted text end shall pursue an
administrative disqualification, if the child care provider is accused of committing an
intentional program violation, in lieu of a criminal action when it has not been pursued.
Intentional program violations include intentionally making false or misleading statements;
intentionally misrepresenting, concealing, or withholding facts; and repeatedly and
intentionally violating program regulations under chapters 119B and 245E. Intent may be
proven by demonstrating a pattern of conduct that violates program rules under chapters
119B and 245E.
(b) To initiate an administrative disqualification, deleted text begin a local agency ordeleted text end the commissioner
must mail written notice by certified mail to the provider against whom the action is being
taken. Unless otherwise specified under chapter 119B or 245E or Minnesota Rules, chapter
3400, deleted text begin a local agency ordeleted text end the commissioner must mail the written notice at least 15 calendar
days before the adverse action's effective date. The notice shall state (1) the factual basis
for the agency's determination, (2) the action the agency intends to take, (3) the dollar amount
of the monetary recovery or recoupment, if known, and (4) the provider's right to appeal
the agency's proposed action.
(c) The provider may appeal an administrative disqualification 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 deleted text begin a local agency ordeleted text end
the commissioner mails the notice.
(d) The provider's appeal request must contain the following:
(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the
dollar amount involved for each disputed item;
(2) the computation the provider believes to be correct, if applicable;
(3) the statute or rule relied on for each disputed item; and
(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.
(e) On appeal, the issuing agency bears the burden of proof to demonstrate by a
preponderance of the evidence that the provider committed an intentional program violation.
(f) The hearing is subject to the requirements of sections 256.045 and 256.0451. The
human services judge may combine a fair hearing and administrative disqualification hearing
into a single hearing if the factual issues arise out of the same or related circumstances and
the provider receives prior notice that the hearings will be combined.
(g) A provider found to have committed an intentional program violation and is
administratively disqualified shall be disqualified, for a period of three years for the first
offense and permanently for any subsequent offense, from receiving any payments from
any child care program under chapter 119B.
(h) Unless a timely and proper appeal made under this section is received by the
department, the administrative determination of the department is final and binding.
new text begin
This section is effective April 28, 2025.
new text end
Minnesota Statutes 2022, section 256.983, subdivision 5, is amended to read:
(a) A county or tribal agency
may conduct investigations of financial misconduct by child care providers as described in
chapter 245E. Prior to opening an investigation, a county or tribal agency must contact the
commissioner to determine whether an investigation under this chapter may compromise
an ongoing investigation.
(b) If, upon investigation, a preponderance of evidence shows a provider committed an
intentional program violation, intentionally gave the county or tribe materially false
information on the provider's billing forms, provided false attendance records to a county,
tribe, or the commissioner, or committed financial misconduct as described in section
245E.01, subdivision 8, the county or tribal agency may new text begin recommend that the commissioner
new text end suspend a provider's payment pursuant to chapter 245E, or deny or revoke a provider's
authorization pursuant to section 119B.13, subdivision 6, paragraph (d), clause (2), prior to
pursuing other available remedies. deleted text begin The county or tribe must send notice in accordance with
the requirements of section 119B.161, subdivision 2. If a provider's payment is suspended
under this section, the payment suspension shall remain in effect until: (1) the commissioner,
county, tribe, or a law enforcement authority determines that there is insufficient evidence
warranting the action and a county, tribe, or the commissioner does not pursue an additional
administrative remedy under chapter deleted text end deleted text begin 119Bdeleted text end deleted text begin or deleted text end deleted text begin 245Edeleted text end deleted text begin , or section 256.046 or 256.98; or (2)
all criminal, civil, and administrative proceedings related to the provider's alleged misconduct
conclude and any appeal rights are exhausted.
deleted text end
deleted text begin
(c) For the purposes of this section, an intentional program violation includes intentionally
making false or misleading statements; intentionally misrepresenting, concealing, or
withholding facts; and repeatedly and intentionally violating program regulations under
chapters
deleted text end
deleted text begin
119B
deleted text end
deleted text begin
and
deleted text end
deleted text begin
245E
deleted text end
deleted text begin
.
deleted text end
deleted text begin
(d) A provider has the right to administrative review under section 119B.161 if: (1)
payment is suspended under chapter
deleted text end
deleted text begin
245E
deleted text end
deleted text begin
; or (2) the provider's authorization was denied
or revoked under section 119B.13, subdivision 6, paragraph (d), clause (2).
deleted text end
new text begin
This section is effective April 28, 2025.
new text end
new text begin
(a) The commissioner of human services must continue providing child care stabilization
grants under Laws 2021, First Special Session chapter 7, article 14, section 21, from July
1, 2023, through no later than December 31, 2023.
new text end
new text begin
(b) The commissioner shall award transition child care stabilization grant amounts to
all eligible programs. The transition month grant amounts must be based on the number of
full-time equivalent staff who regularly care for children in the program, including employees,
sole proprietors, or independent contractors. One full-time equivalent staff is defined as an
individual caring for children 32 hours per week. An individual can count as more, or less,
than one full-time equivalent staff, but as no more than two full-time equivalent staff.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the
commissioner must allocate the additional basic sliding fee child care money for calendar
year 2024 to counties and Tribes for updated maximum rates based on relative need to cover
maximum rate increases. In distributing the additional money, the commissioner shall
consider the following factors by county and Tribe:
new text end
new text begin
(1) the number of children;
new text end
new text begin
(2) the provider type;
new text end
new text begin
(3) the age of children served; and
new text end
new text begin
(4) the amount of the increase in maximum rates.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the
commissioner of human services must allocate additional basic sliding fee child care money
for calendar year 2025 to counties and Tribes to account for the change in the definition of
family in Minnesota Statutes, section 119B.011, in this article. In allocating the additional
money, the commissioner shall consider:
new text end
new text begin
(1) the number of children in the county or Tribe who receive care from a relative
custodian who accepted a transfer of permanent legal and physical custody of a child under
section 260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor
custodian or guardian as established according to section 256N.22, subdivision 10; or foster
parents in a family foster home under section 260C.007, subdivision 16b; and
new text end
new text begin
(2) the average basic sliding fee cost of care in the county or Tribe.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, section 119B.03, subdivision 4,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, section 245C.11, subdivision 3,
new text end
new text begin
is repealed.
new text end
new text begin
Paragraph (b) is effective April 28, 2025.
new text end
new text begin
The commissioner shall establish the
support beyond 21 grant program to distribute grants to one or more community-based
organizations to provide services and financial support to youth eligible for the support
beyond 21 program under section 260C.451, subdivision 8b.
new text end
new text begin
(a) The grantee shall distribute support
beyond 21 grant program money to eligible youth to be used for basic well-being needs and
housing as determined solely by the youth.
new text end
new text begin
(b) The grantee shall distribute support beyond 21 grant money to eligible youth on a
monthly basis for 12 months.
new text end
new text begin
(c) Once a youth has completed the program, the youth must receive a stipend to complete
an exit survey on the youth's experiences in the program.
new text end
new text begin
(d) A grantee may not deny funding to a youth based on any criteria beyond a youth's
eligibility for the support beyond 21 program under section 260C.451, subdivision 8b.
new text end
new text begin
The selected grantee or grantees must report quarterly to the
commissioner of human services in order to receive the quarterly payment. The selected
grantee or grantees must include the following information in a quarterly report:
new text end
new text begin
(1) a list of eligible youth who have been referred;
new text end
new text begin
(2) the amount of money that has been distributed to each youth per month;
new text end
new text begin
(3) any surveys completed by youth leaving the support beyond 21 program; and
new text end
new text begin
(4) other data as determined by the commissioner.
new text end
new text begin
The commissioner shall establish a grant program to
support prevention and early intervention services provided by community-based agencies
to implement and build upon Minnesota's Family First Prevention Services Act Title IV-E
prevention services plan.
new text end
new text begin
Funds granted to community-based agencies must be used to:
new text end
new text begin
(1) implement or expand any Family First Prevention Services Act service or program
that is included in Minnesota's prevention services plan;
new text end
new text begin
(2) implement or expand any proposed future Family First Prevention Services Act
service or program;
new text end
new text begin
(3) implement or expand any prevention or family preservation service or programming;
or
new text end
new text begin
(4) evaluate any of the above programs or services.
new text end
new text begin
Funds appropriated under this section
shall be transferred to a special revenue account. The commissioner shall retain federal
reimbursement generated under this section. Federal reimbursement shall be transferred to
the special revenue account.
new text end
new text begin
The commissioner shall establish a grant program for
Kinship Navigator programs as outlined by the federal Family First Prevention Services
Act.
new text end
new text begin
Eligible grantees must use funds to assess kinship caregiver needs, provide
connection to local and statewide resources, provide case management to assist with complex
cases, and provide support to meet caregiver needs.
new text end
new text begin
Funds appropriated under this section
shall be transferred to a special revenue account. The commissioner shall retain federal
reimbursement generated under this section. Federal reimbursement shall be transferred to
the special revenue account.
new text end
Minnesota Statutes 2022, section 256N.24, subdivision 12, is amended to read:
(a)
Any agency completing initial assessments, special assessments, or reassessments must
designate one or more supervisors or other staff to examine and approve assessments
completed by others in the agency under subdivision 2. The person approving an assessment
must not be the case manager or staff member completing that assessment.
(b) In cases where a special assessment or reassessment for Northstar kinship assistance
and adoption assistance is required under subdivision 8 or 11, the commissioner shall review
and approve the assessment as part of the eligibility determination process outlined in section
256N.22, subdivision 7, for Northstar kinship assistance, or section 256N.23, subdivision
7, for adoption assistance. The assessment determines the maximum of the negotiated
agreement amount under section 256N.25.
(c) The new text begin effective date of the new text end new rate is deleted text begin effective the calendar month that the assessment
is approved, or the effective date of the agreement, whichever is later.deleted text end new text begin determined as follows:
new text end
new text begin
(1) for initial assessments of children in foster care, the new rate is effective based on
the emergency foster care rate for initial placement pursuant to section 256N.26, subdivision
6;
new text end
new text begin
(2) for special assessments, the new rate is effective on the date of the finalized adoption
decree or the date of the court order that transfers permanent legal and physical custody to
a relative;
new text end
new text begin
(3) for postpermanency reassessments, the new rate is effective on the date that the
commissioner signs the amendment to the Northstar Adoption Assistance or Northstar
Kinship Assistance benefit agreement.
new text end
new text begin
The commissioner shall establish a program that allocates
money to counties and federally recognized Tribes in Minnesota to provide prevention and
early intervention services under the Family First Prevention Services Act.
new text end
new text begin
(a) Money allocated to counties and Tribes may be used for the following
purposes:
new text end
new text begin
(1) to implement or expand any service or program that is included in the state's
prevention plan;
new text end
new text begin
(2) to implement or expand any proposed service or program;
new text end
new text begin
(3) to implement or expand any existing service or program; and
new text end
new text begin
(4) any other use approved by the commissioner.
new text end
new text begin
A county or a Tribe must use at least ten percent of the allocation to provide services and
supports directly to families.
new text end
new text begin
(a) The commissioner shall allocate state money appropriated under
this section to each county board or Tribe on a calendar-year basis using a formula established
by the commissioner.
new text end
new text begin
(b) Notwithstanding this subdivision, to the extent that money is available, no county
or Tribe may be allocated less than:
new text end
new text begin
(1) $25,000 in calendar year 2024;
new text end
new text begin
(2) $50,000 in calendar year 2025; and
new text end
new text begin
(3) $75,000 in calendar year 2026 and each year thereafter.
new text end
new text begin
(c) A county agency or an initiative Tribe must submit a plan and report the use of money
as determined by the commissioner.
new text end
new text begin
(d) The commissioner may distribute money under this section for a two-year period.
new text end
new text begin
Money received under this section
must be used to address prevention and early intervention staffing, programming, and other
activities as determined by the commissioner. Money must not be used to supplant current
county or Tribal expenditures for these purposes.
new text end
Minnesota Statutes 2022, section 260.761, subdivision 2, as amended by Laws
2023, chapter 16, section 16, is amended to read:
(a) When a child-placing agency has information that a family assessment deleted text begin ordeleted text end new text begin ,new text end
investigationnew text begin , or noncaregiver sex trafficking assessmentnew text end being conducted may involve an
Indian child, the child-placing agency shall notify the Indian child's Tribe of the family
assessment deleted text begin ordeleted text end new text begin ,new text end investigationnew text begin , or noncaregiver sex trafficking assessmentnew text end according to section
260E.18. new text begin The child-placing agency shall provide new text end initial notice deleted text begin shall be provideddeleted text end by telephone
and by email or facsimile and shall include the child's full name and date of birth; the full
names and dates of birth of the child's biological parents; and if known the full names and
dates of birth of the child's grandparents and of the child's Indian custodian. If information
regarding the child's grandparents or Indian custodian is not immediately available, the
child-placing agency shall continue to request this information and shall notify the Tribe
when it is received. Notice shall be provided to all Tribes to which the child may have any
Tribal lineage. The child-placing agency shall request that the Tribe or a designated Tribal
representative participate in evaluating the family circumstances, identifying family and
Tribal community resources, and developing case plans. The child-placing agency shall
continue to include the Tribe in service planning and updates as to the progress of the case.
(b) When a child-placing agency has information that a child receiving services may be
an Indian child, the child-placing agency shall notify the Tribe by telephone and by email
or facsimile of the child's full name and date of birth, the full names and dates of birth of
the child's biological parents, and, if known, the full names and dates of birth of the child's
grandparents and of the child's Indian custodian. This notification must be provided deleted text begin sodeleted text end new text begin fornew text end
the Tribe deleted text begin candeleted text end new text begin tonew text end determine if the child is a member or eligible for new text begin Tribal new text end membership deleted text begin in the
Tribedeleted text end , and deleted text begin must be provideddeleted text end new text begin the agency must provide this notification to the Tribenew text end within
seven daysnew text begin of receiving information that the child may be an Indian childnew text end . If information
regarding the child's grandparents or Indian custodian is not available within the seven-day
period, the child-placing agency shall continue to request this information and shall notify
the Tribe when it is received. Notice shall be provided to all Tribes to which the child may
have any Tribal lineage.
(c) In all child placement proceedings, when a court has reason to believe that a child
placed in emergency protective care is an Indian child, the court administrator or a designee
shall, as soon as possible and before a hearing takes place, notify the Tribal social services
agency by telephone and by email or facsimile of the date, time, and location of the
emergency protective care or other initial hearing. The court shall make efforts to allow
appearances by telephone or video conference for Tribal representatives, parents, and Indian
custodians.
(d) The child-placing agency or individual petitioner shall effect service of any petition
governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt
requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least
10 days before the admit-deny hearing is held. If the identity or location of the Indian child's
parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall
provide the notice required in this paragraph to the United States Secretary of the Interior,
Bureau of Indian Affairs by certified mail, return receipt requested.
(e) A Tribe, the Indian child's parents, or the Indian custodian may request up to 20
additional days to prepare for the admit-deny hearing. The court shall allow appearances
by telephone, video conference, or other electronic medium for Tribal representatives, the
Indian child's parents, or the Indian custodian.
(f) A child-placing agency or individual petitioner must provide the notices required
under this subdivision at the earliest possible time to facilitate involvement of the Indian
child's Tribe. Nothing in this subdivision is intended to hinder the ability of the child-placing
agency, individual petitioner, and the court to respond to an emergency situation. Lack of
participation by a Tribe shall not prevent the Tribe from intervening in services and
proceedings at a later date. A Tribe may participate new text begin in a case new text end at any time. At any stage of
the child-placing agency's involvement with an Indian child, the agency shall provide full
cooperation to the Tribal social services agency, including disclosure of all data concerning
the Indian child. Nothing in this subdivision relieves the child-placing agency of satisfying
the notice requirements in state or federal law.
new text begin
This section is effective July 1, 2024.
new text end
new text begin
The commissioner shall allocate $80,000 annually to each
of Minnesota's federally recognized Tribes that, at the beginning of the fiscal year, have not
joined the American Indian Child welfare initiative under section 256.01, subdivision 14b.
Tribes not participating in or planning to join the initiative as of July 1, 2023, are: Bois Fort
Band of Chippewa, Fond du Lac Band of Lake Superior Chippewa, Grand Portage Band
of Lake Superior Chippewa, Lower Sioux Indian Community, Prairie Island Indian
Community, and Upper Sioux Indian Community.
new text end
new text begin
Money must be used to address staffing for responding to notifications
under the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act, to
the extent necessary, or to provide other child protection and child welfare services. Money
must not be used to supplant current Tribal expenditures for these purposes.
new text end
new text begin
By June 1 each year, Tribes receiving this money shall provide a
report to the commissioner. The report shall be written in a manner prescribed by the
commissioner and must include an accounting of money spent, staff hired, job duties, and
other information as required by the commissioner.
new text end
new text begin
If a Tribe joins the American Indian child welfare
initiative, the payment for that Tribe shall be distributed equally among the remaining Tribes
receiving an allocation under this section.
new text end
Minnesota Statutes 2022, section 260C.007, subdivision 14, is amended to read:
"Egregious harm" means the infliction of bodily harm to a
child or neglect of a child which demonstrates a grossly inadequate ability to provide
minimally adequate parental care. The egregious harm need not have occurred in the state
or in the county where a termination of parental rights action deleted text begin is otherwise properly venueddeleted text end new text begin
has proper venuenew text end . Egregious harm includes, but is not limited to:
(1) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes a violation of sections 609.185 to
609.2114, 609.222, subdivision 2, 609.223, or any other similar law of any other state;
(2) the infliction of "substantial bodily harm" to a child, as defined in section 609.02,
subdivision 7a;
(3) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes felony malicious punishment of a
child under section 609.377;
(4) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes felony unreasonable restraint of a
child under section 609.255, subdivision 3;
(5) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes felony neglect or endangerment of
a child under section 609.378;
(6) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes assault under section 609.221, 609.222,
or 609.223;
(7) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutesnew text begin sex trafficking,new text end solicitation,
inducement, deleted text begin ordeleted text end promotion of, or receiving profit derived from prostitution under section
609.322;
(8) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes murder or voluntary manslaughter
as defined by United States Code, title 18, section 1111(a) or 1112(a);
(9) conduct deleted text begin towardsdeleted text end new text begin towardnew text end a child that constitutes aiding or abetting, attempting,
conspiring, or soliciting to commit a murder or voluntary manslaughter that constitutes a
violation of United States Code, title 18, section 1111(a) or 1112(a); or
(10) conduct toward a child that constitutes criminal sexual conduct under sections
609.342 to 609.345 or sexual extortion under section 609.3458.
Minnesota Statutes 2022, section 260C.221, subdivision 1, is amended to read:
(a) The responsible social services agency
shall exercise due diligence to identify and notify adult relativesnew text begin , as defined in section
260C.007, subdivision 27,new text end and current caregivers of a child's sibling, prior to placement or
within 30 days after the child's removal from the parent, regardless of whether a child is
placed in a relative's home, as required under subdivision 2. The relative search required
by this section shall be comprehensive in scope.
(b) The relative search required by this section shall include both maternal and paternal
adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians
of the child's siblings; and any other adult relatives suggested by the child's parents, subject
to the exceptions due to family violence in subdivision 5, paragraph (b). The search shall
also include getting information from the child in an age-appropriate manner about who the
child considers to be family members and important friends with whom the child has resided
or had significant contact. The relative search required under this section must fulfill the
agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the
breakup of the Indian family under United States Code, title 25, section 1912(d), and to
meet placement preferences under United States Code, title 25, section 1915.
(c) The responsible social services agency has a continuing responsibility to search for
and identify relatives of a child and send the notice to relatives that is required under
subdivision 2, unless the court has relieved the agency of this duty under subdivision 5,
paragraph (e).
Minnesota Statutes 2022, section 260C.317, subdivision 3, is amended to read:
(a) A certified copy of the findings and the
order terminating parental rights, and a summary of the court's information concerning the
child shall be furnished by the court to the commissioner or the agency to which guardianship
is transferred.
(b) The orders shall be on a document separate from the findings. The court shall furnish
the guardian a copy of the order terminating parental rights.
(c) When the court orders guardianship pursuant to this section, the guardian ad litem
and counsel for the child shall continue on the case until an adoption decree is entered. An
in-court appearance hearing must be held every 90 days following termination of parental
rights for the court to review progress toward an adoptive placement and the specific
recruitment efforts the agency has taken to find an adoptive family for the child and to
finalize the adoption or other permanency plan. Review of the progress toward adoption of
a child under guardianship of the commissioner of human services shall be conducted
according to section 260C.607.
(d) Upon terminating parental rights or upon a parent's consent to adoption under
deleted text begin Minnesota Statutes 2010, section 260C.201, subdivision 11, ordeleted text end section 260C.515, subdivision
deleted text begin 5deleted text end new text begin 3new text end , resulting in an order for guardianship to the commissioner of human services, the court
shall retain jurisdiction:
(1) until the child is adopted;
(2) through the child's minority; or
(3) as long as the child continues in or reenters foster care, until the individual becomes
21 years of age according to sections 260C.193, subdivision 6, and 260C.451.
Minnesota Statutes 2022, section 260C.451, is amended by adding a subdivision
to read:
new text begin
(a) For a youth who will be discharged from foster care
at 21 years of age or older, the responsible social services agency must develop an individual
transition plan as directed by the youth during the 180-day period immediately prior to the
youth's expected date of discharge according to section 260C.452, subdivision 4. The youth's
individual transition plan may be shared with a contracted agency providing case management
services to the youth under section 260C.452.
new text end
new text begin
(b) As part of transition planning, the responsible social services agency must inform a
youth preparing to leave extended foster care of the youth's eligibility for the support beyond
21 program under subdivision 8b and must include that program in the individual transition
plan for the eligible youth. Consistent with section 13.46, the local social services agency
or initiative Tribe must refer a youth to the support beyond 21 program by providing the
contracted agency with the youth's contact information.
new text end
Minnesota Statutes 2022, section 260C.451, is amended by adding a subdivision
to read:
new text begin
(a) The commissioner shall establish the support
beyond 21 program to provide financial assistance to a youth leaving foster care to help
ensure that the youth's basic needs are met as the youth transitions into adulthood.
new text end
new text begin
(b) An individual who has left extended foster care and was discharged at the age of 21
under subdivision 3 is eligible for the support beyond 21 program.
new text end
new text begin
(c) An eligible youth receiving benefits under the support beyond 21 program is also
eligible for the successful transition to adulthood program under section 260C.452.
new text end
new text begin
(d) A youth who transitions to adult residential services under section 256B.092 or
256B.49 or a youth in a correctional facility licensed under section 241.021 is not eligible
for the support beyond 21 program.
new text end
new text begin
(e) To the extent that money is available under section 256.4792, an eligible youth who
participates in the support beyond 21 program must receive monthly financial assistance
for 12 months after the youth is discharged from extended foster care under subdivision 3.
The money is available to assist the youth in meeting basic well-being and housing needs
as determined solely by the youth. A grantee must reduce monthly payments quarterly.
Payments must be made by a grantee according to the requirements of section 256.4792.
new text end
Minnesota Statutes 2022, section 260C.704, is amended to read:
(a) A qualified individual must complete an assessment of the child prior to the child's
placement in a qualified residential treatment program in a format approved by the
commissioner of human services unless, due to a crisis, the child must immediately be
placed in a qualified residential treatment program. When a child must immediately be
placed in a qualified residential treatment program without an assessment, the qualified
individual must complete the child's assessment within 30 days of the child's placement.
The qualified individual must:
(1) assess the child's needs and strengths, using an age-appropriate, evidence-based,
validated, functional assessment approved by the commissioner of human services;
(2) determine whether the child's needs can be met by the child's family members or
through placement in a family foster home; or, if not, determine which residential setting
would provide the child with the most effective and appropriate level of care to the child
in the least restrictive environment;
(3) develop a list of short- and long-term mental and behavioral health goals for the
child; and
(4) work with the child's family and permanency team using culturally competent
practices.
If a level of care determination was conducted under section 245.4885, that information
must be shared with the qualified individual and the juvenile treatment screening team.
(b) The child and the child's parents, when appropriate, may request that a specific
culturally competent qualified individual complete the child's assessment. The agency shall
make efforts to refer the child to the identified qualified individual to complete the
assessment. The assessment must not be delayed for a specific qualified individual to
complete the assessment.
(c) The qualified individual must provide the assessment, when complete, to the
responsible social services agency. If the assessment recommends placement of the child
in a qualified residential treatment facility, the agency must distribute the assessment to the
child's parent or legal guardian and file the assessment with the court report as required in
section 260C.71, subdivision 2. If the assessment does not recommend placement in a
qualified residential treatment facility, the agency must provide a copy of the assessment
to the parents or legal guardians and the guardian ad litem and file the assessment
determination with the court at the next required hearing as required in section 260C.71,
subdivision 5. If court rules and chapter 13 permit disclosure of the results of the child's
assessment, the agency may share the results of the child's assessment with the child's foster
care provider, other members of the child's family, and the family and permanency team.
The agency must not share the child's private medical data with the family and permanency
team unless: (1) chapter 13 permits the agency to disclose the child's private medical data
to the family and permanency team; or (2) the child's parent has authorized the agency to
disclose the child's private medical data to the family and permanency team.
(d) For an Indian child, the assessment of the child must follow the order of placement
preferences in the Indian Child Welfare Act of 1978, United States Code, title 25, section
1915.
(e) In the assessment determination, the qualified individual must specify in writing:
(1) the reasons why the child's needs cannot be met by the child's family or in a family
foster home. A shortage of family foster homes is not an acceptable reason for determining
that a family foster home cannot meet a child's needs;
(2) why the recommended placement in a qualified residential treatment program will
provide the child with the most effective and appropriate level of care to meet the child's
needs in the least restrictive environment possible and how placing the child at the treatment
program is consistent with the short-term and long-term goals of the child's permanency
plan; and
(3) if the qualified individual's placement recommendation is not the placement setting
that the parent, family and permanency team, child, or tribe prefer, the qualified individual
must identify the reasons why the qualified individual does not recommend the parent's,
family and permanency team's, child's, or tribe's placement preferences. The out-of-home
placement plan under section 260C.708 must also include reasons why the qualified
individual did not recommend the preferences of the parents, family and permanency team,
child, or tribe.
(f) If the qualified individual determines that the child's family or a family foster home
or other less restrictive placement may meet the child's needs, the agency must move the
child out of the qualified residential treatment program and transition the child to a less
restrictive setting within 30 days of the determination. If the responsible social services
agency has placement authority of the child, the agency must make a plan for the child's
placement according to section 260C.212, subdivision 2. The agency must file the child's
assessment determination with the court at the next required hearing.
(g) If the qualified individual recommends placing the child in a qualified residential
treatment program and if the responsible social services agency has placement authority of
the child, the agency shall make referrals to appropriate qualified residential treatment
programs and, upon acceptance by an appropriate program, place the child in an approved
or certified qualified residential treatment program.
new text begin
(h) The commissioner shall establish a review process for a qualified individual's
completed assessment of a child. The commissioner must develop the review process with
county and Tribal agency representatives. The review process must ensure that the qualified
individual's assessment is an independent, objective assessment that recommends the least
restrictive setting to meet the child's needs.
new text end
Minnesota Statutes 2022, section 260C.708, is amended to read:
(a) When the responsible social services agency places a child in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d, the out-of-home
placement plan must include:
(1) the case plan requirements in section 260C.212;
(2) the reasonable and good faith efforts of the responsible social services agency to
identify and include all of the individuals required to be on the child's family and permanency
team under section 260C.007;
(3) all contact information for members of the child's family and permanency team and
for other relatives who are not part of the family and permanency team;
(4) evidence that the agency scheduled meetings of the family and permanency team,
including meetings relating to the assessment required under section 260C.704, at a time
and place convenient for the family;
(5) evidence that the family and permanency team is involved in the assessment required
under section 260C.704 to determine the appropriateness of the child's placement in a
qualified residential treatment program;
(6) the family and permanency team's placement preferences for the child in the
assessment required under section 260C.704. When making a decision about the child's
placement preferences, the family and permanency team must recognize:
(i) that the agency should place a child with the child's siblings unless a court finds that
placing a child with the child's siblings is not possible due to a child's specialized placement
needs or is otherwise contrary to the child's best interests; and
(ii) that the agency should place an Indian child according to the requirements of the
Indian Child Welfare Act, the Minnesota Family Preservation Act under sections 260.751
to 260.835, and section 260C.193, subdivision 3, paragraph (g);
(7) when reunification of the child with the child's parent or legal guardian is the agency's
goal, evidence demonstrating that the parent or legal guardian provided input about the
members of the family and permanency team under section 260C.706;
(8) when the agency's permanency goal is to reunify the child with the child's parent or
legal guardian, the out-of-home placement plan must identify services and supports that
maintain the parent-child relationship and the parent's legal authority, decision-making, and
responsibility for ongoing planning for the child. In addition, the agency must assist the
parent with visiting and contacting the child;
(9) when the agency's permanency goal is to transfer permanent legal and physical
custody of the child to a proposed guardian or to finalize the child's adoption, the case plan
must document the agency's steps to transfer permanent legal and physical custody of the
child or finalize adoption, as required in section 260C.212, subdivision 1, paragraph (c),
clauses (6) and (7); and
(10) the qualified individual's recommendation regarding the child's placement in a
qualified residential treatment program and the court approval or disapproval of the placement
as required in section 260C.71.
(b) If the placement preferences of the family and permanency team, child, and tribe, if
applicable, are not consistent with the placement setting that the qualified individual
recommends, the case plan must include the reasons why the qualified individual did not
recommend following the preferences of the family and permanency team, child, and the
tribe.
(c) The agency must file the out-of-home placement plan with the court as part of the
60-day court order under section 260C.71.
new text begin
(d) The agency must provide aftercare services as defined by the federal Family First
Prevention Services Act to the child for the six months following discharge from the qualified
residential treatment program. The services may include clinical care consultation, as defined
in section 256B.0671, subdivision 7, and family and youth peer specialists under section
256B.0616.
new text end
Minnesota Statutes 2022, section 260C.80, subdivision 1, is amended to read:
The Office of the Foster
Youth Ombudsperson is hereby created. The ombudsperson serves deleted text begin at the pleasure of thedeleted text end
deleted text begin governordeleted text end in the unclassified service, must be selected without regard to political affiliation,
and must be a person highly competent and qualified to work to improve the lives of youth
in the foster care system, while understanding the administration and public policy related
to youth in the foster care system. new text begin The ombudsperson may be removed only for just cause.
new text end No person may serve as the foster youth ombudsperson while holding any other public
office. The foster youth ombudsperson is accountable to the governor and may investigate
decisions, acts, and other matters related to the health, safety, and welfare of youth in foster
care to promote the highest attainable standards of competence, efficiency, and justice for
youth who are in the care of the state.
Minnesota Statutes 2022, section 260E.01, is amended to read:
deleted text begin (a)deleted text end The legislature hereby declares that the public policy of this state is to protect children
whose health or welfare may be jeopardized through maltreatment. While it is recognized
that most parents want to keep their children safe, sometimes circumstances or conditions
interfere with their ability to do so. When this occurs, the health and safety of the children
must be of paramount concern. Intervention and prevention efforts must address immediate
concerns for child safety and the ongoing risk of maltreatment and should engage the
protective capacities of families. In furtherance of this public policy, it is the intent of the
legislature under this chapter to:
(1) protect children and promote child safety;
(2) strengthen the family;
(3) make the home, school, and community safe for children by promoting responsible
child care in all settingsnew text begin , including through the reporting of child maltreatmentnew text end ; deleted text begin and
deleted text end
new text begin
(4) provide protective, family support, and family preservation services when appropriate;
and
new text end
deleted text begin (4)deleted text end new text begin (5)new text end provide, when necessary, a safe temporary or permanent home environment for
maltreated children.
deleted text begin
(b) In addition, it is the policy of this state to:
deleted text end
deleted text begin
(1) require the reporting of maltreatment of children in the home, school, and community
deleted text end
deleted text begin
settings;
deleted text end
deleted text begin
(2) provide for
deleted text end
deleted text begin
the
deleted text end
deleted text begin
voluntary reporting of maltreatment of children;
deleted text end
deleted text begin
(3) require an investigation when the report alleges sexual abuse or substantial child
deleted text end
deleted text begin
endangerment
deleted text end
deleted text begin
;
deleted text end
deleted text begin
(4) provide a family assessment, if appropriate, when the report does not allege sexual
deleted text end
deleted text begin
abuse or substantial child endangerment;
deleted text end
deleted text begin
and
deleted text end
deleted text begin
(5) provide protective, family support, and family preservation services when needed
in appropriate cases.
deleted text end
Minnesota Statutes 2022, section 260E.02, subdivision 1, is amended to read:
A county shall establish a multidisciplinary
child protection team that may include, but new text begin is new text end not deleted text begin bedeleted text end limited to, the director of the local
welfare agency or designees, the county attorney or designees, the county sheriff or designees,
representatives of health and education, representatives of mental healthnew text begin , representatives of
agencies providing specialized services or responding to youth who experience or are at
risk of experiencing sex trafficking or sexual exploitation,new text end or other appropriate human
services or community-based agencies, and parent groups. As used in this section, a
"community-based agency" may include, but is not limited to, schools, social services
agencies, family service and mental health collaboratives, children's advocacy centers, early
childhood and family education programs, Head Start, or other agencies serving children
and families. A member of the team must be designated as the lead person of the team
responsible for the planning process to develop standards for the team's activities with
battered women's and domestic abuse programs and services.
Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision
to read:
new text begin
"Noncaregiver sex trafficker" means an
individual who is alleged to have engaged in the act of sex trafficking a child and who is
not a person responsible for the child's care, who does not have a significant relationship
with the child as defined in section 609.341, and who is not a person in a current or recent
position of authority as defined in section 609.341, subdivision 10.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision
to read:
new text begin
"Noncaregiver sex trafficking
assessment" is a comprehensive assessment of child safety, the risk of subsequent child
maltreatment, and strengths and needs of the child and family. The local welfare agency
shall only perform a noncaregiver sex trafficking assessment when a maltreatment report
alleges sex trafficking of a child by someone other than the child's caregiver. A noncaregiver
sex trafficking assessment does not include a determination of whether child maltreatment
occurred. A noncaregiver sex trafficking assessment includes a determination of a family's
need for services to address the safety of the child or children, the safety of family members,
and the risk of subsequent child maltreatment.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.03, subdivision 22, is amended to read:
"Substantial child endangerment" means
that a person responsible for a child's care, by act or omission, commits or attempts to
commit an act against a child deleted text begin under theirdeleted text end new text begin in the person'snew text end care that constitutes any of the
following:
(1) egregious harm under subdivision 5;
(2) abandonment under section 260C.301, subdivision 2;
(3) neglect under subdivision 15, paragraph (a), clause (2), that substantially endangers
the child's physical or mental health, including a growth delay, which may be referred to
as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(5) manslaughter in the first or second degree under section 609.20 or 609.205;
(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(7)new text begin sex trafficking,new text end solicitation, inducement, deleted text begin anddeleted text end new text begin ornew text end promotion of prostitution under
section 609.322;
(8) criminal sexual conduct under sections 609.342 to 609.3451;
(9) sexual extortion under section 609.3458;
(10) solicitation of children to engage in sexual conduct under section 609.352;
(11) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;
(12) use of a minor in sexual performance under section 617.246; or
(13) parental behavior, status, or condition deleted text begin that mandates thatdeleted text end new text begin requiringnew text end the county
attorneynew text begin tonew text end file a termination of parental rights petition under section 260C.503, subdivision
2.
Minnesota Statutes 2022, section 260E.14, subdivision 2, is amended to read:
(a) The local welfare agency is the agency responsible for
investigating an allegation of sexual abuse if the alleged offender is the parent, guardian,
sibling, or an individual functioning within the family unit as a person responsible for the
child's care, or a person with a significant relationship to the child if that person resides in
the child's household.
(b) The local welfare agency is also responsible for new text begin assessing or new text end investigating when a
child is identified as a victim of sex trafficking.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.14, subdivision 5, is amended to read:
(a) The local law enforcement agency is the agency
responsible for investigating a report of maltreatment if a violation of a criminal statute is
alleged.
(b) Law enforcement and the responsible agency must coordinate their investigations
or assessments as required under this chapter when deleted text begin thedeleted text end new text begin : (1) anew text end report alleges maltreatment
that is a violation of a criminal statute by a person who is a parent, guardian, sibling, person
responsible for the child's care deleted text begin functioningdeleted text end within the family unit, ornew text begin by anew text end person who lives
in the child's household and who has a significant relationship to the childdeleted text begin ,deleted text end in a setting other
than a facility as defined in section 260E.03new text begin ; or (2) a report alleges sex trafficking of a childnew text end .
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.17, subdivision 1, is amended to read:
(a) Upon receipt of a report, the local welfare
agency shall determine whether to conduct a family assessment deleted text begin ordeleted text end new text begin ,new text end an investigationnew text begin , or a
noncaregiver sex trafficking assessmentnew text end as appropriate to prevent or provide a remedy for
maltreatment.
(b) The local welfare agency shall conduct an investigation when the report involves
sexual abusenew text begin , except as indicated in paragraph (f),new text end or substantial child endangerment.
(c) The local welfare agency shall begin an immediate investigation deleted text begin if,deleted text end at any time when
the local welfare agency is deleted text begin usingdeleted text end new text begin responding withnew text end a family assessment deleted text begin response,deleted text end new text begin andnew text end the
local welfare agency determines that there is reason to believe that sexual abuse deleted text begin ordeleted text end new text begin ,new text end substantial
child endangermentnew text begin ,new text end or a serious threat to the child's safety exists.
(d) The local welfare agency may conduct a family assessment for reports that do not
allege sexual abusenew text begin , except as indicated in paragraph (f),new text end or substantial child endangerment.
In determining that a family assessment is appropriate, the local welfare agency may consider
issues of child safety, parental cooperation, and the need for an immediate response.
(e) The local welfare agency may conduct a family assessment deleted text begin ondeleted text end new text begin fornew text end a report that was
initially screened and assigned for an investigation. In determining that a complete
investigation is not required, the local welfare agency must document the reason for
terminating the investigation and notify the local law enforcement agency if the local law
enforcement agency is conducting a joint investigation.
new text begin
(f) The local welfare agency shall conduct a noncaregiver sex trafficking assessment
when a maltreatment report alleges sex trafficking of a child and the alleged offender is a
noncaregiver sex trafficker as defined by section 260E.03, subdivision 15a.
new text end
new text begin
(g) During a noncaregiver sex trafficking assessment, the local welfare agency shall
initiate an immediate investigation if there is reason to believe that a child's parent, caregiver,
or household member allegedly engaged in the act of sex trafficking a child or was alleged
to have engaged in any conduct requiring the agency to conduct an investigation.
new text end
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.18, is amended to read:
The local welfare agency shall provide immediate notice, according to section 260.761,
subdivision 2, to an Indian child's tribe when the agency has reason to believe new text begin that new text end the family
assessment deleted text begin ordeleted text end new text begin ,new text end investigationnew text begin , or noncaregiver sex trafficking assessmentnew text end may involve an
Indian child. For purposes of this section, "immediate notice" means notice provided within
24 hours.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.20, subdivision 2, is amended to read:
(a) Upon receipt of a screened in report, the local welfare
agency shall deleted text begin conduct adeleted text end new text begin havenew text end face-to-face contact with the child reported to be maltreated
and with the child's primary caregiver sufficient to complete a safety assessment and ensure
the immediate safety of the child. When it is possible and the report alleges substantial child
endangerment or sexual abuse, the local welfare agency is not required to provide notice
before conducting the initial face-to-face contact with the child and the child's primary
caregiver.
(b)new text begin Except in a noncaregiver sex trafficking assessment,new text end thenew text begin local welfare agency shall
havenew text end face-to-face contact with the child and primary caregiver deleted text begin shall occurdeleted text end immediatelynew text begin after
the agency screens in a reportnew text end if sexual abuse or substantial child endangerment is alleged
and within five calendar daysnew text begin of a screened in reportnew text end for all other reports. If the alleged
offender was not already interviewed as the primary caregiver, the local welfare agency
shall also conduct a face-to-face interview with the alleged offender in the early stages of
the assessment or investigationnew text begin , except in a noncaregiver sex trafficking assessmentnew text end .
Face-to-face contact with the child and primary caregiver in response to a report alleging
sexual abuse or substantial child endangerment may be postponed for no more than five
calendar days if the child is residing in a location that is confirmed to restrict contact with
the alleged offender as established in guidelines issued by the commissioner, or if the local
welfare agency is pursuing a court order for the child's caregiver to produce the child for
questioning under section 260E.22, subdivision 5.
(c) At the initial contact with the alleged offender, the local welfare agency or the agency
responsible for assessing or investigating the report must inform the alleged offender of the
complaints or allegations made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The interview with the alleged
offender may be postponed if it would jeopardize an active law enforcement investigation.new text begin
In a noncaregiver sex trafficking assessment, the local child welfare agency is not required
to inform or interview the alleged offender.
new text end
(d) The local welfare agency or the agency responsible for assessing or investigating
the report must provide the alleged offender with an opportunity to make a statementnew text begin , except
in a noncaregiver sex trafficking assessmentnew text end . The alleged offender may submit supporting
documentation relevant to the assessment or investigation.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.24, subdivision 2, is amended to read:
After conducting a family assessmentnew text begin or a noncaregiver sex trafficking
assessmentnew text end , the local welfare agency shall determine whether child protective services are
needed to address the safety of the child and other family members and the risk of subsequent
maltreatment. The local welfare agency must document the information collected under
section 260E.20, subdivision 3, related to the completed family assessment in the child's or
family's case notes.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.24, subdivision 7, is amended to read:
Within ten working days of the conclusion of a family assessmentnew text begin
or a noncaregiver sex trafficking assessmentnew text end , the local welfare agency shall notify the parent
or guardian of the child of the need for services to address child safety concerns or significant
risk of subsequent maltreatment. The local welfare agency and the family may also jointly
agree that family support and family preservation services are needed.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.33, subdivision 1, is amended to read:
Administrative reconsideration is not applicable to a family assessment new text begin or
noncaregiver sex trafficking assessment new text end since no determination concerning maltreatment
is made.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 260E.35, subdivision 6, is amended to read:
(a) Notwithstanding sections 138.163 and 138.17, a record
maintained or a record derived from a report of maltreatment by a local welfare agency,
agency responsible for assessing or investigating the report, court services agency, or school
under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible
authority.
(b) For a report alleging maltreatment that was not accepted for new text begin an new text end assessment or new text begin an
new text end investigation, a family assessment case, new text begin a noncaregiver sex trafficking assessment case, new text end and
a case where an investigation results in no determination of maltreatment or the need for
child protective services, the record must be maintained for a period of five years after the
datenew text begin thatnew text end the report was not accepted for assessment or investigation or the date of the final
entry in the case record. A record of a report that was not accepted must contain sufficient
information to identify the subjects of the report, the nature of the alleged maltreatment,
and the reasons deleted text begin as todeleted text end why the report was not accepted. Records under this paragraph may
not be used for employment, background checks, or purposes other than to assist in future
screening decisions and risk and safety assessments.
(c) All records relating to reports that, upon investigation, indicate deleted text begin eitherdeleted text end maltreatment
or a need for child protective services shall be maintained for ten years after the date of the
final entry in the case record.
(d) All records regarding a report of maltreatment, including a notification of intent to
interview that was received by a school under section 260E.22, subdivision 7, shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.
(e) Private or confidential data released to a court services agency under subdivision 3,
paragraph (d), must be destroyed by the court services agency when ordered to do so by the
local welfare agency that released the data. The local welfare agency or agency responsible
for assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.
new text begin
This section is effective July 1, 2024.
new text end
new text begin
(a) The commissioner of human services must develop a plan to preserve and make
available the income and resources attributable to a child in foster care to meet the best
interests of the child. The plan must include recommendations on:
new text end
new text begin
(1) policies for youth and caregiver access to preserved federal cash assistance benefit
payments;
new text end
new text begin
(2) representative payees for children in voluntary foster care for treatment pursuant to
Minnesota Statutes, chapter 260D; and
new text end
new text begin
(3) family preservation and reunification.
new text end
new text begin
(b) For purposes of this section, "income and resources attributed to a child" means all
benefits from programs administered by the Social Security Administration, including but
not limited to retirement, survivors benefits, disability insurance programs, Supplemental
Security Income, veterans benefits, and railroad retirement benefits.
new text end
new text begin
(c) When developing the plan under this section, the commissioner shall consult or
engage with:
new text end
new text begin
(1) individuals or entities with experience in managing trusts and investment;
new text end
new text begin
(2) individuals or entities with expertise in providing tax advice;
new text end
new text begin
(3) individuals or entities with expertise in preserving assets to avoid any negative impact
on public assistance eligibility;
new text end
new text begin
(4) other relevant state agencies;
new text end
new text begin
(5) Tribal social services agencies;
new text end
new text begin
(6) counties;
new text end
new text begin
(7) the Children's Justice Initiative;
new text end
new text begin
(8) organizations that serve and advocate for children and families in the child protection
system;
new text end
new text begin
(9) parents, legal custodians, foster families, and kinship caregivers, to the extent possible;
new text end
new text begin
(10) youth who have been or are currently in out-of-home placement; and
new text end
new text begin
(11) other relevant stakeholders.
new text end
new text begin
(d) By December 15, 2023, each county shall provide the following data for fiscal years
2018 and 2021 to the commissioner or the commissioner's designee in a form prescribed
by the commissioner:
new text end
new text begin
(1) the nonduplicated number of children in foster care in the county who received
income and resources attributable to a child as defined in paragraph (b);
new text end
new text begin
(2) the number of children for whom the county was the representative payee for income
and resources attributable to a child;
new text end
new text begin
(3) the amount of money that the county received from income and resources attributable
to children in out-of-home placement for whom the county served as the representative
payee;
new text end
new text begin
(4) the county's policies and standards regarding collection and use of this money,
including:
new text end
new text begin
(i) how long after a child is in out-of-home placement does the county agency become
the representative payee;
new text end
new text begin
(ii) the disposition of any money that exceeds the costs for out-of-home placement for
a child;
new text end
new text begin
(iii) how the county complies with federal reporting requirements related to the use of
income and resources attributable to a child;
new text end
new text begin
(iv) whether the county uses income and resources attributable to a child for out-of-home
placement costs for other children who do not receive federal cash assistance benefit
payments; and
new text end
new text begin
(v) whether the county seeks repayment of federal income and resources attributable to
a child from the child's parents, who may have received such payments or resources while
the child is in out-of-home placement, and the ratio of requests for repayment to money
collected on an annual basis; and
new text end
new text begin
(5) other information as determined by the commissioner.
new text end
new text begin
(e) By January 15, 2025, the commissioner shall submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over human services and
child welfare outlining the plan developed under this section. The report must include a
projected timeline for implementing the plan, estimated implementation costs, and any
legislative actions that may be required to implement the plan. The report must also include
data provided by counties related to the requirements for the parent or custodian of a child
to reimburse a county for the cost of care, examination, or treatment in subdivision (f), and
a list of counties that failed to provide complete information and data to the commissioner
or the commissioner's designee as required under paragraph (d).
new text end
new text begin
(f) By December 15, 2023, every county shall provide the commissioner of human
services with the following data from fiscal years 2018 and 2021 in a form prescribed by
the commissioner:
new text end
new text begin
(1) the nonduplicated number of cases in which the county received payments from a
parent or custodian of a child to reimburse the cost of care, examination, or treatment; and
new text end
new text begin
(2) the total amount in payments that the county collected from a parent or custodian of
a child to reimburse the cost of care, examination or treatment.
new text end
new text begin
(g) The commissioner may contract with an individual or entity to collect and analyze
financial data reported by counties in paragraphs (d) and (f).
new text end
new text begin
(a) The commissioner of human services must contract with an independent consultant
to perform a thorough evaluation of the social services information system (SSIS) that
supports the child protection system in Minnesota. The consultant must make
recommendations for improving the current system for usability, system performance, and
federal Comprehensive Child Welfare Information System compliance, and must address
technical problems and identify any unnecessary or unduly burdensome data entry
requirements that have contributed to system capacity issues. The consultant must assist
the commissioner with selecting a platform for future development of an information
technology system for child protection.
new text end
new text begin
(b) The commissioner of human services must conduct a study and develop
recommendations to streamline and reduce SSIS data entry requirements for child protection
cases. The study must be completed in partnership with local social services agencies and
other entities, as determined by the commissioner. By June 30, 2024, the commissioner
must provide a status report to the chairs and ranking minority members of the legislative
committees with jurisdiction over child protection. The status report must include information
about the procedures used for soliciting ongoing user input from stakeholders, progress
made on soliciting and hiring a consultant to conduct the system evaluation required under
paragraph (a), and a report on progress and completed efforts to streamline data entry
requirements and improve user experiences.
new text end
new text begin
(a) By September 1, 2023, the commissioner of human services shall develop and make
available a survey of all county social services agencies, to gather the following data for
fiscal years 2018 to 2022:
new text end
new text begin
(1) the aggregate number of children who were placed for any period in a children's
residential facility under Minnesota Statutes, section 260.93, that is located in another state;
and
new text end
new text begin
(2) the total cost for these placements, including county, state, and federal contributions.
new text end
new text begin
(b) All county social services agencies shall complete the survey and submit responses
as prescribed by the commissioner, by January 31, 2024.
new text end
new text begin
(c) By March 1, 2024, the commissioner shall submit all survey responses and a list of
counties that complied and failed to comply with the requirements under this section to the
chairs and ranking minority members of the legislative committees with jurisdiction over
human services and child protection.
new text end
new text begin
The commissioner shall establish direct grants to
local social service agencies, Tribes, and other organizations to provide independent living
services to eligible foster youth as described under Minnesota Statutes, section 260C.452.
new text end
new text begin
The commissioner shall request proposals and make grants to
eligible applicants. The commissioner shall determine the timing and form of the application
and the criteria for making grant awards to eligible applicants.
new text end
new text begin
Grant recipients shall provide the commissioner with a
report that describes all of the activities and outcomes of services funded by the grant
program in a format and at a time determined by the commissioner.
new text end
new text begin
Undistributed funds must be reallocated by the
commissioner for the goals of the grant program. Undistributed funds are available until
expended.
new text end
new text begin
The informal caregiver support grant program is
established in the Department of Human Services for an eligible community-based nonprofit
organization to provide informal kinship caregivers, not restricted to familial status, with
connection to local and statewide resources and support that reduces the need for child
welfare involvement or risk of child welfare involvement.
new text end
new text begin
Eligible grantees are community-based nonprofit
organizations with a demonstrated history of kinship caregiver support, ability to increase
capacity of caregivers served, and ability to serve racially and geographically diverse
populations. Grantees shall be capable of developing informal kinship caregiver support in
alignment with a consistent set of replicable standards.
new text end
new text begin
Eligible grantees must use funds to assess informal
kinship caregiver and child needs, provide connection to local and statewide resources,
provide case management to assist with complex cases, and provide supports to reduce the
need for child welfare involvement or risk of child welfare involvement.
new text end
new text begin
(a) For purposes of this section, the following definitions
apply.
new text end
new text begin
(b) "Commissioner" means the commissioner of human services or the commissioner's
designee.
new text end
new text begin
(c) "Communities and families who lack opportunities" means any community or family
that experiences inequities in accessing supports and services due to the community's or
family's circumstances, including but not limited to racism, income, disability, language,
gender, and geography.
new text end
new text begin
(d) "Community resource center" means a community-based coordinated point of entry
that provides culturally responsive, relationship-based service navigation and other supportive
services for expecting and parenting families and youth.
new text end
new text begin
(e) "Culturally responsive, relationship-based service navigation" means the aiding of
families in finding services and supports that are meaningful to them in ways that are built
on trust and that use cultural values, beliefs, and practices of families, communities,
indigenous families, and Tribal Nations for case planning, service design, and
decision-making processes.
new text end
new text begin
(f) "Expecting and parenting family" means any configuration of parents, grandparents,
guardians, foster parents, kinship caregivers, and youth who are pregnant or expecting or
have children and youth they care for and support.
new text end
new text begin
(g) "Protective factors" means conditions, attributes, or strengths of individuals, families,
and communities, and in society that mitigate risk, promote the healthy development and
well-being of children, youth, and families, and help support families.
new text end
new text begin
The commissioner, in consultation
with other state agencies, partners, and the Community Resource Center Advisory Council,
may award grants to support planning, implementation, and evaluation of community
resource centers to provide culturally responsive, relationship-based service navigation,
parent, family, and caregiver supports to expecting and parenting families with a focus on
ensuring equitable access to programs and services that promote protective factors and
support children and families.
new text end
new text begin
The commissioner, in
consultation with the Community Resource Center Advisory Council, shall:
new text end
new text begin
(1) develop a request for proposals to support community resource centers;
new text end
new text begin
(2) provide outreach and technical assistance to support applicants with data or other
matters pertaining to equity of access to funding;
new text end
new text begin
(3) provide technical assistance to grantees, including but not limited to skill building
and professional development, trainings, evaluations, communities of practice, networking,
and trauma informed mental health consultation;
new text end
new text begin
(4) provide data collection and IT support; and
new text end
new text begin
(5) provide grant coordination and management focused on promoting equity and
accountability.
new text end
new text begin
At a minimum, grantees shall:
new text end
new text begin
(1) provide culturally responsive, relationship-based service navigation and supports for
expecting and parenting families;
new text end
new text begin
(2) improve community engagement and feedback gathering to support continuous
improvement and program planning to better promote protective factors;
new text end
new text begin
(3) demonstrate community-based planning with multiple partners;
new text end
new text begin
(4) develop or use an existing parent and family advisory council consisting of community
members with lived expertise to advise the work of the grantee; and
new text end
new text begin
(5) participate in program evaluation, data collection, and technical assistance activities.
new text end
new text begin
Organizations eligible to receive grant funding under this section
include:
new text end
new text begin
(1) community-based organizations, Tribal Nations, urban Indian organizations, local
and county government agencies, schools, nonprofit agencies or any cooperative of these
organizations; and
new text end
new text begin
(2) organizations or cooperatives supporting communities and families who lack
opportunities.
new text end
new text begin
(a) The commissioner, in consultation with other relevant state agencies, shall appoint
members to the Community Resource Center Advisory Council.
new text end
new text begin
(b) Membership must be demographically and geographically diverse and include:
new text end
new text begin
(1) parents and family members with lived experience who lack opportunities;
new text end
new text begin
(2) community-based organizations serving families who lack opportunities;
new text end
new text begin
(3) Tribal and urban American Indian representatives;
new text end
new text begin
(4) county government representatives;
new text end
new text begin
(5) school and school district representatives; and
new text end
new text begin
(6) state partner representatives.
new text end
new text begin
(c) Duties of the Community Resource Center Advisory Council include but are not
limited to:
new text end
new text begin
(1) advising the commissioner on the development and funding of a network of
community resource centers;
new text end
new text begin
(2) advising the commissioner on the development of requests for proposals and grant
award processes;
new text end
new text begin
(3) advising the commissioner on the development of program outcomes and
accountability measures; and
new text end
new text begin
(4) advising the commissioner on ongoing governance and necessary support in the
implementation of community resource centers.
new text end
new text begin
Grantees must report program data and outcomes to the
commissioner in a manner determined by the commissioner and the Community Resource
Center Advisory Council.
new text end
new text begin
The commissioner, in partnership with the Community Resource
Center Advisory Council, shall develop an outcome and evaluation plan. By July 1, 2025,
the Community Resource Center Advisory Council must provide a report to the commissioner
and the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services that reflects the duties of the Community Resource Center
Advisory Council in subdivision 6 and may describe outcomes and impacts related to equity,
community partnerships, program and service availability, child development, family
well-being, and child welfare system involvement.
new text end
Minnesota Statutes 2022, section 518A.31, is amended to read:
(a) The amount of the monthly Social Security benefits or apportioned veterans' benefits
provided for a joint child shall be included in the gross income of the parent on whose
eligibility the benefits are based.
(b) The amount of the monthly survivors' and dependents' educational assistance provided
for a joint child shall be included in the gross income of the parent on whose eligibility the
benefits are based.
(c) If Social Security or apportioned veterans' benefits are provided for a joint child
based on the eligibility of the obligor, and are received by the obligee as a representative
payee for the child or by the child attending school, then the amount of the benefits shall
also be subtracted from the obligor's net child support obligation as calculated pursuant to
section 518A.34.
(d) If the survivors' and dependents' educational assistance is provided for a joint child
based on the eligibility of the obligor, and is received by the obligee as a representative
payee for the child or by the child attending school, then the amount of the assistance shall
also be subtracted from the obligor's net child support obligation as calculated under section
518A.34.
new text begin
(e) Upon a motion to modify child support, any regular or lump sum payment of Social
Security or apportioned veterans' benefit received by the obligee for the benefit of the joint
child based upon the obligor's disability prior to filing the motion to modify may be used
to satisfy arrears that remain due for the period of time for which the benefit was received.
This paragraph applies only if the derivative benefit was not considered in the guidelines
calculation of the previous child support order.
new text end
new text begin
This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 518A.32, subdivision 3, is amended to read:
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; deleted text begin or
deleted text end
(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 .deleted text end new text begin ; or
new text end
new text begin
(4) a governmental agency authorized to determine eligibility for general assistance or
supplemental Social Security income has determined that the individual is eligible to receive
general assistance or supplemental Social Security income. Actual income earned by the
parent may be considered for the purpose of calculating child support.
new text end
new text begin
This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 518A.32, subdivision 4, is amended to read:
If the parent of a joint child is a recipient of a
temporary assistance to a needy family (TANF) cash grantdeleted text begin ,deleted text end new text begin or comparable state-funded
Minnesota family investment program (MFIP) benefits,new text end no potential income is to be imputed
to that parent.
new text begin
This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 518A.34, is amended to read:
(a) To determine the presumptive child support obligation of a parent, the court shall
follow the procedure set forth in this section.
(b) To determine the obligor's basic support obligation, the court shall:
(1) determine the gross income of each parent under section 518A.29;
(2) calculate the parental income for determining child support (PICS) of each parent,
by subtracting from the gross income the credit, if any, for each parent's nonjoint children
under section 518A.33;
(3) determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;
(4) determine the combined basic support obligation by application of the guidelines in
section 518A.35;
(5) determine each parent's share of the combined basic support obligation by multiplying
the percentage figure from clause (3) by the combined basic support obligation in clause
(4); and
(6) apply the parenting expense adjustment formula provided in section 518A.36 to
determine the obligor's basic support obligation.
(c) If the parents have split custody of joint children, child support must be calculated
for each joint child as follows:
(1) the court shall determine each parent's basic support obligation under paragraph (b)
and include the amount of each parent's obligation in the court order. If the basic support
calculation results in each parent owing support to the other, the court shall offset the higher
basic support obligation with the lower basic support obligation to determine the amount
to be paid by the parent with the higher obligation to the parent with the lower obligation.
For the purpose of the cost-of-living adjustment required under section 518A.75, the
adjustment must be based on each parent's basic support obligation prior to offset. For the
purposes of this paragraph, "split custody" means that there are two or more joint children
and each parent has at least one joint child more than 50 percent of the time;
(2) if each parent pays all child care expenses for at least one joint child, the court shall
calculate child care support for each joint child as provided in section 518A.40. The court
shall determine each parent's child care support obligation and include the amount of each
parent's obligation in the court order. If the child care support calculation results in each
parent owing support to the other, the court shall offset the higher child care support
obligation with the lower child care support obligation to determine the amount to be paid
by the parent with the higher obligation to the parent with the lower obligation; and
(3) if each parent pays all medical or dental insurance expenses for at least one joint
child, medical support shall be calculated for each joint child as provided in section 518A.41.
The court shall determine each parent's medical support obligation and include the amount
of each parent's obligation in the court order. If the medical support calculation results in
each parent owing support to the other, the court shall offset the higher medical support
obligation with the lower medical support obligation to determine the amount to be paid by
the parent with the higher obligation to the parent with the lower obligation. Unreimbursed
and uninsured medical expenses are not included in the presumptive amount of support
owed by a parent and are calculated and collected as provided in section 518A.41.
(d) The court shall determine the child care support obligation for the obligor as provided
in section 518A.40.
(e) The court shall determine the medical support obligation for each parent as provided
in section 518A.41. Unreimbursed and uninsured medical expenses are not included in the
presumptive amount of support owed by a parent and are calculated and collected as described
in section 518A.41.
(f) The court shall determine each parent's total child support obligation by adding
together each parent's basic support, child care support, and health care coverage obligations
as provided in this section.
(g) If Social Security benefits or veterans' benefits are received by one parent as a
representative payee for a joint child based on the other parent's eligibility, the court shall
subtract the amount of benefits from the other parent's net child support obligation, if any.new text begin
Any benefit received by the obligee for the benefit of the joint child based upon the obligor's
disability or past earnings in any given month in excess of the child support obligation must
not be treated as an arrearage payment or a future payment.
new text end
(h) The final child support order shall separately designate the amount owed for basic
support, child care support, and medical support. If applicable, the court shall use the
self-support adjustment and minimum support adjustment under section 518A.42 to determine
the obligor's child support obligation.
new text begin
This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 518A.41, is amended to read:
The definitions in this subdivision apply to this chapter and
chapter 518.
(a) "Health care coverage" means deleted text begin medical, dental, or other health care benefits that are
provided by one or more health plans. Health care coverage does not include any form of
public coveragedeleted text end new text begin private health care coverage, including fee for service, health maintenance
organization, preferred provider organization, and other types of private health care coverage.
Health care coverage also means public health care coverage under which medical or dental
services could be provided to a dependent childnew text end .
deleted text begin
(b) "Health carrier" means a carrier as defined in sections 62A.011, subdivision 2, and
62L.02, subdivision 16.
deleted text end
deleted text begin (c) "Health plan"deleted text end new text begin (b) "Private health care coverage"new text end means a new text begin health new text end plandeleted text begin , other than any
form of public coverage,deleted text end that provides medical, dental, or other health care benefits and is:
(1) provided on an individual or group basis;
(2) provided by an employer or union;
(3) purchased in the private market; deleted text begin or
deleted text end
new text begin
(4) provided through MinnesotaCare under chapter 256L; or
new text end
deleted text begin (4)deleted text end new text begin (5)new text end available to a person eligible to carry insurance for the joint child, including a
party's spouse or parent.
deleted text begin Health plandeleted text end new text begin Private health care coveragenew text end includes, but is not limited to, a new text begin health new text end plan meeting
the definition under section 62A.011, subdivision 3, except that the exclusion of coverage
designed solely to provide dental or vision care under section 62A.011, subdivision 3, clause
(6), does not apply to the definition of deleted text begin health plandeleted text end new text begin private health care coveragenew text end under this
section; a group health plan governed under the federal Employee Retirement Income
Security Act of 1974 (ERISA); a self-insured plan under sections 43A.23 to 43A.317 and
471.617; and a policy, contract, or certificate issued by a community-integrated service
network licensed under chapter 62N.
new text begin
(c) "Public health care coverage" means health care benefits provided by any form of
medical assistance under chapter 256B. Public health care coverage does not include
MinnesotaCare or health plans subsidized by federal premium tax credits or federal
cost-sharing reductions.
new text end
(d) "Medical support" means providing health care coverage for a joint child deleted text begin by carrying
health care coverage for the joint child ordeleted text end by contributing to the cost of health care coverage,deleted text begin
public coverage,deleted text end unreimbursed deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses, and uninsured deleted text begin medicaldeleted text end new text begin
health-relatednew text end expenses of the joint child.
(e) "National medical support notice" means an administrative notice issued by the public
authority to enforce health insurance provisions of a support order in accordance with Code
of Federal Regulations, title 45, section 303.32, in cases where the public authority provides
support enforcement services.
deleted text begin
(f) "Public coverage" means health care benefits provided by any form of medical
assistance under chapter 256B. Public coverage does not include MinnesotaCare or health
plans subsidized by federal premium tax credits or federal cost-sharing reductions.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end "Uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses" means a joint child's reasonable and
necessary deleted text begin health-relateddeleted text end new text begin medical and dentalnew text end expenses if the joint child is not covered by deleted text begin a
health plan or public coveragedeleted text end new text begin private health insurance carenew text end when the expenses are incurred.
deleted text begin (h)deleted text end new text begin (g)new text end "Unreimbursed deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses" means a joint child's reasonable
and necessary deleted text begin health-relateddeleted text end new text begin medical and dentalnew text end expenses if a joint child is covered by deleted text begin a
health plan or public coveragedeleted text end new text begin health care coveragenew text end and deleted text begin the plan ordeleted text end new text begin health carenew text end coverage
does not pay for the total cost of the expenses when the expenses are incurred. Unreimbursed
deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses do not include the cost of premiums. Unreimbursed deleted text begin medicaldeleted text end new text begin
health-relatednew text end expenses include, but are not limited to, deductibles, co-payments, and
expenses for orthodontia, and prescription eyeglasses and contact lenses, but not
over-the-counter medications if deleted text begin coverage is under a health plandeleted text end new text begin provided through health
care coveragenew text end .
(a) A completed national medical support notice issued by the public
authority or a court order that complies with this section is a qualified medical child support
order under the federal Employee Retirement Income Security Act of 1974 (ERISA), United
States Code, title 29, section 1169(a).
(b) Every order addressing child support must state:
(1) the names, last known addresses, and Social Security numbers of the parents and the
joint child that is a subject of the order unless the court prohibits the inclusion of an address
or Social Security number and orders the parents to provide the address and Social Security
number to the administrator of the health plan;
(2) deleted text begin if a joint child is not presently enrolled in health care coverage,deleted text end whether appropriate
health care coverage for the joint child is available and, if so, state:
(i) the parents' responsibilities for carrying health care coverage;
(ii) the cost of premiums and how the cost is allocated between the parents; deleted text begin and
deleted text end
(iii) the circumstances, if any, under which an obligation to provide new text begin private new text end health care
coverage for the joint child will shift from one parent to the other;new text begin and
new text end
deleted text begin (3) if appropriate health care coverage is not available for the joint child,deleted text end new text begin (iv)new text end whether
a contribution for deleted text begin medical supportdeleted text end new text begin public health care coveragenew text end is required; and
deleted text begin (4)deleted text end new text begin (3)new text end how unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses will be allocated
between the parents.
new text begin Public health care coverage
is presumed appropriate.new text end In determining whether a parent has appropriate new text begin private new text end health
care coverage for the joint child, the court must consider the following factors:
(1) comprehensiveness of new text begin private new text end health care coverage providing medical benefits.
Dependent new text begin private new text end health care coverage providing medical benefits is presumed
comprehensive if it includes medical and hospital coverage and provides for preventive,
emergency, acute, and chronic care; or if it meets the minimum essential coverage definition
in United States Code, title 26, section 5000A(f). If both parents have new text begin private new text end health care
coverage providing medical benefits that is presumed comprehensive under this paragraph,
the court must determine which parent's new text begin private health care new text end coverage is more comprehensive
by considering what other benefits are included in the new text begin private health care new text end coverage;
(2) accessibility. Dependent new text begin private new text end health care coverage is accessible if the covered
joint child can obtain services from a health plan provider with reasonable effort by the
parent with whom the joint child resides. new text begin Private new text end health care coverage is presumed accessible
if:
(i) primary care is available within 30 minutes or 30 miles of the joint child's residence
and specialty care is available within 60 minutes or 60 miles of the joint child's residence;
(ii) the new text begin private new text end health care coverage is available through an employer and the employee
can be expected to remain employed for a reasonable amount of time; and
(iii) no preexisting conditions exist to unduly delay enrollment in new text begin private new text end health care
coverage;
(3) the joint child's special medical needs, if any; and
(4) affordability. Dependent new text begin private new text end health care coverage is new text begin presumed new text end affordable if deleted text begin it is
reasonable in cost. If both parents have health care coverage available for a joint child that
is comparable with regard to comprehensiveness of medical benefits, accessibility, and the
joint child's special needs, the least costly health care coverage is presumed to be the most
appropriate health care coverage for the joint childdeleted text end new text begin the premium to cover the marginal cost
of the joint child does not exceed five percent of the parents' combined monthly PICS. A
court may additionally consider high deductibles and the cost to enroll the parent if the
parent must enroll themselves in private health care coverage to access private health care
coverage for the childnew text end .
deleted text begin
(a) If a joint child is presently enrolled in
health care coverage, the court must order that the parent who currently has the joint child
enrolled continue that enrollment unless the parties agree otherwise or a party requests a
change in coverage and the court determines that other health care coverage is more
appropriate.
deleted text end
deleted text begin
(b) If a joint child is not presently enrolled in health care coverage providing medical
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate health care coverage providing medical benefits for
the joint child.
deleted text end
new text begin
(a) If a joint child is presently enrolled in health care coverage, the court shall order that
the parent who currently has the joint child enrolled in health care coverage continue that
enrollment if the health care coverage is appropriate as defined under subdivision 3.
new text end
deleted text begin (c)deleted text end new text begin (b)new text end If only one parent has appropriate health care coverage providing medical benefits
available, the court must order that parent to carry the coverage for the joint child.
deleted text begin (d)deleted text end new text begin (c)new text end If both parents have appropriate health care coverage providing medical benefits
available, the court must order the parent with whom the joint child resides to carry the
new text begin health care new text end coverage for the joint child, unless:
(1) a party expresses a preference fornew text begin privatenew text end health care coverage providing medical
benefits available through the parent with whom the joint child does not reside;
(2) the parent with whom the joint child does not reside is already carrying dependent
new text begin private new text end health care coverage providing medical benefits for other children and the cost of
contributing to the premiums of the other parent's new text begin health care new text end coverage would cause the
parent with whom the joint child does not reside extreme hardship; or
(3) the parties agree as to which parent will carry health care coverage providing medical
benefits and agree on the allocation of costs.
deleted text begin (e)deleted text end new text begin (d)new text end If the exception in paragraph deleted text begin (d)deleted text end new text begin (c)new text end , clause (1) or (2), applies, the court must
determine which parent has the most appropriate new text begin health care new text end coverage providing medical
benefits available and order that parent to carry new text begin health care new text end coverage for the joint child.
deleted text begin (f)deleted text end new text begin (e)new text end If neither parent has appropriate health care coverage available, the court must
order the parents todeleted text begin :
deleted text end
deleted text begin (1)deleted text end contribute toward the actual health care costs of the joint children based on a pro
rata sharedeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(2) if the joint child is receiving any form of public coverage, the parent with whom the
joint child does not reside shall contribute a monthly amount toward the actual cost of public
coverage. The amount of the noncustodial parent's contribution is determined by applying
the noncustodial parent's PICS to the premium scale for MinnesotaCare under section
256L.15, subdivision 2, paragraph (d). If the noncustodial parent's PICS meets the eligibility
requirements for MinnesotaCare, the contribution is the amount the noncustodial parent
would pay for the child's premium. If the noncustodial parent's PICS exceeds the eligibility
requirements, the contribution is the amount of the premium for the highest eligible income
on the premium scale for MinnesotaCare under section 256L.15, subdivision 2, paragraph
(d). For purposes of determining the premium amount, the noncustodial parent's household
size is equal to one parent plus the child or children who are the subject of the child support
order. The custodial parent's obligation is determined under the requirements for public
coverage as set forth in chapter 256B; or
deleted text end
deleted text begin
(3) if the noncustodial parent's PICS meet the eligibility requirement for public coverage
under chapter 256B or the noncustodial parent receives public assistance, the noncustodial
parent must not be ordered to contribute toward the cost of public coverage.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end If neither parent has appropriate health care coverage available, the court may
order the parent with whom the child resides to apply for publicnew text begin health carenew text end coverage for
the child.
deleted text begin
(h) The commissioner of human services must publish a table with the premium schedule
for public coverage and update the chart for changes to the schedule by July 1 of each year.
deleted text end
deleted text begin (i)deleted text end new text begin (g)new text end If a joint child is not presently enrolled in new text begin private new text end health care coverage providing
dental benefits, upon motion of a parent or the public authority, the court must determine
whether one or both parents have appropriate deleted text begin dentaldeleted text end new text begin private new text end health care coverage new text begin providing
dental benefits new text end for the joint child, and the court may order a parent with appropriate deleted text begin dentaldeleted text end new text begin
privatenew text end health care coverage new text begin providing dental benefits new text end available to carry the new text begin health care
new text end coverage for the joint child.
deleted text begin (j)deleted text end new text begin (h)new text end If a joint child is not presently enrolled in available new text begin private new text end health care coverage
providing benefits other than medical benefits or dental benefits, upon motion of a parent
or the public authority, the court may determine whether deleted text begin that otherdeleted text end new text begin privatenew text end health care
coverage new text begin providing other health benefits new text end for the joint child is appropriate, and the court may
order a parent with that appropriate new text begin private new text end health care coverage available to carry the
coverage for the joint child.
(a) Unless otherwise agreed to by the parties and approved by the court, the court
must order that the cost of new text begin private new text end health care coverage and all unreimbursed and uninsured
deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses deleted text begin under the health plandeleted text end be divided between the obligor and
obligee based on their proportionate share of the parties' combined monthly PICS. The
amount allocated for medical support is considered child support but is not subject to a
cost-of-living adjustment under section 518A.75.
(b) If a party owes a deleted text begin joint childdeleted text end new text begin basicnew text end support obligation for a new text begin joint new text end child and is ordered
to carry new text begin private new text end health care coverage for the joint child, and the other party is ordered to
contribute to the carrying party's cost for coverage, the carrying party's deleted text begin childdeleted text end new text begin basicnew text end support
payment must be reduced by the amount of the contributing party's contribution.
(c) If a party owes a deleted text begin joint childdeleted text end new text begin basic new text end support obligation for a new text begin joint new text end child and is ordered
to contribute to the other party's cost for carrying new text begin private new text end health care coverage for the joint
child, the contributing party's child support payment must be increased by the amount of
the contribution.new text begin The contribution toward private health care coverage must not be charged
in any month in which the party ordered to carry private health care coverage fails to maintain
private coverage.
new text end
(d) If the party ordered to carry new text begin private new text end health care coverage for the joint child already
carries dependent new text begin private new text end health care coverage for other dependents and would incur no
additional premium costs to add the joint child to the existing new text begin health care new text end coverage, the court
must not order the other party to contribute to the premium costs for new text begin health care new text end coverage
of the joint child.
(e) If a party ordered to carrynew text begin privatenew text end health care coverage for the joint child does not
already carry dependent new text begin private new text end health care coverage but has other dependents who may be
added to the ordered new text begin health care new text end coverage, the full premium costs of the dependent new text begin private
new text end health care coverage must be allocated between the parties in proportion to the party's share
of the parties' combined new text begin monthly new text end PICS, unless the parties agree otherwise.
(f) If a party ordered to carry new text begin private new text end health care coverage for the joint child is required
to enroll in a health plan so that the joint child can be enrolled in dependent new text begin private new text end health
care coverage under the plan, the court must allocate the costs of the dependent new text begin private
new text end health care coverage between the parties. The costs of thenew text begin privatenew text end health care coverage for
the party ordered to carry the new text begin health care new text end coverage for the joint child must not be allocated
between the parties.
new text begin
(g) If the joint child is receiving any form of public health care coverage:
new text end
new text begin
(1) the parent with whom the joint child does not reside shall contribute a monthly
amount toward the actual cost of public health care coverage. The amount of the noncustodial
parent's contribution is determined by applying the noncustodial parent's PICS to the premium
scale for MinnesotaCare under section 256L.15, subdivision 2, paragraph (d). If the
noncustodial parent's PICS meets the eligibility requirements for MinnesotaCare, the
contribution is the amount that the noncustodial parent would pay for the child's premium;
new text end
new text begin
(2) if the noncustodial parent's PICS exceeds the eligibility requirements, the contribution
is the amount of the premium for the highest eligible income on the premium scale for
MinnesotaCare under section 256L.15, subdivision 2, paragraph (d). For purposes of
determining the premium amount, the noncustodial parent's household size is equal to one
parent plus the child or children who are the subject of the order;
new text end
new text begin
(3) the custodial parent's obligation is determined under the requirements for public
health care coverage in chapter 256B; or
new text end
new text begin
(4) if the noncustodial parent's PICS is less than 200 percent of the federal poverty
guidelines for one person or the noncustodial parent receives public assistance, the
noncustodial parent must not be ordered to contribute toward the cost of public health care
coverage.
new text end
new text begin
(h) The commissioner of human services must publish a table for section 256L.15,
subdivision 2, paragraph (d), and update the table with changes to the schedule by July 1
of each year.
new text end
(a)
The public authority must forward a copy of the national medical support notice or court
order for new text begin private new text end health care coverage to the party's employer within two business days after
the date the party is entered into the work reporting system under section 256.998.
(b) The public authority or a party seeking to enforce an order for new text begin private new text end health care
coverage must forward a copy of the national medical support notice or court order to the
obligor's employer or union, or to the health carrier under the following circumstances:
(1) the party ordered to carry new text begin private new text end health care coverage for the joint child fails to
provide written proof to the other party or the public authority, within 30 days of the effective
date of the court order, that the party has applied for new text begin private new text end health care coverage for the
joint child;
(2) the party seeking to enforce the order or the public authority gives written notice to
the party ordered to carry new text begin private new text end health care coverage for the joint child of its intent to
enforce medical support. The party seeking to enforce the order or public authority must
mail the written notice to the last known address of the party ordered to carry new text begin private new text end health
care coverage for the joint child; and
(3) the party ordered to carry new text begin private new text end health care coverage for the joint child fails, within
15 days after the date on which the written notice under clause (2) was mailed, to provide
written proof to the other party or the public authority that the party has applied for new text begin private
new text end health care coverage for the joint child.
(c) The public authority is not required to forward a copy of the national medical support
notice or court order to the obligor's employer or union, or to the health carrier, if the court
orders new text begin private new text end health care coverage for the joint child that is not employer-based or
union-based coverage.
(a) An employer or union must forward
the national medical support notice or court order to its health plan within 20 business days
after the date on the national medical support notice or after receipt of the court order.
(b) Upon determination by an employer's or union's health plan administrator that a joint
child is eligible to be covered under the health plan, the employer or union and health plan
must enroll the joint child as a beneficiary in the health plan, and the employer must withhold
any required premiums from the income or wages of the party ordered to carry health care
coverage for the joint child.
(c) If enrollment of the party ordered to carry new text begin private new text end health care coverage for a joint
child is necessary to obtain dependent new text begin private new text end health care coverage under the plan, and the
party is not enrolled in the health plan, the employer or union must enroll the party in the
plan.
(d) Enrollment of dependents and, if necessary, the party ordered to carry new text begin private new text end health
care coverage for the joint child must be immediate and not dependent upon open enrollment
periods. Enrollment is not subject to the underwriting policies under section 62A.048.
(e) Failure of the party ordered to carry new text begin private new text end health care coverage for the joint child
to execute any documents necessary to enroll the dependent in the health plan does not
affect the obligation of the employer or union and health plan to enroll the dependent in a
plan. Information and authorization provided by the public authority, or by a party or
guardian, is valid for the purposes of meeting enrollment requirements of the health plan.
(f) An employer or union that is included under the federal Employee Retirement Income
Security Act of 1974 (ERISA), United States Code, title 29, section 1169(a), may not deny
enrollment to the joint child or to the parent if necessary to enroll the joint child based on
exclusionary clauses described in section 62A.048.
(g) A new employer or union of a party who is ordered to provide new text begin private new text end health care
coverage for a joint child must enroll the joint child in the party's health plan as required
by a national medical support notice or court order.
(a) If a health plan administrator receives a
completed national medical support notice or court order, the plan administrator must notify
the parties, and the public authority if the public authority provides support enforcement
services, within 40 business days after the date of the notice or after receipt of the court
order, of the following:
(1) whether new text begin health care new text end coverage is available to the joint child under the terms of the
health plan and, if not, the reason why new text begin health care new text end coverage is not available;
(2) whether the joint child is covered under the health plan;
(3) the effective date of the joint child's coverage under the health plan; and
(4) what steps, if any, are required to effectuate the joint child's coverage under the health
plan.
(b) If the employer or union offers more than one plan and the national medical support
notice or court order does not specify the plan to be carried, the plan administrator must
notify the parents and the public authority if the public authority provides support
enforcement services. When there is more than one option available under the plan, the
public authority, in consultation with the parent with whom the joint child resides, must
promptly select from available plan options.
(c) The plan administrator must provide the parents and public authority, if the public
authority provides support enforcement services, with a notice of the joint child's enrollment,
description of the new text begin health care new text end coverage, and any documents necessary to effectuate coverage.
(d) The health plan must send copies of all correspondence regarding the new text begin private new text end health
care coverage to the parents.
(e) An insured joint child's parent's signature is a valid authorization to a health plan for
purposes of processing an insurance reimbursement payment to the medical services provider
or to the parent, if medical services have been prepaid by that parent.
(a) An employer or union that willfully fails to
comply with the order or notice is liable for any uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
incurred by the dependents while the dependents were eligible to be enrolled in the health
plan and for any other premium costs incurred because the employer or union willfully
failed to comply with the order or notice.
(b) An employer or union that fails to comply with the order or notice is subject to a
contempt finding, a $250 civil penalty under section 518A.73, and is subject to a civil penalty
of $500 to be paid to the party entitled to reimbursement or the public authority. Penalties
paid to the public authority are designated for child support enforcement services.
(a) A party may contest a joint child's enrollment in
a health plan on the limited grounds that the enrollment is improper due to mistake of fact
or that the enrollment meets the requirements of section 518.145.
(b) If the party chooses to contest the enrollment, the party must do so no later than 15
days after the employer notifies the party of the enrollment by doing the following:
(1) filing a motion in district court or according to section 484.702 and the expedited
child support process rules if the public authority provides support enforcement services;
(2) serving the motion on the other party and public authority if the public authority
provides support enforcement services; and
(3) securing a date for the matter to be heard no later than 45 days after the notice of
enrollment.
(c) The enrollment must remain in place while the party contests the enrollment.
(a) Unless a
court order provides otherwise, a child for whom a party is required to provide new text begin private new text end health
care coverage under this section must be covered as a dependent of the party until the child
is emancipated, until further order of the court, or as consistent with the terms of the new text begin health
care new text end coverage.
(b) The health carrier, employer, or union may not disenroll or eliminate new text begin health care
new text end coverage for the child unless:
(1) the health carrier, employer, or union is provided satisfactory written evidence that
the court order is no longer in effect;
(2) the joint child is or will be enrolled in comparable new text begin private new text end health care coverage
through another health plan that will take effect no later than the effective date of the
disenrollment;
(3) the employee is no longer eligible for dependent new text begin health care new text end coverage; or
(4) the required premium has not been paid by or on behalf of the joint child.
(c) The health plan must provide 30 days' written notice to the joint child's parents, and
the public authority if the public authority provides support enforcement services, before
the health plan disenrolls or eliminates the joint child's new text begin health care new text end coverage.
(d) A joint child enrolled in new text begin private new text end health care coverage under a qualified medical child
support order, including a national medical support notice, under this section is a dependent
and a qualified beneficiary under the Consolidated Omnibus Budget and Reconciliation Act
of 1985 (COBRA), Public Law 99-272. Upon expiration of the order, the joint child is
entitled to the opportunity to elect continued new text begin health care new text end coverage that is available under
the health plan. The employer or union must provide notice to the parties and the public
authority, if it provides support services, within ten days of the termination date.
(e) If the public authority provides support enforcement services and a plan administrator
reports to the public authority that there is more than one coverage option available under
the health plan, the public authority, in consultation with the parent with whom the joint
child resides, must promptly select new text begin health care new text end coverage from the available options.
The court must require the parent with
whom the joint child does not reside to provide dependent new text begin private new text end health care coverage for
the benefit of the parent with whom the joint child resides if the parent with whom the child
does not reside is ordered to provide dependent new text begin private new text end health care coverage for the parties'
joint child and adding the other parent to the new text begin health care new text end coverage results in no additional
premium cost.
(a) If the public authority provides support
enforcement services, the parties must provide the public authority with the following
information:
(1) information relating to dependent health care coverage deleted text begin or public coveragedeleted text end available
for the benefit of the joint child for whom support is sought, including all information
required to be included in a medical support order under this section;
(2) verification that application for court-ordered health care coverage was made within
30 days of the court's order; and
(3) the reason that a joint child is not enrolled in court-ordered health care coverage, if
a joint child is not enrolled in new text begin health care new text end coverage or subsequently loses new text begin health care new text end coverage.
(b) Upon request from the public authority under section 256.978, an employer, union,
or plan administrator, including an employer subject to the federal Employee Retirement
Income Security Act of 1974 (ERISA), United States Code, title 29, section 1169(a), must
provide the public authority the following information:
(1) information relating to dependent new text begin private new text end health care coverage available to a party
for the benefit of the joint child for whom support is sought, including all information
required to be included in a medical support order under this section; and
(2) information that will enable the public authority to determine whether a health plan
is appropriate for a joint child, including, but not limited to, all available plan options, any
geographic service restrictions, and the location of service providers.
(c) The employer, union, or plan administrator must not release information regarding
one party to the other party. The employer, union, or plan administrator must provide both
parties with insurance identification cards and all necessary written information to enable
the parties to utilize the insurance benefits for the covered dependent.
(d) The public authority is authorized to release to a party's employer, union, or health
plan information necessary to verify availability of dependent new text begin private new text end health care coverage,
or to establish, modify, or enforce medical support.
(e) An employee must disclose to an employer if medical support is required to be
withheld under this section and the employer must begin withholding according to the terms
of the order and under section 518A.53. If an employee discloses an obligation to obtain
new text begin private new text end health care coverage and new text begin health care new text end coverage is available through the employer,
the employer must make all application processes known to the individual and enroll the
employee and dependent in the plan.
The public authority must take necessary
steps to establish, enforce, and modify an order for medical support if the joint child receives
public assistance or a party completes an application for services from the public authority
under section 518A.51.
(a) Remedies available for collecting and enforcing child
support apply to medical support.
(b) For the purpose of enforcement, the following are additional support:
(1) the costs of individual or group health or hospitalization coverage;
(2) dental coverage;
(3) medical costs ordered by the court to be paid by either party, including health care
coverage premiums paid by the obligee because of the obligor's failure to obtain new text begin health care
new text end coverage as ordered; and
(4) liabilities established under this subdivision.
(c) A party who fails to carry court-ordered dependent new text begin private new text end health care coverage is
liable for the joint child's uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses unless a court order
provides otherwise. A party's failure to carry court-ordered new text begin health care new text end coverage, or to
provide other medical support as ordered, is a basis for modification of medical support
under section 518A.39, subdivision 8, unless it meets the presumption in section 518A.39,
subdivision 2.
(d) Payments by the health carrier or employer for services rendered to the dependents
that are directed to a party not owed reimbursement must be endorsed over to and forwarded
to the vendor or appropriate party or the public authority. A party retaining insurance
reimbursement not owed to the party is liable for the amount of the reimbursement.
(a) If a party is the parent with primary physical custody as defined
in section 518A.26, subdivision 17, and is an obligor ordered to contribute to the other
party's cost for carrying health care coverage for the joint child, the other party's child
support and spousal maintenance obligations are subject to an offset under subdivision 5.
(b) The public authority, if the public authority provides child support enforcement
services, may remove the offset to a party's child support obligation when:
(1) the party's court-ordered new text begin private new text end health care coverage for the joint child terminates;
(2) the party does not enroll the joint child in other new text begin private new text end health care coverage; and
(3) a modification motion is not pending.
The public authority must provide notice to the parties of the action. If neither party requests
a hearing, the public authority must remove the offset effective the first day of the month
following termination of the joint child's new text begin private new text end health care coverage.
(c) The public authority, if the public authority provides child support enforcement
services, may resume the offset when the party ordered to provide new text begin private new text end health care
coverage for the joint child has resumed the court-ordered new text begin private new text end health care coverage or
enrolled the joint child in other new text begin private new text end health care coverage. The public authority must
provide notice to the parties of the action. If neither party requests a hearing, the public
authority must resume the offset effective the first day of the month following certification
that new text begin private new text end health care coverage is in place for the joint child.
(d) A party may contest the public authority's action to remove or resume the offset to
the child support obligation if the party makes a written request for a hearing within 30 days
after receiving written notice. If a party makes a timely request for a hearing, the public
authority must schedule a hearing and send written notice of the hearing to the parties by
mail to the parties' last known addresses at least 14 days before the hearing. The hearing
must be conducted in district court or in the expedited child support process if section
484.702 applies. The district court or child support magistrate must determine whether
removing or resuming the offset is appropriate and, if appropriate, the effective date for the
removal or resumption.
new text begin
(a) If a
party is the parent with primary physical custody, as defined in section 518A.26, subdivision
17, and is ordered to carry private health care coverage for the joint child but fails to carry
the court-ordered private health care coverage, the public authority may suspend the medical
support obligation of the other party if that party has been court-ordered to contribute to the
cost of the private health care coverage carried by the parent with primary physical custody
of the joint child.
new text end
new text begin
(b) If the public authority provides child support enforcement services, the public
authority may suspend the other party's medical support contribution toward private health
care coverage when:
new text end
new text begin
(1) the party's court-ordered private health care coverage for the joint child terminates;
new text end
new text begin
(2) the party does not enroll the joint child in other private health care coverage; and
new text end
new text begin
(3) a modification motion is not pending.
new text end
new text begin
The public authority must provide notice to the parties of the action. If neither party requests
a hearing, the public authority must remove the medical support contribution effective the
first day of the month following the termination of the joint child's private health care
coverage.
new text end
new text begin
(c) If the public authority provides child support enforcement services, the public authority
may reinstate the medical support contribution when the party ordered to provide private
health care coverage for the joint child has resumed the joint child's court-ordered private
health care coverage or has enrolled the joint child in other private health care coverage.
The public authority must provide notice to the parties of the action. If neither party requests
a hearing, the public authority must resume the medical support contribution effective the
first day of the month following certification that the joint child is enrolled in private health
care coverage.
new text end
new text begin
(d) A party may contest the public authority's action to suspend or reinstate the medical
support contribution if the party makes a written request for a hearing within 30 days after
receiving written notice. If a party makes a timely request for a hearing, the public authority
must schedule a hearing and send written notice of the hearing to the parties by mail to the
parties' last known addresses at least 14 days before the hearing. The hearing must be
conducted in district court or in the expedited child support process if section 484.702
applies. The district court or child support magistrate must determine whether suspending
or reinstating the medical support contribution is appropriate and, if appropriate, the effective
date of the removal or reinstatement of the medical support contribution.
new text end
(a)
This subdivision and subdivision 18 apply when a court order has determined and ordered
the parties' proportionate share and responsibility to contribute to unreimbursed or uninsured
deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses.
(b) A party requesting reimbursement of unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin
health-relatednew text end expenses must initiate a request to the other party within two years of the
date that the requesting party incurred the unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-related
new text end expenses. If a court order has been signed ordering the contribution deleted text begin towardsdeleted text end new text begin towardnew text end
unreimbursed or uninsured expenses, a two-year limitations provision must be applied to
any requests made on or after January 1, 2007. The provisions of this section apply
retroactively to court orders signed before January 1, 2007. Requests for unreimbursed or
uninsured expenses made on or after January 1, 2007, may include expenses incurred before
January 1, 2007, and on or after January 1, 2005.
(c) A requesting party must mail a written notice of intent to collect the unreimbursed
or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses and a copy of an affidavit of health care
expenses to the other party at the other party's last known address.
(d) The written notice must include a statement that the other party has 30 days from
the date the notice was mailed to (1) pay in full; (2) agree to a payment schedule; or (3) file
a motion requesting a hearing to contest the amount due or to set a court-ordered monthly
payment amount. If the public authority provides services, the written notice also must
include a statement that, if the other party does not respond within the 30 days, the requesting
party may submit the amount due to the public authority for collection.
(e) The affidavit of health care expenses must itemize and document the joint child's
unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses and include copies of all bills,
receipts, and insurance company explanations of benefits.
(f) If the other party does not respond to the request for reimbursement within 30 days,
the requesting party may commence enforcement against the other party under subdivision
18; file a motion for a court-ordered monthly payment amount under paragraph (i); or notify
the public authority, if the public authority provides services, that the other party has not
responded.
(g) The notice to the public authority must include: a copy of the written notice, a copy
of the affidavit of health care expenses, and copies of all bills, receipts, and insurance
company explanations of benefits.
(h) If noticed under paragraph (f), the public authority must serve the other party with
a notice of intent to enforce unreimbursed and uninsured deleted text begin medicaldeleted text end new text begin health-related new text end expenses
and file an affidavit of service by mail with the district court administrator. The notice must
state that the other party has 14 days to (1) pay in full; or (2) file a motion to contest the
amount due or to set a court-ordered monthly payment amount. The notice must also state
that if there is no response within 14 days, the public authority will commence enforcement
of the expenses as arrears under subdivision 18.
(i) To contest the amount due or set a court-ordered monthly payment amount, a party
must file a timely motion and schedule a hearing in district court or in the expedited child
support process if section 484.702 applies. The moving party must provide the other party
and the public authority, if the public authority provides services, with written notice at
least 14 days before the hearing by mailing notice of the hearing to the public authority and
to the requesting party at the requesting party's last known address. The moving party must
file the affidavit of health care expenses with the court at least five days before the hearing.
The district court or child support magistrate must determine liability for the expenses and
order that the liable party is subject to enforcement of the expenses as arrears under
subdivision 18 or set a court-ordered monthly payment amount.
(a) Unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses enforced under
this subdivision are collected as arrears.
(b) If the liable party is the parent with primary physical custody as defined in section
518A.26, subdivision 17, the unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
must be deducted from any arrears the requesting party owes the liable party. If unreimbursed
or uninsured expenses remain after the deduction, the expenses must be collected as follows:
(1) If the requesting party owes a current child support obligation to the liable party, 20
percent of each payment received from the requesting party must be returned to the requesting
party. The total amount returned to the requesting party each month must not exceed 20
percent of the current monthly support obligation.
(2) If the requesting party does not owe current child support or arrears, a payment
agreement under section 518A.69 is required. If the liable party fails to enter into or comply
with a payment agreement, the requesting party or the public authority, if the public authority
provides services, may schedule a hearing to set a court-ordered payment. The requesting
party or the public authority must provide the liable party with written notice of the hearing
at least 14 days before the hearing.
(c) If the liable party is not the parent with primary physical custody as defined in section
518A.26, subdivision 17, the unreimbursed or uninsured deleted text begin medicaldeleted text end new text begin health-relatednew text end expenses
must be deducted from any arrears the requesting party owes the liable party. If unreimbursed
or uninsured expenses remain after the deduction, the expenses must be added and collected
as arrears owed by the liable party.
new text begin
This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 518A.42, subdivision 1, is amended to read:
(a) It is a rebuttable presumption that a child support
order should not exceed the obligor's ability to pay. To determine the amount of child support
the obligor has the ability to pay, the court shall follow the procedure set out in this section.
(b) The court shall calculate the obligor's income available for support by subtracting a
monthly self-support reserve equal to 120 percent of the federal poverty guidelines for one
person from the obligor's parental income for determining child support (PICS).new text begin If benefits
under section 518A.31 are received by the obligee as a representative payee for a joint child
or are received by the child attending school, based on the other parent's eligibility, the court
shall subtract the amount of benefits from the obligor's PICS before subtracting the
self-support reserve.new text end If the obligor's income available for support calculated under this
paragraph is equal to or greater than the obligor's support obligation calculated under section
518A.34, the court shall order child support under section 518A.34.
(c) If the obligor's income available for support calculated under paragraph (b) is more
than the minimum support amount under subdivision 2, but less than the guideline amount
under section 518A.34, then the court shall apply a reduction to the child support obligation
in the following order, until the support order is equal to the obligor's income available for
support:
(1) medical support obligation;
(2) child care support obligation; and
(3) basic support obligation.
(d) If the obligor's income available for support calculated under paragraph (b) is equal
to or less than the minimum support amount under subdivision 2 or if the obligor's gross
income is less than 120 percent of the federal poverty guidelines for one person, the minimum
support amount under subdivision 2 applies.
new text begin
This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 518A.42, subdivision 3, is amended to read:
(a) This section does not apply to an obligor who is incarceratednew text begin
or is a recipient of a general assistance grant, Supplemental Security Income, temporary
assistance for needy families (TANF) grant, or comparable state-funded Minnesota family
investment program (MFIP) benefitsnew text end .
(b) If the court finds the obligor receives no income and completely lacks the ability to
earn income, the minimum basic support amount under this subdivision does not apply.
(c) If the obligor's basic support amount is reduced below the minimum basic support
amount due to the application of the parenting expense adjustment, the minimum basic
support amount under this subdivision does not apply and the lesser amount is the guideline
basic support.
new text begin
This section is effective January 1, 2025.
new text end
Minnesota Statutes 2022, section 518A.43, subdivision 1b, is amended to read:
In a modification of support under
section 518A.39, the court may deviate from the presumptive child support obligation under
section 518A.34 when the only change in circumstances is an increase to the custodial
parent's income anddeleted text begin :
deleted text end
deleted text begin (1)deleted text end the basic support increasesdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(2)
deleted text end
deleted text begin
the parties' combined gross income is $6,000 or less; or
deleted text end
deleted text begin
(3)
deleted text end
deleted text begin
the obligor's income is $2,000 or less.
deleted text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 518A.65, is amended to read:
(a) Upon motion of an obligee, which has been properly served on the obligor and upon
which there has been an opportunity for hearing, if a court finds that the obligor has been
or may be issued a driver's license by the commissioner of public safety and the obligor is
in arrears in court-ordered child support or maintenance payments, or both, in an amount
equal to or greater than three times the obligor's total monthly support and maintenance
payments and is not in compliance with a written payment agreement pursuant to section
518A.69 that is approved by the court, a child support magistrate, or the public authority,
the court deleted text begin shalldeleted text end new text begin maynew text end order the commissioner of public safety to suspend the obligor's driver's
license. new text begin The court may consider the circumstances in paragraph (i) to determine whether
driver's license suspension is an appropriate remedy that is likely to induce the payment of
child support. The court may consider whether driver's license suspension would have a
direct harmful effect on the obligor or joint children that would make driver's license
suspension an inappropriate remedy. The public authority may not administratively reinstate
a driver's license suspended by the court unless specifically authorized to do so in the court
order.This paragraph expires December 31, 2025.
new text end
new text begin
(b) This paragraph is effective January 1, 2026. Upon the motion of an obligee that has
been properly served on the obligor and for which there has been an opportunity for a
hearing, if a court finds that the obligor has a valid driver's license issued by the commissioner
of public safety and the obligor is in arrears in court-ordered child support or maintenance
payments, or both, in an amount equal to or greater than three times the obligor's total
monthly support and maintenance payments and is not in compliance with a written payment
agreement pursuant to section 518A.69 that is approved by the court, a child support
magistrate, or the public authority, the court may order the commissioner of public safety
to suspend the obligor's driver's license. The court may consider the circumstances in
paragraph (i) to determine whether driver's license suspension is an appropriate remedy that
is likely to induce the payment of child support. The court may consider whether driver's
license suspension would have a direct harmful effect on the obligor or joint children that
would make driver's license suspension an inappropriate remedy. The public authority may
not administratively reinstate a driver's license suspended by the court unless specifically
authorized to do so in the court order.
new text end
new text begin (c) new text end The court's order must be stayed for 90 days in order to allow the obligor to execute
a written payment agreement pursuant to section 518A.69. The payment agreement must
be approved by either the court or the public authority responsible for child support
enforcement. If the obligor has not executed or is not in compliance with a written payment
agreement pursuant to section 518A.69 after the 90 days expires, the court's order becomes
effective and the commissioner of public safety shall suspend the obligor's driver's license.
The remedy under this section is in addition to any other enforcement remedy available to
the court. An obligee may not bring a motion under this paragraph within 12 months of a
denial of a previous motion under this paragraph.
deleted text begin (b)deleted text end new text begin (d)new text end If a public authority responsible for child support enforcement determines that
the obligor has been or may be issued a driver's license by the commissioner of public safety
deleted text begin anddeleted text end new text begin ;new text end the obligor is in arrears in court-ordered child support or maintenance payments or
both in an amount equal to or greater than three times the obligor's total monthly support
and maintenance payments and not in compliance with a written payment agreement pursuant
to section 518A.69 that is approved by the court, a child support magistrate, or the public
authority, the public authority shall direct the commissioner of public safety to suspend the
obligor's driver's licensenew text begin unless exercising administrative discretion under paragraph (i)new text end .
The remedy under this section is in addition to any other enforcement remedy available to
the public authority.new text begin This paragraph expires December 31, 2025.
new text end
new text begin
(e) This paragraph is effective January 1, 2026. If a public authority responsible for child
support enforcement determines that:
new text end
new text begin
(1) the obligor has a valid driver's license issued by the commissioner of public safety;
new text end
new text begin
(2) the obligor is in arrears in court-ordered child support or maintenance payments or
both in an amount equal to or greater than three times the obligor's total monthly support
and maintenance payments;
new text end
new text begin
(3) the obligor is not in compliance with a written payment agreement pursuant to section
518A.69 that is approved by the court, a child support magistrate, or the public authority;
and
new text end
new text begin
(4) the obligor's mailing address is known to the public authority;
new text end
new text begin
then the public authority shall direct the commissioner of public safety to suspend the
obligor's driver's license unless exercising administrative discretion under paragraph (i).
The remedy under this section is in addition to any other enforcement remedy available to
the public authority.
new text end
deleted text begin (c)deleted text end new text begin (f)new text end At least 90 days prior to notifying the commissioner of public safety according
to paragraph deleted text begin (b)deleted text end new text begin (d)new text end , the public authority must mail a written notice to the obligor at the
obligor's last known address, that it intends to seek suspension of the obligor's driver's
license and that the obligor must request a hearing within 30 days in order to contest the
suspension. If the obligor makes a written request for a hearing within 30 days of the date
of the notice, a court hearing must be held. Notwithstanding any law to the contrary, the
obligor must be served with 14 days' notice in writing specifying the time and place of the
hearing and the allegations against the obligor. The notice must include information that
apprises the obligor of the requirement to develop a written payment agreement that is
approved by a court, a child support magistrate, or the public authority responsible for child
support enforcement regarding child support, maintenance, and any arrearages in order to
avoid license suspension. The notice may be served personally or by mail. If the public
authority does not receive a request for a hearing within 30 days of the date of the notice,
and the obligor does not execute a written payment agreement pursuant to section 518A.69
that is approved by the public authority within 90 days of the date of the notice, the public
authority shall direct the commissioner of public safety to suspend the obligor's driver's
license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end .
deleted text begin (d)deleted text end new text begin (g)new text end At a hearing requested by the obligor under paragraph deleted text begin (c)deleted text end new text begin (f)new text end , and on finding that
the obligor is in arrears in court-ordered child support or maintenance payments or both in
an amount equal to or greater than three times the obligor's total monthly support and
maintenance payments, the district court or child support magistrate shall order the
commissioner of public safety to suspend the obligor's driver's license or operating privileges
unlessnew text begin :
new text end
new text begin (1)new text end the court or child support magistrate determines that the obligor has executed and is
in compliance with a written payment agreement pursuant to section 518A.69 that is approved
by the court, a child support magistrate, or the public authoritydeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) the court, in its discretion, determines that driver's license suspension is unlikely to
induce payment of child support or would have direct harmful effects on the obligor or joint
child that makes driver's license suspension an inappropriate remedy. The court may consider
the circumstances in paragraph (i) in exercising the court's discretion.
new text end
deleted text begin (e)deleted text end new text begin (h)new text end An obligor whose driver's license or operating privileges are suspended may:
(1) provide proof to the public authority responsible for child support enforcement that
the obligor is in compliance with all written payment agreements pursuant to section 518A.69;
(2) bring a motion for reinstatement of the driver's license. At the hearing, if the court
or child support magistrate orders reinstatement of the driver's license, the court or child
support magistrate must establish a written payment agreement pursuant to section 518A.69;
or
(3) seek a limited license under section 171.30. A limited license issued to an obligor
under section 171.30 expires 90 days after the date it is issued.
Within 15 days of the receipt of that proof or a court order, the public authority shall
inform the commissioner of public safety that the obligor's driver's license or operating
privileges should no longer be suspended.
new text begin
(i) Prior to notifying the commissioner of public safety that an obligor's driver's license
should be suspended or after an obligor's driving privileges have been suspended, the public
authority responsible for child support enforcement may use administrative authority to end
the suspension process or inform the commissioner of public safety that the obligor's driving
privileges should no longer be suspended under any of the following circumstances:
new text end
new text begin
(1) the full amount of court-ordered payments have been received for at least one month;
new text end
new text begin
(2) an income withholding notice has been sent to an employer or payor of money;
new text end
new text begin
(3) payments less than the full court-ordered amount have been received and the
circumstances of the obligor demonstrate the obligor's substantial intent to comply with the
order;
new text end
new text begin
(4) the obligor receives public assistance;
new text end
new text begin
(5) the case is being reviewed by the public authority for downward modification due
to changes in the obligor's financial circumstances or a party has filed a motion to modify
the child support order;
new text end
new text begin
(6) the obligor no longer lives in the state and the child support case is in the process of
interstate enforcement;
new text end
new text begin
(7) the obligor is currently incarcerated for one week or more or is receiving in-patient
treatment for physical health, mental health, chemical dependency, or other treatment. This
clause applies for six months after the obligor is no longer incarcerated or receiving in-patient
treatment;
new text end
new text begin
(8) the obligor is temporarily or permanently disabled and unable to pay child support;
new text end
new text begin
(9) the obligor has presented evidence to the public authority that the obligor needs
driving privileges to maintain or obtain the obligor's employment;
new text end
new text begin
(10) the obligor has not had a meaningful opportunity to pay toward arrears; or
new text end
new text begin
(11) other circumstances of the obligor indicate that a temporary condition exists for
which suspension of the obligor's driver's license for the nonpayment of child support is
not appropriate. When considering whether suspension of the obligor's driver's license is
appropriate, the public authority must assess: (i) whether suspension of the obligor's driver's
license is likely to induce payment of child support; and (ii) whether suspension of the
obligor's driver's license would have direct harmful effects on the obligor or joint children
that make driver's license suspension an inappropriate remedy.
new text end
new text begin
The presence of circumstances in this paragraph does not prevent the public authority from
proceeding with a suspension of the obligor's driver's license.
new text end
deleted text begin (f)deleted text end new text begin (j)new text end In addition to the criteria established under this section for the suspension of an
obligor's driver's license, a court, a child support magistrate, or the public authority may
direct the commissioner of public safety to suspend the license of a party who has failed,
after receiving notice, to comply with a subpoena relating to a paternity or child support
proceeding. Notice to an obligor of intent to suspend must be served by first class mail at
the obligor's last known address. The notice must inform the obligor of the right to request
a hearing. If the obligor makes a written request within ten days of the date of the hearing,
a hearing must be held. At the hearing, the only issues to be considered are mistake of fact
and whether the obligor received the subpoena.
deleted text begin (g)deleted text end new text begin (k)new text end The license of an obligor who fails to remain in compliance with an approved
written payment agreement may be suspended. Prior to suspending a license for
noncompliance with an approved written payment agreement, the public authority must
mail to the obligor's last known address a written notice that (1) the public authority intends
to seek suspension of the obligor's driver's license under this paragraph, and (2) the obligor
must request a hearing, within 30 days of the date of the notice, to contest the suspension.
If, within 30 days of the date of the notice, the public authority does not receive a written
request for a hearing and the obligor does not comply with an approved written payment
agreement, the public authority must direct the Department of Public Safety to suspend the
obligor's license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end . If the obligor makes a written request for a hearing
within 30 days of the date of the notice, a court hearing must be held. Notwithstanding any
law to the contrary, the obligor must be served with 14 days' notice in writing specifying
the time and place of the hearing and the allegations against the obligor. The notice may be
served personally or by mail at the obligor's last known address. If the obligor appears at
the hearing and the court determines that the obligor has failed to comply with an approved
written payment agreement, the court or public authority shall notify the Department of
Public Safety to suspend the obligor's license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end . If the obligor fails
to appear at the hearing, the court or public authority must notify the Department of Public
Safety to suspend the obligor's license under paragraph deleted text begin (b)deleted text end new text begin (d)new text end .
Minnesota Statutes 2022, section 518A.77, is amended to read:
deleted text begin (a)deleted text end No later than 2006 and every four years after that, the Department of Human Services
must conduct a review of the child support guidelinesnew text begin as required under Code of Federal
Regulations, title 45, section 302.56(h)new text end .
deleted text begin
(b) This section expires January 1, 2032.
deleted text end
new text begin
Minnesota Statutes 2022, section 518A.59,
new text end
new text begin
is repealed.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 245.095, is amended to read:
(a) If a provider, vendor, or individual enrolled, licensed,
receiving funds under a grant contract, or registered in any program administered by the
commissioner, including under the commissioner's powers and authorities in section 256.01,
is excluded from that program, the commissioner shall:
(1) prohibit the excluded provider, vendor, or individual from enrolling, becoming
licensed, receiving grant funds, or registering in any other program administered by the
commissioner; and
(2) disenroll, revoke or suspend a license, disqualify, or debar the excluded provider,
vendor, or individual in any other program administered by the commissioner.
new text begin
(b) If a provider, vendor, or individual enrolled, licensed, receiving funds under a grant
contract, or registered in any program administered by the commissioner, including under
the commissioner's powers and authorities in section 256.01, is excluded from that program,
the commissioner may:
new text end
new text begin
(1) prohibit any associated entities or associated individuals from enrolling, becoming
licensed, receiving grant funds, or registering in any other program administered by the
commissioner; and
new text end
new text begin
(2) disenroll, revoke or suspend a license of, disqualify, or debar any associated entities
or associated individuals in any other program administered by the commissioner.
new text end
new text begin
(c) If a provider, vendor, or individual enrolled, licensed, or otherwise receiving funds
under any contract or registered in any program administered by a Minnesota state or federal
agency is excluded from that program, the commissioner of human services may:
new text end
new text begin
(1) prohibit the excluded provider, vendor, individual, or any associated entities or
associated individuals from enrolling, becoming licensed, receiving grant funds, or registering
in any program administered by the commissioner; and
new text end
new text begin
(2) disenroll, revoke or suspend a license of, disqualify, or debar the excluded provider,
vendor, individual, or any associated entities or associated individuals in any program
administered by the commissioner.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end The duration of deleted text begin thisdeleted text end new text begin anew text end prohibition, disenrollment, revocation, suspension,
disqualification, or debarmentnew text begin under paragraph (a)new text end must last for the longest applicable
sanction or disqualifying period in effect for the provider, vendor, or individual permitted
by state or federal law.new text begin The duration of a prohibition, disenrollment, revocation, suspension,
disqualification, or debarment under paragraphs (b) and (c) may last until up to the longest
applicable sanction or disqualifying period in effect for the provider, vendor, individual,
associated entity, or associated individual as permitted by state or federal law.
new text end
(a) For purposes of this section, the following definitions have the
meanings given deleted text begin themdeleted text end .
new text begin
(b) "Associated entity" means a provider or vendor owned or controlled by an excluded
individual.
new text end
new text begin
(c) "Associated individual" means an individual or entity that has a relationship with
the business or its owners or controlling individuals, such that the individual or entity would
have knowledge of the financial practices of the program in question.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end "Excluded" means deleted text begin disenrolled, disqualified, having a license that has been revoked
or suspended under chapter deleted text end deleted text begin 245Adeleted text end deleted text begin , or debarred or suspended under Minnesota Rules, part
1230.1150, or excluded pursuant to section 256B.064, subdivision 3deleted text end new text begin removed under other
authorities from a program administered by a Minnesota state or federal agency, including
a final determination to stop paymentsnew text end .
deleted text begin (c)deleted text end new text begin (e)new text end "Individual" means a natural person providing products or services as a provider
or vendor.
deleted text begin (d)deleted text end new text begin (f)new text end "Provider" deleted text begin includes any entity or individual receiving payment from a program
administered by the Department of Human Services, and an owner, controlling individual,
license holder, director, or managerial official of an entity receiving payment from a program
administered by the Department of Human Servicesdeleted text end new text begin means any entity, individual, owner,
controlling individual, license holder, director, or managerial official of an entity receiving
payment from a program administered by a Minnesota state or federal agencynew text end .
new text begin
Within five days of taking an action under subdivision (1), paragraph
(a), (b), or (c), against a provider, vendor, individual, associated individual, or associated
entity, the commissioner must send notice of the action to the provider, vendor, individual,
associated individual, or associated entity. The notice must state:
new text end
new text begin
(1) the basis for the action;
new text end
new text begin
(2) the effective date of the action;
new text end
new text begin
(3) the right to appeal the action; and
new text end
new text begin
(4) the requirements and procedures for reinstatement.
new text end
new text begin
Upon receipt of a notice under subdivision 3, a provider, vendor,
individual, associated individual, or associated entity may request a contested case hearing,
as defined in section 14.02, subdivision 3, by filing with the commissioner a written request
of appeal. The scope of any contested case hearing is solely limited to action taken under
this section. The commissioner must receive the appeal request no later than 30 days after
the date the notice was mailed to the provider, vendor, individual, associated individual, or
associated entity. The appeal request must specify:
new text end
new text begin
(1) each disputed item and the reason for the dispute;
new text end
new text begin
(2) the authority in statute or rule upon which the provider, vendor, individual, associated
individual, or associated entity relies for each disputed item;
new text end
new text begin
(3) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and
new text end
new text begin
(4) any other information required by the commissioner.
new text end
new text begin
(a) Except as otherwise provided by state or federal
law, the commissioner may withhold payments to a provider, vendor, individual, associated
individual, or associated entity in any program administered by the commissioner, if the
commissioner determines there is a credible allegation of fraud for which an investigation
is pending for a program administered by a Minnesota state or federal agency.
new text end
new text begin
(b) For purposes of this subdivision, "credible allegation of fraud" means an allegation
that has been verified by the commissioner from any source, including but not limited to:
new text end
new text begin
(1) fraud hotline complaints;
new text end
new text begin
(2) claims data mining;
new text end
new text begin
(3) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations; and
new text end
new text begin
(4) court filings and other legal documents, including but not limited to police reports,
complaints, indictments, informations, affidavits, declarations, and search warrants.
new text end
new text begin
(c) The commissioner must send notice of the withholding of payments within five days
of taking such action. The notice must:
new text end
new text begin
(1) state that payments are being withheld according to this subdivision;
new text end
new text begin
(2) set forth the general allegations related to the withholding action, except the notice
need not disclose specific information concerning an ongoing investigation;
new text end
new text begin
(3) state that the withholding is for a temporary period and cite the circumstances under
which the withholding will be terminated; and
new text end
new text begin
(4) inform the provider, vendor, individual, associated individual, or associated entity
of the right to submit written evidence to contest the withholding action for consideration
by the commissioner.
new text end
new text begin
(d) If the commissioner withholds payments under this subdivision, the provider, vendor,
individual, associated individual, or associated entity has a right to request administrative
reconsideration. A request for administrative reconsideration must be made in writing, state
with specificity the reasons the payment withholding decision is in error, and include
documents to support the request. Within 60 days from receipt of the request, the
commissioner shall judiciously review allegations, facts, evidence available to the
commissioner, and information submitted by the provider, vendor, individual, associated
individual, or associated entity to determine whether the payment withholding should remain
in place.
new text end
new text begin
(e) The commissioner shall stop withholding payments if the commissioner determines
there is insufficient evidence of fraud by the provider, vendor, individual, associated
individual, or associated entity or when legal proceedings relating to the alleged fraud are
completed, unless the commissioner has sent notice under subdivision 3 to the provider,
vendor, individual, associated individual, or associated entity.
new text end
new text begin
(f) The withholding of payments is a temporary action and is not subject to appeal under
section 256.045 or chapter 14.
new text end
Minnesota Statutes 2022, section 245A.02, subdivision 2c, is amended to read:
For the
purposes of sections 245A.50 to 245A.53, "annual" or "annually" means deleted text begin the 12-month
period beginning on the license effective date or the annual anniversary of the effective date
and ending on the day prior to the annual anniversary of the license effective datedeleted text end new text begin each
calendar yearnew text end .
Minnesota Statutes 2022, section 245A.02, is amended by adding a subdivision to
read:
new text begin
"Cradleboard" means a board or frame on which an infant is
secured using blankets or other material, such as fabric or leather sides, and laces and often
has a frame extending to protect the infant's head. The infant is always placed with the
infant's head facing outward, and the infant remains supervised in the cradleboard while
sleeping or being carried.
new text end
new text begin
This section is effective January 1, 2024.
new text end
Minnesota Statutes 2022, section 245A.02, subdivision 6b, is amended to read:
For purposes of child care centers, "experience" deleted text begin includesdeleted text end new text begin isnew text end paid
or unpaid employment deleted text begin serving children as a teacher, assistant teacher, aide, or a student
intern in a licensed child care center, in a public or nonpublic school, or in a program licensed
as a family day care or group family day care provider.deleted text end new text begin :
new text end
new text begin
(1) caring for children as a teacher, assistant teacher, aide, or student intern:
new text end
new text begin
(i) in a licensed child care center, a licensed family day care or group family day care,
or a Tribally licensed child care program in any United States state or territory; or
new text end
new text begin
(ii) in a public or nonpublic school;
new text end
new text begin
(2) caring for children as a staff person or unsupervised volunteer in a certified,
license-exempt child care center under chapter 245H; or
new text end
new text begin
(3) providing direct contact services in a home or residential facility serving children
with disabilities that requires a background study under section 245C.03.
new text end
new text begin
This section is effective October 1, 2023.
new text end
Minnesota Statutes 2022, section 245A.03, subdivision 2, is amended to read:
(a) This chapter does not apply to:
(1) residential or nonresidential programs that are provided to a person by an individual
who is related unless the residential program is a child foster care placement made by a
local social services agency or a licensed child-placing agency, except as provided in
subdivision 2a;
(2) nonresidential programs that are provided by an unrelated individual to persons from
a single related family;
(3) residential or nonresidential programs that are provided to adults who do not misuse
substances or have a substance use disorder, a mental illness, a developmental disability, a
functional impairment, or a physical disability;
(4) sheltered workshops or work activity programs that are certified by the commissioner
of employment and economic development;
(5) programs operated by a public school for children 33 months or older;
(6) nonresidential programs primarily for children that provide care or supervision for
periods of less than three hours a day while the child's parent or legal guardian is in the
same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;
(7) nursing homes or hospitals licensed by the commissioner of health except as specified
under section 245A.02;
(8) board and lodge facilities licensed by the commissioner of health that do not provide
children's residential services under Minnesota Rules, chapter 2960, mental health or
substance use disorder treatment;
(9) homes providing programs for persons placed by a county or a licensed agency for
legal adoption, unless the adoption is not completed within two years;
(10) programs licensed by the commissioner of corrections;
(11) recreation programs for children or adults that are operated or approved by a park
and recreation board whose primary purpose is to provide social and recreational activities;
(12) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA
as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in
section 315.51, whose primary purpose is to provide child care or services to school-age
children;
(13) Head Start nonresidential programs which operate for less than 45 days in each
calendar year;
(14) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;
(15) programs for children such as scouting, boys clubs, girls clubs, and sports and art
programs, and nonresidential programs for children provided for a cumulative total of less
than 30 days in any 12-month period;
(16) residential programs for persons with mental illness, that are located in hospitals;
(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the
congregate care of children by a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its regular worship;
(18) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;
(19) mental health outpatient services for adults with mental illness or children with
emotional disturbance;
(20) residential programs serving school-age children whose sole purpose is cultural or
educational exchange, until the commissioner adopts appropriate rules;
(21) community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;
(22) the placement of a child by a birth parent or legal guardian in a preadoptive home
for purposes of adoption as authorized by section 259.47;
(23) settings registered under chapter 144D which provide home care services licensed
by the commissioner of health to fewer than seven adults;
(24) substance use disorder treatment activities of licensed professionals in private
practice as defined in section 245G.01, subdivision 17;
(25) consumer-directed community support service funded under the Medicaid waiver
for persons with developmental disabilities when the individual who provided the service
is:
(i) the same individual who is the direct payee of these specific waiver funds or paid by
a fiscal agent, fiscal intermediary, or employer of record; and
(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service;
(26) a program serving only children who are age 33 months or older, that is operated
by a nonpublic school, for no more than four hours per day per child, with no more than 20
children at any one time, and that is accredited by:
(i) an accrediting agency that is formally recognized by the commissioner of education
as a nonpublic school accrediting organization; or
(ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.
A program that asserts its exemption from licensure under item (ii) shall, upon request
from the commissioner, provide the commissioner with documentation from the accrediting
agency that verifies: that the accreditation is current; that the accrediting agency investigates
complaints about services; and that the accrediting agency's standards require background
studies on all people providing direct contact services;
(27) a program operated by a nonprofit organization incorporated in Minnesota or another
state that serves youth in kindergarten through grade 12; provides structured, supervised
youth development activities; and has learning opportunities take place before or after
school, on weekends, or during the summer or other seasonal breaks in the school calendar.
A program exempt under this clause is not eligible for child care assistance under chapter
119B. A program exempt under this clause must:
(i) have a director or supervisor on site who is responsible for overseeing written policies
relating to the management and control of the daily activities of the program, ensuring the
health and safety of program participants, and supervising staff and volunteers;
(ii) have obtained written consent from a parent or legal guardian for each youth
participating in activities at the site; and
(iii) have provided written notice to a parent or legal guardian for each youth at the site
that the program is not licensed or supervised by the state of Minnesota and is not eligible
to receive child care assistance payments;
(28) a county that is an eligible vendor under section 254B.05 to provide care coordination
and comprehensive assessment services; deleted text begin or
deleted text end
(29) a recovery community organization that is an eligible vendor under section 254B.05
to provide peer recovery support servicesdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(30) Head Start programs that serve only children who are at least three years old but
not yet six years old.
new text end
(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.
(c) Except for the home and community-based services identified in section 245D.03,
subdivision 1, nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.
new text begin
This section is effective January 1, 2024.
new text end
Minnesota Statutes 2022, section 245A.04, subdivision 4, is amended to read:
(a) Before issuing a license under this chapter, the
commissioner shall conduct an inspection of the program. The inspection must include but
is not limited to:
(1) an inspection of the physical plant;
(2) an inspection of records and documents;
(3) observation of the program in operation; and
(4) an inspection for the health, safety, and fire standards in licensing requirements for
a child care license holder.
(b) The observation in paragraph (a), clause (3), is not required prior to issuing a license
under subdivision 7. If the commissioner issues a license under this chapter, these
requirements must be completed within one year after the issuance of the license.
(c) Before completing a licensing inspection in a family child care program or child care
center, the licensing agency must offer the license holder an exit interview to discuss
violations or potential violations of law or rule observed during the inspection and offer
technical assistance on how to comply with applicable laws and rules. The commissioner
shall not issue a correction order or negative licensing action for violations of law or rule
not discussed in an exit interview, unless a license holder chooses not to participate in an
exit interview or not to complete the exit interview. If the license holder is unable to complete
the exit interview, the licensing agency must offer an alternate time for the license holder
to complete the exit interview.
(d) If a family child care license holder disputes a county licensor's interpretation of a
licensing requirement during a licensing inspection or exit interview, the license holder
may, within five business days after the exit interview or licensing inspection, request
clarification from the commissioner, in writing, in a manner prescribed by the commissioner.
The license holder's request must describe the county licensor's interpretation of the licensing
requirement at issue, and explain why the license holder believes the county licensor's
interpretation is inaccurate. The commissioner and the county must include the license
holder in all correspondence regarding the disputed interpretation, and must provide an
opportunity for the license holder to contribute relevant information that may impact the
commissioner's decision. The county licensor must not issue a correction order related to
the disputed licensing requirement until the commissioner has provided clarification to the
license holder about the licensing requirement.
(e) The commissioner or the county shall inspect at least deleted text begin annuallydeleted text end new text begin once each calendar
yearnew text end a child care provider licensed under this chapter and Minnesota Rules, chapter 9502
or 9503, for compliance with applicable licensing standards.
(f) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports of all child care providers
licensed under this chapter and under Minnesota Rules, chapter 9502 or 9503, and the
number of deaths, serious injuries, and instances of substantiated child maltreatment that
occurred in licensed child care settings each year.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 245A.05, is amended to read:
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially complete application after receiving notice from the
commissioner under section 245A.04, subdivision 1;
(2) fails to comply with applicable laws or rules;
(3) knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;
(4) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;
(5) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted;
(6) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted;
(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
6;
(9) has a history of noncompliance as a license holder or controlling individual with
applicable laws or rules, including but not limited to this chapter and chapters 119B and
245C;
(10) is prohibited from holding a license according to section 245.095; or
(11) for a family foster setting,new text begin has or has an individual who is living in the household
where the licensed services are provided or is otherwise subject to a background study whonew text end
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the deleted text begin individual'sdeleted text end new text begin applicant'snew text end ability to safely provide care to
foster children.
(b) An applicant whose application has been denied by the commissioner must be given
notice of the denial, which must state the reasons for the denial in plain language. Notice
must be given by certified mail or personal service. The notice must state the reasons the
application was denied and must inform the applicant of the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may
appeal the denial by notifying the commissioner in writing by certified mail or personal
service. If mailed, the appeal must be postmarked and sent to the commissioner within 20
calendar days after the applicant received the notice of denial. If an appeal request is made
by personal service, it must be received by the commissioner within 20 calendar days after
the applicant received the notice of denial. Section 245A.08 applies to hearings held to
appeal the commissioner's denial of an application.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 245A.06, subdivision 1, is amended to read:
(a) If the
commissioner finds that the applicant or license holder has failed to comply with an
applicable law or rule and this failure does not imminently endanger the health, safety, or
rights of the persons served by the program, the commissioner may issue a correction order
and an order of conditional license to the applicant or license holder. When issuing a
conditional license, the commissioner shall consider the nature, chronicity, or severity of
the violation of law or rule and the effect of the violation on the health, safety, or rights of
persons served by the program. The correction order or conditional license must state the
following in plain language:
(1) the new text begin specific factual new text end conditions new text begin observable or reviewable by the licensor new text end that constitute
a violation of the law or rule;
(2) the specific law or rule violated;
(3) the time allowed to correct each violation; and
(4) if a license is made conditional, the length and terms of the conditional license, and
the reasons for making the license conditional.
(b) Nothing in this section prohibits the commissioner from proposing a sanction as
specified in section 245A.07, prior to issuing a correction order or conditional license.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 245A.07, subdivision 1, is amended to read:
(a) In addition to making a license conditional
under section 245A.06, the commissioner may suspend or revoke the license, impose a fine,
or secure an injunction against the continuing operation of the program of a license holder
whonew text begin :
new text end
new text begin (1)new text end does not comply with applicable law or ruledeleted text begin , or whodeleted text end new text begin ;
new text end
new text begin (2)new text end has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
childrennew text begin ; or
new text end
new text begin (3) has an individual living in the household where the licensed services are provided
or is otherwise subject to a background study, and the individual has nondisqualifying
background study information, as described in section 245C.05, subdivision 4, that reflects
on the license holder's ability to safely provide care to foster childrennew text end .
When applying sanctions authorized under this section, the commissioner shall consider
the nature, chronicity, or severity of the violation of law or rule and the effect of the violation
on the health, safety, or rights of persons served by the program.
(b) If a license holder appeals the suspension or revocation of a license and the license
holder continues to operate the program pending a final order on the appeal, the commissioner
shall issue the license holder a temporary provisional license. Unless otherwise specified
by the commissioner, variances in effect on the date of the license sanction under appeal
continue under the temporary provisional license. If a license holder fails to comply with
applicable law or rule while operating under a temporary provisional license, the
commissioner may impose additional sanctions under this section and section 245A.06, and
may terminate any prior variance. If a temporary provisional license is set to expire, a new
temporary provisional license shall be issued to the license holder upon payment of any fee
required under section 245A.10. The temporary provisional license shall expire on the date
the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
license shall be issued for the remainder of the current license period.
(c) If a license holder is under investigation and the license issued under this chapter is
due to expire before completion of the investigation, the program shall be issued a new
license upon completion of the reapplication requirements and payment of any applicable
license fee. Upon completion of the investigation, a licensing sanction may be imposed
against the new license under this section, section 245A.06, or 245A.08.
(d) Failure to reapply or closure of a license issued under this chapter by the license
holder prior to the completion of any investigation shall not preclude the commissioner
from issuing a licensing sanction under this section or section 245A.06 at the conclusion
of the investigation.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 245A.07, subdivision 3, is amended to read:
(a) The commissioner may suspend
or revoke a license, or impose a fine if:
(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;
(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;
(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;