2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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2nd Engrossment | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to human services; changing licensing 1.3 requirements and reconsideration for foster care; 1.4 assessing fines; adding provisions for drop-in child 1.5 care programs; changing a definition; adding 1.6 provisions for the Minnesota family preservation act; 1.7 amending Minnesota Statutes 1994, sections 245A.03, 1.8 subdivision 2a; 245A.04, subdivisions 3, 3b, 7, and 9; 1.9 245A.06, subdivisions 2, 4, and by adding a 1.10 subdivision; 245A.07, subdivision 3; 245A.14, 1.11 subdivision 6; 256.12, subdivision 14; 256.82, by 1.12 adding a subdivision; 256.8711; 256D.02, subdivision 1.13 5; 256F.01; 256F.02; 256F.03, subdivision 5, and by 1.14 adding a subdivision; 256F.04, subdivisions 1 and 2; 1.15 256F.05, subdivisions 2, 3, 4, 5, 7, 8, and by adding 1.16 a subdivision; 256F.06, subdivisions 1, 2, and 4; 1.17 257.3571, subdivision 1; 257.3572; and 257.3577, 1.18 subdivision 1; proposing coding for new law in 1.19 Minnesota Statutes, chapter 245A; repealing Minnesota 1.20 Statutes 1994, sections 256F.05, subdivisions 2a and 1.21 4a; and 256F.06, subdivision 3. 1.22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.23 Section 1. Minnesota Statutes 1994, section 245A.03, 1.24 subdivision 2a, is amended to read: 1.25 Subd. 2a. [LICENSING OFFOSTER CARE BY AN INDIVIDUAL WHO 1.26 IS RELATED TO A CHILD; LICENSE REQUIRED.] Notwithstanding 1.27 subdivision 2, clause (1),the commissioner must license or1.28approve an individual who is related to a childin order to 1.29 provide foster care forthata child, an individual who is 1.30 related to the child, other than a grandparent, to the extent 1.31 permissible under federal law, parent, or legal guardian, must 1.32 be licensed by the commissioner except as provided by section 1.33 245A.035.The commissioner may issue the license or approval2.1retroactive to the date the child was placed in the applicant's2.2home, so long as no more than 90 days have elapsed since the2.3placement. If more than 90 days have elapsed since the2.4placement, the commissioner may issue the license or approval2.5retroactive 90 days. The granting of a license or approval to2.6an individual who is related to a child shall be according to2.7standards set forth by foster care rule. The commissioner shall2.8consider the importance of maintaining the child's relationship2.9to family as an additional significant factor in determining2.10whether to set aside a licensing disqualifier under section2.11245A.04, subdivision 3b, or to grant a variance of licensing2.12requirements under section 245A.04, subdivision 9, in licensing2.13or approving an individual related to a child.2.14 Sec. 2. [245A.035] [RELATIVE FOSTER CARE; EMERGENCY 2.15 LICENSE.] 2.16 Subdivision 1. [GRANT OF EMERGENCY LICENSE.] 2.17 Notwithstanding section 245A.03, subdivision 2a, a county agency 2.18 may place a child for foster care with a relative who is not 2.19 licensed to provide foster care, provided the requirements of 2.20 subdivision 2 are met. As used in this section, the term 2.21 "relative" has the meaning given it under section 260.181, 2.22 subdivision 3. 2.23 Subd. 2. [COOPERATION WITH EMERGENCY LICENSING PROCESS.] 2.24 (a) A county agency that places a child with a relative who is 2.25 not licensed to provide foster care must begin the process of 2.26 securing an emergency license for the relative as soon as 2.27 possible and must conduct the initial inspection required by 2.28 subdivision 3, clause (1), whenever possible, prior to placing 2.29 the child in the relative's home, but no later than three 2.30 working days after placing the child in the home. A child 2.31 placed in the home of a relative who is not licensed to provide 2.32 foster care must be removed from that home if the relative fails 2.33 to cooperate with the county agency in securing an emergency 2.34 foster care license. The commissioner may only issue an 2.35 emergency foster care license to a relative with whom the county 2.36 agency wishes to place or has placed a child for foster care. 3.1 (b) If a child is to be placed in the home of a relative 3.2 not licensed to provide foster care, either the placing agency 3.3 or the county agency in the county in which the relative lives 3.4 shall conduct the emergency licensing process as required in 3.5 this section. 3.6 Subd. 3. [REQUIREMENTS FOR EMERGENCY LICENSE.] Before an 3.7 emergency license may be issued, the following requirements must 3.8 be met: 3.9 (1) the county agency must conduct an initial inspection of 3.10 the premises where the foster care is to be provided to ensure 3.11 the health and safety of any child placed in the home. The 3.12 county agency shall conduct the inspection using a form 3.13 developed by the commissioner; 3.14 (2) at the time of the inspection or placement, whichever 3.15 is earlier, the relative being considered for an emergency 3.16 license shall receive an application form for a child foster 3.17 care license; and 3.18 (3) whenever possible, prior to placing the child in the 3.19 relative's home, the relative being considered for an emergency 3.20 license shall provide the information required by section 3.21 245A.04, subdivision 3, paragraph (b). 3.22 Subd. 4. [APPLICANT STUDY.] When the county agency has 3.23 received the information required by section 245A.04, 3.24 subdivision 3, paragraph (b), the county agency shall begin an 3.25 applicant study according to the procedures in section 245A.04, 3.26 subdivision 3. The commissioner may issue an emergency license 3.27 upon recommendation of the county agency once the initial 3.28 inspection has been successfully completed and the information 3.29 necessary to begin the applicant background study has been 3.30 provided. If the county agency does not recommend that the 3.31 emergency license be granted, the agency shall notify the 3.32 relative in writing that the agency is recommending denial to 3.33 the commissioner; shall remove any child who has been placed in 3.34 the home prior to licensure; and shall inform the relative in 3.35 writing of the procedure to request review pursuant to 3.36 subdivision 6. An emergency license shall be effective until a 4.1 child foster care license is granted or denied, but shall in no 4.2 case remain in effect more than 90 days from the date of 4.3 placement. 4.4 Subd. 5. [CHILD FOSTER CARE LICENSE APPLICATION.] The 4.5 emergency license holder shall complete the child foster care 4.6 license application and necessary paperwork within ten days of 4.7 the placement. The county agency shall assist the emergency 4.8 license holder to complete the application. The granting of a 4.9 child foster care license to a relative shall be under the 4.10 procedures in this chapter and according to the standards set 4.11 forth by foster care rule. In licensing a relative, the 4.12 commissioner shall consider the importance of maintaining the 4.13 child's relationship with relatives as an additional significant 4.14 factor in determining whether to set aside a licensing 4.15 disqualifier under section 245A.04, subdivision 3b, or to grant 4.16 a variance of licensing requirements under section 245A.04, 4.17 subdivision 9. 4.18 Subd. 6. [DENIAL OF EMERGENCY LICENSE.] If the 4.19 commissioner denies an application for an emergency foster care 4.20 license under this section, that denial must be in writing and 4.21 must include reasons for the denial. Denial of an emergency 4.22 license is not subject to appeal under chapter 14. The relative 4.23 may request a review of the denial by submitting to the 4.24 commissioner a written statement of the reasons an emergency 4.25 license should be granted. The commissioner shall evaluate the 4.26 request for review and determine whether to grant the emergency 4.27 license. Within 15 working days of the receipt of the request 4.28 for review, the commissioner shall notify the relative 4.29 requesting review in written form whether the emergency license 4.30 will be granted. A child shall not be placed or remain placed 4.31 in the relative's home while the request for review is pending. 4.32 Denial of an emergency license shall not preclude an individual 4.33 from reapplying for an emergency license or from applying for a 4.34 child foster care license. 4.35 Sec. 3. Minnesota Statutes 1994, section 245A.04, 4.36 subdivision 3, is amended to read: 5.1 Subd. 3. [STUDY OF THE APPLICANT.] (a) Before the 5.2 commissioner issues a license, the commissioner shall conduct a 5.3 study of the individuals specified in clauses (1) to (4) 5.4 according to rules of the commissioner. The applicant, license 5.5 holder, the bureau of criminal apprehension, and county 5.6 agencies, after written notice to the individual who is the 5.7 subject of the study, shall help with the study by giving the 5.8 commissioner criminal conviction data and reports about abuse or 5.9 neglect of adults in licensed programs substantiated under 5.10 section 626.557 and the maltreatment of minors in licensed 5.11 programs substantiated under section 626.556. The individuals 5.12 to be studied shall include: 5.13 (1) the applicant; 5.14 (2) persons over the age of 13 living in the household 5.15 where the licensed program will be provided; 5.16 (3) current employees or contractors of the applicant who 5.17 will have direct contact with persons served by the program; and 5.18 (4) volunteers who have direct contact with persons served 5.19 by the program to provide program services, if the contact is 5.20 not directly supervised by the individuals listed in clause (1) 5.21 or (3). 5.22 The juvenile courts shall also help with the study by 5.23 giving the commissioner existing juvenile court records on 5.24 individuals described in clause (2) relating to delinquency 5.25 proceedings held within either the five years immediately 5.26 preceding the application or the five years immediately 5.27 preceding the individual's 18th birthday, whichever time period 5.28 is longer. The commissioner shall destroy juvenile records 5.29 obtained pursuant to this subdivision when the subject of the 5.30 records reaches age 23. 5.31 For purposes of this section and Minnesota Rules, part 5.32 9543.3070, a finding that a delinquency petition is proven in 5.33 juvenile court shall be considered a conviction in state 5.34 district court. 5.35 For purposes of this subdivision, "direct contact" means 5.36 providing face-to-face care, training, supervision, counseling, 6.1 consultation, or medication assistance to persons served by a 6.2 program. For purposes of this subdivision, "directly supervised" 6.3 means an individual listed in clause (1) or (3) is within sight 6.4 or hearing of a volunteer to the extent that the individual 6.5 listed in clause (1) or (3) is capable at all times of 6.6 intervening to protect the health and safety of the persons 6.7 served by the program who have direct contact with the volunteer. 6.8 A study of an individual in clauses (1) to (4) shall be 6.9 conducted at least upon application for initial license and 6.10 reapplication for a license. No applicant, license holder, or 6.11 individual who is the subject of the study shall pay any fees 6.12 required to conduct the study. 6.13 (b) The individual who is the subject of the study must 6.14 provide the applicant or license holder with sufficient 6.15 information to ensure an accurate study including the 6.16 individual's first, middle, and last name; home address, city, 6.17 county, and state of residence; zip code; sex; date of birth; 6.18 and driver's license number. The applicant or license holder 6.19 shall provide this information about an individual in paragraph 6.20 (a), clauses (1) to (4), on forms prescribed by the 6.21 commissioner. The commissioner may request additional 6.22 information of the individual, which shall be optional for the 6.23 individual to provide, such as the individual's social security 6.24 number or race. 6.25 (c) Except for child foster care, adult foster care, and 6.26 family day care homes, a study must include information from the 6.27 county agency's record of substantiated abuse or neglect of 6.28 adults in licensed programs, and the maltreatment of minors in 6.29 licensed programs, information from juvenile courts as required 6.30 in paragraph (a) for persons listed in paragraph (a), clause 6.31 (2), and information from the bureau of criminal apprehension. 6.32 For child foster care, adult foster care, and family day care 6.33 homes, the study must include information from the county 6.34 agency's record of substantiated abuse or neglect of adults, and 6.35 the maltreatment of minors, information from juvenile courts as 6.36 required in paragraph (a) for persons listed in paragraph (a), 7.1 clause (2), and information from the bureau of criminal 7.2 apprehension. The commissioner may also review arrest and 7.3 investigative information from the bureau of criminal 7.4 apprehension, a county attorney, county sheriff, county agency, 7.5 local chief of police, other states, the courts, or a national 7.6 criminal record repository if the commissioner has reasonable 7.7 cause to believe the information is pertinent to the 7.8 disqualification of an individual listed in paragraph (a), 7.9 clauses (1) to (4). 7.10 (d) An applicant's or license holder's failure or refusal 7.11 to cooperate with the commissioner is reasonable cause to deny 7.12 an application or immediately suspend, suspend, or revoke a 7.13 license. Failure or refusal of an individual to cooperate with 7.14 the study is just cause for denying or terminating employment of 7.15 the individual if the individual's failure or refusal to 7.16 cooperate could cause the applicant's application to be denied 7.17 or the license holder's license to be immediately suspended, 7.18 suspended, or revoked. 7.19 (e) The commissioner shall not consider an application to 7.20 be complete until all of the information required to be provided 7.21 under this subdivision has been received. 7.22 (f) No person in paragraph (a), clause (1), (2), (3), or 7.23 (4) who is disqualified as a result of this section may be 7.24 retained by the agency in a position involving direct contact 7.25 with persons served by the program. 7.26 (g) Termination of persons in paragraph (a), clause (1), 7.27 (2), (3), or (4) made in good faith reliance on a notice of 7.28 disqualification provided by the commissioner shall not subject 7.29 the applicant or license holder to civil liability. 7.30 (h) The commissioner may establish records to fulfill the 7.31 requirements of this section. 7.32 (i) The commissioner may not disqualify an individual 7.33 subject to a study under this section because that person has, 7.34 or has had, a mental illness as defined in section 245.462, 7.35 subdivision 20. 7.36 (j) An individual who is subject to an applicant background 8.1 study under this section and whose disqualification in 8.2 connection with a license would be subject to the limitations on 8.3 reconsideration set forth in subdivision 3b, paragraph (c), 8.4 shall be disqualified for conviction of the crimes specified in 8.5 the manner specified in subdivision 3b, paragraph (c). The 8.6 commissioner of human services shall amend Minnesota Rules, part 8.7 9543.3070, to conform to this section. 8.8 Sec. 4. Minnesota Statutes 1994, section 245A.04, 8.9 subdivision 3b, is amended to read: 8.10 Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) 8.11 Within 30 days after receiving notice of disqualification under 8.12 subdivision 3a, the individual who is the subject of the study 8.13 may request reconsideration of the notice of disqualification. 8.14 The individual must submit the request for reconsideration to 8.15 the commissioner in writing. The individual must present 8.16 information to show that: 8.17 (1) the information the commissioner relied upon is 8.18 incorrect; or 8.19 (2) the subject of the study does not pose a risk of harm 8.20 to any person served by the applicant or license holder. 8.21 (b) The commissioner may set aside the disqualification if 8.22 the commissioner finds that the information the commissioner 8.23 relied upon is incorrect or the individual does not pose a risk 8.24 of harm to any person served by the applicant or license 8.25 holder. The commissioner shall review the consequences of the 8.26 event or events that could lead to disqualification, whether 8.27 there is more than one disqualifying event, the vulnerability of 8.28 the victim at the time of the event, the time elapsed without a 8.29 repeat of the same or similar event, and documentation of 8.30 successful completion by the individual studied of training or 8.31 rehabilitation pertinent to the event. In reviewing a 8.32 disqualification, the commissioner shall give preeminent weight 8.33 to the safety of each person to be served by the license holder 8.34 or applicant over the interests of the license holder or 8.35 applicant. 8.36 (c) Unless the information the commissioner relied on in 9.1 disqualifying an individual is incorrect, the commissioner may 9.2 not set aside the disqualification of an individual in 9.3 connection with a license to provide family day care for 9.4 children, foster care for children in the provider's own home, 9.5 or foster care or day care services for adults in the provider's 9.6 own home if: 9.7 (1) less than ten years have passed since the discharge of 9.8 the sentence imposed for the offense; and the individual has 9.9 been convicted of a violation of any offense listed in section 9.10 609.20 (manslaughter in the first degree), 609.205 (manslaughter 9.11 in the second degree), 609.21 (criminal vehicular homicide), 9.12 609.215 (aiding suicide or aiding attempted suicide), 609.221 to 9.13 609.2231 (felony violations of assault in the first, second, 9.14 third, or fourth degree), 609.713 (terroristic threats), 609.235 9.15 (use of drugs to injure or to facilitate crime), 609.24 (simple 9.16 robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 9.17 609.255 (false imprisonment), 609.561 or 609.562 (arson in the 9.18 first or second degree), 609.71 (riot), 609.582 (burglary in the 9.19 first or second degree), 609.66 (reckless use of a gun or 9.20 dangerous weapon or intentionally pointing a gun at or towards a 9.21 human being), 609.665 (setting a spring gun), 609.67 (unlawfully 9.22 owning, possessing, or operating a machine gun), 609.749 9.23 (stalking), 152.021 or 152.022 (controlled substance crime in 9.24 the first or second degree), 152.023, subdivision 1, clause (3) 9.25 or (4), or subdivision 2, clause (4) (controlled substance crime 9.26 in the third degree), 152.024, subdivision 1, clause (2), (3), 9.27 or (4) (controlled substance crime in the fourth degree), 9.28 609.228 (great bodily harm caused by distribution of drugs), 9.29 609.23 (mistreatment of persons confined), 609.231 (mistreatment 9.30 of residents or patients), 609.265 (abduction), 609.2664 to 9.31 609.2665 (manslaughter of an unborn child in the first or second 9.32 degree), 609.267 to 609.2672 (assault of an unborn child in the 9.33 first, second, or third degree), 609.268 (injury or death of an 9.34 unborn child in the commission of a crime), 617.293 9.35 (disseminating or displaying harmful material to minors), 9.36 609.378 (neglect or endangerment of a child), 609.377 (a gross 10.1 misdemeanor offense of malicious punishment of a child); or an 10.2 attempt or conspiracy to commit any of these offenses, as each 10.3 of these offenses is defined in Minnesota Statutes; or an 10.4 offense in any other state, the elements of which are 10.5 substantially similar to the elements of any of the foregoing 10.6 offenses; 10.7 (2) regardless of how much time has passed since the 10.8 discharge of the sentence imposed for the offense, the 10.9 individual was convicted of a violation of any offense listed in 10.10 sections 609.185 to 609.195 (murder in the first, second, or 10.11 third degree), 609.2661 to 609.2663 (murder of an unborn child 10.12 in the first, second, or third degree), 609.377 (a felony 10.13 offense of malicious punishment of a child), 609.322 10.14 (soliciting, inducement, or promotion of prostitution), 609.323 10.15 (receiving profit derived from prostitution), 609.342 to 609.345 10.16 (criminal sexual conduct in the first, second, third, or fourth 10.17 degree), 609.352 (solicitation of children to engage in sexual 10.18 conduct), 617.246 (use of minors in a sexual performance), 10.19 617.247 (possession of pictorial representations of a minor), 10.20 609.365 (incest), or an attempt or conspiracy to commit any of 10.21 these offenses as defined in Minnesota Statutes, or an offense 10.22 in any other state, the elements of which are substantially 10.23 similar to any of the foregoing offenses; 10.24 (3) within the seven years preceding the study, the 10.25 individual committed an act that constitutes maltreatment of a 10.26 child under section 626.556, subdivision 10e, and that resulted 10.27 in substantial bodily harm as defined in section 609.02, 10.28 subdivision 7a, or substantial mental or emotional harm as 10.29 supported by competent psychological or psychiatric evidence; or 10.30 (4) within the seven years preceding the study, the 10.31 individual was determined under section 626.557 to be the 10.32 perpetrator of a substantiated incident of abuse of a vulnerable 10.33 adult that resulted in substantial bodily harm as defined in 10.34 section 609.02, subdivision 7a, or substantial mental or 10.35 emotional harm as supported by competent psychological or 10.36 psychiatric evidence. 11.1 In the case of any ground for disqualification under 11.2 clauses (1) to (4), if the act was committed by an individual 11.3 other than the applicant or license holder residing in the 11.4 applicant's or license holder's home, the applicant or license 11.5 holder may seek reconsideration when the individual who 11.6 committed the act no longer resides in the home. 11.7 The disqualification periods provided under clauses (1), 11.8 (3), and (4) are the minimum applicable disqualification 11.9 periods. The commissioner may determine that an individual 11.10 should continue to be disqualified from licensure because the 11.11 license holder or applicant poses a risk of harm to a person 11.12 served by that individual after the minimum disqualification 11.13 period has passed. 11.14 (d) The commissioner shall respond in writing to all 11.15 reconsideration requests within 15 working days after receiving 11.16 the request for reconsideration. If the disqualification is set 11.17 aside, the commissioner shall notify the applicant or license 11.18 holder in writing of the decision. 11.19 (e) Except as provided in subdivision 3c, the 11.20 commissioner's decision to disqualify an individual, including 11.21 the decision to grant or deny a reconsideration of 11.22 disqualification under this subdivision, or to set aside or 11.23 uphold the results of the study under subdivision 3, is the 11.24 final administrative agency action and shall not be subject to 11.25 further review in a contested case under chapter 14 involving a 11.26 negative licensing action taken in response to the 11.27 disqualification. 11.28 Sec. 5. Minnesota Statutes 1994, section 245A.04, 11.29 subdivision 7, is amended to read: 11.30 Subd. 7. [ISSUANCE OF A LICENSE; PROVISIONAL LICENSE.] (a) 11.31 If the commissioner determines that the program complies with 11.32 all applicable rules and laws, the commissioner shall issue a 11.33 license. At minimum, the license shall state: 11.34 (1) the name of the license holder; 11.35 (2) the address of the program; 11.36 (3) the effective date and expiration date of the license; 12.1 (4) the type of license; 12.2 (5) the maximum number and ages of persons that may receive 12.3 services from the program; and 12.4 (6) any special conditions of licensure. 12.5 (b) The commissioner may issue a provisional license for a 12.6 period not to exceed one year if: 12.7 (1) the commissioner is unable to conduct the evaluation or 12.8 observation required by subdivision 4, paragraph (a), clauses (3) 12.9 and (4), because the program is not yet operational; 12.10 (2) certain records and documents are not available because 12.11 persons are not yet receiving services from the program; and 12.12 (3) the applicant complies with applicable laws and rules 12.13 in all other respects. 12.14 A provisional license must not be issued except at the time that 12.15 a license is first issued to an applicant. 12.16 (c) A decision by the commissioner to issue a license does 12.17 not guarantee that any person or persons will be placed or cared 12.18 for in the licensed program. A license shall not be 12.19 transferable to another individual, corporation, partnership, 12.20 voluntary association, other organization, or controlling 12.21 individual, or to another location. Unless otherwise specified 12.22 by statute, all licenses expire at 12:01 a.m. on the day after 12.23 the expiration date stated on the license. A license holder 12.24 must apply for and be granted a new license to operate the 12.25 program or the program must not be operated after the expiration 12.26 date. 12.27 Sec. 6. Minnesota Statutes 1994, section 245A.04, 12.28 subdivision 9, is amended to read: 12.29 Subd. 9. [VARIANCES.] The commissioner may grant variances 12.30 to rules that do not affect the health or safety of persons in a 12.31 licensed program if the following conditions are met: 12.32 (1) the variance must be requested by an applicant or 12.33 license holder on a form and in a manner prescribed by the 12.34 commissioner; 12.35 (2) the request for a variance must include the reasons 12.36 that the applicant or license holder cannot comply with a 13.1 requirement as stated in the rule and the alternative equivalent 13.2 measures that the applicant or license holder will follow to 13.3 comply with the intent of the rule; and 13.4 (3) the request must state the period of time for which the 13.5 variance is requested. 13.6 The commissioner may grant a permanent variance when 13.7 conditions under which the variance is requested do not affect 13.8 the health or safety of persons being served by the licensed 13.9 program, nor compromise the qualifications of staff to provide 13.10 services. The permanent variance shall expire as soon as the 13.11 conditions that warranted the variance are modified in any way. 13.12 Any applicant or license holder must inform the commissioner of 13.13 any changes or modifications that have occurred in the 13.14 conditions that warranted the permanent variance. Failure to 13.15 advise the commissioner shall result in revocation of the 13.16 permanent variance and may be cause for other sanctions under 13.17 sections 245A.06 and 245A.07. 13.18 The commissioner's decision to grant or deny a variance 13.19 request is final and not subject to appeal under the provisions 13.20 of chapter 14. 13.21 Sec. 7. Minnesota Statutes 1994, section 245A.06, 13.22 subdivision 2, is amended to read: 13.23 Subd. 2. [RECONSIDERATION OF CORRECTION ORDERS.] If the 13.24 applicant or license holder believes that the contents of the 13.25 commissioner's correction order are in error, the applicant or 13.26 license holder may ask the department of human services to 13.27 reconsider the parts of the correction order that are alleged to 13.28 be in error. The request for reconsideration must be in 13.29 writing, delivered by certified mailand received by the 13.30 commissioner within 20 calendar days after receipt of the 13.31 correction order by the applicant or license holder, and: 13.32 (1) specify the parts of the correction order that are 13.33 alleged to be in error; 13.34 (2) explain why they are in error; and 13.35 (3) include documentation to support the allegation of 13.36 error. 14.1 A request for reconsideration does not stay any provisions 14.2 or requirements of the correction order. The commissioner's 14.3 disposition of a request for reconsideration is final and not 14.4 subject to appeal under chapter 14. 14.5 Sec. 8. Minnesota Statutes 1994, section 245A.06, 14.6 subdivision 4, is amended to read: 14.7 Subd. 4. [NOTICE OF FINE; APPEAL.] A license holder who is 14.8 ordered to pay a fine must be notified of the order by certified 14.9 mail. The notice must be mailed to the address shown on the 14.10 application or the last known address of the license holder. 14.11 The notice must state the reasons the fine was ordered and must 14.12 inform the license holder of the responsibility for payment of 14.13 fines in subdivision 7 and the right to a contested case hearing 14.14 under chapter 14. The license holder may appeal the order to 14.15 forfeit a fine by notifying the commissioner by certified mail 14.16 within 15 calendar days after receiving the order. A timely 14.17 appeal shall stay forfeiture of the fine until the commissioner 14.18 issues a final order under section 245A.08, subdivision 5. 14.19 Sec. 9. Minnesota Statutes 1994, section 245A.06, is 14.20 amended by adding a subdivision to read: 14.21 Subd. 7. [RESPONSIBILITY FOR PAYMENT OF FINES.] When a 14.22 fine has been assessed, the license holder may not avoid payment 14.23 by closing, selling, or otherwise transferring the licensed 14.24 program to a third party. In such an event, the license holder 14.25 will be personally liable for payment. In the case of a 14.26 corporation, each controlling individual is personally and 14.27 jointly liable for payment. 14.28 Sec. 10. Minnesota Statutes 1994, section 245A.07, 14.29 subdivision 3, is amended to read: 14.30 Subd. 3. [SUSPENSION, REVOCATION, PROBATION.] The 14.31 commissioner may suspend, revoke, or make probationary a license 14.32 if a license holder fails to comply fully with applicable laws 14.33 or rules or knowingly gives false or misleading information to 14.34 the commissioner in connection with an application for a license 14.35 or during an investigation. A license holder who has had a 14.36 license suspended, revoked, or made probationary must be given 15.1 notice of the action by certified mail. The notice must be 15.2 mailed to the address shown on the application or the last known 15.3 address of the license holder. The notice must state the 15.4 reasons the license was suspended, revoked, or made probationary. 15.5 (a) If the license was suspended or revoked, the notice 15.6 must inform the license holder of the right to a contested case 15.7 hearing under chapter 14. The license holder may appeal an 15.8 order suspending or revoking a license. The appeal of an order 15.9 suspending or revoking a license must be made in writing by 15.10 certified mail and must be received by the commissioner within 15.11 ten calendar days after the license holder receives notice that 15.12 the license has been suspended or revoked. 15.13 (b) If the license was made probationary, the notice must 15.14 inform the license holder of the right to request a 15.15 reconsideration by the commissioner. The request for 15.16 reconsideration must be made in writing by certified mail and 15.17 must be received by the commissioner within ten calendar days 15.18 after the license holder receives notice that the license has 15.19 been made probationary. The license holder may submit with the 15.20 request for reconsideration written argument or evidence in 15.21 support of the request for reconsideration. The commissioner's 15.22 disposition of a request for reconsideration is final and is not 15.23 subject to appeal under chapter 14. 15.24 Sec. 11. Minnesota Statutes 1994, section 245A.14, 15.25 subdivision 6, is amended to read: 15.26 Subd. 6. [DROP-IN CHILD CARE PROGRAMS.] (a) Except as 15.27 expressly set forth in this subdivision, drop-in child care 15.28 programs must be licensed as a drop-in program under the rules 15.29 governing child care programs operated in a center. 15.30 (b) Drop-in child care programs are exempt from the 15.31 following Minnesota Rules: 15.32 (1) part 9503.0040; 15.33 (2) part 9503.0045, subpart 1, items F and G; 15.34 (3) part 9503.0050, subpart 6, except for children less 15.35 than 2-1/2 years old; 15.36 (4) one-half the requirements of part 9503.0060, subpart 4, 16.1 item A, subitems (2), (5), and (8), subpart 5, item A, subitems 16.2 (2), (3), and (7), and subpart 6, item A, subitems (3) and (6); 16.3 (5) part 9503.0070; and 16.4 (6) part 9503.0090, subpart 2. 16.5 (c) A drop-in child care program must be operated under the 16.6 supervision of a person qualified as a director and a teacher. 16.7 (d) A drop-in child care program must have at least two 16.8 persons on staff whenever the program is operating, except that 16.9 the commissioner may permit variances from this requirement 16.10 under specified circumstances for parent cooperative programs, 16.11 as long as all other staff-to-child ratios are met. 16.12 (e) Whenever the total number of children present to be 16.13 cared for at a center is more than 20, children that are younger 16.14 than age 2-1/2 must be in a separate group. This group may 16.15 contain children up to 60 months old. This group must be cared 16.16 for in an area that is physically separated from older children. 16.17 (f) A drop-in child care program must maintain a minimum 16.18 staff ratio for children age 2-1/2 or greater of one staff 16.19 person for each ten children. 16.20 (g) If the program has additional staff who are on call as 16.21 a mandatory condition of their employment, the minimum 16.22 child-to-staff ratio may be exceeded only for children age 2-1/2 16.23 or greater, by a maximum of four children, for no more than 20 16.24 minutes while additional staff are in transit. 16.25 (h) The minimum staff-to-child ratio for infants up to 16 16.26 months of age is one staff person for every four infants. The 16.27 minimum staff-to-child ratio for children age 17 months to 30 16.28 months is one staff for every seven children. 16.29 (i) In drop-in care programs that serve both infants and 16.30 older children, children up to age 2-1/2 may be supervised by 16.31 assistant teachers, as long as other staff are present in 16.32 appropriate ratios. 16.33 (j) The minimum staff distribution pattern for a drop-in 16.34 child care program serving children age 2-1/2 or greater is: 16.35 the first staff member must be a teacher; the second, third, and 16.36 fourth staff members must have at least the qualifications of a 17.1 child care aide; the fifth staff member must have at least the 17.2 qualifications of an assistant teacher; the sixth, seventh, and 17.3 eighth staff members must have at least the qualifications of a 17.4 child care aide; and the ninth staff person must have at least 17.5 the qualifications of an assistant teacher. 17.6 (k) A drop-in child care program may care for siblings 16 17.7 months or older together in any group. For purposes of this 17.8 subdivision, sibling is defined as sister or brother, 17.9 half-sister or half-brother, or stepsister or stepbrother. 17.10 (l) The commissioner may grant a variance to any of the 17.11 requirements in paragraphs (a) to (k), as long as the health and 17.12 safety of the persons served by the program are not affected. 17.13 The request for a variance shall comply with the provisions in 17.14 section 245A.04, subdivision 9. 17.15 Sec. 12. Minnesota Statutes 1994, section 256.12, 17.16 subdivision 14, is amended to read: 17.17 Subd. 14. [DEPENDENT CHILD.] (a) "Dependent child," as 17.18 used in sections 256.72 to 256.87, means a child under the age 17.19 of 18 years, or a child under the age of 19 years who is 17.20 regularly attending as a full-time student, and is expected to 17.21 complete before reaching age 19, a high school or a secondary 17.22 level course of vocational or technical training designed to fit 17.23 students for gainful employment, who is found to be deprived of 17.24 parental support or care by reason of the death, continued 17.25 absence from the home, physical or mental incapacity of a 17.26 parent, or who is a child of an unemployed parent as that term 17.27 is defined by the commissioner of human services, such 17.28 definition to be consistent with and not to exceed minimum 17.29 standards established by the Congress of the United States and 17.30 the Secretary of Health and Human Services. When defining 17.31 "unemployed parent," the commissioner shall count up to four 17.32 calendar quarters of full-time attendance in any of the 17.33 following toward the requirement that a principal earner have 17.34 six or more quarters of work in any 13 calendar quarter period 17.35 ending within one year before application for aid to families 17.36 with dependent children: 18.1 (1) an elementary or secondary school; 18.2 (2) a federally approved vocational or technical training 18.3 course designed to prepare the parent for gainful employment; or 18.4 (3) full-time participation in an education or training 18.5 program established under the job training partnership act. 18.6 (b) Dependent child also means a child: 18.7 (1) whose relatives are liable under the law for the 18.8 child's support and are not able to provide adequate care and 18.9 support of the child; and 18.10 (2) who is living with father, mother, grandfather, 18.11 grandmother, brother, sister, stepfather, stepmother, 18.12 stepbrother, stepsister, uncle, aunt, first cousin, nephew, or 18.13 niece in a place of residence maintained by one or more of these 18.14 relatives as a home. 18.15 (c) Dependent child also means a child who has been removed 18.16 from the home of a relative after a judicial determination that 18.17 continuance in the home would be contrary to the welfare and 18.18 best interests of the child and whose care and placement in a 18.19 foster home, a different relative's home, or a private licensed 18.20 child care institution is, in accordance with the rules of the 18.21 commissioner, the responsibility of the state or county agency 18.22 under sections 256.72 to 256.87.This child is eligible for18.23benefits only through the foster care and adoption assistance18.24program contained in Title IV-E of the Social Security Act,18.25United States Code, title 42, sections 670 to 676, and is not18.26entitled to benefits under sections 256.72 to 256.87.18.27 Sec. 13. Minnesota Statutes 1994, section 256.82, is 18.28 amended by adding a subdivision to read: 18.29 Subd. 5. [PRIVATE AGENCY CONTRACTS.] Notwithstanding any 18.30 other provision of this section, rates for contracted foster 18.31 care services to licensed child care placing agencies are a 18.32 matter of contract between the licensed child care placing 18.33 agency and the local service agency. The foster care difficulty 18.34 of care laws and administrative rules do not apply, unless the 18.35 parties to a contract for foster care services mutually agree to 18.36 use them. 19.1 Sec. 14. Minnesota Statutes 1994, section 256.8711, is 19.2 amended to read: 19.3 256.8711 [EMERGENCY ASSISTANCE; INTENSIVE FAMILY 19.4PRESERVATIONSERVICES.] 19.5 Subdivision 1. [SCOPE OF SERVICES.] (a) For a family 19.6 experiencing an emergency as defined in subdivision 2, and for 19.7 whom the county authorizes services under subdivision 3, 19.8 intensive familypreservationservices authorized under this 19.9 section include both intensive family preservation services and 19.10 emergency assistance placement services. 19.11 (b) For purposes of this section, intensive family 19.12 preservation services are: 19.13 (1) crisis family-based services; 19.14 (2) counseling family-based services; and 19.15 (3) mental health family-based services. 19.16 Intensive family preservation services also include 19.17 family-based life management skills when it is provided in 19.18 conjunction with any of the three family-based services or five 19.19 emergency assistance placement services in this subdivision. 19.20 The intensive family preservation services in clauses (1), (2), 19.21 and (3) and life management skills have the meanings given in 19.22 section 256F.03, subdivision 5, paragraphs (a), (b), (c), and 19.23 (e). 19.24 (c) For purposes of this section, emergency assistance 19.25 placement services include: 19.26 (1) emergency shelter services; 19.27 (2) foster care services; 19.28 (3) group home services; 19.29 (4) child residential treatment services; and 19.30 (5) correctional facility services. 19.31 Subd. 2. [DEFINITION OF EMERGENCY.] For the purposes of 19.32 this section, an emergency is a situation in which the dependent 19.33 children are at risk for out-of-home placement due to abuse, 19.34 neglect, or delinquency;orwhen the children are returning home 19.35 from placements but need services to prevent another 19.36 placement;orwhen the parents are unable to provide care; or 20.1 when the dependent children have been removed from the home by a 20.2 peace officer, by order of the juvenile court, or pursuant to a 20.3 voluntary placement agreement, to a publicly funded out-of-home 20.4 placement. 20.5 Subd. 3. [COUNTY AUTHORIZATION.] The county agency shall 20.6 assess current and prospective client families with a dependent 20.7 under 21 years of age to determine if there is an emergency, as 20.8 defined in subdivision 2, and to determine if there is a need 20.9 for intensive familypreservationservices. Upon such 20.10 determinations,during the period October 1, 1993 to September20.1130, 1995,counties shall authorize intensive familypreservation20.12 services for up to90 days12 months for eligible families under 20.13 this section and under section 256.871, subdivisions 1 and 20.14 3.Effective October 1, 1995,Once authorized, intensive family 20.15 services shall be used singly or in any combination or duration 20.16 up to 12 months appropriate to the needs of the child, as 20.17 determined by the county agency. 20.18 Subd. 3a. [LIMITATIONS ON FEDERAL FUNDING.] County 20.19 agencies shall determine eligibility under Title IV-E of the 20.20 Social Security Act for every child being considered for 20.21 emergency assistance placement services. The commissioner and 20.22 county agencies shall make every effort to use federal funding 20.23 under Title IV-E of the Social Security Act instead of federal 20.24 funding under this section, whenever possible. The counties' 20.25 obligations to continue the base level of expenditures and to 20.26 expand family preservation services as defined in section 20.27 256F.03, subdivision 5, are eliminated,with the termination of20.28 if the federal revenue earned under this section is terminated. 20.29 If the federal revenue earned under this section is terminated 20.30 or inadequate, the state has no obligation to pay for these 20.31 services. In the event that federal limitations or ceilings are 20.32 imposed on federal emergency assistance funding, the 20.33 commissioner shall use the funds according to these priorities: 20.34 (1) emergency assistance benefits under section 256.871; 20.35 (2) emergency assistance benefits under the reserve 20.36 established in subdivision 5; 21.1 (3) intensive family preservation services under this 21.2 section; and 21.3 (4) emergency assistance placement services under this 21.4 section. 21.5 Subd. 4. [COST TO FAMILIES.] Family preservation services 21.6 provided under this section or sections 256F.01 to 256F.07 shall 21.7 be provided at no cost to the client and without regard to the 21.8 client's available income or assets. Emergency assistance 21.9 placement services provided under this section shall not be 21.10 dependent on the client's available income or assets. However, 21.11 county agencies shall seek costs of care as required under 21.12 section 260.251 for emergency assistance placement services. 21.13 Subd. 5. [EMERGENCY ASSISTANCE RESERVE.] The commissioner 21.14 shall establish an emergency assistance reserve for families who 21.15 receive intensive familypreservationservices under this 21.16 section. A family is eligible to receive assistance once from 21.17 the emergency assistance reserve if it received intensive family 21.18preservationservices under this section within the past 12 21.19 months, but has not received emergency assistance under section 21.20 256.871 during that period. The emergency assistance reserve 21.21 shall cover the cost of the federal share of the assistance that 21.22 would have been available under section 256.871, except for the 21.23 provision of intensive familypreservationservices provided 21.24 under this section. The emergency assistance reserve shall be 21.25 authorized and paid in the same manner as emergency assistance 21.26 is provided under section 256.871. Funds set aside for the 21.27 emergency assistance reserve that are not needed as determined 21.28 by the commissioner shall be distributed by the terms of 21.29 subdivision 6, paragraph (a); or 6b, paragraph (a), depending on 21.30 how the funds were earned. 21.31 Subd. 6. [DISTRIBUTION OF NEW FEDERAL REVENUE EARNED FOR 21.32 INTENSIVE FAMILY PRESERVATION SERVICES.] (a) All federal funds 21.33 not set aside under paragraph (b), and at least 50 percent of 21.34 all federal funds earned for intensive family preservation 21.35 services under this section and earned through assessment 21.36 activity under subdivision 3, shall be paid to each county based 22.1 on its earnings and assessment activity, respectively, and shall 22.2 be used by each county to expand family preservation core 22.3 services as defined in section 256F.03, subdivision510, and 22.4 may be used to expand crisis nursery services. If a county 22.5 joins a local children's mental health collaborative as 22.6 authorized by the 1993 legislature, then the federal 22.7 reimbursement received under this paragraph by the county for 22.8 providing intensive family preservation services to children 22.9 served by the local collaborative shall be transferred by the 22.10 county to the integrated fund. The federal reimbursement 22.11 transferred to the integrated fund by the county must be used 22.12 for intensive family preservation services as defined in section 22.13 256F.03, subdivision 5, to the target population. 22.14 (b) The commissioner shall set aside a portion, not to 22.15 exceed 50 percent, of the federal funds earned for intensive 22.16 family preservation services under this section and earned 22.17 through assessment activity described under subdivision 3. The 22.18 set aside funds shall be used to develop and expand intensive 22.19 family preservation services statewide as provided in 22.20 subdivisions 6a and 7 and establish an emergency assistance 22.21 reserve as provided in subdivision 5. 22.22 Subd. 6a. [DEVELOPMENT GRANTS.] Except for the portion 22.23 needed for the emergency assistance reserve provided in 22.24 subdivision 5, the commissionermayshall distribute the funds 22.25 set aside under subdivision 6, paragraph (b), 22.26 through development grants toa county orcounties to establish 22.27 and maintainapproved intensivefamily preservation core 22.28 services as defined in section 256F.03, subdivision 10, 22.29 statewide.Funds available for crisis family-based services22.30through section 256F.05, subdivision 8, shall be considered in22.31establishing intensive family preservation services statewide.22.32The commissioner may phase in intensive family preservation22.33services in a county or group of counties as new federal funds22.34become available.The commissioner's priority is to establish a 22.35 minimum level ofintensivefamily preservation core services 22.36 statewide. Each county's development grant shall be paid and 23.1 used as provided in sections 256F.01 to 256F.06. 23.2 Subd. 6b. [DISTRIBUTION OF NEW FEDERAL REVENUE EARNED FOR 23.3 EMERGENCY ASSISTANCE PLACEMENT SERVICES.] (a) All federal funds 23.4 earned for emergency assistance placement services not set aside 23.5 under paragraph (b), shall be paid to each county based on its 23.6 earnings. Fifty percent of these payments shall constitute the 23.7 placement earnings grant of the family preservation fund under 23.8 sections 256F.01 to 256F.06. The balance of these payments are 23.9 available for counties to use for local needs, as determined by 23.10 the county board. 23.11 (b) The commissioner may set aside a portion, not to exceed 23.12 15 percent, of the federal funds earned for emergency assistance 23.13 placement services under this section. The set aside funds 23.14 shall be used for the emergency assistance reserve as provided 23.15 in subdivision 5. 23.16 Subd. 7. [EXPANSION OF SERVICES AND BASE LEVEL OF 23.17 EXPENDITURES.] (a) Counties must continue the base level of 23.18 expenditures for family preservation core services as defined in 23.19 section 256F.03, subdivision510, from any state, county, or 23.20 federal funding source, which, in the absence of federal funds 23.21 earned for intensive family preservation services under this 23.22 section and earned through assessment activity described under 23.23 subdivision 3, would have been available for these services. 23.24 The commissioner shall review the county expenditures annually, 23.25 using reports required under sections 245.482, 256.01, 23.26 subdivision 2, paragraph (17), and 256E.08, subdivision 8, to 23.27 ensure that the base level of expenditures for family 23.28 preservation core services as defined in section 256F.03, 23.29 subdivision510, is continued from sources other than the 23.30 federal funds earned under this section and earned through 23.31 assessment activity described under subdivision 3. 23.32 (b) The commissionermayshall, at the request of a county, 23.33 reduce, suspend, or eliminate either or both of a county's 23.34 obligations to continue the base level of expenditures and to 23.35 expand family preservation core services as defined in section 23.36 256F.03, subdivision510, if the commissioner determines that 24.1 one or more of the following conditions apply to that county: 24.2 (1) imposition of levy limits or other levy restrictions 24.3 that significantly reduce available social service funds; 24.4 (2) reduction in the net tax capacity of the taxable 24.5 property within a county that significantly reduces available 24.6 social service funds; 24.7 (3) reduction in the number of children under age 19 in the 24.8 county by 25 percent when compared with the number in the base 24.9 year using the most recent data provided by the state 24.10 demographer's office;or24.11 (4) termination or reduction of the federal revenue earned 24.12 under this section; or 24.13 (5) other changes in state law that significantly impact 24.14 the receipt or distribution of state and federal funding. 24.15 (c) The commissioner may suspend for one year either or 24.16 both of a county's obligations to continue the base level of 24.17 expenditures and to expand family preservation core services as 24.18 defined in section 256F.03, subdivision510, if the 24.19 commissioner determines that in the previous year one or more of 24.20 the following conditions applied to that county: 24.21 (1) the unduplicated number of families who received family 24.22 preservation services under section 256F.03, subdivision 5, 24.23 paragraphs (a), (b), (c), and (e), equals or exceeds the 24.24 unduplicated number of children who entered placement under 24.25 sections 257.071 and 393.07, subdivisions 1 and 2, during the 24.26 year; 24.27 (2) the total number of children in placement under 24.28 sections 257.071 and 393.07, subdivisions 1 and 2, has been 24.29 reduced by 50 percent from the total number in the base year; or 24.30 (3) the average number of children in placement under 24.31 sections 257.071 and 393.07, subdivisions 1 and 2, on the last 24.32 day of each month is equal to or less than one child per 1,000 24.33 children in the county. 24.34 (d) For the purposes of this section, the base year is 24.35 calendar year 1992. For the purposes of this section, the base 24.36 level of expenditures is the level of county expenditures in the 25.1 base year for eligible family preservation services under 25.2 section 256F.03, subdivision 5, paragraphs (a), (b), (c), and 25.3 (e). 25.4 Subd. 8. [COUNTY RESPONSIBILITIES.] (a) Notwithstanding 25.5 section 256.871, subdivision 6, for intensive 25.6 familypreservationservices provided under this section, the 25.7 county agency shall submit quarterly fiscal reports as required 25.8 under section 256.01, subdivision 2, clause (17), and provide 25.9 the nonfederal share. 25.10 (b) County expenditures eligible for federal reimbursement 25.11 under this section must not be made from federal funds or funds 25.12 used to match other federal funds. 25.13 (c) The commissioner may suspend, reduce, or terminate the 25.14 federal reimbursement to a county that does not meet the 25.15 reporting or other requirements of this section. 25.16 Subd. 9. [PAYMENTS.] Notwithstanding section 256.025, 25.17 subdivision 2, payments to counties for social service 25.18 expenditures for intensive familypreservationservices under 25.19 this section shall be made only from the federal earnings under 25.20 this section and earned through assessment activity described 25.21 under subdivision 3. Counties may use up to ten percent of 25.22 federal earnings received under subdivision 6, paragraph (a), to 25.23 cover costs of income maintenance activities related to the 25.24 operation of this section and sections 256B.094 and 256F.10. 25.25 Subd. 10. [COMMISSIONER RESPONSIBILITIES.] The 25.26 commissioner in consultation with counties shall analyze state 25.27 funding options to cover costs of counties' base level 25.28 expenditures and any expansion of the nonfederal share of 25.29 intensive family preservation services resulting from 25.30 implementation of this section. The commissioner shall also 25.31 study problems of implementation, barriers to maximizing federal 25.32 revenue, and the impact on out-of-home placements of 25.33 implementation of this section. The commissioner shall report 25.34 to the legislature on the results of this analysis and study, 25.35 together with recommendations, by February 15, 1995. 25.36 Sec. 15. Minnesota Statutes 1994, section 256D.02, 26.1 subdivision 5, is amended to read: 26.2 Subd. 5. "Family" means the applicant or recipient and the 26.3 following persons who reside with the applicant or recipient: 26.4 (1) the applicant's spouse; 26.5 (2) any minor child of whom the applicant is a parent, 26.6 stepparent, or legal custodian, and that child's minor siblings, 26.7 including half-siblings and stepsiblings; 26.8 (3) the other parent of the applicant's minor child or 26.9 children together with that parent's minor children, and, if 26.10 that parent is a minor, his or her parents, stepparents, legal 26.11 guardians, and minor siblings; and 26.12 (4) if the applicant or recipient is a minor, the minor's 26.13 parents, stepparents, or legal guardians, and any other minor 26.14 children for whom those parents, stepparents, or legal guardians 26.15 are financially responsible. 26.16For the period July 1, 1993 to June 30, 1995,A minor child 26.17 who is temporarily absent from the applicant's or recipient's 26.18 home due to placement in foster care paid for from state or 26.19 local funds, but who is expected to return within six months of 26.20 the month of departure, is considered to be residing with the 26.21 applicant or recipient. 26.22 A "family" must contain at least one minor child and at 26.23 least one of that child's natural or adoptive parents, 26.24 stepparents, or legal custodians. 26.25 Sec. 16. Minnesota Statutes 1994, section 256F.01, is 26.26 amended to read: 26.27 256F.01 [PUBLIC POLICY.] 26.28 The public policy of this state is to assure that all 26.29 children, regardless of minority racial or ethnic heritage,live 26.30 in families that offer a safe, permanent relationship with 26.31 nurturing parents or caretakers. To help assure children the 26.32 opportunity to establish lifetime relationships, public social 26.33 services must strive to provide culturally competent services 26.34 and be directed toward: 26.35 (1) preventing the unnecessary separation of children from 26.36 their families by identifying family problems, assisting 27.1 families in resolving their problems, and preventing breakup of 27.2 the family if it is desirable and possible; 27.3 (2) restoring to their families children who have been 27.4 removed, by continuing to provide services to the reunited child 27.5 and the families; 27.6 (3) placing children in suitable adoptive homes, in cases 27.7 where restoration to the biological family is not possible or 27.8 appropriate; and 27.9 (4) assuring adequate care of children away from their 27.10 homes, in cases where the child cannot be returned home or 27.11 cannot be placed for adoption. 27.12 Sec. 17. Minnesota Statutes 1994, section 256F.02, is 27.13 amended to read: 27.14 256F.02 [CITATION.] 27.15 Sections 256F.01 to 256F.07 and 256F.10 may be cited as the 27.16 "Minnesota family preservation act." 27.17 Sec. 18. Minnesota Statutes 1994, section 256F.03, 27.18 subdivision 5, is amended to read: 27.19 Subd. 5. [FAMILY-BASED SERVICES.] "Family-based services" 27.20 means one or more of the services described in paragraphs (a) to 27.21 (f) provided to families primarily in their own home for a 27.22 limited time.Family-based services eligible for funding under27.23the family preservation act are the services described in27.24paragraphs (a) to (f).27.25 (a) [CRISIS SERVICES.] "Crisis services" means professional 27.26 services provided within 24 hours of referral to alleviate a 27.27 family crisis and to offer an alternative to placing a child 27.28 outside the family home. The services are intensive and time 27.29 limited. The service may offer transition to other appropriate 27.30 community-based services. 27.31 (b) [COUNSELING SERVICES.] "Counseling services" means 27.32 professional family counseling provided to alleviate individual 27.33 and family dysfunction; provide an alternative to placing a 27.34 child outside the family home; or permit a child to return 27.35 home. The duration, frequency, and intensity of the service is 27.36 determined in the individual or family service plan. 28.1 (c) [LIFE MANAGEMENT SKILLS SERVICES.] "Life management 28.2 skills services" means paraprofessional services that teach 28.3 family members skills in such areas as parenting, budgeting, 28.4 home management, and communication. The goal is to strengthen 28.5 family skills as an alternative to placing a child outside the 28.6 family home or to permit a child to return home. A social 28.7 worker shall coordinate these services within the family case 28.8 plan. 28.9 (d) [CASE COORDINATION SERVICES.] "Case coordination 28.10 services" means professional services provided to an individual, 28.11 family, or caretaker as an alternative to placing a child 28.12 outside the family home, to permit a child to return home, or to 28.13 stabilize the long-term or permanent placement of a child. 28.14 Coordinated services are provided directly, are arranged, or are 28.15 monitored to meet the needs of a child and family. The 28.16 duration, frequency, and intensity of services is determined in 28.17 the individual or family service plan. 28.18 (e) [MENTAL HEALTH SERVICES.] "Mental health services" 28.19 means the professional services defined in section 245.4871, 28.20 subdivision 31. 28.21 (f) [EARLY INTERVENTION SERVICES.] "Early intervention 28.22 services" means family-based intervention services designed to 28.23 help at-risk families avoid crisis situations. 28.24 Sec. 19. Minnesota Statutes 1994, section 256F.03, is 28.25 amended by adding a subdivision to read: 28.26 Subd. 10. [FAMILY PRESERVATION CORE SERVICES.] "Family 28.27 preservation core services" means adequate capacity of crisis 28.28 services as defined in subdivision 5, paragraph (a), plus either 28.29 or both counseling services as defined in subdivision 5, 28.30 paragraph (b), and mental health services as defined in 28.31 subdivision 5, paragraph (e), plus life management skills 28.32 services as defined in subdivision 5, paragraph (c). 28.33 Sec. 20. Minnesota Statutes 1994, section 256F.04, 28.34 subdivision 1, is amended to read: 28.35 Subdivision 1. [GRANT PROGRAMFAMILY PRESERVATION FUND.] 28.36 The commissioner shall establish astatewidefamily preservation 29.1grant programfund to assist counties in providing placement 29.2 prevention and family reunification services. This fund shall 29.3 include a basic grant for family preservation services, a 29.4 placement earnings grant under section 256.8711, subdivision 6b, 29.5 paragraph (a), and a development grant under section 256.8711, 29.6 subdivision 6a, to assist counties in developing and expanding 29.7 their family preservation core services as defined in section 29.8 256F.03, subdivision 10. Beginning with calendar year 1998, 29.9 after each annual or quarterly calculation, these three 29.10 component grants shall be added together and treated as a 29.11 single-family preservation grant. 29.12 Sec. 21. Minnesota Statutes 1994, section 256F.04, 29.13 subdivision 2, is amended to read: 29.14 Subd. 2. [FORMS AND INSTRUCTIONS.] The commissioner shall 29.15 provide necessary forms and instructions to the counties for 29.16 their community social services plan, as required in section 29.17 256E.09, that incorporate thepermanency plan format and29.18 information necessary to apply for a family preservation fund 29.19 grant, and to exercise county options under section 256F.05, 29.20 subdivision 7, paragraph (a), or subdivision 8, paragraph (c). 29.21 Sec. 22. Minnesota Statutes 1994, section 256F.05, is 29.22 amended by adding a subdivision to read: 29.23 Subd. 1a. [DEVELOPMENT OF FAMILY PRESERVATION CORE 29.24 SERVICES.] The commissioner shall annually determine whether a 29.25 county's family preservation core services, as defined in 29.26 section 256F.03, subdivision 10, are developed for that calendar 29.27 year. In making this determination for any given calendar year, 29.28 the commissioner shall consider factors for each county such as 29.29 which family preservation core services are included in its 29.30 community services plan under section 256E.09, the ratio of 29.31 expenditures on family preservation core services to 29.32 expenditures on out-of-home placements, the availability of 29.33 crisis services as defined in section 256F.03, subdivision 5, 29.34 paragraph (a), and recent trends in out-of-home placements both 29.35 within that county and statewide. 29.36 Sec. 23. Minnesota Statutes 1994, section 256F.05, 30.1 subdivision 2, is amended to read: 30.2 Subd. 2. [MONEY AVAILABLE FOR THE BASIC GRANT.] Money 30.3 appropriated for family preservationgrants to countiesunder 30.4 sections 256F.04 to 256F.07, together with an amount as 30.5 determined by the commissioner of title IV-B funds distributed 30.6 to Minnesota according to the Social Security Act, United States 30.7 Code, title 42, section 621, must be distributed to counties on 30.8 a calendar year basis according to the formula in subdivision 3. 30.9 Sec. 24. Minnesota Statutes 1994, section 256F.05, 30.10 subdivision 3, is amended to read: 30.11 Subd. 3. [BASIC GRANT FORMULA.] (a) The amount of money 30.12 allocated to counties under subdivision 2must be based on the30.13following two factorsshall first be allocated in amounts equal 30.14 to each county's guaranteed floor according to paragraph (b), 30.15 and second, any remaining available funds allocated as follows: 30.16 (1) 90 percent of the funds shall be allocated based on the 30.17 population of the county under age 19 years as compared to the 30.18 state as a whole as determined by the most recent data from the 30.19 state demographer's office; and 30.20 (2) ten percent of the funds shall be allocated based on 30.21 the county's percentage share of the number of minority children 30.22in substitute carereceiving children's case management services 30.23 as defined by the commissioner based on the most recent data as 30.24 determined by themost recent department of human services30.25annual report on children in foster carecommissioner. 30.26The amount of money allocated according to formula factor30.27(1) must not be less than 90 percent of the total allocated30.28under subdivision 2.30.29 (b) Each county's basic grant guaranteed floor shall be 30.30 calculated as follows: 30.31 (1) 90 percent of the county's allocation received in the 30.32 preceding calendar year. For calendar year 1996 only, the 30.33 allocation received in the preceding calendar year shall be 30.34 determined by the commissioner based on the funding previously 30.35 distributed as separate grants under sections 256F.04 to 30.36 256F.07; and 31.1 (2) when the amounts of funds available for allocation is 31.2 less than the amount available in the previous year, each 31.3 county's previous year allocation shall be reduced in proportion 31.4 to the reduction in the statewide funding, for the purpose of 31.5 establishing the guaranteed floor. 31.6 (c) The commissioner shall regularly review the use of 31.7 family preservation fund allocations by county. The 31.8 commissioner may reallocate unexpended or unencumbered money at 31.9 any time among those counties that have expended or are 31.10 projected to expend their full allocation. 31.11 Sec. 25. Minnesota Statutes 1994, section 256F.05, 31.12 subdivision 4, is amended to read: 31.13 Subd. 4. [PAYMENTS.] The commissioner shall make grant 31.14 payments to each county whose biennial community social services 31.15 planincludes a permanency planhas been approved under section 31.16 256F.04, subdivision 2. Thepayment must be madebasic grant 31.17 under subdivisions 2 and 3 and the development grant under 31.18 section 256.8711, subdivision 6a, shall be paid to counties in 31.19 four installments per year. The commissioner may certify the 31.20 payments for the first three months of a calendar year. 31.21 Subsequent paymentsmust be made on May 15, August 15, and31.22November 15, of each calendar year. When an amount of title31.23IV-B funds as determined by the commissioner is made available,31.24it shall be reimbursed to counties on November 15.shall be 31.25 based on reported expenditures and may be adjusted for 31.26 anticipated spending patterns. The placement earnings grant 31.27 under section 256.8711, subdivision 6b, paragraph (a), shall be 31.28 based on earnings and coordinated with the other payments. In 31.29 calendar years 1996 and 1997, the placement earnings grant and 31.30 the development grant shall be distributed separately from the 31.31 basic grant, except as provided in subdivision 7, paragraph 31.32 (a). Beginning with calendar year 1998, after each annual or 31.33 quarterly calculation, these three component grants shall be 31.34 added together into a single-family preservation fund grant and 31.35 treated as a single grant. 31.36 Sec. 26. Minnesota Statutes 1994, section 256F.05, 32.1 subdivision 5, is amended to read: 32.2 Subd. 5. [INAPPROPRIATE EXPENDITURES.] Family preservation 32.3 fund basic, placement earnings, and development grant money must 32.4 not be used for: 32.5 (1) child day care necessary solely because of the 32.6 employment or training to prepare for employment, of a parent or 32.7 other relative with whom the child is living; 32.8 (2) residential facility payments; 32.9 (3) adoption assistance payments; 32.10 (4) public assistance payments for aid to families with 32.11 dependent children, supplemental aid, medical assistance, 32.12 general assistance, general assistance medical care, or 32.13 community health services authorized by sections 145A.09 to 32.14 145A.13; or 32.15 (5) administrative costs for local social services agency 32.16 public assistance staff. 32.17 Sec. 27. Minnesota Statutes 1994, section 256F.05, 32.18 subdivision 7, is amended to read: 32.19 Subd. 7. [TRANSFER OF FUNDSUSES OF PLACEMENT EARNINGS AND 32.20 DEVELOPMENT GRANTS.]Notwithstanding subdivision 1, the32.21commissioner may transfer money from the appropriation for32.22family preservation grants to counties into the subsidized32.23adoption account when a deficit in the subsidized adoption32.24program occurs. The amount of the transfer must not exceed five32.25percent of the appropriation for family preservation grants to32.26counties.(a) For calendar years 1996 and 1997, each county must 32.27 use its placement earnings and development grants to develop and 32.28 expand its family preservation core services as defined in 32.29 section 256F.03, subdivision 10. If a county demonstrates that 32.30 its family preservation core services are developed as provided 32.31 in subdivision 1a, then at the county's written request, the 32.32 commissioner shall add its placement earnings and development 32.33 grant to its basic grant, to be used as a single-family 32.34 preservation fund grant. 32.35 (b) Beginning with calendar year 1998, each county which 32.36 has demonstrated that year that its family preservation core 33.1 services are developed as provided in subdivision 1a, shall have 33.2 its placement earnings and development grant added to its basic 33.3 grant, to be used as a single-family preservation fund grant. 33.4 The development grant for any county which has not so 33.5 demonstrated shall be redistributed to all counties which have, 33.6 in proportion to their calculated development grants. 33.7 Sec. 28. Minnesota Statutes 1994, section 256F.05, 33.8 subdivision 8, is amended to read: 33.9 Subd. 8. [USES OF FAMILY PRESERVATION FUND GRANTSFOR33.10FAMILY-BASED CRISIS SERVICES.]Within the limits of33.11appropriations made for this purpose, the commissioner may award33.12grants for the families first program, including section33.13256F.08, to be distributed on a calendar year basis to counties33.14to provide programs for family-based crisis services defined in33.15section 256F.03, subdivision 5. The commissioner shall ask33.16counties to present proposals for the funding and shall award33.17grants for the funding on a competitive basis. Beginning33.18January 1, 1993, the state share of the costs of the programs33.19shall be 75 percent and the county share, 25 percent.For both 33.20 basic grants and single-family preservation fund grants: 33.21 (a) A county which has not demonstrated that year that its 33.22 family preservation core services are developed as provided in 33.23 subdivision 1a, must use its family preservation fund grant 33.24 exclusively for family preservation services defined in section 33.25 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e). 33.26 (b) A county which has demonstrated that year that its 33.27 family preservation core services are developed becomes eligible 33.28 either to continue using its family preservation fund grant as 33.29 provided in paragraph (a), or to exercise the expanded service 33.30 option under paragraph (c). 33.31 (c) The expanded service option permits an eligible county 33.32 to use its family preservation fund grant for child welfare 33.33 preventative services as defined in section 256F.10, subdivision 33.34 7, paragraph (d). To exercise this option, an eligible county 33.35 must notify the commissioner in writing of its intention to do 33.36 so no later than 30 days into the quarter during which it 34.1 intends to begin or in its county plan, as provided in section 34.2 256F.04, subdivision 2. Effective with the first day of that 34.3 quarter, the county must maintain its base level of expenditures 34.4 for child welfare preventative services and use the family 34.5 preservation fund to expand them. The base level of 34.6 expenditures for a county shall be that established under 34.7 section 256F.10, subdivision 7. For counties which have no such 34.8 base established, a comparable base shall be established with 34.9 the base year being the calendar year ending at least two 34.10 calendar quarters before the first calendar quarter in which the 34.11 county exercises its expanded service option. The commissioner 34.12 shall, at the request of the counties, reduce, suspend, or 34.13 eliminate either or both of a county's obligations to continue 34.14 the base level of expenditures and to expand child welfare 34.15 preventative services based on conditions described in section 34.16 256F.10, subdivision 7, paragraph (b) or (c). 34.17 (d) Each county's placement earnings and development grant 34.18 shall be determined under section 256.8711, but after each 34.19 annual or quarterly calculation, if added to that county's basic 34.20 grant, the three component grants shall be treated as a 34.21 single-family preservation fund grant. 34.22 Sec. 29. Minnesota Statutes 1994, section 256F.06, 34.23 subdivision 1, is amended to read: 34.24 Subdivision 1. [RESPONSIBILITIES.] A county board may, 34.25 alone or in combination with other county boards, apply for a 34.26 family preservation fund grant as provided in section 256F.04, 34.27 subdivision 2. Upon approval of thefamily preservationgrant, 34.28 the county board may contract for or directly provide 34.29 family-based and other eligible services. 34.30 Sec. 30. Minnesota Statutes 1994, section 256F.06, 34.31 subdivision 2, is amended to read: 34.32 Subd. 2. [USES OF GRANTSDEVELOPING FAMILY PRESERVATION 34.33 CORE SERVICES.]The grant must be used exclusively for34.34family-based services.A county board shall endeavor to develop 34.35 and expand its family preservation core services. When a county 34.36 can demonstrate that its family preservation core services are 35.1 developed as provided in section 256F.05, subdivision 1a, a 35.2 county board becomes eligible to exercise the expanded service 35.3 option under section 256F.05, subdivision 8, paragraph (c). For 35.4 calendar years 1996 and 1997, the county board also becomes 35.5 eligible to request that its basic, placement earnings, and 35.6 development grants be added into a single grant under section 35.7 256F.05, subdivision 7, paragraph (a). 35.8 Sec. 31. Minnesota Statutes 1994, section 256F.06, 35.9 subdivision 4, is amended to read: 35.10 Subd. 4. [REPORTING.] The commissioner shall specify 35.11 requirements for reports, including quarterly fiscal reports, 35.12 according to section 256.01, subdivision 2, paragraph (17).The35.13reports must include:35.14(1) a detailed statement of expenses attributable to the35.15grant during the preceding quarter; and35.16(2) a statement of the expenditure of money for35.17family-based services by the county during the preceding35.18quarter, including the number of clients served and the35.19expenditures, by client, for each service provided.35.20 Sec. 32. Minnesota Statutes 1994, section 257.3571, 35.21 subdivision 1, is amended to read: 35.22 Subdivision 1. [PRIMARY SUPPORT GRANTS.] The commissioner 35.23 shall establish direct grants to Indian tribesand, Indian 35.24 organizations, and tribal social service agency programs located 35.25 off-reservation that serve Indian children and their families to 35.26 provide primary support for Indian child welfare programs to 35.27 implement the Indian family preservation act. 35.28 Sec. 33. Minnesota Statutes 1994, section 257.3572, is 35.29 amended to read: 35.30 257.3572 [GRANT APPLICATIONS.] 35.31 A tribeor, Indian organization, or tribal social service 35.32 agency program located off-reservation may apply for primary 35.33 support grants under section 257.3571, subdivision 1. A local 35.34 social service agency, tribe, Indian organization, or other 35.35 social service organization may apply for special focus grants 35.36 under section 257.3571, subdivision 2. Civil legal service 36.1 organizations eligible for grants under section 257.3571, 36.2 subdivision 2a, may apply for grants under that section. 36.3 Application may be made alone or in combination with other 36.4 tribes or Indian organizations. 36.5 Sec. 34. Minnesota Statutes 1994, section 257.3577, 36.6 subdivision 1, is amended to read: 36.7 Subdivision 1. [PRIMARY SUPPORT GRANTS.] (a) The amount 36.8 available for grants established under section 257.3571, 36.9 subdivision 1, to tribesand, Indianorganization grants36.10 organizations, and tribal social service agency programs located 36.11 off-reservation is four-fifths of the total annual appropriation 36.12 for Indian child welfare grants. 36.13 (b) The commissioner shall award tribes at least 70 percent 36.14 of the amount set in paragraph (a) for primary support grants. 36.15 Each tribe shall be awarded a base amount of five percent of the 36.16 total amount set in this paragraph. In addition, each tribe 36.17 shall be allocated a proportion of the balance of the amount set 36.18 in this paragraph, less the total base amounts for all 36.19 reservations. This proportion must equal the ratio of the 36.20 tribe's on-reservation population to the state's total 36.21 on-reservation population. Population data must be based on the 36.22 most recent federal census data according to the state 36.23 demographer's office. 36.24 (c) The commissioner shall award Indian organizations and 36.25 tribal social service agency programs located off-reservation 36.26 that serve Indian children and families up to 30 percent of the 36.27 amount set in paragraph (a) for primary support grants. A 36.28 maximum of four multiservice Indian organizations and tribal 36.29 social service agency programs located off-reservation may be 36.30 awarded grants under this paragraph. "Multiservice Indian 36.31 organizations" means Indian organizations recognized by the 36.32 Indian community as providing a broad continuum of social, 36.33 educational, or cultural services, including Indian child 36.34 welfare services designed to meet the unique needs of the Indian 36.35 communities in Minneapolis, St. Paul, and Duluth. Grants may be 36.36 awarded to programs that submit acceptable proposals, comply 37.1 with the goals and the application process of the program, and 37.2 have budgets that reflect appropriate and efficient use of funds. 37.3 To maintain continuity of service in Indian communities, primary 37.4 support grants awarded under this paragraph which meet the grant 37.5 criteria and have demonstrated satisfactory performance as 37.6 established by the commissioner may be awarded on a 37.7 noncompetitive basis. The commissioner may revoke or deny 37.8 funding for Indian organizations or tribal social service 37.9 agencies failing to meet the grant criteria established by the 37.10 commissioner, and the commissioner may request new proposals 37.11 from Indian organizations or tribal social service agencies to 37.12 the extent that funding is available. 37.13 Sec. 35. [REPEALER.] 37.14 Minnesota Statutes 1994, sections 256F.05, subdivisions 2a 37.15 and 4a; and 256F.06, subdivision 3, are repealed. 37.16 Sec. 36. [EFFECTIVE DATE.] 37.17 Sections 1 to 12 are effective the day following final 37.18 enactment. 37.19 Section 14 is effective October 1, 1995. 37.20 Sections 16 to 30 are effective January 1, 1996.