1.1                          A bill for an act
  1.2             relating to human services; placing a moratorium on 
  1.3             the establishment, licensure, and public financing of 
  1.4             large institutions for children; requiring a study on 
  1.5             children and families whose needs are not being met by 
  1.6             the current child welfare or social services systems. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [MORATORIUM ON LARGE INSTITUTIONS FOR 
  1.9   CHILDREN.] 
  1.10     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.11  section, "large institution for children" means a program or 
  1.12  facility that has the capacity to provide 24-hour care for 50 or 
  1.13  more children under the age of 18.  A large institution for 
  1.14  children includes a program or facility in which the children 
  1.15  leave the facility for part of the day for education, 
  1.16  recreation, or other purposes. 
  1.17     Subd. 2.  [MORATORIUM.] The legislature declares a 
  1.18  moratorium on the establishment, licensure, and public financing 
  1.19  of large institutions for children.  The moratorium remains in 
  1.20  effect until August 1, 2005.  The commissioners of human 
  1.21  services and corrections are prohibited from issuing residential 
  1.22  program licenses for facilities of 50 beds or more while the 
  1.23  moratorium is in effect. 
  1.24     Subd. 3.  [EXCEPTIONS.] The moratorium under this section 
  1.25  does not apply to (1) a program or facility that has already 
  1.26  been approved under Laws 1998, chapter 398, article 5, section 
  2.1   46; or (2) a program or facility approved by a city council 
  2.2   before the effective date of this section. 
  2.3      Subd. 4.  [LARGE INSTITUTIONS FOR CHILDREN STUDY.] (a) By 
  2.4   January 15, 2005, the commissioner of human services must study 
  2.5   children and families in this state whose needs are not being 
  2.6   met by the current child welfare or social services systems and 
  2.7   make a recommendation on the most appropriate care options for 
  2.8   the children and families identified in the study.  The study 
  2.9   must include an analysis and evaluation of: 
  2.10     (1) children and families whose needs are not being met by 
  2.11  the current child welfare or social services systems; 
  2.12     (2) the needs of the children and families identified under 
  2.13  clause (1); 
  2.14     (3) how the needs under clause (2) can be met, and the care 
  2.15  options available including, but not limited to, foster care and 
  2.16  institutional care; and 
  2.17     (4) a recommendation on the most appropriate care options 
  2.18  for families and children. 
  2.19     (b) If the most appropriate care option for certain 
  2.20  children and families includes institutional care, the study 
  2.21  must include a process to approve or certify the institutional 
  2.22  programs and facilities. 
  2.23     (c) When conducting the study, the commissioner must seek 
  2.24  input from the following: 
  2.25     (1) child advocates; 
  2.26     (2) county social services officials; 
  2.27     (3) local elected officials; 
  2.28     (4) adoptive and birth parents; 
  2.29     (5) foster parents; 
  2.30     (6) relative caregivers; 
  2.31     (7) nonprofit children's agencies; 
  2.32     (8) the commissioner of children, families, and learning; 
  2.33     (9) the commissioner of corrections; 
  2.34     (10) other state agency staff as deemed necessary; 
  2.35     (11) organizations representing communities of color; 
  2.36     (12) tribal representatives; and 
  3.1      (13) officials from the academic community. 
  3.2      (d) By January 15, 2005, the commissioner must report to 
  3.3   the chairs and ranking minority members of the house and senate 
  3.4   committees having jurisdiction over human services issues on the 
  3.5   findings of the study under this subdivision.