HF 1112

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2011 11:02am

A bill for an act
relating to human services; authorizing the White Earth Band of Ojibwe Indians
to provide human services and public assistance programs; appropriating money;
amending Minnesota Statutes 2010, sections 253B.212; 256.01, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 253B.212, is amended to read:

253B.212 COMMITMENT; RED LAKE BAND OF CHIPPEWA INDIANS new text begin ;
WHITE EARTH BAND OF OJIBWE new text end .

Subdivision 1.

Cost of care; commitment by tribal court order new text begin ; Red Lake
Band of Chippewa Indians new text end .

The commissioner of human services may contract with
and receive payment from the Indian Health Service of the United States Department of
Health and Human Services for the care and treatment of those members of the Red
Lake Band of Chippewa Indians who have been committed by tribal court order to the
Indian Health Service for care and treatment of mental illness, developmental disability, or
chemical dependency. The contract shall provide that the Indian Health Service may not
transfer any person for admission to a regional center unless the commitment procedure
utilized by the tribal court provided due process protections similar to those afforded
by sections 253B.05 to 253B.10.

new text begin Subd. 1a. new text end

new text begin Cost of care; commitment by tribal court order; White Earth Band of
Ojibwe Indians. new text end

new text begin The commissioner of human services may contract with and receive
payment from the Indian Health Service of the United States Department of Health and
Human Services for the care and treatment of those members of the White Earth Band
of Ojibwe Indians who have been committed by tribal court order to the Indian Health
Service for care and treatment of mental illness, developmental disability, or chemical
dependency. The contract shall provide that the Indian Health Service may not transfer
any person for admission to a regional center unless the commitment procedure utilized
by the tribal court provided due process protections similar to those afforded by sections
253B.05 to 253B.10.
new text end

Subd. 2.

Effect given to tribal commitment order.

When, under an agreement
entered into pursuant to deleted text begin subdivision 1 deleted text end new text begin subdivisions 1 or 1a new text end , the Indian Health Service
applies to a regional center for admission of a person committed to the jurisdiction of the
health service by the tribal court as a person who is mentally ill, developmentally disabled,
or chemically dependent, the commissioner may treat the patient with the consent of
the Indian Health Service.

A person admitted to a regional center pursuant to this section has all the rights
accorded by section 253B.03. In addition, treatment reports, prepared in accordance with
the requirements of section 253B.12, subdivision 1, shall be filed with the Indian Health
Service within 60 days of commencement of the patient's stay at the facility. A subsequent
treatment report shall be filed with the Indian Health Service within six months of the
patient's admission to the facility or prior to discharge, whichever comes first. Provisional
discharge or transfer of the patient may be authorized by the head of the treatment facility
only with the consent of the Indian Health Service. Discharge from the facility to the
Indian Health Service may be authorized by the head of the treatment facility after notice
to and consultation with the Indian Health Service.

Sec. 2.

Minnesota Statutes 2010, section 256.01, is amended by adding a subdivision
to read:

new text begin Subd. 14c. new text end

new text begin American Indian child welfare, social, and human services project;
White Earth Band of Ojibwe Indians. new text end

new text begin (a) The commissioner of human services shall
enter into a contractual agreement as authorized under subdivision 2, paragraph (a),
clause (7), with the White Earth Band of Ojibwe Indians for the tribe to provide all
human services and public assistance programs that are under the supervision of the
commissioner to tribal members who reside on the reservation. Grants may be issued to
the White Earth Band of Ojibwe Indians to support the project. The commissioner may
waive existing rules to support this project. The commissioner shall seek any federal
approvals necessary to carry out the project as well as seek and use any funds available to
the commissioner, including use of federal funds, foundation funds, existing grant funds,
and other funds. The commissioner is authorized to advance state funds as necessary to
operate the projects. Federal reimbursement applicable to the projects is appropriated to
the commissioner for purposes of the project.
new text end

new text begin (b) The commissioner shall redirect all funds provided to Mahnomen County for
services in this subdivision, including administrative expenses, to the White Earth Band
of Ojibwe Indians.
new text end

new text begin (c) The commissioner is authorized to determine the process by which programs not
currently provided by the White Earth Band will be transferred to the tribe.
new text end

new text begin (d) When the commissioner approves transfer of programs and the tribe assumes
responsibility under this section, Mahnomen County is relieved of responsibility for
providing program services to tribal members who live on the reservation while the tribal
project is in effect and funded.
new text end

new text begin (e) The tribe must comply with all reporting and record keeping requirements under
state and federal laws and rules.
new text end