1.1 	A bill for an act
1.2 	relating to human services; modifying provisions relating to child care, foster care, 
1.3 	disability services, community supports, civil commitment, maltreatment of minors, 
1.4 	child protection, and child support; expanding definition of providers for child 
1.5 	care assistance program; requiring students in foster care who change schools to 
1.6 	be enrolled within seven days; requiring responsible social services agencies to 
1.7 	initiate and facilitate phone calls between parents and foster care providers for 
1.8 	children in out-of-home placement; requiring responsible social services agencies 
1.9 	to coordinate prenatal alcohol exposure screenings for children in foster care; 
1.10 	directing the commissioner of human services to modify a report and develop 
1.11 	training; modifying provisions relating to child care services grants; clarifying 
1.12 	commissioner authority to waive child care assistance program provider 
1.13 	requirements during declared disaster; modifying family day care training 
1.14 	requirements; requiring local agencies to use a universal form to process family 
1.15 	day care variance requests and post variance policies publicly; modifying 
1.16 	background study requirements for guardians and conservators; modifying the 
1.17 	definition of supervision in child care center settings; extending sunset for Cultural 
1.18 	and Ethnic Communities Leadership Council; extending the corporate adult foster 
1.19 	care moratorium exception for a fifth bed until 2020; modifying timelines for 
1.20 	intensive support service planning; permitting delegation of competency evaluations 
1.21 	of direct support staff; modifying the training requirements for direct support staff 
1.22 	providing licensed home and community-based services; codifying an existing 
1.23 	grant program for fetal alcohol disorder prevention activities; codifying existing 
1.24 	consumer-directed community supports laws; clarifying the excess income standard 
1.25 	for medical assistance; extending end date for first three years of life demonstration 
1.26 	project; permitting certain advanced practice registered nurses and physician 
1.27 	assistants to order home health services under medical assistance; codifying existing 
1.28 	session law governing consumer-directed community supports; modifying 
1.29 	provisions regarding post-arrest community-based service coordination; birth to 
1.30 	age eight pilot project participation requirements; eliminating requirement to 
1.31 	involve state medical review agent in determination and documentation of medically 
1.32 	necessary psychiatric residential treatment facility services; requiring establishment 
1.33 	of per diem rate per provider of youth psychiatric residential treatment services; 
1.34 	permitting facilities or licensed professionals to submit billing for arranged services; 
1.35 	changing definition relating to children's mental health crisis response services; 
1.36 	modifying intensive rehabilitative mental health services requirements and provider 
1.37 	standards; establishing state policy regarding services offered to people with 
1.38 	disabilities; modifying existing direction to the commissioner of human services 
2.1 	regarding proposing changes to the home and community-based waivers; modifying 
2.2 	requirements for service planning for home and community-based services; 
2.3 	restoring a notice requirement when MnCHOICES assessments are required for 
2.4 	personal care assistance services; modifying definitions, requirements, and 
2.5 	eligibility for long-term care consultation services; modifying case management 
2.6 	requirements for individuals receiving services through the home and 
2.7 	community-based services waivers; modifying the definition of community-living 
2.8 	setting; modifying provisions regarding medical assistance covered services for 
2.9 	certified community behavioral health clinics and officer-involved 
2.10 	community-based care coordination; modifying eligibility for children's mental 
2.11 	health respite grants; removing certain categories from being exempt from foster 
2.12 	care initial license moratorium; modifying background study provisions related 
2.13 	to child foster care, children's residential facilities, foster residence settings, and 
2.14 	housing support; modifying provisions relating to home and community-based 
2.15 	services; modifying provisions governing state-operated community-based services 
2.16 	environment and safety; clarifying circumstances for termination of state-operated 
2.17 	services for individuals with complex behavioral needs; removing provision limiting 
2.18 	medical assistance coverage for intensive mental health outpatient treatment to 
2.19 	adults; modifying provisions relating to withdrawal management, substance use 
2.20 	disorder, housing support, and general assistance programs; authorizing correction 
2.21 	of housing support payments; modifying definition of qualified professional for 
2.22 	purposes of applying for housing support and general assistance; allowing minor 
2.23 	consent to homeless and sexually exploited youth services under specified 
2.24 	circumstances; authorizing imposition of fine for repeat violations of chemical 
2.25 	dependency or substance abuse disorder treatment program requirements; modifying 
2.26 	provisions relating to foster care out-of-home and qualified residential treatment 
2.27 	program placements; directing commissioner of human services to consider 
2.28 	continuous licenses for family day care providers; instructing the revisor of statutes 
2.29 	to modify references to the Disability Linkage Line; modifying provisions 
2.30 	governing civil commitment; modifying the procedure for recreational license 
2.31 	suspension and reinstatement; modifying child welfare provisions; reorganizing 
2.32 	and clarifying sections regarding child maltreatment and neglect; authorizing 
2.33 	engagement services pilot project; requiring reports;amending Minnesota Statutes 
2.34 	2018, sections 13.32, subdivision 3; 13.3805, subdivision 3; 13.43, subdivision 
2.35 	14; 13.82, subdivisions 8, 9, 17; 13.821; 13.84, subdivision 9; 13.871, subdivision 
2.36 	6; 13.88; 119B.21; 119B.26; 120B.22, subdivision 2; 125A.0942, subdivision 4; 
2.37 	135A.15, subdivision 10; 144.225, subdivision 2b; 144.343, subdivision 4; 
2.38 	144.7065, subdivision 10; 144.7068; 144A.472, subdivision 1; 144A.479, 
2.39 	subdivision 6; 144A.4796, subdivision 6; 144H.16, subdivision 1; 144H.18, 
2.40 	subdivision 3; 145.902, subdivision 3; 145.952, subdivision 2; 146A.025; 148E.240, 
2.41 	subdivision 7; 148F.13, subdivision 12; 148F.205, subdivision 1; 153B.70; 214.103, 
2.42 	subdivision 8; 214.104; 245.4871, by adding a subdivision; 245.4885, subdivision 
2.43 	1; 245.8261, subdivision 9; 245A.02, subdivision 2c; 245A.04, subdivisions 5, 9; 
2.44 	245A.06, subdivision 8; 245A.07, subdivision 5; 245A.08, subdivision 2a; 
2.45 	245A.085; 245A.11, subdivisions 2a, 7b; 245A.50, as amended; 245C.02, 
2.46 	subdivision 5, by adding subdivisions; 245C.03, by adding a subdivision; 245C.04, 
2.47 	subdivision 1, as amended, by adding a subdivision; 245C.05, subdivision 6; 
2.48 	245C.10, by adding subdivisions; 245C.14, by adding a subdivision; 245C.15, 
2.49 	subdivision 4; 245C.16, subdivisions 1, 2; 245C.17, subdivisions 1, 3, by adding 
2.50 	a subdivision; 245C.18; 245C.21, subdivision 2; 245C.24, subdivision 4; 245C.25; 
2.51 	245C.27, subdivisions 1, 2; 245C.28, subdivision 1; 245C.29, subdivision 1; 
2.52 	245C.31, subdivision 1; 245C.32, subdivision 2; 245D.02, subdivision 11, as 
2.53 	amended, by adding a subdivision; 245D.04, subdivision 3; 245D.06, subdivisions 
2.54 	1, 2, 6; 245D.071, subdivision 3; 245D.081, subdivision 2; 245D.09, subdivisions 
2.55 	4, 4a; 245D.10, subdivision 3a; 245D.32, subdivision 5; 245F.02, subdivisions 7, 
2.56 	14; 245F.04, subdivision 1; 245F.06, subdivision 2; 245F.12, subdivisions 2, 3; 
2.57 	245F.15, subdivisions 3, 5; 245F.16, subdivisions 1, 2; 245F.18; 245G.02, 
2.58 	subdivision 2; 245G.03, subdivision 1; 245G.09, subdivision 1; 245G.10, 
3.1 	subdivision 3; 245G.11, subdivisions 3, 4; 245G.13, subdivision 2; 253B.02, 
3.2 	subdivisions 4b, 7, 8, 9, 10, 13, 16, 17, 18, 19, 21, 22, 23, by adding a subdivision; 
3.3 	253B.03, subdivisions 1, 2, 3, 4a, 5, 6, 6b, 6d, as amended, 7, 10; 253B.04, 
3.4 	subdivisions 1, 1a, 2; 253B.045, subdivisions 2, 3, 5, 6; 253B.06, subdivisions 1, 
3.5 	2, as amended, 3; 253B.07, subdivisions 1, 2, 2a, 2b, 2d, 3, 5, 7; 253B.08, 
3.6 	subdivisions 1, 2a, 5, 5a; 253B.09, subdivisions 1, 2, 3a, 5; 253B.092; 253B.0921; 
3.7 	253B.095, subdivision 3; 253B.097, subdivisions 1, 2, 3, 6; 253B.10; 253B.12, 
3.8 	subdivisions 1, 3, 4, 7; 253B.13, subdivision 1; 253B.14; 253B.141; 253B.15, 
3.9 	subdivisions 1, 1a, 2, 3, 3a, 3b, 3c, 5, 7, 9, 10, by adding a subdivision; 253B.16; 
3.10 	253B.17; 253B.18, subdivisions 1, 2, 3, 4a, 4b, 4c, 5, 5a, 6, 7, 8, 10, 11, 12, 14, 
3.11 	15; 253B.19, subdivision 2; 253B.20, subdivisions 1, 2, 3, 4, 6; 253B.21, 
3.12 	subdivisions 1, 2, 3; 253B.212, subdivisions 1, 1a, 1b, 2; 253B.22, subdivisions 
3.13 	1, 2, 3, 4; 253B.23, subdivisions 1, 1b, 2; 253B.24; 253D.02, subdivision 6; 
3.14 	253D.07, subdivision 2; 253D.10, subdivision 2; 253D.28, subdivision 2; 254A.09; 
3.15 	256.01, subdivisions 12, 15; 256.0112, subdivision 10; 256.041, subdivision 10; 
3.16 	256.045, subdivisions 3, 3b, 4; 256.82, subdivision 2; 256.87, subdivision 8; 
3.17 	256.975, subdivision 12; 256B.0621, subdivision 4; 256B.0625, subdivisions 5l, 
3.18 	33, 56a; 256B.0652, subdivision 10; 256B.0653, subdivisions 4, 5, 7; 256B.0654, 
3.19 	subdivisions 1, as amended, 2a, as amended, 3, as amended, 4, as amended; 
3.20 	256B.0911, subdivision 1; 256B.092, subdivision 1a; 256B.0941, subdivisions 1, 
3.21 	3; 256B.0944, subdivision 1; 256B.0945, subdivision 1; 256B.0947, subdivisions 
3.22 	2, 4, 5, 6; 256B.0949, subdivisions 2, 5, 6, 9, 13, 14, 15, 16; 256B.0951, subdivision 
3.23 	5; 256B.0954; 256B.097, subdivisions 4, 6; 256B.49, subdivisions 16, 23; 256B.77, 
3.24 	subdivision 17; 256B.85, subdivision 12a; 256D.02, subdivision 17; 256E.21, 
3.25 	subdivision 5; 256E.35; 256F.10, subdivisions 1, 4; 256I.03, subdivisions 3, 14; 
3.26 	256I.05, subdivisions 1c, 1n, 8; 256I.06, subdivision 2, by adding a subdivision; 
3.27 	256J.08, subdivision 73a, as amended; 256L.07, subdivision 4; 256M.10, 
3.28 	subdivision 2; 256M.40, subdivision 1; 256M.41, subdivision 1; 256N.02, 
3.29 	subdivision 14a; 256N.21, subdivisions 2, 5; 256N.24, subdivision 4; 256P.01, by 
3.30 	adding a subdivision; 257.0725; 257.0764; 257.70; 260.012; 260.761, subdivision 
3.31 	2; 260B.171, subdivision 6; 260C.007, subdivisions 3, 5, 6, 13, by adding 
3.32 	subdivisions; 260C.150, subdivision 3; 260C.157, subdivision 3; 260C.171, 
3.33 	subdivision 3; 260C.177; 260C.202; 260C.204; 260C.209, subdivision 2; 260C.212, 
3.34 	subdivisions 1, 4a, 12, by adding a subdivision; 260C.219; 260C.221; 260C.227; 
3.35 	260C.4412; 260C.503, subdivision 2, by adding a subdivision; 260D.01; 260D.02, 
3.36 	subdivisions 3, 5; 388.051, subdivision 2; 518.005, subdivision 5; 518.165, 
3.37 	subdivisions 2, 5; 518A.53, subdivision 11; 518A.68; 518A.685; 524.5-118; 595.02, 
3.38 	subdivisions 1, 2; 609.26, subdivision 7; 609.3457, subdivision 2; 609.379, 
3.39 	subdivision 2; 609.507; 609.7495, subdivision 1; 611A.203, subdivision 4; 611A.90, 
3.40 	subdivision 1; 626.557, subdivision 9d; Minnesota Statutes 2019 Supplement, 
3.41 	sections 13.46, subdivisions 3, 4; 119B.011, subdivision 19; 122A.20, subdivision 
3.42 	2; 122A.40, subdivision 13; 122A.41, subdivision 6; 144A.4796, subdivision 2; 
3.43 	148B.593; 243.166, subdivision 7; 245.4889, subdivision 1; 245.735, subdivision 
3.44 	3; 245A.02, subdivision 18; 245A.03, subdivision 7; 245A.07, subdivision 3; 
3.45 	245A.145, subdivision 1; 245A.149; 245A.16, subdivision 1; 245A.40, subdivisions 
3.46 	1, 7; 245C.03, subdivision 1; 245C.05, subdivision 4; 245C.08, subdivision 1; 
3.47 	245C.13, subdivision 2; 245D.071, subdivision 5; 245D.09, subdivision 5; 245G.12; 
3.48 	245G.13, subdivision 1; 245H.11, as amended; 254A.03, subdivision 3, as amended; 
3.49 	254B.04, subdivision 1; 254B.05, subdivision 1; 256.01, subdivision 14b; 256B.056, 
3.50 	subdivision 5c; 256B.0625, subdivision 5m; 256B.064, subdivision 2; 256B.0711, 
3.51 	subdivision 1; 256B.0911, subdivisions 1a, 3a, 3f; 256B.092, subdivision 1b; 
3.52 	256B.49, subdivisions 13, 14; 256B.85, subdivision 10; 256I.04, subdivision 2b; 
3.53 	256S.01, subdivision 6; 256S.19, subdivision 4; 260B.198, subdivision 1; 260C.139, 
3.54 	subdivision 3; 260C.178, subdivision 1; 260C.201, subdivision 6; 260C.212, 
3.55 	subdivision 2; 299C.093; Laws 2016, chapter 189, article 15, section 29; Laws 
3.56 	2017, First Special Session chapter 6, article 7, section 33, subdivisions 2, 3; Laws 
3.57 	2019, First Special Session chapter 9, article 5, section 86; article 14, section 2, 
3.58 	subdivision 33; proposing coding for new law in Minnesota Statutes, chapters 
4.1 	120A; 253B; 254A; 256B; 256K; 260; 260C; proposing coding for new law as 
4.2 	Minnesota Statutes, chapter 260E; repealing Minnesota Statutes 2018, sections 
4.3 	245F.02, subdivision 20; 253B.02, subdivisions 6, 12a; 253B.05, subdivisions 1, 
4.4 	2, 2b, 3, 4; 253B.064; 253B.065; 253B.066; 253B.09, subdivision 3; 253B.12, 
4.5 	subdivision 2; 253B.15, subdivision 11; 253B.20, subdivision 7; 626.556, 
4.6 	subdivisions 1, 3, 3a, 3c, 3d, 3f, 4, 4a, 5, 6, 6a, 7, 7a, 8, 9, 10a, 10b, 10c, 10d, 10e, 
4.7 	10f, 10g, 10h, 10i, 10j, 10k, 10l, 10m, 10n, 11a, 11b, 11c, 11d, 12, 14, 15, 16; 
4.8 	626.5561; 626.5562; 626.558; 626.559, subdivisions 1, 1a, 1b, 2, 3, 5; 626.5591; 
4.9 	626.561; Minnesota Statutes 2019 Supplement, section 626.556, subdivisions 2, 
4.10 	3b, 3e, 10, 11; Laws 2005, First Special Session chapter 4, article 7, sections 50; 
4.11 	51; Laws 2012, chapter 247, article 4, section 47, as amended; Laws 2015, chapter 
4.12 	71, article 7, section 54, as amended; Laws 2017, First Special Session chapter 6, 
4.13 	article 1, sections 44, as amended; 45, as amended.
4.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

4.15 	ARTICLE 1
4.16 	CHILDREN AND FAMILY SERVICES

4.17 	Section 1. Minnesota Statutes 2019 Supplement, section 119B.011, subdivision 19, is 
4.18 	amended to read:
4.19 		Subd. 19.Provider. "Provider" means:
4.20 	(1) an individual or child care center or facility licensed to provide child care under 
4.21 	chapter 245A when operating within the terms of the license;
4.22 	(2) a license-exempt center required to be certified under chapter 245H;
4.23 	(3) an individual or child care center or facility that: (i) holds a valid child care license 
4.24 	issued by another state or a tribe; (ii) provides child care services in the licensing state or 
4.25 	in the area under the licensing tribe's jurisdiction; and (iii) is in compliance with federal 
4.26 	health and safety requirements as certified by the licensing state or tribe, or as determined 
4.27 	by receipt of child care development block grant funds in the licensing state; or
4.28 	(4) a legal nonlicensed child care provider as defined under section 119B.011, subdivision 
4.29 	16, providing legal child care services. A legal nonlicensed child care provider must be at 
4.30 	least 18 years of age, and not a member of the MFIP assistance unit or a member of the 
4.31 	family receiving child care assistance to be authorized under this chapter.; or
4.32 	(5) an individual or child care center or facility that is operated under the jurisdiction of 
4.33 	the federal government.

4.34 	EFFECTIVE DATE. This section is effective July 1, 2020.

5.1 	Sec. 2. Minnesota Statutes 2018, section 119B.21, is amended to read:
5.2 	119B.21 CHILD CARE SERVICES GRANTS.
5.3 		Subdivision 1.Distribution of grant funds. (a) The commissioner shall distribute funds 
5.4 	to the child care resource and referral programs designated under section sections 119B.189 
5.5 	and119B.19, subdivision 1a, for child care services grants to centers under subdivision 5 
5.6 	and family child care programs based upon the following factors improve child care quality, 
5.7 	support start-up of new programs, and expand existing programs.
5.8 	(b) Up to ten percent of funds appropriated for grants under this section may be used by 
5.9 	the commissioner for statewide child care development initiatives, training initiatives, 
5.10 	collaboration programs, and research and data collection. The commissioner shall develop 
5.11 	eligibility guidelines and a process to distribute funds under this paragraph.
5.12 	(c) At least 90 percent of funds appropriated for grants under this section may be 
5.13 	distributed by the commissioner to child care resource and referral programs under section
5.14 	sections 119B.189 and119B.19, subdivision 1a, for child care center grants and family 
5.15 	child care grants based on the following factors:
5.16 	(1) the number of children under 13 years of age needing child care in the region;
5.17 	(2) the region served by the program;
5.18 	(3) the ratio of children under 13 years of age needing child care to the number of licensed 
5.19 	spaces in the region;
5.20 	(4) the number of licensed child care providers and school-age care programs in the 
5.21 	region; and
5.22 	(5) other related factors determined by the commissioner.
5.23 	(d) Child care resource and referral programs must award child care center grants and 
5.24 	family child careservices grants based on the recommendation of the child care district 
5.25 	proposal review committees under subdivision 3.
5.26 	(e) The commissioner may distribute funds under this section for a two-year period.
5.27 		Subd. 1a. Eligible programs. A child care resource and referral program designated 
5.28 	under sections 119B.189 and 119B.19, subdivision 1a, may award child care services grants 
5.29 	to:
5.30 	(1) a child care center licensed under Minnesota Rules, chapter 9503, or in the process 
5.31 	of becoming licensed;
6.1 	(2) a family or group family child care home licensed under Minnesota Rules, chapter 
6.2 	9502, or in the process of becoming licensed;
6.3 	(3) corporations or public agencies that develop or provide child care services;
6.4 	(4) a school-age care program;
6.5 	(5) a tribally licensed child care program; or
6.6 	(6) legal nonlicensed or family, friend, and neighbor child care providers.
6.7 		Subd. 3.Child care district proposal review committees. (a) Child care district proposal 
6.8 	review committees review applications for family child care grants and child care center
6.9 	services grants under this section and make funding recommendations to the child care 
6.10 	resource and referral program designated under section sections 119B.189 and119B.19, 
6.11 	subdivision 1a. Each region within a district must be represented on the review committee. 
6.12 	The child care district proposal review committees must complete their reviews and forward 
6.13 	their recommendations to the child care resource and referral district programs by the date 
6.14 	specified by the commissioner.
6.15 	(b) A child care resource and referral district program shall establish a process to select 
6.16 	members of the child care district proposal review committee. Members must reflect a broad 
6.17 	cross-section of the community, and may include the following constituent groups: family 
6.18 	child care providers, child care center providers, school-age care providers, parents who 
6.19 	use child care services, health services, social services, public schools, Head Start, employers, 
6.20 	representatives of cultural and ethnic communities, and other citizens with demonstrated 
6.21 	interest in child care issues. Members of the proposal review committee with a direct financial 
6.22 	interest in a pending grant proposal may not provide a recommendation or participate in 
6.23 	the ranking of that grant proposal.
6.24 	(c) The child care resource and referral district program may reimburse committee 
6.25 	members for their actual travel, child care, and child care provider substitute expenses for 
6.26 	up to two committee meetings per year. The program may also pay offer a stipend to parent 
6.27 	representatives proposal review committee members for participating in two meetings per 
6.28 	year the grant review process.
6.29 		Subd. 5.Child care services grants. (a) A child care resource and referral program 
6.30 	designated under section sections 119B.189 and119B.19, subdivision 1a, may award child 
6.31 	care services grants for:
6.32 	(1) creating new licensed child care facilities and expanding existing facilities, including, 
6.33 	but not limited to, supplies, toys, equipment, facility renovation, and remodeling;
7.1 	(2) improving licensed child care facility programs child care facility improvements, 
7.2 	including but not limited to, improvements to meet licensing requirements;
7.3 	(3) staff training and development services including, but not limited to, in-service 
7.4 	training, curriculum development, accreditation, certification, consulting, resource centers, 
7.5 	program and resource materials, supporting effective teacher-child interactions, child-focused 
7.6 	teaching, and content-driven classroom instruction;
7.7 	(4) capacity building through the purchase of appropriate technology to create, enhance, 
7.8 	and maintain business management systems;
7.9 	(5) emergency assistance for child care programs;
7.10 	(6) new programs or projects for the creation, expansion, or improvement of programs 
7.11 	that serve ethnic immigrant and refugee communities; and
7.12 	(7) targeted recruitment initiatives to expand and build the capacity of the child care 
7.13 	system and to improve the quality of care provided by legal nonlicensed child care providers.; 
7.14 	and
7.15 	(8) other uses as approved by the commissioner.
7.16 	(b) A child care resource and referral organization designated under section sections 
7.17 	119B.189 and119B.19, subdivision 1a, may award child care services grants of up to $1,000 
7.18 	to family child care providers. These grants may be used for: eligible programs in amounts 
7.19 	up to a maximum determined by the commissioner for each type of eligible program.
7.20 	(1) facility improvements, including, but not limited to, improvements to meet licensing 
7.21 	requirements;
7.22 	(2) improvements to expand a child care facility or program;
7.23 	(3) toys and equipment;
7.24 	(4) technology and software to create, enhance, and maintain business management 
7.25 	systems;
7.26 	(5) start-up costs;
7.27 	(6) staff training and development; and
7.28 	(7) other uses approved by the commissioner.
7.29 	(c) A child care resource and referral program designated under section 119B.19, 
7.30 	subdivision 1a, may award child care services grants to:
7.31 	(1) licensed providers;
8.1 	(2) providers in the process of being licensed;
8.2 	(3) corporations or public agencies that develop or provide child care services;
8.3 	(4) school-age care programs;
8.4 	(5) legal nonlicensed or family, friend, and neighbor care providers; or
8.5 	(6) any combination of clauses (1) to (5).
8.6 	(d) A child care center that is a recipient of a child care services grant for facility 
8.7 	improvements or staff training and development must provide a 25 percent local match. A 
8.8 	local match is not required for grants to family child care providers.
8.9 	(e) Beginning July 1, 2009, grants to child care centers under this subdivision shall be 
8.10 	increasingly awarded for activities that improve provider quality, including activities under 
8.11 	paragraph (a), clauses (1) to (3) and (6). Grants to family child care providers shall be 
8.12 	increasingly awarded for activities that improve provider quality, including activities under 
8.13 	paragraph (b), clauses (1), (3), and (6).

8.14 	Sec. 3. Minnesota Statutes 2018, section 119B.26, is amended to read:
8.15 	119B.26 AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER 
8.16 	PERIODS.
8.17 	The commissioner may waive requirements under this chapter for up to nine months 
8.18 	after the disaster in areas where a federal disaster has been declared under United States 
8.19 	Code, title 42, section 5121, et seq., or the governor has exercised authority under chapter 
8.20 	12. The commissioner may waive requirements retroactively from the date of the disaster.
8.21 	The commissioner shall notify the chairs of the house of representatives and senate 
8.22 	committees with jurisdiction over this chapter and the house of representatives Ways and 
8.23 	Means Committee ten days before the effective date of any waiver grantedwithin five 
8.24 	business days after the commissioner grants a waiver under this section.

8.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

8.26 	Sec. 4. [120A.21] ENROLLMENT OF A STUDENT IN FOSTER CARE.
8.27 	A student placed in foster care must remain enrolled in the student's prior school unless 
8.28 	it is determined that remaining enrolled in the prior school is not in the student's best interests. 
8.29 	If the student does not remain enrolled in the prior school, the student must be enrolled in 
8.30 	a new school within seven school days.

9.1 	Sec. 5. Minnesota Statutes 2018, section 245A.02, subdivision 2c, is amended to read:
9.2 		Subd. 2c.Annual or annually; family child care training requirements. For the 
9.3 	purposes of section 245A.50, subdivisions 1 to 9 sections 245A.50 to 245A.53, "annual" 
9.4 	or "annually" means the 12-month period beginning on the license effective date or the 
9.5 	annual anniversary of the effective date and ending on the day prior to the annual anniversary 
9.6 	of the license effective date.

9.7 	EFFECTIVE DATE. This section is effective September 30, 2020.

9.8 	Sec. 6. Minnesota Statutes 2019 Supplement, section 245A.02, subdivision 18, is amended 
9.9 	to read:
9.10 		Subd. 18.Supervision. (a) For purposes of licensed child care centers, "supervision" 
9.11 	means when a program staff person:
9.12 	(1) is accountable for the child's care;
9.13 	(2) can intervene to protect the health and safety of the child; and
9.14 	(3) is within sight and hearing of the child at all times except as described in paragraphs 
9.15 	(b) to (d) (e).
9.16 	(b) When an infant is placed in a crib room to sleep, supervision occurs when a program 
9.17 	staff person is within sight or hearing of the infant. When supervision of a crib room is 
9.18 	provided by sight or hearing, the center must have a plan to address the other supervision 
9.19 	components.
9.20 	(c) When a single school-age child uses the restroom within the licensed space, 
9.21 	supervision occurs when a program staff person has knowledge of the child's activity and 
9.22 	location and checks on the child at least every five minutes. When a school-age child uses 
9.23 	the restroom outside the licensed space, including but not limited to field trips, supervision 
9.24 	occurs when staff accompany children to the restroom.
9.25 	(d) When a school-age child leaves the classroom but remains within the licensed space 
9.26 	to deliver or retrieve items from the child's personal storage space, supervision occurs when 
9.27 	a program staff person has knowledge of the child's activity and location and checks on the 
9.28 	child at least every five minutes.
9.29 	(e) When a single preschooler uses an individual, private restroom within the classroom 
9.30 	with the door closed, supervision occurs when a program staff person has knowledge of the 
9.31 	child's activity and location, can hear the child, and checks on the child at least every five 
9.32 	minutes.

10.1 	Sec. 7. Minnesota Statutes 2018, section 245A.04, subdivision 9, is amended to read:
10.2 		Subd. 9.Variances. (a) The commissioner may grant variances to rules that do not affect 
10.3 	the health or safety of persons in a licensed program if the following conditions are met:
10.4 	(1) the variance must be requested by an applicant or license holder on a form and in a 
10.5 	manner prescribed by the commissioner;
10.6 	(2) the request for a variance must include the reasons that the applicant or license holder 
10.7 	cannot comply with a requirement as stated in the rule and the alternative equivalent measures 
10.8 	that the applicant or license holder will follow to comply with the intent of the rule; and
10.9 	(3) the request must state the period of time for which the variance is requested.
10.10 	The commissioner may grant a permanent variance when conditions under which the 
10.11 	variance is requested do not affect the health or safety of persons being served by the licensed 
10.12 	program, nor compromise the qualifications of staff to provide services. The permanent 
10.13 	variance shall expire as soon as the conditions that warranted the variance are modified in 
10.14 	any way. Any applicant or license holder must inform the commissioner of any changes or 
10.15 	modifications that have occurred in the conditions that warranted the permanent variance. 
10.16 	Failure to advise the commissioner shall result in revocation of the permanent variance and 
10.17 	may be cause for other sanctions under sections 245A.06 and 245A.07.
10.18 	The commissioner's decision to grant or deny a variance request is final and not subject 
10.19 	to appeal under the provisions of chapter 14.
10.20 	(b) The commissioner shall consider variances for child care center staff qualification 
10.21 	requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect 
10.22 	the health and safety of children served by the center. A variance request must be submitted 
10.23 	to the commissioner in accordance with paragraph (a) and must include a plan for the staff 
10.24 	person to gain additional experience, education, or training, as requested by the commissioner. 
10.25 	When reviewing a variance request under this section, the commissioner shall consider the 
10.26 	staff person's level of professional development, including but not limited to steps completed 
10.27 	on the Minnesota career lattice.
10.28 	(c) Beginning January 1, 2021, counties shall use a uniform application form developed 
10.29 	by the commissioner for variance requests by family child care license holders.

11.1 	Sec. 8. Minnesota Statutes 2019 Supplement, section 245A.149, is amended to read:
11.2 	245A.149 SUPERVISION OF FAMILY CHILD CARE LICENSE HOLDER'S 
11.3 	OWN CHILD.
11.4 	(a) Notwithstanding Minnesota Rules, part 9502.0365, subpart 5, and with the license 
11.5 	holder's consent, an individual may be present in the licensed space, may supervise the 
11.6 	family child care license holder's own child both inside and outside of the licensed space, 
11.7 	and is exempt from the training and supervision requirements of this chapter and Minnesota 
11.8 	Rules, chapter 9502, if the individual:
11.9 	(1) is related to the license holder or to the license holder's child, as defined in section 
11.10 	245A.02, subdivision 13, or is a household member who the license holder has reported to 
11.11 	the county agency;
11.12 	(2) is not a designated caregiver, helper, or substitute for the licensed program;
11.13 	(3) is involved only in the care of the license holder's own child; and
11.14 	(4) does not have direct, unsupervised contact with any nonrelative children receiving 
11.15 	services.
11.16 	(b) If the individual in paragraph (a) is not a household member, the individual is also 
11.17 	exempt from background study requirements under chapter 245C.

11.18 	EFFECTIVE DATE. This section is effective September 30, 2020.

11.19 	Sec. 9. Minnesota Statutes 2019 Supplement, section 245A.16, subdivision 1, is amended 
11.20 	to read:
11.21 		Subdivision 1.Delegation of authority to agencies. (a) County agencies and private 
11.22 	agencies that have been designated or licensed by the commissioner to perform licensing 
11.23 	functions and activities under section 245A.04 and background studies for family child care 
11.24 	under chapter 245C; to recommend denial of applicants under section 245A.05; to issue 
11.25 	correction orders, to issue variances, and recommend a conditional license under section 
11.26 	245A.06; or to recommend suspending or revoking a license or issuing a fine under section 
11.27 	245A.07, shall comply with rules and directives of the commissioner governing those 
11.28 	functions and with this section. The following variances are excluded from the delegation 
11.29 	of variance authority and may be issued only by the commissioner:
11.30 	(1) dual licensure of family child care and child foster care, dual licensure of child and 
11.31 	adult foster care, and adult foster care and family child care;
11.32 	(2) adult foster care maximum capacity;
12.1 	(3) adult foster care minimum age requirement;
12.2 	(4) child foster care maximum age requirement;
12.3 	(5) variances regarding disqualified individuals except that, before the implementation 
12.4 	of NETStudy 2.0, county agencies may issue variances under section 245C.30 regarding 
12.5 	disqualified individuals when the county is responsible for conducting a consolidated 
12.6 	reconsideration according to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and 
12.7 	(b), of a county maltreatment determination and a disqualification based on serious or 
12.8 	recurring maltreatment;
12.9 	(6) the required presence of a caregiver in the adult foster care residence during normal 
12.10 	sleeping hours;
12.11 	(7) variances to requirements relating to chemical use problems of a license holder or a 
12.12 	household member of a license holder; and
12.13 	(8) variances to section 245A.53 for a time-limited period. If the commissioner grants 
12.14 	a variance under this clause, the license holder must provide notice of the variance to all 
12.15 	parents and guardians of the children in care.
12.16 	Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must 
12.17 	not grant a license holder a variance to exceed the maximum allowable family child care 
12.18 	license capacity of 14 children.
12.19 	(b) A county agency that has been designated by the commissioner to issue family child 
12.20 	care variances must:
12.21 	(1) publish the county agency's policies and criteria for issuing variances on the county's 
12.22 	public website and update the policies as necessary; and
12.23 	(2) annually distribute the county agency's policies and criteria for issuing variances to 
12.24 	all family child care license holders in the county.
12.25 	(b) (c) Before the implementation of NETStudy 2.0, county agencies must report 
12.26 	information about disqualification reconsiderations under sections 245C.25 and 245C.27, 
12.27 	subdivision 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause 
12.28 	(5), to the commissioner at least monthly in a format prescribed by the commissioner.
12.29 	(c) (d) For family child care programs, the commissioner shall require a county agency 
12.30 	to conduct one unannounced licensing review at least annually.
12.31 	(d) (e) For family adult day services programs, the commissioner may authorize licensing 
12.32 	reviews every two years after a licensee has had at least one annual review.
13.1 	(e) (f) A license issued under this section may be issued for up to two years.
13.2 	(f) (g) During implementation of chapter 245D, the commissioner shall consider:
13.3 	(1) the role of counties in quality assurance;
13.4 	(2) the duties of county licensing staff; and
13.5 	(3) the possible use of joint powers agreements, according to section 471.59, with counties 
13.6 	through which some licensing duties under chapter 245D may be delegated by the 
13.7 	commissioner to the counties.
13.8 	Any consideration related to this paragraph must meet all of the requirements of the corrective 
13.9 	action plan ordered by the federal Centers for Medicare and Medicaid Services.
13.10 	(g) (h) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or 
13.11 	successor provisions; and section 245D.061 or successor provisions, for family child foster 
13.12 	care programs providing out-of-home respite, as identified in section 245D.03, subdivision 
13.13 	1, paragraph (b), clause (1), is excluded from the delegation of authority to county and 
13.14 	private agencies.
13.15 	(h) (i) A county agency shall report to the commissioner, in a manner prescribed by the 
13.16 	commissioner, the following information for a licensed family child care program:
13.17 	(1) the results of each licensing review completed, including the date of the review, and 
13.18 	any licensing correction order issued;
13.19 	(2) any death, serious injury, or determination of substantiated maltreatment; and
13.20 	(3) any fires that require the service of a fire department within 48 hours of the fire. The 
13.21 	information under this clause must also be reported to the state fire marshal within two 
13.22 	business days of receiving notice from a licensed family child care provider.

13.23 	EFFECTIVE DATE. This section is effective January 1, 2021.

13.24 	Sec. 10. Minnesota Statutes 2019 Supplement, section 245A.40, subdivision 7, is amended 
13.25 	to read:
13.26 		Subd. 7.In-service. (a) A license holder must ensure that the center director, staff 
13.27 	persons, substitutes, and unsupervised volunteers complete in-service training each calendar 
13.28 	year.
13.29 	(b) The center director and staff persons who work more than 20 hours per week must 
13.30 	complete 24 hours of in-service training each calendar year. Staff persons who work 20 
13.31 	hours or less per week must complete 12 hours of in-service training each calendar year. 
14.1 	Substitutes and unsupervised volunteers must complete the requirements of paragraphs (e) 
14.2 	to (h) (d) to (g) and do not otherwise have a minimum number of hours of training to 
14.3 	complete.
14.4 	(c) The number of in-service training hours may be prorated for individuals not employed 
14.5 	for an entire year.
14.6 	(d) Each year, in-service training must include:
14.7 	(1) the center's procedures for maintaining health and safety according to section 245A.41 
14.8 	and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according 
14.9 	to Minnesota Rules, part 9503.0110;
14.10 	(2) the reporting responsibilities under section 626.556 chapter 260E and Minnesota 
14.11 	Rules, part 9503.0130;
14.12 	(3) at least one-half hour of training on the standards under section 245A.1435 and on 
14.13 	reducing the risk of sudden unexpected infant death as required under subdivision 5, if 
14.14 	applicable; and
14.15 	(4) at least one-half hour of training on the risk of abusive head trauma from shaking 
14.16 	infants and young children as required under subdivision 5a, if applicable.
14.17 	(e) Each year, or when a change is made, whichever is more frequent, in-service training 
14.18 	must be provided on: (1) the center's risk reduction plan under section 245A.66, subdivision 
14.19 	2; and (2) a child's individual child care program plan as required under Minnesota Rules, 
14.20 	part 9503.0065, subpart 3.
14.21 	(f) At least once every two calendar years, the in-service training must include:
14.22 	(1) child development and learning training under subdivision 2;
14.23 	(2) pediatric first aid that meets the requirements of subdivision 3;
14.24 	(3) pediatric cardiopulmonary resuscitation training that meets the requirements of 
14.25 	subdivision 4;
14.26 	(4) cultural dynamics training to increase awareness of cultural differences; and
14.27 	(5) disabilities training to increase awareness of differing abilities of children.
14.28 	(g) At least once every five years, in-service training must include child passenger 
14.29 	restraint training that meets the requirements of subdivision 6, if applicable.
15.1 	(h) The remaining hours of the in-service training requirement must be met by completing 
15.2 	training in the following content areas of the Minnesota Knowledge and Competency 
15.3 	Framework:
15.4 	(1) Content area I: child development and learning;
15.5 	(2) Content area II: developmentally appropriate learning experiences;
15.6 	(3) Content area III: relationships with families;
15.7 	(4) Content area IV: assessment, evaluation, and individualization;
15.8 	(5) Content area V: historical and contemporary development of early childhood 
15.9 	education;
15.10 	(6) Content area VI: professionalism;
15.11 	(7) Content area VII: health, safety, and nutrition; and
15.12 	(8) Content area VIII: application through clinical experiences.
15.13 	(i) For purposes of this subdivision, the following terms have the meanings given them.
15.14 	(1) "Child development and learning training" means training in understanding how 
15.15 	children develop physically, cognitively, emotionally, and socially and learn as part of the 
15.16 	children's family, culture, and community.
15.17 	(2) "Developmentally appropriate learning experiences" means creating positive learning 
15.18 	experiences, promoting cognitive development, promoting social and emotional development, 
15.19 	promoting physical development, and promoting creative development.
15.20 	(3) "Relationships with families" means training on building a positive, respectful 
15.21 	relationship with the child's family.
15.22 	(4) "Assessment, evaluation, and individualization" means training in observing, 
15.23 	recording, and assessing development; assessing and using information to plan; and assessing 
15.24 	and using information to enhance and maintain program quality.
15.25 	(5) "Historical and contemporary development of early childhood education" means 
15.26 	training in past and current practices in early childhood education and how current events 
15.27 	and issues affect children, families, and programs.
15.28 	(6) "Professionalism" means training in knowledge, skills, and abilities that promote 
15.29 	ongoing professional development.
15.30 	(7) "Health, safety, and nutrition" means training in establishing health practices, ensuring 
15.31 	safety, and providing healthy nutrition.
16.1 	(8) "Application through clinical experiences" means clinical experiences in which a 
16.2 	person applies effective teaching practices using a range of educational programming models.
16.3 	(j) The license holder must ensure that documentation, as required in subdivision 10, 
16.4 	includes the number of total training hours required to be completed, name of the training, 
16.5 	the Minnesota Knowledge and Competency Framework content area, number of hours 
16.6 	completed, and the director's approval of the training.
16.7 	(k) In-service training completed by a staff person that is not specific to that child care 
16.8 	center is transferable upon a staff person's change in employment to another child care 
16.9 	program.

16.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.11 	Sec. 11. Minnesota Statutes 2018, section 245A.50, as amended by Laws 2019, First 
16.12 	Special Session chapter 9, article 2, section 53, is amended to read:
16.13 	245A.50 FAMILY CHILD CARE TRAINING REQUIREMENTS.
16.14 		Subdivision 1.Initial training. (a) License holders, second adult caregivers, and 
16.15 	substitutes must comply with the training requirements in this section.
16.16 	(b) Helpers who assist with care on a regular basis must complete six hours of training 
16.17 	within one year after the date of initial employment.
16.18 	(c) Training requirements established under this section that must be completed prior 
16.19 	to initial licensure must be satisfied only by a newly licensed child care provider or by a 
16.20 	child care provider who has not held an active child care license in Minnesota in the previous 
16.21 	12 months. A child care provider who voluntarily cancels a license or allows the license to 
16.22 	lapse for a period of less than 12 months and who seeks reinstatement of the lapsed or 
16.23 	canceled license within 12 months of the lapse or cancellation must satisfy the annual, 
16.24 	ongoing training requirements, and is not required to satisfy the training requirements that 
16.25 	must be completed prior to initial licensure. A child care provider who relocates within the 
16.26 	state must (1) satisfy the annual, ongoing training requirements according to the schedules 
16.27 	established in this section and (2) not be required to satisfy the training requirements under 
16.28 	this section that the child care provider completed prior to initial licensure. If a licensed 
16.29 	provider moves to a new county, the new county is prohibited from requiring the provider 
16.30 	to complete any orientation class or training for new providers.
16.31 	(d) Before a second adult caregiver or substitute cares for a child or assists in the care 
16.32 	of a child, the license holder must train the second adult caregiver or substitute on:
17.1 	(1) the emergency preparedness plan required under section 245A.51, subdivision 3; 
17.2 	and
17.3 	(2) allergy prevention and response required under section 245A.51, subdivision 1.
17.4 		Subd. 1a.Definitions and general provisions. For the purposes of this section, the 
17.5 	following terms have the meanings given:
17.6 	(1) "second adult caregiver" means an adult who cares for children in the licensed 
17.7 	program along with the license holder for a cumulative total of more than 500 hours annually;
17.8 	(2) "helper" means a minor, ages 13 to 17, who assists in caring for children; and
17.9 	(3) "substitute" means an adult who assumes responsibility for a license holder for a 
17.10 	cumulative total of not more than 500 hours annually.
17.11 	An adult who cares for children in the licensed program along with the license holder for 
17.12 	a cumulative total of not more than 500 hours annually has the same training requirements 
17.13 	as a substitute.
17.14 		Subd. 2.Child development and learning and behavior guidance training. (a) For 
17.15 	purposes of family and group family child care, the license holder and each second adult 
17.16 	caregiver who provides care in the licensed setting for more than 30 days in any 12-month 
17.17 	period shall complete and document at least four hours of child growth development and 
17.18 	learning and behavior guidance training prior to initial licensure, and before caring for 
17.19 	children. For purposes of this subdivision, "child development and learning training" means 
17.20 	training in understanding how children develop physically, cognitively, emotionally, and 
17.21 	socially and learn as part of the children's family, culture, and community. "Behavior 
17.22 	guidance training" means training in the understanding of the functions of child behavior 
17.23 	and strategies for managing challenging situations. At least two hours of child development 
17.24 	and learning or behavior guidance training must be repeated annually. The training curriculum
17.25 	shall be developed or approved by the commissioner of human services.
17.26 	(b) Notwithstanding initial child development and learning and behavior guidance 
17.27 	training requirements in paragraph (a), individuals are exempt from this requirement if they:
17.28 	(1) have taken a three-credit course on early childhood development within the past five 
17.29 	years;
17.30 	(2) have received a baccalaureate or master's degree in early childhood education or 
17.31 	school-age child care within the past five years;
18.1 	(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator, 
18.2 	a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special 
18.3 	education teacher, or an elementary teacher with a kindergarten endorsement; or
18.4 	(4) have received a baccalaureate degree with a Montessori certificate within the past 
18.5 	five years.
18.6 	(c) The license holder and each second adult caregiver must annually take at least two 
18.7 	hours of child development and learning or behavior guidance training. A three-credit course 
18.8 	about early childhood development meets the requirements of this paragraph.
18.9 		Subd. 3.First aid. (a) When children are present in a family child care home governed 
18.10 	by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one staff person must be present 
18.11 	in the home who has been trained in first aid Before initial licensure and before caring for 
18.12 	a child, license holders, second adult caregivers, and substitutes must be trained in pediatric 
18.13 	first aid. The first aid training must have been provided by an individual approved to provide 
18.14 	first aid instruction. First aid training may be less than eight hours and persons qualified to 
18.15 	provide first aid training include individuals approved as first aid instructors. First aid 
18.16 	training must be repeated every two years License holders, second adult caregivers, and 
18.17 	substitutes must repeat pediatric first aid training every two years. When the training expires, 
18.18 	it must be retaken no later than the day before the anniversary of the license holder's license 
18.19 	effective date.
18.20 	(b) A family child care provider is exempt from the first aid training requirements under 
18.21 	this subdivision related to any substitute caregiver who provides less than 30 hours of care 
18.22 	during any 12-month period.
18.23 	(c) (b) Video training reviewed and approved by the county licensing agency satisfies 
18.24 	the training requirement of this subdivision.
18.25 		Subd. 4.Cardiopulmonary resuscitation. (a) When children are present in a family 
18.26 	child care home governed by Minnesota Rules, parts 9502.0315 to 9502.0445, at least one 
18.27 	caregiver must be present in the home who has been trained in cardiopulmonary resuscitation 
18.28 	(CPR) Before initial licensure and before caring for a child, license holders, second adult 
18.29 	caregivers, and substitutes must be trained in pediatric cardiopulmonary resuscitation (CPR), 
18.30 	including CPR techniques for infants and children, and in the treatment of obstructed airways. 
18.31 	The CPR training must have been provided by an individual approved to provide CPR 
18.32 	instruction,. License holders, second adult caregivers, and substitutes must be repeated
18.33 	repeat pediatric CPR training at least once every two years, and must be documented
18.34 	document the training in the caregiver's license holder's records. When the training expires, 
19.1 	it must be retaken no later than the day before the anniversary of the license holder's license 
19.2 	effective date.
19.3 	(b) A family child care provider is exempt from the CPR training requirement in this 
19.4 	subdivision related to any substitute caregiver who provides less than 30 hours of care during 
19.5 	any 12-month period.
19.6 	(c) (b) Persons providing CPR training must use CPR training that has been developed:
19.7 	(1) by the American Heart Association or the American Red Cross and incorporates 
19.8 	psychomotor skills to support the instruction; or
19.9 	(2) using nationally recognized, evidence-based guidelines for CPR training and 
19.10 	incorporates psychomotor skills to support the instruction.
19.11 		Subd. 5.Sudden unexpected infant death and abusive head trauma training. (a) 
19.12 	License holders must ensure and document that before staff persons the license holder, 
19.13 	second adult caregivers, substitutes, and helpers assist in the care of infants, they are 
19.14 	instructed on the standards in section 245A.1435 and receive training on reducing the risk 
19.15 	of sudden unexpected infant death. In addition, license holders must ensure and document 
19.16 	that before staff persons the license holder, second adult caregivers, substitutes, and helpers 
19.17 	assist in the care of infants and children under school age, they receive training on reducing 
19.18 	the risk of abusive head trauma from shaking infants and young children. The training in 
19.19 	this subdivision may be provided as initial training under subdivision 1 or ongoing annual 
19.20 	training under subdivision 7.
19.21 	(b) Sudden unexpected infant death reduction training required under this subdivision 
19.22 	must, at a minimum, address the risk factors related to sudden unexpected infant death, 
19.23 	means of reducing the risk of sudden unexpected infant death in child care, and license 
19.24 	holder communication with parents regarding reducing the risk of sudden unexpected infant 
19.25 	death.
19.26 	(c) Abusive head trauma training required under this subdivision must, at a minimum, 
19.27 	address the risk factors related to shaking infants and young children, means of reducing 
19.28 	the risk of abusive head trauma in child care, and license holder communication with parents 
19.29 	regarding reducing the risk of abusive head trauma.
19.30 	(d) Training for family and group family child care providers must be developed by the 
19.31 	commissioner in conjunction with the Minnesota Sudden Infant Death Center and approved 
19.32 	by the Minnesota Center for Professional Development. Sudden unexpected infant death 
20.1 	reduction training and abusive head trauma training may be provided in a single course of 
20.2 	no more than two hours in length.
20.3 	(e) Sudden unexpected infant death reduction training and abusive head trauma training 
20.4 	required under this subdivision must be completed in person or as allowed under subdivision 
20.5 	10, clause (1) or (2), at least once every two years. When the training expires, it must be 
20.6 	retaken no later than the day before the anniversary of the license holder's license effective 
20.7 	date. On the years when the license holder individual receiving training is not receiving 
20.8 	training in person or as allowed under subdivision 10, clause (1) or (2), the license holder
20.9 	individual receiving training in accordance with this subdivision must receive sudden 
20.10 	unexpected infant death reduction training and abusive head trauma training through a video 
20.11 	of no more than one hour in length. The video must be developed or approved by the 
20.12 	commissioner.
20.13 	(f) An individual who is related to the license holder as defined in section 245A.02, 
20.14 	subdivision 13, and who is involved only in the care of the license holder's own infant or 
20.15 	child under school age and who is not designated to be a second adult caregiver, helper, or 
20.16 	substitute, as defined in Minnesota Rules, part 9502.0315, for the licensed program, is 
20.17 	exempt from the sudden unexpected infant death and abusive head trauma training.
20.18 		Subd. 6.Child passenger restraint systems; training requirement. (a) A license 
20.19 	holder must comply with all seat belt and child passenger restraint system requirements 
20.20 	under section 169.685.
20.21 	(b) Family and group family child care programs licensed by the Department of Human 
20.22 	Services that serve a child or children under nine eight years of age must document training 
20.23 	that fulfills the requirements in this subdivision.
20.24 	(1) Before a license holder, staff person, second adult caregiver, substitute, or helper 
20.25 	transports a child or children under age nine eight in a motor vehicle, the person placing 
20.26 	the child or children in a passenger restraint must satisfactorily complete training on the 
20.27 	proper use and installation of child restraint systems in motor vehicles. Training completed 
20.28 	under this subdivision may be used to meet initial training under subdivision 1 or ongoing 
20.29 	training under subdivision 7.
20.30 	(2) Training required under this subdivision must be at least one hour in length, completed 
20.31 	at initial training, and repeated at least once every five years. When the training expires, it 
20.32 	must be retaken no later than the day before the anniversary of the license holder's license 
20.33 	effective date. At a minimum, the training must address the proper use of child restraint 
20.34 	systems based on the child's size, weight, and age, and the proper installation of a car seat 
21.1 	or booster seat in the motor vehicle used by the license holder to transport the child or 
21.2 	children.
21.3 	(3) Training under this subdivision must be provided by individuals who are certified 
21.4 	and approved by the Department of Public Safety, Office of Traffic Safety. License holders 
21.5 	may obtain a list of certified and approved trainers through the Department of Public Safety 
21.6 	website or by contacting the agency.
21.7 	(c) Child care providers that only transport school-age children as defined in section 
21.8 	245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448, 
21.9 	subdivision 1, paragraph (e), are exempt from this subdivision.
21.10 		Subd. 7.Training requirements for family and group family child care. For purposes 
21.11 	of family and group family child care, the license holder and each primary second adult
21.12 	caregiver must complete 16 hours of ongoing training each year. For purposes of this 
21.13 	subdivision, a primary caregiver is an adult caregiver who provides services in the licensed 
21.14 	setting for more than 30 days in any 12-month period. Repeat of topical training requirements 
21.15 	in subdivisions 2 to 8 shall count toward the annual 16-hour training requirement. Additional 
21.16 	ongoing training subjects to meet the annual 16-hour training requirement must be selected 
21.17 	from the following areas:
21.18 	(1) child development and learning training under subdivision 2, paragraph (a) in 
21.19 	understanding how a child develops physically, cognitively, emotionally, and socially, and 
21.20 	how a child learns as part of the child's family, culture, and community;
21.21 	(2) developmentally appropriate learning experiences, including training in creating 
21.22 	positive learning experiences, promoting cognitive development, promoting social and 
21.23 	emotional development, promoting physical development, promoting creative development; 
21.24 	and behavior guidance;
21.25 	(3) relationships with families, including training in building a positive, respectful 
21.26 	relationship with the child's family;
21.27 	(4) assessment, evaluation, and individualization, including training in observing, 
21.28 	recording, and assessing development; assessing and using information to plan; and assessing 
21.29 	and using information to enhance and maintain program quality;
21.30 	(5) historical and contemporary development of early childhood education, including 
21.31 	training in past and current practices in early childhood education and how current events 
21.32 	and issues affect children, families, and programs;
22.1 	(6) professionalism, including training in knowledge, skills, and abilities that promote 
22.2 	ongoing professional development; and
22.3 	(7) health, safety, and nutrition, including training in establishing healthy practices; 
22.4 	ensuring safety; and providing healthy nutrition.
22.5 		Subd. 8.Other required training requirements. (a) The training required of family 
22.6 	and group family child care providers and staff must include training in the cultural dynamics 
22.7 	of early childhood development and child care. The cultural dynamics and disabilities 
22.8 	training and skills development of child care providers must be designed to achieve outcomes 
22.9 	for providers of child care that include, but are not limited to:
22.10 	(1) an understanding and support of the importance of culture and differences in ability 
22.11 	in children's identity development;
22.12 	(2) understanding the importance of awareness of cultural differences and similarities 
22.13 	in working with children and their families;
22.14 	(3) understanding and support of the needs of families and children with differences in 
22.15 	ability;
22.16 	(4) developing skills to help children develop unbiased attitudes about cultural differences 
22.17 	and differences in ability;
22.18 	(5) developing skills in culturally appropriate caregiving; and
22.19 	(6) developing skills in appropriate caregiving for children of different abilities.
22.20 	The commissioner shall approve the curriculum for cultural dynamics and disability 
22.21 	training.
22.22 	(b) The provider must meet the training requirement in section 245A.14, subdivision 
22.23 	11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child care 
22.24 	or group family child care home to use the swimming pool located at the home.
22.25 		Subd. 9.Supervising for safety; training requirement. (a) Courses required by this 
22.26 	subdivision must include the following health and safety topics:
22.27 	(1) preventing and controlling infectious diseases;
22.28 	(2) administering medication;
22.29 	(3) preventing and responding to allergies;
22.30 	(4) ensuring building and physical premises safety;
22.31 	(5) handling and storing biological contaminants;
23.1 	(6) preventing and reporting child abuse and maltreatment; and
23.2 	(7) emergency preparedness.
23.3 	(a) (b) Before initial licensure and before caring for a child, all family child care license 
23.4 	holders and each second adult caregiver who provides care in the licensed family child care 
23.5 	home for more than 30 days in any 12-month period shall complete and document the 
23.6 	completion of the six-hour Supervising for Safety for Family Child Care course developed 
23.7 	by the commissioner.
23.8 	(c) The license holder must ensure and document that, before caring for a child, all 
23.9 	substitutes have completed the four-hour Basics of Licensed Family Child Care for 
23.10 	Substitutes course developed by the commissioner, which must include health and safety 
23.11 	topics as well as child development and learning.
23.12 	(b) (d) The family child care license holder and each second adult caregiver who provides 
23.13 	care in the licensed family child care home for more than 30 days in any 12-month period
23.14 	shall complete and document:
23.15 	(1) the annual completion of a two-hour active supervision course developed by the 
23.16 	commissioner; and
23.17 	(2) the completion at least once every five years of the two-hour courses Health and 
23.18 	Safety I and Health and Safety II. When the training is due for the first time or expires, it 
23.19 	must be taken no later than the day before the anniversary of the license holder's license 
23.20 	effective date. A license holder's or second adult caregiver's completion of either training 
23.21 	in a given year meets the annual active supervision training requirement in clause (1).
23.22 	(e) At least once every three years, license holders must ensure and document that 
23.23 	substitutes have completed the four-hour Basics of Licensed Family Child Care for 
23.24 	Substitutes course. When the training expires, it must be retaken no later than the day before 
23.25 	the anniversary of the license holder's license effective date.
23.26 		Subd. 10.Approved training. (a) The commissioner of human services must post 
23.27 	information on the department's website indicating the specific category within the 
23.28 	Knowledge and Competency Framework that will satisfy training requirements for child 
23.29 	development and learning, behavior guidance, and active supervision. County licensing 
23.30 	staff must accept trainings designated as satisfying training requirements by the commissioner 
23.31 	under this paragraph.
23.32 	(b) Unless specifically authorized in this section, one training does not fulfill two different 
23.33 	training requirements. Courses within the identified knowledge and competency areas that 
24.1 	are specific to child care centers or legal nonlicensed providers do not fulfill the requirements 
24.2 	of this section.
24.3 	(c) County licensing staff must accept training approved by the Minnesota Center for 
24.4 	Professional Development, including:
24.5 	(1) face-to-face or classroom training;
24.6 	(2) online training; and
24.7 	(3) relationship-based professional development, such as mentoring, coaching, and 
24.8 	consulting.
24.9 		Subd. 11.Provider training. New and increased training requirements under this section 
24.10 	must not be imposed on providers until the commissioner establishes statewide accessibility 
24.11 	to the required provider training.

24.12 	EFFECTIVE DATE. This section is effective September 30, 2020.

24.13 	Sec. 12. Minnesota Statutes 2018, section 245C.10, is amended by adding a subdivision 
24.14 	to read:
24.15 		Subd. 15.Guardians and conservators. The commissioner shall recover the cost of 
24.16 	conducting background studies for guardians and conservators under section 524.5-118 
24.17 	through a fee of no more than $110 per study. The fees collected under this subdivision are 
24.18 	appropriated to the commissioner for the purpose of conducting background studies.

24.19 	EFFECTIVE DATE. This section is effective January 1, 2021.

24.20 	Sec. 13. Minnesota Statutes 2018, section 245C.32, subdivision 2, is amended to read:
24.21 		Subd. 2.Use. (a) The commissioner may also use these systems and records to obtain 
24.22 	and provide criminal history data from the Bureau of Criminal Apprehension, criminal 
24.23 	history data held by the commissioner, and data about substantiated maltreatment under 
24.24 	section 626.556 or 626.557, for other purposes, provided that:
24.25 	(1) the background study is specifically authorized in statute; or
24.26 	(2) the request is made with the informed consent of the subject of the study as provided 
24.27 	in section 13.05, subdivision 4.
24.28 	(b) An individual making a request under paragraph (a), clause (2), must agree in writing 
24.29 	not to disclose the data to any other individual without the consent of the subject of the data.
25.1 	(c) The commissioner may recover the cost of obtaining and providing background study 
25.2 	data by charging the individual or entity requesting the study a fee of no more than $20 per 
25.3 	study. The fees collected under this paragraph are appropriated to the commissioner for the 
25.4 	purpose of conducting background studies.
25.5 	(d) The commissioner shall recover the cost of obtaining background study data required 
25.6 	under section 524.5-118 through a fee of $50 per study for an individual who has not lived 
25.7 	outside Minnesota for the past ten years, and a fee of $100 for an individual who has resided 
25.8 	outside of Minnesota for any period during the ten years preceding the background study. 
25.9 	The commissioner shall recover, from the individual, any additional fees charged by other 
25.10 	states' licensing agencies that are associated with these data requests. Fees under subdivision 
25.11 	3 also apply when criminal history data from the National Criminal Records Repository is 
25.12 	required.

25.13 	EFFECTIVE DATE. This section is effective January 1, 2021.

25.14 	Sec. 14. Minnesota Statutes 2018, section 256.041, subdivision 10, is amended to read:
25.15 		Subd. 10.Expiration. The council expires on June 30, 2020 2022.

25.16 	Sec. 15. Minnesota Statutes 2018, section 256E.35, is amended to read:
25.17 	256E.35 FAMILY ASSETS FOR INDEPENDENCE.
25.18 		Subdivision 1.Establishment. The Minnesota family assets for independence initiative 
25.19 	is established to provide incentives for low-income families to accrue assets for education, 
25.20 	housing, vehicles, and economic development purposes.
25.21 		Subd. 2.Definitions. (a) The definitions in this subdivision apply to this section.
25.22 	(b) "Eligible educational institution" means the following:
25.23 	(1) an institution of higher education described in section 101 or 102 of the Higher 
25.24 	Education Act of 1965; or
25.25 	(2) an area vocational education school, as defined in subparagraph (C) or (D) of United 
25.26 	States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and 
25.27 	Applied Technology Education Act), which is located within any state, as defined in United 
25.28 	States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the 
25.29 	extent section 2302 is in effect on August 1, 2008.
25.30 	(c) "Family asset account" means a savings account opened by a household participating 
25.31 	in the Minnesota family assets for independence initiative.
26.1 	(d) "Fiduciary organization" means:
26.2 	(1) a community action agency that has obtained recognition under section 256E.31;
26.3 	(2) a federal community development credit union serving the seven-county metropolitan 
26.4 	area; or
26.5 	(3) a women-oriented economic development agency serving the seven-county 
26.6 	metropolitan area.
26.7 	(e) "Financial coach" means a person who:
26.8 	(1) has completed an intensive financial literacy training workshop that includes 
26.9 	curriculum on budgeting to increase savings, debt reduction and asset building, building a 
26.10 	good credit rating, and consumer protection;
26.11 	(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM) 
26.12 	network training meetings under FAIM program supervision; and
26.13 	(3) provides financial coaching to program participants under subdivision 4a.
26.14 	(f) "Financial institution" means a bank, bank and trust, savings bank, savings association, 
26.15 	or credit union, the deposits of which are insured by the Federal Deposit Insurance 
26.16 	Corporation or the National Credit Union Administration.
26.17 	(g) "Household" means all individuals who share use of a dwelling unit as primary 
26.18 	quarters for living and eating separate from other individuals.
26.19 	(h) "Permissible use" means:
26.20 	(1) postsecondary educational expenses at an eligible educational institution as defined 
26.21 	in paragraph (b), including books, supplies, and equipment required for courses of instruction;
26.22 	(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including 
26.23 	any usual or reasonable settlement, financing, or other closing costs;
26.24 	(3) business capitalization expenses for expenditures on capital, plant, equipment, working 
26.25 	capital, and inventory expenses of a legitimate business pursuant to a business plan approved 
26.26 	by the fiduciary organization; and
26.27 	(4) acquisition costs of a principal residence within the meaning of section 1034 of the 
26.28 	Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase 
26.29 	price applicable to the residence determined according to section 143(e)(2) and (3) of the 
26.30 	Internal Revenue Code of 1986.; and
26.31 	(5) acquisition costs of a personal vehicle only if approved by the fiduciary organization.
27.1 		Subd. 3.Grants awarded. The commissioner shall allocate funds to participating 
27.2 	fiduciary organizations to provide family asset services. Grant awards must be based on a 
27.3 	plan submitted by a statewide organization representing fiduciary organizations. The 
27.4 	statewide organization must ensure that any interested unrepresented fiduciary organization 
27.5 	have input into the development of the plan. The plan must equitably distribute funds to 
27.6 	achieve geographic balance and document the capacity of participating fiduciary 
27.7 	organizations to manage the program and to raise the private match.
27.8 		Subd. 4.Duties. A participating fiduciary organization must:
27.9 	(1) provide separate accounts for the immediate deposit of program funds;
27.10 	(2) establish a process to select participants and describe any priorities for participation;
27.11 	(3) enter into a family asset agreement with the household to establish the terms of 
27.12 	participation;
27.13 	(4) provide households with economic literacy education;
27.14 	(5) provide households with information on early childhood family education;
27.15 	(6) provide matching deposits for participating households;
27.16 	(7) coordinate with other related public and private programs; and
27.17 	(8) establish a process to appeal and mediate disputes.
27.18 		Subd. 4a.Financial coaching. A financial coach shall provide the following to program 
27.19 	participants:
27.20 	(1) financial education relating to budgeting, debt reduction, asset-specific training, and 
27.21 	financial stability activities;
27.22 	(2) asset-specific training related to buying a home or vehicle, acquiring postsecondary 
27.23 	education, or starting or expanding a small business; and
27.24 	(3) financial stability education and training to improve and sustain financial security.
27.25 		Subd. 5.Household eligibility; participation. (a) To be eligible for state or TANF 
27.26 	matching funds in the family assets for independence initiative, a household must meet the 
27.27 	eligibility requirements of the federal Assets for Independence Act, Public Law 105-285, 
27.28 	in Title IV, section 408 of that act.
27.29 	(b) Each participating household must sign a family asset agreement that includes the 
27.30 	amount of scheduled deposits into its savings account, the proposed use, and the proposed 
28.1 	savings goal. A participating household must agree to complete an economic literacy training 
28.2 	program.
28.3 	(c) Participating households may only deposit money that is derived from household 
28.4 	earned income or from state and federal income tax credits.
28.5 		Subd. 6.Withdrawal; matching; permissible uses. (a) To receive a match, a 
28.6 	participating household must transfer funds withdrawn from a family asset account to its 
28.7 	matching fund custodial account held by the fiscal agent, according to the family asset 
28.8 	agreement. The fiscal agent must determine if the match request is for a permissible use 
28.9 	consistent with the household's family asset agreement.
28.10 	(b) The fiscal agent must ensure the household's custodial account contains the applicable 
28.11 	matching funds to match the balance in the household's account, including interest, on at 
28.12 	least a quarterly basis and at the time of an approved withdrawal. Matches must be provided 
28.13 	as follows:
28.14 	(1) from state grant and TANF funds, a matching contribution of $1.50 $3 from state 
28.15 	grant or TANF funds for every $1 of funds withdrawn from the family asset account equal 
28.16 	to the lesser of $720 per year or not to exceed a $3,000 $6,000 lifetime limit; and.
28.17 	(2) from nonstate funds, a matching contribution of no less than $1.50 for every $1 of 
28.18 	funds withdrawn from the family asset account equal to the lesser of $720 per year or a 
28.19 	$3,000 lifetime limit.
28.20 	(c) Notwithstanding paragraph (b), if funds are appropriated for the Federal Assets for 
28.21 	Independence Act of 1998, and a participating fiduciary organization is awarded a grant 
28.22 	under that act, participating households with that fiduciary organization must be provided 
28.23 	matches as follows:
28.24 	(1) from state grant and TANF funds, a matching contribution of $1.50 for every $1 of 
28.25 	funds withdrawn from the family asset account not to exceed a $3,000 lifetime limit; and
28.26 	(2) from nonstate funds, a matching contribution of not less than $1.50 for every $1 of 
28.27 	funds withdrawn from the family asset account not to exceed a $3,000 lifetime limit.
28.28 	(b) (d) Upon receipt of transferred custodial account funds, the fiscal agent must make 
28.29 	a direct payment to the vendor of the goods or services for the permissible use.
28.30 		Subd. 7.Program reporting. The fiscal agent on behalf of each fiduciary organization 
28.31 	participating in a family assets for independence initiative must report quarterly to the 
28.32 	commissioner of human services identifying the participants with accounts, the number of 
28.33 	accounts, the amount of savings and matches for each participant's account, the uses of the 
29.1 	account, and the number of businesses, homes, vehicles, and educational services paid for 
29.2 	with money from the account, as well as other information that may be required for the 
29.3 	commissioner to administer the program and meet federal TANF reporting requirements.

29.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

29.5 	Sec. 16. Minnesota Statutes 2018, section 257.0725, is amended to read:
29.6 	257.0725 ANNUAL REPORT.
29.7 	The commissioner of human services shall publish an annual report on child maltreatment 
29.8 	and on children in out-of-home placement. The commissioner shall confer with counties, 
29.9 	child welfare organizations, child advocacy organizations, the courts, and other groups on 
29.10 	how to improve the content and utility of the department's annual report. In regard to child 
29.11 	maltreatment, the report shall include the number and kinds of maltreatment reports received 
29.12 	and any other data that the commissioner determines is appropriate to include in a report 
29.13 	on child maltreatment. In regard to children in out-of-home placement, the report shall 
29.14 	include, by county and statewide, information on legal status, living arrangement, age, sex, 
29.15 	race, accumulated length of time in placement, reason for most recent placement, race of 
29.16 	family with whom placed, school enrollments within seven days of placement pursuant to 
29.17 	section 120A.21, and other information deemed appropriate on all children in out-of-home 
29.18 	placement. Out-of-home placement includes placement in any facility by an authorized 
29.19 	child-placing agency.

29.20 	Sec. 17. Minnesota Statutes 2018, section 260C.219, is amended to read:
29.21 	260C.219 AGENCY RESPONSIBILITIES FOR PARENTS AND CHILDREN IN 
29.22 	PLACEMENT.
29.23 		Subdivision 1.Responsibilities for parents; noncustodial parents. (a) When a child 
29.24 	is in foster care, the responsible social services agency shall make diligent efforts to identify, 
29.25 	locate, and, where appropriate, offer services to both parents of the child.
29.26 	(1) (b) The responsible social services agency shall assess whether a noncustodial or 
29.27 	nonadjudicated parent is willing and capable of providing for the day-to-day care of the 
29.28 	child temporarily or permanently. An assessment under this clause paragraph may include, 
29.29 	but is not limited to, obtaining information under section 260C.209. If after assessment, the 
29.30 	responsible social services agency determines that a noncustodial or nonadjudicated parent 
29.31 	is willing and capable of providing day-to-day care of the child, the responsible social 
29.32 	services agency may seek authority from the custodial parent or the court to have that parent 
29.33 	assume day-to-day care of the child. If a parent is not an adjudicated parent, the responsible 
30.1 	social services agency shall require the nonadjudicated parent to cooperate with paternity 
30.2 	establishment procedures as part of the case plan.
30.3 	(2) (c) If, after assessment, the responsible social services agency determines that the 
30.4 	child cannot be in the day-to-day care of either parent, the agency shall:
30.5 	(i) (1) prepare an out-of-home placement plan addressing the conditions that each parent 
30.6 	must meet before the child can be in that parent's day-to-day care; and
30.7 	(ii) (2) provide a parent who is the subject of a background study under section 260C.209
30.8 	15 days' notice that it intends to use the study to recommend against putting the child with 
30.9 	that parent, and the court shall afford the parent an opportunity to be heard concerning the 
30.10 	study.
30.11 	The results of a background study of a noncustodial parent shall not be used by the agency 
30.12 	to determine that the parent is incapable of providing day-to-day care of the child unless 
30.13 	the agency reasonably believes that placement of the child into the home of that parent 
30.14 	would endanger the child's health, safety, or welfare.
30.15 	(3) (d) If, after the provision of services following an out-of-home placement plan under 
30.16 	this section subdivision, the child cannot return to the care of the parent from whom the 
30.17 	child was removed or who had legal custody at the time the child was placed in foster care, 
30.18 	the agency may petition on behalf of a noncustodial parent to establish legal custody with 
30.19 	that parent under section 260C.515, subdivision 4. If paternity has not already been 
30.20 	established, it may be established in the same proceeding in the manner provided for under 
30.21 	chapter 257.
30.22 	(4) (e) The responsible social services agency may be relieved of the requirement to 
30.23 	locate and offer services to both parents by the juvenile court upon a finding of good cause 
30.24 	after the filing of a petition under section 260C.141.
30.25 		Subd. 2.Notice to parent or guardian. (b) The responsible social services agency shall 
30.26 	give notice to the parent or guardian of each child in foster care, other than a child in 
30.27 	voluntary foster care for treatment under chapter 260D, of the following information:
30.28 	(1) that the child's placement in foster care may result in termination of parental rights 
30.29 	or an order permanently placing the child out of the custody of the parent, but only after 
30.30 	notice and a hearing as required under this chapter and the juvenile court rules;
30.31 	(2) time limits on the length of placement and of reunification services, including the 
30.32 	date on which the child is expected to be returned to and safely maintained in the home of 
31.1 	the parent or parents or placed for adoption or otherwise permanently removed from the 
31.2 	care of the parent by court order;
31.3 	(3) the nature of the services available to the parent;
31.4 	(4) the consequences to the parent and the child if the parent fails or is unable to use 
31.5 	services to correct the circumstances that led to the child's placement;
31.6 	(5) the first consideration for placement with relatives;
31.7 	(6) the benefit to the child in getting the child out of foster care as soon as possible, 
31.8 	preferably by returning the child home, but if that is not possible, through a permanent legal 
31.9 	placement of the child away from the parent;
31.10 	(7) when safe for the child, the benefits to the child and the parent of maintaining 
31.11 	visitation with the child as soon as possible in the course of the case and, in any event, 
31.12 	according to the visitation plan under this section; and
31.13 	(8) the financial responsibilities and obligations, if any, of the parent or parents for the 
31.14 	support of the child during the period the child is in foster care.
31.15 		Subd. 3.Information for a parent considering voluntary placement. (c) The 
31.16 	responsible social services agency shall inform a parent considering voluntary placement 
31.17 	of a child under section 260C.227 of the following information:
31.18 	(1) the parent and the child each has a right to separate legal counsel before signing a 
31.19 	voluntary placement agreement, but not to counsel appointed at public expense;
31.20 	(2) the parent is not required to agree to the voluntary placement, and a parent who enters 
31.21 	a voluntary placement agreement may at any time request that the agency return the child. 
31.22 	If the parent so requests, the child must be returned within 24 hours of the receipt of the 
31.23 	request;
31.24 	(3) evidence gathered during the time the child is voluntarily placed may be used at a 
31.25 	later time as the basis for a petition alleging that the child is in need of protection or services 
31.26 	or as the basis for a petition seeking termination of parental rights or other permanent 
31.27 	placement of the child away from the parent;
31.28 	(4) if the responsible social services agency files a petition alleging that the child is in 
31.29 	need of protection or services or a petition seeking the termination of parental rights or other 
31.30 	permanent placement of the child away from the parent, the parent would have the right to 
31.31 	appointment of separate legal counsel and the child would have a right to the appointment 
32.1 	of counsel and a guardian ad litem as provided by law, and that counsel will be appointed 
32.2 	at public expense if they are unable to afford counsel; and
32.3 	(5) the timelines and procedures for review of voluntary placements under section 
32.4 	260C.212, subdivision 3, and the effect the time spent in voluntary placement on the 
32.5 	scheduling of a permanent placement determination hearing under sections 260C.503 to 
32.6 	260C.521.
32.7 		Subd. 4.Medical examinations. (d) When an agency accepts a child for placement, the 
32.8 	agency shall determine whether the child has had a physical examination by or under the 
32.9 	direction of a licensed physician within the 12 months immediately preceding the date when 
32.10 	the child came into the agency's care. If there is documentation that the child has had an 
32.11 	examination within the last 12 months, the agency is responsible for seeing that the child 
32.12 	has another physical examination within one year of the documented examination and 
32.13 	annually in subsequent years. If the agency determines that the child has not had a physical 
32.14 	examination within the 12 months immediately preceding placement, the agency shall ensure 
32.15 	that the child has an examination within 30 days of coming into the agency's care and once 
32.16 	a year in subsequent years.
32.17 		Subd. 5.Children reaching age of majority; copies of records. (e) Whether under 
32.18 	state guardianship or not, if a child leaves foster care by reason of having attained the age 
32.19 	of majority under state law, the child must be given at no cost a copy of the child's social 
32.20 	and medical history, as defined in section 259.43, and education report.
32.21 		Subd. 6.Initial foster care phone call. (a) When a child enters foster care or moves to 
32.22 	a new foster care placement, the responsible social services agency should attempt to 
32.23 	coordinate a phone call between the foster parent or facility and the child's parent or legal 
32.24 	guardian to establish a connection and encourage ongoing information sharing between the 
32.25 	child's parent or legal guardian and the foster parent or facility; and to provide an opportunity 
32.26 	to share any information regarding the child, the child's needs, or the child's care that would 
32.27 	facilitate the child's adjustment to the foster home, promote stability, reduce the risk of 
32.28 	trauma, or otherwise improve the quality of the child's care.
32.29 	(b) The responsible social services agency should attempt to coordinate the phone call 
32.30 	in paragraph (a) as soon as practicable after the child arrives at the placement but no later 
32.31 	than 72 hours after the child's placement. If the responsible social services agency determines 
32.32 	that the phone call is not in the child's best interests, or if the agency is unable to identify, 
32.33 	locate, or contact the child's parent or legal guardian despite reasonable efforts, or despite 
32.34 	active efforts if the child is an American Indian child, the agency may delay the phone call 
33.1 	until up to 48 hours after the agency determines that the phone call is in the child's best 
33.2 	interests, or up to 48 hours after the child's parent or legal guardian is located or becomes 
33.3 	available for the phone call. The responsible social services agency is not required to attempt 
33.4 	to coordinate the phone call if placing the phone call poses a danger to the mental or physical 
33.5 	health of the child or foster parent.
33.6 	(c) The responsible social services agency shall document the date and time of the phone 
33.7 	call in paragraph (a), its efforts to coordinate the phone call, its efforts to identify, locate, 
33.8 	or find availability for the child's parent or legal guardian, any determination of whether 
33.9 	the phone call is in the child's best interests, and any reasons that the phone call did not 
33.10 	occur, including any danger to the child's or foster parent's mental or physical health.
33.11 		Subd. 7.Prenatal alcohol exposure screening. (a) The responsible social services 
33.12 	agency shall coordinate a prenatal alcohol exposure screening for any child who enters 
33.13 	foster care as soon as practicable but no later than 45 days after the removal of the child 
33.14 	from the child's home, if the agency has determined that the child has not previously been 
33.15 	screened or identified as prenatally exposed to alcohol.
33.16 	(b) The responsible social services agency shall ensure that the screening is conducted 
33.17 	in accordance with:
33.18 	(1) existing prenatal alcohol exposure screening best practice guidelines; and
33.19 	(2) the criteria developed and provided to the responsible social services agency by the 
33.20 	statewide organization that focuses solely on prevention and intervention with fetal alcohol 
33.21 	spectrum disorder and that receives funding under the appropriation for fetal alcohol spectrum 
33.22 	disorder in Laws 2007, chapter 147, article 19, section 4, subdivision 2.

33.23 	EFFECTIVE DATE. This section is effective for children who enter foster care on or 
33.24 	after August 1, 2020, except subdivision 6 is effective for children entering out-of-home 
33.25 	placement or moving between placements on or after November 1, 2020.

33.26 	Sec. 18. Minnesota Statutes 2018, section 524.5-118, is amended to read:
33.27 	524.5-118 BACKGROUND STUDY.
33.28 		Subdivision 1.When required; exception. (a) The court shall require a background 
33.29 	study under this section:
33.30 	(1) before the appointment of a guardian or conservator, unless a background study has 
33.31 	been done on the person under this section within the previous two five years; and
34.1 	(2) once every two five years after the appointment, if the person continues to serve as 
34.2 	a guardian or conservator.
34.3 	(b) The background study must include:
34.4 	(1) criminal history data from the Bureau of Criminal Apprehension, other criminal 
34.5 	history data held by the commissioner of human services, and data regarding whether the 
34.6 	person has been a perpetrator of substantiated maltreatment of a vulnerable adult or minor;
34.7 	(2) criminal history data from the National Criminal Records Repository if the proposed 
34.8 	guardian or conservator has not resided in Minnesota for the previous ten years or if the 
34.9 	Bureau of Criminal Apprehension information received from the commissioner of human 
34.10 	services under subdivision 2, paragraph (b), indicates that the subject is a multistate offender 
34.11 	or that the individual's multistate offender status is undetermined a national criminal history 
34.12 	record check as defined in section 245C.02, subdivision 13c; and
34.13 	(3) state licensing agency data if a search of the database or databases of the agencies 
34.14 	listed in subdivision 2a shows that the proposed guardian or conservator has ever held a 
34.15 	professional license directly related to the responsibilities of a professional fiduciary from 
34.16 	an agency listed in subdivision 2a that was conditioned, suspended, revoked, or canceled.
34.17 	(c) If the guardian or conservator is not an individual, the background study must be 
34.18 	done on all individuals currently employed by the proposed guardian or conservator who 
34.19 	will be responsible for exercising powers and duties under the guardianship or 
34.20 	conservatorship.
34.21 	(d) If the court determines that it would be in the best interests of the ward or protected 
34.22 	person to appoint a guardian or conservator before the background study can be completed, 
34.23 	the court may make the appointment pending the results of the study, however, the 
34.24 	background study must then be completed as soon as reasonably possible after appointment, 
34.25 	no later than 30 days after appointment.
34.26 	(e) The fee for background studies conducted under this section is specified in section 
34.27 	245C.10, subdivision 14. The fee for conducting a background study for appointment of a 
34.28 	professional guardian or conservator must be paid by the guardian or conservator. In other 
34.29 	cases, the fee must be paid as follows:
34.30 	(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes of 
34.31 	section 524.5-502, paragraph (a);
34.32 	(2) if there is an estate of the ward or protected person, the fee must be paid from the 
34.33 	estate; or
35.1 	(3) in the case of a guardianship or conservatorship of the person that is not proceeding 
35.2 	in forma pauperis, the court may order that the fee be paid by the guardian or conservator 
35.3 	or by the court.
35.4 	(f) The requirements of this subdivision do not apply if the guardian or conservator is:
35.5 	(1) a state agency or county;
35.6 	(2) a parent or guardian of a proposed ward or protected person who has a developmental 
35.7 	disability, if the parent or guardian has raised the proposed ward or protected person in the 
35.8 	family home until the time the petition is filed, unless counsel appointed for the proposed 
35.9 	ward or protected person under section 524.5-205, paragraph (d); 524.5-304, paragraph (b); 
35.10 	524.5-405, paragraph (a); or 524.5-406, paragraph (b), recommends a background study; 
35.11 	or
35.12 	(3) a bank with trust powers, bank and trust company, or trust company, organized under 
35.13 	the laws of any state or of the United States and which is regulated by the commissioner of 
35.14 	commerce or a federal regulator.
35.15 		Subd. 2.Procedure; criminal history and maltreatment records background 
35.16 	check. (a) The court shall request the commissioner of human services to complete a 
35.17 	background study under section 245C.32. The request must be accompanied by the applicable 
35.18 	fee and the signed consent of the subject of the study authorizing the release of the data 
35.19 	obtained to the court. If the court is requesting a search of the National Criminal Records 
35.20 	Repository, the request must be accompanied byacknowledgment that the study subject 
35.21 	received a privacy notice required under subdivision 3. The commissioner of human services 
35.22 	shall conduct a national criminal history record check. The study subject shall submit a set 
35.23 	of classifiable fingerprints of the subject of the study. The fingerprints must be recorded on 
35.24 	a fingerprint card provided by the commissioner of human services.
35.25 	(b) The commissioner of human services shall provide the court with criminal history 
35.26 	data as defined in section 13.87 from the Bureau of Criminal Apprehension in the Department 
35.27 	of Public Safety, other criminal history data held by the commissioner of human services, 
35.28 	and data regarding substantiated maltreatment of vulnerable adults under section 626.557 
35.29 	and substantiated maltreatment of minors under section 626.556, and criminal history 
35.30 	information from other states or jurisdictions as indicated from a national criminal history 
35.31 	record check within 15 20 working days of receipt of a request. If the subject of the study 
35.32 	has been the perpetrator of substantiated maltreatment of a vulnerable adult or minor, the 
35.33 	response must include a copy of the public portion of the investigation memorandum under 
35.34 	section 626.557, subdivision 12b, or the public portion of the investigation memorandum 
36.1 	under section 626.556, subdivision 10f. If the court did not request a search of the National 
36.2 	Criminal Records Repository and information from the Bureau of Criminal Apprehension 
36.3 	indicates that the subject is a multistate offender or that multistate offender status is 
36.4 	undetermined, the response must include this information. The commissioner shall provide 
36.5 	the court with information from the National Criminal Records Repository within three 
36.6 	working days of the commissioner's receipt of the data The commissioner shall provide the 
36.7 	court with information from a review of information according to subdivision 2a if the study 
36.8 	subject provided information indicating current or prior affiliation with a state licensing 
36.9 	agency.
36.10 	(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f, if 
36.11 	the commissioner of human services or a county lead agency or lead investigative agency 
36.12 	has information that a person on whom a background study was previously done under this 
36.13 	section has been determined to be a perpetrator of maltreatment of a vulnerable adult or 
36.14 	minor, the commissioner or the county may provide this information to the court that 
36.15 	requested the background study. The commissioner may also provide the court with additional 
36.16 	criminal history or substantiated maltreatment information that becomes available after the 
36.17 	background study is done.
36.18 		Subd. 2a.Procedure; state licensing agency data. (a) The court shall request the 
36.19 	commissioner of human services to provide the court within 25 working days of receipt of 
36.20 	the request with licensing agency data for licenses directly related to the responsibilities of 
36.21 	a professional fiduciary if the study subject indicates current or prior affiliation from the 
36.22 	following agencies in Minnesota:
36.23 	(1) Lawyers Responsibility Board;
36.24 	(2) State Board of Accountancy;
36.25 	(3) Board of Social Work;
36.26 	(4) Board of Psychology;
36.27 	(5) Board of Nursing;
36.28 	(6) Board of Medical Practice;
36.29 	(7) Department of Education;
36.30 	(8) Department of Commerce;
36.31 	(9) Board of Chiropractic Examiners;
36.32 	(10) Board of Dentistry;
37.1 	(11) Board of Marriage and Family Therapy;
37.2 	(12) Department of Human Services; and
37.3 	(13) Peace Officer Standards and Training (POST) Board.; and
37.4 	(14) Professional Educator Licensing and Standards Board.
37.5 	(b) The commissioner shall enter into agreements with these agencies to provide for the 
37.6 	commissioner with electronic access to the relevant licensing data by the commissioner, 
37.7 	and to provide the commissioner with a quarterly list of new sanctions issued by the agency.
37.8 	(c) The commissioner shall provide to the court the electronically available data 
37.9 	maintained in the agency's database, including whether the proposed guardian or conservator 
37.10 	is or has been licensed by the agency, and if the licensing agency database indicates a 
37.11 	disciplinary action or a sanction against the individual's license, including a condition, 
37.12 	suspension, revocation, or cancellation.
37.13 	(d) If the proposed guardian or conservator has resided in a state other than Minnesota 
37.14 	in the previous ten years, licensing agency data under this section shall also include the 
37.15 	licensing agency data from any other state where the proposed guardian or conservator 
37.16 	reported to have resided during the previous ten years if the study subject indicates current 
37.17 	or prior affiliation. If the proposed guardian or conservator has or has had a professional 
37.18 	license in another state that is directly related to the responsibilities of a professional fiduciary 
37.19 	from one of the agencies listed under paragraph (a), state licensing agency data shall also 
37.20 	include data from the relevant licensing agency of that state.
37.21 	(e) The commissioner is not required to repeat a search for Minnesota or out-of-state 
37.22 	licensing data on an individual if the commissioner has provided this information to the 
37.23 	court within the prior two five years.
37.24 	(f) If an individual has continuously resided in Minnesota since a previous background 
37.25 	study under this section was completed, the commissioner is not required to repeat a search 
37.26 	for records in another state. The commissioner shall review the information in paragraph 
37.27 	(c) at least once every four months to determine if an individual who has been studied within 
37.28 	the previous five years:
37.29 	(1) has new disciplinary action or sanction against the individual's license; or
37.30 	(2) did not disclose a prior or current affiliation with a Minnesota licensing agency.
37.31 	(g) If the commissioner's review in paragraph (f) identifies new information, the 
37.32 	commissioner shall provide any new information to the court.
38.1 		Subd. 3.Form Forms and systems. The court must provide the study subject with a 
38.2 	privacy notice that complies with section 245C.05, subdivision 2c. The commissioner of 
38.3 	human services shall develop a form to be used for requesting use the NETStudy 2.0 system 
38.4 	to conduct a background study under this section, which must include:.
38.5 	(1) a notification to the subject of the study that the court will request the commissioner 
38.6 	to perform a background study under this section;
38.7 	(2) a notification to the subject of the rights in subdivision 4; and
38.8 	(3) a signed consent to conduct the background study.
38.9 		Subd. 4.Rights. The court shall notify the subject of a background study that the subject 
38.10 	has the following rights:
38.11 	(1) the right to be informed that the court will request a background study on the subject 
38.12 	for the purpose of determining whether the person's appointment or continued appointment 
38.13 	is in the best interests of the ward or protected person;
38.14 	(2) the right to be informed of the results of the study and to obtain from the court a 
38.15 	copy of the results; and
38.16 	(3) the right to challenge the accuracy and completeness of information contained in the 
38.17 	results under section 13.04, subdivision 4, except to the extent precluded by section 256.045, 
38.18 	subdivision 3.

38.19 	EFFECTIVE DATE. This section is effective January 1, 2021.

38.20 	Sec. 19. Laws 2016, chapter 189, article 15, section 29, is amended to read:
38.21 	Sec. 29. DIRECTION TO COMMISSIONERS; INCOME AND ASSET EXCLUSION.
 38.22 	(a) The commissioner of human services shall not count payments made to families by 
38.23 	the income and child development in the first three years of life demonstration project as 
38.24 	income or assets for purposes of determining or redetermining eligibility for child care 
38.25 	assistance programs under Minnesota Statutes, chapter 119B; the Minnesota family 
38.26 	investment program, work benefit program, or diversionary work program under Minnesota 
38.27 	Statutes, chapter 256J, during the duration of the demonstration.
38.28 	(b) The commissioner of human services shall not count payments made to families by 
38.29 	the income and child development in the first three years of life demonstration project as 
38.30 	income for purposes of determining or redetermining eligibility for medical assistance under 
39.1 	Minnesota Statutes, chapter 256B, and MinnesotaCare under Minnesota Statutes, chapter 
39.2 	256L.
39.3 	(c) For the purposes of this section, "income and child development in the first three 
39.4 	years of life demonstration project" means a demonstration project funded by the United 
39.5 	States Department of Health and Human Services National Institutes of Health to evaluate 
39.6 	whether the unconditional cash payments have a causal effect on the cognitive, 
39.7 	socioemotional, and brain development of infants and toddlers.
39.8 	(d) This section shall only be implemented if Minnesota is chosen as a site for the child 
39.9 	development in the first three years of life demonstration project, and expires January 1, 
39.10 	2022 2026.
39.11 	(e) The commissioner of human services shall provide a report to the chairs and ranking 
39.12 	minority members of the legislative committees having jurisdiction over human services 
39.13 	issues by January 1, 2023 2027, informing the legislature on the progress and outcomes of 
39.14 	the demonstration under this section.

39.15 	Sec. 20. Laws 2017, First Special Session chapter 6, article 7, section 33, subdivision 2, 
39.16 	is amended to read:
39.17 		Subd. 2.Pilot design and goals. The pilot will establish five key developmental milestone 
39.18 	markers from birth to age eight. Enrollees in the Pilot program participants will be 
39.19 	developmentally assessed and tracked by a technology solution that tracks developmental 
39.20 	milestones along the established developmental continuum. If a child's pilot program 
39.21 	participant's progress falls below established milestones and the weighted scoring, the 
39.22 	coordinated service system will focus on identified areas of concern, mobilize appropriate 
39.23 	supportive services, and offer referrals or services to identified children and their families
39.24 	pilot program participants.

39.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

39.26 	Sec. 21. Laws 2017, First Special Session chapter 6, article 7, section 33, subdivision 3, 
39.27 	is amended to read:
39.28 		Subd. 3.Program participants in phase 1 target population. Pilot program participants 
39.29 	must opt in and provide parental or guardian consent to participate and be enrolled or engaged 
39.30 	in one or more of the following:
39.31 	(1) be enrolled in a Women's Infant & Children (WIC) program;
40.1 	(2) be participating in a family home visiting program, or nurse family practice, or 
40.2 	Healthy Families America (HFA) Follow Along Program;
40.3 	(3) be children and families qualifying for and participating in early language learners 
40.4 	(ELL) in the school district in which they reside; and a school's early childhood screening; 
40.5 	or
40.6 	(4) opt in and provide parental consent to participate in the pilot project any other Dakota 
40.7 	County or school program that is determined as useful for identifying children at risk of 
40.8 	falling below established guidelines.

40.9 	EFFECTIVE DATE. This section is effective the day following final enactment.

40.10 	Sec. 22. DIRECTION TO COMMISSIONER; INITIAL FOSTER CARE PHONE 
40.11 	CALL TRAINING.
 40.12 	By August 1, 2020, the commissioner of human services shall issue written guidance to 
40.13 	county social services agencies, foster parents, and facilities to fully implement the initial 
40.14 	foster care phone call procedures in Minnesota Statutes, section 260C.219,  subdivision 6.

40.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

40.16 	Sec. 23. DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES; 
40.17 	UNIFORM FAMILY CHILD CARE VARIANCE APPLICATION FORM 
40.18 	DEVELOPED BY THE COMMISSIONER.
 40.19 	By October 1, 2020, the commissioner of human services, after consultation with county 
40.20 	licensors and family child care providers, including those serving on the Family Child Care 
40.21 	Task Force, shall issue to counties a uniform application form for family child care variance 
40.22 	requests. The commissioner shall also issue any necessary training or guidance for counties 
40.23 	to use the form.

40.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

40.25 	Sec. 24. DIRECTION TO THE COMMISSIONER; EVALUATION OF 
40.26 	CONTINUOUS LICENSES.
 40.27 	By January 1, 2021, the commissioner of human services shall consult with family child 
40.28 	care license holders and county agencies to determine whether family child care licenses 
40.29 	should automatically renew instead of requiring license holders to reapply for licensure. If 
40.30 	the commissioner determines that family child care licenses should automatically renew, 
41.1 	the commissioner must propose legislation for the 2021 legislative session to make the 
41.2 	required amendments to statute and administrative rules, as necessary.

41.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

41.4 	ARTICLE 2
41.5 	COMMUNITY SUPPORTS ADMINISTRATION

41.6 	Section 1. Minnesota Statutes 2019 Supplement, section 245.735, subdivision 3, is amended 
41.7 	to read:
41.8 		Subd. 3.Certified community behavioral health clinics. (a) The commissioner shall 
41.9 	establish a state certification process for certified community behavioral health clinics 
41.10 	(CCBHCs). Entities that choose to be CCBHCs must:
41.11 	(1) comply with the CCBHC criteria published by the United States Department of 
41.12 	Health and Human Services;
41.13 	(2) employ or contract for clinic staff who have backgrounds in diverse disciplines, 
41.14 	including licensed mental health professionals and licensed alcohol and drug counselors, 
41.15 	and staff who are culturally and linguistically trained to meet the needs of the population 
41.16 	the clinic serves;
41.17 	(3) ensure that clinic services are available and accessible to individuals and families of 
41.18 	all ages and genders and that crisis management services are available 24 hours per day;
41.19 	(4) establish fees for clinic services for individuals who are not enrolled in medical 
41.20 	assistance using a sliding fee scale that ensures that services to patients are not denied or 
41.21 	limited due to an individual's inability to pay for services;
41.22 	(5) comply with quality assurance reporting requirements and other reporting 
41.23 	requirements, including any required reporting of encounter data, clinical outcomes data, 
41.24 	and quality data;
41.25 	(6) provide crisis mental health and substance use services, withdrawal management 
41.26 	services, emergency crisis intervention services, and stabilization services; screening, 
41.27 	assessment, and diagnosis services, including risk assessments and level of care 
41.28 	determinations; person- and family-centered treatment planning; outpatient mental health 
41.29 	and substance use services; targeted case management; psychiatric rehabilitation services; 
41.30 	peer support and counselor services and family support services; and intensive 
41.31 	community-based mental health services, including mental health services for members of 
41.32 	the armed forces and veterans;
42.1 	(7) provide coordination of care across settings and providers to ensure seamless 
42.2 	transitions for individuals being served across the full spectrum of health services, including 
42.3 	acute, chronic, and behavioral needs. Care coordination may be accomplished through 
42.4 	partnerships or formal contracts with:
42.5 	(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified 
42.6 	health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or 
42.7 	community-based mental health providers; and
42.8 	(ii) other community services, supports, and providers, including schools, child welfare 
42.9 	agencies, juvenile and criminal justice agencies, Indian health services clinics, tribally 
42.10 	licensed health care and mental health facilities, urban Indian health clinics, Department of 
42.11 	Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals, 
42.12 	and hospital outpatient clinics;
42.13 	(8) be certified as mental health clinics under section 245.69, subdivision 2;
42.14 	(9) comply with standards relating to mental health services in Minnesota Rules, parts 
42.15 	9505.0370 to 9505.0372, and section 256B.0671;
42.16 	(10) be licensed to provide substance use disorder treatment under chapter 245G;
42.17 	(11) be certified to provide children's therapeutic services and supports under section 
42.18 	256B.0943;
42.19 	(12) be certified to provide adult rehabilitative mental health services under section 
42.20 	256B.0623;
42.21 	(13) be enrolled to provide mental health crisis response services under sections 
42.22 	256B.0624 and 256B.0944;
42.23 	(14) be enrolled to provide mental health targeted case management under section 
42.24 	256B.0625, subdivision 20;
42.25 	(15) comply with standards relating to mental health case management in Minnesota 
42.26 	Rules, parts 9520.0900 to 9520.0926;
42.27 	(16) provide services that comply with the evidence-based practices described in 
42.28 	paragraph (e); and
42.29 	(17) comply with standards relating to peer services under sections 256B.0615, 
42.30 	256B.0616, and 245G.07, subdivision 1, paragraph (a), clause (5), as applicable when peer 
42.31 	services are provided.
43.1 	(b) If an entity is unable to provide one or more of the services listed in paragraph (a), 
43.2 	clauses (6) to (17), the commissioner may certify the entity as a CCBHC, if the entity has 
43.3 	a current contract with another entity that has the required authority to provide that service 
43.4 	and that meets federal CCBHC criteria as a designated collaborating organization, or, to 
43.5 	the extent allowed by the federal CCBHC criteria, the commissioner may approve a referral 
43.6 	arrangement. The CCBHC must meet federal requirements regarding the type and scope of 
43.7 	services to be provided directly by the CCBHC.
43.8 	(c) Notwithstanding any other law that requires a county contract or other form of county 
43.9 	approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise meets 
43.10 	CCBHC requirements may receive the prospective payment under section 256B.0625, 
43.11 	subdivision 5m, for those services without a county contract or county approval. There is 
43.12 	no county share when medical assistance pays the CCBHC prospective payment. As part 
43.13 	of the certification process in paragraph (a), the commissioner shall require a letter of support 
43.14 	from the CCBHC's host county confirming that the CCBHC and the county or counties it 
43.15 	serves have an ongoing relationship to facilitate access and continuity of care, especially 
43.16 	for individuals who are uninsured or who may go on and off medical assistance.
43.17 	(d) When the standards listed in paragraph (a) or other applicable standards conflict or 
43.18 	address similar issues in duplicative or incompatible ways, the commissioner may grant 
43.19 	variances to state requirements if the variances do not conflict with federal requirements. 
43.20 	If standards overlap, the commissioner may substitute all or a part of a licensure or 
43.21 	certification that is substantially the same as another licensure or certification. The 
43.22 	commissioner shall consult with stakeholders, as described in subdivision 4, before granting 
43.23 	variances under this provision. For the CCBHC that is certified but not approved for 
43.24 	prospective payment under section 256B.0625, subdivision 5m, the commissioner may 
43.25 	grant a variance under this paragraph if the variance does not increase the state share of 
43.26 	costs.
43.27 	(e) The commissioner shall issue a list of required evidence-based practices to be 
43.28 	delivered by CCBHCs, and may also provide a list of recommended evidence-based practices. 
43.29 	The commissioner may update the list to reflect advances in outcomes research and medical 
43.30 	services for persons living with mental illnesses or substance use disorders. The commissioner 
43.31 	shall take into consideration the adequacy of evidence to support the efficacy of the practice, 
43.32 	the quality of workforce available, and the current availability of the practice in the state. 
43.33 	At least 30 days before issuing the initial list and any revisions, the commissioner shall 
43.34 	provide stakeholders with an opportunity to comment.
44.1 	(f) The commissioner shall recertify CCBHCs at least every three years. The 
44.2 	commissioner shall establish a process for decertification and shall require corrective action, 
44.3 	medical assistance repayment, or decertification of a CCBHC that no longer meets the 
44.4 	requirements in this section or that fails to meet the standards provided by the commissioner 
44.5 	in the application and certification process.

44.6 	Sec. 2. Minnesota Statutes 2018, section 245A.11, subdivision 2a, is amended to read:
44.7 		Subd. 2a.Adult foster care and community residential setting license capacity. (a) 
44.8 	The commissioner shall issue adult foster care and community residential setting licenses 
44.9 	with a maximum licensed capacity of four beds, including nonstaff roomers and boarders, 
44.10 	except that the commissioner may issue a license with a capacity of five beds, including 
44.11 	roomers and boarders, according to paragraphs (b) to (g).
44.12 	(b) The license holder may have a maximum license capacity of five if all persons in 
44.13 	care are age 55 or over and do not have a serious and persistent mental illness or a 
44.14 	developmental disability.
44.15 	(c) The commissioner may grant variances to paragraph (b) to allow a facility with a 
44.16 	licensed capacity of up to five persons to admit an individual under the age of 55 if the 
44.17 	variance complies with section 245A.04, subdivision 9, and approval of the variance is 
44.18 	recommended by the county in which the licensed facility is located.
44.19 	(d) The commissioner may grant variances to paragraph (a) to allow the use of an 
44.20 	additional bed, up to five, for emergency crisis services for a person with serious and 
44.21 	persistent mental illness or a developmental disability, regardless of age, if the variance 
44.22 	complies with section 245A.04, subdivision 9, and approval of the variance is recommended 
44.23 	by the county in which the licensed facility is located.
44.24 	(e) The commissioner may grant a variance to paragraph (b) to allow for the use of an 
44.25 	additional bed, up to five, for respite services, as defined in section 245A.02, for persons 
44.26 	with disabilities, regardless of age, if the variance complies with sections 245A.03, 
44.27 	subdivision 7, and 245A.04, subdivision 9, and approval of the variance is recommended 
44.28 	by the county in which the licensed facility is located. Respite care may be provided under 
44.29 	the following conditions:
44.30 	(1) staffing ratios cannot be reduced below the approved level for the individuals being 
44.31 	served in the home on a permanent basis;
45.1 	(2) no more than two different individuals can be accepted for respite services in any 
45.2 	calendar month and the total respite days may not exceed 120 days per program in any 
45.3 	calendar year;
45.4 	(3) the person receiving respite services must have his or her own bedroom, which could 
45.5 	be used for alternative purposes when not used as a respite bedroom, and cannot be the 
45.6 	room of another person who lives in the facility; and
45.7 	(4) individuals living in the facility must be notified when the variance is approved. The 
45.8 	provider must give 60 days' notice in writing to the residents and their legal representatives 
45.9 	prior to accepting the first respite placement. Notice must be given to residents at least two 
45.10 	days prior to service initiation, or as soon as the license holder is able if they receive notice 
45.11 	of the need for respite less than two days prior to initiation, each time a respite client will 
45.12 	be served, unless the requirement for this notice is waived by the resident or legal guardian.
45.13 	(f) The commissioner may issue an adult foster care or community residential setting 
45.14 	license with a capacity of five adults if the fifth bed does not increase the overall statewide 
45.15 	capacity of licensed adult foster care or community residential setting beds in homes that 
45.16 	are not the primary residence of the license holder, as identified in a plan submitted to the 
45.17 	commissioner by the county, when the capacity is recommended by the county licensing 
45.18 	agency of the county in which the facility is located and if the recommendation verifies 
45.19 	that:
45.20 	(1) the facility meets the physical environment requirements in the adult foster care 
45.21 	licensing rule;
45.22 	(2) the five-bed living arrangement is specified for each resident in the resident's:
45.23 	(i) individualized plan of care;
45.24 	(ii) individual service plan under section 256B.092, subdivision 1b, if required; or
45.25 	(iii) individual resident placement agreement under Minnesota Rules, part 9555.5105, 
45.26 	subpart 19, if required;
45.27 	(3) the license holder obtains written and signed informed consent from each resident 
45.28 	or resident's legal representative documenting the resident's informed choice to remain 
45.29 	living in the home and that the resident's refusal to consent would not have resulted in 
45.30 	service termination; and
45.31 	(4) the facility was licensed for adult foster care before March 1, 2011 2016.
46.1 	(g) The commissioner shall not issue a new adult foster care license under paragraph (f) 
46.2 	after June 30December 31, 2019 2020. The commissioner shall allow a facility with an 
46.3 	adult foster care license issued under paragraph (f) before June 30December 31, 2019 2020, 
46.4 	to continue with a capacity of five adults if the license holder continues to comply with the 
46.5 	requirements in paragraph (f).

46.6 	Sec. 3. Minnesota Statutes 2018, section 245D.02, is amended by adding a subdivision to 
46.7 	read:
46.8 		Subd. 32a.Sexual violence. "Sexual violence" means the use of sexual actions or words 
46.9 	that are unwanted or harmful to another person.

46.10 	Sec. 4. Minnesota Statutes 2018, section 245D.071, subdivision 3, is amended to read:
46.11 		Subd. 3.Assessment and initial service planning. (a) Within 15 days of service initiation 
46.12 	the license holder must complete a preliminary coordinated service and support plan 
46.13 	addendum based on the coordinated service and support plan.
46.14 	(b) Within the scope of services, the license holder must, at a minimum, complete 
46.15 	assessments in the following areas before the 45-day planning meeting:
46.16 	(1) the person's ability to self-manage health and medical needs to maintain or improve 
46.17 	physical, mental, and emotional well-being, including, when applicable, allergies, seizures, 
46.18 	choking, special dietary needs, chronic medical conditions, self-administration of medication 
46.19 	or treatment orders, preventative screening, and medical and dental appointments;
46.20 	(2) the person's ability to self-manage personal safety to avoid injury or accident in the 
46.21 	service setting, including, when applicable, risk of falling, mobility, regulating water 
46.22 	temperature, community survival skills, water safety skills, and sensory disabilities; and
46.23 	(3) the person's ability to self-manage symptoms or behavior that may otherwise result 
46.24 	in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7), suspension 
46.25 	or termination of services by the license holder, or other symptoms or behaviors that may 
46.26 	jeopardize the health and welfare of the person or others.
46.27 	Assessments must produce information about the person that describes the person's overall 
46.28 	strengths, functional skills and abilities, and behaviors or symptoms. Assessments must be 
46.29 	based on the person's status within the last 12 months at the time of service initiation. 
46.30 	Assessments based on older information must be documented and justified. Assessments 
46.31 	must be conducted annually at a minimum or within 30 days of a written request from the 
47.1 	person or the person's legal representative or case manager. The results must be reviewed 
47.2 	by the support team or expanded support team as part of a service plan review.
47.3 	(c) Within Before providing 45 days of service initiation or within 60 calendar days of 
47.4 	service initiation, whichever is shorter, the license holder must meet with the person, the 
47.5 	person's legal representative, the case manager, and other members of the support team or 
47.6 	expanded support team, and other people as identified by the person or the person's legal 
47.7 	representative to determine the following based on information obtained from the assessments 
47.8 	identified in paragraph (b), the person's identified needs in the coordinated service and 
47.9 	support plan, and the requirements in subdivision 4 and section 245D.07, subdivision 1a:
47.10 	(1) the scope of the services to be provided to support the person's daily needs and 
47.11 	activities;
47.12 	(2) the person's desired outcomes and the supports necessary to accomplish the person's 
47.13 	desired outcomes;
47.14 	(3) the person's preferences for how services and supports are provided, including how 
47.15 	the provider will support the person to have control of the person's schedule;
47.16 	(4) whether the current service setting is the most integrated setting available and 
47.17 	appropriate for the person; and
47.18 	(5) opportunities to develop and maintain essential and life-enriching skills, abilities, 
47.19 	strengths, interests, and preferences;
47.20 	(6) opportunities for community access, participation, and inclusion in preferred 
47.21 	community activities;
47.22 	(7) opportunities to develop and strengthen personal relationships with other persons of 
47.23 	the person's choice in the community;
47.24 	(8) opportunities to seek competitive employment and work at competitively paying 
47.25 	jobs in the community; and
47.26 	(5) (9) how services must be coordinated across other providers licensed under this 
47.27 	chapter serving the person and members of the support team or expanded support team to 
47.28 	ensure continuity of care and coordination of services for the person.
47.29 	(d) A discussion of how technology might be used to meet the person's desired outcomes 
47.30 	must be included in the 45-day planning meeting. The coordinated service and support plan 
47.31 	or support plan addendum must include a summary of this discussion. The summary must 
47.32 	include a statement regarding any decision that is made regarding the use of technology 
48.1 	and a description of any further research that needs to be completed before a decision 
48.2 	regarding the use of technology can be made. Nothing in this paragraph requires that the 
48.3 	coordinated service and support plan include the use of technology for the provision of 
48.4 	services.

48.5 	Sec. 5. Minnesota Statutes 2018, section 245D.081, subdivision 2, is amended to read:
48.6 		Subd. 2.Coordination and evaluation of individual service delivery. (a) Delivery 
48.7 	and evaluation of services provided by the license holder must be coordinated by a designated 
48.8 	staff person. Except as provided in clause (3), the designated coordinator must provide 
48.9 	supervision, support, and evaluation of activities that include:
48.10 	(1) oversight of the license holder's responsibilities assigned in the person's coordinated 
48.11 	service and support plan and the coordinated service and support plan addendum;
48.12 	(2) taking the action necessary to facilitate the accomplishment of the outcomes according 
48.13 	to the requirements in section 245D.07;
48.14 	(3) instruction and assistance to direct support staff implementing the coordinated service 
48.15 	and support plan and the service outcomes, including direct observation of service delivery 
48.16 	sufficient to assess staff competency. The designated coordinator may delegate the direct 
48.17 	observation and competency assessment of the service delivery activities of direct support 
48.18 	staff to an individual whom the designated coordinator has previously deemed competent 
48.19 	in those activities; and
48.20 	(4) evaluation of the effectiveness of service delivery, methodologies, and progress on 
48.21 	the person's outcomes based on the measurable and observable criteria for identifying when 
48.22 	the desired outcome has been achieved according to the requirements in section 245D.07.
48.23 	(b) The license holder must ensure that the designated coordinator is competent to 
48.24 	perform the required duties identified in paragraph (a) through education, training, and work 
48.25 	experience relevant to the primary disability of persons served by the license holder and 
48.26 	the individual persons for whom the designated coordinator is responsible. The designated 
48.27 	coordinator must have the skills and ability necessary to develop effective plans and to 
48.28 	design and use data systems to measure effectiveness of services and supports. The license 
48.29 	holder must verify and document competence according to the requirements in section 
48.30 	245D.09, subdivision 3. The designated coordinator must minimally have:
48.31 	(1) a baccalaureate degree in a field related to human services, and one year of full-time 
48.32 	work experience providing direct care services to persons with disabilities or persons age 
48.33 	65 and older;
49.1 	(2) an associate degree in a field related to human services, and two years of full-time 
49.2 	work experience providing direct care services to persons with disabilities or persons age 
49.3 	65 and older;
49.4 	(3) a diploma in a field related to human services from an accredited postsecondary 
49.5 	institution and three years of full-time work experience providing direct care services to 
49.6 	persons with disabilities or persons age 65 and older; or
49.7 	(4) a minimum of 50 hours of education and training related to human services and 
49.8 	disabilities; and
49.9 	(5) four years of full-time work experience providing direct care services to persons 
49.10 	with disabilities or persons age 65 and older under the supervision of a staff person who 
49.11 	meets the qualifications identified in clauses (1) to (3).

49.12 	Sec. 6. Minnesota Statutes 2018, section 245D.09, subdivision 4, is amended to read:
49.13 		Subd. 4.Orientation to program requirements.  Except for a license holder who does 
49.14 	not supervise any direct support staff, within 60 calendar days of hire, unless stated otherwise, 
49.15 	the license holder must provide and ensure completion of orientation sufficient to create 
49.16 	staff competency for direct support staff that combines supervised on-the-job training with 
49.17 	review of and instruction in the following areas:
49.18 	(1) the job description and how to complete specific job functions, including:
49.19 	(i) responding to and reporting incidents as required under section 245D.06, subdivision 
49.20 	1; and
49.21 	(ii) following safety practices established by the license holder and as required in section 
49.22 	245D.06, subdivision 2;
49.23 	(2) the license holder's current policies and procedures required under this chapter, 
49.24 	including their location and access, and staff responsibilities related to implementation of 
49.25 	those policies and procedures;
49.26 	(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal 
49.27 	Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff 
49.28 	responsibilities related to complying with data privacy practices;
49.29 	(4) the service recipient rights and staff responsibilities related to ensuring the exercise 
49.30 	and protection of those rights according to the requirements in section 245D.04;
49.31 	(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment reporting 
49.32 	and service planning for children and vulnerable adults, and staff responsibilities related to 
50.1 	protecting persons from maltreatment and reporting maltreatment. This orientation must be 
50.2 	provided within 72 hours of first providing direct contact services and annually thereafter 
50.3 	according to section 245A.65, subdivision 3;
50.4 	(6) the principles of person-centered service planning and delivery as identified in section 
50.5 	245D.07, subdivision 1a, and how they apply to direct support service provided by the staff 
50.6 	person;
50.7 	(7) the safe and correct use of manual restraint on an emergency basis according to the 
50.8 	requirements in section 245D.061 or successor provisions, and what constitutes the use of 
50.9 	restraints, time out, and seclusion, including chemical restraint;
50.10 	(8) staff responsibilities related to prohibited procedures under section 245D.06, 
50.11 	subdivision 5, or successor provisions, why such procedures are not effective for reducing 
50.12 	or eliminating symptoms or undesired behavior, and why such procedures are not safe;
50.13 	(9) basic first aid; and
50.14 	(10) strategies to minimize the risk of sexual violence, including concepts of healthy 
50.15 	relationships, consent, and bodily autonomy of people with disabilities; and
50.16 	(11) other topics as determined necessary in the person's coordinated service and support 
50.17 	plan by the case manager or other areas identified by the license holder.

50.18 	Sec. 7. Minnesota Statutes 2018, section 245D.09, subdivision 4a, is amended to read:
50.19 		Subd. 4a.Orientation to individual service recipient needs. (a) Before having 
50.20 	unsupervised direct contact with a person served by the program, or for whom the staff 
50.21 	person has not previously provided direct support, or any time the plans or procedures 
50.22 	identified in paragraphs (b) to (f) are revised, the staff person must review and receive 
50.23 	instruction on the requirements in paragraphs (b) to (f) as they relate to the staff person's 
50.24 	job functions for that person.
50.25 	(b) For community residential services, training and competency evaluations must include 
50.26 	the following, if identified in the coordinated service and support plan:
50.27 	(1) appropriate and safe techniques in personal hygiene and grooming, including hair 
50.28 	care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of daily 
50.29 	living (ADLs) as defined under section 256B.0659, subdivision 1;
50.30 	(2) an understanding of what constitutes a healthy diet according to data from the Centers 
50.31 	for Disease Control and Prevention and the skills necessary to prepare that diet; and
51.1 	(3) skills necessary to provide appropriate support in instrumental activities of daily 
51.2 	living (IADLs) as defined under section 256B.0659, subdivision 1.
51.3 	(c) The staff person must review and receive instruction on the person's coordinated 
51.4 	service and support plan or coordinated service and support plan addendum as it relates to 
51.5 	the responsibilities assigned to the license holder, and when applicable, the person's individual 
51.6 	abuse prevention plan, to achieve and demonstrate an understanding of the person as a 
51.7 	unique individual, and how to implement those plans.
51.8 	(d) The staff person must review and receive instruction on medication setup, assistance, 
51.9 	or administration procedures established for the person when assigned to the license holder 
51.10 	according to section 245D.05, subdivision 1, paragraph (b). Unlicensed staff may perform 
51.11 	medication setup or medication administration only after successful completion of a 
51.12 	medication setup or medication administration training, from a training curriculum developed 
51.13 	by a registered nurse or appropriate licensed health professional. The training curriculum 
51.14 	must incorporate an observed skill assessment conducted by the trainer to ensure unlicensed 
51.15 	staff demonstrate the ability to safely and correctly follow medication procedures.
51.16 	Medication administration must be taught by a registered nurse, clinical nurse specialist, 
51.17 	certified nurse practitioner, physician assistant, or physician if, at the time of service initiation 
51.18 	or any time thereafter, the person has or develops a health care condition that affects the 
51.19 	service options available to the person because the condition requires:
51.20 	(1) specialized or intensive medical or nursing supervision; and
51.21 	(2) nonmedical service providers to adapt their services to accommodate the health and 
51.22 	safety needs of the person.
51.23 	(e) The staff person must review and receive instruction on the safe and correct operation 
51.24 	of medical equipment used by the person to sustain life or to monitor a medical condition 
51.25 	that could become life-threatening without proper use of the medical equipment, including 
51.26 	but not limited to ventilators, feeding tubes, or endotracheal tubes. The training must be 
51.27 	provided by a licensed health care professional or a manufacturer's representative and 
51.28 	incorporate an observed skill assessment to ensure staff demonstrate the ability to safely 
51.29 	and correctly operate the equipment according to the treatment orders and the manufacturer's 
51.30 	instructions.
51.31 	(f) The staff person must review and receive instruction on mental health crisis response, 
51.32 	de-escalation techniques, and suicide intervention when providing direct support to a person 
51.33 	with a serious mental illness.
52.1 	(g) In the event of an emergency service initiation, the license holder must ensure the 
52.2 	training required in this subdivision occurs within 72 hours of the direct support staff person 
52.3 	first having unsupervised contact with the person receiving services. The license holder 
52.4 	must document the reason for the unplanned or emergency service initiation and maintain 
52.5 	the documentation in the person's service recipient record.
52.6 	(h) License holders who provide direct support services themselves must complete the 
52.7 	orientation required in subdivision 4, clauses (3) to (10) (11).

52.8 	Sec. 8. Minnesota Statutes 2019 Supplement, section 245D.09, subdivision 5, is amended 
52.9 	to read:
52.10 		Subd. 5.Annual training.  A license holder must provide annual training to direct support 
52.11 	staff on the topics identified in subdivision 4, clauses (3) to (10) (11). If the direct support 
52.12 	staff has a first aid certification, annual training under subdivision 4, clause (9), is not 
52.13 	required as long as the certification remains current.

52.14 	Sec. 9. [254A.21] FETAL ALCOHOL SPECTRUM DISORDERS PREVENTION 
52.15 	GRANTS.
52.16 	(a) The commissioner of human services shall award a grant to a statewide organization 
52.17 	that focuses solely on prevention of and intervention with fetal alcohol spectrum disorders. 
52.18 	The grant recipient must make subgrants to eligible regional collaboratives in rural and 
52.19 	urban areas of the state for the purposes specified in paragraph (c).
52.20 	(b) "Eligible regional collaboratives" means a partnership between at least one local 
52.21 	government or tribal government and at least one community-based organization and, where 
52.22 	available, a family home visiting program. For purposes of this paragraph, a local government 
52.23 	includes a county or a multicounty organization, a county-based purchasing entity, or a 
52.24 	community health board.
52.25 	(c) Eligible regional collaboratives must use subgrant funds to reduce the incidence of 
52.26 	fetal alcohol spectrum disorders and other prenatal drug-related effects in children in 
52.27 	Minnesota by identifying and serving pregnant women suspected of or known to use or 
52.28 	abuse alcohol or other drugs. Eligible regional collaboratives must provide intensive services 
52.29 	to chemically dependent women to increase positive birth outcomes.
52.30 	(d) An eligible regional collaborative that receives a subgrant under this section must 
52.31 	report to the grant recipient by January 15 of each year on the services and programs funded 
52.32 	by the subgrant. The report must include measurable outcomes for the previous year, 
53.1 	including the number of pregnant women served and the number of toxic-free babies born. 
53.2 	The grant recipient must compile the information in the subgrant reports and submit a 
53.3 	summary report to the commissioner of human services by February 15 of each year.

53.4 	Sec. 10. Minnesota Statutes 2018, section 256.975, subdivision 12, is amended to read:
53.5 		Subd. 12.Self-directed caregiver grants. Beginning on July 1, 2019, The Minnesota 
53.6 	Board on Aging shall, in consultation with area agencies on aging and other community 
53.7 	caregiver stakeholders, administer self-directed caregiver grants to support at-risk family 
53.8 	caregivers of older adults or others eligible under the Older Americans Act of 1965, United 
53.9 	States Code, title 42, chapter 35, sections 3001 to 3058ff, to sustain family caregivers in 
53.10 	the caregivers' roles so older adults can remain at home longer. The board shall give priority 
53.11 	to consumers referred under section 256.975, subdivision 7, paragraph (d) The board shall 
53.12 	submit by January 15, 2022, and each January 15 thereafter, a progress report on the 
53.13 	self-directed caregiver grants program to the chairs and ranking minority members of the 
53.14 	senate and house of representatives committees and divisions with jurisdiction over human 
53.15 	services. The progress report must include metrics on the use of the grant program.

53.16 	Sec. 11. Minnesota Statutes 2019 Supplement, section 256B.056, subdivision 5c, is 
53.17 	amended to read:
53.18 		Subd. 5c.Excess income standard. (a) The excess income standard for parents and 
53.19 	caretaker relatives, pregnant women, infants, and children ages two through 20 is the standard 
53.20 	specified in subdivision 4, paragraph (b).
53.21 	(b) The excess income standard for a person whose eligibility is based on blindness, 
53.22 	disability, or age of 65 or more years shall equal:
53.23 	(1) 81 percent of the federal poverty guidelines; and
53.24 	(2) effective July 1, 2022, 100 percent of the federal poverty guidelines the standard 
53.25 	specified in subdivision 4, paragraph (a).

53.26 	Sec. 12. Minnesota Statutes 2019 Supplement, section 256B.0625, subdivision 5m, is 
53.27 	amended to read:
53.28 		Subd. 5m.Certified community behavioral health clinic services. (a) Medical 
53.29 	assistance covers certified community behavioral health clinic (CCBHC) services that meet 
53.30 	the requirements of section 245.735, subdivision 3.
54.1 	(b) The commissioner shall establish standards and methodologies for a prospective 
54.2 	payment system for medical assistance payments for services delivered by a CCBHC, in 
54.3 	accordance with guidance issued by the Centers for Medicare and Medicaid Services. The 
54.4 	commissioner shall include a quality bonus payment in the prospective payment system 
54.5 	based on federal criteria. There is no county share for medical assistance services when 
54.6 	reimbursed through the CCBHC prospective payment system.
54.7 	(c) To the extent allowed by federal law, the commissioner may limit the number of 
54.8 	CCBHCs for the prospective payment system in paragraph (b) to ensure that the projected 
54.9 	claims do not exceed the money appropriated for this purpose. The commissioner shall 
54.10 	apply the following priorities, in the order listed, to give preference to clinics that:
54.11 	(1) provide a comprehensive range of services and evidence-based practices for all age 
54.12 	groups, with services being fully coordinated and integrated;
54.13 	(2) are certified as CCBHCs during the federal section 223 CCBHC demonstration 
54.14 	period;
54.15 	(3) receive CCBHC grants from the United States Department of Health and Human 
54.16 	Services; or
54.17 	(4) focus on serving individuals in tribal areas and other underserved communities.
54.18 	(d) (c) Unless otherwise indicated in applicable federal requirements, the prospective 
54.19 	payment system must continue to be based on the federal instructions issued for the federal 
54.20 	section 223 CCBHC demonstration, except:
54.21 	(1) the commissioner shall rebase CCBHC rates at least every three years;
54.22 	(2) the commissioner shall provide for a 60-day appeals process of the rebasing;
54.23 	(3) the prohibition against inclusion of new facilities in the demonstration does not apply 
54.24 	after the demonstration ends;
54.25 	(4) the prospective payment rate under this section does not apply to services rendered 
54.26 	by CCBHCs to individuals who are dually eligible for Medicare and medical assistance 
54.27 	when Medicare is the primary payer for the service. An entity that receives a prospective 
54.28 	payment system rate that overlaps with the CCBHC rate is not eligible for the CCBHC rate;
54.29 	(5) payments for CCBHC services to individuals enrolled in managed care shall be 
54.30 	coordinated with the state's phase-out of CCBHC wrap payments;
54.31 	(6) initial prospective payment rates for CCBHCs certified after July 1, 2019, shall be 
54.32 	based on rates for comparable CCBHCs. If no comparable provider exists, the commissioner 
55.1 	shall compute a CCBHC-specific rate based upon the CCBHC's audited costs adjusted for 
55.2 	changes in the scope of services; and
55.3 	(7) the prospective payment rate for each CCBHC shall be adjusted annually by the 
55.4 	Medicare Economic Index as defined for the federal section 223 CCBHC demonstration.; 
55.5 	and
55.6 	(8) the commissioner shall seek federal approval for a CCBHC rate methodology that 
55.7 	allows for rate modifications based on changes in scope for an individual CCBHC, including 
55.8 	for changes to the type, intensity, or duration of services. Upon federal approval, a CCBHC 
55.9 	may submit a change of scope request to the commissioner if the change in scope would 
55.10 	result in a change of 2.5 percent or more in the prospective payment system rate currently 
55.11 	received by the CCBHC. CCBHC change of scope requests must be according to a format 
55.12 	and timeline to be determined by the commissioner in consultation with CCBHCs.
55.13 	(d) Managed care plans and county-based purchasing plans shall reimburse CCBHC 
55.14 	providers at the prospective payment rate. The commissioner shall monitor the effect of 
55.15 	this requirement on the rate of access to the services delivered by CCBHC providers. If, for 
55.16 	any contract year, federal approval is not received for this paragraph, the commissioner 
55.17 	must adjust the capitation rates paid to managed care plans and county-based purchasing 
55.18 	plans for that contract year to reflect the removal of this provision. Contracts between 
55.19 	managed care plans and county-based purchasing plans and providers to whom this paragraph 
55.20 	applies must allow recovery of payments from those providers if capitation rates are adjusted 
55.21 	in accordance with this paragraph. Payment recoveries must not exceed the amount equal 
55.22 	to any increase in rates that results from this provision. This paragraph expires if federal 
55.23 	approval is not received for this paragraph at any time.

55.24 	Sec. 13. Minnesota Statutes 2018, section 256B.0625, subdivision 56a, is amended to 
55.25 	read:
55.26 		Subd. 56a.Post-arrestOfficer-involved community-based servicecare 
55.27 	coordination. (a) Medical assistance covers post-arrestofficer-involved community-based 
55.28 	servicecare coordination for an individual who:
55.29 	(1) has been identified as havingscreened positive for benefiting from treatment for a 
55.30 	mental illness or substance use disorder using a screening tool approved by the commissioner;
55.31 	(2) does not require the security of a public detention facility and is not considered an 
55.32 	inmate of a public institution as defined in Code of Federal Regulations, title 42, section 
55.33 	435.1010;
56.1 	(3) meets the eligibility requirements in section 256B.056; and
56.2 	(4) has agreed to participate in post-arrestofficer-involved community-based service
56.3 	care coordination through a diversion contract in lieu of incarceration.
56.4 	(b) Post-arrest Officer-involved community-based servicecare coordination means 
56.5 	navigating services to address a client's mental health, chemical health, social, economic, 
56.6 	and housing needs, or any other activity targeted at reducing the incidence of jail utilization 
56.7 	and connecting individuals with existing covered services available to them, including, but 
56.8 	not limited to, targeted case management, waiver case management, or care coordination.
56.9 	(c) Post-arrestOfficer-involved community-based servicecare coordination must be 
56.10 	provided by an individual who is an employee of a county or is under contract with a county, 
56.11 	or is an employee of or under contract with an Indian health service facility or facility owned 
56.12 	and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638 
56.13 	facility to provide post-arrestofficer-involved community-based care coordination and is 
56.14 	qualified under one of the following criteria:
56.15 	(1) a licensed mental health professional as defined in section 245.462, subdivision 18, 
56.16 	clauses (1) to (6);
56.17 	(2) a mental health practitioner as defined in section 245.462, subdivision 17, working 
56.18 	under the clinical supervision of a mental health professional; or
56.19 	(3) a certified peer specialist under section 256B.0615, working under the clinical 
56.20 	supervision of a mental health professional.;
56.21 	(4) an individual qualified as an alcohol and drug counselor under section 245G.11, 
56.22 	subdivision 5; or
56.23 	(5) a recovery peer qualified under section 245G.11, subdivision 8, working under the 
56.24 	supervision of an individual qualified as an alcohol and drug counselor under section 
56.25 	245G.11, subdivision 5.
56.26 	(d) Reimbursement is allowed for up to 60 days following the initial determination of 
56.27 	eligibility.
56.28 	(e) Providers of post-arrestofficer-involved community-based servicecare coordination 
56.29 	shall annually report to the commissioner on the number of individuals served, and number 
56.30 	of the community-based services that were accessed by recipients. The commissioner shall 
56.31 	ensure that services and payments provided under post-arrestofficer-involved 
56.32 	community-based servicecare coordination do not duplicate services or payments provided 
56.33 	under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.
57.1 	(f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for 
57.2 	post-arrest officer-involved community-based service care coordination services shall be 
57.3 	provided by the county providing the services, from sources other than federal funds or 
57.4 	funds used to match other federal funds.

57.5 	Sec. 14. Minnesota Statutes 2018, section 256B.0653, subdivision 4, is amended to read:
57.6 		Subd. 4.Skilled nurse visit services. (a) Skilled nurse visit services must be provided 
57.7 	by a registered nurse or a licensed practical nurse under the supervision of a registered nurse, 
57.8 	according to the written plan of care and accepted standards of medical and nursing practice 
57.9 	according to chapter 148. Skilled nurse visit services must be ordered by a physician, 
57.10 	advanced practice registered nurse, or physician assistant and documented in a plan of care 
57.11 	that is reviewed and approved by the ordering physician, advanced practice registered nurse, 
57.12 	or physician assistant practitioner at least once every 60 days. All skilled nurse visits must 
57.13 	be medically necessary and provided in the recipient's home residence or in the community 
57.14 	where normal life activities take the recipient, except as allowed under section 256B.0625, 
57.15 	subdivision 6a.
57.16 	(b) Skilled nurse visits include face-to-face and telehomecare visits with a limit of up 
57.17 	to two visits per day per recipient. All visits must be based on assessed needs.
57.18 	(c) Telehomecare skilled nurse visits are allowed when the recipient's health status can 
57.19 	be accurately measured and assessed without a need for a face-to-face, hands-on encounter. 
57.20 	All telehomecare skilled nurse visits must have authorization and are paid at the same 
57.21 	allowable rates as face-to-face skilled nurse visits.
57.22 	(d) The provision of telehomecare must be made via live, two-way interactive audiovisual 
57.23 	technology and may be augmented by utilizing store-and-forward technologies. Individually 
57.24 	identifiable patient data obtained through real-time or store-and-forward technology must 
57.25 	be maintained as health records according to sections 144.291 to 144.298. If the video is 
57.26 	used for research, training, or other purposes unrelated to the care of the patient, the identity 
57.27 	of the patient must be concealed.
57.28 	(e) Authorization for skilled nurse visits must be completed under section 256B.0652. 
57.29 	A total of nine face-to-face skilled nurse visits per calendar year do not require authorization. 
57.30 	All telehomecare skilled nurse visits require authorization.

57.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

58.1 	Sec. 15. Minnesota Statutes 2018, section 256B.0653, subdivision 5, is amended to read:
58.2 		Subd. 5.Home care therapies. (a) Home care therapies include the following: physical 
58.3 	therapy, occupational therapy, respiratory therapy, and speech and language pathology 
58.4 	therapy services.
58.5 	(b) Home care therapies must be:
58.6 	(1) provided in the recipient's residence or in the community where normal life activities 
58.7 	take the recipient after it has been determined the recipient is unable to access outpatient 
58.8 	therapy;
58.9 	(2) prescribed, ordered, or referred by a physician, advanced practice registered nurse, 
58.10 	or physician assistant, and documented in a plan of care and reviewed, according to 
58.11 	Minnesota Rules, part 9505.0390;
58.12 	(3) assessed by an appropriate therapist; and
58.13 	(4) provided by a Medicare-certified home health agency enrolled as a Medicaid provider 
58.14 	agency.
58.15 	(c) Restorative and specialized maintenance therapies must be provided according to 
58.16 	Minnesota Rules, part 9505.0390. Physical and occupational therapy assistants may be used 
58.17 	as allowed under Minnesota Rules, part 9505.0390, subpart 1, item B.
58.18 	(d) For both physical and occupational therapies, the therapist and the therapist's assistant 
58.19 	may not both bill for services provided to a recipient on the same day.

58.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

58.21 	Sec. 16. Minnesota Statutes 2018, section 256B.0653, subdivision 7, is amended to read:
58.22 		Subd. 7.Face-to-face encounter. (a) A face-to-face encounter by a qualifying provider 
58.23 	must be completed for all home health services regardless of the need for prior authorization, 
58.24 	except when providing a onetime perinatal visit by skilled nursing. The face-to-face encounter 
58.25 	may occur through telemedicine as defined in section 256B.0625, subdivision 3b. The 
58.26 	encounter must be related to the primary reason the recipient requires home health services 
58.27 	and must occur within the 90 days before or the 30 days after the start of services. The 
58.28 	face-to-face encounter may be conducted by one of the following practitioners, licensed in 
58.29 	Minnesota:
58.30 	(1) a physician;
59.1 	(2) a nurse practitioner or clinical nurse specialist;an advanced practice registered nurse; 
59.2 	or
59.3 	(3) a certified nurse midwife; or
59.4 	(4) (3) a physician assistant.
59.5 	(b) The allowed nonphysician practitioner, as described in this subdivision, performing 
59.6 	the face-to-face encounter but who is not the ordering practitioner must communicate the 
59.7 	clinical findings of that face-to-face encounter to the ordering physicianpractitioner. Those
59.8 	The clinical findings of that face-to-face encounter must be incorporated into a written or 
59.9 	electronic document included in the recipient's medical record. To assure clinical correlation 
59.10 	between the face-to-face encounter and the associated home health services, the physician
59.11 	practitioner responsible for ordering the services must:
59.12 	(1) document that the face-to-face encounter, which is related to the primary reason the 
59.13 	recipient requires home health services, occurred within the required time period; and
59.14 	(2) indicate the practitioner who conducted the encounter and the date of the encounter.
59.15 	(c) For home health services requiring authorization, including prior authorization, home 
59.16 	health agencies must retain the qualifying documentation of a face-to-face encounter as part 
59.17 	of the recipient health service record, and submit the qualifying documentation to the 
59.18 	commissioner or the commissioner's designee upon request.

59.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

59.20 	Sec. 17. Minnesota Statutes 2018, section 256B.0654, subdivision 1, as amended by Laws 
59.21 	2020, chapter 115, article 4, section 121, is amended to read:
59.22 		Subdivision 1.Definitions. (a) "Complex home care nursing" means home care nursing 
59.23 	services provided to recipients who meet the criteria for regular home care nursing and 
59.24 	require life-sustaining interventions to reduce the risk of long-term injury or death.
59.25 	(b) "Home care nursing" means ongoing hourly nursing ordered by a physician or,
59.26 	advanced practice registered nurse, or physician assistant and services performed by a 
59.27 	registered nurse or licensed practical nurse within the scope of practice as defined by the 
59.28 	Minnesota Nurse Practice Act under sections 148.171 to 148.285, in order to maintain or 
59.29 	restore a person's health.
59.30 	(c) "Home care nursing agency" means a medical assistance enrolled provider licensed 
59.31 	under chapter 144A to provide home care nursing services.
59.32 	(d) "Regular home care nursing" means home care nursing provided because:
60.1 	(1) the recipient requires more individual and continuous care than can be provided 
60.2 	during a skilled nurse visit; or
60.3 	(2) the cares are outside of the scope of services that can be provided by a home health 
60.4 	aide or personal care assistant.
60.5 	(e) "Shared home care nursing" means the provision of home care nursing services by 
60.6 	a home care nurse to two recipients at the same time and in the same setting.

60.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

60.8 	Sec. 18. Minnesota Statutes 2018, section 256B.0654, subdivision 2a, as amended by 
60.9 	Laws 2020, chapter 115, article 4, section 122, is amended to read:
60.10 		Subd. 2a.Home care nursing services. (a) Home care nursing services must be used:
60.11 	(1) in the recipient's home or outside the home when normal life activities require;
60.12 	(2) when the recipient requires more individual and continuous care than can be provided 
60.13 	during a skilled nurse visit; and
60.14 	(3) when the care required is outside of the scope of services that can be provided by a 
60.15 	home health aide or personal care assistant.
60.16 	(b) Home care nursing services must be:
60.17 	(1) assessed by a registered nurse on a form approved by the commissioner;
60.18 	(2) ordered by a physician or, advanced practice registered nurse, or physician assistant
60.19 	and documented in a plan of care that is reviewed by the physician ordering practitioner at 
60.20 	least once every 60 days; and
60.21 	(3) authorized by the commissioner under section 256B.0652.

60.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

60.23 	Sec. 19. Minnesota Statutes 2018, section 256B.0654, subdivision 3, as amended by Laws 
60.24 	2020, chapter 115, article 4, section 123, is amended to read:
60.25 		Subd. 3.Shared home care nursing option. (a) Medical assistance payments for shared 
60.26 	home care nursing services by a home care nurse shall be limited according to this 
60.27 	subdivision. Unless otherwise provided in this subdivision, all other statutory and regulatory 
60.28 	provisions relating to home care nursing services apply to shared home care nursing services. 
60.29 	Nothing in this subdivision shall be construed to reduce the total number of home care 
60.30 	nursing hours authorized for an individual recipient.
61.1 	(b) Shared home care nursing is the provision of nursing services by a home care nurse 
61.2 	to two medical assistance eligible recipients at the same time and in the same setting. This 
61.3 	subdivision does not apply when a home care nurse is caring for multiple recipients in more 
61.4 	than one setting.
61.5 	(c) For the purposes of this subdivision, "setting" means:
61.6 	(1) the home residence or foster care home of one of the individual recipients as defined 
61.7 	in section 256B.0651;
61.8 	(2) a child care program licensed under chapter 245A or operated by a local school 
61.9 	district or private school;
61.10 	(3) an adult day care service licensed under chapter 245A; or
61.11 	(4) outside the home residence or foster care home of one of the recipients when normal 
61.12 	life activities take the recipients outside the home.
61.13 	(d) The home care nursing agency must offer the recipient the option of shared or 
61.14 	one-on-one home care nursing services. The recipient may withdraw from participating in 
61.15 	a shared service arrangement at any time.
61.16 	(e) The recipient or the recipient's legal representative, and the recipient's physician or,
61.17 	advanced practice registered nurse, or physician assistant, in conjunction with the home 
61.18 	care nursing agency, shall determine:
61.19 	(1) whether shared home care nursing care is an appropriate option based on the individual 
61.20 	needs and preferences of the recipient; and
61.21 	(2) the amount of shared home care nursing services authorized as part of the overall 
61.22 	authorization of nursing services.
61.23 	(f) The recipient or the recipient's legal representative, in conjunction with the home 
61.24 	care nursing agency, shall approve the setting, grouping, and arrangement of shared home 
61.25 	care nursing care based on the individual needs and preferences of the recipients. Decisions 
61.26 	on the selection of recipients to share services must be based on the ages of the recipients, 
61.27 	compatibility, and coordination of their care needs.
61.28 	(g) The following items must be considered by the recipient or the recipient's legal 
61.29 	representative and the home care nursing agency, and documented in the recipient's health 
61.30 	service record:
62.1 	(1) the additional training needed by the home care nurse to provide care to two recipients 
62.2 	in the same setting and to ensure that the needs of the recipients are met appropriately and 
62.3 	safely;
62.4 	(2) the setting in which the shared home care nursing care will be provided;
62.5 	(3) the ongoing monitoring and evaluation of the effectiveness and appropriateness of 
62.6 	the service and process used to make changes in service or setting;
62.7 	(4) a contingency plan which accounts for absence of the recipient in a shared home 
62.8 	care nursing setting due to illness or other circumstances;
62.9 	(5) staffing backup contingencies in the event of employee illness or absence; and
62.10 	(6) arrangements for additional assistance to respond to urgent or emergency care needs 
62.11 	of the recipients.
62.12 	(h) The documentation for shared home care nursing must be on a form approved by 
62.13 	the commissioner for each individual recipient sharing home care nursing. The documentation 
62.14 	must be part of the recipient's health service record and include:
62.15 	(1) permission by the recipient or the recipient's legal representative for the maximum 
62.16 	number of shared nursing hours per week chosen by the recipient and permission for shared 
62.17 	home care nursing services provided in and outside the recipient's home residence;
62.18 	(2) revocation by the recipient or the recipient's legal representative for the shared home 
62.19 	care nursing permission, or services provided to others in and outside the recipient's 
62.20 	residence; and
62.21 	(3) daily documentation of the shared home care nursing services provided by each 
62.22 	identified home care nurse, including:
62.23 	(i) the names of each recipient receiving shared home care nursing services;
62.24 	(ii) the setting for the shared services, including the starting and ending times that the 
62.25 	recipient received shared home care nursing care; and
62.26 	(iii) notes by the home care nurse regarding changes in the recipient's condition, problems 
62.27 	that may arise from the sharing of home care nursing services, and scheduling and care 
62.28 	issues.
62.29 	(i) The commissioner shall provide a rate methodology for shared home care nursing. 
62.30 	For two persons sharing nursing care, the rate paid to a provider must not exceed 1.5 times 
62.31 	the regular home care nursing rates paid for serving a single individual by a registered nurse 
63.1 	or licensed practical nurse. These rates apply only to situations in which both recipients are 
63.2 	present and receive shared home care nursing care on the date for which the service is billed.

63.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

63.4 	Sec. 20. Minnesota Statutes 2018, section 256B.0654, subdivision 4, as amended by Laws 
63.5 	2020, chapter 115, article 4, section 124, is amended to read:
63.6 		Subd. 4.Hardship criteria; home care nursing. (a) Payment is allowed for extraordinary 
63.7 	services that require specialized nursing skills and are provided by parents of minor children, 
63.8 	family foster parents, spouses, and legal guardians who are providing home care nursing 
63.9 	care under the following conditions:
63.10 	(1) the provision of these services is not legally required of the parents, spouses, or legal 
63.11 	guardians;
63.12 	(2) the services are necessary to prevent hospitalization of the recipient; and
63.13 	(3) the recipient is eligible for state plan home care or a home and community-based 
63.14 	waiver and one of the following hardship criteria are met:
63.15 	(i) the parent, spouse, or legal guardian resigns from a part-time or full-time job to 
63.16 	provide nursing care for the recipient;
63.17 	(ii) the parent, spouse, or legal guardian goes from a full-time to a part-time job with 
63.18 	less compensation to provide nursing care for the recipient;
63.19 	(iii) the parent, spouse, or legal guardian takes a leave of absence without pay to provide 
63.20 	nursing care for the recipient; or
63.21 	(iv) because of labor conditions, special language needs, or intermittent hours of care 
63.22 	needed, the parent, spouse, or legal guardian is needed in order to provide adequate home 
63.23 	care nursing services to meet the medical needs of the recipient.
63.24 	(b) Home care nursing may be provided by a parent, spouse, family foster parent, or 
63.25 	legal guardian who is a nurse licensed in Minnesota. Home care nursing services provided 
63.26 	by a parent, spouse, family foster parent, or legal guardian cannot be used in lieu of nursing 
63.27 	services covered and available under liable third-party payors, including Medicare. The 
63.28 	home care nursing provided by a parent, spouse, family foster parent, or legal guardian must 
63.29 	be included in the service agreement. Authorized nursing services for a single recipient or 
63.30 	recipients with the same residence and provided by the parent, spouse, family foster parent, 
63.31 	or legal guardian may not exceed 50 percent of the total approved nursing hours, or eight 
63.32 	hours per day, whichever is less, up to a maximum of 40 hours per week. A parent or parents, 
64.1 	spouse, family foster parent, or legal guardian shall not provide more than 40 hours of 
64.2 	services in a seven-day period. For parents, family foster parents, and legal guardians, 40 
64.3 	hours is the total amount allowed regardless of the number of children or adults who receive 
64.4 	services. Nothing in this subdivision precludes the parent's, spouse's, or legal guardian's 
64.5 	obligation of assuming the nonreimbursed family responsibilities of emergency backup 
64.6 	caregiver and primary caregiver.
64.7 	(c) A parent, family foster parent, or a spouse may not be paid to provide home care 
64.8 	nursing care if:
64.9 	(1) the parent or spouse fails to pass a criminal background check according to chapter 
64.10 	245C;
64.11 	(2) it has been determined by the home care nursing agency, the case manager, or the 
64.12 	physician or, advanced practice registered nurse, or physician assistant that the home care 
64.13 	nursing provided by the parent, family foster parent, spouse, or legal guardian is unsafe; or
64.14 	(3) the parent, family foster parent, spouse, or legal guardian does not follow physician 
64.15 	or, advanced practice registered nurse, or physician assistant orders.
64.16 	(d) For purposes of this section, "assessment" means a review and evaluation of a 
64.17 	recipient's need for home care services conducted in person. Assessments for home care 
64.18 	nursing must be conducted by a registered nurse.

64.19 	EFFECTIVE DATE. This section is effective the day following final enactment.

64.20 	Sec. 21. Minnesota Statutes 2019 Supplement, section 256B.0711, subdivision 1, is 
64.21 	amended to read:
64.22 		Subdivision 1.Definitions. For purposes of this section:
64.23 	(a) "Commissioner" means the commissioner of human services unless otherwise 
64.24 	indicated.
64.25 	(b) "Covered program" means a program to provide direct support services funded in 
64.26 	whole or in part by the state of Minnesota, including the community first services and 
64.27 	supports program under section 256B.85, subdivision 2, paragraph (e); consumer directed
64.28 	consumer-directed community supports services and extended state plan personal care 
64.29 	assistance services available under programs established pursuant to home and 
64.30 	community-based service waivers authorized under section 1915(c) of the Social Security 
64.31 	Act, and Minnesota Statutes, including, but not limited to, chapter 256S and sections 
64.32 	256B.092 and 256B.49, and under the alternative care program, as offered pursuant to under
65.1 	section 256B.0913; the personal care assistance choice program, as established pursuant to
65.2 	under section 256B.0659, subdivisions 18 to 20; and any similar program that may provide 
65.3 	similar services in the future.
65.4 	(c) "Direct support services" means personal care assistance services covered by medical 
65.5 	assistance under section 256B.0625, subdivisions 19a and 19c; assistance with activities of 
65.6 	daily living as defined in section 256B.0659, subdivision 1, paragraph (b), and instrumental 
65.7 	activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (i); and 
65.8 	other similar, in-home, nonprofessional long-term services and supports provided to an 
65.9 	elderly person or person with a disability by the person's employee or the employee of the 
65.10 	person's representative to meet such person's daily living needs and ensure that such person 
65.11 	may adequately function in the person's home and have safe access to the community.
65.12 	(d) "Individual provider" means an individual selected by and working under the direction 
65.13 	of a participant in a covered program, or a participant's representative, to provide direct 
65.14 	support services to the participant, but does not include an employee of a provider agency, 
65.15 	subject to the agency's direction and control commensurate with agency employee status.
65.16 	(e) "Participant" means a person who receives direct support services through a covered 
65.17 	program.
65.18 	(f) "Participant's representative" means a participant's legal guardian or an individual 
65.19 	having the authority and responsibility to act on behalf of a participant with respect to the 
65.20 	provision of direct support services through a covered program.

65.21 	Sec. 22. Minnesota Statutes 2018, section 256B.0941, subdivision 1, is amended to read:
65.22 		Subdivision 1.Eligibility. (a) An individual who is eligible for mental health treatment 
65.23 	services in a psychiatric residential treatment facility must meet all of the following criteria:
65.24 	(1) before admission, services are determined to be medically necessary by the state's 
65.25 	medical review agent according to Code of Federal Regulations, title 42, section 441.152;
65.26 	(2) is younger than 21 years of age at the time of admission. Services may continue until 
65.27 	the individual meets criteria for discharge or reaches 22 years of age, whichever occurs 
65.28 	first;
65.29 	(3) has a mental health diagnosis as defined in the most recent edition of the Diagnostic 
65.30 	and Statistical Manual for Mental Disorders, as well as clinical evidence of severe aggression, 
65.31 	or a finding that the individual is a risk to self or others;
66.1 	(4) has functional impairment and a history of difficulty in functioning safely and 
66.2 	successfully in the community, school, home, or job; an inability to adequately care for 
66.3 	one's physical needs; or caregivers, guardians, or family members are unable to safely fulfill 
66.4 	the individual's needs;
66.5 	(5) requires psychiatric residential treatment under the direction of a physician to improve 
66.6 	the individual's condition or prevent further regression so that services will no longer be 
66.7 	needed;
66.8 	(6) utilized and exhausted other community-based mental health services, or clinical 
66.9 	evidence indicates that such services cannot provide the level of care needed; and
66.10 	(7) was referred for treatment in a psychiatric residential treatment facility by a qualified 
66.11 	mental health professional licensed as defined in section 245.4871, subdivision 27, clauses 
66.12 	(1) to (6).
66.13 	(b) A mental health professional making a referral shall submit documentation to the 
66.14 	state's medical review agent containing all information necessary to determine medical 
66.15 	necessity, including a standard diagnostic assessment completed within 180 days of the 
66.16 	individual's admission. Documentation shall include evidence of family participation in the 
66.17 	individual's treatment planning and signed consent for services The commissioner shall 
66.18 	provide oversight and review the use of referrals for clients admitted to psychiatric residential 
66.19 	treatment facilities to ensure that eligibility criteria, clinical services, and treatment planning 
66.20 	reflect clinical, state, and federal standards for psychiatric residential treatment facility level 
66.21 	of care. The commissioner shall coordinate the production of a statewide list of children 
66.22 	and youth who meet the medical necessity criteria for psychiatric residential treatment 
66.23 	facility level of care and who are awaiting admission. The commissioner and any recipient 
66.24 	of the list shall not use the statewide list to direct admission of children and youth to specific 
66.25 	facilities.

66.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

66.27 	Sec. 23. Minnesota Statutes 2018, section 256B.0941, subdivision 3, is amended to read:
66.28 		Subd. 3.Per diem rate. (a) The commissioner shall must establish a statewide one per 
66.29 	diem rate per provider for psychiatric residential treatment facility services for individuals 
66.30 	21 years of age or younger. The rate for a provider must not exceed the rate charged by that 
66.31 	provider for the same service to other payers. Payment must not be made to more than one 
66.32 	entity for each individual for services provided under this section on a given day. The 
66.33 	commissioner shall must set rates prospectively for the annual rate period. The commissioner 
67.1 	shall must require providers to submit annual cost reports on a uniform cost reporting form 
67.2 	and shall must use submitted cost reports to inform the rate-setting process. The cost reporting 
67.3 	shall must be done according to federal requirements for Medicare cost reports.
67.4 	(b) The following are included in the rate:
67.5 	(1) costs necessary for licensure and accreditation, meeting all staffing standards for 
67.6 	participation, meeting all service standards for participation, meeting all requirements for 
67.7 	active treatment, maintaining medical records, conducting utilization review, meeting 
67.8 	inspection of care, and discharge planning. The direct services costs must be determined 
67.9 	using the actual cost of salaries, benefits, payroll taxes, and training of direct services staff 
67.10 	and service-related transportation; and
67.11 	(2) payment for room and board provided by facilities meeting all accreditation and 
67.12 	licensing requirements for participation.
67.13 	(c) A facility may submit a claim for payment outside of the per diem for professional 
67.14 	services arranged by and provided at the facility by an appropriately licensed professional 
67.15 	who is enrolled as a provider with Minnesota health care programs. Arranged services must 
67.16 	be billed by the facility on a separate claim, and the facility shall be responsible for payment 
67.17 	to the provider may be billed by either the facility or the licensed professional. These services 
67.18 	must be included in the individual plan of care and are subject to prior authorization by the 
67.19 	state's medical review agent.
67.20 	(d) Medicaid shall must reimburse for concurrent services as approved by the 
67.21 	commissioner to support continuity of care and successful discharge from the facility. 
67.22 	"Concurrent services" means services provided by another entity or provider while the 
67.23 	individual is admitted to a psychiatric residential treatment facility. Payment for concurrent 
67.24 	services may be limited and these services are subject to prior authorization by the state's 
67.25 	medical review agent. Concurrent services may include targeted case management, assertive 
67.26 	community treatment, clinical care consultation, team consultation, and treatment planning.
67.27 	(e) Payment rates under this subdivision shall must not include the costs of providing 
67.28 	the following services:
67.29 	(1) educational services;
67.30 	(2) acute medical care or specialty services for other medical conditions;
67.31 	(3) dental services; and
67.32 	(4) pharmacy drug costs.
68.1 	(f) For purposes of this section, "actual cost" means costs that are allowable, allocable, 
68.2 	reasonable, and consistent with federal reimbursement requirements in Code of Federal 
68.3 	Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and the Office of 
68.4 	Management and Budget Circular Number A-122, relating to nonprofit entities.

68.5 	EFFECTIVE DATE. This section is effective September 1, 2020, or upon federal 
68.6 	approval, whichever is later. The commissioner of human services shall notify the revisor 
68.7 	of statutes when federal approval is obtained.

68.8 	Sec. 24. Minnesota Statutes 2018, section 256B.0944, subdivision 1, is amended to read:
68.9 		Subdivision 1.Definitions. For purposes of this section, the following terms have the 
68.10 	meanings given them.
68.11 	(a) "Mental health crisis" means a child's behavioral, emotional, or psychiatric situation 
68.12 	that, but for the provision of crisis response services to the child, would likely result in 
68.13 	significantly reduced levels of functioning in primary activities of daily living, an emergency 
68.14 	situation, or the child's placement in a more restrictive setting, including, but not limited 
68.15 	to, inpatient hospitalization.
68.16 	(b) "Mental health emergency" means a child's behavioral, emotional, or psychiatric 
68.17 	situation that causes an immediate need for mental health services and is consistent with 
68.18 	section 62Q.55. A physician, mental health professional, or crisis mental health practitioner 
68.19 	determines a mental health crisis or emergency for medical assistance reimbursement with 
68.20 	input from the client and the client's family, if possible.
68.21 	(c) "Mental health crisis assessment" means an immediate face-to-face assessment by 
68.22 	a physician, mental health professional, or mental health practitioner under the clinical 
68.23 	supervision of a mental health professional, following a screening that suggests the child 
68.24 	may be experiencing a mental health crisis or mental health emergency situation.
68.25 	(d) "Mental health mobile crisis intervention services" means face-to-face, short-term 
68.26 	intensive mental health services initiated during a mental health crisis or mental health 
68.27 	emergency. Mental health mobile crisis services must help the recipient cope with immediate 
68.28 	stressors, identify and utilize available resources and strengths, and begin to return to the 
68.29 	recipient's baseline level of functioning. Mental health mobile services must be provided 
68.30 	on site by a mobile crisis intervention team outside of an emergency room, urgent care, or
68.31 	an inpatient hospital setting.
68.32 	(e) "Mental health crisis stabilization services" means individualized mental health 
68.33 	services provided to a recipient following crisis intervention services that are designed to 
69.1 	restore the recipient to the recipient's prior functional level. The individual treatment plan 
69.2 	recommending mental health crisis stabilization must be completed by the intervention team 
69.3 	or by staff after an inpatient or urgent care visit. Mental health crisis stabilization services 
69.4 	may be provided in the recipient's home, the home of a family member or friend of the 
69.5 	recipient, schools, another community setting, or a short-term supervised, licensed residential 
69.6 	program if the service is not included in the facility's cost pool or per diem. Mental health 
69.7 	crisis stabilization is not reimbursable when provided as part of a partial hospitalization or 
69.8 	day treatment program.

69.9 	Sec. 25. Minnesota Statutes 2018, section 256B.0947, subdivision 2, is amended to read:
69.10 		Subd. 2.Definitions. For purposes of this section, the following terms have the meanings 
69.11 	given them.
69.12 	(a) "Intensive nonresidential rehabilitative mental health services" means child 
69.13 	rehabilitative mental health services as defined in section 256B.0943, except that these 
69.14 	services are provided by a multidisciplinary staff using a total team approach consistent 
69.15 	with assertive community treatment, as adapted for youth, and are directed to recipients 
69.16 	ages 16, 17, 18, 19, or 20 with a serious mental illness or co-occurring mental illness and 
69.17 	substance abuse addiction who require intensive services to prevent admission to an inpatient 
69.18 	psychiatric hospital or placement in a residential treatment facility or who require intensive 
69.19 	services to step down from inpatient or residential care to community-based care.
69.20 	(b) "Co-occurring mental illness and substance abuse addiction" means a dual diagnosis 
69.21 	of at least one form of mental illness and at least one substance use disorder. Substance use 
69.22 	disorders include alcohol or drug abuse or dependence, excluding nicotine use.
69.23 	(c) "Diagnostic assessment" has the meaning given to it in Minnesota Rules, part 
69.24 	9505.0370, subpart 11. A diagnostic assessment must be provided according to Minnesota 
69.25 	Rules, part 9505.0372, subpart 1, and for this section must incorporate a determination of 
69.26 	the youth's necessary level of care using a standardized functional assessment instrument 
69.27 	approved and periodically updated by the commissioner.
69.28 	(d) "Education specialist" means an individual with knowledge and experience working 
69.29 	with youth regarding special education requirements and goals, special education plans, 
69.30 	and coordination of educational activities with health care activities.
69.31 	(e) "Housing access support" means an ancillary activity to help an individual find, 
69.32 	obtain, retain, and move to safe and adequate housing. Housing access support does not 
69.33 	provide monetary assistance for rent, damage deposits, or application fees.
70.1 	(f) "Integrated dual disorders treatment" means the integrated treatment of co-occurring 
70.2 	mental illness and substance use disorders by a team of cross-trained clinicians within the 
70.3 	same program, and is characterized by assertive outreach, stage-wise comprehensive 
70.4 	treatment, treatment goal setting, and flexibility to work within each stage of treatment.
70.5 	(g) "Medication education services" means services provided individually or in groups, 
70.6 	which focus on:
70.7 	(1) educating the client and client's family or significant nonfamilial supporters about 
70.8 	mental illness and symptoms;
70.9 	(2) the role and effects of medications in treating symptoms of mental illness; and
70.10 	(3) the side effects of medications.
70.11 	Medication education is coordinated with medication management services and does not 
70.12 	duplicate it. Medication education services are provided by physicians, pharmacists, or 
70.13 	registered nurses with certification in psychiatric and mental health care.
70.14 	(h) "Peer specialist" means an employed team member who is a mental health certified 
70.15 	peer specialist according to section 256B.0615 and also a former children's mental health 
70.16 	consumer who:
70.17 	(1) provides direct services to clients including social, emotional, and instrumental 
70.18 	support and outreach;
70.19 	(2) assists younger peers to identify and achieve specific life goals;
70.20 	(3) works directly with clients to promote the client's self-determination, personal 
70.21 	responsibility, and empowerment;
70.22 	(4) assists youth with mental illness to regain control over their lives and their 
70.23 	developmental process in order to move effectively into adulthood;
70.24 	(5) provides training and education to other team members, consumer advocacy 
70.25 	organizations, and clients on resiliency and peer support; and
70.26 	(6) meets the following criteria:
70.27 	(i) is at least 22 years of age;
70.28 	(ii) has had a diagnosis of mental illness, as defined in Minnesota Rules, part 9505.0370, 
70.29 	subpart 20, or co-occurring mental illness and substance abuse addiction;
70.30 	(iii) is a former consumer of child and adolescent mental health services, or a former or 
70.31 	current consumer of adult mental health services for a period of at least two years;
71.1 	(iv) has at least a high school diploma or equivalent;
71.2 	(v) has successfully completed training requirements determined and periodically updated 
71.3 	by the commissioner;
71.4 	(vi) is willing to disclose the individual's own mental health history to team members 
71.5 	and clients; and
71.6 	(vii) must be free of substance use problems for at least one year.
71.7 	(i) "Provider agency" means a for-profit or nonprofit organization established to 
71.8 	administer an assertive community treatment for youth team.
71.9 	(j) "Substance use disorders" means one or more of the disorders defined in the diagnostic 
71.10 	and statistical manual of mental disorders, current edition.
71.11 	(k) "Transition services" means:
71.12 	(1) activities, materials, consultation, and coordination that ensures continuity of the 
71.13 	client's care in advance of and in preparation for the client's move from one stage of care 
71.14 	or life to another by maintaining contact with the client and assisting the client to establish 
71.15 	provider relationships;
71.16 	(2) providing the client with knowledge and skills needed posttransition;
71.17 	(3) establishing communication between sending and receiving entities;
71.18 	(4) supporting a client's request for service authorization and enrollment; and
71.19 	(5) establishing and enforcing procedures and schedules.
71.20 	A youth's transition from the children's mental health system and services to the adult 
71.21 	mental health system and services and return to the client's home and entry or re-entry into 
71.22 	community-based mental health services following discharge from an out-of-home placement 
71.23 	or inpatient hospital stay.
71.24 	(l) "Treatment team" means all staff who provide services to recipients under this section.
71.25 	(m) "Family peer specialist" means a staff person qualified under section 256B.0616.

71.26 	Sec. 26. Minnesota Statutes 2018, section 256B.0947, subdivision 4, is amended to read:
71.27 		Subd. 4.Provider contract requirements. (a) The intensive nonresidential rehabilitative 
71.28 	mental health services provider agency shall have a contract with the commissioner to 
71.29 	provide intensive transition youth rehabilitative mental health services.
72.1 	(b) The commissioner shall develop administrative and clinical contract standards and
72.2 	performance evaluation criteria for providers, including county providers, and may require 
72.3 	applicants and providers to submit documentation as needed to allow the commissioner to 
72.4 	determine whether the standards criteria are met.

72.5 	Sec. 27. Minnesota Statutes 2018, section 256B.0947, subdivision 5, is amended to read:
72.6 		Subd. 5.Standards for intensive nonresidential rehabilitative providers. (a) Services 
72.7 	must be provided by a provider entity as provided in subdivision 4.
72.8 	(b) The treatment team for intensive nonresidential rehabilitative mental health services 
72.9 	comprises both permanently employed core team members and client-specific team members 
72.10 	as follows:
72.11 	(1) The core treatment team is an entity that operates under the direction of an 
72.12 	independently licensed mental health professional, who is qualified under Minnesota Rules, 
72.13 	part 9505.0371, subpart 5, item A, and that assumes comprehensive clinical responsibility 
72.14 	for clients. Based on professional qualifications and client needs, clinically qualified core 
72.15 	team members are assigned on a rotating basis as the client's lead worker to coordinate a 
72.16 	client's care. The core team must comprise at least four full-time equivalent direct care staff 
72.17 	and must include, but is not limited to:
72.18 	(i) an independently licensed mental health professional, qualified under Minnesota 
72.19 	Rules, part 9505.0371, subpart 5, item A, who serves as team leader to provide administrative 
72.20 	direction and clinical supervision to the team;
72.21 	(ii) an advanced-practice registered nurse with certification in psychiatric or mental 
72.22 	health care or a board-certified child and adolescent psychiatrist, either of which must be 
72.23 	credentialed to prescribe medications;
72.24 	(iii) a licensed alcohol and drug counselor who is also trained in mental health 
72.25 	interventions; and
72.26 	(iv) a peer specialist as defined in subdivision 2, paragraph (h).
72.27 	(2) The core team may also include any of the following:
72.28 	(i) additional mental health professionals;
72.29 	(ii) a vocational specialist;
72.30 	(iii) an educational specialist;
72.31 	(iv) a child and adolescent psychiatrist who may be retained on a consultant basis;
73.1 	(v) a mental health practitioner, as defined in section 245.4871, subdivision 26;
73.2 	(vi) a mental health manager case management service provider, as defined in section 
73.3 	245.4871, subdivision 4; and
73.4 	(vii) a housing access specialist; and
73.5 	(viii) a family peer specialist as defined in subdivision 2, paragraph (m).
73.6 	(3) A treatment team may include, in addition to those in clause (1) or (2), ad hoc 
73.7 	members not employed by the team who consult on a specific client and who must accept 
73.8 	overall clinical direction from the treatment team for the duration of the client's placement 
73.9 	with the treatment team and must be paid by the provider agency at the rate for a typical 
73.10 	session by that provider with that client or at a rate negotiated with the client-specific 
73.11 	member. Client-specific treatment team members may include:
73.12 	(i) the mental health professional treating the client prior to placement with the treatment 
73.13 	team;
73.14 	(ii) the client's current substance abuse counselor, if applicable;
73.15 	(iii) a lead member of the client's individualized education program team or school-based 
73.16 	mental health provider, if applicable;
73.17 	(iv) a representative from the client's health care home or primary care clinic, as needed 
73.18 	to ensure integration of medical and behavioral health care;
73.19 	(v) the client's probation officer or other juvenile justice representative, if applicable; 
73.20 	and
73.21 	(vi) the client's current vocational or employment counselor, if applicable.
73.22 	(c) The clinical supervisor shall be an active member of the treatment team and shall 
73.23 	function as a practicing clinician at least on a part-time basis. The treatment team shall meet 
73.24 	with the clinical supervisor at least weekly to discuss recipients' progress and make rapid 
73.25 	adjustments to meet recipients' needs. The team meeting must include client-specific case 
73.26 	reviews and general treatment discussions among team members. Client-specific case 
73.27 	reviews and planning must be documented in the individual client's treatment record.
73.28 	(d) The staffing ratio must not exceed ten clients to one full-time equivalent treatment 
73.29 	team position.
73.30 	(e) The treatment team shall serve no more than 80 clients at any one time. Should local 
73.31 	demand exceed the team's capacity, an additional team must be established rather than 
73.32 	exceed this limit.
74.1 	(f) Nonclinical staff shall have prompt access in person or by telephone to a mental 
74.2 	health practitioner or mental health professional. The provider shall have the capacity to 
74.3 	promptly and appropriately respond to emergent needs and make any necessary staffing 
74.4 	adjustments to assure ensure the health and safety of clients.
74.5 	(g) The intensive nonresidential rehabilitative mental health services provider shall 
74.6 	participate in evaluation of the assertive community treatment for youth (Youth ACT) model 
74.7 	as conducted by the commissioner, including the collection and reporting of data and the 
74.8 	reporting of performance measures as specified by contract with the commissioner.
74.9 	(h) A regional treatment team may serve multiple counties.

74.10 	Sec. 28. Minnesota Statutes 2018, section 256B.0947, subdivision 6, is amended to read:
74.11 		Subd. 6.Service standards. The standards in this subdivision apply to intensive 
74.12 	nonresidential rehabilitative mental health services.
74.13 	(a) The treatment team shall must use team treatment, not an individual treatment model.
74.14 	(b) Services must be available at times that meet client needs.
74.15 	(c) Services must be age-appropriate and meet the specific needs of the client.
74.16 	(c) (d) The initial functional assessment must be completed within ten days of intake 
74.17 	and updated at least every three six months or prior to discharge from the service, whichever 
74.18 	comes first.
74.19 	(d) (e) An individual treatment plan must be completed for each client, according to 
74.20 	criteria specified in section 256B.0943, subdivision 6, paragraph (b), clause (2), and, 
74.21 	additionally, must:
74.22 	(1) be based on the information in the client's diagnostic assessment and baselines;
74.23 	(2) identify goals and objectives of treatment, a treatment strategy, a schedule for 
74.24 	accomplishing treatment goals and objectives, and the individuals responsible for providing 
74.25 	treatment services and supports;
74.26 	(3) be developed after completion of the client's diagnostic assessment by a mental health 
74.27 	professional or clinical trainee and before the provision of children's therapeutic services 
74.28 	and supports;
74.29 	(4) be developed through a child-centered, family-driven, culturally appropriate planning 
74.30 	process, including allowing parents and guardians to observe or participate in individual 
74.31 	and family treatment services, assessments, and treatment planning;
75.1 	(5) be reviewed at least once every six months and revised to document treatment progress 
75.2 	on each treatment objective and next goals or, if progress is not documented, to document 
75.3 	changes in treatment;
75.4 	(6) be signed by the clinical supervisor and by the client or by the client's parent or other 
75.5 	person authorized by statute to consent to mental health services for the client. A client's 
75.6 	parent may approve the client's individual treatment plan by secure electronic signature or 
75.7 	by documented oral approval that is later verified by written signature;
75.8 	(1) (7) be completed in consultation with the client's current therapist and key providers 
75.9 	and provide for ongoing consultation with the client's current therapist to ensure therapeutic 
75.10 	continuity and to facilitate the client's return to the community. For clients under the age of 
75.11 	18, the treatment team must consult with parents and guardians in developing the treatment 
75.12 	plan;
75.13 	(2) (8) if a need for substance use disorder treatment is indicated by validated assessment:
75.14 	(i) identify goals, objectives, and strategies of substance use disorder treatment; develop 
75.15 	a schedule for accomplishing treatment goals and objectives; and identify the individuals 
75.16 	responsible for providing treatment services and supports;
75.17 	(ii) be reviewed at least once every 90 days and revised, if necessary;
75.18 	(3) (9) be signed by the clinical supervisor and by the client and, if the client is a minor, 
75.19 	by the client's parent or other person authorized by statute to consent to mental health 
75.20 	treatment and substance use disorder treatment for the client; and
75.21 	(4) (10) provide for the client's transition out of intensive nonresidential rehabilitative 
75.22 	mental health services by defining the team's actions to assist the client and subsequent 
75.23 	providers in the transition to less intensive or "stepped down" services.
75.24 	(e) (f) The treatment team shall actively and assertively engage the client's family 
75.25 	members and significant others by establishing communication and collaboration with the 
75.26 	family and significant others and educating the family and significant others about the 
75.27 	client's mental illness, symptom management, and the family's role in treatment, unless the 
75.28 	team knows or has reason to suspect that the client has suffered or faces a threat of suffering 
75.29 	any physical or mental injury, abuse, or neglect from a family member or significant other.
75.30 	(f) (g) For a client age 18 or older, the treatment team may disclose to a family member, 
75.31 	other relative, or a close personal friend of the client, or other person identified by the client, 
75.32 	the protected health information directly relevant to such person's involvement with the 
75.33 	client's care, as provided in Code of Federal Regulations, title 45, part 164.502(b). If the 
76.1 	client is present, the treatment team shall obtain the client's agreement, provide the client 
76.2 	with an opportunity to object, or reasonably infer from the circumstances, based on the 
76.3 	exercise of professional judgment, that the client does not object. If the client is not present 
76.4 	or is unable, by incapacity or emergency circumstances, to agree or object, the treatment 
76.5 	team may, in the exercise of professional judgment, determine whether the disclosure is in 
76.6 	the best interests of the client and, if so, disclose only the protected health information that 
76.7 	is directly relevant to the family member's, relative's, friend's, or client-identified person's 
76.8 	involvement with the client's health care. The client may orally agree or object to the 
76.9 	disclosure and may prohibit or restrict disclosure to specific individuals.
76.10 	(g) (h) The treatment team shall provide interventions to promote positive interpersonal 
76.11 	relationships.

76.12 	Sec. 29. Minnesota Statutes 2018, section 256B.49, subdivision 16, is amended to read:
76.13 		Subd. 16.Services and supports. (a) Services and supports included in the home and 
76.14 	community-based waivers for persons with disabilities shall must meet the requirements 
76.15 	set out in United States Code, title 42, section 1396n. The services and supports, which are 
76.16 	offered as alternatives to institutional care, shall must promote consumer choice, community 
76.17 	inclusion, self-sufficiency, and self-determination.
76.18 	(b) Beginning January 1, 2003, The commissioner shall must simplify and improve 
76.19 	access to home and community-based waivered services, to the extent possible, through the 
76.20 	establishment of a common service menu that is available to eligible recipients regardless 
76.21 	of age, disability type, or waiver program.
76.22 	(c) Consumer directed community support services shall Consumer-directed community 
76.23 	supports must be offered as an option to all persons eligible for services under subdivision 
76.24 	11, by January 1, 2002.
76.25 	(d) Services and supports shall must be arranged and provided consistent with 
76.26 	individualized written plans of care for eligible waiver recipients.
76.27 	(e) A transitional supports allowance shall must be available to all persons under a home 
76.28 	and community-based waiver who are moving from a licensed setting to a community 
76.29 	setting. "Transitional supports allowance" means a onetime payment of up to $3,000, to 
76.30 	cover the costs, not covered by other sources, associated with moving from a licensed setting 
76.31 	to a community setting. Covered costs include:
76.32 	(1) lease or rent deposits;
76.33 	(2) security deposits;
77.1 	(3) utilities setup costs, including telephone;
77.2 	(4) essential furnishings and supplies; and
77.3 	(5) personal supports and transports needed to locate and transition to community settings.
77.4 	(f) The state of Minnesota and county agencies that administer home and 
77.5 	community-based waivered services for persons with disabilities, shall must not be liable 
77.6 	for damages, injuries, or liabilities sustained through the purchase of supports by the 
77.7 	individual, the individual's family, legal representative, or the authorized representative 
77.8 	with funds received through the consumer-directed community support service supports
77.9 	under this section. Liabilities include but are not limited to: workers' compensation liability, 
77.10 	the Federal Insurance Contributions Act (FICA), or the Federal Unemployment Tax Act 
77.11 	(FUTA).

77.12 	Sec. 30. [256B.4911] CONSUMER-DIRECTED COMMUNITY SUPPORTS.
77.13 		Subdivision 1.Federal authority. Consumer-directed community supports, as referenced 
77.14 	in sections 256B.0913, subdivision 5, clause (17); 256B.092, subdivision 1b, clause (4); 
77.15 	256B.49, subdivision 16, paragraph (c); and chapter 256S are governed, in whole, by the 
77.16 	federally-approved waiver plans for home and community-based services.
77.17 		Subd. 2.Costs associated with physical activities. The expenses allowed for adults 
77.18 	under the consumer-directed community supports option must include the costs at the lowest 
77.19 	rate available considering daily, monthly, semiannual, annual, or membership rates, including 
77.20 	transportation, associated with physical exercise or other physical activities to maintain or 
77.21 	improve the person's health and functioning.
77.22 		Subd. 3.Expansion and increase of budget exceptions. (a) The commissioner of human 
77.23 	services must provide up to 30 percent more funds for either:
77.24 	(1) consumer-directed community supports participants under sections 256B.092 and 
77.25 	256B.49 who have a coordinated service and support plan which identifies the need for 
77.26 	more services or supports under consumer-directed community supports than the amount 
77.27 	the participants are currently receiving under the consumer-directed community supports 
77.28 	budget methodology to:
77.29 	(i) increase the amount of time a person works or otherwise improves employment 
77.30 	opportunities;
77.31 	(ii) plan a transition to, move to, or live in a setting described in section 256D.44, 
77.32 	subdivision 5, paragraph (g), clause (1), item (iii); or
78.1 	(iii) develop and implement a positive behavior support plan; or
78.2 	(2) home and community-based waiver participants under sections 256B.092 and 256B.49
78.3 	who are currently using licensed providers for: (i) employment supports or services during 
78.4 	the day; or (ii) residential services, either of which cost more annually than the person would 
78.5 	spend under a consumer-directed community supports plan for any or all of the supports 
78.6 	needed to meet a goal identified in clause (1), item (i), (ii), or (iii).
78.7 	(b) The exception under paragraph (a), clause (1), is limited to persons who can 
78.8 	demonstrate that they will have to discontinue using consumer-directed community supports 
78.9 	and accept other non-self-directed waiver services because their supports needed for a goal 
78.10 	described in paragraph (a), clause (1), item (i), (ii), or (iii), cannot be met within the 
78.11 	consumer-directed community supports budget limits.
78.12 	(c) The exception under paragraph (a), clause (2), is limited to persons who can 
78.13 	demonstrate that, upon choosing to become a consumer-directed community supports 
78.14 	participant, the total cost of services, including the exception, will be less than the cost of 
78.15 	current waiver services.
78.16 		Subd. 4.Budget exception for persons leaving institutions and crisis residential 
78.17 	settings. (a) The commissioner must establish an institutional and crisis bed 
78.18 	consumer-directed community supports budget exception process in the home and 
78.19 	community-based services waivers under sections 256B.092 and 256B.49. This budget 
78.20 	exception process must be available for any individual who:
78.21 	(1) is not offered available and appropriate services within 60 days since approval for 
78.22 	discharge from the individual's current institutional setting; and
78.23 	(2) requires services that are more expensive than appropriate services provided in a 
78.24 	noninstitutional setting using the consumer-directed community supports option.
78.25 	(b) Institutional settings for purposes of this exception include intermediate care facilities 
78.26 	for persons with developmental disabilities; nursing facilities; acute care hospitals; Anoka 
78.27 	Metro Regional Treatment Center; Minnesota Security Hospital; and crisis beds.
78.28 	(c) The budget exception must be limited to no more than the amount of appropriate 
78.29 	services provided in a noninstitutional setting as determined by the lead agency managing 
78.30 	the individual's home and community-based services waiver. The lead agency must notify 
78.31 	the Department of Human Services of the budget exception.
78.32 		Subd. 5.Shared services. (a) Medical assistance payments for shared services under 
78.33 	consumer-directed community supports are limited to this subdivision.
79.1 	(b) For purposes of this subdivision, "shared services" means services provided at the 
79.2 	same time by the same direct care worker for individuals who have entered into an agreement 
79.3 	to share consumer-directed community support services.
79.4 	(c) Shared services may include services in the personal assistance category as outlined 
79.5 	in the consumer-directed community supports community support plan and shared services 
79.6 	agreement, except:
79.7 	(1) services for more than three individuals provided by one worker at one time;
79.8 	(2) use of more than one worker for the shared services; and
79.9 	(3) a child care program licensed under chapter 245A or operated by a local school 
79.10 	district or private school.
79.11 	(d) The individuals, or as needed the individuals' representatives, must develop the plan 
79.12 	for shared services when developing or amending the consumer-directed community supports 
79.13 	plan, and must follow the consumer-directed community supports process for approval of 
79.14 	the plan by the lead agency. The plan for shared services in an individual's consumer-directed 
79.15 	community supports plan must include the intention to utilize shared services based on 
79.16 	individuals' needs and preferences.
79.17 	(e) Individuals sharing services must use the same financial management services 
79.18 	provider.
79.19 	(f) Individuals whose consumer-directed community supports community support plans 
79.20 	include an intent to utilize shared services must jointly develop, with the support of the 
79.21 	individuals' representatives as needed, a shared services agreement. This agreement must 
79.22 	include:
79.23 	(1) the names of the individuals receiving shared services;
79.24 	(2) the individuals' representative, if identified in their consumer-directed community 
79.25 	supports plans, and their duties;
79.26 	(3) the names of the case managers;
79.27 	(4) the financial management services provider;
79.28 	(5) the shared services that must be provided;
79.29 	(6) the schedule for shared services;
79.30 	(7) the location where shared services must be provided;
79.31 	(8) the training specific to each individual served;
80.1 	(9) the training specific to providing shared services to the individuals identified in the 
80.2 	agreement;
80.3 	(10) instructions to follow all required documentation for time and services provided;
80.4 	(11) a contingency plan for each individual that accounts for service provision and billing 
80.5 	in the absence of one of the individuals in a shared services setting due to illness or other 
80.6 	circumstances;
80.7 	(12) signatures of all parties involved in the shared services; and
80.8 	(13) agreement by each individual who is sharing services on the number of shared hours 
80.9 	for services provided.
80.10 	(g) Any individual or any individual's representative may withdraw from participating 
80.11 	in a shared services agreement at any time.
80.12 	(h) The lead agency for each individual must authorize the use of the shared services 
80.13 	option based on the criteria that the shared service is appropriate to meet the needs, health, 
80.14 	and safety of each individual for whom they provide case management or care coordination.
80.15 	(i) This subdivision must not be construed to reduce the total authorized 
80.16 	consumer-directed community supports budget for an individual.
80.17 	(j) No later than September 30, 2019, the commissioner of human services must:
80.18 	(1) submit an amendment to the Centers for Medicare and Medicaid Services for the 
80.19 	home and community-based services waivers authorized under sections 256B.0913, 
80.20 	256B.092, and 256B.49, and chapter 256S, to allow for a shared services option under 
80.21 	consumer-directed community supports; and
80.22 	(2) with stakeholder input, develop guidance for shared services in consumer-directed 
80.23 	community supports within the community-based services manual. Guidance must include:
80.24 	(i) recommendations for negotiating payment for one-to-two and one-to-three services; 
80.25 	and
80.26 	(ii) a template of the shared services agreement.

80.27 	EFFECTIVE DATE. This section is effective the day following final enactment, except 
80.28 	for subdivision 5, paragraphs (a) to (i), which are effective the day following final enactment 
80.29 	or upon federal approval, whichever occurs later. The commissioner of human services 
80.30 	must notify the revisor of statutes when federal approval is obtained.

81.1 	Sec. 31. Minnesota Statutes 2019 Supplement, section 256S.01, subdivision 6, is amended 
81.2 	to read:
81.3 		Subd. 6.Immunity; consumer-directed community supports. The state of Minnesota, 
81.4 	or a county, managed care plan, county-based purchasing plan, or tribal government under 
81.5 	contract to administer the elderly waiver, is not liable for damages, injuries, or liabilities 
81.6 	sustained as a result of the participant, the participant's family, or the participant's authorized 
81.7 	representatives purchasing direct supports or goods with funds received through 
81.8 	consumer-directed community support services supports under the elderly waiver. Liabilities 
81.9 	include, but are not limited to, workers' compensation liability, Federal Insurance 
81.10 	Contributions Act under United States Code, title 26, subtitle c, chapter 21, or Federal 
81.11 	Unemployment Tax Act under Internal Revenue Code, chapter 23.

81.12 	Sec. 32. Minnesota Statutes 2019 Supplement, section 256S.19, subdivision 4, is amended 
81.13 	to read:
81.14 		Subd. 4.Calculation of monthly conversion budget cap with consumer-directed 
81.15 	community supports. For the elderly waiver monthly conversion budget cap for the cost 
81.16 	of elderly waiver services with consumer-directed community support services supports, 
81.17 	the nursing facility case mix adjusted total payment rate used under subdivision 3 to calculate 
81.18 	the monthly conversion budget cap for elderly waiver services without consumer-directed 
81.19 	community supports must be reduced by a percentage equal to the percentage difference 
81.20 	between the consumer-directed services community supports budget limit that would be 
81.21 	assigned according to the elderly waiver plan and the corresponding monthly case mix 
81.22 	budget cap under this chapter, but not to exceed 50 percent.

81.23 	Sec. 33. Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 33, 
81.24 	is amended to read:

81.25
81.26	Subd. 33.Grant Programs; Chemical 
Dependency Treatment Support Grants

81.27	Appropriations by Fund
	
81.28	General
	2,636,000
	2,636,000
	
81.29	Lottery Prize
	1,733,000
	1,733,000
	
81.30 	(a) Problem Gambling. $225,000 in fiscal 
81.31 	year 2020 and $225,000 in fiscal year 2021 
81.32 	are from the lottery prize fund for a grant to 
81.33 	the state affiliate recognized by the National 
82.1 	Council on Problem Gambling. The affiliate 
82.2 	must provide services to increase public 
82.3 	awareness of problem gambling, education, 
82.4 	and training for individuals and organizations 
82.5 	providing effective treatment services to 
82.6 	problem gamblers and their families, and 
82.7 	research related to problem gambling.
82.8 	(b) Fetal Alcohol Spectrum Disorders 
82.9 	Grants for Fiscal Year 2020. (1) $500,000 
82.10 	in fiscal year 2020 and $500,000 in fiscal year 
82.11 	2021 are fromis from the general fund for a 
82.12 	grant to Proof Alliance. Of this appropriation, 
82.13 	Proof Alliance shall make grants to eligible 
82.14 	regional collaboratives for the purposes 
82.15 	specified in clause (3).
82.16 	(2) "Eligible regional collaboratives" means 
82.17 	a partnership between at least one local 
82.18 	government or tribal government and at least 
82.19 	one community-based organization and, where 
82.20 	available, a family home visiting program. For 
82.21 	purposes of this clause, a local government 
82.22 	includes a county or multicounty organization, 
82.23 	a tribal government, a county-based 
82.24 	purchasing entity, or a community health 
82.25 	board.
82.26 	(3) Eligible regional collaboratives must use 
82.27 	grant funds to reduce the incidence of fetal 
82.28 	alcohol spectrum disorders and other prenatal 
82.29 	drug-related effects in children in Minnesota 
82.30 	by identifying and serving pregnant women 
82.31 	suspected of or known to use or abuse alcohol 
82.32 	or other drugs. Eligible regional collaboratives 
82.33 	must provide intensive services to chemically 
82.34 	dependent women to increase positive birth 
82.35 	outcomes.
83.1 	(4) Proof Alliance must make grants to eligible 
83.2 	regional collaboratives from both rural and 
83.3 	urban areas of the state.
83.4 	(5) An eligible regional collaborative that 
83.5 	receives a grant under this paragraph must 
83.6 	report to Proof Alliance by January 15 of each 
83.7 	year on the services and programs funded by 
83.8 	the grant. The report must include measurable 
83.9 	outcomes for the previous year, including the 
83.10 	number of pregnant women served and the 
83.11 	number of toxic-free babies born. Proof 
83.12 	Alliance must compile the information in these 
83.13 	reports and report that information to the 
83.14 	commissioner of human services by February 
83.15 	15 of each year.
83.16 	(c) Fetal Alcohol Spectrum Disorders 
83.17 	Grants for Fiscal Year 2021. $500,000 in 
83.18 	fiscal year 2021 is from the general fund for 
83.19 	a grant under Minnesota Statutes, section 
83.20 	254A.21, to a statewide organization that 
83.21 	focuses solely on prevention of and 
83.22 	intervention with fetal alcohol spectrum 
83.23 	disorders.

83.24 	Sec. 34. TREATMENT OF PREVIOUSLY OBTAINED FEDERAL APPROVALS.
 83.25 	This act must not be construed to require the commissioner to seek federal approval for 
83.26 	provisions for which the commissioner has already received federal approval. Federal 
83.27 	approvals the commissioner previously obtained for provisions repealed in section 33 survive 
83.28 	and apply to the corresponding subdivisions of Minnesota Statutes, section 256B.4911.

83.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

83.30 	Sec. 35. REPEALER.
 83.31 	(a) Laws 2005, First Special Session chapter 4, article 7, section 50, is repealed.
83.32 	(b) Laws 2005, First Special Session chapter 4, article 7, section 51, is repealed.
84.1 	(c) Laws 2012, chapter 247, article 4, section 47, as amended by Laws 2014, chapter 
84.2 	312, article 27, section 72, Laws 2015, chapter 71, article 7, section 58, Laws 2016, chapter 
84.3 	144, section 1, Laws 2017, First Special Session chapter 6, article 1, section 43, Laws 2017, 
84.4 	First Special Session chapter 6, article 1, section 54, is repealed.
84.5 	(d) Laws 2015, chapter 71, article 7, section 54, as amended by Laws 2017, First Special 
84.6 	Session chapter 6, article 1, section 54, is repealed.
84.7 	(e) Laws 2017, First Special Session chapter 6, article 1, section 44, as amended by 
84.8 	Laws 2019, First Special Session chapter 9, article 5, section 80, is repealed.
84.9 	(f) Laws 2017, First Special Session chapter 6, article 1, section 45, as amended by Laws 
84.10 	2019, First Special Session chapter 9, article 5, section 81, is repealed.

84.11 	EFFECTIVE DATE. This section is effective the day following final enactment.

84.12 	Sec. 36. EFFECTIVE DATE; PREVIOUS ENACTMENT.
 84.13 	The amendments made to Minnesota Statutes, section 256B.0654, subdivisions 1, 2a, 
84.14 	3, and 4, by Laws 2020, chapter 115, article 4, sections 121 to 124, are effective the day 
84.15 	following final enactment of this act.

84.16 	ARTICLE 3
84.17 	DISABILITY POLICY STATEMENTS

84.18 	Section 1. [256B.4905] HOME AND COMMUNITY-BASED SERVICES POLICY 
84.19 	STATEMENT.
84.20 		Subdivision 1.Employment first policy. It is the policy of this state that all working-age 
84.21 	Minnesotans with disabilities can work, want to work, and can achieve competitive integrated 
84.22 	employment, and that each working-age Minnesotan with a disability be offered the 
84.23 	opportunity to work and earn a competitive wage before being offered other supports and 
84.24 	services.
84.25 		Subd. 2.Employment first implementation for disability waiver services. The 
84.26 	commissioner of human services shall ensure that:
84.27 	(1) the disability waivers under sections 256B.092 and 256B.49 support the presumption 
84.28 	that all working-age Minnesotans with disabilities can work, want to work, and can achieve 
84.29 	competitive integrated employment; and
84.30 	(2) each waiver recipient of working age be offered, after an informed decision-making 
84.31 	process and during a person-centered planning process, the opportunity to work and earn a 
85.1 	competitive wage before being offered exclusively day services as defined in section 
85.2 	245D.03, subdivision 1, paragraph (c), clause (4), or successor provisions.
85.3 		Subd. 3.Independent living first policy. It is the policy of this state that all adult 
85.4 	Minnesotans with disabilities can and want to live independently with proper supports and 
85.5 	services; and that each adult Minnesotan with a disability be offered the opportunity to live 
85.6 	as independently as possible before being offered supports and services in provider-controlled 
85.7 	settings.
85.8 		Subd. 4.Independent living first implementation for disability waiver services. The 
85.9 	commissioner of human services shall ensure that:
85.10 	(1) the disability waivers under sections 256B.092 and 256B.49 support the presumption 
85.11 	that all adult Minnesotans with disabilities can and want to live independently with proper 
85.12 	services and supports as needed; and
85.13 	(2) each adult waiver recipient be offered, after an informed decision-making process 
85.14 	and during a person-centered planning process, the opportunity to live as independently as 
85.15 	possible before being offered customized living services provided in a single family home 
85.16 	or residential supports and services as defined in section 245D.03, subdivision 1, paragraph 
85.17 	(c), clause (3), or successor provisions, unless the residential supports and services are 
85.18 	provided in a family adult foster care residence under a shared living option as described 
85.19 	in Laws 2013, chapter 108, article 7, section 62.
85.20 		Subd. 5.Self-direction first policy. It is the policy of this state that adult Minnesotans 
85.21 	with disabilities and families of children with disabilities can and want to use self-directed 
85.22 	services and supports; and that each adult Minnesotan with a disability and each family of 
85.23 	the child with a disability be offered the opportunity to choose self-directed services and 
85.24 	supports before being offered services and supports that are not self-directed.
85.25 		Subd. 6.Self-directed first implementation for disability waiver services. The 
85.26 	commissioner of human services shall ensure that:
85.27 	(1) the disability waivers under sections 256B.092 and 256B.49 support the presumption 
85.28 	that adult Minnesotans with disabilities and families of children with disabilities can and 
85.29 	want to use self-directed services and supports, including self-directed funding options; and
85.30 	(2) each waiver recipient be offered, after an informed decision-making process and 
85.31 	during a person-centered planning process, the opportunity to choose self-directed services 
85.32 	and supports, including self-directed funding options, before being offered  services and 
85.33 	supports that are not self-directed.

86.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

86.2 	Sec. 2. Laws 2019, First Special Session chapter 9, article 5, section 86, is amended to 
86.3 	read:
86.4 	Sec. 86. DISABILITY WAIVER RECONFIGURATION.
 86.5 		Subdivision 1.Intent. It is the intent of the legislature to reform the medical assistance 
86.6 	waiver programs for people with disabilities to simplify administration of the programs,. 
86.7 	Disability waiver reconfiguration must incentivize inclusive, person-centered, individualized
86.8 	supports,and services; enhance each person's self-determination and personal authority 
86.9 	over the person's service choice,; align benefits across waivers, encourage; ensure equity 
86.10 	across programs and populations, and; promote long-term sustainability of needed waiver
86.11 	services. To the maximum extent possible, the Disability waiver reconfiguration must; and
86.12 	maintain service stability and continuity of care, while prioritizing, promoting the most, 
86.13 	and creating incentives for independent and, integrated, and individualized supports of each 
86.14 	person's choosing in both short- and long-termand services chosen by each person through 
86.15 	an informed decision-making process and person-centered planning.
86.16 		Subd. 2.Report. By January 15, 2021, the commissioner of human services shall submit 
86.17 	a report to the members of the legislative committees with jurisdiction over human services 
86.18 	on any necessary waivers, state plan amendments, requests for new funding or realignment 
86.19 	of existing funds, any changes to state statute or rule, and any other federal authority 
86.20 	necessary to implement this section. The report must include information about the 
86.21 	commissioner's work to collect feedback and input from providers, persons accessing home 
86.22 	and community-based services waivers and their families, and client advocacy organizations.
86.23 		Subd. 3.Proposal. By January 15, 2021, the commissioner shall develop a proposal to 
86.24 	reconfigure the medical assistance waivers provided in sections 256B.092 and 256B.49. 
86.25 	The proposal shall include all necessary plans for implementing two home and 
86.26 	community-based services waiver programs, as authorized under section 1915(c) of the 
86.27 	Social Security Act that serve persons who are determined to require the levels of care 
86.28 	provided in a nursing home, a hospital, a neurobehavioral hospital, or an intermediate care 
86.29 	facility for persons with developmental disabilities. The proposal must include in each home 
86.30 	and community-based waiver program options to self-direct services. Before submitting 
86.31 	the final report to the legislature, the commissioner shall publish a draft report with sufficient 
86.32 	time for interested persons to offer additional feedback.

86.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

87.1 	ARTICLE 4
87.2 	ASSESSMENT, CASE MANAGEMENT, AND SERVICE PLANNING 
87.3 	MODIFICATIONS

87.4 	Section 1. Minnesota Statutes 2019 Supplement, section 245D.071, subdivision 5, is 
87.5 	amended to read:
87.6 		Subd. 5.Service plan review and evaluation. (a) The license holder must give the 
87.7 	person or the person's legal representative and, case manager, and other people as identified 
87.8 	by the person or the person's legal representative, an opportunity to participate in the ongoing 
87.9 	review and development of the service plan and the methods used to support the person and 
87.10 	accomplish outcomes identified in subdivisions 3 and 4. At least once per year, or within 
87.11 	30 days of a written request by the person, the person's legal representative, or the case 
87.12 	manager, the license holder, in coordination with the person's support team or expanded 
87.13 	support team, must meet with the person, the person's legal representative, and the case 
87.14 	manager, and other people as identified by the person or the person's legal representative, 
87.15 	and participate in service plan review meetings following stated timelines established in 
87.16 	the person's coordinated service and support plan or coordinated service and support plan 
87.17 	addendum. The purpose of the service plan review is to determine whether changes are 
87.18 	needed to the service plan based on the assessment information, the license holder's evaluation 
87.19 	of progress towards toward accomplishing outcomes, or other information provided by the 
87.20 	support team or expanded support team.
87.21 	(b) At least once per year, the license holder, in coordination with the person's support 
87.22 	team or expanded support team, must meet with the person, the person's legal representative, 
87.23 	and the case manager, and other people as identified by the person or the person's legal 
87.24 	representative to discuss how technology might be used to meet the person's desired 
87.25 	outcomes. The coordinated service and support plan addendum must include a summary of 
87.26 	this discussion. The summary must include a statement regarding any decision made related 
87.27 	to the use of technology and a description of any further research that must be completed 
87.28 	before a decision regarding the use of technology can be made. Nothing in this paragraph 
87.29 	requires the coordinated service and support plan addendum to include the use of technology 
87.30 	for the provision of services.
87.31 	(c) At least once per year, the license holder, in coordination with the person's support 
87.32 	team or expanded support team, must meet with a person receiving residential supports and 
87.33 	services, the person's legal representative, the case manager, and other people as identified 
87.34 	by the person or the person's legal representative to discuss options for transitioning out of 
87.35 	a community setting controlled by a provider and into a setting not controlled by a provider.
88.1 	(d) The coordinated service and support plan addendum must include a summary of the 
88.2 	discussion required in paragraph (c). The summary must include a statement about any 
88.3 	decision made regarding transitioning out of a provider-controlled setting and a description 
88.4 	of any further research or education that must be completed before a decision regarding 
88.5 	transitioning out of a provider-controlled setting can be made.
88.6 	(e) At least once per year, the license holder, in coordination with the person's support 
88.7 	team or expanded support team, must meet with a person receiving day services, the person's 
88.8 	legal representative, the case manager, and other people as identified by the person or the 
88.9 	person's legal representative to discuss options for transitioning to an employment service 
88.10 	described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7).
88.11 	(f) The coordinated service and support plan addendum must include a summary of the 
88.12 	discussion required in paragraph (e). The summary must include a statement about any 
88.13 	decision made concerning transition to an employment service and a description of any 
88.14 	further research or education that must be completed before a decision regarding transitioning 
88.15 	to an employment service can be made.
88.16 	(g) The license holder must summarize the person's status and progress toward achieving 
88.17 	the identified outcomes and make recommendations and identify the rationale for changing, 
88.18 	continuing, or discontinuing implementation of supports and methods identified in 
88.19 	subdivision 4 in a report available at the time of the progress review meeting. The report 
88.20 	must be sent at least five working days prior to the progress review meeting if requested by 
88.21 	the team in the coordinated service and support plan or coordinated service and support 
88.22 	plan addendum.
88.23 	(d) (h) The license holder must send the coordinated service and support plan addendum 
88.24 	to the person, the person's legal representative, and the case manager by mail within ten 
88.25 	working days of the progress review meeting. Within ten working days of the mailing of 
88.26 	the coordinated service and support plan addendum, the license holder must obtain dated 
88.27 	signatures from the person or the person's legal representative and the case manager to 
88.28 	document approval of any changes to the coordinated service and support plan addendum.
88.29 	(e) (i) If, within ten working days of submitting changes to the coordinated service and 
88.30 	support plan and coordinated service and support plan addendum, the person or the person's 
88.31 	legal representative or case manager has not signed and returned to the license holder the 
88.32 	coordinated service and support plan or coordinated service and support plan addendum or 
88.33 	has not proposed written modifications to the license holder's submission, the submission 
88.34 	is deemed approved and the coordinated service and support plan addendum becomes 
89.1 	effective and remains in effect until the legal representative or case manager submits a 
89.2 	written request to revise the coordinated service and support plan addendum.

89.3 	Sec. 2. Minnesota Statutes 2018, section 256B.0911, subdivision 1, is amended to read:
89.4 		Subdivision 1.Purpose and goal. (a) The purpose of long-term care consultation services 
89.5 	is to assist persons with long-term or chronic care needs in making care decisions and 
89.6 	selecting support and service options that meet their needs and reflect their preferences. 
89.7 	The availability of, and access to, information and other types of assistance, including 
89.8 	long-term care consultation assessment and community support planning, is also intended 
89.9 	to prevent or delay institutional placements and to provide access to transition assistance 
89.10 	after admission placement. Further, the goal of these long-term care consultation services 
89.11 	is to contain costs associated with unnecessary institutional admissions. Long-term 
89.12 	consultation services must be available to any person regardless of public program eligibility.
89.13 	(b) The commissioner of human services shall seek to maximize use of available federal 
89.14 	and state funds and establish the broadest program possible within the funding available.
89.15 	(b) These (c) Long-term care consultation services must be coordinated with long-term 
89.16 	care options counseling provided under subdivision 4d, section 256.975, subdivisions 7 to 
89.17 	7c, and section 256.01, subdivision 24.
89.18 	(d) The lead agency providing long-term care consultation services shall encourage the 
89.19 	use of volunteers from families, religious organizations, social clubs, and similar civic and 
89.20 	service organizations to provide community-based services.

89.21 	Sec. 3. Minnesota Statutes 2019 Supplement, section 256B.0911, subdivision 1a, is 
89.22 	amended to read:
89.23 		Subd. 1a.Definitions. For purposes of this section, the following definitions apply:
89.24 	(a) Until additional requirements apply under paragraph (b), "long-term care consultation 
89.25 	services" means:
89.26 	(1) intake for and access to assistance in identifying services needed to maintain an 
89.27 	individual in the most inclusive environment;
89.28 	(2) providing recommendations for and referrals to cost-effective community services 
89.29 	that are available to the individual;
89.30 	(3) development of an individual's person-centered community support plan;
89.31 	(4) providing information regarding eligibility for Minnesota health care programs;
90.1 	(5) face-to-face long-term care consultation assessments, which may be completed in a 
90.2 	hospital, nursing facility, intermediate care facility for persons with developmental disabilities 
90.3 	(ICF/DDs), regional treatment centers, or the person's current or planned residence;
90.4 	(6) determination of home and community-based waiver and other service eligibility as 
90.5 	required under chapter 256S and sections 256B.0913, 256B.092, and 256B.49, including 
90.6 	level of care determination for individuals who need an institutional level of care as 
90.7 	determined under subdivision 4e, based on a long-term care consultation assessment and 
90.8 	community support plan development, appropriate referrals to obtain necessary diagnostic 
90.9 	information, and including an eligibility determination for consumer-directed community 
90.10 	supports;
90.11 	(7) providing recommendations for institutional placement when there are no 
90.12 	cost-effective community services available;
90.13 	(8) providing access to assistance to transition people back to community settings after 
90.14 	institutional admission; and
90.15 	(9) providing information about competitive employment, with or without supports, for 
90.16 	school-age youth and working-age adults and referrals to the Disability Linkage Line and 
90.17 	Disability Benefits 101 to ensure that an informed choice about competitive employment 
90.18 	can be made. For the purposes of this subdivision, "competitive employment" means work 
90.19 	in the competitive labor market that is performed on a full-time or part-time basis in an 
90.20 	integrated setting, and for which an individual is compensated at or above the minimum 
90.21 	wage, but not less than the customary wage and level of benefits paid by the employer for 
90.22 	the same or similar work performed by individuals without disabilities.;
90.23 	(10) providing information about independent living to ensure that an informed choice 
90.24 	about independent living can be made; and
90.25 	(11) providing information about self-directed services and supports, including 
90.26 	self-directed funding options, to ensure that an informed choice about self-directed options 
90.27 	can be made.
90.28 	(b) Upon statewide implementation of lead agency requirements in subdivisions 2b, 2c, 
90.29 	and 3a, "long-term care consultation services" also means:
90.30 	(1) service eligibility determination for the following state plan services identified in:
90.31 	(i) personal care assistance services under section 256B.0625, subdivisions 19a and 19c;
90.32 	(ii) consumer support grants under section 256.476; or
91.1 	(iii) community first services and supports under section 256B.85;
91.2 	(2) notwithstanding provisions in Minnesota Rules, parts 9525.0004 to 9525.0024, 
91.3 	gaining access to:
91.4 	(i) relocation targeted case management services available under sections section
91.5 	256B.0621, subdivision 2, clause (4),;
91.6 	(ii) case management services targeted to vulnerable adults or developmental disabilities 
91.7 	under section256B.0924,; and
91.8 	(iii) case management services targeted to people with developmental disabilities under 
91.9 	Minnesota Rules, part 9525.0016;
91.10 	(3) determination of eligibility for semi-independent living services under section 
91.11 	252.275; and
91.12 	(4) obtaining necessary diagnostic information to determine eligibility under clauses (2) 
91.13 	and (3).
91.14 	(c) "Long-term care options counseling" means the services provided by the linkage 
91.15 	lines as mandated by sections 256.01, subdivision 24, and 256.975, subdivision 7, and also 
91.16 	includes telephone assistance and follow up once a long-term care consultation assessment 
91.17 	has been completed.
91.18 	(d) "Minnesota health care programs" means the medical assistance program under this 
91.19 	chapter and the alternative care program under section 256B.0913.
91.20 	(e) "Lead agencies" means counties administering or tribes and health plans under 
91.21 	contract with the commissioner to administer long-term care consultation assessment and 
91.22 	support planning services.
91.23 	(f) "Person-centered planning" is a process that includes the active participation of a 
91.24 	person in the planning of the person's services, including in making meaningful and informed 
91.25 	choices about the person's own goals, talents, and objectives, as well as making meaningful 
91.26 	and informed choices about the services the person receives. For the purposes of this section,
91.27 	the settings in which the person receives the services, and the setting in which the person 
91.28 	lives.
91.29 	(g) "Informed choice" means a voluntary choice of services, settings, living arrangement, 
91.30 	and work by a person from all available service and setting options based on accurate and 
91.31 	complete information concerning all available service and setting options and concerning 
91.32 	the person's own preferences, abilities, goals, and objectives. In order for a person to make 
92.1 	an informed choice, all available options must be developed and presented to the person in 
92.2 	a way the person can understand to empower the person to make decisions fully informed 
92.3 	choices.
92.4 	(h) "Available service and setting options" or "available options," with respect to the 
92.5 	home and community-based waivers under chapter 256S and sections 256B.092 and 256B.49, 
92.6 	means all services and settings defined under the waiver plan for which a waiver applicant 
92.7 	or waiver participant is eligible.
92.8 	(i) "Independent living" means living in a setting that is not controlled by a provider.

92.9 	Sec. 4. Minnesota Statutes 2019 Supplement, section 256B.0911, subdivision 3a, is 
92.10 	amended to read:
92.11 		Subd. 3a.Assessment and support planning. (a) Persons requesting assessment, services 
92.12 	planning, or other assistance intended to support community-based living, including persons 
92.13 	who need assessment in order to determine waiver or alternative care program eligibility, 
92.14 	must be visited by a long-term care consultation team within 20 calendar days after the date 
92.15 	on which an assessment was requested or recommended. Upon statewide implementation 
92.16 	of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person 
92.17 	requesting personal care assistance services. The commissioner shall provide at least a 
92.18 	90-day notice to lead agencies prior to the effective date of this requirement. Face-to-face 
92.19 	assessments must be conducted according to paragraphs (b) to (i).
92.20 	(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified 
92.21 	assessors to conduct the assessment. For a person with complex health care needs, a public 
92.22 	health or registered nurse from the team must be consulted.
92.23 	(c) The MnCHOICES assessment provided by the commissioner to lead agencies must 
92.24 	be used to complete a comprehensive, conversation-based, person-centered assessment. 
92.25 	The assessment must include the health, psychological, functional, environmental, and 
92.26 	social needs of the individual necessary to develop a person-centered community support 
92.27 	plan that meets the individual's needs and preferences.
92.28 	(d) The assessment must be conducted by a certified assessor in a face-to-face 
92.29 	conversational interview with the person being assessed. The person's legal representative 
92.30 	must provide input during the assessment process and may do so remotely if requested. At 
92.31 	the request of the person, other individuals may participate in the assessment to provide 
92.32 	information on the needs, strengths, and preferences of the person necessary to develop a 
92.33 	community support plan that ensures the person's health and safety. Except for legal 
93.1 	representatives or family members invited by the person, persons participating in the 
93.2 	assessment may not be a provider of service or have any financial interest in the provision 
93.3 	of services. For persons who are to be assessed for elderly waiver customized living or adult 
93.4 	day services under chapter 256S, with the permission of the person being assessed or the 
93.5 	person's designated or legal representative, the client's current or proposed provider of 
93.6 	services may submit a copy of the provider's nursing assessment or written report outlining 
93.7 	its recommendations regarding the client's care needs. The person conducting the assessment 
93.8 	must notify the provider of the date by which this information is to be submitted. This 
93.9 	information shall be provided to the person conducting the assessment prior to the assessment. 
93.10 	For a person who is to be assessed for waiver services under section 256B.092 or 256B.49, 
93.11 	with the permission of the person being assessed or the person's designated legal 
93.12 	representative, the person's current provider of services may submit a written report outlining 
93.13 	recommendations regarding the person's care needs the person completed in consultation 
93.14 	with someone who is known to the person and has interaction with the person on a regular 
93.15 	basis. The provider must submit the report at least 60 days before the end of the person's 
93.16 	current service agreement. The certified assessor must consider the content of the submitted 
93.17 	report prior to finalizing the person's assessment or reassessment.
93.18 	(e) The certified assessor and the individual responsible for developing the coordinated 
93.19 	service and support plan must complete the community support plan and the coordinated 
93.20 	service and support plan no more than 60 calendar days from the assessment visit. The 
93.21 	person or the person's legal representative must be provided with a written community 
93.22 	support plan within the timelines established by the commissioner, regardless of whether 
93.23 	the person is eligible for Minnesota health care programs.
93.24 	(f) For a person being assessed for elderly waiver services under chapter 256S, a provider 
93.25 	who submitted information under paragraph (d) shall receive the final written community 
93.26 	support plan when available and the Residential Services Workbook.
93.27 	(g) The written community support plan must include:
93.28 	(1) a summary of assessed needs as defined in paragraphs (c) and (d);
93.29 	(2) the individual's options and choices to meet identified needs, including:
93.30 	(i) all available options for case management services and providers, including;
93.31 	(ii) all available options for employment services, settings, and providers;
93.32 	(iii) all available options for living arrangements;
94.1 	(iv) all available options for self-directed services and supports, including self-directed 
94.2 	budget options; and
94.3 	(v) service provided in a non-disability-specific setting;
94.4 	(3) identification of health and safety risks and how those risks will be addressed, 
94.5 	including personal risk management strategies;
94.6 	(4) referral information; and
94.7 	(5) informal caregiver supports, if applicable.
94.8 	For a person determined eligible for state plan home care under subdivision 1a, paragraph 
94.9 	(b), clause (1), the person or person's representative must also receive a copy of the home 
94.10 	care service plan developed by the certified assessor.
94.11 	(h) A person may request assistance in identifying community supports without 
94.12 	participating in a complete assessment. Upon a request for assistance identifying community 
94.13 	support, the person must be transferred or referred to long-term care options counseling 
94.14 	services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for 
94.15 	telephone assistance and follow up.
94.16 	(i) The person has the right to make the final decision:
94.17 	(1) between institutional placement and community placement after the recommendations 
94.18 	have been provided, except as provided in section 256.975, subdivision 7a, paragraph (d) 
94.19 	.;
94.20 	(2) between community placement in a setting controlled by a provider and living 
94.21 	independently in a setting not controlled by a provider;
94.22 	(3) between day services and employment services; and
94.23 	(4) regarding available options for self-directed services and supports, including 
94.24 	self-directed funding options.
94.25 	(j) The lead agency must give the person receiving assessment or support planning,
94.26 	long-term care consultation services or the person's legal representative, materials, and 
94.27 	forms supplied by the commissioner containing the following information:
94.28 	(1) written recommendations for community-based services and consumer-directed 
94.29 	options;
94.30 	(2) documentation that the most cost-effective alternatives available were offered to the 
94.31 	individual. For purposes of this clause, "cost-effective" means community services and 
95.1 	living arrangements that cost the same as or less than institutional care. For an individual 
95.2 	found to meet eligibility criteria for home and community-based service programs under 
95.3 	chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally 
95.4 	approved waiver plan for each program;
95.5 	(3) the need for and purpose of preadmission screening conducted by long-term care 
95.6 	options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects 
95.7 	nursing facility placement. If the individual selects nursing facility placement, the lead 
95.8 	agency shall forward information needed to complete the level of care determinations and 
95.9 	screening for developmental disability and mental illness collected during the assessment 
95.10 	to the long-term care options counselor using forms provided by the commissioner;
95.11 	(4) the role of long-term care consultation assessment and support planning in eligibility 
95.12 	determination for waiver and alternative care programs, and state plan home care, case 
95.13 	management, and other services as defined in subdivision 1a, paragraphs (a), clause (6), 
95.14 	and (b);
95.15 	(5) information about Minnesota health care programs;
95.16 	(6) the person's freedom to accept or reject the recommendations of the team;
95.17 	(7) the person's right to confidentiality under the Minnesota Government Data Practices 
95.18 	Act, chapter 13;
95.19 	(8) the certified assessor's decision regarding the person's need for institutional level of 
95.20 	care as determined under criteria established in subdivision 4e and the certified assessor's 
95.21 	decision regarding eligibility for all services and programs as defined in subdivision 1a, 
95.22 	paragraphs (a), clause (6), and (b); and
95.23 	(9) the person's right to appeal the certified assessor's decision regarding eligibility for 
95.24 	all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and 
95.25 	(8), and (b), and incorporating the decision regarding the need for institutional level of care 
95.26 	or the lead agency's final decisions regarding public programs eligibility according to section 
95.27 	256.045, subdivision 3. The certified assessor must verbally communicate this appeal right 
95.28 	to the person and must visually point out where in the document the right to appeal is stated.; 
95.29 	and
95.30 	(10) documentation that available options for employment services, independent living, 
95.31 	and self-directed services and supports were described to the individual.
95.32 	(k) Face-to-face assessment completed as part of an eligibility determination for multiple 
95.33 	programs for the alternative care, elderly waiver, developmental disabilities, community 
96.1 	access for disability inclusion, community alternative care, and brain injury waiver programs 
96.2 	under chapter 256S and sections 256B.0913, 256B.092, and 256B.49 is valid to establish 
96.3 	service eligibility for no more than 60 calendar days after the date of assessment.
96.4 	(l) The effective eligibility start date for programs in paragraph (k) can never be prior 
96.5 	to the date of assessment. If an assessment was completed more than 60 days before the 
96.6 	effective waiver or alternative care program eligibility start date, assessment and support 
96.7 	plan information must be updated and documented in the department's Medicaid Management 
96.8 	Information System (MMIS). Notwithstanding retroactive medical assistance coverage of 
96.9 	state plan services, the effective date of eligibility for programs included in paragraph (k) 
96.10 	cannot be prior to the date the most recent updated assessment is completed.
96.11 	(m) If an eligibility update is completed within 90 days of the previous face-to-face 
96.12 	assessment and documented in the department's Medicaid Management Information System 
96.13 	(MMIS), the effective date of eligibility for programs included in paragraph (k) is the date 
96.14 	of the previous face-to-face assessment when all other eligibility requirements are met.
96.15 	(n) At the time of reassessment, the certified assessor shall assess each person receiving 
96.16 	waiver residential supports and services currently residing in a community residential setting, 
96.17 	or licensed adult foster care home that is either not the primary residence of the license 
96.18 	holder, or in which the license holder is not the primary caregiver, family adult foster care 
96.19 	residence, customized living setting, or supervised living facility to determine if that person 
96.20 	would prefer to be served in a community-living setting as defined in section 256B.49, 
96.21 	subdivision 23, in a setting not controlled by a provider, or to receive integrated community 
96.22 	supports as described in section 245D.03, subdivision 1, paragraph (c), clause (8). The 
96.23 	certified assessor shall offer the person, through a person-centered planning process, the 
96.24 	option to receive alternative housing and service options.
96.25 	(o) At the time of reassessment, the certified assessor shall assess each person receiving 
96.26 	waiver day services to determine if that person would prefer to receive employment services 
96.27 	as described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7). The certified 
96.28 	assessor shall describe to the person through a person-centered planning process the option 
96.29 	to receive employment services.
96.30 	(p) At the time of reassessment, the certified assessor shall assess each person receiving 
96.31 	non-self-directed waiver services to determine if that person would prefer an available 
96.32 	service and setting option that would permit self-directed services and supports. The certified 
96.33 	assessor shall describe to the person through a person-centered planning process the option 
96.34 	to receive self-directed services and supports.

97.1 	Sec. 5. Minnesota Statutes 2019 Supplement, section 256B.0911, subdivision 3f, is amended 
97.2 	to read:
97.3 		Subd. 3f.Long-term care reassessments and community support plan updates. (a) 
97.4 	Prior to a face-to-face reassessment, the certified assessor must review the person's most 
97.5 	recent assessment. Reassessments must be tailored using the professional judgment of the 
97.6 	assessor to the person's known needs, strengths, preferences, and circumstances. 
97.7 	Reassessments provide information to support the person's informed choice and opportunities 
97.8 	to express choice regarding activities that contribute to quality of life, as well as information 
97.9 	and opportunity to identify goals related to desired employment, community activities, and 
97.10 	preferred living environment. Reassessments require a review of the most recent assessment, 
97.11 	review of the current coordinated service and support plan's effectiveness, monitoring of 
97.12 	services, and the development of an updated person-centered community support plan. 
97.13 	Reassessments must verify continued eligibility or, offer alternatives as warranted, and 
97.14 	provide an opportunity for quality assurance of service delivery. Face-to-face reassessments 
97.15 	must be conducted annually or as required by federal and state laws and rules. For 
97.16 	reassessments, the certified assessor and the individual responsible for developing the 
97.17 	coordinated service and support plan must ensure the continuity of care for the person 
97.18 	receiving services and complete the updated community support plan and the updated 
97.19 	coordinated service and support plan no more than 60 days from the reassessment visit.
97.20 	(b) The commissioner shall develop mechanisms for providers and case managers to 
97.21 	share information with the assessor to facilitate a reassessment and support planning process 
97.22 	tailored to the person's current needs and preferences.

97.23 	Sec. 6. Minnesota Statutes 2018, section 256B.092, subdivision 1a, is amended to read:
97.24 		Subd. 1a.Case management services. (a) Each recipient of a home and community-based 
97.25 	waiver shall be provided case management services by qualified vendors as described in 
97.26 	the federally approved waiver application.
97.27 	(b) Case management service activities provided to or arranged for a person include:
97.28 	(1) development of the person-centered coordinated service and support plan under 
97.29 	subdivision 1b;
97.30 	(2) informing the individual or the individual's legal guardian or conservator, or parent 
97.31 	if the person is a minor, of service options, including all service options available under the 
97.32 	waiver plan;
97.33 	(3) consulting with relevant medical experts or service providers;
98.1 	(4) assisting the person in the identification of potential providers of chosen services, 
98.2 	including:
98.3 	(i) providers of services provided in a non-disability-specific setting;
98.4 	(ii) employment service providers;
98.5 	(iii) providers of services provided in settings that are not controlled by a provider; and
98.6 	(iv) providers of financial management services;
98.7 	(5) assisting the person to access services and assisting in appeals under section 256.045;
98.8 	(6) coordination of services, if coordination is not provided by another service provider;
98.9 	(7) evaluation and monitoring of the services identified in the coordinated service and 
98.10 	support plan, which must incorporate at least one annual face-to-face visit by the case 
98.11 	manager with each person; and
98.12 	(8) reviewing coordinated service and support plans and providing the lead agency with 
98.13 	recommendations for service authorization based upon the individual's needs identified in 
98.14 	the coordinated service and support plan.
98.15 	(c) Case management service activities that are provided to the person with a 
98.16 	developmental disability shall be provided directly by county agencies or under contract. 
98.17 	Case management services must be provided by a public or private agency that is enrolled 
98.18 	as a medical assistance provider determined by the commissioner to meet all of the 
98.19 	requirements in the approved federal waiver plans. Case management services must not be 
98.20 	provided to a recipient by a private agency that has a financial interest in the provision of 
98.21 	any other services included in the recipient's coordinated service and support plan. For 
98.22 	purposes of this section, "private agency" means any agency that is not identified as a lead 
98.23 	agency under section 256B.0911, subdivision 1a, paragraph (e).
98.24 	(d) Case managers are responsible for service provisions listed in paragraphs (a) and 
98.25 	(b). Case managers shall collaborate with consumers, families, legal representatives, and 
98.26 	relevant medical experts and service providers in the development and annual review of the 
98.27 	person-centered coordinated service and support plan and habilitation plan.
98.28 	(e) For persons who need a positive support transition plan as required in chapter 245D, 
98.29 	the case manager shall participate in the development and ongoing evaluation of the plan 
98.30 	with the expanded support team. At least quarterly, the case manager, in consultation with 
98.31 	the expanded support team, shall evaluate the effectiveness of the plan based on progress 
98.32 	evaluation data submitted by the licensed provider to the case manager. The evaluation must 
99.1 	identify whether the plan has been developed and implemented in a manner to achieve the 
99.2 	following within the required timelines:
99.3 	(1) phasing out the use of prohibited procedures;
99.4 	(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's 
99.5 	timeline; and
99.6 	(3) accomplishment of identified outcomes.
99.7 	If adequate progress is not being made, the case manager shall consult with the person's 
99.8 	expanded support team to identify needed modifications and whether additional professional 
99.9 	support is required to provide consultation.
99.10 	(f) The Department of Human Services shall offer ongoing education in case management 
99.11 	to case managers. Case managers shall receive no less than ten hours of case management 
99.12 	education and disability-related training each year. The education and training must include 
99.13 	person-centered planning. For the purposes of this section, "person-centered planning" or 
99.14 	"person-centered" has the meaning given in section 256B.0911, subdivision 1a, paragraph 
99.15 	(f).

99.16 	Sec. 7. Minnesota Statutes 2019 Supplement, section 256B.092, subdivision 1b, is amended 
99.17 	to read:
99.18 		Subd. 1b.Coordinated service and support plan. (a) Each recipient of home and 
99.19 	community-based waivered services shall be provided a copy of the written person-centered 
99.20 	coordinated service and support plan that:
99.21 	(1) is developed with and signed by the recipient within the timelines established by the 
99.22 	commissioner and section 256B.0911, subdivision 3a, paragraph (e);
99.23 	(2) includes the person's need for service, including identification of service needs that 
99.24 	will be or that are met by the person's relatives, friends, and others, as well as community 
99.25 	services used by the general public;
99.26 	(3) reasonably ensures the health and welfare of the recipient;
99.27 	(4) identifies the person's preferences for services as stated by the person, the person's 
99.28 	legal guardian or conservator, or the parent if the person is a minor, including the person's 
99.29 	choices made on self-directed options and on, services and supports to achieve employment 
99.30 	goals, and living arrangements;
100.1 	(5) provides for an informed choice, as defined in section 256B.77, subdivision 2, 
100.2 	paragraph (o), of service and support providers, and identifies all available options for case 
100.3 	management services and providers;
100.4 	(6) identifies long-range and short-range goals for the person;
100.5 	(7) identifies specific services and the amount and frequency of the services to be provided 
100.6 	to the person based on assessed needs, preferences, and available resources. The 
100.7 	person-centered coordinated service and support plan shall also specify other services the 
100.8 	person needs that are not available;
100.9 	(8) identifies the need for an individual program plan to be developed by the provider 
100.10 	according to the respective state and federal licensing and certification standards, and 
100.11 	additional assessments to be completed or arranged by the provider after service initiation;
100.12 	(9) identifies provider responsibilities to implement and make recommendations for 
100.13 	modification to the coordinated service and support plan;
100.14 	(10) includes notice of the right to request a conciliation conference or a hearing under 
100.15 	section 256.045;
100.16 	(11) is agreed upon and signed by the person, the person's legal guardian or conservator, 
100.17 	or the parent if the person is a minor, and the authorized county representative;
100.18 	(12) is reviewed by a health professional if the person has overriding medical needs that 
100.19 	impact the delivery of services; and
100.20 	(13) includes the authorized annual and monthly amounts for the services.
100.21 	(b) In developing the person-centered coordinated service and support plan, the case 
100.22 	manager is encouraged to include the use of volunteers, religious organizations, social clubs, 
100.23 	and civic and service organizations to support the individual in the community. The lead 
100.24 	agency must be held harmless for damages or injuries sustained through the use of volunteers 
100.25 	and agencies under this paragraph, including workers' compensation liability.
100.26 	(c) Approved, written, and signed changes to a consumer's services that meet the criteria 
100.27 	in this subdivision shall be an addendum to that consumer's individual service plan.

100.28 	Sec. 8. Minnesota Statutes 2019 Supplement, section 256B.49, subdivision 13, is amended 
100.29 	to read:
100.30 		Subd. 13.Case management. (a) Each recipient of a home and community-based waiver 
100.31 	shall be provided case management services by qualified vendors as described in the federally 
100.32 	approved waiver application. The case management service activities provided must include:
101.1 	(1) finalizing the person-centered written coordinated service and support plan within 
101.2 	the timelines established by the commissioner and section 256B.0911, subdivision 3a, 
101.3 	paragraph (e);
101.4 	(2) informing the recipient or the recipient's legal guardian or conservator of service 
101.5 	options, including all service options available under the waiver plans;
101.6 	(3) assisting the recipient in the identification of potential service providers and of chosen 
101.7 	services, including:
101.8 	(i) available options for case management service and providers, including;
101.9 	(ii) providers of services provided in a non-disability-specific setting;
101.10 	(iii) employment service providers;
101.11 	(iv) providers of services provided in settings that are not community residential settings; 
101.12 	and
101.13 	(v) providers of financial management services;
101.14 	(4) assisting the recipient to access services and assisting with appeals under section 
101.15 	256.045; and
101.16 	(5) coordinating, evaluating, and monitoring of the services identified in the service 
101.17 	plan.
101.18 	(b) The case manager may delegate certain aspects of the case management service 
101.19 	activities to another individual provided there is oversight by the case manager. The case 
101.20 	manager may not delegate those aspects which require professional judgment including:
101.21 	(1) finalizing the person-centered coordinated service and support plan;
101.22 	(2) ongoing assessment and monitoring of the person's needs and adequacy of the 
101.23 	approved person-centered coordinated service and support plan; and
101.24 	(3) adjustments to the person-centered coordinated service and support plan.
101.25 	(c) Case management services must be provided by a public or private agency that is 
101.26 	enrolled as a medical assistance provider determined by the commissioner to meet all of 
101.27 	the requirements in the approved federal waiver plans. Case management services must not 
101.28 	be provided to a recipient by a private agency that has any financial interest in the provision 
101.29 	of any other services included in the recipient's coordinated service and support plan. For 
101.30 	purposes of this section, "private agency" means any agency that is not identified as a lead 
101.31 	agency under section 256B.0911, subdivision 1a, paragraph (e).
102.1 	(d) For persons who need a positive support transition plan as required in chapter 245D, 
102.2 	the case manager shall participate in the development and ongoing evaluation of the plan 
102.3 	with the expanded support team. At least quarterly, the case manager, in consultation with 
102.4 	the expanded support team, shall evaluate the effectiveness of the plan based on progress 
102.5 	evaluation data submitted by the licensed provider to the case manager. The evaluation must 
102.6 	identify whether the plan has been developed and implemented in a manner to achieve the 
102.7 	following within the required timelines:
102.8 	(1) phasing out the use of prohibited procedures;
102.9 	(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's 
102.10 	timeline; and
102.11 	(3) accomplishment of identified outcomes.
102.12 	If adequate progress is not being made, the case manager shall consult with the person's 
102.13 	expanded support team to identify needed modifications and whether additional professional 
102.14 	support is required to provide consultation.
102.15 	(e) The Department of Human Services shall offer ongoing education in case management 
102.16 	to case managers. Case managers shall receive no less than ten hours of case management 
102.17 	education and disability-related training each year. The education and training must include 
102.18 	person-centered planning. For the purposes of this section, "person-centered planning" or 
102.19 	"person-centered" has the meaning given in section 256B.0911, subdivision 1a, paragraph 
102.20 	(f).

102.21 	Sec. 9. Minnesota Statutes 2019 Supplement, section 256B.49, subdivision 14, is amended 
102.22 	to read:
102.23 		Subd. 14.Assessment and reassessment. (a) Assessments and reassessments shall be 
102.24 	conducted by certified assessors according to section 256B.0911, subdivision 2b. The 
102.25 	certified assessor, with the permission of the recipient or the recipient's designated legal 
102.26 	representative, may invite other individuals to attend the assessment. With the permission 
102.27 	of the recipient or the recipient's designated legal representative, the recipient's current 
102.28 	provider of services may submit a written report outlining their recommendations regarding 
102.29 	the recipient's care needs prepared by a direct service employee who is familiar with the 
102.30 	person. The provider must submit the report at least 60 days before the end of the person's 
102.31 	current service agreement. The certified assessor must consider the content of the submitted 
102.32 	report prior to finalizing the person's assessment or reassessment.
103.1 	(b) There must be a determination that the client requires a hospital level of care or a 
103.2 	nursing facility level of care as defined in section 256B.0911, subdivision 4e, at initial and 
103.3 	subsequent assessments to initiate and maintain participation in the waiver program.
103.4 	(c) Regardless of other assessments identified in section 144.0724, subdivision 4, as 
103.5 	appropriate to determine nursing facility level of care for purposes of medical assistance 
103.6 	payment for nursing facility services, only face-to-face assessments conducted according 
103.7 	to section 256B.0911, subdivisions 3a, 3b, and 4d, that result in a hospital level of care 
103.8 	determination or a nursing facility level of care determination must be accepted for purposes 
103.9 	of initial and ongoing access to waiver services payment.
103.10 	(d) Recipients who are found eligible for home and community-based services under 
103.11 	this section before their 65th birthday may remain eligible for these services after their 65th 
103.12 	birthday if they continue to meet all other eligibility factors.

103.13 	Sec. 10. Minnesota Statutes 2018, section 256B.49, subdivision 23, is amended to read:
103.14 		Subd. 23.Community-living settings. (a) For the purposes of this chapter, 
103.15 	"community-living settings" means a single-family home or apartment multifamily dwelling 
103.16 	unit where the a service recipient or their a service recipient's family owns or rents, and 
103.17 	maintains control over the individual unit as demonstrated by the a lease agreement, or has 
103.18 	a plan for transition of a lease from a service provider to the individual. Within two years 
103.19 	of signing the initial lease, the service provider shall transfer the lease to the individual. In 
103.20 	the event the landlord denies the transfer, the commissioner may approve an exception 
103.21 	within sufficient time to ensure the continued occupancy by the individual. Community-living 
103.22 	settings does not include a home or dwelling unit that the service provider owns, operates, 
103.23 	or leases or in which the service provider has a direct or indirect financial interest.
103.24 	(b) To ensure a service recipient or the service recipient's family maintains control over 
103.25 	the home or dwelling unit, community-living settings are subject to the following
103.26 	requirements:
103.27 	(1) individuals are service recipients must not be required to receive services or share 
103.28 	services;
103.29 	(2) individuals areservice recipients must not be required to have a disability or specific 
103.30 	diagnosis to live in the community-living setting;
103.31 	(3) individuals service recipients may hire service providers of their choice;
103.32 	(4) individualsservice recipients may choose whether to share their household and with 
103.33 	whom;
104.1 	(5) the home or apartment multifamily dwelling unit must include living, sleeping, 
104.2 	bathing, and cooking areas;
104.3 	(6) individuals service recipients must have lockable access and egress;
104.4 	(7) individuals service recipients must be free to receive visitors and leave the settings 
104.5 	at times and for durations of their own choosing;
104.6 	(8) leases must not reserve the right to assign units or change unit assignments comply 
104.7 	with chapter 504B; and
104.8 	(9) landlords must not charge different rents to tenants who are receiving home and 
104.9 	community-based services; and
104.10 	(10) access to the greater community must be easily facilitated based on the individual's
104.11 	service recipient's needs and preferences.
104.12 	(c) Nothing in this section prohibits a service recipient from having another person or 
104.13 	entity not affiliated with the service provider cosign a lease. Nothing in this section prohibits 
104.14 	a service recipient, during any period in which a service provider has cosigned the service 
104.15 	recipient's lease, from modifying services with an existing cosigning service provider and, 
104.16 	subject to the approval of the landlord, maintaining a lease cosigned by the service provider. 
104.17 	Nothing in this section prohibits a service recipient, during any period in which a service 
104.18 	provider has cosigned the service recipient's lease, from terminating services with the 
104.19 	cosigning service provider, receiving services from a new service provider, and, subject to 
104.20 	the approval of the landlord, maintaining a lease cosigned by the new service provider.
104.21 	(d) A lease cosigned by a service provider meets the requirements of paragraph (a) if 
104.22 	the service recipient and service provider develop and implement a transition plan which 
104.23 	must provide that, within two years of cosigning the initial lease, the service provider shall 
104.24 	transfer the lease to the service recipient and other cosigners, if any.
104.25 	(e) In the event the landlord has not approved the transfer of the lease within two years 
104.26 	of the service provider cosigning the initial lease, the service provider must submit a 
104.27 	time-limited extension request to the commissioner of human services to continue the 
104.28 	cosigned lease arrangement. The extension request must include:
104.29 	(1) the reason the landlord denied the transfer;
104.30 	(2) the plan to overcome the denial to transfer the lease;
104.31 	(3) the length of time needed to successfully transfer the lease, not to exceed an additional 
104.32 	two years;
105.1 	(4) a description of how the transition plan was followed, what occurred that led to the 
105.2 	landlord denying the transfer, and what changes in circumstances  or condition, if any, the 
105.3 	service recipient experienced; and
105.4 	(5) a revised transition plan to transfer the cosigned lease between the service provider 
105.5 	and the service recipient to the service recipient.
105.6 	The commissioner must approve an extension within sufficient time to ensure the continued 
105.7 	occupancy by the service recipient.

105.8 	ARTICLE 5
105.9 	DEPARTMENT OF HUMAN SERVICES POLICY PROPOSALS

105.10 	Section 1. Minnesota Statutes 2018, section 245.4871, is amended by adding a subdivision 
105.11 	to read:
105.12 		Subd. 32a.Responsible social services agency. "Responsible social services agency" 
105.13 	is defined in section 260C.007, subdivision 27a.

105.14 	EFFECTIVE DATE. This section is effective September 30, 2021.

105.15 	Sec. 2. Minnesota Statutes 2018, section 245.4885, subdivision 1, is amended to read:
105.16 		Subdivision 1.Admission criteria. (a) Prior to admission or placement, except in the 
105.17 	case of an emergency admission, all children referred for treatment of severe emotional 
105.18 	disturbance in a treatment foster care setting, residential treatment facility, or informally 
105.19 	admitted to a regional treatment center shall undergo an assessment to determine the 
105.20 	appropriate level of care if public funds are used to pay for the services.
105.21 	(b) The county board responsible social services agency shall determine the appropriate 
105.22 	level of care for a child when county-controlled funds are used to pay for the child's services
105.23 	or placement in a qualified residential treatment facility under chapter 260C and licensed 
105.24 	by the commissioner under chapter 245A. In accordance with section 260C.157, a juvenile 
105.25 	treatment screening team shall conduct a screening before the team may recommend whether 
105.26 	to place a child in a qualified residential treatment program as defined in section 260C.007, 
105.27 	subdivision 26d. When a social services agency does not have responsibility for a child's 
105.28 	placement and the child is enrolled in a prepaid health program under section 256B.69, the 
105.29 	enrolled child's contracted health plan must determine the appropriate level of care. When 
105.30 	Indian Health Services funds or funds of a tribally owned facility funded under the Indian 
105.31 	Self-Determination and Education Assistance Act, Public Law 93-638, are to be used, the 
105.32 	Indian Health Services or 638 tribal health facility must determine the appropriate level of 
106.1 	care. When more than one entity bears responsibility for coverage, the entities shall 
106.2 	coordinate level of care determination activities to the extent possible.
106.3 	(c) The responsible social services agency must make the level of care determination 
106.4 	shall available to the juvenile treatment screening team, as permitted under chapter 13. The 
106.5 	level of care determination shall inform the juvenile treatment screening team process and 
106.6 	the assessment in section 260C.704 when considering whether to place the child in a qualified 
106.7 	residential treatment program. When the responsible social services agency is not involved 
106.8 	in determining a child's placement, the child's level of care determination shall determine 
106.9 	whether the proposed treatment:
106.10 	(1) is necessary;
106.11 	(2) is appropriate to the child's individual treatment needs;
106.12 	(3) cannot be effectively provided in the child's home; and
106.13 	(4) provides a length of stay as short as possible consistent with the individual child's 
106.14 	need.
106.15 	(d) When a level of care determination is conducted, the responsible social services 
106.16 	agency or other entity may not determine that a screening under section 260C.157 or referral 
106.17 	or admission to a treatment foster care setting or residential treatment facility is not 
106.18 	appropriate solely because services were not first provided to the child in a less restrictive 
106.19 	setting and the child failed to make progress toward or meet treatment goals in the less 
106.20 	restrictive setting. The level of care determination must be based on a diagnostic assessment 
106.21 	that includes a functional assessment which evaluates family, school, and community living 
106.22 	situations; and an assessment of the child's need for care out of the home using a validated 
106.23 	tool which assesses a child's functional status and assigns an appropriate level of care. The 
106.24 	validated tool must be approved by the commissioner of human services. If a diagnostic 
106.25 	assessment including a functional assessment has been completed by a mental health 
106.26 	professional within the past 180 days, a new diagnostic assessment need not be completed 
106.27 	unless in the opinion of the current treating mental health professional the child's mental 
106.28 	health status has changed markedly since the assessment was completed. The child's parent 
106.29 	shall be notified if an assessment will not be completed and of the reasons. A copy of the 
106.30 	notice shall be placed in the child's file. Recommendations developed as part of the level 
106.31 	of care determination process shall include specific community services needed by the child 
106.32 	and, if appropriate, the child's family, and shall indicate whether or not these services are 
106.33 	available and accessible to the child and family.
107.1 	(e) During the level of care determination process, the child, child's family, or child's 
107.2 	legal representative, as appropriate, must be informed of the child's eligibility for case 
107.3 	management services and family community support services and that an individual family 
107.4 	community support plan is being developed by the case manager, if assigned.
107.5 	(f) The level of care determination shall comply with section 260C.212. The parent shall 
107.6 	be consulted in the process, unless clinically detrimental to the child. When the responsible 
107.7 	social services agency has authority, the agency must engage the child's parents in case 
107.8 	planning under sections 260C.212 and 260C.708 unless a court terminates the parent's rights 
107.9 	or court orders restrict the parent from participating in case planning, visitation, or parental 
107.10 	responsibilities.
107.11 	(g) The level of care determination, and placement decision, and recommendations for 
107.12 	mental health services must be documented in the child's record, as required in chapters 
107.13 	260C.

107.14 	EFFECTIVE DATE. This section is effective September 30, 2021.

107.15 	Sec. 3. Minnesota Statutes 2019 Supplement, section 245.4889, subdivision 1, is amended 
107.16 	to read:
107.17 		Subdivision 1.Establishment and authority. (a) The commissioner is authorized to 
107.18 	make grants from available appropriations to assist:
107.19 	(1) counties;
107.20 	(2) Indian tribes;
107.21 	(3) children's collaboratives under section 124D.23 or 245.493; or
107.22 	(4) mental health service providers.
107.23 	(b) The following services are eligible for grants under this section:
107.24 	(1) services to children with emotional disturbances as defined in section 245.4871, 
107.25 	subdivision 15, and their families;
107.26 	(2) transition services under section 245.4875, subdivision 8, for young adults under 
107.27 	age 21 and their families;
107.28 	(3) respite care services for children with emotional disturbances or severe emotional 
107.29 	disturbances who are at risk of out-of-home placement. A child is not required to have case 
107.30 	management services to receive respite care services;
107.31 	(4) children's mental health crisis services;
108.1 	(5) mental health services for people from cultural and ethnic minorities;
108.2 	(6) children's mental health screening and follow-up diagnostic assessment and treatment;
108.3 	(7) services to promote and develop the capacity of providers to use evidence-based 
108.4 	practices in providing children's mental health services;
108.5 	(8) school-linked mental health services under section 245.4901;
108.6 	(9) building evidence-based mental health intervention capacity for children birth to age 
108.7 	five;
108.8 	(10) suicide prevention and counseling services that use text messaging statewide;
108.9 	(11) mental health first aid training;
108.10 	(12) training for parents, collaborative partners, and mental health providers on the 
108.11 	impact of adverse childhood experiences and trauma and development of an interactive 
108.12 	website to share information and strategies to promote resilience and prevent trauma;
108.13 	(13) transition age services to develop or expand mental health treatment and supports 
108.14 	for adolescents and young adults 26 years of age or younger;
108.15 	(14) early childhood mental health consultation;
108.16 	(15) evidence-based interventions for youth at risk of developing or experiencing a first 
108.17 	episode of psychosis, and a public awareness campaign on the signs and symptoms of 
108.18 	psychosis;
108.19 	(16) psychiatric consultation for primary care practitioners; and
108.20 	(17) providers to begin operations and meet program requirements when establishing a 
108.21 	new children's mental health program. These may be start-up grants.
108.22 	(c) Services under paragraph (b) must be designed to help each child to function and 
108.23 	remain with the child's family in the community and delivered consistent with the child's 
108.24 	treatment plan. Transition services to eligible young adults under this paragraph must be 
108.25 	designed to foster independent living in the community.
108.26 	(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party 
108.27 	reimbursement sources, if applicable.

108.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

109.1 	Sec. 4. Minnesota Statutes 2019 Supplement, section 245A.03, subdivision 7, is amended 
109.2 	to read:
109.3 		Subd. 7.Licensing moratorium. (a) The commissioner shall not issue an initial license 
109.4 	for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult 
109.5 	foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter 
109.6 	for a physical location that will not be the primary residence of the license holder for the 
109.7 	entire period of licensure. If a license is issued during this moratorium, and the license 
109.8 	holder changes the license holder's primary residence away from the physical location of 
109.9 	the foster care license, the commissioner shall revoke the license according to section 
109.10 	245A.07. The commissioner shall not issue an initial license for a community residential 
109.11 	setting licensed under chapter 245D. When approving an exception under this paragraph, 
109.12 	the commissioner shall consider the resource need determination process in paragraph (h), 
109.13 	the availability of foster care licensed beds in the geographic area in which the licensee 
109.14 	seeks to operate, the results of a person's choices during their annual assessment and service 
109.15 	plan review, and the recommendation of the local county board. The determination by the 
109.16 	commissioner is final and not subject to appeal. Exceptions to the moratorium include:
109.17 	(1) foster care settings that are required to be registered under chapter 144D;
109.18 	(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or 
109.19 	community residential setting licenses replacing adult foster care licenses in existence on 
109.20 	December 31, 2013, and determined to be needed by the commissioner under paragraph 
109.21 	(b);
109.22 	(3) new foster care licenses or community residential setting licenses determined to be 
109.23 	needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, 
109.24 	or regional treatment center; restructuring of state-operated services that limits the capacity 
109.25 	of state-operated facilities; or allowing movement to the community for people who no 
109.26 	longer require the level of care provided in state-operated facilities as provided under section 
109.27 	256B.092, subdivision 13, or 256B.49, subdivision 24;
109.28 	(4) new foster care licenses or community residential setting licenses determined to be 
109.29 	needed by the commissioner under paragraph (b) for persons requiring hospital level care;
109.30 	or
109.31 	(5) new foster care licenses or community residential setting licenses determined to be 
109.32 	needed by the commissioner for the transition of people from personal care assistance to 
109.33 	the home and community-based services;
110.1 	(6) new foster care licenses or community residential setting licenses determined to be 
110.2 	needed by the commissioner for the transition of people from the residential care waiver 
110.3 	services to foster care services. This exception applies only when:
110.4 	(i) the person's case manager provided the person with information about the choice of 
110.5 	service, service provider, and location of service to help the person make an informed choice; 
110.6 	and
110.7 	(ii) the person's foster care services are less than or equal to the cost of the person's 
110.8 	services delivered in the residential care waiver service setting as determined by the lead 
110.9 	agency; or
110.10 	(7) new foster care licenses or community residential setting licenses for people receiving 
110.11 	services under chapter 245D and residing in an unlicensed setting before May 1, 2017, and 
110.12 	for which a license is required. This exception does not apply to people living in their own 
110.13 	home. For purposes of this clause, there is a presumption that a foster care or community 
110.14 	residential setting license is required for services provided to three or more people in a 
110.15 	dwelling unit when the setting is controlled by the provider. A license holder subject to this 
110.16 	exception may rebut the presumption that a license is required by seeking a reconsideration 
110.17 	of the commissioner's determination. The commissioner's disposition of a request for 
110.18 	reconsideration is final and not subject to appeal under chapter 14. The exception is available 
110.19 	until June 30, 2018. This exception is available when:
110.20 	(i) the person's case manager provided the person with information about the choice of 
110.21 	service, service provider, and location of service, including in the person's home, to help 
110.22 	the person make an informed choice; and
110.23 	(ii) the person's services provided in the licensed foster care or community residential 
110.24 	setting are less than or equal to the cost of the person's services delivered in the unlicensed 
110.25 	setting as determined by the lead agency.
110.26 	(b) The commissioner shall determine the need for newly licensed foster care homes or 
110.27 	community residential settings as defined under this subdivision. As part of the determination, 
110.28 	the commissioner shall consider the availability of foster care capacity in the area in which 
110.29 	the licensee seeks to operate, and the recommendation of the local county board. The 
110.30 	determination by the commissioner must be final. A determination of need is not required 
110.31 	for a change in ownership at the same address.
110.32 	(c) When an adult resident served by the program moves out of a foster home that is not 
110.33 	the primary residence of the license holder according to section 256B.49, subdivision 15, 
110.34 	paragraph (f), or the adult community residential setting, the county shall immediately 
111.1 	inform the Department of Human Services Licensing Division. The department may decrease 
111.2 	the statewide licensed capacity for adult foster care settings.
111.3 	(d) Residential settings that would otherwise be subject to the decreased license capacity 
111.4 	established in paragraph (c) shall be exempt if the license holder's beds are occupied by 
111.5 	residents whose primary diagnosis is mental illness and the license holder is certified under 
111.6 	the requirements in subdivision 6a or section 245D.33.
111.7 	(e) A resource need determination process, managed at the state level, using the available 
111.8 	reports required by section 144A.351, and other data and information shall be used to 
111.9 	determine where the reduced capacity determined under section 256B.493 will be 
111.10 	implemented. The commissioner shall consult with the stakeholders described in section 
111.11 	144A.351, and employ a variety of methods to improve the state's capacity to meet the 
111.12 	informed decisions of those people who want to move out of corporate foster care or 
111.13 	community residential settings, long-term service needs within budgetary limits, including 
111.14 	seeking proposals from service providers or lead agencies to change service type, capacity, 
111.15 	or location to improve services, increase the independence of residents, and better meet 
111.16 	needs identified by the long-term services and supports reports and statewide data and 
111.17 	information.
111.18 	(f) At the time of application and reapplication for licensure, the applicant and the license 
111.19 	holder that are subject to the moratorium or an exclusion established in paragraph (a) are 
111.20 	required to inform the commissioner whether the physical location where the foster care 
111.21 	will be provided is or will be the primary residence of the license holder for the entire period 
111.22 	of licensure. If the primary residence of the applicant or license holder changes, the applicant 
111.23 	or license holder must notify the commissioner immediately. The commissioner shall print 
111.24 	on the foster care license certificate whether or not the physical location is the primary 
111.25 	residence of the license holder.
111.26 	(g) License holders of foster care homes identified under paragraph (f) that are not the 
111.27 	primary residence of the license holder and that also provide services in the foster care home 
111.28 	that are covered by a federally approved home and community-based services waiver, as 
111.29 	authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human 
111.30 	services licensing division that the license holder provides or intends to provide these 
111.31 	waiver-funded services.
111.32 	(h) The commissioner may adjust capacity to address needs identified in section 
111.33 	144A.351. Under this authority, the commissioner may approve new licensed settings or 
111.34 	delicense existing settings. Delicensing of settings will be accomplished through a process 
112.1 	identified in section 256B.493. Annually, by August 1, the commissioner shall provide 
112.2 	information and data on capacity of licensed long-term services and supports, actions taken 
112.3 	under the subdivision to manage statewide long-term services and supports resources, and 
112.4 	any recommendations for change to the legislative committees with jurisdiction over the 
112.5 	health and human services budget.
112.6 	(i) The commissioner must notify a license holder when its corporate foster care or 
112.7 	community residential setting licensed beds are reduced under this section. The notice of 
112.8 	reduction of licensed beds must be in writing and delivered to the license holder by certified 
112.9 	mail or personal service. The notice must state why the licensed beds are reduced and must 
112.10 	inform the license holder of its right to request reconsideration by the commissioner. The 
112.11 	license holder's request for reconsideration must be in writing. If mailed, the request for 
112.12 	reconsideration must be postmarked and sent to the commissioner within 20 calendar days 
112.13 	after the license holder's receipt of the notice of reduction of licensed beds. If a request for 
112.14 	reconsideration is made by personal service, it must be received by the commissioner within 
112.15 	20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
112.16 	(j) The commissioner shall not issue an initial license for children's residential treatment 
112.17 	services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter 
112.18 	for a program that Centers for Medicare and Medicaid Services would consider an institution 
112.19 	for mental diseases. Facilities that serve only private pay clients are exempt from the 
112.20 	moratorium described in this paragraph. The commissioner has the authority to manage 
112.21 	existing statewide capacity for children's residential treatment services subject to the 
112.22 	moratorium under this paragraph and may issue an initial license for such facilities if the 
112.23 	initial license would not increase the statewide capacity for children's residential treatment 
112.24 	services subject to the moratorium under this paragraph.

112.25 	EFFECTIVE DATE. This section is effective the day following final enactment.

112.26 	Sec. 5. Minnesota Statutes 2018, section 245C.02, subdivision 5, is amended to read:
112.27 		Subd. 5.Background study. "Background study" means the review of records conducted 
112.28 	by the commissioner to determine whether a subject is disqualified from direct contact with 
112.29 	persons served by a program and, where specifically provided in statutes, whether a subject 
112.30 	is disqualified from having access to persons served by a program and from working in a 
112.31 	children's residential facility or foster residence setting.

113.1 	Sec. 6. Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision to 
113.2 	read:
113.3 		Subd. 11a.Foster family setting. "Foster family setting" has the meaning given in 
113.4 	Minnesota Rules, chapter 2960.3010, subpart 23.

113.5 	Sec. 7. Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision to 
113.6 	read:
113.7 		Subd. 11b.Foster residence setting. "Foster residence setting" has the meaning given 
113.8 	in Minnesota Rules, chapter 2960.3010, subpart 26, and includes settings licensed by the 
113.9 	commissioner of corrections or the commissioner of human services.

113.10 	Sec. 8. Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision to 
113.11 	read:
113.12 		Subd. 21.Title IV-E eligible. "Title IV-E eligible" means a children's residential facility 
113.13 	or foster residence setting that is designated by the commissioner as eligible to receive Title 
113.14 	IV-E payments for a child placed at the children's residential facility or foster residence 
113.15 	setting.

113.16 	Sec. 9. Minnesota Statutes 2019 Supplement, section 245C.03, subdivision 1, is amended 
113.17 	to read:
113.18 		Subdivision 1.Licensed programs. (a) The commissioner shall conduct a background 
113.19 	study on:
113.20 	(1) the person or persons applying for a license;
113.21 	(2) an individual age 13 and over living in the household where the licensed program 
113.22 	will be provided who is not receiving licensed services from the program;
113.23 	(3) current or prospective employees or contractors of the applicant who will have direct 
113.24 	contact with persons served by the facility, agency, or program;
113.25 	(4) volunteers or student volunteers who will have direct contact with persons served 
113.26 	by the program to provide program services if the contact is not under the continuous, direct 
113.27 	supervision by an individual listed in clause (1) or (3);
113.28 	(5) an individual age ten to 12 living in the household where the licensed services will 
113.29 	be provided when the commissioner has reasonable cause as defined in section 245C.02, 
113.30 	subdivision 15;
114.1 	(6) an individual who, without providing direct contact services at a licensed program, 
114.2 	may have unsupervised access to children or vulnerable adults receiving services from a 
114.3 	program, when the commissioner has reasonable cause as defined in section 245C.02, 
114.4 	subdivision 15;
114.5 	(7) all controlling individuals as defined in section 245A.02, subdivision 5a;
114.6 	(8) notwithstanding the other requirements in this subdivision, child care background 
114.7 	study subjects as defined in section 245C.02, subdivision 6a; and
114.8 	(9) notwithstanding clause (3), for children's residential facilities and foster residence 
114.9 	settings, any adult working in the facility, whether or not the individual will have direct 
114.10 	contact with persons served by the facility.
114.11 	(b) For child foster care when the license holder resides in the home where foster care 
114.12 	services are provided, a short-term substitute caregiver providing direct contact services for 
114.13 	a child for less than 72 hours of continuous care is not required to receive a background 
114.14 	study under this chapter.

114.15 	Sec. 10. Minnesota Statutes 2018, section 245C.03, is amended by adding a subdivision 
114.16 	to read:
114.17 		Subd. 13.Providers of housing support services. The commissioner shall conduct 
114.18 	background studies on any individual required under section 256B.051 to have a background 
114.19 	study completed under this chapter.

114.20 	Sec. 11. Minnesota Statutes 2018, section 245C.04, subdivision 1, as amended by Laws 
114.21 	2020, chapter 115, article 4, section 80, is amended to read:
114.22 		Subdivision 1.Licensed programs; other child care programs. (a) The commissioner 
114.23 	shall conduct a background study of an individual required to be studied under section 
114.24 	245C.03, subdivision 1, at least upon application for initial license for all license types.
114.25 	(b) The commissioner shall conduct a background study of an individual required to be 
114.26 	studied under section 245C.03, subdivision 1, including a child care background study 
114.27 	subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed 
114.28 	child care center, certified license-exempt child care center, or legal nonlicensed child care 
114.29 	provider, on a schedule determined by the commissioner. Except as provided in section 
114.30 	245C.05, subdivision 5a, a child care background study must include submission of 
114.31 	fingerprints for a national criminal history record check and a review of the information 
115.1 	under section 245C.08. A background study for a child care program must be repeated 
115.2 	within five years from the most recent study conducted under this paragraph.
115.3 	(c) At reapplication for a family child care license:
115.4 	(1) for a background study affiliated with a licensed family child care center or legal 
115.5 	nonlicensed child care provider, the individual shall provide information required under 
115.6 	section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the county agency, and be 
115.7 	fingerprinted and photographed under section 245C.05, subdivision 5;
115.8 	(2) the county agency shall verify the information received under clause (1) and forward 
115.9 	the information to the commissioner to complete the background study; and
115.10 	(3) the background study conducted by the commissioner under this paragraph must 
115.11 	include a review of the information required under section 245C.08.
115.12 	(d) The commissioner is not required to conduct a study of an individual at the time of 
115.13 	reapplication for a license if the individual's background study was completed by the 
115.14 	commissioner of human services and the following conditions are met:
115.15 	(1) a study of the individual was conducted either at the time of initial licensure or when 
115.16 	the individual became affiliated with the license holder;
115.17 	(2) the individual has been continuously affiliated with the license holder since the last 
115.18 	study was conducted; and
115.19 	(3) the last study of the individual was conducted on or after October 1, 1995.
115.20 	(e) The commissioner of human services shall conduct a background study of an 
115.21 	individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), 
115.22 	who is newly affiliated with a child foster care family setting license holder:
115.23 	(1) the county or private agency shall collect and forward to the commissioner the 
115.24 	information required under section 245C.05, subdivisions 1 and 5, when the child foster 
115.25 	care family setting applicant or license holder resides in the home where child foster care 
115.26 	services are provided; and
115.27 	(2) the child foster care license holder or applicant shall collect and forward to the 
115.28 	commissioner the information required under section 245C.05, subdivisions 1 and 5, when 
115.29 	the applicant or license holder does not reside in the home where child foster care services 
115.30 	are provided; and
116.1 	(3) (2) the background study conducted by the commissioner of human services under 
116.2 	this paragraph must include a review of the information required under section 245C.08, 
116.3 	subdivisions 1, 3, and 4.
116.4 	(f) The commissioner shall conduct a background study of an individual specified under 
116.5 	section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated 
116.6 	with an adult foster care or family adult day services and with a family child care license 
116.7 	holder or a legal nonlicensed child care provider authorized under chapter 119B and:
116.8 	(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and 
116.9 	forward to the commissioner the information required under section 245C.05, subdivision 
116.10 	1, paragraphs (a) and (b), and subdivision 5, paragraphs (a), (b), and (d), for background 
116.11 	studies conducted by the commissioner for all family adult day services, for adult foster 
116.12 	care when the adult foster care license holder resides in the adult foster care residence, and 
116.13 	for family child care and legal nonlicensed child care authorized under chapter 119B;
116.14 	(2) the license holder shall collect and forward to the commissioner the information 
116.15 	required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs 
116.16 	(a) and (b), for background studies conducted by the commissioner for adult foster care 
116.17 	when the license holder does not reside in the adult foster care residence; and
116.18 	(3) the background study conducted by the commissioner under this paragraph must 
116.19 	include a review of the information required under section 245C.08, subdivision 1, paragraph 
116.20 	(a), and subdivisions 3 and 4.
116.21 	(g) Applicants for licensure, license holders, and other entities as provided in this chapter 
116.22 	must submit completed background study requests to the commissioner using the electronic 
116.23 	system known as NETStudy before individuals specified in section 245C.03, subdivision 
116.24 	1, begin positions allowing direct contact in any licensed program.
116.25 	(h) For an individual who is not on the entity's active roster, the entity must initiate a 
116.26 	new background study through NETStudy when:
116.27 	(1) an individual returns to a position requiring a background study following an absence 
116.28 	of 120 or more consecutive days; or
116.29 	(2) a program that discontinued providing licensed direct contact services for 120 or 
116.30 	more consecutive days begins to provide direct contact licensed services again.
116.31 	The license holder shall maintain a copy of the notification provided to the commissioner 
116.32 	under this paragraph in the program's files. If the individual's disqualification was previously 
116.33 	set aside for the license holder's program and the new background study results in no new 
117.1 	information that indicates the individual may pose a risk of harm to persons receiving 
117.2 	services from the license holder, the previous set-aside shall remain in effect.
117.3 	(i) For purposes of this section, a physician licensed under chapter 147 or advanced 
117.4 	practice registered nurse licensed under chapter 148 is considered to be continuously affiliated 
117.5 	upon the license holder's receipt from the commissioner of health or human services of the 
117.6 	physician's or advanced practice registered nurse's background study results.
117.7 	(j) For purposes of family child care, a substitute caregiver must receive repeat 
117.8 	background studies at the time of each license renewal.
117.9 	(k) A repeat background study at the time of license renewal is not required if the family 
117.10 	child care substitute caregiver's background study was completed by the commissioner on 
117.11 	or after October 1, 2017, and the substitute caregiver is on the license holder's active roster 
117.12 	in NETStudy 2.0.
117.13 	(l) Before and after school programs authorized under chapter 119B, are exempt from 
117.14 	the background study requirements under section 123B.03, for an employee for whom a 
117.15 	background study under this chapter has been completed.

117.16 	Sec. 12. Minnesota Statutes 2018, section 245C.04, is amended by adding a subdivision 
117.17 	to read:
117.18 		Subd. 11.Children's residential facilities and foster residence settings. Applicants 
117.19 	and license holders for children's residential facilities and foster residence settings must 
117.20 	submit a background study request to the commissioner using the electronic system known 
117.21 	as NETStudy 2.0:
117.22 	(1) before the commissioner issues a license to an applicant;
117.23 	(2) before an individual age 13 or older, who is not currently receiving services from 
117.24 	the licensed facility or setting, may live in the licensed program or setting;
117.25 	(3) before a volunteer has unsupervised direct contact with persons that the program 
117.26 	serves;
117.27 	(4) before an individual becomes a controlling individual as defined in section 245A.02, 
117.28 	subdivision 5a;
117.29 	(5) before an adult, regardless of whether or not the individual will have direct contact 
117.30 	with persons served by the facility, begins working in the facility or setting;
117.31 	(6) when directed to by the commissioner for an individual who resides in the household 
117.32 	as described in section 245C.03, subdivision 1, paragraph (a), clause (5); and
118.1 	(7) when directed to by the commissioner for an individual who may have unsupervised 
118.2 	access to children or vulnerable adults as described in section 245C.03, subdivision 1, 
118.3 	paragraph (a), clause (6).

118.4 	Sec. 13. Minnesota Statutes 2019 Supplement, section 245C.05, subdivision 4, is amended 
118.5 	to read:
118.6 		Subd. 4.Electronic transmission. (a) For background studies conducted by the 
118.7 	Department of Human Services, the commissioner shall implement a secure system for the 
118.8 	electronic transmission of:
118.9 	(1) background study information to the commissioner;
118.10 	(2) background study results to the license holder;
118.11 	(3) background study results to county and private agencies counties for background 
118.12 	studies conducted by the commissioner for child foster care; and
118.13 	(4) background study results to county agencies for background studies conducted by 
118.14 	the commissioner for adult foster care and family adult day services and, upon 
118.15 	implementation of NETStudy 2.0, family child care and legal nonlicensed child care 
118.16 	authorized under chapter 119B.
118.17 	(b) Unless the commissioner has granted a hardship variance under paragraph (c), a 
118.18 	license holder or an applicant must use the electronic transmission system known as 
118.19 	NETStudy or NETStudy 2.0 to submit all requests for background studies to the 
118.20 	commissioner as required by this chapter.
118.21 	(c) A license holder or applicant whose program is located in an area in which high-speed 
118.22 	Internet is inaccessible may request the commissioner to grant a variance to the electronic 
118.23 	transmission requirement.
118.24 	(d) Section 245C.08, subdivision 3, paragraph (c), applies to results transmitted under 
118.25 	this subdivision.

118.26 	Sec. 14. Minnesota Statutes 2019 Supplement, section 245C.08, subdivision 1, is amended 
118.27 	to read:
118.28 		Subdivision 1.Background studies conducted by Department of Human Services. (a) 
118.29 	For a background study conducted by the Department of Human Services, the commissioner 
118.30 	shall review:
119.1 	(1) information related to names of substantiated perpetrators of maltreatment of 
119.2 	vulnerable adults that has been received by the commissioner as required under section 
119.3 	626.557, subdivision 9c, paragraph (j);
119.4 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
119.5 	programs, and from findings of maltreatment of minors as indicated through the social 
119.6 	service information system;
119.7 	(3) information from juvenile courts as required in subdivision 4 for individuals listed 
119.8 	in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
119.9 	(4) information from the Bureau of Criminal Apprehension, including information 
119.10 	regarding a background study subject's registration in Minnesota as a predatory offender 
119.11 	under section 243.166;
119.12 	(5) except as provided in clause (6), information received as a result of submission of 
119.13 	fingerprints for a national criminal history record check, as defined in section 245C.02, 
119.14 	subdivision 13c, when the commissioner has reasonable cause for a national criminal history 
119.15 	record check as defined under section 245C.02, subdivision 15a, or as required under section 
119.16 	144.057, subdivision 1, clause (2);
119.17 	(6) for a background study related to a child foster care family setting application for 
119.18 	licensure, foster residence settings, children's residential facilities, a transfer of permanent 
119.19 	legal and physical custody of a child under sections 260C.503 to 260C.515, or adoptions, 
119.20 	and for a background study required for family child care, certified license-exempt child 
119.21 	care, child care centers, and legal nonlicensed child care authorized under chapter 119B, 
119.22 	the commissioner shall also review:
119.23 	(i) information from the child abuse and neglect registry for any state in which the 
119.24 	background study subject has resided for the past five years;
119.25 	(ii) when the background study subject is 18 years of age or older, or a minor under 
119.26 	section 245C.05, subdivision 5a, paragraph (c), information received following submission 
119.27 	of fingerprints for a national criminal history record check; and
119.28 	(iii) when the background study subject is 18 years of age or older or a minor under 
119.29 	section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified 
119.30 	license-exempt child care, licensed child care centers, and legal nonlicensed child care 
119.31 	authorized under chapter 119B, information obtained using non-fingerprint-based data 
119.32 	including information from the criminal and sex offender registries for any state in which 
120.1 	the background study subject resided for the past five years and information from the national 
120.2 	crime information database and the national sex offender registry; and
120.3 	(7) for a background study required for family child care, certified license-exempt child 
120.4 	care centers, licensed child care centers, and legal nonlicensed child care authorized under 
120.5 	chapter 119B, the background study shall also include, to the extent practicable, a name 
120.6 	and date-of-birth search of the National Sex Offender Public website.
120.7 	(b) Notwithstanding expungement by a court, the commissioner may consider information 
120.8 	obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice 
120.9 	of the petition for expungement and the court order for expungement is directed specifically 
120.10 	to the commissioner.
120.11 	(c) The commissioner shall also review criminal case information received according 
120.12 	to section 245C.04, subdivision 4a, from the Minnesota court information system that relates 
120.13 	to individuals who have already been studied under this chapter and who remain affiliated 
120.14 	with the agency that initiated the background study.
120.15 	(d) When the commissioner has reasonable cause to believe that the identity of a 
120.16 	background study subject is uncertain, the commissioner may require the subject to provide 
120.17 	a set of classifiable fingerprints for purposes of completing a fingerprint-based record check 
120.18 	with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph 
120.19 	shall not be saved by the commissioner after they have been used to verify the identity of 
120.20 	the background study subject against the particular criminal record in question.
120.21 	(e) The commissioner may inform the entity that initiated a background study under 
120.22 	NETStudy 2.0 of the status of processing of the subject's fingerprints.

120.23 	Sec. 15. Minnesota Statutes 2018, section 245C.10, is amended by adding a subdivision 
120.24 	to read:
120.25 		Subd. 16.Providers of housing support services. The commissioner shall recover the 
120.26 	cost of background studies initiated by providers of housing support services under section 
120.27 	256B.051 through a fee of no more than $20 per study. The fees collected under this 
120.28 	subdivision are appropriated to the commissioner for the purpose of conducting background 
120.29 	studies.

121.1 	Sec. 16. Minnesota Statutes 2019 Supplement, section 245C.13, subdivision 2, is amended 
121.2 	to read:
121.3 		Subd. 2.Direct contact Activities pending completion of background study. The 
121.4 	subject of a background study may not perform any activity requiring a background study 
121.5 	under paragraph (c) until the commissioner has issued one of the notices under paragraph 
121.6 	(a).
121.7 	(a) Notices from the commissioner required prior to activity under paragraph (b) (c)
121.8 	include:
121.9 	(1) a notice of the study results under section 245C.17 stating that:
121.10 	(i) the individual is not disqualified; or
121.11 	(ii) more time is needed to complete the study but the individual is not required to be 
121.12 	removed from direct contact or access to people receiving services prior to completion of 
121.13 	the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice 
121.14 	that more time is needed to complete the study must also indicate whether the individual is 
121.15 	required to be under continuous direct supervision prior to completion of the background 
121.16 	study. When more time is necessary to complete a background study of an individual 
121.17 	affiliated with a Title IV-E eligible children's residential facility or foster residence setting, 
121.18 	the individual may not work in the facility or setting regardless of whether or not the 
121.19 	individual is supervised;
121.20 	(2) a notice that a disqualification has been set aside under section 245C.23; or
121.21 	(3) a notice that a variance has been granted related to the individual under section 
121.22 	245C.30.
121.23 	(b) For a background study affiliated with a licensed child care center or certified 
121.24 	license-exempt child care center, the notice sent under paragraph (a), clause (1), item (ii), 
121.25 	must require the individual to be under continuous direct supervision prior to completion 
121.26 	of the background study except as permitted in subdivision 3.
121.27 	(c) Activities prohibited prior to receipt of notice under paragraph (a) include:
121.28 	(1) being issued a license;
121.29 	(2) living in the household where the licensed program will be provided;
121.30 	(3) providing direct contact services to persons served by a program unless the subject 
121.31 	is under continuous direct supervision;
122.1 	(4) having access to persons receiving services if the background study was completed 
122.2 	under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2), 
122.3 	(5), or (6), unless the subject is under continuous direct supervision; or
122.4 	(5) for licensed child care centers and certified license-exempt child care centers, 
122.5 	providing direct contact services to persons served by the program.; or
122.6 	(6) for children's residential facilities or foster residence settings, working in the facility 
122.7 	or setting.

122.8 	Sec. 17. Minnesota Statutes 2018, section 245C.14, is amended by adding a subdivision 
122.9 	to read:
122.10 		Subd. 3.Disqualification from working in children's residential facilities and foster 
122.11 	residence settings. (a) For a background study affiliated with a children's residential facility 
122.12 	or foster residence setting, if an individual is disqualified from direct contact under 
122.13 	subdivision 1, the commissioner must also disqualify the individual from working in the 
122.14 	children's residential facility or foster residence setting and from having access to a person 
122.15 	receiving services from the facility or setting.
122.16 	(b) Notwithstanding any other requirement of this chapter, for a background study 
122.17 	affiliated with a Title IV-E eligible children's residential facility or foster residence setting, 
122.18 	if an individual is disqualified, the individual may not work in the facility or setting until 
122.19 	the commissioner has issued a notice stating that:
122.20 	(1) the individual is not disqualified;
122.21 	(2) a disqualification has been set aside under section 245C.23; or
122.22 	(3) a variance has been granted related to the individual under section 245C.30.

122.23 	Sec. 18. Minnesota Statutes 2018, section 245C.16, subdivision 1, is amended to read:
122.24 		Subdivision 1.Determining immediate risk of harm. (a) If the commissioner determines 
122.25 	that the individual studied has a disqualifying characteristic, the commissioner shall review 
122.26 	the information immediately available and make a determination as to the subject's immediate 
122.27 	risk of harm to persons served by the program where the individual studied will have direct 
122.28 	contact with, or access to, people receiving services.
122.29 	(b) The commissioner shall consider all relevant information available, including the 
122.30 	following factors in determining the immediate risk of harm:
122.31 	(1) the recency of the disqualifying characteristic;
123.1 	(2) the recency of discharge from probation for the crimes;
123.2 	(3) the number of disqualifying characteristics;
123.3 	(4) the intrusiveness or violence of the disqualifying characteristic;
123.4 	(5) the vulnerability of the victim involved in the disqualifying characteristic;
123.5 	(6) the similarity of the victim to the persons served by the program where the individual 
123.6 	studied will have direct contact;
123.7 	(7) whether the individual has a disqualification from a previous background study that 
123.8 	has not been set aside; and
123.9 	(8) if the individual has a disqualification which may not be set aside because it is a 
123.10 	permanent bar under section 245C.24, subdivision 1, or the individual is a child care 
123.11 	background study subject who has a felony-level conviction for a drug-related offense in 
123.12 	the last five years, the commissioner may order the immediate removal of the individual 
123.13 	from any position allowing direct contact with, or access to, persons receiving services from 
123.14 	the program and from working in a children's residential facility or foster residence setting.
123.15 	(c) This section does not apply when the subject of a background study is regulated by 
123.16 	a health-related licensing board as defined in chapter 214, and the subject is determined to 
123.17 	be responsible for substantiated maltreatment under section 626.556 or 626.557.
123.18 	(d) This section does not apply to a background study related to an initial application 
123.19 	for a child foster care family setting license.
123.20 	(e) Except for paragraph (f), this section does not apply to a background study that is 
123.21 	also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a 
123.22 	personal care assistant or a qualified professional as defined in section 256B.0659, 
123.23 	subdivision 1.
123.24 	(f) If the commissioner has reason to believe, based on arrest information or an active 
123.25 	maltreatment investigation, that an individual poses an imminent risk of harm to persons 
123.26 	receiving services, the commissioner may order that the person be continuously supervised 
123.27 	or immediately removed pending the conclusion of the maltreatment investigation or criminal 
123.28 	proceedings.

123.29 	Sec. 19. Minnesota Statutes 2018, section 245C.16, subdivision 2, is amended to read:
123.30 		Subd. 2.Findings. (a) After evaluating the information immediately available under 
123.31 	subdivision 1, the commissioner may have reason to believe one of the following:
124.1 	(1) the individual poses an imminent risk of harm to persons served by the program 
124.2 	where the individual studied will have direct contact or access to persons served by the 
124.3 	program or where the individual studied will work;
124.4 	(2) the individual poses a risk of harm requiring continuous, direct supervision while 
124.5 	providing direct contact services during the period in which the subject may request a 
124.6 	reconsideration; or
124.7 	(3) the individual does not pose an imminent risk of harm or a risk of harm requiring 
124.8 	continuous, direct supervision while providing direct contact services during the period in 
124.9 	which the subject may request a reconsideration.
124.10 	(b) After determining an individual's risk of harm under this section, the commissioner 
124.11 	must notify the subject of the background study and the applicant or license holder as 
124.12 	required under section 245C.17.
124.13 	(c) For Title IV-E eligible children's residential facilities and foster residence settings, 
124.14 	the commissioner is prohibited from making the findings in paragraph (a), clause (2) or (3).

124.15 	Sec. 20. Minnesota Statutes 2018, section 245C.17, subdivision 1, is amended to read:
124.16 		Subdivision 1.Time frame for notice of study results and auditing system access. (a) 
124.17 	Within three working days after the commissioner's receipt of a request for a background 
124.18 	study submitted through the commissioner's NETStudy or NETStudy 2.0 system, the 
124.19 	commissioner shall notify the background study subject and the license holder or other 
124.20 	entity as provided in this chapter in writing or by electronic transmission of the results of 
124.21 	the study or that more time is needed to complete the study. The notice to the individual 
124.22 	shall include the identity of the entity that initiated the background study.
124.23 	(b) Before being provided access to NETStudy 2.0, the license holder or other entity 
124.24 	under section 245C.04 shall sign an acknowledgment of responsibilities form developed 
124.25 	by the commissioner that includes identifying the sensitive background study information 
124.26 	person, who must be an employee of the license holder or entity. All queries to NETStudy 
124.27 	2.0 are electronically recorded and subject to audit by the commissioner. The electronic 
124.28 	record shall identify the specific user. A background study subject may request in writing 
124.29 	to the commissioner a report listing the entities that initiated a background study on the 
124.30 	individual.
124.31 	(c) When the commissioner has completed a prior background study on an individual 
124.32 	that resulted in an order for immediate removal and more time is necessary to complete a 
124.33 	subsequent study, the notice that more time is needed that is issued under paragraph (a) 
125.1 	shall include an order for immediate removal of the individual from any position allowing 
125.2 	direct contact with or access to people receiving services and from working in a children's 
125.3 	residential facility or foster residence setting pending completion of the background study.

125.4 	Sec. 21. Minnesota Statutes 2018, section 245C.17, is amended by adding a subdivision 
125.5 	to read:
125.6 		Subd. 7.Disqualification notice to children's residential facilities and foster residence 
125.7 	settings. (a) For children's residential facilities and foster residence settings, all notices 
125.8 	under this section that order the license holder to immediately remove the individual studied 
125.9 	from any position allowing direct contact with, or access to a person served by the program, 
125.10 	must also order the license holder to immediately remove the individual studied from working 
125.11 	in the program, facility, or setting.
125.12 	(b) For Title IV-E eligible children's residential facilities and foster residence settings, 
125.13 	notices under this section must not allow an individual to work in the program, facility, or 
125.14 	setting under supervision.

125.15 	Sec. 22. Minnesota Statutes 2018, section 245C.18, is amended to read:
125.16 	245C.18 OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL FROM 
125.17 	DIRECT CONTACT AND FROM WORKING IN A PROGRAM, FACILITY, OR 
125.18 	SETTING.
125.19 	(a) Upon receipt of notice from the commissioner, the license holder must remove a 
125.20 	disqualified individual from direct contact with persons served by the licensed program if:
125.21 	(1) the individual does not request reconsideration under section 245C.21 within the 
125.22 	prescribed time;
125.23 	(2) the individual submits a timely request for reconsideration, the commissioner does 
125.24 	not set aside the disqualification under section 245C.22, subdivision 4, and the individual 
125.25 	does not submit a timely request for a hearing under sections 245C.27 and 256.045, or 
125.26 	245C.28 and chapter 14; or
125.27 	(3) the individual submits a timely request for a hearing under sections 245C.27 and 
125.28 	256.045, or 245C.28 and chapter 14, and the commissioner does not set aside or rescind the 
125.29 	disqualification under section 245A.08, subdivision 5, or 256.045.
125.30 	(b) For children's residential facility and foster residence setting license holders, upon 
125.31 	receipt of notice from the commissioner under paragraph (a), the license holder must also 
126.1 	remove the disqualified individual from working in the program, facility, or setting and 
126.2 	from access to persons served by the licensed program.
126.3 	(c) For Title IV-E eligible children's residential facility and foster residence setting 
126.4 	license holders, upon receipt of notice from the commissioner under paragraph (a), the 
126.5 	license holder must also remove the disqualified individual from working in the program 
126.6 	and from access to persons served by the program and must not allow the individual to work 
126.7 	in the facility or setting until the commissioner has issued a notice stating that:
126.8 	(1) the individual is not disqualified;
126.9 	(2) a disqualification has been set aside under section 245C.23; or
126.10 	(3) a variance has been granted related to the individual under section 245C.30.

126.11 	Sec. 23. Minnesota Statutes 2018, section 245D.04, subdivision 3, is amended to read:
126.12 		Subd. 3.Protection-related rights. (a) A person's protection-related rights include the 
126.13 	right to:
126.14 	(1) have personal, financial, service, health, and medical information kept private, and 
126.15 	be advised of disclosure of this information by the license holder;
126.16 	(2) access records and recorded information about the person in accordance with 
126.17 	applicable state and federal law, regulation, or rule;
126.18 	(3) be free from maltreatment;
126.19 	(4) be free from restraint, time out, seclusion, restrictive intervention, or other prohibited 
126.20 	procedure identified in section 245D.06, subdivision 5, or successor provisions, except for: 
126.21 	(i) emergency use of manual restraint to protect the person from imminent danger to self 
126.22 	or others according to the requirements in section 245D.061 or successor provisions; or (ii) 
126.23 	the use of safety interventions as part of a positive support transition plan under section 
126.24 	245D.06, subdivision 8, or successor provisions;
126.25 	(5) receive services in a clean and safe environment when the license holder is the owner, 
126.26 	lessor, or tenant of the service site;
126.27 	(6) be treated with courtesy and respect and receive respectful treatment of the person's 
126.28 	property;
126.29 	(7) reasonable observance of cultural and ethnic practice and religion;
126.30 	(8) be free from bias and harassment regarding race, gender, age, disability, spirituality, 
126.31 	and sexual orientation;
127.1 	(9) be informed of and use the license holder's grievance policy and procedures, including 
127.2 	knowing how to contact persons responsible for addressing problems and to appeal under 
127.3 	section 256.045;
127.4 	(10) know the name, telephone number, and the website, e-mail, and street addresses of 
127.5 	protection and advocacy services, including the appropriate state-appointed ombudsman, 
127.6 	and a brief description of how to file a complaint with these offices;
127.7 	(11) assert these rights personally, or have them asserted by the person's family, 
127.8 	authorized representative, or legal representative, without retaliation;
127.9 	(12) give or withhold written informed consent to participate in any research or 
127.10 	experimental treatment;
127.11 	(13) associate with other persons of the person's choice, in the community;
127.12 	(14) personal privacy, including the right to use the lock on the person's bedroom or unit 
127.13 	door;
127.14 	(15) engage in chosen activities; and
127.15 	(16) access to the person's personal possessions at any time, including financial resources.
127.16 	(b) For a person residing in a residential site licensed according to chapter 245A, or 
127.17 	where the license holder is the owner, lessor, or tenant of the residential service site, 
127.18 	protection-related rights also include the right to:
127.19 	(1) have daily, private access to and use of a non-coin-operated telephone for local calls 
127.20 	and long-distance calls made collect or paid for by the person;
127.21 	(2) receive and send, without interference, uncensored, unopened mail or electronic 
127.22 	correspondence or communication;
127.23 	(3) have use of and free access to common areas in the residence and the freedom to 
127.24 	come and go from the residence at will;
127.25 	(4) choose the person's visitors and time of visits and have privacy for visits with the 
127.26 	person's spouse, next of kin, legal counsel, religious adviser, or others, in accordance with 
127.27 	section 363A.09 of the Human Rights Act, including privacy in the person's bedroom;
127.28 	(5) have access to three nutritionally balanced meals and nutritious snacks between 
127.29 	meals each day;
127.30 	(6) have freedom and support to access food and potable water at any time;
127.31 	(7) have the freedom to furnish and decorate the person's bedroom or living unit;
128.1 	(8) a setting that is clean and free from accumulation of dirt, grease, garbage, peeling 
128.2 	paint, mold, vermin, and insects;
128.3 	(9) a setting that is free from hazards that threaten the person's health or safety; and
128.4 	(10) a setting that meets the definition of a dwelling unit within a residential occupancy 
128.5 	as defined in the State Fire Code.
128.6 	(c) Restriction of a person's rights under paragraph (a), clauses (13) to (16), or paragraph 
128.7 	(b) is allowed only if determined necessary to ensure the health, safety, and well-being of 
128.8 	the person. Any restriction of those rights must be documented in the person's coordinated 
128.9 	service and support plan or coordinated service and support plan addendum. The restriction 
128.10 	must be implemented in the least restrictive alternative manner necessary to protect the 
128.11 	person and provide support to reduce or eliminate the need for the restriction in the most 
128.12 	integrated setting and inclusive manner. The documentation must include the following 
128.13 	information:
128.14 	(1) the justification for the restriction based on an assessment of the person's vulnerability 
128.15 	related to exercising the right without restriction;
128.16 	(2) the objective measures set as conditions for ending the restriction;
128.17 	(3) a schedule for reviewing the need for the restriction based on the conditions for 
128.18 	ending the restriction to occur semiannually from the date of initial approval, at a minimum, 
128.19 	or more frequently if requested by the person, the person's legal representative, if any, and 
128.20 	case manager; and
128.21 	(4) signed and dated approval for the restriction from the person, or the person's legal 
128.22 	representative, if any. A restriction may be implemented only when the required approval 
128.23 	has been obtained. Approval may be withdrawn at any time. If approval is withdrawn, the 
128.24 	right must be immediately and fully restored.

128.25 	Sec. 24. Minnesota Statutes 2018, section 245D.06, subdivision 2, is amended to read:
128.26 		Subd. 2.Environment and safety. The license holder must:
128.27 	(1) ensure the following when the license holder is the owner, lessor, or tenant of the 
128.28 	service site:
128.29 	(i) the service site is a safe and hazard-free environment;
128.30 	(ii) that toxic substances or dangerous items are inaccessible to persons served by the 
128.31 	program only to protect the safety of a person receiving services when a known safety threat 
128.32 	exists and not as a substitute for staff supervision or interactions with a person who is 
129.1 	receiving services. If toxic substances or dangerous items are made inaccessible, the license 
129.2 	holder must document an assessment of the physical plant, its environment, and its population 
129.3 	identifying the risk factors which require toxic substances or dangerous items to be 
129.4 	inaccessible and a statement of specific measures to be taken to minimize the safety risk to 
129.5 	persons receiving services and to restore accessibility to all persons receiving services at 
129.6 	the service site;
129.7 	(iii) doors are locked from the inside to prevent a person from exiting only when necessary 
129.8 	to protect the safety of a person receiving services and not as a substitute for staff supervision 
129.9 	or interactions with the person. If doors are locked from the inside, the license holder must 
129.10 	document an assessment of the physical plant, the environment and the population served, 
129.11 	identifying the risk factors which require the use of locked doors, and a statement of specific 
129.12 	measures to be taken to minimize the safety risk to persons receiving services at the service 
129.13 	site; and
129.14 	(iv) a staff person is available at the service site who is trained in basic first aid and, 
129.15 	when required in a person's coordinated service and support plan or coordinated service 
129.16 	and support plan addendum, cardiopulmonary resuscitation (CPR) whenever persons are 
129.17 	present and staff are required to be at the site to provide direct support service. The CPR 
129.18 	training must include instruction, hands-on practice, and an observed skills assessment 
129.19 	under the direct supervision of a CPR instructor; and
129.20 	(v) that sharpened or metal knives are presumed to be inaccessible to an individual 
129.21 	provisionally discharged from a commitment as mentally ill and dangerous who is residing 
129.22 	in a licensed state-operated community-based program and whose provisional discharge 
129.23 	plan restricts access to inherently dangerous instruments, including but not limited to knives, 
129.24 	firearms, and explosives or incendiary material or devices, unless unsupervised access is 
129.25 	approved by the individual, county case manager, and the individual's support team. Approval 
129.26 	must be reflected in the coordinated service and support plan, the coordinated service and 
129.27 	support plan addendum, or the self-management assessment. This provision does not apply 
129.28 	to an individual who has been fully discharged from a commitment;
129.29 	(2) maintain equipment, vehicles, supplies, and materials owned or leased by the license 
129.30 	holder in good condition when used to provide services;
129.31 	(3) follow procedures to ensure safe transportation, handling, and transfers of the person 
129.32 	and any equipment used by the person, when the license holder is responsible for 
129.33 	transportation of a person or a person's equipment;
130.1 	(4) be prepared for emergencies and follow emergency response procedures to ensure 
130.2 	the person's safety in an emergency; and
130.3 	(5) follow universal precautions and sanitary practices, including hand washing, for 
130.4 	infection prevention and control, and to prevent communicable diseases.

130.5 	Sec. 25. Minnesota Statutes 2018, section 245D.10, subdivision 3a, is amended to read:
130.6 		Subd. 3a.Service termination. (a) The license holder must establish policies and 
130.7 	procedures for service termination that promote continuity of care and service coordination 
130.8 	with the person and the case manager and with other licensed caregivers, if any, who also 
130.9 	provide support to the person. The policy must include the requirements specified in 
130.10 	paragraphs (b) to (f).
130.11 	(b) The license holder must permit each person to remain in the program and must not 
130.12 	terminate services unless:
130.13 	(1) the termination is necessary for the person's welfare and the facility cannot meet the 
130.14 	person's needs cannot be met in the facility;
130.15 	(2) the safety of the person or others in the program is endangered and positive support 
130.16 	strategies were attempted and have not achieved and effectively maintained safety for the 
130.17 	person or others;
130.18 	(3) the health of the person or others in the program would otherwise be endangered;
130.19 	(4) the program has not been paid for services;
130.20 	(5) the program ceases to operate; or
130.21 	(6) the person has been terminated by the lead agency from waiver eligibility.; or
130.22 	(7) for state-operated community-based services, the person no longer demonstrates 
130.23 	complex behavioral needs that cannot be met by private community-based providers 
130.24 	identified in section 252.50, subdivision 5, paragraph (a), clause (1).
130.25 	(c) Prior to giving notice of service termination, the license holder must document actions 
130.26 	taken to minimize or eliminate the need for termination. Action taken by the license holder 
130.27 	must include, at a minimum:
130.28 	(1) consultation with the person's support team or expanded support team to identify 
130.29 	and resolve issues leading to issuance of the termination notice; and
130.30 	(2) a request to the case manager for intervention services identified in section 245D.03, 
130.31 	subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention 
131.1 	services to support the person in the program. This requirement does not apply to notices 
131.2 	of service termination issued under paragraph (b), clause (4). clauses (4) and (7); and
131.3 	(3) for state-operated community-based services terminating services under paragraph 
131.4 	(b), clause (7), the state-operated community-based services must engage in consultation 
131.5 	with the person's support team or expanded support team to:
131.6 	(i) identify that the person no longer demonstrates complex behavioral needs that cannot 
131.7 	be met by private community-based providers identified in section 252.50, subdivision 5, 
131.8 	paragraph (a), clause (1);
131.9 	(ii) provide notice of intent to issue a termination of services to the lead agency when a 
131.10 	finding has been made that a person no longer demonstrates complex behavioral needs that 
131.11 	cannot be met by private community-based providers identified in section 252.50, subdivision 
131.12 	5, paragraph (a), clause (1);
131.13 	(iii) assist the lead agency and case manager in developing a person-centered transition 
131.14 	plan to a private community-based provider to ensure continuity of care; and
131.15 	(iv) coordinate with the lead agency to ensure the private community-based service 
131.16 	provider is able to meet the person's needs and criteria established in a person's 
131.17 	person-centered transition plan.
131.18 	If, based on the best interests of the person, the circumstances at the time of the notice were 
131.19 	such that the license holder was unable to take the action specified in clauses (1) and (2), 
131.20 	the license holder must document the specific circumstances and the reason for being unable 
131.21 	to do so.
131.22 	(d) The notice of service termination must meet the following requirements:
131.23 	(1) the license holder must notify the person or the person's legal representative and the 
131.24 	case manager in writing of the intended service termination. If the service termination is 
131.25 	from residential supports and services as defined in section 245D.03, subdivision 1, paragraph 
131.26 	(c), clause (3), the license holder must also notify the commissioner in writing; and
131.27 	(2) the notice must include:
131.28 	(i) the reason for the action;
131.29 	(ii) except for a service termination under paragraph (b), clause (5), a summary of actions 
131.30 	taken to minimize or eliminate the need for service termination or temporary service 
131.31 	suspension as required under paragraph (c), and why these measures failed to prevent the 
131.32 	termination or suspension;
132.1 	(iii) the person's right to appeal the termination of services under section 256.045, 
132.2 	subdivision 3, paragraph (a); and
132.3 	(iv) the person's right to seek a temporary order staying the termination of services 
132.4 	according to the procedures in section 256.045, subdivision 4a or 6, paragraph (c).
132.5 	(e) Notice of the proposed termination of service, including those situations that began 
132.6 	with a temporary service suspension, must be given at least 90 days prior to termination of 
132.7 	services under paragraph (b), clause (7), 60 days prior to termination when a license holder 
132.8 	is providing intensive supports and services identified in section 245D.03, subdivision 1, 
132.9 	paragraph (c), and 30 days prior to termination for all other services licensed under this 
132.10 	chapter. This notice may be given in conjunction with a notice of temporary service 
132.11 	suspension under subdivision 3.
132.12 	(f) During the service termination notice period, the license holder must:
132.13 	(1) work with the support team or expanded support team to develop reasonable 
132.14 	alternatives to protect the person and others and to support continuity of care;
132.15 	(2) provide information requested by the person or case manager; and
132.16 	(3) maintain information about the service termination, including the written notice of 
132.17 	intended service termination, in the service recipient record.
132.18 	(g) For notices issued under paragraph (b), clause (7), the lead agency shall provide 
132.19 	notice to the commissioner and state-operated services at least 30 days before the conclusion 
132.20 	of the 90-day termination period, if an appropriate alternative provider cannot be secured. 
132.21 	Upon receipt of this notice, the commissioner and state-operated services shall reassess 
132.22 	whether a private community-based service can meet the person's needs. If the commissioner 
132.23 	determines that a private provider can meet the person's needs, state-operated services shall, 
132.24 	if necessary, extend notice of service termination until placement can be made. If the 
132.25 	commissioner determines that a private provider cannot meet the person's needs, 
132.26 	state-operated services shall rescind the notice of service termination and re-engage with 
132.27 	the lead agency in service planning for the person.
132.28 	(h) For state-operated community-based services, the license holder shall prioritize the 
132.29 	capacity created within the existing service site by the termination of services under paragraph 
132.30 	(b), clause (7), to serve persons described in section 252.50, subdivision 5, paragraph (a), 
132.31 	clause (1).

133.1 	Sec. 26. Minnesota Statutes 2018, section 245F.02, subdivision 7, is amended to read:
133.2 		Subd. 7.Clinically managed program. "Clinically managed program" means a 
133.3 	residential setting with staff comprised of a medical director and a licensed practical nurse. 
133.4 	A licensed practical nurse must be on site 24 hours a day, seven days a week. A qualified 
133.5 	medical professional licensed practitioner must be available by telephone or in person for 
133.6 	consultation 24 hours a day. Patients admitted to this level of service receive medical 
133.7 	observation, evaluation, and stabilization services during the detoxification process; access 
133.8 	to medications administered by trained, licensed staff to manage withdrawal; and a 
133.9 	comprehensive assessment pursuant to section 245G.05 245F.06.

133.10 	Sec. 27. Minnesota Statutes 2018, section 245F.02, subdivision 14, is amended to read:
133.11 		Subd. 14.Medically monitored program. "Medically monitored program" means a 
133.12 	residential setting with staff that includes a registered nurse and a medical director. A 
133.13 	registered nurse must be on site 24 hours a day. A medical director licensed practitioner
133.14 	must be on site available seven days a week, and patients must have the ability to be seen 
133.15 	by a medical director licensed practitioner within 24 hours. Patients admitted to this level 
133.16 	of service receive medical observation, evaluation, and stabilization services during the 
133.17 	detoxification process; medications administered by trained, licensed staff to manage 
133.18 	withdrawal; and a comprehensive assessment pursuant to Minnesota Rules, part 9530.6422
133.19 	section 245F.06.

133.20 	Sec. 28. Minnesota Statutes 2018, section 245F.06, subdivision 2, is amended to read:
133.21 		Subd. 2.Comprehensive assessment and assessment summary. (a) Prior to a medically 
133.22 	stable discharge, but not later than 72 hours following admission, a license holder must 
133.23 	provide a comprehensive assessment and assessment summary according to sections 
133.24 	245.4863, paragraph (a), and 245G.05, for each patient who has a positive screening for a 
133.25 	substance use disorder. If a patient's medical condition prevents a comprehensive assessment 
133.26 	from being completed within 72 hours, the license holder must document why the assessment 
133.27 	was not completed. The comprehensive assessment must include documentation of the 
133.28 	appropriateness of an involuntary referral through the civil commitment process.
133.29 	(b) If available to the program, a patient's previous comprehensive assessment may be 
133.30 	used in the patient record. If a previously completed comprehensive assessment is used, its 
133.31 	contents must be reviewed to ensure the assessment is accurate and current and complies 
133.32 	with the requirements of this chapter. The review must be completed by a staff person 
133.33 	qualified according to section 245G.11, subdivision 5. The license holder must document 
134.1 	that the review was completed and that the previously completed assessment is accurate 
134.2 	and current, or the license holder must complete an updated or new assessment.

134.3 	Sec. 29. Minnesota Statutes 2018, section 245F.12, subdivision 2, is amended to read:
134.4 		Subd. 2.Services provided at clinically managed programs. In addition to the services 
134.5 	listed in subdivision 1, clinically managed programs must:
134.6 	(1) have a licensed practical nurse on site 24 hours a day and a medical director;
134.7 	(2) provide an initial health assessment conducted by a nurse upon admission;
134.8 	(3) provide daily on-site medical evaluation by a nurse;
134.9 	(4) have a registered nurse available by telephone or in person for consultation 24 hours 
134.10 	a day;
134.11 	(5) have a qualified medical professional licensed practitioner available by telephone 
134.12 	or in person for consultation 24 hours a day; and
134.13 	(6) have appropriately licensed staff available to administer medications according to 
134.14 	prescriber-approved orders.

134.15 	Sec. 30. Minnesota Statutes 2018, section 245F.12, subdivision 3, is amended to read:
134.16 		Subd. 3.Services provided at medically monitored programs. In addition to the 
134.17 	services listed in subdivision 1, medically monitored programs must have a registered nurse 
134.18 	on site 24 hours a day and a medical director. Medically monitored programs must provide 
134.19 	intensive inpatient withdrawal management services which must include:
134.20 	(1) an initial health assessment conducted by a registered nurse upon admission;
134.21 	(2) the availability of a medical evaluation and consultation with a registered nurse 24 
134.22 	hours a day;
134.23 	(3) the availability of a qualified medical professional licensed practitioner by telephone 
134.24 	or in person for consultation 24 hours a day;
134.25 	(4) the ability to be seen within 24 hours or sooner by a qualified medical professional
134.26 	licensed practitioner if the initial health assessment indicates the need to be seen;
134.27 	(5) the availability of on-site monitoring of patient care seven days a week by a qualified 
134.28 	medical professional licensed practitioner; and
134.29 	(6) appropriately licensed staff available to administer medications according to 
134.30 	prescriber-approved orders.

135.1 	Sec. 31. Minnesota Statutes 2018, section 245G.02, subdivision 2, is amended to read:
135.2 		Subd. 2.Exemption from license requirement. This chapter does not apply to a county 
135.3 	or recovery community organization that is providing a service for which the county or 
135.4 	recovery community organization is an eligible vendor under section 254B.05. This chapter 
135.5 	does not apply to an organization whose primary functions are information, referral, 
135.6 	diagnosis, case management, and assessment for the purposes of client placement, education, 
135.7 	support group services, or self-help programs. This chapter does not apply to the activities 
135.8 	of a licensed professional in private practice. A license holder providing the initial set of 
135.9 	substance use disorder services allowable under section 254A.03, subdivision 3, paragraph 
135.10 	(c), to an individual referred to a licensed nonresidential substance use disorder treatment 
135.11 	program after a positive screen for alcohol or substance misuse is exempt from sections 
135.12 	245G.05; 245G.06, subdivisions 1, 2, and 4; 245G.07, subdivisions 1, paragraph (a), clauses 
135.13 	(2) to (4), and 2, clauses (1) to (7); and 245G.17.

135.14 	Sec. 32. Minnesota Statutes 2018, section 245G.09, subdivision 1, is amended to read:
135.15 		Subdivision 1.Client records required. (a) A license holder must maintain a file of 
135.16 	current and accurate client records on the premises where the treatment service is provided 
135.17 	or coordinated. For services provided off site, client records must be available at the program 
135.18 	and adhere to the same clinical and administrative policies and procedures as services 
135.19 	provided on site. The content and format of client records must be uniform and entries in 
135.20 	each record must be signed and dated by the staff member making the entry. Client records 
135.21 	must be protected against loss, tampering, or unauthorized disclosure according to section 
135.22 	254A.09, chapter 13, and Code of Federal Regulations, title 42, chapter 1, part 2, subpart 
135.23 	B, sections 2.1 to 2.67, and title 45, parts 160 to 164.
135.24 	(b) The program must have a policy and procedure that identifies how the program will 
135.25 	track and record client attendance at treatment activities, including the date, duration, and 
135.26 	nature of each treatment service provided to the client.
135.27 	(c) The program must identify in the client record designation of an individual who is 
135.28 	receiving services under section 254A.03, subdivision 3, including the start date and end 
135.29 	date of services eligible under section 254A.03, subdivision 3.

135.30 	Sec. 33. Minnesota Statutes 2019 Supplement, section 254A.03, subdivision 3, as amended 
135.31 	by Laws 2020, chapter 74, article 3, section 3, is amended to read:
135.32 		Subd. 3.Rules for substance use disorder care. (a) The commissioner of human 
135.33 	services shall establish by rule criteria to be used in determining the appropriate level of 
136.1 	chemical dependency care for each recipient of public assistance seeking treatment for 
136.2 	substance misuse or substance use disorder. Upon federal approval of a comprehensive 
136.3 	assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding 
136.4 	the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, an eligible vendor of 
136.5 	comprehensive assessments under section 254B.05 may determine and approve the 
136.6 	appropriate level of substance use disorder treatment for a recipient of public assistance. 
136.7 	The process for determining an individual's financial eligibility for the consolidated chemical 
136.8 	dependency treatment fund or determining an individual's enrollment in or eligibility for a 
136.9 	publicly subsidized health plan is not affected by the individual's choice to access a 
136.10 	comprehensive assessment for placement.
136.11 	(b) The commissioner shall develop and implement a utilization review process for 
136.12 	publicly funded treatment placements to monitor and review the clinical appropriateness 
136.13 	and timeliness of all publicly funded placements in treatment.
136.14 	(c) If a screen result is positive for alcohol or substance misuse, a brief screening for 
136.15 	alcohol or substance use disorder that is provided to a recipient of public assistance within 
136.16 	a primary care clinic, hospital, or other medical setting or school setting establishes medical 
136.17 	necessity and approval for an initial set of substance use disorder services identified in 
136.18 	section 254B.05, subdivision 5. The initial set of services approved for a recipient whose 
136.19 	screen result is positive may include any combination of up to four hours of individual or 
136.20 	group substance use disorder treatment, two hours of substance use disorder treatment 
136.21 	coordination, or two hours of substance use disorder peer support services provided by a 
136.22 	qualified individual according to chapter 245G. A recipient must obtain an assessment 
136.23 	pursuant to paragraph (a) to be approved for additional treatment services. Minnesota Rules, 
136.24 	parts 9530.6600 to 9530.6655, and a comprehensive assessment pursuant to section 245G.05 
136.25 	are not applicable to the initial set of services allowed under this subdivision. A positive 
136.26 	screen result establishes eligibility for the initial set of services allowed under this 
136.27 	subdivision.
136.28 	(d) Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655, an individual may 
136.29 	choose to obtain a comprehensive assessment as provided in section 245G.05. Individuals 
136.30 	obtaining a comprehensive assessment may access any enrolled provider that is licensed to 
136.31 	provide the level of service authorized pursuant to section 254A.19, subdivision 3, paragraph 
136.32 	(d). If the individual is enrolled in a prepaid health plan, the individual must comply with 
136.33 	any provider network requirements or limitations. This paragraph expires July 1, 2022.

137.1 	Sec. 34. Minnesota Statutes 2019 Supplement, section 254B.05, subdivision 1, is amended 
137.2 	to read:
137.3 		Subdivision 1.Licensure required. (a) Programs licensed by the commissioner are 
137.4 	eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors, 
137.5 	notwithstanding the provisions of section 245A.03. American Indian programs that provide 
137.6 	substance use disorder treatment, extended care, transitional residence, or outpatient treatment 
137.7 	services, and are licensed by tribal government are eligible vendors.
137.8 	(b) A licensed professional in private practice  as defined in section 245G.01, subdivision 
137.9 	17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible 
137.10 	vendor of a comprehensive assessment and assessment summary provided according to 
137.11 	section 245G.05, and treatment services provided according to sections 245G.06 and 
137.12 	245G.07, subdivision 1, paragraphs (a), clauses (1) to (4) (5), and (b); and subdivision 2, 
137.13 	clauses (1) to (6).
137.14 	(c) A county is an eligible vendor for a comprehensive assessment and assessment 
137.15 	summary when provided by an individual who meets the staffing credentials of section 
137.16 	245G.11, subdivisions 1 and 5, and completed according to the requirements of section 
137.17 	245G.05. A county is an eligible vendor of care coordination services when provided by an 
137.18 	individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and 
137.19 	provided according to the requirements of section 245G.07, subdivision 1, paragraph (a), 
137.20 	clause (5).
137.21 	(d) A recovery community organization that meets certification requirements identified 
137.22 	by the commissioner is an eligible vendor of peer support services.
137.23 	(e) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to 
137.24 	9530.6590, are not eligible vendors. Programs that are not licensed as a residential or 
137.25 	nonresidential substance use disorder treatment or withdrawal management program by the 
137.26 	commissioner or by tribal government or do not meet the requirements of subdivisions 1a 
137.27 	and 1b are not eligible vendors.

137.28 	Sec. 35. Minnesota Statutes 2018, section 256.0112, subdivision 10, is amended to read:
137.29 		Subd. 10.Contracts for child foster care services. When local agencies negotiate lead 
137.30 	county contracts or purchase of service contracts for child foster care services, the foster 
137.31 	care maintenance payment made on behalf of the child shall follow the provisions of 
137.32 	Northstar Care for Children, chapter 256N. Foster care maintenance payments as defined 
137.33 	in section 256N.02, subdivision 15, represent costs for activities similar in nature to those 
138.1 	expected of parents and do not cover services rendered by the licensed or tribally approved 
138.2 	foster parent, facility, or administrative costs or fees. Payments made to foster parents must 
138.3 	follow the requirements of section 256N.26, subdivision 15. The legally responsible agency 
138.4 	must provide foster parents with the assessment and notice as specified in section 256N.24. 
138.5 	The financially responsible agency is permitted to make additional payments for specific 
138.6 	services provided by the foster parents or facility, as permitted in section 256N.21, 
138.7 	subdivision 5. These additional payments are not considered foster care maintenance.

138.8 	EFFECTIVE DATE. This section is effective September 30, 2021.

138.9 	Sec. 36. Minnesota Statutes 2018, section 256.82, subdivision 2, is amended to read:
138.10 		Subd. 2.Foster care maintenance payments. (a) For the purpose of foster care 
138.11 	maintenance payments under title IV-E of the Social Security Act, United States Code, title 
138.12 	42, sections 670 to 676, the county or American Indian child welfare initiative tribes under  
138.13 	section 256.01, subdivision 14b, paying the maintenance costs must be reimbursed for the 
138.14 	costs from the federal money available for the purpose. Beginning July 1, 1997, for the 
138.15 	purposes of determining a child's eligibility under title IV-E of the Social Security Act, the 
138.16 	placing agency shall use AFDC requirements in effect on July 16, 1996.
138.17 	(b) For the purpose of foster care maintenance payments under title IV-E of the Social 
138.18 	Security Act, United States Code, title 42, sections 670 to 676, the state is responsible for 
138.19 	approving of child care institutions for the county paying the facility's maintenance costs 
138.20 	to be reimbursed from the federal money available for the purpose. The facility must be 
138.21 	licensed by the state or approved or licensed by a tribe.

138.22 	EFFECTIVE DATE. This section is effective September 30, 2021.

138.23 	Sec. 37. Minnesota Statutes 2018, section 256.87, subdivision 8, is amended to read:
138.24 		Subd. 8.Disclosure prohibited. Notwithstanding statutory or other authorization for
138.25 	The public authority to shall not release private data on the location of a party to the action, 
138.26 	information on the location of one party may not be released to the other party by the public 
138.27 	authority or the joint child if:
138.28 	(1) the public authority has knowledge that one party is currently subject to a protective 
138.29 	order with respect to the other party has been entered or the joint child, and the protected 
138.30 	party or guardian of the joint child has not authorized disclosure; or
138.31 	(2) the public authority has reason to believe that the release of the information may 
138.32 	result in physical or emotional harm to the othera party or the joint child.

139.1 	Sec. 38. Minnesota Statutes 2018, section 256B.0625, subdivision 5l, is amended to read:
139.2 		Subd. 5l.Intensive mental health outpatient treatment. Medical assistance covers 
139.3 	intensive mental health outpatient treatment for dialectical behavioral therapy for adults. 
139.4 	The commissioner shall establish:
139.5 	(1) certification procedures to ensure that providers of these services are qualified; and
139.6 	(2) treatment protocols including required service components and criteria for admission, 
139.7 	continued treatment, and discharge.

139.8 	Sec. 39. Minnesota Statutes 2019 Supplement, section 256B.064, subdivision 2, is amended 
139.9 	to read:
139.10 		Subd. 2.Imposition of monetary recovery and sanctions. (a) The commissioner shall 
139.11 	determine any monetary amounts to be recovered and sanctions to be imposed upon a vendor 
139.12 	of medical care under this section. Except as provided in paragraphs (b) and (d), neither a 
139.13 	monetary recovery nor a sanction will be imposed by the commissioner without prior notice 
139.14 	and an opportunity for a hearing, according to chapter 14, on the commissioner's proposed 
139.15 	action, provided that the commissioner may suspend or reduce payment to a vendor of 
139.16 	medical care, except a nursing home or convalescent care facility, after notice and prior to 
139.17 	the hearing if in the commissioner's opinion that action is necessary to protect the public 
139.18 	welfare and the interests of the program.
139.19 	(b) Except when the commissioner finds good cause not to suspend payments under 
139.20 	Code of Federal Regulations, title 42, section 455.23 (e) or (f), the commissioner shall 
139.21 	withhold or reduce payments to a vendor of medical care without providing advance notice 
139.22 	of such withholding or reduction if either of the following occurs:
139.23 	(1) the vendor is convicted of a crime involving the conduct described in subdivision 
139.24 	1a; or
139.25 	(2) the commissioner determines there is a credible allegation of fraud for which an 
139.26 	investigation is pending under the program. A credible allegation of fraud is an allegation 
139.27 	which has been verified by the state, from any source, including but not limited to:
139.28 	(i) fraud hotline complaints;
139.29 	(ii) claims data mining; and
139.30 	(iii) patterns identified through provider audits, civil false claims cases, and law 
139.31 	enforcement investigations.
140.1 	Allegations are considered to be credible when they have an indicia of reliability and 
140.2 	the state agency has reviewed all allegations, facts, and evidence carefully and acts 
140.3 	judiciously on a case-by-case basis.
140.4 	(c) The commissioner must send notice of the withholding or reduction of payments 
140.5 	under paragraph (b) within five days of taking such action unless requested in writing by a 
140.6 	law enforcement agency to temporarily withhold the notice. The notice must:
140.7 	(1) state that payments are being withheld according to paragraph (b);
140.8 	(2) set forth the general allegations as to the nature of the withholding action, but need 
140.9 	not disclose any specific information concerning an ongoing investigation;
140.10 	(3) except in the case of a conviction for conduct described in subdivision 1a, state that 
140.11 	the withholding is for a temporary period and cite the circumstances under which withholding 
140.12 	will be terminated;
140.13 	(4) identify the types of claims to which the withholding applies; and
140.14 	(5) inform the vendor of the right to submit written evidence for consideration by the 
140.15 	commissioner.
140.16 	The withholding or reduction of payments will not continue after the commissioner 
140.17 	determines there is insufficient evidence of fraud by the vendor, or after legal proceedings 
140.18 	relating to the alleged fraud are completed, unless the commissioner has sent notice of 
140.19 	intention to impose monetary recovery or sanctions under paragraph (a). Upon conviction 
140.20 	for a crime related to the provision, management, or administration of a health service under 
140.21 	medical assistance, a payment held pursuant to this section by the commissioner or a managed 
140.22 	care organization that contracts with the commissioner under section 256B.035 is forfeited 
140.23 	to the commissioner or managed care organization, regardless of the amount charged in the 
140.24 	criminal complaint or the amount of criminal restitution ordered.
140.25 	(d) The commissioner shall suspend or terminate a vendor's participation in the program 
140.26 	without providing advance notice and an opportunity for a hearing when the suspension or 
140.27 	termination is required because of the vendor's exclusion from participation in Medicare. 
140.28 	Within five days of taking such action, the commissioner must send notice of the suspension 
140.29 	or termination. The notice must:
140.30 	(1) state that suspension or termination is the result of the vendor's exclusion from 
140.31 	Medicare;
140.32 	(2) identify the effective date of the suspension or termination; and
141.1 	(3) inform the vendor of the need to be reinstated to Medicare before reapplying for 
141.2 	participation in the program.
141.3 	(e) Upon receipt of a notice under paragraph (a) that a monetary recovery or sanction is 
141.4 	to be imposed, a vendor may request a contested case, as defined in section 14.02, subdivision 
141.5 	3, by filing with the commissioner a written request of appeal. The appeal request must be 
141.6 	received by the commissioner no later than 30 days after the date the notification of monetary 
141.7 	recovery or sanction was mailed to the vendor. The appeal request must specify:
141.8 	(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount 
141.9 	involved for each disputed item;
141.10 	(2) the computation that the vendor believes is correct;
141.11 	(3) the authority in statute or rule upon which the vendor relies for each disputed item;
141.12 	(4) the name and address of the person or entity with whom contacts may be made 
141.13 	regarding the appeal; and
141.14 	(5) other information required by the commissioner.
141.15 	(f) The commissioner may order a vendor to forfeit a fine for failure to fully document 
141.16 	services according to standards in this chapter and Minnesota Rules, chapter 9505. The 
141.17 	commissioner may assess fines if specific required components of documentation are 
141.18 	missing. The fine for incomplete documentation shall equal 20 percent of the amount paid 
141.19 	on the claims for reimbursement submitted by the vendor, or up to $5,000, whichever is 
141.20 	less. If the commissioner determines that a vendor repeatedly violated this chapter, chapter 
141.21 	254B or 245G, or Minnesota Rules, chapter 9505, related to the provision of services to 
141.22 	program recipients and the submission of claims for payment, the commissioner may order 
141.23 	a vendor to forfeit a fine based on the nature, severity, and chronicity of the violations, in 
141.24 	an amount of up to $5,000 or 20 percent of the value of the claims, whichever is greater.
141.25 	(g) The vendor shall pay the fine assessed on or before the payment date specified. If 
141.26 	the vendor fails to pay the fine, the commissioner may withhold or reduce payments and 
141.27 	recover the amount of the fine. A timely appeal shall stay payment of the fine until the 
141.28 	commissioner issues a final order.

141.29 	Sec. 40. Minnesota Statutes 2018, section 256B.0652, subdivision 10, is amended to read:
141.30 		Subd. 10. Authorization for foster care setting. (a) Home care services provided in 
141.31 	an adult or child foster care setting must receive authorization by the commissioner according 
141.32 	to the limits established in subdivision 11.
142.1 	(b) The commissioner may not authorize:
142.2 	(1) home care services that are the responsibility of the foster care provider under the 
142.3 	terms of the foster care placement agreement, difficulty of care rate as of January 1, 2010
142.4 	assessment under sections 256N.24 and 260C.4411, and administrative rules;
142.5 	(2) personal care assistance services when the foster care license holder is also the 
142.6 	personal care provider or personal care assistant, unless the foster home is the licensed 
142.7 	provider's primary residence as defined in section 256B.0625, subdivision 19a; or
142.8 	(3) personal care assistant and home care nursing services when the licensed capacity 
142.9 	is greater than four six, unless all conditions for a variance under section 245A.04, 
142.10 	subdivision 9a, are satisfied for a sibling, as defined in section 260C.007, subdivision 32.

142.11 	EFFECTIVE DATE. This section is effective the day following final enactment.

142.12 	Sec. 41. Minnesota Statutes 2018, section 256B.0949, subdivision 2, is amended to read:
142.13 		Subd. 2.Definitions. (a) The terms used in this section have the meanings given in this 
142.14 	subdivision.
142.15 	(b) "Agency" means the legal entity that is enrolled with Minnesota health care programs 
142.16 	as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide 
142.17 	EIDBI services and that has the legal responsibility to ensure that its employees or contractors 
142.18 	carry out the responsibilities defined in this section. Agency includes a licensed individual 
142.19 	professional who practices independently and acts as an agency.
142.20 	(c) "Autism spectrum disorder or a related condition" or "ASD or a related condition" 
142.21 	means either autism spectrum disorder (ASD) as defined in the current version of the 
142.22 	Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found 
142.23 	to be closely related to ASD, as identified under the current version of the DSM, and meets 
142.24 	all of the following criteria:
142.25 	(1) is severe and chronic;
142.26 	(2) results in impairment of adaptive behavior and function similar to that of a person 
142.27 	with ASD;
142.28 	(3) requires treatment or services similar to those required for a person with ASD; and
142.29 	(4) results in substantial functional limitations in three core developmental deficits of 
142.30 	ASD: social or interpersonal interaction; functional communication, including nonverbal 
142.31 	or social communication; and restrictive, or repetitive behaviors or hyperreactivity or 
143.1 	hyporeactivity to sensory input; and may include deficits or a high level of support in one 
143.2 	or more of the following domains:
143.3 	(i) behavioral challenges and self-regulation;
143.4 	(ii) cognition;
143.5 	(iii) learning and play;
143.6 	(ii)(iv) self-care; or
143.7 	(iii) behavioral challenges;
143.8 	(iv) expressive communication;
143.9 	(v) receptive communication;
143.10 	(vi) cognitive functioning; or
143.11 	(vii)(v) safety.
143.12 	(d) "Person" means a person under 21 years of age.
143.13 	(e) "Clinical supervision" means the overall responsibility for the control and direction 
143.14 	of EIDBI service delivery, including individual treatment planning, staff supervision, 
143.15 	individual treatment plan progress monitoring, and treatment review for each person. Clinical 
143.16 	supervision is provided by a qualified supervising professional (QSP) who takes full 
143.17 	professional responsibility for the service provided by each supervisee.
143.18 	(f) "Commissioner" means the commissioner of human services, unless otherwise 
143.19 	specified.
143.20 	(g) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive 
143.21 	evaluation of a person to determine medical necessity for EIDBI services based on the 
143.22 	requirements in subdivision 5.
143.23 	(h) "Department" means the Department of Human Services, unless otherwise specified.
143.24 	(i) "Early intensive developmental and behavioral intervention benefit" or "EIDBI 
143.25 	benefit" means a variety of individualized, intensive treatment modalities approved and 
143.26 	published by the commissioner that are based in behavioral and developmental science 
143.27 	consistent with best practices on effectiveness.
143.28 	(j) "Generalizable goals" means results or gains that are observed during a variety of 
143.29 	activities over time with different people, such as providers, family members, other adults, 
143.30 	and people, and in different environments including, but not limited to, clinics, homes, 
143.31 	schools, and the community.
144.1 	(k) "Incident" means when any of the following occur:
144.2 	(1) an illness, accident, or injury that requires first aid treatment;
144.3 	(2) a bump or blow to the head; or
144.4 	(3) an unusual or unexpected event that jeopardizes the safety of a person or staff, 
144.5 	including a person leaving the agency unattended.
144.6 	(l) "Individual treatment plan" or "ITP" means the person-centered, individualized written 
144.7 	plan of care that integrates and coordinates person and family information from the CMDE 
144.8 	for a person who meets medical necessity for the EIDBI benefit. An individual treatment 
144.9 	plan must meet the standards in subdivision 6.
144.10 	(m) "Legal representative" means the parent of a child who is under 18 years of age, a 
144.11 	court-appointed guardian, or other representative with legal authority to make decisions 
144.12 	about service for a person. For the purpose of this subdivision, "other representative with 
144.13 	legal authority to make decisions" includes a health care agent or an attorney-in-fact 
144.14 	authorized through a health care directive or power of attorney.
144.15 	(n) "Mental health professional" has the meaning given in section 245.4871, subdivision 
144.16 	27, clauses (1) to (6).
144.17 	(o) "Person-centered" means a service that both responds to the identified needs, interests, 
144.18 	values, preferences, and desired outcomes of the person or the person's legal representative 
144.19 	and respects the person's history, dignity, and cultural background and allows inclusion and 
144.20 	participation in the person's community.
144.21 	(p) "Qualified EIDBI provider" means a person who is a QSP or a level I, level II, or 
144.22 	level III treatment provider.

144.23 	Sec. 42. Minnesota Statutes 2018, section 256B.0949, subdivision 5, is amended to read:
144.24 		Subd. 5.Comprehensive multidisciplinary evaluation. (a) A CMDE must be completed 
144.25 	to determine medical necessity of EIDBI services. For the commissioner to authorize EIDBI 
144.26 	services, the CMDE provider must submit the CMDE to the commissioner and the person 
144.27 	or the person's legal representative as determined by the commissioner. Information and 
144.28 	assessments must be performed, reviewed, and relied upon for the eligibility determination, 
144.29 	treatment and services recommendations, and treatment plan development for the person.
144.30 	(b) The CMDE provider must review the diagnostic assessment to confirm the person 
144.31 	has an eligible diagnosis and the diagnostic assessment meets standards required under 
144.32 	subdivision 4. If the CMDE provider elects to complete the diagnostic assessment at the 
145.1 	same time as the CMDE, the CMDE provider must certify that the CMDE meets all standards 
145.2 	as required under subdivision 4.
145.3 	(b)(c) The CMDE must:
145.4 	(1) include an assessment of the person's developmental skills, functional behavior, 
145.5 	needs, and capacities based on direct observation of the person which must be administered 
145.6 	by a CMDE provider, include medical or assessment information from the person's physician 
145.7 	or advanced practice registered nurse, and may also include input from family members, 
145.8 	school personnel, child care providers, or other caregivers, as well as any medical or 
145.9 	assessment information from other licensed professionals such as rehabilitation or habilitation 
145.10 	therapists, licensed school personnel, or mental health professionals;
145.11 	(2) include and document the person's legal representative's or primary caregiver's 
145.12 	preferences for involvement in the person's treatment; and
145.13 	(3) provide information about the range of current EIDBI treatment modalities recognized 
145.14 	by the commissioner.

145.15 	Sec. 43. Minnesota Statutes 2018, section 256B.0949, subdivision 6, is amended to read:
145.16 		Subd. 6.Individual treatment plan. (a) The QSP, level I treatment provider, or level 
145.17 	II treatment provider who integrates and coordinates person and family information from 
145.18 	the CMDE and ITP progress monitoring process to develop the ITP must develop and 
145.19 	monitor the ITP.
145.20 	(b) Each person's ITP must be:
145.21 	(1) culturally and linguistically appropriate, as required under subdivision 3a, 
145.22 	individualized, and person-centered; and
145.23 	(2) based on the diagnosis and CMDE information specified in subdivisions 4 and 5.
145.24 	(c) The ITP must specify:
145.25 	(1) the medically necessary treatment and service;
145.26 	(2) the treatment modality that shall be used to meet the goals and objectives, including:
145.27 	(i) baseline measures and projected dates of accomplishment;
145.28 	(ii) the frequency, intensity, location, and duration of each service provided;
145.29 	(iii) the level of legal representative or primary caregiver training and counseling;
146.1 	(iv) any change or modification to the physical and social environments necessary to 
146.2 	provide a service;
146.3 	(v) significant changes in the person's condition or family circumstance;
146.4 	(vi) any specialized equipment or material required;
146.5 	(vii) (vi) techniques that support and are consistent with the person's communication 
146.6 	mode and learning style;
146.7 	(viii) (vii) the name of the QSP; and
146.8 	(ix) (viii) progress monitoring results and goal mastery data; and
146.9 	(3) the discharge criteria that shall must be used and a defined transition plan that meets 
146.10 	the requirement of paragraph (g).
146.11 	(d) Implementation of the ITP must be supervised by a QSP.
146.12 	(e) The ITP must be submitted to the commissioner and the person or the person's legal 
146.13 	representative for approval in a manner determined by the commissioner for this purpose.
146.14 	(f) A service included in the ITP must meet all applicable requirements for medical 
146.15 	necessity and coverage.
146.16 	(g) To terminate service, the provider must send notice of termination to the person or 
146.17 	the person's legal representative. The transition period begins when the person or the person's 
146.18 	legal representative receives notice of termination from the EIDBI service and ends when 
146.19 	the EIDBI service is terminated. Up to 30 days of continued service is allowed during the 
146.20 	transition period. Services during the transition period shall be consistent with the ITP. The 
146.21 	transition plan shall must include:
146.22 	(1) protocols for changing service when medically necessary;
146.23 	(2) how the transition will occur;
146.24 	(3) the time allowed to make the transition; and
146.25 	(4) a description of how the person or the person's legal representative will be informed 
146.26 	of and involved in the transition.

146.27 	Sec. 44. Minnesota Statutes 2018, section 256B.0949, subdivision 9, is amended to read:
146.28 		Subd. 9.Revision of treatment options. (a) The commissioner may revise covered 
146.29 	treatment options modalities as needed based on outcome data and other evidence. EIDBI 
146.30 	treatment modalities approved by the department must:
147.1 	(1) cause no harm to the person or the person's family;
147.2 	(2) be individualized and person-centered;
147.3 	(3) be developmentally appropriate and highly structured, with well-defined goals and 
147.4 	objectives that provide a strategic direction for treatment;
147.5 	(4) be based in recognized principles of developmental and behavioral science;
147.6 	(5) utilize sound practices that are replicable across providers and maintain the fidelity 
147.7 	of the specific modality;
147.8 	(6) demonstrate an evidentiary basis;
147.9 	(7) have goals and objectives that are measurable, achievable, and regularly evaluated 
147.10 	and adjusted to ensure that adequate progress is being made;
147.11 	(8) be provided intensively with a high staff-to-person ratio; and
147.12 	(9) include participation by the person and the person's legal representative in decision 
147.13 	making, knowledge building and capacity building, and developing and implementing the 
147.14 	person's ITP.
147.15 	(b) Before revisions in department recognized treatment modalities become effective, 
147.16 	the commissioner must provide public notice of the changes, the reasons for the change, 
147.17 	and a 30-day public comment period to those who request notice through an electronic list 
147.18 	accessible to the public on the department's website.

147.19 	Sec. 45. Minnesota Statutes 2018, section 256B.0949, subdivision 13, is amended to read:
147.20 		Subd. 13.Covered services. (a) The services described in paragraphs (b) to (i) (l) are 
147.21 	eligible for reimbursement by medical assistance under this section. Services must be 
147.22 	provided by a qualified EIDBI provider and supervised by a QSP. An EIDBI service must 
147.23 	address the person's medically necessary treatment goals and must be targeted to develop, 
147.24 	enhance, or maintain the individual developmental skills of a person with ASD or a related 
147.25 	condition to improve functional communication, including nonverbal or social 
147.26 	communication, social or interpersonal interaction, restrictive or repetitive behaviors, 
147.27 	hyperreactivity or hyporeactivity to sensory input, behavioral challenges and self-regulation, 
147.28 	cognition, learning and play, self-care, and safety.
147.29 	(b) EIDBI modalities include, but are not limited to: treatment must be delivered 
147.30 	consistent with the standards of an approved modality, as published by the commissioner. 
147.31 	EIDBI modalities include:
148.1 	(1) applied behavior analysis (ABA);
148.2 	(2) developmental individual-difference relationship-based model (DIR/Floortime);
148.3 	(3) early start Denver model (ESDM);
148.4 	(4) PLAY project; or
148.5 	(5) relationship development intervention (RDI).; or
148.6 	(6) additional modalities not listed in clauses (1) to (5) upon approval by the 
148.7 	commissioner.
148.8 	(c) An EIDBI provider may use one or more of the EIDBI modalities in paragraph (b), 
148.9 	clauses (1) to (5), as the primary modality for treatment as a covered service, or several 
148.10 	EIDBI modalities in combination as the primary modality of treatment, as approved by the 
148.11 	commissioner. An EIDBI provider that identifies and provides assurance of qualifications 
148.12 	for a single specific treatment modality must document the required qualifications to meet 
148.13 	fidelity to the specific model. Additional EIDBI modalities not listed in paragraph (b) may 
148.14 	be covered upon approval by the commissioner.
148.15 	(d) Each qualified EIDBI provider must identify and provide assurance of qualifications 
148.16 	for professional licensure certification, or training in evidence-based treatment methods, 
148.17 	and must document the required qualifications outlined in subdivision 15 in a manner 
148.18 	determined by the commissioner.
148.19 	(d) (e) CMDE is a comprehensive evaluation of the person's developmental status to 
148.20 	determine medical necessity for EIDBI services and meets the requirements of subdivision 
148.21 	5. The services must be provided by a qualified CMDE provider.
148.22 	(e) (f) EIDBI intervention observation and direction is the clinical direction and oversight 
148.23 	of EIDBI services by the QSP, level I treatment provider, or level II treatment provider, 
148.24 	including developmental and behavioral techniques, progress measurement, data collection, 
148.25 	function of behaviors, and generalization of acquired skills for the direct benefit of a person. 
148.26 	EIDBI intervention observation and direction informs any modification of the methods
148.27 	current treatment protocol to support the outcomes outlined in the ITP. EIDBI intervention 
148.28 	observation and direction provides a real-time response to EIDBI interventions to maximize 
148.29 	the benefit to the person.
148.30 	(g) Intervention is medically necessary direct treatment provided to a person with ASD 
148.31 	or a related condition as outlined in their ITP. All intervention services must be provided 
148.32 	under the direction of a QSP. Intervention may take place across multiple settings. The 
148.33 	frequency and intensity of intervention services are provided based on the number of 
149.1 	treatment goals, person and family or caregiver preferences, and other factors. Intervention 
149.2 	services may be provided individually or in a group. Intervention with a higher provider 
149.3 	ratio may occur when deemed medically necessary through the person's ITP.
149.4 	(1) Individual intervention is treatment by protocol administered by a single qualified 
149.5 	EIDBI provider delivered face-to-face to one person.
149.6 	(2) Group intervention is treatment by protocol provided by one or more qualified EIDBI 
149.7 	providers, delivered to at least two people who receive EIDBI services.
149.8 	(f) (h) ITP development and ITP progress monitoring is development of the initial, 
149.9 	annual, and progress monitoring of an ITP. ITP development and ITP progress monitoring 
149.10 	documents, provides provide oversight and ongoing evaluation of a person's treatment and 
149.11 	progress on targeted goals and objectives, and integrates integrate and coordinates coordinate
149.12 	the person's and the person's legal representative's information from the CMDE and ITP 
149.13 	progress monitoring. This service must be reviewed and completed by the QSP, and may 
149.14 	include input from a level I treatment provider or a level II treatment provider.
149.15 	(g) (i) Family caregiver training and counseling is specialized training and education 
149.16 	for a family or primary caregiver to understand the person's developmental status and help 
149.17 	with the person's needs and development. This service must be provided by the QSP, level 
149.18 	I treatment provider, or level II treatment provider.
149.19 	(h) (j) A coordinated care conference is a voluntary face-to-face meeting with the person 
149.20 	and the person's family to review the CMDE or ITP progress monitoring and to integrate 
149.21 	and coordinate services across providers and service-delivery systems to develop the ITP. 
149.22 	This service must be provided by the QSP and may include the CMDE provider or a level 
149.23 	I treatment provider or a level II treatment provider.
149.24 	(i) (k) Travel time is allowable billing for traveling to and from the person's home, 
149.25 	school, a community setting, or place of service outside of an EIDBI center, clinic, or office 
149.26 	from a specified location to provide face-to-face EIDBI intervention, observation and 
149.27 	direction, or family caregiver training and counseling. The person's ITP must specify the 
149.28 	reasons the provider must travel to the person.
149.29 	(j) (l) Medical assistance covers medically necessary EIDBI services and consultations 
149.30 	delivered by a licensed health care provider via telemedicine, as defined under section 
149.31 	256B.0625, subdivision 3b, in the same manner as if the service or consultation was delivered 
149.32 	in person. Medical assistance coverage is limited to three telemedicine services per person 
149.33 	per calendar week.

150.1 	Sec. 46. Minnesota Statutes 2018, section 256B.0949, subdivision 14, is amended to read:
150.2 		Subd. 14.Person's rights. A person or the person's legal representative has the right to:
150.3 	(1) protection as defined under the health care bill of rights under section 144.651;
150.4 	(2) designate an advocate to be present in all aspects of the person's and person's family's 
150.5 	services at the request of the person or the person's legal representative;
150.6 	(3) be informed of the agency policy on assigning staff to a person;
150.7 	(4) be informed of the opportunity to observe the person while receiving services;
150.8 	(5) be informed of services in a manner that respects and takes into consideration the 
150.9 	person's and the person's legal representative's culture, values, and preferences in accordance 
150.10 	with subdivision 3a;
150.11 	(6) be free from seclusion and restraint, except for emergency use of manual restraint 
150.12 	in emergencies as defined in section 245D.02, subdivision 8a;
150.13 	(7) be under the supervision of a responsible adult at all times;
150.14 	(8) be notified by the agency within 24 hours if an incident occurs or the person is injured 
150.15 	while receiving services, including what occurred and how agency staff responded to the 
150.16 	incident;
150.17 	(9) request a voluntary coordinated care conference; and
150.18 	(10) request a CMDE provider of the person's or the person's legal representative's 
150.19 	choice.; and
150.20 	(11) be free of all prohibitions as defined in Minnesota Rules, part 9544.0060.

150.21 	Sec. 47. Minnesota Statutes 2018, section 256B.0949, subdivision 15, is amended to read:
150.22 		Subd. 15.EIDBI provider qualifications. (a) A QSP must be employed by an agency 
150.23 	and be:
150.24 	(1) a licensed mental health professional who has at least 2,000 hours of supervised 
150.25 	clinical experience or training in examining or treating people with ASD or a related condition 
150.26 	or equivalent documented coursework at the graduate level by an accredited university in 
150.27 	ASD diagnostics, ASD developmental and behavioral treatment strategies, and typical child 
150.28 	development; or
150.29 	(2) a developmental or behavioral pediatrician who has at least 2,000 hours of supervised 
150.30 	clinical experience or training in examining or treating people with ASD or a related condition 
151.1 	or equivalent documented coursework at the graduate level by an accredited university in 
151.2 	the areas of ASD diagnostics, ASD developmental and behavioral treatment strategies, and 
151.3 	typical child development.
151.4 	(b) A level I treatment provider must be employed by an agency and:
151.5 	(1) have at least 2,000 hours of supervised clinical experience or training in examining 
151.6 	or treating people with ASD or a related condition or equivalent documented coursework 
151.7 	at the graduate level by an accredited university in ASD diagnostics, ASD developmental 
151.8 	and behavioral treatment strategies, and typical child development or an equivalent 
151.9 	combination of documented coursework or hours of experience; and
151.10 	(2) have or be at least one of the following:
151.11 	(i) a master's degree in behavioral health or child development or related fields including, 
151.12 	but not limited to, mental health, special education, social work, psychology, speech 
151.13 	pathology, or occupational therapy from an accredited college or university;
151.14 	(ii) a bachelor's degree in a behavioral health, child development, or related field 
151.15 	including, but not limited to, mental health, special education, social work, psychology, 
151.16 	speech pathology, or occupational therapy, from an accredited college or university, and 
151.17 	advanced certification in a treatment modality recognized by the department;
151.18 	(iii) a board-certified behavior analyst; or
151.19 	(iv) a board-certified assistant behavior analyst with 4,000 hours of supervised clinical 
151.20 	experience that meets all registration, supervision, and continuing education requirements 
151.21 	of the certification.
151.22 	(c) A level II treatment provider must be employed by an agency and must be:
151.23 	(1) a person who has a bachelor's degree from an accredited college or university in a 
151.24 	behavioral or child development science or related field including, but not limited to, mental 
151.25 	health, special education, social work, psychology, speech pathology, or occupational 
151.26 	therapy; and meet meets at least one of the following:
151.27 	(i) has at least 1,000 hours of supervised clinical experience or training in examining or 
151.28 	treating people with ASD or a related condition or equivalent documented coursework at 
151.29 	the graduate level by an accredited university in ASD diagnostics, ASD developmental and 
151.30 	behavioral treatment strategies, and typical child development or a combination of 
151.31 	coursework or hours of experience;
152.1 	(ii) has certification as a board-certified assistant behavior analyst from the Behavior 
152.2 	Analyst Certification Board;
152.3 	(iii) is a registered behavior technician as defined by the Behavior Analyst Certification 
152.4 	Board; or
152.5 	(iv) is certified in one of the other treatment modalities recognized by the department; 
152.6 	or
152.7 	(2) a person who has:
152.8 	(i) an associate's degree in a behavioral or child development science or related field 
152.9 	including, but not limited to, mental health, special education, social work, psychology, 
152.10 	speech pathology, or occupational therapy from an accredited college or university; and
152.11 	(ii) at least 2,000 hours of supervised clinical experience in delivering treatment to people 
152.12 	with ASD or a related condition. Hours worked as a mental health behavioral aide or level 
152.13 	III treatment provider may be included in the required hours of experience; or
152.14 	(3) a person who has at least 4,000 hours of supervised clinical experience in delivering 
152.15 	treatment to people with ASD or a related condition. Hours worked as a mental health 
152.16 	behavioral aide or level III treatment provider may be included in the required hours of 
152.17 	experience; or
152.18 	(4) a person who is a graduate student in a behavioral science, child development science, 
152.19 	or related field and is receiving clinical supervision by a QSP affiliated with an agency to 
152.20 	meet the clinical training requirements for experience and training with people with ASD 
152.21 	or a related condition; or
152.22 	(5) a person who is at least 18 years of age and who:
152.23 	(i) is fluent in a non-English language;
152.24 	(ii) completed the level III EIDBI training requirements; and
152.25 	(iii) receives observation and direction from a QSP or level I treatment provider at least 
152.26 	once a week until the person meets 1,000 hours of supervised clinical experience.
152.27 	(d) A level III treatment provider must be employed by an agency, have completed the 
152.28 	level III training requirement, be at least 18 years of age, and have at least one of the 
152.29 	following:
152.30 	(1) a high school diploma or commissioner of education-selected high school equivalency 
152.31 	certification;
153.1 	(2) fluency in a non-English language; or
153.2 	(3) one year of experience as a primary personal care assistant, community health worker, 
153.3 	waiver service provider, or special education assistant to a person with ASD or a related 
153.4 	condition within the previous five years.; or
153.5 	(4) completion of all required EIDBI training within six months of employment.

153.6 	Sec. 48. Minnesota Statutes 2018, section 256B.0949, subdivision 16, is amended to read:
153.7 		Subd. 16.Agency duties. (a) An agency delivering an EIDBI service under this section 
153.8 	must:
153.9 	(1) enroll as a medical assistance Minnesota health care program provider according to 
153.10 	Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all 
153.11 	applicable provider standards and requirements;
153.12 	(2) demonstrate compliance with federal and state laws for EIDBI service;
153.13 	(3) verify and maintain records of a service provided to the person or the person's legal 
153.14 	representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
153.15 	(4) demonstrate that while enrolled or seeking enrollment as a Minnesota health care 
153.16 	program provider the agency did not have a lead agency contract or provider agreement 
153.17 	discontinued because of a conviction of fraud; or did not have an owner, board member, or 
153.18 	manager fail a state or federal criminal background check or appear on the list of excluded 
153.19 	individuals or entities maintained by the federal Department of Human Services Office of 
153.20 	Inspector General;
153.21 	(5) have established business practices including written policies and procedures, internal 
153.22 	controls, and a system that demonstrates the organization's ability to deliver quality EIDBI 
153.23 	services;
153.24 	(6) have an office located in Minnesota or a border state;
153.25 	(7) conduct a criminal background check on an individual who has direct contact with 
153.26 	the person or the person's legal representative;
153.27 	(8) report maltreatment according to sections 626.556 and 626.557;
153.28 	(9) comply with any data requests consistent with the Minnesota Government Data 
153.29 	Practices Act, sections 256B.064 and 256B.27;
153.30 	(10) provide training for all agency staff on the requirements and responsibilities listed 
153.31 	in the Maltreatment of Minors Act, section 626.556, and the Vulnerable Adult Protection 
154.1 	Act, section 626.557, including mandated and voluntary reporting, nonretaliation, and the 
154.2 	agency's policy for all staff on how to report suspected abuse and neglect;
154.3 	(11) have a written policy to resolve issues collaboratively with the person and the 
154.4 	person's legal representative when possible. The policy must include a timeline for when 
154.5 	the person and the person's legal representative will be notified about issues that arise in 
154.6 	the provision of services;
154.7 	(12) provide the person's legal representative with prompt notification if the person is 
154.8 	injured while being served by the agency. An incident report must be completed by the 
154.9 	agency staff member in charge of the person. A copy of all incident and injury reports must 
154.10 	remain on file at the agency for at least five years from the report of the incident; and
154.11 	(13) before starting a service, provide the person or the person's legal representative a 
154.12 	description of the treatment modality that the person shall receive, including the staffing 
154.13 	certification levels and training of the staff who shall provide a treatment.
154.14 	(b) When delivering the ITP, and annually thereafter, an agency must provide the person 
154.15 	or the person's legal representative with:
154.16 	(1) a written copy and a verbal explanation of the person's or person's legal 
154.17 	representative's rights and the agency's responsibilities;
154.18 	(2) documentation in the person's file the date that the person or the person's legal 
154.19 	representative received a copy and explanation of the person's or person's legal 
154.20 	representative's rights and the agency's responsibilities; and
154.21 	(3) reasonable accommodations to provide the information in another format or language 
154.22 	as needed to facilitate understanding of the person's or person's legal representative's rights 
154.23 	and the agency's responsibilities.

154.24 	Sec. 49. Minnesota Statutes 2018, section 256D.02, subdivision 17, is amended to read:
154.25 		Subd. 17.Professional certification. "Professional certification" means a statement 
154.26 	about a person's illness, injury, or incapacity that is signed by a "qualified professional" as 
154.27 	defined in section 256J.08, subdivision 73a 256P.01, subdivision 6a.

154.28 	Sec. 50. Minnesota Statutes 2018, section 256I.03, subdivision 3, is amended to read:
154.29 		Subd. 3.Housing support. "Housing support" means a group living situation assistance
154.30 	that provides at a minimum room and board to unrelated persons who meet the eligibility 
154.31 	requirements of section 256I.04. To receive payment for a group residence rate housing 
155.1 	support, the residence must meet the requirements under section 256I.04, subdivisions 2a 
155.2 	to 2f.

155.3 	Sec. 51. Minnesota Statutes 2018, section 256I.03, subdivision 14, is amended to read:
155.4 		Subd. 14.Qualified professional. "Qualified professional" means an individual as 
155.5 	defined in section 256J.08, subdivision 73a, or245G.11, subdivision 3, 4, or 5, or 256P.01, 
155.6 	subdivision 6a; or an individual approved by the director of human services or a designee 
155.7 	of the director.

155.8 	Sec. 52. Minnesota Statutes 2019 Supplement, section 256I.04, subdivision 2b, is amended 
155.9 	to read:
155.10 		Subd. 2b.Housing support agreements. (a) Agreements between agencies and providers 
155.11 	of housing support must be in writing on a form developed and approved by the commissioner 
155.12 	and must specify the name and address under which the establishment subject to the 
155.13 	agreement does business and under which the establishment, or service provider, if different 
155.14 	from the group residential housing establishment, is licensed by the Department of Health 
155.15 	or the Department of Human Services; the specific license or registration from the 
155.16 	Department of Health or the Department of Human Services held by the provider and the 
155.17 	number of beds subject to that license; the address of the location or locations at which 
155.18 	group residential housing support is provided under this agreement; the per diem and monthly 
155.19 	rates that are to be paid from housing support funds for each eligible resident at each location; 
155.20 	the number of beds at each location which are subject to the agreement; whether the license 
155.21 	holder is a not-for-profit corporation under section 501(c)(3) of the Internal Revenue Code; 
155.22 	and a statement that the agreement is subject to the provisions of sections 256I.01 to 256I.06 
155.23 	and subject to any changes to those sections.
155.24 	(b) Providers are required to verify the following minimum requirements in the 
155.25 	agreement:
155.26 	(1) current license or registration, including authorization if managing or monitoring 
155.27 	medications;
155.28 	(2) all staff who have direct contact with recipients meet the staff qualifications;
155.29 	(3) the provision of housing support;
155.30 	(4) the provision of supplementary services, if applicable;
155.31 	(5) reports of adverse events, including recipient death or serious injury;
156.1 	(6) submission of residency requirements that could result in recipient eviction; and
156.2 	(7) confirmation that the provider will not limit or restrict the number of hours an 
156.3 	applicant or recipient chooses to be employed, as specified in subdivision 5.
156.4 	(c) Agreements may be terminated with or without cause by the commissioner, the 
156.5 	agency, or the provider with two calendar months prior notice. The commissioner may 
156.6 	immediately terminate an agreement under subdivision 2d.

156.7 	Sec. 53. Minnesota Statutes 2018, section 256I.05, subdivision 1c, is amended to read:
156.8 		Subd. 1c.Rate increases. An agency may not increase the rates negotiated for housing 
156.9 	support above those in effect on June 30, 1993, except as provided in paragraphs (a) to (f).
156.10 	(a) An agency may increase the rates for room and board to the MSA equivalent rate 
156.11 	for those settings whose current rate is below the MSA equivalent rate.
156.12 	(b) An agency may increase the rates for residents in adult foster care whose difficulty 
156.13 	of care has increased. The total housing support rate for these residents must not exceed the 
156.14 	maximum rate specified in subdivisions 1 and 1a. Agencies must not include nor increase 
156.15 	difficulty of care rates for adults in foster care whose difficulty of care is eligible for funding 
156.16 	by home and community-based waiver programs under title XIX of the Social Security Act.
156.17 	(c) The room and board rates will be increased each year when the MSA equivalent rate 
156.18 	is adjusted for SSI cost-of-living increases by the amount of the annual SSI increase, less 
156.19 	the amount of the increase in the medical assistance personal needs allowance under section 
156.20 	256B.35.
156.21 	(d) When housing support pays for an individual's room and board, or other costs 
156.22 	necessary to provide room and board, the rate payable to the residence must continue for 
156.23 	up to 18 calendar days per incident that the person is temporarily absent from the residence, 
156.24 	not to exceed 60 days in a calendar year, if the absence or absences have received the prior 
156.25 	approval of are reported in advance to the county agency's social service staff. Prior approval
156.26 	Advance reporting is not required for emergency absences due to crisis, illness, or injury.
156.27 	(e) For facilities meeting substantial change criteria within the prior year. Substantial 
156.28 	change criteria exists if the establishment experiences a 25 percent increase or decrease in 
156.29 	the total number of its beds, if the net cost of capital additions or improvements is in excess 
156.30 	of 15 percent of the current market value of the residence, or if the residence physically 
156.31 	moves, or changes its licensure, and incurs a resulting increase in operation and property 
156.32 	costs.
157.1 	(f) Until June 30, 1994, an agency may increase by up to five percent the total rate paid 
157.2 	for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33 to 256D.54 who 
157.3 	reside in residences that are licensed by the commissioner of health as a boarding care home, 
157.4 	but are not certified for the purposes of the medical assistance program. However, an increase 
157.5 	under this clause must not exceed an amount equivalent to 65 percent of the 1991 medical 
157.6 	assistance reimbursement rate for nursing home resident class A, in the geographic grouping 
157.7 	in which the facility is located, as established under Minnesota Rules, parts 9549.0051 to 
157.8 	9549.0058.

157.9 	Sec. 54. Minnesota Statutes 2018, section 256I.05, subdivision 1n, is amended to read:
157.10 		Subd. 1n.Supplemental rate; Mahnomen County. Notwithstanding the provisions of 
157.11 	this section, for the rate period July 1, 2010, to June 30, 2011, a county agency shall negotiate 
157.12 	a supplemental service rate in addition to the rate specified in subdivision 1, not to exceed 
157.13 	$753 per month or the existing rate, including any legislative authorized inflationary 
157.14 	adjustments, for a group residential housing support provider located in Mahnomen County 
157.15 	that operates a 28-bed facility providing 24-hour care to individuals who are homeless, 
157.16 	disabled, chemically dependent, mentally ill, or chronically homeless.

157.17 	Sec. 55. Minnesota Statutes 2018, section 256I.05, subdivision 8, is amended to read:
157.18 		Subd. 8.State participation. For a resident of a group residence person who is eligible 
157.19 	under section 256I.04, subdivision 1, paragraph (b), state participation in the group residential
157.20 	housing support payment is determined according to section 256D.03, subdivision 2. For 
157.21 	a resident of a group residence person who is eligible under section 256I.04, subdivision 1, 
157.22 	paragraph (a), state participation in the group residential housing support rate is determined 
157.23 	according to section 256D.36.

157.24 	Sec. 56. Minnesota Statutes 2018, section 256I.06, subdivision 2, is amended to read:
157.25 		Subd. 2.Time of payment. A county agency may make payments in advance for an 
157.26 	individual whose stay is expected to last beyond the calendar month for which the payment 
157.27 	is made. Housing support payments made by a county agency on behalf of an individual 
157.28 	who is not expected to remain in the group residence establishment beyond the month for 
157.29 	which payment is made must be made subsequent to the individual's departure from the 
157.30 	residence.

158.1 	Sec. 57. Minnesota Statutes 2018, section 256I.06, is amended by adding a subdivision 
158.2 	to read:
158.3 		Subd. 10. Correction of overpayments and underpayments. The agency shall make 
158.4 	an adjustment to housing support payments issued to individuals consistent with requirements 
158.5 	of federal law and regulation and state law and rule and shall issue or recover benefits as 
158.6 	appropriate. A recipient or former recipient is not responsible for overpayments due to 
158.7 	agency error, unless the amount of the overpayment is large enough that a reasonable person 
158.8 	would know it is an error.

158.9 	Sec. 58. Minnesota Statutes 2018, section 256J.08, subdivision 73a, as amended by Laws 
158.10 	2020, chapter 115, article 4, section 131, is amended to read:
158.11 		Subd. 73a.Qualified professional. (a) For physical illness, injury, or incapacity, a 
158.12 	"qualified professional" means a licensed physician, a physician assistant, an advanced 
158.13 	practice registered nurse, or a licensed chiropractor. "Qualified professional" means an 
158.14 	individual as defined in section 256P.01, subdivision 6a.
158.15 	(b) For developmental disability and intelligence testing, a "qualified professional" 
158.16 	means an individual qualified by training and experience to administer the tests necessary 
158.17 	to make determinations, such as tests of intellectual functioning, assessments of adaptive 
158.18 	behavior, adaptive skills, and developmental functioning. These professionals include 
158.19 	licensed psychologists, certified school psychologists, or certified psychometrists working 
158.20 	under the supervision of a licensed psychologist.
158.21 	(c) For learning disabilities, a "qualified professional" means a licensed psychologist or 
158.22 	school psychologist with experience determining learning disabilities.
158.23 	(d) For mental health, a "qualified professional" means a licensed physician or a qualified 
158.24 	mental health professional. A "qualified mental health professional" means:
158.25 	(1) for children, in psychiatric nursing, a registered nurse or advanced practice registered 
158.26 	nurse who is licensed under sections 148.171 to 148.285, and who is certified as a clinical 
158.27 	specialist in child and adolescent psychiatric or mental health nursing by a national nurse 
158.28 	certification organization or who has a master's degree in nursing or one of the behavioral 
158.29 	sciences or related fields from an accredited college or university or its equivalent, with at 
158.30 	least 4,000 hours of post-master's supervised experience in the delivery of clinical services 
158.31 	in the treatment of mental illness;
158.32 	(2) for adults, in psychiatric nursing, a registered nurse or advanced practice registered 
158.33 	nurse who is licensed under sections 148.171 to 148.285, and who is certified as a clinical 
159.1 	specialist in adult psychiatric and mental health nursing by a national nurse certification 
159.2 	organization or who has a master's degree in nursing or one of the behavioral sciences or 
159.3 	related fields from an accredited college or university or its equivalent, with at least 4,000 
159.4 	hours of post-master's supervised experience in the delivery of clinical services in the 
159.5 	treatment of mental illness;
159.6 	(3) in clinical social work, a person licensed as an independent clinical social worker 
159.7 	under chapter 148D, or a person with a master's degree in social work from an accredited 
159.8 	college or university, with at least 4,000 hours of post-master's supervised experience in 
159.9 	the delivery of clinical services in the treatment of mental illness;
159.10 	(4) in psychology, an individual licensed by the Board of Psychology under sections 
159.11 	148.88 to 148.98, who has stated to the Board of Psychology competencies in the diagnosis 
159.12 	and treatment of mental illness;
159.13 	(5) in psychiatry, a physician licensed under chapter 147 and certified by the American 
159.14 	Board of Psychiatry and Neurology or eligible for board certification in psychiatry;
159.15 	(6) in marriage and family therapy, the mental health professional must be a marriage 
159.16 	and family therapist licensed under sections 148B.29 to 148B.39, with at least two years of 
159.17 	post-master's supervised experience in the delivery of clinical services in the treatment of 
159.18 	mental illness; and
159.19 	(7) in licensed professional clinical counseling, the mental health professional shall be 
159.20 	a licensed professional clinical counselor under section 148B.5301 with at least 4,000 hours 
159.21 	of post-master's supervised experience in the delivery of clinical services in the treatment 
159.22 	of mental illness.

159.23 	Sec. 59. [256K.451] MINOR CONSENT TO HOMELESS AND SEXUALLY 
159.24 	EXPLOITED YOUTH SERVICES.
159.25 	A minor living separately from the minor's parent or legal guardian may give consent 
159.26 	to receive homeless youth services and services for sexually exploited youth. A minor's 
159.27 	consent to receive services does not affect a parent or legal guardian's custody of the minor.

159.28 	Sec. 60. Minnesota Statutes 2018, section 256N.02, subdivision 14a, is amended to read:
159.29 		Subd. 14a.Licensed child foster parent. "Licensed child foster parent" means a person
159.30 	an individual or family who is licensed for child foster care under Minnesota Rules, parts 
159.31 	2960.3000 to 2960.3340 chapter 2960, excluding foster residence settings licensed under 
160.1 	Minnesota Rules, parts 2960.3200 to 2960.3230, or licensed or approved by a Minnesota 
160.2 	tribe in accordance with tribal standards with whom the foster child resides.

160.3 	EFFECTIVE DATE. This section is effective September 30, 2021.

160.4 	Sec. 61. Minnesota Statutes 2018, section 256N.21, subdivision 2, is amended to read:
160.5 		Subd. 2.Placement in foster care. To be eligible for foster care benefits under this 
160.6 	section, the child must be in placement away from the child's legal parent, guardian, or 
160.7 	Indian custodian as defined in section 260.755, subdivision 10, and must meet one of the 
160.8 	criteria in clause (1) and either clause (2) or (3):
160.9 	(1) the legally responsible agency must have placement authority to place the child with: 
160.10 	(i) a voluntary placement agreement or a court order, consistent with sections 260B.198, 
160.11 	260C.001, and 260D.01, or consistent with section 260C.451 for a child 18 years old or 
160.12 	older and under age 21 who maintains eligibility for foster care; or (ii) a voluntary placement 
160.13 	agreement or court order by a Minnesota tribe that is consistent with United States Code, 
160.14 	title 42, section 672(a)(2); and
160.15 	(2) the child is placed with a licensed child foster parent who resides with the child; or
160.16 	(3) the child is placed in one of the following unlicensed child foster care settings:
160.17 	(i) an emergency relative placement under tribal licensing regulations or section 
160.18 	245A.035, with the legally responsible agency ensuring the relative completes the required 
160.19 	child foster care application process;
160.20 	(ii) a licensed adult foster home with an approved age variance under section 245A.16
160.21 	for no more than six months where the license holder resides with the child;
160.22 	(iii) for a child 18 years old or older and under age 21 who is eligible for extended foster 
160.23 	care under section 260C.451, an unlicensed supervised independent living setting approved 
160.24 	by the agency responsible for the child's care; or
160.25 	(iv) a preadoptive placement in a home specified in section 245A.03, subdivision 2, 
160.26 	paragraph (a), clause (9), with an approved adoption home study and signed adoption 
160.27 	placement agreement.

160.28 	EFFECTIVE DATE. This section is effective September 30, 2021.

160.29 	Sec. 62. Minnesota Statutes 2018, section 256N.21, subdivision 5, is amended to read:
160.30 		Subd. 5.Excluded activities. The basic and supplemental difficulty of care payment 
160.31 	represents costs for activities similar in nature to those expected of parents, and does not 
161.1 	cover services rendered by the licensed or tribally approved foster parent, facility, or 
161.2 	administrative costs or fees. The financially responsible agency may pay an additional fee 
161.3 	for specific services provided by the licensed foster parent or facility. A foster parent or 
161.4 	residence setting must distinguish such a service from the daily care of the child as assessed 
161.5 	through the process under section 256N.24.

161.6 	EFFECTIVE DATE. This section is effective September 30, 2021.

161.7 	Sec. 63. Minnesota Statutes 2018, section 256N.24, subdivision 4, is amended to read:
161.8 		Subd. 4.Extraordinary levels. (a) The assessment tool established under subdivision 
161.9 	2 must provide a mechanism through which up to five levels can be added to the supplemental 
161.10 	difficulty of care for a particular child under section 256N.26, subdivision 4. In establishing 
161.11 	the assessment tool, the commissioner must design the tool so that the levels applicable to 
161.12 	the portions of the assessment other than the extraordinary levels can accommodate the 
161.13 	requirements of this subdivision.
161.14 	(b) These extraordinary levels are available when all of the following circumstances 
161.15 	apply:
161.16 	(1) the child has extraordinary needs as determined by the assessment tool provided for 
161.17 	under subdivision 2, and the child meets other requirements established by the commissioner, 
161.18 	such as a minimum score on the assessment tool;
161.19 	(2) the child's extraordinary needs require extraordinary care and intense supervision 
161.20 	that is provided by the child's caregiver as part of the parental duties as described in the 
161.21 	supplemental difficulty of care rate, section 256N.02, subdivision 21. This extraordinary 
161.22 	care provided by the caregiver is required so that the child can be safely cared for in the 
161.23 	home and community, and prevents residential placement;
161.24 	(3) the child is physically living in a foster family setting, as defined in Minnesota Rules, 
161.25 	part 2960.3010, subpart 23, in a foster residence setting, or physically living in the home 
161.26 	with the adoptive parent or relative custodian; and
161.27 	(4) the child is receiving the services for which the child is eligible through medical 
161.28 	assistance programs or other programs that provide necessary services for children with 
161.29 	disabilities or other medical and behavioral conditions to live with the child's family, but 
161.30 	the agency with caregiver's input has identified a specific support gap that cannot be met 
161.31 	through home and community support waivers or other programs that are designed to provide 
161.32 	support for children with special needs.
162.1 	(c) The agency completing an assessment, under subdivision 2, that suggests an 
162.2 	extraordinary level must document as part of the assessment, the following:
162.3 	(1) the assessment tool that determined that the child's needs or disabilities require 
162.4 	extraordinary care and intense supervision;
162.5 	(2) a summary of the extraordinary care and intense supervision that is provided by the 
162.6 	caregiver as part of the parental duties as described in the supplemental difficulty of care 
162.7 	rate, section 256N.02, subdivision 21;
162.8 	(3) confirmation that the child is currently physically residing in the foster family setting 
162.9 	or in the home with the foster parent, adoptive parent, or relative custodian;
162.10 	(4) the efforts of the agency, caregiver, parents, and others to request support services 
162.11 	in the home and community that would ease the degree of parental duties provided by the 
162.12 	caregiver for the care and supervision of the child. This would include documentation of 
162.13 	the services provided for the child's needs or disabilities, and the services that were denied 
162.14 	or not available from the local social service agency, community agency, the local school 
162.15 	district, local public health department, the parent, or child's medical insurance provider;
162.16 	(5) the specific support gap identified that places the child's safety and well-being at risk 
162.17 	in the home or community and is necessary to prevent residential placement; and
162.18 	(6) the extraordinary care and intense supervision provided by the foster, adoptive, or 
162.19 	guardianship caregivers to maintain the child safely in the child's home and prevent residential 
162.20 	placement that cannot be supported by medical assistance or other programs that provide 
162.21 	services, necessary care for children with disabilities, or other medical or behavioral 
162.22 	conditions in the home or community.
162.23 	(d) An agency completing an assessment under subdivision 2 that suggests an 
162.24 	extraordinary level is appropriate must forward the assessment and required documentation 
162.25 	to the commissioner. If the commissioner approves, the extraordinary levels must be 
162.26 	retroactive to the date the assessment was forwarded.

162.27 	EFFECTIVE DATE. This section is effective September 30, 2021.

162.28 	Sec. 64. Minnesota Statutes 2018, section 256P.01, is amended by adding a subdivision 
162.29 	to read:
162.30 		Subd. 6a.Qualified professional. (a) For illness, injury, or incapacity, a "qualified 
162.31 	professional" means a licensed physician, physician assistant, advanced practice registered 
163.1 	nurse, physical therapist, occupational therapist, or licensed chiropractor, according to their 
163.2 	scope of practice.
163.3 	(b) For developmental disability, learning disability, and intelligence testing, a "qualified 
163.4 	professional" means a licensed physician, physician assistant, advanced practice registered 
163.5 	nurse, licensed independent clinical social worker, licensed psychologist, certified school 
163.6 	psychologist, or certified psychometrist working under the supervision of a licensed 
163.7 	psychologist.
163.8 	(c) For mental health, a "qualified professional" means a licensed physician, advanced 
163.9 	practice registered nurse, or qualified mental health professional under section 245.462, 
163.10 	subdivision 18, clauses (1) to (6).
163.11 	(d) For substance use disorder, a "qualified professional" means a licensed physician, a 
163.12 	qualified mental health professional under section 245.462, subdivision 18, clauses (1) to 
163.13 	(6), or an individual as defined in section 245G.11, subdivision 3, 4, or 5.

163.14 	Sec. 65. Minnesota Statutes 2018, section 257.70, is amended to read:
163.15 	257.70 HEARINGS AND RECORDS; CONFIDENTIALITY.
163.16 	(a) Notwithstanding any other law concerning public hearings and records, any hearing 
163.17 	or trial held under sections 257.51 to 257.74 shall be held in closed court without admittance 
163.18 	of any person other than those necessary to the action or proceeding. All papers and records, 
163.19 	other than the final judgment, pertaining to the action or proceeding, whether part of the 
163.20 	permanent record of the court or of a file in the state Department of Human Services or 
163.21 	elsewhere, are subject to inspection only upon consent of the court and all interested persons, 
163.22 	or in exceptional cases only upon an order of the court for good cause shown.
163.23 	(b) In all actions under this chapter in which public assistance is assigned under section 
163.24 	256.741 or the public authority provides services to a party or parties to the action, 
163.25 	notwithstanding statutory or other authorization for the public authority to shall not release 
163.26 	private data on the location of a party to the action, information on the location of one a
163.27 	party may not be released by the public authority to the other party to the action or the joint 
163.28 	child if:
163.29 	(1) the public authority has knowledge that one party is currently subject to a protective 
163.30 	order with respect to the other party has been entered or the joint child, and the protected 
163.31 	party or guardian of the joint child has not authorized disclosure; or
163.32 	(2) the public authority has reason to believe that the release of the information may 
163.33 	result in physical or emotional harm to the othera party or the joint child.

164.1 	Sec. 66. [260.7611] COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT 
164.2 	ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
164.3 	A tribe and a county may enter a written agreement transferring responsibility for the 
164.4 	screening and initial response to a child maltreatment report regarding an Indian child 
164.5 	residing in the county where the child's reservation is located, from the county to the tribe. 
164.6 	An agreement under this subdivision shall include a provision clarifying whether the county 
164.7 	or the tribe is responsible for ongoing case management stemming from a child maltreatment 
164.8 	report.

164.9 	Sec. 67. Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision 
164.10 	to read:
164.11 		Subd. 16a.Family and permanency team. "Family and permanency team" means a  
164.12 	team consisting of the child's parent or legal custodian, relatives, foster care providers, and 
164.13 	professionals who are resources to the child's family such as teachers, medical or mental 
164.14 	health providers who have treated the child, or clergy, as appropriate. In the case of an 
164.15 	Indian child, the family and permanency team includes tribal representatives, delegates, 
164.16 	and cultural resources as identified by the child's tribe. Consistent with section 260C.212, 
164.17 	subdivision 1, paragraph (b), if the child is age 14 or older, the team must also include two 
164.18 	team members that the child selects who are not the child's foster parent or caseworker. The 
164.19 	responsible social services agency may reject an individual that the child selects if the agency 
164.20 	has good cause to believe that the individual would not act in the best interests of the child.

164.21 	EFFECTIVE DATE. This section is effective September 30, 2021.

164.22 	Sec. 68. Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision 
164.23 	to read:
164.24 		Subd. 16b.Family foster home. "Family foster home" means the home of an individual 
164.25 	or family who is licensed for child foster care under Minnesota Statutes, chapter 245A, 
164.26 	meeting the standards in Minnesota Rules, chapter 2960, excluding foster residence settings 
164.27 	licensed under Minnesota Rules, parts 2960.3000 to 2960.3200, or licensed or approved by 
164.28 	a tribe in accordance with tribal standards with whom the foster child resides. Family foster 
164.29 	home includes an emergency unlicensed relative placement under section 245A.035.

164.30 	EFFECTIVE DATE. This section is effective September 30, 2021.

165.1 	Sec. 69. Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision 
165.2 	to read:
165.3 		Subd. 21a.Legal authority to place the child.  "Legal authority to place the child" 
165.4 	means that the agency has legal responsibility for the care and control of the child while 
165.5 	the child is in foster care. The agency may have legal authority to place a child through a 
165.6 	court order under this chapter through a voluntary placement agreement between the agency 
165.7 	and the child's parent under section 260C.227 or, in the case of an Indian child, through 
165.8 	tribal court.

165.9 	EFFECTIVE DATE. This section is effective September 30, 2021.

165.10 	Sec. 70. Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision 
165.11 	to read:
165.12 		Subd. 25a.Permanency plan. "Permanency plan" means the established goal in the 
165.13 	out-of-home placement plan that will achieve a safe, permanent home for the child. There 
165.14 	are four permanency goals for children:
165.15 	(1) reunification with the child's parent or legal guardian;
165.16 	(2) placement with other relatives;
165.17 	(3) adoption; or
165.18 	(4) establishment of a new legal guardianship.

165.19 	EFFECTIVE DATE. This section is effective September 30, 2021.

165.20 	Sec. 71. Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision 
165.21 	to read:
165.22 		Subd. 26c.Qualified individual. "Qualified individual" means a trained culturally 
165.23 	competent professional or licensed clinician, including a mental health professional under 
165.24 	section 245.4871, subdivision 27, who is not an employee of the responsible social services 
165.25 	agency and who is not connected to or affiliated with any placement setting in which a 
165.26 	responsible social services agency has placed children.

165.27 	EFFECTIVE DATE. This section is effective September 30, 2021.

166.1 	Sec. 72. Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision 
166.2 	to read:
166.3 		Subd. 26d.Qualified residential treatment program. "Qualified residential treatment 
166.4 	program" means a children's residential treatment program licensed under chapter 245A or 
166.5 	licensed or approved by a tribe that is approved to receive foster care maintenance payments 
166.6 	under section 256.82 that:
166.7 	(1) has a trauma-informed treatment model designed to address the needs of children 
166.8 	with serious emotional or behavioral disorders or disturbances;
166.9 	(2) has registered or licensed nursing staff and other licensed clinical staff who:
166.10 	(i) provide care within the scope of their practice; and
166.11 	(ii) are available 24 hours per day and seven days per week;
166.12 	(3) is accredited by any of the following independent, nonprofit organizations: the 
166.13 	Commission on Accreditation of Rehabilitation Facilities (CARF), the Joint Commission 
166.14 	on Accreditation of Healthcare Organizations (JCAHO), and the Council on Accreditation 
166.15 	(COA), or any other nonprofit accrediting organization approved by the United States 
166.16 	Department of Health and Human Services;
166.17 	(4) if it is in the child's best interests, facilitates participation of the child's family members 
166.18 	in the child's treatment programming consistent with the child's out-of-home placement 
166.19 	plan under sections 260C.212, subdivision 1, and 260C.708;
166.20 	(5) facilitates outreach to family members of the child, including siblings;
166.21 	(6) documents how the facility facilitates outreach to the child's parents and relatives, 
166.22 	as well as documents the child's parents' and other relatives' contact information;
166.23 	(7) documents how the facility includes family members in the child's treatment process, 
166.24 	including after the child's discharge, and how the facility maintains the child's sibling 
166.25 	connections; and
166.26 	(8) provides the child and child's family with discharge planning and family-based 
166.27 	aftercare support for at least six months after the child's discharge.

166.28 	EFFECTIVE DATE. This section is effective September 30, 2021.

167.1 	Sec. 73. Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision 
167.2 	to read:
167.3 		Subd. 27b.Residential treatment facility. "Residential treatment facility" means a 
167.4 	24-hour-a-day program that provides treatment for children with emotional disturbance, 
167.5 	consistent with section 245.4871, subdivision 32, and includes a licensed residential program 
167.6 	specializing in caring 24 hours a day for children with a developmental delay or related 
167.7 	condition. A residential treatment facility does not include a psychiatric residential treatment 
167.8 	facility under section 256B.0941 or a family foster home as defined in section 260C.007, 
167.9 	subdivision 16b.

167.10 	Sec. 74. Minnesota Statutes 2018, section 260C.157, subdivision 3, is amended to read:
167.11 		Subd. 3.Juvenile treatment screening team. (a) The responsible social services agency 
167.12 	shall establish a juvenile treatment screening team to conduct screenings and prepare case 
167.13 	plans under this chapter, chapter 260D, and section 245.487, subdivision 3., for a child to 
167.14 	receive treatment for an emotional disturbance, a developmental disability, or related 
167.15 	condition in a residential treatment facility licensed by the commissioner of human services 
167.16 	under chapter 245A, or licensed or approved by a tribe. A screening team is not required 
167.17 	for a child to be in: (1) a residential facility specializing in prenatal, postpartum, or parenting 
167.18 	support; (2) a facility specializing in high-quality residential care and supportive services 
167.19 	to children and youth who are sex-trafficking victims or are at risk of becoming 
167.20 	sex-trafficking victims; (3) supervised settings for youth 18 years old or older  living 
167.21 	independently; or (4) a licensed residential family-based treatment facility for substance 
167.22 	abuse consistent with section 260C.190. Screenings are also not required when a child must 
167.23 	be placed in a facility due to an emotional crisis or other mental health emergency.
167.24 	(b) The responsible social services agency shall conduct screenings shall be conducted
167.25 	within 15 days of a request for a screening, unless the screening is for the purpose of 
167.26 	placement in mental health residential treatment and the child is enrolled in a prepaid health 
167.27 	program under section 256B.69, in which case the agency shall conduct the screening shall 
167.28 	be conducted within ten working days of a request. The responsible social services agency 
167.29 	shall convene the team, which may be the team constituted under section 245.4885 or 
167.30 	256B.092 or Minnesota Rules, parts 9530.6600 to 9530.6655,. The team shall consist of 
167.31 	social workers, juvenile justice professionals,; persons with expertise in the treatment of 
167.32 	juveniles who are emotionally disabled, chemically dependent, or have a developmental 
167.33 	disability,; and the child's parent, guardian, or permanent legal custodian under Minnesota 
167.34 	Statutes 2010, section 260C.201, subdivision 11, or section 260C.515, subdivision 4. The 
168.1 	team may be the same team as defined in section 260B.157, subdivision 3. The team may 
168.2 	include the child's relatives as defined in section 260C.007, subdivisions 26b and 27, the 
168.3 	child's foster care provider, and professionals who are a resource to the child's family such 
168.4 	as teachers, medical or mental health providers, and clergy, as appropriate, consistent with 
168.5 	the family and permanency team as defined in section 260C.007, subdivision 16a. Prior to 
168.6 	forming the team, the responsible social services agency must consult with the child if the 
168.7 	child is age 14 or older, the child's parents, and, if applicable, the child's tribe to ensure that 
168.8 	the team is family-centered and will act in the child's best interest. If the child, child's parents, 
168.9 	or legal guardians raise concerns about specific relatives or professionals, the team should 
168.10 	not include those individuals. This provision does not apply to paragraph (c).
168.11 	(b) The social services agency shall determine whether a child brought to its attention 
168.12 	for the purposes described in this section is an Indian child, as defined in section 260C.007, 
168.13 	subdivision 21, and shall determine the identity of the Indian child's tribe, as defined in 
168.14 	section 260.755, subdivision 9. When a child to be evaluated (c) If the agency provides 
168.15 	notice to tribes under section 260.761, and the child screened is an Indian child, the team 
168.16 	provided in paragraph (a) shall include responsible social services agency must make a 
168.17 	rigorous and concerted effort to include a designated representative of the Indian child's 
168.18 	tribe on the juvenile treatment screening team, unless the child's tribal authority declines to 
168.19 	appoint a representative. The Indian child's tribe may delegate its authority to represent the 
168.20 	child to any other federally recognized Indian tribe, as defined in section 260.755, subdivision 
168.21 	12. The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, 
168.22 	sections 1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 
168.23 	to 260.835, apply to this section.
168.24 	(c) (d) If the court, prior to, or as part of, a final disposition or other court order, proposes 
168.25 	to place a child: with an emotional disturbance or developmental disability or related 
168.26 	condition in residential treatment, the responsible social services agency must conduct a 
168.27 	screening. If the team recommends treating the child in a qualified residential treatment 
168.28 	program, the agency must follow the requirements of sections 260C.70 to 260C.714.
168.29 	(1) for the primary purpose of treatment for an emotional disturbance, a developmental 
168.30 	disability, or chemical dependency in a residential treatment facility out of state or in one 
168.31 	which is within the state and licensed by the commissioner of human services under chapter 
168.32 	245A; or
168.33 	(2) in any out-of-home setting potentially exceeding 30 days in duration, including a 
168.34 	postdispositional placement in a facility licensed by the commissioner of corrections or 
168.35 	human services, The court shall ascertain whether the child is an Indian child and shall 
169.1 	notify the county welfare agency responsible social services agency and, if the child is an 
169.2 	Indian child, shall notify the Indian child's tribe. The county's juvenile treatment screening 
169.3 	team must either: (i) screen and evaluate the child and file its recommendations with the 
169.4 	court within 14 days of receipt of the notice; or (ii) elect not to screen a given case and 
169.5 	notify the court of that decision within three working days as paragraph (c) requires.
169.6 	(d) The child may not be placed for the primary purpose of treatment for an emotional 
169.7 	disturbance, a developmental disability, or chemical dependency, in a residential treatment 
169.8 	facility out of state nor in a residential treatment facility within the state that is licensed 
169.9 	under chapter 245A, unless one of the following conditions applies:
169.10 	(1) a treatment professional certifies that an emergency requires the placement of the 
169.11 	child in a facility within the state;
169.12 	(2) the screening team has evaluated the child and recommended that a residential 
169.13 	placement is necessary to meet the child's treatment needs and the safety needs of the 
169.14 	community, that it is a cost-effective means of meeting the treatment needs, and that it will 
169.15 	be of therapeutic value to the child; or
169.16 	(3) the court, having reviewed a screening team recommendation against placement, 
169.17 	determines to the contrary that a residential placement is necessary. The court shall state 
169.18 	the reasons for its determination in writing, on the record, and shall respond specifically to 
169.19 	the findings and recommendation of the screening team in explaining why the 
169.20 	recommendation was rejected. The attorney representing the child and the prosecuting 
169.21 	attorney shall be afforded an opportunity to be heard on the matter.
169.22 	(e) When the county's juvenile treatment screening team has elected to screen and evaluate 
169.23 	a child determined to be an Indian child, the team shall provide notice to the tribe or tribes 
169.24 	that accept jurisdiction for the Indian child or that recognize the child as a member of the 
169.25 	tribe or as a person eligible for membership in the tribe, and permit the tribe's representative 
169.26 	to participate in the screening team.
169.27 	(e) When the responsible social services agency is responsible for placing and caring 
169.28 	for the child and the screening team recommends placing a child in a qualified residential 
169.29 	treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1) 
169.30 	begin the assessment and processes required in section 260C.704 without delay; and (2) 
169.31 	conduct a relative search according to section 260C.221 to assemble the child's family and 
169.32 	permanency team under section 260C.706. Prior to notifying relatives regarding the family 
169.33 	and permanency team, the responsible social services agency must consult with the child 
169.34 	if the child is age 14 or older, the child's parents and, if applicable, the child's tribe to ensure 
170.1 	that the agency is providing notice to individuals who will act in the child's best interest. 
170.2 	The child and the child's parents may identify a culturally competent qualified individual 
170.3 	to complete the child's assessment. The agency shall make efforts to refer the assessment 
170.4 	to the identified qualified individual. The assessment may not be delayed for the purpose 
170.5 	of having the assessment completed by a specific qualified individual.
170.6 	(f) When a screening team determines that a child does not need treatment in a qualified 
170.7 	residential treatment program, the screening team must:
170.8 	(1) document the services and supports that will prevent the child's foster care placement  
170.9 	and will support the child remaining at home;
170.10 	(2) document the services and supports that the agency will arrange to place the child 
170.11 	in a family foster home; or
170.12 	(3) document the services and supports that the agency has provided in any other setting.
170.13 	(f) (g) When the Indian child's tribe or tribal health care services provider or Indian 
170.14 	Health Services provider proposes to place a child for the primary purpose of treatment for 
170.15 	an emotional disturbance, a developmental disability, or co-occurring emotional disturbance 
170.16 	and chemical dependency, the Indian child's tribe or the tribe delegated by the child's tribe 
170.17 	shall submit necessary documentation to the county juvenile treatment screening team, 
170.18 	which must invite the Indian child's tribe to designate a representative to the screening team.
170.19 	(h) The responsible social services agency must conduct and document the screening in 
170.20 	a format approved by the commissioner of human services.

170.21 	EFFECTIVE DATE. This section is effective September 30, 2021.

170.22 	Sec. 75. Minnesota Statutes 2018, section 260C.202, is amended to read:
170.23 	260C.202 COURT REVIEW OF FOSTER CARE.
170.24 	(a) If the court orders a child placed in foster care, the court shall review the out-of-home 
170.25 	placement plan and the child's placement at least every 90 days as required in juvenile court 
170.26 	rules to determine whether continued out-of-home placement is necessary and appropriate 
170.27 	or whether the child should be returned home. This review is not required if the court has 
170.28 	returned the child home, ordered the child permanently placed away from the parent under 
170.29 	sections 260C.503 to 260C.521, or terminated rights under section 260C.301. Court review 
170.30 	for a child permanently placed away from a parent, including where the child is under 
170.31 	guardianship of the commissioner, shall be governed by section 260C.607. When a child 
170.32 	is placed in a qualified residential treatment program setting as defined in section 260C.007, 
171.1 	subdivision 26d, the responsible social services agency must submit evidence to the court 
171.2 	as specified in section 260C.712.
171.3 	(b) No later than three months after the child's placement in foster care, the court shall 
171.4 	review agency efforts pursuant to section 260C.221, and order that the efforts continue if 
171.5 	the agency has failed to perform the duties under that section. The court must order the 
171.6 	agency to continue to appropriately engage relatives who responded to the notice under 
171.7 	section 260C.221 in placement and case planning decisions and to engage other relatives 
171.8 	who came to the agency's attention after notice under section 260C.221 was sent.
171.9 	(c) The court shall review the out-of-home placement plan and may modify the plan as 
171.10 	provided under section 260C.201, subdivisions 6 and 7.
171.11 	(d) When the court orders transfer of custody to a responsible social services agency 
171.12 	resulting in foster care or protective supervision with a noncustodial parent under subdivision 
171.13 	1, the court shall notify the parents of the provisions of sections 260C.204 and 260C.503
171.14 	to 260C.521, as required under juvenile court rules.
171.15 	(e) When a child remains in or returns to foster care pursuant to section 260C.451 and 
171.16 	the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the 
171.17 	court shall at least annually conduct the review required under section 260C.203.

171.18 	EFFECTIVE DATE. This section is effective September 30, 2021.

171.19 	Sec. 76. Minnesota Statutes 2018, section 260C.204, is amended to read:
171.20 	260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER 
171.21 	CARE FOR SIX MONTHS.
171.22 	(a) When a child continues in placement out of the home of the parent or guardian from 
171.23 	whom the child was removed, no later than six months after the child's placement the court 
171.24 	shall conduct a permanency progress hearing to review:
171.25 	(1) the progress of the case, the parent's progress on the case plan or out-of-home 
171.26 	placement plan, whichever is applicable;
171.27 	(2) the agency's reasonable, or in the case of an Indian child, active efforts for 
171.28 	reunification and its provision of services;
171.29 	(3) the agency's reasonable efforts to finalize the permanent plan for the child under 
171.30 	section 260.012, paragraph (e), and to make a placement as required under section 260C.212, 
171.31 	subdivision 2, in a home that will commit to being the legally permanent family for the 
172.1 	child in the event the child cannot return home according to the timelines in this section; 
172.2 	and
172.3 	(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian 
172.4 	family and to make a placement according to the placement preferences under United States 
172.5 	Code, title 25, chapter 21, section 1915.
172.6 	(b) When a child is placed in a qualified residential treatment program setting as defined  
172.7 	in section 260C.007, subdivision 26d, the responsible social services agency must submit 
172.8 	evidence to the court as specified in section 260C.712.
172.9 	(b) (c) The court shall ensure that notice of the hearing is sent to any relative who:
172.10 	(1) responded to the agency's notice provided under section 260C.221, indicating an 
172.11 	interest in participating in planning for the child or being a permanency resource for the 
172.12 	child and who has kept the court apprised of the relative's address; or
172.13 	(2) asked to be notified of court proceedings regarding the child as is permitted in section 
172.14 	260C.152, subdivision 5.
172.15 	(c)(1) (d)(1) If the parent or guardian has maintained contact with the child and is 
172.16 	complying with the court-ordered out-of-home placement plan, and if the child would benefit 
172.17 	from reunification with the parent, the court may either:
172.18 	(i) return the child home, if the conditions which led to the out-of-home placement have 
172.19 	been sufficiently mitigated that it is safe and in the child's best interests to return home; or
172.20 	(ii) continue the matter up to a total of six additional months. If the child has not returned 
172.21 	home by the end of the additional six months, the court must conduct a hearing according 
172.22 	to sections 260C.503 to 260C.521.
172.23 	(2) If the court determines that the parent or guardian is not complying with the 
172.24 	out-of-home placement plan or is not maintaining regular contact with the child as outlined 
172.25 	in the visitation plan required as part of the out-of-home placement plan under section 
172.26 	260C.212, the court may order the responsible social services agency:
172.27 	(i) to develop a plan for legally permanent placement of the child away from the parent;
172.28 	(ii) to consider, identify, recruit, and support one or more permanency resources from 
172.29 	the child's relatives and foster parent to be the legally permanent home in the event the child 
172.30 	cannot be returned to the parent. Any relative or the child's foster parent may ask the court 
172.31 	to order the agency to consider them for permanent placement of the child in the event the 
172.32 	child cannot be returned to the parent. A relative or foster parent who wants to be considered 
173.1 	under this item shall cooperate with the background study required under section 245C.08, 
173.2 	if the individual has not already done so, and with the home study process required under 
173.3 	chapter 245A for providing child foster care and for adoption under section 259.41. The 
173.4 	home study referred to in this item shall be a single-home study in the form required by the 
173.5 	commissioner of human services or similar study required by the individual's state of 
173.6 	residence when the subject of the study is not a resident of Minnesota. The court may order 
173.7 	the responsible social services agency to make a referral under the Interstate Compact on 
173.8 	the Placement of Children when necessary to obtain a home study for an individual who 
173.9 	wants to be considered for transfer of permanent legal and physical custody or adoption of 
173.10 	the child; and
173.11 	(iii) to file a petition to support an order for the legally permanent placement plan.
173.12 	(d) (e) Following the review under this section:
173.13 	(1) if the court has either returned the child home or continued the matter up to a total 
173.14 	of six additional months, the agency shall continue to provide services to support the child's 
173.15 	return home or to make reasonable efforts to achieve reunification of the child and the parent 
173.16 	as ordered by the court under an approved case plan;
173.17 	(2) if the court orders the agency to develop a plan for the transfer of permanent legal 
173.18 	and physical custody of the child to a relative, a petition supporting the plan shall be filed 
173.19 	in juvenile court within 30 days of the hearing required under this section and a trial on the 
173.20 	petition held within 60 days of the filing of the pleadings; or
173.21 	(3) if the court orders the agency to file a termination of parental rights, unless the county 
173.22 	attorney can show cause why a termination of parental rights petition should not be filed, 
173.23 	a petition for termination of parental rights shall be filed in juvenile court within 30 days 
173.24 	of the hearing required under this section and a trial on the petition held within 60 days of 
173.25 	the filing of the petition.

173.26 	EFFECTIVE DATE. This section is effective September 30, 2021.

173.27 	Sec. 77. Minnesota Statutes 2018, section 260C.212, subdivision 1, is amended to read:
173.28 		Subdivision 1.Out-of-home placement; plan. (a) An out-of-home placement plan shall 
173.29 	be prepared within 30 days after any child is placed in foster care by court order or a 
173.30 	voluntary placement agreement between the responsible social services agency and the 
173.31 	child's parent pursuant to section 260C.227 or chapter 260D.
173.32 	(b) An out-of-home placement plan means a written document which is prepared by the 
173.33 	responsible social services agency jointly with the parent or parents or guardian of the child 
174.1 	and in consultation with the child's guardian ad litem, the child's tribe, if the child is an 
174.2 	Indian child, the child's foster parent or representative of the foster care facility, and, where 
174.3 	appropriate, the child. When a child is age 14 or older, the child may include two other 
174.4 	individuals on the team preparing the child's out-of-home placement plan. The child may 
174.5 	select one member of the case planning team to be designated as the child's advisor and to 
174.6 	advocate with respect to the application of the reasonable and prudent parenting standards. 
174.7 	The responsible social services agency may reject an individual selected by the child if the 
174.8 	agency has good cause to believe that the individual would not act in the best interest of the 
174.9 	child. For a child in voluntary foster care for treatment under chapter 260D, preparation of 
174.10 	the out-of-home placement plan shall additionally include the child's mental health treatment 
174.11 	provider. For a child 18 years of age or older, the responsible social services agency shall 
174.12 	involve the child and the child's parents as appropriate. As appropriate, the plan shall be:
174.13 	(1) submitted to the court for approval under section 260C.178, subdivision 7;
174.14 	(2) ordered by the court, either as presented or modified after hearing, under section 
174.15 	260C.178, subdivision 7, or 260C.201, subdivision 6; and
174.16 	(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem, 
174.17 	a representative of the child's tribe, the responsible social services agency, and, if possible, 
174.18 	the child.
174.19 	(c) The out-of-home placement plan shall be explained to all persons involved in its 
174.20 	implementation, including the child who has signed the plan, and shall set forth:
174.21 	(1) a description of the foster care home or facility selected, including how the 
174.22 	out-of-home placement plan is designed to achieve a safe placement for the child in the 
174.23 	least restrictive, most family-like, setting available which is in close proximity to the home 
174.24 	of the parent or parents or guardian of the child when the case plan goal is reunification, 
174.25 	and how the placement is consistent with the best interests and special needs of the child 
174.26 	according to the factors under subdivision 2, paragraph (b);
174.27 	(2) the specific reasons for the placement of the child in foster care, and when 
174.28 	reunification is the plan, a description of the problems or conditions in the home of the 
174.29 	parent or parents which necessitated removal of the child from home and the changes the 
174.30 	parent or parents must make for the child to safely return home;
174.31 	(3) a description of the services offered and provided to prevent removal of the child 
174.32 	from the home and to reunify the family including:
175.1 	(i) the specific actions to be taken by the parent or parents of the child to eliminate or 
175.2 	correct the problems or conditions identified in clause (2), and the time period during which 
175.3 	the actions are to be taken; and
175.4 	(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to 
175.5 	achieve a safe and stable home for the child including social and other supportive services 
175.6 	to be provided or offered to the parent or parents or guardian of the child, the child, and the 
175.7 	residential facility during the period the child is in the residential facility;
175.8 	(4) a description of any services or resources that were requested by the child or the 
175.9 	child's parent, guardian, foster parent, or custodian since the date of the child's placement 
175.10 	in the residential facility, and whether those services or resources were provided and if not, 
175.11 	the basis for the denial of the services or resources;
175.12 	(5) the visitation plan for the parent or parents or guardian, other relatives as defined in 
175.13 	section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not 
175.14 	placed together in foster care, and whether visitation is consistent with the best interest of 
175.15 	the child, during the period the child is in foster care;
175.16 	(6) when a child cannot return to or be in the care of either parent, documentation of 
175.17 	steps to finalize adoption as the permanency plan for the child through reasonable efforts 
175.18 	to place the child for adoption. At a minimum, the documentation must include consideration 
175.19 	of whether adoption is in the best interests of the child, child-specific recruitment efforts 
175.20 	such as relative search and the use of state, regional, and national adoption exchanges to 
175.21 	facilitate orderly and timely placements in and outside of the state. A copy of this 
175.22 	documentation shall be provided to the court in the review required under section 260C.317, 
175.23 	subdivision 3, paragraph (b);
175.24 	(7) when a child cannot return to or be in the care of either parent, documentation of 
175.25 	steps to finalize the transfer of permanent legal and physical custody to a relative as the 
175.26 	permanency plan for the child. This documentation must support the requirements of the 
175.27 	kinship placement agreement under section 256N.22 and must include the reasonable efforts 
175.28 	used to determine that it is not appropriate for the child to return home or be adopted, and 
175.29 	reasons why permanent placement with a relative through a Northstar kinship assistance 
175.30 	arrangement is in the child's best interest; how the child meets the eligibility requirements 
175.31 	for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's 
175.32 	relative foster parent and reasons why the relative foster parent chose not to pursue adoption, 
175.33 	if applicable; and agency efforts to discuss with the child's parent or parents the permanent 
176.1 	transfer of permanent legal and physical custody or the reasons why these efforts were not 
176.2 	made;
176.3 	(8) efforts to ensure the child's educational stability while in foster care for a child who 
176.4 	attained the minimum age for compulsory school attendance under state law and is enrolled 
176.5 	full time in elementary or secondary school, or instructed in elementary or secondary 
176.6 	education at home, or instructed in an independent study elementary or secondary program, 
176.7 	or incapable of attending school on a full-time basis due to a medical condition that is 
176.8 	documented and supported by regularly updated information in the child's case plan. 
176.9 	Educational stability efforts include:
176.10 	(i) efforts to ensure that the child remains in the same school in which the child was 
176.11 	enrolled prior to placement or upon the child's move from one placement to another, including 
176.12 	efforts to work with the local education authorities to ensure the child's educational stability 
176.13 	and attendance; or
176.14 	(ii) if it is not in the child's best interest to remain in the same school that the child was 
176.15 	enrolled in prior to placement or move from one placement to another, efforts to ensure 
176.16 	immediate and appropriate enrollment for the child in a new school;
176.17 	(9) the educational records of the child including the most recent information available 
176.18 	regarding:
176.19 	(i) the names and addresses of the child's educational providers;
176.20 	(ii) the child's grade level performance;
176.21 	(iii) the child's school record;
176.22 	(iv) a statement about how the child's placement in foster care takes into account 
176.23 	proximity to the school in which the child is enrolled at the time of placement; and
176.24 	(v) any other relevant educational information;
176.25 	(10) the efforts by the responsible social services agency to ensure the oversight and 
176.26 	continuity of health care services for the foster child, including:
176.27 	(i) the plan to schedule the child's initial health screens;
176.28 	(ii) how the child's known medical problems and identified needs from the screens, 
176.29 	including any known communicable diseases, as defined in section 144.4172, subdivision 
176.30 	2, shall be monitored and treated while the child is in foster care;
176.31 	(iii) how the child's medical information shall be updated and shared, including the 
176.32 	child's immunizations;
177.1 	(iv) who is responsible to coordinate and respond to the child's health care needs, 
177.2 	including the role of the parent, the agency, and the foster parent;
177.3 	(v) who is responsible for oversight of the child's prescription medications;
177.4 	(vi) how physicians or other appropriate medical and nonmedical professionals shall be 
177.5 	consulted and involved in assessing the health and well-being of the child and determine 
177.6 	the appropriate medical treatment for the child; and
177.7 	(vii) the responsibility to ensure that the child has access to medical care through either 
177.8 	medical insurance or medical assistance;
177.9 	(11) the health records of the child including information available regarding:
177.10 	(i) the names and addresses of the child's health care and dental care providers;
177.11 	(ii) a record of the child's immunizations;
177.12 	(iii) the child's known medical problems, including any known communicable diseases 
177.13 	as defined in section 144.4172, subdivision 2;
177.14 	(iv) the child's medications; and
177.15 	(v) any other relevant health care information such as the child's eligibility for medical 
177.16 	insurance or medical assistance;
177.17 	(12) an independent living plan for a child 14 years of age or older, developed in 
177.18 	consultation with the child. The child may select one member of the case planning team to 
177.19 	be designated as the child's advisor and to advocate with respect to the application of the 
177.20 	reasonable and prudent parenting standards in subdivision 14. The plan should include, but 
177.21 	not be limited to, the following objectives:
177.22 	(i) educational, vocational, or employment planning;
177.23 	(ii) health care planning and medical coverage;
177.24 	(iii) transportation including, where appropriate, assisting the child in obtaining a driver's 
177.25 	license;
177.26 	(iv) money management, including the responsibility of the responsible social services 
177.27 	agency to ensure that the child annually receives, at no cost to the child, a consumer report 
177.28 	as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies 
177.29 	in the report;
177.30 	(v) planning for housing;
177.31 	(vi) social and recreational skills;
178.1 	(vii) establishing and maintaining connections with the child's family and community; 
178.2 	and
178.3 	(viii) regular opportunities to engage in age-appropriate or developmentally appropriate 
178.4 	activities typical for the child's age group, taking into consideration the capacities of the 
178.5 	individual child;
178.6 	(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic 
178.7 	and assessment information, specific services relating to meeting the mental health care 
178.8 	needs of the child, and treatment outcomes; and
178.9 	(14) for a child 14 years of age or older, a signed acknowledgment that describes the 
178.10 	child's rights regarding education, health care, visitation, safety and protection from 
178.11 	exploitation, and court participation; receipt of the documents identified in section 260C.452; 
178.12 	and receipt of an annual credit report. The acknowledgment shall state that the rights were 
178.13 	explained in an age-appropriate manner to the child.; and
178.14 	(15) for a child placed in a qualified residential treatment program, the plan must include 
178.15 	the requirements in section 260C.708.
178.16 	(d) The parent or parents or guardian and the child each shall have the right to legal 
178.17 	counsel in the preparation of the case plan and shall be informed of the right at the time of 
178.18 	placement of the child. The child shall also have the right to a guardian ad litem. If unable 
178.19 	to employ counsel from their own resources, the court shall appoint counsel upon the request 
178.20 	of the parent or parents or the child or the child's legal guardian. The parent or parents may 
178.21 	also receive assistance from any person or social services agency in preparation of the case 
178.22 	plan.
178.23 	After the plan has been agreed upon by the parties involved or approved or ordered by 
178.24 	the court, the foster parents shall be fully informed of the provisions of the case plan and 
178.25 	shall be provided a copy of the plan.
178.26 	Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 
178.27 	physical custodian, as appropriate, and the child, if appropriate, must be provided with a 
178.28 	current copy of the child's health and education record.

178.29 	EFFECTIVE DATE. This section is effective September 30, 2021.

179.1 	Sec. 78. Minnesota Statutes 2018, section 260C.212, is amended by adding a subdivision 
179.2 	to read:
179.3 		Subd. 1a.Out-of-home placement plan update. (a) Within 30 days of placing the child 
179.4 	in foster care, the agency must file the initial out-of-home placement plan with the court. 
179.5 	After filing the initial out-of-home placement plan, the agency shall update and file the 
179.6 	out-of-home placement plan with the court as follows:
179.7 	(1) when the agency moves a child to a different foster care setting, the agency shall 
179.8 	inform the court within 30 days of the placement change or court-ordered trial home visit. 
179.9 	The agency must file the updated out-of-home placement plan with the court at the next 
179.10 	required review hearing;
179.11 	(2) when the agency places a child in a qualified residential treatment program as defined 
179.12 	in section 260C.007, subdivision 26d, or moves a child from one qualified residential 
179.13 	treatment program to a different qualified residential treatment program, the agency must 
179.14 	update the out-of-home placement plan within 60 days. To meet the requirements of 
179.15 	260C.708, the agency must file the out-of-home placement plan with the court as part of 
179.16 	the 60-day hearing and must update the plan after the court hearing to document the court's 
179.17 	approval or disapproval of the child's placement in a qualified residential treatment program;
179.18 	(3) when the agency places a child with the child's parent in a licensed residential 
179.19 	family-based substance use disorder treatment program under section 260C.190, the agency 
179.20 	must identify the treatment program in the child's out-of-home placement plan prior to the 
179.21 	child's placement. The agency must file the out-of-home placement plan with the court at 
179.22 	the next required review hearing; and
179.23 	(4) under sections 260C.227 and 260C.521, the agency must update the out-of-home 
179.24 	placement plan and file the plan with the court.
179.25 	(b) When none of the items in paragraph (a) apply, the agency must update the 
179.26 	out-of-home placement plan no later than 180 days after the child's initial placement and 
179.27 	every six months thereafter, consistent with section 260C.203, paragraph (a).

179.28 	EFFECTIVE DATE. This section is effective September 30, 2021.

179.29 	Sec. 79. Minnesota Statutes 2019 Supplement, section 260C.212, subdivision 2, is amended 
179.30 	to read:
179.31 		Subd. 2.Placement decisions based on best interests of the child. (a) The policy of 
179.32 	the state of Minnesota is to ensure that the child's best interests are met by requiring an 
179.33 	individualized determination of the needs of the child and of how the selected placement 
180.1 	will serve the needs of the child being placed. The authorized child-placing agency shall 
180.2 	place a child, released by court order or by voluntary release by the parent or parents, in a 
180.3 	family foster home selected by considering placement with relatives and important friends 
180.4 	in the following order:
180.5 	(1) with an individual who is related to the child by blood, marriage, or adoption; or
180.6 	(2) with an individual who is an important friend with whom the child has resided or 
180.7 	had significant contact.
180.8 	For an Indian child, the agency shall follow the order of placement preferences in the Indian 
180.9 	Child Welfare Act of 1978, United States Code, title 25, section 1915.
180.10 	(b) Among the factors the agency shall consider in determining the needs of the child 
180.11 	are the following:
180.12 	(1) the child's current functioning and behaviors;
180.13 	(2) the medical needs of the child;
180.14 	(3) the educational needs of the child;
180.15 	(4) the developmental needs of the child;
180.16 	(5) the child's history and past experience;
180.17 	(6) the child's religious and cultural needs;
180.18 	(7) the child's connection with a community, school, and faith community;
180.19 	(8) the child's interests and talents;
180.20 	(9) the child's relationship to current caretakers, parents, siblings, and relatives;
180.21 	(10) the reasonable preference of the child, if the court, or the child-placing agency in 
180.22 	the case of a voluntary placement, deems the child to be of sufficient age to express 
180.23 	preferences; and
180.24 	(11) for an Indian child, the best interests of an Indian child as defined in section 260.755, 
180.25 	subdivision 2a.
180.26 	(c) Placement of a child cannot be delayed or denied based on race, color, or national 
180.27 	origin of the foster parent or the child.
180.28 	(d) Siblings should be placed together for foster care and adoption at the earliest possible 
180.29 	time unless it is documented that a joint placement would be contrary to the safety or 
180.30 	well-being of any of the siblings or unless it is not possible after reasonable efforts by the 
181.1 	responsible social services agency. In cases where siblings cannot be placed together, the 
181.2 	agency is required to provide frequent visitation or other ongoing interaction between 
181.3 	siblings unless the agency documents that the interaction would be contrary to the safety 
181.4 	or well-being of any of the siblings.
181.5 	(e) Except for emergency placement as provided for in section 245A.035, the following 
181.6 	requirements must be satisfied before the approval of a foster or adoptive placement in a 
181.7 	related or unrelated home: (1) a completed background study under section 245C.08; and 
181.8 	(2) a completed review of the written home study required under section 260C.215, 
181.9 	subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or 
181.10 	adoptive parent to ensure the placement will meet the needs of the individual child.
181.11 	(f) The agency must determine whether colocation with a parent who is receiving services 
181.12 	in a licensed residential family-based substance use disorder treatment program is in the 
181.13 	child's best interests according to paragraph (b) and include that determination in the child's 
181.14 	case plan under subdivision 1. The agency may consider additional factors not identified 
181.15 	in paragraph (b). The agency's determination must be documented in the child's case plan 
181.16 	before the child is colocated with a parent.
181.17 	(g) The agency must establish a juvenile treatment screening team under section 260C.157 
181.18 	to determine whether it is necessary and appropriate to recommend placing a child in a 
181.19 	qualified residential treatment program, as defined in section 260C.007, subdivision 26d.

181.20 	EFFECTIVE DATE. This section is effective September 30, 2021.

181.21 	Sec. 80. Minnesota Statutes 2018, section 260C.212, subdivision 4a, is amended to read:
181.22 		Subd. 4a.Monthly caseworker visits. (a) Every child in foster care or on a trial home 
181.23 	visit shall be visited by the child's caseworker or another person who has responsibility for 
181.24 	visitation of the child on a monthly basis, with the majority of visits occurring in the child's 
181.25 	residence. The responsible social services agency may designate another person responsible 
181.26 	for monthly case visits. For the purposes of this section, the following definitions apply:
181.27 	(1) "visit" is defined as a face-to-face contact between a child and the child's caseworker;
181.28 	(2) "visited on a monthly basis" is defined as at least one visit per calendar month;
181.29 	(3) "the child's caseworker" is defined as the person who has responsibility for managing 
181.30 	the child's foster care placement case as assigned by the responsible social service services
181.31 	agency; and
182.1 	(4) "another person" means the professional staff whom the responsible  social services 
182.2 	agency has assigned in the out-of-home placement plan or case plan. Another person must 
182.3 	be professionally trained to assess the child's safety, permanency, well-being, and case 
182.4 	progress. The agency may not designate the guardian ad litem, the child foster care provider, 
182.5 	residential facility staff, or a qualified individual as defined in section 260C.007, subdivision 
182.6 	26b, as another person; and
182.7 	(4) (5) "the child's residence" is defined as the home where the child is residing, and can 
182.8 	include the foster home, child care institution, or the home from which the child was removed 
182.9 	if the child is on a trial home visit.
182.10 	(b) Caseworker visits shall be of sufficient substance and duration to address issues 
182.11 	pertinent to case planning and service delivery to ensure the safety, permanency, and 
182.12 	well-being of the child, including whether the child is enrolled and attending school as 
182.13 	required by law.

182.14 	EFFECTIVE DATE. This section is effective September 30, 2021.

182.15 	Sec. 81. Minnesota Statutes 2018, section 260C.227, is amended to read:
182.16 	260C.227 VOLUNTARY FOSTER CARE; REQUIRED COURT REVIEW.
182.17 	(a) When the responsible social services agency and the child's parent or guardian agree 
182.18 	that the child's safety, health, and best interests require that the child be in foster care, the 
182.19 	agency and the parent or guardian may enter into a voluntary agreement for the placement 
182.20 	of the child in foster care. The voluntary agreement must be in writing and in a form approved 
182.21 	by the commissioner.
182.22 	(b) When the child has been placed in foster care pursuant to a voluntary foster care 
182.23 	agreement between the agency and the parent, under this section and the child is not returned 
182.24 	home within 90 days after initial placement in foster care, the agency responsible for the 
182.25 	child's placement in foster care shall:
182.26 	(1) return the child to the home of the parent or parents; or
182.27 	(2) file a petition according to section 260C.141, subdivision 1 or 2, which may:
182.28 	(i) ask the court to review the child's placement in foster care and approve it as continued 
182.29 	voluntary foster care for up to an additional 90 days;
182.30 	(ii) ask the court to order continued foster care according to sections 260C.178 and 
182.31 	260C.201; or
182.32 	(iii) ask the court to terminate parental rights under section 260C.301.
183.1 	(3) The out-of-home placement plan must be updated and filed along with the petition.
183.2 	(c) If the court approves continuing the child in foster care for up to 90 more days on a 
183.3 	voluntary basis, at the end of the court-approved 90-day period, the child must be returned 
183.4 	to the parent's home. If the child is not returned home, the responsible social services agency 
183.5 	must proceed on the petition filed alleging the child in need of protection or services or the 
183.6 	petition for termination of parental rights or other permanent placement of the child away 
183.7 	from the parent. The court must find a statutory basis to order the placement of the child 
183.8 	under section 260C.178; 260C.201; 260C.503 to 260C.521; or 260C.317.
183.9 	(d) If the child is placed in a qualified residential treatment program, the placement must 
183.10 	follow the requirements of sections 260C.70 to 260C.714.

183.11 	EFFECTIVE DATE. This section is effective September 30, 2021.

183.12 	Sec. 82. Minnesota Statutes 2018, section 260C.4412, is amended to read:
183.13 	260C.4412 PAYMENT FOR RESIDENTIAL PLACEMENTS.
183.14 	(a) When a child is placed in a foster care group residential setting under Minnesota 
183.15 	Rules, parts 2960.0020 to 2960.0710, a foster residence licensed under chapter 245A that 
183.16 	meets the standards of Minnesota Rules, parts 2960.3200 to 2960.3230, or a children's 
183.17 	residential facility licensed or approved by a  tribe, foster care maintenance payments must 
183.18 	be made on behalf of the child to cover the cost of providing food, clothing, shelter, daily 
183.19 	supervision, school supplies, child's personal incidentals and supports, reasonable travel for 
183.20 	visitation, or other transportation needs associated with the items listed. Daily supervision 
183.21 	in the group residential setting includes routine day-to-day direction and arrangements to 
183.22 	ensure the well-being and safety of the child. It may also include reasonable costs of 
183.23 	administration and operation of the facility.
183.24 	(b) The commissioner of human services shall specify the title IV-E administrative 
183.25 	procedures under section 256.82 for each of the following residential program settings:
183.26 	(1) residential programs licensed under chapter 245A or licensed by a tribe, including:
183.27 	(i) qualified residential treatment programs as defined in section 260C.007, subdivision 
183.28 	26d;
183.29 	(ii) program settings specializing in providing prenatal, postpartum, or parenting supports 
183.30 	for  youth; and
183.31 	(iii) program settings providing high-quality residential care and supportive services to 
183.32 	children  and youth who are, or are at risk of becoming, sex trafficking victims;
184.1 	(2) licensed residential family-based substance use disorder treatment programs as 
184.2 	defined in section 260C.007, subdivision 22a; and
184.3 	(3) supervised settings in which a foster child age 18 or older may live independently,  
184.4 	consistent with section 260C.451.

184.5 	EFFECTIVE DATE. This section is effective September 30, 2021.

184.6 	Sec. 83. Minnesota Statutes 2018, section 260C.503, is amended by adding a subdivision 
184.7 	to read:
184.8 		Subd. 4.Qualified residential treatment program; permanency hearing 
184.9 	requirements. When a child is placed in a qualified residential treatment program as defined 
184.10 	in section 260C.007, subdivision 26d, the responsible social services agency must submit 
184.11 	evidence to the court as specified in section 260C.712.

184.12 	EFFECTIVE DATE. This section is effective September 30, 2021.

184.13 	Sec. 84. [260C.70] CITATION.
184.14 	Sections 260C.70 to 260C.714 may be cited as "Placements in Qualified Residential 
184.15 	Treatment Programs." Sections 260C.70 to 260C.714 implement the requirements of the 
184.16 	Family First Prevention Services Act of 2018, Public Law 115-123, and apply to children 
184.17 	for whom the juvenile treatment screening team under section 260C.157, subdivision 3, 
184.18 	recommends placement in a qualified residential treatment program.

184.19 	EFFECTIVE DATE. This section is effective September 30, 2021.

184.20 	Sec. 85. [260C.702] REQUIREMENTS FOR PLACEMENTS IN QUALIFIED 
184.21 	RESIDENTIAL TREATMENT PROGRAMS.
184.22 	For the responsible social services agency to place a child in a qualified residential 
184.23 	treatment program, there must be:
184.24 	(1) an assessment by a qualified individual of whether it is necessary and appropriate 
184.25 	to place the child at a qualified residential treatment program under section 260C.704;
184.26 	(2) a family and permanency team under section 260C.706;
184.27 	(3) an out-of-home placement plan under section 260C.708;
184.28 	(4) court approval of a child's placement in a qualified residential treatment program 
184.29 	under section 260C.71;
184.30 	(5) ongoing reviews and permanency hearings under section 260C.712; and
185.1 	(6) a court review of any extended placement of the child in a qualified residential 
185.2 	treatment program under section 260C.714.

185.3 	EFFECTIVE DATE. This section is effective September 30, 2021.

185.4 	Sec. 86. [260C.704] REQUIREMENTS FOR THE QUALIFIED INDIVIDUAL'S 
185.5 	ASSESSMENT OF THE CHILD FOR PLACEMENT IN A QUALIFIED 
185.6 	RESIDENTIAL TREATMENT PROGRAM.
185.7 	(a) A qualified individual must complete an assessment of the child prior to or within 
185.8 	30 days of the child's placement in a qualified residential treatment program in a format 
185.9 	approved by the commissioner of human services, and must:
185.10 	(1) assess the child's needs and strengths, using an age-appropriate, evidence-based, 
185.11 	validated, functional assessment approved by the commissioner of human services;
185.12 	(2) determine whether the child's needs can be met by the child's family members or 
185.13 	through placement in a family foster home; or, if not, determine which residential setting 
185.14 	would provide the child with the most effective and appropriate level of care to the child 
185.15 	in the least restrictive environment;
185.16 	(3) develop a list of short- and long-term mental and behavioral health goals for the 
185.17 	child; and
185.18 	(4) work with the child's family and permanency team using culturally competent 
185.19 	practices.
185.20 	(b) The child and the child's parents, when appropriate, may request that a specific 
185.21 	culturally competent qualified individual complete the child's assessment. The agency shall 
185.22 	make efforts to refer the child to the identified qualified individual to complete the 
185.23 	assessment. The assessment must not be delayed for a specific qualified individual to 
185.24 	complete the assessment.
185.25 	(c) The qualified individual must provide the assessment, when complete, to the 
185.26 	responsible social services agency, the child's parents or legal guardians, the guardian ad 
185.27 	litem, and the court as required in section 260C.71. If court rules and chapter 13 permit 
185.28 	disclosure of the results of the child's assessment, the agency may share the results of the 
185.29 	child's assessment with the child's foster care provider, other members of the child's family, 
185.30 	and the family and permanency team. The agency must not share the child's private medical 
185.31 	data with the family and permanency team unless: (1) chapter 13 permits the agency to 
185.32 	disclose the child's private medical data to the family and permanency team; or (2) the child's 
186.1 	parent has authorized the agency to disclose the child's private medical data to the family 
186.2 	and permanency team.
186.3 	(d) For an Indian child, the assessment of the child must follow the order of placement 
186.4 	preferences in the Indian Child Welfare Act of 1978, United States Code, title 25, section 
186.5 	1915.
186.6 	(e) In the assessment determination, the qualified individual must specify in writing:
186.7 	(1) the reasons why the child's needs cannot be met by the child's family or in a family 
186.8 	foster home. A shortage of family foster homes is not an acceptable reason for determining 
186.9 	that a family foster home cannot meet a child's needs;
186.10 	(2) why the recommended placement in a qualified residential treatment program will 
186.11 	provide the child with the most effective and appropriate level of care to meet the child's 
186.12 	needs in the least restrictive environment possible and how placing the child at the treatment 
186.13 	program is consistent with the short-term and long-term goals of the child's permanency 
186.14 	plan; and
186.15 	(3) if the qualified individual's placement recommendation is not the placement setting 
186.16 	that the parent, family and permanency team, child, or tribe prefer, the qualified individual 
186.17 	must identify the reasons why the qualified individual does not recommend the parent's, 
186.18 	family and permanency team's, child's, or tribe's placement preferences. The out-of-home 
186.19 	placement plan under section 260C.708 must also include reasons why the qualified 
186.20 	individual did not recommend the preferences of the parents, family and permanency team, 
186.21 	child, or tribe.
186.22 	(f) If the qualified individual determines that the child's family or a family foster home 
186.23 	or other less restrictive placement may meet the child's needs, the agency must move the 
186.24 	child out of the qualified residential treatment program and transition the child to a less 
186.25 	restrictive setting within 30 days of the determination.

186.26 	EFFECTIVE DATE. This section is effective September 30, 2021.

186.27 	Sec. 87. [260C.706] FAMILY AND PERMANENCY TEAM REQUIREMENTS.
186.28 	(a) When the responsible social services agency's juvenile treatment screening team, as 
186.29 	defined in section 260C.157, recommends placing the child in a qualified residential treatment 
186.30 	program, the agency must assemble a family and permanency team within ten days.
186.31 	(1) The team must include all appropriate biological family members, the child's parents, 
186.32 	legal guardians or custodians, foster care providers, and relatives as defined in section 
187.1 	260C.007, subdivisions 26c and 27, and professionals, as appropriate, who are a resource 
187.2 	to the child's family, such as teachers, medical or mental health providers, or clergy.
187.3 	(2) When a child is placed in foster care prior to the qualified residential treatment 
187.4 	program, the agency shall include relatives responding to the relative search notice as 
187.5 	required under section 260C.221 on this team, unless the juvenile court finds that contacting 
187.6 	a specific relative would endanger the parent, guardian, child, sibling, or any other family 
187.7 	member.
187.8 	(3) When a qualified residential treatment program is the child's initial placement setting, 
187.9 	the responsible social services agency must engage with the child and the child's parents to 
187.10 	determine the appropriate family and permanency team  members.
187.11 	(4) When the permanency goal is to reunify the child with the child's parent or legal 
187.12 	guardian, the purpose of the relative search and focus of the family and permanency team 
187.13 	is to preserve family relationships and identify and develop supports for the child and parents.
187.14 	(5) The responsible agency must make a good faith effort to identify and assemble all 
187.15 	appropriate  individuals  to be part of the child's family and permanency team and request 
187.16 	input from the parents regarding relative search efforts consistent with section 260C.221. 
187.17 	The out-of-home placement plan in section 260C.708 must include all contact information 
187.18 	for the team members, as well as contact information for family members or relatives who 
187.19 	are not a part of the family and permanency team.
187.20 	(6) If the child is age 14 or older, the team must include members of the family and 
187.21 	permanency team that the child selects in accordance with section 260C.212, subdivision 
187.22 	1, paragraph (b).
187.23 	(7) Consistent with section 260C.221, a responsible social services agency may disclose 
187.24 	relevant and appropriate private data about the child to relatives in order for the relatives 
187.25 	to participate in caring and planning for the child's placement.
187.26 	(8) If the child is an Indian child under section 260.751, the responsible social services 
187.27 	agency must make active efforts to include the child's tribal representative on the family 
187.28 	and permanency team.
187.29 	(b) The family and permanency team shall meet regarding the assessment required under 
187.30 	section 260C.704 to determine whether it is necessary and appropriate to place the child in 
187.31 	a qualified residential treatment program and to participate  in case planning under section 
187.32 	260C.708.
188.1 	(c) When reunification of the child with the child's parent or legal guardian is the 
188.2 	permanency plan, the family and permanency team shall support the parent-child relationship 
188.3 	by recognizing the parent's legal authority, consulting with the parent regarding ongoing 
188.4 	planning for the child, and assisting the parent with visiting and contacting the child.
188.5 	(d) When the agency's permanency plan is to transfer the child's permanent legal and 
188.6 	physical custody to a relative or for the child's adoption, the team shall:
188.7 	(1) coordinate with the proposed guardian to provide the child with educational services, 
188.8 	medical care, and dental care;
188.9 	(2) coordinate with the proposed guardian, the agency, and the foster care facility to 
188.10 	meet the child's treatment needs after the child is placed in a permanent placement with the 
188.11 	proposed guardian;
188.12 	(3) plan to meet the child's need for safety, stability, and connection with the child's 
188.13 	family and community after the child is placed in a permanent placement with the proposed 
188.14 	guardian; and
188.15 	(4) in the case of an Indian child, communicate with the child's tribe to identify necessary 
188.16 	and appropriate services for the child, transition planning for the child, the child's treatment 
188.17 	needs, and how to maintain the child's connections to the child's community, family, and 
188.18 	tribe.
188.19 	(e) The agency shall invite the family and permanency team to participate in case planning 
188.20 	and the agency shall give the team notice of court reviews under sections 260C.152 and 
188.21 	260C.221 until: (1) the child is reunited with the child's parents; or (2) the child's foster care 
188.22 	placement ends and the child is in a permanent placement.

188.23 	EFFECTIVE DATE. This section is effective September 30, 2021.

188.24 	Sec. 88. [260C.708] OUT-OF-HOME PLACEMENT PLAN FOR QUALIFIED 
188.25 	RESIDENTIAL TREATMENT PROGRAM PLACEMENTS.
188.26 	(a) When the responsible social services agency places a child in a qualified residential 
188.27 	treatment program as defined in section 260C.007, subdivision 26d, the out-of-home 
188.28 	placement plan must include:
188.29 	(1) the case plan requirements in section 260.212, subdivision 1;
188.30 	(2) the reasonable and good faith efforts of the responsible social services agency to 
188.31 	identify and include all of the individuals required to be on the child's family and permanency 
188.32 	team under section 260C.007;
189.1 	(3) all contact information for members of the child's family and permanency team and 
189.2 	for other relatives who are not part of the family and permanency team;
189.3 	(4) evidence that the agency scheduled meetings of the family and permanency team, 
189.4 	including meetings relating to the assessment required under section 260C.704, at a time 
189.5 	and place convenient for the family;
189.6 	(5) when reunification of the child with the child's parent or legal guardian is the agency's 
189.7 	goal, evidence demonstrating that the parent or legal guardian provided input about the 
189.8 	members of the family and permanency team under section 260C.706;
189.9 	(6) when the agency's permanency goal is to reunify the child with the child's parent or 
189.10 	legal guardian, the out-of-home placement plan must identify services and supports that 
189.11 	maintain the parent-child relationship and the parent's legal authority, decision-making, and 
189.12 	responsibility for ongoing planning for the child. In addition, the agency must assist the 
189.13 	parent with visiting and contacting the child;
189.14 	(7) when the agency's permanency goal is to transfer permanent legal and physical 
189.15 	custody of the child to a proposed guardian or to finalize the child's adoption, the case plan 
189.16 	must document the agency's steps to transfer permanent legal and physical custody of the 
189.17 	child or finalize adoption, as required in section 260C.212, subdivision 1, paragraph (c), 
189.18 	clauses (6) and (7); and
189.19 	(8) the qualified individual's recommendation regarding the child's placement in a 
189.20 	qualified residential treatment program and the court approval or disapproval of the placement 
189.21 	as required in section 260C.71.
189.22 	(b) If the placement preferences of the family and permanency team, child, and tribe, if 
189.23 	applicable, are not consistent with the placement setting that the qualified individual 
189.24 	recommends, the case plan must include the reasons why the qualified individual did not 
189.25 	recommend following the preferences of the family and permanency team, child, and the 
189.26 	tribe.
189.27 	(c) The agency must file the out-of-home placement plan with the court as part of the 
189.28 	60-day hearing under section 260C.71.

189.29 	EFFECTIVE DATE. This section is effective September 30, 2021.

189.30 	Sec. 89. [260C.71] COURT APPROVAL REQUIREMENTS.
189.31 	(a) Within 60 days from the beginning of each placement in a qualified residential 
189.32 	treatment program, the court must:
190.1 	(1) consider the qualified individual's assessment of whether it is necessary and 
190.2 	appropriate to place the child in a qualified residential treatment program under section 
190.3 	260C.704;
190.4 	(2) determine whether a family foster home can meet the child's needs, whether it is 
190.5 	necessary and appropriate to place a child in a qualified residential treatment program that 
190.6 	is the least restrictive environment possible, and whether the child's placement is consistent 
190.7 	with the child's short and long term goals as specified in the permanency plan; and
190.8 	(3) approve or disapprove of the child's placement.
190.9 	(b) In the out-of-home placement plan, the agency must document the court's approval 
190.10 	or disapproval of the placement, as specified in section 260C.708.

190.11 	EFFECTIVE DATE. This section is effective September 30, 2021.

190.12 	Sec. 90. [260C.712] ONGOING REVIEWS AND PERMANENCY HEARING 
190.13 	REQUIREMENTS.
190.14 	As long as a child remains placed in a qualified residential treatment program, the 
190.15 	responsible social services agency shall submit evidence at each administrative review under 
190.16 	section 260C.203; each court  review under sections 260C.202, 260C.203, and 260C.204; 
190.17 	and each permanency hearing under section 260C.515, 260C.519, or 260C.521, that:
190.18 	(1) demonstrates that an ongoing assessment of the strengths and needs of the child 
190.19 	continues to support the determination that the child's needs cannot be met through placement 
190.20 	in a family foster home;
190.21 	(2) demonstrates that the placement of the child in a qualified residential treatment 
190.22 	program provides the most effective and appropriate level of care for the child in the least 
190.23 	restrictive environment;
190.24 	(3) demonstrates how the placement is consistent with the short-term and long-term 
190.25 	goals for the child, as specified in the child's permanency plan;
190.26 	(4) documents how the child's specific treatment or service needs will be met in the 
190.27 	placement;
190.28 	(5) documents the length of time that the agency expects the child to need treatment or 
190.29 	services; and
190.30 	(6) documents the responsible social services agency's efforts to prepare the child to 
190.31 	return home or to be placed with a fit and willing relative, legal guardian, adoptive parent, 
190.32 	or foster family.

191.1 	EFFECTIVE DATE. This section is effective September 30, 2021.

191.2 	Sec. 91. [260C.714] REVIEW OF EXTENDED QUALIFIED RESIDENTIAL 
191.3 	TREATMENT PROGRAM PLACEMENTS.
191.4 	(a) When a responsible social services agency places a child in a qualified residential 
191.5 	treatment program for more than 12 consecutive months or 18 nonconsecutive months or, 
191.6 	in the case of a child who is under 13 years of age, for more than six consecutive or 
191.7 	nonconsecutive months, the agency must submit: (1) the signed approval by the county 
191.8 	social services director of the responsible social services agency; and (2) the evidence 
191.9 	supporting the child's placement at the most recent court review or permanency hearing 
191.10 	under section 260C.712, paragraph (b).
191.11 	(b) The commissioner shall specify the procedures and requirements for the agency's 
191.12 	review and approval of a child's extended qualified residential treatment program placement. 
191.13 	The commissioner may consult with counties, tribes, child-placing agencies, mental health 
191.14 	providers, licensed facilities, the child, the child's parents, and the family and permanency 
191.15 	team members to develop case plan requirements and engage in periodic reviews of the 
191.16 	case plan.

191.17 	EFFECTIVE DATE. This section is effective September 30, 2021.

191.18 	Sec. 92. Minnesota Statutes 2018, section 518.005, subdivision 5, is amended to read:
191.19 		Subd. 5.Prohibited disclosure. In all proceedings under this chapter and chapter 518A 
191.20 	in which public assistance is assigned under section 256.741 or the public authority provides 
191.21 	services to a party or parties to the proceedings, notwithstanding statutory or other 
191.22 	authorization for the public authority to shall not release private data on the location of a 
191.23 	party to the action, information on the location of one party may not be released by the 
191.24 	public authority to the other party or the joint child if:
191.25 	(1) the public authority has knowledge that one party is currently subject to a protective 
191.26 	order with respect to the other party has been entered or the joint child, and the protected 
191.27 	party or guardian of the joint child has not authorized disclosure; or
191.28 	(2) the public authority has reason to believe that the release of the information may 
191.29 	result in physical or emotional harm to the othera party or the joint child.

192.1 	Sec. 93. Minnesota Statutes 2018, section 518A.53, subdivision 11, is amended to read:
192.2 		Subd. 11.Lump-sum payments. Before transmittal to the obligor of a lump-sum payment 
192.3 	of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation 
192.4 	pay, bonuses, commissions, or other pay or benefits, a payor of funds:
192.5 	(1) who has been served with an order for or notice of income withholding under this 
192.6 	section shall:
192.7 	(i) notify the public authority of the lump-sum payment that is to be paid to the obligor;
192.8 	(ii) hold the lump-sum payment for 30 days after the date on which the lump-sum payment 
192.9 	would otherwise have been paid to the obligor, notwithstanding sections 176.221, 176.225, 
192.10 	176.521, 181.08, 181.101, 181.11, 181.13, and 181.145; and
192.11 	(iii) upon order of the court, and after a showing of past willful nonpayment of support, 
192.12 	pay any specified amount of the lump-sum payment to the public authority for future support; 
192.13 	or
192.14 	(2) shall pay the lessor of the amount of the lump-sum payment or the total amount of 
192.15 	the judgment and arrearages upon service by United States mail of a sworn affidavit from 
192.16 	the public authority or a court order that includes the following information:
192.17 	(i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against 
192.18 	the obligor, or that other support arrearages exist;
192.19 	(ii) the current balance of the judgment or arrearage; and
192.20 	(iii) that a portion of the judgment or arrearage remains unpaid.
192.21 	The Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b), 
192.22 	does not apply to lump-sum payments.

192.23 	Sec. 94. Minnesota Statutes 2018, section 518A.68, is amended to read:
192.24 	518A.68 RECREATIONAL LICENSE SUSPENSION.
192.25 	(a) Upon motion of an obligee or the public authority, which has been properly served 
192.26 	on the obligor by first class mail at the last known address or in person, and if at a hearing,
192.27 	the court finds that (1) the obligor is in arrears in court-ordered child support or maintenance 
192.28 	payments, or both, in an amount equal to or greater than six times the obligor's total monthly 
192.29 	support and maintenance payments and is not in compliance with a written payment 
192.30 	agreement pursuant to section 518A.69, or (2) has failed, after receiving notice, to comply 
192.31 	with a subpoena relating to a paternity or child support proceeding, the court may direct the 
193.1 	commissioner of natural resources to suspend or bar receipt of the obligor's recreational 
193.2 	license or licenses. Prior to utilizing this section, the court must find that other substantial 
193.3 	enforcement mechanisms have been attempted but have not resulted in compliance.
193.4 	(b) For purposes of this section, a recreational license includes all licenses, permits, and 
193.5 	stamps issued centrally by the commissioner of natural resources under sections 97B.301, 
193.6 	97B.401, 97B.501, 97B.515, 97B.601, 97B.715, 97B.721, 97B.801, 97C.301, and 97C.305.
193.7 	(c) An obligor whose recreational license or licenses have been suspended or barred 
193.8 	may provide proof to the court that the obligor is in compliance with all written payment 
193.9 	agreements pursuant to section 518A.69.A motion to reinstate a recreational license by the 
193.10 	obligor, obligee, or public authority may be granted if the court finds:
193.11 	(1) the reason for the suspension was accrual of arrears and the obligor is in compliance 
193.12 	with all written payment agreements pursuant to section 518A.69 or has paid the arrears in 
193.13 	full;
193.14 	(2) the reason for the suspension was failure to comply with a subpoena and the obligor 
193.15 	has complied with the subpoena; or
193.16 	(3) the original motion to suspend was brought by the public authority and the public 
193.17 	authority attests that the IV-D case is eligible for closure.
193.18 	Within 15 days of receipt of that proof issuance of an order to reinstate the recreational 
193.19 	license, the court shall notify the commissioner of natural resources that the obligor's 
193.20 	recreational license or licenses should no longer be suspended nor should receipt be barred.

193.21 	Sec. 95. Minnesota Statutes 2018, section 518A.685, is amended to read:
193.22 	518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.
193.23 	(a) If a public authority determines that an obligor has not paid the current monthly 
193.24 	support obligation plus any required arrearage payment for three months, the public authority 
193.25 	must report this information to a consumer reporting agency.
193.26 	(b) Before reporting that an obligor is in arrears for court-ordered child support, the 
193.27 	public authority must:
193.28 	(1) provide written notice to the obligor that the public authority intends to report the 
193.29 	arrears to a consumer reporting agency; and
193.30 	(2) mail the written notice to the obligor's last known mailing address at least 30 days 
193.31 	before the public authority reports the arrears to a consumer reporting agency.
194.1 	(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent 
194.2 	the public authority from reporting the arrears to a consumer reporting agency:
194.3 	(1) pay the arrears in full; or
194.4 	(2) request an administrative review. An administrative review is limited to issues of 
194.5 	mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance.
194.6 	(d) If the public authority has reported that an obligor is in arrears for court-ordered 
194.7 	child support and subsequently determines that the obligor has paid the court-ordered child 
194.8 	support arrears in full, or is paying the current monthly support obligation plus any required 
194.9 	arrearage payment, the public authority must report to the consumer reporting agency that 
194.10 	the obligor is currently paying child support as ordered by the court.
194.11 	(e) (d) A public authority that reports arrearage information under this section must 
194.12 	make monthly reports to a consumer reporting agency. The monthly report must be consistent 
194.13 	with credit reporting industry standards for child support.
194.14 	(f) (e) For purposes of this section, "consumer reporting agency" has the meaning given 
194.15 	in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

194.16 	Sec. 96. INSTRUCTION TO COMMISSIONER.
 194.17 	The commissioner must confer with the Association of Minnesota Counties, the 
194.18 	Minnesota Association of County Social Service Administrators, other state and county 
194.19 	agencies, Minnesota's Tribal communities, National Alliance on Mental Illness Minnesota, 
194.20 	AspireMN, and other relevant stakeholders to make recommendations to the legislature 
194.21 	regarding payment for the cost of treatment and care for residential treatment services, 
194.22 	including community-based group care, for children currently served under Minnesota 
194.23 	Statutes, chapter 260D. The recommendations must include the approximate cost of care 
194.24 	that will no longer be eligible for federal Title IV-E reimbursement paid to the counties for 
194.25 	children currently served through voluntary foster care placements. The recommendations 
194.26 	must also explore the impact on youth currently served under Minnesota Statutes, chapter 
194.27 	260D, including access to medical assistance and nonresidential services, as well as the 
194.28 	impact on equity for overrepresented populations in the child protection and child welfare 
194.29 	systems in Minnesota. The commissioner must report back to the legislature by January 15, 
194.30 	2021.

195.1 	Sec. 97. REVISOR INSTRUCTION; CORRECTING TERMINOLOGY.
 195.2 	In Minnesota Statutes, sections 256.01, subdivisions 2 and 24; 256.975, subdivision 7; 
195.3 	256B.0911, subdivisions 1a, 3b, and 4d; and 256B.439, subdivision 4, the revisor of statutes 
195.4 	must substitute the term "Disability Linkage Line" or similar terms for "Disability Hub" or 
195.5 	similar terms. The revisor must also make grammatical changes related to the changes in 
195.6 	terms.

195.7 	Sec. 98. REPEALER.
 195.8 	Minnesota Statutes 2018, section 245F.02, subdivision 20, is repealed.

195.9 	ARTICLE 6
195.10 	CIVIL COMMITMENT

195.11 	Section 1. Minnesota Statutes 2018, section 253B.02, subdivision 4b, is amended to read:
195.12 		Subd. 4b.Community-based treatment program. "Community-based treatment
195.13 	program" means treatment and services provided at the community level, including but not 
195.14 	limited to community support services programs defined in section 245.462, subdivision 6; 
195.15 	day treatment services defined in section 245.462, subdivision 8; outpatient services defined 
195.16 	in section 245.462, subdivision 21; mental health crisis services under section 245.462, 
195.17 	subdivision 14c; outpatient services defined in section 245.462, subdivision 21; assertive 
195.18 	community treatment services under section 256B.0622; adult rehabilitation mental health 
195.19 	services under section 256B.0623; home and community-based waivers; supportive housing; 
195.20 	and residential treatment services as defined in section 245.462, subdivision 23.
195.21 	Community-based treatment program excludes services provided by a state-operated 
195.22 	treatment program.

195.23 	Sec. 2. Minnesota Statutes 2018, section 253B.02, subdivision 7, is amended to read:
195.24 		Subd. 7.Examiner. "Examiner" means a person who is knowledgeable, trained, and 
195.25 	practicing in the diagnosis and assessment or in the treatment of the alleged impairment, 
195.26 	and who is: a licensed physician; a mental health professional as defined in section 245.462, 
195.27 	subdivision 18, clauses (1) to (6); a licensed physician assistant; or an advanced practice 
195.28 	registered nurse (APRN) as defined in section 148.171, subdivision 3, who is practicing in 
195.29 	the emergency room of a hospital, so long as the hospital has a process for credentialing 
195.30 	and recredentialing any APRN acting as an examiner in an emergency room.
195.31 	(1) a licensed physician;
196.1 	(2) a licensed psychologist who has a doctoral degree in psychology or who became a 
196.2 	licensed consulting psychologist before July 2, 1975; or
196.3 	(3) an advanced practice registered nurse certified in mental health or a licensed physician 
196.4 	assistant, except that only a physician or psychologist meeting these requirements may be 
196.5 	appointed by the court as described by sections 253B.07, subdivision 3; 253B.092, 
196.6 	subdivision 8, paragraph (b); 253B.17, subdivision 3; 253B.18, subdivision 2; and 253B.19, 
196.7 	subdivisions 1 and 2, and only a physician or psychologist may conduct an assessment as 
196.8 	described by Minnesota Rules of Criminal Procedure, rule 20.

196.9 	Sec. 3. Minnesota Statutes 2018, section 253B.02, is amended by adding a subdivision to 
196.10 	read:
196.11 		Subd. 7a.Court examiner. "Court examiner" means a person appointed to serve the 
196.12 	court, and who is a physician or licensed psychologist who has a doctoral degree in 
196.13 	psychology.

196.14 	Sec. 4. Minnesota Statutes 2018, section 253B.02, subdivision 8, is amended to read:
196.15 		Subd. 8.Head of the treatment facility or program. "Head of the treatment facility
196.16 	or program" means the person who is charged with overall responsibility for the professional 
196.17 	program of care and treatment of the facility or the person's designee treatment facility, 
196.18 	state-operated treatment program, or community-based treatment program.

196.19 	Sec. 5. Minnesota Statutes 2018, section 253B.02, subdivision 9, is amended to read:
196.20 		Subd. 9.Health officer. "Health officer" means:
196.21 	(1) a licensed physician;
196.22 	(2) a licensed psychologist a mental health professional as defined in section 245.462, 
196.23 	subdivision 18, clauses (1) to (6);
196.24 	(3) a licensed social worker;
196.25 	(4) a registered nurse working in an emergency room of a hospital;
196.26 	(5) a psychiatric or public health nurse as defined in section 145A.02, subdivision 18;
196.27 	(6) (5) an advanced practice registered nurse (APRN) as defined in section 148.171, 
196.28 	subdivision 3;
197.1 	(7) (6) a mental health professional practitioner as defined in section 245.462, subdivision 
197.2 	17, providing mental health mobile crisis intervention services as described under section 
197.3 	256B.0624 with the consultation and approval by a mental health professional; or
197.4 	(8)(7) a formally designated member of a prepetition screening unit established by 
197.5 	section  253B.07.

197.6 	Sec. 6. Minnesota Statutes 2018, section 253B.02, subdivision 10, is amended to read:
197.7 		Subd. 10.Interested person. "Interested person" means:
197.8 	(1) an adult who has a specific interest in the patient or proposed patient, including but 
197.9 	not limited to, a public official, including a local welfare agency acting under section 
197.10 	626.5561, and 260E.31; a health care or mental health provider or the provider's employee 
197.11 	or agent; the legal guardian, spouse, parent, legal counsel, adult child, or next of kin,; or 
197.12 	other person designated by a patient or proposed patient; or
197.13 	(2) a health plan company that is providing coverage for a proposed patient.

197.14 	Sec. 7. Minnesota Statutes 2018, section 253B.02, subdivision 13, is amended to read:
197.15 		Subd. 13.Person who is mentally ill poses a risk of harm due to a mental illness. (a) 
197.16 	A "person who is mentally ill poses a risk of harm due to a mental illness" means any person 
197.17 	who has an organic disorder of the brain or a substantial psychiatric disorder of thought, 
197.18 	mood, perception, orientation, or memory which that grossly impairs judgment, behavior, 
197.19 	capacity to recognize reality, or to reason or understand, which that is manifested by instances 
197.20 	of grossly disturbed behavior or faulty perceptions and who, due to this impairment, poses 
197.21 	a substantial likelihood of physical harm to self or others as demonstrated by:
197.22 	(1) a failure to obtain necessary food, clothing, shelter, or medical care as a result of the 
197.23 	impairment;
197.24 	(2) an inability for reasons other than indigence to obtain necessary food, clothing, 
197.25 	shelter, or medical care as a result of the impairment and it is more probable than not that 
197.26 	the person will suffer substantial harm, significant psychiatric deterioration or debilitation, 
197.27 	or serious illness, unless appropriate treatment and services are provided;
197.28 	(3) a recent attempt or threat to physically harm self or others; or
197.29 	(4) recent and volitional conduct involving significant damage to substantial property.
197.30 	(b) A person is not mentally ill does not pose a risk of harm due to mental illness under 
197.31 	this section if the person's impairment is solely due to:
198.1 	(1) epilepsy;
198.2 	(2) developmental disability;
198.3 	(3) brief periods of intoxication caused by alcohol, drugs, or other mind-altering 
198.4 	substances; or
198.5 	(4) dependence upon or addiction to any alcohol, drugs, or other mind-altering substances.

198.6 	Sec. 8. Minnesota Statutes 2018, section 253B.02, subdivision 16, is amended to read:
198.7 		Subd. 16.Peace officer. "Peace officer" means a sheriff or deputy sheriff, or municipal 
198.8 	or other local police officer, or a State Patrol officer when engaged in the authorized duties 
198.9 	of office.

198.10 	Sec. 9. Minnesota Statutes 2018, section 253B.02, subdivision 17, is amended to read:
198.11 		Subd. 17.Person who is mentally ill has a mental illness and is dangerous to the 
198.12 	public. (a) A "person who is mentally illhas a mental illness and is dangerous to the public" 
198.13 	is a person:
198.14 	(1) who is mentally ill has an organic disorder of the brain or a substantial psychiatric 
198.15 	disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, 
198.16 	behavior, capacity to recognize reality, or to reason or understand, and is manifested by 
198.17 	instances of grossly disturbed behavior or faulty perceptions; and
198.18 	(2) who as a result of that mental illness impairment presents a clear danger to the safety 
198.19 	of others as demonstrated by the facts that (i) the person has engaged in an overt act causing 
198.20 	or attempting to cause serious physical harm to another and (ii) there is a substantial 
198.21 	likelihood that the person will engage in acts capable of inflicting serious physical harm on 
198.22 	another.
198.23 	(b) A person committed as a sexual psychopathic personality or sexually dangerous 
198.24 	person as defined in subdivisions 18a and 18b is subject to the provisions of this chapter 
198.25 	that apply to persons who are mentally ill and dangerous to the public.

198.26 	Sec. 10. Minnesota Statutes 2018, section 253B.02, subdivision 18, is amended to read:
198.27 		Subd. 18.Regional State-operated treatment center program. "Regional State-operated
198.28 	treatment center program" means any state-operated facility for persons who are mentally 
198.29 	ill, developmentally disabled, or chemically dependent under the direct administrative 
198.30 	authority of the commissioner means any state-operated program including community 
198.31 	behavioral health hospitals, crisis centers, residential facilities, outpatient services, and other 
199.1 	community-based services developed and operated by the state and under the commissioner's 
199.2 	control for a person who has a mental illness, developmental disability, or chemical 
199.3 	dependency.

199.4 	Sec. 11. Minnesota Statutes 2018, section 253B.02, subdivision 19, is amended to read:
199.5 		Subd. 19.Treatment facility. "Treatment facility" means a non-state-operated hospital, 
199.6 	community mental health center, or other treatment providerresidential treatment provider, 
199.7 	crisis residential withdrawal management center, or corporate foster care home qualified 
199.8 	to provide care and treatment for persons who are mentally ill, developmentally disabled, 
199.9 	or chemically dependent who have a mental illness, developmental disability, or chemical 
199.10 	dependency.

199.11 	Sec. 12. Minnesota Statutes 2018, section 253B.02, subdivision 21, is amended to read:
199.12 		Subd. 21.Pass. "Pass" means any authorized temporary, unsupervised absence from a 
199.13 	state-operated treatment facility program.

199.14 	Sec. 13. Minnesota Statutes 2018, section 253B.02, subdivision 22, is amended to read:
199.15 		Subd. 22.Pass plan. "Pass plan" means the part of a treatment plan for a person patient
199.16 	who has been committed as mentally ill and a person who has a mental illness and is
199.17 	dangerous to the public that specifies the terms and conditions under which the patient may 
199.18 	be released on a pass.

199.19 	Sec. 14. Minnesota Statutes 2018, section 253B.02, subdivision 23, is amended to read:
199.20 		Subd. 23.Pass-eligible status. "Pass-eligible status" means the status under which a 
199.21 	person patient committed as mentally ill and a person who has a mental illness and is
199.22 	dangerous to the public may be released on passes after approval of a pass plan by the head 
199.23 	of a state-operated treatment facility program.

199.24 	Sec. 15. Minnesota Statutes 2018, section 253B.03, subdivision 1, is amended to read:
199.25 		Subdivision 1.Restraints. (a) A patient has the right to be free from restraints. Restraints 
199.26 	shall not be applied to a patient in a treatment facility or state-operated treatment program 
199.27 	unless the head of the treatment facility, head of the state-operated treatment program, a 
199.28 	member of the medical staff, or a licensed peace officer who has custody of the patient 
199.29 	determines that they restraints are necessary for the safety of the patient or others.
200.1 	(b) Restraints shall not be applied to patients with developmental disabilities except as 
200.2 	permitted under section 245.825 and rules of the commissioner of human services. Consent 
200.3 	must be obtained from the person patient or person's patient's guardian except for emergency 
200.4 	procedures as permitted under rules of the commissioner adopted under section 245.825.
200.5 	(c) Each use of a restraint and reason for it shall be made part of the clinical record of 
200.6 	the patient under the signature of the head of the treatment facility.

200.7 	Sec. 16. Minnesota Statutes 2018, section 253B.03, subdivision 2, is amended to read:
200.8 		Subd. 2.Correspondence. A patient has the right to correspond freely without censorship. 
200.9 	The head of the treatment facility or head of the state-operated treatment program may 
200.10 	restrict correspondence if the patient's medical welfare requires this restriction. For patients
200.11 	a patient in regional a state-operated treatment centers program, that determination may be 
200.12 	reviewed by the commissioner. Any limitation imposed on the exercise of a patient's 
200.13 	correspondence rights and the reason for it shall be made a part of the clinical record of the 
200.14 	patient. Any communication which is not delivered to a patient shall be immediately returned 
200.15 	to the sender.

200.16 	Sec. 17. Minnesota Statutes 2018, section 253B.03, subdivision 3, is amended to read:
200.17 		Subd. 3.Visitors and phone calls. Subject to the general rules of the treatment facility
200.18 	or state-operated treatment program, a patient has the right to receive visitors and make 
200.19 	phone calls. The head of the treatment facility or head of the state-operated treatment program 
200.20 	may restrict visits and phone calls on determining that the medical welfare of the patient 
200.21 	requires it. Any limitation imposed on the exercise of the patient's visitation and phone call 
200.22 	rights and the reason for it shall be made a part of the clinical record of the patient.

200.23 	Sec. 18. Minnesota Statutes 2018, section 253B.03, subdivision 4a, is amended to read:
200.24 		Subd. 4a.Disclosure of patient's admission. Upon admission to a treatment facility or 
200.25 	state-operated treatment program where federal law prohibits unauthorized disclosure of 
200.26 	patient or resident identifying information to callers and visitors, the patient or resident, or 
200.27 	the legal guardian of the patient or resident, shall be given the opportunity to authorize 
200.28 	disclosure of the patient's or resident's presence in the facility to callers and visitors who 
200.29 	may seek to communicate with the patient or resident. To the extent possible, the legal 
200.30 	guardian of a patient or resident shall consider the opinions of the patient or resident regarding 
200.31 	the disclosure of the patient's or resident's presence in the facility.

201.1 	Sec. 19. Minnesota Statutes 2018, section 253B.03, subdivision 5, is amended to read:
201.2 		Subd. 5.Periodic assessment. A patient has the right to periodic medical assessment, 
201.3 	including assessment of the medical necessity of continuing care and, if the treatment facility, 
201.4 	state-operated treatment program, or community-based treatment program declines to provide 
201.5 	continuing care, the right to receive specific written reasons why continuing care is declined 
201.6 	at the time of the assessment. The treatment facility, state-operated treatment program, or 
201.7 	community-based treatment program shall assess the physical and mental condition of every 
201.8 	patient as frequently as necessary, but not less often than annually. If the patient refuses to 
201.9 	be examined, the treatment facility, state-operated treatment program, or community-based 
201.10 	treatment program shall document in the patient's chart its attempts to examine the patient. 
201.11 	If a person patient is committed as developmentally disabled for an indeterminate period 
201.12 	of time, the three-year judicial review must include the annual reviews for each year as 
201.13 	outlined in Minnesota Rules, part 9525.0075, subpart 6 regarding the patient's need for 
201.14 	continued commitment.

201.15 	Sec. 20. Minnesota Statutes 2018, section 253B.03, subdivision 6, is amended to read:
201.16 		Subd. 6.Consent for medical procedure. (a) A patient has the right to give prior consent 
201.17 	to any medical or surgical treatment, other than treatment for chemical dependency or 
201.18 	nonintrusive treatment for mental illness.
201.19 	(b) The following procedures shall be used to obtain consent for any treatment necessary 
201.20 	to preserve the life or health of any committed patient:
201.21 	(a) (1) the written, informed consent of a competent adult patient for the treatment is 
201.22 	sufficient.;
201.23 	(b) (2) if the patient is subject to guardianship which includes the provision of medical 
201.24 	care, the written, informed consent of the guardian for the treatment is sufficient.;
201.25 	(c) (3) if the head of the treatment facility or state-operated treatment program determines 
201.26 	that the patient is not competent to consent to the treatment and the patient has not been 
201.27 	adjudicated incompetent, written, informed consent for the surgery or medical treatment 
201.28 	shall be obtained from the person appointed the health care power of attorney, the patient's 
201.29 	agent under the health care directive, or the nearest proper relative. For this purpose, the 
201.30 	following persons are proper relatives, in the order listed: the patient's spouse, parent, adult 
201.31 	child, or adult sibling. If the nearest proper relatives cannot be located, refuse to consent to 
201.32 	the procedure, or are unable to consent, the head of the treatment facility or state-operated 
201.33 	treatment program or an interested person may petition the committing court for approval 
202.1 	for the treatment or may petition a court of competent jurisdiction for the appointment of a 
202.2 	guardian. The determination that the patient is not competent, and the reasons for the 
202.3 	determination, shall be documented in the patient's clinical record.;
202.4 	(d) (4) consent to treatment of any minor patient shall be secured in accordance with 
202.5 	sections 144.341 to 144.346. A minor 16 years of age or older may consent to hospitalization, 
202.6 	routine diagnostic evaluation, and emergency or short-term acute care.; and
202.7 	(e) (5) in the case of an emergency when the persons ordinarily qualified to give consent 
202.8 	cannot be located in sufficient time to address the emergency need, the head of the treatment 
202.9 	facility or state-operated treatment program may give consent.
202.10 	(c) No person who consents to treatment pursuant to the provisions of this subdivision 
202.11 	shall be civilly or criminally liable for the performance or the manner of performing the 
202.12 	treatment. No person shall be liable for performing treatment without consent if written, 
202.13 	informed consent was given pursuant to this subdivision. This provision shall not affect any 
202.14 	other liability which may result from the manner in which the treatment is performed.

202.15 	Sec. 21. Minnesota Statutes 2018, section 253B.03, subdivision 6b, is amended to read:
202.16 		Subd. 6b.Consent for mental health treatment. A competent person patient admitted 
202.17 	voluntarily to a treatment facility or state-operated treatment program may be subjected to 
202.18 	intrusive mental health treatment only with the person's patient's written informed consent. 
202.19 	For purposes of this section, "intrusive mental health treatment" means electroshock
202.20 	electroconvulsive therapy and neuroleptic medication and does not include treatment for a 
202.21 	developmental disability. An incompetent person patient who has prepared a directive under 
202.22 	subdivision 6d regarding intrusive mental health treatment with intrusive therapies must be 
202.23 	treated in accordance with this section, except in cases of emergencies.

202.24 	Sec. 22. Minnesota Statutes 2018, section 253B.03, subdivision 6d, as amended by Laws 
202.25 	2020, chapter 115, article 4, section 101, is amended to read:
202.26 		Subd. 6d.Adult mental health treatment. (a) A competent adult patient may make a 
202.27 	declaration of preferences or instructions regarding intrusive mental health treatment. These 
202.28 	preferences or instructions may include, but are not limited to, consent to or refusal of these 
202.29 	treatments. A declaration of preferences or instructions may include a health care directive 
202.30 	under chapter 145C or a psychiatric directive.
202.31 	(b) A declaration may designate a proxy to make decisions about intrusive mental health 
202.32 	treatment. A proxy designated to make decisions about intrusive mental health treatments 
203.1 	and who agrees to serve as proxy may make decisions on behalf of a declarant consistent 
203.2 	with any desires the declarant expresses in the declaration.
203.3 	(c) A declaration is effective only if it is signed by the declarant and two witnesses. The 
203.4 	witnesses must include a statement that they believe the declarant understands the nature 
203.5 	and significance of the declaration. A declaration becomes operative when it is delivered 
203.6 	to the declarant's physician, advanced practice registered nurse, or other mental health 
203.7 	treatment provider. The physician, advanced practice registered nurse, or provider must 
203.8 	comply with it the declaration to the fullest extent possible, consistent with reasonable 
203.9 	medical practice, the availability of treatments requested, and applicable law. The physician, 
203.10 	advanced practice registered nurse, or provider shall continue to obtain the declarant's 
203.11 	informed consent to all intrusive mental health treatment decisions if the declarant is capable 
203.12 	of informed consent. A treatment provider may must not require a person patient to make 
203.13 	a declaration under this subdivision as a condition of receiving services.
203.14 	(d) The physician, advanced practice registered nurse, or other provider shall make the 
203.15 	declaration a part of the declarant's medical record. If the physician, advanced practice 
203.16 	registered nurse, or other provider is unwilling at any time to comply with the declaration, 
203.17 	the physician, advanced practice registered nurse, or provider must promptly notify the 
203.18 	declarant and document the notification in the declarant's medical record. If the declarant 
203.19 	has been committed as a patient under this chapter, the physician, advanced practice 
203.20 	registered nurse, or provider may subject a declarant to intrusive treatment in a manner 
203.21 	contrary to the declarant's expressed wishes, only upon order of the committing court. If 
203.22 	the declarant is not a committed patient under this chapter, The physician, advanced practice 
203.23 	registered nurse, or provider may subject the declarant to intrusive treatment in a manner 
203.24 	contrary to the declarant's expressed wishes, only if the declarant is committed as mentally 
203.25 	ill a person who poses a risk of harm due to mental illness or mentally ill as a person who 
203.26 	has a mental illness and is dangerous to the public and a court order authorizing the treatment 
203.27 	has been issued or an emergency has been declared under section 253B.092, subdivision 3.
203.28 	(e) A declaration under this subdivision may be revoked in whole or in part at any time 
203.29 	and in any manner by the declarant if the declarant is competent at the time of revocation. 
203.30 	A revocation is effective when a competent declarant communicates the revocation to the 
203.31 	attending physician, advanced practice registered nurse, or other provider. The attending 
203.32 	physician, advanced practice registered nurse, or other provider shall note the revocation 
203.33 	as part of the declarant's medical record.
204.1 	(f) A provider who administers intrusive mental health treatment according to and in 
204.2 	good faith reliance upon the validity of a declaration under this subdivision is held harmless 
204.3 	from any liability resulting from a subsequent finding of invalidity.
204.4 	(g) In addition to making a declaration under this subdivision, a competent adult may 
204.5 	delegate parental powers under section 524.5-211 or may nominate a guardian under sections 
204.6 	524.5-101 to 524.5-502.

204.7 	Sec. 23. Minnesota Statutes 2018, section 253B.03, subdivision 7, is amended to read:
204.8 		Subd. 7.Program Treatment plan. A person patient receiving services under this 
204.9 	chapter has the right to receive proper care and treatment, best adapted, according to 
204.10 	contemporary professional standards, to rendering further supervision unnecessary. The 
204.11 	treatment facility, state-operated treatment program, or community-based treatment program
204.12 	shall devise a written program treatment plan for each person patient which describes in 
204.13 	behavioral terms the case problems, the precise goals, including the expected period of time 
204.14 	for treatment, and the specific measures to be employed. Each plan shall be reviewed at 
204.15 	least quarterly to determine progress toward the goals, and to modify the program plan as 
204.16 	necessary.The development and review of treatment plans must be conducted as required 
204.17 	under the license or certification of the treatment facility, state-operated treatment program, 
204.18 	or community-based treatment program. If there are no review requirements under the 
204.19 	license or certification, the treatment plan must be reviewed quarterly. The program treatment
204.20 	plan shall be devised and reviewed with the designated agency and with the patient. The 
204.21 	clinical record shall reflect the program treatment plan review. If the designated agency or 
204.22 	the patient does not participate in the planning and review, the clinical record shall include 
204.23 	reasons for nonparticipation and the plans for future involvement. The commissioner shall 
204.24 	monitor the programtreatment plan and review process for regional centers state-operated 
204.25 	treatment programs to insureensure compliance with the provisions of this subdivision.

204.26 	Sec. 24. Minnesota Statutes 2018, section 253B.03, subdivision 10, is amended to read:
204.27 		Subd. 10.Notification. (a) All persons patients admitted or committed to a treatment 
204.28 	facility or state-operated treatment program, or temporarily confined under section 253B.045, 
204.29 	shall be notified in writing of their rights regarding hospitalization and other treatment at 
204.30 	the time of admission.
204.31 	(b) This notification must include:
204.32 	(1) patient rights specified in this section and section 144.651, including nursing home 
204.33 	discharge rights;
205.1 	(2) the right to obtain treatment and services voluntarily under this chapter;
205.2 	(3) the right to voluntary admission and release under section 253B.04;
205.3 	(4) rights in case of an emergency admission under section 253B.05 253B.051, including 
205.4 	the right to documentation in support of an emergency hold and the right to a summary 
205.5 	hearing before a judge if the patient believes an emergency hold is improper;
205.6 	(5) the right to request expedited review under section 62M.05 if additional days of 
205.7 	inpatient stay are denied;
205.8 	(6) the right to continuing benefits pending appeal and to an expedited administrative 
205.9 	hearing under section 256.045 if the patient is a recipient of medical assistance or 
205.10 	MinnesotaCare; and
205.11 	(7) the right to an external appeal process under section 62Q.73, including the right to 
205.12 	a second opinion.

205.13 	Sec. 25. Minnesota Statutes 2018, section 253B.04, subdivision 1, is amended to read:
205.14 		Subdivision 1.Voluntary admission and treatment. (a) Voluntary admission is preferred 
205.15 	over involuntary commitment and treatment. Any person 16 years of age or older may 
205.16 	request to be admitted to a treatment facility or state-operated treatment program as a 
205.17 	voluntary patient for observation, evaluation, diagnosis, care and treatment without making 
205.18 	formal written application. Any person under the age of 16 years may be admitted as a 
205.19 	patient with the consent of a parent or legal guardian if it is determined by independent 
205.20 	examination that there is reasonable evidence that (1) the proposed patient has a mental 
205.21 	illness, or is developmentally disabled developmental disability, or chemically dependent
205.22 	chemical dependency; and (2) the proposed patient is suitable for treatment. The head of 
205.23 	the treatment facility or head of the state-operated treatment program shall not arbitrarily 
205.24 	refuse any person seeking admission as a voluntary patient. In making decisions regarding 
205.25 	admissions, the treatment facility or state-operated treatment program shall use clinical 
205.26 	admission criteria consistent with the current applicable inpatient admission standards 
205.27 	established by professional organizations including the American Psychiatric Association 
205.28 	or, the American Academy of Child and Adolescent Psychiatry, the Joint Commission, and 
205.29 	the American Society of Addiction Medicine. These criteria must be no more restrictive 
205.30 	than, and must be consistent with, the requirements of section 62Q.53. The treatment facility 
205.31 	or head of the state-operated treatment program may not refuse to admit a person voluntarily 
205.32 	solely because the person does not meet the criteria for involuntary holds under section 
206.1 	253B.05 253B.051 or the definition of a person who poses a risk of harm due to mental 
206.2 	illness under section 253B.02, subdivision 13.
206.3 	(b) In addition to the consent provisions of paragraph (a), a person who is 16 or 17 years 
206.4 	of age who refuses to consent personally to admission may be admitted as a patient for 
206.5 	mental illness or chemical dependency treatment with the consent of a parent or legal 
206.6 	guardian if it is determined by an independent examination that there is reasonable evidence 
206.7 	that the proposed patient is chemically dependent or has a mental illness and is suitable for 
206.8 	treatment. The person conducting the examination shall notify the proposed patient and the 
206.9 	parent or legal guardian of this determination.
206.10 	(c) A person who is voluntarily participating in treatment for a mental illness is not 
206.11 	subject to civil commitment under this chapter if the person:
206.12 	(1) has given informed consent or, if lacking capacity, is a person for whom legally valid 
206.13 	substitute consent has been given; and
206.14 	(2) is participating in a medically appropriate course of treatment, including clinically 
206.15 	appropriate and lawful use of neuroleptic medication and electroconvulsive therapy. The 
206.16 	limitation on commitment in this paragraph does not apply if, based on clinical assessment, 
206.17 	the court finds that it is unlikely that the person patient will remain in and cooperate with 
206.18 	a medically appropriate course of treatment absent commitment and the standards for 
206.19 	commitment are otherwise met. This paragraph does not apply to a person for whom 
206.20 	commitment proceedings are initiated pursuant to rule 20.01 or 20.02 of the Rules of Criminal 
206.21 	Procedure, or a person found by the court to meet the requirements under section 253B.02, 
206.22 	subdivision 17.
206.23 	(d) Legally valid substitute consent may be provided by a proxy under a health care 
206.24 	directive, a guardian or conservator with authority to consent to mental health treatment, 
206.25 	or consent to admission under subdivision 1a or 1b.

206.26 	Sec. 26. Minnesota Statutes 2018, section 253B.04, subdivision 1a, is amended to read:
206.27 		Subd. 1a.Voluntary treatment or admission for persons with a mental illness. (a) 
206.28 	A person with a mental illness may seek or voluntarily agree to accept treatment or admission 
206.29 	to a state-operated treatment program or treatment facility. If the mental health provider 
206.30 	determines that the person lacks the capacity to give informed consent for the treatment or 
206.31 	admission, and in the absence of a health care power of attorney directive or health care 
206.32 	power of attorney that authorizes consent, the designated agency or its designee may give 
207.1 	informed consent for mental health treatment or admission to a treatment facility or 
207.2 	state-operated treatment program on behalf of the person.
207.3 	(b) The designated agency shall apply the following criteria in determining the person's 
207.4 	ability to give informed consent:
207.5 	(1) whether the person demonstrates an awareness of the person's illness, and the reasons 
207.6 	for treatment, its risks, benefits and alternatives, and the possible consequences of refusing 
207.7 	treatment; and
207.8 	(2) whether the person communicates verbally or nonverbally a clear choice concerning 
207.9 	treatment that is a reasoned one, not based on delusion, even though it may not be in the 
207.10 	person's best interests.
207.11 	(c) The basis for the designated agency's decision that the person lacks the capacity to 
207.12 	give informed consent for treatment or admission, and that the patient has voluntarily 
207.13 	accepted treatment or admission, must be documented in writing.
207.14 	(d) A mental health provider treatment facility or state-operated treatment program that 
207.15 	provides treatment in reliance on the written consent given by the designated agency under 
207.16 	this subdivision or by a substitute decision maker appointed by the court is not civilly or 
207.17 	criminally liable for performing treatment without consent. This paragraph does not affect 
207.18 	any other liability that may result from the manner in which the treatment is performed.
207.19 	(e) A person patient who receives treatment or is admitted to a treatment facility or 
207.20 	state-operated treatment program under this subdivision or subdivision 1b has the right to 
207.21 	refuse treatment at any time or to be released from a treatment facility or state-operated 
207.22 	treatment program as provided under subdivision 2. The person patient or any interested 
207.23 	person acting on the person's patient's behalf may seek court review within five days for a 
207.24 	determination of whether the person's patient's agreement to accept treatment or admission 
207.25 	is voluntary. At the time a person patient agrees to treatment or admission to a treatment 
207.26 	facility or state-operated treatment program under this subdivision, the designated agency 
207.27 	or its designee shall inform the person patient in writing of the person's patient's rights under 
207.28 	this paragraph.
207.29 	(f) This subdivision does not authorize the administration of neurolepticmedications. 
207.30 	Neuroleptic medications may be administered only as provided in section 253B.092.

207.31 	Sec. 27. Minnesota Statutes 2018, section 253B.04, subdivision 2, is amended to read:
207.32 		Subd. 2.Release. Every patient admitted for mental illness or developmental disability 
207.33 	under this section shall be informed in writing at the time of admission that the patient has 
208.1 	a right to leave the treatment facility or state-operated treatment program within 12 hours 
208.2 	of making a request, unless held under another provision of this chapter. Every patient 
208.3 	admitted for chemical dependency under this section shall be informed in writing at the 
208.4 	time of admission that the patient has a right to leave the treatment facility or state-operated 
208.5 	treatment program within 72 hours, exclusive of Saturdays, Sundays, and legal holidays, 
208.6 	of making a request, unless held under another provision of this chapter. The request shall 
208.7 	be submitted in writing to the head of the treatment facility or state-operated treatment 
208.8 	program or the person's designee.

208.9 	Sec. 28. [253B.041] SERVICES FOR ENGAGEMENT IN TREATMENT.
208.10 		Subdivision 1.Eligibility. (a) The purpose of engagement services is to avoid the need 
208.11 	for commitment and to enable the proposed patient to voluntarily engage in needed treatment. 
208.12 	An interested person may apply to the county where a proposed patient resides to request 
208.13 	engagement services.
208.14 	(b) To be eligible for engagement services, the proposed patient must be at least 18 years 
208.15 	of age, have a mental illness, and either:
208.16 	(1) be exhibiting symptoms of serious mental illness including hallucinations, mania, 
208.17 	delusional thoughts, or be unable to obtain necessary food, clothing, shelter, medical care, 
208.18 	or provide necessary hygiene due to the patient's mental illness; or
208.19 	(2) have a history of failing to adhere to treatment for mental illness, in that:
208.20 	(i) the proposed patient's mental illness has been a substantial factor in necessitating 
208.21 	hospitalization, or incarceration in a state or local correctional facility, not including any 
208.22 	period during which the person was hospitalized or incarcerated immediately preceding 
208.23 	filing the application for engagement; or
208.24 	(ii) the proposed patient is exhibiting symptoms or behavior that may lead to 
208.25 	hospitalization, incarceration, or court-ordered treatment.
208.26 		Subd. 2.Administration. (a) Upon receipt of a request for engagement services, the 
208.27 	county's prepetition screening team shall conduct an investigation to determine whether the 
208.28 	proposed patient is eligible. In making this determination, the screening team shall seek any 
208.29 	relevant information from an interested person.
208.30 	(b) If the screening team determines that the proposed patient is eligible, engagement 
208.31 	services must begin and include, but are not limited to:
209.1 	(1) assertive attempts to engage the patient in voluntary treatment for mental illness for 
209.2 	at least 90 days. Engagement services must be person-centered and continue even if the 
209.3 	patient is an inmate in a non-state-operated correctional facility;
209.4 	(2) efforts to engage the patient's existing systems of support, including interested persons, 
209.5 	unless the engagement provider determines that involvement is not helpful to the patient. 
209.6 	This includes education on restricting means of harm, suicide prevention, and engagement; 
209.7 	and
209.8 	(3) collaboration with the patient to meet immediate needs including access to housing, 
209.9 	food, income, disability verification, medications, and treatment for medical conditions.
209.10 	(c) Engagement services regarding potential treatment options must take into account 
209.11 	the patient's preferences for services and supports. The county may offer engagement services 
209.12 	through the designated agency or another agency under contract. Engagement services staff 
209.13 	must have training in person-centered care. Engagement services staff may include but are 
209.14 	not limited to mobile crisis teams under section 245.462, certified peer specialists under 
209.15 	section 256B.0615, community-based treatment programs, and homeless outreach workers.
209.16 	(d) If the patient voluntarily consents to receive mental health treatment, the engagement 
209.17 	services staff must facilitate the referral to an appropriate mental health treatment provider 
209.18 	including support obtaining health insurance if the proposed patient is currently or may 
209.19 	become uninsured. If the proposed patient initially consents to treatment, but fails to initiate 
209.20 	or continue treatment, the engagement services team must continue outreach efforts to the 
209.21 	patient.
209.22 		Subd. 3.Commitment. Engagement services for a patient to seek treatment may be 
209.23 	stopped if the proposed patient is in need of commitment and satisfies the commitment 
209.24 	criteria under section 253B.09, subdivision 1. In such a case, the engagement services team 
209.25 	must immediately notify the designated agency, initiate the prepetition screening process 
209.26 	under section 253B.07, or seek an emergency hold if necessary to ensure the safety of the 
209.27 	patient or others.
209.28 		Subd. 4.Evaluation. Counties may, but are not required to, provide engagement services. 
209.29 	The commissioner may conduct a pilot project evaluating the impact of engagement services 
209.30 	in decreasing commitments, increasing engagement in treatment, and other measures.

209.31 	Sec. 29. Minnesota Statutes 2018, section 253B.045, subdivision 2, is amended to read:
209.32 		Subd. 2.Facilities. (a) Each county or a group of counties shall maintain or provide by 
209.33 	contract a facility for confinement of persons held temporarily for observation, evaluation, 
210.1 	diagnosis, treatment, and care. When the temporary confinement is provided at a regional
210.2 	state-operated treatment center program, the commissioner shall charge the county of 
210.3 	financial responsibility for the costs of confinement of persons patients hospitalized under 
210.4 	section 253B.05, subdivisions 1 and 2, sections 253B.051 and section253B.07, subdivision 
210.5 	2b, except that the commissioner shall bill the responsible health plan first. Any charges 
210.6 	not covered, including co-pays and deductibles shall be the responsibility of the county. If 
210.7 	the person patient has health plan coverage, but the hospitalization does not meet the criteria 
210.8 	in subdivision 6 or section 62M.07, 62Q.53, or 62Q.535, the county is responsible. When 
210.9 	a person is temporarily confined in a Department of Corrections facility solely under 
210.10 	subdivision 1a, and not based on any separate correctional authority:
210.11 	(1) the commissioner of corrections may charge the county of financial responsibility 
210.12 	for the costs of confinement; and
210.13 	(2) the Department of Human Services shall use existing appropriations to fund all 
210.14 	remaining nonconfinement costs. The funds received by the commissioner for the 
210.15 	confinement and nonconfinement costs are appropriated to the department for these purposes.
210.16 	(b) For the purposes of this subdivision, "county of financial responsibility" has the 
210.17 	meaning specified in section 253B.02, subdivision 4c, or, if the person patient has no 
210.18 	residence in this state, the county which initiated the confinement. The charge for 
210.19 	confinement in a facility operated by the commissioner of human services shall be based 
210.20 	on the commissioner's determination of the cost of care pursuant to section 246.50, 
210.21 	subdivision 5. When there is a dispute as to which county is the county of financial 
210.22 	responsibility, the county charged for the costs of confinement shall pay for them pending 
210.23 	final determination of the dispute over financial responsibility.

210.24 	Sec. 30. Minnesota Statutes 2018, section 253B.045, subdivision 3, is amended to read:
210.25 		Subd. 3.Cost of care. Notwithstanding subdivision 2, a county shall be responsible for 
210.26 	the cost of care as specified under section 246.54 for persons a patient hospitalized at a 
210.27 	regionalstate-operated treatment center program in accordance with section 253B.09 and 
210.28 	the person's patient's legal status has been changed to a court hold under section 253B.07, 
210.29 	subdivision 2b, pending a judicial determination regarding continued commitment pursuant 
210.30 	to sections 253B.12 and 253B.13.

210.31 	Sec. 31. Minnesota Statutes 2018, section 253B.045, subdivision 5, is amended to read:
210.32 		Subd. 5.Health plan company; definition. For purposes of this section, "health plan 
210.33 	company" has the meaning given it in section 62Q.01, subdivision 4, and also includes a 
211.1 	demonstration provider as defined in section 256B.69, subdivision 2, paragraph (b),; and a 
211.2 	county or group of counties participating in county-based purchasing according to section 
211.3 	256B.692, and a children's mental health collaborative under contract to provide medical 
211.4 	assistance for individuals enrolled in the prepaid medical assistance and MinnesotaCare 
211.5 	programs according to sections 245.493 to 245.495.

211.6 	Sec. 32. Minnesota Statutes 2018, section 253B.045, subdivision 6, is amended to read:
211.7 		Subd. 6.Coverage. (a) For purposes of this section, "mental health services" means all 
211.8 	covered services that are intended to treat or ameliorate an emotional, behavioral, or 
211.9 	psychiatric condition and that are covered by the policy, contract, or certificate of coverage 
211.10 	of the enrollee's health plan company or by law.
211.11 	(b) All health plan companies that provide coverage for mental health services must 
211.12 	cover or provide mental health services ordered by a court of competent jurisdiction under 
211.13 	a court order that is issued on the basis of a behavioral care evaluation performed by a 
211.14 	licensed psychiatrist or a doctoral level licensed psychologist, which includes a diagnosis 
211.15 	and an individual treatment plan for care in the most appropriate, least restrictive 
211.16 	environment. The health plan company must be given a copy of the court order and the 
211.17 	behavioral care evaluation. The health plan company shall be financially liable for the 
211.18 	evaluation if performed by a participating provider of the health plan company and shall be 
211.19 	financially liable for the care included in the court-ordered individual treatment plan if the 
211.20 	care is covered by the health plan company and ordered to be provided by a participating 
211.21 	provider or another provider as required by rule or law. This court-ordered coverage must 
211.22 	not be subject to a separate medical necessity determination by a health plan company under 
211.23 	its utilization procedures.

211.24 	Sec. 33. [253B.051] EMERGENCY ADMISSION.
211.25 		Subdivision 1.Peace officer or health officer authority. (a) If a peace officer or health 
211.26 	officer has reason to believe, either through direct observation of the person's behavior or 
211.27 	upon reliable information of the person's recent behavior and, if available, knowledge or 
211.28 	reliable information concerning the person's past behavior or treatment that the person:
211.29 	(1) has a mental illness or developmental disability and is in danger of harming self or 
211.30 	others if the officer does not immediately detain the patient, the peace officer or health 
211.31 	officer may take the person into custody and transport the person to an examiner or a 
211.32 	treatment facility, state-operated treatment program, or community-based treatment program;
212.1 	(2) is chemically dependent or intoxicated in public and in danger of harming self or 
212.2 	others if the officer does not immediately detain the patient, the peace officer or health 
212.3 	officer may take the person into custody and transport the person to a treatment facility, 
212.4 	state-operated treatment program, or community-based treatment program; or
212.5 	(3) is chemically dependent or intoxicated in public and not in danger of harming self, 
212.6 	others, or property, the peace officer or health officer may take the person into custody and 
212.7 	transport the person to the person's home.
212.8 	(b) An examiner's written statement or a health officer's written statement in compliance 
212.9 	with the requirements of subdivision 2 is sufficient authority for a peace officer or health 
212.10 	officer to take the person into custody and transport the person to a treatment facility, 
212.11 	state-operated treatment program, or community-based treatment program.
212.12 	(c) A peace officer or health officer who takes a person into custody and transports the 
212.13 	person to a treatment facility, state-operated treatment program, or community-based 
212.14 	treatment program under this subdivision shall make written application for admission of 
212.15 	the person containing:
212.16 	(1) the officer's statement specifying the reasons and circumstances under which the 
212.17 	person was taken into custody;
212.18 	(2) identifying information on specific individuals to the extent practicable, if danger to 
212.19 	those individuals is a basis for the emergency hold; and
212.20 	(3) the officer's name, the agency that employs the officer, and the telephone number or 
212.21 	other contact information for purposes of receiving notice under subdivision 3.
212.22 	(d) A copy of the examiner's written statement and officer's application shall be made 
212.23 	available to the person taken into custody.
212.24 	(e) The officer may provide the transportation personally or may arrange to have the 
212.25 	person transported by a suitable medical or mental health transportation provider. As far as 
212.26 	practicable, a peace officer who provides transportation for a person placed in a treatment 
212.27 	facility, state-operated treatment program, or community-based treatment program under 
212.28 	this subdivision must not be in uniform and must not use a vehicle visibly marked as a law 
212.29 	enforcement vehicle.
212.30 		Subd. 2.Emergency hold. (a) A treatment facility, state-operated treatment program, 
212.31 	or community-based treatment program, other than a facility operated by the Minnesota sex 
212.32 	offender program, may admit or hold a patient, including a patient transported under 
212.33 	subdivision 1, for emergency care and treatment if the head of the facility or program 
213.1 	consents to holding the patient and an examiner provides a written statement in support of 
213.2 	holding the patient.
213.3 	(b) The written statement must indicate that:
213.4 	(1) the examiner examined the patient not more than 15 days prior to admission;
213.5 	(2) the examiner interviewed the patient, or if not, the specific reasons why the examiner 
213.6 	did not interview the patient;
213.7 	(3) the examiner has the opinion that the patient has a mental illness or developmental 
213.8 	disability, or is chemically dependent and is in danger of causing harm to self or others if 
213.9 	a facility or program does not immediately detain the patient. The statement must include 
213.10 	observations of the patient's behavior and avoid conclusory language. The statement must 
213.11 	be specific enough to provide an adequate record for review. If danger to specific individuals 
213.12 	is a basis for the emergency hold, the statement must identify those individuals to the extent 
213.13 	practicable; and
213.14 	(4) the facility or program cannot obtain a court order in time to prevent the anticipated 
213.15 	injury.
213.16 	(c) Prior to an examiner writing a statement, if another person brought the patient to the 
213.17 	treatment facility, state-operated treatment program, or community-based treatment program, 
213.18 	the examiner shall make a good-faith effort to obtain information from that person, which 
213.19 	the examiner must consider in deciding whether to place the patient on an emergency hold. 
213.20 	To the extent available, the statement must include direct observations of the patient's 
213.21 	behaviors, reliable knowledge of the patient's recent and past behavior, and information 
213.22 	regarding the patient's psychiatric history, past treatment, and current mental health providers. 
213.23 	The examiner shall also inquire about health care directives under chapter 145C and advance 
213.24 	psychiatric directives under section 253B.03, subdivision 6d.
213.25 	(d) The facility or program must give a copy of the examiner's written statement to the 
213.26 	patient immediately upon initiating the emergency hold. The treatment facility, state-operated 
213.27 	treatment program, or community-based treatment program shall maintain a copy of the 
213.28 	examiner's written statement. The program or facility must inform the patient in writing of 
213.29 	the right to (1) leave after 72 hours, (2) have a medical examination within 48 hours, and 
213.30 	(3) request a change to voluntary status. The facility or program shall assist the patient in 
213.31 	exercising the rights granted in this subdivision.
213.32 	(e) The facility or program must not allow the patient nor require the patient's consent 
213.33 	to participate in a clinical drug trial during an emergency admission or hold under this 
214.1 	subdivision. If a patient gives consent to participate in a drug trial during a period of an 
214.2 	emergency admission or hold, it is void and unenforceable. This paragraph does not prohibit 
214.3 	a patient from continuing participation in a clinical drug trial if the patient was participating 
214.4 	in the clinical drug trial at the time of the emergency admission or hold.
214.5 		Subd. 3.Duration of hold, release procedures, and change of status. (a) If a peace 
214.6 	officer or health officer transports a person to a treatment facility, state-operated treatment 
214.7 	program, or community-based treatment program under subdivision 1, an examiner at the 
214.8 	facility or program must examine the patient and make a determination about the need for 
214.9 	an emergency hold as soon as possible and within 12 hours of the person's arrival. The peace 
214.10 	officer or health officer hold ends upon whichever occurs first: (1) initiation of an emergency 
214.11 	hold on the person under subdivision 2; (2) the person's voluntary admission; (3) the 
214.12 	examiner's decision not to admit the person; or (4) 12 hours after the person's arrival.
214.13 	(b) Under this section, the facility or program may hold a patient up to 72 hours, exclusive 
214.14 	of Saturdays, Sundays, and legal holidays, after the examiner signs the written statement 
214.15 	for an emergency hold of the patient. The facility or program must release a patient when 
214.16 	the emergency hold expires unless the facility or program obtains a court order to hold the 
214.17 	patient. The facility or program may not place the patient on a consecutive emergency hold 
214.18 	under this section.
214.19 	(c) If the interested person files a petition to civilly commit the patient, the court may 
214.20 	issue a judicial hold order pursuant to section 253B.07, subdivision 2b.
214.21 	(d) During the 72-hour hold, a court must not release a patient under this section unless 
214.22 	the court received a written petition for the patient's release and the court has held a summary 
214.23 	hearing regarding the patient's release.
214.24 	(e) The written petition for the patient's release must include the patient's name, the basis 
214.25 	for the hold, the location of the hold, and a statement explaining why the hold is improper. 
214.26 	The petition must also include copies of any written documentation under subdivision 1 or 
214.27 	2 that support the hold, unless the facility or program holding the patient refuses to supply 
214.28 	the documentation. Upon receipt of a petition, the court must comply with the following:
214.29 	(1) the court must hold the hearing as soon as practicable and the court may conduct the 
214.30 	hearing by telephone conference call, interactive video conference, or similar method by 
214.31 	which the participants are able to simultaneously hear each other;
214.32 	(2) before deciding to release the patient, the court shall make every reasonable effort 
214.33 	to provide notice of the proposed release and reasonable opportunity to be heard to:
215.1 	(i) any specific individuals identified in a statement under subdivision 1 or 2 or individuals 
215.2 	identified in the record who might be endangered if the person is not held;
215.3 	(ii) the examiner whose written statement was the basis for the hold under subdivision 
215.4 	2; and
215.5 	(iii) the peace officer or health officer who applied for a hold under subdivision 1; and
215.6 	(3) if the court decides to release the patient, the court shall direct the patient's release 
215.7 	and shall issue written findings supporting the decision. The facility or program must not 
215.8 	delay the patient's release pending the written order.
215.9 	(f) Notwithstanding section 144.293, subdivisions 2 and 4, if a treatment facility, 
215.10 	state-operated treatment program, or community-based treatment program releases or 
215.11 	discharges a patient during the 72-hour hold; the examiner refuses to admit the patient; or 
215.12 	the patient leaves without the consent of the treating health care provider, the head of the 
215.13 	treatment facility, state-operated treatment program, or community-based treatment program 
215.14 	shall immediately notify the agency that employs the peace officer or health officer who 
215.15 	initiated the transport hold. This paragraph does not apply to the extent that the notice would 
215.16 	violate federal law governing the confidentiality of alcohol and drug abuse patient records 
215.17 	under Code of Federal Regulations, title 42, part 2.
215.18 	(g) If a patient is intoxicated in public and a facility or program holds the patient under 
215.19 	this section for detoxification, a treatment facility, state-operated treatment program, or 
215.20 	community-based treatment program may release the patient without providing notice under 
215.21 	paragraph (f) as soon as the treatment facility, state-operated treatment program, or 
215.22 	community-based treatment program determines that the person is no longer in danger of 
215.23 	causing harm to self or others. The facility or program must provide notice to the peace 
215.24 	officer or health officer who transported the person, or to the appropriate law enforcement 
215.25 	agency, if the officer or agency requests notification.
215.26 	(h) A treatment facility or state-operated treatment program must change a patient's 
215.27 	status to voluntary status as provided in section 253B.04 upon the patient's request in writing 
215.28 	if the head of the facility or program consents to the change.

215.29 	Sec. 34. Minnesota Statutes 2018, section 253B.06, subdivision 1, is amended to read:
215.30 		Subdivision 1.Persons who are mentally ill or developmentally disabled with mental 
215.31 	illness or developmental disability. A physician must examine every patient hospitalized 
215.32 	as mentally ill or developmentally disabled due to mental illness or developmental disability
215.33 	pursuant to section 253B.04 or 253B.05 must be examined by a physician 253B.051 as soon 
216.1 	as possible but no more than 48 hours following the patient's admission. The physician shall
216.2 	must be knowledgeable and trained in the diagnosis of diagnosing the alleged disability 
216.3 	related to the need for patient's mental illness or developmental disability, forming the basis 
216.4 	of the patient's admission as a person who is mentally ill or developmentally disabled.

216.5 	Sec. 35. Minnesota Statutes 2018, section 253B.06, subdivision 2, as amended by Laws 
216.6 	2020, chapter 115, article 4, section 102, is amended to read:
216.7 		Subd. 2.Chemically dependent persons. Patients hospitalized A treatment facility, 
216.8 	state-operated treatment program, or community-based treatment program must examine a 
216.9 	patient hospitalized as chemically dependent pursuant to section 253B.04 or 253B.05 shall 
216.10 	also be examined 253B.051 within 48 hours of admission. At a minimum, the examination 
216.11 	shall consist of a physical evaluation by facility staff the facility or program must physically 
216.12 	examine the patient according to procedures established by a physician or advanced practice 
216.13 	registered nurse, and an evaluation by staff examining the patient must be knowledgeable 
216.14 	and trained in the diagnosis of the alleged disability related to the need for forming the basis 
216.15 	of the patient's admission as a chemically dependent person.

216.16 	Sec. 36. Minnesota Statutes 2018, section 253B.06, subdivision 3, is amended to read:
216.17 		Subd. 3.Discharge. At the end of a 48-hour period, any the facility or program shall 
216.18 	discharge a patient admitted pursuant to section 253B.05 shall be discharged253B.051 if 
216.19 	an examination has not been held or if the examiner or evaluation staff person fails to notify 
216.20 	the head of the treatment facility or program in writing that in the examiner's or staff person's 
216.21 	opinion the patient is apparently in need of care, treatment, and evaluation as a mentally ill, 
216.22 	developmentally disabled, or chemically dependent person who has a mental illness, 
216.23 	developmental disability, or chemical dependency.

216.24 	Sec. 37. Minnesota Statutes 2018, section 253B.07, subdivision 1, is amended to read:
216.25 		Subdivision 1.Prepetition screening. (a) Prior to filing a petition for commitment of 
216.26 	or early intervention for a proposed patient, an interested person shall apply to the designated 
216.27 	agency in the county of financial responsibility or the county where the proposed patient is 
216.28 	present for conduct of a preliminary investigation as provided in section 253B.23, subdivision 
216.29 	1b, except when the proposed patient has been acquitted of a crime under section 611.026
216.30 	and the county attorney is required to file a petition for commitment. The designated agency 
216.31 	shall appoint a screening team to conduct an investigation. The petitioner may not be a 
216.32 	member of the screening team. The investigation must include:
217.1 	(1) a personal an interview with the proposed patient and other individuals who appear 
217.2 	to have knowledge of the condition of the proposed patient, if practicable. In-person 
217.3 	interviews with the proposed patient are preferred. If the proposed patient is not interviewed, 
217.4 	specific reasons must be documented;
217.5 	(2) identification and investigation of specific alleged conduct which is the basis for 
217.6 	application;
217.7 	(3) identification, exploration, and listing of the specific reasons for rejecting or 
217.8 	recommending alternatives to involuntary placement;
217.9 	(4) in the case of a commitment based on mental illness, the following information, if 
217.10 	it is known or available, that may be relevant to the administration of neuroleptic medications, 
217.11 	including the existence of a declaration under section 253B.03, subdivision 6d, or a health 
217.12 	care directive under chapter 145C or a guardian, conservator, proxy, or agent with authority 
217.13 	to make health care decisions for the proposed patient; information regarding the capacity 
217.14 	of the proposed patient to make decisions regarding administration of neuroleptic medication; 
217.15 	and whether the proposed patient is likely to consent or refuse consent to administration of 
217.16 	the medication;
217.17 	(5) seeking input from the proposed patient's health plan company to provide the court 
217.18 	with information about services the enrollee needs and the least restrictive alternatives the 
217.19 	patient's relevant treatment history and current treatment providers; and
217.20 	(6) in the case of a commitment based on mental illness, information listed in clause (4) 
217.21 	for other purposes relevant to treatment.
217.22 	(b) In conducting the investigation required by this subdivision, the screening team shall 
217.23 	have access to all relevant medical records of proposed patients currently in treatment 
217.24 	facilities, state-operated treatment programs, or community-based treatment programs. The 
217.25 	interviewer shall inform the proposed patient that any information provided by the proposed 
217.26 	patient may be included in the prepetition screening report and may be considered in the 
217.27 	commitment proceedings. Data collected pursuant to this clause shall be considered private 
217.28 	data on individuals. The prepetition screening report is not admissible as evidence except 
217.29 	by agreement of counsel or as permitted by this chapter or the rules of court and is not 
217.30 	admissible in any court proceedings unrelated to the commitment proceedings.
217.31 	(c) The prepetition screening team shall provide a notice, written in easily understood 
217.32 	language, to the proposed patient, the petitioner, persons named in a declaration under 
217.33 	chapter 145C or section 253B.03, subdivision 6d, and, with the proposed patient's consent, 
217.34 	other interested parties. The team shall ask the patient if the patient wants the notice read 
218.1 	and shall read the notice to the patient upon request. The notice must contain information 
218.2 	regarding the process, purpose, and legal effects of civil commitment and early intervention. 
218.3 	The notice must inform the proposed patient that:
218.4 	(1) if a petition is filed, the patient has certain rights, including the right to a 
218.5 	court-appointed attorney, the right to request a second court examiner, the right to attend 
218.6 	hearings, and the right to oppose the proceeding and to present and contest evidence; and
218.7 	(2) if the proposed patient is committed to a state regional treatment center or group 
218.8 	home state-operated treatment program, the patient may be billed for the cost of care and 
218.9 	the state has the right to make a claim against the patient's estate for this cost.
218.10 	The ombudsman for mental health and developmental disabilities shall develop a form 
218.11 	for the notice which includes the requirements of this paragraph.
218.12 	(d) When the prepetition screening team recommends commitment, a written report 
218.13 	shall be sent to the county attorney for the county in which the petition is to be filed. The 
218.14 	statement of facts contained in the written report must meet the requirements of subdivision 
218.15 	2, paragraph (b).
218.16 	(e) The prepetition screening team shall refuse to support a petition if the investigation 
218.17 	does not disclose evidence sufficient to support commitment. Notice of the prepetition 
218.18 	screening team's decision shall be provided to the prospective petitioner, any specific 
218.19 	individuals identified in the examiner's statement, and to the proposed patient.
218.20 	(f) If the interested person wishes to proceed with a petition contrary to the 
218.21 	recommendation of the prepetition screening team, application may be made directly to the 
218.22 	county attorney, who shall determine whether or not to proceed with the petition. Notice of 
218.23 	the county attorney's determination shall be provided to the interested party.
218.24 	(g) If the proposed patient has been acquitted of a crime under section 611.026, the 
218.25 	county attorney shall apply to the designated county agency in the county in which the 
218.26 	acquittal took place for a preliminary investigation unless substantially the same information 
218.27 	relevant to the proposed patient's current mental condition, as could be obtained by a 
218.28 	preliminary investigation, is part of the court record in the criminal proceeding or is contained 
218.29 	in the report of a mental examination conducted in connection with the criminal proceeding. 
218.30 	If a court petitions for commitment pursuant to the Rules of Criminal or Juvenile Procedure 
218.31 	or a county attorney petitions pursuant to acquittal of a criminal charge under section 611.026, 
218.32 	the prepetition investigation, if required by this section, shall be completed within seven 
218.33 	days after the filing of the petition.

219.1 	Sec. 38. Minnesota Statutes 2018, section 253B.07, subdivision 2, is amended to read:
219.2 		Subd. 2.The petition. (a) Any interested person, except a member of the prepetition 
219.3 	screening team, may file a petition for commitment in the district court of the county of 
219.4 	financial responsibility or the county where the proposed patient is present. If the head of 
219.5 	the treatment facility, state-operated treatment program, or community-based treatment 
219.6 	program believes that commitment is required and no petition has been filed, the head of 
219.7 	the treatment facility that person shall petition for the commitment of the person proposed 
219.8 	patient.
219.9 	(b) The petition shall set forth the name and address of the proposed patient, the name 
219.10 	and address of the patient's nearest relatives, and the reasons for the petition. The petition 
219.11 	must contain factual descriptions of the proposed patient's recent behavior, including a 
219.12 	description of the behavior, where it occurred, and the time period over which it occurred. 
219.13 	Each factual allegation must be supported by observations of witnesses named in the petition. 
219.14 	Petitions shall be stated in behavioral terms and shall not contain judgmental or conclusory 
219.15 	statements.
219.16 	(c) The petition shall be accompanied by a written statement by an examiner stating that 
219.17 	the examiner has examined the proposed patient within the 15 days preceding the filing of 
219.18 	the petition and is of the opinion that the proposed patient is suffering has a designated 
219.19 	disability and should be committed to a treatment facility, state-operated treatment program, 
219.20 	or community-based treatment program. The statement shall include the reasons for the 
219.21 	opinion. In the case of a commitment based on mental illness, the petition and the examiner's 
219.22 	statement shall include, to the extent this information is available, a statement and opinion 
219.23 	regarding the proposed patient's need for treatment with neuroleptic medication and the 
219.24 	patient's capacity to make decisions regarding the administration of neuroleptic medications, 
219.25 	and the reasons for the opinion. If use of neuroleptic medications is recommended by the 
219.26 	treating physician medical practitioner or other qualified medical provider, the petition for 
219.27 	commitment must, if applicable, include or be accompanied by a request for proceedings 
219.28 	under section 253B.092. Failure to include the required information regarding neuroleptic 
219.29 	medications in the examiner's statement, or to include a request for an order regarding 
219.30 	neuroleptic medications with the commitment petition, is not a basis for dismissing the 
219.31 	commitment petition. If a petitioner has been unable to secure a statement from an examiner, 
219.32 	the petition shall include documentation that a reasonable effort has been made to secure 
219.33 	the supporting statement.

220.1 	Sec. 39. Minnesota Statutes 2018, section 253B.07, subdivision 2a, is amended to read:
220.2 		Subd. 2a.Petition originating from criminal proceedings. (a) If criminal charges are 
220.3 	pending against a defendant, the court shall order simultaneous competency and civil 
220.4 	commitment examinations in accordance with Minnesota Rules of Criminal Procedure, rule 
220.5 	20.04, when the following conditions are met:
220.6 	(1) the prosecutor or defense counsel doubts the defendant's competency and a motion 
220.7 	is made challenging competency, or the court on its initiative raises the issue under rule 
220.8 	20.01; and
220.9 	(2) the prosecutor and defense counsel agree simultaneous examinations are appropriate.
220.10 	No additional examination under subdivision 3 is required in a subsequent civil commitment 
220.11 	proceeding unless a second examination is requested by defense counsel appointed following 
220.12 	the filing of any petition for commitment.
220.13 	(b) Only a court examiner may conduct an assessment as described in Minnesota Rules 
220.14 	of Criminal Procedure, rules 20.01, subdivision 4, and 20.02, subdivision 2.
220.15 	(c) Where a county is ordered to consider civil commitment following a determination 
220.16 	of incompetency under Minnesota Rules of Criminal Procedure, rule 20.01, the county in 
220.17 	which the criminal matter is pending is responsible to conduct prepetition screening and, if 
220.18 	statutory conditions for commitment are satisfied, to file the commitment petition in that 
220.19 	county. By agreement between county attorneys, prepetition screening and filing the petition 
220.20 	may be handled in the county of financial responsibility or the county where the proposed 
220.21 	patient is present.
220.22 	(b) (d) Following an acquittal of a person of a criminal charge under section 611.026, 
220.23 	the petition shall be filed by the county attorney of the county in which the acquittal took 
220.24 	place and the petition shall be filed with the court in which the acquittal took place, and that 
220.25 	court shall be the committing court for purposes of this chapter. When a petition is filed 
220.26 	pursuant to subdivision 2 with the court in which acquittal of a criminal charge took place, 
220.27 	the court shall assign the judge before whom the acquittal took place to hear the commitment 
220.28 	proceedings unless that judge is unavailable.

220.29 	Sec. 40. Minnesota Statutes 2018, section 253B.07, subdivision 2b, is amended to read:
220.30 		Subd. 2b.Apprehend and hold orders. (a) The court may order the treatment facility 
220.31 	or state-operated treatment program to hold the person in a treatment facility proposed 
220.32 	patient or direct a health officer, peace officer, or other person to take the proposed patient 
220.33 	into custody and transport the proposed patient to a treatment facility or state-operated 
221.1 	treatment program for observation, evaluation, diagnosis, care, treatment, and, if necessary, 
221.2 	confinement, when:
221.3 	(1) there has been a particularized showing by the petitioner that serious physical harm 
221.4 	to the proposed patient or others is likely unless the proposed patient is immediately 
221.5 	apprehended;
221.6 	(2) the proposed patient has not voluntarily appeared for the examination or the 
221.7 	commitment hearing pursuant to the summons; or
221.8 	(3) a person is held pursuant to section 253B.05 253B.051 and a request for a petition 
221.9 	for commitment has been filed.
221.10 	(b) The order of the court may be executed on any day and at any time by the use of all 
221.11 	necessary means including the imposition of necessary restraint upon the proposed patient. 
221.12 	Where possible, a peace officer taking the proposed patient into custody pursuant to this 
221.13 	subdivision shall not be in uniform and shall not use a motor vehicle visibly marked as a 
221.14 	police law enforcement vehicle. Except as provided in section 253D.10, subdivision 2, in 
221.15 	the case of an individual on a judicial hold due to a petition for civil commitment under 
221.16 	chapter 253D, assignment of custody during the hold is to the commissioner of human 
221.17 	services. The commissioner is responsible for determining the appropriate placement within 
221.18 	a secure treatment facility under the authority of the commissioner.
221.19 	(c) A proposed patient must not be allowed or required to consent to nor participate in 
221.20 	a clinical drug trial while an order is in effect under this subdivision. A consent given while 
221.21 	an order is in effect is void and unenforceable. This paragraph does not prohibit a patient 
221.22 	from continuing participation in a clinical drug trial if the patient was participating in the 
221.23 	clinical drug trial at the time the order was issued under this subdivision.

221.24 	Sec. 41. Minnesota Statutes 2018, section 253B.07, subdivision 2d, is amended to read:
221.25 		Subd. 2d.Change of venue. Either party may move to have the venue of the petition 
221.26 	changed to the district court of the Minnesota county where the person currently lives, 
221.27 	whether independently or pursuant to a placement. The county attorney of the proposed 
221.28 	county of venue must be notified of the motion and provided the opportunity to respond 
221.29 	before the court rules on the motion. The court shall grant the motion if it determines that 
221.30 	the transfer is appropriate and is in the interests of justice. If the petition has been filed 
221.31 	pursuant to the Rules of Criminal or Juvenile Procedure, venue may not be changed without 
221.32 	the agreement of the county attorney of the proposed county of venue and the approval of 
221.33 	the court in which the juvenile or criminal proceedings are pending.

222.1 	Sec. 42. Minnesota Statutes 2018, section 253B.07, subdivision 3, is amended to read:
222.2 		Subd. 3.Court-appointed examiners. After a petition has been filed, the court shall 
222.3 	appoint an a court examiner. Prior to the hearing, the court shall inform the proposed patient 
222.4 	of the right to an independent second examination. At the proposed patient's request, the 
222.5 	court shall appoint a second court examiner of the patient's choosing to be paid for by the 
222.6 	county at a rate of compensation fixed by the court.

222.7 	Sec. 43. Minnesota Statutes 2018, section 253B.07, subdivision 5, is amended to read:
222.8 		Subd. 5.Prehearing examination; report. The examination shall be held at a treatment 
222.9 	facility or other suitable place the court determines is not likely to harm the health of the 
222.10 	proposed patient. The county attorney and the patient's attorney may be present during the 
222.11 	examination. Either party may waive this right. Unless otherwise agreed by the parties, a 
222.12 	court-appointed court examiner shall file the report with the court not less than 48 hours 
222.13 	prior to the commitment hearing. The court shall ensure that copies of the court examiner's 
222.14 	report are provided to the county attorney, the proposed patient, and the patient's counsel.

222.15 	Sec. 44. Minnesota Statutes 2018, section 253B.07, subdivision 7, is amended to read:
222.16 		Subd. 7.Preliminary hearing. (a) No proposed patient may be held in a treatment 
222.17 	facility or state-operated treatment program under a judicial hold pursuant to subdivision 
222.18 	2b longer than 72 hours, exclusive of Saturdays, Sundays, and legal holidays, unless the 
222.19 	court holds a preliminary hearing and determines that the standard is met to hold the person
222.20 	proposed patient.
222.21 	(b) The proposed patient, patient's counsel, the petitioner, the county attorney, and any 
222.22 	other persons as the court directs shall be given at least 24 hours written notice of the 
222.23 	preliminary hearing. The notice shall include the alleged grounds for confinement. The 
222.24 	proposed patient shall be represented at the preliminary hearing by counsel. The court may 
222.25 	admit reliable hearsay evidence, including written reports, for the purpose of the preliminary 
222.26 	hearing.
222.27 	(c) The court, on its motion or on the motion of any party, may exclude or excuse a 
222.28 	proposed patient who is seriously disruptive or who is incapable of comprehending and 
222.29 	participating in the proceedings. In such instances, the court shall, with specificity on the 
222.30 	record, state the behavior of the proposed patient or other circumstances which justify 
222.31 	proceeding in the absence of the proposed patient.
223.1 	(d) The court may continue the judicial hold of the proposed patient if it finds, by a 
223.2 	preponderance of the evidence, that serious physical harm to the proposed patient or others 
223.3 	is likely if the proposed patient is not immediately confined. If a proposed patient was 
223.4 	acquitted of a crime against the person under section 611.026 immediately preceding the 
223.5 	filing of the petition, the court may presume that serious physical harm to the patient or 
223.6 	others is likely if the proposed patient is not immediately confined.
223.7 	(e) Upon a showing that a person proposed patient subject to a petition for commitment 
223.8 	may need treatment with neuroleptic medications and that the person proposed patient may 
223.9 	lack capacity to make decisions regarding that treatment, the court may appoint a substitute 
223.10 	decision-maker as provided in section 253B.092, subdivision 6. The substitute decision-maker 
223.11 	shall meet with the proposed patient and provider and make a report to the court at the 
223.12 	hearing under section 253B.08 regarding whether the administration of neuroleptic 
223.13 	medications is appropriate under the criteria of section 253B.092, subdivision 7. If the 
223.14 	substitute decision-maker consents to treatment with neuroleptic medications and the 
223.15 	proposed patient does not refuse the medication, neuroleptic medication may be administered 
223.16 	to the proposed patient. If the substitute decision-maker does not consent or the proposed 
223.17 	patient refuses, neuroleptic medication may not be administered without a court order, or 
223.18 	in an emergency as set forth in section 253B.092, subdivision 3.

223.19 	Sec. 45. Minnesota Statutes 2018, section 253B.08, subdivision 1, is amended to read:
223.20 		Subdivision 1.Time for commitment hearing. (a) The hearing on the commitment 
223.21 	petition shall be held within 14 days from the date of the filing of the petition, except that 
223.22 	the hearing on a commitment petition pursuant to section 253D.07 shall be held within 90 
223.23 	days from the date of the filing of the petition. For good cause shown, the court may extend 
223.24 	the time of hearing up to an additional 30 days. The proceeding shall be dismissed if the 
223.25 	proposed patient has not had a hearing on a commitment petition within the allowed time.
223.26 	(b) The proposed patient, or the head of the treatment facility or state-operated treatment 
223.27 	program in which the person patient is held, may demand in writing at any time that the 
223.28 	hearing be held immediately. Unless the hearing is held within five days of the date of the 
223.29 	demand, exclusive of Saturdays, Sundays, and legal holidays, the petition shall be 
223.30 	automatically dismissed if the patient is being held in a treatment facility or state-operated 
223.31 	treatment program pursuant to court order. For good cause shown, the court may extend 
223.32 	the time of hearing on the demand for an additional ten days. This paragraph does not apply 
223.33 	to a commitment petition brought under section 253B.18 or chapter 253D.

224.1 	Sec. 46. Minnesota Statutes 2018, section 253B.08, subdivision 2a, is amended to read:
224.2 		Subd. 2a.Place of hearing. The hearing shall be conducted in a manner consistent with 
224.3 	orderly procedure. The hearing shall be held at a courtroom meeting standards prescribed 
224.4 	by local court rule which may be at a treatment facility or state-operated treatment program. 
224.5 	The hearing may be conducted by interactive video conference under General Rules of 
224.6 	Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.

224.7 	Sec. 47. Minnesota Statutes 2018, section 253B.08, subdivision 5, is amended to read:
224.8 		Subd. 5.Absence permitted. (a) The court may permit the proposed patient to waive 
224.9 	the right to attend the hearing if it determines that the waiver is freely given. At the time of 
224.10 	the hearing, the proposed patient shall not be so under the influence of drugs, medication, 
224.11 	or other treatment so as to be hampered in participating in the proceedings. When the licensed 
224.12 	physician or licensed psychologist attending the patient professional responsible for the 
224.13 	proposed patient's treatment is of the opinion that the discontinuance of drugs, medication,
224.14 	or other treatment is not in the best interest of the proposed patient, the court, at the time of 
224.15 	the hearing, shall be presented a record of all drugs, medication or other treatment which 
224.16 	the proposed patient has received during the 48 hours immediately prior to the hearing.
224.17 	(b) The court, on its own motion or on the motion of any party, may exclude or excuse 
224.18 	a proposed patient who is seriously disruptive or who is incapable of comprehending and 
224.19 	participating in the proceedings. In such instances, the court shall, with specificity on the 
224.20 	record, state the behavior of the proposed patient or other circumstances justifying proceeding 
224.21 	in the absence of the proposed patient.

224.22 	Sec. 48. Minnesota Statutes 2018, section 253B.08, subdivision 5a, is amended to read:
224.23 		Subd. 5a.Witnesses. The proposed patient or the patient's counsel and the county attorney 
224.24 	may present and cross-examine witnesses, including court examiners, at the hearing. The 
224.25 	court may in its discretion receive the testimony of any other person. Opinions of 
224.26 	court-appointed court examiners may not be admitted into evidence unless the court examiner 
224.27 	is present to testify, except by agreement of the parties.

224.28 	Sec. 49. Minnesota Statutes 2018, section 253B.09, subdivision 1, is amended to read:
224.29 		Subdivision 1.Standard of proof. (a) If the court finds by clear and convincing evidence 
224.30 	that the proposed patient is a person who is mentally ill, developmentally disabled, or 
224.31 	chemically dependent who poses a risk of harm due to mental illness, or is a person who 
224.32 	has a developmental disability or chemical dependency, and after careful consideration of 
225.1 	reasonable alternative dispositions, including but not limited to, dismissal of petition,;
225.2 	voluntary outpatient care,; voluntary admission to a treatment facility, state-operated 
225.3 	treatment program, or community-based treatment program; appointment of a guardian or 
225.4 	conservator,; or release before commitment as provided for in subdivision 4, it finds that 
225.5 	there is no suitable alternative to judicial commitment, the court shall commit the patient 
225.6 	to the least restrictive treatment program or alternative programs which can meet the patient's 
225.7 	treatment needs consistent with section 253B.03, subdivision 7.
225.8 	(b) In deciding on the least restrictive program, the court shall consider a range of 
225.9 	treatment alternatives including, but not limited to, community-based nonresidential 
225.10 	treatment, community residential treatment, partial hospitalization, acute care hospital, 
225.11 	assertive community treatment teams, and regional state-operated  treatment center services
225.12 	programs. The court shall also consider the proposed patient's treatment preferences and 
225.13 	willingness to participate voluntarily in the treatment ordered. The court may not commit 
225.14 	a patient to a facility or program that is not capable of meeting the patient's needs.
225.15 	(c) If, after careful consideration of reasonable alternative dispositions, the court finds 
225.16 	no suitable alternative to judicial commitment and the court finds that the least restrictive 
225.17 	alternative as determined in paragraph (a) is a treatment facility or community-based 
225.18 	treatment program that is less restrictive or more community based than a state-operated 
225.19 	treatment program, and there is a treatment facility or a community-based treatment program 
225.20 	willing to accept the civilly committed patient, the court may commit the patient to both 
225.21 	the treatment facility or community-based treatment program and to the commissioner, in 
225.22 	the event that treatment in a state-operated treatment program becomes the least restrictive 
225.23 	alternative. If there is a change in the patient's level of care, then:
225.24 	(1) if the patient needs a higher level of care requiring admission to a state-operated 
225.25 	treatment program, custody of the patient and authority and responsibility for the commitment 
225.26 	may be transferred to the commissioner for as long as the patient needs a higher level of 
225.27 	care; and
225.28 	(2) when the patient no longer needs treatment in a state-operated treatment program, 
225.29 	the program may provisionally discharge the patient to an appropriate placement or release 
225.30 	the patient to the treatment facility or community-based treatment program if the program 
225.31 	continues to be willing and able to readmit the patient, in which case the commitment, its 
225.32 	authority, and responsibilities revert to the non-state-operated treatment program. Both 
225.33 	agencies accepting commitment shall coordinate admission and discharge planning to 
225.34 	facilitate timely access to the other's services to meet the patient's needs and shall coordinate 
225.35 	treatment planning consistent with section 253B.03, subdivision 7.
226.1 	(c) (d) If the commitment as mentally ill, chemically dependent, or developmentally 
226.2 	disabled is to a service facility provided by the commissioner of human services a person 
226.3 	is committed to a state-operated treatment program as a person who poses a risk of harm 
226.4 	due to mental illness or as a person who has a developmental disability or chemical 
226.5 	dependency, the court shall order the commitment to the commissioner. The commissioner 
226.6 	shall designate the placement of the person to the court.
226.7 	(d) (e) If the court finds a proposed patient to be a person who is mentally ill poses a 
226.8 	risk of harm due to mental illness under section 253B.02, subdivision 13, paragraph (a),
226.9 	clause (2) or (4), the court shall commit the patient to a treatment facility or community-based 
226.10 	treatment program that meets the proposed patient's needs. For purposes of this paragraph, 
226.11 	a community-based program may include inpatient mental health services at a community 
226.12 	hospital.

226.13 	Sec. 50. Minnesota Statutes 2018, section 253B.09, subdivision 2, is amended to read:
226.14 		Subd. 2.Findings. (a) The court shall find the facts specifically, and separately state its 
226.15 	conclusions of law. Where commitment is ordered, the findings of fact and conclusions of 
226.16 	law shall specifically state the proposed patient's conduct which is a basis for determining 
226.17 	that each of the requisites for commitment is met.
226.18 	(b) If commitment is ordered, the findings shall also identify less restrictive alternatives 
226.19 	considered and rejected by the court and the reasons for rejecting each alternative.
226.20 	(c) If the proceedings are dismissed, the court may direct that the person be transported 
226.21 	back to a suitable location including to the person's home.

226.22 	Sec. 51. Minnesota Statutes 2018, section 253B.09, subdivision 3a, is amended to read:
226.23 		Subd. 3a.Reporting judicial commitments; private treatment program or 
226.24 	facility. Notwithstanding section 253B.23, subdivision 9, when a court commits a patient 
226.25 	to a non-state-operated treatment facility or program or facility other than a state-operated 
226.26 	program or facility, the court shall report the commitment to the commissioner through the 
226.27 	supreme court information system for purposes of providing commitment information for 
226.28 	firearm background checks under section 245.041. If the patient is committed to a 
226.29 	state-operated treatment program, the court shall send a copy of the commitment order to 
226.30 	the commissioner.

227.1 	Sec. 52. Minnesota Statutes 2018, section 253B.09, subdivision 5, is amended to read:
227.2 		Subd. 5.Initial commitment period. The initial commitment begins on the date that 
227.3 	the court issues its order or warrant under section 253B.10, subdivision 1. For persons a 
227.4 	person committed as mentally ill, developmentally disabled, a person who poses a risk of 
227.5 	harm due to mental illness, a developmental disability, or chemically dependentchemical 
227.6 	dependency, the initial commitment shall not exceed six months.

227.7 	Sec. 53. Minnesota Statutes 2018, section 253B.092, is amended to read:
227.8 	253B.092 ADMINISTRATION OF NEUROLEPTIC MEDICATION.
227.9 		Subdivision 1.General. Neuroleptic medications may be administered, only as provided 
227.10 	in this section, to patients subject to early intervention or civil commitment as mentally ill, 
227.11 	mentally ill and dangerous, a sexually dangerous person, or a person with a sexual 
227.12 	psychopathic personality under this chapter or chapter 253D. For purposes of this section, 
227.13 	"patient" includes a proposed patient who is the subject of a petition for early intervention 
227.14 	or commitment and a committed person as defined in section 253D.02, subdivision 4.
227.15 		Subd. 2.Administration without judicial review. (a) Neuroleptic medications may be 
227.16 	administered without judicial review in the following circumstances:
227.17 	(1) the patient has the capacity to make an informed decision under subdivision 4;
227.18 	(2) the patient does not have the present capacity to consent to the administration of 
227.19 	neuroleptic medication, but prepared a health care power of attorney, a health care directive 
227.20 	under chapter 145C, or a declaration under section 253B.03, subdivision 6d, requesting 
227.21 	treatment or authorizing an agent or proxy to request treatment, and the agent or proxy has 
227.22 	requested the treatment;
227.23 	(3) the patient has been prescribed neuroleptic medication prior to admission to a 
227.24 	treatment facility, but lacks the present capacity to consent to the administration of that 
227.25 	neuroleptic medication; continued administration of the medication is in the patient's best 
227.26 	interest; and the patient does not refuse administration of the medication. In this situation, 
227.27 	the previously prescribed neuroleptic medication may be continued for up to 14 days while 
227.28 	the treating physician medical practitioner:
227.29 	(i) is obtaining a substitute decision-maker appointed by the court under subdivision 6; 
227.30 	or
227.31 	(ii) is requesting a court order authorizing administering neuroleptic medication or an 
227.32 	amendment to a current court order authorizing administration of neuroleptic medication;
228.1 	(4) a substitute decision-maker appointed by the court consents to the administration of 
228.2 	the neuroleptic medication and the patient does not refuse administration of the medication; 
228.3 	or
228.4 	(5) the substitute decision-maker does not consent or the patient is refusing medication, 
228.5 	and the patient is in an emergency situation.
228.6 	(b) For the purposes of paragraph (a), clause (3), if a person requests a substitute 
228.7 	decision-maker or requests a court order administering neuroleptic medication within 14 
228.8 	days, the treating medical practitioner may continue administering the medication to the 
228.9 	patient through the hearing date or until the court otherwise issues an order.
228.10 		Subd. 3.Emergency administration. A treating physician medical practitioner may 
228.11 	administer neuroleptic medication to a patient who does not have capacity to make a decision 
228.12 	regarding administration of the medication if the patient is in an emergency situation. 
228.13 	Medication may be administered for so long as the emergency continues to exist, up to 14 
228.14 	days, if the treating physician medical practitioner determines that the medication is necessary 
228.15 	to prevent serious, immediate physical harm to the patient or to others. If a request for 
228.16 	authorization to administer medication is made to the court within the 14 days, the treating 
228.17 	physician medical practitioner may continue the medication through the date of the first 
228.18 	court hearing, if the emergency continues to exist. If the request for authorization to 
228.19 	administer medication is made to the court in conjunction with a petition for commitment 
228.20 	or early intervention and the court makes a determination at the preliminary hearing under 
228.21 	section 253B.07, subdivision 7, that there is sufficient cause to continue the physician's
228.22 	medical practitioner's order until the hearing under section 253B.08, the treating physician
228.23 	medical practitioner may continue the medication until that hearing, if the emergency 
228.24 	continues to exist. The treatment facility, state-operated treatment program, or 
228.25 	community-based treatment program shall document the emergency in the patient's medical 
228.26 	record in specific behavioral terms.
228.27 		Subd. 4.Patients with capacity to make informed decision. A patient who has the 
228.28 	capacity to make an informed decision regarding the administration of neuroleptic medication 
228.29 	may consent or refuse consent to administration of the medication. The informed consent 
228.30 	of a patient must be in writing.
228.31 		Subd. 5.Determination of capacity. (a) There is a rebuttable presumption that a patient 
228.32 	is presumed to have has the capacity to make decisions regarding administration of 
228.33 	neuroleptic medication.
229.1 	(b) In determining A person's patient has the capacity to make decisions regarding the 
229.2 	administration of neuroleptic medication, the court shall consider if the patient:
229.3 	(1) whether the person demonstrates has an awareness of the nature of the person's 
229.4 	patient's situation, including the reasons for hospitalization, and the possible consequences 
229.5 	of refusing treatment with neuroleptic medications;
229.6 	(2) whether the person demonstrateshas an understanding of treatment with neuroleptic 
229.7 	medications and the risks, benefits, and alternatives; and
229.8 	(3) whether the person communicates verbally or nonverbally a clear choice regarding 
229.9 	treatment with neuroleptic medications that is a reasoned one not based on delusion a 
229.10 	symptom of the patient's mental illness, even though it may not be in the person'spatient's 
229.11 	best interests.
229.12 	(c) Disagreement with the physician's medical practitioner's recommendation alone is 
229.13 	not evidence of an unreasonable decision.
229.14 		Subd. 6.Patients without capacity to make informed decision; substitute 
229.15 	decision-maker. (a) Upon request of any person, and upon a showing that administration 
229.16 	of neuroleptic medications may be recommended and that the person patient may lack 
229.17 	capacity to make decisions regarding the administration of neuroleptic medication, the court 
229.18 	shall appoint a substitute decision-maker with authority to consent to the administration of 
229.19 	neuroleptic medication as provided in this section. A hearing is not required for an 
229.20 	appointment under this paragraph. The substitute decision-maker must be an individual or 
229.21 	a community or institutional multidisciplinary panel designated by the local mental health 
229.22 	authority. In appointing a substitute decision-maker, the court shall give preference to a 
229.23 	guardian or conservator, proxy, or health care agent with authority to make health care 
229.24 	decisions for the patient. The court may provide for the payment of a reasonable fee to the 
229.25 	substitute decision-maker for services under this section or may appoint a volunteer.
229.26 	(b) If the person's treating physician patient's treating medical practitioner recommends 
229.27 	treatment with neuroleptic medication, the substitute decision-maker may give or withhold 
229.28 	consent to the administration of the medication, based on the standards under subdivision 
229.29 	7. If the substitute decision-maker gives informed consent to the treatment and the person
229.30 	patient does not refuse, the substitute decision-maker shall provide written consent to the 
229.31 	treating physician medical practitioner and the medication may be administered. The 
229.32 	substitute decision-maker shall also notify the court that consent has been given. If the 
229.33 	substitute decision-maker refuses or withdraws consent or the person patient refuses the 
230.1 	medication, neuroleptic medication may must not be administered to the person without
230.2 	patient except with a court order or in an emergency.
230.3 	(c) A substitute decision-maker appointed under this section has access to the relevant 
230.4 	sections of the patient's health records on the past or present administration of medication. 
230.5 	The designated agency or a person involved in the patient's physical or mental health care 
230.6 	may disclose information to the substitute decision-maker for the sole purpose of performing 
230.7 	the responsibilities under this section. The substitute decision-maker may not disclose health 
230.8 	records obtained under this paragraph except to the extent necessary to carry out the duties 
230.9 	under this section.
230.10 	(d) At a hearing under section 253B.08, the petitioner has the burden of proving incapacity 
230.11 	by a preponderance of the evidence. If a substitute decision-maker has been appointed by 
230.12 	the court, the court shall make findings regarding the patient's capacity to make decisions 
230.13 	regarding the administration of neuroleptic medications and affirm or reverse its appointment 
230.14 	of a substitute decision-maker. If the court affirms the appointment of the substitute 
230.15 	decision-maker, and if the substitute decision-maker has consented to the administration of 
230.16 	the medication and the patient has not refused, the court shall make findings that the substitute 
230.17 	decision-maker has consented and the treatment is authorized. If a substitute decision-maker 
230.18 	has not yet been appointed, upon request the court shall make findings regarding the patient's 
230.19 	capacity and appoint a substitute decision-maker if appropriate.
230.20 	(e) If an order for civil commitment or early intervention did not provide for the 
230.21 	appointment of a substitute decision-maker or for the administration of neuroleptic 
230.22 	medication, the a treatment facility, state-operated treatment program, or community-based 
230.23 	treatment program may later request the appointment of a substitute decision-maker upon 
230.24 	a showing that administration of neuroleptic medications is recommended and that the 
230.25 	person patient lacks capacity to make decisions regarding the administration of neuroleptic 
230.26 	medications. A hearing is not required in order to administer the neuroleptic medication 
230.27 	unless requested under subdivision 10 or if the substitute decision-maker withholds or 
230.28 	refuses consent or the person patient refuses the medication.
230.29 	(f) The substitute decision-maker's authority to consent to treatment lasts for the duration 
230.30 	of the court's order of appointment or until modified by the court.
230.31 	If the substitute decision-maker withdraws consent or the patient refuses consent, 
230.32 	neuroleptic medication may not be administered without a court order.
230.33 	(g) If there is no hearing after the preliminary hearing, then the court shall, upon the 
230.34 	request of any interested party, review the reasonableness of the substitute decision-maker's 
231.1 	decision based on the standards under subdivision 7. The court shall enter an order upholding 
231.2 	or reversing the decision within seven days.
231.3 		Subd. 7.When person patient lacks capacity to make decisions about medication. (a) 
231.4 	When a person patient lacks capacity to make decisions regarding the administration of 
231.5 	neuroleptic medication, the substitute decision-maker or the court shall use the standards 
231.6 	in this subdivision in making a decision regarding administration of the medication.
231.7 	(b) If the person patient clearly stated what the person patient would choose to do in this 
231.8 	situation when the person patient had the capacity to make a reasoned decision, the person's
231.9 	patient's wishes must be followed. Evidence of the person's patient's wishes may include 
231.10 	written instruments, including a durable power of attorney for health care under chapter 
231.11 	145C or a declaration under section 253B.03, subdivision 6d.
231.12 	(c) If evidence of the person's patient's wishes regarding the administration of neuroleptic 
231.13 	medications is conflicting or lacking, the decision must be based on what a reasonable 
231.14 	person would do, taking into consideration:
231.15 	(1) the person's patient's family, community, moral, religious, and social values;
231.16 	(2) the medical risks, benefits, and alternatives to the proposed treatment;
231.17 	(3) past efficacy and any extenuating circumstances of past use of neuroleptic 
231.18 	medications; and
231.19 	(4) any other relevant factors.
231.20 		Subd. 8.Procedure when patient refuses neuroleptic medication. (a) If the substitute 
231.21 	decision-maker or the patient refuses to consent to treatment with neuroleptic medications, 
231.22 	and absent an emergency as set forth in subdivision 3, neuroleptic medications may not be 
231.23 	administered without a court order. Upon receiving a written request for a hearing, the court 
231.24 	shall schedule the hearing within 14 days of the request. The matter may be heard as part 
231.25 	of any other district court proceeding under this chapter. By agreement of the parties or for 
231.26 	good cause shown, the court may extend the time of hearing an additional 30 days.
231.27 	(b) The patient must be examined by a court examiner prior to the hearing. If the patient 
231.28 	refuses to participate in an examination, the court examiner may rely on the patient's medical 
231.29 	records to reach an opinion as to the appropriateness of neuroleptic medication. The patient 
231.30 	is entitled to counsel and a second court examiner, if requested by the patient or patient's 
231.31 	counsel.
231.32 	(c) The court may base its decision on relevant and admissible evidence, including the 
231.33 	testimony of a treating physician medical practitioner or other qualified physician, a member 
232.1 	of the patient's treatment team, a court-appointed court examiner, witness testimony, or the 
232.2 	patient's medical records.
232.3 	(d) If the court finds that the patient has the capacity to decide whether to take neuroleptic 
232.4 	medication or that the patient lacks capacity to decide and the standards for making a decision 
232.5 	to administer the medications under subdivision 7 are not met, the treating treatment facility, 
232.6 	state-operated treatment program, or community-based treatment program may not administer 
232.7 	medication without the patient's informed written consent or without the declaration of an 
232.8 	emergency, or until further review by the court.
232.9 	(e) If the court finds that the patient lacks capacity to decide whether to take neuroleptic 
232.10 	medication and has applied the standards set forth in subdivision 7, the court may authorize 
232.11 	the treating treatment facility, state-operated treatment program, or community-based 
232.12 	treatment program and any other community or treatment facility or program to which the 
232.13 	patient may be transferred or provisionally discharged, to involuntarily administer the 
232.14 	medication to the patient. A copy of the order must be given to the patient, the patient's 
232.15 	attorney, the county attorney, and the treatment facility, state-operated treatment program, 
232.16 	or community-based treatment program. The treatment facility, state-operated treatment 
232.17 	program, or community-based treatment program may not begin administration of the 
232.18 	neuroleptic medication until it notifies the patient of the court's order authorizing the 
232.19 	treatment.
232.20 	(f) A finding of lack of capacity under this section must not be construed to determine 
232.21 	the patient's competence for any other purpose.
232.22 	(g) The court may authorize the administration of neuroleptic medication until the 
232.23 	termination of a determinate commitment. If the patient is committed for an indeterminate 
232.24 	period, the court may authorize treatment of neuroleptic medication for not more than two 
232.25 	years, subject to the patient's right to petition the court for review of the order. The treatment 
232.26 	facility, state-operated treatment program, or community-based treatment program must 
232.27 	submit annual reports to the court, which shall provide copies to the patient and the respective 
232.28 	attorneys.
232.29 	(h) The court may limit the maximum dosage of neuroleptic medication that may be 
232.30 	administered.
232.31 	(i) If physical force is required to administer the neuroleptic medication, the facility or 
232.32 	program may only use injectable medications. If physical force is needed to administer the 
232.33 	medication, medication may only take place be administered in a treatment facility or 
232.34 	therapeutic setting where the person's condition can be reassessed and appropriate medical 
233.1 	staff personnel qualified to administer medication are available, including in the community, 
233.2 	a county jail, or a correctional facility. The facility or program may not use a nasogastric 
233.3 	tube to administer neuroleptic medication involuntarily.
233.4 		Subd. 9.Immunity. A substitute decision-maker who consents to treatment is not civilly 
233.5 	or criminally liable for the performance of or the manner of performing the treatment. A 
233.6 	person is not liable for performing treatment without consent if the substitute decision-maker 
233.7 	has given written consent. This provision does not affect any other liability that may result 
233.8 	from the manner in which the treatment is performed.
233.9 		Subd. 10.Review. A patient or other person may petition the court under section 253B.17
233.10 	for review of any determination under this section or for a decision regarding the 
233.11 	administration of neuroleptic medications, appointment of a substitute decision-maker, or 
233.12 	the patient's capacity to make decisions regarding administration of neuroleptic medications.

233.13 	Sec. 54. Minnesota Statutes 2018, section 253B.0921, is amended to read:
233.14 	253B.0921 ACCESS TO MEDICAL RECORDS.
233.15 	A treating physician medical practitioner who makes medical decisions regarding the 
233.16 	prescription and administration of medication for treatment of a mental illness has access 
233.17 	to the relevant sections of a patient's health records on past administration of medication at 
233.18 	any treatment facility, program, or treatment provider, if the patient lacks the capacity to 
233.19 	authorize the release of records. Upon request of a treating physician medical practitioner
233.20 	under this section, a treatment facility, program, or treatment provider shall supply complete 
233.21 	information relating to the past records on administration of medication of a patient subject 
233.22 	to this chapter. A patient who has the capacity to authorize the release of data retains the 
233.23 	right to make decisions regarding access to medical records as provided by sections 144.291
233.24 	to 144.298.

233.25 	Sec. 55. Minnesota Statutes 2018, section 253B.095, subdivision 3, is amended to read:
233.26 		Subd. 3.Duration. The maximum duration of a stayed order under this section is six 
233.27 	months. The court may continue the order for a maximum of an additional 12 months if, 
233.28 	after notice and hearing, under sections 253B.08 and 253B.09 the court finds that (1) the 
233.29 	person continues to be mentally ill, chemically dependent, or developmentally disabled,
233.30 	have a mental illness, developmental disability, or chemical dependency, and (2) an order 
233.31 	is needed to protect the patient or others because the person is likely to attempt to physically 
233.32 	harm self or others or fail to obtain necessary food, clothing, shelter, or medical care unless 
233.33 	the person is under the supervision of a stayed commitment.

234.1 	Sec. 56. Minnesota Statutes 2018, section 253B.097, subdivision 1, is amended to read:
234.2 		Subdivision 1.Findings. In addition to the findings required under section 253B.09, 
234.3 	subdivision 2, an order committing a person to a community-based treatment program must 
234.4 	include:
234.5 	(1) a written plan for services to the patient;
234.6 	(2) a finding that the proposed treatment is available and accessible to the patient and 
234.7 	that public or private financial resources are available to pay for the proposed treatment;
234.8 	(3) conditions the patient must meet in order to obtain an early release from commitment 
234.9 	or to avoid a hearing for further commitment; and
234.10 	(4) consequences of the patient's failure to follow the commitment order. Consequences 
234.11 	may include commitment to another setting for treatment.

234.12 	Sec. 57. Minnesota Statutes 2018, section 253B.097, subdivision 2, is amended to read:
234.13 		Subd. 2.Case manager. When a court commits a patient with mental illness to a 
234.14 	community-based treatment program, the court shall appoint a case manager from the county 
234.15 	agency or other entity under contract with the county agency to provide case management 
234.16 	services.

234.17 	Sec. 58. Minnesota Statutes 2018, section 253B.097, subdivision 3, is amended to read:
234.18 		Subd. 3.Reports. The case manager shall report to the court at least once every 90 days. 
234.19 	The case manager shall immediately report to the court a substantial failure of the patient 
234.20 	or provider to comply with the conditions of the commitment.

234.21 	Sec. 59. Minnesota Statutes 2018, section 253B.097, subdivision 6, is amended to read:
234.22 		Subd. 6.Immunity from liability. No treatment facility, community-based treatment 
234.23 	program, or person is financially liable, personally or otherwise, for the patient's actions of 
234.24 	the patient if the facility or person follows accepted community standards of professional 
234.25 	practice in the management, supervision, and treatment of the patient. For purposes of this 
234.26 	subdivision, "person" means official, staff, employee of the treatment facility, 
234.27 	community-based treatment program, physician, or other individual who is responsible for 
234.28 	the a patient's management, supervision, or treatment of a patient's community-based 
234.29 	treatment under this section.

235.1 	Sec. 60. Minnesota Statutes 2018, section 253B.10, is amended to read:
235.2 	253B.10 PROCEDURES UPON COMMITMENT.
235.3 		Subdivision 1.Administrative requirements. (a) When a person is committed, the 
235.4 	court shall issue a warrant or an order committing the patient to the custody of the head of 
235.5 	the treatment facility, state-operated treatment program, or community-based treatment 
235.6 	program. The warrant or order shall state that the patient meets the statutory criteria for 
235.7 	civil commitment.
235.8 	(b) The commissioner shall prioritize patients being admitted from jail or a correctional 
235.9 	institution who are:
235.10 	(1) ordered confined in a state hospital state-operated treatment program for an 
235.11 	examination under Minnesota Rules of Criminal Procedure, rules 20.01, subdivision 4, 
235.12 	paragraph (a), and 20.02, subdivision 2;
235.13 	(2) under civil commitment for competency treatment and continuing supervision under 
235.14 	Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7;
235.15 	(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal 
235.16 	Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be 
235.17 	detained in a state hospital or other facility state-operated treatment program pending 
235.18 	completion of the civil commitment proceedings; or
235.19 	(4) committed under this chapter to the commissioner after dismissal of the patient's 
235.20 	criminal charges.
235.21 	Patients described in this paragraph must be admitted to a service operated by the 
235.22 	commissioner state-operated treatment program within 48 hours. The commitment must be 
235.23 	ordered by the court as provided in section 253B.09, subdivision 1, paragraph (c) (d).
235.24 	(c) Upon the arrival of a patient at the designated treatment facility, state-operated 
235.25 	treatment program, or community-based treatment program, the head of the facility or 
235.26 	program shall retain the duplicate of the warrant and endorse receipt upon the original 
235.27 	warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must 
235.28 	be filed in the court of commitment. After arrival, the patient shall be under the control and 
235.29 	custody of the head of the treatment facility or program.
235.30 	(d) Copies of the petition for commitment, the court's findings of fact and conclusions 
235.31 	of law, the court order committing the patient, the report of the court examiners, and the 
235.32 	prepetition report, and any medical and behavioral information available shall be provided 
235.33 	at the time of admission of a patient to the designated treatment facility or program to which 
236.1 	the patient is committed. This information shall also be provided by the head of the treatment 
236.2 	facility to treatment facility staff in a consistent and timely manner and pursuant to all 
236.3 	applicable laws.Upon a patient's referral to the commissioner of human services for 
236.4 	admission pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility, 
236.5 	jail, or correctional facility that has provided care or supervision to the patient in the previous 
236.6 	two years shall, when requested by the treatment facility or commissioner, provide copies 
236.7 	of the patient's medical and behavioral records to the Department of Human Services for 
236.8 	purposes of preadmission planning. This information shall be provided by the head of the 
236.9 	treatment facility to treatment facility staff in a consistent and timely manner and pursuant 
236.10 	to all applicable laws.
236.11 		Subd. 2.Transportation. (a) When a patient is about to be placed in a treatment facility, 
236.12 	state-operated treatment program, or community-based treatment program, the court may 
236.13 	order the designated agency, the treatment facility, state-operated treatment program, or 
236.14 	community-based treatment program, or any responsible adult to transport the patient to 
236.15 	the treatment facility. A protected transport provider may transport the patient according to 
236.16 	section 256B.0625, subdivision 17. Whenever possible, a peace officer who provides the 
236.17 	transportation shall not be in uniform and shall not use a vehicle visibly marked as a police
236.18 	law enforcement vehicle. The proposed patient may be accompanied by one or more 
236.19 	interested persons.
236.20 	(b) When a patient who is at a regional state-operated treatment center program requests 
236.21 	a hearing for adjudication of a patient's status pursuant to section 253B.17, the commissioner 
236.22 	shall provide transportation.
236.23 		Subd. 3.Notice of admission. Whenever a committed person has been admitted to a 
236.24 	treatment facility, state-operated treatment program, or community-based treatment program
236.25 	under the provisions of section 253B.09 or 253B.18, the head of the treatment facility or 
236.26 	program shall immediately notify the patient's spouse, health care agent, or parent and the 
236.27 	county of financial responsibility if the county may be liable for a portion of the cost of 
236.28 	treatment. If the committed person was admitted upon the petition of a spouse, health care 
236.29 	agent, or parent, the head of the treatment facility, state-operated treatment program, or 
236.30 	community-based treatment program shall notify an interested person other than the 
236.31 	petitioner.
236.32 		Subd. 3a.Interim custody and treatment of committed person. When the patient is 
236.33 	present in a treatment facility or state-operated treatment program at the time of the court's 
236.34 	commitment order, unless the court orders otherwise, the commitment order constitutes 
237.1 	authority for that facility or program to confine and provide treatment to the patient until 
237.2 	the patient is transferred to the facility or program to which the patient has been committed.
237.3 		Subd. 4.Private treatment. Patients or other responsible persons are required to pay 
237.4 	the necessary charges for patients committed or transferred to private treatment facilities
237.5 	or community-based treatment programs. Private Treatment facilities or community-based 
237.6 	treatment programs may not refuse to accept a committed person solely based on the person's 
237.7 	court-ordered status. Insurers must provide treatment and services as ordered by the court 
237.8 	under section 253B.045, subdivision 6, or as required under chapter 62M.
237.9 		Subd. 5.Transfer to voluntary status. At any time prior to the expiration of the initial 
237.10 	commitment period, a patient who has not been committed as mentally ill a person who has 
237.11 	a mental illness and is dangerous to the public or as a sexually dangerous person or as a 
237.12 	sexual psychopathic personality may be transferred to voluntary status upon the patient's 
237.13 	application in writing with the consent of the head of the facility or program to which the 
237.14 	person is committed. Upon transfer, the head of the treatment facility, state-operated treatment 
237.15 	program, or community-based treatment program shall immediately notify the court in 
237.16 	writing and the court shall terminate the proceedings.

237.17 	Sec. 61. Minnesota Statutes 2018, section 253B.12, subdivision 1, is amended to read:
237.18 		Subdivision 1.Reports. (a) If a patient who was committed as a person who is mentally 
237.19 	ill, developmentally disabled, or chemically dependentwho poses a risk of harm due to a 
237.20 	mental illness, or as a person who has a developmental disability or chemical dependency, 
237.21 	is discharged from commitment within the first 60 days after the date of the initial 
237.22 	commitment order, the head of the treatment facility, state-operated treatment program, or 
237.23 	community-based treatment program shall file a written report with the committing court 
237.24 	describing the patient's need for further treatment. A copy of the report must be provided 
237.25 	to the county attorney, the patient, and the patient's counsel.
237.26 	(b) If a patient who was committed as a person who is mentally ill, developmentally 
237.27 	disabled, or chemically dependentwho poses a risk of harm due to a mental illness, or as a 
237.28 	person who has a developmental disability or chemical dependency, remains in treatment 
237.29 	more than 60 days after the date of the commitment, then at least 60 days, but not more than 
237.30 	90 days, after the date of the order, the head of the facility or program that has custody of 
237.31 	the patient shall file a written report with the committing court and provide a copy to the 
237.32 	county attorney, the patient, and the patient's counsel. The report must set forth in detailed 
237.33 	narrative form at least the following:
237.34 	(1) the diagnosis of the patient with the supporting data;
238.1 	(2) the anticipated discharge date;
238.2 	(3) an individualized treatment plan;
238.3 	(4) a detailed description of the discharge planning process with suggested after care 
238.4 	plan;
238.5 	(5) whether the patient is in need of further care and treatment, the treatment facility 
238.6 	which, state-operated treatment program, or community-based treatment program that is 
238.7 	needed, and evidence to support the response;
238.8 	(6) whether the patient satisfies the statutory requirement for continued commitment to 
238.9 	a treatment facility, with documentation to support the opinion; and
238.10 	(7) a statement from the patient related to accepting treatment, if possible; and
238.11 	(7) (8) whether the administration of neuroleptic medication is clinically indicated, 
238.12 	whether the patient is able to give informed consent to that medication, and the basis for 
238.13 	these opinions.
238.14 	(c) Prior to the termination of the initial commitment order or final discharge of the 
238.15 	patient, the head of the treatment facility or program that has custody or care of the patient 
238.16 	shall file a written report with the committing court with a copy to the county attorney, the 
238.17 	patient, and the patient's counsel that sets forth the information required in paragraph (b).
238.18 	(d) If the patient has been provisionally discharged from a treatment facility or program, 
238.19 	the report shall be filed by the designated agency, which may submit the discharge report 
238.20 	as part of its report.
238.21 	(e) If no written report is filed within the required time, or If a report describes the patient 
238.22 	as not in need of further institutional care and court-ordered treatment, the proceedings must 
238.23 	be terminated by the committing court and the patient discharged from the treatment facility, 
238.24 	state-operated treatment program, or community-based treatment program, unless the patient 
238.25 	chooses to voluntarily receive services.
238.26 	(f) If no written report is filed within the required time, the court must notify the county, 
238.27 	facility or program to which the person is committed, and designated agency and require a 
238.28 	report be filed within five business days. If a report is not filed within five business days a 
238.29 	hearing must be held within three business days.

238.30 	Sec. 62. Minnesota Statutes 2018, section 253B.12, subdivision 3, is amended to read:
238.31 		Subd. 3.Examination. Prior to the review hearing, the court shall inform the patient of 
238.32 	the right to an independent examination by an a court examiner chosen by the patient and 
239.1 	appointed in accordance with provisions of section 253B.07, subdivision 3. The report of 
239.2 	the court examiner may be submitted at the hearing.

239.3 	Sec. 63. Minnesota Statutes 2018, section 253B.12, subdivision 4, is amended to read:
239.4 		Subd. 4.Hearing; standard of proof. (a) The committing court shall not make a final 
239.5 	determination of the need to continue commitment unless the court finds by clear and 
239.6 	convincing evidence that (1) the person patient continues to be mentally ill, developmentally 
239.7 	disabled, or chemically dependent have a mental illness, developmental disability, or chemical 
239.8 	dependency; (2) involuntary commitment is necessary for the protection of the patient or 
239.9 	others; and (3) there is no alternative to involuntary commitment.
239.10 	(b) In determining whether a person patient continues to be mentally ill, chemically 
239.11 	dependent, or developmentally disabled, require commitment due to mental illness, 
239.12 	developmental disability, or chemical dependency, the court need not find that there has 
239.13 	been a recent attempt or threat to physically harm self or others, or a recent failure to provide 
239.14 	necessary personal food, clothing, shelter, or medical care. Instead, the court must find that 
239.15 	the patient is likely to attempt to physically harm self or others, or to fail to provide obtain
239.16 	necessary personal food, clothing, shelter, or medical care unless involuntary commitment 
239.17 	is continued.

239.18 	Sec. 64. Minnesota Statutes 2018, section 253B.12, subdivision 7, is amended to read:
239.19 		Subd. 7.Record required. Where continued commitment is ordered, the findings of 
239.20 	fact and conclusions of law shall specifically state the conduct of the proposed patient which 
239.21 	is the basis for the final determination, that the statutory criteria of commitment continue 
239.22 	to be met, and that less restrictive alternatives have been considered and rejected by the 
239.23 	court. Reasons for rejecting each alternative shall be stated. A copy of the final order for 
239.24 	continued commitment shall be forwarded to the head of the treatment facility or program 
239.25 	to which the person is committed and, if the patient has been provisionally discharged, to 
239.26 	the designated agency responsible for monitoring the provisional discharge.

239.27 	Sec. 65. Minnesota Statutes 2018, section 253B.13, subdivision 1, is amended to read:
239.28 		Subdivision 1.Mentally ill or chemically dependent Persons with mental illness or 
239.29 	chemical dependency. (a) If at the conclusion of a review hearing the court finds that the 
239.30 	person continues to be mentally ill or chemically dependent have mental illness or chemical 
239.31 	dependency and in need of treatment or supervision, the court shall determine the length of 
240.1 	continued commitment. No period of commitment shall exceed this length of time or 12 
240.2 	months, whichever is less.
240.3 	(b) At the conclusion of the prescribed period under paragraph (a), commitment may 
240.4 	not be continued unless a new petition is filed pursuant to section 253B.07 and hearing and 
240.5 	determination made on it. If the petition was filed before the end of the previous commitment 
240.6 	and, for good cause shown, the court has not completed the hearing and the determination 
240.7 	by the end of the commitment period, the court may for good cause extend the previous 
240.8 	commitment for up to 14 days to allow the completion of the hearing and the issuance of 
240.9 	the determination. The standard of proof for the new petition is the standard specified in 
240.10 	section 253B.12, subdivision 4. Notwithstanding the provisions of section 253B.09, 
240.11 	subdivision 5, the initial commitment period under the new petition shall be the probable 
240.12 	length of commitment necessary or 12 months, whichever is less. The standard of proof at 
240.13 	the hearing on the new petition shall be the standard specified in section 253B.12, subdivision 
240.14 	4.

240.15 	Sec. 66. Minnesota Statutes 2018, section 253B.14, is amended to read:
240.16 	253B.14 TRANSFER OF COMMITTED PERSONS.
240.17 	The commissioner may transfer any committed person, other than a person committed 
240.18 	as mentally ill and a person who has a mental illness and is dangerous to the public, or as
240.19 	a sexually dangerous person or as a sexual psychopathic personality, from one regional
240.20 	state-operated treatment center program to any other state-operated treatment facility under 
240.21 	the commissioner's jurisdiction which is program capable of providing proper care and 
240.22 	treatment. When a committed person is transferred from one state-operated treatment facility
240.23 	program to another, written notice shall be given to the committing court, the county attorney, 
240.24 	the patient's counsel, and to the person's parent, health care agent, or spouse or, if none is 
240.25 	known, to an interested person, and the designated agency.

240.26 	Sec. 67. Minnesota Statutes 2018, section 253B.141, is amended to read:
240.27 	253B.141 AUTHORITY TO DETAIN AND TRANSPORT A MISSING PATIENT.
240.28 		Subdivision 1.Report of absence. (a) If a patient committed under this chapter or 
240.29 	detained in a treatment facility or state-operated treatment program under a judicial hold is 
240.30 	absent without authorization, and either: (1) does not return voluntarily within 72 hours of 
240.31 	the time the unauthorized absence began; or (2) is considered by the head of the treatment
240.32 	facility or program to be a danger to self or others, then the head of the treatment facility
240.33 	or program shall report the absence to the local law enforcement agency. The head of the 
241.1 	treatment facility or program shall also notify the committing court that the patient is absent 
241.2 	and that the absence has been reported to the local law enforcement agency. The committing 
241.3 	court may issue an order directing the law enforcement agency to transport the patient to 
241.4 	an appropriate treatment facility, state-operated treatment program, or community-based 
241.5 	treatment program.
241.6 	(b) Upon receiving a report that a patient subject to this section is absent without 
241.7 	authorization, the local law enforcement agency shall enter information on the patient into 
241.8 	the missing persons file of the National Crime Information Center computer according to 
241.9 	the missing persons practices.
241.10 		Subd. 2.Apprehension; return to facility or program. (a) Upon receiving the report 
241.11 	of absence from the head of the treatment facility, state-operated treatment program, or 
241.12 	community-based treatment program or the committing court, a patient may be apprehended 
241.13 	and held by a peace officer in any jurisdiction pending return to the facility or program from 
241.14 	which the patient is absent without authorization. A patient may also be returned to any 
241.15 	facility operated by the commissioner state-operated treatment program or any other treatment 
241.16 	facility or community-based treatment program willing to accept the person. A person who 
241.17 	is mentally ill has a mental illness and is dangerous to the public and detained under this 
241.18 	subdivision may be held in a jail or lockup only if:
241.19 	(1) there is no other feasible place of detention for the patient;
241.20 	(2) the detention is for less than 24 hours; and
241.21 	(3) there are protections in place, including segregation of the patient, to ensure the 
241.22 	safety of the patient.
241.23 	(b) If a patient is detained under this subdivision, the head of the treatment facility or 
241.24 	program from which the patient is absent shall arrange to pick up the patient within 24 hours 
241.25 	of the time detention was begun and shall be responsible for securing transportation for the 
241.26 	patient to the facility or program. The expense of detaining and transporting a patient shall 
241.27 	be the responsibility of the treatment facility or program from which the patient is absent. 
241.28 	The expense of detaining and transporting a patient to a state-operated treatment facility 
241.29 	operated by the Department of Human Servicesprogram shall be paid by the commissioner 
241.30 	unless paid by the patient or persons on behalf of the patient.
241.31 		Subd. 3.Notice of apprehension. Immediately after an absent patient is located, the 
241.32 	head of the treatment facility or program from which the patient is absent, or the law 
241.33 	enforcement agency that located or returned the absent patient, shall notify the law 
241.34 	enforcement agency that first received the absent patient report under this section and that 
242.1 	agency shall cancel the missing persons entry from the National Crime Information Center 
242.2 	computer.

242.3 	Sec. 68. Minnesota Statutes 2018, section 253B.15, subdivision 1, is amended to read:
242.4 		Subdivision 1.Provisional discharge. (a) The head of the treatment facility, 
242.5 	state-operated treatment program, or community-based treatment program may provisionally 
242.6 	discharge any patient without discharging the commitment, unless the patient was found 
242.7 	by the committing court to be a person who is mentally ill and has a mental illness and is
242.8 	dangerous to the public, or a sexually dangerous person, or a sexual psychopathic personality.
242.9 	(b) When a patient committed to the commissioner becomes ready for provisional 
242.10 	discharge before being placed in a state-operated treatment program, the head of the treatment 
242.11 	facility or community-based treatment program where the patient is placed pending transfer 
242.12 	to the commissioner may provisionally discharge the patient pursuant to this subdivision.
242.13 	(c) Each patient released on provisional discharge shall have a written aftercare
242.14 	provisional discharge plan developed with input from the patient and the designated agency 
242.15 	which specifies the services and treatment to be provided as part of the aftercare provisional 
242.16 	discharge plan, the financial resources available to pay for the services specified, the expected 
242.17 	period of provisional discharge, the precise goals for the granting of a final discharge, and 
242.18 	conditions or restrictions on the patient during the period of the provisional discharge. The 
242.19 	aftercare provisional discharge plan shall be provided to the patient, the patient's attorney, 
242.20 	and the designated agency.
242.21 	(d) The aftercareprovisional discharge plan shall be reviewed on a quarterly basis by 
242.22 	the patient, designated agency and other appropriate persons. The aftercare provisional 
242.23 	discharge plan shall contain the grounds upon which a provisional discharge may be revoked. 
242.24 	The provisional discharge shall terminate on the date specified in the plan unless specific 
242.25 	action is taken to revoke or extend it.

242.26 	Sec. 69. Minnesota Statutes 2018, section 253B.15, subdivision 1a, is amended to read:
242.27 		Subd. 1a.Representative of designated agency. Before a provisional discharge is 
242.28 	granted, a representative of the designated agency must be identified to ensure continuity 
242.29 	of care by being involved with the treatment facility, state-operated treatment program, or 
242.30 	community-based treatment program and the patient prior to the provisional discharge. The 
242.31 	representative of the designated agency shall coordinate plans for and monitor the patient's 
242.32 	aftercare program. When the patient is on a provisional discharge, the representative of the 
243.1 	designated agency shall provide the treatment report to the court required under section 
243.2 	253B.12, subdivision 1.

243.3 	Sec. 70. Minnesota Statutes 2018, section 253B.15, subdivision 2, is amended to read:
243.4 		Subd. 2.Revocation of provisional discharge. (a) The designated agency may revoke
243.5 	initiate with the court a revocation of a provisional discharge if revocation is the least 
243.6 	restrictive alternative and either:
243.7 	(1) the patient has violated material conditions of the provisional discharge, and the 
243.8 	violation creates the need to return the patient to a more restrictive setting or more intensive 
243.9 	community services; or
243.10 	(2) there exists a serious likelihood that the safety of the patient or others will be 
243.11 	jeopardized, in that either the patient's need for food, clothing, shelter, or medical care are 
243.12 	not being met, or will not be met in the near future, or the patient has attempted or threatened 
243.13 	to seriously physically harm self or others; and.
243.14 	(3) revocation is the least restrictive alternative available.
243.15 	(b) Any interested person may request that the designated agency revoke the patient's 
243.16 	provisional discharge. Any person making a request shall provide the designated agency 
243.17 	with a written report setting forth the specific facts, including witnesses, dates and locations, 
243.18 	supporting a revocation, demonstrating that every effort has been made to avoid revocation 
243.19 	and that revocation is the least restrictive alternative available.

243.20 	Sec. 71. Minnesota Statutes 2018, section 253B.15, subdivision 3, is amended to read:
243.21 		Subd. 3.Procedure; notice. Revocation shall be commenced by the designated agency's 
243.22 	written notice of intent to revoke provisional discharge given or sent to the patient, the 
243.23 	patient's attorney, and the treatment facility or program from which the patient was 
243.24 	provisionally discharged, and the current community services provider. The notice shall set 
243.25 	forth the grounds upon which the intention to revoke is based, and shall inform the patient 
243.26 	of the rights of a patient under this chapter.

243.27 	Sec. 72. Minnesota Statutes 2018, section 253B.15, subdivision 3a, is amended to read:
243.28 		Subd. 3a.Report to the court. Within 48 hours, excluding weekends and legal holidays, 
243.29 	of giving notice to the patient, the designated agency shall file with the court a copy of the 
243.30 	notice and a report setting forth the specific facts, including witnesses, dates and locations, 
243.31 	which (1) support revocation, (2) demonstrate that revocation is the least restrictive alternative 
244.1 	available, and (3) show that specific efforts were made to avoid revocation. The designated 
244.2 	agency shall provide copies of the report to the patient, the patient's attorney, the county 
244.3 	attorney, and the treatment facility or program from which the patient was provisionally 
244.4 	discharged within 48 hours of giving notice to the patient under subdivision 3.

244.5 	Sec. 73. Minnesota Statutes 2018, section 253B.15, subdivision 3b, is amended to read:
244.6 		Subd. 3b.Review. The patient or patient's attorney may request judicial review of the 
244.7 	intended revocation by filing a petition for review and an affidavit with the committing 
244.8 	court. The affidavit shall state specific grounds for opposing the revocation. If the patient 
244.9 	does not file a petition for review within five days of receiving the notice under subdivision 
244.10 	3, revocation of the provisional discharge is final and the court, without hearing, may order 
244.11 	the patient into a treatment facility or program from which the patient was provisionally 
244.12 	discharged, another treatment facility, state-operated treatment program, or community-based 
244.13 	treatment program that consents to receive the patient, or more intensive community 
244.14 	treatment. If the patient files a petition for review, the court shall review the petition and 
244.15 	determine whether a genuine issue exists as to the propriety of the revocation. The burden 
244.16 	of proof is on the designated agency to show that no genuine issue exists as to the propriety 
244.17 	of the revocation. If the court finds that no genuine issue exists as to the propriety of the 
244.18 	revocation, the revocation of the provisional discharge is final.

244.19 	Sec. 74. Minnesota Statutes 2018, section 253B.15, subdivision 3c, is amended to read:
244.20 		Subd. 3c.Hearing. (a) If the court finds under subdivision 3b that a genuine issue exists 
244.21 	as to the propriety of the revocation, the court shall hold a hearing on the petition within 
244.22 	three days after the patient files the petition. The court may continue the review hearing for 
244.23 	an additional five days upon any party's showing of good cause. At the hearing, the burden 
244.24 	of proof is on the designated agency to show a factual basis for the revocation. At the 
244.25 	conclusion of the hearing, the court shall make specific findings of fact. The court shall 
244.26 	affirm the revocation if it finds:
244.27 	(1) a factual basis for revocation due to:
244.28 	(i) a violation of the material conditions of the provisional discharge that creates a need 
244.29 	for the patient to return to a more restrictive setting or more intensive community services; 
244.30 	or
244.31 	(ii) a probable danger of harm to the patient or others if the provisional discharge is not 
244.32 	revoked; and
245.1 	(2) that revocation is the least restrictive alternative available.
245.2 	(b) If the court does not affirm the revocation, the court shall order the patient returned 
245.3 	to provisional discharge status.

245.4 	Sec. 75. Minnesota Statutes 2018, section 253B.15, subdivision 5, is amended to read:
245.5 		Subd. 5.Return to facility. When the designated agency gives or sends notice of the 
245.6 	intent to revoke a patient's provisional discharge, it may also apply to the committing court 
245.7 	for an order directing that the patient be returned to a the facility or program from which 
245.8 	the patient was provisionally discharged or another treatment facility, state-operated treatment 
245.9 	program, or community-based treatment program that consents to receive the patient. The 
245.10 	court may order the patient returned to a facility or program prior to a review hearing only 
245.11 	upon finding that immediate return to a facility is necessary because there is a serious 
245.12 	likelihood that the safety of the patient or others will be jeopardized, in that (1) the patient's 
245.13 	need for food, clothing, shelter, or medical care is not being met, or will not be met in the 
245.14 	near future, or (2) the patient has attempted or threatened to seriously harm self or others. 
245.15 	If a voluntary return is not arranged, the head of the treatment facility, state-operated 
245.16 	treatment program, or community-based treatment program may request a health officer or 
245.17 	a peace officer to return the patient to the treatment facility or program from which the 
245.18 	patient was released or to any other treatment facility which, state-operated treatment 
245.19 	program, or community-based treatment program that consents to receive the patient. If 
245.20 	necessary, the head of the treatment facility, state-operated treatment program, or 
245.21 	community-based treatment program may request the committing court to direct a health 
245.22 	officer or peace officer in the county where the patient is located to return the patient to the 
245.23 	treatment facility or program or to another treatment facility which, state-operated treatment 
245.24 	program, or community-based treatment program that consents to receive the patient. The 
245.25 	expense of returning the patient to a regional state-operated treatment center program shall 
245.26 	be paid by the commissioner unless paid by the patient or the patient's relatives. If the court 
245.27 	orders the patient to return to the treatment facility or program, or if a health officer or peace 
245.28 	officer returns the patient to the treatment facility or program, and the patient wants judicial 
245.29 	review of the revocation, the patient or the patient's attorney must file the petition for review 
245.30 	and affidavit required under subdivision 3b within 14 days of receipt of the notice of the 
245.31 	intent to revoke.

246.1 	Sec. 76. Minnesota Statutes 2018, section 253B.15, subdivision 7, is amended to read:
246.2 		Subd. 7.Modification and extension of provisional discharge. (a) A provisional 
246.3 	discharge may be modified upon agreement of the parties.
246.4 	(b) A provisional discharge may be extended only in those circumstances where the 
246.5 	patient has not achieved the goals set forth in the provisional discharge plan or continues 
246.6 	to need the supervision or assistance provided by an extension of the provisional discharge. 
246.7 	In determining whether the provisional discharge is to be extended, the head of the facility
246.8 	designated agency shall consider the willingness and ability of the patient to voluntarily 
246.9 	obtain needed care and treatment.
246.10 	(c) The designated agency shall recommend extension of a provisional discharge only 
246.11 	after a preliminary conference with the patient and other appropriate persons. The patient 
246.12 	shall be given the opportunity to object or make suggestions for alternatives to extension.
246.13 	(d) (c)The designated agency must provide any recommendation for proposed extension 
246.14 	shall be made in writing to the head of the facility and to the patient and the patient's attorney 
246.15 	at least 30 days prior to the expiration of the provisional discharge unless the patient cannot 
246.16 	be located or is unavailable to receive the notice. The written recommendation submitted
246.17 	proposal for extension shall include: the specific grounds for recommending proposing the 
246.18 	extension, the date of the preliminary conference and results, the anniversary date of the 
246.19 	provisional discharge, the termination date of the provisional discharge, and the proposed 
246.20 	length of extension. If the grounds for recommending proposing the extension occur less 
246.21 	than 30 days before its expiration, the designated agency must submit the written 
246.22 	recommendation shall occurproposal for extension as soon as practicable.
246.23 	(e) The head of the facility (d) The designated agency shall extend a provisional discharge 
246.24 	only after providing the patient an opportunity for a meeting to object or make suggestions 
246.25 	for alternatives to an extension. The designated agency shall issue provide a written decision 
246.26 	to the patient and the patient's attorney regarding extension within five days after receiving 
246.27 	the recommendation from the designated agency the patient's input or after holding a meeting 
246.28 	with the patient or after the patient has declined to provide input or participate in the meeting. 
246.29 	The designated agency may seek input from the community-based treatment team or other 
246.30 	persons the patient chooses.

247.1 	Sec. 77. Minnesota Statutes 2018, section 253B.15, is amended by adding a subdivision 
247.2 	to read:
247.3 		Subd. 8a.Provisional discharge extension. If the provisional discharge extends until 
247.4 	the end of the period of commitment and, before the commitment expires, the court extends 
247.5 	the commitment under section 253B.12 or issues a new commitment order under section 
247.6 	253B.13, the provisional discharge shall continue for the duration of the new or extended 
247.7 	period of commitment ordered unless the commitment order provides otherwise or the 
247.8 	designated agency revokes the patient's provisional discharge pursuant to this section. To 
247.9 	continue the patient's provisional discharge under this subdivision, the designated agency 
247.10 	is not required to comply with the procedures in subdivision 7.

247.11 	Sec. 78. Minnesota Statutes 2018, section 253B.15, subdivision 9, is amended to read:
247.12 		Subd. 9.Expiration of provisional discharge. (a) Except as otherwise provided, a 
247.13 	provisional discharge is absolute when it expires. If, while on provisional discharge or 
247.14 	extended provisional discharge, a patient is discharged as provided in section 253B.16, the 
247.15 	discharge shall be absolute.
247.16 	(b) The designated agency shall give notice of the expiration of the provisional discharge 
247.17 	shall be given by the head of the treatment facility to the committing court; the petitioner, 
247.18 	if known; the patient's attorney; the county attorney in the county of commitment; the 
247.19 	commissioner; and the designated agency facility or program that provisionally discharged 
247.20 	the patient.

247.21 	Sec. 79. Minnesota Statutes 2018, section 253B.15, subdivision 10, is amended to read:
247.22 		Subd. 10.Voluntary return. (a) With the consent of the head of the treatment facility
247.23 	or state-operated treatment program, a patient may voluntarily return to inpatient status at 
247.24 	the treatment facility as follows:
247.25 	(1) as a voluntary patient, in which case the patient's commitment is discharged;
247.26 	(2) as a committed patient, in which case the patient's provisional discharge is voluntarily 
247.27 	revoked; or
247.28 	(3) on temporary return from provisional discharge, in which case both the commitment 
247.29 	and the provisional discharge remain in effect.
247.30 	(b) Prior to readmission, the patient shall be informed of status upon readmission.

248.1 	Sec. 80. Minnesota Statutes 2018, section 253B.16, is amended to read:
248.2 	253B.16 DISCHARGE OF COMMITTED PERSONS.
248.3 		Subdivision 1.Date. The head of a treatment facility, state-operated treatment program, 
248.4 	or community-based treatment program shall discharge any patient admitted as a person 
248.5 	who is mentally ill or chemically dependent, or a person with awho poses a risk of harm 
248.6 	due to mental illness, or a person who has a chemical dependency or a developmental 
248.7 	disability admitted under Minnesota Rules of Criminal Procedure, rules 20.01 and 20.02, 
248.8 	to the secure bed component of the Minnesota extended treatment options when the head 
248.9 	of the facility or program certifies that the person is no longer in need of care and treatment 
248.10 	under commitment or at the conclusion of any period of time specified in the commitment 
248.11 	order, whichever occurs first. The head of a treatment facility or program shall discharge 
248.12 	any person admitted as developmentally disabled, except those admitted under Minnesota 
248.13 	Rules of Criminal Procedure, rules 20.01 and 20.02, to the secure bed component of the 
248.14 	Minnesota extended treatment options, a person with a developmental disability when that 
248.15 	person's screening team has determined, under section 256B.092, subdivision 8, that the 
248.16 	person's needs can be met by services provided in the community and a plan has been 
248.17 	developed in consultation with the interdisciplinary team to place the person in the available 
248.18 	community services.
248.19 		Subd. 2.Notification of discharge. Prior to the discharge or provisional discharge of 
248.20 	any committed person patient, the head of the treatment facility, state-operated treatment 
248.21 	program, or community-based treatment program shall notify the designated agency and 
248.22 	the patient's spouse or health care agent, or if there is no spouse or health care agent, then 
248.23 	an adult child, or if there is none, the next of kin of the patient, of the proposed discharge. 
248.24 	The facility or program shall send the notice shall be sent to the last known address of the 
248.25 	person to be notified by certified mail with return receipt. The notice in writing and shall 
248.26 	include the following: (1) the proposed date of discharge or provisional discharge; (2) the 
248.27 	date, time and place of the meeting of the staff who have been treating the patient to discuss 
248.28 	discharge and discharge planning; (3) the fact that the patient will be present at the meeting; 
248.29 	and (4) the fact that the next of kin or health care agent may attend that staff meeting and 
248.30 	present any information relevant to the discharge of the patient. The notice shall be sent at 
248.31 	least one week prior to the date set for the meeting.

249.1 	Sec. 81. Minnesota Statutes 2018, section 253B.17, is amended to read:
249.2 	253B.17 RELEASE; JUDICIAL DETERMINATION.
249.3 		Subdivision 1.Petition. Any patient, except one committed as a sexually dangerous 
249.4 	person or a person with a sexual psychopathic personality or as a person who is mentally 
249.5 	ill andhas a mental illness and is dangerous to the public as provided in section 253B.18, 
249.6 	subdivision 3, or any interested person may petition the committing court or the court to 
249.7 	which venue has been transferred for an order that the patient is not in need of continued 
249.8 	care and treatment under commitment or for an order that an individual is no longer a person 
249.9 	who is mentally ill, developmentally disabled, or chemically dependent who poses a risk 
249.10 	of harm due to mental illness, or a person who has a developmental disability or chemical 
249.11 	dependency, or for any other relief. A patient committed as a person who is mentally ill or 
249.12 	mentally ill and who poses a risk of harm due to mental illness, a person who has a mental 
249.13 	illness and is dangerous or to the public, a sexually dangerous person, or a person with a 
249.14 	sexual psychopathic personality may petition the committing court or the court to which 
249.15 	venue has been transferred for a hearing concerning the administration of neuroleptic 
249.16 	medication.
249.17 		Subd. 2.Notice of hearing. Upon the filing of the petition, the court shall fix the time 
249.18 	and place for the hearing on it. Ten days' notice of the hearing shall be given to the county 
249.19 	attorney, the patient, patient's counsel, the person who filed the initial commitment petition, 
249.20 	the head of the treatment facility or program to which the person is committed, and other 
249.21 	persons as the court directs. Any person may oppose the petition.
249.22 		Subd. 3.Court examiners. The court shall appoint an a court examiner and, at the 
249.23 	patient's request, shall appoint a second court examiner of the patient's choosing to be paid 
249.24 	for by the county at a rate of compensation to be fixed by the court. Unless otherwise agreed 
249.25 	by the parties, the examinersa court examiner shall file a report with the court not less than 
249.26 	48 hours prior to the hearing under this section.
249.27 		Subd. 4.Evidence. The patient, patient's counsel, the petitioner, and the county attorney 
249.28 	shall be entitled to be present at the hearing and to present and cross-examine witnesses, 
249.29 	including court examiners. The court may hear any relevant testimony and evidence which 
249.30 	is offered at the hearing.
249.31 		Subd. 5.Order. Upon completion of the hearing, the court shall enter an order stating 
249.32 	its findings and decision and mail it the order to the head of the treatment facility, 
249.33 	state-operated treatment program, or community-based treatment program.

250.1 	Sec. 82. Minnesota Statutes 2018, section 253B.18, subdivision 1, is amended to read:
250.2 		Subdivision 1.Procedure. (a) Upon the filing of a petition alleging that a proposed 
250.3 	patient is a person who is mentally ill and has a mental illness and is dangerous to the public, 
250.4 	the court shall hear the petition as provided in sections 253B.07 and 253B.08. If the court 
250.5 	finds by clear and convincing evidence that the proposed patient is a person who is mentally 
250.6 	ill and has a mental illness and is dangerous to the public, it shall commit the person to a 
250.7 	secure treatment facility or to a treatment facility or state-operated treatment program willing 
250.8 	to accept the patient under commitment. The court shall commit the patient to a secure 
250.9 	treatment facility unless the patient establishes or others establish by clear and convincing 
250.10 	evidence that a less restrictive state-operated treatment program or treatment program facility
250.11 	is available that is consistent with the patient's treatment needs and the requirements of 
250.12 	public safety. In any case where the petition was filed immediately following the acquittal 
250.13 	of the proposed patient for a crime against the person pursuant to a verdict of not guilty by 
250.14 	reason of mental illness, the verdict constitutes evidence that the proposed patient is a person 
250.15 	who is mentally ill and has a mental illness and is dangerous to the public within the meaning 
250.16 	of this section. The proposed patient has the burden of going forward in the presentation of 
250.17 	evidence. The standard of proof remains as required by this chapter. Upon commitment, 
250.18 	admission procedures shall be carried out pursuant to section 253B.10.
250.19 	(b) Once a patient is admitted to a treatment facility or state-operated treatment program
250.20 	pursuant to a commitment under this subdivision, treatment must begin regardless of whether 
250.21 	a review hearing will be held under subdivision 2.

250.22 	Sec. 83. Minnesota Statutes 2018, section 253B.18, subdivision 2, is amended to read:
250.23 		Subd. 2.Review; hearing. (a) A written treatment report shall be filed by the treatment 
250.24 	facility or state-operated treatment program with the committing court within 60 days after 
250.25 	commitment. If the person is in the custody of the commissioner of corrections when the 
250.26 	initial commitment is ordered under subdivision 1, the written treatment report must be filed 
250.27 	within 60 days after the person is admitted to a secure the state-operated treatment program 
250.28 	or treatment facility. The court shall hold a hearing to make a final determination as to 
250.29 	whether the person patient should remain committed as a person who is mentally ill and
250.30 	has a mental illness and is dangerous to the public. The hearing shall be held within the 
250.31 	earlier of 14 days of the court's receipt of the written treatment report, or within 90 days of 
250.32 	the date of initial commitment or admission, unless otherwise agreed by the parties.
250.33 	(b) The court may, with agreement of the county attorney and the patient's attorney for 
250.34 	the patient:
251.1 	(1) waive the review hearing under this subdivision and immediately order an 
251.2 	indeterminate commitment under subdivision 3; or
251.3 	(2) continue the review hearing for up to one year.
251.4 	(c) If the court finds that the patient should be committed as a person who is mentally 
251.5 	ill who poses a risk of harm due to mental illness, but not as a person who is mentally ill 
251.6 	andhas a mental illness and is dangerous to the public, the court may commit the person
251.7 	patient as a person who is mentally ill who poses a risk of harm due to mental illness and 
251.8 	the person shall be deemed court shall deem the patient not to have been found to be 
251.9 	dangerous to the public for the purposes of subdivisions 4a to 15. Failure of the treatment 
251.10 	facility or state-operated treatment program to provide the required treatment report at the 
251.11 	end of the 60-day period shall not result in automatic discharge of the patient.

251.12 	Sec. 84. Minnesota Statutes 2018, section 253B.18, subdivision 3, is amended to read:
251.13 		Subd. 3.Indeterminate commitment. If the court finds at the final determination hearing 
251.14 	held pursuant to subdivision 2 that the patient continues to be a person who is mentally ill 
251.15 	andhas a mental illness and is dangerous to the public, then the court shall order commitment 
251.16 	of the proposed patient for an indeterminate period of time. After a final determination that 
251.17 	a patient is a person who is mentally ill and has a mental illness and is dangerous to the 
251.18 	public, the patient shall be transferred, provisionally discharged or discharged, only as 
251.19 	provided in this section.

251.20 	Sec. 85. Minnesota Statutes 2018, section 253B.18, subdivision 4a, is amended to read:
251.21 		Subd. 4a.Release on pass; notification. A patient who has been committed as a person 
251.22 	who is mentally ill and has a mental illness and is dangerous to the public and who is confined 
251.23 	at a secure treatment facility or has been transferred out of a state-operated services secure 
251.24 	treatment facility according to section 253B.18, subdivision 6, shall not be released on a 
251.25 	pass unless the pass is part of a pass plan that has been approved by the medical director of 
251.26 	the secure treatment facility. The pass plan must have a specific therapeutic purpose 
251.27 	consistent with the treatment plan, must be established for a specific period of time, and 
251.28 	must have specific levels of liberty delineated. The county case manager must be invited 
251.29 	to participate in the development of the pass plan. At least ten days prior to a determination 
251.30 	on the plan, the medical director shall notify the designated agency, the committing court, 
251.31 	the county attorney of the county of commitment, an interested person, the local law 
251.32 	enforcement agency where the facility is located, the county attorney and the local law 
251.33 	enforcement agency in the location where the pass is to occur, the petitioner, and the 
252.1 	petitioner's counsel of the plan, the nature of the passes proposed, and their right to object 
252.2 	to the plan. If any notified person objects prior to the proposed date of implementation, the 
252.3 	person shall have an opportunity to appear, personally or in writing, before the medical 
252.4 	director, within ten days of the objection, to present grounds for opposing the plan. The 
252.5 	pass plan shall not be implemented until the objecting person has been furnished that 
252.6 	opportunity. Nothing in this subdivision shall be construed to give a patient an affirmative 
252.7 	right to a pass plan.

252.8 	Sec. 86. Minnesota Statutes 2018, section 253B.18, subdivision 4b, is amended to read:
252.9 		Subd. 4b.Pass-eligible status; notification. (a) The following patients committed to a 
252.10 	secure treatment facility shall not be placed on pass-eligible status unless that status has 
252.11 	been approved by the medical director of the secure treatment facility:
252.12 	(a) (1) a patient who has been committed as a person who is mentally ill and has a mental 
252.13 	illness and is dangerous to the public and who:
252.14 	(1) (i) was found incompetent to proceed to trial for a felony or was found not guilty by 
252.15 	reason of mental illness of a felony immediately prior to the filing of the commitment 
252.16 	petition;
252.17 	(2) (ii) was convicted of a felony immediately prior to or during commitment as a person 
252.18 	who is mentally ill and has a mental illness and is dangerous to the public; or
252.19 	(3) (iii) is subject to a commitment to the commissioner of corrections; and
252.20 	(b) (2) a patient who has been committed as a psychopathic personality, a sexually 
252.21 	psychopathic personality, or a sexually dangerous person.
252.22 	(b) At least ten days prior to a determination on the status, the medical director shall 
252.23 	notify the committing court, the county attorney of the county of commitment, the designated 
252.24 	agency, an interested person, the petitioner, and the petitioner's counsel of the proposed 
252.25 	status, and their right to request review by the special review board. If within ten days of 
252.26 	receiving notice any notified person requests review by filing a notice of objection with the 
252.27 	commissioner and the head of the secure treatment facility, a hearing shall be held before 
252.28 	the special review board. The proposed status shall not be implemented unless it receives 
252.29 	a favorable recommendation by a majority of the board and approval by the commissioner. 
252.30 	The order of the commissioner is appealable as provided in section 253B.19.
252.31 	(c) Nothing in this subdivision shall be construed to give a patient an affirmative right 
252.32 	to seek pass-eligible status from the special review board.

253.1 	Sec. 87. Minnesota Statutes 2018, section 253B.18, subdivision 4c, is amended to read:
253.2 		Subd. 4c.Special review board. (a) The commissioner shall establish one or more 
253.3 	panels of a special review board. The board shall consist of three members experienced in 
253.4 	the field of mental illness. One member of each special review board panel shall be a 
253.5 	psychiatrist or a doctoral level psychologist with forensic experience and one member shall 
253.6 	be an attorney. No member shall be affiliated with the Department of Human Services. The 
253.7 	special review board shall meet at least every six months and at the call of the commissioner. 
253.8 	It shall hear and consider all petitions for a reduction in custody or to appeal a revocation 
253.9 	of provisional discharge. A "reduction in custody" means transfer from a secure treatment 
253.10 	facility, discharge, and provisional discharge. Patients may be transferred by the 
253.11 	commissioner between secure treatment facilities without a special review board hearing.
253.12 	Members of the special review board shall receive compensation and reimbursement 
253.13 	for expenses as established by the commissioner.
253.14 	(b) The special review board must review each denied petition under subdivision 5 for 
253.15 	barriers and obstacles preventing the patient from progressing in treatment. Based on the 
253.16 	cases before the board in the previous year, the special review board shall provide to the 
253.17 	commissioner an annual summation of the barriers to treatment progress, and 
253.18 	recommendations to achieve the common goal of making progress in treatment.
253.19 	(c) A petition filed by a person committed as mentally ill anda person who has a mental 
253.20 	illness and is dangerous to the public under this section must be heard as provided in 
253.21 	subdivision 5 and, as applicable, subdivision 13. A petition filed by a person committed as 
253.22 	a sexual psychopathic personality or as a sexually dangerous person under chapter 253D, 
253.23 	or committed as both mentally ill and a person who has a mental illness and is dangerous 
253.24 	to the public under this section and as a sexual psychopathic personality or as a sexually 
253.25 	dangerous person must be heard as provided in section 253D.27.

253.26 	Sec. 88. Minnesota Statutes 2018, section 253B.18, subdivision 5, is amended to read:
253.27 		Subd. 5.Petition; notice of hearing; attendance; order. (a) A petition for a reduction 
253.28 	in custody or revocation of provisional discharge shall be filed with the commissioner and 
253.29 	may be filed by the patient or by the head of the treatment facility or state-operated treatment 
253.30 	program to which the person was committed or has been transferred. A patient may not 
253.31 	petition the special review board for six months following commitment under subdivision 
253.32 	3 or following the final disposition of any previous petition and subsequent appeal by the 
253.33 	patient. The head of the state-operated treatment program or head of the treatment facility 
253.34 	must schedule a hearing before the special review board for any patient who has not appeared 
254.1 	before the special review board in the previous three years, and schedule a hearing at least 
254.2 	every three years thereafter. The medical director may petition at any time.
254.3 	(b) Fourteen days prior to the hearing, the committing court, the county attorney of the 
254.4 	county of commitment, the designated agency, interested person, the petitioner, and the 
254.5 	petitioner's counsel shall be given written notice by the commissioner of the time and place 
254.6 	of the hearing before the special review board. Only those entitled to statutory notice of the 
254.7 	hearing or those administratively required to attend may be present at the hearing. The 
254.8 	patient may designate interested persons to receive notice by providing the names and 
254.9 	addresses to the commissioner at least 21 days before the hearing. The board shall provide 
254.10 	the commissioner with written findings of fact and recommendations within 21 days of the 
254.11 	hearing. The commissioner shall issue an order no later than 14 days after receiving the 
254.12 	recommendation of the special review board. A copy of the order shall be mailed to every 
254.13 	person entitled to statutory notice of the hearing within five days after it the order is signed. 
254.14 	No order by the commissioner shall be effective sooner than 30 days after the order is signed, 
254.15 	unless the county attorney, the patient, and the commissioner agree that it may become 
254.16 	effective sooner.
254.17 	(c) The special review board shall hold a hearing on each petition prior to making its 
254.18 	recommendation to the commissioner. The special review board proceedings are not contested 
254.19 	cases as defined in chapter 14. Any person or agency receiving notice that submits 
254.20 	documentary evidence to the special review board prior to the hearing shall also provide 
254.21 	copies to the patient, the patient's counsel, the county attorney of the county of commitment, 
254.22 	the case manager, and the commissioner.
254.23 	(d) Prior to the final decision by the commissioner, the special review board may be 
254.24 	reconvened to consider events or circumstances that occurred subsequent to the hearing.
254.25 	(e) In making their recommendations and order, the special review board and 
254.26 	commissioner must consider any statements received from victims under subdivision 5a.

254.27 	Sec. 89. Minnesota Statutes 2018, section 253B.18, subdivision 5a, is amended to read:
254.28 		Subd. 5a.Victim notification of petition and release; right to submit statement. (a) 
254.29 	As used in this subdivision:
254.30 	(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes 
254.31 	criminal sexual conduct in the fifth degree and offenses within the definition of "crime 
254.32 	against the person" in section 253B.02, subdivision 4a, and also includes offenses listed in 
255.1 	section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually 
255.2 	motivated;
255.3 	(2) "victim" means a person who has incurred loss or harm as a result of a crime the 
255.4 	behavior for which forms the basis for a commitment under this section or chapter 253D; 
255.5 	and
255.6 	(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 
255.7 	5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal 
255.8 	Procedure, rule 20.02, that the elements of a crime have been proved, and findings in 
255.9 	commitment cases under this section or chapter 253D that an act or acts constituting a crime 
255.10 	occurred.
255.11 	(b) A county attorney who files a petition to commit a person under this section or chapter 
255.12 	253D shall make a reasonable effort to provide prompt notice of filing the petition to any 
255.13 	victim of a crime for which the person was convicted. In addition, the county attorney shall 
255.14 	make a reasonable effort to promptly notify the victim of the resolution of the petition.
255.15 	(c) Before provisionally discharging, discharging, granting pass-eligible status, approving 
255.16 	a pass plan, or otherwise permanently or temporarily releasing a person committed under 
255.17 	this section from a state-operated treatment program or treatment facility, the head of the 
255.18 	state-operated treatment program or head of the treatment facility shall make a reasonable 
255.19 	effort to notify any victim of a crime for which the person was convicted that the person 
255.20 	may be discharged or released and that the victim has a right to submit a written statement 
255.21 	regarding decisions of the medical director, special review board, or commissioner with 
255.22 	respect to the person. To the extent possible, the notice must be provided at least 14 days 
255.23 	before any special review board hearing or before a determination on a pass plan. 
255.24 	Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial 
255.25 	appeal panel with victim information in order to comply with the provisions of this section. 
255.26 	The judicial appeal panel shall ensure that the data on victims remains private as provided 
255.27 	for in section 611A.06, subdivision 4.
255.28 	(d) This subdivision applies only to victims who have requested notification through 
255.29 	the Department of Corrections electronic victim notification system, or by contacting, in 
255.30 	writing, the county attorney in the county where the conviction for the crime occurred. A 
255.31 	request for notice under this subdivision received by the commissioner of corrections through 
255.32 	the Department of Corrections electronic victim notification system shall be promptly 
255.33 	forwarded to the prosecutorial authority with jurisdiction over the offense to which the 
255.34 	notice relates or, following commitment, the head of the state-operated treatment program 
256.1 	or head of the treatment facility. A county attorney who receives a request for notification 
256.2 	under this paragraph following commitment shall promptly forward the request to the 
256.3 	commissioner of human services.
256.4 	(e) The rights under this subdivision are in addition to rights available to a victim under 
256.5 	chapter 611A. This provision does not give a victim all the rights of a "notified person" or 
256.6 	a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.

256.7 	Sec. 90. Minnesota Statutes 2018, section 253B.18, subdivision 6, is amended to read:
256.8 		Subd. 6.Transfer. (a) A patient who is mentally ill and a person who has a mental 
256.9 	illness and is dangerous to the public shall not be transferred out of a secure treatment facility 
256.10 	unless it appears to the satisfaction of the commissioner, after a hearing and favorable 
256.11 	recommendation by a majority of the special review board, that the transfer is appropriate. 
256.12 	Transfer may be to other regional centers under the commissioner's control another 
256.13 	state-operated treatment program. In those instances where a commitment also exists to the 
256.14 	Department of Corrections, transfer may be to a facility designated by the commissioner of 
256.15 	corrections.
256.16 	(b) The following factors must be considered in determining whether a transfer is 
256.17 	appropriate:
256.18 	(1) the person's clinical progress and present treatment needs;
256.19 	(2) the need for security to accomplish continuing treatment;
256.20 	(3) the need for continued institutionalization;
256.21 	(4) which facility can best meet the person's needs; and
256.22 	(5) whether transfer can be accomplished with a reasonable degree of safety for the 
256.23 	public.

256.24 	Sec. 91. Minnesota Statutes 2018, section 253B.18, subdivision 7, is amended to read:
256.25 		Subd. 7.Provisional discharge. (a) A patient who is mentally ill and a person who has 
256.26 	a mental illness and is dangerous to the public shall not be provisionally discharged unless 
256.27 	it appears to the satisfaction of the commissioner, after a hearing and a favorable 
256.28 	recommendation by a majority of the special review board, that the patient is capable of 
256.29 	making an acceptable adjustment to open society.
256.30 	(b) The following factors are to be considered in determining whether a provisional 
256.31 	discharge shall be recommended: (1) whether the patient's course of hospitalization and 
257.1 	present mental status indicate there is no longer a need for treatment and supervision in the 
257.2 	patient's current treatment setting; and (2) whether the conditions of the provisional discharge 
257.3 	plan will provide a reasonable degree of protection to the public and will enable the patient 
257.4 	to adjust successfully to the community.

257.5 	Sec. 92. Minnesota Statutes 2018, section 253B.18, subdivision 8, is amended to read:
257.6 		Subd. 8.Provisional discharge plan. A provisional discharge plan shall be developed, 
257.7 	implemented, and monitored by the designated agency in conjunction with the patient, the 
257.8 	treatment facility or state-operated treatment program to which the person is committed,
257.9 	and other appropriate persons. The designated agency shall, at least quarterly, review the 
257.10 	provisional discharge plan with the patient and submit a written report to the commissioner 
257.11 	and the treatment facility or program concerning the patient's status and compliance with 
257.12 	each term of the provisional discharge plan.

257.13 	Sec. 93. Minnesota Statutes 2018, section 253B.18, subdivision 10, is amended to read:
257.14 		Subd. 10.Provisional discharge; revocation. (a) The head of the treatment facility or 
257.15 	state-operated treatment program from which the person was provisionally discharged may 
257.16 	revoke a provisional discharge if any of the following grounds exist:
257.17 	(i) the patient has departed from the conditions of the provisional discharge plan;
257.18 	(ii) the patient is exhibiting signs of a mental illness which may require in-hospital 
257.19 	evaluation or treatment; or
257.20 	(iii) the patient is exhibiting behavior which may be dangerous to self or others.
257.21 	(b) Revocation shall be commenced by a notice of intent to revoke provisional discharge, 
257.22 	which shall be served upon the patient, patient's counsel, and the designated agency. The 
257.23 	notice shall set forth the grounds upon which the intention to revoke is based, and shall 
257.24 	inform the patient of the rights of a patient under this chapter.
257.25 	(c) In all nonemergency situations, prior to revoking a provisional discharge, the head 
257.26 	of the treatment facility or program shall obtain a revocation report from the designated 
257.27 	agency outlining the specific reasons for recommending the revocation, including but not 
257.28 	limited to the specific facts upon which the revocation recommendation is based.
257.29 	(d) The patient must be provided a copy of the revocation report and informed orally 
257.30 	and in writing of the rights of a patient under this section.

258.1 	Sec. 94. Minnesota Statutes 2018, section 253B.18, subdivision 11, is amended to read:
258.2 		Subd. 11.Exceptions. If an emergency exists, the head of the treatment facility or 
258.3 	state-operated treatment program may revoke the provisional discharge and, either orally 
258.4 	or in writing, order that the patient be immediately returned to the treatment facility or 
258.5 	program. In emergency cases, a revocation report documenting reasons for revocation shall 
258.6 	be submitted by the designated agency within seven days after the patient is returned to the 
258.7 	treatment facility or program.

258.8 	Sec. 95. Minnesota Statutes 2018, section 253B.18, subdivision 12, is amended to read:
258.9 		Subd. 12.Return of patient. After revocation of a provisional discharge or if the patient 
258.10 	is absent without authorization, the head of the treatment facility or state-operated treatment 
258.11 	program may request the patient to return to the treatment facility or program voluntarily. 
258.12 	The head of the treatment facility or state-operated treatment program may request a health 
258.13 	officer, a welfare officer, or a peace officer to return the patient to the treatment facility or 
258.14 	program. If a voluntary return is not arranged, the head of the treatment facility or 
258.15 	state-operated treatment program shall inform the committing court of the revocation or 
258.16 	absence and the court shall direct a health or peace officer in the county where the patient 
258.17 	is located to return the patient to the treatment facility or program or to another state-operated 
258.18 	treatment program or to another treatment facility willing to accept the patient. The expense 
258.19 	of returning the patient to a regional state-operated treatment center program shall be paid 
258.20 	by the commissioner unless paid by the patient or other persons on the patient's behalf.

258.21 	Sec. 96. Minnesota Statutes 2018, section 253B.18, subdivision 14, is amended to read:
258.22 		Subd. 14.Voluntary readmission. (a) With the consent of the head of the treatment 
258.23 	facility or state-operated treatment program, a patient may voluntarily return from provisional 
258.24 	discharge for a period of up to 30 days, or up to 60 days with the consent of the designated 
258.25 	agency. If the patient is not returned to provisional discharge status within 60 days, the 
258.26 	provisional discharge is revoked. Within 15 days of receiving notice of the change in status, 
258.27 	the patient may request a review of the matter before the special review board. The board 
258.28 	may recommend a return to a provisional discharge status.
258.29 	(b) The treatment facility or state-operated treatment program is not required to petition 
258.30 	for a further review by the special review board unless the patient's return to the community 
258.31 	results in substantive change to the existing provisional discharge plan. All the terms and 
258.32 	conditions of the provisional discharge order shall remain unchanged if the patient is released 
258.33 	again.

259.1 	Sec. 97. Minnesota Statutes 2018, section 253B.18, subdivision 15, is amended to read:
259.2 		Subd. 15.Discharge. (a) A patient who is mentally ill and a person who has a mental 
259.3 	illness and is dangerous to the public shall not be discharged unless it appears to the 
259.4 	satisfaction of the commissioner, after a hearing and a favorable recommendation by a 
259.5 	majority of the special review board, that the patient is capable of making an acceptable 
259.6 	adjustment to open society, is no longer dangerous to the public, and is no longer in need 
259.7 	of treatment and supervision.
259.8 	(b) In determining whether a discharge shall be recommended, the special review board 
259.9 	and commissioner shall consider whether specific conditions exist to provide a reasonable 
259.10 	degree of protection to the public and to assist the patient in adjusting to the community. If 
259.11 	the desired conditions do not exist, the discharge shall not be granted.

259.12 	Sec. 98. Minnesota Statutes 2018, section 253B.19, subdivision 2, is amended to read:
259.13 		Subd. 2.Petition; hearing. (a) A person patient committed as mentally ill anda person 
259.14 	who has a mental illness and is dangerous to the public under section 253B.18, or the county 
259.15 	attorney of the county from which the person patient was committed or the county of financial 
259.16 	responsibility, may petition the judicial appeal panel for a rehearing and reconsideration of 
259.17 	a decision by the commissioner under section 253B.18, subdivision 5. The judicial appeal 
259.18 	panel must not consider petitions for relief other than those considered by the commissioner 
259.19 	from which the appeal is taken. The petition must be filed with the supreme court within 
259.20 	30 days after the decision of the commissioner is signed. The hearing must be held within 
259.21 	45 days of the filing of the petition unless an extension is granted for good cause.
259.22 	(b) For an appeal under paragraph (a), the supreme court shall refer the petition to the 
259.23 	chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county 
259.24 	attorney of the county of commitment, the designated agency, the commissioner, the head 
259.25 	of the treatment facility or program to which the patient was committed, any interested 
259.26 	person, and other persons the chief judge designates, of the time and place of the hearing 
259.27 	on the petition. The notice shall be given at least 14 days prior to the date of the hearing.
259.28 	(c) Any person may oppose the petition. The patient, the patient's counsel, the county 
259.29 	attorney of the committing county or the county of financial responsibility, and the 
259.30 	commissioner shall participate as parties to the proceeding pending before the judicial appeal 
259.31 	panel and shall, except when the patient is committed solely as mentally ill and a person 
259.32 	who has a mental illness and is dangerous to the public, no later than 20 days before the 
259.33 	hearing on the petition, inform the judicial appeal panel and the opposing party in writing 
259.34 	whether they support or oppose the petition and provide a summary of facts in support of 
260.1 	their position. The judicial appeal panel may appoint court examiners and may adjourn the 
260.2 	hearing from time to time. It shall hear and receive all relevant testimony and evidence and 
260.3 	make a record of all proceedings. The patient, the patient's counsel, and the county attorney 
260.4 	of the committing county or the county of financial responsibility have the right to be present 
260.5 	and may present and cross-examine all witnesses and offer a factual and legal basis in 
260.6 	support of their positions. The petitioning party seeking discharge or provisional discharge 
260.7 	bears the burden of going forward with the evidence, which means presenting a prima facie 
260.8 	case with competent evidence to show that the person is entitled to the requested relief. If 
260.9 	the petitioning party has met this burden, the party opposing discharge or provisional 
260.10 	discharge bears the burden of proof by clear and convincing evidence that the discharge or 
260.11 	provisional discharge should be denied. A party seeking transfer under section 253B.18, 
260.12 	subdivision 6, must establish by a preponderance of the evidence that the transfer is 
260.13 	appropriate.

260.14 	Sec. 99. Minnesota Statutes 2018, section 253B.20, subdivision 1, is amended to read:
260.15 		Subdivision 1.Notice to court. When a committed person is discharged, provisionally 
260.16 	discharged, or transferred to another treatment facility, or partially hospitalized state-operated 
260.17 	treatment program, or community-based treatment program, or when the person patient
260.18 	dies, is absent without authorization, or is returned, the treatment facility, state-operated 
260.19 	treatment program, or community-based treatment program having custody of the patient 
260.20 	shall notify the committing court, the county attorney, and the patient's attorney.

260.21 	Sec. 100. Minnesota Statutes 2018, section 253B.20, subdivision 2, is amended to read:
260.22 		Subd. 2.Necessities. The head of thestate-operated treatment facility program shall 
260.23 	make necessary arrangements at the expense of the state to insure that no patient is discharged 
260.24 	or provisionally discharged without suitable clothing. The head of the state-operated treatment 
260.25 	facility program shall, if necessary, provide the patient with a sufficient sum of money to 
260.26 	secure transportation home, or to another destination of the patient's choice, if the destination 
260.27 	is located within a reasonable distance of the state-operated treatment facility program. The 
260.28 	commissioner shall establish procedures by rule to help the patient receive all public 
260.29 	assistance benefits provided by state or federal law to which the patient is entitled by 
260.30 	residence and circumstances. The rule shall be uniformly applied in all counties. All counties 
260.31 	shall provide temporary relief whenever necessary to meet the intent of this subdivision.

261.1 	Sec. 101. Minnesota Statutes 2018, section 253B.20, subdivision 3, is amended to read:
261.2 		Subd. 3.Notice to designated agency. The head of the treatment facility, state-operated 
261.3 	treatment program, or community-based treatment program, upon the provisional discharge 
261.4 	of any committed person, shall notify the designated agency before the patient leaves the 
261.5 	treatment facility or program. Whenever possible the notice shall be given at least one week 
261.6 	before the patient is to leave the facility or program.

261.7 	Sec. 102. Minnesota Statutes 2018, section 253B.20, subdivision 4, is amended to read:
261.8 		Subd. 4.Aftercare services. Prior to the date of discharge or provisional discharge of 
261.9 	any committed person, the designated agency of the county of financial responsibility, in 
261.10 	cooperation with the head of the treatment facility, state-operated treatment program, or 
261.11 	community-based treatment program, and the patient's physician mental health professional, 
261.12 	if notified pursuant to subdivision 6, shall establish a continuing plan of aftercare services 
261.13 	for the patient including a plan for medical and psychiatric treatment, nursing care, vocational 
261.14 	assistance, and other assistance the patient needs. The designated agency shall provide case 
261.15 	management services, supervise and assist the patient in finding employment, suitable 
261.16 	shelter, and adequate medical and psychiatric treatment, and aid in the patient's readjustment 
261.17 	to the community.

261.18 	Sec. 103. Minnesota Statutes 2018, section 253B.20, subdivision 6, is amended to read:
261.19 		Subd. 6.Notice to physicianmental health professional. The head of the treatment 
261.20 	facility, state-operated treatment program, or community-based treatment program shall 
261.21 	notify the physician mental health professional of any committed person at the time of the 
261.22 	patient's discharge or provisional discharge, unless the patient objects to the notice.

261.23 	Sec. 104. Minnesota Statutes 2018, section 253B.21, subdivision 1, is amended to read:
261.24 		Subdivision 1.Administrative procedures. If the patient is entitled to care by any 
261.25 	agency of the United States in this state, the commitment warrant shall be in triplicate, 
261.26 	committing the patient to the joint custody of the head of the treatment facility, state-operated 
261.27 	treatment program, or community-based treatment program and the federal agency. If the 
261.28 	federal agency is unable or unwilling to receive the patient at the time of commitment, the 
261.29 	patient may subsequently be transferred to it upon its request.

262.1 	Sec. 105. Minnesota Statutes 2018, section 253B.21, subdivision 2, is amended to read:
262.2 		Subd. 2.Applicable regulations. Any person, when admitted to an institution of a 
262.3 	federal agency within or without this state, shall be subject to the rules and regulations of 
262.4 	the federal agency, except that nothing in this section shall deprive any person of rights 
262.5 	secured to patients of state state-operated treatment programs, treatment facilities, and 
262.6 	community-based treatment programs by this chapter.

262.7 	Sec. 106. Minnesota Statutes 2018, section 253B.21, subdivision 3, is amended to read:
262.8 		Subd. 3.Powers. The chief officer of any treatment facility operated by a federal agency 
262.9 	to which any person is admitted shall have the same powers as the heads of treatment 
262.10 	facilities state-operated treatment programs within this state with respect to admission, 
262.11 	retention of custody, transfer, parole, or discharge of the committed person.

262.12 	Sec. 107. Minnesota Statutes 2018, section 253B.212, subdivision 1, is amended to read:
262.13 		Subdivision 1.Cost of care; commitment by tribal court order; Red Lake Band of 
262.14 	Chippewa Indians. The commissioner of human services may contract with and receive 
262.15 	payment from the Indian Health Service of the United States Department of Health and 
262.16 	Human Services for the care and treatment of those members of the Red Lake Band of 
262.17 	Chippewa Indians who have been committed by tribal court order to the Indian Health 
262.18 	Service for care and treatment of mental illness, developmental disability, or chemical 
262.19 	dependency. The contract shall provide that the Indian Health Service may not transfer any 
262.20 	person for admission to a regional center state-operated treatment program unless the 
262.21 	commitment procedure utilized by the tribal court provided due process protections similar 
262.22 	to those afforded by sections 253B.05 253B.051 to 253B.10.

262.23 	Sec. 108. Minnesota Statutes 2018, section 253B.212, subdivision 1a, is amended to read:
262.24 		Subd. 1a.Cost of care; commitment by tribal court order; White Earth Band of 
262.25 	Ojibwe Indians. The commissioner of human services may contract with and receive 
262.26 	payment from the Indian Health Service of the United States Department of Health and 
262.27 	Human Services for the care and treatment of those members of the White Earth Band of 
262.28 	Ojibwe Indians who have been committed by tribal court order to the Indian Health Service 
262.29 	for care and treatment of mental illness, developmental disability, or chemical dependency. 
262.30 	The tribe may also contract directly with the commissioner for treatment of those members 
262.31 	of the White Earth Band who have been committed by tribal court order to the White Earth 
262.32 	Department of Health for care and treatment of mental illness, developmental disability, or 
263.1 	chemical dependency. The contract shall provide that the Indian Health Service and the 
263.2 	White Earth Band shall not transfer any person for admission to a regional center
263.3 	state-operated treatment program unless the commitment procedure utilized by the tribal 
263.4 	court provided due process protections similar to those afforded by sections 253B.05
263.5 	253B.051 to 253B.10.

263.6 	Sec. 109. Minnesota Statutes 2018, section 253B.212, subdivision 1b, is amended to read:
263.7 		Subd. 1b.Cost of care; commitment by tribal court order; any federally recognized 
263.8 	Indian tribe within the state of Minnesota. The commissioner of human services may 
263.9 	contract with and receive payment from the Indian Health Service of the United States 
263.10 	Department of Health and Human Services for the care and treatment of those members of 
263.11 	any federally recognized Indian tribe within the state, who have been committed by tribal 
263.12 	court order to the Indian Health Service for care and treatment of mental illness, 
263.13 	developmental disability, or chemical dependency. The tribe may also contract directly with 
263.14 	the commissioner for treatment of those members of any federally recognized Indian tribe 
263.15 	within the state who have been committed by tribal court order to the respective tribal 
263.16 	Department of Health for care and treatment of mental illness, developmental disability, or 
263.17 	chemical dependency. The contract shall provide that the Indian Health Service and any 
263.18 	federally recognized Indian tribe within the state shall not transfer any person for admission 
263.19 	to a regional center state-operated treatment program unless the commitment procedure 
263.20 	utilized by the tribal court provided due process protections similar to those afforded by 
263.21 	sections 253B.05 253B.051 to 253B.10.

263.22 	Sec. 110. Minnesota Statutes 2018, section 253B.212, subdivision 2, is amended to read:
263.23 		Subd. 2.Effect given to tribal commitment order. (a) When, under an agreement 
263.24 	entered into pursuant to subdivision 1, 1a, or 1b, the Indian Health Service or the placing 
263.25 	tribe applies to a regional center state-operated treatment program for admission of a person 
263.26 	committed to the jurisdiction of the health service by the tribal court as a person who is 
263.27 	mentally ill, developmentally disabled, or chemically dependent due to mental illness, 
263.28 	developmental disability, or chemical dependency, the commissioner may treat the patient 
263.29 	with the consent of the Indian Health Service or the placing tribe.
263.30 	(b) A person admitted to a regional center state-operated treatment program pursuant to 
263.31 	this section has all the rights accorded by section 253B.03. In addition, treatment reports, 
263.32 	prepared in accordance with the requirements of section 253B.12, subdivision 1, shall be 
263.33 	filed with the Indian Health Service or the placing tribe within 60 days of commencement 
264.1 	of the patient's stay at the facility program. A subsequent treatment report shall be filed with 
264.2 	the Indian Health Service or the placing tribe within six months of the patient's admission 
264.3 	to the facility program or prior to discharge, whichever comes first. Provisional discharge 
264.4 	or transfer of the patient may be authorized by the head of the treatment facility program
264.5 	only with the consent of the Indian Health Service or the placing tribe. Discharge from the 
264.6 	facility program to the Indian Health Service or the placing tribe may be authorized by the 
264.7 	head of the treatment facility program after notice to and consultation with the Indian Health 
264.8 	Service or the placing tribe.

264.9 	Sec. 111. Minnesota Statutes 2018, section 253B.22, subdivision 1, is amended to read:
264.10 		Subdivision 1.Establishment. The commissioner shall establish a review board of three 
264.11 	or more persons for each regional center the Anoka-Metro Regional Treatment Center, 
264.12 	Minnesota Security Hospital, and Minnesota sex offender program to review the admission 
264.13 	and retention of its patients of that program receiving services under this chapter. One 
264.14 	member shall be qualified in the diagnosis of mental illness, developmental disability, or 
264.15 	chemical dependency, and one member shall be an attorney. The commissioner may, upon 
264.16 	written request from the appropriate federal authority, establish a review panel for any 
264.17 	federal treatment facility within the state to review the admission and retention of patients 
264.18 	hospitalized under this chapter. For any review board established for a federal treatment 
264.19 	facility, one of the persons appointed by the commissioner shall be the commissioner of 
264.20 	veterans affairs or the commissioner's designee.

264.21 	Sec. 112. Minnesota Statutes 2018, section 253B.22, subdivision 2, is amended to read:
264.22 		Subd. 2.Right to appear. Each treatment facility program specified in subdivision 1
264.23 	shall be visited by the review board at least once every six months. Upon request each 
264.24 	patient in the treatment facility program shall have the right to appear before the review 
264.25 	board during the visit.

264.26 	Sec. 113. Minnesota Statutes 2018, section 253B.22, subdivision 3, is amended to read:
264.27 		Subd. 3.Notice. The head of the treatment facility each program specified in subdivision 
264.28 	1 shall notify each patient at the time of admission by a simple written statement of the 
264.29 	patient's right to appear before the review board and the next date when the board will visit 
264.30 	the treatment facility that program. A request to appear before the board need not be in 
264.31 	writing. Any employee of the treatment facility program receiving a patient's request to 
264.32 	appear before the board shall notify the head of the treatment facility program of the request.

265.1 	Sec. 114. Minnesota Statutes 2018, section 253B.22, subdivision 4, is amended to read:
265.2 		Subd. 4.Review. The board shall review the admission and retention of patients at its 
265.3 	respective treatment facility the program. The board may examine the records of all patients 
265.4 	admitted and may examine personally at its own instigation all patients who from the records 
265.5 	or otherwise appear to justify reasonable doubt as to continued need of confinement in a 
265.6 	treatment facility the program. The review board shall report its findings to the commissioner 
265.7 	and to the head of the treatment facility program. The board may also receive reports from 
265.8 	patients, interested persons, and treatment facility employees of the program, and investigate 
265.9 	conditions affecting the care of patients.

265.10 	Sec. 115. Minnesota Statutes 2018, section 253B.23, subdivision 1, is amended to read:
265.11 		Subdivision 1.Costs of hearings. (a) In each proceeding under this chapter the court 
265.12 	shall allow and order paid to each witness subpoenaed the fees and mileage prescribed by 
265.13 	law; to each examiner a reasonable sum for services and for travel; to persons conveying 
265.14 	the patient to the place of detention, disbursements for the travel, board, and lodging of the 
265.15 	patient and of themselves and their authorized assistants; and to the patient's counsel, when 
265.16 	appointed by the court, a reasonable sum for travel and for the time spent in court or in 
265.17 	preparing for the hearing. Upon the court's order, the county auditor shall issue a warrant 
265.18 	on the county treasurer for payment of the amounts allowed, excluding the costs of the court 
265.19 	examiner, which must be paid by the state courts.
265.20 	(b) Whenever venue of a proceeding has been transferred under this chapter, the costs 
265.21 	of the proceedings shall be reimbursed to the county where the proceedings were conducted 
265.22 	by the county of financial responsibility.

265.23 	Sec. 116. Minnesota Statutes 2018, section 253B.23, subdivision 1b, is amended to read:
265.24 		Subd. 1b.Responsibility for conducting prepetition screening and filing commitment 
265.25 	and early intervention petitions. (a) The county of financial responsibility is responsible 
265.26 	to conduct prepetition screening pursuant to section 253B.07, subdivision 1, and, if statutory 
265.27 	conditions for early intervention or commitment are satisfied, to file a petition pursuant to 
265.28 	section 253B.064, subdivision 1, paragraph (a);253B.07, subdivision 1 2, paragraph (a);,
265.29 	or 253D.07.
265.30 	(b) Except in cases under chapter 253D, if the county of financial responsibility refuses 
265.31 	or fails to conduct prepetition screening or file a petition, or if it is unclear which county is 
265.32 	the county of financial responsibility, the county where the proposed patient is present is 
266.1 	responsible to conduct the prepetition screening and, if statutory conditions for early 
266.2 	intervention or commitment are satisfied, file the petition.
266.3 	(c) In cases under chapter 253D, if the county of financial responsibility refuses or fails 
266.4 	to file a petition, or if it is unclear which county is the county of financial responsibility, 
266.5 	then (1) the county where the conviction for which the person is incarcerated was entered, 
266.6 	or (2) the county where the proposed patient is present, if the person is not currently 
266.7 	incarcerated based on conviction, is responsible to file the petition if statutory conditions 
266.8 	for commitment are satisfied.
266.9 	(d) When a proposed patient is an inmate confined to an adult correctional facility under 
266.10 	the control of the commissioner of corrections and commitment proceedings are initiated 
266.11 	or proposed to be initiated pursuant to section 241.69, the county where the correctional 
266.12 	facility is located may agree to perform the responsibilities specified in paragraph (a).
266.13 	(e) Any dispute concerning financial responsibility for the costs of the proceedings and 
266.14 	treatment will be resolved pursuant to chapter 256G.
266.15 	(f) This subdivision and the sections of law cited in this subdivision address venue only. 
266.16 	Nothing in this chapter is intended to limit the statewide jurisdiction of district courts over 
266.17 	civil commitment matters.

266.18 	Sec. 117. Minnesota Statutes 2018, section 253B.23, subdivision 2, is amended to read:
266.19 		Subd. 2.Legal results of commitment status. (a) Except as otherwise provided in this 
266.20 	chapter and in sections 246.15 and 246.16, no person by reason of commitment or treatment 
266.21 	pursuant to this chapter shall be deprived of any legal right, including but not limited to the 
266.22 	right to dispose of property, sue and be sued, execute instruments, make purchases, enter 
266.23 	into contractual relationships, vote, and hold a driver's license. Commitment or treatment 
266.24 	of any patient pursuant to this chapter is not a judicial determination of legal incompetency 
266.25 	except to the extent provided in section 253B.03, subdivision 6.
266.26 	(b) Proceedings for determination of legal incompetency and the appointment of a 
266.27 	guardian for a person subject to commitment under this chapter may be commenced before, 
266.28 	during, or after commitment proceedings have been instituted and may be conducted jointly 
266.29 	with the commitment proceedings. The court shall notify the head of the treatment facility
266.30 	or program to which the patient is committed of a finding that the patient is incompetent.
266.31 	(c) Where the person to be committed is a minor or owns property of value and it appears 
266.32 	to the court that the person is not competent to manage a personal estate, the court shall 
266.33 	appoint a general conservator of the person's estate as provided by law.

267.1 	Sec. 118. Minnesota Statutes 2018, section 253B.24, is amended to read:
267.2 	253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL 
267.3 	BACKGROUND CHECK SYSTEM.
267.4 	When a court:
267.5 	(1) commits a person under this chapter as being mentally ill, developmentally disabled, 
267.6 	mentally ill and dangerous, or chemically dependent due to mental illness, developmental 
267.7 	disability, or chemical dependency, or as a person who has a mental illness and is dangerous 
267.8 	to the public;
267.9 	(2) determines in a criminal case that a person is incompetent to stand trial or not guilty 
267.10 	by reason of mental illness; or
267.11 	(3) restores a person's ability to possess a firearm under section 609.165, subdivision 
267.12 	1d, or 624.713, subdivision 4,
267.13 	the court shall ensure that this information is electronically transmitted within three business 
267.14 	days to the National Instant Criminal Background Check System.

267.15 	Sec. 119. Minnesota Statutes 2018, section 253D.02, subdivision 6, is amended to read:
267.16 		Subd. 6.Court examiner. "Court examiner" has the meaning given in section 253B.02, 
267.17 	subdivision 7 7a.

267.18 	Sec. 120. Minnesota Statutes 2018, section 253D.07, subdivision 2, is amended to read:
267.19 		Subd. 2.Petition. Upon the filing of a petition alleging that a proposed respondent is a 
267.20 	sexually dangerous person or a person with a sexual psychopathic personality, the court 
267.21 	shall hear the petition as provided all of the applicable procedures contained in sections 
267.22 	253B.07 and 253B.08 apply to the commitment proceeding.

267.23 	Sec. 121. Minnesota Statutes 2018, section 253D.10, subdivision 2, is amended to read:
267.24 		Subd. 2.Correctional facilities. (a) A person who is being petitioned for commitment 
267.25 	under this chapter and who is placed under a judicial hold order under section 253B.07, 
267.26 	subdivision 2b or 7, may be confined at a Department of Corrections or a county correctional 
267.27 	or detention facility, rather than a secure treatment facility, until a determination of the 
267.28 	commitment petition as specified in this subdivision.
268.1 	(b) A court may order that a person who is being petitioned for commitment under this 
268.2 	chapter be confined in a Department of Corrections facility pursuant to the judicial hold 
268.3 	order under the following circumstances and conditions:
268.4 	(1) The person is currently serving a sentence in a Department of Corrections facility 
268.5 	and the court determines that the person has made a knowing and voluntary (i) waiver of 
268.6 	the right to be held in a secure treatment facility and (ii) election to be held in a Department 
268.7 	of Corrections facility. The order confining the person in the Department of Corrections 
268.8 	facility shall remain in effect until the court vacates the order or the person's criminal sentence 
268.9 	and conditional release term expire.
268.10 	In no case may the person be held in a Department of Corrections facility pursuant only 
268.11 	to this subdivision, and not pursuant to any separate correctional authority, for more than 
268.12 	210 days.
268.13 	(2) A person who has elected to be confined in a Department of Corrections facility 
268.14 	under this subdivision may revoke the election by filing a written notice of intent to revoke 
268.15 	the election with the court and serving the notice upon the Department of Corrections and 
268.16 	the county attorney. The court shall order the person transferred to a secure treatment facility 
268.17 	within 15 days of the date that the notice of revocation was filed with the court, except that, 
268.18 	if the person has additional time to serve in prison at the end of the 15-day period, the person 
268.19 	shall not be transferred to a secure treatment facility until the person's prison term expires. 
268.20 	After a person has revoked an election to remain in a Department of Corrections facility 
268.21 	under this subdivision, the court may not adopt another election to remain in a Department 
268.22 	of Corrections facility without the agreement of both parties and the Department of 
268.23 	Corrections.
268.24 	(3) Upon petition by the commissioner of corrections, after notice to the parties and 
268.25 	opportunity for hearing and for good cause shown, the court may order that the person's 
268.26 	place of confinement be changed from the Department of Corrections to a secure treatment 
268.27 	facility.
268.28 	(4) While at a Department of Corrections facility pursuant to this subdivision, the person 
268.29 	shall remain subject to all rules and practices applicable to correctional inmates in the facility 
268.30 	in which the person is placed including, but not limited to, the powers and duties of the 
268.31 	commissioner of corrections under section 241.01, powers relating to use of force under 
268.32 	section 243.52, and the right of the commissioner of corrections to determine the place of 
268.33 	confinement in a prison, reformatory, or other facility.
269.1 	(5) A person may not be confined in a Department of Corrections facility under this 
269.2 	provision beyond the end of the person's executed sentence or the end of any applicable 
269.3 	conditional release period, whichever is later. If a person confined in a Department of 
269.4 	Corrections facility pursuant to this provision reaches the person's supervised release date 
269.5 	and is subject to a period of conditional release, the period of conditional release shall 
269.6 	commence on the supervised release date even though the person remains in the Department 
269.7 	of Corrections facility pursuant to this provision. At the end of the later of the executed 
269.8 	sentence or any applicable conditional release period, the person shall be transferred to a 
269.9 	secure treatment facility.
269.10 	(6) Nothing in this section may be construed to establish a right of an inmate in a state 
269.11 	correctional facility to participate in sex offender treatment. This section must be construed 
269.12 	in a manner consistent with the provisions of section 244.03.
269.13 	(c) When a person is temporarily confined in a Department of Corrections facility solely 
269.14 	under this subdivision and not based on any separate correctional authority, the commissioner 
269.15 	of corrections may charge the county of financial responsibility for the costs of confinement, 
269.16 	and the Department of Human Services shall use existing appropriations to fund all remaining 
269.17 	nonconfinement costs. The funds received by the commissioner for the confinement and 
269.18 	nonconfinement costs are appropriated to the department for these purposes.
269.19 	(c) (d) The committing county may offer a person who is being petitioned for commitment 
269.20 	under this chapter and who is placed under a judicial hold order under section 253B.07, 
269.21 	subdivision 2b or 7, the option to be held in a county correctional or detention facility rather 
269.22 	than a secure treatment facility, under such terms as may be agreed to by the county, the 
269.23 	commitment petitioner, and the commitment respondent. If a person makes such an election 
269.24 	under this paragraph, the court hold order shall specify the terms of the agreement, including 
269.25 	the conditions for revoking the election.

269.26 	Sec. 122. Minnesota Statutes 2018, section 253D.28, subdivision 2, is amended to read:
269.27 		Subd. 2.Procedure. (a) The supreme court shall refer a petition for rehearing and 
269.28 	reconsideration to the chief judge of the judicial appeal panel. The chief judge shall notify 
269.29 	the committed person, the county attorneys of the county of commitment and county of 
269.30 	financial responsibility, the commissioner, the executive director, any interested person, 
269.31 	and other persons the chief judge designates, of the time and place of the hearing on the 
269.32 	petition. The notice shall be given at least 14 days prior to the date of the hearing. The 
269.33 	hearing may be conducted by interactive video conference under General Rules of Practice, 
269.34 	rule 131, and Minnesota Rules of Civil Commitment, rule 14.
270.1 	(b) Any person may oppose the petition. The committed person, the committed person's 
270.2 	counsel, the county attorneys of the committing county and county of financial responsibility, 
270.3 	and the commissioner shall participate as parties to the proceeding pending before the 
270.4 	judicial appeal panel and shall, no later than 20 days before the hearing on the petition, 
270.5 	inform the judicial appeal panel and the opposing party in writing whether they support or 
270.6 	oppose the petition and provide a summary of facts in support of their position.
270.7 	(c) The judicial appeal panel may appoint court examiners and may adjourn the hearing 
270.8 	from time to time. It shall hear and receive all relevant testimony and evidence and make 
270.9 	a record of all proceedings. The committed person, the committed person's counsel, and the 
270.10 	county attorney of the committing county or the county of financial responsibility have the 
270.11 	right to be present and may present and cross-examine all witnesses and offer a factual and 
270.12 	legal basis in support of their positions.
270.13 	(d) The petitioning party seeking discharge or provisional discharge bears the burden 
270.14 	of going forward with the evidence, which means presenting a prima facie case with 
270.15 	competent evidence to show that the person is entitled to the requested relief. If the petitioning 
270.16 	party has met this burden, the party opposing discharge or provisional discharge bears the 
270.17 	burden of proof by clear and convincing evidence that the discharge or provisional discharge 
270.18 	should be denied.
270.19 	(e) A party seeking transfer under section 253D.29 must establish by a preponderance 
270.20 	of the evidence that the transfer is appropriate.

270.21 	Sec. 123. REVISOR INSTRUCTION.
 270.22 	The revisor of statutes shall renumber Minnesota Statutes, section 253B.02, so that the 
270.23 	subdivisions are alphabetical. The revisor shall correct any cross-references that arise as a 
270.24 	result of the renumbering.

270.25 	Sec. 124. REPEALER.
 270.26 	Minnesota Statutes 2018, sections 253B.02, subdivisions 6 and 12a; 253B.05, subdivisions 
270.27 	1, 2, 2b, 3, and 4; 253B.064; 253B.065; 253B.066; 253B.09, subdivision 3; 253B.12, 
270.28 	subdivision 2; 253B.15, subdivision 11; and 253B.20, subdivision 7, are repealed.

271.1 	ARTICLE 7
271.2 	MALTREATMENT OF MINORS ACT REORGANIZATION

271.3 	Section 1. [260E.01] POLICY.
271.4 	(a) The legislature hereby declares that the public policy of this state is to protect children 
271.5 	whose health or welfare may be jeopardized through maltreatment. While it is recognized 
271.6 	that most parents want to keep their children safe, sometimes circumstances or conditions 
271.7 	interfere with their ability to do so. When this occurs, the health and safety of the children 
271.8 	must be of paramount concern. Intervention and prevention efforts must address immediate 
271.9 	concerns for child safety and the ongoing risk of maltreatment and should engage the 
271.10 	protective capacities of families. In furtherance of this public policy, it is the intent of the 
271.11 	legislature under this chapter to:
271.12 	(1) protect children and promote child safety;
271.13 	(2) strengthen the family;
271.14 	(3) make the home, school, and community safe for children by promoting responsible 
271.15 	child care in all settings; and
271.16 	(4) provide, when necessary, a safe temporary or permanent home environment for 
271.17 	maltreated children.
271.18 	(b) In addition, it is the policy of this state to:
271.19 	(1) require the reporting of maltreatment of children in the home, school, and community 
271.20 	settings;
271.21 	(2) provide for the voluntary reporting of maltreatment of children;
271.22 	(3) require an investigation when the report alleges sexual abuse or substantial child 
271.23 	endangerment;
271.24 	(4) provide a family assessment, if appropriate, when the report does not allege sexual 
271.25 	abuse or substantial child endangerment; and
271.26 	(5) provide protective, family support, and family preservation services when needed 
271.27 	in appropriate cases.

271.28 	Sec. 2. [260E.02] MULTIDISCIPLINARY CHILD PROTECTION TEAM.
271.29 		Subdivision 1.Establishment of team. A county shall establish a multidisciplinary 
271.30 	child protection team that may include, but not be limited to, the director of the local welfare 
271.31 	agency or designees, the county attorney or designees, the county sheriff or designees, 
272.1 	representatives of health and education, representatives of mental health or other appropriate 
272.2 	human service or community-based agencies, and parent groups. As used in this section, a 
272.3 	"community-based agency" may include, but is not limited to, schools, social service 
272.4 	agencies, family service and mental health collaboratives, children's advocacy centers, early 
272.5 	childhood and family education programs, Head Start, or other agencies serving children 
272.6 	and families. A member of the team must be designated as the lead person of the team 
272.7 	responsible for the planning process to develop standards for the team's activities with 
272.8 	battered women's and domestic abuse programs and services.
272.9 		Subd. 2.Duties of team. A multidisciplinary child protection team may provide public 
272.10 	and professional education, develop resources for prevention, intervention, and treatment, 
272.11 	and provide case consultation to the local welfare agency or other interested community-based 
272.12 	agencies. The community-based agencies may request case consultation from the 
272.13 	multidisciplinary child protection team regarding a child or family for whom the 
272.14 	community-based agency is providing services. As used in this section, "case consultation" 
272.15 	means a case review process in which recommendations are made concerning services to 
272.16 	be provided to the identified children and family. Case consultation may be performed by 
272.17 	a committee or subcommittee of members representing human services, including mental 
272.18 	health and chemical dependency; law enforcement, including probation and parole; the 
272.19 	county attorney; a children's advocacy center; health care; education; community-based 
272.20 	agencies and other necessary agencies; and persons directly involved in an individual case 
272.21 	as designated by other members performing case consultation.
272.22 		Subd. 3.Sexually exploited youth outreach program. A multidisciplinary child 
272.23 	protection team may assist the local welfare agency, local law enforcement agency, or an 
272.24 	appropriate private organization in developing a program of outreach services for sexually 
272.25 	exploited youth, including homeless, runaway, and truant youth who are at risk of sexual 
272.26 	exploitation. For the purposes of this subdivision, at least one representative of a youth 
272.27 	intervention program or, where this type of program is unavailable, one representative of a 
272.28 	nonprofit agency serving youth in crisis shall be appointed to and serve on the 
272.29 	multidisciplinary child protection team in addition to the standing members of the team. 
272.30 	These services may include counseling, medical care, short-term shelter, alternative living 
272.31 	arrangements, and drop-in centers. A juvenile's receipt of intervention services under this 
272.32 	subdivision may not be conditioned upon the juvenile providing any evidence or testimony.
272.33 		Subd. 4.Information sharing. (a) The local welfare agency may make available to the 
272.34 	case consultation committee or subcommittee all records collected and maintained by the 
272.35 	agency under this chapter and in connection with case consultation. A case consultation 
273.1 	committee or subcommittee member may share information acquired in the member's 
273.2 	professional capacity with the committee or subcommittee to assist in case consultation.
273.3 	(b) Case consultation committee or subcommittee members must annually sign a data 
273.4 	sharing agreement, approved by the commissioner of human services, assuring compliance 
273.5 	with chapter 13. Not public data, as defined in section 13.02, subdivision 8a, may be shared 
273.6 	with members appointed to the committee or subcommittee in connection with an individual 
273.7 	case when the members have signed the data sharing agreement.
273.8 	(c) All data acquired by the case consultation committee or subcommittee in exercising 
273.9 	case consultation duties are confidential as defined in section 13.02, subdivision 3, and shall 
273.10 	not be disclosed except to the extent necessary to perform case consultation, and shall not 
273.11 	be subject to subpoena or discovery.
273.12 	(d) No members of a case consultation committee or subcommittee meeting shall disclose 
273.13 	what transpired at a case consultation meeting, except to the extent necessary to carry out 
273.14 	the case consultation plan. The proceedings and records of the case consultation meeting 
273.15 	are not subject to discovery, and may not be introduced into evidence in any civil or criminal 
273.16 	action against a professional or local welfare agency arising out of the matter or matters 
273.17 	which are the subject of consideration of the case consultation meeting. Information, 
273.18 	documents, or records otherwise available from original sources are not immune from 
273.19 	discovery or use in any civil or criminal action merely because they were presented during 
273.20 	a case consultation meeting. Any person who presented information before the consultation 
273.21 	committee or subcommittee or who is a member shall not be prevented from testifying as 
273.22 	to matters within the person's knowledge. However, in a civil or criminal proceeding a 
273.23 	person shall not be questioned about the person's presentation of information before the 
273.24 	case consultation committee or subcommittee or about opinions formed as a result of the 
273.25 	case consultation meetings.
273.26 	(e) A person who violates this subdivision is subject to the civil remedies and penalties 
273.27 	provided under chapter 13.
273.28 		Subd. 5.Children's advocacy center; definition. (a) For purposes of this section, 
273.29 	"children's advocacy center" means an organization using a multidisciplinary team approach 
273.30 	whose primary purpose is to provide children who have been the victims of abuse and their 
273.31 	nonoffending family members with:
273.32 	(1) support and advocacy;
273.33 	(2) specialized medical evaluation;
274.1 	(3) trauma-focused mental health services; and
274.2 	(4) forensic interviews.
274.3 	(b) Children's advocacy centers provide multidisciplinary case review and the tracking 
274.4 	and monitoring of case progress.

274.5 	Sec. 3. [260E.03] DEFINITIONS.
274.6 		Subdivision 1.Scope. As used in this chapter, the following terms have the meanings 
274.7 	given them unless the specific content indicates otherwise.
274.8 		Subd. 2.Accidental. "Accidental" means a sudden, not reasonably foreseeable, and 
274.9 	unexpected occurrence or event that:
274.10 	(1) is not likely to occur and could not have been prevented by exercise of due care; and
274.11 	(2) if occurring while a child is receiving services from a facility, happens when the 
274.12 	facility and the employee or person providing services in the facility are in compliance with 
274.13 	the laws and rules relevant to the occurrence or event.
274.14 		Subd. 3.Child fatality. "Child fatality" means the death of a child from maltreatment.
274.15 		Subd. 4.Commissioner. "Commissioner" means the commissioner of human services 
274.16 	unless otherwise indicated in this chapter.
274.17 		Subd. 5.Egregious harm. "Egregious harm" means harm under section 260C.007, 
274.18 	subdivision 14, or a similar law of another jurisdiction.
274.19 		Subd. 6.Facility. "Facility" means:
274.20 	(1) a licensed or unlicensed day care facility, certified license-exempt child care center, 
274.21 	residential facility, agency, hospital, sanitarium, or other facility or institution required to 
274.22 	be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 
274.23 	144H, 245D, or 245H;
274.24 	(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; 
274.25 	or
274.26 	(3) a nonlicensed personal care provider organization as defined in section 256B.0625, 
274.27 	subdivision 19a.
274.28 		Subd. 7.Family assessment. "Family assessment" means a comprehensive assessment 
274.29 	of child safety, risk of subsequent maltreatment, and family strengths and needs that is 
274.30 	applied to a maltreatment report that does not allege sexual abuse or substantial child 
274.31 	endangerment. Family assessment does not include a determination as to whether 
275.1 	maltreatment occurred but does determine the need for services to address the safety of 
275.2 	family members and the risk of subsequent maltreatment.
275.3 		Subd. 8.Findings and information. "Findings and information" means a written 
275.4 	summary described in section 260E.35, subdivision 7, paragraph (b), of actions taken or 
275.5 	services rendered by a local welfare agency following receipt of a report.
275.6 		Subd. 9.Immediately. "Immediately" means as soon as possible but in no event longer 
275.7 	than 24 hours.
275.8 		Subd. 10.Interested person acting on behalf of the child. "Interested person acting 
275.9 	on behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian 
275.10 	ad litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person 
275.11 	has been determined to be the offender who committed the maltreatment.
275.12 		Subd. 11.Investigation. "Investigation" means fact gathering conducted during:
275.13 	(1) a family investigation related to the current safety of a child and the risk of subsequent 
275.14 	maltreatment that determines whether maltreatment occurred and whether child protective 
275.15 	services are needed; or
275.16 	(2) a facility investigation related to duties under section 260E.28.
275.17 		Subd. 12.Maltreatment. "Maltreatment" means any of the following acts or omissions:
275.18 	(1) egregious harm under subdivision 5;
275.19 	(2) neglect under subdivision 15;
275.20 	(3) physical abuse under subdivision 18;
275.21 	(4) sexual abuse under subdivision 20;
275.22 	(5) substantial child endangerment under subdivision 22;
275.23 	(6) threatened injury under subdivision 23;
275.24 	(7) mental injury under subdivision 13; and
275.25 	(8) maltreatment of a child in a facility.
275.26 		Subd. 13.Mental injury. "Mental injury" means an injury to the psychological capacity 
275.27 	or emotional stability of a child as evidenced by an observable or substantial impairment 
275.28 	in the child's ability to function within a normal range of performance and behavior with 
275.29 	due regard to the child's culture.
276.1 		Subd. 14.Near fatality. "Near fatality" means a case in which a physician, advanced 
276.2 	practice registered nurse, or physician assistant determines that a child is in serious or critical 
276.3 	condition as the result of sickness or injury caused by maltreatment.
276.4 		Subd. 15.Neglect. (a) "Neglect" means the commission or omission of any of the acts 
276.5 	specified under clauses (1) to (8), other than by accidental means:
276.6 	(1) failure by a person responsible for a child's care to supply a child with necessary 
276.7 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
276.8 	mental health when reasonably able to do so;
276.9 	(2) failure to protect a child from conditions or actions that seriously endanger the child's 
276.10 	physical or mental health when reasonably able to do so, including a growth delay, which 
276.11 	may be referred to as a failure to thrive, that has been diagnosed by a physician and is due 
276.12 	to parental neglect;
276.13 	(3) failure to provide for necessary supervision or child care arrangements appropriate 
276.14 	for a child after considering factors as the child's age, mental ability, physical condition, 
276.15 	length of absence, or environment, when the child is unable to care for the child's own basic 
276.16 	needs or safety, or the basic needs or safety of another child in their care;
276.17 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
276.18 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
276.19 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 
276.20 	5;
276.21 	(5) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 
276.22 	2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in 
276.23 	the child at birth, results of a toxicology test performed on the mother at delivery or the 
276.24 	child at birth, medical effects or developmental delays during the child's first year of life 
276.25 	that medically indicate prenatal exposure to a controlled substance, or the presence of a 
276.26 	fetal alcohol spectrum disorder;
276.27 	(6) medical neglect, as defined in section 260C.007, subdivision 6, clause (5);
276.28 	(7) chronic and severe use of alcohol or a controlled substance by a person responsible 
276.29 	for the child's care that adversely affects the child's basic needs and safety; or
276.30 	(8) emotional harm from a pattern of behavior that contributes to impaired emotional 
276.31 	functioning of the child, which may be demonstrated by a substantial and observable effect 
276.32 	in the child's behavior, emotional response, or cognition that is not within the normal range 
276.33 	for the child's age and stage of development, with due regard to the child's culture.
277.1 	(b) Nothing in this chapter shall be construed to mean that a child is neglected solely 
277.2 	because the child's parent, guardian, or other person responsible for the child's care in good 
277.3 	faith selects and depends upon spiritual means or prayer for treatment or care of disease or 
277.4 	remedial care of the child in lieu of medical care.
277.5 	(c) This chapter does not impose upon persons not otherwise legally responsible for 
277.6 	providing a child with necessary food, clothing, shelter, education, or medical care a duty 
277.7 	to provide that care.
277.8 		Subd. 16.Person in a current or recent position of authority. "Person in a current or 
277.9 	recent position of authority" means an individual in a position of authority over a child and 
277.10 	includes but is not limited to any person who is a parent or acting in the place of a parent 
277.11 	and charged with any of a parent's rights, duties, or responsibilities to a child, or a person 
277.12 	who is charged with any duty or responsibility for the health, welfare, or supervision of a 
277.13 	child, either independently or through another, no matter how brief, within 120 days 
277.14 	immediately preceding the act. Person in a position of authority includes a psychotherapist.
277.15 		Subd. 17.Person responsible for the child's care. "Person responsible for the child's 
277.16 	care" means (1) an individual functioning within the family unit and having responsibilities 
277.17 	for the care of the child such as a parent, guardian, or other person having similar care 
277.18 	responsibilities, or (2) an individual functioning outside the family unit and having 
277.19 	responsibilities for the care of the child such as a teacher, school administrator, other school 
277.20 	employee or agent, or other lawful custodian of a child having either full-time or short-term 
277.21 	care responsibilities including, but not limited to, day care, babysitting whether paid or 
277.22 	unpaid, counseling, teaching, and coaching.
277.23 		Subd. 18.Physical abuse. (a) "Physical abuse" means any physical injury, mental injury 
277.24 	under subdivision 13, or threatened injury under subdivision 23, inflicted by a person 
277.25 	responsible for the child's care on a child other than by accidental means, or any physical 
277.26 	or mental injury that cannot reasonably be explained by the child's history of injuries, or 
277.27 	any aversive or deprivation procedures, or regulated interventions, that have not been 
277.28 	authorized under section 125A.0942 or 245.825.
277.29 	(b) Abuse does not include reasonable and moderate physical discipline of a child 
277.30 	administered by a parent or legal guardian that does not result in an injury. Abuse does not 
277.31 	include the use of reasonable force by a teacher, principal, or school employee as allowed 
277.32 	by section 121A.582.
277.33 	(c) For the purposes of this subdivision, actions that are not reasonable and moderate 
277.34 	include, but are not limited to, any of the following:
278.1 	(1) throwing, kicking, burning, biting, or cutting a child;
278.2 	(2) striking a child with a closed fist;
278.3 	(3) shaking a child under age three;
278.4 	(4) striking or other actions that result in any nonaccidental injury to a child under 18 
278.5 	months of age;
278.6 	(5) unreasonable interference with a child's breathing;
278.7 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
278.8 	(7) striking a child under age one on the face or head;
278.9 	(8) striking a child who is at least age one but under age four on the face or head, which 
278.10 	results in an injury;
278.11 	(9) purposely giving a child:
278.12 	(i) poison, alcohol, or dangerous, harmful, or controlled substances that were not 
278.13 	prescribed for the child by a practitioner in order to control or punish the child; or
278.14 	(ii) other substances that substantially affect the child's behavior, motor coordination, 
278.15 	or judgment; that result in sickness or internal injury; or that subject the child to medical 
278.16 	procedures that would be unnecessary if the child were not exposed to the substances;
278.17 	(10) unreasonable physical confinement or restraint not permitted under section 609.379, 
278.18 	including but not limited to tying, caging, or chaining; or
278.19 	(11) in a school facility or school zone, an act by a person responsible for the child's 
278.20 	care that is a violation under section 121A.58.
278.21 		Subd. 19.Report. "Report" means any communication received by the local welfare 
278.22 	agency, police department, county sheriff, or agency responsible for child protection pursuant 
278.23 	to this section that describes maltreatment of a child and contains sufficient content to 
278.24 	identify the child and any person believed to be responsible for the maltreatment, if known.
278.25 		Subd. 20.Sexual abuse. "Sexual abuse" means the subjection of a child by a person 
278.26 	responsible for the child's care, by a person who has a significant relationship to the child, 
278.27 	or by a person in a current or recent position of authority, to any act that constitutes a 
278.28 	violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal 
278.29 	sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 
278.30 	609.345 (criminal sexual conduct in the fourth degree), 609.3451 (criminal sexual conduct 
278.31 	in the fifth degree), or 609.352 (solicitation of children to engage in sexual conduct; 
279.1 	communication of sexually explicit materials to children). Sexual abuse also includes any 
279.2 	act involving a child that constitutes a violation of prostitution offenses under sections 
279.3 	609.321 to 609.324 or 617.246. Sexual abuse includes all reports of known or suspected 
279.4 	child sex trafficking involving a child who is identified as a victim of sex trafficking. Sexual 
279.5 	abuse includes child sex trafficking as defined in section 609.321, subdivisions 7a and 7b. 
279.6 	Sexual abuse includes threatened sexual abuse, which includes the status of a parent or 
279.7 	household member who has committed a violation that requires registration as an offender 
279.8 	under section 243.166, subdivision 1b, paragraph (a) or (b), or required registration under 
279.9 	section 243.166, subdivision 1b, paragraph (a) or (b).
279.10 		Subd. 21.Significant relationship. "Significant relationship" means a situation in which 
279.11 	the alleged offender is:
279.12 	(1) the child's parent, stepparent, or guardian;
279.13 	(2) any of the following persons related to the child by blood, marriage, or adoption: 
279.14 	brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, 
279.15 	great-grandparent, great-uncle, great-aunt; or
279.16 	(3) an adult who jointly resides intermittently or regularly in the same dwelling as the 
279.17 	child and who is not the child's spouse.
279.18 		Subd. 22.Substantial child endangerment. "Substantial child endangerment" means 
279.19 	that a person responsible for a child's care, by act or omission, commits or attempts to 
279.20 	commit an act against a child under their care that constitutes any of the following:
279.21 	(1) egregious harm under subdivision 5;
279.22 	(2) abandonment under section 260C.301, subdivision 2;
279.23 	(3) neglect under subdivision 15, paragraph (a), clause (2), that substantially endangers 
279.24 	the child's physical or mental health, including a growth delay, which may be referred to 
279.25 	as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
279.26 	(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
279.27 	(5) manslaughter in the first or second degree under section 609.20 or 609.205;
279.28 	(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
279.29 	(7) solicitation, inducement, and promotion of prostitution under section 609.322;
279.30 	(8) criminal sexual conduct under sections 609.342 to 609.3451;
279.31 	(9) solicitation of children to engage in sexual conduct under section 609.352;
280.1 	(10) malicious punishment or neglect or endangerment of a child under section 609.377 
280.2 	or 609.378;
280.3 	(11) use of a minor in sexual performance under section 617.246; or
280.4 	(12) parental behavior, status, or condition that mandates that the county attorney file a 
280.5 	termination of parental rights petition under section 260C.503, subdivision 2.
280.6 		Subd. 23.Threatened injury. (a) "Threatened injury" means a statement, overt act, 
280.7 	condition, or status that represents a substantial risk of physical or sexual abuse or mental 
280.8 	injury.
280.9 	(b) Threatened injury includes, but is not limited to, exposing a child to a person 
280.10 	responsible for the child's care, as defined in subdivision 17, who has:
280.11 	(1) subjected a child to, or failed to protect a child from, an overt act or condition that 
280.12 	constitutes egregious harm under subdivision 5 or a similar law of another jurisdiction;
280.13 	(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph 
280.14 	(b), clause (4), or a similar law of another jurisdiction;
280.15 	(3) committed an act that resulted in an involuntary termination of parental rights under 
280.16 	section 260C.301, or a similar law of another jurisdiction; or
280.17 	(4) committed an act that resulted in the involuntary transfer of permanent legal and 
280.18 	physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, 
280.19 	subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law 
280.20 	of another jurisdiction.
280.21 	(c) A child is the subject of a report of threatened injury when the local welfare agency 
280.22 	receives birth match data under section 260E.14, subdivision 4, from the Department of 
280.23 	Human Services.

280.24 	Sec. 4. [260E.04] EVIDENCE.
280.25 	No evidence relating to the maltreatment of a child or to any prior incident of 
280.26 	maltreatment involving any of the same persons accused of maltreatment shall be excluded 
280.27 	in any proceeding arising out of the alleged maltreatment on the grounds of privilege set 
280.28 	forth in section 595.02, subdivision 1, paragraph (a), (d), or (g).

280.29 	Sec. 5. [260E.05] CULTURAL PRACTICES.
280.30 	A person who conducts an assessment or investigation under this chapter shall take into 
280.31 	account accepted child-rearing practices of the culture in which a child participates and 
281.1 	accepted teacher discipline practices that are not injurious to the child's health, welfare, and 
281.2 	safety.

281.3 	Sec. 6. [260E.06] MALTREATMENT REPORTING.
281.4 		Subdivision 1.Mandatory reporters. (a) A person who knows or has reason to believe 
281.5 	a child is being maltreated, as defined in section 260E.03, or has been maltreated within 
281.6 	the preceding three years, shall immediately report the information to the local welfare 
281.7 	agency, agency responsible for assessing or investigating the report, police department, 
281.8 	county sheriff, tribal social services agency, or tribal police department if the person is:
281.9 	(1) a professional or professional's delegate who is engaged in the practice of the healing 
281.10 	arts, social services, hospital administration, psychological or psychiatric treatment, child 
281.11 	care, education, correctional supervision, probation and correctional services, or law 
281.12 	enforcement; or
281.13 	(2) employed as a member of the clergy and received the information while engaged in 
281.14 	ministerial duties, provided that a member of the clergy is not required by this subdivision 
281.15 	to report information that is otherwise privileged under section 595.02, subdivision 1, 
281.16 	paragraph (c).
281.17 	(b) "Practice of social services," for the purposes of this subdivision, includes but is not 
281.18 	limited to employee assistance counseling and the provision of guardian ad litem and 
281.19 	parenting time expeditor services.
281.20 		Subd. 2.Voluntary reporters. Any person may voluntarily report to the local welfare 
281.21 	agency, agency responsible for assessing or investigating the report, police department, 
281.22 	county sheriff, tribal social services agency, or tribal police department if the person knows, 
281.23 	has reason to believe, or suspects a child is being or has been maltreated.
281.24 		Subd. 3.Reporting in cases where selection of spiritual means or prayer for 
281.25 	treatment or care may cause serious danger to child's health. If the child's parent, 
281.26 	guardian, or other person responsible for the child's care in good faith selects and depends 
281.27 	upon spiritual means or prayer for treatment or care of disease or remedial care of the child 
281.28 	in lieu of medical care, the parent, guardian, or caretaker, or a person mandated to report 
281.29 	pursuant to subdivision 1, has a duty to report if a lack of medical care may cause serious 
281.30 	danger to the child's health.
281.31 		Subd. 4.Licensing board duty to report. A board or other entity whose licensees 
281.32 	perform work within a school facility, upon receiving a complaint of alleged maltreatment, 
281.33 	shall report the alleged maltreatment to the commissioner of education.

282.1 	Sec. 7. [260E.07] RETALIATION PROHIBITED.
282.2 	(a) An employer of any person required to make reports under section 260E.06, 
282.3 	subdivision 1, or 260E.11, subdivision 1, shall not retaliate against the person for reporting 
282.4 	in good faith maltreatment pursuant to this chapter or against a child with respect to whom 
282.5 	a report is made, because of the report.
282.6 	(b) The employer of any person required to report under section 260E.06, subdivision 
282.7 	1, or 260E.11, subdivision 1, who retaliates against the person because of a report of 
282.8 	maltreatment is liable to that person for actual damages and, in addition, a penalty of up to 
282.9 	$10,000.
282.10 	(c) There shall be a rebuttable presumption that any adverse action within 90 days of a 
282.11 	report is retaliatory. For purposes of this paragraph, the term "adverse action" refers to action 
282.12 	taken by an employer of a person required to report under section 260E.06, subdivision 1, 
282.13 	or 260E.11, subdivision 1, which is involved in a report against the person making the report 
282.14 	or the child with respect to whom the report was made because of the report, and includes, 
282.15 	but is not limited to:
282.16 	(1) discharge, suspension, termination, or transfer from the facility, institution, school, 
282.17 	or agency;
282.18 	(2) discharge from or termination of employment;
282.19 	(3) demotion or reduction in remuneration for services; or
282.20 	(4) restriction or prohibition of access to the facility, institution, school, agency, or 
282.21 	persons affiliated with it.

282.22 	Sec. 8. [260E.08] CRIMINAL PENALTIES FOR FAILURE TO REPORT; CIVIL 
282.23 	PENALTY FOR MAKING FALSE REPORT.
282.24 	(a) A person mandated by section 260E.06, subdivision 1, to report who knows or has 
282.25 	reason to believe that a child is maltreated, as defined in section 260E.03, or has been 
282.26 	maltreated within the preceding three years, and fails to report is guilty of a misdemeanor.
282.27 	(b) A person mandated by section 260E.06, subdivision 1, to report who knows or has 
282.28 	reason to believe that two or more children not related to the offender have been maltreated, 
282.29 	as defined in section 260E.03, by the same offender within the preceding ten years, and 
282.30 	fails to report is guilty of a gross misdemeanor.
282.31 	(c) A parent, guardian, or caretaker who knows or reasonably should know that the 
282.32 	child's health is in serious danger and who fails to report as required by section 260E.06, 
283.1 	subdivision 3, is guilty of a gross misdemeanor if the child suffers substantial or great bodily 
283.2 	harm because of the lack of medical care. If the child dies because of the lack of medical 
283.3 	care, the person is guilty of a felony and may be sentenced to imprisonment for not more 
283.4 	than two years or to payment of a fine of not more than $4,000, or both. The provision in 
283.5 	section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian, 
283.6 	or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment 
283.7 	or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report 
283.8 	under this chapter.
283.9 	(d) Any person who knowingly or recklessly makes a false report under the provisions 
283.10 	of this chapter shall be liable in a civil suit for any actual damages suffered by the person 
283.11 	or persons so reported and for any punitive damages set by the court or jury, plus costs and 
283.12 	reasonable attorney fees.

283.13 	Sec. 9. [260E.09] REPORTING REQUIREMENTS.
283.14 	(a) An oral report shall be made immediately by telephone or otherwise. An oral report 
283.15 	made by a person required under section 260E.06, subdivision 1, to report shall be followed 
283.16 	within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate 
283.17 	police department, the county sheriff, the agency responsible for assessing or investigating 
283.18 	the report, or the local welfare agency.
283.19 	(b) Any report shall be of sufficient content to identify the child, any person believed 
283.20 	to be responsible for the maltreatment of the child if the person is known, the nature and 
283.21 	extent of the maltreatment, and the name and address of the reporter. The local welfare 
283.22 	agency or agency responsible for assessing or investigating the report shall accept a report 
283.23 	made under section 260E.06 notwithstanding refusal by a reporter to provide the reporter's 
283.24 	name or address as long as the report is otherwise sufficient under this paragraph.

283.25 	Sec. 10. [260E.10] NOTIFICATION TO REPORTERS.
283.26 		Subdivision 1.Screening notification. If requested, the agency responsible for assessing 
283.27 	or investigating a report shall inform the reporter within ten days after the report was made, 
283.28 	either orally or in writing, whether the report was accepted or not. If the responsible agency 
283.29 	determines the report does not constitute a report under this chapter, the agency shall advise 
283.30 	the reporter that the report was screened out.
283.31 		Subd. 2.Final notification. Any person mandated to report shall receive a summary of 
283.32 	the disposition of any report made by that reporter, including whether the case has been 
283.33 	opened for child protection or other services, or if a referral has been made to a community 
284.1 	organization, unless release would be detrimental to the best interests of the child. Any 
284.2 	person who is not mandated to report shall, upon request to the local welfare agency, receive 
284.3 	a concise summary of the disposition of any report made by that reporter, unless release 
284.4 	would be detrimental to the best interests of the child.

284.5 	Sec. 11. [260E.11] AGENCY DESIGNATED TO RECEIVE REPORTS.
284.6 		Subdivision 1.Reports of maltreatment in facility. A person mandated to report child 
284.7 	maltreatment occurring within a licensed facility shall report the information to the agency 
284.8 	responsible for licensing or certifying the facility under sections 144.50 to 144.58, 241.021, 
284.9 	and 245A.01 to 245A.16; or chapter 144H, 245D, or 245H; or a nonlicensed personal care 
284.10 	provider organization as defined in section 256B.0625, subdivision 19a.
284.11 		Subd. 2.Reporting deprivation of parental rights or kidnapping to law 
284.12 	enforcement. A person mandated to report under section 260E.06, subdivision 1, who 
284.13 	knows or has reason to know of a violation of section 609.25 or 609.26 shall report the 
284.14 	information to the local police department or the county sheriff.
284.15 		Subd. 3.Report to medical examiner or coroner; notification to local agency and 
284.16 	law enforcement; report ombudsman. (a) A person mandated to report maltreatment who 
284.17 	knows or has reason to believe a child has died as a result of maltreatment shall report that 
284.18 	information to the appropriate medical examiner or coroner instead of the local welfare 
284.19 	agency, police department, or county sheriff.
284.20 	(b) The medical examiner or coroner shall notify the local welfare agency, police 
284.21 	department, or county sheriff in instances in which the medical examiner or coroner believes 
284.22 	that the child has died as a result of maltreatment. The medical examiner or coroner shall 
284.23 	complete an investigation as soon as feasible and report the findings to the police department 
284.24 	or county sheriff and the local welfare agency.
284.25 	(c) If the child was receiving services or treatment for mental illness, developmental 
284.26 	disability, chemical dependency, or emotional disturbance from an agency, facility, or 
284.27 	program as defined in section 245.91, the medical examiner or coroner shall also notify and 
284.28 	report findings to the ombudsman established under sections 245.91 to 245.97.

285.1 	Sec. 12. [260E.12] REQUIRED ACTIONS OF THE RESPONSIBLE AGENCY AND 
285.2 	LAW ENFORCEMENT UPON RECEIVING REPORT.
285.3 		Subdivision 1.Police department or county sheriff. (a) The police department or the 
285.4 	county sheriff shall immediately notify the local welfare agency or agency responsible for 
285.5 	child protection reports under this chapter orally and in writing when a report is received.
285.6 	(b) Written reports received by a police department or the county sheriff shall be 
285.7 	forwarded immediately to the local welfare agency or the agency responsible for assessing 
285.8 	or investigating the report. The police department or the county sheriff may keep copies of 
285.9 	reports received by them.
285.10 	(c) The county sheriff and the head of each local welfare agency, agency responsible 
285.11 	for child protection reports, and police department shall designate a person within the agency, 
285.12 	department, or office who is responsible for ensuring that the notification duties of this 
285.13 	section are carried out. If the alleged maltreatment occurs on tribal land, the local welfare 
285.14 	agency or agency responsible for child protection reports and the local police department 
285.15 	or county sheriff shall immediately notify the tribe's social services agency and tribal law 
285.16 	enforcement orally and in writing when a report is received. When a police department or 
285.17 	county determines that a child has been the subject of maltreatment by a person licensed 
285.18 	by the Professional Educator Licensing and Standards Board or the Board of School 
285.19 	Administrators, the department or sheriff shall, in addition to other duties under this section, 
285.20 	immediately inform the licensing board.
285.21 	(d) If a child is the victim of an alleged crime under subdivision 2, paragraph (c), the 
285.22 	law enforcement agency shall immediately notify the local welfare agency, which shall 
285.23 	offer appropriate social services for the purpose of safeguarding and enhancing the welfare 
285.24 	of the maltreated child.
285.25 		Subd. 2.Local welfare agency or agency responsible for maltreatment report. (a) 
285.26 	The local welfare agency or agency responsible for child protection reports shall immediately 
285.27 	notify the local police department or the county sheriff orally and in writing when a report 
285.28 	is received.
285.29 	(b) Copies of written reports received by a local welfare agency or the agency responsible 
285.30 	for assessing or investigating the report shall be forwarded immediately to the local police 
285.31 	department or the county sheriff.
285.32 	(c) Receipt by a local welfare agency of a report or notification of a report of kidnapping 
285.33 	under section 609.25 or depriving another of custodial or parental rights under section 
285.34 	609.26 shall not be construed to invoke the duties under this chapter except notification of 
286.1 	law enforcement and the offer of services under section 260E.20, subdivision 1, paragraph 
286.2 	(a), as appropriate.
286.3 		Subd. 3.Penalties for failure to cross notify. (a) If a local welfare agency receives a 
286.4 	report under section 260E.06 and fails to notify the local police department or county sheriff 
286.5 	as required by subdivision 2, the person within the agency who is responsible for ensuring 
286.6 	that notification is made shall be subject to disciplinary action in keeping with the agency's 
286.7 	existing policy or collective bargaining agreement on discipline of employees.
286.8 	(b) If a local police department or a county sheriff receives a report under section 260E.06 
286.9 	and fails to notify the local welfare agency as required by subdivision 1, the person within 
286.10 	the police department or county sheriff's office who is responsible for ensuring that 
286.11 	notification is made shall be subject to disciplinary action in keeping with the agency's 
286.12 	existing policy or collective bargaining agreement on discipline of employees.

286.13 	Sec. 13. [260E.13] REPORT TO OMBUDSMAN.
286.14 	When a local welfare agency receives a report or otherwise has information indicating 
286.15 	that a child who is a client, as defined in section 245.91, has been the subject of maltreatment 
286.16 	at an agency, facility, or program, as defined in section 245.91, the local welfare agency 
286.17 	shall, in addition to its other duties under this chapter, immediately inform the ombudsman 
286.18 	established under sections 245.91 to 245.97. The commissioner of education shall inform 
286.19 	the ombudsman established under sections 245.91 to 245.97 of reports regarding a child 
286.20 	who is a client, as defined in section 245.91, that maltreatment occurred at a school as 
286.21 	defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.

286.22 	Sec. 14. [260E.14] AGENCY RESPONSIBLE FOR SCREENING AND 
286.23 	ASSESSMENT OR INVESTIGATION.
286.24 		Subdivision 1.Facilities and schools. (a) The local welfare agency is the agency 
286.25 	responsible for investigating allegations of maltreatment in child foster care, family child 
286.26 	care, legally nonlicensed child care, and reports involving children served by an unlicensed 
286.27 	personal care provider organization under section 256B.0659. Copies of findings related to 
286.28 	personal care provider organizations under section 256B.0659 must be forwarded to the 
286.29 	Department of Human Services provider enrollment.
286.30 	(b) The Department of Human Services is the agency responsible for screening and 
286.31 	investigating allegations of maltreatment in juvenile correctional facilities listed under 
286.32 	section 241.021 located in the local welfare agency's county and in facilities licensed or 
287.1 	certified under chapters 245A, 245D, and 245H, except for child foster care and family 
287.2 	child care.
287.3 	(c) The Department of Health is the agency responsible for screening and investigating 
287.4 	allegations of maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43 
287.5 	to 144A.482 or chapter 144H.
287.6 	(d) The Department of Education is the agency responsible for screening and investigating 
287.7 	allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11, 
287.8 	and 13, and chapter 124E. The Department of Education's responsibility to screen and 
287.9 	investigate includes allegations of maltreatment involving students 18 to 21 years of age, 
287.10 	including students receiving special education services, up to and including graduation and 
287.11 	the issuance of a secondary or high school diploma.
287.12 	(e) A health or corrections agency receiving a report may request the local welfare agency 
287.13 	to provide assistance pursuant to this section and sections 260E.20 and 260E.22.
287.14 		Subd. 2.Sexual abuse. (a) The local welfare agency is the agency responsible for 
287.15 	investigating an allegation of sexual abuse if the alleged offender is the parent, guardian, 
287.16 	sibling, or an individual functioning within the family unit as a person responsible for the 
287.17 	child's care, or a person with a significant relationship to the child if that person resides in 
287.18 	the child's household.
287.19 	(b) The local welfare agency is also responsible for investigating when a child is identified 
287.20 	as a victim of sex trafficking.
287.21 		Subd. 3.Neglect or physical abuse. The local welfare agency is responsible for 
287.22 	immediately conducting a family assessment or investigation if the report alleges neglect 
287.23 	or physical abuse by a parent, guardian, or individual functioning within the family unit as 
287.24 	a person responsible for the child's care.
287.25 		Subd. 4.Birth match. (a) Upon receiving data under section 144.225, subdivision 2b, 
287.26 	contained in a birth record or recognition of parentage identifying a child who is subject to 
287.27 	threatened injury under section 260E.03, subdivision 23, the Department of Human Services 
287.28 	shall send the data to the responsible local welfare agency. The data is known as "birth 
287.29 	match data."
287.30 	(b) Unless the responsible local welfare agency has already begun an investigation or 
287.31 	assessment of the report due to the birth of the child or execution of the recognition of 
287.32 	parentage and the parent's previous history with child protection, the agency shall accept 
287.33 	the birth match data as a report under section 260E.03, subdivision 23.
288.1 		Subd. 5.Law enforcement. (a) The local law enforcement agency is the agency 
288.2 	responsible for investigating a report of maltreatment if a violation of a criminal statute is 
288.3 	alleged.
288.4 	(b) Law enforcement and the responsible agency must coordinate their investigations 
288.5 	or assessments as required under this chapter when the report alleges maltreatment that is 
288.6 	a violation of a criminal statute by a person who is a parent, guardian, sibling, person 
288.7 	responsible for the child's care functioning within the family unit, or person who lives in 
288.8 	the child's household and who has a significant relationship to the child, in a setting other 
288.9 	than a facility as defined in section 260E.03.

288.10 	Sec. 15. [260E.15] SCREENING GUIDELINES.
288.11 	(a) Child protection staff, supervisors, and others involved in child protection screening 
288.12 	shall follow the guidance provided in the maltreatment screening guidelines issued by the 
288.13 	commissioner and, when notified by the commissioner, shall immediately implement updated 
288.14 	procedures and protocols.
288.15 	(b) Any modification to the screening guidelines must be preapproved by the 
288.16 	commissioner and must not be less protective of children than is mandated by statute. The 
288.17 	county agency must consult with the county attorney before proposing modifications to the 
288.18 	commissioner. The guidelines may provide additional protection for children but must not 
288.19 	limit reports that are screened in or provide additional limits on consideration of reports 
288.20 	that were screened out in making a screening determination.

288.21 	Sec. 16. [260E.16] TIMELINE FOR SCREENING.
288.22 	(a) The local welfare agency shall determine if the report is to be screened in or out as 
288.23 	soon as possible but in no event longer than 24 hours after the report is received.
288.24 	(b) When determining whether a report will be screened in or out, the agency receiving 
288.25 	the report must consider, when relevant, all previous history, including reports that were 
288.26 	screened out. The agency may communicate with treating professionals and individuals 
288.27 	specified under section 260E.35, subdivision 4, paragraph (b).

288.28 	Sec. 17. [260E.17] RESPONSE PATH ASSIGNMENT.
288.29 		Subdivision 1.Local welfare agency. (a) Upon receipt of a report, the local welfare 
288.30 	agency shall determine whether to conduct a family assessment or an investigation as 
288.31 	appropriate to prevent or provide a remedy for maltreatment.
289.1 	(b) The local welfare agency shall conduct an investigation when the report involves 
289.2 	sexual abuse or substantial child endangerment.
289.3 	(c) The local welfare agency shall begin an immediate investigation if, at any time when 
289.4 	the local welfare agency is using a family assessment response, the local welfare agency 
289.5 	determines that there is reason to believe that sexual abuse or substantial child endangerment 
289.6 	or a serious threat to the child's safety exists.
289.7 	(d) The local welfare agency may conduct a family assessment for reports that do not 
289.8 	allege sexual abuse or substantial child endangerment. In determining that a family 
289.9 	assessment is appropriate, the local welfare agency may consider issues of child safety, 
289.10 	parental cooperation, and the need for an immediate response.
289.11 	(e) The local welfare agency may conduct a family assessment on a report that was 
289.12 	initially screened and assigned for an investigation. In determining that a complete 
289.13 	investigation is not required, the local welfare agency must document the reason for 
289.14 	terminating the investigation and notify the local law enforcement agency if the local law 
289.15 	enforcement agency is conducting a joint investigation.
289.16 		Subd. 2.Responsible social service agency. The responsible agency shall conduct an 
289.17 	investigation when the report alleges maltreatment in a facility required to be licensed or 
289.18 	certified under chapter 144H, 245A, 245D, or 245H; under sections 144.50 to 144.58 and 
289.19 	241.021; in a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 
289.20 	124E; or in a nonlicensed personal care provider association as defined in section 256B.0625, 
289.21 	subdivision 19a.

289.22 	Sec. 18. [260E.18] NOTICE TO CHILD'S TRIBE.
289.23 	The local welfare agency shall provide immediate notice, according to section 260.761, 
289.24 	subdivision 2, to an Indian child's tribe when the agency has reason to believe the family 
289.25 	assessment or investigation may involve an Indian child. For purposes of this section, 
289.26 	"immediate notice" means notice provided within 24 hours.

289.27 	Sec. 19. [260E.19] CONFLICT OF INTEREST.
289.28 	(a) A potential conflict of interest related to assisting in an investigation or assessment 
289.29 	under this chapter resulting in a direct or shared financial interest with a child maltreatment  
289.30 	treatment provider or resulting from a personal or family relationship with a party in the 
289.31 	investigation must be considered by the local welfare agency in an effort to prevent unethical 
289.32 	relationships.
290.1 	(b) A person who conducts an investigation or assessment under this chapter may not 
290.2 	have:
290.3 	(1) any direct or shared financial interest or referral relationship resulting in a direct 
290.4 	shared financial gain with a child maltreatment treatment provider; or
290.5 	(2) a personal or family relationship with a party in the assessment or investigation.
290.6 	(c) If an independent assessor is not available, the person responsible for making the 
290.7 	determination under this chapter may use the services of an assessor with a financial interest, 
290.8 	referral, or personal or family relationship.

290.9 	Sec. 20. [260E.20] AGENCY DUTIES REGARDING INVESTIGATION AND 
290.10 	ASSESSMENT.
290.11 		Subdivision 1.General duties. (a) The local welfare agency shall offer services to 
290.12 	prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child, 
290.13 	and supporting and preserving family life whenever possible.
290.14 	(b) If the report alleges a violation of a criminal statute involving maltreatment or child 
290.15 	endangerment under section 609.378, the local law enforcement agency and local welfare 
290.16 	agency shall coordinate the planning and execution of their respective investigation and 
290.17 	assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. 
290.18 	Each agency shall prepare a separate report of the results of the agency's investigation or 
290.19 	assessment.
290.20 	(c) In cases of alleged child maltreatment resulting in death, the local agency may rely 
290.21 	on the fact-finding efforts of a law enforcement investigation to make a determination of 
290.22 	whether or not maltreatment occurred.
290.23 	(d) When necessary, the local welfare agency shall seek authority to remove the child 
290.24 	from the custody of a parent, guardian, or adult with whom the child is living.
290.25 	(e) In performing any of these duties, the local welfare agency shall maintain an 
290.26 	appropriate record.
290.27 	(f) In conducting a family assessment or investigation, the local welfare agency shall 
290.28 	gather information on the existence of substance abuse and domestic violence.
290.29 	(g) If the family assessment or investigation indicates there is a potential for abuse of 
290.30 	alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 
290.31 	the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 
290.32 	Rules, part 9530.6615.
291.1 	(h) The agency may use either a family assessment or investigation to determine whether 
291.2 	the child is safe when responding to a report resulting from birth match data under section 
291.3 	260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined 
291.4 	to be safe, the agency shall consult with the county attorney to determine the appropriateness 
291.5 	of filing a petition alleging the child is in need of protection or services under section 
291.6 	260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is 
291.7 	determined not to be safe, the agency and the county attorney shall take appropriate action 
291.8 	as required under section 260C.503, subdivision 2.
291.9 		Subd. 2.Face-to-face contact. (a) Upon receipt of a screened in report, the local welfare 
291.10 	agency shall conduct a face-to-face contact with the child reported to be maltreated and 
291.11 	with the child's primary caregiver sufficient to complete a safety assessment and ensure the 
291.12 	immediate safety of the child.
291.13 	(b) The face-to-face contact with the child and primary caregiver shall occur immediately 
291.14 	if sexual abuse or substantial child endangerment is alleged and within five calendar days 
291.15 	for all other reports. If the alleged offender was not already interviewed as the primary 
291.16 	caregiver, the local welfare agency shall also conduct a face-to-face interview with the 
291.17 	alleged offender in the early stages of the assessment or investigation.
291.18 	(c) At the initial contact with the alleged offender, the local welfare agency or the agency 
291.19 	responsible for assessing or investigating the report must inform the alleged offender of the 
291.20 	complaints or allegations made against the individual in a manner consistent with laws 
291.21 	protecting the rights of the person who made the report. The interview with the alleged 
291.22 	offender may be postponed if it would jeopardize an active law enforcement investigation.
291.23 	(d) The local welfare agency or the agency responsible for assessing or investigating 
291.24 	the report must provide the alleged offender with an opportunity to make a statement. The 
291.25 	alleged offender may submit supporting documentation relevant to the assessment or 
291.26 	investigation.
291.27 		Subd. 3.Collection of information. (a) The local welfare agency responsible for 
291.28 	conducting a family assessment or investigation shall collect available and relevant 
291.29 	information to determine child safety, risk of subsequent maltreatment, and family strengths 
291.30 	and needs and share not public information with an Indian's tribal social services agency 
291.31 	without violating any law of the state that may otherwise impose a duty of confidentiality 
291.32 	on the local welfare agency in order to implement the tribal state agreement.
292.1 	(b) The local welfare agency or the agency responsible for investigating the report shall 
292.2 	collect available and relevant information to ascertain whether maltreatment occurred and 
292.3 	whether protective services are needed.
292.4 	(c) Information collected includes, when relevant, information with regard to the person 
292.5 	reporting the alleged maltreatment, including the nature of the reporter's relationship to the 
292.6 	child and to the alleged offender, and the basis of the reporter's knowledge for the report; 
292.7 	the child allegedly being maltreated; the alleged offender; the child's caretaker; and other 
292.8 	collateral sources having relevant information related to the alleged maltreatment.
292.9 	(d) Information relevant to the assessment or investigation must be asked for, and may 
292.10 	include:
292.11 	(1) the child's sex and age; prior reports of maltreatment, including any maltreatment 
292.12 	reports that were screened out and not accepted for assessment or investigation; information 
292.13 	relating to developmental functioning; credibility of the child's statement; and whether the 
292.14 	information provided under this clause is consistent with other information collected during 
292.15 	the course of the assessment or investigation;
292.16 	(2) the alleged offender's age, a record check for prior reports of maltreatment, and 
292.17 	criminal charges and convictions;
292.18 	(3) collateral source information regarding the alleged maltreatment and care of the 
292.19 	child. Collateral information includes, when relevant: (i) a medical examination of the child; 
292.20 	(ii) prior medical records relating to the alleged maltreatment or the care of the child 
292.21 	maintained by any facility, clinic, or health care professional and an interview with the 
292.22 	treating professionals; and (iii) interviews with the child's caretakers, including the child's 
292.23 	parent, guardian, foster parent, child care provider, teachers, counselors, family members, 
292.24 	relatives, and other persons who may have knowledge regarding the alleged maltreatment 
292.25 	and the care of the child; and
292.26 	(4) information on the existence of domestic abuse and violence in the home of the child, 
292.27 	and substance abuse.
292.28 	(e) Nothing in this subdivision precludes the local welfare agency, the local law 
292.29 	enforcement agency, or the agency responsible for assessing or investigating the report from 
292.30 	collecting other relevant information necessary to conduct the assessment or investigation.
292.31 	(f) Notwithstanding section 13.384 or 144.291 to 144.298, the local welfare agency has 
292.32 	access to medical data and records for purposes of paragraph (d), clause (3).
293.1 		Subd. 4.Consultation regarding alleged medical neglect. If the report alleges medical 
293.2 	neglect as defined in section 260C.007, subdivision 6, clause (5), the local welfare agency 
293.3 	shall, in addition to its other duties under this section, immediately consult with designated 
293.4 	hospital staff and with the parents of the infant to verify that appropriate nutrition, hydration, 
293.5 	and medication are being provided; and shall immediately secure an independent medical 
293.6 	review of the infant's medical charts and records and, if necessary, seek a court order for 
293.7 	an independent medical examination of the infant.
293.8 		Subd. 5.Law enforcement fact finding. If the report alleges maltreatment by a person 
293.9 	who is not a parent, guardian, sibling, person responsible for the child's care functioning 
293.10 	within the family unit, or a person who lives in the child's household and who has a 
293.11 	significant relationship to the child, in a setting other than a facility as defined in section 
293.12 	260E.03, the local welfare agency may rely on the fact-finding efforts of the law enforcement 
293.13 	investigation to make a determination whether or not threatened injury or other maltreatment 
293.14 	has occurred under section 260E.03, subdivision 12, if an alleged offender has minor children 
293.15 	or lives with minors.

293.16 	Sec. 21. [260E.21] SCREENED OUT REPORTS.
293.17 		Subdivision 1.Records. A report that is screened out must be maintained according to 
293.18 	section 260E.35, subdivision 6, paragraph (b).
293.19 		Subd. 2.Offer of social services. A local welfare agency or agency responsible for 
293.20 	investigating or assessing a report may use a screened out report for making an offer of 
293.21 	social services to the subjects of the screened out report.

293.22 	Sec. 22. [260E.22] INTERVIEWS.
293.23 		Subdivision 1.Authority to interview. (a) The agency responsible for assessing or 
293.24 	investigating reports of maltreatment has the authority to interview the child, the person or 
293.25 	persons responsible for the child's care, the alleged offender, and any other person with 
293.26 	knowledge of the maltreatment for the purpose of gathering facts, assessing safety and risk 
293.27 	to the child, and formulating a plan.
293.28 	(b) Authority of the local welfare agency responsible for assessing or investigating the 
293.29 	maltreatment report, the agency responsible for assessing or investigating the report, and 
293.30 	the local law enforcement agency responsible for investigating the alleged maltreatment 
293.31 	includes but is not limited to authority to interview, without parental consent, the alleged 
293.32 	victim and any other children who currently reside with or who have resided with the alleged 
293.33 	offender.
294.1 		Subd. 2.Interview procedure. (a) The interview may take place at school or at any 
294.2 	facility or other place where the alleged victim or other children might be found or the child 
294.3 	may be transported to, and the interview may be conducted at a place appropriate for the 
294.4 	interview of a child designated by the local welfare agency or law enforcement agency.
294.5 	(b) The interview may take place outside the presence of the alleged offender or parent, 
294.6 	legal custodian, guardian, or school official.
294.7 	(c) For a family assessment, it is the preferred practice to request a parent or guardian's 
294.8 	permission to interview the child before conducting the child interview, unless doing so 
294.9 	would compromise the safety assessment.
294.10 		Subd. 3.Notification after interview. (a) Except as provided in this subdivision, the 
294.11 	parent, legal custodian, or guardian shall be notified by the responsible agency or local law 
294.12 	enforcement agency no later than the conclusion of the investigation or assessment that this 
294.13 	interview has occurred.
294.14 	(b) Notwithstanding notice required under the Minnesota Rules of Juvenile Protection, 
294.15 	the juvenile court may, after hearing on an ex parte motion by the local welfare agency, 
294.16 	order that, where reasonable cause exists, the agency withhold notification of this interview 
294.17 	from the parent, legal custodian, or guardian. If the interview took place or is to take place 
294.18 	on school property, the order shall specify that school officials may not disclose to the 
294.19 	parent, legal custodian, or guardian the contents of the notification of intent to interview 
294.20 	the child on school property, as provided under this subdivision, and any other related 
294.21 	information regarding the interview that may be a part of the child's school record. A copy 
294.22 	of the order shall be sent by the local welfare or law enforcement agency to the appropriate 
294.23 	school official.
294.24 		Subd. 4.Tennessen notice not required. In conducting investigations and assessments 
294.25 	pursuant to this chapter, the notice required by section 13.04, subdivision 2, need not be 
294.26 	provided to a child under the age of ten who is the alleged victim of maltreatment.
294.27 		Subd. 5.Court order for interview. (a) Where the alleged offender or a person 
294.28 	responsible for the care of the alleged victim or other child prevents access to the victim or 
294.29 	other child by the local welfare agency, the juvenile court may order the parent, legal 
294.30 	custodian, or guardian to produce the alleged victim or other child for questioning by the 
294.31 	local welfare agency or the local law enforcement agency outside the presence of the alleged 
294.32 	offender or any person responsible for the child's care at reasonable places and times as 
294.33 	specified by court order.
295.1 	(b) Before making an order under paragraph (a), the court shall issue an order to show 
295.2 	cause, either upon its own motion or upon a verified petition, specifying the basis for the 
295.3 	requested interview and fixing the time and place of the hearing. The order to show cause 
295.4 	shall be served personally and shall be heard in the same manner as provided in other cases 
295.5 	in the juvenile court. The court shall consider the need for appointment of a guardian ad 
295.6 	litem to protect the best interests of the child. If appointed, the guardian ad litem shall be 
295.7 	present at the hearing on the order to show cause.
295.8 		Subd. 6.Interview format. (a) When conducting an investigation, the local welfare 
295.9 	agency shall use a question and answer interviewing format with questioning as nondirective 
295.10 	as possible to elicit spontaneous responses.
295.11 	(b) For investigations only, the following interviewing methods and procedures must 
295.12 	be used whenever possible when collecting information:
295.13 	(1) audio recording of all interviews with witnesses and collateral sources; and
295.14 	(2) in a case of alleged sexual abuse, audio-video recording of each interview with the 
295.15 	alleged victim and a child witness.
295.16 		Subd. 7.Interviews on school property. (a) When the local welfare agency, local law 
295.17 	enforcement agency, or the agency responsible for assessing or investigating a report of 
295.18 	maltreatment determines that an interview should take place on school property, written 
295.19 	notification of intent to interview the child on school property must be received by school 
295.20 	officials before the interview. The notification shall include the name of the child to be 
295.21 	interviewed, the purpose of the interview, and a reference to the statutory authority to conduct 
295.22 	an interview on school property. For an interview conducted by the local welfare agency, 
295.23 	the notification shall be signed by the chair of the local welfare agency or the chair's designee. 
295.24 	The notification shall be private data on individuals subject to the provisions of this 
295.25 	subdivision. School officials may not disclose to the parent, legal custodian, or guardian 
295.26 	the contents of the notification or any other related information regarding the interview until 
295.27 	notified in writing by the local welfare agency or local law enforcement agency that the 
295.28 	investigation or assessment has been concluded, unless a school employee or agent is alleged 
295.29 	to have maltreated the child. Until that time, the local welfare agency, local law enforcement 
295.30 	agency, or the agency responsible for assessing or investigating a report of maltreatment 
295.31 	shall be solely responsible for any disclosure regarding the nature of the assessment or 
295.32 	investigation.
295.33 	(b) Except where the alleged offender is believed to be a school official or employee, 
295.34 	the time, place, and manner of the interview on school premises shall be within the discretion 
296.1 	of school officials, but the local welfare agency or local law enforcement agency shall have 
296.2 	the exclusive authority to determine who may attend the interview. The conditions as to 
296.3 	time, place, and manner of the interview set by the school officials shall be reasonable, and 
296.4 	the interview shall be conducted not more than 24 hours after the receipt of the notification 
296.5 	unless another time is considered necessary by agreement between the school officials and 
296.6 	the local welfare agency or local law enforcement agency. Where the school fails to comply 
296.7 	with the provisions of this paragraph, the juvenile court may order the school to comply. 
296.8 	Every effort must be made to reduce the disruption of the educational program of the child, 
296.9 	other students, or school staff when an interview is conducted on school premises.

296.10 	Sec. 23. [260E.23] DOCUMENTING INTERVIEWS WITH CHILD 
296.11 	MALTREATMENT VICTIMS.
296.12 		Subdivision 1.Policy. It is the policy of this state to encourage adequate and accurate 
296.13 	documentation of the number and content of interviews conducted with alleged child 
296.14 	maltreatment victims during the course of a child maltreatment assessment or investigation, 
296.15 	criminal investigation, or prosecution, and to discourage interviews that are unnecessary, 
296.16 	duplicative, or otherwise not in the best interests of the child.
296.17 		Subd. 2.Definitions. As used in this section:
296.18 	(1) "government employee" means an employee of a state or local agency, and any 
296.19 	person acting as an agent of a state or local agency;
296.20 	(2) "interview" means a statement of an alleged maltreatment victim which is given or 
296.21 	made to a government employee during the course of a maltreatment assessment or 
296.22 	investigation, criminal investigation, or prosecution; and
296.23 	(3) "record" means an audio or video recording of an interview, or a written record of 
296.24 	an interview.
296.25 		Subd. 3.Record required. Whenever an interview is conducted, the interviewer must 
296.26 	make a record of the interview. The record must contain the following information:
296.27 	(1) the date, time, place, and duration of the interview;
296.28 	(2) the identity of the persons present at the interview; and
296.29 	(3) if the record is in writing, a summary of the information obtained during the interview.
296.30 		Subd. 4.Records maintained. The records shall be maintained by the interviewer in 
296.31 	accordance with applicable provisions of section 260E.35 and chapter 13.
297.1 		Subd. 5.Guidelines on tape recording of interviews. Every county attorney's office 
297.2 	shall be responsible for developing written guidelines on the tape recording of interviews 
297.3 	by government employees who conduct child maltreatment assessments or investigations, 
297.4 	criminal investigations, or prosecutions. The guidelines are public data as defined in section 
297.5 	13.02, subdivision 14.

297.6 	Sec. 24. [260E.24] CONCLUSION OF FAMILY ASSESSMENT OR FAMILY 
297.7 	INVESTIGATION BY LOCAL WELFARE AGENCY.
297.8 		Subdivision 1.Timing. The local welfare agency shall conclude the family assessment 
297.9 	or the investigation within 45 days of the receipt of a report. The conclusion of the assessment 
297.10 	or investigation may be extended to permit the completion of a criminal investigation or 
297.11 	the receipt of expert information requested within 45 days of the receipt of the report.
297.12 		Subd. 2.Determination after family assessment. After conducting a family assessment, 
297.13 	the local welfare agency shall determine whether child protective services are needed to 
297.14 	address the safety of the child and other family members and the risk of subsequent 
297.15 	maltreatment.
297.16 		Subd. 3.Determinations after family investigation. (a) After conducting an 
297.17 	investigation, the local welfare agency shall make two determinations: (1) whether 
297.18 	maltreatment occurred; and (2) whether child protective services are needed.
297.19 	(b) No determination of maltreatment shall be made when the alleged offender is a child 
297.20 	under the age of ten.
297.21 	(c) The local welfare agency or the agency responsible for investigating the report may 
297.22 	make a determination of no maltreatment early in an investigation, and close the case and 
297.23 	retain immunity, if the collected information shows no basis for a full investigation.
297.24 		Subd. 4.Child protective services. For the purposes of this chapter, except for section 
297.25 	260E.37, a determination that child protective services are needed means that the local 
297.26 	welfare agency documented conditions during the assessment or investigation sufficient to 
297.27 	cause a child protection worker, as defined in section 260E.37, to conclude that a child is 
297.28 	at significant risk of maltreatment if protective intervention is not provided and that the 
297.29 	individual or individuals responsible for the child's care have not taken or are not likely to 
297.30 	take action to protect the child from maltreatment or risk of maltreatment.
297.31 		Subd. 5.Notifications at conclusion of family investigation. (a) Within ten working 
297.32 	days of the conclusion of an investigation, the local welfare agency or agency responsible 
297.33 	for investigating the report shall notify the parent or guardian of the child and the person 
298.1 	determined to be maltreating the child, if not the parent or guardian of the child, of the 
298.2 	determination and a summary of the specific reasons for the determination.
298.3 	(b) The notice must include a certification that the information collection procedures 
298.4 	under section 260E.20 were followed and a notice of the right of a data subject to obtain 
298.5 	access to other private data on the subject collected, created, or maintained under this section.
298.6 	(c) In addition, the notice shall include the length of time that the records will be kept 
298.7 	under section 260E.35, subdivision 6. The investigating agency shall notify the parent or 
298.8 	guardian of the child who is the subject of the report, and any person determined to have 
298.9 	maltreated the child, of their appeal or review rights under this chapter.
298.10 	(d) The notice must also state that a finding of maltreatment may result in denial of a 
298.11 	license or certification application or background study disqualification under chapter 245C 
298.12 	related to employment or services that are licensed or certified by the Department of Human 
298.13 	Services under chapter 245A or 245H, the Department of Health under chapter 144 or 144A, 
298.14 	the Department of Corrections under section 241.021, and from providing services related 
298.15 	to an unlicensed personal care provider organization under chapter 256B.
298.16 		Subd. 6.Required referral to early intervention services. A child under age three 
298.17 	who is involved in a substantiated case of maltreatment shall be referred for screening under 
298.18 	the Individuals with Disabilities Education Act, part C. Parents must be informed that the 
298.19 	evaluation and acceptance of services are voluntary. The commissioner of human services 
298.20 	shall monitor referral rates by county and annually report the information to the legislature. 
298.21 	Refusal to have a child screened is not a basis for a child in need of protection or services 
298.22 	petition under chapter 260C.
298.23 		Subd. 7.Notification at conclusion of family assessment. Within ten working days of 
298.24 	the conclusion of a family assessment, the local welfare agency shall notify the parent or 
298.25 	guardian of the child of the need for services to address child safety concerns or significant 
298.26 	risk of subsequent maltreatment. The local welfare agency and the family may also jointly 
298.27 	agree that family support and family preservation services are needed.

298.28 	Sec. 25. [260E.25] PROVISION OF MEDICAL CARE.
298.29 	(a) If lack of medical care due to a parent's, guardian's, or caretaker's good faith selection 
298.30 	and dependence upon spiritual means or prayer for treatment or care of disease or remedial 
298.31 	care for the child in lieu of medical care may result in serious danger to the child's health, 
298.32 	the local welfare agency may ensure that necessary medical services are provided to the 
298.33 	child.
299.1 	(b) If the review or examination required under section 260E.20, subdivision 4, leads 
299.2 	to a conclusion of medical neglect, the agency shall intervene on behalf of the infant by 
299.3 	initiating legal proceedings under section 260C.141 and by filing an expedited motion to 
299.4 	prevent the withholding of medically indicated treatment.

299.5 	Sec. 26. [260E.26] PROVISION OF CHILD PROTECTIVE SERVICES.
299.6 	The local welfare agency shall create a written plan, in collaboration with the family 
299.7 	whenever possible, within 30 days of the determination that child protective services are 
299.8 	needed or upon joint agreement of the local welfare agency and the family that family 
299.9 	support and preservation services are needed. Child protective services for a family are 
299.10 	voluntary unless ordered by the court.

299.11 	Sec. 27. [260E.27] CONSULTATION WITH THE COUNTY ATTORNEY.
299.12 	The local welfare agency shall consult with the county attorney to determine the 
299.13 	appropriateness of filing a petition alleging the child is in need of protection or services 
299.14 	under section 260C.007, subdivision 6, if:
299.15 	(1) the family does not accept or comply with a plan for child protective services;
299.16 	(2) voluntary child protective services may not provide sufficient protection for the child; 
299.17 	or
299.18 	(3) the family is not cooperating with an investigation or assessment.

299.19 	Sec. 28. [260E.28] CONDUCTING INVESTIGATION IN FACILITY OR SCHOOL.
299.20 		Subdivision 1.Immediate investigation for alleged maltreatment in a facility. (a) 
299.21 	The commissioner of human services, health, or education, whichever is responsible for 
299.22 	investigating the report, shall immediately investigate if the report alleges that:
299.23 	(1) a child who is in the care of a facility as defined in section 260E.03 is the victim of 
299.24 	maltreatment in a facility by an individual in that facility or has been the victim of 
299.25 	maltreatment in a facility by an individual in that facility within the three years preceding 
299.26 	the report; or
299.27 	(2) a child is the victim of maltreatment in a facility by an individual in a facility defined 
299.28 	in section 260E.03, subdivision 6, while in the care of that facility within the three years 
299.29 	preceding the report.
299.30 	(b) The commissioner of the agency responsible for investigating the report shall arrange 
299.31 	for the transmittal to the commissioner of reports received by local agencies and may delegate 
300.1 	to a local welfare agency the duty to investigate reports. The commissioner of the agency 
300.2 	responsible for investigating the report or local welfare agency may interview any children 
300.3 	who are or have been in the care of a facility under investigation and the children's parents, 
300.4 	guardians, or legal custodians.
300.5 	(c) In conducting an investigation under this section, the commissioner has the powers 
300.6 	and duties specified for a local welfare agency under this chapter.
300.7 		Subd. 2.Preinterview notification for facility investigation. Before any interview 
300.8 	related to maltreatment in a facility under the provisions of section 260E.22, the 
300.9 	commissioner of the agency responsible for investigating the report or local welfare agency 
300.10 	shall notify the parent, guardian, or legal custodian of a child who will be interviewed in 
300.11 	the manner provided for in section 260E.22. If reasonable efforts to reach the parent, 
300.12 	guardian, or legal custodian of a child in an out-of-home placement have failed, the child 
300.13 	may be interviewed if there is reason to believe the interview is necessary to protect the 
300.14 	child or other children in the facility. The commissioner of the agency responsible for 
300.15 	assessing or investigating the report or local agency must provide the information required 
300.16 	in this subdivision to the parent, guardian, or legal custodian of a child interviewed without 
300.17 	parental notification as soon as possible after the interview. When the investigation is 
300.18 	completed, any parent, guardian, or legal custodian notified under this subdivision shall 
300.19 	receive the written memorandum provided for in section 260E.30, subdivision 5.
300.20 		Subd. 3.Facility records. The commissioner of human services, the ombudsman for 
300.21 	mental health and developmental disabilities, the local welfare agencies responsible for 
300.22 	investigating reports, the commissioner of education, and the local law enforcement agencies 
300.23 	have the right to enter a facility as defined in section 260E.03 and to inspect and copy the 
300.24 	facility's records, including medical records, as part of the investigation. Notwithstanding 
300.25 	the provisions of chapter 13, the commissioner of human services, the ombudsman for 
300.26 	mental health and developmental disabilities, the local welfare agencies responsible for 
300.27 	investigating reports, the commissioner of education, and the local law enforcement agencies 
300.28 	also have the right to inform the facility under investigation that an investigation is being 
300.29 	conducted, to disclose to the facility the names of the individuals under investigation for 
300.30 	maltreating a child, and to provide the facility with a copy of the report and the investigative 
300.31 	findings.
300.32 		Subd. 4.Access to information. In conducting investigations under this chapter, the 
300.33 	commissioner or local welfare agency shall obtain access to information consistent with 
300.34 	section 260E.20, subdivision 3. In conducting investigations under this section, the 
300.35 	commissioner of education shall obtain access to reports and investigative data that are 
301.1 	relevant to a report of maltreatment and are in the possession of a school facility as defined 
301.2 	in section 260E.03, subdivision 6, clause (2), notwithstanding the classification of the data 
301.3 	as educational or personnel data under chapter 13. This includes but is not limited to school 
301.4 	investigative reports, information concerning the conduct of school personnel alleged to 
301.5 	have committed maltreatment of students, information about witnesses, and any protective 
301.6 	or corrective action taken by the school facility regarding the school personnel alleged to 
301.7 	have committed maltreatment.
301.8 		Subd. 5.Investigation involving school facility. In conducting an investigation involving 
301.9 	a school facility as defined in section 260E.03, subdivision 6, clause (2), the commissioner 
301.10 	of education shall collect available and relevant information and use the procedures in 
301.11 	sections 260E.20, subdivisions 2 and 3, and 260E.22, except that the requirement for 
301.12 	face-to-face observation of the child and face-to-face interview of the alleged offender is 
301.13 	to occur in the initial stages of the investigation provided that the commissioner may also 
301.14 	base the investigation on investigative reports and data received from the school facility 
301.15 	and local law enforcement agency, to the extent those investigations satisfy the requirements 
301.16 	of sections 260E.20, subdivisions 2 and 3, and 260E.22.

301.17 	Sec. 29. [260E.29] NOTIFICATION REQUIREMENTS FOR SCHOOLS AND 
301.18 	FACILITIES.
301.19 		Subdivision 1.Notification requirements for school facility. (a) Notwithstanding 
301.20 	section 260E.09, the commissioner of education must inform the parent, guardian, or legal 
301.21 	custodian of the child who is the subject of a report of alleged maltreatment in a school 
301.22 	facility within ten days of receiving the report, either orally or in writing, whether the 
301.23 	commissioner is investigating the report of alleged maltreatment.
301.24 	(b) Regardless of whether a report is made under section 260E.09, as soon as practicable 
301.25 	after a school receives information regarding an incident that may constitute maltreatment 
301.26 	of a child in a school facility, the school shall inform the parent, legal guardian, or custodian 
301.27 	of the child that an incident occurred that may constitute maltreatment of the child, when 
301.28 	the incident occurred, and the nature of the conduct that may constitute maltreatment.
301.29 		Subd. 2.Notification requirements for other types of facilities. When a report is 
301.30 	received that alleges maltreatment of a child while in the care of a licensed or unlicensed 
301.31 	day care facility, residential facility, agency, hospital, sanitarium, or other facility or 
301.32 	institution required to be licensed or certified according to sections 144.50 to 144.58; 
301.33 	241.021; or 245A.01 to 245A.16; or chapter 144H, 245D, or 245H; or a school as defined 
301.34 	in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal 
302.1 	care provider organization as defined in section 256B.0625, subdivision 19a, the 
302.2 	commissioner of the agency responsible for investigating the report or local welfare agency 
302.3 	investigating the report shall provide the following information to the parent, guardian, or 
302.4 	legal custodian of a child alleged to have been the victim of maltreatment in the facility; 
302.5 	the name of the facility; the fact that a report alleging maltreatment in the facility has been 
302.6 	received; the nature of the alleged maltreatment in the facility; that the agency is conducting 
302.7 	an investigation; any protective or corrective measures being taken pending the outcome 
302.8 	of the investigation; and that a written memorandum will be provided when the investigation 
302.9 	is completed.
302.10 		Subd. 3.Discretionary notification. The commissioner of the agency responsible for  
302.11 	investigating the report or local welfare agency may also provide the information in 
302.12 	subdivision 2 to the parent, guardian, or legal custodian of any other child in the facility if 
302.13 	the investigative agency knows or has reason to believe the alleged maltreatment of a child 
302.14 	in the facility occurred. In determining whether to exercise this authority, the commissioner 
302.15 	of the agency responsible for investigating the report or local welfare agency shall consider 
302.16 	the seriousness of the alleged maltreatment of a child in the facility; the number of alleged 
302.17 	victims of maltreatment of a child in the facility; the number of alleged offenders; and the 
302.18 	length of the investigation. The facility shall be notified whenever this discretion is exercised.

302.19 	Sec. 30. [260E.30] CONCLUSION OF SCHOOL OR FACILITY INVESTIGATION.
302.20 		Subdivision 1.Investigation involving a school facility. If the commissioner of education 
302.21 	conducts an investigation, the commissioner shall determine whether maltreatment occurred 
302.22 	and what corrective or protective action was taken by the school facility. If a determination 
302.23 	is made that maltreatment occurred, the commissioner shall report to the employer, the 
302.24 	school board, and any appropriate licensing entity the determination that maltreatment 
302.25 	occurred and what corrective or protective action was taken by the school facility. In all 
302.26 	other cases, the commissioner shall inform the school board or employer that a report was 
302.27 	received; the subject of the report; the date of the initial report; the category of maltreatment 
302.28 	alleged as defined in section 260E.03, subdivision 12; the fact that maltreatment was not 
302.29 	determined; and a summary of the specific reasons for the determination.
302.30 		Subd. 2.Investigation involving a facility. (a) When maltreatment is determined in an 
302.31 	investigation involving a facility, the investigating agency shall also determine whether the 
302.32 	facility or individual was responsible, or whether both the facility and the individual were 
302.33 	responsible for the maltreatment using the mitigating factors in subdivision 4. Determinations 
303.1 	under this subdivision must be made based on a preponderance of the evidence and are 
303.2 	private data on individuals or nonpublic data as maintained by the commissioner of education.
303.3 	(b) Any operator, employee, or volunteer worker at any facility who intentionally 
303.4 	maltreats any child in the care of that facility may be charged with a violation of section 
303.5 	609.255, 609.377, or 609.378. Any operator of a facility who knowingly permits conditions 
303.6 	to exist that result in maltreatment of a child in a facility while in the care of that facility 
303.7 	may be charged with a violation of section 609.378. The facility operator shall inform all 
303.8 	mandated reporters employed by or otherwise associated with the facility of the duties 
303.9 	required of mandated reporters and shall inform all mandatory reporters of the prohibition 
303.10 	against retaliation for reports made in good faith under this section.
303.11 		Subd. 3.Nonmaltreatment mistake. (a) If paragraph (b) applies, rather than making a 
303.12 	determination of substantiated maltreatment by the individual, the commissioner of human 
303.13 	services shall determine that a nonmaltreatment mistake was made by the individual.
303.14 	(b) A nonmaltreatment mistake occurs when:
303.15 	(1) at the time of the incident, the individual was performing duties identified in the 
303.16 	center's child care program plan required under Minnesota Rules, part 9503.0045;
303.17 	(2) the individual has not been determined responsible for a similar incident that resulted 
303.18 	in a finding of maltreatment for at least seven years;
303.19 	(3) the individual has not been determined to have committed a similar nonmaltreatment 
303.20 	mistake under this paragraph for at least four years;
303.21 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
303.22 	remedies that are available over the counter, whether ordered by a medical professional or 
303.23 	not; and
303.24 	(5) except for the period when the incident occurred, the facility and the individual 
303.25 	providing services were both in compliance with all licensing requirements relevant to the 
303.26 	incident.
303.27 	(c) This subdivision only applies to child care centers licensed under Minnesota Rules, 
303.28 	chapter 9503.
303.29 		Subd. 4.Mitigating factors in investigating facilities. (a) When determining whether 
303.30 	the facility or individual is the responsible party, or whether both the facility and the 
303.31 	individual are responsible for determined maltreatment in a facility, the investigating agency 
303.32 	shall consider at least the following mitigating factors:
304.1 	(1) whether the actions of the facility or the individual caregivers were according to, 
304.2 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
304.3 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
304.4 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
304.5 	directive or knew or should have known of the errors and took no reasonable measures to 
304.6 	correct the defect before administering care;
304.7 	(2) comparative responsibility between the facility, other caregivers, and requirements 
304.8 	placed upon an employee, including the facility's compliance with related regulatory standards 
304.9 	and the adequacy of facility policies and procedures, facility training, an individual's 
304.10 	participation in the training, the caregiver's supervision, and facility staffing levels and the 
304.11 	scope of the individual employee's authority and discretion; and
304.12 	(3) whether the facility or individual followed professional standards in exercising 
304.13 	professional judgment.
304.14 	(b) The evaluation of the facility's responsibility under paragraph (a), clause (2), must 
304.15 	not be based on the completeness of the risk assessment or risk reduction plan required 
304.16 	under section 245A.66, but must be based on the facility's compliance with the regulatory 
304.17 	standards for policies and procedures, training, and supervision as cited in Minnesota Statutes 
304.18 	and Minnesota Rules.
304.19 	(c) Notwithstanding paragraphs (a) and (b), when maltreatment is determined to have 
304.20 	been committed by an individual who is also the facility license holder, both the individual 
304.21 	and the facility must be determined responsible for the maltreatment, and both the background 
304.22 	study disqualification standards under section 245C.15, subdivision 4, and the licensing or 
304.23 	certification actions under sections 245A.06, 245A.07, 245H.06, or 245H.07 apply.
304.24 		Subd. 5.Notification when school or facility investigation is completed. (a) When 
304.25 	the commissioner of the agency responsible for investigating the report or local welfare 
304.26 	agency has completed its investigation, every parent, guardian, or legal custodian previously 
304.27 	notified of the investigation by the commissioner or local welfare agency shall be provided 
304.28 	with the following information in a written memorandum: the name of the facility 
304.29 	investigated; the nature of the alleged maltreatment of a child in the facility; the investigator's 
304.30 	name; a summary of the investigation findings; a statement of whether maltreatment was 
304.31 	found; and the protective or corrective measures that are being or will be taken.
304.32 	(b) The memorandum shall be written in a manner that protects the identity of the reporter 
304.33 	and the child and shall not contain the name or, to the extent possible, reveal the identity 
304.34 	of the alleged offender or the identity of individuals interviewed during the investigation.
305.1 	(c) If maltreatment is determined to exist, the commissioner or local welfare agency 
305.2 	shall also provide the written memorandum to the parent, guardian, or legal custodian of 
305.3 	each child in the facility who had contact with the individual responsible for the maltreatment.
305.4 	(d) When the facility is the responsible party for maltreatment, the commissioner or 
305.5 	local welfare agency shall also provide the written memorandum to the parent, guardian, 
305.6 	or legal custodian of each child who received services in the population of the facility where 
305.7 	the maltreatment occurred.
305.8 	(e) This notification must be provided to the parent, guardian, or legal custodian of each 
305.9 	child receiving services from the time the maltreatment occurred until either the individual 
305.10 	responsible for maltreatment is no longer in contact with a child or children in the facility 
305.11 	or the conclusion of the investigation.
305.12 	(f) In the case of maltreatment within a school facility, as defined in section 120A.05, 
305.13 	subdivisions 9, 11, and 13, and chapter 124E, the commissioner of education need not 
305.14 	provide notification to parents, guardians, or legal custodians of each child in the facility, 
305.15 	but shall, within ten days after the investigation is completed, provide written notification 
305.16 	to the parent, guardian, or legal custodian of any student alleged to have been maltreated.
305.17 	(g) The commissioner of education may notify the parent, guardian, or legal custodian 
305.18 	of any student involved as a witness to alleged maltreatment.
305.19 		Subd. 6.Notification to parent, child, or offender following investigation. (a) Within 
305.20 	ten working days of the conclusion of an investigation, the local welfare agency or agency 
305.21 	responsible for investigating the report of maltreatment in a facility shall notify the parent 
305.22 	or guardian of the child, the person determined to be maltreating the child, and the director 
305.23 	of the facility of the determination and a summary of the specific reasons for the 
305.24 	determination.
305.25 	(b) When the investigation involves a child foster care setting that is monitored by a 
305.26 	private licensing agency under section 245A.16, the local welfare agency responsible for 
305.27 	investigating the report shall notify the private licensing agency of the determination and 
305.28 	shall provide a summary of the specific reasons for the determination. The notice to the 
305.29 	private licensing agency must include identifying private data, but not the identity of the 
305.30 	reporter of maltreatment.
305.31 	(c) The notice must also include a certification that the information collection procedures 
305.32 	under section 260E.20, subdivision 3, were followed and a notice of the right of a data 
305.33 	subject to obtain access to other private data on the subject collected, created, or maintained 
305.34 	under this section.
306.1 	(d) In addition, the notice shall include the length of time that the records will be kept 
306.2 	under section 260E.35, subdivision 6.
306.3 	(e) The investigating agency shall notify the parent or guardian of the child who is the 
306.4 	subject of the report, and any person or facility determined to have maltreated a child, of 
306.5 	their appeal or review rights under this section.
306.6 	(f) The notice must also state that a finding of maltreatment may result in denial of a 
306.7 	license or certification application or background study disqualification under chapter 245C 
306.8 	related to employment or services that are licensed by the Department of Human Services 
306.9 	under chapter 245A or 245H, the Department of Health under chapter 144 or 144A, the 
306.10 	Department of Corrections under section 241.021, and from providing services related to 
306.11 	an unlicensed personal care provider organization under chapter 256B.

306.12 	Sec. 31. [260E.31] REPORTING OF PRENATAL EXPOSURE TO CONTROLLED 
306.13 	SUBSTANCES.
306.14 		Subdivision 1.Reports required. (a) Except as provided in paragraph (b), a person 
306.15 	mandated to report under this chapter shall immediately report to the local welfare agency 
306.16 	if the person knows or has reason to believe that a woman is pregnant and has used a 
306.17 	controlled substance for a nonmedical purpose during the pregnancy, including but not 
306.18 	limited to tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy 
306.19 	in any way that is habitual or excessive.
306.20 	(b) A health care professional or a social service professional who is mandated to report 
306.21 	under this chapter is exempt from reporting under paragraph (a) a woman's use or 
306.22 	consumption of tetrahydrocannabinol or alcoholic beverages during pregnancy if the 
306.23 	professional is providing the woman with prenatal care or other health care services.
306.24 	(c) Any person may make a voluntary report if the person knows or has reason to believe 
306.25 	that a woman is pregnant and has used a controlled substance for a nonmedical purpose 
306.26 	during the pregnancy, including but not limited to tetrahydrocannabinol, or has consumed 
306.27 	alcoholic beverages during the pregnancy in any way that is habitual or excessive.
306.28 	(d) An oral report shall be made immediately by telephone or otherwise. An oral report 
306.29 	made by a person required to report shall be followed within 72 hours, exclusive of weekends 
306.30 	and holidays, by a report in writing to the local welfare agency. Any report shall be of 
306.31 	sufficient content to identify the pregnant woman, the nature and extent of the use, if known, 
306.32 	and the name and address of the reporter. The local welfare agency shall accept a report 
307.1 	made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the 
307.2 	reporter's name or address as long as the report is otherwise sufficient.
307.3 	(e) For purposes of this section, "prenatal care" means the comprehensive package of 
307.4 	medical and psychological support provided throughout the pregnancy.
307.5 		Subd. 2.Local welfare agency. Upon receipt of a report of prenatal exposure to a 
307.6 	controlled substance required under subdivision 1, the local welfare agency shall immediately 
307.7 	conduct an appropriate assessment and offer services indicated under the circumstances. 
307.8 	Services offered may include but are not limited to a referral for chemical dependency 
307.9 	assessment, a referral for chemical dependency treatment if recommended, and a referral 
307.10 	for prenatal care. The local welfare agency may also take any appropriate action under 
307.11 	chapter 253B, including seeking an emergency admission under section 253B.051. The 
307.12 	local welfare agency shall seek an emergency admission under section 253B.051 if the 
307.13 	pregnant woman refuses recommended voluntary services or fails recommended treatment.
307.14 		Subd. 3.Related provisions. Reports under this section are governed by sections 
307.15 	260E.05, 260E.06, 260E.34, and 260E.35.
307.16 		Subd. 4.Controlled substances. For purposes of this section and section 260E.32, 
307.17 	"controlled substance" means a controlled substance listed in section 253B.02, subdivision 
307.18 	2.

307.19 	Sec. 32. [260E.32] TOXICOLOGY TESTS REQUIRED.
307.20 		Subdivision 1.Test; report. (a) A physician shall administer a toxicology test to a 
307.21 	pregnant woman under the physician's care or to a woman under the physician's care within 
307.22 	eight hours after delivery to determine whether there is evidence that she has ingested a 
307.23 	controlled substance, if the woman has obstetrical complications that are a medical indication 
307.24 	of possible use of a controlled substance for a nonmedical purpose.
307.25 	(b) If the test results are positive, the physician shall report the results under section 
307.26 	260E.31. A negative test result does not eliminate the obligation to report under section 
307.27 	260E.31 if other evidence gives the physician reason to believe the patient has used a 
307.28 	controlled substance for a nonmedical purpose.
307.29 		Subd. 2.Newborns. (a) A physician shall administer to each newborn infant born under 
307.30 	the physician's care a toxicology test to determine whether there is evidence of prenatal 
307.31 	exposure to a controlled substance, if the physician has reason to believe based on a medical 
307.32 	assessment of the mother or the infant that the mother used a controlled substance for a 
307.33 	nonmedical purpose during the pregnancy.
308.1 	(b) If the test results are positive, the physician shall report the results as neglect under 
308.2 	section 260E.03. A negative test result does not eliminate the obligation to report under this 
308.3 	chapter if other medical evidence of prenatal exposure to a controlled substance is present.
308.4 		Subd. 3.Report to Department of Health. Physicians shall report to the Department 
308.5 	of Health the results of tests performed under subdivisions 1 and 2. A report shall be made 
308.6 	on the certificate of live birth medical supplement or the report of fetal death medical 
308.7 	supplement filed on or after February 1, 1991. The reports are medical data under section 
308.8 	13.384.
308.9 		Subd. 4.Reliability of tests. A positive test result reported under this section must be 
308.10 	obtained from a confirmatory test performed by a drug testing laboratory that meets the 
308.11 	requirements of section 181.953 and must be performed according to the requirements for 
308.12 	performance of confirmatory tests imposed by the licensing, accreditation, or certification 
308.13 	program listed in section 181.953, subdivision 1, in which the laboratory participates.

308.14 	Sec. 33. [260E.33] RECONSIDERATION AND APPEAL OF MALTREATMENT 
308.15 	DETERMINATION FOLLOWING INVESTIGATION.
308.16 		Subdivision 1.Following family assessment. Administrative reconsideration is not 
308.17 	applicable in a family assessment since no determination concerning maltreatment is made.
308.18 		Subd. 2.Request for reconsideration. (a) Except as provided under subdivision 5, an 
308.19 	individual or facility that the commissioner of human services, a local welfare agency, or 
308.20 	the commissioner of education determines has maltreated a child, an interested person acting 
308.21 	on behalf of the child, regardless of the determination, who contests the investigating agency's 
308.22 	final determination regarding maltreatment, may request the investigating agency to 
308.23 	reconsider its final determination regarding maltreatment. The request for reconsideration 
308.24 	must be submitted in writing to the investigating agency within 15 calendar days after receipt 
308.25 	of notice of the final determination regarding maltreatment or, if the request is made by an 
308.26 	interested person who is not entitled to notice, within 15 days after receipt of the notice by 
308.27 	the parent or guardian of the child. If mailed, the request for reconsideration must be 
308.28 	postmarked and sent to the investigating agency within 15 calendar days of the individual's 
308.29 	or facility's receipt of the final determination. If the request for reconsideration is made by 
308.30 	personal service, it must be received by the investigating agency within 15 calendar days 
308.31 	after the individual's or facility's receipt of the final determination.
308.32 	(b) An individual who was determined to have maltreated a child under this chapter and 
308.33 	who was disqualified on the basis of serious or recurring maltreatment under sections 
308.34 	245C.14 and 245C.15 may request reconsideration of the maltreatment determination and 
309.1 	the disqualification. The request for reconsideration of the maltreatment determination and 
309.2 	the disqualification must be submitted within 30 calendar days of the individual's receipt 
309.3 	of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request 
309.4 	for reconsideration of the maltreatment determination and the disqualification must be 
309.5 	postmarked and sent to the investigating agency within 30 calendar days of the individual's 
309.6 	receipt of the maltreatment determination and notice of disqualification. If the request for 
309.7 	reconsideration is made by personal service, it must be received by the investigating agency 
309.8 	within 30 calendar days after the individual's receipt of the notice of disqualification.
309.9 		Subd. 3.Request for fair hearing. (a) Except as provided under subdivisions 5 and 6, 
309.10 	if the investigating agency denies the request or fails to act upon the request within 15 
309.11 	working days after receiving the request for reconsideration, the person or facility entitled 
309.12 	to a fair hearing under section 256.045 may submit to the commissioner of human services 
309.13 	or the commissioner of education a written request for a hearing under section 256.045. 
309.14 	Section 256.045 also governs hearings requested to contest a final determination of the 
309.15 	commissioner of education. The investigating agency shall notify persons who request 
309.16 	reconsideration of their rights under this paragraph. The hearings specified under this section 
309.17 	are the only administrative appeal of a decision issued under subdivision 2. Determinations 
309.18 	under this section are not subject to accuracy and completeness challenges under section 
309.19 	13.04.
309.20 	(b) Except as provided under subdivision 6, if an individual or facility contests the 
309.21 	investigating agency's final determination regarding maltreatment by requesting a fair 
309.22 	hearing under section 256.045, the commissioner of human services shall ensure that the 
309.23 	hearing is conducted and a decision is reached within 90 days of receipt of the request for 
309.24 	a hearing. The time for action on the decision may be extended for as many days as the 
309.25 	hearing is postponed or the record is held open for the benefit of either party.
309.26 		Subd. 4.Change of maltreatment determination. If, as a result of a reconsideration 
309.27 	or fair hearing, the investigating agency changes the determination of maltreatment, that 
309.28 	agency shall notify every parent, guardian, or legal custodian previously notified of the 
309.29 	investigation, the commissioner of the agency responsible for assessing or investigating the 
309.30 	report, the local welfare agency, and, if applicable, the director of the facility and the private 
309.31 	licensing agency.
309.32 		Subd. 5.Consolidation. If an individual was disqualified under sections 245C.14 and 
309.33 	245C.15 on the basis of a determination of maltreatment which was serious or recurring, 
309.34 	and the individual requested reconsideration of the maltreatment determination under 
309.35 	subdivision 2 and requested reconsideration of the disqualification under sections 245C.21 
310.1 	to 245C.27, reconsideration of the maltreatment determination and reconsideration of the 
310.2 	disqualification shall be consolidated into a single fair hearing. If reconsideration of the 
310.3 	maltreatment determination is denied and the individual remains disqualified following a 
310.4 	reconsideration decision, the individual may request a fair hearing under section 256.045. 
310.5 	If an individual requests a fair hearing on the maltreatment determination and the 
310.6 	disqualification, the scope of the fair hearing shall include both the maltreatment 
310.7 	determination and the disqualification.
310.8 		Subd. 6.Contested case hearing. If a maltreatment determination or a disqualification 
310.9 	based on serious or recurring maltreatment is the basis for a denial of a license under section 
310.10 	245A.05 or a licensing sanction under section 245A.07, the license holder has the right to 
310.11 	a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 
310.12 	1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested 
310.13 	case hearing shall include the maltreatment determination, disqualification, and licensing 
310.14 	sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment 
310.15 	determination and disqualification shall not be conducted under section 256.045. Except 
310.16 	for family child care and child foster care, reconsideration of a maltreatment determination 
310.17 	as provided under this subdivision, and reconsideration of a disqualification as provided 
310.18 	under section 245C.22, shall also not be conducted when:
310.19 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
310.20 	245A.07 is based on a determination that the license holder is responsible for maltreatment 
310.21 	or the disqualification of a license holder based on serious or recurring maltreatment;
310.22 	(2) the denial of a license or licensing sanction is issued at the same time as the 
310.23 	maltreatment determination or disqualification; and
310.24 	(3) the license holder appeals the maltreatment determination or disqualification and 
310.25 	denial of a license or licensing sanction.
310.26 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
310.27 	determination or disqualification, but does not appeal the denial of a license or a licensing 
310.28 	sanction, reconsideration of the maltreatment determination shall be conducted under 
310.29 	subdivision 2 and section 626.557, subdivision 9d, and reconsideration of the disqualification 
310.30 	shall be conducted under section 245C.22. In such cases, a fair hearing shall also be 
310.31 	conducted as provided under subdivision 2 and sections 245C.27 and 626.557, subdivision 
310.32 	9d.
310.33 	If the disqualified subject is an individual other than the license holder and upon whom 
310.34 	a background study must be conducted under chapter 245C, the hearings of all parties may 
311.1 	be consolidated into a single contested case hearing upon consent of all parties and the 
311.2 	administrative law judge.
311.3 		Subd. 7.Process for correction order or decertification. If a maltreatment determination 
311.4 	is the basis for a correction order under section 245H.06 or decertification under section 
311.5 	245H.07, the certification holder has the right to request reconsideration under sections 
311.6 	245H.06 and 245H.07. If the certification holder appeals the maltreatment determination 
311.7 	or disqualification, but does not appeal the correction order or decertification, reconsideration 
311.8 	of the maltreatment determination shall be conducted under subdivision 2 and reconsideration 
311.9 	of the disqualification shall be conducted under section 245C.22.

311.10 	Sec. 34. [260E.34] IMMUNITY.
311.11 	(a) The following persons are immune from any civil or criminal liability that otherwise 
311.12 	might result from the person's actions, if the person is acting in good faith:
311.13 	(1) a person making a voluntary or mandated report under this chapter or assisting in an 
311.14 	assessment under this chapter;
311.15 	(2) a person with responsibility for performing duties under this section or supervisor 
311.16 	employed by a local welfare agency, the commissioner of an agency responsible for operating 
311.17 	or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital, 
311.18 	sanitarium, or other facility or institution required to be licensed or certified under sections 
311.19 	144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; or a school as 
311.20 	defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed 
311.21 	personal care provider organization as defined in section 256B.0625, subdivision 19a, 
311.22 	complying with sections 260E.23, subdivisions 2 and 3, and 260E.30; and
311.23 	(3) a public or private school, facility as defined in section 260E.03, or the employee of 
311.24 	any public or private school or facility who permits access by a local welfare agency, the 
311.25 	Department of Education, or a local law enforcement agency and assists in an investigation 
311.26 	or assessment pursuant to this chapter.
311.27 	(b) A person who is a supervisor or person with responsibility for performing duties 
311.28 	under this chapter employed by a local welfare agency, the commissioner of human services, 
311.29 	or the commissioner of education complying with this chapter or any related rule or provision 
311.30 	of law is immune from any civil or criminal liability that might otherwise result from the 
311.31 	person's actions, if the person is (1) acting in good faith and exercising due care, or (2) 
311.32 	acting in good faith and following the information collection procedures established under 
311.33 	section 260E.20, subdivision 3.
312.1 	(c) Any physician or other medical personnel administering a toxicology test under 
312.2 	section 260E.32 to determine the presence of a controlled substance in a pregnant woman, 
312.3 	in a woman within eight hours after delivery, or in a child at birth or during the first month 
312.4 	of life is immune from civil or criminal liability arising from administration of the test, if 
312.5 	the physician ordering the test believes in good faith that the test is required under this 
312.6 	section and the test is administered in accordance with an established protocol and reasonable 
312.7 	medical practice.
312.8 	(d) This section does not provide immunity to any person for failure to make a required 
312.9 	report or for committing maltreatment.
312.10 	(e) If a person who makes a voluntary or mandatory report under section 260E.06 prevails 
312.11 	in a civil action from which the person has been granted immunity under this section, the 
312.12 	court may award the person attorney fees and costs.

312.13 	Sec. 35. [260E.35] DATA PRACTICES.
312.14 		Subdivision 1.Maintaining data. Notwithstanding the data's classification in the 
312.15 	possession of any other agency, data acquired by the local welfare agency or the agency 
312.16 	responsible for assessing or investigating the report during the course of the assessment or 
312.17 	investigation are private data on individuals and must be maintained according to this section.
312.18 		Subd. 2.Data collected during investigation of maltreatment in school. (a) Data of 
312.19 	the commissioner of education collected or maintained during and for the purpose of an 
312.20 	investigation of alleged maltreatment in a school are governed by this chapter, 
312.21 	notwithstanding the data's classification as educational, licensing, or personnel data under 
312.22 	chapter 13.
312.23 	(b) In conducting an investigation involving a school facility as defined in section 
312.24 	260E.03, subdivision 6, clause (2), the commissioner of education shall collect investigative 
312.25 	reports and data that are relevant to a report of maltreatment from local law enforcement 
312.26 	and the school facility.
312.27 		Subd. 3.Classification and release of data. (a) A written copy of a report maintained 
312.28 	by personnel of agencies, other than welfare or law enforcement agencies, which are subject 
312.29 	to chapter 13 shall be confidential. An individual subject of the report may obtain access 
312.30 	to the original report as provided by paragraphs (g) to (o).
312.31 	(b) All reports and records created, collected, or maintained under this chapter by a local 
312.32 	welfare agency or law enforcement agency may be disclosed to a local welfare or other 
312.33 	child welfare agency of another state when the agency certifies that:
313.1 	(1) the reports and records are necessary to conduct an investigation of actions that would 
313.2 	qualify as maltreatment under this chapter; and
313.3 	(2) the reports and records will be used only for purposes of a child protection assessment 
313.4 	or investigation and will not be further disclosed to any other person or agency.
313.5 	(c) The local social service agency or law enforcement agency in this state shall keep a 
313.6 	record of all records or reports disclosed pursuant to this subdivision and of any agency to 
313.7 	which the records or reports are disclosed. If in any case records or reports are disclosed 
313.8 	before a determination is made under section 260E.24, subdivision 3, paragraph (a), or a 
313.9 	disposition of a criminal proceeding is reached, the local social service agency or law 
313.10 	enforcement agency in this state shall forward the determination or disposition to any agency 
313.11 	that has received a report or record under this subdivision.
313.12 	(d) The responsible authority of a local welfare agency or the responsible authority's 
313.13 	designee may release private or confidential data on an active case involving assessment 
313.14 	or investigation of actions that are defined as maltreatment under this chapter to a court 
313.15 	services agency if:
313.16 	(1) the court services agency has an active case involving a common client who is the 
313.17 	subject of the data; and
313.18 	(2) the data are necessary for the court services agency to effectively process the court 
313.19 	services agency's case, including investigating or performing other duties relating to the 
313.20 	case required by law.
313.21 	(e) The data disclosed under paragraph (d) may be used only for purposes of the active 
313.22 	court services case described in paragraph (d), clause (1), and may not be further disclosed 
313.23 	to any other person or agency, except as authorized by law.
313.24 	(f) Records maintained under subdivision 4, paragraph (b), may be shared with another 
313.25 	local welfare agency that requests the information because it is conducting an assessment 
313.26 	or investigation under this section of the subject of the records.
313.27 	(g) Except as provided in paragraphs (b), (h), (i), (o), and (p); subdivision 1; and sections 
313.28 	260E.22, subdivision 2; and 260E.23, all records concerning individuals maintained by a 
313.29 	local welfare agency or agency responsible for assessing or investigating the report under 
313.30 	this chapter, including any written reports filed under sections 260E.06 and 260E.09, shall 
313.31 	be private data on individuals, except insofar as copies of reports are required by section 
313.32 	260E.12, subdivision 1 or 2, to be sent to the local police department or the county sheriff.
314.1 	(h) All records concerning determinations of maltreatment by a facility are nonpublic 
314.2 	data as maintained by the Department of Education, except insofar as copies of reports are 
314.3 	required by section 260E.12, subdivision 1 or 2, to be sent to the local police department 
314.4 	or the county sheriff.
314.5 	(i) Reports maintained by any police department or the county sheriff shall be private 
314.6 	data on individuals, except the reports shall be made available to the investigating, petitioning, 
314.7 	or prosecuting authority, including a county medical examiner or county coroner.
314.8 	(j) Section 13.82, subdivisions 8, 9, and 14, apply to law enforcement data other than 
314.9 	the reports.
314.10 	(k) The local welfare agency or agency responsible for assessing or investigating the 
314.11 	report shall make available to the investigating, petitioning, or prosecuting authority, 
314.12 	including a county medical examiner or county coroner or a professional delegate, any 
314.13 	records that contain information relating to a specific incident of maltreatment that is under 
314.14 	investigation, petition, or prosecution and information relating to any prior incident of 
314.15 	maltreatment involving any of the same persons. The records shall be collected and 
314.16 	maintained according to chapter 13.
314.17 	(l) An individual subject of a record shall have access to the record according to those 
314.18 	sections, except that the name of the reporter shall be confidential while the report is under 
314.19 	assessment or investigation except as otherwise permitted by this section.
314.20 	(m) Any person conducting an investigation or assessment under this section who 
314.21 	intentionally discloses the identity of a reporter before the completion of the investigation 
314.22 	or assessment is guilty of a misdemeanor. After the assessment or investigation is completed, 
314.23 	the name of the reporter shall be confidential. The subject of the report may compel disclosure 
314.24 	of the name of the reporter only with the consent of the reporter or upon a written finding 
314.25 	by the court that the report was false and that there is evidence that the report was made in 
314.26 	bad faith. This subdivision does not alter disclosure responsibilities or obligations under 
314.27 	the Rules of Criminal Procedure.
314.28 	(n) Upon request of the legislative auditor, data on individuals maintained under this 
314.29 	chapter must be released to the legislative auditor in order for the auditor to fulfill the 
314.30 	auditor's duties under section 3.971. The auditor shall maintain the data according to chapter 
314.31 	13.
314.32 	(o) Active law enforcement investigative data received by a local welfare agency or 
314.33 	agency responsible for assessing or investigating the report under this chapter are confidential 
315.1 	data on individuals. When this data become inactive in the law enforcement agency, the 
315.2 	data are private data on individuals.
315.3 	(p) Section 13.03, subdivision 4, applies to data received by the commissioner of 
315.4 	education from a licensing entity.
315.5 		Subd. 4.Data disclosed to reporter. (a) A local welfare or child protection agency, or 
315.6 	the agency responsible for assessing or investigating the report of maltreatment, shall provide 
315.7 	relevant private data on individuals obtained under this chapter to a mandated reporter who 
315.8 	made the report and who has an ongoing responsibility for the health, education, or welfare 
315.9 	of a child affected by the data, unless the agency determines that providing the data would 
315.10 	not be in the best interests of the child.
315.11 	(b) The agency may provide the data to other mandated reporters with ongoing 
315.12 	responsibility for the health, education, or welfare of the child. Mandated reporters with 
315.13 	ongoing responsibility for the health, education, or welfare of a child affected by the data 
315.14 	include the child's teachers or other appropriate school personnel, foster parents, health care 
315.15 	providers, respite care workers, therapists, social workers, child care providers, residential 
315.16 	care staff, crisis nursery staff, probation officers, and court services personnel. Under this 
315.17 	chapter, a mandated reporter need not have made the report to be considered a person with 
315.18 	ongoing responsibility for the health, education, or welfare of a child affected by the data. 
315.19 	Data provided under this chapter must be limited to data pertinent to the individual's 
315.20 	responsibility for caring for the child.
315.21 	(c) A reporter who receives private data on individuals under this subdivision must treat 
315.22 	the data according to that classification, regardless of whether the reporter is an employee 
315.23 	of a government entity. The remedies and penalties under sections 13.08 and 13.09 apply 
315.24 	if a reporter releases data in violation of this chapter or other law.
315.25 		Subd. 5.Data provided to commissioner of education. The commissioner of education 
315.26 	must be provided with all requested data that are relevant to a report of maltreatment and 
315.27 	are in possession of a school facility as defined in section 260E.03, subdivision 6, clause 
315.28 	(2), when the data are requested pursuant to an assessment or investigation of a maltreatment 
315.29 	report of a student in a school. If the commissioner of education makes a determination of 
315.30 	maltreatment involving an individual performing work within a school facility who is 
315.31 	licensed by a board or other agency, the commissioner shall provide a copy of its offender 
315.32 	maltreatment determination report to the licensing entity with all student-identifying 
315.33 	information removed. The offender maltreatment determination report shall include but is 
315.34 	not limited to the following sections: report of alleged maltreatment; legal standard; 
316.1 	investigation; summary of findings; determination; corrective action by a school; 
316.2 	reconsideration process; and a listing of records related to the investigation. Notwithstanding 
316.3 	section 13.03, subdivision 4, data received by a licensing entity under this paragraph are 
316.4 	governed by section 13.41 or other applicable law governing data of the receiving entity, 
316.5 	except that this section applies to the classification of and access to data on the reporter of 
316.6 	the maltreatment.
316.7 		Subd. 6.Data retention. (a) Notwithstanding sections 138.163 and 138.17, a record 
316.8 	maintained or a record derived from a report of maltreatment by a local welfare agency, 
316.9 	agency responsible for assessing or investigating the report, court services agency, or school 
316.10 	under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible 
316.11 	authority.
316.12 	(b) For a report alleging maltreatment that was not accepted for assessment or 
316.13 	investigation, a family assessment case, and a case where an investigation results in no 
316.14 	determination of maltreatment or the need for child protective services, the record must be 
316.15 	maintained for a period of five years after the date the report was not accepted for assessment 
316.16 	or investigation or the date of the final entry in the case record. A record of a report that 
316.17 	was not accepted must contain sufficient information to identify the subjects of the report, 
316.18 	the nature of the alleged maltreatment, and the reasons as to why the report was not accepted. 
316.19 	Records under this paragraph may not be used for employment, background checks, or 
316.20 	purposes other than to assist in future screening decisions and risk and safety assessments.
316.21 	(c) All records relating to reports that, upon investigation, indicate either maltreatment 
316.22 	or a need for child protective services shall be maintained for ten years after the date of the 
316.23 	final entry in the case record.
316.24 	(d) All records regarding a report of maltreatment, including a notification of intent to 
316.25 	interview that was received by a school under section 260E.22, subdivision 7, shall be 
316.26 	destroyed by the school when ordered to do so by the agency conducting the assessment or 
316.27 	investigation. The agency shall order the destruction of the notification when other records 
316.28 	relating to the report under investigation or assessment are destroyed under this subdivision.
316.29 	(e) Private or confidential data released to a court services agency under subdivision 3, 
316.30 	paragraph (d), must be destroyed by the court services agency when ordered to do so by the 
316.31 	local welfare agency that released the data. The local welfare agency or agency responsible 
316.32 	for assessing or investigating the report shall order destruction of the data when other records 
316.33 	relating to the assessment or investigation are destroyed under this subdivision.
317.1 		Subd. 7.Disclosure to public. (a) Notwithstanding any other provision of law and 
317.2 	subject to this subdivision, a public agency shall disclose to the public, upon request, the 
317.3 	findings and information related to a child fatality or near fatality if:
317.4 	(1) a person is criminally charged with having caused the child fatality or near fatality;
317.5 	(2) a county attorney certifies that a person would have been charged with having caused 
317.6 	the child fatality or near fatality but for that person's death; or
317.7 	(3) a child protection investigation resulted in a determination of maltreatment.
317.8 	(b) Findings and information disclosed under this subdivision consist of a written 
317.9 	summary that includes any of the following information the agency is able to provide:
317.10 	(1) the cause and circumstances regarding the child fatality or near fatality;
317.11 	(2) the age and gender of the child;
317.12 	(3) information on any previous reports of maltreatment that are pertinent to the 
317.13 	maltreatment that led to the child fatality or near fatality;
317.14 	(4) information on any previous investigations that are pertinent to the maltreatment that 
317.15 	led to the child fatality or near fatality;
317.16 	(5) the result of any investigations described in clause (4);
317.17 	(6) actions of and services provided by the local welfare agency on behalf of a child that 
317.18 	are pertinent to the maltreatment that led to the child fatality or near fatality; and
317.19 	(7) the result of any review of the state child mortality review panel, a local child mortality 
317.20 	review panel, a local community child protection team, or any public agency.
317.21 	(c) Nothing in this subdivision authorizes access to the private data in the custody of a 
317.22 	local welfare agency, or the disclosure to the public of the records or content of any 
317.23 	psychiatric, psychological, or therapeutic evaluation, or the disclosure of information that 
317.24 	would reveal the identities of persons who provided information related to maltreatment of 
317.25 	the child.
317.26 	(d) A person whose request is denied may apply to the appropriate court for an order 
317.27 	compelling disclosure of all or part of the findings and information of the public agency. 
317.28 	The application must set forth, with reasonable particularity, factors supporting the 
317.29 	application. The court has jurisdiction to issue these orders. Actions under this chapter must 
317.30 	be set down for immediate hearing, and subsequent proceedings in those actions must be 
317.31 	given priority by the appellate courts.
318.1 	(e) A public agency or its employees acting in good faith in disclosing or declining to 
318.2 	disclose information under this chapter are immune from criminal or civil liability that might 
318.3 	otherwise be incurred or imposed for that action.
318.4 		Subd. 8.Disclosure not required. When interviewing a child under this chapter, an 
318.5 	individual does not include the parent or guardian of the child for purposes of section 13.04, 
318.6 	subdivision 2, when the parent or guardian is the alleged offender.

318.7 	Sec. 36. [260E.36] SPECIALIZED TRAINING AND EDUCATION REQUIRED.
318.8 		Subdivision 1.Job classification; continuing education. (a) The commissioner of 
318.9 	human services, for employees subject to the Minnesota Merit System, and directors of 
318.10 	county personnel systems, for counties not subject to the Minnesota Merit System, shall 
318.11 	establish a job classification consisting exclusively of persons with the specialized knowledge, 
318.12 	skills, and experience required to satisfactorily perform child protection duties pursuant to 
318.13 	this chapter.
318.14 	(b) All child protection workers or social services staff having responsibility for child 
318.15 	protection duties under this chapter shall receive 15 hours of continuing education or 
318.16 	in-service training each year relevant to providing child protective services. The local welfare  
318.17 	agency shall maintain a record of training completed by each employee having responsibility 
318.18 	for performing child protection duties.
318.19 		Subd. 2.Child protection worker foundation education. An individual who seeks 
318.20 	employment as a child protection worker after the commissioner of human services has 
318.21 	implemented the foundation training program developed under section 260E.37 must 
318.22 	complete competency-based foundation training during their first six months of employment 
318.23 	as a child protection worker.
318.24 		Subd. 3.Background studies. (a) County employees hired on or after July 1, 2015, who 
318.25 	have responsibility for child protection duties or current county employees who are assigned 
318.26 	new child protection duties on or after July 1, 2015, are required to undergo a background 
318.27 	study. A county may complete these background studies by either:
318.28 	(1) use of the Department of Human Services NETStudy 2.0 system according to sections 
318.29 	245C.03 and 245C.10; or
318.30 	(2) an alternative process defined by the county.
318.31 	(b) County social services agencies and local welfare agencies must initiate background 
318.32 	studies before an individual begins a position allowing direct contact with persons served 
318.33 	by the agency.
319.1 		Subd. 4.Joint training. The commissioners of human services and public safety shall 
319.2 	cooperate in the development of a joint program for training child maltreatment services 
319.3 	professionals in the appropriate techniques for child maltreatment assessment and 
319.4 	investigation. The program shall include but need not be limited to the following areas:
319.5 	(1) the public policy goals of the state as set forth in section 260C.001 and the role of 
319.6 	the assessment or investigation in meeting these goals;
319.7 	(2) the special duties of child protection workers and law enforcement officers under 
319.8 	this chapter;
319.9 	(3) the appropriate methods for directing and managing affiliated professionals who 
319.10 	may be utilized in providing protective services and strengthening family ties;
319.11 	(4) the appropriate methods for interviewing alleged victims of child maltreatment and 
319.12 	other children in the course of performing an assessment or an investigation;
319.13 	(5) the dynamics of child maltreatment within family systems and the appropriate methods 
319.14 	for interviewing parents in the course of the assessment or investigation, including training 
319.15 	in recognizing cases in which one of the parents is a victim of domestic abuse and in need 
319.16 	of special legal or medical services;
319.17 	(6) the legal, evidentiary considerations that may be relevant to the conduct of an 
319.18 	assessment or an investigation;
319.19 	(7) the circumstances under which it is appropriate to remove the alleged offender or 
319.20 	the alleged victim from the home;
319.21 	(8) the protective social services that are available to protect alleged victims from further 
319.22 	maltreatment, to prevent child maltreatment and domestic abuse, and to preserve the family 
319.23 	unit; and training in the preparation of case plans to coordinate services for the alleged child 
319.24 	victim with services for any parents who are victims of domestic abuse;
319.25 	(9) the methods by which child protection workers and law enforcement workers 
319.26 	cooperate in conducting assessments and investigations in order to avoid duplication of 
319.27 	efforts; and
319.28 	(10) appropriate methods for interviewing alleged victims and conducting investigations 
319.29 	in cases where the alleged victim is developmentally, physically, or mentally disabled.
319.30 		Subd. 5.Priority training. The commissioners of human services and public safety 
319.31 	shall provide the program courses described in subdivision 2 at convenient times and 
319.32 	locations in the state. The commissioners shall give training priority in the program areas 
320.1 	cited in subdivision 2 to persons currently performing assessments and investigations 
320.2 	pursuant to this chapter.
320.3 		Subd. 6.Revenue. (a) The commissioner of human services shall add the following 
320.4 	funds to the funds appropriated under section 260E.37, subdivision 2, to develop and support 
320.5 	training.
320.6 	(b) The commissioner of human services shall submit claims for federal reimbursement 
320.7 	earned through the activities and services supported through Department of Human Services 
320.8 	child protection or child welfare training funds. Federal revenue earned must be used to 
320.9 	improve and expand training services by the department. The department expenditures 
320.10 	eligible for federal reimbursement under this section must not be made from federal funds 
320.11 	or funds used to match other federal funds.
320.12 	(c) Each year, the commissioner of human services shall withhold from funds distributed 
320.13 	to each county under Minnesota Rules, parts 9550.0300 to 9550.0370, an amount equivalent 
320.14 	to 1.5 percent of each county's annual title XX allocation under section 256M.50. The 
320.15 	commissioner must use these funds to ensure decentralization of training.
320.16 	(d) The federal revenue under this subdivision is available for these purposes until the 
320.17 	funds are expended.

320.18 	Sec. 37. [260E.37] CHILD PROTECTION WORKERS; TRAINING.
320.19 		Subdivision 1.Definitions. (a) As used in this section, the following terms have the 
320.20 	meanings given unless the specific context indicates otherwise.
320.21 	(b) "Advanced training" means training provided to a local child protection worker after 
320.22 	the person has performed an initial six months of employment as a child protection worker.
320.23 	(c) "Child protection agency" means an agency authorized to receive reports, conduct 
320.24 	assessments and investigations, and make determinations pursuant to this chapter.
320.25 	(d) "Child protection services" means the receipt and assessment of reports of 
320.26 	maltreatment and the provision of services to families and children when maltreatment has 
320.27 	occurred or when there is risk of maltreatment. These services include:
320.28 	(1) the assessment of risk to a child alleged to have been maltreated;
320.29 	(2) interviews of any person alleged to have maltreated a child and the child or children 
320.30 	involved in the report, and interviews with persons having facts or knowledge necessary to 
320.31 	assess the level of risk to a child and the need for protective intervention;
320.32 	(3) the gathering of written or evidentiary materials;
321.1 	(4) the recording of case findings and determinations; and
321.2 	(5) other actions required by this chapter, administrative rule, or agency policy.
321.3 	(e) "Competency-based training" means a course of instruction that provides both 
321.4 	information and skills practice, which is based upon clearly stated and measurable 
321.5 	instructional objectives, and which requires demonstration of the achievement of a particular 
321.6 	standard of skills and knowledge for satisfactory completion.
321.7 	(f) "Foundation training" means training provided to a local child protection worker 
321.8 	after the person has begun to perform child protection duties, but before the expiration of 
321.9 	six months of employment as a child protection worker. This foundation training must occur 
321.10 	during the performance of job duties and must include an evaluation of the employee's 
321.11 	application of skills and knowledge.
321.12 		Subd. 2.Training program; development. The commissioner of human services shall 
321.13 	develop a program of competency-based foundation and advanced training for child 
321.14 	protection workers if funds are appropriated to the commissioner for this purpose.

321.15 	Sec. 38. [260E.38] AUDIT.
321.16 		Subdivision 1.Audit required. The commissioner shall regularly audit for accuracy 
321.17 	the data reported by counties on maltreatment of children.
321.18 		Subd. 2.Audit procedure. The commissioner shall develop a plan to perform quality 
321.19 	assurance reviews of local welfare agency screening practices and decisions. The 
321.20 	commissioner shall provide oversight and guidance to counties to ensure consistent 
321.21 	application of screening guidelines, thorough and appropriate screening decisions, and 
321.22 	correct documentation and maintenance of reports.
321.23 		Subd. 3.Report required. The commissioner shall produce an annual report of the 
321.24 	summary results of the reviews. The report must only contain aggregate data and may not 
321.25 	include any data that could be used to personally identify any subject whose data is included 
321.26 	in the report. The report is public information and must be provided to the chairs and ranking 
321.27 	minority members of the legislative committees having jurisdiction over child protection 
321.28 	issues.

321.29 	Sec. 39. REPEALER.
 321.30 	(a) Minnesota Statutes 2018, sections 626.556, subdivisions 1, 3, 3a, 3c, 3d, 3f, 4, 4a, 
321.31 	5, 6, 6a, 7, 7a, 8, 9, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, 10m, 10n, 
322.1 	11a, 11b, 11c, 11d, 12, 14, 15, and 16; 626.5561; 626.5562; 626.558; 626.559, subdivisions 
322.2 	1, 1a, 1b, 2, 3, and 5; 626.5591; and 626.561, are repealed.
322.3 	(b) Minnesota Statutes 2019 Supplement, section 626.556, subdivisions 2, 3b, 3e, 10, 
322.4 	and 11, are repealed.

322.5 	ARTICLE 8
322.6 	MALTREATMENT OF MINORS ACT CONFORMING CHANGES

322.7 	Section 1. Minnesota Statutes 2018, section 13.32, subdivision 3, is amended to read:
322.8 		Subd. 3.Private data; when disclosure is permitted. Except as provided in subdivision 
322.9 	5, educational data is private data on individuals and shall not be disclosed except as follows:
322.10 	(a) pursuant to section 13.05;
322.11 	(b) pursuant to a valid court order;
322.12 	(c) pursuant to a statute specifically authorizing access to the private data;
322.13 	(d) to disclose information in health, including mental health, and safety emergencies 
322.14 	pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I) and Code 
322.15 	of Federal Regulations, title 34, section 99.36;
322.16 	(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), 
322.17 	(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, 
322.18 	title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
322.19 	(f) to appropriate health authorities to the extent necessary to administer immunization 
322.20 	programs and for bona fide epidemiologic investigations which the commissioner of health 
322.21 	determines are necessary to prevent disease or disability to individuals in the public 
322.22 	educational agency or institution in which the investigation is being conducted;
322.23 	(g) when disclosure is required for institutions that participate in a program under title 
322.24 	IV of the Higher Education Act, United States Code, title 20, section 1092;
322.25 	(h) to the appropriate school district officials to the extent necessary under subdivision 
322.26 	6, annually to indicate the extent and content of remedial instruction, including the results 
322.27 	of assessment testing and academic performance at a postsecondary institution during the 
322.28 	previous academic year by a student who graduated from a Minnesota school district within 
322.29 	two years before receiving the remedial instruction;
322.30 	(i) to appropriate authorities as provided in United States Code, title 20, section 
322.31 	1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the 
323.1 	system to effectively serve, prior to adjudication, the student whose records are released; 
323.2 	provided that the authorities to whom the data are released submit a written request for the 
323.3 	data that certifies that the data will not be disclosed to any other person except as authorized 
323.4 	by law without the written consent of the parent of the student and the request and a record 
323.5 	of the release are maintained in the student's file;
323.6 	(j) to volunteers who are determined to have a legitimate educational interest in the data 
323.7 	and who are conducting activities and events sponsored by or endorsed by the educational 
323.8 	agency or institution for students or former students;
323.9 	(k) to provide student recruiting information, from educational data held by colleges 
323.10 	and universities, as required by and subject to Code of Federal Regulations, title 32, section 
323.11 	216;
323.12 	(l) to the juvenile justice system if information about the behavior of a student who poses 
323.13 	a risk of harm is reasonably necessary to protect the health or safety of the student or other 
323.14 	individuals;
323.15 	(m) with respect to Social Security numbers of students in the adult basic education 
323.16 	system, to Minnesota State Colleges and Universities and the Department of Employment 
323.17 	and Economic Development for the purpose and in the manner described in section 124D.52, 
323.18 	subdivision 7;
323.19 	(n) to the commissioner of education for purposes of an assessment or investigation of 
323.20 	a report of alleged maltreatment of a student as mandated by section 626.556 chapter 260E. 
323.21 	Upon request by the commissioner of education, data that are relevant to a report of 
323.22 	maltreatment and are from charter school and school district investigations of alleged 
323.23 	maltreatment of a student must be disclosed to the commissioner, including, but not limited 
323.24 	to, the following:
323.25 	(1) information regarding the student alleged to have been maltreated;
323.26 	(2) information regarding student and employee witnesses;
323.27 	(3) information regarding the alleged perpetrator; and
323.28 	(4) what corrective or protective action was taken, if any, by the school facility in response 
323.29 	to a report of maltreatment by an employee or agent of the school or school district;
323.30 	(o) when the disclosure is of the final results of a disciplinary proceeding on a charge 
323.31 	of a crime of violence or nonforcible sex offense to the extent authorized under United 
323.32 	States Code, title 20, section 1232g(b)(6)(A) and (B) and Code of Federal Regulations, title 
323.33 	34, sections 99.31 (a)(13) and (14);
324.1 	(p) when the disclosure is information provided to the institution under United States 
324.2 	Code, title 42, section 14071, concerning registered sex offenders to the extent authorized 
324.3 	under United States Code, title 20, section 1232g(b)(7); or
324.4 	(q) when the disclosure is to a parent of a student at an institution of postsecondary 
324.5 	education regarding the student's violation of any federal, state, or local law or of any rule 
324.6 	or policy of the institution, governing the use or possession of alcohol or of a controlled 
324.7 	substance, to the extent authorized under United States Code, title 20, section 1232g(i), and 
324.8 	Code of Federal Regulations, title 34, section 99.31 (a)(15), and provided the institution 
324.9 	has an information release form signed by the student authorizing disclosure to a parent. 
324.10 	The institution must notify parents and students about the purpose and availability of the 
324.11 	information release forms. At a minimum, the institution must distribute the information 
324.12 	release forms at parent and student orientation meetings.

324.13 	Sec. 2. Minnesota Statutes 2018, section 13.3805, subdivision 3, is amended to read:
324.14 		Subd. 3.Office of Health Facility Complaints; investigative data. Except for 
324.15 	investigative data under section 626.556 chapter 260E, all investigative data maintained by 
324.16 	the Department of Health's Office of Health Facility Complaints are subject to provisions 
324.17 	of and classified pursuant to section 626.557, subdivision 12b, paragraphs (b) to (d). 
324.18 	Notwithstanding sections 626.556, subdivision 11, 260E.21, subdivision 4; 260E.35; and 
324.19 	626.557, subdivision 12b, paragraph (b), data identifying an individual substantiated as the 
324.20 	perpetrator are public data. For purposes of this subdivision, an individual is substantiated 
324.21 	as the perpetrator if the commissioner of health determines that the individual is the 
324.22 	perpetrator and the determination of the commissioner is upheld after the individual either 
324.23 	exercises applicable administrative appeal rights or fails to exercise these rights within the 
324.24 	time allowed by law.

324.25 	Sec. 3. Minnesota Statutes 2018, section 13.43, subdivision 14, is amended to read:
324.26 		Subd. 14.Maltreatment data. (a) When a report of alleged maltreatment of a student 
324.27 	in a school facility, as defined in section 626.556, subdivision 2, paragraph (c) 260E.03, 
324.28 	subdivision 6, is made to the commissioner of education under section 626.556 chapter 
324.29 	260E, data that are relevant to a report of maltreatment and are collected by the school 
324.30 	facility about the person alleged to have committed maltreatment must be provided to the 
324.31 	commissioner of education upon request for purposes of an assessment or investigation of 
324.32 	the maltreatment report. Data received by the commissioner of education pursuant to these 
324.33 	assessments or investigations are classified under section 626.556 chapter 260E.
325.1 	(b) Personnel data may be released for purposes of providing information to a parent, 
325.2 	legal guardian, or custodian of a child under section 626.556, subdivision 7 260E.15.

325.3 	Sec. 4. Minnesota Statutes 2019 Supplement, section 13.46, subdivision 3, is amended to 
325.4 	read:
325.5 		Subd. 3.Investigative data. (a) Data on persons, including data on vendors of services, 
325.6 	licensees, and applicants that is collected, maintained, used, or disseminated by the welfare 
325.7 	system in an investigation, authorized by statute, and relating to the enforcement of rules 
325.8 	or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or 
325.9 	protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and 
325.10 	shall not be disclosed except:
325.11 	(1) pursuant to section 13.05;
325.12 	(2) pursuant to statute or valid court order;
325.13 	(3) to a party named in a civil or criminal proceeding, administrative or judicial, for 
325.14 	preparation of defense;
325.15 	(4) to an agent of the welfare system or an investigator acting on behalf of a county, 
325.16 	state, or federal government, including a law enforcement officer or attorney in the 
325.17 	investigation or prosecution of a criminal, civil, or administrative proceeding, unless the 
325.18 	commissioner of human services determines that disclosure may compromise a Department 
325.19 	of Human Services ongoing investigation; or
325.20 	(5) to provide notices required or permitted by statute.
325.21 	The data referred to in this subdivision shall be classified as public data upon submission 
325.22 	to an administrative law judge or court in an administrative or judicial proceeding. Inactive 
325.23 	welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
325.24 	(b) Notwithstanding any other provision in law, the commissioner of human services 
325.25 	shall provide all active and inactive investigative data, including the name of the reporter 
325.26 	of alleged maltreatment under section 626.556 or 626.557 or chapter 260E, to the ombudsman 
325.27 	for mental health and developmental disabilities upon the request of the ombudsman.
325.28 	(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation 
325.29 	by the commissioner of human services of possible overpayments of public funds to a service 
325.30 	provider or recipient may be disclosed if the commissioner determines that it will not 
325.31 	compromise the investigation.

326.1 	Sec. 5. Minnesota Statutes 2019 Supplement, section 13.46, subdivision 4, is amended to 
326.2 	read:
326.3 		Subd. 4.Licensing data. (a) As used in this subdivision:
326.4 	(1) "licensing data" are all data collected, maintained, used, or disseminated by the 
326.5 	welfare system pertaining to persons licensed or registered or who apply for licensure or 
326.6 	registration or who formerly were licensed or registered under the authority of the 
326.7 	commissioner of human services;
326.8 	(2) "client" means a person who is receiving services from a licensee or from an applicant 
326.9 	for licensure; and
326.10 	(3) "personal and personal financial data" are Social Security numbers, identity of and 
326.11 	letters of reference, insurance information, reports from the Bureau of Criminal 
326.12 	Apprehension, health examination reports, and social/home studies.
326.13 	(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license 
326.14 	holders, and former licensees are public: name, address, telephone number of licensees, 
326.15 	date of receipt of a completed application, dates of licensure, licensed capacity, type of 
326.16 	client preferred, variances granted, record of training and education in child care and child 
326.17 	development, type of dwelling, name and relationship of other family members, previous 
326.18 	license history, class of license, the existence and status of complaints, and the number of 
326.19 	serious injuries to or deaths of individuals in the licensed program as reported to the 
326.20 	commissioner of human services, the local social services agency, or any other county 
326.21 	welfare agency. For purposes of this clause, a serious injury is one that is treated by a 
326.22 	physician.
326.23 	(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine, 
326.24 	an order of license suspension, an order of temporary immediate suspension, an order of 
326.25 	license revocation, an order of license denial, or an order of conditional license has been 
326.26 	issued, or a complaint is resolved, the following data on current and former licensees and 
326.27 	applicants are public: the general nature of the complaint or allegations leading to the 
326.28 	temporary immediate suspension; the substance and investigative findings of the licensing 
326.29 	or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence 
326.30 	of settlement negotiations; the record of informal resolution of a licensing violation; orders 
326.31 	of hearing; findings of fact; conclusions of law; specifications of the final correction order, 
326.32 	fine, suspension, temporary immediate suspension, revocation, denial, or conditional license 
326.33 	contained in the record of licensing action; whether a fine has been paid; and the status of 
326.34 	any appeal of these actions.
327.1 	(iii) When a license denial under section 245A.05 or a sanction under section 245A.07 
327.2 	is based on a determination that a license holder, applicant, or controlling individual is 
327.3 	responsible for maltreatment under section 626.556 or 626.557 or chapter 260E, the identity 
327.4 	of the applicant, license holder, or controlling individual as the individual responsible for 
327.5 	maltreatment is public data at the time of the issuance of the license denial or sanction.
327.6 	(iv) When a license denial under section 245A.05 or a sanction under section 245A.07 
327.7 	is based on a determination that a license holder, applicant, or controlling individual is 
327.8 	disqualified under chapter 245C, the identity of the license holder, applicant, or controlling 
327.9 	individual as the disqualified individual and the reason for the disqualification are public 
327.10 	data at the time of the issuance of the licensing sanction or denial. If the applicant, license 
327.11 	holder, or controlling individual requests reconsideration of the disqualification and the 
327.12 	disqualification is affirmed, the reason for the disqualification and the reason to not set aside 
327.13 	the disqualification are public data.
327.14 	(v) A correction order or fine issued to a child care provider for a licensing violation is 
327.15 	private data on individuals under section 13.02, subdivision 12, or nonpublic data under 
327.16 	section 13.02, subdivision 9, if the correction order or fine is seven years old or older.
327.17 	(2) For applicants who withdraw their application prior to licensure or denial of a license, 
327.18 	the following data are public: the name of the applicant, the city and county in which the 
327.19 	applicant was seeking licensure, the dates of the commissioner's receipt of the initial 
327.20 	application and completed application, the type of license sought, and the date of withdrawal 
327.21 	of the application.
327.22 	(3) For applicants who are denied a license, the following data are public: the name and 
327.23 	address of the applicant, the city and county in which the applicant was seeking licensure, 
327.24 	the dates of the commissioner's receipt of the initial application and completed application, 
327.25 	the type of license sought, the date of denial of the application, the nature of the basis for 
327.26 	the denial, the existence of settlement negotiations, the record of informal resolution of a 
327.27 	denial, orders of hearings, findings of fact, conclusions of law, specifications of the final 
327.28 	order of denial, and the status of any appeal of the denial.
327.29 	(4) When maltreatment is substantiated under section 626.556 or626.557or chapter 
327.30 	260E and the victim and the substantiated perpetrator are affiliated with a program licensed 
327.31 	under chapter 245A, the commissioner of human services, local social services agency, or 
327.32 	county welfare agency may inform the license holder where the maltreatment occurred of 
327.33 	the identity of the substantiated perpetrator and the victim.
328.1 	(5) Notwithstanding clause (1), for child foster care, only the name of the license holder 
328.2 	and the status of the license are public if the county attorney has requested that data otherwise 
328.3 	classified as public data under clause (1) be considered private data based on the best interests 
328.4 	of a child in placement in a licensed program.
328.5 	(c) The following are private data on individuals under section 13.02, subdivision 12, 
328.6 	or nonpublic data under section 13.02, subdivision 9: personal and personal financial data 
328.7 	on family day care program and family foster care program applicants and licensees and 
328.8 	their family members who provide services under the license.
328.9 	(d) The following are private data on individuals: the identity of persons who have made 
328.10 	reports concerning licensees or applicants that appear in inactive investigative data, and the 
328.11 	records of clients or employees of the licensee or applicant for licensure whose records are 
328.12 	received by the licensing agency for purposes of review or in anticipation of a contested 
328.13 	matter. The names of reporters of complaints or alleged violations of licensing standards 
328.14 	under chapters 245A, 245B, 245C, and 245D, and applicable rules and alleged maltreatment 
328.15 	under sections 626.556 and section 626.557 and chapter 260E, are confidential data and 
328.16 	may be disclosed only as provided in section 626.556, subdivision 11,section 260E.21, 
328.17 	subdivision 4; 260E.35; or 626.557, subdivision 12b.
328.18 	(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this 
328.19 	subdivision become public data if submitted to a court or administrative law judge as part 
328.20 	of a disciplinary proceeding in which there is a public hearing concerning a license which 
328.21 	has been suspended, immediately suspended, revoked, or denied.
328.22 	(f) Data generated in the course of licensing investigations that relate to an alleged 
328.23 	violation of law are investigative data under subdivision 3.
328.24 	(g) Data that are not public data collected, maintained, used, or disseminated under this 
328.25 	subdivision that relate to or are derived from a report as defined in section 626.556, 
328.26 	subdivision 2 260E.03, or 626.5572, subdivision 18, are subject to the destruction provisions 
328.27 	of sections 626.556, subdivision 11c 260E.35, subdivision 6, and 626.557, subdivision 12b.
328.28 	(h) Upon request, not public data collected, maintained, used, or disseminated under 
328.29 	this subdivision that relate to or are derived from a report of substantiated maltreatment as 
328.30 	defined in section 626.556 or626.557or chapter 260E may be exchanged with the 
328.31 	Department of Health for purposes of completing background studies pursuant to section 
328.32 	144.057 and with the Department of Corrections for purposes of completing background 
328.33 	studies pursuant to section 241.021.
329.1 	(i) Data on individuals collected according to licensing activities under chapters 245A
329.2 	and 245C, data on individuals collected by the commissioner of human services according 
329.3 	to investigations under section 626.557 and chapters 245A, 245B, 245C, and245D, and 
329.4 	sections 626.556 and 626.557 260E may be shared with the Department of Human Rights, 
329.5 	the Department of Health, the Department of Corrections, the ombudsman for mental health 
329.6 	and developmental disabilities, and the individual's professional regulatory board when 
329.7 	there is reason to believe that laws or standards under the jurisdiction of those agencies may 
329.8 	have been violated or the information may otherwise be relevant to the board's regulatory 
329.9 	jurisdiction. Background study data on an individual who is the subject of a background 
329.10 	study under chapter 245C for a licensed service for which the commissioner of human 
329.11 	services is the license holder may be shared with the commissioner and the commissioner's 
329.12 	delegate by the licensing division. Unless otherwise specified in this chapter, the identity 
329.13 	of a reporter of alleged maltreatment or licensing violations may not be disclosed.
329.14 	(j) In addition to the notice of determinations required under section 626.556, subdivision 
329.15 	10f,sections 260E.24, subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), 
329.16 	(c), (d), (e), and (f), if the commissioner or the local social services agency has determined 
329.17 	that an individual is a substantiated perpetrator of maltreatment of a child based on sexual 
329.18 	abuse, as defined in section 626.556, subdivision 2 260E.03, and the commissioner or local 
329.19 	social services agency knows that the individual is a person responsible for a child's care 
329.20 	in another facility, the commissioner or local social services agency shall notify the head 
329.21 	of that facility of this determination. The notification must include an explanation of the 
329.22 	individual's available appeal rights and the status of any appeal. If a notice is given under 
329.23 	this paragraph, the government entity making the notification shall provide a copy of the 
329.24 	notice to the individual who is the subject of the notice.
329.25 	(k) All not public data collected, maintained, used, or disseminated under this subdivision 
329.26 	and subdivision 3 may be exchanged between the Department of Human Services, Licensing 
329.27 	Division, and the Department of Corrections for purposes of regulating services for which 
329.28 	the Department of Human Services and the Department of Corrections have regulatory 
329.29 	authority.

329.30 	Sec. 6. Minnesota Statutes 2018, section 13.82, subdivision 8, is amended to read:
329.31 		Subd. 8.Child abuse identity data. Active or inactive investigative data that identify 
329.32 	a victim of child abuse or neglect reported under section 626.556 chapter 260E are private 
329.33 	data on individuals. Active or inactive investigative data that identify a reporter of child 
329.34 	abuse or neglect under section 626.556 chapter 260E are confidential data on individuals, 
330.1 	unless the subject of the report compels disclosure under section 626.556, subdivision 11
330.2 	sections 260E.21, subdivision 4, or 260E.35.

330.3 	Sec. 7. Minnesota Statutes 2018, section 13.82, subdivision 9, is amended to read:
330.4 		Subd. 9.Inactive child abuse data. Investigative data that become inactive under 
330.5 	subdivision 7, clause (a) or (b), and that relate to the alleged abuse or neglect of a child by 
330.6 	a person responsible for the child's care, as defined in section 626.556, subdivision 2 260E.03, 
330.7 	are private data.

330.8 	Sec. 8. Minnesota Statutes 2018, section 13.82, subdivision 17, is amended to read:
330.9 		Subd. 17.Protection of identities. A law enforcement agency or a law enforcement 
330.10 	dispatching agency working under direction of a law enforcement agency shall withhold 
330.11 	public access to data on individuals to protect the identity of individuals in the following 
330.12 	circumstances:
330.13 	(a) when access to the data would reveal the identity of an undercover law enforcement 
330.14 	officer, as provided in section 13.43, subdivision 5;
330.15 	(b) when access to the data would reveal the identity of a victim or alleged victim of 
330.16 	criminal sexual conduct or sex trafficking under section 609.322, 609.341 to 609.3451, or 
330.17 	617.246, subdivision 2;
330.18 	(c) when access to the data would reveal the identity of a paid or unpaid informant being 
330.19 	used by the agency if the agency reasonably determines that revealing the identity of the 
330.20 	informant would threaten the personal safety of the informant;
330.21 	(d) when access to the data would reveal the identity of a victim of or witness to a crime 
330.22 	if the victim or witness specifically requests not to be identified publicly, unless the agency 
330.23 	reasonably determines that revealing the identity of the victim or witness would not threaten 
330.24 	the personal safety or property of the individual;
330.25 	(e) when access to the data would reveal the identity of a deceased person whose body 
330.26 	was unlawfully removed from a cemetery in which it was interred;
330.27 	(f) when access to the data would reveal the identity of a person who placed a call to a 
330.28 	911 system or the identity or telephone number of a service subscriber whose phone is used 
330.29 	to place a call to the 911 system and: (1) the agency determines that revealing the identity 
330.30 	may threaten the personal safety or property of any person; or (2) the object of the call is 
330.31 	to receive help in a mental health emergency. For the purposes of this paragraph, a voice 
330.32 	recording of a call placed to the 911 system is deemed to reveal the identity of the caller;
331.1 	(g) when access to the data would reveal the identity of a juvenile witness and the agency 
331.2 	reasonably determines that the subject matter of the investigation justifies protecting the 
331.3 	identity of the witness; or
331.4 	(h) when access to the data would reveal the identity of a mandated reporter under section 
331.5 	60A.952, subdivision 2, 609.456, 626.556, or 626.557 or chapter 260E.
331.6 	Data concerning individuals whose identities are protected by this subdivision are private 
331.7 	data about those individuals. Law enforcement agencies shall establish procedures to acquire 
331.8 	the data and make the decisions necessary to protect the identity of individuals described 
331.9 	in clauses (c), (d), (f), and (g).

331.10 	Sec. 9. Minnesota Statutes 2018, section 13.821, is amended to read:
331.11 	13.821 VIDEOTAPES OF CHILD ABUSE VICTIMS.
331.12 	(a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not 
331.13 	obtain a copy of a videotape in which a child victim or alleged victim is alleging, explaining, 
331.14 	denying, or describing an act of physical or sexual abuse without a court order under section 
331.15 	13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual abuse in 
331.16 	section 626.556, subdivision 2 260E.03, apply to this section, except that abuse is not limited 
331.17 	to acts by a person responsible for the child's care or in a significant relationship with the 
331.18 	child or position of authority.
331.19 	(b) This section does not limit other rights of access to data by an individual under section 
331.20 	13.04, subdivision 3, other than the right to obtain a copy of the videotape, nor prohibit 
331.21 	rights of access pursuant to discovery in a court proceeding.

331.22 	Sec. 10. Minnesota Statutes 2018, section 13.84, subdivision 9, is amended to read:
331.23 		Subd. 9.Child abuse data; release to child protective services. A court services agency 
331.24 	may release private or confidential data on an active case involving assessment or 
331.25 	investigation of actions that are defined as sexual abuse, physical abuse, or neglect under 
331.26 	section 626.556 chapter 260E to a local welfare agency if:
331.27 	(1) the local welfare agency has an active case involving a common client or clients who 
331.28 	are the subject of the data; and
331.29 	(2) the data are necessary for the local welfare agency to effectively process the agency's 
331.30 	case, including investigating or performing other duties relating to the case required by law.
332.1 	Court services data disclosed under this subdivision may be used only for purposes of 
332.2 	the active case described in clause (1) and may not be further disclosed to any other person 
332.3 	or agency, except as authorized by law.

332.4 	Sec. 11. Minnesota Statutes 2018, section 13.871, subdivision 6, is amended to read:
332.5 		Subd. 6.Training; investigation; apprehension; reports. (a) Reports of gunshot 
332.6 	wounds. Disclosure of the name of a person making a report under section 626.52, 
332.7 	subdivision 2, is governed by section 626.53.
332.8 	(b) Child abuse report records. Data contained in child abuse report records are 
332.9 	classified under section 626.556 chapter 260E.
332.10 	(c) Interstate data exchange. Disclosure of child abuse reports to agencies of another 
332.11 	state is classified under section 626.556, subdivision 10g 260E.35, subdivision 3, paragraphs 
332.12 	(b) and (c).
332.13 	(d) Release to family court services. Release of child abuse data to a court services 
332.14 	agency is authorized under section 626.556, subdivision 10h 260E.35, subdivision 3, 
332.15 	paragraphs (d) and (e).
332.16 	(e) Release of data to mandated reporters. Release of child abuse data to mandated 
332.17 	reporters who have an ongoing responsibility for the health, education, or welfare of a child 
332.18 	affected by the data is authorized under section 626.556, subdivision 10j 260E.35, subdivision 
332.19 	4.
332.20 	(f) Release of child abuse assessment or investigative records to other counties. 
332.21 	Release of child abuse investigative records to local welfare agencies is authorized under 
332.22 	section 626.556, subdivision 10k 260E.35, subdivision 3, paragraph (f).
332.23 	(g) Classifying and sharing records and reports of child abuse. The classification of 
332.24 	child abuse data and the sharing of records and reports of child abuse by and between local 
332.25 	welfare agencies and law enforcement agencies are governed under section 626.556, 
332.26 	subdivision 11 sections 260E.21, subdivision 4, and 260E.35.
332.27 	(h) Disclosure of information not required in certain cases. Disclosure of certain data 
332.28 	obtained from interviewing a minor is governed by section 626.556, subdivision 11a 260E.35, 
332.29 	subdivision 8.
332.30 	(i) Data received from law enforcement. Classifying child abuse data received by 
332.31 	certain agencies from law enforcement agencies is governed under section 626.556, 
332.32 	subdivision 11b 260E.35, subdivision 3, paragraph (p).
333.1 	(j) Disclosure in child fatality cases. Disclosure of information relating to a child fatality 
333.2 	is governed under section 626.556, subdivision 11d 260E.35, subdivision 7.
333.3 	(k) Reports of prenatal exposure to controlled substances. Data on persons making 
333.4 	reports under section 626.5561 260E.31 are classified under section 626.5561, subdivision 
333.5 	3 260E.35, subdivision 3.
333.6 	(l) Vulnerable adult report records. Data contained in vulnerable adult report records 
333.7 	are classified under section 626.557, subdivision 12b.
333.8 	(m) Adult protection team information sharing. Sharing of local welfare agency 
333.9 	vulnerable adult data with a protection team is governed by section 626.5571, subdivision 
333.10 	3.
333.11 	(n) Child protection team. Data acquired by a case consultation committee or 
333.12 	subcommittee of a child protection team are classified by section 626.558, subdivision 3
333.13 	260E.02, subdivision 4.
333.14 	(o) Peace officer discipline procedures. Access by an officer under investigation to 
333.15 	the investigating agency's investigative report on the officer is governed by section 626.89, 
333.16 	subdivision 6.
333.17 	(p) Racial profiling study data. Racial profiling study data is governed by Minnesota 
333.18 	Statutes 2006, section 626.951.

333.19 	Sec. 12. Minnesota Statutes 2018, section 13.88, is amended to read:
333.20 	13.88 COMMUNITY DISPUTE RESOLUTION CENTER DATA.
333.21 	The guidelines shall provide that all files relating to a case in a community dispute 
333.22 	resolution program are to be classified as private data on individuals, pursuant to section 
333.23 	13.02, subdivision 12, with the following exceptions:
333.24 	(1) When a party to the case has been formally charged with a criminal offense, the data 
333.25 	are to be classified as public data on individuals, pursuant to section 13.02, subdivision 15.
333.26 	(2) Data relating to suspected neglect or physical or sexual abuse of children or 
333.27 	maltreatment of vulnerable adults are to be subject to the reporting requirements of sections 
333.28 	626.556 and section626.557 and chapter 260E.

333.29 	Sec. 13. Minnesota Statutes 2018, section 120B.22, subdivision 2, is amended to read:
333.30 		Subd. 2.In-service training. Each district is encouraged to provide training for district 
333.31 	staff and school board members on the following:
334.1 	(1) helping students identify violence in the family and the community so that students 
334.2 	may learn to resolve conflicts in effective, nonviolent ways;
334.3 	(2) responding to a disclosure of child sexual abuse in a supportive, appropriate manner; 
334.4 	and
334.5 	(3) complying with mandatory reporting requirements under section 626.556 chapter 
334.6 	260E.
334.7 	The in-service training must be ongoing and involve experts familiar with sexual abuse, 
334.8 	domestic violence, and personal safety issues.

334.9 	Sec. 14. Minnesota Statutes 2019 Supplement, section 122A.20, subdivision 2, is amended 
334.10 	to read:
334.11 		Subd. 2.Mandatory reporting. (a) A school board, superintendent, charter school 
334.12 	board, charter school executive director, or charter school authorizer must report to the 
334.13 	Professional Educator Licensing and Standards Board, the Board of School Administrators, 
334.14 	or the Board of Trustees of the Minnesota State Colleges and Universities, whichever has 
334.15 	jurisdiction over the teacher's or administrator's license, when its teacher or administrator 
334.16 	is discharged or resigns from employment after a charge is filed with the school board under 
334.17 	section 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7, or after charges are filed 
334.18 	that are grounds for discharge under section 122A.40, subdivision 13, paragraph (a), clauses 
334.19 	(1) to (5), or when a teacher or administrator is suspended or resigns while an investigation 
334.20 	is pending under section 122A.40, subdivision 13, paragraph (a), clauses (1) to (5), or chapter 
334.21 	260E; or 122A.41, subdivisions 6, clauses (1), (2), and (3), and 7; or 626.556, or when a 
334.22 	teacher or administrator is suspended without an investigation under section 122A.41, 
334.23 	subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7; or 626.556, or chapter 260E. 
334.24 	The report must be made to the appropriate licensing board within ten days after the 
334.25 	discharge, suspension, or resignation has occurred. The licensing board to which the report 
334.26 	is made must investigate the report for violation of subdivision 1 and the reporting board, 
334.27 	administrator, or authorizer must cooperate in the investigation. Notwithstanding any 
334.28 	provision in chapter 13 or any law to the contrary, upon written request from the licensing 
334.29 	board having jurisdiction over the license, a board, charter school, authorizer, charter school 
334.30 	executive director, or school superintendent shall provide the licensing board with information 
334.31 	about the teacher or administrator from the district's files, any termination or disciplinary 
334.32 	proceeding, any settlement or compromise, or any investigative file. Upon written request 
334.33 	from the appropriate licensing board, a board or school superintendent may, at the discretion 
334.34 	of the board or school superintendent, solicit the written consent of a student and the student's 
335.1 	parent to provide the licensing board with information that may aid the licensing board in 
335.2 	its investigation and license proceedings. The licensing board's request need not identify a 
335.3 	student or parent by name. The consent of the student and the student's parent must meet 
335.4 	the requirements of chapter 13 and Code of Federal Regulations, title 34, section 99.30. 
335.5 	The licensing board may provide a consent form to the district. Any data transmitted to any 
335.6 	board under this section is private data under section 13.02, subdivision 12, notwithstanding 
335.7 	any other classification of the data when it was in the possession of any other agency.
335.8 	(b) The licensing board to which a report is made must transmit to the Attorney General's 
335.9 	Office any record or data it receives under this subdivision for the sole purpose of having 
335.10 	the Attorney General's Office assist that board in its investigation. When the Attorney 
335.11 	General's Office has informed an employee of the appropriate licensing board in writing 
335.12 	that grounds exist to suspend or revoke a teacher's license to teach, that licensing board 
335.13 	must consider suspending or revoking or decline to suspend or revoke the teacher's or 
335.14 	administrator's license within 45 days of receiving a stipulation executed by the teacher or 
335.15 	administrator under investigation or a recommendation from an administrative law judge 
335.16 	that disciplinary action be taken.
335.17 	(c) The Professional Educator Licensing and Standards Board and Board of School 
335.18 	Administrators must report to the appropriate law enforcement authorities a revocation, 
335.19 	suspension, or agreement involving a loss of license, relating to a teacher or administrator's 
335.20 	inappropriate sexual conduct with a minor. For purposes of this section, "law enforcement 
335.21 	authority" means a police department, county sheriff, or tribal police department. A report 
335.22 	by the Professional Educator Licensing and Standards Board to appropriate law enforcement 
335.23 	authorities does not diminish, modify, or otherwise affect the responsibilities of a school 
335.24 	board or any person mandated to report abuse under section 626.556 chapter 260E.

335.25 	Sec. 15. Minnesota Statutes 2019 Supplement, section 122A.40, subdivision 13, is amended 
335.26 	to read:
335.27 		Subd. 13.Immediate discharge. (a) Except as otherwise provided in paragraph (b), a 
335.28 	board may discharge a continuing-contract teacher, effective immediately, upon any of the 
335.29 	following grounds:
335.30 	(1) immoral conduct, insubordination, or conviction of a felony;
335.31 	(2) conduct unbecoming a teacher which requires the immediate removal of the teacher 
335.32 	from classroom or other duties;
336.1 	(3) failure without justifiable cause to teach without first securing the written release of 
336.2 	the school board;
336.3 	(4) gross inefficiency which the teacher has failed to correct after reasonable written 
336.4 	notice;
336.5 	(5) willful neglect of duty; or
336.6 	(6) continuing physical or mental disability subsequent to a 12 months leave of absence 
336.7 	and inability to qualify for reinstatement in accordance with subdivision 12.
336.8 	For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 
336.9 	discriminatory practice described in section 363A.13.
336.10 	Prior to discharging a teacher under this paragraph, the board must notify the teacher in 
336.11 	writing and state its ground for the proposed discharge in reasonable detail. Within ten days 
336.12 	after receipt of this notification the teacher may make a written request for a hearing before 
336.13 	the board and it shall be granted before final action is taken. The board may suspend a 
336.14 	teacher with pay pending the conclusion of the hearing and determination of the issues 
336.15 	raised in the hearing after charges have been filed which constitute ground for discharge. 
336.16 	If a teacher has been charged with a felony and the underlying conduct that is the subject 
336.17 	of the felony charge is a ground for a proposed immediate discharge, the suspension pending 
336.18 	the conclusion of the hearing and determination of the issues may be without pay. If a 
336.19 	hearing under this paragraph is held, the board must reimburse the teacher for any salary 
336.20 	or compensation withheld if the final decision of the board or the arbitrator does not result 
336.21 	in a penalty to or suspension, termination, or discharge of the teacher.
336.22 	(b) A board must discharge a continuing-contract teacher, effective immediately, upon 
336.23 	receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 
336.24 	license has been revoked due to a conviction for child abuse, as defined in section 609.185; 
336.25 	sex trafficking in the first degree under section 609.322, subdivision 1; sex trafficking in 
336.26 	the second degree under section 609.322, subdivision 1a; engaging in hiring or agreeing to 
336.27 	hire a minor to engage in prostitution under section 609.324, subdivision 1; sexual abuse 
336.28 	under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, 
336.29 	subdivision 3; solicitation of children to engage in sexual conduct or communication of 
336.30 	sexually explicit materials to children under section 609.352; interference with privacy 
336.31 	under section 609.746 or harassment or stalking under section 609.749 and the victim was 
336.32 	a minor; using minors in a sexual performance under section 617.246; possessing 
336.33 	pornographic works involving a minor under section 617.247; or any other offense not listed 
337.1 	in this paragraph that requires the person to register as a predatory offender under section 
337.2 	243.166, or a crime under a similar law of another state or the United States.
337.3 	(c) When a teacher is discharged under paragraph (b) or when the commissioner makes 
337.4 	a final determination of child maltreatment involving a teacher under section 626.556, 
337.5 	subdivision 11, 260E.21, subdivision 4, or 260E.35, the school principal or other person 
337.6 	having administrative control of the school must include in the teacher's employment record 
337.7 	the information contained in the record of the disciplinary action or the final maltreatment 
337.8 	determination, consistent with the definition of public data under section 13.41, subdivision 
337.9 	5, and must provide the Professional Educator Licensing and Standards Board and the 
337.10 	licensing division at the department with the necessary and relevant information to enable 
337.11 	the Professional Educator Licensing and Standards Board and the department's licensing 
337.12 	division to fulfill their statutory and administrative duties related to issuing, renewing, 
337.13 	suspending, or revoking a teacher's license. Information received by the Professional Educator 
337.14 	Licensing and Standards Board or the licensing division at the department under this 
337.15 	paragraph is governed by section 13.41 or other applicable law governing data of the 
337.16 	receiving entity. In addition to the background check required under section 123B.03, a 
337.17 	school board or other school hiring authority must contact the Professional Educator 
337.18 	Licensing and Standards Board and the department to determine whether the teacher's license 
337.19 	has been suspended or revoked, consistent with the discharge and final maltreatment 
337.20 	determinations identified in this paragraph. Unless restricted by federal or state data practices 
337.21 	law or by the terms of a collective bargaining agreement, the responsible authority for a 
337.22 	school district must disseminate to another school district private personnel data on a current 
337.23 	or former teacher employee or contractor of the district, including the results of background 
337.24 	investigations, if the requesting school district seeks the information because the subject of 
337.25 	the data has applied for employment with the requesting school district.

337.26 	Sec. 16. Minnesota Statutes 2019 Supplement, section 122A.41, subdivision 6, is amended 
337.27 	to read:
337.28 		Subd. 6.Grounds for discharge or demotion. (a) Except as otherwise provided in 
337.29 	paragraph (b), causes for the discharge or demotion of a teacher either during or after the 
337.30 	probationary period must be:
337.31 	(1) immoral character, conduct unbecoming a teacher, or insubordination;
337.32 	(2) failure without justifiable cause to teach without first securing the written release of 
337.33 	the school board having the care, management, or control of the school in which the teacher 
337.34 	is employed;
338.1 	(3) inefficiency in teaching or in the management of a school, consistent with subdivision 
338.2 	5, paragraph (b);
338.3 	(4) affliction with a communicable disease must be considered as cause for removal or 
338.4 	suspension while the teacher is suffering from such disability; or
338.5 	(5) discontinuance of position or lack of pupils.
338.6 	For purposes of this paragraph, conduct unbecoming a teacher includes an unfair 
338.7 	discriminatory practice described in section 363A.13.
338.8 	(b) A probationary or continuing-contract teacher must be discharged immediately upon 
338.9 	receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's 
338.10 	license has been revoked due to a conviction for child abuse, as defined in section 609.185; 
338.11 	sex trafficking in the first degree under section 609.322, subdivision 1; sex trafficking in 
338.12 	the second degree under section 609.322, subdivision 1a; engaging in hiring or agreeing to 
338.13 	hire a minor to engage in prostitution under section 609.324, subdivision 1; sexual abuse 
338.14 	under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 617.23, 
338.15 	subdivision 3; solicitation of children to engage in sexual conduct or communication of 
338.16 	sexually explicit materials to children under section 609.352; interference with privacy 
338.17 	under section 609.746 or harassment or stalking under section 609.749 and the victim was 
338.18 	a minor; using minors in a sexual performance under section 617.246; possessing 
338.19 	pornographic works involving a minor under section 617.247; or any other offense not listed 
338.20 	in this paragraph that requires the person to register as a predatory offender under section 
338.21 	243.166, or a crime under a similar law of another state or the United States.
338.22 	(c) When a teacher is discharged under paragraph (b) or when the commissioner makes 
338.23 	a final determination of child maltreatment involving a teacher under section 626.556, 
338.24 	subdivision 11, 260E.21, subdivision 4, or 260E.35, the school principal or other person 
338.25 	having administrative control of the school must include in the teacher's employment record 
338.26 	the information contained in the record of the disciplinary action or the final maltreatment 
338.27 	determination, consistent with the definition of public data under section 13.41, subdivision 
338.28 	5, and must provide the Professional Educator Licensing and Standards Board and the 
338.29 	licensing division at the department with the necessary and relevant information to enable 
338.30 	the Professional Educator Licensing and Standards Board and the department's licensing 
338.31 	division to fulfill their statutory and administrative duties related to issuing, renewing, 
338.32 	suspending, or revoking a teacher's license. Information received by the Professional Educator 
338.33 	Licensing and Standards Board or the licensing division at the department under this 
338.34 	paragraph is governed by section 13.41 or other applicable law governing data of the 
339.1 	receiving entity. In addition to the background check required under section 123B.03, a 
339.2 	school board or other school hiring authority must contact the Professional Educator 
339.3 	Licensing and Standards Board and the department to determine whether the teacher's license 
339.4 	has been suspended or revoked, consistent with the discharge and final maltreatment 
339.5 	determinations identified in this paragraph. Unless restricted by federal or state data practices 
339.6 	law or by the terms of a collective bargaining agreement, the responsible authority for a 
339.7 	school district must disseminate to another school district private personnel data on a current 
339.8 	or former teacher employee or contractor of the district, including the results of background 
339.9 	investigations, if the requesting school district seeks the information because the subject of 
339.10 	the data has applied for employment with the requesting school district.

339.11 	Sec. 17. Minnesota Statutes 2018, section 125A.0942, subdivision 4, is amended to read:
339.12 		Subd. 4.Prohibitions. The following actions or procedures are prohibited:
339.13 	(1) engaging in conduct prohibited under section 121A.58;
339.14 	(2) requiring a child to assume and maintain a specified physical position, activity, or 
339.15 	posture that induces physical pain;
339.16 	(3) totally or partially restricting a child's senses as punishment;
339.17 	(4) presenting an intense sound, light, or other sensory stimuli using smell, taste, 
339.18 	substance, or spray as punishment;
339.19 	(5) denying or restricting a child's access to equipment and devices such as walkers, 
339.20 	wheelchairs, hearing aids, and communication boards that facilitate the child's functioning, 
339.21 	except when temporarily removing the equipment or device is needed to prevent injury to 
339.22 	the child or others or serious damage to the equipment or device, in which case the equipment 
339.23 	or device shall be returned to the child as soon as possible;
339.24 	(6) interacting with a child in a manner that constitutes sexual abuse, neglect, or physical 
339.25 	abuse under section 626.556 chapter 260E;
339.26 	(7) withholding regularly scheduled meals or water;
339.27 	(8) denying access to bathroom facilities;
339.28 	(9) physical holding that restricts or impairs a child's ability to breathe, restricts or impairs 
339.29 	a child's ability to communicate distress, places pressure or weight on a child's head, throat, 
339.30 	neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child's 
339.31 	torso; and
339.32 	(10) prone restraint.

340.1 	Sec. 18. Minnesota Statutes 2018, section 135A.15, subdivision 10, is amended to read:
340.2 		Subd. 10.Applicability of other laws. This section does not exempt mandatory reporters 
340.3 	from the requirements of section 626.556 or626.557or chapter 260E governing the reporting 
340.4 	of maltreatment of minors or vulnerable adults. Nothing in this section limits the authority 
340.5 	of an institution to comply with other applicable state or federal laws related to investigations 
340.6 	or reports of sexual harassment, sexual violence, or sexual assault.

340.7 	Sec. 19. Minnesota Statutes 2018, section 144.225, subdivision 2b, is amended to read:
340.8 		Subd. 2b.Commissioner of health; duties. Notwithstanding the designation of certain 
340.9 	of this data as confidential under subdivision 2 or private under subdivision 2a, the 
340.10 	commissioner shall give the commissioner of human services access to birth record data 
340.11 	and data contained in recognitions of parentage prepared according to section 257.75
340.12 	necessary to enable the commissioner of human services to identify a child who is subject 
340.13 	to threatened injury, as defined in section 626.556, subdivision 2, paragraph (p) 260E.03, 
340.14 	subdivision 23, by a person responsible for the child's care, as defined in section 626.556, 
340.15 	subdivision 2, paragraph (j), clause (1) 260E.03, subdivision 17. The commissioner shall 
340.16 	be given access to all data included on official birth records.

340.17 	Sec. 20. Minnesota Statutes 2018, section 144.343, subdivision 4, is amended to read:
340.18 		Subd. 4.Limitations. No notice shall be required under this section if:
340.19 	(1) the attending physician certifies in the pregnant woman's medical record that the 
340.20 	abortion is necessary to prevent the woman's death and there is insufficient time to provide 
340.21 	the required notice; or
340.22 	(2) the abortion is authorized in writing by the person or persons who are entitled to 
340.23 	notice; or
340.24 	(3) the pregnant minor woman declares that she is a victim of sexual abuse, neglect, or 
340.25 	physical abuse as defined in section 626.556 chapter 260E. Notice of that declaration shall 
340.26 	be made to the proper authorities as provided in section 626.556, subdivision 3 260E.06.

340.27 	Sec. 21. Minnesota Statutes 2018, section 144.7065, subdivision 10, is amended to read:
340.28 		Subd. 10.Relation to other law; data classification. (a) Adverse health events described 
340.29 	in subdivisions 2 to 6 do not constitute "maltreatment," "neglect," or "a physical injury that 
340.30 	is not reasonably explained" under section 626.556 or626.557or chapter 260E and are 
340.31 	excluded from the reporting requirements of sections 626.556 and section626.557 and 
341.1 	chapter 260E, provided the facility makes a determination within 24 hours of the discovery 
341.2 	of the event that this section is applicable and the facility files the reports required under 
341.3 	this section in a timely fashion.
341.4 	(b) A facility that has determined that an event described in subdivisions 2 to 6 has 
341.5 	occurred must inform persons who are mandated reporters under section 626.556, subdivision 
341.6 	3, 260E.06 or 626.5572, subdivision 16, of that determination. A mandated reporter otherwise 
341.7 	required to report under section 626.556, subdivision 3, 260E.06 or 626.557, subdivision 
341.8 	3, paragraph (e), is relieved of the duty to report an event that the facility determines under 
341.9 	paragraph (a) to be reportable under subdivisions 2 to 6.
341.10 	(c) The protections and immunities applicable to voluntary reports under sections 626.556
341.11 	and section626.557 and chapter 260E are not affected by this section.
341.12 	(d) Notwithstanding section 626.556,626.557, chapter 260E, or any other provision of 
341.13 	Minnesota statute or rule to the contrary, a lead agency under section 626.556, subdivision 
341.14 	3c 260E.14, subdivision 1, paragraphs (a), (b), and (c), a lead investigative agency under 
341.15 	section 626.5572, subdivision 13, the commissioner of health, or the director of the Office 
341.16 	of Health Facility Complaints is not required to conduct an investigation of or obtain or 
341.17 	create investigative data or reports regarding an event described in subdivisions 2 to 6. If 
341.18 	the facility satisfies the requirements described in paragraph (a), the review or investigation 
341.19 	shall be conducted and data or reports shall be obtained or created only under sections 
341.20 	144.706 to 144.7069, except as permitted or required under sections 144.50 to 144.564, or 
341.21 	as necessary to carry out the state's certification responsibility under the provisions of 
341.22 	sections 1864 and 1867 of the Social Security Act. If a licensed health care provider reports 
341.23 	an event to the facility required to be reported under subdivisions 2 to 6 in a timely manner, 
341.24 	the provider's licensing board is not required to conduct an investigation of or obtain or 
341.25 	create investigative data or reports regarding the individual reporting of the events described 
341.26 	in subdivisions 2 to 6.
341.27 	(e) Data contained in the following records are nonpublic and, to the extent they contain 
341.28 	data on individuals, confidential data on individuals, as defined in section 13.02:
341.29 	(1) reports provided to the commissioner under sections 147.155, 147A.155, 148.267, 
341.30 	151.301, and 153.255;
341.31 	(2) event reports, findings of root cause analyses, and corrective action plans filed by a 
341.32 	facility under this section; and
341.33 	(3) records created or obtained by the commissioner in reviewing or investigating the 
341.34 	reports, findings, and plans described in clause (2).
342.1 	For purposes of the nonpublic data classification contained in this paragraph, the reporting 
342.2 	facility shall be deemed the subject of the data.

342.3 	Sec. 22. Minnesota Statutes 2018, section 144.7068, is amended to read:
342.4 	144.7068 REPORTS FROM LICENSING BOARDS.
342.5 	(a) Effective upon full implementation of the adverse health care events reporting system, 
342.6 	the records maintained under sections 147.155, 147A.155, 148.267, 151.301, and 153.255, 
342.7 	shall be reported to the commissioner on the schedule established in those sections.
342.8 	(b) The commissioner shall forward these reports to the facility named in the report.
342.9 	(c) The facility shall determine whether the event has been previously reported under 
342.10 	section 144.7065. The facility shall notify the commissioner whether the event has been 
342.11 	reported previously. If the event has not been previously reported, the facility shall make a 
342.12 	determination whether the event was reportable under section 144.7065. If the facility 
342.13 	determines the event was reportable, the date of discovery of the event for the purposes of 
342.14 	section 144.7065, subdivision 10, paragraph (d), shall be as follows:
342.15 	(1) if the commissioner determines that the facility knew or reasonably should have 
342.16 	known about the occurrence of the event, the date the event occurred shall be the date of 
342.17 	discovery. The facility shall be considered out of compliance with the reporting act, and 
342.18 	the event shall be subject to sections 626.556 and section626.557 and chapter 260E; or
342.19 	(2) if the commissioner determines that the facility did not know about the occurrence 
342.20 	of the event, the date the facility receives the report from the commissioner shall serve as 
342.21 	the date of discovery.
342.22 	If the facility determines that the event was not reportable under section 144.7065, the 
342.23 	facility shall notify the commissioner of that determination.

342.24 	Sec. 23. Minnesota Statutes 2018, section 144A.472, subdivision 1, is amended to read:
342.25 		Subdivision 1.License applications. Each application for a home care provider license 
342.26 	must include information sufficient to show that the applicant meets the requirements of 
342.27 	licensure, including:
342.28 	(1) the applicant's name, e-mail address, physical address, and mailing address, including 
342.29 	the name of the county in which the applicant resides and has a principal place of business;
342.30 	(2) the initial license fee in the amount specified in subdivision 7;
343.1 	(3) the e-mail address, physical address, mailing address, and telephone number of the 
343.2 	principal administrative office;
343.3 	(4) the e-mail address, physical address, mailing address, and telephone number of each 
343.4 	branch office, if any;
343.5 	(5) the names, e-mail and mailing addresses, and telephone numbers of all owners and 
343.6 	managerial officials;
343.7 	(6) documentation of compliance with the background study requirements of section 
343.8 	144A.476 for all persons involved in the management, operation, or control of the home 
343.9 	care provider;
343.10 	(7) documentation of a background study as required by section 144.057 for any 
343.11 	individual seeking employment, paid or volunteer, with the home care provider;
343.12 	(8) evidence of workers' compensation coverage as required by sections 176.181 and 
343.13 	176.182;
343.14 	(9) documentation of liability coverage, if the provider has it;
343.15 	(10) identification of the license level the provider is seeking;
343.16 	(11) documentation that identifies the managerial official who is in charge of day-to-day 
343.17 	operations and attestation that the person has reviewed and understands the home care 
343.18 	provider regulations;
343.19 	(12) documentation that the applicant has designated one or more owners, managerial 
343.20 	officials, or employees as an agent or agents, which shall not affect the legal responsibility 
343.21 	of any other owner or managerial official under this chapter;
343.22 	(13) the signature of the officer or managing agent on behalf of an entity, corporation, 
343.23 	association, or unit of government;
343.24 	(14) verification that the applicant has the following policies and procedures in place so 
343.25 	that if a license is issued, the applicant will implement the policies and procedures and keep 
343.26 	them current:
343.27 	(i) requirements in sections 626.556 chapter 260E, reporting of maltreatment of minors, 
343.28 	and section626.557, reporting of maltreatment of vulnerable adults;
343.29 	(ii) conducting and handling background studies on employees;
343.30 	(iii) orientation, training, and competency evaluations of home care staff, and a process 
343.31 	for evaluating staff performance;
344.1 	(iv) handling complaints from clients, family members, or client representatives regarding 
344.2 	staff or services provided by staff;
344.3 	(v) conducting initial evaluation of clients' needs and the providers' ability to provide 
344.4 	those services;
344.5 	(vi) conducting initial and ongoing client evaluations and assessments and how changes 
344.6 	in a client's condition are identified, managed, and communicated to staff and other health 
344.7 	care providers as appropriate;
344.8 	(vii) orientation to and implementation of the home care client bill of rights;
344.9 	(viii) infection control practices;
344.10 	(ix) reminders for medications, treatments, or exercises, if provided; and
344.11 	(x) conducting appropriate screenings, or documentation of prior screenings, to show 
344.12 	that staff are free of tuberculosis, consistent with current United States Centers for Disease 
344.13 	Control and Prevention standards; and
344.14 	(15) other information required by the department.

344.15 	Sec. 24. Minnesota Statutes 2018, section 144A.479, subdivision 6, is amended to read:
344.16 		Subd. 6.Reporting maltreatment of vulnerable adults and minors. (a) All home care 
344.17 	providers must comply with requirements for the reporting of maltreatment of minors in 
344.18 	section 626.556 chapter 260E and the requirements for the reporting of maltreatment of 
344.19 	vulnerable adults in section 626.557. Each home care provider must establish and implement 
344.20 	a written procedure to ensure that all cases of suspected maltreatment are reported.
344.21 	(b) Each home care provider must develop and implement an individual abuse prevention 
344.22 	plan for each vulnerable minor or adult for whom home care services are provided by a 
344.23 	home care provider. The plan shall contain an individualized review or assessment of the 
344.24 	person's susceptibility to abuse by another individual, including other vulnerable adults or 
344.25 	minors; the person's risk of abusing other vulnerable adults or minors; and statements of 
344.26 	the specific measures to be taken to minimize the risk of abuse to that person and other 
344.27 	vulnerable adults or minors. For purposes of the abuse prevention plan, the term abuse 
344.28 	includes self-abuse.

344.29 	Sec. 25. Minnesota Statutes 2019 Supplement, section 144A.4796, subdivision 2, is 
344.30 	amended to read:
344.31 		Subd. 2.Content. (a) The orientation must contain the following topics:
345.1 	(1) an overview of sections 144A.43 to 144A.4798;
345.2 	(2) introduction and review of all the provider's policies and procedures related to the 
345.3 	provision of home care services by the individual staff person;
345.4 	(3) handling of emergencies and use of emergency services;
345.5 	(4) compliance with and reporting of the maltreatment of minors or vulnerable adults 
345.6 	under sections 626.556 and section 626.557 and chapter 260E;
345.7 	(5) home care bill of rights under section 144A.44;
345.8 	(6) handling of clients' complaints, reporting of complaints, and where to report 
345.9 	complaints including information on the Office of Health Facility Complaints and the 
345.10 	Common Entry Point;
345.11 	(7) consumer advocacy services of the Office of Ombudsman for Long-Term Care, 
345.12 	Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care 
345.13 	Ombudsman at the Department of Human Services, county managed care advocates, or 
345.14 	other relevant advocacy services; and
345.15 	(8) review of the types of home care services the employee will be providing and the 
345.16 	provider's scope of licensure.
345.17 	(b) In addition to the topics listed in paragraph (a), orientation may also contain training 
345.18 	on providing services to clients with hearing loss. Any training on hearing loss provided 
345.19 	under this subdivision must be high quality and research-based, may include online training, 
345.20 	and must include training on one or more of the following topics:
345.21 	(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence, 
345.22 	and challenges it poses to communication;
345.23 	(2) health impacts related to untreated age-related hearing loss, such as increased 
345.24 	incidence of dementia, falls, hospitalizations, isolation, and depression; or
345.25 	(3) information about strategies and technology that may enhance communication and 
345.26 	involvement, including communication strategies, assistive listening devices, hearing aids, 
345.27 	visual and tactile alerting devices, communication access in real time, and closed captions.

345.28 	Sec. 26. Minnesota Statutes 2018, section 144A.4796, subdivision 6, is amended to read:
345.29 		Subd. 6.Required annual training. (a) All staff that perform direct home care services 
345.30 	must complete at least eight hours of annual training for each 12 months of employment. 
345.31 	The training may be obtained from the home care provider or another source and must 
346.1 	include topics relevant to the provision of home care services. The annual training must 
346.2 	include:
346.3 	(1) training on reporting of maltreatment of minors under section 626.556 chapter 260E
346.4 	and maltreatment of vulnerable adults under section 626.557, whichever is applicable to 
346.5 	the services provided;
346.6 	(2) review of the home care bill of rights in section 144A.44;
346.7 	(3) review of infection control techniques used in the home and implementation of 
346.8 	infection control standards including a review of hand-washing techniques; the need for 
346.9 	and use of protective gloves, gowns, and masks; appropriate disposal of contaminated 
346.10 	materials and equipment, such as dressings, needles, syringes, and razor blades; disinfecting 
346.11 	reusable equipment; disinfecting environmental surfaces; and reporting of communicable 
346.12 	diseases; and
346.13 	(4) review of the provider's policies and procedures relating to the provision of home 
346.14 	care services and how to implement those policies and procedures.
346.15 	(b) In addition to the topics listed in paragraph (a), annual training may also contain 
346.16 	training on providing services to clients with hearing loss. Any training on hearing loss 
346.17 	provided under this subdivision must be high quality and research-based, may include online 
346.18 	training, and must include training on one or more of the following topics:
346.19 	(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence, 
346.20 	and challenges it poses to communication;
346.21 	(2) health impacts related to untreated age-related hearing loss, such as increased 
346.22 	incidence of dementia, falls, hospitalizations, isolation, and depression; or
346.23 	(3) information about strategies and technology that may enhance communication and 
346.24 	involvement, including communication strategies, assistive listening devices, hearing aids, 
346.25 	visual and tactile alerting devices, communication access in real time, and closed captions.

346.26 	Sec. 27. Minnesota Statutes 2018, section 144H.16, subdivision 1, is amended to read:
346.27 		Subdivision 1.Reporting of maltreatment of minors. A PPEC center must develop 
346.28 	policies and procedures for reporting suspected child maltreatment that fulfill the 
346.29 	requirements of section 626.556 chapter 260E. The policies and procedures must include 
346.30 	the telephone numbers of the local county child protection agency for reporting suspected 
346.31 	maltreatment. The policies and procedures specified in this subdivision must be provided 
347.1 	to the parents or guardians of all children at the time of admission to the PPEC center and 
347.2 	must be available upon request.

347.3 	Sec. 28. Minnesota Statutes 2018, section 144H.18, subdivision 3, is amended to read:
347.4 		Subd. 3.Fines for violations of other statutes. The commissioner shall impose a fine 
347.5 	of $250 on a PPEC center, employee, or contractor for each violation by that PPEC center, 
347.6 	employee, or contractor of section 144H.16, subdivision 2, or 626.556 or chapter 260E.

347.7 	Sec. 29. Minnesota Statutes 2018, section 145.902, subdivision 3, is amended to read:
347.8 		Subd. 3.Immunity. (a) A safe place with responsibility for performing duties under 
347.9 	this section, and any employee, doctor, ambulance personnel, or other medical professional 
347.10 	working at the safe place, are immune from any criminal liability that otherwise might result 
347.11 	from their actions, if they are acting in good faith in receiving a newborn, and are immune 
347.12 	from any civil liability that otherwise might result from merely receiving a newborn.
347.13 	(b) A safe place performing duties under this section, or an employee, doctor, ambulance 
347.14 	personnel, or other medical professional working at the safe place who is a mandated reporter 
347.15 	under section 626.556 chapter 260E, is immune from any criminal or civil liability that 
347.16 	otherwise might result from the failure to make a report under that section if the person is 
347.17 	acting in good faith in complying with this section.

347.18 	Sec. 30. Minnesota Statutes 2018, section 145.952, subdivision 2, is amended to read:
347.19 		Subd. 2.Abuse. "Abuse" means physical abuse, sexual abuse, neglect, mental injury, 
347.20 	and threatened injury, as those terms are defined in section 626.556, subdivision 2 chapter 
347.21 	260E.

347.22 	Sec. 31. Minnesota Statutes 2018, section 146A.025, is amended to read:
347.23 	146A.025 MALTREATMENT OF MINORS.
347.24 	Nothing in this chapter shall restrict the ability of a local welfare agency, local law 
347.25 	enforcement agency, the commissioner of human services, or the state to take action regarding 
347.26 	the maltreatment of minors under section 609.378or 626.556 or chapter 260E. A parent 
347.27 	who obtains complementary and alternative health care for the parent's minor child is not 
347.28 	relieved of the duty to seek necessary medical care consistent with the requirements of 
347.29 	sections section609.378and 626.556 and chapter 260E. A complementary or alternative 
347.30 	health care practitioner who is providing services to a child who is not receiving necessary 
347.31 	medical care must make a report under section 626.556 chapter 260E. A complementary 
348.1 	or alternative health care provider is a mandated reporter under section 626.556, subdivision 
348.2 	3 260E.06.

348.3 	Sec. 32. Minnesota Statutes 2019 Supplement, section 148B.593, is amended to read:
348.4 	148B.593 DISCLOSURE OF INFORMATION.
348.5 	(a) A person licensed under sections 148B.50 to 148B.593 may not disclose without 
348.6 	written consent of the client any communication made by the client to the licensee in the 
348.7 	course of the practice of professional counseling, nor may any employee of the licensee 
348.8 	reveal the information without the consent of the employer or client except as provided 
348.9 	under section 626.556 or 626.557 or chapter 260E.
348.10 	(b) For purposes of sections 148B.50 to 148B.593, the confidential relations and 
348.11 	communications between the licensee and a client are placed upon the same basis as those 
348.12 	that exist between a licensed psychologist and client. Nothing in sections 148B.50 to 
348.13 	148B.593 may be construed to require any communications to be disclosed except by court 
348.14 	order or as provided in paragraph (c).
348.15 	(c) Private information may be disclosed without the consent of the client when a duty 
348.16 	to warn arises, or as otherwise provided by law or court order. The duty to warn of, or take 
348.17 	reasonable precautions to provide protection from, violent behavior arises only when a client 
348.18 	or other person has communicated to the provider a specific, serious threat of physical 
348.19 	violence to self or a specific, clearly identified or identifiable potential victim. If a duty to 
348.20 	warn arises, the duty is discharged by the provider if reasonable efforts are made to 
348.21 	communicate the threat to law enforcement agencies, the potential victim, the family of the 
348.22 	client, or appropriate third parties who are in a position to prevent or avert the harm. No 
348.23 	monetary liability and no cause of action or disciplinary action by the board may arise 
348.24 	against a provider for disclosure of confidences to third parties, for failure to disclose 
348.25 	confidences to third parties, or for erroneous disclosure of confidences to third parties in a 
348.26 	good faith effort to warn against or take precautions against a client's violent behavior or 
348.27 	threat of suicide.
348.28 	(d) For purposes of this section, (1) "provider" includes a licensee, an applicant for 
348.29 	licensure, and a student or intern practicing professional counseling or professional clinical 
348.30 	counseling under supervision as part of an accredited graduate educational program or under 
348.31 	a supervised postgraduate experience in professional counseling or professional clinical 
348.32 	counseling required for licensure; (2) "other person" means an immediate family member 
348.33 	or someone who personally knows the client and has reason to believe the client is capable 
348.34 	of and will carry out the serious, specific threat of harm to a specific, clearly identified, or 
349.1 	identifiable victim; and (3) "reasonable efforts" means communicating the serious, specific 
349.2 	threat to the potential victim and if unable to make contact with the potential victim, 
349.3 	communicating the serious, specific threat to the law enforcement agency closest to the 
349.4 	potential victim of the client.

349.5 	Sec. 33. Minnesota Statutes 2018, section 148E.240, subdivision 7, is amended to read:
349.6 		Subd. 7.Reporting maltreatment of minors. An applicant or licensee must comply 
349.7 	with the reporting of maltreatment of minors established by section 626.556 chapter 260E.

349.8 	Sec. 34. Minnesota Statutes 2018, section 148F.13, subdivision 12, is amended to read:
349.9 		Subd. 12.Abuse or neglect of minors or vulnerable adults. An applicant or licensee 
349.10 	must comply with the reporting of maltreatment of minors established in section 626.556
349.11 	chapter 260E and the reporting of maltreatment of vulnerable adults established in section 
349.12 	626.557.

349.13 	Sec. 35. Minnesota Statutes 2018, section 148F.205, subdivision 1, is amended to read:
349.14 		Subdivision 1.Mandatory reporting requirements. A provider is required to file a 
349.15 	complaint when the provider knows or has reason to believe that another provider:
349.16 	(1) is unable to practice with reasonable skill and safety as a result of a physical or mental 
349.17 	illness or condition, including, but not limited to, substance abuse or dependence, except 
349.18 	that this mandated reporting requirement is deemed fulfilled by a report made to the Health 
349.19 	Professionals Services Program (HPSP) as provided by section 214.33, subdivision 1;
349.20 	(2) is engaging in or has engaged in sexual behavior with a client or former client in 
349.21 	violation of section 148F.165, subdivision 6 or 7;
349.22 	(3) has failed to report abuse or neglect of children or vulnerable adults in violation of 
349.23 	section 626.556 or626.557 or chapter 260E; or
349.24 	(4) has employed fraud or deception in obtaining or renewing an alcohol and drug 
349.25 	counseling license.

349.26 	Sec. 36. Minnesota Statutes 2018, section 153B.70, is amended to read:
349.27 	153B.70 GROUNDS FOR DISCIPLINARY ACTION.
349.28 	(a) The board may refuse to issue or renew a license, revoke or suspend a license, or 
349.29 	place on probation or reprimand a licensee for one or any combination of the following:
350.1 	(1) making a material misstatement in furnishing information to the board;
350.2 	(2) violating or intentionally disregarding the requirements of this chapter;
350.3 	(3) conviction of a crime, including a finding or verdict of guilt, an admission of guilt, 
350.4 	or a no-contest plea, in this state or elsewhere, reasonably related to the practice of the 
350.5 	profession. Conviction, as used in this clause, includes a conviction of an offense which, if 
350.6 	committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor, 
350.7 	without regard to its designation elsewhere, or a criminal proceeding where a finding or 
350.8 	verdict of guilty is made or returned but the adjudication of guilt is either withheld or not 
350.9 	entered;
350.10 	(4) making a misrepresentation in order to obtain or renew a license;
350.11 	(5) displaying a pattern of practice or other behavior that demonstrates incapacity or 
350.12 	incompetence to practice;
350.13 	(6) aiding or assisting another person in violating the provisions of this chapter;
350.14 	(7) failing to provide information within 60 days in response to a written request from 
350.15 	the board, including documentation of completion of continuing education requirements;
350.16 	(8) engaging in dishonorable, unethical, or unprofessional conduct;
350.17 	(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;
350.18 	(10) inability to practice due to habitual intoxication, addiction to drugs, or mental or 
350.19 	physical illness;
350.20 	(11) being disciplined by another state or territory of the United States, the federal 
350.21 	government, a national certification organization, or foreign nation, if at least one of the 
350.22 	grounds for the discipline is the same or substantially equivalent to one of the grounds in 
350.23 	this section;
350.24 	(12) directly or indirectly giving to or receiving from a person, firm, corporation, 
350.25 	partnership, or association a fee, commission, rebate, or other form of compensation for 
350.26 	professional services not actually or personally rendered;
350.27 	(13) incurring a finding by the board that the licensee, after the licensee has been placed 
350.28 	on probationary status, has violated the conditions of the probation;
350.29 	(14) abandoning a patient or client;
351.1 	(15) willfully making or filing false records or reports in the course of the licensee's 
351.2 	practice including, but not limited to, false records or reports filed with state or federal 
351.3 	agencies;
351.4 	(16) willfully failing to report child maltreatment as required under the Maltreatment of 
351.5 	Minors Act, section 626.556 chapter 260E; or
351.6 	(17) soliciting professional services using false or misleading advertising.
351.7 	(b) A license to practice is automatically suspended if (1) a guardian of a licensee is 
351.8 	appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other 
351.9 	than the minority of the licensee, or (2) the licensee is committed by order of a court pursuant 
351.10 	to chapter 253B. The license remains suspended until the licensee is restored to capacity 
351.11 	by a court and, upon petition by the licensee, the suspension is terminated by the board after 
351.12 	a hearing. The licensee may be reinstated to practice, either with or without restrictions, by 
351.13 	demonstrating clear and convincing evidence of rehabilitation. The regulated person is not 
351.14 	required to prove rehabilitation if the subsequent court decision overturns previous court 
351.15 	findings of public risk.
351.16 	(c) If the board has probable cause to believe that a licensee or applicant has violated 
351.17 	paragraph (a), clause (10), it may direct the person to submit to a mental or physical 
351.18 	examination. For the purpose of this section, every person is deemed to have consented to 
351.19 	submit to a mental or physical examination when directed in writing by the board and to 
351.20 	have waived all objections to the admissibility of the examining physician's testimony or 
351.21 	examination report on the grounds that the testimony or report constitutes a privileged 
351.22 	communication. Failure of a regulated person to submit to an examination when directed 
351.23 	constitutes an admission of the allegations against the person, unless the failure was due to 
351.24 	circumstances beyond the person's control, in which case a default and final order may be 
351.25 	entered without the taking of testimony or presentation of evidence. A regulated person 
351.26 	affected under this paragraph shall at reasonable intervals be given an opportunity to 
351.27 	demonstrate that the person can resume the competent practice of the regulated profession 
351.28 	with reasonable skill and safety to the public. In any proceeding under this paragraph, neither 
351.29 	the record of proceedings nor the orders entered by the board shall be used against a regulated 
351.30 	person in any other proceeding.
351.31 	(d) In addition to ordering a physical or mental examination, the board may, 
351.32 	notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or 
351.33 	other health data, obtain medical data and health records relating to a licensee or applicant 
351.34 	without the person's or applicant's consent if the board has probable cause to believe that a 
352.1 	licensee is subject to paragraph (a), clause (10). The medical data may be requested from 
352.2 	a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, 
352.3 	or a government agency, including the Department of Human Services. A provider, insurance 
352.4 	company, or government agency shall comply with any written request of the board under 
352.5 	this section and is not liable in any action for damages for releasing the data requested by 
352.6 	the board if the data are released pursuant to a written request under this section, unless the 
352.7 	information is false and the provider giving the information knew, or had reason to know, 
352.8 	the information was false. Information obtained under this section is private data on 
352.9 	individuals as defined in section 13.02.
352.10 	(e) If the board issues an order of immediate suspension of a license, a hearing must be 
352.11 	held within 30 days of the suspension and completed without delay.

352.12 	Sec. 37. Minnesota Statutes 2018, section 214.103, subdivision 8, is amended to read:
352.13 		Subd. 8.Dismissal and reopening of a complaint. (a) A complaint may not be dismissed 
352.14 	without the concurrence of at least two board members and, upon the request of the 
352.15 	complainant, a review by a representative of the attorney general's office. The designee of 
352.16 	the attorney general must review before dismissal any complaints which allege any violation 
352.17 	of chapter 609, any conduct which would be required to be reported under section 626.556
352.18 	or626.557 or chapter 260E, any sexual contact or sexual conduct with a client, any violation 
352.19 	of a federal law, any actual or potential inability to practice the regulated profession or 
352.20 	occupation by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or 
352.21 	as a result of any mental or physical condition, any violation of state medical assistance 
352.22 	laws, or any disciplinary action related to credentialing in another jurisdiction or country 
352.23 	which was based on the same or related conduct specified in this subdivision.
352.24 	(b) The board may reopen a dismissed complaint if the board receives newly discovered 
352.25 	information that was not available to the board during the initial investigation of the 
352.26 	complaint, or if the board receives a new complaint that indicates a pattern of behavior or 
352.27 	conduct.

352.28 	Sec. 38. Minnesota Statutes 2018, section 214.104, is amended to read:
352.29 	214.104 HEALTH-RELATED LICENSING BOARDS; SUBSTANTIATED 
352.30 	MALTREATMENT.
352.31 	(a) A health-related licensing board shall make determinations as to whether regulated 
352.32 	persons who are under the board's jurisdiction should be the subject of disciplinary or 
352.33 	corrective action because of substantiated maltreatment under section 626.556 or626.557
353.1 	or chapter 260E. The board shall make a determination upon receipt, and after the review, 
353.2 	of an investigation memorandum or other notice of substantiated maltreatment under section 
353.3 	626.556 or626.557, chapter 260E, or of a notice from the commissioner of human services 
353.4 	that a background study of a regulated person shows substantiated maltreatment.
353.5 	(b) Upon completion of its review of a report of substantiated maltreatment, the board 
353.6 	shall notify the commissioner of human services of its determination. The board shall notify 
353.7 	the commissioner of human services if, following a review of the report of substantiated 
353.8 	maltreatment, the board determines that it does not have jurisdiction in the matter and the 
353.9 	commissioner shall make the appropriate disqualification decision regarding the regulated 
353.10 	person as otherwise provided in chapter 245C. The board shall also notify the commissioner 
353.11 	of health or the commissioner of human services immediately upon receipt of knowledge 
353.12 	of a facility or program allowing a regulated person to provide direct contact services at the 
353.13 	facility or program while not complying with requirements placed on the regulated person.
353.14 	(c) In addition to any other remedy provided by law, the board may, through its designated 
353.15 	board member, temporarily suspend the license of a licensee; deny a credential to an 
353.16 	applicant; or require the regulated person to be continuously supervised, if the board finds 
353.17 	there is probable cause to believe the regulated person referred to the board according to 
353.18 	paragraph (a) poses an immediate risk of harm to vulnerable persons. The board shall 
353.19 	consider all relevant information available, which may include but is not limited to:
353.20 	(1) the extent the action is needed to protect persons receiving services or the public;
353.21 	(2) the recency of the maltreatment;
353.22 	(3) the number of incidents of maltreatment;
353.23 	(4) the intrusiveness or violence of the maltreatment; and
353.24 	(5) the vulnerability of the victim of maltreatment.
353.25 	The action shall take effect upon written notice to the regulated person, served by certified 
353.26 	mail, specifying the statute violated. The board shall notify the commissioner of health or 
353.27 	the commissioner of human services of the suspension or denial of a credential. The action 
353.28 	shall remain in effect until the board issues a temporary stay or a final order in the matter 
353.29 	after a hearing or upon agreement between the board and the regulated person. At the time 
353.30 	the board issues the notice, the regulated person shall inform the board of all settings in 
353.31 	which the regulated person is employed or practices. The board shall inform all known 
353.32 	employment and practice settings of the board action and schedule a disciplinary hearing 
353.33 	to be held under chapter 14. The board shall provide the regulated person with at least 30 
354.1 	days' notice of the hearing, unless the parties agree to a hearing date that provides less than 
354.2 	30 days' notice, and shall schedule the hearing to begin no later than 90 days after issuance 
354.3 	of the notice of hearing.

354.4 	Sec. 39. Minnesota Statutes 2019 Supplement, section 243.166, subdivision 7, is amended 
354.5 	to read:
354.6 		Subd. 7.Use of data. (a) Except as otherwise provided in subdivision 4b or 7a or sections 
354.7 	244.052 and 299C.093, the data provided under this section is private data on individuals 
354.8 	under section 13.02, subdivision 12.
354.9 	(b) The data may be used only by law enforcement and corrections agencies for law 
354.10 	enforcement and corrections purposes. Law enforcement or a corrections agent may disclose 
354.11 	the status of an individual as a predatory offender to a child protection worker with a local 
354.12 	welfare agency for purposes of doing a family assessment under section 626.556 chapter 
354.13 	260E. A corrections agent may also disclose the status of an individual as a predatory 
354.14 	offender to comply with section 244.057.
354.15 	(c) The commissioner of human services is authorized to have access to the data for:
354.16 	(1) state-operated services, as defined in section 246.014, for the purposes described in 
354.17 	section 246.13, subdivision 2, paragraph (b); and
354.18 	(2) purposes of completing background studies under chapter 245C.

354.19 	Sec. 40. Minnesota Statutes 2018, section 245.8261, subdivision 9, is amended to read:
354.20 		Subd. 9.Conditions on use of restrictive procedures. Restrictive procedures must not:
354.21 	(1) be implemented with a child in a manner that constitutes sexual abuse, neglect, or 
354.22 	physical abuse under section 626.556 chapter 260E, the reporting of maltreatment of minors;
354.23 	(2) restrict a child's normal access to a nutritious diet, drinking water, adequate ventilation, 
354.24 	necessary medical care, ordinary hygiene facilities, or necessary clothing or to any protection 
354.25 	required by state licensing standards and federal regulations governing the program;
354.26 	(3) be used as punishment or for the convenience of staff; or
354.27 	(4) deny the child visitation or contact with legal counsel and next of kin.

355.1 	Sec. 41. Minnesota Statutes 2018, section 245A.04, subdivision 5, is amended to read:
355.2 		Subd. 5.Commissioner's right of access. (a) When the commissioner is exercising the 
355.3 	powers conferred by this chapter and, sections 245.69, 626.556, and 626.557, and chapter 
355.4 	260E, the commissioner must be given access to:
355.5 	(1) the physical plant and grounds where the program is provided;
355.6 	(2) documents and records, including records maintained in electronic format;
355.7 	(3) persons served by the program; and
355.8 	(4) staff and personnel records of current and former staff whenever the program is in 
355.9 	operation and the information is relevant to inspections or investigations conducted by the 
355.10 	commissioner. Upon request, the license holder must provide the commissioner verification 
355.11 	of documentation of staff work experience, training, or educational requirements.
355.12 	The commissioner must be given access without prior notice and as often as the 
355.13 	commissioner considers necessary if the commissioner is investigating alleged maltreatment, 
355.14 	conducting a licensing inspection, or investigating an alleged violation of applicable laws 
355.15 	or rules. In conducting inspections, the commissioner may request and shall receive assistance 
355.16 	from other state, county, and municipal governmental agencies and departments. The 
355.17 	applicant or license holder shall allow the commissioner to photocopy, photograph, and 
355.18 	make audio and video tape recordings during the inspection of the program at the 
355.19 	commissioner's expense. The commissioner shall obtain a court order or the consent of the 
355.20 	subject of the records or the parents or legal guardian of the subject before photocopying 
355.21 	hospital medical records.
355.22 	(b) Persons served by the program have the right to refuse to consent to be interviewed, 
355.23 	photographed, or audio or videotaped. Failure or refusal of an applicant or license holder 
355.24 	to fully comply with this subdivision is reasonable cause for the commissioner to deny the 
355.25 	application or immediately suspend or revoke the license.

355.26 	Sec. 42. Minnesota Statutes 2018, section 245A.06, subdivision 8, is amended to read:
355.27 		Subd. 8.Requirement to post conditional license.  For licensed family child care 
355.28 	providers and child care centers, upon receipt of any order of conditional license issued by 
355.29 	the commissioner under this section, and notwithstanding a pending request for 
355.30 	reconsideration of the order of conditional license by the license holder, the license holder 
355.31 	shall post the order of conditional license in a place that is conspicuous to the people receiving 
355.32 	services and all visitors to the facility for two years. When the order of conditional license 
355.33 	is accompanied by a maltreatment investigation memorandum prepared under section 
356.1 	626.556 or626.557 or chapter 260E, the investigation memoranda must be posted with the 
356.2 	order of conditional license.

356.3 	Sec. 43. Minnesota Statutes 2019 Supplement, section 245A.07, subdivision 3, is amended 
356.4 	to read:
356.5 		Subd. 3.License suspension, revocation, or fine. (a) The commissioner may suspend 
356.6 	or revoke a license, or impose a fine if:
356.7 	(1) a license holder fails to comply fully with applicable laws or rules including but not 
356.8 	limited to the requirements of this chapter and chapter 245C;
356.9 	(2) a license holder, a controlling individual, or an individual living in the household 
356.10 	where the licensed services are provided or is otherwise subject to a background study has 
356.11 	been disqualified and the disqualification was not set aside and no variance has been granted;
356.12 	(3) a license holder knowingly withholds relevant information from or gives false or 
356.13 	misleading information to the commissioner in connection with an application for a license, 
356.14 	in connection with the background study status of an individual, during an investigation, 
356.15 	or regarding compliance with applicable laws or rules;
356.16 	(4) a license holder is excluded from any program administered by the commissioner 
356.17 	under section 245.095; or
356.18 	(5) revocation is required under section 245A.04, subdivision 7, paragraph (d).
356.19 	A license holder who has had a license issued under this chapter suspended, revoked, 
356.20 	or has been ordered to pay a fine must be given notice of the action by certified mail or 
356.21 	personal service. If mailed, the notice must be mailed to the address shown on the application 
356.22 	or the last known address of the license holder. The notice must state in plain language the 
356.23 	reasons the license was suspended or revoked, or a fine was ordered.
356.24 	(b) If the license was suspended or revoked, the notice must inform the license holder 
356.25 	of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 
356.26 	1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking 
356.27 	a license. The appeal of an order suspending or revoking a license must be made in writing 
356.28 	by certified mail or personal service. If mailed, the appeal must be postmarked and sent to 
356.29 	the commissioner within ten calendar days after the license holder receives notice that the 
356.30 	license has been suspended or revoked. If a request is made by personal service, it must be 
356.31 	received by the commissioner within ten calendar days after the license holder received the 
356.32 	order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a 
356.33 	timely appeal of an order suspending or revoking a license, the license holder may continue 
357.1 	to operate the program as provided in section 245A.04, subdivision 7, paragraphs (f) and 
357.2 	(g), until the commissioner issues a final order on the suspension or revocation.
357.3 	(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license 
357.4 	holder of the responsibility for payment of fines and the right to a contested case hearing 
357.5 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an 
357.6 	order to pay a fine must be made in writing by certified mail or personal service. If mailed, 
357.7 	the appeal must be postmarked and sent to the commissioner within ten calendar days after 
357.8 	the license holder receives notice that the fine has been ordered. If a request is made by 
357.9 	personal service, it must be received by the commissioner within ten calendar days after 
357.10 	the license holder received the order.
357.11 	(2) The license holder shall pay the fines assessed on or before the payment date specified. 
357.12 	If the license holder fails to fully comply with the order, the commissioner may issue a 
357.13 	second fine or suspend the license until the license holder complies. If the license holder 
357.14 	receives state funds, the state, county, or municipal agencies or departments responsible for 
357.15 	administering the funds shall withhold payments and recover any payments made while the 
357.16 	license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine 
357.17 	until the commissioner issues a final order.
357.18 	(3) A license holder shall promptly notify the commissioner of human services, in writing, 
357.19 	when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the 
357.20 	commissioner determines that a violation has not been corrected as indicated by the order 
357.21 	to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify 
357.22 	the license holder by certified mail or personal service that a second fine has been assessed. 
357.23 	The license holder may appeal the second fine as provided under this subdivision.
357.24 	(4) Fines shall be assessed as follows:
357.25 	(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a 
357.26 	child under section 626.556 chapter 260E or the maltreatment of a vulnerable adult under 
357.27 	section 626.557 for which the license holder is determined responsible for the maltreatment 
357.28 	under section 626.556, subdivision 10e, paragraph (i), 260E.30, subdivision 4, paragraphs 
357.29 	(a) and (b), or 626.557, subdivision 9c, paragraph (c);
357.30 	(ii) if the commissioner determines that a determination of maltreatment for which the 
357.31 	license holder is responsible is the result of maltreatment that meets the definition of serious 
357.32 	maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit 
357.33 	$5,000;
358.1 	(iii) for a program that operates out of the license holder's home and a program licensed 
358.2 	under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license 
358.3 	holder shall not exceed $1,000 for each determination of maltreatment;
358.4 	(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule 
358.5 	governing matters of health, safety, or supervision, including but not limited to the provision 
358.6 	of adequate staff-to-child or adult ratios, and failure to comply with background study 
358.7 	requirements under chapter 245C; and
358.8 	(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule 
358.9 	other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).
358.10 	For purposes of this section, "occurrence" means each violation identified in the 
358.11 	commissioner's fine order. Fines assessed against a license holder that holds a license to 
358.12 	provide home and community-based services, as identified in section 245D.03, subdivision 
358.13 	1, and a community residential setting or day services facility license under chapter 245D
358.14 	where the services are provided, may be assessed against both licenses for the same 
358.15 	occurrence, but the combined amount of the fines shall not exceed the amount specified in 
358.16 	this clause for that occurrence.
358.17 	(5) When a fine has been assessed, the license holder may not avoid payment by closing, 
358.18 	selling, or otherwise transferring the licensed program to a third party. In such an event, the 
358.19 	license holder will be personally liable for payment. In the case of a corporation, each 
358.20 	controlling individual is personally and jointly liable for payment.
358.21 	(d) Except for background study violations involving the failure to comply with an order 
358.22 	to immediately remove an individual or an order to provide continuous, direct supervision, 
358.23 	the commissioner shall not issue a fine under paragraph (c) relating to a background study 
358.24 	violation to a license holder who self-corrects a background study violation before the 
358.25 	commissioner discovers the violation. A license holder who has previously exercised the 
358.26 	provisions of this paragraph to avoid a fine for a background study violation may not avoid 
358.27 	a fine for a subsequent background study violation unless at least 365 days have passed 
358.28 	since the license holder self-corrected the earlier background study violation.

358.29 	Sec. 44. Minnesota Statutes 2018, section 245A.07, subdivision 5, is amended to read:
358.30 		Subd. 5.Requirement to post licensing order or fine. For licensed family child care 
358.31 	providers and child care centers, upon receipt of any order of license suspension, temporary 
358.32 	immediate suspension, fine, or revocation issued by the commissioner under this section, 
358.33 	and notwithstanding a pending appeal of the order of license suspension, temporary 
359.1 	immediate suspension, fine, or revocation by the license holder, the license holder shall 
359.2 	post the order of license suspension, temporary immediate suspension, fine, or revocation 
359.3 	in a place that is conspicuous to the people receiving services and all visitors to the facility 
359.4 	for two years. When the order of license suspension, temporary immediate suspension, fine, 
359.5 	or revocation is accompanied by a maltreatment investigation memorandum prepared under 
359.6 	section 626.556 or626.557 or chapter 260E, the investigation memoranda must be posted 
359.7 	with the order of license suspension, temporary immediate suspension, fine, or revocation.

359.8 	Sec. 45. Minnesota Statutes 2018, section 245A.08, subdivision 2a, is amended to read:
359.9 		Subd. 2a.Consolidated contested case hearings. (a) When a denial of a license under 
359.10 	section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is based on 
359.11 	a disqualification for which reconsideration was timely requested and which was not set 
359.12 	aside under section 245C.22, the scope of the contested case hearing shall include the 
359.13 	disqualification and the licensing sanction or denial of a license, unless otherwise specified 
359.14 	in this subdivision. When the licensing sanction or denial of a license is based on a 
359.15 	determination of maltreatment under section 626.556 or626.557 or chapter 260E, or a 
359.16 	disqualification for serious or recurring maltreatment which was not set aside, the scope of 
359.17 	the contested case hearing shall include the maltreatment determination, disqualification, 
359.18 	and the licensing sanction or denial of a license, unless otherwise specified in this subdivision. 
359.19 	In such cases, a fair hearing under section 256.045 shall not be conducted as provided for 
359.20 	in sections 245C.27, 626.556, subdivision 10i 260E.33, and 626.557, subdivision 9d.
359.21 	(b) Except for family child care and child foster care, reconsideration of a maltreatment 
359.22 	determination under sections 626.556, subdivision 10i, 260E.33 and 626.557, subdivision 
359.23 	9d, and reconsideration of a disqualification under section 245C.22, shall not be conducted 
359.24 	when:
359.25 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
359.26 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
359.27 	or the disqualification of a license holder is based on serious or recurring maltreatment;
359.28 	(2) the denial of a license or licensing sanction is issued at the same time as the 
359.29 	maltreatment determination or disqualification; and
359.30 	(3) the license holder appeals the maltreatment determination or disqualification, and 
359.31 	denial of a license or licensing sanction. In these cases, a fair hearing shall not be conducted 
359.32 	under sections 245C.27, 626.556, subdivision 10i 260E.33, and 626.557, subdivision 9d. 
359.33 	The scope of the contested case hearing must include the maltreatment determination, 
359.34 	disqualification, and denial of a license or licensing sanction.
360.1 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
360.2 	determination or disqualification, but does not appeal the denial of a license or a licensing 
360.3 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
360.4 	626.556, subdivision 10i, 260E.33 and 626.557, subdivision 9d, and reconsideration of the 
360.5 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall 
360.6 	also be conducted as provided under sections 245C.27, 626.556, subdivision 10i 260E.33, 
360.7 	and 626.557, subdivision 9d.
360.8 	(c) In consolidated contested case hearings regarding sanctions issued in family child 
360.9 	care, child foster care, family adult day services, adult foster care, and community residential 
360.10 	settings, the county attorney shall defend the commissioner's orders in accordance with 
360.11 	section 245A.16, subdivision 4.
360.12 	(d) The commissioner's final order under subdivision 5 is the final agency action on the 
360.13 	issue of maltreatment and disqualification, including for purposes of subsequent background 
360.14 	studies under chapter 245C and is the only administrative appeal of the final agency 
360.15 	determination, specifically, including a challenge to the accuracy and completeness of data 
360.16 	under section 13.04.
360.17 	(e) When consolidated hearings under this subdivision involve a licensing sanction based 
360.18 	on a previous maltreatment determination for which the commissioner has issued a final 
360.19 	order in an appeal of that determination under section 256.045, or the individual failed to 
360.20 	exercise the right to appeal the previous maltreatment determination under section 626.556, 
360.21 	subdivision 10i, 260E.33 or 626.557, subdivision 9d, the commissioner's order is conclusive 
360.22 	on the issue of maltreatment. In such cases, the scope of the administrative law judge's 
360.23 	review shall be limited to the disqualification and the licensing sanction or denial of a license. 
360.24 	In the case of a denial of a license or a licensing sanction issued to a facility based on a 
360.25 	maltreatment determination regarding an individual who is not the license holder or a 
360.26 	household member, the scope of the administrative law judge's review includes the 
360.27 	maltreatment determination.
360.28 	(f) The hearings of all parties may be consolidated into a single contested case hearing 
360.29 	upon consent of all parties and the administrative law judge, if:
360.30 	(1) a maltreatment determination or disqualification, which was not set aside under 
360.31 	section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing 
360.32 	sanction under section 245A.07;
360.33 	(2) the disqualified subject is an individual other than the license holder and upon whom 
360.34 	a background study must be conducted under section 245C.03; and
361.1 	(3) the individual has a hearing right under section 245C.27.
361.2 	(g) When a denial of a license under section 245A.05 or a licensing sanction under 
361.3 	section 245A.07 is based on a disqualification for which reconsideration was requested and 
361.4 	was not set aside under section 245C.22, and the individual otherwise has no hearing right 
361.5 	under section 245C.27, the scope of the administrative law judge's review shall include the 
361.6 	denial or sanction and a determination whether the disqualification should be set aside, 
361.7 	unless section 245C.24 prohibits the set-aside of the disqualification. In determining whether 
361.8 	the disqualification should be set aside, the administrative law judge shall consider the 
361.9 	factors under section 245C.22, subdivision 4, to determine whether the individual poses a 
361.10 	risk of harm to any person receiving services from the license holder.
361.11 	(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction under 
361.12 	section 245A.07 is based on the termination of a variance under section 245C.30, subdivision 
361.13 	4, the scope of the administrative law judge's review shall include the sanction and a 
361.14 	determination whether the disqualification should be set aside, unless section 245C.24
361.15 	prohibits the set-aside of the disqualification. In determining whether the disqualification 
361.16 	should be set aside, the administrative law judge shall consider the factors under section 
361.17 	245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any 
361.18 	person receiving services from the license holder.

361.19 	Sec. 46. Minnesota Statutes 2018, section 245A.085, is amended to read:
361.20 	245A.085 CONSOLIDATION OF HEARINGS; RECONSIDERATION.
361.21 	Hearings authorized under this chapter, chapter 245C, and sections 256.045, 256B.04, 
361.22 	626.556, and 626.557, and chapters 245C and 260E, shall be consolidated if feasible and 
361.23 	in accordance with other applicable statutes and rules. Reconsideration under sections 
361.24 	245C.28; 626.556, subdivision 10i 260E.33; and 626.557, subdivision 9d, shall also be 
361.25 	consolidated if feasible.

361.26 	Sec. 47. Minnesota Statutes 2018, section 245A.11, subdivision 7b, is amended to read:
361.27 		Subd. 7b.Adult foster care data privacy and security. (a) An adult foster care or 
361.28 	community residential setting license holder who creates, collects, records, maintains, stores, 
361.29 	or discloses any individually identifiable recipient data, whether in an electronic or any 
361.30 	other format, must comply with the privacy and security provisions of applicable privacy 
361.31 	laws and regulations, including:
362.1 	(1) the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), 
362.2 	Public Law 104-1; and the HIPAA Privacy Rule, Code of Federal Regulations, title 45, part 
362.3 	160, and subparts A and E of part 164; and
362.4 	(2) the Minnesota Government Data Practices Act as codified in chapter 13.
362.5 	(b) For purposes of licensure, the license holder shall be monitored for compliance with 
362.6 	the following data privacy and security provisions:
362.7 	(1) the license holder must control access to data on residents served by the program 
362.8 	according to the definitions of public and private data on individuals under section 13.02; 
362.9 	classification of the data on individuals as private under section 13.46, subdivision 2; and 
362.10 	control over the collection, storage, use, access, protection, and contracting related to data 
362.11 	according to section 13.05, in which the license holder is assigned the duties of a government 
362.12 	entity;
362.13 	(2) the license holder must provide each resident served by the program with a notice 
362.14 	that meets the requirements under section 13.04, in which the license holder is assigned the 
362.15 	duties of the government entity, and that meets the requirements of Code of Federal 
362.16 	Regulations, title 45, part 164.52. The notice shall describe the purpose for collection of 
362.17 	the data, and to whom and why it may be disclosed pursuant to law. The notice must inform 
362.18 	the individual that the license holder uses electronic monitoring and, if applicable, that 
362.19 	recording technology is used;
362.20 	(3) the license holder must not install monitoring cameras in bathrooms;
362.21 	(4) electronic monitoring cameras must not be concealed from the residents served by 
362.22 	the program; and
362.23 	(5) electronic video and audio recordings of residents served by the program shall be 
362.24 	stored by the license holder for five days unless: (i) a resident served by the program or 
362.25 	legal representative requests that the recording be held longer based on a specific report of 
362.26 	alleged maltreatment; or (ii) the recording captures an incident or event of alleged 
362.27 	maltreatment under section 626.556 or626.557or chapter 260E or a crime under chapter 
362.28 	609. When requested by a resident served by the program or when a recording captures an 
362.29 	incident or event of alleged maltreatment or a crime, the license holder must maintain the 
362.30 	recording in a secured area for no longer than 30 days to give the investigating agency an 
362.31 	opportunity to make a copy of the recording. The investigating agency will maintain the 
362.32 	electronic video or audio recordings as required in section 626.557, subdivision 12b.
363.1 	(c) The commissioner shall develop, and make available to license holders and county 
363.2 	licensing workers, a checklist of the data privacy provisions to be monitored for purposes 
363.3 	of licensure.

363.4 	Sec. 48. Minnesota Statutes 2019 Supplement, section 245A.145, subdivision 1, is amended 
363.5 	to read:
363.6 		Subdivision 1.Policies and procedures. (a) The Department of Human Services must 
363.7 	develop policies and procedures for reporting suspected child maltreatment that fulfill the 
363.8 	requirements in section 626.556 chapter 260E and provide the policies and procedures to 
363.9 	all licensed child care providers. The policies and procedures must be written in plain 
363.10 	language.
363.11 	(b) The policies and procedures required in paragraph (a) must:
363.12 	(1) be provided to the parents of all children at the time of enrollment in the child care 
363.13 	program; and
363.14 	(2) be made available upon request.

363.15 	Sec. 49. Minnesota Statutes 2019 Supplement, section 245A.40, subdivision 1, is amended 
363.16 	to read:
363.17 		Subdivision 1.Orientation. (a) The child care center license holder must ensure that 
363.18 	the director, staff persons, substitutes, and unsupervised volunteers are given orientation 
363.19 	training and successfully complete the training before starting assigned duties. The orientation 
363.20 	training must include information about:
363.21 	(1) the center's philosophy, child care program, and procedures for maintaining health 
363.22 	and safety according to section 245A.41 and Minnesota Rules, part 9503.0140, and handling 
363.23 	emergencies and accidents according to Minnesota Rules, part 9503.0110;
363.24 	(2) specific job responsibilities;
363.25 	(3) the behavior guidance standards in Minnesota Rules, part 9503.0055;
363.26 	(4) the reporting responsibilities in section 626.556, chapter 260E and Minnesota Rules, 
363.27 	part 9503.0130;
363.28 	(5) the center's drug and alcohol policy under section 245A.04, subdivision 1, paragraph 
363.29 	(c);
363.30 	(6) the center's risk reduction plan as required under section 245A.66, subdivision 2;
364.1 	(7) at least one-half hour of training on the standards under section 245A.1435 and on 
364.2 	reducing the risk of sudden unexpected infant death as required in subdivision 5, if applicable;
364.3 	(8) at least one-half hour of training on the risk of abusive head trauma as required for 
364.4 	the director and staff under subdivision 5a, if applicable; and
364.5 	(9) training required by a child's individual child care program plan as required under 
364.6 	Minnesota Rules, part 9503.0065, subpart 3, if applicable.
364.7 	(b) In addition to paragraph (a), before having unsupervised direct contact with a child, 
364.8 	the director and staff persons within the first 90 days of employment, and substitutes and 
364.9 	unsupervised volunteers within 90 days after the first date of direct contact with a child, 
364.10 	must complete:
364.11 	(1) pediatric first aid, in accordance with subdivision 3; and
364.12 	(2) pediatric cardiopulmonary resuscitation, in accordance with subdivision 4.
364.13 	(c) In addition to paragraph (b), the director and staff persons within the first 90 days 
364.14 	of employment, and substitutes and unsupervised volunteers within 90 days from the first 
364.15 	date of direct contact with a child, must complete training in child development, in accordance 
364.16 	with subdivision 2.
364.17 	(d) The license holder must ensure that documentation, as required in subdivision 10, 
364.18 	identifies the number of hours completed for each topic with a minimum training time 
364.19 	identified, if applicable, and that all required content is included.
364.20 	(e) Training in this subdivision must not be used to meet in-service training requirements 
364.21 	in subdivision 7.
364.22 	(f) Training completed within the previous 12 months under paragraphs (a), clauses (7) 
364.23 	and (8), and (c) are transferable to another child care center.

364.24 	Sec. 50. Minnesota Statutes 2018, section 245C.05, subdivision 6, is amended to read:
364.25 		Subd. 6.Applicant, license holder, other entities, and agencies. (a) The applicant, 
364.26 	license holder, other entities as provided in this chapter, Bureau of Criminal Apprehension, 
364.27 	law enforcement agencies, commissioner of health, and county agencies shall help with the 
364.28 	study by giving the commissioner criminal conviction data and reports about the maltreatment 
364.29 	of adults substantiated under section 626.557 and the maltreatment of minors substantiated 
364.30 	under section 626.556 chapter 260E.
364.31 	(b) If a background study is initiated by an applicant, license holder, or other entities as 
364.32 	provided in this chapter, and the applicant, license holder, or other entity receives information 
365.1 	about the possible criminal or maltreatment history of an individual who is the subject of 
365.2 	the background study, the applicant, license holder, or other entity must immediately provide 
365.3 	the information to the commissioner.
365.4 	(c) The program or county or other agency must provide written notice to the individual 
365.5 	who is the subject of the background study of the requirements under this subdivision.

365.6 	Sec. 51. Minnesota Statutes 2018, section 245C.15, subdivision 4, is amended to read:
365.7 		Subd. 4.Seven-year disqualification. (a) An individual is disqualified under section 
365.8 	245C.14 if: (1) less than seven years has passed since the discharge of the sentence imposed, 
365.9 	if any, for the offense; and (2) the individual has committed a misdemeanor-level violation 
365.10 	of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182
365.11 	(fraud); 393.07, subdivision 10, paragraph (c) (federal Food Stamp Program fraud); 609.2112, 
365.12 	609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first 
365.13 	degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 
365.14 	609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242
365.15 	(domestic assault); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure 
365.16 	to report maltreatment of a vulnerable adult); 609.2672 (assault of an unborn child in the 
365.17 	third degree); 609.27 (coercion); violation of an order for protection under 609.3232
365.18 	(protective order authorized; procedures; penalties); 609.466 (medical assistance fraud); 
365.19 	609.52 (theft); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 
365.20 	609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.611
365.21 	(insurance fraud); 609.66 (dangerous weapons); 609.665 (spring guns); 609.746 (interference 
365.22 	with privacy); 609.79 (obscene or harassing telephone calls); 609.795 (letter, telegram, or 
365.23 	package; opening; harassment); 609.82 (fraud in obtaining credit); 609.821 (financial 
365.24 	transaction card fraud); 617.23 (indecent exposure), not involving a minor; 617.293 (harmful 
365.25 	materials; dissemination and display to minors prohibited); or Minnesota Statutes 2012, 
365.26 	section 609.21; or violation of an order for protection under section 518B.01 (Domestic 
365.27 	Abuse Act).
365.28 	(b) An individual is disqualified under section 245C.14 if less than seven years has 
365.29 	passed since a determination or disposition of the individual's:
365.30 	(1) failure to make required reports under section 626.556, subdivision 3, 260E.06 or 
365.31 	626.557, subdivision 3, for incidents in which: (i) the final disposition under section 626.556
365.32 	or626.557or chapter 260E was substantiated maltreatment, and (ii) the maltreatment was 
365.33 	recurring or serious; or
366.1 	(2) substantiated serious or recurring maltreatment of a minor under section 626.556
366.2 	chapter 260E, a vulnerable adult under section 626.557, or serious or recurring maltreatment 
366.3 	in any other state, the elements of which are substantially similar to the elements of 
366.4 	maltreatment under section 626.556 or626.557or chapter 260E for which: (i) there is a 
366.5 	preponderance of evidence that the maltreatment occurred, and (ii) the subject was 
366.6 	responsible for the maltreatment.
366.7 	(c) An individual is disqualified under section 245C.14 if less than seven years has 
366.8 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of 
366.9 	the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota 
366.10 	Statutes.
366.11 	(d) An individual is disqualified under section 245C.14 if less than seven years has 
366.12 	passed since the discharge of the sentence imposed for an offense in any other state or 
366.13 	country, the elements of which are substantially similar to the elements of any of the offenses 
366.14 	listed in paragraphs (a) and (b).
366.15 	(e) When a disqualification is based on a judicial determination other than a conviction, 
366.16 	the disqualification period begins from the date of the court order. When a disqualification 
366.17 	is based on an admission, the disqualification period begins from the date of an admission 
366.18 	in court. When a disqualification is based on an Alford Plea, the disqualification period 
366.19 	begins from the date the Alford Plea is entered in court. When a disqualification is based 
366.20 	on a preponderance of evidence of a disqualifying act, the disqualification date begins from 
366.21 	the date of the dismissal, the date of discharge of the sentence imposed for a conviction for 
366.22 	a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
366.23 	(f) An individual is disqualified under section 245C.14 if less than seven years has passed 
366.24 	since the individual was disqualified under section 256.98, subdivision 8.

366.25 	Sec. 52. Minnesota Statutes 2018, section 245C.16, subdivision 1, is amended to read:
366.26 		Subdivision 1.Determining immediate risk of harm. (a) If the commissioner determines 
366.27 	that the individual studied has a disqualifying characteristic, the commissioner shall review 
366.28 	the information immediately available and make a determination as to the subject's immediate 
366.29 	risk of harm to persons served by the program where the individual studied will have direct 
366.30 	contact with, or access to, people receiving services.
366.31 	(b) The commissioner shall consider all relevant information available, including the 
366.32 	following factors in determining the immediate risk of harm:
366.33 	(1) the recency of the disqualifying characteristic;
367.1 	(2) the recency of discharge from probation for the crimes;
367.2 	(3) the number of disqualifying characteristics;
367.3 	(4) the intrusiveness or violence of the disqualifying characteristic;
367.4 	(5) the vulnerability of the victim involved in the disqualifying characteristic;
367.5 	(6) the similarity of the victim to the persons served by the program where the individual 
367.6 	studied will have direct contact;
367.7 	(7) whether the individual has a disqualification from a previous background study that 
367.8 	has not been set aside; and
367.9 	(8) if the individual has a disqualification which may not be set aside because it is a 
367.10 	permanent bar under section 245C.24, subdivision 1, or the individual is a child care 
367.11 	background study subject who has a felony-level conviction for a drug-related offense in 
367.12 	the last five years, the commissioner may order the immediate removal of the individual 
367.13 	from any position allowing direct contact with, or access to, persons receiving services from 
367.14 	the program.
367.15 	(c) This section does not apply when the subject of a background study is regulated by 
367.16 	a health-related licensing board as defined in chapter 214, and the subject is determined to 
367.17 	be responsible for substantiated maltreatment under section 626.556 or626.557 or chapter 
367.18 	260E.
367.19 	(d) This section does not apply to a background study related to an initial application 
367.20 	for a child foster care license.
367.21 	(e) Except for paragraph (f), this section does not apply to a background study that is 
367.22 	also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a 
367.23 	personal care assistant or a qualified professional as defined in section 256B.0659, 
367.24 	subdivision 1.
367.25 	(f) If the commissioner has reason to believe, based on arrest information or an active 
367.26 	maltreatment investigation, that an individual poses an imminent risk of harm to persons 
367.27 	receiving services, the commissioner may order that the person be continuously supervised 
367.28 	or immediately removed pending the conclusion of the maltreatment investigation or criminal 
367.29 	proceedings.

367.30 	Sec. 53. Minnesota Statutes 2018, section 245C.17, subdivision 3, is amended to read:
367.31 		Subd. 3.Disqualification notification. (a) The commissioner shall notify an applicant, 
367.32 	license holder, or other entity as provided in this chapter who is not the subject of the study:
368.1 	(1) that the commissioner has found information that disqualifies the individual studied 
368.2 	from being in a position allowing direct contact with, or access to, people served by the 
368.3 	program; and
368.4 	(2) the commissioner's determination of the individual's risk of harm under section 
368.5 	245C.16.
368.6 	(b) If the commissioner determines under section 245C.16 that an individual studied 
368.7 	poses an imminent risk of harm to persons served by the program where the individual 
368.8 	studied will have direct contact with, or access to, people served by the program, the 
368.9 	commissioner shall order the license holder to immediately remove the individual studied 
368.10 	from any position allowing direct contact with, or access to, people served by the program.
368.11 	(c) If the commissioner determines under section 245C.16 that an individual studied 
368.12 	poses a risk of harm that requires continuous, direct supervision, the commissioner shall 
368.13 	order the applicant, license holder, or other entities as provided in this chapter to:
368.14 	(1) immediately remove the individual studied from any position allowing direct contact 
368.15 	with, or access to, people receiving services; or
368.16 	(2) before allowing the disqualified individual to be in a position allowing direct contact 
368.17 	with, or access to, people receiving services, the applicant, license holder, or other entity, 
368.18 	as provided in this chapter, must:
368.19 	(i) obtain from the disqualified individual a copy of the individual's notice of 
368.20 	disqualification from the commissioner that explains the reason for disqualification;
368.21 	(ii) ensure that the individual studied is under continuous, direct supervision when in a 
368.22 	position allowing direct contact with, or access to, people receiving services during the 
368.23 	period in which the individual may request a reconsideration of the disqualification under 
368.24 	section 245C.21; and
368.25 	(iii) ensure that the disqualified individual requests reconsideration within 30 days of 
368.26 	receipt of the notice of disqualification.
368.27 	(d) If the commissioner determines under section 245C.16 that an individual studied 
368.28 	does not pose a risk of harm that requires continuous, direct supervision, the commissioner 
368.29 	shall order the applicant, license holder, or other entities as provided in this chapter to:
368.30 	(1) immediately remove the individual studied from any position allowing direct contact 
368.31 	with, or access to, people receiving services; or
369.1 	(2) before allowing the disqualified individual to be in any position allowing direct 
369.2 	contact with, or access to, people receiving services, the applicant, license holder, or other 
369.3 	entity as provided in this chapter must:
369.4 	(i) obtain from the disqualified individual a copy of the individual's notice of 
369.5 	disqualification from the commissioner that explains the reason for disqualification; and
369.6 	(ii) ensure that the disqualified individual requests reconsideration within 15 days of 
369.7 	receipt of the notice of disqualification.
369.8 	(e) The commissioner shall not notify the applicant, license holder, or other entity as 
369.9 	provided in this chapter of the information contained in the subject's background study 
369.10 	unless:
369.11 	(1) the basis for the disqualification is failure to cooperate with the background study 
369.12 	or substantiated maltreatment under section 626.556 or626.557 or chapter 260E;
369.13 	(2) the Data Practices Act under chapter 13 provides for release of the information; or
369.14 	(3) the individual studied authorizes the release of the information.

369.15 	Sec. 54. Minnesota Statutes 2018, section 245C.21, subdivision 2, is amended to read:
369.16 		Subd. 2.Time frame for requesting reconsideration. (a) When the commissioner 
369.17 	sends an individual a notice of disqualification based on a finding under section 245C.16, 
369.18 	subdivision 2, paragraph (a), clause (1) or (2), the disqualified individual must submit the 
369.19 	request for a reconsideration within 30 calendar days of the individual's receipt of the notice 
369.20 	of disqualification. If mailed, the request for reconsideration must be postmarked and sent 
369.21 	to the commissioner within 30 calendar days of the individual's receipt of the notice of 
369.22 	disqualification. If a request for reconsideration is made by personal service, it must be 
369.23 	received by the commissioner within 30 calendar days after the individual's receipt of the 
369.24 	notice of disqualification. Upon showing that the information under subdivision 3 cannot 
369.25 	be obtained within 30 days, the disqualified individual may request additional time, not to 
369.26 	exceed 30 days, to obtain the information.
369.27 	(b) When the commissioner sends an individual a notice of disqualification based on a 
369.28 	finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the disqualified 
369.29 	individual must submit the request for reconsideration within 15 calendar days of the 
369.30 	individual's receipt of the notice of disqualification. If mailed, the request for reconsideration 
369.31 	must be postmarked and sent to the commissioner within 15 calendar days of the individual's 
369.32 	receipt of the notice of disqualification. If a request for reconsideration is made by personal 
370.1 	service, it must be received by the commissioner within 15 calendar days after the individual's 
370.2 	receipt of the notice of disqualification.
370.3 	(c) An individual who was determined to have maltreated a child under section 626.556
370.4 	chapter 260E or a vulnerable adult under section 626.557, and who is disqualified on the 
370.5 	basis of serious or recurring maltreatment, may request a reconsideration of both the 
370.6 	maltreatment and the disqualification determinations. The request must be submitted within 
370.7 	30 calendar days of the individual's receipt of the notice of disqualification. If mailed, the 
370.8 	request for reconsideration must be postmarked and sent to the commissioner within 30 
370.9 	calendar days of the individual's receipt of the notice of disqualification. If a request for 
370.10 	reconsideration is made by personal service, it must be received by the commissioner within 
370.11 	30 calendar days after the individual's receipt of the notice of disqualification.
370.12 	(d) Except for family child care and child foster care, reconsideration of a maltreatment 
370.13 	determination under sections 626.556, subdivision 10i, 260E.33 and 626.557, subdivision 
370.14 	9d, and reconsideration of a disqualification under section 245C.22, shall not be conducted 
370.15 	when:
370.16 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
370.17 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
370.18 	or the disqualification of a license holder based on serious or recurring maltreatment;
370.19 	(2) the denial of a license or licensing sanction is issued at the same time as the 
370.20 	maltreatment determination or disqualification; and
370.21 	(3) the license holder appeals the maltreatment determination, disqualification, and 
370.22 	denial of a license or licensing sanction. In such cases, a fair hearing under section 256.045
370.23 	must not be conducted under sections 245C.27, 626.556, subdivision 10i 260E.33, and 
370.24 	626.557, subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the 
370.25 	consolidated contested case hearing must include the maltreatment determination, 
370.26 	disqualification, and denial of a license or licensing sanction.
370.27 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
370.28 	determination or disqualification, but does not appeal the denial of a license or a licensing 
370.29 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
370.30 	626.556, subdivision 10i, 260E.33 and 626.557, subdivision 9d, and reconsideration of the 
370.31 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall 
370.32 	also be conducted as provided under sections 245C.27, 626.556, subdivision 10i 260E.33, 
370.33 	and 626.557, subdivision 9d.

371.1 	Sec. 55. Minnesota Statutes 2018, section 245C.24, subdivision 4, is amended to read:
371.2 		Subd. 4.Seven-year bar to set aside disqualification. The commissioner may not set 
371.3 	aside the disqualification of an individual in connection with a license to provide family 
371.4 	child care for children, foster care for children in the provider's home, or foster care or day 
371.5 	care services for adults in the provider's home if within seven years preceding the study:
371.6 	(1) the individual committed an act that constitutes maltreatment of a child under section 
371.7 	626.556, subdivision 10e, sections 260E.24, subdivisions 1, 2, and 3, and 260E.30, 
371.8 	subdivisions 1, 2, and 4, and the maltreatment resulted in substantial bodily harm as defined 
371.9 	in section 609.02, subdivision 7a, or substantial mental or emotional harm as supported by 
371.10 	competent psychological or psychiatric evidence; or
371.11 	(2) the individual was determined under section 626.557 to be the perpetrator of a 
371.12 	substantiated incident of maltreatment of a vulnerable adult that resulted in substantial 
371.13 	bodily harm as defined in section 609.02, subdivision 7a, or substantial mental or emotional 
371.14 	harm as supported by competent psychological or psychiatric evidence.

371.15 	Sec. 56. Minnesota Statutes 2018, section 245C.25, is amended to read:
371.16 	245C.25 CONSOLIDATED RECONSIDERATION OF MALTREATMENT 
371.17 	DETERMINATION AND DISQUALIFICATION.
371.18 	If an individual is disqualified on the basis of a determination of maltreatment under 
371.19 	section 626.556 or626.557 or chapter 260E, which was serious or recurring, and the 
371.20 	individual requests reconsideration of the maltreatment determination under section 626.556, 
371.21 	subdivision 10i, 260E.33 or 626.557, subdivision 9d, and also requests reconsideration of 
371.22 	the disqualification under section 245C.21, the commissioner shall consolidate the 
371.23 	reconsideration of the maltreatment determination and the disqualification into a single 
371.24 	reconsideration.

371.25 	Sec. 57. Minnesota Statutes 2018, section 245C.27, subdivision 1, is amended to read:
371.26 		Subdivision 1.Fair hearing following a reconsideration decision. (a) An individual 
371.27 	who is disqualified on the basis of a preponderance of evidence that the individual committed 
371.28 	an act or acts that meet the definition of any of the crimes listed in section 245C.15; for a 
371.29 	determination under section 626.556 or626.557or chapter 260E of substantiated 
371.30 	maltreatment that was serious or recurring under section 245C.15; or for failure to make 
371.31 	required reports under section 626.556, subdivision 3; 260E.06, subdivision 1 or 2; 260E.11, 
371.32 	subdivision 1; or 626.557, subdivision 3, pursuant to section 245C.15, subdivision 4, 
372.1 	paragraph (b), clause (1), may request a fair hearing under section 256.045, following a 
372.2 	reconsideration decision issued under section 245C.23, unless the disqualification is deemed 
372.3 	conclusive under section 245C.29.
372.4 	(b) The fair hearing is the only administrative appeal of the final agency determination 
372.5 	for purposes of appeal by the disqualified individual. The disqualified individual does not 
372.6 	have the right to challenge the accuracy and completeness of data under section 13.04.
372.7 	(c) Except as provided under paragraph (e), if the individual was disqualified based on 
372.8 	a conviction of, admission to, or Alford Plea to any crimes listed in section 245C.15, 
372.9 	subdivisions 1 to 4, or for a disqualification under section 256.98, subdivision 8, the 
372.10 	reconsideration decision under section 245C.22 is the final agency determination for purposes 
372.11 	of appeal by the disqualified individual and is not subject to a hearing under section 256.045. 
372.12 	If the individual was disqualified based on a judicial determination, that determination is 
372.13 	treated the same as a conviction for purposes of appeal.
372.14 	(d) This subdivision does not apply to a public employee's appeal of a disqualification 
372.15 	under section 245C.28, subdivision 3.
372.16 	(e) Notwithstanding paragraph (c), if the commissioner does not set aside a 
372.17 	disqualification of an individual who was disqualified based on both a preponderance of 
372.18 	evidence and a conviction or admission, the individual may request a fair hearing under 
372.19 	section 256.045, unless the disqualifications are deemed conclusive under section 245C.29. 
372.20 	The scope of the hearing conducted under section 256.045 with regard to the disqualification 
372.21 	based on a conviction or admission shall be limited solely to whether the individual poses 
372.22 	a risk of harm, according to section 256.045, subdivision 3b. In this case, the reconsideration 
372.23 	decision under section 245C.22 is not the final agency decision for purposes of appeal by 
372.24 	the disqualified individual.

372.25 	Sec. 58. Minnesota Statutes 2018, section 245C.27, subdivision 2, is amended to read:
372.26 		Subd. 2.Consolidated fair hearing following a reconsideration decision. (a) If an 
372.27 	individual who is disqualified on the bases of serious or recurring maltreatment requests a 
372.28 	fair hearing on the maltreatment determination under section 626.556, subdivision 10i,
372.29 	260E.33 or 626.557, subdivision 9d, and requests a fair hearing under this section on the 
372.30 	disqualification following a reconsideration decision under section 245C.23, the scope of 
372.31 	the fair hearing under section 256.045 shall include the maltreatment determination and the 
372.32 	disqualification.
373.1 	(b) A fair hearing is the only administrative appeal of the final agency determination. 
373.2 	The disqualified individual does not have the right to challenge the accuracy and 
373.3 	completeness of data under section 13.04.
373.4 	(c) This subdivision does not apply to a public employee's appeal of a disqualification 
373.5 	under section 245C.28, subdivision 3.

373.6 	Sec. 59. Minnesota Statutes 2018, section 245C.28, subdivision 1, is amended to read:
373.7 		Subdivision 1.License holder. (a) If a maltreatment determination or a disqualification 
373.8 	for which reconsideration was timely requested and which was not set aside is the basis for 
373.9 	a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, 
373.10 	the license holder has the right to a contested case hearing under chapter 14 and Minnesota 
373.11 	Rules, parts 1400.8505 to 1400.8612. The license holder must submit the appeal under 
373.12 	section 245A.05 or 245A.07, subdivision 3.
373.13 	(b) As provided under section 245A.08, subdivision 2a, if the denial of a license or 
373.14 	licensing sanction is based on a disqualification for which reconsideration was timely 
373.15 	requested and was not set aside, the scope of the consolidated contested case hearing must 
373.16 	include:
373.17 	(1) the disqualification, to the extent the license holder otherwise has a hearing right on 
373.18 	the disqualification under this chapter; and
373.19 	(2) the licensing sanction or denial of a license.
373.20 	(c) As provided for under section 245A.08, subdivision 2a, if the denial of a license or 
373.21 	licensing sanction is based on a determination of maltreatment under section 626.556 or
373.22 	626.557 or chapter 260E, or a disqualification for serious or recurring maltreatment which 
373.23 	was not set aside, the scope of the contested case hearing must include:
373.24 	(1) the maltreatment determination, if the maltreatment is not conclusive under section 
373.25 	245C.29;
373.26 	(2) the disqualification, if the disqualification is not conclusive under section 245C.29; 
373.27 	and
373.28 	(3) the licensing sanction or denial of a license. In such cases, a fair hearing must not 
373.29 	be conducted under section 256.045. If the disqualification was based on a determination 
373.30 	of substantiated serious or recurring maltreatment under section 626.556 or626.557 or 
373.31 	chapter 260E, the appeal must be submitted under sections 245A.07, subdivision 3, and 
373.32 	626.556, subdivision 10i, 260E.33, or 626.557, subdivision 9d.
374.1 	(d) Except for family child care and child foster care, reconsideration of a maltreatment 
374.2 	determination under sections 626.556, subdivision 10i, 260E.33 and 626.557, subdivision 
374.3 	9d, and reconsideration of a disqualification under section 245C.22, must not be conducted 
374.4 	when:
374.5 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
374.6 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
374.7 	or the disqualification of a license holder based on serious or recurring maltreatment;
374.8 	(2) the denial of a license or licensing sanction is issued at the same time as the 
374.9 	maltreatment determination or disqualification; and
374.10 	(3) the license holder appeals the maltreatment determination, disqualification, and 
374.11 	denial of a license or licensing sanction. In such cases a fair hearing under section 256.045 
374.12 	must not be conducted under sections 245C.27, 626.556, subdivision 10i, 260E.33, and 
374.13 	626.557, subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the 
374.14 	consolidated contested case hearing must include the maltreatment determination, 
374.15 	disqualification, and denial of a license or licensing sanction.
374.16 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
374.17 	determination or disqualification, but does not appeal the denial of a license or a licensing 
374.18 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
374.19 	626.556, subdivision 10i, 260E.33 and 626.557, subdivision 9d, and reconsideration of the 
374.20 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall 
374.21 	also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, 260E.33,
374.22 	and 626.557, subdivision 9d.

374.23 	Sec. 60. Minnesota Statutes 2018, section 245C.29, subdivision 1, is amended to read:
374.24 		Subdivision 1.Conclusive maltreatment determination or disposition. Unless 
374.25 	otherwise specified in statute, a maltreatment determination or disposition under section 
374.26 	626.556 or626.557or chapter 260E is conclusive, if:
374.27 	(1) the commissioner has issued a final order in an appeal of that determination or 
374.28 	disposition under section 245A.08, subdivision 5, or 256.045;
374.29 	(2) the individual did not request reconsideration of the maltreatment determination or 
374.30 	disposition under section 626.556 or626.557 or chapter 260E; or
374.31 	(3) the individual did not request a hearing of the maltreatment determination or 
374.32 	disposition under section 256.045.

375.1 	Sec. 61. Minnesota Statutes 2018, section 245C.31, subdivision 1, is amended to read:
375.2 		Subdivision 1.Board determines disciplinary or corrective action. (a) When the 
375.3 	subject of a background study is regulated by a health-related licensing board as defined in 
375.4 	chapter 214, and the commissioner determines that the regulated individual is responsible 
375.5 	for substantiated maltreatment under section 626.556 or626.557 or chapter 260E, instead 
375.6 	of the commissioner making a decision regarding disqualification, the board shall make a 
375.7 	determination whether to impose disciplinary or corrective action under chapter 214.
375.8 	(b) This section does not apply to a background study of an individual regulated by a 
375.9 	health-related licensing board if the individual's study is related to child foster care, adult 
375.10 	foster care, or family child care licensure.

375.11 	Sec. 62. Minnesota Statutes 2018, section 245C.32, subdivision 2, is amended to read:
375.12 		Subd. 2.Use. (a) The commissioner may also use these systems and records to obtain 
375.13 	and provide criminal history data from the Bureau of Criminal Apprehension, criminal 
375.14 	history data held by the commissioner, and data about substantiated maltreatment under 
375.15 	section 626.556 or626.557 or chapter 260E, for other purposes, provided that:
375.16 	(1) the background study is specifically authorized in statute; or
375.17 	(2) the request is made with the informed consent of the subject of the study as provided 
375.18 	in section 13.05, subdivision 4.
375.19 	(b) An individual making a request under paragraph (a), clause (2), must agree in writing 
375.20 	not to disclose the data to any other individual without the consent of the subject of the data.
375.21 	(c) The commissioner may recover the cost of obtaining and providing background study 
375.22 	data by charging the individual or entity requesting the study a fee of no more than $20 per 
375.23 	study. The fees collected under this paragraph are appropriated to the commissioner for the 
375.24 	purpose of conducting background studies.
375.25 	(d) The commissioner shall recover the cost of obtaining background study data required 
375.26 	under section 524.5-118 through a fee of $50 per study for an individual who has not lived 
375.27 	outside Minnesota for the past ten years, and a fee of $100 for an individual who has resided 
375.28 	outside of Minnesota for any period during the ten years preceding the background study. 
375.29 	The commissioner shall recover, from the individual, any additional fees charged by other 
375.30 	states' licensing agencies that are associated with these data requests. Fees under subdivision 
375.31 	3 also apply when criminal history data from the National Criminal Records Repository is 
375.32 	required.

376.1 	Sec. 63. Minnesota Statutes 2018, section 245D.02, subdivision 11, as amended by Laws 
376.2 	2020, chapter 115, article 4, section 81, is amended to read:
376.3 		Subd. 11.Incident. "Incident" means an occurrence which involves a person and requires 
376.4 	the program to make a response that is not a part of the program's ordinary provision of 
376.5 	services to that person, and includes:
376.6 	(1) serious injury of a person as determined by section 245.91, subdivision 6;
376.7 	(2) a person's death;
376.8 	(3) any medical emergency, unexpected serious illness, or significant unexpected change 
376.9 	in an illness or medical condition of a person that requires the program to call 911, physician 
376.10 	or advanced practice registered nurse treatment, or hospitalization;
376.11 	(4) any mental health crisis that requires the program to call 911, a mental health crisis 
376.12 	intervention team, or a similar mental health response team or service when available and 
376.13 	appropriate;
376.14 	(5) an act or situation involving a person that requires the program to call 911, law 
376.15 	enforcement, or the fire department;
376.16 	(6) a person's unauthorized or unexplained absence from a program;
376.17 	(7) conduct by a person receiving services against another person receiving services 
376.18 	that:
376.19 	(i) is so severe, pervasive, or objectively offensive that it substantially interferes with a 
376.20 	person's opportunities to participate in or receive service or support;
376.21 	(ii) places the person in actual and reasonable fear of harm;
376.22 	(iii) places the person in actual and reasonable fear of damage to property of the person; 
376.23 	or
376.24 	(iv) substantially disrupts the orderly operation of the program;
376.25 	(8) any sexual activity between persons receiving services involving force or coercion 
376.26 	as defined under section 609.341, subdivisions 3 and 14;
376.27 	(9) any emergency use of manual restraint as identified in section 245D.061 or successor 
376.28 	provisions; or
376.29 	(10) a report of alleged or suspected child or vulnerable adult maltreatment under section 
376.30 	626.556 or626.557 or chapter 260E.

377.1 	Sec. 64. Minnesota Statutes 2018, section 245D.06, subdivision 1, is amended to read:
377.2 		Subdivision 1.Incident response and reporting.  (a) The license holder must respond 
377.3 	to incidents under section 245D.02, subdivision 11, that occur while providing services to 
377.4 	protect the health and safety of and minimize risk of harm to the person.
377.5 	(b) The license holder must maintain information about and report incidents to the 
377.6 	person's legal representative or designated emergency contact and case manager within 24 
377.7 	hours of an incident occurring while services are being provided, within 24 hours of discovery 
377.8 	or receipt of information that an incident occurred, unless the license holder has reason to 
377.9 	know that the incident has already been reported, or as otherwise directed in a person's 
377.10 	coordinated service and support plan or coordinated service and support plan addendum. 
377.11 	An incident of suspected or alleged maltreatment must be reported as required under 
377.12 	paragraph (d), and an incident of serious injury or death must be reported as required under 
377.13 	paragraph (e).
377.14 	(c) When the incident involves more than one person, the license holder must not disclose 
377.15 	personally identifiable information about any other person when making the report to each 
377.16 	person and case manager unless the license holder has the consent of the person.
377.17 	(d) Within 24 hours of reporting maltreatment as required under section 626.556 or
377.18 	626.557 or chapter 260E, the license holder must inform the case manager of the report 
377.19 	unless there is reason to believe that the case manager is involved in the suspected 
377.20 	maltreatment. The license holder must disclose the nature of the activity or occurrence 
377.21 	reported and the agency that received the report.
377.22 	(e) The license holder must report the death or serious injury of the person as required 
377.23 	in paragraph (b) and to the Department of Human Services Licensing Division, and the 
377.24 	Office of Ombudsman for Mental Health and Developmental Disabilities as required under 
377.25 	section 245.94, subdivision 2a, within 24 hours of the death or serious injury, or receipt of 
377.26 	information that the death or serious injury occurred, unless the license holder has reason 
377.27 	to know that the death or serious injury has already been reported.
377.28 	(f) When a death or serious injury occurs in a facility certified as an intermediate care 
377.29 	facility for persons with developmental disabilities, the death or serious injury must be 
377.30 	reported to the Department of Health, Office of Health Facility Complaints, and the Office 
377.31 	of Ombudsman for Mental Health and Developmental Disabilities, as required under sections 
377.32 	245.91 and 245.94, subdivision 2a, unless the license holder has reason to know that the 
377.33 	death or serious injury has already been reported.
378.1 	(g) The license holder must conduct an internal review of incident reports of deaths and 
378.2 	serious injuries that occurred while services were being provided and that were not reported 
378.3 	by the program as alleged or suspected maltreatment, for identification of incident patterns, 
378.4 	and implementation of corrective action as necessary to reduce occurrences. The review 
378.5 	must include an evaluation of whether related policies and procedures were followed, 
378.6 	whether the policies and procedures were adequate, whether there is a need for additional 
378.7 	staff training, whether the reported event is similar to past events with the persons or the 
378.8 	services involved, and whether there is a need for corrective action by the license holder to 
378.9 	protect the health and safety of persons receiving services. Based on the results of this 
378.10 	review, the license holder must develop, document, and implement a corrective action plan 
378.11 	designed to correct current lapses and prevent future lapses in performance by staff or the 
378.12 	license holder, if any.
378.13 	(h) The license holder must verbally report the emergency use of manual restraint of a 
378.14 	person as required in paragraph (b) within 24 hours of the occurrence. The license holder 
378.15 	must ensure the written report and internal review of all incident reports of the emergency 
378.16 	use of manual restraints are completed according to the requirements in section 245D.061
378.17 	or successor provisions.

378.18 	Sec. 65. Minnesota Statutes 2018, section 245D.06, subdivision 6, is amended to read:
378.19 		Subd. 6.Restricted procedures. (a) The following procedures are allowed when the 
378.20 	procedures are implemented in compliance with the standards governing their use as 
378.21 	identified in clauses (1) to (3). Allowed but restricted procedures include:
378.22 	(1) permitted actions and procedures subject to the requirements in subdivision 7;
378.23 	(2) procedures identified in a positive support transition plan subject to the requirements 
378.24 	in subdivision 8; or
378.25 	(3) emergency use of manual restraint subject to the requirements in section 245D.061.
378.26 	(b) A restricted procedure identified in paragraph (a) must not:
378.27 	(1) be implemented with a child in a manner that constitutes sexual abuse, neglect, 
378.28 	physical abuse, or mental injury, as defined in section 626.556, subdivision 2 260E.03;
378.29 	(2) be implemented with an adult in a manner that constitutes abuse or neglect as defined 
378.30 	in section 626.5572, subdivision 2 or 17;
378.31 	(3) be implemented in a manner that violates a person's rights identified in section 
378.32 	245D.04;
379.1 	(4) restrict a person's normal access to a nutritious diet, drinking water, adequate 
379.2 	ventilation, necessary medical care, ordinary hygiene facilities, normal sleeping conditions, 
379.3 	necessary clothing, or any protection required by state licensing standards or federal 
379.4 	regulations governing the program;
379.5 	(5) deny the person visitation or ordinary contact with legal counsel, a legal representative, 
379.6 	or next of kin;
379.7 	(6) be used for the convenience of staff, as punishment, as a substitute for adequate 
379.8 	staffing, or as a consequence if the person refuses to participate in the treatment or services 
379.9 	provided by the program;
379.10 	(7) use prone restraint. For purposes of this section, "prone restraint" means use of 
379.11 	manual restraint that places a person in a face-down position. Prone restraint does not include 
379.12 	brief physical holding of a person who, during an emergency use of manual restraint, rolls 
379.13 	into a prone position, if the person is restored to a standing, sitting, or side-lying position 
379.14 	as quickly as possible;
379.15 	(8) apply back or chest pressure while a person is in a prone position as identified in 
379.16 	clause (7), supine position, or side-lying position; or
379.17 	(9) be implemented in a manner that is contraindicated for any of the person's known 
379.18 	medical or psychological limitations.

379.19 	Sec. 66. Minnesota Statutes 2018, section 245D.09, subdivision 4, is amended to read:
379.20 		Subd. 4.Orientation to program requirements.  Except for a license holder who does 
379.21 	not supervise any direct support staff, within 60 calendar days of hire, unless stated otherwise, 
379.22 	the license holder must provide and ensure completion of orientation sufficient to create 
379.23 	staff competency for direct support staff that combines supervised on-the-job training with 
379.24 	review of and instruction in the following areas:
379.25 	(1) the job description and how to complete specific job functions, including:
379.26 	(i) responding to and reporting incidents as required under section 245D.06, subdivision 
379.27 	1; and
379.28 	(ii) following safety practices established by the license holder and as required in section 
379.29 	245D.06, subdivision 2;
379.30 	(2) the license holder's current policies and procedures required under this chapter, 
379.31 	including their location and access, and staff responsibilities related to implementation of 
379.32 	those policies and procedures;
380.1 	(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the federal 
380.2 	Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff 
380.3 	responsibilities related to complying with data privacy practices;
380.4 	(4) the service recipient rights and staff responsibilities related to ensuring the exercise 
380.5 	and protection of those rights according to the requirements in section 245D.04;
380.6 	(5) sections 245A.65, 245A.66, 626.556, and 626.557 and chapter 260E, governing 
380.7 	maltreatment reporting and service planning for children and vulnerable adults, and staff 
380.8 	responsibilities related to protecting persons from maltreatment and reporting maltreatment. 
380.9 	This orientation must be provided within 72 hours of first providing direct contact services 
380.10 	and annually thereafter according to section 245A.65, subdivision 3;
380.11 	(6) the principles of person-centered service planning and delivery as identified in section 
380.12 	245D.07, subdivision 1a, and how they apply to direct support service provided by the staff 
380.13 	person;
380.14 	(7) the safe and correct use of manual restraint on an emergency basis according to the 
380.15 	requirements in section 245D.061 or successor provisions, and what constitutes the use of 
380.16 	restraints, time out, and seclusion, including chemical restraint;
380.17 	(8) staff responsibilities related to prohibited procedures under section 245D.06, 
380.18 	subdivision 5, or successor provisions, why such procedures are not effective for reducing 
380.19 	or eliminating symptoms or undesired behavior, and why such procedures are not safe;
380.20 	(9) basic first aid; and
380.21 	(10) other topics as determined necessary in the person's coordinated service and support 
380.22 	plan by the case manager or other areas identified by the license holder.

380.23 	Sec. 67. Minnesota Statutes 2018, section 245D.32, subdivision 5, is amended to read:
380.24 		Subd. 5.Investigations of alleged or suspected maltreatment. Nothing in this section 
380.25 	changes the commissioner's responsibilities to investigate alleged or suspected maltreatment 
380.26 	of a minor under section 626.556 chapter 260E or a vulnerable adult under section 626.557.

380.27 	Sec. 68. Minnesota Statutes 2018, section 245F.04, subdivision 1, is amended to read:
380.28 		Subdivision 1.General application and license requirements. An applicant for licensure 
380.29 	as a clinically managed withdrawal management program or medically monitored withdrawal 
380.30 	management program must meet the following requirements, except where otherwise noted. 
380.31 	All programs must comply with federal requirements and the general requirements in 
381.1 	chapters 245A and 245C and sections 626.556,626.557, and 626.5572 and chapters 245A, 
381.2 	245C, and 260E. A withdrawal management program must be located in a hospital licensed 
381.3 	under sections 144.50 to 144.581, or must be a supervised living facility with a class B 
381.4 	license from the Department of Health under Minnesota Rules, parts 4665.0100 to 4665.9900.

381.5 	Sec. 69. Minnesota Statutes 2018, section 245F.15, subdivision 3, is amended to read:
381.6 		Subd. 3.Program director qualifications. A program director must:
381.7 	(1) have at least one year of work experience in direct service to individuals with 
381.8 	substance use disorders or one year of work experience in the management or administration 
381.9 	of direct service to individuals with substance use disorders;
381.10 	(2) have a baccalaureate degree or three years of work experience in administration or 
381.11 	personnel supervision in human services; and
381.12 	(3) know and understand the requirements of this chapter and chapters 245A and 245C, 
381.13 	and, sections 253B.04, 253B.05, 626.556 253B.051, 626.557, and 626.5572, and chapters 
381.14 	245A, 245C, and 260E.

381.15 	Sec. 70. Minnesota Statutes 2018, section 245F.15, subdivision 5, is amended to read:
381.16 		Subd. 5.Responsible staff person qualifications. Each responsible staff person must 
381.17 	know and understand the requirements of this chapter and, sections 245A.65, 253B.04, 
381.18 	253B.05, 626.556,626.557, 253B.051, and 626.5572, and chapter 260E. In a clinically 
381.19 	managed program, the responsible staff person must be a licensed practical nurse employed 
381.20 	by or under contract with the license holder. In a medically monitored program, the 
381.21 	responsible staff person must be a registered nurse, program director, or physician.

381.22 	Sec. 71. Minnesota Statutes 2018, section 245F.16, subdivision 1, is amended to read:
381.23 		Subdivision 1.Policy requirements. A license holder must have written personnel 
381.24 	policies and must make them available to staff members at all times. The personnel policies 
381.25 	must:
381.26 	(1) ensure that a staff member's retention, promotion, job assignment, or pay are not 
381.27 	affected by a good-faith communication between the staff member and the Department of 
381.28 	Human Services, Department of Health, Ombudsman for Mental Health and Developmental 
381.29 	Disabilities, law enforcement, or local agencies that investigate complaints regarding patient 
381.30 	rights, health, or safety;
382.1 	(2) include a job description for each position that specifies job responsibilities, degree 
382.2 	of authority to execute job responsibilities, standards of job performance related to specified 
382.3 	job responsibilities, and qualifications;
382.4 	(3) provide for written job performance evaluations for staff members of the license 
382.5 	holder at least annually;
382.6 	(4) describe behavior that constitutes grounds for disciplinary action, suspension, or 
382.7 	dismissal, including policies that address substance use problems and meet the requirements 
382.8 	of section 245F.15, subdivisions 1 and 2. The policies and procedures must list behaviors 
382.9 	or incidents that are considered substance use problems. The list must include:
382.10 	(i) receiving treatment for substance use disorder within the period specified for the 
382.11 	position in the staff qualification requirements;
382.12 	(ii) substance use that has a negative impact on the staff member's job performance;
382.13 	(iii) substance use that affects the credibility of treatment services with patients, referral 
382.14 	sources, or other members of the community; and
382.15 	(iv) symptoms of intoxication or withdrawal on the job;
382.16 	(5) include policies prohibiting personal involvement with patients and policies 
382.17 	prohibiting patient maltreatment as specified under chapter 604 and sections 245A.65, 
382.18 	626.556,626.557, and 626.5572 and chapters 260E and 604;
382.19 	(6) include a chart or description of organizational structure indicating the lines of 
382.20 	authority and responsibilities;
382.21 	(7) include a written plan for new staff member orientation that, at a minimum, includes 
382.22 	training related to the specific job functions for which the staff member was hired, program 
382.23 	policies and procedures, patient needs, and the areas identified in subdivision 2, paragraphs 
382.24 	(b) to (e); and
382.25 	(8) include a policy on the confidentiality of patient information.

382.26 	Sec. 72. Minnesota Statutes 2018, section 245F.16, subdivision 2, is amended to read:
382.27 		Subd. 2.Staff development. (a) A license holder must ensure that each staff member 
382.28 	receives orientation training before providing direct patient care and at least 30 hours of 
382.29 	continuing education every two years. A written record must be kept to demonstrate 
382.30 	completion of training requirements.
383.1 	(b) Within 72 hours of beginning employment, all staff having direct patient contact 
383.2 	must be provided orientation on the following:
383.3 	(1) specific license holder and staff responsibilities for patient confidentiality;
383.4 	(2) standards governing the use of protective procedures;
383.5 	(3) patient ethical boundaries and patient rights, including the rights of patients admitted 
383.6 	under chapter 253B;
383.7 	(4) infection control procedures;
383.8 	(5) mandatory reporting under sections 245A.65, 626.556, and 626.557,and chapter 
383.9 	260E, including specific training covering the facility's policies concerning obtaining patient 
383.10 	releases of information;
383.11 	(6) HIV minimum standards as required in section 245A.19;
383.12 	(7) motivational counseling techniques and identifying stages of change; and
383.13 	(8) eight hours of training on the program's protective procedures policy required in 
383.14 	section 245F.09, including:
383.15 	(i) approved therapeutic holds;
383.16 	(ii) protective procedures used to prevent patients from imminent danger of harming 
383.17 	self or others;
383.18 	(iii) the emergency conditions under which the protective procedures may be used, if 
383.19 	any;
383.20 	(iv) documentation standards for using protective procedures;
383.21 	(v) how to monitor and respond to patient distress; and
383.22 	(vi) person-centered planning and trauma-informed care.
383.23 	(c) All staff having direct patient contact must be provided annual training on the 
383.24 	following:
383.25 	(1) infection control procedures;
383.26 	(2) mandatory reporting under sections 245A.65, 626.556, and 626.557,and chapter 
383.27 	260E, including specific training covering the facility's policies concerning obtaining patient 
383.28 	releases of information;
383.29 	(3) HIV minimum standards as required in section 245A.19; and
383.30 	(4) motivational counseling techniques and identifying stages of change.
384.1 	(d) All staff having direct patient contact must be provided training every two years on 
384.2 	the following:
384.3 	(1) specific license holder and staff responsibilities for patient confidentiality;
384.4 	(2) standards governing use of protective procedures, including:
384.5 	(i) approved therapeutic holds;
384.6 	(ii) protective procedures used to prevent patients from imminent danger of harming 
384.7 	self or others;
384.8 	(iii) the emergency conditions under which the protective procedures may be used, if 
384.9 	any;
384.10 	(iv) documentation standards for using protective procedures;
384.11 	(v) how to monitor and respond to patient distress; and
384.12 	(vi) person-centered planning and trauma-informed care; and
384.13 	(3) patient ethical boundaries and patient rights, including the rights of patients admitted 
384.14 	under chapter 253B.
384.15 	(e) Continuing education that is completed in areas outside of the required topics must 
384.16 	provide information to the staff person that is useful to the performance of the individual 
384.17 	staff person's duties.

384.18 	Sec. 73. Minnesota Statutes 2018, section 245F.18, is amended to read:
384.19 	245F.18 POLICY AND PROCEDURES MANUAL.
384.20 	A license holder must develop a written policy and procedures manual that is 
384.21 	alphabetically indexed and has a table of contents, so that staff have immediate access to 
384.22 	all policies and procedures, and that consumers of the services and other authorized parties 
384.23 	have access to all policies and procedures. The manual must contain the following materials:
384.24 	(1) a description of patient education services as required in section 245F.06;
384.25 	(2) personnel policies that comply with section 245F.16;
384.26 	(3) admission information and referral and discharge policies that comply with section 
384.27 	245F.05;
384.28 	(4) a health monitoring plan that complies with section 245F.12;
384.29 	(5) a protective procedures policy that complies with section 245F.09, if the program 
384.30 	elects to use protective procedures;
385.1 	(6) policies and procedures for assuring appropriate patient-to-staff ratios that comply 
385.2 	with section 245F.14;
385.3 	(7) policies and procedures for assessing and documenting the susceptibility for risk of 
385.4 	abuse to the patient as the basis for the individual abuse prevention plan required by section 
385.5 	245A.65;
385.6 	(8) procedures for mandatory reporting as required by sections 245A.65, 626.556, and 
385.7 	626.557 and chapter 260E;
385.8 	(9) a medication control plan that complies with section 245F.13; and
385.9 	(10) policies and procedures regarding HIV that meet the minimum standards under 
385.10 	section 245A.19.

385.11 	Sec. 74. Minnesota Statutes 2018, section 245G.03, subdivision 1, is amended to read:
385.12 		Subdivision 1.License requirements. (a) An applicant for a license to provide substance 
385.13 	use disorder treatment must comply with the general requirements in chapters 245A and 
385.14 	245C, sections 626.556 and section626.557, chapters 245A, 245C, and 260E, and Minnesota 
385.15 	Rules, chapter 9544.
385.16 	(b) The commissioner may grant variances to the requirements in this chapter that do 
385.17 	not affect the client's health or safety if the conditions in section 245A.04, subdivision 9, 
385.18 	are met.

385.19 	Sec. 75. Minnesota Statutes 2018, section 245G.10, subdivision 3, is amended to read:
385.20 		Subd. 3.Responsible staff member. A treatment director must designate a staff member 
385.21 	who, when present in the facility, is responsible for the delivery of treatment service. A 
385.22 	license holder must have a designated staff member during all hours of operation. A license 
385.23 	holder providing room and board and treatment at the same site must have a responsible 
385.24 	staff member on duty 24 hours a day. The designated staff member must know and understand 
385.25 	the implications of this chapter,and sections 245A.65, 626.556,626.557, and 626.5572, 
385.26 	and chapter 260E.

385.27 	Sec. 76. Minnesota Statutes 2018, section 245G.11, subdivision 3, is amended to read:
385.28 		Subd. 3.Treatment directors. A treatment director must:
385.29 	(1) have at least one year of work experience in direct service to an individual with 
385.30 	substance use disorder or one year of work experience in the management or administration 
385.31 	of direct service to an individual with substance use disorder;
386.1 	(2) have a baccalaureate degree or three years of work experience in administration or 
386.2 	personnel supervision in human services; and
386.3 	(3) know and understand the implications of this chapter, chapter 245A, and sections 
386.4 	626.556,626.557, and 626.5572, and chapters 245A and 260E. Demonstration of the 
386.5 	treatment director's knowledge must be documented in the personnel record.

386.6 	Sec. 77. Minnesota Statutes 2018, section 245G.11, subdivision 4, is amended to read:
386.7 		Subd. 4.Alcohol and drug counselor supervisors. An alcohol and drug counselor 
386.8 	supervisor must:
386.9 	(1) meet the qualification requirements in subdivision 5;
386.10 	(2) have three or more years of experience providing individual and group counseling 
386.11 	to individuals with substance use disorder; and
386.12 	(3) know and understand the implications of this chapter and, sections 245A.65, 626.556,
386.13 	626.557, and 626.5572, and chapter 260E.

386.14 	Sec. 78. Minnesota Statutes 2019 Supplement, section 245G.12, is amended to read:
386.15 	245G.12 PROVIDER POLICIES AND PROCEDURES.
386.16 	A license holder must develop a written policies and procedures manual, indexed 
386.17 	according to section 245A.04, subdivision 14, paragraph (c), that provides staff members 
386.18 	immediate access to all policies and procedures and provides a client and other authorized 
386.19 	parties access to all policies and procedures. The manual must contain the following 
386.20 	materials:
386.21 	(1) assessment and treatment planning policies, including screening for mental health 
386.22 	concerns and treatment objectives related to the client's identified mental health concerns 
386.23 	in the client's treatment plan;
386.24 	(2) policies and procedures regarding HIV according to section 245A.19;
386.25 	(3) the license holder's methods and resources to provide information on tuberculosis 
386.26 	and tuberculosis screening to each client and to report a known tuberculosis infection 
386.27 	according to section 144.4804;
386.28 	(4) personnel policies according to section 245G.13;
386.29 	(5) policies and procedures that protect a client's rights according to section 245G.15;
386.30 	(6) a medical services plan according to section 245G.08;
387.1 	(7) emergency procedures according to section 245G.16;
387.2 	(8) policies and procedures for maintaining client records according to section 245G.09;
387.3 	(9) procedures for reporting the maltreatment of minors according to section 626.556
387.4 	chapter 260E, and vulnerable adults according to sections 245A.65, 626.557, and 626.5572;
387.5 	(10) a description of treatment services that: (i) includes the amount and type of services 
387.6 	provided; (ii) identifies which services meet the definition of group counseling under section 
387.7 	245G.01, subdivision 13a; and (iii) defines the program's treatment week;
387.8 	(11) the methods used to achieve desired client outcomes;
387.9 	(12) the hours of operation; and
387.10 	(13) the target population served.

387.11 	Sec. 79. Minnesota Statutes 2019 Supplement, section 245G.13, subdivision 1, is amended 
387.12 	to read:
387.13 		Subdivision 1.Personnel policy requirements. A license holder must have written 
387.14 	personnel policies that are available to each staff member. The personnel policies must:
387.15 	(1) ensure that staff member retention, promotion, job assignment, or pay are not affected 
387.16 	by a good faith communication between a staff member and the department, the Department 
387.17 	of Health, the ombudsman for mental health and developmental disabilities, law enforcement, 
387.18 	or a local agency for the investigation of a complaint regarding a client's rights, health, or 
387.19 	safety;
387.20 	(2) contain a job description for each staff member position specifying responsibilities, 
387.21 	degree of authority to execute job responsibilities, and qualification requirements;
387.22 	(3) provide for a job performance evaluation based on standards of job performance 
387.23 	conducted on a regular and continuing basis, including a written annual review;
387.24 	(4) describe behavior that constitutes grounds for disciplinary action, suspension, or 
387.25 	dismissal, including policies that address staff member problematic substance use and the 
387.26 	requirements of section 245G.11, subdivision 1, policies prohibiting personal involvement 
387.27 	with a client in violation of chapter 604, and policies prohibiting client abuse described in 
387.28 	sections 245A.65, 626.556,626.557, and 626.5572, and chapter 260E;
387.29 	(5) identify how the program will identify whether behaviors or incidents are problematic 
387.30 	substance use, including a description of how the facility must address:
388.1 	(i) receiving treatment for substance use within the period specified for the position in 
388.2 	the staff qualification requirements, including medication-assisted treatment;
388.3 	(ii) substance use that negatively impacts the staff member's job performance;
388.4 	(iii) substance use that affects the credibility of treatment services with a client, referral 
388.5 	source, or other member of the community;
388.6 	(iv) symptoms of intoxication or withdrawal on the job; and
388.7 	(v) the circumstances under which an individual who participates in monitoring by the 
388.8 	health professional services program for a substance use or mental health disorder is able 
388.9 	to provide services to the program's clients;
388.10 	(6) include a chart or description of the organizational structure indicating lines of 
388.11 	authority and responsibilities;
388.12 	(7) include orientation within 24 working hours of starting for each new staff member 
388.13 	based on a written plan that, at a minimum, must provide training related to the staff member's 
388.14 	specific job responsibilities, policies and procedures, client confidentiality, HIV minimum 
388.15 	standards, and client needs; and
388.16 	(8) include policies outlining the license holder's response to a staff member with a 
388.17 	behavior problem that interferes with the provision of treatment service.

388.18 	Sec. 80. Minnesota Statutes 2018, section 245G.13, subdivision 2, is amended to read:
388.19 		Subd. 2.Staff development. (a) A license holder must ensure that each staff member 
388.20 	has the training described in this subdivision.
388.21 	(b) Each staff member must be trained every two years in:
388.22 	(1) client confidentiality rules and regulations and client ethical boundaries; and
388.23 	(2) emergency procedures and client rights as specified in sections 144.651, 148F.165, 
388.24 	and 253B.03.
388.25 	(c) Annually each staff member with direct contact must be trained on mandatory 
388.26 	reporting as specified in sections 245A.65, 626.556, 626.5561,626.557, and 626.5572, and 
388.27 	chapter 260E, including specific training covering the license holder's policies for obtaining 
388.28 	a release of client information.
388.29 	(d) Upon employment and annually thereafter, each staff member with direct contact 
388.30 	must receive training on HIV minimum standards according to section 245A.19.
389.1 	(e) A treatment director, supervisor, nurse, or counselor must have a minimum of 12 
389.2 	hours of training in co-occurring disorders that includes competencies related to philosophy, 
389.3 	trauma-informed care, screening, assessment, diagnosis and person-centered treatment 
389.4 	planning, documentation, programming, medication, collaboration, mental health 
389.5 	consultation, and discharge planning. A new staff member who has not obtained the training 
389.6 	must complete the training within six months of employment. A staff member may request, 
389.7 	and the license holder may grant, credit for relevant training obtained before employment, 
389.8 	which must be documented in the staff member's personnel file.

389.9 	Sec. 81. Minnesota Statutes 2019 Supplement, section 245H.11, as amended by Laws 
389.10 	2020, chapter 115, article 4, section 90, is amended to read:
389.11 	245H.11 REPORTING.
389.12 	(a) The certification holder must comply and must have written policies for staff to 
389.13 	comply with the reporting requirements for abuse and neglect specified in section 626.556
389.14 	chapter 260E. A person mandated to report physical or sexual child abuse or neglect occurring 
389.15 	within a certified center shall report the information to the commissioner.
389.16 	(b) The certification holder must inform the commissioner within 24 hours of:
389.17 	(1) the death of a child in the program; and
389.18 	(2) any injury to a child in the program that required treatment by a physician or advanced 
389.19 	practice registered nurse.

389.20 	Sec. 82. Minnesota Statutes 2018, section 254A.09, is amended to read:
389.21 	254A.09 CONFIDENTIALITY OF RECORDS.
389.22 	The Department of Human Services shall assure confidentiality to individuals who are 
389.23 	the subject of research by the state authority or are recipients of substance misuse or substance 
389.24 	use disorder information, assessment, or treatment from a licensed or approved program. 
389.25 	The commissioner shall withhold from all persons not connected with the conduct of the 
389.26 	research the names or other identifying characteristics of a subject of research unless the 
389.27 	individual gives written permission that information relative to treatment and recovery may 
389.28 	be released. Persons authorized to protect the privacy of subjects of research may not be 
389.29 	compelled in any federal, state or local, civil, criminal, administrative or other proceeding 
389.30 	to identify or disclose other confidential information about the individuals. Identifying 
389.31 	information and other confidential information related to substance misuse or substance use 
389.32 	disorder information, assessment, treatment, or aftercare services may be ordered to be 
390.1 	released by the court for the purpose of civil or criminal investigations or proceedings if, 
390.2 	after review of the records considered for disclosure, the court determines that the information 
390.3 	is relevant to the purpose for which disclosure is requested. The court shall order disclosure 
390.4 	of only that information which is determined relevant. In determining whether to compel 
390.5 	disclosure, the court shall weigh the public interest and the need for disclosure against the 
390.6 	injury to the patient, to the treatment relationship in the program affected and in other 
390.7 	programs similarly situated, and the actual or potential harm to the ability of programs to 
390.8 	attract and retain patients if disclosure occurs. This section does not exempt any person 
390.9 	from the reporting obligations under section 626.556 chapter 260E, nor limit the use of 
390.10 	information reported in any proceeding arising out of the abuse or neglect of a child. 
390.11 	Identifying information and other confidential information related to substance misuse or 
390.12 	substance use disorder, assessment, treatment, or aftercare services may be ordered to be 
390.13 	released by the court for the purpose of civil or criminal investigations or proceedings. No 
390.14 	information may be released pursuant to this section that would not be released pursuant to 
390.15 	section 595.02, subdivision 2.

390.16 	Sec. 83. Minnesota Statutes 2019 Supplement, section 254B.04, subdivision 1, is amended 
390.17 	to read:
390.18 		Subdivision 1.Eligibility. (a) Persons eligible for benefits under Code of Federal 
390.19 	Regulations, title 25, part 20, who meet the income standards of section 256B.056, 
390.20 	subdivision 4, and are not enrolled in medical assistance, are entitled to chemical dependency 
390.21 	fund services. State money appropriated for this paragraph must be placed in a separate 
390.22 	account established for this purpose.
390.23 	(b) Persons with dependent children who are determined to be in need of chemical 
390.24 	dependency treatment pursuant to an assessment under section 626.556, subdivision 10,
390.25 	260E.20, subdivision 1, or a case plan under section 260C.201, subdivision 6, or 260C.212, 
390.26 	shall be assisted by the local agency to access needed treatment services. Treatment services 
390.27 	must be appropriate for the individual or family, which may include long-term care treatment 
390.28 	or treatment in a facility that allows the dependent children to stay in the treatment facility. 
390.29 	The county shall pay for out-of-home placement costs, if applicable.
390.30 	(c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible 
390.31 	for room and board services under section 254B.05, subdivision 5, paragraph (b), clause 
390.32 	(12).

391.1 	Sec. 84. Minnesota Statutes 2018, section 256.01, subdivision 12, is amended to read:
391.2 		Subd. 12.Child mortality review panel. (a) The commissioner shall establish a child 
391.3 	mortality review panel to review deaths of children in Minnesota, including deaths attributed 
391.4 	to maltreatment or in which maltreatment may be a contributing cause and to review near 
391.5 	fatalities as defined in section 626.556, subdivision 11d 260E.35. The commissioners of 
391.6 	health, education, and public safety and the attorney general shall each designate a 
391.7 	representative to the child mortality review panel. Other panel members shall be appointed 
391.8 	by the commissioner, including a board-certified pathologist and a physician who is a coroner 
391.9 	or a medical examiner. The purpose of the panel shall be to make recommendations to the 
391.10 	state and to county agencies for improving the child protection system, including 
391.11 	modifications in statute, rule, policy, and procedure.
391.12 	(b) The commissioner may require a county agency to establish a local child mortality 
391.13 	review panel. The commissioner may establish procedures for conducting local reviews 
391.14 	and may require that all professionals with knowledge of a child mortality case participate 
391.15 	in the local review. In this section, "professional" means a person licensed to perform or a 
391.16 	person performing a specific service in the child protective service system. "Professional" 
391.17 	includes law enforcement personnel, social service agency attorneys, educators, and social 
391.18 	service, health care, and mental health care providers.
391.19 	(c) If the commissioner of human services has reason to believe that a child's death was 
391.20 	caused by maltreatment or that maltreatment was a contributing cause, the commissioner 
391.21 	has access to not public data under chapter 13 maintained by state agencies, statewide 
391.22 	systems, or political subdivisions that are related to the child's death or circumstances 
391.23 	surrounding the care of the child. The commissioner shall also have access to records of 
391.24 	private hospitals as necessary to carry out the duties prescribed by this section. Access to 
391.25 	data under this paragraph is limited to police investigative data; autopsy records and coroner 
391.26 	or medical examiner investigative data; hospital, public health, or other medical records of 
391.27 	the child; hospital and other medical records of the child's parent that relate to prenatal care; 
391.28 	and records created by social service agencies that provided services to the child or family 
391.29 	within three years preceding the child's death. A state agency, statewide system, or political 
391.30 	subdivision shall provide the data upon request of the commissioner. Not public data may 
391.31 	be shared with members of the state or local child mortality review panel in connection with 
391.32 	an individual case.
391.33 	(d) Notwithstanding the data's classification in the possession of any other agency, data 
391.34 	acquired by a local or state child mortality review panel in the exercise of its duties is 
391.35 	protected nonpublic or confidential data as defined in section 13.02, but may be disclosed 
392.1 	as necessary to carry out the purposes of the review panel. The data is not subject to subpoena 
392.2 	or discovery. The commissioner may disclose conclusions of the review panel, but shall 
392.3 	not disclose data that was classified as confidential or private data on decedents, under 
392.4 	section 13.10, or private, confidential, or protected nonpublic data in the disseminating 
392.5 	agency, except that the commissioner may disclose local social service agency data as 
392.6 	provided in section 626.556, subdivision 11d 260E.35, on individual cases involving a 
392.7 	fatality or near fatality of a person served by the local social service agency prior to the date 
392.8 	of death.
392.9 	(e) A person attending a child mortality review panel meeting shall not disclose what 
392.10 	transpired at the meeting, except to carry out the purposes of the mortality review panel. 
392.11 	The proceedings and records of the mortality review panel are protected nonpublic data as 
392.12 	defined in section 13.02, subdivision 13, and are not subject to discovery or introduction 
392.13 	into evidence in a civil or criminal action against a professional, the state or a county agency, 
392.14 	arising out of the matters the panel is reviewing. Information, documents, and records 
392.15 	otherwise available from other sources are not immune from discovery or use in a civil or 
392.16 	criminal action solely because they were presented during proceedings of the review panel. 
392.17 	A person who presented information before the review panel or who is a member of the 
392.18 	panel shall not be prevented from testifying about matters within the person's knowledge. 
392.19 	However, in a civil or criminal proceeding a person shall not be questioned about the person's 
392.20 	presentation of information to the review panel or opinions formed by the person as a result 
392.21 	of the review meetings.

392.22 	Sec. 85. Minnesota Statutes 2019 Supplement, section 256.01, subdivision 14b, is amended 
392.23 	to read:
392.24 		Subd. 14b.American Indian child welfare projects. (a) The commissioner of human 
392.25 	services may authorize projects to initiate tribal delivery of child welfare services to American 
392.26 	Indian children and their parents and custodians living on the reservation. The commissioner 
392.27 	has authority to solicit and determine which tribes may participate in a project. Grants may 
392.28 	be issued to Minnesota Indian tribes to support the projects. The commissioner may waive 
392.29 	existing state rules as needed to accomplish the projects. The commissioner may authorize 
392.30 	projects to use alternative methods of (1) screening, investigating, and assessing reports of 
392.31 	child maltreatment, and (2) administrative reconsideration, administrative appeal, and 
392.32 	judicial appeal of maltreatment determinations, provided the alternative methods used by 
392.33 	the projects comply with the provisions of sections section256.045and 626.556 and chapter 
392.34 	260E that deal with the rights of individuals who are the subjects of reports or investigations, 
392.35 	including notice and appeal rights and data practices requirements. The commissioner shall 
393.1 	only authorize alternative methods that comply with the public policy under section 626.556, 
393.2 	subdivision 1 260E.01. The commissioner may seek any federal approvals necessary to 
393.3 	carry out the projects as well as seek and use any funds available to the commissioner, 
393.4 	including use of federal funds, foundation funds, existing grant funds, and other funds. The 
393.5 	commissioner is authorized to advance state funds as necessary to operate the projects. 
393.6 	Federal reimbursement applicable to the projects is appropriated to the commissioner for 
393.7 	the purposes of the projects. The projects must be required to address responsibility for 
393.8 	safety, permanency, and well-being of children.
393.9 	(b) For the purposes of this section, "American Indian child" means a person under 21 
393.10 	years old and who is a tribal member or eligible for membership in one of the tribes chosen 
393.11 	for a project under this subdivision and who is residing on the reservation of that tribe.
393.12 	(c) In order to qualify for an American Indian child welfare project, a tribe must:
393.13 	(1) be one of the existing tribes with reservation land in Minnesota;
393.14 	(2) have a tribal court with jurisdiction over child custody proceedings;
393.15 	(3) have a substantial number of children for whom determinations of maltreatment have 
393.16 	occurred;
393.17 	(4)(i) have capacity to respond to reports of abuse and neglect under section 626.556
393.18 	chapter 260E; or (ii) have codified the tribe's screening, investigation, and assessment of 
393.19 	reports of child maltreatment procedures, if authorized to use an alternative method by the 
393.20 	commissioner under paragraph (a);
393.21 	(5) provide a wide range of services to families in need of child welfare services; and
393.22 	(6) have a tribal-state title IV-E agreement in effect.
393.23 	(d) Grants awarded under this section may be used for the nonfederal costs of providing 
393.24 	child welfare services to American Indian children on the tribe's reservation, including costs 
393.25 	associated with:
393.26 	(1) assessment and prevention of child abuse and neglect;
393.27 	(2) family preservation;
393.28 	(3) facilitative, supportive, and reunification services;
393.29 	(4) out-of-home placement for children removed from the home for child protective 
393.30 	purposes; and
394.1 	(5) other activities and services approved by the commissioner that further the goals of 
394.2 	providing safety, permanency, and well-being of American Indian children.
394.3 	(e) When a tribe has initiated a project and has been approved by the commissioner to 
394.4 	assume child welfare responsibilities for American Indian children of that tribe under this 
394.5 	section, the affected county social service agency is relieved of responsibility for responding 
394.6 	to reports of abuse and neglect under section 626.556 chapter 260E for those children during 
394.7 	the time within which the tribal project is in effect and funded. The commissioner shall 
394.8 	work with tribes and affected counties to develop procedures for data collection, evaluation, 
394.9 	and clarification of ongoing role and financial responsibilities of the county and tribe for 
394.10 	child welfare services prior to initiation of the project. Children who have not been identified 
394.11 	by the tribe as participating in the project shall remain the responsibility of the county. 
394.12 	Nothing in this section shall alter responsibilities of the county for law enforcement or court 
394.13 	services.
394.14 	(f) Participating tribes may conduct children's mental health screenings under section 
394.15 	245.4874, subdivision 1, paragraph (a), clause (12), for children who are eligible for the 
394.16 	initiative and living on the reservation and who meet one of the following criteria:
394.17 	(1) the child must be receiving child protective services;
394.18 	(2) the child must be in foster care; or
394.19 	(3) the child's parents must have had parental rights suspended or terminated.
394.20 	Tribes may access reimbursement from available state funds for conducting the screenings. 
394.21 	Nothing in this section shall alter responsibilities of the county for providing services under 
394.22 	section 245.487.
394.23 	(g) Participating tribes may establish a local child mortality review panel. In establishing 
394.24 	a local child mortality review panel, the tribe agrees to conduct local child mortality reviews 
394.25 	for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes 
394.26 	with established child mortality review panels shall have access to nonpublic data and shall 
394.27 	protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide 
394.28 	written notice to the commissioner and affected counties when a local child mortality review 
394.29 	panel has been established and shall provide data upon request of the commissioner for 
394.30 	purposes of sharing nonpublic data with members of the state child mortality review panel 
394.31 	in connection to an individual case.
394.32 	(h) The commissioner shall collect information on outcomes relating to child safety, 
394.33 	permanency, and well-being of American Indian children who are served in the projects. 
395.1 	Participating tribes must provide information to the state in a format and completeness 
395.2 	deemed acceptable by the state to meet state and federal reporting requirements.
395.3 	(i) In consultation with the White Earth Band, the commissioner shall develop and submit 
395.4 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
395.5 	over health and human services a plan to transfer legal responsibility for providing child 
395.6 	protective services to White Earth Band member children residing in Hennepin County to 
395.7 	the White Earth Band. The plan shall include a financing proposal, definitions of key terms, 
395.8 	statutory amendments required, and other provisions required to implement the plan. The 
395.9 	commissioner shall submit the plan by January 15, 2012.

395.10 	Sec. 86. Minnesota Statutes 2018, section 256.01, subdivision 15, is amended to read:
395.11 		Subd. 15.Citizen review panels. (a) The commissioner shall establish a minimum of 
395.12 	three citizen review panels to examine the policies and procedures of state and local welfare 
395.13 	agencies to evaluate the extent to which the agencies are effectively discharging their child 
395.14 	protection responsibilities. Local social service agencies shall cooperate and work with the 
395.15 	citizen review panels. Where appropriate, the panels may examine specific cases to evaluate 
395.16 	the effectiveness of child protection activities. The panels must examine the extent to which 
395.17 	the state and local agencies are meeting the requirements of the federal Child Abuse 
395.18 	Prevention and Treatment Act and the Reporting of Maltreatment of Minors Act. The 
395.19 	commissioner may authorize mortality review panels or child protection teams to carry out 
395.20 	the duties of a citizen review panel if membership meets or is expanded to meet the 
395.21 	requirements of this section.
395.22 	(b) The panel membership must include volunteers who broadly represent the community 
395.23 	in which the panel is established, including members who have expertise in the prevention 
395.24 	and treatment of child abuse and neglect, child protection advocates, and representatives of 
395.25 	the councils of color and ombudsperson for families.
395.26 	(c) A citizen review panel has access to the following data for specific case review under 
395.27 	this paragraph: police investigative data; autopsy records and coroner or medical examiner 
395.28 	investigative data; hospital, public health, or other medical records of the child; hospital 
395.29 	and other medical records of the child's parent that relate to prenatal care; records created 
395.30 	by social service agencies that provided services to the child or family; and personnel data 
395.31 	related to an employee's performance in discharging child protection responsibilities. A 
395.32 	state agency, statewide system, or political subdivision shall provide the data upon request 
395.33 	of the commissioner. Not public data may be shared with members of the state or local 
395.34 	citizen review panel in connection with an individual case.
396.1 	(d) Notwithstanding the data's classification in the possession of any other agency, data 
396.2 	acquired by a local or state citizen review panel in the exercise of its duties are protected 
396.3 	nonpublic or confidential data as defined in section 13.02, but may be disclosed as necessary 
396.4 	to carry out the purposes of the review panel. The data are not subject to subpoena or 
396.5 	discovery. The commissioner may disclose conclusions of the review panel, but may not 
396.6 	disclose data on individuals that were classified as confidential or private data on individuals 
396.7 	in the possession of the state agency, statewide system, or political subdivision from which 
396.8 	the data were received, except that the commissioner may disclose local social service 
396.9 	agency data as provided in section 626.556, subdivision 11d 260E.35, on individual cases 
396.10 	involving a fatality or near fatality of a person served by the local social service agency 
396.11 	prior to the date of death.
396.12 	(e) A person attending a citizen review panel meeting may not disclose what transpired 
396.13 	at the meeting, except to carry out the purposes of the review panel. The proceedings and 
396.14 	records of the review panel are protected nonpublic data as defined in section 13.02, 
396.15 	subdivision 13, and are not subject to discovery or introduction into evidence in a civil or 
396.16 	criminal action against a professional, the state, or county agency arising out of the matters 
396.17 	the panel is reviewing. Information, documents, and records otherwise available from other 
396.18 	sources are not immune from discovery or use in a civil or criminal action solely because 
396.19 	they were presented during proceedings of the review panel. A person who presented 
396.20 	information before the review panel or who is a member of the panel is not prevented from 
396.21 	testifying about matters within the person's knowledge. However, in a civil or criminal 
396.22 	proceeding, a person must not be questioned about the person's presentation of information 
396.23 	to the review panel or opinions formed by the person as a result of the review panel meetings.

396.24 	Sec. 87. Minnesota Statutes 2018, section 256.045, subdivision 3, is amended to read:
396.25 		Subd. 3.State agency hearings. (a) State agency hearings are available for the following:
396.26 	(1) any person applying for, receiving or having received public assistance, medical 
396.27 	care, or a program of social services granted by the state agency or a county agency or the 
396.28 	federal Food Stamp Act whose application for assistance is denied, not acted upon with 
396.29 	reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed 
396.30 	to have been incorrectly paid;
396.31 	(2) any patient or relative aggrieved by an order of the commissioner under section 
396.32 	252.27;
396.33 	(3) a party aggrieved by a ruling of a prepaid health plan;
397.1 	(4) except as provided under chapter 245C, any individual or facility determined by a 
397.2 	lead investigative agency to have maltreated a vulnerable adult under section 626.557 after 
397.3 	they have exercised their right to administrative reconsideration under section 626.557;
397.4 	(5) any person whose claim for foster care payment according to a placement of the 
397.5 	child resulting from a child protection assessment under section 626.556 chapter 260E is 
397.6 	denied or not acted upon with reasonable promptness, regardless of funding source;
397.7 	(6) any person to whom a right of appeal according to this section is given by other 
397.8 	provision of law;
397.9 	(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver 
397.10 	under section 256B.15;
397.11 	(8) an applicant aggrieved by an adverse decision to an application or redetermination 
397.12 	for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
397.13 	(9) except as provided under chapter 245A, an individual or facility determined to have 
397.14 	maltreated a minor under section 626.556 chapter 260E, after the individual or facility has 
397.15 	exercised the right to administrative reconsideration under section 626.556 chapter 260E;
397.16 	(10) except as provided under chapter 245C, an individual disqualified under sections 
397.17 	245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, 
397.18 	on the basis of serious or recurring maltreatment; a preponderance of the evidence that the 
397.19 	individual has committed an act or acts that meet the definition of any of the crimes listed 
397.20 	in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 
397.21 	626.556, subdivision 3, 260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding 
397.22 	a maltreatment determination under clause (4) or (9) and a disqualification under this clause 
397.23 	in which the basis for a disqualification is serious or recurring maltreatment, shall be 
397.24 	consolidated into a single fair hearing. In such cases, the scope of review by the human 
397.25 	services judge shall include both the maltreatment determination and the disqualification. 
397.26 	The failure to exercise the right to an administrative reconsideration shall not be a bar to a 
397.27 	hearing under this section if federal law provides an individual the right to a hearing to 
397.28 	dispute a finding of maltreatment;
397.29 	(11) any person with an outstanding debt resulting from receipt of public assistance, 
397.30 	medical care, or the federal Food Stamp Act who is contesting a setoff claim by the 
397.31 	Department of Human Services or a county agency. The scope of the appeal is the validity 
397.32 	of the claimant agency's intention to request a setoff of a refund under chapter 270A against 
397.33 	the debt;
398.1 	(12) a person issued a notice of service termination under section 245D.10, subdivision 
398.2 	3a, from residential supports and services as defined in section 245D.03, subdivision 1, 
398.3 	paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a;
398.4 	(13) an individual disability waiver recipient based on a denial of a request for a rate 
398.5 	exception under section 256B.4914; or
398.6 	(14) a person issued a notice of service termination under section 245A.11, subdivision 
398.7 	11, that is not otherwise subject to appeal under subdivision 4a.
398.8 	(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10), 
398.9 	is the only administrative appeal to the final agency determination specifically, including 
398.10 	a challenge to the accuracy and completeness of data under section 13.04. Hearings requested 
398.11 	under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or 
398.12 	after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged 
398.13 	to have maltreated a resident prior to October 1, 1995, shall be held as a contested case 
398.14 	proceeding under the provisions of chapter 14. Hearings requested under paragraph (a), 
398.15 	clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A 
398.16 	hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only 
398.17 	available when there is no district court action pending. If such action is filed in district 
398.18 	court while an administrative review is pending that arises out of some or all of the events 
398.19 	or circumstances on which the appeal is based, the administrative review must be suspended 
398.20 	until the judicial actions are completed. If the district court proceedings are completed, 
398.21 	dismissed, or overturned, the matter may be considered in an administrative hearing.
398.22 	(c) For purposes of this section, bargaining unit grievance procedures are not an 
398.23 	administrative appeal.
398.24 	(d) The scope of hearings involving claims to foster care payments under paragraph (a), 
398.25 	clause (5), shall be limited to the issue of whether the county is legally responsible for a 
398.26 	child's placement under court order or voluntary placement agreement and, if so, the correct 
398.27 	amount of foster care payment to be made on the child's behalf and shall not include review 
398.28 	of the propriety of the county's child protection determination or child placement decision.
398.29 	(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to 
398.30 	whether the proposed termination of services is authorized under section 245D.10, 
398.31 	subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements 
398.32 	of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a, 
398.33 	paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of 
398.34 	termination of services, the scope of the hearing shall also include whether the case 
399.1 	management provider has finalized arrangements for a residential facility, a program, or 
399.2 	services that will meet the assessed needs of the recipient by the effective date of the service 
399.3 	termination.
399.4 	(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor 
399.5 	under contract with a county agency to provide social services is not a party and may not 
399.6 	request a hearing under this section, except if assisting a recipient as provided in subdivision 
399.7 	4.
399.8 	(g) An applicant or recipient is not entitled to receive social services beyond the services 
399.9 	prescribed under chapter 256M or other social services the person is eligible for under state 
399.10 	law.
399.11 	(h) The commissioner may summarily affirm the county or state agency's proposed 
399.12 	action without a hearing when the sole issue is an automatic change due to a change in state 
399.13 	or federal law.
399.14 	(i) Unless federal or Minnesota law specifies a different time frame in which to file an 
399.15 	appeal, an individual or organization specified in this section may contest the specified 
399.16 	action, decision, or final disposition before the state agency by submitting a written request 
399.17 	for a hearing to the state agency within 30 days after receiving written notice of the action, 
399.18 	decision, or final disposition, or within 90 days of such written notice if the applicant, 
399.19 	recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision 
399.20 	13, why the request was not submitted within the 30-day time limit. The individual filing 
399.21 	the appeal has the burden of proving good cause by a preponderance of the evidence.

399.22 	Sec. 88. Minnesota Statutes 2018, section 256.045, subdivision 3b, is amended to read:
399.23 		Subd. 3b.Standard of evidence for maltreatment and disqualification hearings. (a) 
399.24 	The state human services judge shall determine that maltreatment has occurred if a 
399.25 	preponderance of evidence exists to support the final disposition under sections 626.556
399.26 	and section626.557 and chapter 260E. For purposes of hearings regarding disqualification, 
399.27 	the state human services judge shall affirm the proposed disqualification in an appeal under 
399.28 	subdivision 3, paragraph (a), clause (10), if a preponderance of the evidence shows the 
399.29 	individual has:
399.30 	(1) committed maltreatment under section 626.556 or626.557 or chapter 260E, which 
399.31 	is serious or recurring;
399.32 	(2) committed an act or acts meeting the definition of any of the crimes listed in section 
399.33 	245C.15, subdivisions 1 to 4; or
400.1 	(3) failed to make required reports under section 626.556 or626.557 or chapter 260E, 
400.2 	for incidents in which the final disposition under section 626.556 or626.557or chapter 
400.3 	260E was substantiated maltreatment that was serious or recurring.
400.4 	(b) If the disqualification is affirmed, the state human services judge shall determine 
400.5 	whether the individual poses a risk of harm in accordance with the requirements of section 
400.6 	245C.22, and whether the disqualification should be set aside or not set aside. In determining 
400.7 	whether the disqualification should be set aside, the human services judge shall consider 
400.8 	all of the characteristics that cause the individual to be disqualified, including those 
400.9 	characteristics that were not subject to review under paragraph (a), in order to determine 
400.10 	whether the individual poses a risk of harm. A decision to set aside a disqualification that 
400.11 	is the subject of the hearing constitutes a determination that the individual does not pose a 
400.12 	risk of harm and that the individual may provide direct contact services in the individual 
400.13 	program specified in the set aside.
400.14 	(c) If a disqualification is based solely on a conviction or is conclusive for any reason 
400.15 	under section 245C.29, the disqualified individual does not have a right to a hearing under 
400.16 	this section.
400.17 	(d) The state human services judge shall recommend an order to the commissioner of 
400.18 	health, education, or human services, as applicable, who shall issue a final order. The 
400.19 	commissioner shall affirm, reverse, or modify the final disposition. Any order of the 
400.20 	commissioner issued in accordance with this subdivision is conclusive upon the parties 
400.21 	unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under 
400.22 	chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the 
400.23 	commissioner's determination as to maltreatment is conclusive, as provided under section 
400.24 	245C.29.

400.25 	Sec. 89. Minnesota Statutes 2018, section 256.045, subdivision 4, is amended to read:
400.26 		Subd. 4.Conduct of hearings. (a) All hearings held pursuant to subdivision 3, 3a, 3b, 
400.27 	or 4a shall be conducted according to the provisions of the federal Social Security Act and 
400.28 	the regulations implemented in accordance with that act to enable this state to qualify for 
400.29 	federal grants-in-aid, and according to the rules and written policies of the commissioner 
400.30 	of human services. County agencies shall install equipment necessary to conduct telephone 
400.31 	hearings. A state human services judge may schedule a telephone conference hearing when 
400.32 	the distance or time required to travel to the county agency offices will cause a delay in the 
400.33 	issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings 
400.34 	may be conducted by telephone conferences unless the applicant, recipient, former recipient, 
401.1 	person, or facility contesting maltreatment objects. A human services judge may grant a 
401.2 	request for a hearing in person by holding the hearing by interactive video technology or 
401.3 	in person. The human services judge must hear the case in person if the person asserts that 
401.4 	either the person or a witness has a physical or mental disability that would impair the 
401.5 	person's or witness's ability to fully participate in a hearing held by interactive video 
401.6 	technology. The hearing shall not be held earlier than five days after filing of the required 
401.7 	notice with the county or state agency. The state human services judge shall notify all 
401.8 	interested persons of the time, date, and location of the hearing at least five days before the 
401.9 	date of the hearing. Interested persons may be represented by legal counsel or other 
401.10 	representative of their choice, including a provider of therapy services, at the hearing and 
401.11 	may appear personally, testify and offer evidence, and examine and cross-examine witnesses. 
401.12 	The applicant, recipient, former recipient, person, or facility contesting maltreatment shall 
401.13 	have the opportunity to examine the contents of the case file and all documents and records 
401.14 	to be used by the county or state agency at the hearing at a reasonable time before the date 
401.15 	of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses 
401.16 	(4), (9), and (10), either party may subpoena the private data relating to the investigation 
401.17 	prepared by the agency under section 626.556 or626.557or chapter 260E that is not 
401.18 	otherwise accessible under section 13.04, provided the identity of the reporter may not be 
401.19 	disclosed.
401.20 	(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph 
401.21 	(a), clause (4), (9), or (10), must be subject to a protective order which prohibits its disclosure 
401.22 	for any other purpose outside the hearing provided for in this section without prior order of 
401.23 	the district court. Disclosure without court order is punishable by a sentence of not more 
401.24 	than 90 days imprisonment or a fine of not more than $1,000, or both. These restrictions on 
401.25 	the use of private data do not prohibit access to the data under section 13.03, subdivision 
401.26 	6. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (9), and (10), upon 
401.27 	request, the county agency shall provide reimbursement for transportation, child care, 
401.28 	photocopying, medical assessment, witness fee, and other necessary and reasonable costs 
401.29 	incurred by the applicant, recipient, or former recipient in connection with the appeal. All 
401.30 	evidence, except that privileged by law, commonly accepted by reasonable people in the 
401.31 	conduct of their affairs as having probative value with respect to the issues shall be submitted 
401.32 	at the hearing and such hearing shall not be "a contested case" within the meaning of section 
401.33 	14.02, subdivision 3. The agency must present its evidence prior to or at the hearing, and 
401.34 	may not submit evidence after the hearing except by agreement of the parties at the hearing, 
401.35 	provided the petitioner has the opportunity to respond.
402.1 	(c) In hearings under subdivision 3, paragraph (a), clauses (4), (9), and (10), involving 
402.2 	determinations of maltreatment or disqualification made by more than one county agency, 
402.3 	by a county agency and a state agency, or by more than one state agency, the hearings may 
402.4 	be consolidated into a single fair hearing upon the consent of all parties and the state human 
402.5 	services judge.
402.6 	(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a 
402.7 	vulnerable adult, the human services judge shall notify the vulnerable adult who is the 
402.8 	subject of the maltreatment determination and, if known, a guardian of the vulnerable adult 
402.9 	appointed under section 524.5-310, or a health care agent designated by the vulnerable adult 
402.10 	in a health care directive that is currently effective under section 145C.06 and whose authority 
402.11 	to make health care decisions is not suspended under section 524.5-310, of the hearing. The 
402.12 	notice must be sent by certified mail and inform the vulnerable adult of the right to file a 
402.13 	signed written statement in the proceedings. A guardian or health care agent who prepares 
402.14 	or files a written statement for the vulnerable adult must indicate in the statement that the 
402.15 	person is the vulnerable adult's guardian or health care agent and sign the statement in that 
402.16 	capacity. The vulnerable adult, the guardian, or the health care agent may file a written 
402.17 	statement with the human services judge hearing the case no later than five business days 
402.18 	before commencement of the hearing. The human services judge shall include the written 
402.19 	statement in the hearing record and consider the statement in deciding the appeal. This 
402.20 	subdivision does not limit, prevent, or excuse the vulnerable adult from being called as a 
402.21 	witness testifying at the hearing or grant the vulnerable adult, the guardian, or health care 
402.22 	agent a right to participate in the proceedings or appeal the human services judge's decision 
402.23 	in the case. The lead investigative agency must consider including the vulnerable adult 
402.24 	victim of maltreatment as a witness in the hearing. If the lead investigative agency determines 
402.25 	that participation in the hearing would endanger the well-being of the vulnerable adult or 
402.26 	not be in the best interests of the vulnerable adult, the lead investigative agency shall inform 
402.27 	the human services judge of the basis for this determination, which must be included in the 
402.28 	final order. If the human services judge is not reasonably able to determine the address of 
402.29 	the vulnerable adult, the guardian, or the health care agent, the human services judge is not 
402.30 	required to send a hearing notice under this subdivision.

402.31 	Sec. 90. Minnesota Statutes 2018, section 256B.0621, subdivision 4, is amended to read:
402.32 		Subd. 4.Relocation targeted county case management provider qualifications. (a) 
402.33 	A relocation targeted county case management provider is an enrolled medical assistance 
402.34 	provider who is determined by the commissioner to have all of the following characteristics:
403.1 	(1) the legal authority to provide public welfare under sections 393.01, subdivision 7; 
403.2 	and 393.07; or a federally recognized Indian tribe;
403.3 	(2) the demonstrated capacity and experience to provide the components of case 
403.4 	management to coordinate and link community resources needed by the eligible population;
403.5 	(3) the administrative capacity and experience to serve the target population for whom 
403.6 	it will provide services and ensure quality of services under state and federal requirements;
403.7 	(4) the legal authority to provide complete investigative and protective services under 
403.8 	section 626.556, subdivision 10 260E.14; and child welfare and foster care services under 
403.9 	section 393.07, subdivisions 1 and 2; or a federally recognized Indian tribe;
403.10 	(5) a financial management system that provides accurate documentation of services 
403.11 	and costs under state and federal requirements; and
403.12 	(6) the capacity to document and maintain individual case records under state and federal 
403.13 	requirements.
403.14 	(b) A provider of targeted case management under section 256B.0625, subdivision 20, 
403.15 	may be deemed a certified provider of relocation targeted case management.
403.16 	(c) A relocation targeted county case management provider may subcontract with another 
403.17 	provider to deliver relocation targeted case management services. Subcontracted providers 
403.18 	must demonstrate the ability to provide the services outlined in subdivision 6, and have a 
403.19 	procedure in place that notifies the recipient and the recipient's legal representative of any 
403.20 	conflict of interest if the contracted targeted case management provider also provides, or 
403.21 	will provide, the recipient's services and supports. Counties must require that contracted 
403.22 	providers must provide information on all conflicts of interest and obtain the recipient's 
403.23 	informed consent or provide the recipient with alternatives.

403.24 	Sec. 91. Minnesota Statutes 2018, section 256B.0625, subdivision 33, is amended to read:
403.25 		Subd. 33.Child welfare targeted case management. Medical assistance, subject to 
403.26 	federal approval, covers child welfare targeted case management services as defined in 
403.27 	section 256B.094 to children under age 21 who have been assessed and determined in 
403.28 	accordance with section 256F.10 to be:
403.29 	(1) at risk of placement or in placement as defined in section 260C.212, subdivision 1;
403.30 	(2) at risk of maltreatment or experiencing maltreatment as defined in section 626.556, 
403.31 	subdivision 10e 260E.03, subdivision 12; or
403.32 	(3) in need of protection or services as defined in section 260C.007, subdivision 6.

404.1 	Sec. 92. Minnesota Statutes 2018, section 256B.0945, subdivision 1, is amended to read:
404.2 		Subdivision 1.Residential services; provider qualifications. (a) Counties must arrange 
404.3 	to provide residential services for children with severe emotional disturbance according to 
404.4 	sections 245.4882, 245.4885, and this section.
404.5 	(b) Services must be provided by a facility that is licensed according to section 245.4882
404.6 	and administrative rules promulgated thereunder, and under contract with the county.
404.7 	(c) Eligible service costs may be claimed for a facility that is located in a state that 
404.8 	borders Minnesota if:
404.9 	(1) the facility is the closest facility to the child's home, providing the appropriate level 
404.10 	of care; and
404.11 	(2) the commissioner of human services has completed an inspection of the out-of-state 
404.12 	program according to the interagency agreement with the commissioner of corrections under 
404.13 	section 260B.198, subdivision 11, paragraph (b), and the program has been certified by the 
404.14 	commissioner of corrections under section 260B.198, subdivision 11, paragraph (a), to 
404.15 	substantially meet the standards applicable to children's residential mental health treatment 
404.16 	programs under Minnesota Rules, chapter 2960. Nothing in this section requires the 
404.17 	commissioner of human services to enforce the background study requirements under chapter 
404.18 	245C or the requirements related to prevention and investigation of alleged maltreatment 
404.19 	under section 626.556 or626.557 or chapter 260E. Complaints received by the commissioner 
404.20 	of human services must be referred to the out-of-state licensing authority for possible 
404.21 	follow-up.
404.22 	(d) Notwithstanding paragraph (b), eligible service costs may be claimed for an 
404.23 	out-of-state inpatient treatment facility if:
404.24 	(1) the facility specializes in providing mental health services to children who are deaf, 
404.25 	deafblind, or hard-of-hearing and who use American Sign Language as their first language;
404.26 	(2) the facility is licensed by the state in which it is located; and
404.27 	(3) the state in which the facility is located is a member state of the Interstate Compact 
404.28 	on Mental Health.

404.29 	Sec. 93. Minnesota Statutes 2018, section 256B.0949, subdivision 16, is amended to read:
404.30 		Subd. 16.Agency duties. (a) An agency delivering an EIDBI service under this section 
404.31 	must:
405.1 	(1) enroll as a medical assistance Minnesota health care program provider according to 
405.2 	Minnesota Rules, part 9505.0195, and section 256B.04, subdivision 21, and meet all 
405.3 	applicable provider standards and requirements;
405.4 	(2) demonstrate compliance with federal and state laws for EIDBI service;
405.5 	(3) verify and maintain records of a service provided to the person or the person's legal 
405.6 	representative as required under Minnesota Rules, parts 9505.2175 and 9505.2197;
405.7 	(4) demonstrate that while enrolled or seeking enrollment as a Minnesota health care 
405.8 	program provider the agency did not have a lead agency contract or provider agreement 
405.9 	discontinued because of a conviction of fraud; or did not have an owner, board member, or 
405.10 	manager fail a state or federal criminal background check or appear on the list of excluded 
405.11 	individuals or entities maintained by the federal Department of Human Services Office of 
405.12 	Inspector General;
405.13 	(5) have established business practices including written policies and procedures, internal 
405.14 	controls, and a system that demonstrates the organization's ability to deliver quality EIDBI 
405.15 	services;
405.16 	(6) have an office located in Minnesota;
405.17 	(7) conduct a criminal background check on an individual who has direct contact with 
405.18 	the person or the person's legal representative;
405.19 	(8) report maltreatment according to sections 626.556 and section626.557 and chapter 
405.20 	260E;
405.21 	(9) comply with any data requests consistent with the Minnesota Government Data 
405.22 	Practices Act, sections 256B.064 and 256B.27;
405.23 	(10) provide training for all agency staff on the requirements and responsibilities listed 
405.24 	in the Maltreatment of Minors Act, section 626.556 chapter 260E, and the Vulnerable Adult 
405.25 	Protection Act, section 626.557, including mandated and voluntary reporting, nonretaliation, 
405.26 	and the agency's policy for all staff on how to report suspected abuse and neglect;
405.27 	(11) have a written policy to resolve issues collaboratively with the person and the 
405.28 	person's legal representative when possible. The policy must include a timeline for when 
405.29 	the person and the person's legal representative will be notified about issues that arise in 
405.30 	the provision of services;
405.31 	(12) provide the person's legal representative with prompt notification if the person is 
405.32 	injured while being served by the agency. An incident report must be completed by the 
406.1 	agency staff member in charge of the person. A copy of all incident and injury reports must 
406.2 	remain on file at the agency for at least five years from the report of the incident; and
406.3 	(13) before starting a service, provide the person or the person's legal representative a 
406.4 	description of the treatment modality that the person shall receive, including the staffing 
406.5 	certification levels and training of the staff who shall provide a treatment.
406.6 	(b) When delivering the ITP, and annually thereafter, an agency must provide the person 
406.7 	or the person's legal representative with:
406.8 	(1) a written copy and a verbal explanation of the person's or person's legal 
406.9 	representative's rights and the agency's responsibilities;
406.10 	(2) documentation in the person's file the date that the person or the person's legal 
406.11 	representative received a copy and explanation of the person's or person's legal 
406.12 	representative's rights and the agency's responsibilities; and
406.13 	(3) reasonable accommodations to provide the information in another format or language 
406.14 	as needed to facilitate understanding of the person's or person's legal representative's rights 
406.15 	and the agency's responsibilities.

406.16 	Sec. 94. Minnesota Statutes 2018, section 256B.0951, subdivision 5, is amended to read:
406.17 		Subd. 5.Variance of certain standards prohibited. The safety standards, rights, or 
406.18 	procedural protections under chapter 245C and sections 245.825; 245.91 to 245.97; 245A.09, 
406.19 	subdivision 2, paragraph (c), clauses (2) and (5); 245A.12; 245A.13; 252.41, subdivision 
406.20 	9; 256B.092, subdivisions 1b, clause (7), and 10; 626.556; and626.557; and chapters 245C 
406.21 	and 260E, and procedures for the monitoring of psychotropic medications shall not be varied 
406.22 	under the alternative quality assurance licensing system. The commission may make 
406.23 	recommendations to the commissioners of human services and health or to the legislature 
406.24 	regarding alternatives to or modifications of the rules and procedures referenced in this 
406.25 	subdivision.

406.26 	Sec. 95. Minnesota Statutes 2018, section 256B.0954, is amended to read:
406.27 	256B.0954 CERTAIN PERSONS DEFINED AS MANDATED REPORTERS.
406.28 	Members of the Quality Assurance Commission established under section 256B.0951, 
406.29 	members of quality assurance review councils established under section 256B.0952, quality 
406.30 	assurance managers appointed under section 256B.0952, and members of quality assurance 
406.31 	teams established under section 256B.0952 are mandated reporters as that term is defined 
406.32 	in sections 626.556, subdivision 3 260E.06, subdivision 1, and 626.5572, subdivision 16.

407.1 	Sec. 96. Minnesota Statutes 2018, section 256B.097, subdivision 4, is amended to read:
407.2 		Subd. 4.Regional quality councils. (a) The commissioner shall establish, as selected 
407.3 	by the State Quality Council, regional quality councils of key stakeholders, including regional 
407.4 	representatives of:
407.5 	(1) disability service recipients and their family members;
407.6 	(2) disability service providers;
407.7 	(3) disability advocacy groups; and
407.8 	(4) county human services agencies and staff from the Department of Human Services 
407.9 	and Ombudsman for Mental Health and Developmental Disabilities.
407.10 	(b) Each regional quality council shall:
407.11 	(1) direct and monitor the community-based, person-directed quality assurance system 
407.12 	in this section;
407.13 	(2) approve a training program for quality assurance team members under clause (13);
407.14 	(3) review summary reports from quality assurance team reviews and make 
407.15 	recommendations to the State Quality Council regarding program licensure;
407.16 	(4) make recommendations to the State Quality Council regarding the system;
407.17 	(5) resolve complaints between the quality assurance teams, counties, providers, persons 
407.18 	receiving services, their families, and legal representatives;
407.19 	(6) analyze and review quality outcomes and critical incident data reporting incidents 
407.20 	of life safety concerns immediately to the Department of Human Services licensing division;
407.21 	(7) provide information and training programs for persons with disabilities and their 
407.22 	families and legal representatives on service options and quality expectations;
407.23 	(8) disseminate information and resources developed to other regional quality councils;
407.24 	(9) respond to state-level priorities;
407.25 	(10) establish regional priorities for quality improvement;
407.26 	(11) submit an annual report to the State Quality Council on the status, outcomes, 
407.27 	improvement priorities, and activities in the region;
407.28 	(12) choose a representative to participate on the State Quality Council and assume other 
407.29 	responsibilities consistent with the priorities of the State Quality Council; and
408.1 	(13) recruit, train, and assign duties to members of quality assurance teams, taking into 
408.2 	account the size of the service provider, the number of services to be reviewed, the skills 
408.3 	necessary for the team members to complete the process, and ensure that no team member 
408.4 	has a financial, personal, or family relationship with the facility, program, or service being 
408.5 	reviewed or with anyone served at the facility, program, or service. Quality assurance teams 
408.6 	must be comprised of county staff, persons receiving services or the person's families, legal 
408.7 	representatives, members of advocacy organizations, providers, and other involved 
408.8 	community members. Team members must complete the training program approved by the 
408.9 	regional quality council and must demonstrate performance-based competency. Team 
408.10 	members may be paid a per diem and reimbursed for expenses related to their participation 
408.11 	in the quality assurance process.
408.12 	(c) The commissioner shall monitor the safety standards, rights, and procedural 
408.13 	protections for the monitoring of psychotropic medications and those identified under 
408.14 	sections 245.825; 245.91 to 245.97; 245A.09, subdivision 2, paragraph (c), clauses (2) and 
408.15 	(5); 245A.12; 245A.13; 252.41, subdivision 9; 256B.092, subdivision 1b, clause (7); 626.556;
408.16 	and 626.557; and chapter 260E.
408.17 	(d) The regional quality councils may hire staff to perform the duties assigned in this 
408.18 	subdivision.
408.19 	(e) The regional quality councils may charge fees for their services.
408.20 	(f) The quality assurance process undertaken by a regional quality council consists of 
408.21 	an evaluation by a quality assurance team of the facility, program, or service. The process 
408.22 	must include an evaluation of a random sample of persons served. The sample must be 
408.23 	representative of each service provided. The sample size must be at least five percent but 
408.24 	not less than two persons served. All persons must be given the opportunity to be included 
408.25 	in the quality assurance process in addition to those chosen for the random sample.
408.26 	(g) A facility, program, or service may contest a licensing decision of the regional quality 
408.27 	council as permitted under chapter 245A.

408.28 	Sec. 97. Minnesota Statutes 2018, section 256B.097, subdivision 6, is amended to read:
408.29 		Subd. 6.Mandated reporters. Members of the State Quality Council under subdivision 
408.30 	3, the regional quality councils under subdivision 4, and quality assurance team members 
408.31 	under subdivision 4, paragraph (b), clause (13), are mandated reporters as defined in sections 
408.32 	626.556, subdivision 3 260E.06, subdivision 1, and 626.5572, subdivision 16.

409.1 	Sec. 98. Minnesota Statutes 2018, section 256B.77, subdivision 17, is amended to read:
409.2 		Subd. 17.Approval of alternatives. The commissioner may approve alternatives to 
409.3 	administrative rules if the commissioner determines that appropriate alternative measures 
409.4 	are in place to protect the health, safety, and rights of enrollees and to assure that services 
409.5 	are of sufficient quality to produce the outcomes described in the personal support plans. 
409.6 	Prior approved waivers, if needed by the demonstration project, shall be extended. The 
409.7 	commissioner shall not waive the rights or procedural protections under sections 245.825; 
409.8 	245.91 to 245.97; 252.41, subdivision 9; 256B.092, subdivision 10; 626.556; and 626.557; 
409.9 	and chapter 260E or procedures for the monitoring of psychotropic medications. Prohibited 
409.10 	practices as defined in statutes and rules governing service delivery to eligible individuals 
409.11 	are applicable to services delivered under this demonstration project.

409.12 	Sec. 99. Minnesota Statutes 2019 Supplement, section 256B.85, subdivision 10, is amended 
409.13 	to read:
409.14 		Subd. 10.Agency-provider and FMS provider qualifications and duties. (a) 
409.15 	Agency-providers identified in subdivision 11 and FMS providers identified in subdivision 
409.16 	13a shall:
409.17 	(1) enroll as a medical assistance Minnesota health care programs provider and meet all 
409.18 	applicable provider standards and requirements;
409.19 	(2) demonstrate compliance with federal and state laws and policies for CFSS as 
409.20 	determined by the commissioner;
409.21 	(3) comply with background study requirements under chapter 245C and maintain 
409.22 	documentation of background study requests and results;
409.23 	(4) verify and maintain records of all services and expenditures by the participant, 
409.24 	including hours worked by support workers;
409.25 	(5) not engage in any agency-initiated direct contact or marketing in person, by telephone, 
409.26 	or other electronic means to potential participants, guardians, family members, or participants' 
409.27 	representatives;
409.28 	(6) directly provide services and not use a subcontractor or reporting agent;
409.29 	(7) meet the financial requirements established by the commissioner for financial 
409.30 	solvency;
409.31 	(8) have never had a lead agency contract or provider agreement discontinued due to 
409.32 	fraud, or have never had an owner, board member, or manager fail a state or FBI-based 
410.1 	criminal background check while enrolled or seeking enrollment as a Minnesota health care 
410.2 	programs provider; and
410.3 	(9) have an office located in Minnesota.
410.4 	(b) In conducting general duties, agency-providers and FMS providers shall:
410.5 	(1) pay support workers based upon actual hours of services provided;
410.6 	(2) pay for worker training and development services based upon actual hours of services 
410.7 	provided or the unit cost of the training session purchased;
410.8 	(3) withhold and pay all applicable federal and state payroll taxes;
410.9 	(4) make arrangements and pay unemployment insurance, taxes, workers' compensation, 
410.10 	liability insurance, and other benefits, if any;
410.11 	(5) enter into a written agreement with the participant, participant's representative, or 
410.12 	legal representative that assigns roles and responsibilities to be performed before services, 
410.13 	supports, or goods are provided;
410.14 	(6) report maltreatment as required under sections 626.556 and section626.557 and 
410.15 	chapter 260E;
410.16 	(7) comply with the labor market reporting requirements described in section 256B.4912, 
410.17 	subdivision 1a;
410.18 	(8) comply with any data requests from the department consistent with the Minnesota 
410.19 	Government Data Practices Act under chapter 13; and
410.20 	(9) maintain documentation for the requirements under subdivision 16, paragraph (e), 
410.21 	clause (2), to qualify for an enhanced rate under this section.

410.22 	Sec. 100. Minnesota Statutes 2018, section 256B.85, subdivision 12a, is amended to read:
410.23 		Subd. 12a.CFSS agency-provider requirements; policies for complaint process and 
410.24 	incident response. (a) The CFSS agency-provider must establish policies and procedures 
410.25 	that promote service recipient rights by providing a simple complaint process for participants 
410.26 	served by the program and their authorized representatives to bring a grievance. The 
410.27 	complaint process must:
410.28 	(1) provide staff assistance with the complaint process when requested;
410.29 	(2) allow the participant to bring the complaint to the highest level of authority in the 
410.30 	program if the grievance cannot be resolved by other staff members, and provide the name, 
410.31 	address, and telephone number of that person;
411.1 	(3) provide the addresses and telephone numbers of outside agencies to assist the 
411.2 	participant;
411.3 	(4) require a prompt response to all complaints affecting a participant's health and safety 
411.4 	and a timely response to all other complaints;
411.5 	(5) require an evaluation of whether:
411.6 	(i) related policies and procedures were followed and adequate;
411.7 	(ii) there is a need for additional staff training;
411.8 	(iii) the complaint is similar to past complaints with the persons, staff, or services 
411.9 	involved; and
411.10 	(iv) there is a need for corrective action by the agency-provider to protect the health and 
411.11 	safety of participants receiving services;
411.12 	(6) provide a written summary of the complaint and a notice of the complaint resolution 
411.13 	to the participant and, if applicable, case manager or care coordinator; and
411.14 	(7) require that the complaint summary and resolution notice be maintained in the 
411.15 	participant's service record.
411.16 	(b) The CFSS agency-provider must establish policies and procedures for responding 
411.17 	to incidents that occur while services are being provided. When a participant has a legal 
411.18 	representative or a participant's representative, incidents must be reported to these 
411.19 	representatives. For the purposes of this paragraph, "incident" means an occurrence that 
411.20 	involves a participant and requires a response that is not a part of the ordinary provision of 
411.21 	the services to that participant, and includes:
411.22 	(1) serious injury of a participant as determined by section 245.91, subdivision 6;
411.23 	(2) a participant's death;
411.24 	(3) any medical emergency, unexpected serious illness, or significant unexpected change 
411.25 	in a participant's illness or medical condition that requires a call to 911, physician treatment, 
411.26 	or hospitalization;
411.27 	(4) any mental health crisis that requires a call to 911 or a mental health crisis intervention 
411.28 	team;
411.29 	(5) an act or situation involving a participant that requires a call to 911, law enforcement, 
411.30 	or the fire department;
411.31 	(6) a participant's unexplained absence;
412.1 	(7) behavior that creates an imminent risk of harm to the participant or another; and
412.2 	(8) a report of alleged or suspected child or vulnerable adult maltreatment under section 
412.3 	626.556 or626.557 or chapter 260E.

412.4 	Sec. 101. Minnesota Statutes 2018, section 256E.21, subdivision 5, is amended to read:
412.5 		Subd. 5.Child abuse. "Child abuse" means sexual abuse, neglect, or physical abuse as 
412.6 	defined in section 626.556, subdivision 2, paragraphs (g), (k), and (n) 260E.03, subdivisions 
412.7 	15, 18, and 20.

412.8 	Sec. 102. Minnesota Statutes 2018, section 256F.10, subdivision 1, is amended to read:
412.9 		Subdivision 1.Eligibility. Persons under 21 years of age who are eligible to receive 
412.10 	medical assistance are eligible for child welfare targeted case management services under 
412.11 	section 256B.094 and this section if they have received an assessment and have been 
412.12 	determined by the local county or tribal social services agency to be:
412.13 	(1) at risk of placement or in placement as described in section 260C.212, subdivision 
412.14 	1;
412.15 	(2) at risk of maltreatment or experiencing maltreatment as defined in section 626.556, 
412.16 	subdivision 10e 260E.03, subdivision 12; or
412.17 	(3) in need of protection or services as defined in section 260C.007, subdivision 6.

412.18 	Sec. 103. Minnesota Statutes 2018, section 256F.10, subdivision 4, is amended to read:
412.19 		Subd. 4.Provider qualifications and certification standards. The commissioner must 
412.20 	certify each provider before enrolling it as a child welfare targeted case management provider 
412.21 	of services under section 256B.094 and this section. The certification process shall examine 
412.22 	the provider's ability to meet the qualification requirements and certification standards in 
412.23 	this subdivision and other federal and state requirements of this service. A certified child 
412.24 	welfare targeted case management provider is an enrolled medical assistance provider who 
412.25 	is determined by the commissioner to have all of the following:
412.26 	(1) the legal authority to provide public welfare under sections 393.01, subdivision 7, 
412.27 	and 393.07 or a federally recognized Indian tribe;
412.28 	(2) the demonstrated capacity and experience to provide the components of case 
412.29 	management to coordinate and link community resources needed by the eligible population;
413.1 	(3) administrative capacity and experience in serving the target population for whom it 
413.2 	will provide services and in ensuring quality of services under state and federal requirements;
413.3 	(4) the legal authority to provide complete investigative and protective services under 
413.4 	section 626.556, subdivision 10 260E.20, and child welfare and foster care services under 
413.5 	section 393.07, subdivisions 1 and 2, or a federally recognized Indian tribe;
413.6 	(5) a financial management system that provides accurate documentation of services 
413.7 	and costs under state and federal requirements; and
413.8 	(6) the capacity to document and maintain individual case records under state and federal 
413.9 	requirements.

413.10 	Sec. 104. Minnesota Statutes 2018, section 256L.07, subdivision 4, is amended to read:
413.11 		Subd. 4.Families with children in need of chemical dependency treatment. Premiums 
413.12 	for families with children when a parent has been determined to be in need of chemical 
413.13 	dependency treatment pursuant to an assessment conducted by the county under section 
413.14 	626.556, subdivision 10 260E.20, subdivision 1, paragraph (g), or a case plan under section 
413.15 	260C.201, subdivision 6, or 260C.212, who are eligible for MinnesotaCare under section 
413.16 	256L.04, subdivision 1, may be paid by the county of residence of the person in need of 
413.17 	treatment for one year from the date the family is determined to be eligible or if the family 
413.18 	is currently enrolled in MinnesotaCare from the date the person is determined to be in need 
413.19 	of chemical dependency treatment. Upon renewal, the family is responsible for any premiums 
413.20 	owed under section 256L.15. If the family is not currently enrolled in MinnesotaCare, the 
413.21 	local county human services agency shall determine whether the family appears to meet the 
413.22 	eligibility requirements and shall assist the family in applying for the MinnesotaCare 
413.23 	program.

413.24 	Sec. 105. Minnesota Statutes 2018, section 256M.10, subdivision 2, is amended to read:
413.25 		Subd. 2.Vulnerable children and adults services. (a) "Vulnerable children and adults 
413.26 	services" means services provided or arranged for by county boards for vulnerable children 
413.27 	under chapter chapters 260C and 260E, and sections 626.556 and 626.5561, and adults 
413.28 	under section 626.557 who experience dependency, abuse, or neglect, as well as services 
413.29 	for family members to support those individuals. These services may be provided by 
413.30 	professionals or nonprofessionals, including the person's natural supports in the community. 
413.31 	For the purpose of this chapter, "vulnerable children" means children and adolescents.
414.1 	(b) Vulnerable children and adults services do not include services under the public 
414.2 	assistance programs known as the Minnesota family investment program, Minnesota 
414.3 	supplemental aid, medical assistance, general assistance, MinnesotaCare, or community 
414.4 	health services.

414.5 	Sec. 106. Minnesota Statutes 2018, section 256M.40, subdivision 1, is amended to read:
414.6 		Subdivision 1.Formula. The commissioner shall allocate state funds appropriated under 
414.7 	this chapter to each county board on a calendar year basis in an amount determined according 
414.8 	to the formula in paragraphs (a) to (e).
414.9 	(a) For calendar years 2011 and 2012, the commissioner shall allocate available funds 
414.10 	to each county in proportion to that county's share in calendar year 2010.
414.11 	(b) For calendar year 2013 and each calendar year thereafter, the commissioner shall 
414.12 	allocate available funds to each county as follows:
414.13 	(1) 75 percent must be distributed on the basis of the county share in calendar year 2012;
414.14 	(2) five percent must be distributed on the basis of the number of persons residing in 
414.15 	the county as determined by the most recent data of the state demographer;
414.16 	(3) ten percent must be distributed on the basis of the number of vulnerable children 
414.17 	that are subjects of reports under chapter chapters 260C and sections 626.556 and 626.5561
414.18 	and 260E, and in the county as determined by the most recent data of the commissioner; 
414.19 	and
414.20 	(4) ten percent must be distributed on the basis of the number of vulnerable adults that 
414.21 	are subjects of reports under section 626.557 in the county as determined by the most recent 
414.22 	data of the commissioner.
414.23 	(c) The commissioner is precluded from changing the formula under this subdivision or 
414.24 	recommending a change to the legislature without public review and input.

414.25 	Sec. 107. Minnesota Statutes 2018, section 256M.41, subdivision 1, is amended to read:
414.26 		Subdivision 1.Formula for county staffing funds. (a) The commissioner shall allocate 
414.27 	state funds appropriated under this section to each county board on a calendar year basis in 
414.28 	an amount determined according to the following formula:
414.29 	(1) 50 percent must be distributed on the basis of the child population residing in the 
414.30 	county as determined by the most recent data of the state demographer;
415.1 	(2) 25 percent must be distributed on the basis of the number of screened-in reports of 
415.2 	child maltreatment under sections 626.556 and 626.5561 chapter 260E, and in the county 
415.3 	as determined by the most recent data of the commissioner; and
415.4 	(3) 25 percent must be distributed on the basis of the number of open child protection 
415.5 	case management cases in the county as determined by the most recent data of the 
415.6 	commissioner.
415.7 	(b) Notwithstanding this subdivision, no county shall be awarded an allocation of less 
415.8 	than $75,000.

415.9 	Sec. 108. Minnesota Statutes 2018, section 257.0764, is amended to read:
415.10 	257.0764 COMPLAINTS.
415.11 	An ombudsperson may receive a complaint from any source concerning an action of an 
415.12 	agency, facility, or program. After completing a review, the ombudsperson shall inform the 
415.13 	complainant, agency, facility, or program. Services to a child shall not be unfavorably altered 
415.14 	as a result of an investigation or complaint. An agency, facility, or program shall not retaliate 
415.15 	or take adverse action, as defined in section 626.556, subdivision 4a, 260E.07, paragraph 
415.16 	(c), against an individual who, in good faith, makes a complaint or assists in an investigation.

415.17 	Sec. 109. Minnesota Statutes 2018, section 260.012, is amended to read:
415.18 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
415.19 	REUNIFICATION; REASONABLE EFFORTS.
415.20 	(a) Once a child alleged to be in need of protection or services is under the court's 
415.21 	jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 
415.22 	services, by the social services agency are made to prevent placement or to eliminate the 
415.23 	need for removal and to reunite the child with the child's family at the earliest possible time, 
415.24 	and the court must ensure that the responsible social services agency makes reasonable 
415.25 	efforts to finalize an alternative permanent plan for the child as provided in paragraph (e). 
415.26 	In determining reasonable efforts to be made with respect to a child and in making those 
415.27 	reasonable efforts, the child's best interests, health, and safety must be of paramount concern. 
415.28 	Reasonable efforts to prevent placement and for rehabilitation and reunification are always 
415.29 	required except upon a determination by the court that a petition has been filed stating a 
415.30 	prima facie case that:
415.31 	(1) the parent has subjected a child to egregious harm as defined in section 260C.007, 
415.32 	subdivision 14;
416.1 	(2) the parental rights of the parent to another child have been terminated involuntarily;
416.2 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph 
416.3 	(a), clause (2);
416.4 	(4) the parent's custodial rights to another child have been involuntarily transferred to a 
416.5 	relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), 
416.6 	clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;
416.7 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2
416.8 	260E.03, against the child or another child of the parent;
416.9 	(6) the parent has committed an offense that requires registration as a predatory offender 
416.10 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
416.11 	(7) the provision of services or further services for the purpose of reunification is futile 
416.12 	and therefore unreasonable under the circumstances.
416.13 	(b) When the court makes one of the prima facie determinations under paragraph (a), 
416.14 	either permanency pleadings under section 260C.505, or a termination of parental rights 
416.15 	petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under 
416.16 	sections 260C.503 to 260C.521 must be held within 30 days of this determination.
416.17 	(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178, 
416.18 	260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court 
416.19 	must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, 
416.20 	United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In 
416.21 	cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section 
416.22 	1901, the responsible social services agency must provide active efforts as required under 
416.23 	United States Code, title 25, section 1911(d).
416.24 	(d) "Reasonable efforts to prevent placement" means:
416.25 	(1) the agency has made reasonable efforts to prevent the placement of the child in foster 
416.26 	care by working with the family to develop and implement a safety plan; or
416.27 	(2) given the particular circumstances of the child and family at the time of the child's 
416.28 	removal, there are no services or efforts available which could allow the child to safely 
416.29 	remain in the home.
416.30 	(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence 
416.31 	by the responsible social services agency to:
416.32 	(1) reunify the child with the parent or guardian from whom the child was removed;
417.1 	(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 
417.2 	where appropriate, provide services necessary to enable the noncustodial parent to safely 
417.3 	provide the care, as required by section 260C.219;
417.4 	(3) conduct a relative search to identify and provide notice to adult relatives as required 
417.5 	under section 260C.221;
417.6 	(4) place siblings removed from their home in the same home for foster care or adoption, 
417.7 	or transfer permanent legal and physical custody to a relative. Visitation between siblings 
417.8 	who are not in the same foster care, adoption, or custodial placement or facility shall be 
417.9 	consistent with section 260C.212, subdivision 2; and
417.10 	(5) when the child cannot return to the parent or guardian from whom the child was 
417.11 	removed, to plan for and finalize a safe and legally permanent alternative home for the child, 
417.12 	and considers permanent alternative homes for the child inside or outside of the state, 
417.13 	preferably through adoption or transfer of permanent legal and physical custody of the child.
417.14 	(f) Reasonable efforts are made upon the exercise of due diligence by the responsible 
417.15 	social services agency to use culturally appropriate and available services to meet the needs 
417.16 	of the child and the child's family. Services may include those provided by the responsible 
417.17 	social services agency and other culturally appropriate services available in the community. 
417.18 	At each stage of the proceedings where the court is required to review the appropriateness 
417.19 	of the responsible social services agency's reasonable efforts as described in paragraphs (a), 
417.20 	(d), and (e), the social services agency has the burden of demonstrating that:
417.21 	(1) it has made reasonable efforts to prevent placement of the child in foster care;
417.22 	(2) it has made reasonable efforts to eliminate the need for removal of the child from 
417.23 	the child's home and to reunify the child with the child's family at the earliest possible time;
417.24 	(3) it has made reasonable efforts to finalize an alternative permanent home for the child, 
417.25 	and considers permanent alternative homes for the child inside or outside of the state; or
417.26 	(4) reasonable efforts to prevent placement and to reunify the child with the parent or 
417.27 	guardian are not required. The agency may meet this burden by stating facts in a sworn 
417.28 	petition filed under section 260C.141, by filing an affidavit summarizing the agency's 
417.29 	reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 
417.30 	efforts to reunify the parent and child, or through testimony or a certified report required 
417.31 	under juvenile court rules.
417.32 	(g) Once the court determines that reasonable efforts for reunification are not required 
417.33 	because the court has made one of the prima facie determinations under paragraph (a), the 
418.1 	court may only require reasonable efforts for reunification after a hearing according to 
418.2 	section 260C.163, where the court finds there is not clear and convincing evidence of the 
418.3 	facts upon which the court based its prima facie determination. In this case when there is 
418.4 	clear and convincing evidence that the child is in need of protection or services, the court 
418.5 	may find the child in need of protection or services and order any of the dispositions available 
418.6 	under section 260C.201, subdivision 1. Reunification of a child with a parent is not required 
418.7 	if the parent has been convicted of:
418.8 	(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185
418.9 	to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;
418.10 	(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;
418.11 	(3) a violation of, or an attempt or conspiracy to commit a violation of, United States 
418.12 	Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;
418.13 	(4) committing sexual abuse as defined in section 626.556, subdivision 2 260E.03, 
418.14 	against the child or another child of the parent; or
418.15 	(5) an offense that requires registration as a predatory offender under section 243.166, 
418.16 	subdivision 1b, paragraph (a) or (b).
418.17 	(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201, 
418.18 	260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and 
418.19 	conclusions as to the provision of reasonable efforts. When determining whether reasonable 
418.20 	efforts have been made, the court shall consider whether services to the child and family 
418.21 	were:
418.22 	(1) relevant to the safety and protection of the child;
418.23 	(2) adequate to meet the needs of the child and family;
418.24 	(3) culturally appropriate;
418.25 	(4) available and accessible;
418.26 	(5) consistent and timely; and
418.27 	(6) realistic under the circumstances.
418.28 	In the alternative, the court may determine that provision of services or further services 
418.29 	for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances 
418.30 	or that reasonable efforts are not required as provided in paragraph (a).
419.1 	(i) This section does not prevent out-of-home placement for treatment of a child with a 
419.2 	mental disability when it is determined to be medically necessary as a result of the child's 
419.3 	diagnostic assessment or individual treatment plan indicates that appropriate and necessary 
419.4 	treatment cannot be effectively provided outside of a residential or inpatient treatment 
419.5 	program and the level or intensity of supervision and treatment cannot be effectively and 
419.6 	safely provided in the child's home or community and it is determined that a residential 
419.7 	treatment setting is the least restrictive setting that is appropriate to the needs of the child.
419.8 	(j) If continuation of reasonable efforts to prevent placement or reunify the child with 
419.9 	the parent or guardian from whom the child was removed is determined by the court to be 
419.10 	inconsistent with the permanent plan for the child or upon the court making one of the prima 
419.11 	facie determinations under paragraph (a), reasonable efforts must be made to place the child 
419.12 	in a timely manner in a safe and permanent home and to complete whatever steps are 
419.13 	necessary to legally finalize the permanent placement of the child.
419.14 	(k) Reasonable efforts to place a child for adoption or in another permanent placement 
419.15 	may be made concurrently with reasonable efforts to prevent placement or to reunify the 
419.16 	child with the parent or guardian from whom the child was removed. When the responsible 
419.17 	social services agency decides to concurrently make reasonable efforts for both reunification 
419.18 	and permanent placement away from the parent under paragraph (a), the agency shall disclose 
419.19 	its decision and both plans for concurrent reasonable efforts to all parties and the court. 
419.20 	When the agency discloses its decision to proceed on both plans for reunification and 
419.21 	permanent placement away from the parent, the court's review of the agency's reasonable 
419.22 	efforts shall include the agency's efforts under both plans.

419.23 	Sec. 110. Minnesota Statutes 2018, section 260.761, subdivision 2, is amended to read:
419.24 		Subd. 2.Agency and court notice to tribes. (a) When a local social services agency 
419.25 	has information that a family assessment or investigation being conducted may involve an 
419.26 	Indian child, the local social services agency shall notify the Indian child's tribe of the family 
419.27 	assessment or investigation according to section 626.556, subdivision 10, paragraph (a), 
419.28 	clause (5) 260E.18. Initial notice shall be provided by telephone and by e-mail or facsimile. 
419.29 	The local social services agency shall request that the tribe or a designated tribal 
419.30 	representative participate in evaluating the family circumstances, identifying family and 
419.31 	tribal community resources, and developing case plans.
419.32 	(b) When a local social services agency has information that a child receiving services 
419.33 	may be an Indian child, the local social services agency shall notify the tribe by telephone 
419.34 	and by e-mail or facsimile of the child's full name and date of birth, the full names and dates 
420.1 	of birth of the child's biological parents, and, if known, the full names and dates of birth of 
420.2 	the child's grandparents and of the child's Indian custodian. This notification must be provided 
420.3 	so the tribe can determine if the child is enrolled in the tribe or eligible for membership, 
420.4 	and must be provided within seven days. If information regarding the child's grandparents 
420.5 	or Indian custodian is not available within the seven-day period, the local social services 
420.6 	agency shall continue to request this information and shall notify the tribe when it is received. 
420.7 	Notice shall be provided to all tribes to which the child may have any tribal lineage. If the 
420.8 	identity or location of the child's parent or Indian custodian and tribe cannot be determined, 
420.9 	the local social services agency shall provide the notice required in this paragraph to the 
420.10 	United States secretary of the interior.
420.11 	(c) In accordance with sections 260C.151 and 260C.152, when a court has reason to 
420.12 	believe that a child placed in emergency protective care is an Indian child, the court 
420.13 	administrator or a designee shall, as soon as possible and before a hearing takes place, notify 
420.14 	the tribal social services agency by telephone and by e-mail or facsimile of the date, time, 
420.15 	and location of the emergency protective case hearing. The court shall make efforts to allow 
420.16 	appearances by telephone for tribal representatives, parents, and Indian custodians.
420.17 	(d) A local social services agency must provide the notices required under this subdivision 
420.18 	at the earliest possible time to facilitate involvement of the Indian child's tribe. Nothing in 
420.19 	this subdivision is intended to hinder the ability of the local social services agency and the 
420.20 	court to respond to an emergency situation. Lack of participation by a tribe shall not prevent 
420.21 	the tribe from intervening in services and proceedings at a later date. A tribe may participate 
420.22 	at any time. At any stage of the local social services agency's involvement with an Indian 
420.23 	child, the agency shall provide full cooperation to the tribal social services agency, including 
420.24 	disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the 
420.25 	local social services agency of satisfying the notice requirements in the Indian Child Welfare 
420.26 	Act.

420.27 	Sec. 111. Minnesota Statutes 2018, section 260B.171, subdivision 6, is amended to read:
420.28 		Subd. 6.Attorney access to records. An attorney representing a child, parent, or guardian 
420.29 	ad litem in a proceeding under this chapter shall be given access to records, local social 
420.30 	services agency files, and reports which form the basis of any recommendation made to the 
420.31 	court. An attorney does not have access under this subdivision to the identity of a person 
420.32 	who made a report under section 626.556 chapter 260E. The court may issue protective 
420.33 	orders to prohibit an attorney from sharing a specified record or portion of a record with a 
420.34 	client other than a guardian ad litem.

421.1 	Sec. 112. Minnesota Statutes 2019 Supplement, section 260B.198, subdivision 1, is 
421.2 	amended to read:
421.3 		Subdivision 1.Court order, findings, remedies, treatment. (a) If the court finds that 
421.4 	the child is delinquent, it shall enter an order making any of the following dispositions of 
421.5 	the case which are deemed necessary to the rehabilitation of the child:
421.6 	(1) counsel the child or the parents, guardian, or custodian;
421.7 	(2) place the child under the supervision of a probation officer or other suitable person 
421.8 	in the child's own home under conditions prescribed by the court including reasonable rules 
421.9 	for the child's conduct and the conduct of the child's parents, guardian, or custodian, designed 
421.10 	for the physical, mental, and moral well-being and behavior of the child, or with the consent 
421.11 	of the commissioner of corrections, in a group foster care facility which is under the 
421.12 	management and supervision of said commissioner;
421.13 	(3) if the court determines that the child is a danger to self or others, subject to the 
421.14 	supervision of the court, transfer legal custody of the child to one of the following:
421.15 	(i) a child-placing agency;
421.16 	(ii) the local social services agency;
421.17 	(iii) a reputable individual of good moral character. No person may receive custody of 
421.18 	two or more unrelated children unless licensed as a residential facility pursuant to sections 
421.19 	245A.01 to 245A.16;
421.20 	(iv) a county home school, if the county maintains a home school or enters into an 
421.21 	agreement with a county home school; or
421.22 	(v) a county probation officer for placement in a group foster home established under 
421.23 	the direction of the juvenile court and licensed pursuant to section 241.021;
421.24 	(4) transfer legal custody by commitment to the commissioner of corrections;
421.25 	(5) if the child is found to have violated a state or local law or ordinance which has 
421.26 	resulted in damage to the person or property of another, the court may order the child to 
421.27 	make reasonable restitution for such damage;
421.28 	(6) require the child to pay a fine of up to $1,000. The court shall order payment of the 
421.29 	fine in accordance with a time payment schedule which shall not impose an undue financial 
421.30 	hardship on the child;
421.31 	(7) if the child is in need of special treatment and care for reasons of physical or mental 
421.32 	health, the court may order the child's parent, guardian, or custodian to provide it. If the 
422.1 	parent, guardian, or custodian fails to provide this treatment or care, the court may order it 
422.2 	provided;
422.3 	(8) if the court believes that it is in the best interests of the child and of public safety 
422.4 	that the driver's license of the child be canceled until the child's 18th birthday, the court 
422.5 	may recommend to the commissioner of public safety the cancellation of the child's license 
422.6 	for any period up to the child's 18th birthday, and the commissioner is hereby authorized 
422.7 	to cancel such license without a hearing. At any time before the termination of the period 
422.8 	of cancellation, the court may, for good cause, recommend to the commissioner of public 
422.9 	safety that the child be authorized to apply for a new license, and the commissioner may so 
422.10 	authorize;
422.11 	(9) if the court believes that it is in the best interest of the child and of public safety that 
422.12 	the child is enrolled in school, the court may require the child to remain enrolled in a public 
422.13 	school until the child reaches the age of 18 or completes all requirements needed to graduate 
422.14 	from high school. Any child enrolled in a public school under this clause is subject to the 
422.15 	provisions of the Pupil Fair Dismissal Act in chapter 127;
422.16 	(10) if the child is petitioned and found by the court to have committed a controlled 
422.17 	substance offense under sections 152.021 to 152.027, the court shall determine whether the 
422.18 	child unlawfully possessed or sold the controlled substance while driving a motor vehicle. 
422.19 	If so, the court shall notify the commissioner of public safety of its determination and order 
422.20 	the commissioner to revoke the child's driver's license for the applicable time period specified 
422.21 	in section 152.0271. If the child does not have a driver's license or if the child's driver's 
422.22 	license is suspended or revoked at the time of the delinquency finding, the commissioner 
422.23 	shall, upon the child's application for driver's license issuance or reinstatement, delay the 
422.24 	issuance or reinstatement of the child's driver's license for the applicable time period specified 
422.25 	in section 152.0271. Upon receipt of the court's order, the commissioner is authorized to 
422.26 	take the licensing action without a hearing;
422.27 	(11) if the child is petitioned and found by the court to have committed or attempted to 
422.28 	commit an act in violation of section 609.342; 609.343; 609.344; 609.345; 609.3451; 
422.29 	609.746, subdivision 1; 609.79; or 617.23, or another offense arising out of a delinquency 
422.30 	petition based on one or more of those sections, the court shall order an independent 
422.31 	professional assessment of the child's need for sex offender treatment. An assessor providing 
422.32 	an assessment for the court must be experienced in the evaluation and treatment of juvenile 
422.33 	sex offenders. If the assessment indicates that the child is in need of and amenable to sex 
422.34 	offender treatment, the court shall include in its disposition order a requirement that the 
422.35 	child undergo treatment. Notwithstanding sections 13.384, 13.85, 144.291 to 144.298, or
423.1 	260B.171, or 626.556, or chapter 260E, the assessor has access to the following private or 
423.2 	confidential data on the child if access is relevant and necessary for the assessment:
423.3 	(i) medical data under section 13.384;
423.4 	(ii) corrections and detention data under section 13.85;
423.5 	(iii) health records under sections 144.291 to 144.298;
423.6 	(iv) juvenile court records under section 260B.171; and
423.7 	(v) local welfare agency records under section 626.556 chapter 260E.
423.8 	Data disclosed under this clause may be used only for purposes of the assessment and 
423.9 	may not be further disclosed to any other person, except as authorized by law; or
423.10 	(12) if the child is found delinquent due to the commission of an offense that would be 
423.11 	a felony if committed by an adult, the court shall make a specific finding on the record 
423.12 	regarding the juvenile's mental health and chemical dependency treatment needs.
423.13 	(b) Any order for a disposition authorized under this section shall contain written findings 
423.14 	of fact to support the disposition ordered and shall also set forth in writing the following 
423.15 	information:
423.16 	(1) why the best interests of the child are served by the disposition ordered; and
423.17 	(2) what alternative dispositions were considered by the court and why such dispositions 
423.18 	were not appropriate in the instant case. Clause (1) does not apply to a disposition under 
423.19 	subdivision 1a.

423.20 	Sec. 113. Minnesota Statutes 2018, section 260C.007, subdivision 3, is amended to read:
423.21 		Subd. 3.Case plan. "Case plan" means any plan for the delivery of services to a child 
423.22 	and parent or guardian, or, when reunification is not required, the child alone, that is 
423.23 	developed according to the requirements of section 245.4871, subdivision 19 or 21; 245.492, 
423.24 	subdivision 16; 256B.092; 260C.212, subdivision 1; or 626.556, subdivision 10 260E.26.

423.25 	Sec. 114. Minnesota Statutes 2018, section 260C.007, subdivision 5, is amended to read:
423.26 		Subd. 5.Child abuse. "Child abuse" means an act that involves a minor victim that 
423.27 	constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 
423.28 	609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, or that is physical 
423.29 	or sexual abuse as defined in section 626.556, subdivision 2 260E.03, or an act committed 
424.1 	in another state that involves a minor victim and would constitute a violation of one of these 
424.2 	sections if committed in this state.

424.3 	Sec. 115. Minnesota Statutes 2018, section 260C.007, subdivision 6, is amended to read:
424.4 		Subd. 6.Child in need of protection or services. "Child in need of protection or 
424.5 	services" means a child who is in need of protection or services because the child:
424.6 	(1) is abandoned or without parent, guardian, or custodian;
424.7 	(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556, 
424.8 	subdivision 2 260E.03, subdivision 18 or 20, (ii) resides with or has resided with a victim 
424.9 	of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 
424.10 	13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined 
424.11 	in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of 
424.12 	emotional maltreatment as defined in subdivision 15;
424.13 	(3) is without necessary food, clothing, shelter, education, or other required care for the 
424.14 	child's physical or mental health or morals because the child's parent, guardian, or custodian 
424.15 	is unable or unwilling to provide that care;
424.16 	(4) is without the special care made necessary by a physical, mental, or emotional 
424.17 	condition because the child's parent, guardian, or custodian is unable or unwilling to provide 
424.18 	that care;
424.19 	(5) is medically neglected, which includes, but is not limited to, the withholding of 
424.20 	medically indicated treatment from an infant with a disability with a life-threatening 
424.21 	condition. The term "withholding of medically indicated treatment" means the failure to 
424.22 	respond to the infant's life-threatening conditions by providing treatment, including 
424.23 	appropriate nutrition, hydration, and medication which, in the treating physician's or advanced 
424.24 	practice registered nurse's reasonable medical judgment, will be most likely to be effective 
424.25 	in ameliorating or correcting all conditions, except that the term does not include the failure 
424.26 	to provide treatment other than appropriate nutrition, hydration, or medication to an infant 
424.27 	when, in the treating physician's or advanced practice registered nurse's reasonable medical 
424.28 	judgment:
424.29 	(i) the infant is chronically and irreversibly comatose;
424.30 	(ii) the provision of the treatment would merely prolong dying, not be effective in 
424.31 	ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 
424.32 	futile in terms of the survival of the infant; or
425.1 	(iii) the provision of the treatment would be virtually futile in terms of the survival of 
425.2 	the infant and the treatment itself under the circumstances would be inhumane;
425.3 	(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved 
425.4 	of the child's care and custody, including a child who entered foster care under a voluntary 
425.5 	placement agreement between the parent and the responsible social services agency under 
425.6 	section 260C.227;
425.7 	(7) has been placed for adoption or care in violation of law;
425.8 	(8) is without proper parental care because of the emotional, mental, or physical disability, 
425.9 	or state of immaturity of the child's parent, guardian, or other custodian;
425.10 	(9) is one whose behavior, condition, or environment is such as to be injurious or 
425.11 	dangerous to the child or others. An injurious or dangerous environment may include, but 
425.12 	is not limited to, the exposure of a child to criminal activity in the child's home;
425.13 	(10) is experiencing growth delays, which may be referred to as failure to thrive, that 
425.14 	have been diagnosed by a physician and are due to parental neglect;
425.15 	(11) is a sexually exploited youth;
425.16 	(12) has committed a delinquent act or a juvenile petty offense before becoming ten 
425.17 	years old;
425.18 	(13) is a runaway;
425.19 	(14) is a habitual truant;
425.20 	(15) has been found incompetent to proceed or has been found not guilty by reason of 
425.21 	mental illness or mental deficiency in connection with a delinquency proceeding, a 
425.22 	certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 
425.23 	proceeding involving a juvenile petty offense; or
425.24 	(16) has a parent whose parental rights to one or more other children were involuntarily 
425.25 	terminated or whose custodial rights to another child have been involuntarily transferred to 
425.26 	a relative and there is a case plan prepared by the responsible social services agency 
425.27 	documenting a compelling reason why filing the termination of parental rights petition under 
425.28 	section 260C.503, subdivision 2, is not in the best interests of the child.

425.29 	Sec. 116. Minnesota Statutes 2018, section 260C.007, subdivision 13, is amended to read:
425.30 		Subd. 13.Domestic child abuse. "Domestic child abuse" means:
426.1 	(1) any physical injury to a minor family or household member inflicted by an adult 
426.2 	family or household member other than by accidental means;
426.3 	(2) subjection of a minor family or household member by an adult family or household 
426.4 	member to any act which constitutes a violation of sections 609.321 to 609.324, 609.342, 
426.5 	609.343, 609.344, 609.345, or 617.246; or
426.6 	(3) physical or sexual abuse as defined in section 626.556, subdivision 2 260E.03, 
426.7 	subdivision 18 or 20.

426.8 	Sec. 117. Minnesota Statutes 2019 Supplement, section 260C.139, subdivision 3, is 
426.9 	amended to read:
426.10 		Subd. 3.Status of child. For purposes of proceedings under this chapter and adoption 
426.11 	proceedings, a newborn left at a safe place, pursuant to subdivision 4 and section 145.902, 
426.12 	is considered an abandoned child under section 626.556, subdivision 2, paragraph (o), clause 
426.13 	(2) 260E.03, subdivision 22, clause (2). The child is abandoned under sections 260C.007, 
426.14 	subdivision 6, clause (1), and 260C.301, subdivision 1, paragraph (b), clause (1).

426.15 	Sec. 118. Minnesota Statutes 2018, section 260C.150, subdivision 3, is amended to read:
426.16 		Subd. 3.Identifying parents of child; diligent efforts; data. (a) The responsible social 
426.17 	services agency shall make diligent efforts to identify and locate both parents of any child 
426.18 	who is the subject of proceedings under this chapter. Diligent efforts include:
426.19 	(1) asking the custodial or known parent to identify any nonresident parent of the child 
426.20 	and provide information that can be used to verify the nonresident parent's identity including 
426.21 	the dates and locations of marriages and divorces; dates and locations of any legal 
426.22 	proceedings regarding paternity; date and place of the child's birth; nonresident parent's full 
426.23 	legal name; nonresident parent's date of birth, or if the nonresident parent's date of birth is 
426.24 	unknown, an approximate age; the nonresident parent's Social Security number; the 
426.25 	nonresident parent's whereabouts including last known whereabouts; and the whereabouts 
426.26 	of relatives of the nonresident parent. For purposes of this subdivision, "nonresident parent" 
426.27 	means a parent who does not reside in the same household as the child or did not reside in 
426.28 	the same household as the child at the time the child was removed when the child is in foster 
426.29 	care;
426.30 	(2) obtaining information that will identify and locate the nonresident parent from the 
426.31 	county and state of Minnesota child support enforcement information system;
427.1 	(3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after the 
427.2 	child's birth; and
427.3 	(4) using any other reasonable means to identify and locate the nonresident parent.
427.4 	(b) The agency may disclose data which is otherwise private under section 13.46or 
427.5 	626.556 or chapter 260E in order to carry out its duties under this subdivision.
427.6 	(c) Upon the filing of a petition alleging the child to be in need of protection or services, 
427.7 	the responsible social services agency may contact a putative father who registered with 
427.8 	the Minnesota Fathers' Adoption Registry more than 30 days after the child's birth. The 
427.9 	social service agency may consider a putative father for the day-to-day care of the child 
427.10 	under section 260C.219 if the putative father cooperates with genetic testing and there is a 
427.11 	positive test result under section 257.62, subdivision 5. Nothing in this paragraph:
427.12 	(1) relieves a putative father who registered with the Minnesota Fathers' Adoption 
427.13 	Registry more than 30 days after the child's birth of the duty to cooperate with paternity 
427.14 	establishment proceedings under section 260C.219;
427.15 	(2) gives a putative father who registered with the Minnesota Fathers' Adoption Registry 
427.16 	more than 30 days after the child's birth the right to notice under section 260C.151 unless 
427.17 	the putative father is entitled to notice under sections 259.24 and 259.49, subdivision 1, 
427.18 	paragraph (a) or (b), clauses (1) to (7); or
427.19 	(3) establishes a right to assert an interest in the child in a termination of parental rights 
427.20 	proceeding contrary to section 259.52, subdivision 6, unless the putative father is entitled 
427.21 	to notice under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1) 
427.22 	to (7).

427.23 	Sec. 119. Minnesota Statutes 2018, section 260C.171, subdivision 3, is amended to read:
427.24 		Subd. 3.Attorney access to records. An attorney representing a child, parent, or guardian 
427.25 	ad litem in a proceeding under this chapter shall be given access to records, responsible 
427.26 	social services agency files, and reports which form the basis of any recommendation made 
427.27 	to the court. An attorney does not have access under this subdivision to the identity of a 
427.28 	person who made a report under section 626.556 chapter 260E. The court may issue 
427.29 	protective orders to prohibit an attorney from sharing a specified record or portion of a 
427.30 	record with a client other than a guardian ad litem.

428.1 	Sec. 120. Minnesota Statutes 2018, section 260C.177, is amended to read:
428.2 	260C.177 PARENTAL AND LAW ENFORCEMENT NOTIFICATION.
428.3 	An emergency shelter and its agents, employees, and volunteers must comply with court 
428.4 	orders, section 626.556, this chapter, chapter 260E, and all other applicable laws. In any 
428.5 	event, unless other legal requirements require earlier or different notification or actions, an 
428.6 	emergency shelter must attempt to notify a runaway's parent or legal guardian of the 
428.7 	runaway's location and status within 72 hours. The notification must include a description 
428.8 	of the runaway's physical and emotional condition and the circumstances surrounding the 
428.9 	runaway's admission to the emergency shelter, unless there are compelling reasons not to 
428.10 	provide the parent or legal guardian with this information. Compelling reasons may include 
428.11 	circumstances in which the runaway is or has been exposed to domestic violence or a victim 
428.12 	of abuse, neglect, or abandonment.

428.13 	Sec. 121. Minnesota Statutes 2019 Supplement, section 260C.178, subdivision 1, is 
428.14 	amended to read:
428.15 		Subdivision 1.Hearing and release requirements. (a) If a child was taken into custody 
428.16 	under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a 
428.17 	hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, 
428.18 	Sundays, and holidays, to determine whether the child should continue in custody.
428.19 	(b) Unless there is reason to believe that the child would endanger self or others or not 
428.20 	return for a court hearing, or that the child's health or welfare would be immediately 
428.21 	endangered, the child shall be released to the custody of a parent, guardian, custodian, or 
428.22 	other suitable person, subject to reasonable conditions of release including, but not limited 
428.23 	to, a requirement that the child undergo a chemical use assessment as provided in section 
428.24 	260C.157, subdivision 1.
428.25 	(c) If the court determines there is reason to believe that the child would endanger self 
428.26 	or others or not return for a court hearing, or that the child's health or welfare would be 
428.27 	immediately endangered if returned to the care of the parent or guardian who has custody 
428.28 	and from whom the child was removed, the court shall order the child into foster care as 
428.29 	defined in section 260C.007, subdivision 18, under the legal responsibility of the responsible 
428.30 	social services agency or responsible probation or corrections agency for the purposes of 
428.31 	protective care as that term is used in the juvenile court rules or into the home of a 
428.32 	noncustodial parent and order the noncustodial parent to comply with any conditions the 
428.33 	court determines to be appropriate to the safety and care of the child, including cooperating 
428.34 	with paternity establishment proceedings in the case of a man who has not been adjudicated 
429.1 	the child's father. The court shall not give the responsible social services legal custody and 
429.2 	order a trial home visit at any time prior to adjudication and disposition under section 
429.3 	260C.201, subdivision 1, paragraph (a), clause (3), but may order the child returned to the 
429.4 	care of the parent or guardian who has custody and from whom the child was removed and 
429.5 	order the parent or guardian to comply with any conditions the court determines to be 
429.6 	appropriate to meet the safety, health, and welfare of the child.
429.7 	(d) In determining whether the child's health or welfare would be immediately 
429.8 	endangered, the court shall consider whether the child would reside with a perpetrator of 
429.9 	domestic child abuse.
429.10 	(e) The court, before determining whether a child should be placed in or continue in 
429.11 	foster care under the protective care of the responsible agency, shall also make a 
429.12 	determination, consistent with section 260.012 as to whether reasonable efforts were made 
429.13 	to prevent placement or whether reasonable efforts to prevent placement are not required. 
429.14 	In the case of an Indian child, the court shall determine whether active efforts, according 
429.15 	to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25, 
429.16 	section 1912(d), were made to prevent placement. The court shall enter a finding that the 
429.17 	responsible social services agency has made reasonable efforts to prevent placement when 
429.18 	the agency establishes either:
429.19 	(1) that it has actually provided services or made efforts in an attempt to prevent the 
429.20 	child's removal but that such services or efforts have not proven sufficient to permit the 
429.21 	child to safely remain in the home; or
429.22 	(2) that there are no services or other efforts that could be made at the time of the hearing 
429.23 	that could safely permit the child to remain home or to return home. When reasonable efforts 
429.24 	to prevent placement are required and there are services or other efforts that could be ordered 
429.25 	which would permit the child to safely return home, the court shall order the child returned 
429.26 	to the care of the parent or guardian and the services or efforts put in place to ensure the 
429.27 	child's safety. When the court makes a prima facie determination that one of the 
429.28 	circumstances under paragraph (g) exists, the court shall determine that reasonable efforts 
429.29 	to prevent placement and to return the child to the care of the parent or guardian are not 
429.30 	required.
429.31 	If the court finds the social services agency's preventive or reunification efforts have 
429.32 	not been reasonable but further preventive or reunification efforts could not permit the child 
429.33 	to safely remain at home, the court may nevertheless authorize or continue the removal of 
429.34 	the child.
430.1 	(f) The court may not order or continue the foster care placement of the child unless the 
430.2 	court makes explicit, individualized findings that continued custody of the child by the 
430.3 	parent or guardian would be contrary to the welfare of the child and that placement is in the 
430.4 	best interest of the child.
430.5 	(g) At the emergency removal hearing, or at any time during the course of the proceeding, 
430.6 	and upon notice and request of the county attorney, the court shall determine whether a 
430.7 	petition has been filed stating a prima facie case that:
430.8 	(1) the parent has subjected a child to egregious harm as defined in section 260C.007, 
430.9 	subdivision 14;
430.10 	(2) the parental rights of the parent to another child have been involuntarily terminated;
430.11 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph 
430.12 	(a), clause (2);
430.13 	(4) the parents' custodial rights to another child have been involuntarily transferred to a 
430.14 	relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e), 
430.15 	clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;
430.16 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2
430.17 	260E.03, against the child or another child of the parent;
430.18 	(6) the parent has committed an offense that requires registration as a predatory offender 
430.19 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
430.20 	(7) the provision of services or further services for the purpose of reunification is futile 
430.21 	and therefore unreasonable.
430.22 	(h) When a petition to terminate parental rights is required under section 260C.301, 
430.23 	subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to 
430.24 	proceed with a termination of parental rights petition, and has instead filed a petition to 
430.25 	transfer permanent legal and physical custody to a relative under section 260C.507, the 
430.26 	court shall schedule a permanency hearing within 30 days of the filing of the petition.
430.27 	(i) If the county attorney has filed a petition under section 260C.307, the court shall 
430.28 	schedule a trial under section 260C.163 within 90 days of the filing of the petition except 
430.29 	when the county attorney determines that the criminal case shall proceed to trial first under 
430.30 	section 260C.503, subdivision 2, paragraph (c).
430.31 	(j) If the court determines the child should be ordered into foster care and the child's 
430.32 	parent refuses to give information to the responsible social services agency regarding the 
431.1 	child's father or relatives of the child, the court may order the parent to disclose the names, 
431.2 	addresses, telephone numbers, and other identifying information to the responsible social 
431.3 	services agency for the purpose of complying with sections 260C.151, 260C.212, 260C.215, 
431.4 	and 260C.221.
431.5 	(k) If a child ordered into foster care has siblings, whether full, half, or step, who are 
431.6 	also ordered into foster care, the court shall inquire of the responsible social services agency 
431.7 	of the efforts to place the children together as required by section 260C.212, subdivision 2, 
431.8 	paragraph (d), if placement together is in each child's best interests, unless a child is in 
431.9 	placement for treatment or a child is placed with a previously noncustodial parent who is 
431.10 	not a parent to all siblings. If the children are not placed together at the time of the hearing, 
431.11 	the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place 
431.12 	the siblings together, as required under section 260.012. If any sibling is not placed with 
431.13 	another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing 
431.14 	contact among the siblings as required under section 260C.212, subdivision 1, unless it is 
431.15 	contrary to the safety or well-being of any of the siblings to do so.
431.16 	(l) When the court has ordered the child into foster care or into the home of a noncustodial 
431.17 	parent, the court may order a chemical dependency evaluation, mental health evaluation, 
431.18 	medical examination, and parenting assessment for the parent as necessary to support the 
431.19 	development of a plan for reunification required under subdivision 7 and section 260C.212, 
431.20 	subdivision 1, or the child protective services plan under section 626.556, subdivision 10
431.21 	260E.26, and Minnesota Rules, part 9560.0228.

431.22 	Sec. 122. Minnesota Statutes 2019 Supplement, section 260C.201, subdivision 6, is 
431.23 	amended to read:
431.24 		Subd. 6.Case plan. (a) For each disposition ordered where the child is placed away 
431.25 	from a parent or guardian, the court shall order the responsible social services agency to 
431.26 	prepare a written out-of-home placement plan according to the requirements of section 
431.27 	260C.212, subdivision 1. When a foster child is colocated with a parent in a licensed 
431.28 	residential family-based substance use disorder treatment program under section 260C.190, 
431.29 	the case plan must specify the recommendation for the colocation before the child is colocated 
431.30 	with the parent.
431.31 	(b) In cases where the child is not placed out of the home or is ordered into the home of 
431.32 	a noncustodial parent, the responsible social services agency shall prepare a plan for delivery 
431.33 	of social services to the child and custodial parent under section 626.556, subdivision 10
431.34 	260E.26, or any other case plan required to meet the needs of the child. The plan shall be 
432.1 	designed to safely maintain the child in the home or to reunite the child with the custodial 
432.2 	parent.
432.3 	(c) The court may approve the case plan as presented or modify it after hearing from 
432.4 	the parties. Once the plan is approved, the court shall order all parties to comply with it. A 
432.5 	copy of the approved case plan shall be attached to the court's order and incorporated into 
432.6 	it by reference.
432.7 	(d) A party has a right to request a court review of the reasonableness of the case plan 
432.8 	upon a showing of a substantial change of circumstances.

432.9 	Sec. 123. Minnesota Statutes 2018, section 260C.209, subdivision 2, is amended to read:
432.10 		Subd. 2.General procedures. (a) When accessing information under subdivision 1, the 
432.11 	agency shall require the individual being assessed to provide sufficient information to ensure 
432.12 	an accurate assessment under this section, including:
432.13 	(1) the individual's first, middle, and last name and all other names by which the 
432.14 	individual has been known;
432.15 	(2) home address, zip code, city, county, and state of residence for the past five years;
432.16 	(3) sex;
432.17 	(4) date of birth; and
432.18 	(5) driver's license number or state identification number.
432.19 	(b) When notified by the responsible social services agency that it is accessing information 
432.20 	under subdivision 1, the Bureau of Criminal Apprehension, commissioners of health and 
432.21 	human services, law enforcement, and county agencies must provide the responsible social 
432.22 	services agency or county attorney with the following information on the individual being 
432.23 	assessed: criminal history data, local law enforcement data about the household, reports 
432.24 	about the maltreatment of adults substantiated under section 626.557, and reports of 
432.25 	maltreatment of minors substantiated under section 626.556 chapter 260E.

432.26 	Sec. 124. Minnesota Statutes 2018, section 260C.212, subdivision 12, is amended to read:
432.27 		Subd. 12.Fair hearing review. Any person whose claim for foster care payment pursuant 
432.28 	to the placement of a child resulting from a child protection assessment under section 626.556
432.29 	chapter 260E is denied or not acted upon with reasonable promptness may appeal the decision 
432.30 	under section 256.045, subdivision 3.

433.1 	Sec. 125. Minnesota Statutes 2018, section 260C.221, is amended to read:
433.2 	260C.221 RELATIVE SEARCH.
433.3 	(a) The responsible social services agency shall exercise due diligence to identify and 
433.4 	notify adult relatives prior to placement or within 30 days after the child's removal from the 
433.5 	parent. The county agency shall consider placement with a relative under this section without 
433.6 	delay and whenever the child must move from or be returned to foster care. The relative 
433.7 	search required by this section shall be comprehensive in scope. After a finding that the 
433.8 	agency has made reasonable efforts to conduct the relative search under this paragraph, the 
433.9 	agency has the continuing responsibility to appropriately involve relatives, who have 
433.10 	responded to the notice required under this paragraph, in planning for the child and to 
433.11 	continue to consider relatives according to the requirements of section 260C.212, subdivision 
433.12 	2. At any time during the course of juvenile protection proceedings, the court may order 
433.13 	the agency to reopen its search for relatives when it is in the child's best interest to do so.
433.14 	(b) The relative search required by this section shall include both maternal and paternal 
433.15 	adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians 
433.16 	of the child's siblings; and any other adult relatives suggested by the child's parents, subject 
433.17 	to the exceptions due to family violence in paragraph (c). The search shall also include 
433.18 	getting information from the child in an age-appropriate manner about who the child 
433.19 	considers to be family members and important friends with whom the child has resided or 
433.20 	had significant contact. The relative search required under this section must fulfill the 
433.21 	agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the 
433.22 	breakup of the Indian family under United States Code, title 25, section 1912(d), and to 
433.23 	meet placement preferences under United States Code, title 25, section 1915. The relatives 
433.24 	must be notified:
433.25 	(1) of the need for a foster home for the child, the option to become a placement resource 
433.26 	for the child, and the possibility of the need for a permanent placement for the child;
433.27 	(2) of their responsibility to keep the responsible social services agency and the court 
433.28 	informed of their current address in order to receive notice in the event that a permanent 
433.29 	placement is sought for the child and to receive notice of the permanency progress review 
433.30 	hearing under section 260C.204. A relative who fails to provide a current address to the 
433.31 	responsible social services agency and the court forfeits the right to receive notice of the 
433.32 	possibility of permanent placement and of the permanency progress review hearing under 
433.33 	section 260C.204. A decision by a relative not to be identified as a potential permanent 
433.34 	placement resource or participate in planning for the child at the beginning of the case shall 
434.1 	not affect whether the relative is considered for placement of the child with that relative 
434.2 	later;
434.3 	(3) that the relative may participate in the care and planning for the child, including that 
434.4 	the opportunity for such participation may be lost by failing to respond to the notice sent 
434.5 	under this subdivision. "Participate in the care and planning" includes, but is not limited to, 
434.6 	participation in case planning for the parent and child, identifying the strengths and needs 
434.7 	of the parent and child, supervising visits, providing respite and vacation visits for the child, 
434.8 	providing transportation to appointments, suggesting other relatives who might be able to 
434.9 	help support the case plan, and to the extent possible, helping to maintain the child's familiar 
434.10 	and regular activities and contact with friends and relatives;
434.11 	(4) of the family foster care licensing requirements, including how to complete an 
434.12 	application and how to request a variance from licensing standards that do not present a 
434.13 	safety or health risk to the child in the home under section 245A.04 and supports that are 
434.14 	available for relatives and children who reside in a family foster home; and
434.15 	(5) of the relatives' right to ask to be notified of any court proceedings regarding the 
434.16 	child, to attend the hearings, and of a relative's right or opportunity to be heard by the court 
434.17 	as required under section 260C.152, subdivision 5.
434.18 	(c) A responsible social services agency may disclose private data, as defined in sections
434.19 	section13.02 and 626.556 chapter 260E, to relatives of the child for the purpose of locating 
434.20 	and assessing a suitable placement and may use any reasonable means of identifying and 
434.21 	locating relatives including the Internet or other electronic means of conducting a search. 
434.22 	The agency shall disclose data that is necessary to facilitate possible placement with relatives 
434.23 	and to ensure that the relative is informed of the needs of the child so the relative can 
434.24 	participate in planning for the child and be supportive of services to the child and family. 
434.25 	If the child's parent refuses to give the responsible social services agency information 
434.26 	sufficient to identify the maternal and paternal relatives of the child, the agency shall ask 
434.27 	the juvenile court to order the parent to provide the necessary information. If a parent makes 
434.28 	an explicit request that a specific relative not be contacted or considered for placement due 
434.29 	to safety reasons including past family or domestic violence, the agency shall bring the 
434.30 	parent's request to the attention of the court to determine whether the parent's request is 
434.31 	consistent with the best interests of the child and the agency shall not contact the specific 
434.32 	relative when the juvenile court finds that contacting the specific relative would endanger 
434.33 	the parent, guardian, child, sibling, or any family member.
435.1 	(d) At a regularly scheduled hearing not later than three months after the child's placement 
435.2 	in foster care and as required in section 260C.202, the agency shall report to the court:
435.3 	(1) its efforts to identify maternal and paternal relatives of the child and to engage the 
435.4 	relatives in providing support for the child and family, and document that the relatives have 
435.5 	been provided the notice required under paragraph (a); and
435.6 	(2) its decision regarding placing the child with a relative as required under section 
435.7 	260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in 
435.8 	order to support family connections for the child, when placement with a relative is not 
435.9 	possible or appropriate.
435.10 	(e) Notwithstanding chapter 13, the agency shall disclose data about particular relatives 
435.11 	identified, searched for, and contacted for the purposes of the court's review of the agency's 
435.12 	due diligence.
435.13 	(f) When the court is satisfied that the agency has exercised due diligence to identify 
435.14 	relatives and provide the notice required in paragraph (a), the court may find that reasonable 
435.15 	efforts have been made to conduct a relative search to identify and provide notice to adult 
435.16 	relatives as required under section 260.012, paragraph (e), clause (3). If the court is not 
435.17 	satisfied that the agency has exercised due diligence to identify relatives and provide the 
435.18 	notice required in paragraph (a), the court may order the agency to continue its search and 
435.19 	notice efforts and to report back to the court.
435.20 	(g) When the placing agency determines that permanent placement proceedings are 
435.21 	necessary because there is a likelihood that the child will not return to a parent's care, the 
435.22 	agency must send the notice provided in paragraph (h), may ask the court to modify the 
435.23 	duty of the agency to send the notice required in paragraph (h), or may ask the court to 
435.24 	completely relieve the agency of the requirements of paragraph (h). The relative notification 
435.25 	requirements of paragraph (h) do not apply when the child is placed with an appropriate 
435.26 	relative or a foster home that has committed to adopting the child or taking permanent legal 
435.27 	and physical custody of the child and the agency approves of that foster home for permanent 
435.28 	placement of the child. The actions ordered by the court under this section must be consistent 
435.29 	with the best interests, safety, permanency, and welfare of the child.
435.30 	(h) Unless required under the Indian Child Welfare Act or relieved of this duty by the 
435.31 	court under paragraph (f), when the agency determines that it is necessary to prepare for 
435.32 	permanent placement determination proceedings, or in anticipation of filing a termination 
435.33 	of parental rights petition, the agency shall send notice to the relatives, any adult with whom 
435.34 	the child is currently residing, any adult with whom the child has resided for one year or 
436.1 	longer in the past, and any adults who have maintained a relationship or exercised visitation 
436.2 	with the child as identified in the agency case plan. The notice must state that a permanent 
436.3 	home is sought for the child and that the individuals receiving the notice may indicate to 
436.4 	the agency their interest in providing a permanent home. The notice must state that within 
436.5 	30 days of receipt of the notice an individual receiving the notice must indicate to the agency 
436.6 	the individual's interest in providing a permanent home for the child or that the individual 
436.7 	may lose the opportunity to be considered for a permanent placement.

436.8 	Sec. 126. Minnesota Statutes 2018, section 260C.503, subdivision 2, is amended to read:
436.9 		Subd. 2.Termination of parental rights. (a) The responsible social services agency 
436.10 	must ask the county attorney to immediately file a termination of parental rights petition 
436.11 	when:
436.12 	(1) the child has been subjected to egregious harm as defined in section 260C.007, 
436.13 	subdivision 14;
436.14 	(2) the child is determined to be the sibling of a child who was subjected to egregious 
436.15 	harm;
436.16 	(3) the child is an abandoned infant as defined in section 260C.301, subdivision 2, 
436.17 	paragraph (a), clause (2);
436.18 	(4) the child's parent has lost parental rights to another child through an order involuntarily 
436.19 	terminating the parent's rights;
436.20 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2
436.21 	260E.03, against the child or another child of the parent;
436.22 	(6) the parent has committed an offense that requires registration as a predatory offender 
436.23 	under section 243.166, subdivision 1b, paragraph (a) or (b); or
436.24 	(7) another child of the parent is the subject of an order involuntarily transferring 
436.25 	permanent legal and physical custody of the child to a relative under this chapter or a similar 
436.26 	law of another jurisdiction;
436.27 	The county attorney shall file a termination of parental rights petition unless the conditions 
436.28 	of paragraph (d) are met.
436.29 	(b) When the termination of parental rights petition is filed under this subdivision, the 
436.30 	responsible social services agency shall identify, recruit, and approve an adoptive family 
436.31 	for the child. If a termination of parental rights petition has been filed by another party, the 
436.32 	responsible social services agency shall be joined as a party to the petition.
437.1 	(c) If criminal charges have been filed against a parent arising out of the conduct alleged 
437.2 	to constitute egregious harm, the county attorney shall determine which matter should 
437.3 	proceed to trial first, consistent with the best interests of the child and subject to the 
437.4 	defendant's right to a speedy trial.
437.5 	(d) The requirement of paragraph (a) does not apply if the responsible social services 
437.6 	agency and the county attorney determine and file with the court:
437.7 	(1) a petition for transfer of permanent legal and physical custody to a relative under 
437.8 	sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption is 
437.9 	not in the child's best interests and that transfer of permanent legal and physical custody is 
437.10 	in the child's best interests; or
437.11 	(2) a petition under section 260C.141 alleging the child, and where appropriate, the 
437.12 	child's siblings, to be in need of protection or services accompanied by a case plan prepared 
437.13 	by the responsible social services agency documenting a compelling reason why filing a 
437.14 	termination of parental rights petition would not be in the best interests of the child.

437.15 	Sec. 127. Minnesota Statutes 2018, section 260D.01, is amended to read:
437.16 	260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
437.17 	(a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for 
437.18 	treatment" provisions of the Juvenile Court Act.
437.19 	(b) The juvenile court has original and exclusive jurisdiction over a child in voluntary 
437.20 	foster care for treatment upon the filing of a report or petition required under this chapter. 
437.21 	All obligations of the agency to a child and family in foster care contained in chapter 260C 
437.22 	not inconsistent with this chapter are also obligations of the agency with regard to a child 
437.23 	in foster care for treatment under this chapter.
437.24 	(c) This chapter shall be construed consistently with the mission of the children's mental 
437.25 	health service system as set out in section 245.487, subdivision 3, and the duties of an agency 
437.26 	under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016, 
437.27 	to meet the needs of a child with a developmental disability or related condition. This 
437.28 	chapter:
437.29 	(1) establishes voluntary foster care through a voluntary foster care agreement as the 
437.30 	means for an agency and a parent to provide needed treatment when the child must be in 
437.31 	foster care to receive necessary treatment for an emotional disturbance or developmental 
437.32 	disability or related condition;
438.1 	(2) establishes court review requirements for a child in voluntary foster care for treatment 
438.2 	due to emotional disturbance or developmental disability or a related condition;
438.3 	(3) establishes the ongoing responsibility of the parent as legal custodian to visit the 
438.4 	child, to plan together with the agency for the child's treatment needs, to be available and 
438.5 	accessible to the agency to make treatment decisions, and to obtain necessary medical, 
438.6 	dental, and other care for the child; and
438.7 	(4) applies to voluntary foster care when the child's parent and the agency agree that the 
438.8 	child's treatment needs require foster care either:
438.9 	(i) due to a level of care determination by the agency's screening team informed by the 
438.10 	diagnostic and functional assessment under section 245.4885; or
438.11 	(ii) due to a determination regarding the level of services needed by the responsible 
438.12 	social services' screening team under section 256B.092, and Minnesota Rules, parts 
438.13 	9525.0004 to 9525.0016.
438.14 	(d) This chapter does not apply when there is a current determination under section 
438.15 	626.556 chapter 260E that the child requires child protective services or when the child is 
438.16 	in foster care for any reason other than treatment for the child's emotional disturbance or 
438.17 	developmental disability or related condition. When there is a determination under section 
438.18 	626.556 chapter 260E that the child requires child protective services based on an assessment 
438.19 	that there are safety and risk issues for the child that have not been mitigated through the 
438.20 	parent's engagement in services or otherwise, or when the child is in foster care for any 
438.21 	reason other than the child's emotional disturbance or developmental disability or related 
438.22 	condition, the provisions of chapter 260C apply.
438.23 	(e) The paramount consideration in all proceedings concerning a child in voluntary foster 
438.24 	care for treatment is the safety, health, and the best interests of the child. The purpose of 
438.25 	this chapter is:
438.26 	(1) to ensure a child with a disability is provided the services necessary to treat or 
438.27 	ameliorate the symptoms of the child's disability;
438.28 	(2) to preserve and strengthen the child's family ties whenever possible and in the child's 
438.29 	best interests, approving the child's placement away from the child's parents only when the 
438.30 	child's need for care or treatment requires it and the child cannot be maintained in the home 
438.31 	of the parent; and
438.32 	(3) to ensure the child's parent retains legal custody of the child and associated 
438.33 	decision-making authority unless the child's parent willfully fails or is unable to make 
439.1 	decisions that meet the child's safety, health, and best interests. The court may not find that 
439.2 	the parent willfully fails or is unable to make decisions that meet the child's needs solely 
439.3 	because the parent disagrees with the agency's choice of foster care facility, unless the 
439.4 	agency files a petition under chapter 260C, and establishes by clear and convincing evidence 
439.5 	that the child is in need of protection or services.
439.6 	(f) The legal parent-child relationship shall be supported under this chapter by maintaining 
439.7 	the parent's legal authority and responsibility for ongoing planning for the child and by the 
439.8 	agency's assisting the parent, where necessary, to exercise the parent's ongoing right and 
439.9 	obligation to visit or to have reasonable contact with the child. Ongoing planning means:
439.10 	(1) actively participating in the planning and provision of educational services, medical, 
439.11 	and dental care for the child;
439.12 	(2) actively planning and participating with the agency and the foster care facility for 
439.13 	the child's treatment needs; and
439.14 	(3) planning to meet the child's need for safety, stability, and permanency, and the child's 
439.15 	need to stay connected to the child's family and community.
439.16 	(g) The provisions of section 260.012 to ensure placement prevention, family 
439.17 	reunification, and all active and reasonable effort requirements of that section apply. This 
439.18 	chapter shall be construed consistently with the requirements of the Indian Child Welfare 
439.19 	Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the 
439.20 	Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

439.21 	Sec. 128. Minnesota Statutes 2018, section 260D.02, subdivision 3, is amended to read:
439.22 		Subd. 3.Case plan. "Case plan" means any plan for the delivery of services to a child 
439.23 	and parent, or when reunification is not required, the child alone, that is developed according 
439.24 	to the requirements of sections 245.4871, subdivision 19 or 21; 245.492, subdivision 16; 
439.25 	256B.092; and260C.212, subdivision 1; 626.556, subdivision 10; and Minnesota Rules, 
439.26 	parts 9525.0004 to 9525.0016.

439.27 	Sec. 129. Minnesota Statutes 2018, section 260D.02, subdivision 5, is amended to read:
439.28 		Subd. 5.Child in voluntary foster care for treatment. "Child in voluntary foster care 
439.29 	for treatment" means a child who is emotionally disturbed or developmentally disabled or 
439.30 	has a related condition and is in foster care under a voluntary foster care agreement between 
439.31 	the child's parent and the agency due to concurrence between the agency and the parent 
439.32 	when it is determined that foster care is medically necessary:
440.1 	(1) due to a determination by the agency's screening team based on its review of the 
440.2 	diagnostic and functional assessment under section 245.4885; or
440.3 	(2) due to a determination by the agency's screening team under section 256B.092 and 
440.4 	Minnesota Rules, parts 9525.0004 to 9525.0016.
440.5 	A child is not in voluntary foster care for treatment under this chapter when there is a 
440.6 	current determination under section 626.556 chapter 260E that the child requires child 
440.7 	protective services or when the child is in foster care for any reason other than the child's 
440.8 	emotional or developmental disability or related condition.

440.9 	Sec. 130. Minnesota Statutes 2019 Supplement, section 299C.093, is amended to read:
440.10 	299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
440.11 	The superintendent of the Bureau of Criminal Apprehension shall maintain a 
440.12 	computerized data system relating to individuals required to register as predatory offenders 
440.13 	under section 243.166. To the degree feasible, the system must include the data required to 
440.14 	be provided under section 243.166, subdivisions 4, 4a, and 4b, and indicate the time period 
440.15 	that the person is required to register. The superintendent shall maintain this data in a manner 
440.16 	that ensures that it is readily available to law enforcement agencies. This data is private data 
440.17 	on individuals under section 13.02, subdivision 12, but may be used for law enforcement 
440.18 	and corrections purposes. Law enforcement or a corrections agent may disclose the status 
440.19 	of an individual as a predatory offender to a child protection worker with a local welfare 
440.20 	agency for purposes of doing a family assessment under section 626.556 chapter 260E. A 
440.21 	corrections agent may also disclose the status of an individual as a predatory offender to 
440.22 	comply with section 244.057. The commissioner of human services has access to the data 
440.23 	for state-operated services, as defined in section 246.014, for the purposes described in 
440.24 	section 246.13, subdivision 2, paragraph (b), and for purposes of conducting background 
440.25 	studies under chapter 245C.

440.26 	Sec. 131. Minnesota Statutes 2018, section 388.051, subdivision 2, is amended to read:
440.27 		Subd. 2.Special provisions. (a) In Anoka, Carver, Dakota, Hennepin, Scott, and 
440.28 	Washington Counties, only the county attorney shall prosecute gross misdemeanor violations 
440.29 	of sections 289A.63, subdivisions 1, 2, 4, and 6; 297B.10; 609.255, subdivision 3; 609.377; 
440.30 	609.378; 609.41; and 617.247.
440.31 	(b) In Ramsey County, only the county attorney shall prosecute gross misdemeanor 
440.32 	violations of sections 609.255, subdivision 3; 609.377; and 609.378.
441.1 	(c) The county attorney shall prosecute failure to report physical or sexual child abuse 
441.2 	or neglect as provided under section 626.556, subdivision 6, 260E.08, paragraphs (a), (b), 
441.3 	and (c), violations of fifth-degree criminal sexual conduct under section 609.3451, and 
441.4 	environmental law violations under sections 115.071, 299F.098, and 609.671.
441.5 	(d) Except in Hennepin and Ramsey Counties, only the county attorney shall prosecute 
441.6 	gross misdemeanor violations of section 152.025.

441.7 	Sec. 132. Minnesota Statutes 2018, section 518.165, subdivision 2, is amended to read:
441.8 		Subd. 2.Required appointment of guardian ad litem. In all proceedings for child 
441.9 	custody or for marriage dissolution or legal separation in which custody or parenting time 
441.10 	with a minor child is an issue, if the court has reason to believe that the minor child is a 
441.11 	victim of domestic child abuse or neglect, as those terms are defined in sections section
441.12 	260C.007 and 626.556 chapter 260E, respectively, the court shall appoint a guardian ad 
441.13 	litem. The guardian ad litem shall represent the interests of the child and advise the court 
441.14 	with respect to custody and parenting time. If the child is represented by a guardian ad litem 
441.15 	in any other pending proceeding, the court may appoint that guardian to represent the child 
441.16 	in the custody or parenting time proceeding. No guardian ad litem need be appointed if the 
441.17 	alleged domestic child abuse or neglect is before the court on a juvenile dependency and 
441.18 	neglect petition. Nothing in this subdivision requires the court to appoint a guardian ad litem 
441.19 	in any proceeding for child custody, marriage dissolution, or legal separation in which an 
441.20 	allegation of domestic child abuse or neglect has not been made.

441.21 	Sec. 133. Minnesota Statutes 2018, section 518.165, subdivision 5, is amended to read:
441.22 		Subd. 5.Procedure, criminal history, and maltreatment records background 
441.23 	study. (a) When the court requests a background study under subdivision 4, paragraph (a), 
441.24 	the request shall be submitted to the Department of Human Services through the department's 
441.25 	electronic online background study system.
441.26 	(b) When the court requests a search of the National Criminal Records Repository, the 
441.27 	court must provide a set of classifiable fingerprints of the subject of the study on a fingerprint 
441.28 	card provided by the commissioner of human services.
441.29 	(c) The commissioner of human services shall provide the court with criminal history 
441.30 	data as defined in section 13.87 from the Bureau of Criminal Apprehension in the Department 
441.31 	of Public Safety, other criminal history data held by the commissioner of human services, 
441.32 	and data regarding substantiated maltreatment of a minor under section 626.556 chapter 
441.33 	260E, and substantiated maltreatment of a vulnerable adult under section 626.557, within 
442.1 	15 working days of receipt of a request. If the subject of the study has been determined by 
442.2 	the Department of Human Services or the Department of Health to be the perpetrator of 
442.3 	substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the response 
442.4 	must include a copy of the public portion of the investigation memorandum under section 
442.5 	626.556, subdivision 10f 260E.30, or the public portion of the investigation memorandum 
442.6 	under section 626.557, subdivision 12b. When the background study shows that the subject 
442.7 	has been determined by a county adult protection or child protection agency to have been 
442.8 	responsible for maltreatment, the court shall be informed of the county, the date of the 
442.9 	finding, and the nature of the maltreatment that was substantiated. The commissioner shall 
442.10 	provide the court with information from the National Criminal Records Repository within 
442.11 	three working days of the commissioner's receipt of the data. When the commissioner finds 
442.12 	no criminal history or substantiated maltreatment on a background study subject, the 
442.13 	commissioner shall make these results available to the court electronically through the 
442.14 	secure online background study system.
442.15 	(d) Notwithstanding section 626.556, subdivision 10f, 260E.30 or 626.557, subdivision 
442.16 	12b, if the commissioner or county lead agency or lead investigative agency has information 
442.17 	that a person on whom a background study was previously done under this section has been 
442.18 	determined to be a perpetrator of maltreatment of a minor or vulnerable adult, the 
442.19 	commissioner or the county may provide this information to the court that requested the 
442.20 	background study.

442.21 	Sec. 134. Minnesota Statutes 2018, section 524.5-118, subdivision 2, is amended to read:
442.22 		Subd. 2.Procedure; criminal history and maltreatment records background 
442.23 	check. (a) The court shall request the commissioner of human services to complete a 
442.24 	background study under section 245C.32. The request must be accompanied by the applicable 
442.25 	fee and the signed consent of the subject of the study authorizing the release of the data 
442.26 	obtained to the court. If the court is requesting a search of the National Criminal Records 
442.27 	Repository, the request must be accompanied by a set of classifiable fingerprints of the 
442.28 	subject of the study. The fingerprints must be recorded on a fingerprint card provided by 
442.29 	the commissioner of human services.
442.30 	(b) The commissioner of human services shall provide the court with criminal history 
442.31 	data as defined in section 13.87 from the Bureau of Criminal Apprehension in the Department 
442.32 	of Public Safety, other criminal history data held by the commissioner of human services, 
442.33 	and data regarding substantiated maltreatment of vulnerable adults under section 626.557 
442.34 	and substantiated maltreatment of minors under section 626.556 chapter 260E within 15 
443.1 	working days of receipt of a request. If the subject of the study has been the perpetrator of 
443.2 	substantiated maltreatment of a vulnerable adult or minor, the response must include a copy 
443.3 	of the public portion of the investigation memorandum under section 626.557, subdivision 
443.4 	12b, or the public portion of the investigation memorandum under section 626.556, 
443.5 	subdivision 10f 260E.30. If the court did not request a search of the National Criminal 
443.6 	Records Repository and information from the Bureau of Criminal Apprehension indicates 
443.7 	that the subject is a multistate offender or that multistate offender status is undetermined, 
443.8 	the response must include this information. The commissioner shall provide the court with 
443.9 	information from the National Criminal Records Repository within three working days of 
443.10 	the commissioner's receipt of the data.
443.11 	(c) Notwithstanding section 260E.30 or626.557, subdivision 12b, or 626.556, subdivision 
443.12 	10f, if the commissioner of human services or a county lead agency or lead investigative 
443.13 	agency has information that a person on whom a background study was previously done 
443.14 	under this section has been determined to be a perpetrator of maltreatment of a vulnerable 
443.15 	adult or minor, the commissioner or the county may provide this information to the court 
443.16 	that requested the background study. The commissioner may also provide the court with 
443.17 	additional criminal history or substantiated maltreatment information that becomes available 
443.18 	after the background study is done.

443.19 	Sec. 135. Minnesota Statutes 2018, section 595.02, subdivision 1, is amended to read:
443.20 		Subdivision 1.Competency of witnesses. Every person of sufficient understanding, 
443.21 	including a party, may testify in any action or proceeding, civil or criminal, in court or 
443.22 	before any person who has authority to receive evidence, except as provided in this 
443.23 	subdivision:
443.24 	(a) A husband cannot be examined for or against his wife without her consent, nor a 
443.25 	wife for or against her husband without his consent, nor can either, during the marriage or 
443.26 	afterwards, without the consent of the other, be examined as to any communication made 
443.27 	by one to the other during the marriage. This exception does not apply to a civil action or 
443.28 	proceeding by one against the other, nor to a criminal action or proceeding for a crime 
443.29 	committed by one against the other or against a child of either or against a child under the 
443.30 	care of either spouse, nor to a criminal action or proceeding in which one is charged with 
443.31 	homicide or an attempt to commit homicide and the date of the marriage of the defendant 
443.32 	is subsequent to the date of the offense, nor to an action or proceeding for nonsupport, 
443.33 	neglect, dependency, or termination of parental rights.
444.1 	(b) An attorney cannot, without the consent of the attorney's client, be examined as to 
444.2 	any communication made by the client to the attorney or the attorney's advice given thereon 
444.3 	in the course of professional duty; nor can any employee of the attorney be examined as to 
444.4 	the communication or advice, without the client's consent.
444.5 	(c) A member of the clergy or other minister of any religion shall not, without the consent 
444.6 	of the party making the confession, be allowed to disclose a confession made to the member 
444.7 	of the clergy or other minister in a professional character, in the course of discipline enjoined 
444.8 	by the rules or practice of the religious body to which the member of the clergy or other 
444.9 	minister belongs; nor shall a member of the clergy or other minister of any religion be 
444.10 	examined as to any communication made to the member of the clergy or other minister by 
444.11 	any person seeking religious or spiritual advice, aid, or comfort or advice given thereon in 
444.12 	the course of the member of the clergy's or other minister's professional character, without 
444.13 	the consent of the person.
444.14 	(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the consent 
444.15 	of the patient, be allowed to disclose any information or any opinion based thereon which 
444.16 	the professional acquired in attending the patient in a professional capacity, and which was 
444.17 	necessary to enable the professional to act in that capacity; after the decease of the patient, 
444.18 	in an action to recover insurance benefits, where the insurance has been in existence two 
444.19 	years or more, the beneficiaries shall be deemed to be the personal representatives of the 
444.20 	deceased person for the purpose of waiving this privilege, and no oral or written waiver of 
444.21 	the privilege shall have any binding force or effect except when made upon the trial or 
444.22 	examination where the evidence is offered or received.
444.23 	(e) A public officer shall not be allowed to disclose communications made to the officer 
444.24 	in official confidence when the public interest would suffer by the disclosure.
444.25 	(f) Persons of unsound mind and persons intoxicated at the time of their production for 
444.26 	examination are not competent witnesses if they lack capacity to remember or to relate 
444.27 	truthfully facts respecting which they are examined.
444.28 	(g) A registered nurse, psychologist, consulting psychologist, or licensed social worker 
444.29 	engaged in a psychological or social assessment or treatment of an individual at the 
444.30 	individual's request shall not, without the consent of the professional's client, be allowed to 
444.31 	disclose any information or opinion based thereon which the professional has acquired in 
444.32 	attending the client in a professional capacity, and which was necessary to enable the 
444.33 	professional to act in that capacity. Nothing in this clause exempts licensed social workers 
445.1 	from compliance with the provisions of sections 626.556 and section626.557 and chapter 
445.2 	260E.
445.3 	(h) An interpreter for a person disabled in communication shall not, without the consent 
445.4 	of the person, be allowed to disclose any communication if the communication would, if 
445.5 	the interpreter were not present, be privileged. For purposes of this section, a "person disabled 
445.6 	in communication" means a person who, because of a hearing, speech or other communication 
445.7 	disorder, or because of the inability to speak or comprehend the English language, is unable 
445.8 	to understand the proceedings in which the person is required to participate. The presence 
445.9 	of an interpreter as an aid to communication does not destroy an otherwise existing privilege.
445.10 	(i) Licensed chemical dependency counselors shall not disclose information or an opinion 
445.11 	based on the information which they acquire from persons consulting them in their 
445.12 	professional capacities, and which was necessary to enable them to act in that capacity, 
445.13 	except that they may do so:
445.14 	(1) when informed consent has been obtained in writing, except in those circumstances 
445.15 	in which not to do so would violate the law or would result in clear and imminent danger 
445.16 	to the client or others;
445.17 	(2) when the communications reveal the contemplation or ongoing commission of a 
445.18 	crime; or
445.19 	(3) when the consulting person waives the privilege by bringing suit or filing charges 
445.20 	against the licensed professional whom that person consulted.
445.21 	(j) A parent or the parent's minor child may not be examined as to any communication 
445.22 	made in confidence by the minor to the minor's parent. A communication is confidential if 
445.23 	made out of the presence of persons not members of the child's immediate family living in 
445.24 	the same household. This exception may be waived by express consent to disclosure by a 
445.25 	parent entitled to claim the privilege or by the child who made the communication or by 
445.26 	failure of the child or parent to object when the contents of a communication are demanded. 
445.27 	This exception does not apply to a civil action or proceeding by one spouse against the other 
445.28 	or by a parent or child against the other, nor to a proceeding to commit either the child or 
445.29 	parent to whom the communication was made or to place the person or property or either 
445.30 	under the control of another because of an alleged mental or physical condition, nor to a 
445.31 	criminal action or proceeding in which the parent is charged with a crime committed against 
445.32 	the person or property of the communicating child, the parent's spouse, or a child of either 
445.33 	the parent or the parent's spouse, or in which a child is charged with a crime or act of 
445.34 	delinquency committed against the person or property of a parent or a child of a parent, nor 
446.1 	to an action or proceeding for termination of parental rights, nor any other action or 
446.2 	proceeding on a petition alleging child abuse, child neglect, abandonment or nonsupport 
446.3 	by a parent.
446.4 	(k) Sexual assault counselors may not be allowed to disclose any opinion or information 
446.5 	received from or about the victim without the consent of the victim. However, a counselor 
446.6 	may be compelled to identify or disclose information in investigations or proceedings related 
446.7 	to neglect or termination of parental rights if the court determines good cause exists. In 
446.8 	determining whether to compel disclosure, the court shall weigh the public interest and need 
446.9 	for disclosure against the effect on the victim, the treatment relationship, and the treatment 
446.10 	services if disclosure occurs. Nothing in this clause exempts sexual assault counselors from 
446.11 	compliance with the provisions of sections 626.556 and section626.557 and chapter 260E.
446.12 	"Sexual assault counselor" for the purpose of this section means a person who has 
446.13 	undergone at least 40 hours of crisis counseling training and works under the direction of 
446.14 	a supervisor in a crisis center, whose primary purpose is to render advice, counseling, or 
446.15 	assistance to victims of sexual assault.
446.16 	(l) A domestic abuse advocate may not be compelled to disclose any opinion or 
446.17 	information received from or about the victim without the consent of the victim unless 
446.18 	ordered by the court. In determining whether to compel disclosure, the court shall weigh 
446.19 	the public interest and need for disclosure against the effect on the victim, the relationship 
446.20 	between the victim and domestic abuse advocate, and the services if disclosure occurs. 
446.21 	Nothing in this paragraph exempts domestic abuse advocates from compliance with the 
446.22 	provisions of sections 626.556 and section626.557 and chapter 260E.
446.23 	For the purposes of this section, "domestic abuse advocate" means an employee or 
446.24 	supervised volunteer from a community-based battered women's shelter and domestic abuse 
446.25 	program eligible to receive grants under section 611A.32; that provides information, 
446.26 	advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse 
446.27 	and who is not employed by or under the direct supervision of a law enforcement agency, 
446.28 	a prosecutor's office, or by a city, county, or state agency.
446.29 	(m) A person cannot be examined as to any communication or document, including 
446.30 	work notes, made or used in the course of or because of mediation pursuant to an agreement 
446.31 	to mediate or a collaborative law process pursuant to an agreement to participate in 
446.32 	collaborative law. This does not apply to the parties in the dispute in an application to a 
446.33 	court by a party to have a mediated settlement agreement or a stipulated agreement resulting 
446.34 	from the collaborative law process set aside or reformed. A communication or document 
447.1 	otherwise not privileged does not become privileged because of this paragraph. This 
447.2 	paragraph is not intended to limit the privilege accorded to communication during mediation 
447.3 	or collaborative law by the common law.
447.4 	(n) A child under ten years of age is a competent witness unless the court finds that the 
447.5 	child lacks the capacity to remember or to relate truthfully facts respecting which the child 
447.6 	is examined. A child describing any act or event may use language appropriate for a child 
447.7 	of that age.
447.8 	(o) A communication assistant for a telecommunications relay system for persons who 
447.9 	have communication disabilities shall not, without the consent of the person making the 
447.10 	communication, be allowed to disclose communications made to the communication assistant 
447.11 	for the purpose of relaying.

447.12 	Sec. 136. Minnesota Statutes 2018, section 595.02, subdivision 2, is amended to read:
447.13 		Subd. 2.Exceptions. (a) The exception provided by paragraphs (d) and (g) of subdivision 
447.14 	1 shall not apply to any testimony, records, or other evidence relating to the abuse or neglect 
447.15 	of a minor in any proceeding under chapter 260 or any proceeding under section 245A.08, 
447.16 	to revoke a day care or foster care license, arising out of the neglect or physical or sexual 
447.17 	abuse of a minor, as defined in section 626.556, subdivision 2 260E.03.
447.18 	(b) The exception provided by paragraphs (d) and (g) of subdivision 1 shall not apply 
447.19 	to criminal proceedings arising out of the neglect or physical or sexual abuse of a minor, 
447.20 	as defined in section 626.556, subdivision 2 260E.03, if the court finds that:
447.21 	(1) there is a reasonable likelihood that the records in question will disclose material 
447.22 	information or evidence of substantial value in connection with the investigation or 
447.23 	prosecution; and
447.24 	(2) there is no other practicable way of obtaining the information or evidence. This 
447.25 	clause shall not be construed to prohibit disclosure of the patient record when it supports 
447.26 	the otherwise uncorroborated statements of any material fact by a minor alleged to have 
447.27 	been abused or neglected by the patient; and
447.28 	(3) the actual or potential injury to the patient-health professional relationship in the 
447.29 	treatment program affected, and the actual or potential harm to the ability of the program 
447.30 	to attract and retain patients, is outweighed by the public interest in authorizing the disclosure 
447.31 	sought.
447.32 	No records may be disclosed under this paragraph other than the records of the specific 
447.33 	patient suspected of the neglect or abuse of a minor. Disclosure and dissemination of any 
448.1 	information from a patient record shall be limited under the terms of the order to assure that 
448.2 	no information will be disclosed unnecessarily and that dissemination will be no wider than 
448.3 	necessary for purposes of the investigation or prosecution.

448.4 	Sec. 137. Minnesota Statutes 2018, section 609.26, subdivision 7, is amended to read:
448.5 		Subd. 7.Reporting of deprivation of parental rights. Any violation of this section 
448.6 	shall be reported pursuant to section 626.556, subdivision 3a 260E.11, subdivision 2.

448.7 	Sec. 138. Minnesota Statutes 2018, section 609.3457, subdivision 2, is amended to read:
448.8 		Subd. 2.Access to data. Notwithstanding sections 13.384, 13.85, 144.291 to 144.298, 
448.9 	260B.171, or260C.171, or 626.556 chapter 260E, the assessor has access to the following 
448.10 	private or confidential data on the person if access is relevant and necessary for the 
448.11 	assessment:
448.12 	(1) medical data under section 13.384;
448.13 	(2) corrections and detention data under section 13.85;
448.14 	(3) health records under sections 144.291 to 144.298;
448.15 	(4) juvenile court records under sections 260B.171 and 260C.171; and
448.16 	(5) local welfare agency records under section 626.556 chapter 260E.
448.17 	Data disclosed under this section may be used only for purposes of the assessment and 
448.18 	may not be further disclosed to any other person, except as authorized by law.

448.19 	Sec. 139. Minnesota Statutes 2018, section 609.379, subdivision 2, is amended to read:
448.20 		Subd. 2.Applicability. This section applies to sections 260B.425, 260C.425, 609.255, 
448.21 	609.376, and609.378, and 626.556 and chapter 260E.

448.22 	Sec. 140. Minnesota Statutes 2018, section 609.507, is amended to read:
448.23 	609.507 FALSELY REPORTING CHILD ABUSE.
448.24 	A person is guilty of a misdemeanor who:
448.25 	(1) informs another person that a person has committed sexual abuse, physical abuse, 
448.26 	or neglect of a child, as defined in section 626.556, subdivision 2 260E.03;
448.27 	(2) knows that the allegation is false or is without reason to believe that the alleged 
448.28 	abuser committed the abuse or neglect; and
449.1 	(3) has the intent that the information influence a child custody hearing.

449.2 	Sec. 141. Minnesota Statutes 2018, section 609.7495, subdivision 1, is amended to read:
449.3 		Subdivision 1.Definitions. For the purposes of this section, the following terms have 
449.4 	the meanings given them.
449.5 	(a) "Facility" means any of the following:
449.6 	(1) a hospital or other health institution licensed under sections 144.50 to 144.56;
449.7 	(2) a medical facility as defined in section 144.561;
449.8 	(3) an agency, clinic, or office operated under the direction of or under contract with the 
449.9 	commissioner of health or a community health board, as defined in section 145A.02;
449.10 	(4) a facility providing counseling regarding options for medical services or recovery 
449.11 	from an addiction;
449.12 	(5) a facility providing emergency shelter services for battered women, as defined in 
449.13 	section 611A.31, subdivision 3, or a facility providing transitional housing for battered 
449.14 	women and their children;
449.15 	(6) a facility as defined in section 626.556, subdivision 2, paragraph (c) 260E.03, 
449.16 	subdivision 6;
449.17 	(7) a facility as defined in section 626.5572, subdivision 6, where the services described 
449.18 	in that paragraph are provided;
449.19 	(8) a place to or from which ambulance service, as defined in section 144E.001, is 
449.20 	provided or sought to be provided; and
449.21 	(9) a hospice provider licensed under section 144A.753.
449.22 	(b) "Aggrieved party" means a person whose access to or egress from a facility is 
449.23 	obstructed in violation of subdivision 2, or the facility.

449.24 	Sec. 142. Minnesota Statutes 2018, section 611A.203, subdivision 4, is amended to read:
449.25 		Subd. 4.Duties; access to data. (a) The domestic fatality review team shall collect, 
449.26 	review, and analyze death certificates and death data, including investigative reports, medical 
449.27 	and counseling records, victim service records, employment records, child abuse reports, 
449.28 	or other information concerning domestic violence deaths, survivor interviews and surveys, 
449.29 	and other information deemed by the team as necessary and appropriate concerning the 
449.30 	causes and manner of domestic violence deaths.
450.1 	(b) The review team has access to the following not public data, as defined in section 
450.2 	13.02, subdivision 8a, relating to a case being reviewed by the team: inactive law enforcement 
450.3 	investigative data under section 13.82; autopsy records and coroner or medical examiner 
450.4 	investigative data under section 13.83; hospital, public health, or other medical records of 
450.5 	the victim under section 13.384; records under section 13.46, created by social service 
450.6 	agencies that provided services to the victim, the alleged perpetrator, or another victim who 
450.7 	experienced or was threatened with domestic abuse by the perpetrator; and child maltreatment 
450.8 	records under section 626.556 chapter 260E, relating to the victim or a family or household 
450.9 	member of the victim. Access to medical records under this paragraph also includes records 
450.10 	governed by sections 144.291 to 144.298. The review team has access to corrections and 
450.11 	detention data as provided in section 13.85.
450.12 	(c) As part of any review, the domestic fatality review team may compel the production 
450.13 	of other records by applying to the district court for a subpoena, which will be effective 
450.14 	throughout the state according to the Rules of Civil Procedure.

450.15 	Sec. 143. Minnesota Statutes 2018, section 611A.90, subdivision 1, is amended to read:
450.16 		Subdivision 1.Definition. For purposes of this section, "physical abuse" and "sexual 
450.17 	abuse" have the meanings given in section 626.556, subdivision 2 260E.03, except that 
450.18 	abuse is not limited to acts by a person responsible for the child's care or in a significant 
450.19 	relationship with the child or position of authority.

450.20 	Sec. 144. Minnesota Statutes 2018, section 626.557, subdivision 9d, is amended to read:
450.21 		Subd. 9d.Administrative reconsideration; review panel. (a) Except as provided under 
450.22 	paragraph (e), any individual or facility which a lead investigative agency determines has 
450.23 	maltreated a vulnerable adult, or the vulnerable adult or an interested person acting on behalf 
450.24 	of the vulnerable adult, regardless of the lead investigative agency's determination, who 
450.25 	contests the lead investigative agency's final disposition of an allegation of maltreatment, 
450.26 	may request the lead investigative agency to reconsider its final disposition. The request 
450.27 	for reconsideration must be submitted in writing to the lead investigative agency within 15 
450.28 	calendar days after receipt of notice of final disposition or, if the request is made by an 
450.29 	interested person who is not entitled to notice, within 15 days after receipt of the notice by 
450.30 	the vulnerable adult or the vulnerable adult's guardian or health care agent. If mailed, the 
450.31 	request for reconsideration must be postmarked and sent to the lead investigative agency 
450.32 	within 15 calendar days of the individual's or facility's receipt of the final disposition. If the 
450.33 	request for reconsideration is made by personal service, it must be received by the lead 
451.1 	investigative agency within 15 calendar days of the individual's or facility's receipt of the 
451.2 	final disposition. An individual who was determined to have maltreated a vulnerable adult 
451.3 	under this section and who was disqualified on the basis of serious or recurring maltreatment 
451.4 	under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment 
451.5 	determination and the disqualification. The request for reconsideration of the maltreatment 
451.6 	determination and the disqualification must be submitted in writing within 30 calendar days 
451.7 	of the individual's receipt of the notice of disqualification under sections 245C.16 and 
451.8 	245C.17. If mailed, the request for reconsideration of the maltreatment determination and 
451.9 	the disqualification must be postmarked and sent to the lead investigative agency within 30 
451.10 	calendar days of the individual's receipt of the notice of disqualification. If the request for 
451.11 	reconsideration is made by personal service, it must be received by the lead investigative 
451.12 	agency within 30 calendar days after the individual's receipt of the notice of disqualification.
451.13 	(b) Except as provided under paragraphs (e) and (f), if the lead investigative agency 
451.14 	denies the request or fails to act upon the request within 15 working days after receiving 
451.15 	the request for reconsideration, the person or facility entitled to a fair hearing under section 
451.16 	256.045, may submit to the commissioner of human services a written request for a hearing 
451.17 	under that statute. The vulnerable adult, or an interested person acting on behalf of the 
451.18 	vulnerable adult, may request a review by the Vulnerable Adult Maltreatment Review Panel 
451.19 	under section 256.021 if the lead investigative agency denies the request or fails to act upon 
451.20 	the request, or if the vulnerable adult or interested person contests a reconsidered disposition. 
451.21 	The lead investigative agency shall notify persons who request reconsideration of their 
451.22 	rights under this paragraph. The request must be submitted in writing to the review panel 
451.23 	and a copy sent to the lead investigative agency within 30 calendar days of receipt of notice 
451.24 	of a denial of a request for reconsideration or of a reconsidered disposition. The request 
451.25 	must specifically identify the aspects of the lead investigative agency determination with 
451.26 	which the person is dissatisfied.
451.27 	(c) If, as a result of a reconsideration or review, the lead investigative agency changes 
451.28 	the final disposition, it shall notify the parties specified in subdivision 9c, paragraph (f).
451.29 	(d) For purposes of this subdivision, "interested person acting on behalf of the vulnerable 
451.30 	adult" means a person designated in writing by the vulnerable adult to act on behalf of the 
451.31 	vulnerable adult, or a legal guardian or conservator or other legal representative, a proxy 
451.32 	or health care agent appointed under chapter 145B or 145C, or an individual who is related 
451.33 	to the vulnerable adult, as defined in section 245A.02, subdivision 13.
451.34 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis 
451.35 	of a determination of maltreatment, which was serious or recurring, and the individual has 
452.1 	requested reconsideration of the maltreatment determination under paragraph (a) and 
452.2 	reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration 
452.3 	of the maltreatment determination and requested reconsideration of the disqualification 
452.4 	shall be consolidated into a single reconsideration. If reconsideration of the maltreatment 
452.5 	determination is denied and the individual remains disqualified following a reconsideration 
452.6 	decision, the individual may request a fair hearing under section 256.045. If an individual 
452.7 	requests a fair hearing on the maltreatment determination and the disqualification, the scope 
452.8 	of the fair hearing shall include both the maltreatment determination and the disqualification.
452.9 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
452.10 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
452.11 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
452.12 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
452.13 	under section 245A.08, the scope of the contested case hearing must include the maltreatment 
452.14 	determination, disqualification, and licensing sanction or denial of a license. In such cases, 
452.15 	a fair hearing must not be conducted under section 256.045. Except for family child care 
452.16 	and child foster care, reconsideration of a maltreatment determination under this subdivision, 
452.17 	and reconsideration of a disqualification under section 245C.22, must not be conducted 
452.18 	when:
452.19 	(1) a denial of a license under section 245A.05, or a licensing sanction under section 
452.20 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
452.21 	or the disqualification of a license holder based on serious or recurring maltreatment;
452.22 	(2) the denial of a license or licensing sanction is issued at the same time as the 
452.23 	maltreatment determination or disqualification; and
452.24 	(3) the license holder appeals the maltreatment determination or disqualification, and 
452.25 	denial of a license or licensing sanction.
452.26 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
452.27 	determination or disqualification, but does not appeal the denial of a license or a licensing 
452.28 	sanction, reconsideration of the maltreatment determination shall be conducted under sections 
452.29 	626.556, subdivision 10i, 260E.33 and 626.557, subdivision 9d, and reconsideration of the 
452.30 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall 
452.31 	also be conducted as provided under sections 245C.27, 626.556, subdivision 10i 260E.33, 
452.32 	and 626.557, subdivision 9d.
452.33 	If the disqualified subject is an individual other than the license holder and upon whom 
452.34 	a background study must be conducted under chapter 245C, the hearings of all parties may 
453.1 	be consolidated into a single contested case hearing upon consent of all parties and the 
453.2 	administrative law judge.
453.3 	(g) Until August 1, 2002, an individual or facility that was determined by the 
453.4 	commissioner of human services or the commissioner of health to be responsible for neglect 
453.5 	under section 626.5572, subdivision 17, after October 1, 1995, and before August 1, 2001, 
453.6 	that believes that the finding of neglect does not meet an amended definition of neglect may 
453.7 	request a reconsideration of the determination of neglect. The commissioner of human 
453.8 	services or the commissioner of health shall mail a notice to the last known address of 
453.9 	individuals who are eligible to seek this reconsideration. The request for reconsideration 
453.10 	must state how the established findings no longer meet the elements of the definition of 
453.11 	neglect. The commissioner shall review the request for reconsideration and make a 
453.12 	determination within 15 calendar days. The commissioner's decision on this reconsideration 
453.13 	is the final agency action.
453.14 	(1) For purposes of compliance with the data destruction schedule under subdivision 
453.15 	12b, paragraph (d), when a finding of substantiated maltreatment has been changed as a 
453.16 	result of a reconsideration under this paragraph, the date of the original finding of a 
453.17 	substantiated maltreatment must be used to calculate the destruction date.
453.18 	(2) For purposes of any background studies under chapter 245C, when a determination 
453.19 	of substantiated maltreatment has been changed as a result of a reconsideration under this 
453.20 	paragraph, any prior disqualification of the individual under chapter 245C that was based 
453.21 	on this determination of maltreatment shall be rescinded, and for future background studies 
453.22 	under chapter 245C the commissioner must not use the previous determination of 
453.23 	substantiated maltreatment as a basis for disqualification or as a basis for referring the 
453.24 	individual's maltreatment history to a health-related licensing board under section 245C.31.

453.25 	Sec. 145. REVISOR INSTRUCTION.
 453.26 	The revisor of statutes shall correct any cross-references made necessary as a result of 
453.27 	this act and shall make any grammatical changes necessary to preserve the meaning of the 
453.28 	text.

APPENDIX 

Repealed Minnesota Statutes: 201-H0011-1 

245F.02 DEFINITIONS.Subd. 20.Qualified medical professional. 
"Qualified medical professional" means an individual licensed in Minnesota as a doctor of osteopathic medicine or physician, or an individual licensed in Minnesota as an advanced practice registered nurse by the Board of Nursing and certified to practice as a clinical nurse specialist or nurse practitioner by a national nurse organization acceptable to the board. 

253B.02 DEFINITIONS.Subd. 6.Emergency treatment. 
"Emergency treatment" means the treatment of a patient pursuant to section 253B.05 which is necessary to protect the patient or others from immediate harm. 

Subd. 12a.Mental illness. 
"Mental illness" has the meaning given in section 245.462, subdivision 20. 

253B.05 EMERGENCY ADMISSION.Subdivision 1.Emergency hold. 
(a) Any person may be admitted or held for emergency care and treatment in a treatment facility, except to a facility operated by the Minnesota sex offender program, with the consent of the head of the treatment facility upon a written statement by an examiner that: 

(1) the examiner has examined the person not more than 15 days prior to admission; 

(2) the examiner is of the opinion, for stated reasons, that the person is mentally ill, developmentally disabled, or chemically dependent, and is in danger of causing injury to self or others if not immediately detained; and 

(3) an order of the court cannot be obtained in time to prevent the anticipated injury. 

(b) If the proposed patient has been brought to the treatment facility by another person, the examiner shall make a good faith effort to obtain a statement of information that is available from that person, which must be taken into consideration in deciding whether to place the proposed patient on an emergency hold. The statement of information must include, to the extent available, direct observations of the proposed patient's behaviors, reliable knowledge of recent and past behavior, and information regarding psychiatric history, past treatment, and current mental health providers. The examiner shall also inquire into the existence of health care directives under chapter 145, and advance psychiatric directives under section 253B.03, subdivision 6d. 

(c) The examiner's statement shall be: (1) sufficient authority for a peace or health officer to transport a patient to a treatment facility, (2) stated in behavioral terms and not in conclusory language, and (3) of sufficient specificity to provide an adequate record for review. If danger to specific individuals is a basis for the emergency hold, the statement must identify those individuals, to the extent practicable. A copy of the examiner's statement shall be personally served on the person immediately upon admission and a copy shall be maintained by the treatment facility. 

(d) A patient must not be allowed or required to consent to nor participate in a clinical drug trial during an emergency admission or hold under this subdivision or subdivision 2. A consent given during a period of an emergency admission or hold is void and unenforceable. This paragraph does not prohibit a patient from continuing participation in a clinical drug trial if the patient was participating in the drug trial at the time of the emergency admission or hold. 

Subd. 2.Peace or health officer authority. 
(a) A peace or health officer may take a person into custody and transport the person to a licensed physician or treatment facility if the officer has reason to believe, either through direct observation of the person's behavior, or upon reliable information of the person's recent behavior and knowledge of the person's past behavior or psychiatric treatment, that the person is mentally ill or developmentally disabled and in danger of injuring self or others if not immediately detained. A peace or health officer or a person working under such officer's supervision, may take a person who is believed to be chemically dependent or is intoxicated in public into custody and transport the person to a treatment facility. If the person is intoxicated in public or is believed to be chemically dependent and is not in danger of causing self-harm or harm to any person or property, the peace or health officer may transport the person home. The peace or health officer shall make written application for admission of the person to the treatment facility. The application shall contain the peace or health officer's statement specifying the reasons for and circumstances under which the person was taken into custody. If danger to specific individuals is a basis for the emergency hold, the statement must include identifying information on those individuals, to the extent practicable. A copy of the statement shall be made available to the person taken into custody. The peace or health officer who makes the application shall provide the officer's name, the agency that employs the officer, and the telephone number or other contact information for purposes of receiving notice under subdivision 3, paragraph (d). 

(b) As far as is practicable, a peace officer who provides transportation for a person placed in a facility under this subdivision may not be in uniform and may not use a vehicle visibly marked as a law enforcement vehicle. 

(c) A person may be admitted to a treatment facility for emergency care and treatment under this subdivision with the consent of the head of the facility under the following circumstances: (1) a written statement shall only be made by the following individuals who are knowledgeable, trained, and practicing in the diagnosis and treatment of mental illness or developmental disability; the medical officer, or the officer's designee on duty at the facility, including a licensed physician, a licensed physician assistant, or an advanced practice registered nurse who after preliminary examination has determined that the person has symptoms of mental illness or developmental disability and appears to be in danger of harming self or others if not immediately detained; or (2) a written statement is made by the institution program director or the director's designee on duty at the facility after preliminary examination that the person has symptoms of chemical dependency and appears to be in danger of harming self or others if not immediately detained or is intoxicated in public. 

Subd. 2b.Notice. 
Every person held pursuant to this section must be informed in writing at the time of admission of the right to leave after 72 hours, to a medical examination within 48 hours, and to request a change to voluntary status. The treatment facility shall, upon request, assist the person in exercising the rights granted in this subdivision. 

Subd. 3.Duration of hold. 
(a) Any person held pursuant to this section may be held up to 72 hours, exclusive of Saturdays, Sundays, and legal holidays after admission. If a petition for the commitment of the person is filed in the district court in the county of financial responsibility or of the county in which the treatment facility is located, the court may issue a judicial hold order pursuant to section 253B.07, subdivision 2b. 

(b) During the 72-hour hold period, a court may not release a person held under this section unless the court has received a written petition for release and held a summary hearing regarding the release. The petition must include the name of the person being held, the basis for and location of the hold, and a statement as to why the hold is improper. The petition also must include copies of any written documentation under subdivision 1 or 2 in support of the hold, unless the person holding the petitioner refuses to supply the documentation. The hearing must be held as soon as practicable and may be conducted by means of a telephone conference call or similar method by which the participants are able to simultaneously hear each other. If the court decides to release the person, the court shall direct the release and shall issue written findings supporting the decision. The release may not be delayed pending the written order. Before deciding to release the person, the court shall make every reasonable effort to provide notice of the proposed release to: 

(1) any specific individuals identified in a statement under subdivision 1 or 2 or individuals identified in the record who might be endangered if the person was not held; 

(2) the examiner whose written statement was a basis for a hold under subdivision 1; and 

(3) the peace or health officer who applied for a hold under subdivision 2. 

(c) If a person is intoxicated in public and held under this section for detoxification, a treatment facility may release the person without providing notice under paragraph (d) as soon as the treatment facility determines the person is no longer a danger to themselves or others. Notice must be provided to the peace officer or health officer who transported the person, or the appropriate law enforcement agency, if the officer or agency requests notification. 

(d) Notwithstanding section 144.293, subdivisions 2 and 4, if a treatment facility releases or discharges a person during the 72-hour hold period or if the person leaves the facility without the consent of the treating health care provider, the head of the treatment facility shall immediately notify the agency which employs the peace or health officer who transported the person to the treatment facility under this section. This paragraph does not apply to the extent that the notice would violate federal law governing the confidentiality of alcohol and drug abuse patient records under Code of Federal Regulations, title 42, part 2. 

(e) A person held under a 72-hour emergency hold must be released by the facility within 72 hours unless a court order to hold the person is obtained. A consecutive emergency hold order under this section may not be issued. 

Subd. 4.Change of status. 
Any person admitted pursuant to this section shall be changed to voluntary status provided by section 253B.04 upon the person's request in writing and with the consent of the head of the treatment facility. 

253B.064 COURT-ORDERED EARLY INTERVENTION; PRELIMINARY PROCEDURES.Subdivision 1.General. 
(a) An interested person may apply to the designated agency for early intervention of a proposed patient in the county of financial responsibility or the county where the patient is present. If the designated agency determines that early intervention may be appropriate, a prepetition screening report must be prepared pursuant to section 253B.07, subdivision 1. The county attorney may file a petition for early intervention following the procedures of section 253B.07, subdivision 2. 

(b) The proposed patient is entitled to representation by counsel, pursuant to section 253B.07, subdivision 2c. The proposed patient shall be examined by an examiner, and has the right to a second independent examiner, pursuant to section 253B.07, subdivisions 3 and 5. 

Subd. 2.Prehearing examination; failure to appear. 
If a proposed patient fails to appear for the examination, the court may: 

(1) reschedule the examination; or 

(2) deem the failure to appear as a waiver of the proposed patient's right to an examination and consider the failure to appear when deciding the merits of the petition for early intervention. 

Subd. 3.County option. 
Nothing in sections 253B.064 to 253B.066 requires a county to use early intervention procedures. 

253B.065 COURT-ORDERED EARLY INTERVENTION; HEARING PROCEDURES.Subdivision 1.Time for early intervention hearing. 
The hearing on the petition for early intervention shall be held within 14 days from the date of the filing of the petition. For good cause shown, the court may extend the time of hearing up to an additional 30 days. When any proposed patient has not had a hearing on a petition filed for early intervention within the allowed time, the proceedings shall be dismissed. 

Subd. 2.Notice of hearing. 
The proposed patient, the patient's counsel, the petitioner, the county attorney, and any other persons as the court directs shall be given at least five days' notice that a hearing will be held and at least two days' notice of the time and date of the hearing, except that any person may waive notice. Notice to the proposed patient may be waived by patient's counsel. 

Subd. 3.Failure to appear. 
If a proposed patient fails to appear at the hearing, the court may reschedule the hearing within five days and direct a health officer, peace officer, or other person to take the proposed patient to an appropriate treatment facility designated by the court and transport the person to the hearing. 

Subd. 4.Procedures. 
The hearing must be conducted pursuant to section 253B.08, subdivisions 3 to 8. 

Subd. 5.Early intervention criteria. 
(a) A court shall order early intervention treatment of a proposed patient who meets the criteria under paragraph (b) or (c). The early intervention treatment must be less intrusive than long-term inpatient commitment and must be the least restrictive treatment program available that can meet the patient's treatment needs. 

(b) The court shall order early intervention treatment if the court finds all of the elements of the following factors by clear and convincing evidence: 

(1) the proposed patient is mentally ill; 

(2) the proposed patient refuses to accept appropriate mental health treatment; and 

(3) the proposed patient's mental illness is manifested by instances of grossly disturbed behavior or faulty perceptions and either: 

(i) the grossly disturbed behavior or faulty perceptions significantly interfere with the proposed patient's ability to care for self and the proposed patient, when competent, would have chosen substantially similar treatment under the same circumstances; or 

(ii) due to the mental illness, the proposed patient received court-ordered inpatient treatment under section 253B.09 at least two times in the previous three years; the patient is exhibiting symptoms or behavior substantially similar to those that precipitated one or more of the court-ordered treatments; and the patient is reasonably expected to physically or mentally deteriorate to the point of meeting the criteria for commitment under section 253B.09 unless treated. 

For purposes of this paragraph, a proposed patient who was released under section 253B.095 and whose release was not revoked is not considered to have received court-ordered inpatient treatment under section 253B.09. 

(c) The court may order early intervention treatment if the court finds by clear and convincing evidence that a pregnant woman is a chemically dependent person. A chemically dependent person for purposes of this section is a woman who has during pregnancy engaged in excessive use, for a nonmedical purpose, of controlled substances or their derivatives, alcohol, or inhalants that will pose a substantial risk of damage to the brain or physical development of the fetus. 

(d) For purposes of paragraphs (b) and (c), none of the following constitute a refusal to accept appropriate mental health treatment: 

(1) a willingness to take medication but a reasonable disagreement about type or dosage; 

(2) a good faith effort to follow a reasonable alternative treatment plan, including treatment as specified in a valid advance directive under chapter 145C or section 253B.03, subdivision 6d; 

(3) an inability to obtain access to appropriate treatment because of inadequate health care coverage or an insurer's refusal or delay in providing coverage for the treatment; or 

(4) an inability to obtain access to needed mental health services because the provider will only accept patients who are under a court order or because the provider gives persons under a court order a priority over voluntary patients in obtaining treatment and services. 

253B.066 COURT-ORDERED EARLY INTERVENTION; DECISION; TREATMENT ALTERNATIVES; DURATION.Subdivision 1.Treatment alternatives. 
If the court orders early intervention under section 253B.065, subdivision 5, the court may include in its order a variety of treatment alternatives including, but not limited to, day treatment, medication compliance monitoring, assertive community treatment, crisis assessment and stabilization, partial hospitalization, and short-term hospitalization not to exceed 21 days. 

If the court orders short-term hospitalization and the proposed patient will not go voluntarily, the court may direct a health officer, peace officer, or other person to take the person into custody and transport the person to the hospital. 

Subd. 2.Findings. 
The court shall find the facts specifically and separately state its conclusions of law in its order. Where early intervention is ordered, the findings of fact and conclusions of law shall specifically state the proposed patient's conduct which is a basis for determining that each of the requisites for early intervention is met. 

The court shall also determine the nature and extent of the property of the patient and of the persons who are liable for the patient's care. 

Subd. 3.Duration. 
The order for early intervention shall not exceed 90 days. 

253B.09 DECISION; STANDARD OF PROOF; DURATION.Subd. 3.Financial determination. 
The court shall determine the nature and extent of the property of the patient and of the persons who are liable for the patient's care. If the patient is committed to a regional treatment center, the court shall send a copy of the commitment order to the commissioner. 

253B.12 TREATMENT REPORT; REVIEW; HEARING.Subd. 2.Basis for discharge. 
If no written report is filed within the required time or if the written statement describes the patient as not in need of further institutional care and treatment, the proceedings shall be terminated by the committing court, and the patient shall be discharged from the treatment facility. 

253B.15 PROVISIONAL DISCHARGE; PARTIAL INSTITUTIONALIZATION.Subd. 11.Partial institutionalization. 
The head of a treatment facility may place any committed person on a status of partial institutionalization. The status shall allow the patient to be absent from the facility for certain fixed periods of time. The head of the facility may terminate the status at any time. 

253B.20 DISCHARGE; ADMINISTRATIVE PROCEDURE.Subd. 7.Services. 
A committed person may at any time after discharge, provisional discharge or partial treatment, apply to the head of the treatment facility within whose district the committed person resides for treatment. The head of the treatment facility, on determining that the applicant requires service, may provide needed services related to mental illness, developmental disability, or chemical dependency to the applicant. The services shall be provided in regional centers under terms and conditions established by the commissioner. 

626.556 REPORTING OF MALTREATMENT OF MINORS.Subdivision 1.Public policy. 
(a) The legislature hereby declares that the public policy of this state is to protect children whose health or welfare may be jeopardized through physical abuse, neglect, or sexual abuse. 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 abuse or neglect and should engage the protective capacities of families. In furtherance of this public policy, it is the intent of the legislature under this section 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 settings; and 

(4) provide, when necessary, a safe temporary or permanent home environment for physically or sexually abused or neglected children. 

(b) In addition, it is the policy of this state to: 

(1) require the reporting of neglect or physical or sexual abuse of children in the home, school, and community settings; 

(2) provide for the voluntary reporting of abuse or neglect of children; 

(3) require an investigation when the report alleges sexual abuse or substantial child endangerment; 

(4) provide a family assessment, if appropriate, when the report does not allege sexual abuse or substantial child endangerment; and 

(5) provide protective, family support, and family preservation services when needed in appropriate cases. 

Subd. 2.Definitions. 
As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise: 

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence or event which: 

(1) is not likely to occur and could not have been prevented by exercise of due care; and 

(2) if occurring while a child is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event. 

(b) "Commissioner" means the commissioner of human services. 

(c) "Facility" means: 

(1) a licensed or unlicensed day care facility, certified license-exempt child care center, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 144H, 245D, or 245H; 

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or 

(3) a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a. 

(d) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege sexual abuse or substantial child endangerment. Family assessment does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment. 

(e) "Investigation" means fact gathering related to the current safety of a child and the risk of subsequent maltreatment that determines whether child maltreatment occurred and whether child protective services are needed. An investigation must be used when reports involve sexual abuse or substantial child endangerment, and for reports of maltreatment in facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider association as defined in section 256B.0625, subdivision 19a. 

(f) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture. 

(g) "Neglect" means the commission or omission of any of the acts specified under clauses (1) to (9), other than by accidental means: 

(1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so; 

(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect; 

(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care; 

(4) failure to ensure that the child is educated as defined in sections 120A.22 and 260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's child with sympathomimetic medications, consistent with section 125A.091, subdivision 5; 

(5) nothing in this section shall be construed to mean that a child is neglected solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of medical care may cause serious danger to the child's health. This section does not impose upon persons, not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care, a duty to provide that care; 

(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance, or the presence of a fetal alcohol spectrum disorder; 

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5); 

(8) chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety; or 

(9) emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture. 

(h) "Nonmaltreatment mistake" means: 

(1) at the time of the incident, the individual was performing duties identified in the center's child care program plan required under Minnesota Rules, part 9503.0045; 

(2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years; 

(3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years; 

(4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and 

(5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident. 

This definition only applies to child care centers licensed under Minnesota Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantiated maltreatment by the individual, the commissioner of human services shall determine that a nonmaltreatment mistake was made by the individual. 

(i) "Operator" means an operator or agency as defined in section 245A.02. 

(j) "Person responsible for the child's care" means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching. 

(k) "Physical abuse" means any physical injury, mental injury, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive or deprivation procedures, or regulated interventions, that have not been authorized under section 125A.0942 or 245.825. 

Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by section 121A.582. Actions which are not reasonable and moderate include, but are not limited to, any of the following: 

(1) throwing, kicking, burning, biting, or cutting a child; 

(2) striking a child with a closed fist; 

(3) shaking a child under age three; 

(4) striking or other actions which result in any nonaccidental injury to a child under 18 months of age; 

(5) unreasonable interference with a child's breathing; 

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6; 

(7) striking a child under age one on the face or head; 

(8) striking a child who is at least age one but under age four on the face or head, which results in an injury; 

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances which were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child's behavior, motor coordination, or judgment or that results in sickness or internal injury, or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances; 

(10) unreasonable physical confinement or restraint not permitted under section 609.379, including but not limited to tying, caging, or chaining; or 

(11) in a school facility or school zone, an act by a person responsible for the child's care that is a violation under section 121A.58. 

(l) "Practice of social services," for the purposes of subdivision 3, includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services. 

(m) "Report" means any communication received by the local welfare agency, police department, county sheriff, or agency responsible for child protection pursuant to this section that describes neglect or physical or sexual abuse of a child and contains sufficient content to identify the child and any person believed to be responsible for the neglect or abuse, if known. 

(n) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a current or recent position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), 609.3451 (criminal sexual conduct in the fifth degree), or 609.352 (solicitation of children to engage in sexual conduct; communication of sexually explicit materials to children). Sexual abuse also includes any act which involves a minor which constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes all reports of known or suspected child sex trafficking involving a child who is identified as a victim of sex trafficking. Sexual abuse includes child sex trafficking as defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes threatened sexual abuse which includes the status of a parent or household member who has committed a violation which requires registration as an offender under section 243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b). 

(o) "Substantial child endangerment" means a person responsible for a child's care, by act or omission, commits or attempts to commit an act against a child under their care that constitutes any of the following: 

(1) egregious harm as defined in section 260C.007, subdivision 14; 

(2) abandonment under section 260C.301, subdivision 2; 

(3) neglect as defined in paragraph (g), 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) solicitation, inducement, and promotion of prostitution under section 609.322; 

(8) criminal sexual conduct under sections 609.342 to 609.3451; 

(9) solicitation of children to engage in sexual conduct under section 609.352; 

(10) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378; 

(11) use of a minor in sexual performance under section 617.246; or 

(12) parental behavior, status, or condition which mandates that the county attorney file a termination of parental rights petition under section 260C.503, subdivision 2. 

(p) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child's care, as defined in paragraph (j), clause (1), who has: 

(1) subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law of another jurisdiction; 

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph (b), clause (4), or a similar law of another jurisdiction; 

(3) committed an act that has resulted in an involuntary termination of parental rights under section 260C.301, or a similar law of another jurisdiction; or 

(4) committed an act that has resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction. 

A child is the subject of a report of threatened injury when the responsible social services agency receives birth match data under paragraph (q) from the Department of Human Services. 

(q) Upon receiving data under section 144.225, subdivision 2b, contained in a birth record or recognition of parentage identifying a child who is subject to threatened injury under paragraph (p), the Department of Human Services shall send the data to the responsible social services agency. The data is known as "birth match" data. Unless the responsible social services agency has already begun an investigation or assessment of the report due to the birth of the child or execution of the recognition of parentage and the parent's previous history with child protection, the agency shall accept the birth match data as a report under this section. The agency may use either a family assessment or investigation to determine whether the child is safe. All of the provisions of this section apply. If the child is determined to be safe, the agency shall consult with the county attorney to determine the appropriateness of filing a petition alleging the child is in need of protection or services under section 260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is determined not to be safe, the agency and the county attorney shall take appropriate action as required under section 260C.503, subdivision 2. 

(r) Persons who conduct assessments or investigations under this section shall take into account accepted child-rearing practices of the culture in which a child participates and accepted teacher discipline practices, which are not injurious to the child's health, welfare, and safety. 

Subd. 3.Persons mandated to report; persons voluntarily reporting. 
(a) A person who knows or has reason to believe a child is being neglected or physically or sexually abused, as defined in subdivision 2, or has been neglected or physically or sexually abused within the preceding three years, shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department if the person is: 

(1) a professional or professional's delegate who is engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, correctional supervision, probation and correctional services, or law enforcement; or 

(2) employed as a member of the clergy and received the information while engaged in ministerial duties, provided that a member of the clergy is not required by this subdivision to report information that is otherwise privileged under section 595.02, subdivision 1, paragraph (c). 

(b) Any person may voluntarily report to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department if the person knows, has reason to believe, or suspects a child is being or has been neglected or subjected to physical or sexual abuse. 

(c) A person mandated to report physical or sexual child abuse or neglect occurring within a licensed facility shall report the information to the agency responsible for licensing or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 144H, 245D, or 245H; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a. A health or corrections agency receiving a report may request the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work within a school facility, upon receiving a complaint of alleged maltreatment, shall provide information about the circumstances of the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4, applies to data received by the commissioner of education from a licensing entity. 

(d) Notification requirements under subdivision 10 apply to all reports received under this section. 

(e) For purposes of this section, "immediately" means as soon as possible but in no event longer than 24 hours. 

Subd. 3a.Report of deprivation of parental rights or kidnapping. 
A person mandated to report under subdivision 3, who knows or has reason to know of a violation of section 609.25 or 609.26, shall report the information to the local police department or the county sheriff. Receipt by a local welfare agency of a report or notification of a report of a violation of section 609.25 or 609.26 shall not be construed to invoke the duties of subdivision 10, 10a, or 10b. 

Subd. 3b.Agency responsible for assessing or investigating reports of maltreatment. 
The Department of Education is the agency responsible for assessing or investigating allegations of child maltreatment in schools as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E. The Department of Education's responsibility to assess and investigate includes allegations of maltreatment involving students 18 to 21 years of age, including students receiving special education services, up to and until graduation and the issuance of a secondary or high school diploma. 

Subd. 3c.Local welfare agency, Department of Human Services or Department of Health responsible for assessing or investigating reports of maltreatment. 
(a) The local welfare agency is the agency responsible for assessing or investigating allegations of maltreatment in child foster care, family child care, legally nonlicensed child care, and reports involving children served by an unlicensed personal care provider organization under section 256B.0659. Copies of findings related to personal care provider organizations under section 256B.0659 must be forwarded to the Department of Human Services provider enrollment. 

(b) The Department of Human Services is the agency responsible for assessing or investigating allegations of maltreatment in juvenile correctional facilities listed under section 241.021 located in the local welfare agency's county and in facilities licensed or certified under chapters 245A, 245D, and 245H, except for child foster care and family child care. 

(c) The Department of Health is the agency responsible for assessing or investigating allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43 to 144A.482 or chapter 144H. 

Subd. 3d.Authority to interview. 
The agency responsible for assessing or investigating reports of child maltreatment has the authority to interview the child, the person or persons responsible for the child's care, the alleged perpetrator, and any other person with knowledge of the abuse or neglect for the purpose of gathering the facts, assessing safety and risk to the child, and formulating a plan. 

Subd. 3e.Agency responsible for assessing or investigating reports of sexual abuse. 
The local welfare agency is the agency responsible for investigating allegations 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. The local welfare agency is also responsible for investigating when a child is identified as a victim of sex trafficking. 

Subd. 3f.Law enforcement agency responsible for investigating maltreatment. 
The local law enforcement agency has responsibility for investigating any report of child maltreatment if a violation of a criminal statute is alleged. Law enforcement and the responsible agency must coordinate their investigations or assessments as required under subdivision 10. 

Subd. 4.Immunity from liability. 
(a) The following persons are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith: 

(1) any person making a voluntary or mandated report under subdivision 3 or under section 626.5561 or assisting in an assessment under this section or under section 626.5561; 

(2) any person with responsibility for performing duties under this section or supervisor employed by a local welfare agency, the commissioner of an agency responsible for operating or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed or certified under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a, complying with subdivision 10d; and 

(3) any public or private school, facility as defined in subdivision 2, or the employee of any public or private school or facility who permits access by a local welfare agency, the Department of Education, or a local law enforcement agency and assists in an investigation or assessment pursuant to subdivision 10 or under section 626.5561. 

(b) A person who is a supervisor or person with responsibility for performing duties under this section employed by a local welfare agency, the commissioner of human services, or the commissioner of education complying with subdivisions 10 and 11 or section 626.5561 or any related rule or provision of law is immune from any civil or criminal liability that might otherwise result from the person's actions, if the person is (1) acting in good faith and exercising due care, or (2) acting in good faith and following the information collection procedures established under subdivision 10, paragraphs (h), (i), and (j). 

(c) This subdivision does not provide immunity to any person for failure to make a required report or for committing neglect, physical abuse, or sexual abuse of a child. 

(d) If a person who makes a voluntary or mandatory report under subdivision 3 prevails in a civil action from which the person has been granted immunity under this subdivision, the court may award the person attorney fees and costs. 

Subd. 4a.Retaliation prohibited. 
(a) An employer of any person required to make reports under subdivision 3 shall not retaliate against the person for reporting in good faith abuse or neglect pursuant to this section, or against a child with respect to whom a report is made, because of the report. 

(b) The employer of any person required to report under subdivision 3 who retaliates against the person because of a report of abuse or neglect is liable to that person for actual damages and, in addition, a penalty up to $10,000. 

(c) There shall be a rebuttable presumption that any adverse action within 90 days of a report is retaliatory. For purposes of this paragraph, the term "adverse action" refers to action taken by an employer of a person required to report under subdivision 3 which is involved in a report against the person making the report or the child with respect to whom the report was made because of the report, and includes, but is not limited to: 

(1) discharge, suspension, termination, or transfer from the facility, institution, school, or agency; 

(2) discharge from or termination of employment; 

(3) demotion or reduction in remuneration for services; or 

(4) restriction or prohibition of access to the facility, institution, school, agency, or persons affiliated with it. 

Subd. 5.Malicious and reckless reports. 
Any person who knowingly or recklessly makes a false report under the provisions of this section shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury, plus costs and reasonable attorney fees. 

Subd. 6.Failure to report. 
(a) A person mandated by this section to report who knows or has reason to believe that a child is neglected or physically or sexually abused, as defined in subdivision 2, or has been neglected or physically or sexually abused within the preceding three years, and fails to report is guilty of a misdemeanor. 

(b) A person mandated by this section to report who knows or has reason to believe that two or more children not related to the perpetrator have been physically or sexually abused, as defined in subdivision 2, by the same perpetrator within the preceding ten years, and fails to report is guilty of a gross misdemeanor. 

(c) A parent, guardian, or caretaker who knows or reasonably should know that the child's health is in serious danger and who fails to report as required by subdivision 2, paragraph (g), is guilty of a gross misdemeanor if the child suffers substantial or great bodily harm because of the lack of medical care. If the child dies because of the lack of medical care, the person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both. The provision in section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian, or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report under this subdivision. 

Subd. 6a.Failure to notify. 
If a local welfare agency receives a report under subdivision 3, paragraph (a) or (b), and fails to notify the local police department or county sheriff as required by subdivision 10, the person within the agency who is responsible for ensuring that notification is made shall be subject to disciplinary action in keeping with the agency's existing policy or collective bargaining agreement on discipline of employees. If a local police department or a county sheriff receives a report under subdivision 3, paragraph (a) or (b), and fails to notify the local welfare agency as required by subdivision 10, the person within the police department or county sheriff's office who is responsible for ensuring that notification is made shall be subject to disciplinary action in keeping with the agency's existing policy or collective bargaining agreement on discipline of employees. 

Subd. 7.Report; information provided to parent; reporter. 
(a) An oral report shall be made immediately by telephone or otherwise. An oral report made by a person required under subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating the report, or the local welfare agency. 

(b) The local welfare agency shall determine if the report is to be screened in or out as soon as possible but in no event longer than 24 hours after the report is received. When determining whether a report will be screened in or out, the agency receiving the report must consider, when relevant, all previous history, including reports that were screened out. The agency may communicate with treating professionals and individuals specified under subdivision 10, paragraph (i), clause (3), item (iii). 

(c) Any report shall be of sufficient content to identify the child, any person believed to be responsible for the abuse or neglect of the child if the person is known, the nature and extent of the abuse or neglect and the name and address of the reporter. The local welfare agency or agency responsible for assessing or investigating the report shall accept a report made under subdivision 3 notwithstanding refusal by a reporter to provide the reporter's name or address as long as the report is otherwise sufficient under this paragraph. Written reports received by a police department or the county sheriff shall be forwarded immediately to the local welfare agency or the agency responsible for assessing or investigating the report. The police department or the county sheriff may keep copies of reports received by them. Copies of written reports received by a local welfare department or the agency responsible for assessing or investigating the report shall be forwarded immediately to the local police department or the county sheriff. 

(d) When requested, the agency responsible for assessing or investigating a report shall inform the reporter within ten days after the report was made, either orally or in writing, whether the report was accepted or not. If the responsible agency determines the report does not constitute a report under this section, the agency shall advise the reporter the report was screened out. Any person mandated to report shall receive a summary of the disposition of any report made by that reporter, including whether the case has been opened for child protection or other services, or if a referral has been made to a community organization, unless release would be detrimental to the best interests of the child. Any person who is not mandated to report shall, upon request to the local welfare agency, receive a concise summary of the disposition of any report made by that reporter, unless release would be detrimental to the best interests of the child. 

(e) Reports that are screened out must be maintained in accordance with subdivision 11c, paragraph (a). 

(f) A local welfare agency or agency responsible for investigating or assessing a report may use a screened-out report for making an offer of social services to the subjects of the screened-out report. A local welfare agency or agency responsible for evaluating a report alleging maltreatment of a child shall consider prior reports, including screened-out reports, to determine whether an investigation or family assessment must be conducted. 

(g) Notwithstanding paragraph (a), the commissioner of education must inform the parent, guardian, or legal custodian of the child who is the subject of a report of alleged maltreatment in a school facility within ten days of receiving the report, either orally or in writing, whether the commissioner is assessing or investigating the report of alleged maltreatment. 

(h) Regardless of whether a report is made under this subdivision, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident has occurred that may constitute maltreatment of the child, when the incident occurred, and the nature of the conduct that may constitute maltreatment. 

(i) A written copy of a report maintained by personnel of agencies, other than welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential. An individual subject of the report may obtain access to the original report as provided by subdivision 11. 

Subd. 7a.Guidance for screening reports. 
(a) Child protection staff, supervisors, and others involved in child protection screening shall follow the guidance provided in the child maltreatment screening guidelines issued by the commissioner of human services and, when notified by the commissioner, shall immediately implement updated procedures and protocols. 

(b) Any modifications to the screening guidelines must be preapproved by the commissioner of human services and must not be less protective of children than is mandated by statute. The county agency must consult with the county attorney before proposing modifications to the commissioner. The guidelines may provide additional protections for children but must not limit reports that are screened in or provide additional limits on consideration of reports that were screened out in making screening determinations. 

Subd. 8.Evidence not privileged. 
No evidence relating to the neglect or abuse of a child or to any prior incidents of neglect or abuse involving any of the same persons accused of neglect or abuse shall be excluded in any proceeding arising out of the alleged neglect or physical or sexual abuse on the grounds of privilege set forth in section 595.02, subdivision 1, paragraph (a), (d), or (g). 

Subd. 9.Mandatory reporting to medical examiner or coroner. 
When a person required to report under the provisions of subdivision 3 knows or has reason to believe a child has died as a result of neglect or physical or sexual abuse, the person shall report that information to the appropriate medical examiner or coroner instead of the local welfare agency, police department, or county sheriff. Medical examiners or coroners shall notify the local welfare agency or police department or county sheriff in instances in which they believe that the child has died as a result of neglect or physical or sexual abuse. The medical examiner or coroner shall complete an investigation as soon as feasible and report the findings to the police department or county sheriff and the local welfare agency. If the child was receiving services or treatment for mental illness, developmentally disabled, chemical dependency, or emotional disturbance from an agency, facility, or program as defined in section 245.91, the medical examiner or coroner shall also notify and report findings to the ombudsman established under sections 245.91 to 245.97. 

Subd. 10.Duties of local welfare agency and local law enforcement agency upon receipt of report; mandatory notification between police or sheriff and agency. 
(a) The police department or the county sheriff shall immediately notify the local welfare agency or agency responsible for child protection reports under this section orally and in writing when a report is received. The local welfare agency or agency responsible for child protection reports shall immediately notify the local police department or the county sheriff orally and in writing when a report is received. The county sheriff and the head of every local welfare agency, agency responsible for child protection reports, and police department shall each designate a person within their agency, department, or office who is responsible for ensuring that the notification duties of this paragraph are carried out. When the alleged maltreatment occurred on tribal land, the local welfare agency or agency responsible for child protection reports and the local police department or the county sheriff shall immediately notify the tribe's social services agency and tribal law enforcement orally and in writing when a report is received. When a police department or county sheriff determines that a child has been the subject of physical abuse, sexual abuse, or neglect by a person licensed by the Professional Educator Licensing and Standards Board or the Board of School Administrators, the department or sheriff shall, in addition to its other duties under this section, immediately inform the licensing board. 

(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child maltreatment. The local welfare agency: 

(1) shall conduct an investigation on reports involving sexual abuse or substantial child endangerment; 

(2) shall begin an immediate investigation if, at any time when it is using a family assessment response, it determines that there is reason to believe that sexual abuse or substantial child endangerment or a serious threat to the child's safety exists; 

(3) may conduct a family assessment for reports that do not allege sexual abuse 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; 

(4) may conduct a family assessment on 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; and 

(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an Indian child's tribe when the agency has reason to believe the family assessment or investigation may involve an Indian child. For purposes of this clause, "immediate notice" means notice provided within 24 hours. 

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, or sexual abuse by a person with a significant relationship to the child when that person resides in the child's household or by a sibling, the local welfare agency shall immediately conduct a family assessment or investigation as identified in clauses (1) to (4). In conducting a family assessment or investigation, the local welfare agency shall gather information on the existence of substance abuse and domestic violence and offer services for purposes of preventing future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected minor, and supporting and preserving family life whenever possible. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation or assessment. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records. 

If the family assessment or investigation indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or person responsible for the child's care, the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part 9530.6615. 

(c) When a local agency receives a report or otherwise has information indicating that a child who is a client, as defined in section 245.91, has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it shall, in addition to its other duties under this section, immediately inform the ombudsman established under sections 245.91 to 245.97. The commissioner of education shall inform the ombudsman established under sections 245.91 to 245.97 of reports regarding a child defined as a client in section 245.91 that maltreatment occurred at a school as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E. 

(d) Authority of the local welfare agency responsible for assessing or investigating the child abuse or neglect report, the agency responsible for assessing or investigating the report, and of the local law enforcement agency for investigating the alleged abuse or neglect includes, but is not limited to, authority to interview, without parental consent, the alleged victim and any other minors who currently reside with or who have resided with the alleged offender. The interview may take place at school or at any facility or other place where the alleged victim or other minors might be found or the child may be transported to, and the interview conducted at, a place appropriate for the interview of a child designated by the local welfare agency or law enforcement agency. The interview may take place outside the presence of the alleged offender or parent, legal custodian, guardian, or school official. For family assessments, it is the preferred practice to request a parent or guardian's permission to interview the child prior to conducting the child interview, unless doing so would compromise the safety assessment. Except as provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible local welfare or law enforcement agency no later than the conclusion of the investigation or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare agency, order that, where reasonable cause exists, the agency withhold notification of this interview from the parent, legal custodian, or guardian. If the interview took place or is to take place on school property, the order shall specify that school officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school property, as provided under this paragraph, and any other related information regarding the interview that may be a part of the child's school record. A copy of the order shall be sent by the local welfare or law enforcement agency to the appropriate school official. 

(e) When the local welfare, local law enforcement agency, or the agency responsible for assessing or investigating a report of maltreatment determines that an interview should take place on school property, written notification of intent to interview the child on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property. For interviews conducted by the local welfare agency, the notification shall be signed by the chair of the local social services agency or the chair's designee. The notification shall be private data on individuals subject to the provisions of this paragraph. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded, unless a school employee or agent is alleged to have maltreated the child. Until that time, the local welfare or law enforcement agency or the agency responsible for assessing or investigating a report of maltreatment shall be solely responsible for any disclosures regarding the nature of the assessment or investigation. 

Except where the alleged offender is believed to be a school official or employee, the time and place, and manner of the interview on school premises shall be within the discretion of school officials, but the local welfare or law enforcement agency shall have the exclusive authority to determine who may attend the interview. The conditions as to time, place, and manner of the interview set by the school officials shall be reasonable and the interview shall be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school officials and the local welfare or law enforcement agency. Where the school fails to comply with the provisions of this paragraph, the juvenile court may order the school to comply. Every effort must be made to reduce the disruption of the educational program of the child, other students, or school staff when an interview is conducted on school premises. 

(f) Where the alleged offender or a person responsible for the care of the alleged victim or other minor prevents access to the victim or other minor by the local welfare agency, the juvenile court may order the parents, legal custodian, or guardian to produce the alleged victim or other minor for questioning by the local welfare agency or the local law enforcement agency outside the presence of the alleged offender or any person responsible for the child's care at reasonable places and times as specified by court order. 

(g) Before making an order under paragraph (f), the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the basis for the requested interviews and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The court shall consider the need for appointment of a guardian ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall be present at the hearing on the order to show cause. 

(h) The commissioner of human services, the ombudsman for mental health and developmental disabilities, the local welfare agencies responsible for investigating reports, the commissioner of education, and the local law enforcement agencies have the right to enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, including medical records, as part of the investigation. Notwithstanding the provisions of chapter 13, they also have the right to inform the facility under investigation that they are conducting an investigation, to disclose to the facility the names of the individuals under investigation for abusing or neglecting a child, and to provide the facility with a copy of the report and the investigative findings. 

(i) The local welfare agency responsible for conducting a family assessment or investigation shall collect available and relevant information to determine child safety, risk of subsequent child maltreatment, and family strengths and needs and share not public information with an Indian's tribal social services agency without violating any law of the state that may otherwise impose duties of confidentiality on the local welfare agency in order to implement the tribal state agreement. The local welfare agency or the agency responsible for investigating the report shall collect available and relevant information to ascertain whether maltreatment occurred and whether protective services are needed. Information collected includes, when relevant, information with regard to the person reporting the alleged maltreatment, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the reporter's knowledge for the report; the child allegedly being maltreated; the alleged offender; the child's caretaker; and other collateral sources having relevant information related to the alleged maltreatment. The local welfare agency or the agency responsible for investigating the report may make a determination of no maltreatment early in an investigation, and close the case and retain immunity, if the collected information shows no basis for a full investigation. 

Information relevant to the assessment or investigation must be asked for, and may include: 

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment reports that were screened out and not accepted for assessment or investigation; information relating to developmental functioning; credibility of the child's statement; and whether the information provided under this clause is consistent with other information collected during the course of the assessment or investigation; 

(2) the alleged offender's age, a record check for prior reports of maltreatment, and criminal charges and convictions. 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 statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation; 

(3) collateral source information regarding the alleged maltreatment and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or the care of the child maintained by any facility, clinic, or health care professional and an interview with the treating professionals; and (iii) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child; and 

(4) information on the existence of domestic abuse and violence in the home of the child, and substance abuse. 

Nothing in this paragraph precludes the local welfare agency, the local law enforcement agency, or the agency responsible for assessing or investigating the report from collecting other relevant information necessary to conduct the assessment or investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access to medical data and records for purposes of clause (3). Notwithstanding the data's classification in the possession of any other agency, data acquired by the local welfare agency or the agency responsible for assessing or investigating the report during the course of the assessment or investigation are private data on individuals and must be maintained in accordance with subdivision 11. Data of the commissioner of education collected or maintained during and for the purpose of an investigation of alleged maltreatment in a school are governed by this section, notwithstanding the data's classification as educational, licensing, or personnel data under chapter 13. 

In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (c), the commissioner of education shall collect investigative reports and data that are relevant to a report of maltreatment and are from local law enforcement and the school facility. 

(j) Upon receipt of a report, the local welfare agency shall conduct a 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. The face-to-face contact with the child and primary caregiver shall occur immediately if sexual abuse or substantial child endangerment is alleged and within five calendar days 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 investigation. At the initial contact, the local child 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. 

(k) When conducting an investigation, the local welfare agency shall use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. For investigations only, the following interviewing methods and procedures must be used whenever possible when collecting information: 

(1) audio recordings of all interviews with witnesses and collateral sources; and 

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the alleged victim and child witnesses. 

(l) In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (c), the commissioner of education shall collect available and relevant information and use the procedures in paragraphs (j) and (k), and subdivision 3d, except that the requirement for face-to-face observation of the child and face-to-face interview of the alleged offender is to occur in the initial stages of the assessment or investigation provided that the commissioner may also base the assessment or investigation on investigative reports and data received from the school facility and local law enforcement, to the extent those investigations satisfy the requirements of paragraphs (j) and (k), and subdivision 3d. 

Subd. 10a.Law enforcement agency responsibility for investigation; welfare agency reliance on law enforcement fact-finding; welfare agency offer of services. 
(a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a parent, guardian, sibling, person responsible for the child's care functioning within the family unit, or a person who lives in the child's household and who has a significant relationship to the child, in a setting other than a facility as defined in subdivision 2, the local welfare agency shall immediately notify the appropriate law enforcement agency, which shall conduct an investigation of the alleged abuse or neglect if a violation of a criminal statute is alleged. 

(b) The local agency may rely on the fact-finding efforts of the law enforcement investigation conducted under this subdivision to make a determination whether or not threatened injury or other maltreatment has occurred under subdivision 2 if an alleged offender has minor children or lives with minors. 

(c) If a child is the victim of an alleged crime under paragraph (a), the law enforcement agency shall immediately notify the local welfare agency, which shall offer appropriate social services for the purpose of safeguarding and enhancing the welfare of the abused or neglected minor. 

Subd. 10b.Duties of commissioner; neglect or abuse in facility. 
(a) This section applies to the commissioners of human services, health, and education. The commissioner of the agency responsible for assessing or investigating the report shall immediately assess or investigate if the report alleges that: 

(1) a child who is in the care of a facility as defined in subdivision 2 is neglected, physically abused, sexually abused, or is the victim of maltreatment in a facility by an individual in that facility, or has been so neglected or abused, or been the victim of maltreatment in a facility by an individual in that facility within the three years preceding the report; or 

(2) a child was neglected, physically abused, sexually abused, or is the victim of maltreatment in a facility by an individual in a facility defined in subdivision 2, while in the care of that facility within the three years preceding the report. 

The commissioner of the agency responsible for assessing or investigating the report shall arrange for the transmittal to the commissioner of reports received by local agencies and may delegate to a local welfare agency the duty to investigate reports. In conducting an investigation under this section, the commissioner has the powers and duties specified for local welfare agencies under this section. The commissioner of the agency responsible for assessing or investigating the report or local welfare agency may interview any children who are or have been in the care of a facility under investigation and their parents, guardians, or legal custodians. 

(b) Prior to any interview, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency shall notify the parent, guardian, or legal custodian of a child who will be interviewed in the manner provided for in subdivision 10d, paragraph (a). If reasonable efforts to reach the parent, guardian, or legal custodian of a child in an out-of-home placement have failed, the child may be interviewed if there is reason to believe the interview is necessary to protect the child or other children in the facility. The commissioner of the agency responsible for assessing or investigating the report or local agency must provide the information required in this subdivision to the parent, guardian, or legal custodian of a child interviewed without parental notification as soon as possible after the interview. When the investigation is completed, any parent, guardian, or legal custodian notified under this subdivision shall receive the written memorandum provided for in subdivision 10d, paragraph (c). 

(c) In conducting investigations under this subdivision the commissioner or local welfare agency shall obtain access to information consistent with subdivision 10, paragraphs (h), (i), and (j). In conducting assessments or investigations under this subdivision, the commissioner of education shall obtain access to reports and investigative data that are relevant to a report of maltreatment and are in the possession of a school facility as defined in subdivision 2, paragraph (c), notwithstanding the classification of the data as educational or personnel data under chapter 13. This includes, but is not limited to, school investigative reports, information concerning the conduct of school personnel alleged to have committed maltreatment of students, information about witnesses, and any protective or corrective action taken by the school facility regarding the school personnel alleged to have committed maltreatment. 

(d) The commissioner may request assistance from the local social services agency. 

Subd. 10c.Duties of local social service agency upon receipt of report of medical neglect. 
If the report alleges medical neglect as defined in section 260C.007, subdivision 6, clause (5), the local welfare agency shall, in addition to its other duties under this section, immediately consult with designated hospital staff and with the parents of the infant to verify that appropriate nutrition, hydration, and medication are being provided; and shall immediately secure an independent medical review of the infant's medical charts and records and, if necessary, seek a court order for an independent medical examination of the infant. If the review or examination leads to a conclusion of medical neglect, the agency shall intervene on behalf of the infant by initiating legal proceedings under section 260C.141 and by filing an expedited motion to prevent the withholding of medically indicated treatment. 

Subd. 10d.Notification of neglect or abuse in facility. 
(a) When a report is received that alleges neglect, physical abuse, sexual abuse, or maltreatment of a child while in the care of a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed or certified according to sections 144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 144H, 245D, or 245H, or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed personal care provider organization as defined in section 256B.0625, subdivision 19a, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency investigating the report shall provide the following information to the parent, guardian, or legal custodian of a child alleged to have been neglected, physically abused, sexually abused, or the victim of maltreatment of a child in the facility: the name of the facility; the fact that a report alleging neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility has been received; the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; that the agency is conducting an assessment or investigation; any protective or corrective measures being taken pending the outcome of the investigation; and that a written memorandum will be provided when the investigation is completed. 

(b) The commissioner of the agency responsible for assessing or investigating the report or local welfare agency may also provide the information in paragraph (a) to the parent, guardian, or legal custodian of any other child in the facility if the investigative agency knows or has reason to believe the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility has occurred. In determining whether to exercise this authority, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency shall consider the seriousness of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the number of children allegedly neglected, physically abused, sexually abused, or victims of maltreatment of a child in the facility; the number of alleged perpetrators; and the length of the investigation. The facility shall be notified whenever this discretion is exercised. 

(c) When the commissioner of the agency responsible for assessing or investigating the report or local welfare agency has completed its investigation, every parent, guardian, or legal custodian previously notified of the investigation by the commissioner or local welfare agency shall be provided with the following information in a written memorandum: the name of the facility investigated; the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the investigator's name; a summary of the investigation findings; a statement whether maltreatment was found; and the protective or corrective measures that are being or will be taken. The memorandum shall be written in a manner that protects the identity of the reporter and the child and shall not contain the name, or to the extent possible, reveal the identity of the alleged perpetrator or of those interviewed during the investigation. If maltreatment is determined to exist, the commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child in the facility who had contact with the individual responsible for the maltreatment. When the facility is the responsible party for maltreatment, the commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child who received services in the population of the facility where the maltreatment occurred. This notification must be provided to the parent, guardian, or legal custodian of each child receiving services from the time the maltreatment occurred until either the individual responsible for maltreatment is no longer in contact with a child or children in the facility or the conclusion of the investigation. In the case of maltreatment within a school facility, as defined in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E, the commissioner of education need not provide notification to parents, guardians, or legal custodians of each child in the facility, but shall, within ten days after the investigation is completed, provide written notification to the parent, guardian, or legal custodian of any student alleged to have been maltreated. The commissioner of education may notify the parent, guardian, or legal custodian of any student involved as a witness to alleged maltreatment. 

Subd. 10e.Determinations. 
(a) The local welfare agency shall conclude the family assessment or the investigation within 45 days of the receipt of a report. The conclusion of the assessment or investigation may be extended to permit the completion of a criminal investigation or the receipt of expert information requested within 45 days of the receipt of the report. 

(b) After conducting a family assessment, the local welfare agency shall determine whether services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment. 

(c) After conducting an investigation, the local welfare agency shall make two determinations: first, whether maltreatment has occurred; and second, whether child protective services are needed. No determination of maltreatment shall be made when the alleged perpetrator is a child under the age of ten. 

(d) If the commissioner of education conducts an assessment or investigation, the commissioner shall determine whether maltreatment occurred and what corrective or protective action was taken by the school facility. If a determination is made that maltreatment has occurred, the commissioner shall report to the employer, the school board, and any appropriate licensing entity the determination that maltreatment occurred and what corrective or protective action was taken by the school facility. In all other cases, the commissioner shall inform the school board or employer that a report was received, the subject of the report, the date of the initial report, the category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was not determined, and a summary of the specific reasons for the determination. 

(e) When maltreatment is determined in an investigation involving a facility, the investigating agency shall also determine whether the facility or individual was responsible, or whether both the facility and the individual were responsible for the maltreatment using the mitigating factors in paragraph (i). Determinations under this subdivision must be made based on a preponderance of the evidence and are private data on individuals or nonpublic data as maintained by the commissioner of education. 

(f) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions: 

(1) physical abuse as defined in subdivision 2, paragraph (k); 

(2) neglect as defined in subdivision 2, paragraph (g); 

(3) sexual abuse as defined in subdivision 2, paragraph (n); 

(4) mental injury as defined in subdivision 2, paragraph (f); or 

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (c). 

(g) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment. 

(h) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child. 

(i) When determining whether the facility or individual is the responsible party, or whether both the facility and the individual are responsible for determined maltreatment in a facility, the investigating agency shall consider at least the following mitigating factors: 

(1) whether the actions of the facility or the individual caregivers were according to, and followed the terms of, an erroneous physician order, prescription, individual care plan, or directive; however, this is not a mitigating factor when the facility or caregiver was responsible for the issuance of the erroneous order, prescription, individual care plan, or directive or knew or should have known of the errors and took no reasonable measures to correct the defect before administering care; 

(2) comparative responsibility between the facility, other caregivers, and requirements placed upon an employee, including the facility's compliance with related regulatory standards and the adequacy of facility policies and procedures, facility training, an individual's participation in the training, the caregiver's supervision, and facility staffing levels and the scope of the individual employee's authority and discretion; and 

(3) whether the facility or individual followed professional standards in exercising professional judgment. 

The evaluation of the facility's responsibility under clause (2) must not be based on the completeness of the risk assessment or risk reduction plan required under section 245A.66, but must be based on the facility's compliance with the regulatory standards for policies and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules. 

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been committed by an individual who is also the facility license or certification holder, both the individual and the facility must be determined responsible for the maltreatment, and both the background study disqualification standards under section 245C.15, subdivision 4, and the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 245H.07 apply. 

Subd. 10f.Notice of determinations. 
Within ten working days of the conclusion of a family assessment, 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 child maltreatment. The local welfare agency and the family may also jointly agree that family support and family preservation services are needed. Within ten working days of the conclusion of an investigation, the local welfare agency or agency responsible for investigating the report shall notify the parent or guardian of the child, the person determined to be maltreating the child, and, if applicable, the director of the facility, of the determination and a summary of the specific reasons for the determination. When the investigation involves a child foster care setting that is monitored by a private licensing agency under section 245A.16, the local welfare agency responsible for investigating the report shall notify the private licensing agency of the determination and shall provide a summary of the specific reasons for the determination. The notice to the private licensing agency must include identifying private data, but not the identity of the reporter of maltreatment. The notice must also include a certification that the information collection procedures under subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to obtain access to other private data on the subject collected, created, or maintained under this section. In addition, the notice shall include the length of time that the records will be kept under subdivision 11c. The investigating agency shall notify the parent or guardian of the child who is the subject of the report, and any person or facility determined to have maltreated a child, of their appeal or review rights under this section. The notice must also state that a finding of maltreatment may result in denial of a license or certification application or background study disqualification under chapter 245C related to employment or services that are licensed or certified by the Department of Human Services under chapter 245A or 245H, the Department of Health under chapter 144 or 144A, the Department of Corrections under section 241.021, and from providing services related to an unlicensed personal care provider organization under chapter 256B. 

Subd. 10g.Interstate data exchange. 
All reports and records created, collected, or maintained under this section by a local social service agency or law enforcement agency may be disclosed to a local social service or other child welfare agency of another state when the agency certifies that: 

(1) the reports and records are necessary in order to conduct an investigation of actions that would qualify as sexual abuse, physical abuse, or neglect under this section; and 

(2) the reports and records will be used only for purposes of a child protection assessment or investigation and will not be further disclosed to any other person or agency. 

The local social service agency or law enforcement agency in this state shall keep a record of all records or reports disclosed pursuant to this subdivision and of any agency to which the records or reports are disclosed. If in any case records or reports are disclosed before a determination is made under subdivision 10e, or a disposition of any criminal proceedings is reached, the local social service agency or law enforcement agency in this state shall forward the determination or disposition to any agency that has received any report or record under this subdivision. 

Subd. 10h.Child abuse data; release to family court services. 
The responsible authority or its designee of a local welfare agency may release private or confidential data on an active case involving assessment or investigation of actions that are defined as sexual abuse, physical abuse, or neglect under this section to a court services agency if: 

(1) the court services agency has an active case involving a common client or clients who are the subject of the data; and 

(2) the data are necessary for the court services agency to effectively process the court services' case, including investigating or performing other duties relating to the case required by law. 

The data disclosed under this subdivision may be used only for purposes of the active court services case described in clause (1) and may not be further disclosed to any other person or agency, except as authorized by law. 

Subd. 10i.Administrative reconsideration; review panel. 
(a) Administrative reconsideration is not applicable in family assessments since no determination concerning maltreatment is made. For investigations, except as provided under paragraph (e), an individual or facility that the commissioner of human services, a local social service agency, or the commissioner of education determines has maltreated a child, an interested person acting on behalf of the child, regardless of the determination, who contests the investigating agency's final determination regarding maltreatment, may request the investigating agency to reconsider its final determination regarding maltreatment. The request for reconsideration must be submitted in writing to the investigating agency within 15 calendar days after receipt of notice of the final determination regarding maltreatment or, if the request is made by an interested person who is not entitled to notice, within 15 days after receipt of the notice by the parent or guardian of the child. If mailed, the request for reconsideration must be postmarked and sent to the investigating agency within 15 calendar days of the individual's or facility's receipt of the final determination. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 15 calendar days after the individual's or facility's receipt of the final determination. Effective January 1, 2002, an individual who was determined to have maltreated a child under this section and who was disqualified on the basis of serious or recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment determination and the disqualification. The request for reconsideration of the maltreatment determination and the disqualification must be submitted within 30 calendar days of the individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment determination and the disqualification must be postmarked and sent to the investigating agency within 30 calendar days of the individual's receipt of the maltreatment determination and notice of disqualification. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 30 calendar days after the individual's receipt of the notice of disqualification. 

(b) Except as provided under paragraphs (e) and (f), if the investigating agency denies the request or fails to act upon the request within 15 working days after receiving the request for reconsideration, the person or facility entitled to a fair hearing under section 256.045 may submit to the commissioner of human services or the commissioner of education a written request for a hearing under that section. Section 256.045 also governs hearings requested to contest a final determination of the commissioner of education. The investigating agency shall notify persons who request reconsideration of their rights under this paragraph. The hearings specified under this section are the only administrative appeal of a decision issued under paragraph (a). Determinations under this section are not subject to accuracy and completeness challenges under section 13.04. 

(c) If, as a result of a reconsideration or review, the investigating agency changes the final determination of maltreatment, that agency shall notify the parties specified in subdivisions 10b, 10d, and 10f. 

(d) Except as provided under paragraph (f), if an individual or facility contests the investigating agency's final determination regarding maltreatment by requesting a fair hearing under section 256.045, the commissioner of human services shall assure that the hearing is conducted and a decision is reached within 90 days of receipt of the request for a hearing. The time for action on the decision may be extended for as many days as the hearing is postponed or the record is held open for the benefit of either party. 

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis of a determination of maltreatment, which was serious or recurring, and the individual has requested reconsideration of the maltreatment determination under paragraph (a) and requested reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration of the maltreatment determination and reconsideration of the disqualification shall be consolidated into a single reconsideration. If reconsideration of the maltreatment determination is denied and the individual remains disqualified following a reconsideration decision, the individual may request a fair hearing under section 256.045. If an individual requests a fair hearing on the maltreatment determination and the disqualification, the scope of the fair hearing shall include both the maltreatment determination and the disqualification. 

(f) If a maltreatment determination or a disqualification based on serious or recurring maltreatment is the basis for a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, the license holder has the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested case hearing shall include the maltreatment determination, disqualification, and licensing sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment determination and disqualification shall not be conducted under section 256.045. Except for family child care and child foster care, reconsideration of a maltreatment determination as provided under this subdivision, and reconsideration of a disqualification as provided under section 245C.22, shall also not be conducted when: 

(1) a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, is based on a determination that the license holder is responsible for maltreatment or the disqualification of a license holder based on serious or recurring maltreatment; 

(2) the denial of a license or licensing sanction is issued at the same time as the maltreatment determination or disqualification; and 

(3) the license holder appeals the maltreatment determination or disqualification, and denial of a license or licensing sanction. 

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment determination or disqualification, but does not appeal the denial of a license or a licensing sanction, reconsideration of the maltreatment determination shall be conducted under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d. 

If the disqualified subject is an individual other than the license holder and upon whom a background study must be conducted under chapter 245C, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge. 

(g) For purposes of this subdivision, "interested person acting on behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been determined to be the perpetrator of the maltreatment. 

(h) If a maltreatment determination is the basis for a correction order under section 245H.06 or decertification under section 245H.07, the certification holder has the right to request reconsideration under sections 245H.06 and 245H.07. If the certification holder appeals the maltreatment determination or disqualification, but does not appeal the correction order or decertification, reconsideration of the maltreatment determination shall be conducted under section 626.556, subdivision 10i, and reconsideration of the disqualification shall be conducted under section 245C.22. 

Subd. 10j.Release of data to mandated reporters. 
(a) A local social services or child protection agency, or the agency responsible for assessing or investigating the report of maltreatment, shall provide relevant private data on individuals obtained under this section to a mandated reporter who made the report and who has an ongoing responsibility for the health, education, or welfare of a child affected by the data, unless the agency determines that providing the data would not be in the best interests of the child. The agency may provide the data to other mandated reporters with ongoing responsibility for the health, education, or welfare of the child. Mandated reporters with ongoing responsibility for the health, education, or welfare of a child affected by the data include the child's teachers or other appropriate school personnel, foster parents, health care providers, respite care workers, therapists, social workers, child care providers, residential care staff, crisis nursery staff, probation officers, and court services personnel. Under this section, a mandated reporter need not have made the report to be considered a person with ongoing responsibility for the health, education, or welfare of a child affected by the data. Data provided under this section must be limited to data pertinent to the individual's responsibility for caring for the child. 

(b) A reporter who receives private data on individuals under this subdivision must treat the data according to that classification, regardless of whether the reporter is an employee of a government entity. The remedies and penalties under sections 13.08 and 13.09 apply if a reporter releases data in violation of this section or other law. 

Subd. 10k.Release of certain assessment or investigative records to other counties. 
Records maintained under subdivision 11c, paragraph (a), may be shared with another local welfare agency that requests the information because it is conducting an assessment or investigation under this section of the subject of the records. 

Subd. 10l.Documentation. 
When a case is closed that has been open for services, the local welfare agency shall document the outcome of the family assessment or investigation, including a description of services provided and the removal or reduction of risk to the child, if it existed. 

Subd. 10m.Provision of child protective services; consultation with county attorney. 
(a) The local welfare agency shall create a written plan, in collaboration with the family whenever possible, within 30 days of the determination that child protective services are needed or upon joint agreement of the local welfare agency and the family that family support and preservation services are needed. Child protective services for a family are voluntary unless ordered by the court. 

(b) The local welfare agency shall consult with the county attorney to determine the appropriateness of filing a petition alleging the child is in need of protection or services under section 260C.007, subdivision 6, if: 

(1) the family does not accept or comply with a plan for child protective services; 

(2) voluntary child protective services may not provide sufficient protection for the child; or 

(3) the family is not cooperating with an investigation or assessment. 

Subd. 10n.Required referral to early intervention services. 
A child under age three who is involved in a substantiated case of maltreatment shall be referred for screening under the Individuals with Disabilities Education Act, part C. Parents must be informed that the evaluation and acceptance of services are voluntary. The commissioner of human services shall monitor referral rates by county and annually report the information to the legislature beginning March 15, 2014. Refusal to have a child screened is not a basis for a child in need of protection or services petition under chapter 260C. 

Subd. 11.Records. 
(a) Except as provided in paragraph (b) and subdivisions 10b, 10d, 10g, and 11b, all records concerning individuals maintained by a local welfare agency or agency responsible for assessing or investigating the report under this section, including any written reports filed under subdivision 7, shall be private data on individuals, except insofar as copies of reports are required by subdivision 7 to be sent to the local police department or the county sheriff. All records concerning determinations of maltreatment by a facility are nonpublic data as maintained by the Department of Education, except insofar as copies of reports are required by subdivision 7 to be sent to the local police department or the county sheriff. Reports maintained by any police department or the county sheriff shall be private data on individuals except the reports shall be made available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners. Section 13.82, subdivisions 8, 9, and 14, apply to law enforcement data other than the reports. The local social services agency or agency responsible for assessing or investigating the report shall make available to the investigating, petitioning, or prosecuting authority, including county medical examiners or county coroners or their professional delegates, any records which contain information relating to a specific incident of neglect or abuse which is under investigation, petition, or prosecution and information relating to any prior incidents of neglect or abuse involving any of the same persons. The records shall be collected and maintained in accordance with the provisions of chapter 13. In conducting investigations and assessments pursuant to this section, the notice required by section 13.04, subdivision 2, need not be provided to a minor under the age of ten who is the alleged victim of abuse or neglect. An individual subject of a record shall have access to the record in accordance with those sections, except that the name of the reporter shall be confidential while the report is under assessment or investigation except as otherwise permitted by this subdivision. Any person conducting an investigation or assessment under this section who intentionally discloses the identity of a reporter prior to the completion of the investigation or assessment is guilty of a misdemeanor. After the assessment or investigation is completed, the name of the reporter shall be confidential. The subject of the report may compel disclosure of the name of the reporter only with the consent of the reporter or upon a written finding by the court that the report was false and that there is evidence that the report was made in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the Rules of Criminal Procedure. 

(b) Upon request of the legislative auditor, data on individuals maintained under this section must be released to the legislative auditor in order for the auditor to fulfill the auditor's duties under section 3.971. The auditor shall maintain the data in accordance with chapter 13. 

(c) The commissioner of education must be provided with all requested data that are relevant to a report of maltreatment and are in possession of a school facility as defined in subdivision 2, paragraph (c), when the data is requested pursuant to an assessment or investigation of a maltreatment report of a student in a school. If the commissioner of education makes a determination of maltreatment involving an individual performing work within a school facility who is licensed by a board or other agency, the commissioner shall provide a copy of its offender maltreatment determination report to the licensing entity, with all student identifying information removed. The offender maltreatment determination report shall include but is not limited to the following sections: report of alleged maltreatment; legal standard; investigation; summary of findings; determination; corrective action by a school; reconsideration process; and a listing of records related to the investigation. Notwithstanding section 13.03, subdivision 4, data received by a licensing entity under this paragraph are governed by section 13.41 or other applicable law governing data of the receiving entity, except that this section applies to the classification of and access to data on the reporter of the maltreatment. 

Subd. 11a.Disclosure of information not required in certain cases. 
When interviewing a minor under subdivision 10, an individual does not include the parent or guardian of the minor for purposes of section 13.04, subdivision 2, when the parent or guardian is the alleged perpetrator of the abuse or neglect. 

Subd. 11b.Data received from law enforcement. 
Active law enforcement investigative data received by a local welfare agency or agency responsible for assessing or investigating the report under this section are confidential data on individuals. When this data become inactive in the law enforcement agency, the data are private data on individuals. 

Subd. 11c.Welfare, court services agency, and school records maintained. 
Notwithstanding sections 138.163 and 138.17, records maintained or records derived from reports of abuse by local welfare agencies, agencies responsible for assessing or investigating the report, court services agencies, or schools under this section shall be destroyed as provided in paragraphs (a) to (d) by the responsible authority. 

(a) For reports alleging child maltreatment that were not accepted for assessment or investigation, family assessment cases, and cases where an investigation results in no determination of maltreatment or the need for child protective services, the records must be maintained for a period of five years after the date the report was not accepted for assessment or investigation or of the final entry in the case record. Records of reports that were not accepted must contain sufficient information to identify the subjects of the report, the nature of the alleged maltreatment, and the reasons as to 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. 

(b) All records relating to reports which, upon investigation, indicate either 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. 

(c) All records regarding a report of maltreatment, including any notification of intent to interview which was received by a school under subdivision 10, paragraph (d), 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. 

(d) Private or confidential data released to a court services agency under subdivision 10h 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. 

Subd. 11d.Disclosure in child fatality or near-fatality cases. 
(a) The definitions in this paragraph apply to this section. 

(1) "Child fatality" means the death of a child from child abuse or neglect. 

(2) "Near fatality" means a case in which a physician, advanced practice registered nurse, or physician assistant determines that a child is in serious or critical condition as the result of sickness or injury caused by child abuse or neglect. 

(3) "Findings and information" means a written summary described in paragraph (c) of actions taken or services rendered by a local social services agency following receipt of a report. 

(b) Notwithstanding any other provision of law and subject to this subdivision, a public agency shall disclose to the public, upon request, the findings and information related to a child fatality or near fatality if: 

(1) a person is criminally charged with having caused the child fatality or near fatality; 

(2) a county attorney certifies that a person would have been charged with having caused the child fatality or near fatality but for that person's death; or 

(3) a child protection investigation resulted in a determination of child abuse or neglect. 

(c) Findings and information disclosed under this subdivision consist of a written summary that includes any of the following information the agency is able to provide: 

(1) the cause and circumstances regarding the child fatality or near fatality; 

(2) the age and gender of the child; 

(3) information on any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality or near fatality; 

(4) information on any previous investigations that are pertinent to the abuse or neglect that led to the child fatality or near fatality; 

(5) the results of any investigations described in clause (4); 

(6) actions of and services provided by the local social services agency on behalf of a child that are pertinent to the child abuse or neglect that led to the child fatality or near fatality; and 

(7) the results of any review of the state child mortality review panel, a local child mortality review panel, a local community child protection team, or any public agency. 

(d) Nothing in this subdivision authorizes access to the private data in the custody of a local social services agency, or the disclosure to the public of the records or content of any psychiatric, psychological, or therapeutic evaluations, or the disclosure of information that would reveal the identities of persons who provided information related to abuse or neglect of the child. 

(e) A person whose request is denied may apply to the appropriate court for an order compelling disclosure of all or part of the findings and information of the public agency. The application must set forth, with reasonable particularity, factors supporting the application. The court has jurisdiction to issue these orders. Actions under this section must be set down for immediate hearing, and subsequent proceedings in those actions must be given priority by the appellate courts. 

(f) A public agency or its employees acting in good faith in disclosing or declining to disclose information under this section are immune from criminal or civil liability that might otherwise be incurred or imposed for that action. 

Subd. 12.Duties of facility operators. 
Any operator, employee, or volunteer worker at any facility who intentionally neglects, physically abuses, or sexually abuses any child in the care of that facility may be charged with a violation of section 609.255, 609.377, or 609.378. Any operator of a facility who knowingly permits conditions to exist which result in neglect, physical abuse, sexual abuse, or maltreatment of a child in a facility while in the care of that facility may be charged with a violation of section 609.378. The facility operator shall inform all mandated reporters employed by or otherwise associated with the facility of the duties required of mandated reporters and shall inform all mandatory reporters of the prohibition against retaliation for reports made in good faith under this section. 

Subd. 14.Conflict of interest. 
(a) A potential conflict of interest related to assisting in an assessment under this section resulting in a direct or shared financial interest with a child abuse and neglect treatment provider or resulting from a personal or family relationship with a party in the investigation must be considered by the local welfare agency in an effort to prevent unethical relationships. 

(b) A person who conducts an assessment under this section or section 626.5561 may not have: 

(1) any direct or shared financial interest or referral relationship resulting in a direct shared financial gain with a child abuse and neglect treatment provider; or 

(2) a personal or family relationship with a party in the investigation. 

If an independent assessor is not available, the person responsible for making the determination under this section may use the services of an assessor with a financial interest, referral, or personal or family relationship. 

Subd. 15.Auditing. 
The commissioner of human services shall regularly audit for accuracy the data reported by counties on maltreatment of minors. 

Subd. 16.Commissioner's duty to provide oversight; quality assurance reviews; annual summary of reviews. 
(a) The commissioner shall develop a plan to perform quality assurance reviews of local welfare agency screening practices and decisions. The commissioner shall provide oversight and guidance to counties to ensure consistent application of screening guidelines, thorough and appropriate screening decisions, and correct documentation and maintenance of reports. Quality assurance reviews must begin no later than September 30, 2015. 

(b) The commissioner shall produce an annual report of the summary results of the reviews. The report must only contain aggregate data and may not include any data that could be used to personally identify any subject whose data is included in the report. The report is public information and must be provided to the chairs and ranking minority members of the legislative committees having jurisdiction over child protection issues. 

626.5561 REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.Subdivision 1.Reports required. 
(a) Except as provided in paragraph (b), a person mandated to report under section 626.556, subdivision 3, shall immediately report to the local welfare agency if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive. 

(b) A health care professional or a social service professional who is mandated to report under section 626.556, subdivision 3, is exempt from reporting under paragraph (a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages during pregnancy if the professional is providing the woman with prenatal care or other health care services. 

(c) Any person may make a voluntary report if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive. 

(d) An oral report shall be made immediately by telephone or otherwise. An oral report made by a person required to report shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the local welfare agency. Any report shall be of sufficient content to identify the pregnant woman, the nature and extent of the use, if known, and the name and address of the reporter. The local welfare agency shall accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the reporter's name or address as long as the report is otherwise sufficient. 

(e) For purposes of this section, "prenatal care" means the comprehensive package of medical and psychological support provided throughout the pregnancy. 

Subd. 2.Local welfare agency. 
Upon receipt of a report required under subdivision 1, the local welfare agency shall immediately conduct an appropriate assessment and offer services indicated under the circumstances. Services offered may include, but are not limited to, a referral for chemical dependency assessment, a referral for chemical dependency treatment if recommended, and a referral for prenatal care. The local welfare agency may also take any appropriate action under chapter 253B, including seeking an emergency admission under section 253B.05. The local welfare agency shall seek an emergency admission under section 253B.05 if the pregnant woman refuses recommended voluntary services or fails recommended treatment. 

Subd. 3.Related provisions. 
Reports under this section are governed by section 626.556, subdivisions 4, 4a, 5, 6, 8, and 11. 

Subd. 4.Controlled substances. 
For purposes of this section and section 626.5562, "controlled substance" means a controlled substance listed in section 253B.02, subdivision 2. 

Subd. 5.Immunity. 
(a) A person making a voluntary or mandated report under subdivision 1 or assisting in an assessment under subdivision 2 is immune from any civil or criminal liability that otherwise might result from the person's actions, if the person is acting in good faith. 

(b) This subdivision does not provide immunity to any person for failure to make a required report or for committing neglect, physical abuse, or sexual abuse of a child. 

626.5562 TOXICOLOGY TESTS REQUIRED.Subdivision 1.Test; report. 
A physician shall administer a toxicology test to a pregnant woman under the physician's care or to a woman under the physician's care within eight hours after delivery to determine whether there is evidence that she has ingested a controlled substance, if the woman has obstetrical complications that are a medical indication of possible use of a controlled substance for a nonmedical purpose. If the test results are positive, the physician shall report the results under section 626.5561. A negative test result does not eliminate the obligation to report under section 626.5561, if other evidence gives the physician reason to believe the patient has used a controlled substance for a nonmedical purpose. 

Subd. 2.Newborns. 
A physician shall administer to each newborn infant born under the physician's care a toxicology test to determine whether there is evidence of prenatal exposure to a controlled substance, if the physician has reason to believe based on a medical assessment of the mother or the infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy. If the test results are positive, the physician shall report the results as neglect under section 626.556. A negative test result does not eliminate the obligation to report under section 626.556 if other medical evidence of prenatal exposure to a controlled substance is present. 

Subd. 3.Report to Department of Health. 
Physicians shall report to the Department of Health the results of tests performed under subdivisions 1 and 2. A report shall be made on the certificate of live birth medical supplement or the report of fetal death medical supplement filed on or after February 1, 1991. The reports are medical data under section 13.384. 

Subd. 4.Immunity from liability. 
Any physician or other medical personnel administering a toxicology test to determine the presence of a controlled substance in a pregnant woman, in a woman within eight hours after delivery, or in a child at birth or during the first month of life is immune from civil or criminal liability arising from administration of the test, if the physician ordering the test believes in good faith that the test is required under this section and the test is administered in accordance with an established protocol and reasonable medical practice. 

Subd. 5.Reliability of tests. 
A positive test result reported under this section must be obtained from a confirmatory test performed by a drug testing laboratory which meets the requirements of section 181.953, and must be performed according to the requirements for performance of confirmatory tests imposed by the licensing, accreditation, or certification program listed in section 181.953, subdivision 1, in which the laboratory participates. 

626.558 MULTIDISCIPLINARY CHILD PROTECTION TEAM.Subdivision 1.Establishment of team. 
A county shall establish a multidisciplinary child protection team that may include, but not be 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 health or other appropriate human service 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 service 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 its activities with battered women's and domestic abuse programs and services. 

Subd. 2.Duties of team. 
A multidisciplinary child protection team may provide public and professional education, develop resources for prevention, intervention, and treatment, and provide case consultation to the local welfare agency or other interested community-based agencies. The community-based agencies may request case consultation from the multidisciplinary child protection team regarding a child or family for whom the community-based agency is providing services. As used in this section, "case consultation" means a case review process in which recommendations are made concerning services to be provided to the identified children and family. Case consultation may be performed by a committee or subcommittee of members representing human services, including mental health and chemical dependency; law enforcement, including probation and parole; the county attorney; a children's advocacy center; health care; education; community-based agencies and other necessary agencies; and persons directly involved in an individual case as designated by other members performing case consultation. 

Subd. 2a.Sexually exploited youth outreach program. 
A multidisciplinary child protection team may assist the local welfare agency, local law enforcement agency, or an appropriate private organization in developing a program of outreach services for sexually exploited youth, including homeless, runaway, and truant youth who are at risk of sexual exploitation. For the purposes of this subdivision, at least one representative of a youth intervention program or, where this type of program is unavailable, one representative of a nonprofit agency serving youth in crisis, shall be appointed to and serve on the multidisciplinary child protection team in addition to the standing members of the team. These services may include counseling, medical care, short-term shelter, alternative living arrangements, and drop-in centers. A juvenile's receipt of intervention services under this subdivision may not be conditioned upon the juvenile providing any evidence or testimony. 

Subd. 3.Information sharing. 
(a) The local welfare agency may make available to the case consultation committee or subcommittee, all records collected and maintained by the agency under section 626.556 and in connection with case consultation. A case consultation committee or subcommittee member may share information acquired in the member's professional capacity with the committee or subcommittee to assist in case consultation. 

(b) Case consultation committee or subcommittee members must annually sign a data sharing agreement, approved by the commissioner of human services, assuring compliance with chapter 13. Not public data, as defined by section 13.02, subdivision 8a, may be shared with members appointed to the committee or subcommittee in connection with an individual case when the members have signed the data sharing agreement. 

(c) All data acquired by the case consultation committee or subcommittee in exercising case consultation duties, are confidential as defined in section 13.02, subdivision 3, and shall not be disclosed except to the extent necessary to perform case consultation, and shall not be subject to subpoena or discovery. 

(d) No members of a case consultation committee or subcommittee meeting shall disclose what transpired at a case consultation meeting, except to the extent necessary to carry out the case consultation plan. The proceedings and records of the case consultation meeting are not subject to discovery, and may not be introduced into evidence in any civil or criminal action against a professional or local welfare agency arising out of the matter or matters which are the subject of consideration of the case consultation meeting. Information, documents, or records otherwise available from original sources are not immune from discovery or use in any civil or criminal action merely because they were presented during a case consultation meeting. Any person who presented information before the consultation committee or subcommittee or who is a member shall not be prevented from testifying as to matters within the person's knowledge. However, in a civil or criminal proceeding a person shall not be questioned about the person's presentation of information before the case consultation committee or subcommittee or about opinions formed as a result of the case consultation meetings. 

A person who violates this subdivision is subject to the civil remedies and penalties provided under chapter 13. 

Subd. 4.Children's advocacy center; definition. 
(a) For purposes of this section, "children's advocacy center" means an organization, using a multidisciplinary team approach, whose primary purpose is to provide children who have been the victims of abuse and their nonoffending family members with: 

(1) support and advocacy; 

(2) specialized medical evaluation; 

(3) trauma-focused mental health services; and 

(4) forensic interviews. 

(b) Children's advocacy centers provide multidisciplinary case review and the tracking and monitoring of case progress. 

626.559 SPECIALIZED TRAINING AND EDUCATION REQUIRED.Subdivision 1.Job classification; continuing education. 
The commissioner of human services, for employees subject to the Minnesota Merit System, and directors of county personnel systems, for counties not subject to the Minnesota Merit System, shall establish a job classification consisting exclusively of persons with the specialized knowledge, skills, and experience required to satisfactorily perform child protection duties pursuant to section 626.556, subdivisions 10, 10a, and 10b. 

All child protection workers or social services staff having responsibility for child protective duties under section 626.556 shall receive 15 hours of continuing education or in-service training each year relevant to providing child protective services. The local social service agency shall maintain a record of training completed by each employee having responsibility for performing child protective duties. 

Subd. 1a.Child protection worker foundation education. 
Any individual who seeks employment as a child protection worker after the commissioner of human services has implemented the foundation training program developed under section 626.5591, subdivision 2, must complete competency-based foundation training during their first six months of employment as a child protection worker. 

Subd. 1b.Background studies. 
(a) County employees hired on or after July 1, 2015, who have responsibility for child protection duties or current county employees who are assigned new child protection duties on or after July 1, 2015, are required to undergo a background study. A county may complete these background studies by either: 

(1) use of the Department of Human Services NETStudy 2.0 system according to sections 245C.03 and 245C.10; or 

(2) an alternative process defined by the county. 

(b) County social services agencies and local welfare agencies must initiate background studies before an individual begins a position allowing direct contact with persons served by the agency. 

Subd. 2.Joint training. 
The commissioners of human services and public safety shall cooperate in the development of a joint program for training child abuse services professionals in the appropriate techniques for child abuse assessment and investigation. The program shall include but need not be limited to the following areas: 

(1) the public policy goals of the state as set forth in section 260C.001 and the role of the assessment or investigation in meeting these goals; 

(2) the special duties of child protection workers and law enforcement officers under section 626.556; 

(3) the appropriate methods for directing and managing affiliated professionals who may be utilized in providing protective services and strengthening family ties; 

(4) the appropriate methods for interviewing alleged victims of child abuse and other minors in the course of performing an assessment or an investigation; 

(5) the dynamics of child abuse and neglect within family systems and the appropriate methods for interviewing parents in the course of the assessment or investigation, including training in recognizing cases in which one of the parents is a victim of domestic abuse and in need of special legal or medical services; 

(6) the legal, evidentiary considerations that may be relevant to the conduct of an assessment or an investigation; 

(7) the circumstances under which it is appropriate to remove the alleged abuser or the alleged victim from the home; 

(8) the protective social services that are available to protect alleged victims from further abuse, to prevent child abuse and domestic abuse, and to preserve the family unit, and training in the preparation of case plans to coordinate services for the alleged child abuse victim with services for any parents who are victims of domestic abuse; 

(9) the methods by which child protection workers and law enforcement workers cooperate in conducting assessments and investigations in order to avoid duplication of efforts; and 

(10) appropriate methods for interviewing alleged victims of child abuse and conducting investigations in cases where the alleged victim is developmentally, physically, or mentally disabled. 

Subd. 3.Priority training. 
The commissioners of human services and public safety shall provide the program courses described in subdivision 2 at convenient times and locations in the state. The commissioners shall give training priority in the program areas cited in subdivision 2 to persons currently performing assessments and investigations pursuant to section 626.556, subdivisions 10, 10a, and 10b. 

Subd. 5.Revenue. 
The commissioner of human services shall add the following funds to the funds appropriated under section 626.5591, subdivision 2, to develop and support training: 

(a) The commissioner of human services shall submit claims for federal reimbursement earned through the activities and services supported through Department of Human Services child protection or child welfare training funds. Federal revenue earned must be used to improve and expand training services by the department. The department expenditures eligible for federal reimbursement under this section must not be made from federal funds or funds used to match other federal funds. 

(b) Each year, the commissioner of human services shall withhold from funds distributed to each county under Minnesota Rules, parts 9550.0300 to 9550.0370, an amount equivalent to 1.5 percent of each county's annual title XX allocation under section 256M.50. The commissioner must use these funds to ensure decentralization of training. 

(c) The federal revenue under this subdivision is available for these purposes until the funds are expended. 

626.5591 CHILD PROTECTION WORKERS; TRAINING; ADVISORY COMMITTEE.Subdivision 1.Definitions. 
As used in this section, the following terms have the meanings given unless the specific context indicates otherwise: 

(a) "Child protection agency" means an agency authorized to receive reports, conduct assessments and investigations, and make determinations pursuant to section 626.556, subdivision 10. 

(b) "Child protection services" means the receipt and assessment of reports of child maltreatment and the provision of services to families and children when maltreatment has occurred or when there is risk of maltreatment. These services include: (1) the assessment of risk to a child alleged to have been abused or neglected; (2) interviews of any person alleged to have abused or neglected a child and the child or children involved in the report, and interviews with persons having facts or knowledge necessary to assess the level of risk to a child and the need for protective intervention; (3) the gathering of written or evidentiary materials; (4) the recording of case findings and determinations; and (5) other actions required by section 626.556, administrative rule, or agency policy. 

(c) "Competency-based training" means a course of instruction that provides both information and skills practice, which is based upon clearly stated and measurable instructional objectives, and which requires demonstration of the achievement of a particular standard of skills and knowledge for satisfactory completion. 

(d) "Foundation training" means training provided to a local child protection worker after the person has begun to perform child protection duties, but before the expiration of six months of employment as a child protection worker. This foundation training must occur during the performance of job duties and must include an evaluation of the employee's application of skills and knowledge. 

(e) "Advanced training" means training provided to a local child protection worker after the person has performed an initial six months of employment as a child protection worker. 

Subd. 2.Training program; development. 
The commissioner of human services shall develop a program of competency-based foundation and advanced training for child protection workers if funds are appropriated to the commissioner for this purpose. 

626.561 INTERVIEWS WITH CHILD ABUSE VICTIMS.Subdivision 1.Policy. 
It is the policy of this state to encourage adequate and accurate documentation of the number and content of interviews conducted with alleged child abuse victims during the course of a child abuse assessment, criminal investigation, or prosecution, and to discourage interviews that are unnecessary, duplicative, or otherwise not in the best interests of the child. 

Subd. 2.Definitions. 
As used in this section: 

(1) "child abuse" means physical or sexual abuse as defined in section 626.556, subdivision 2; 

(2) "government employee" means an employee of a state or local agency, and any person acting as an agent of a state or local agency; 

(3) "interview" means a statement of an alleged child abuse victim which is given or made to a government employee during the course of a child abuse assessment, criminal investigation, or prosecution; and 

(4) "record" means an audio or videotape recording of an interview, or a written record of an interview. 

Subd. 3.Record required. 
Whenever an interview is conducted, the interviewer must make a record of the interview. The record must contain the following information: 

(1) the date, time, place, and duration of the interview; 

(2) the identity of the persons present at the interview; and 

(3) if the record is in writing, a summary of the information obtained during the interview. 

The records shall be maintained by the interviewer in accordance with applicable provisions of section 626.556, subdivision 11 and chapter 13. 

Subd. 4.Guidelines on tape recording of interviews. 
Every county attorney's office shall be responsible for developing written guidelines on the tape recording of interviews by government employees who conduct child abuse assessments, criminal investigations, or prosecutions. The guidelines are public data as defined in section 13.02, subdivision 14. 

Repealed Minnesota Session Laws: 201-H0011-1 

Laws 2005, First Special Session chapter 4, article 7, section 50
Sec. 50. CONSUMER-DIRECTED COMMUNITY SUPPORTS METHODOLOGY. 
(a) Effective upon federal approval, for persons using the home and community-based waiver for persons with developmental disabilities whose consumer-directed community supports budgets were reduced by the October 2004, state-set budget methodology, the commissioner of human services must allow exceptions to exceed the state-set budget formula up to the daily average cost during calendar year 2004 or for persons who graduated from school during 2004, the average daily cost during July through December 2004, less one-half of case management and home modifications over $5,000 when the individual's county of financial responsibility determines that: 

(1) necessary alternative services will cost the same or more than the person's current budget; and  

(2) administrative expenses or provider rates will result in fewer hours of needed staffing for the person than under the consumer-directed community supports option. Any exceptions the county grants must be within the county's allowable aggregate amount for the home and community-based waiver for persons with developmental disabilities. 

(b) This section expires on the date the commissioner of human services implements a new consumer-directed community supports budget methodology that is based on information about the services and supports intensity needs of persons using the option and that adequately accounts for the increased costs of adults who graduate from school and need services funded by the waiver during the day. 

Laws 2005, First Special Session chapter 4, article 7, section 51
Sec. 51. COSTS ASSOCIATED WITH PHYSICAL ACTIVITIES. 
Effective upon federal approval, the expenses allowed for adults under the consumer-directed community supports option shall include the costs at the lowest rate available considering daily, monthly, semi-annual, annual, or membership rates, including transportation, associated with physical exercise or other physical activities to maintain or improve the person's health and functioning. 

Laws 2012, chapter 247, article 4, section 47, as amended by Laws 2014, chapter 312, article 27, section 72; as amended by Laws 2015, chapter 71, article 7, section 58; as amended by Laws 2016, chapter 144, section 1; as amended by Laws 2017, First Special Session chapter 6, article 1, section 54
Sec. 72. Laws 2012, chapter 247, article 4, section 47, is amended to read:Sec. 47. COMMISSIONER TO SEEK AMENDMENT FOR EXCEPTION TO CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET METHODOLOGY. 
By July 1, 2014, if necessary, the commissioner shall request an amendment to the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.092 and 256B.49, to establish an exception to the consumer-directed community supports budget methodology to provide up to 20 percent more funds for those participants who have their 21st birthday and graduate from high school between 2013 to 2015 and are authorized for more services under consumer-directed community supports prior to graduation than the amount they are eligible to receive under the current consumer-directed community supports budget methodology. The exception is limited to those who can demonstrate that they will have to leave consumer-directed community supports and use other waiver services because their need for day or employment supports cannot be met within the consumer-directed community supports budget limits. The commissioner shall consult with the stakeholder group authorized under Minnesota Statutes, section 256B.0657, subdivision 11, to implement this provision. The exception process shall be effective upon federal approval for persons eligible through June 30, 2017. 

Laws 2015, chapter 71, article 7, section 54, as amended by Laws 2017, First Special Session chapter 6, article 1, section 54
Sec. 54. CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET METHODOLOGY EXCEPTION. 
(a) No later than September 30, 2015, if necessary, the commissioner of human services shall submit an amendment to the Centers for Medicare and Medicaid Services for the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.092 and 256B.49, to establish an exception to the consumer-directed community supports budget methodology to provide up to 20 percent more funds for: 

(1) consumer-directed community supports participants who have graduated from high school and have a coordinated service and support plan which identifies the need for more services under consumer-directed community supports, either prior to graduation or in order to increase the amount of time a person works or to improve their employment opportunities, than the amount they are eligible to receive under the current consumer-directed community supports budget methodology; and 

(2) home and community-based waiver participants who are currently using licensed services for employment supports or services during the day which cost more annually than the person would spend under a consumer-directed community supports plan for individualized employment supports or services during the day. 

(b) The exception under paragraph (a) is limited to those persons who can demonstrate either that they will have to leave consumer-directed community supports and use other waiver services because their need for day or employment supports cannot be met within the consumer-directed community supports budget limits or they will move to consumer-directed community supports and their services will cost less than services currently being used. 

EFFECTIVE DATE. 
The exception under this section is effective October 1, 2015, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when this occurs. 

Laws 2017, First Special Session chapter 6, article 1, section 44, as amended by Laws 2019, First Special Session chapter 9, article 5, section 80
Sec. 80. Laws 2017, First Special Session chapter 6, article 1, section 44, is amended to read:Sec. 44. EXPANSION OF CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET METHODOLOGY EXCEPTION. 
(a) No later than September 30, 2017, if necessary, the commissioner of human services shall submit an amendment to the Centers for Medicare and Medicaid Services for the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.092 and 256B.49, to expand the exception to the consumer-directed community supports budget methodology under Laws 2015, chapter 71, article 7, section 54, to provide up to 30 percent more funds for either: 

(1) consumer-directed community supports participants who have a coordinated service and support plan which identifies the need for an increased amount of services or supports under consumer-directed community supports than the amount they are currently receiving under the consumer-directed community supports budget methodology: 

(i) to increase the amount of time a person works or otherwise improves employment opportunities; 

(ii) to plan a transition to, move to, or live in a setting described in Minnesota Statutes, section 256D.44, subdivision 5, paragraph (g), clause (1), item (iii); or 

(iii) to develop and implement a positive behavior support plan; or 

(2) home and community-based waiver participants who are currently using licensed providers for (i) employment supports or services during the day; or (ii) residential services, either of which cost more annually than the person would spend under a consumer-directed community supports plan for any or all of the supports needed to meet the goals identified in paragraph (a), clause (1), items (i), (ii), and (iii). 

(b) The exception under paragraph (a), clause (1), is limited to those persons who can demonstrate that they will have to discontinue using consumer-directed community supports and accept other non-self-directed waiver services because their supports needed for the goals described in paragraph (a), clause (1), items (i), (ii), and (iii), cannot be met within the consumer-directed community supports budget limits. 

(c) The exception under paragraph (a), clause (2), is limited to those persons who can demonstrate that, upon choosing to become a consumer-directed community supports participant, the total cost of services, including the exception, will be less than the cost of current waiver services. 

Laws 2017, First Special Session chapter 6, article 1, section 45, as amended by Laws 2019, First Special Session chapter 9, article 5, section 81
Sec. 81. Laws 2017, First Special Session chapter 6, article 1, section 45, is amended to read:Sec. 45. CONSUMER-DIRECTED COMMUNITY SUPPORTS BUDGET METHODOLOGY.Subdivision 1.Exception for persons leaving institutions and crisis residential settings. 
(a) By September 30, 2017, the commissioner shall establish an institutional and crisis bed consumer-directed community supports budget exception process in the home and community-based services waivers under Minnesota Statutes, sections 256B.092 and 256B.49. This budget exception process shall be available for any individual who: 

(1) is not offered available and appropriate services within 60 days since approval for discharge from the individual's current institutional setting; and 

(2) requires services that are more expensive than appropriate services provided in a noninstitutional setting using the consumer-directed community supports option. 

(b) Institutional settings for purposes of this exception include intermediate care facilities for persons with developmental disabilities; nursing facilities; acute care hospitals; Anoka Metro Regional Treatment Center; Minnesota Security Hospital; and crisis beds. The budget exception shall be limited to no more than the amount of appropriate services provided in a noninstitutional setting as determined by the lead agency managing the individual's home and community-based services waiver. The lead agency shall notify the Department of Human Services of the budget exception. 

Subd. 2.Shared services. 
(a) Medical assistance payments for shared services under consumer-directed community supports are limited to this subdivision. 

(b) For purposes of this subdivision, "shared services" means services provided at the same time by the same direct care worker for individuals who have entered into an agreement to share consumer-directed community support services. 

(c) Shared services may include services in the personal assistance category as outlined in the consumer-directed community supports community support plan and shared services agreement, except: 

(1) services for more than three individuals provided by one worker at one time; 

(2) use of more than one worker for the shared services; and 

(3) a child care program licensed under chapter 245A or operated by a local school district or private school. 

(d) The individuals or, as needed, their representatives shall develop the plan for shared services when developing or amending the consumer-directed community supports plan, and must follow the consumer-directed community supports process for approval of the plan by the lead agency. The plan for shared services in an individual's consumer-directed community supports plan shall include the intention to utilize shared services based on individuals' needs and preferences. 

(e) Individuals sharing services must use the same financial management services provider. 

(f) Individuals whose consumer-directed community supports community support plans include the intention to utilize shared services must also jointly develop, with the support of their representatives as needed, a shared services agreement. This agreement must include: 

(1) the names of the individuals receiving shared services; 

(2) the individuals' representative, if identified in their consumer-directed community supports plans, and their duties; 

(3) the names of the case managers; 

(4) the financial management services provider; 

(5) the shared services that must be provided; 

(6) the schedule for shared services; 

(7) the location where shared services must be provided; 

(8) the training specific to each individual served; 

(9) the training specific to providing shared services to the individuals identified in the agreement; 

(10) instructions to follow all required documentation for time and services provided; 

(11) a contingency plan for each of the individuals that accounts for service provision and billing in the absence of one of the individuals in a shared services setting due to illness or other circumstances; 

(12) signatures of all parties involved in the shared services; and 

(13) agreement by each of the individuals who are sharing services on the number of shared hours for services provided. 

(g) Any individual or any individual's representative may withdraw from participating in a shared services agreement at any time. 

(h) The lead agency for each individual must authorize the use of the shared services option based on the criteria that the shared service is appropriate to meet the needs, health, and safety of each individual for whom they provide case management or care coordination. 

(i) Nothing in this subdivision must be construed to reduce the total authorized consumer-directed community supports budget for an individual. 

(j) No later than September 30, 2019, the commissioner of human services shall: 

(1) submit an amendment to the Centers for Medicare and Medicaid Services for the home and community-based services waivers authorized under Minnesota Statutes, sections 256B.0913, 256B.0915, 256B.092, and 256B.49, to allow for a shared services option under consumer-directed community supports; and 

(2) with stakeholder input, develop guidance for shared services in consumer-directed community-supports within the Community Based Services Manual. Guidance must include: 

(i) recommendations for negotiating payment for one-to-two and one-to-three services; and 

(ii) a template of the shared services agreement. 

EFFECTIVE DATE. 
This section is effective October 1, 2019, or upon federal approval, whichever is later, except for subdivision 2, paragraph (j), which is effective the day following final enactment. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained.