HF 1129

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; defining and establishing 
  1.3             "transition services"; continuing the percentage of 
  1.4             cost for out-of-state treatment of children; allowing 
  1.5             grants for community-based services for adolescents 
  1.6             with serious emotional disturbances and violent 
  1.7             behavior; providing for an early childhood care and 
  1.8             education training advisory committee; establishing 
  1.9             outcomes for cultural dynamics training; changing 
  1.10            children's safety centers to family safety centers; 
  1.11            changing payments and funding for child care programs; 
  1.12            amending Minnesota Statutes 1994, sections 245.4871, 
  1.13            by adding a subdivision; 245.4875, by adding a 
  1.14            subdivision; 245.4882, subdivision 5; 245.4886, by 
  1.15            adding subdivisions; 245A.14, subdivision 7; 256F.09; 
  1.16            256H.01, subdivisions 9 and 12; 256H.02; 256H.03, 
  1.17            subdivisions 1, 2a, 4, 6, and by adding a subdivision; 
  1.18            256H.05, subdivision 6; 256H.08; 256H.11, subdivision 
  1.19            1; 256H.12, subdivision 1, and by adding a 
  1.20            subdivision; 256H.15, subdivision 1; 256H.18; and 
  1.21            256H.20, subdivision 3a; repealing Minnesota Statutes 
  1.22            1994, section 256H.03, subdivisions 2 and 5. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 1994, section 245.4871, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 35.  [TRANSITION SERVICES.] "Transition services" 
  1.27  means a coordinated set of activities, designed within an 
  1.28  outcome oriented process that promotes movement from school to 
  1.29  postschool activities, including post-secondary education, 
  1.30  vocational training, integrated employment including supported 
  1.31  employment, continuing and adult education, adult mental health 
  1.32  and social services, other adult services, independent living, 
  1.33  or community participation. 
  1.34     Sec. 2.  Minnesota Statutes 1994, section 245.4875, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 8.  [TRANSITION SERVICES.] The county board may 
  2.3   continue to provide services as defined in sections 245.487 to 
  2.4   245.4888 to persons over 18 years of age, but under 21 years of 
  2.5   age, if the person was receiving case management or family 
  2.6   community support services prior to age 18, and if one of the 
  2.7   following conditions is met:  
  2.8      (1) the person is receiving special education services 
  2.9   through the local school district; or 
  2.10     (2) it is in the best interest of the child to continue 
  2.11  services defined in sections 245.487 to 245.4888. 
  2.12     Sec. 3.  Minnesota Statutes 1994, section 245.4882, 
  2.13  subdivision 5, is amended to read: 
  2.14     Subd. 5.  [SPECIALIZED RESIDENTIAL TREATMENT SERVICES.] The 
  2.15  commissioner of human services shall continue efforts to further 
  2.16  interagency collaboration to develop a comprehensive system of 
  2.17  services, including family community support and specialized 
  2.18  residential treatment services for children.  The services shall 
  2.19  be designed for children with emotional disturbance who exhibit 
  2.20  violent or destructive behavior and for whom local treatment 
  2.21  services are not feasible due to the small number of children 
  2.22  statewide who need the services and the specialized nature of 
  2.23  the services required.  The services shall be located in 
  2.24  community settings.  If no appropriate services are available in 
  2.25  Minnesota or within the geographical area in which the residents 
  2.26  of the county normally do business, the commissioner is 
  2.27  responsible, effective July 1, 1995 1997, for 50 percent of the 
  2.28  nonfederal costs of out-of-state treatment of children for whom 
  2.29  no appropriate resources are available in Minnesota.  Counties 
  2.30  are eligible to receive enhanced state funding under this 
  2.31  section only if they have established juvenile screening teams 
  2.32  under section 260.151, subdivision 3, and if the out-of-state 
  2.33  treatment has been approved by the commissioner.  By January 1, 
  2.34  1995, the commissioners of human services and corrections shall 
  2.35  jointly develop a plan, including a financing strategy, for 
  2.36  increasing the in-state availability of treatment within a 
  3.1   secure setting.  By July 1, 1994, the commissioner of human 
  3.2   services shall also: 
  3.3      (1) conduct a study and develop a plan to meet the needs of 
  3.4   children with both a developmental disability and severe 
  3.5   emotional disturbance; and 
  3.6      (2) study the feasibility of expanding medical assistance 
  3.7   coverage to include specialized residential treatment for the 
  3.8   children described in this subdivision.  
  3.9      Sec. 4.  Minnesota Statutes 1994, section 245.4886, is 
  3.10  amended by adding a subdivision to read: 
  3.11     Subd. 3.  [GRANTS FOR ADOLESCENT SERVICES.] The 
  3.12  commissioner may make grants for community-based services for 
  3.13  adolescents who have serious emotional disturbance and exhibit 
  3.14  violent behavior.  The commissioner may administer these grants 
  3.15  as a supplement to the grants for children's community-based 
  3.16  mental health services under subdivision 1.  The same 
  3.17  administrative requirements shall apply to these grants as the 
  3.18  grants under subdivision 1, except that these grants: 
  3.19     (1) shall be primarily for services in the Twin Cities 
  3.20  metropolitan area; 
  3.21     (2) may be used for assessment, treatment, placement 
  3.22  assistance, specialized adolescent community-based residential 
  3.23  treatment, and community transition services for adolescents who 
  3.24  have serious emotional disturbance and exhibit violent behavior; 
  3.25     (3) must, wherever possible, be administered under the 
  3.26  auspices of a children's mental health collaborative established 
  3.27  under section 245.491; and 
  3.28     (4) must be based on a proposal submitted to the 
  3.29  commissioner by a children's mental health collaborative or a 
  3.30  county board. 
  3.31     Sec. 5.  Minnesota Statutes 1994, section 245.4886, is 
  3.32  amended by adding a subdivision to read: 
  3.33     Subd. 4.  [FUNDING FOR TRANSITION SERVICES.] The county 
  3.34  board may use funding provided under this section to provide 
  3.35  transition services for children age 18 to 21 according to 
  3.36  sections 245.4871, subdivision 35, and 245.4875, subdivision 8. 
  4.1      Sec. 6.  Minnesota Statutes 1994, section 245A.14, 
  4.2   subdivision 7, is amended to read: 
  4.3      Subd. 7.  [CULTURAL DYNAMICS TRAINING FOR CHILD CARE 
  4.4   PROVIDERS.] (a) The ongoing training required of licensed child 
  4.5   care centers center staff and group family and group family 
  4.6   child care providers and staff shall include training in the 
  4.7   cultural dynamics of early childhood development and child care 
  4.8   as an option. 
  4.9      (b) The cultural dynamics training must include, but not be 
  4.10  limited to, the following:  awareness of the value and dignity 
  4.11  of different cultures and how different cultures complement each 
  4.12  other; awareness of the emotional, physical, and mental needs of 
  4.13  children and families of different cultures; knowledge of 
  4.14  current and traditional roles of women and men in different 
  4.15  cultures, communities, and family environments; and awareness of 
  4.16  the diversity of child rearing practices and parenting 
  4.17  traditions. shall be designed to achieve outcomes for providers 
  4.18  of child care that include, but are not limited to: 
  4.19     (1) an understanding of the importance of culture in 
  4.20  children's identity development; 
  4.21     (2) understanding the importance of awareness of culture 
  4.22  differences in working with children and their families; 
  4.23     (3) developing skills to help children develop unbiased 
  4.24  attitudes about cultural differences; and 
  4.25     (4) developing skills in culturally appropriate 
  4.26  caregiving.  Curriculum for cultural dynamics training shall be 
  4.27  approved by the commissioner of human services. 
  4.28     (c) The commissioner of human services shall amend current 
  4.29  rules relating to the initial training of the licensed child 
  4.30  care center staff and licensed providers included in paragraph 
  4.31  (a) of family and group family child care and staff to require 
  4.32  cultural dynamics training upon determining that sufficient 
  4.33  curriculum is developed statewide.  Timelines established in the 
  4.34  rule amendments for complying with the cultural dynamics 
  4.35  training requirements shall be based on the commissioner's 
  4.36  determination that curriculum materials and trainers are 
  5.1   available statewide. 
  5.2      Sec. 7.  Minnesota Statutes 1994, section 256F.09, is 
  5.3   amended to read: 
  5.4      256F.09 [GRANTS FOR CHILDREN'S FAMILY SAFETY CENTERS.] 
  5.5      Subdivision 1.  [PURPOSE.] The commissioner shall issue a 
  5.6   request for proposals from existing local nonprofit, 
  5.7   nongovernmental organizations, to use existing local facilities 
  5.8   as pilot children's family safety centers.  The commissioner 
  5.9   shall award grants in amounts up to $50,000 for the purpose of 
  5.10  creating children's or maintaining family safety centers to 
  5.11  reduce children's vulnerability to violence and trauma related 
  5.12  to family visitation, where there has been a history of domestic 
  5.13  violence or abuse within the family.  At least one of the pilot 
  5.14  projects shall be located in the seven-county metropolitan area 
  5.15  and at least one of the projects shall be located outside the 
  5.16  seven-county metropolitan area, and the commissioner shall award 
  5.17  the grants to provide the greatest possible number of safety 
  5.18  centers and to locate them to provide for the broadest possible 
  5.19  geographic distribution of the centers throughout the state.  
  5.20     Each children's family safety center must use existing 
  5.21  local facilities to provide a healthy interactive environment 
  5.22  for parents who are separated or divorced and for parents with 
  5.23  children in foster homes to visit with their children.  The 
  5.24  centers must be available for use by district courts who may 
  5.25  order visitation to occur at a safety center.  The centers may 
  5.26  also be used as drop-off sites, so that parents who are under 
  5.27  court order to have no contact with each other can exchange 
  5.28  children for visitation at a neutral site.  Each center must 
  5.29  provide sufficient security to ensure a safe visitation 
  5.30  environment for children and their parents.  A grantee must 
  5.31  demonstrate the ability to provide a local match, which may 
  5.32  include in-kind contributions. 
  5.33     Subd. 2.  [PRIORITIES.] In awarding grants under the 
  5.34  program, the commissioner shall give priority to: 
  5.35     (1) areas of the state where no children's other family 
  5.36  safety center or similar facility exists; 
  6.1      (2) applicants who demonstrate that private funding for the 
  6.2   center is available and will continue; and 
  6.3      (3) facilities that are adapted for use to care for 
  6.4   children, such as day care centers, religious institutions, 
  6.5   community centers, schools, technical colleges, parenting 
  6.6   resource centers, and child care referral services. 
  6.7      Subd. 3.  [ADDITIONAL SERVICES.] Each center may provide 
  6.8   parenting and child development classes, and offer support 
  6.9   groups to participating custodial parents and hold regular 
  6.10  classes designed to assist children who have experienced 
  6.11  domestic violence and abuse. 
  6.12     Subd. 4.  [REPORT.] The commissioner shall evaluate the 
  6.13  operation of the pilot children's family safety centers and 
  6.14  report to the legislature by February 1, 1994, with 
  6.15  recommendations. 
  6.16     Sec. 8.  Minnesota Statutes 1994, section 256H.01, 
  6.17  subdivision 9, is amended to read: 
  6.18     Subd. 9.  [FAMILY.] "Family" means parents, stepparents, 
  6.19  guardians and their spouses, or other eligible relative 
  6.20  caretakers and their spouses, and their blood related dependent 
  6.21  children and adoptive siblings under the age of 18 years living 
  6.22  in the same home including children temporarily absent from the 
  6.23  household in settings such as schools, foster care, and 
  6.24  residential treatment facilities.  When a minor parent or 
  6.25  parents and his, her, or their child or children are living with 
  6.26  other relatives, and the minor parent or parents apply for a 
  6.27  child care subsidy, "family" means only the minor parent or 
  6.28  parents and the child or children.  An adult may be considered a 
  6.29  dependent member of the family unit if 50 percent of the adult's 
  6.30  support is being provided by the parents, stepparents, guardians 
  6.31  and their spouses, or eligible relative caretakers and their 
  6.32  spouses, residing in the same household.  An adult age 18 who is 
  6.33  a full-time high school student and can reasonably be expected 
  6.34  to graduate before age 19 may be considered a dependent member 
  6.35  of the family unit. 
  6.36     Sec. 9.  Minnesota Statutes 1994, section 256H.01, 
  7.1   subdivision 12, is amended to read: 
  7.2      Subd. 12.  [PROVIDER.] "Provider" means a child care 
  7.3   license holder who operates a family day care home, a group 
  7.4   family day care home, a day care center, a nursery school, a day 
  7.5   nursery, an extended day school age child care program; a person 
  7.6   exempt from licensure who meets child care standards established 
  7.7   legal nonlicensed extended day school age child care program 
  7.8   which operates under the auspices of a local school board that 
  7.9   has adopted school age child care standards which meet or exceed 
  7.10  standards recommended by the state board department of 
  7.11  education; or a legal nonlicensed caregiver who is at least 18 
  7.12  years of age, and who is not a member of the AFDC assistance 
  7.13  unit.  
  7.14     Sec. 10.  Minnesota Statutes 1994, section 256H.02, is 
  7.15  amended to read: 
  7.16     256H.02 [DUTIES OF COMMISSIONER.] 
  7.17     The commissioner shall develop standards for county and 
  7.18  human services boards to provide child care services to enable 
  7.19  eligible families to participate in employment, training, or 
  7.20  education programs.  Within the limits of available 
  7.21  appropriations, the commissioner shall distribute money to 
  7.22  counties to reduce the costs of child care for eligible 
  7.23  families.  The commissioner shall adopt rules to govern the 
  7.24  program in accordance with this section.  The rules must 
  7.25  establish a sliding schedule of fees for parents receiving child 
  7.26  care services.  In the rules adopted under this section, county 
  7.27  and human services boards shall be authorized to establish 
  7.28  policies for payment of child care spaces for absent children, 
  7.29  when the payment is required by the child's regular provider.  
  7.30  The rules shall not set a maximum number of days for which 
  7.31  absence payments can be made, but instead shall direct the 
  7.32  county agency to set limits and pay for absences according to 
  7.33  the prevailing market practice in the county.  County policies 
  7.34  for payment of absences shall be subject to the approval of the 
  7.35  commissioner.  The commissioner shall maximize the use of 
  7.36  federal money under the AFDC employment special needs program in 
  8.1   section 256.736, subdivision 8, and other programs that provide 
  8.2   federal reimbursement for child care services for recipients of 
  8.3   aid to families with dependent children who are in education, 
  8.4   training, job search, or other activities allowed under those 
  8.5   programs.  Money appropriated under this section must be 
  8.6   coordinated with the AFDC employment special needs program and 
  8.7   other programs that provide federal reimbursement for child care 
  8.8   services to accomplish this purpose.  Federal reimbursement 
  8.9   obtained must be allocated to the county that spent money for 
  8.10  child care that is federally reimbursable under programs that 
  8.11  provide federal reimbursement for child care services.  The 
  8.12  counties shall use the federal money to expand child care 
  8.13  services.  The commissioner may adopt rules under chapter 14 to 
  8.14  implement and coordinate federal program requirements. 
  8.15     Sec. 11.  Minnesota Statutes 1994, section 256H.03, 
  8.16  subdivision 1, is amended to read: 
  8.17     Subdivision 1.  [ALLOCATION PERIOD; NOTICE OF ALLOCATION.] 
  8.18  When the commissioner notifies county and human service boards 
  8.19  of the forms and instructions they are to follow in the 
  8.20  development of their biennial community social services plans 
  8.21  required under section 256E.08, the commissioner shall also 
  8.22  notify county and human services boards of their estimated child 
  8.23  care fund program allocation for the two years covered by the 
  8.24  plan.  By June October 1 of each year, the commissioner shall 
  8.25  notify all counties of their final child care fund program 
  8.26  allocation. 
  8.27     Sec. 12.  Minnesota Statutes 1994, section 256H.03, 
  8.28  subdivision 2a, is amended to read: 
  8.29     Subd. 2a.  [ELIGIBLE RECIPIENTS.] Families that meet the 
  8.30  eligibility requirements under sections 256H.10, except AFDC 
  8.31  recipients, MFIP recipients, and transition year families, and 
  8.32  256H.11 are eligible for child care assistance under the basic 
  8.33  sliding fee program.  From July 1, 1990, to June 30, 1991, a 
  8.34  county may not accept new applications for the basic sliding fee 
  8.35  program unless the county can demonstrate that its state money 
  8.36  expenditures for the basic sliding fee program for this period 
  9.1   will not exceed 95 percent of the county's allocation of state 
  9.2   money for the fiscal year ending June 30, 1990.  As basic 
  9.3   sliding fee program money becomes available to serve new 
  9.4   families, eligible families whose benefits were terminated 
  9.5   during the fiscal year ending June 30, 1990, for reasons other 
  9.6   than loss of eligibility shall be reinstated.  Families enrolled 
  9.7   in the basic sliding fee program as of July 1, 1990, shall be 
  9.8   continued until they are no longer eligible.  Counties shall 
  9.9   make vendor payments to the child care provider or pay the 
  9.10  parent directly for eligible child care expenses on a 
  9.11  reimbursement basis.  Child care assistance provided through the 
  9.12  child care fund is considered assistance to the parent. 
  9.13     Sec. 13.  Minnesota Statutes 1994, section 256H.03, 
  9.14  subdivision 4, is amended to read: 
  9.15     Subd. 4.  [ALLOCATION FORMULA.] Beginning July 1, 1992 
  9.16  January 1, 1996, the basic sliding fee state and federal funds 
  9.17  shall be allocated on a calendar year basis.  Funds shall be 
  9.18  allocated first in amounts equal to each county's guaranteed 
  9.19  floor according to subdivision 6, with any remaining available 
  9.20  funds allocated according to the following formula:  
  9.21     (a) One-half One-third of the funds shall be allocated in 
  9.22  proportion to each county's total expenditures for the basic 
  9.23  sliding fee child care program reported during the 12-month 
  9.24  period ending on December 31 of the preceding state fiscal 
  9.25  year most recent calendar year completed at the time of the 
  9.26  notice of allocation.  
  9.27     (b) One-fourth One-third of the funds shall be allocated 
  9.28  based on the number of children under age 13 in each county who 
  9.29  are enrolled in general assistance medical care, medical 
  9.30  assistance, and the children's health plan on July 1, of each 
  9.31  year MinnesotaCare on December 31 of the most recent calendar 
  9.32  year completed at the time of the notice of allocation. 
  9.33     (c) One-fourth One-third of the funds shall be allocated 
  9.34  based on the number of children under age 13 who reside in each 
  9.35  county, from the most recent estimates of the state demographer. 
  9.36     Sec. 14.  Minnesota Statutes 1994, section 256H.03, is 
 10.1   amended by adding a subdivision to read: 
 10.2      Subd. 4a.  [SIX-MONTH ALLOCATION.] For the period from July 
 10.3   1, 1995, to December 31, 1995, every county shall receive an 
 10.4   allocation at least equal and proportionate to one-half of its 
 10.5   original allocation in state fiscal year 1995.  This six-month 
 10.6   allocation shall be combined with the calendar year 1996 
 10.7   allocation and be administered as one 18-month allocation. 
 10.8      Sec. 15.  Minnesota Statutes 1994, section 256H.03, 
 10.9   subdivision 6, is amended to read: 
 10.10     Subd. 6.  [GUARANTEED FLOOR.] (a) Each county's guaranteed 
 10.11  floor shall equal the lesser of:  
 10.12     (1) the county's original allocation in the preceding state 
 10.13  fiscal year; or 
 10.14     (2) 110 percent of the county's basic sliding fee child 
 10.15  care program state and federal earnings for the 12-month period 
 10.16  ending on December 31 of the preceding state fiscal year.  For 
 10.17  purposes of this clause, "state and federal earnings" means the 
 10.18  reported direct child care expenditures adjusted for the 
 10.19  administrative allowance and 15 percent required county 
 10.20  match. Beginning January 1, 1996, each county's guaranteed floor 
 10.21  shall equal 90 percent of the allocation received in the 
 10.22  preceding calendar year.  For the calendar year 1996 allocation, 
 10.23  the preceding calendar year shall be considered to be double the 
 10.24  six-month allocation as provided for in subdivision 4a.  
 10.25     (b) When the amount of funds available for allocation is 
 10.26  less than the amount available in the previous year, each 
 10.27  county's previous year allocation shall be reduced in proportion 
 10.28  to the reduction in the statewide funding, for the purpose of 
 10.29  establishing the guaranteed floor.  
 10.30     Sec. 16.  Minnesota Statutes 1994, section 256H.05, 
 10.31  subdivision 6, is amended to read: 
 10.32     Subd. 6.  [NON-STRIDE AFDC CHILD CARE PROGRAM ACCESS CHILD 
 10.33  CARE PROGRAM.] Starting one month after April 30, 1992, the 
 10.34  department of human services shall reimburse eligible 
 10.35  expenditures for 2,000 family slots for AFDC caretakers not 
 10.36  eligible for services under section 256.736, who are engaged in 
 11.1   an authorized educational or job search program.  Each county 
 11.2   will receive a number of family slots based on the county's 
 11.3   proportion of the AFDC caseload.  A county must receive at least 
 11.4   two family slots.  Eligibility and reimbursement are limited to 
 11.5   the number of family slots allocated to each county.  County 
 11.6   agencies shall authorize an educational plan for each student 
 11.7   and may prioritize families eligible for this program in their 
 11.8   child care fund plan upon approval of the commissioner of human 
 11.9   services.  (a) Persons eligible for but unable to participate in 
 11.10  the JOBS (STRIDE) program because of a waiting list may be 
 11.11  accepted as a new participant, or continue to participate in the 
 11.12  ACCESS child care program if a slot is available as long as all 
 11.13  other eligibility factors are met.  Child care assistance must 
 11.14  continue under the ACCESS child care program until the 
 11.15  participant loses eligibility or is enrolled in project STRIDE. 
 11.16     (b)(1) Effective July 1, 1995, the department of human 
 11.17  services shall reclaim 90 percent of the vacant slots in each 
 11.18  county and distribute those slots to counties with waiting lists 
 11.19  of persons eligible for the ACCESS child care program.  The 
 11.20  slots must be distributed to eligible families based on the July 
 11.21  1, 1995, waiting list placement date, first come, first served 
 11.22  basis. 
 11.23     (2) ACCESS child care slots remaining after the waiting 
 11.24  list under clause (1) has been eliminated must be distributed to 
 11.25  eligible families on a first come, first served basis, based on 
 11.26  the client's date of request. 
 11.27     (3) The county must notify the department of human services 
 11.28  when an ACCESS slot in the county becomes available.  
 11.29  Notification by the county must be within five calendar days of 
 11.30  the effective date of the termination of the ACCESS child care 
 11.31  services.  The resulting vacant slot must be returned to the 
 11.32  department of human services.  The slot must then be 
 11.33  redistributed under clause (2). 
 11.34     (4) The commissioner shall consult with the task force on 
 11.35  child care and make recommendations to the 1996 legislature for 
 11.36  future distribution of the ACCESS slots under this paragraph. 
 12.1      Sec. 17.  Minnesota Statutes 1994, section 256H.08, is 
 12.2   amended to read: 
 12.3      256H.08 [USE OF MONEY.] 
 12.4      Money for persons listed in sections 256H.03, subdivision 
 12.5   2a, and 256H.05, subdivision 1b, shall be used to reduce the 
 12.6   costs of child care for students, including the costs of child 
 12.7   care for students while employed if enrolled in an eligible 
 12.8   education program at the same time and making satisfactory 
 12.9   progress towards completion of the program.  Counties may not 
 12.10  limit the duration of child care subsidies for a person in an 
 12.11  employment or educational program, except when the person is 
 12.12  found to be ineligible under the child care fund eligibility 
 12.13  standards.  Any limitation must be based on a person's 
 12.14  employability plan in the case of an AFDC recipient, and county 
 12.15  policies included in the child care allocation plan.  Time 
 12.16  limitations for child care assistance, as specified in Minnesota 
 12.17  Rules, parts 9565.5000 to 9565.5200, do not apply to basic or 
 12.18  remedial educational programs needed to prepare for 
 12.19  post-secondary education or employment.  These programs 
 12.20  include:  high school, general equivalency diploma, and English 
 12.21  as a second language.  Programs exempt from this time limit must 
 12.22  not run concurrently with a post-secondary program.  High school 
 12.23  students who are participating in a post-secondary options 
 12.24  program and who receive a high school diploma issued by the 
 12.25  school district are exempt from the time limitations while 
 12.26  pursuing a high school diploma.  Financially eligible students 
 12.27  who have received child care assistance for one academic year 
 12.28  shall be provided child care assistance in the following 
 12.29  academic year if funds allocated under sections 256H.03 and 
 12.30  256H.05 are available.  If an AFDC recipient who is receiving 
 12.31  AFDC child care assistance under this chapter moves to another 
 12.32  county, continues to participate in educational or training 
 12.33  programs authorized in their employability development plans, 
 12.34  and continues to be eligible for AFDC child care assistance 
 12.35  under this chapter, the AFDC caretaker must receive continued 
 12.36  child care assistance from the county responsible for their 
 13.1   current employability development plan, without interruption. 
 13.2      Sec. 18.  Minnesota Statutes 1994, section 256H.11, 
 13.3   subdivision 1, is amended to read: 
 13.4      Subdivision 1.  [ASSISTANCE FOR PERSONS SEEKING AND 
 13.5   RETAINING EMPLOYMENT.] Persons who are seeking employment and 
 13.6   who are eligible for assistance under this section are eligible 
 13.7   to receive the equivalent of up to one month of child care up to 
 13.8   240 hours of child care assistance per calendar year.  Employed 
 13.9   persons who work at least an average of ten hours a week and 
 13.10  receive at least a minimum wage for all hours worked are 
 13.11  eligible for continued child care assistance.  
 13.12     Sec. 19.  Minnesota Statutes 1994, section 256H.12, 
 13.13  subdivision 1, is amended to read: 
 13.14     Subdivision 1.  [COUNTY CONTRIBUTIONS REQUIRED.] Beginning 
 13.15  July 1, 1995, in addition to payments from parents basic sliding 
 13.16  fee child care program participants, counties shall contribute 
 13.17  from county tax or other sources a minimum of 15 percent of the 
 13.18  cost of the basic sliding fee program at the local match 
 13.19  percentage calculated according to subdivision 1a.  The 
 13.20  commissioner shall recover funds from the county as necessary to 
 13.21  bring county expenditures into compliance with this subdivision. 
 13.22     Sec. 20.  Minnesota Statutes 1994, section 256H.12, is 
 13.23  amended by adding a subdivision to read: 
 13.24     Subd. 1a.  [LOCAL MATCH PERCENTAGE.] The local match 
 13.25  percentage shall equal the lesser of either 15 percent of the 
 13.26  cost of the basic sliding fee program or the statewide required 
 13.27  local match in state fiscal year 1995, divided by the sum of the 
 13.28  current year's basic sliding fee allocation, plus the statewide 
 13.29  required local match in state fiscal year 1995.  For purposes of 
 13.30  this computation, the statewide required local match in state 
 13.31  fiscal year 1995 shall be equal to the initial state fiscal year 
 13.32  1995 basic sliding fee allocation, divided by 85 percent, and 
 13.33  then multiplied by 15 percent.  The calendar year 1996 local 
 13.34  match percentage shall be in effect for the six-month allocation 
 13.35  period defined in section 256H.03. 
 13.36     Sec. 21.  Minnesota Statutes 1994, section 256H.15, 
 14.1   subdivision 1, is amended to read: 
 14.2      Subdivision 1.  [SUBSIDY RESTRICTIONS.] (a) Until June 30, 
 14.3   1991, the maximum child care rate is determined under this 
 14.4   paragraph.  The county board may limit the subsidy allowed by 
 14.5   setting a maximum on the provider child care rate that the 
 14.6   county shall subsidize.  The maximum rate set by any county 
 14.7   shall not be lower than 110 percent or higher than 125 percent 
 14.8   of the median rate in that county for like care arrangements for 
 14.9   all types of care, including special needs and handicapped care, 
 14.10  as determined by the commissioner.  If the county sets a maximum 
 14.11  rate, it must pay the provider's rate for each child receiving a 
 14.12  subsidy, up to the maximum rate set by the county.  If a county 
 14.13  does not set a maximum provider rate, it shall pay the 
 14.14  provider's rate for every child in care.  The maximum state 
 14.15  payment is 125 percent of the median provider rate.  If the 
 14.16  county has not set a maximum provider rate and the provider rate 
 14.17  is greater than 125 percent of the median provider rate in the 
 14.18  county, the county shall pay the amount in excess of 125 percent 
 14.19  of the median provider rate from county funding sources.  The 
 14.20  county shall pay the provider's full charges for every child in 
 14.21  care up to the maximum established.  The commissioner shall 
 14.22  determine the maximum rate for each type of care, including 
 14.23  special needs and handicapped care.  
 14.24     (b) Effective July 1, 1991, the maximum rate paid for child 
 14.25  care assistance under the child care fund is the maximum rate 
 14.26  eligible for federal reimbursement except that a provider 
 14.27  receiving reimbursement under paragraph (a) as of January 1, 
 14.28  1991, shall be paid at a rate no less than the rate of 
 14.29  reimbursement received under that paragraph.  A rate which 
 14.30  includes a provider bonus paid under subdivision 2 or a special 
 14.31  needs rate paid under subdivision 3 may be in excess of the 
 14.32  maximum rate allowed under this subdivision.  The department of 
 14.33  human services shall monitor the effect of this paragraph on 
 14.34  provider rates.  The county shall pay the provider's full 
 14.35  charges for every child in care up to the maximum established.  
 14.36  The commissioner shall determine the maximum rate for each type 
 15.1   of care, including special needs and handicapped care.  
 15.2      (c) When the provider charge is greater than the maximum 
 15.3   provider rate allowed, the parent is responsible for payment of 
 15.4   the difference in the rates in addition to any family copayment 
 15.5   fee. 
 15.6      Sec. 22.  Minnesota Statutes 1994, section 256H.18, is 
 15.7   amended to read: 
 15.8      256H.18 [ADMINISTRATIVE EXPENSES.] 
 15.9      The commissioner shall use up to seven percent one-eleventh 
 15.10  of the state and federal funds appropriated available for the 
 15.11  basic sliding fee program for payments to counties for 
 15.12  administrative expenses.  The commissioner shall use up to ten 
 15.13  percent of federal funds for payments to counties for 
 15.14  administrative expenses. 
 15.15     Sec. 23.  Minnesota Statutes 1994, section 256H.20, 
 15.16  subdivision 3a, is amended to read: 
 15.17     Subd. 3a.  [GRANT REQUIREMENTS AND PRIORITY.] Priority for 
 15.18  awarding resource and referral grants shall be given in the 
 15.19  following order: 
 15.20     (1) start up resource and referral programs in areas of the 
 15.21  state where they do not exist; and 
 15.22     (2) improve resource and referral programs. 
 15.23     Resource and referral programs shall meet the following 
 15.24  requirements:  
 15.25     (a) Each program shall identify all existing child care 
 15.26  services through information provided by all relevant public and 
 15.27  private agencies in the areas of service, and shall develop a 
 15.28  resource file of the services which shall be maintained and 
 15.29  updated at least quarterly.  These services must include family 
 15.30  day care homes; public and private day care programs; full-time 
 15.31  and part-time programs; infant, preschool, and extended care 
 15.32  programs; and programs for school age children. 
 15.33     The resource file must include:  the type of program, hours 
 15.34  of program service, ages of children served, fees, location of 
 15.35  the program, eligibility requirements for enrollment, special 
 15.36  needs services, and transportation available to the program.  
 16.1   The file may also include program information and special 
 16.2   program features. 
 16.3      (b) Each resource and referral program shall establish a 
 16.4   referral process which responds to parental need for information 
 16.5   and which fully recognizes confidentiality rights of parents.  
 16.6   The referral process must afford parents maximum access to all 
 16.7   referral information.  This access must include telephone 
 16.8   referral available for no less than 20 hours per week. 
 16.9      Each child care resource and referral agency shall 
 16.10  publicize its services through popular media sources, agencies, 
 16.11  employers, and other appropriate methods. 
 16.12     (c) Each resource and referral program shall maintain 
 16.13  ongoing documentation of requests for service.  All child care 
 16.14  resource and referral agencies must maintain documentation of 
 16.15  the number of calls and contacts to the child care information 
 16.16  and referral agency or component.  A resource and referral 
 16.17  program shall collect and maintain the following information: 
 16.18     (1) ages of children served; 
 16.19     (2) time category of child care request for each child; 
 16.20     (3) special time category, such as nights, weekends, and 
 16.21  swing shift; and 
 16.22     (4) reason that the child care is needed. 
 16.23     (d) Each resource and referral program shall make available 
 16.24  the following information as an educational aid to parents: 
 16.25     (1) information on aspects of evaluating the quality and 
 16.26  suitability of child care services, including licensing 
 16.27  regulation, financial assistance available, child abuse 
 16.28  reporting procedures, appropriate child development information; 
 16.29     (2) information on available parent, early childhood, and 
 16.30  family education programs in the community. 
 16.31     (e) On or after one year of operation a resource and 
 16.32  referral program shall provide technical assistance to employers 
 16.33  and existing and potential providers of all types of child care 
 16.34  services.  This assistance shall include: 
 16.35     (1) information on all aspects of initiating new child care 
 16.36  services including licensing, zoning, program and budget 
 17.1   development, and assistance in finding information from other 
 17.2   sources; 
 17.3      (2) information and resources which help existing child 
 17.4   care providers to maximize their ability to serve the children 
 17.5   and parents of their community; 
 17.6      (3) dissemination of information on current public issues 
 17.7   affecting the local and state delivery of child care services; 
 17.8      (4) facilitation of communication between existing child 
 17.9   care providers and child-related services in the community 
 17.10  served; 
 17.11     (5) recruitment of licensed providers; and 
 17.12     (6) options, and the benefits available to employers 
 17.13  utilizing the various options, to expand child care services to 
 17.14  employees. 
 17.15     Services prescribed by this section must be designed to 
 17.16  maximize parental choice in the selection of child care and to 
 17.17  facilitate the maintenance and development of child care 
 17.18  services and resources. 
 17.19     (f) Child care resource and referral information must be 
 17.20  provided to all persons requesting services and to all types of 
 17.21  child care providers and employers. 
 17.22     (g) Each resource and referral program shall coordinate 
 17.23  early childhood training for child care providers in that 
 17.24  program's service delivery area.  The resource and referral 
 17.25  program shall convene an early childhood care and education 
 17.26  training advisory committee to assist in the following 
 17.27  activities: 
 17.28     (1) assess the early childhood care and education training 
 17.29  needs of child care center staff and family and group family 
 17.30  child care providers; 
 17.31     (2) coordinate existing early childhood care and education 
 17.32  training; 
 17.33     (3) develop new early childhood care and education training 
 17.34  opportunities; and 
 17.35     (4) publicize all early childhood training classes and 
 17.36  workshops to child care center staff and family and group family 
 18.1   child care providers in the service delivery area. 
 18.2      (h) Public or private entities may apply to the 
 18.3   commissioner for funding.  A local match of up to 25 percent is 
 18.4   required. 
 18.5      Sec. 24.  [REPEALER.] 
 18.6      Minnesota Statutes 1994, section 256H.03, subdivisions 2 
 18.7   and 5, are repealed.