HF 1207

as introduced - 90th Legislature (2017 - 2018) Posted on 02/15/2017 11:34am

A bill for an act
relating to human services; modifying provisions governing children and families
services, mental health services, and operations; amending Minnesota Statutes
2016, sections 13.46, subdivisions 2, 3; 13.461, subdivision 28; 119B.02,
subdivision 6; 144.057, subdivision 1; 245A.02, subdivision 3, by adding a
subdivision; 245A.03, subdivision 3; 245A.04, subdivision 1; 245A.07, subdivisions
1, 3; 245A.08, subdivision 3; 245C.02, subdivisions 5, 13b, by adding subdivisions;
245C.05, subdivisions 1, 5; 245C.08, subdivisions 1, 3; 245C.12; 245C.32,
subdivisions 1a, 2, 3; 245C.33, subdivision 4; 245C.34, subdivision 4; 245D.10,
subdivision 3a; 256.01, subdivisions 18d, 18e; 256.045, subdivisions 3, 4; 256.0451,
subdivisions 1, 3, 5, 6, 7, 9, 10, 11, 12, 21; 256.046, subdivision 1; 256.9685,
subdivisions 1, 1a; 256B.064, subdivision 2, by adding subdivisions; 256B.0943,
subdivision 8; 256D.051, subdivisions 1, 1a, 2, 3, 3a, 3b, 6b, 8, 18; 256J.626,
subdivision 5; 256J.751, subdivisions 2, 5, by adding subdivisions; 256P.02,
subdivisions 1, 1a; 259.35, subdivision 1; 259.53, subdivision 4; 259.83, subdivision
1a; 260C.101, by adding a subdivision; 260C.171, subdivision 2; 260C.178,
subdivision 1; 260C.212, subdivisions 1, 2, by adding a subdivision; 260C.219;
260C.503, subdivision 2; 260C.515, subdivision 4; 260C.605, subdivision 1;
260C.607, subdivision 6; 260C.609; 260C.611; 260C.613, subdivision 6; 260C.615,
subdivision 1; 260C.623, subdivision 4; 260C.625; 260C.629, subdivision 2;
393.07, subdivision 10; 518A.41, subdivision 4; 518A.685; 626.556, subdivisions
2, 3, 3c, 3e, 7, 10, 10f, 10m, 11; 626.5561, subdivision 1; 626.558, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 256B; 518; repealing
Minnesota Statutes 2016, sections 119B.125, subdivision 8; 256J.751, subdivision
1.

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

ARTICLE 1

CHILDREN AND FAMILIES SERVICES

Section 1.

Minnesota Statutes 2016, section 13.46, subdivision 2, is amended to read:

Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to assess parental contribution amounts for purposes
of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs
and to identify individuals who may benefit from these programs. The following information
may be disclosed under this paragraph: an individual's and their dependent's names, dates
of birth, Social Security numbers, income, addresses, and other data as required, upon
request by the Department of Revenue. Disclosures by the commissioner of revenue to the
commissioner of human services for the purposes described in this clause are governed by
section 270B.14, subdivision 1. Tax refund or tax credit programs include, but are not limited
to, the dependent care credit under section 290.067, the Minnesota working family credit
under section 290.0671, the property tax refund and rental credit under section 290A.04,
and the Minnesota education credit under section 290.0674;

(9) between the Department of Human Services, the Department of Employment and
Economic Development, and when applicable, the Department of Education, for the following
purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of food support,
cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter
119B, medical programs under chapter 256B or 256L, or a medical program formerly
codified under chapter 256D; and

(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security numbers and names collected by the telephone assistance
program may be disclosed to the Department of Revenue to conduct an electronic data
match with the property tax refund database to determine eligibility under section 237.70,
subdivision 4a;

(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from food support applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food Stamp Act, according to Code
of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security number, and, if available, photograph of any member
of a household receiving food support shall be made available, on request, to a local, state,
or federal law enforcement officer if the officer furnishes the agency with the name of the
member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law;
or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) the current address of a recipient of Minnesota family investment program, general
assistance, or food support may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7;

(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services and Education, on recipients and former
recipients of food support, cash assistance under chapter 256, 256D, 256J, or 256K, child
care assistance under chapter 119B, medical programs under chapter 256B or 256L, or a
medical program formerly codified under chapter 256D;

(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human Services,
Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) and (b),
without regard to the limitation of use in paragraph (c), Department of Health, Department
of Employment and Economic Development, and other state agencies as is reasonably
necessary to perform these functions;

(29) counties new text begin and the Department of Human Services new text end operating child care assistance
programs under chapter 119B may disseminate data on program participants, applicants,
and providers to the commissioner of education;

(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law; deleted text begin or
deleted text end

(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services deleted text begin . deleted text end new text begin ; or
new text end

new text begin (32) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for early learning
scholarships.
new text end

(b) Information on persons who have been treated for drug or alcohol abuse may only
be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).

For the purposes of this subdivision, a request will be deemed to be made in writing if
made through a computer interface system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 13.461, subdivision 28, is amended to read:

Subd. 28.

Child care assistance program.

Data collected, maintained, used, or
disseminated by the welfare system pertaining to persons selected as legal nonlicensed child
care providers by families receiving child care assistance are classified under section 119B.02,
subdivision 6 new text begin , paragraph (a). new text end new text begin Child care assistance program payment data is classified under
section 119B.02, subdivision 6, paragraph (b) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 119B.02, subdivision 6, is amended to read:

Subd. 6.

Data.

new text begin (a) new text end Data collected, maintained, used, or disseminated by the welfare
system pertaining to persons selected as legal nonlicensed child care providers by families
receiving child care assistance shall be treated as licensing data as provided in section 13.46,
subdivision 4.

new text begin (b) For purposes of this paragraph, "payment data" means data showing that a child care
assistance program payment under this chapter was made and the amount of child care
assistance payments made to a child care center for a specified time period. Payment data
may include the number of families and children on whose behalf payments were made for
the specified time period. Any payment data that may identify a specific child care assistance
recipient or benefit paid on behalf of a specific child care assistance recipient, as determined
by the commissioner, is private data on individuals. Data related to a child care assistance
payment is public:
new text end

new text begin (1) when the data relates to a child care assistance payment made to a licensed child care
center or a child care center exempt from licensure; and
new text end

new text begin (2) when the commissioner or county agency either:
new text end

new text begin (i) disqualified the center from receipt of a payment from the child care assistance
program under this chapter for wrongfully obtaining child care assistance under section
256.98, subdivision 8, paragraph (c);
new text end

new text begin (ii) refused a child care authorization, revoked a child care authorization, stopped
payment, or denied payment for a bill for the center under section 119B.13, subdivision 6,
paragraph (d); or
new text end

new text begin (iii) made a finding of financial misconduct under section 245E.02.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2016, section 256D.051, subdivision 1, is amended to read:

Subdivision 1.

Food stamp employment and training program.

The commissioner
shall implement a food stamp employment and training program in order to meet the food
stamp employment and training participation requirements of the United States Department
of Agriculture. deleted text begin Unless exempt under subdivision 3a, each adult recipient in the unit must
participate in the food stamp employment and training program each month that the person
is eligible for food stamps. The person's participation in food stamp employment and training
services must begin no later than the first day of the calendar month following the
determination of eligibility for food stamps. With the county agency's consent, and deleted text end To the
extent of available resources, deleted text begin the person deleted text end new text begin a recipient new text end may deleted text begin voluntarily continue deleted text end new text begin volunteer new text end to
participate in food stamp employment and training services deleted text begin for up to three additional
consecutive months immediately following termination of food stamp benefits in order to
complete the provisions of the person's employability development plan deleted text end . new text begin A recipient who
volunteers for employment and training services is subject to the work requirements in Code
of Federal Regulations, title 7, section 273.7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end

Sec. 5.

Minnesota Statutes 2016, section 256D.051, subdivision 1a, is amended to read:

Subd. 1a.

Notices deleted text begin and sanctions deleted text end .

(a) At the time the county agency notifies the household
that it is eligible for food stamps, the county agency must inform deleted text begin all mandatory employment
and training services participants as identified in subdivision 1 in the household that they
must comply with all food stamp employment and training program requirements each
month, including the requirement to attend an initial orientation to the food stamp
employment and training program and that food stamp eligibility will end unless the
participants comply with the requirements specified in the notice deleted text end new text begin an adult of the opportunity
to volunteer for and participate in SNAP employment and training activities, provide plain
language material that explains the benefits of voluntary participation, and provide the name
and address of the county's designated employment and training service provider new text end .

(b) deleted text begin A participant who fails without good cause to comply with food stamp employment
and training program requirements of this section, including attendance at orientation, will
lose food stamp eligibility for the following periods: deleted text end new text begin The county must inform each recipient
who is an able-bodied adult without dependents that the recipient's SNAP benefits are limited
to three months in a 36-month period from the first full month of application unless the
recipient meets the work requirements in Code of Federal Regulations, title 7, section 273.7.
new text end

deleted text begin (1) for the first occurrence, for one month or until the person complies with the
requirements not previously complied with, whichever is longer;
deleted text end

deleted text begin (2) for the second occurrence, for three months or until the person complies with the
requirements not previously complied with, whichever is longer; or
deleted text end

deleted text begin (3) for the third and any subsequent occurrence, for six months or until the person
complies with the requirements not previously complied with, whichever is longer.
deleted text end

deleted text begin If the participant is not the food stamp head of household, the person shall be considered
an ineligible household member for food stamp purposes. If the participant is the food stamp
head of household, the entire household is ineligible for food stamps as provided in Code
of Federal Regulations, title 7, section 273.7(g). "Good cause" means circumstances beyond
the control of the participant, such as illness or injury, illness or injury of another household
member requiring the participant's presence, a household emergency, or the inability to
obtain child care for children between the ages of six and 12 or to obtain transportation
needed in order for the participant to meet the food stamp employment and training program
participation requirements.
deleted text end

deleted text begin (c) The county agency shall mail or hand deliver a notice to the participant not later than
five days after determining that the participant has failed without good cause to comply
with food stamp employment and training program requirements which specifies the
requirements that were not complied with, the factual basis for the determination of
noncompliance, and the right to reinstate eligibility upon a showing of good cause for failure
to meet the requirements. The notice must ask the reason for the noncompliance and identify
the participant's appeal rights. The notice must request that the participant inform the county
agency if the participant believes that good cause existed for the failure to comply and must
state that the county agency intends to terminate eligibility for food stamp benefits due to
failure to comply with food stamp employment and training program requirements.
deleted text end

deleted text begin (d) If the county agency determines that the participant did not comply during the month
with all food stamp employment and training program requirements that were in effect, and
if the county agency determines that good cause was not present, the county must provide
a ten-day notice of termination of food stamp benefits. The amount of food stamps that are
withheld from the household and determination of the impact of the sanction on other
household members is governed by Code of Federal Regulations, title 7, section 273.7.
deleted text end

deleted text begin (e) The participant may appeal the termination of food stamp benefits under the provisions
of section 256.045.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end

Sec. 6.

Minnesota Statutes 2016, section 256D.051, subdivision 2, is amended to read:

Subd. 2.

County agency duties.

(a) The county agency shall provide to food stamp
recipients a food stamp employment and training program. The program must include:

(1) orientation to the food stamp employment and training program;

(2) an individualized employability assessment and an individualized employability
development plan that includes assessment of literacy, ability to communicate in the English
language, educational and employment history, and that estimates the length of time it will
take the participant to obtain employment. The employability assessment and development
plan must be completed in consultation with the participant, must assess the participant's
assets, barriers, and strengths, and must identify steps necessary to overcome barriers to
employment. A copy of the employability development plan must be provided to the
registrant;

(3) referral to available accredited remedial or skills training new text begin or career pathways new text end programs
designed to address participant's barriers to employment;

(4) referral to available programs that provide subsidized or unsubsidized employment
as necessary;

(5) a job search program, including job seeking skills training; and

(6) other activities, to the extent of available resources designed by the county agency
to prepare the participant for permanent employment.

deleted text begin In order to allow time for job search, the county agency may not require an individual
to participate in the food stamp employment and training program for more than 32 hours
a week. The county agency shall require an individual to spend at least eight hours a week
in job search or other food stamp employment and training program activities.
deleted text end

(b) The county agency shall prepare an annual plan for the operation of its food stamp
employment and training program. The plan must be submitted to and approved by the
commissioner of employment and economic development. The plan must include:

(1) a description of the services to be offered by the county agency;

(2) a plan to coordinate the activities of all public new text begin entities and private nonprofit new text end entities
providing employment-related services in order to avoid duplication of effort and to provide new text begin
a wide range of allowable activities and new text end services more efficiently;

(3) a description of the factors that will be taken into account when determining a client's
employability development plan; and

(4) provisions to ensure that deleted text begin the deleted text end new text begin a new text end county agency's employment and training service
provider provides each recipient with an orientation, employability assessment, and
employability development plan as specified in paragraph (a), clauses (1) and (2), within
30 days of the recipient's deleted text begin eligibility for assistance deleted text end new text begin request to participate in employment and
training new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end

Sec. 7.

Minnesota Statutes 2016, section 256D.051, subdivision 3, is amended to read:

Subd. 3.

Participant duties.

In order to receive food stamp deleted text begin assistance deleted text end new text begin employment and
training services new text end , a deleted text begin registrant deleted text end new text begin participant who volunteers new text end shall: (1) cooperate with the county
agency in all aspects of the food stamp employment and training program; new text begin and new text end (2) deleted text begin accept
any suitable employment, including employment offered through the Job Training Partnership
Act, and other employment and training options; and (3) deleted text end participate in food stamp
employment and training activities assigned by the county agency. The county agency may
terminate new text begin employment and training new text end assistance to a deleted text begin registrant deleted text end new text begin voluntary participant new text end who fails
to cooperate in the food stamp employment and training program, deleted text begin as provided in subdivision
1a deleted text end new text begin unless good cause is provided new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end

Sec. 8.

Minnesota Statutes 2016, section 256D.051, subdivision 3a, is amended to read:

Subd. 3a.

Requirement to register work.

deleted text begin (a) deleted text end To the extent required under Code of
Federal Regulations, title 7, section 273.7(a), each applicant for and recipient of food stamps
is required to register for work as a condition of eligibility for food stamp benefits. Applicants
and recipients are registered by signing an application or annual reapplication for food
stamps, and must be informed that they are registering for work by signing the form.

deleted text begin (b) The commissioner shall determine, within federal requirements, persons required to
participate in the food stamp employment and training (FSET) program.
deleted text end

deleted text begin (c) The following food stamp recipients are exempt from mandatory participation in
food stamp employment and training services:
deleted text end

deleted text begin (1) recipients of benefits under the Minnesota family investment program, Minnesota
supplemental aid program, or the general assistance program;
deleted text end

deleted text begin (2) a child;
deleted text end

deleted text begin (3) a recipient over age 55;
deleted text end

deleted text begin (4) a recipient who has a mental or physical illness, injury, or incapacity which is expected
to continue for at least 30 days and which impairs the recipient's ability to obtain or retain
employment as evidenced by professional certification or the receipt of temporary or
permanent disability benefits issued by a private or government source;
deleted text end

deleted text begin (5) a parent or other household member responsible for the care of either a dependent
child in the household who is under age six or a person in the household who is professionally
certified as having a physical or mental illness, injury, or incapacity. Only one parent or
other household member may claim exemption under this provision;
deleted text end

deleted text begin (6) a recipient receiving unemployment insurance or who has applied for unemployment
insurance and has been required to register for work with the Department of Employment
and Economic Development as part of the unemployment insurance application process;
deleted text end

deleted text begin (7) a recipient participating each week in a drug addiction or alcohol abuse treatment
and rehabilitation program, provided the operators of the treatment and rehabilitation
program, in consultation with the county agency, recommend that the recipient not participate
in the food stamp employment and training program;
deleted text end

deleted text begin (8) a recipient employed or self-employed for 30 or more hours per week at employment
paying at least minimum wage, or who earns wages from employment equal to or exceeding
30 hours multiplied by the federal minimum wage; or
deleted text end

deleted text begin (9) a student enrolled at least half time in any school, training program, or institution of
higher education. When determining if a student meets this criteria, the school's, program's
or institution's criteria for being enrolled half time shall be used.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end

Sec. 9.

Minnesota Statutes 2016, section 256D.051, subdivision 3b, is amended to read:

Subd. 3b.

Orientation.

The county agency or its employment and training service
deleted text begin provider deleted text end new text begin providers new text end must provide an orientation to food stamp employment and training
services to each deleted text begin nonexempt food stamp deleted text end recipient within 30 days of the date deleted text begin that food stamp
eligibility is determined deleted text end new text begin the recipient agreed to volunteer new text end . The orientation must inform the
participant of the deleted text begin requirement to participate deleted text end new text begin benefits of participating new text end in services, the date,
time, and address to report to for services, the name and telephone number of the food stamp
employment and training service provider, the consequences for failure without good cause
to comply, the services and support services available through food stamp employment and
training services and other providers of similar services, and must encourage the participant
to view the food stamp program as a temporary means of supplementing the family's food
needs until the family achieves self-sufficiency through employment. The orientation may
be provided through audio-visual methods, but the participant must have the opportunity
for face-to-face interaction with county agency staff.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end

Sec. 10.

Minnesota Statutes 2016, section 256D.051, subdivision 6b, is amended to read:

Subd. 6b.

Federal reimbursement.

(a) Federal financial participation from the United
States Department of Agriculture for food stamp employment and training expenditures
that are eligible for reimbursement through the food stamp employment and training program
are dedicated funds and are annually appropriated to the commissioner of human services
for the operation of the food stamp employment and training program.

(b) The appropriation must be used for skill attainment through employment, training,
and support services for food stamp participants. By February 15, 2017, the commissioner
shall report to the chairs and ranking minority members of the legislative committees having
jurisdiction over the food stamp employment and training program on the progress of
securing additional federal reimbursement dollars under this program.

(c) Federal financial participation for the nonstate portion of food stamp employment
and training costs must be paid to the county agency or service provider that incurred the
costs new text begin at a rate to be determined by the Departments of Human Services and Employment
and Economic Development new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end

Sec. 11.

Minnesota Statutes 2016, section 256D.051, subdivision 8, is amended to read:

Subd. 8.

Voluntary quit.

A person who is required to participate in food stamp
employment and training services is not eligible for food stamps if, without good cause, the
person refuses a legitimate offer of, or quits, suitable employment within deleted text begin 60 deleted text end new text begin 30 new text end days before
the date of application. A person who is required to participate in food stamp employment
and training services and, without good cause, voluntarily quits suitable employment or
refuses a legitimate offer of suitable employment while receiving food stamps shall be
terminated from the food stamp program deleted text begin as specified in subdivision 1a deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end

Sec. 12.

Minnesota Statutes 2016, section 256D.051, subdivision 18, is amended to read:

Subd. 18.

Work experience placements.

(a) To the extent of available resources, each
county agency deleted text begin must deleted text end new text begin may new text end establish and operate a work experience component in the food
stamp employment and training program for recipients who are subject to a federal limit of
three months of food stamp eligibility in any 36-month period. The purpose of the work
experience component is to enhance the participant's employability, self-sufficiency, and
to provide meaningful, productive work activities.

(b) The commissioner shall assist counties in the design and implementation of these
components. The commissioner must ensure that job placements under a work experience
component comply with section 256J.72. Written or oral concurrence with job duties of
persons placed under the community work experience program shall be obtained from the
appropriate exclusive bargaining representative.

(c) Worksites developed under this section are limited to projects that serve a useful
public service such as health, social service, environmental protection, education, urban
and rural development and redevelopment, welfare, recreation, public facilities, public
safety, community service, services to aged or disabled citizens, and child care. To the
extent possible, the prior training, skills, and experience of a recipient must be used in
making appropriate work experience assignments.

(d) Structured, supervised deleted text begin volunteer deleted text end new text begin uncompensated new text end work with an agency or organization
that is monitored by the county service provider may, with the approval of the county agency,
be used as a work experience placement.

(e) As a condition of placing a person receiving food stamps in a program under this
subdivision, the county agency shall first provide the recipient the opportunity:

(1) for placement in suitable subsidized or unsubsidized employment through participation
in job search under section 256D.051; deleted text begin or
deleted text end

(2) for placement in suitable employment through participation in deleted text begin on-the-job training deleted text end new text begin a
paid work experience new text end , if such employment is available deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) for placement in an educational program designed to increase job skills and
employability.
new text end

(f) The county agency shall limit the maximum monthly number of hours that any
participant may work in a work experience placement to a number equal to the amount of
the family's monthly food stamp allotment divided by the greater of the federal minimum
wage or the applicable state minimum wage.

After a participant has been assigned to a position for nine months, the participant may
not continue in that assignment unless the maximum number of hours a participant works
is no greater than the amount of the food stamp benefit divided by the rate of pay for
individuals employed in the same or similar occupations by the same employer at the same
site.

(g) The participant's employability development plan must include the length of time
needed in the work experience program, the need to continue job seeking activities while
participating in work experience, and the participant's employment goals.

(h) After each six months of a recipient's participation in a work experience job placement,
and at the conclusion of each work experience assignment under this section, the county
agency shall reassess and revise, as appropriate, the participant's employability development
plan.

(i) A participant has good cause for failure to cooperate with a work experience job
placement if, in the judgment of the employment and training service provider, the reason
for failure is reasonable and justified. deleted text begin Good cause for purposes of this section is defined in
subdivision 1a, paragraph (b).
deleted text end

(j) A recipient who has failed without good cause to participate in or comply with the
work experience job placement shall be terminated from participation in work experience
job activities. deleted text begin If the recipient is not exempt from mandatory food stamp employment and
training program participation under subdivision 3a, the recipient will be assigned to other
mandatory program activities. If the recipient is exempt from mandatory participation but
is participating as a volunteer, the person shall be terminated from the food stamp
employment and training program.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end

Sec. 13.

Minnesota Statutes 2016, section 256J.626, subdivision 5, is amended to read:

Subd. 5.

Innovation projects.

Beginning January 1, 2005, no more than $3,000,000 of
the funds annually appropriated to the commissioner for use in the consolidated fund shall
be available to the commissioner to reward high-performing counties and tribes, support
promising practices, deleted text begin and deleted text end test innovative approaches to improving outcomes new text begin , and to provide
for evaluation of projects, promising practices, and innovative approaches new text end for MFIP
participants, family stabilization services participants, and persons at risk of receiving MFIP
as detailed in subdivision 3. Project funds may be targeted to geographic areas with poor
outcomes as specified in section 256J.751, subdivision 5, or to subgroups within the MFIP
case load who are experiencing poor outcomes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2016, section 256J.751, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Quarterly comparison report deleted text end new text begin TANF work participation rates new text end .

deleted text begin (a) The
commissioner shall report quarterly to all counties on each county's performance on the
following measures:
deleted text end

deleted text begin (1) percent of MFIP caseload working in paid employment;
deleted text end

deleted text begin (2) percent of MFIP caseload receiving only the food portion of assistance;
deleted text end

deleted text begin (3) number of MFIP cases that have left assistance;
deleted text end

deleted text begin (4) median placement wage rate;
deleted text end

deleted text begin (5) caseload by months of TANF assistance;
deleted text end

deleted text begin (6) percent of MFIP and diversionary work program (DWP) cases off cash assistance
or working 30 or more hours per week at one-year, two-year, and three-year follow-up
points from a baseline quarter. This measure is called the self-support index. The
commissioner shall report quarterly an expected range of performance for each county,
county grouping, and tribe on the self-support index. The expected range shall be derived
by a statistical methodology developed by the commissioner in consultation with the counties
and tribes. The statistical methodology shall control differences across counties in economic
conditions and demographics of the MFIP and DWP case load; and
deleted text end

deleted text begin (7) the TANF work participation rate, defined as the participation requirements specified
under Public Law 109-171, the Deficit Reduction Act of 2005.
deleted text end

deleted text begin (b) deleted text end The commissioner shall not apply the limits on vocational educational training and
education activities under Code of Federal Regulations, title 45, section 261.33(c), when
determining TANF work participation rates for individual counties under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2016, section 256J.751, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Comparison reports. new text end

new text begin The commissioner, in cooperation with counties, tribes,
and employment services agencies, shall develop and provide monthly and quarterly reports
to all counties, tribes, and employment service agencies on each county's and tribe's
performance, including work participation rate and racial and geographic data that measures
disparities within MFIP.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2016, section 256J.751, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Self-support index. new text end

new text begin The self-support index is the percentage of MFIP and
diversionary work program (DWP) cases off cash assistance or working 30 hours or more
per week at one-, two-, and three-year follow-up points from a baseline quarter. The
commissioner shall report quarterly an expected range of performance for each county,
county grouping, and tribe on the self-support index. The expected range shall be based on
a statistical methodology developed by the commissioner in consultation with the counties
and tribes. The statistical methodology shall control differences across counties in economic
conditions and demographics of the MFIP and DWP caseload.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2016, section 256J.751, subdivision 5, is amended to read:

Subd. 5.

Failure to meet federal performance standards.

(a) If sanctions occur for
failure to meet the performance standards specified in title 1 of Public Law 104-193 of the
Personal Responsibility and Work Opportunity Act of 1996, and under Public Law 109-171,
the Deficit Reduction Act of 2005, the state shall pay 88 percent of the sanction. The
remaining 12 percent of the sanction will be paid by the counties. The county portion of the
sanction will be distributed across all counties in proportion to each county's percentage of
the MFIP average monthly caseload during the period for which the sanction was applied.

(b) If a county fails to meet the performance standards specified in title 1 of Public Law
104-193 of the Personal Responsibility and Work Opportunity Act of 1996, and Public Law
109-171, the Deficit Reduction Act of 2005, for any year, the commissioner shall work with
counties to organize a joint state-county technical assistance team to work with the county.
The commissioner shall coordinate any technical assistance with other departments and
agencies including the Departments of Employment and Economic Development and
Education as necessary to achieve the purpose of this paragraph.

(c) For state performance measures, a low-performing county is one that:

(1) performs below the bottom of their expected range for the measure in subdivision
deleted text begin 2, clause (6), deleted text end new text begin 5 new text end in an annualized measurement reported in October of each year; or

(2) performs below 40 percent for the deleted text begin measure in subdivision 2, clause (7) deleted text end new text begin TANF work
participation rate new text end , as averaged across the four quarterly measurements for the year, or the
ten counties with the lowest rates if more than ten are below 40 percent.

(d) Low-performing counties under paragraph (c) must engage in corrective action
planning as defined by the commissioner. The commissioner may coordinate technical
assistance as specified in paragraph (b) for low-performing counties under paragraph (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

Minnesota Statutes 2016, section 256P.02, subdivision 1, is amended to read:

Subdivision 1.

Property ownership.

(a) The agency must apply paragraphs (b) to (e)
to determine the value of personal property. The agency must use the equity value of legally
available personal property to determine whether an applicant or participant is eligible for
assistance.

(b) When personal property is jointly owned by two or more persons, the agency shall
assume that each person owns an equal share, except that either person owns the entire sum
of a joint personal checking or savings account. When an applicant or participant documents
greater or lesser ownership, the agency must use that greater or lesser share to determine
the equity value held by the applicant or participant. Other types of ownership must be
evaluated according to law.

(c) Personal property owned by the applicant or participant must be presumed legally
available to the applicant or participant unless the applicant or participant documents that
the property is not legally available to the applicant or participant. When personal property
is not legally available, its equity value must not be applied against the limits of subdivision
2.

(d) An applicant must disclose whether the applicant has transferred personal property
valued in excess of the property limits in subdivision 2 for which reasonable compensation
was not received within one year prior to application. A participant must disclose all transfers
of property valued in excess of these limits, according to the reporting requirements in
section 256J.30, subdivision 9. When a transfer of personal property without reasonable
compensation has occurred:

(1) the person who transferred the property must provide the property's description,
information needed to determine the property's equity value, the names of the persons who
received the property, and the circumstances of and reasons for the transfer; and

(2) when the transferred property can be reasonably reacquired, or when reasonable
compensation can be secured, the property is presumed legally available to the applicant or
participant.

(e) A participant may build the equity value of personal property to the limits in
subdivision 2.

new text begin (f) Any lump sum payment that remains in the third month after the month of receipt is
counted in the asset limit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2016, section 256P.02, subdivision 1a, is amended to read:

Subd. 1a.

Exemption.

Participants who qualify for child care assistance programs under
chapter 119B new text begin and funds under chapter 256Q new text end are exempt from this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2016, section 259.35, subdivision 1, is amended to read:

Subdivision 1.

Parental responsibilities.

Prior to commencing an investigation of the
suitability of proposed adoptive parents, a child-placing agency shall give the individuals
the following written notice in all capital letters at least one-eighth inch high:

"Minnesota Statutes, section 259.59, provides that upon legally adopting a child, adoptive
parents assume all the rights and responsibilities of birth parents. The responsibilities include
providing for the child's financial support and caring for health, emotional, and behavioral
problems. Except for subsidized adoptions under Minnesota Statutes, chapter deleted text begin 259A deleted text end new text begin 256N new text end ,
or any other provisions of law that expressly apply to adoptive parents and children, adoptive
parents are not eligible for state or federal financial subsidies besides those that a birth
parent would be eligible to receive for a child. Adoptive parents may not terminate their
parental rights to a legally adopted child for a reason that would not apply to a birth parent
seeking to terminate rights to a child. An individual who takes guardianship of a child for
the purpose of adopting the child shall, upon taking guardianship from the child's country
of origin, assume all the rights and responsibilities of birth and adoptive parents as stated
in this paragraph."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2016, section 259.53, subdivision 4, is amended to read:

Subd. 4.

Preadoption residence.

No petition shall be granted new text begin under this chapter new text end until
the child shall have lived three months in the proposed home, subject to a right of visitation
by the commissioner or an agency or their authorized representatives.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22.

Minnesota Statutes 2016, section 259.83, subdivision 1a, is amended to read:

Subd. 1a.

Social and medical history.

(a) If a person aged 19 years and over who was
adopted on or after August 1, 1994, or the adoptive parent requests the detailed nonidentifying
social and medical history of the adopted person's birth family that was provided at the time
of the adoption, agencies must provide the information to the adopted person or adoptive
parent on the new text begin applicable new text end form required under deleted text begin section deleted text end new text begin sections new text end 259.43 new text begin and 260C.611 new text end .

(b) If an adopted person aged 19 years and over or the adoptive parent requests the
agency to contact the adopted person's birth parents to request current nonidentifying social
and medical history of the adopted person's birth family, agencies must use the new text begin applicable
new text end form required under deleted text begin section deleted text end new text begin sections new text end 259.43 new text begin and 260C.611 new text end when obtaining the information
for the adopted person or adoptive parent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

Minnesota Statutes 2016, section 260C.101, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Provisions inapplicable to a child in foster care. new text end

new text begin If the court orders a child
placed under the protective care or legal custody of the responsible social services agency
pursuant to section 260C.151, subdivision 6; 260C.178; or 260C.201, then the provisions
of section 524.5-211 and chapter 257B have no force and effect and any delegation of power
by parent or guardian or designation of standby custodian are terminated by the court's
order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24.

Minnesota Statutes 2016, section 260C.171, subdivision 2, is amended to read:

Subd. 2.

Public inspection of records.

(a) The records from proceedings or portions of
proceedings involving a child in need of protection or services, permanency, or termination
of parental rights are accessible to the public as authorized by the Minnesota Rules of
Juvenile Protection Procedure new text begin , except that the court shall maintain the confidentiality of a
child's education, physical health, and mental health records or information. A petition filed
alleging a child to be habitually truant under section 260C.007, subdivision 6, clause (14),
shall not be considered a record or information of the child's education. The court shall
maintain the confidentiality of any record filed in proceedings under chapter 260D new text end .

(b) None of the records relating to an appeal from a nonpublic juvenile court proceeding,
except the written appellate opinion, shall be open to public inspection or their contents
disclosed except by order of a court.

(c) The records of juvenile probation officers are records of the court for the purposes
of this subdivision. This subdivision applies to all proceedings under this chapter, including
appeals from orders of the juvenile court. The court shall maintain the confidentiality of
adoption files and records in accordance with the provisions of laws relating to adoptions.
In juvenile court proceedings any report or social history furnished to the court shall be
open to inspection by the attorneys of record and the guardian ad litem a reasonable time
before it is used in connection with any proceeding before the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 25.

Minnesota Statutes 2016, section 260C.178, subdivision 1, is amended to read:

Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into custody
under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a
hearing within 72 hours of the time the child was taken into custody, excluding Saturdays,
Sundays, and holidays, to determine whether the child should continue in custody.

(b) Unless there is reason to believe that the child would endanger self or others or not
return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian, or
other suitable person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.

(c) If the court determines there is reason to believe that the child would endanger self
or others or not return for a court hearing, or that the child's health or welfare would be
immediately endangered if returned to the care of the parent or guardian who has custody
and from whom the child was removed, the court shall order the child into foster care under
the legal responsibility of the responsible social services agency or responsible probation
or corrections agency for the purposes of protective care as that term is used in the juvenile
court rules or into the home of a noncustodial parent and order the noncustodial parent to
comply with any conditions the court determines to be appropriate to the safety and care of
the child, including cooperating with paternity establishment proceedings in the case of a
man who has not been adjudicated the child's father. The court shall not give the responsible
social services legal custody and order a trial home visit at any time prior to adjudication
and disposition under section 260C.201, subdivision 1, paragraph (a), clause (3), but may
order the child returned to the care of the parent or guardian who has custody and from
whom the child was removed and order the parent or guardian to comply with any conditions
the court determines to be appropriate to meet the safety, health, and welfare of the child.

(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator of
domestic child abuse.

(e) The court, before determining whether a child should be placed in or continue in
foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1912(d), were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent placement when
the agency establishes either:

(1) that it has actually provided services or made efforts in an attempt to prevent the
child's removal but that such services or efforts have not proven sufficient to permit the
child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the hearing
that could safely permit the child to remain home or to return home. When reasonable efforts
to prevent placement are required and there are services or other efforts that could be ordered
which would permit the child to safely return home, the court shall order the child returned
to the care of the parent or guardian and the services or efforts put in place to ensure the
child's safety. When the court makes a prima facie determination that one of the
circumstances under paragraph (g) exists, the court shall determine that reasonable efforts
to prevent placement and to return the child to the care of the parent or guardian are not
required.

If the court finds the social services agency's preventive or reunification efforts have
not been reasonable but further preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize or continue the removal of
the child.

(f) The court may not order or continue the foster care placement of the child unless the
court makes explicit, individualized findings that continued custody of the child by the
parent or guardian would be contrary to the welfare of the child and that placement is in the
best interest of the child.

(g) At the emergency removal hearing, or at any time during the course of the proceeding,
and upon notice and request of the county attorney, the court shall determine whether a
petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;

(2) the parental rights of the parent to another child have been involuntarily terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e),
clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
against the child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable.

(h) When a petition to terminate parental rights is required under section 260C.301,
subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
proceed with a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section 260C.507, the
court shall schedule a permanency hearing within 30 days of the filing of the petition.

(i) If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section 260C.503, subdivision 2, paragraph (c).

(j) If the court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency regarding the
child's father or relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the responsible social
services agency for the purpose of complying with sections 260C.151, 260C.212, 260C.215,
and 260C.221.

(k) If a child ordered into foster care has siblings deleted text begin , whether full, half, or step, deleted text end who are
also ordered into foster care, the court shall inquire of the responsible social services agency
of the efforts to place the children together as required by section 260C.212, subdivision 2,
paragraph (d), if placement together is in each child's best interests, unless a child is in
placement for treatment or a child is placed with a previously noncustodial parent who is
not a parent to all siblings. If the children are not placed together at the time of the hearing,
the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place
the siblings together, as required under section 260.012. If any sibling is not placed with
another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing
contact among the siblings as required under section 260C.212, subdivision 1, unless it is
contrary to the safety or well-being of any of the siblings to do so.

(l) When the court has ordered the child into foster care or into the home of a noncustodial
parent, the court may order a chemical dependency evaluation, mental health evaluation,
medical examination, and parenting assessment for the parent as necessary to support the
development of a plan for reunification required under subdivision 7 and section 260C.212,
subdivision 1, or the child protective services plan under section 626.556, subdivision 10,
and Minnesota Rules, part 9560.0228.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26.

Minnesota Statutes 2016, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan shall
be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document which is prepared by the
responsible social services agency jointly with the parent or parents or guardian of the child
and in consultation with the child's guardian ad litem, the child's tribe, if the child is an
Indian child, the child's foster parent or representative of the foster care facility, and, where
appropriate, the child. When a child is age 14 or older, the child may include two other
individuals on the team preparing the child's out-of-home placement plan. The child may
select one member of the case planning team to be designated as the child's deleted text begin advisor deleted text end new text begin adviser new text end
and to advocate with respect to the application of the reasonable and prudent parenting
standards. The responsible social services agency may reject an individual selected by the
child if the agency has good cause to believe that the individual would not act in the best
interest of the child. For a child in voluntary foster care for treatment under chapter 260D,
preparation of the out-of-home placement plan shall additionally include the child's mental
health treatment provider. For a child 18 years of age or older, the responsible social services
agency shall involve the child and the child's parents as appropriate. As appropriate, the
plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
a representative of the child's tribe, the responsible social services agency, and, if possible,
the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
and how the placement is consistent with the best interests and special needs of the child
according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate or
correct the problems or conditions identified in clause (2), and the time period during which
the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services
to be provided or offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if not,
the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize adoption as the permanency plan for the child through reasonable efforts
to place the child for adoption. At a minimum, the documentation must include consideration
of whether adoption is in the best interests of the child, child-specific recruitment efforts
such as relative search and the use of state, regional, and national adoption exchanges to
facilitate orderly and timely placements in and outside of the state. A copy of this
documentation shall be provided to the court in the review required under section 260C.317,
subdivision 3, paragraph (b);

(7) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize the transfer of permanent legal and physical custody to a relative as the
permanency plan for the child. This documentation must support the requirements of the
kinship placement agreement under section 256N.22 and must include the reasonable efforts
used to determine that it is not appropriate for the child to return home or be adopted, and
reasons why permanent placement with a relative through a Northstar kinship assistance
arrangement is in the child's best interest; how the child meets the eligibility requirements
for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
if applicable; and agency efforts to discuss with the child's parent or parents the permanent
transfer of permanent legal and physical custody or the reasons why these efforts were not
made;

(8) efforts to ensure the child's educational stability while in foster care for a child who
attained the minimum age for compulsory school attendance under state law and is enrolled
full time in elementary or secondary school, or instructed in elementary or secondary
education at home, or instructed in an independent study elementary or secondary program,
or incapable of attending school on a full-time basis due to a medical condition that is
documented and supported by regularly updated information in the child's case plan.
Educational stability efforts include:

(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another, including
efforts to work with the local education authorities to ensure the child's educational stability
and attendance; or

(ii) if it is not in the child's best interest to remain in the same school that the child was
enrolled in prior to placement or move from one placement to another, efforts to ensure
immediate and appropriate enrollment for the child in a new school;

(9) the educational records of the child including the most recent information available
regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(10) the efforts by the responsible social services agency to ensure the oversight and
continuity of health care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, shall be monitored and treated while the child is in foster care;

(iii) how the child's medical information shall be updated and shared, including the
child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals shall be
consulted and involved in assessing the health and well-being of the child and determine
the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through either
medical insurance or medical assistance;

(11) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable diseases
as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for medical
insurance or medical assistance;

(12) an independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's deleted text begin advisor deleted text end new text begin adviser new text end and to advocate with respect to the application
of the reasonable and prudent parenting standards in subdivision 14. The plan should include,
but not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;

(iv) money management, including the responsibility of the responsible social services
agency to ensure that the child annually receives, at no cost to the child, a consumer report
as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
in the report;

(v) planning for housing;

(vi) social and recreational skills;

(vii) establishing and maintaining connections with the child's family and community;
and

(viii) regular opportunities to engage in age-appropriate or developmentally appropriate
activities typical for the child's age group, taking into consideration the capacities of the
individual child;

(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes; and

(14) for a child 14 years of age or older, a signed acknowledgment that describes the
child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section 260C.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad litem. If unable
to employ counsel from their own resources, the court shall appoint counsel upon the request
of the parent or parents or the child or the child's legal guardian. The parent or parents may
also receive assistance from any person or social services agency in preparation of the case
plan.

After the plan has been agreed upon by the parties involved or approved or ordered by
the court, the foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian deleted text begin , as appropriate, deleted text end and the child, if deleted text begin appropriate deleted text end new text begin 14 years of age or older new text end ,
must be provided with a current copy of the child's health and education record deleted text begin . deleted text end new text begin and, for a
child who meets the conditions in subdivision 15, paragraph (b), the child's social and
medical history. A child younger than 14 years of age may be given a copy of the child's
health and education record and social and medical history, if appropriate and applicable
according to subdivision 15, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 27.

Minnesota Statutes 2016, section 260C.212, subdivision 2, is amended to read:

Subd. 2.

Placement decisions based on best interests of the child.

(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of how the selected placement
will serve the needs of the child being placed. The authorized child-placing agency shall
new text begin assess a noncustodial or nonadjudicated parent's capacity and willingness to provide for the
day-to-day care of a child pursuant to section 260C.219. Upon assessment, if a noncustodial
or nonadjudicated parent cannot provide for the day-to-day care of a child, the authorized
child-placing agency shall new text end place a child, released by court order or by voluntary release by
the parent or parents, in a family foster home selected by considering placement with relatives
and important friends in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption new text begin ,
including the legal parent, guardian, or custodian of the child's sibling new text end ; or

(2) with an individual who is an important friend with whom the child has resided or
had significant contact.

For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.

(b) Among the factors the agency shall consider in determining the needs of the child
are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's relationship to current caretakers, parents, siblings, and relatives;

(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and

(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a.

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is documented that a joint placement would be contrary to the safety or
well-being of any of the siblings or unless it is not possible after reasonable efforts by the
responsible social services agency. In cases where siblings cannot be placed together, the
agency is required to provide frequent visitation or other ongoing interaction between
siblings unless the agency documents that the interaction would be contrary to the safety
or well-being of any of the siblings.

(e) Except for emergency placement as provided for in section 245A.035, the following
requirements must be satisfied before the approval of a foster or adoptive placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 28.

Minnesota Statutes 2016, section 260C.212, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Social and medical history. new text end

new text begin (a) The commissioner shall develop forms for
the responsible social services agency to complete a child's social and medical history. The
responsible social services agency shall work with the child's birth family, foster family,
medical and treatment providers, and school to ensure there is a detailed and up-to-date
social and medical history of the child on the forms provided by the commissioner.
new text end

new text begin (b) If the child continues in foster care, the responsible social services agency's reasonable
efforts to complete the history shall begin no later than the permanency progress review
hearing required in section 260C.204 or six months after the child's placement in foster
care, whichever occurs earlier.
new text end

new text begin (c) A child's social and medical history must include background and health history
specific to the child, the child's birth parents, and the child's other birth relatives. Applicable
background and health information about the child includes the child's current health
condition, behavior, and demeanor; placement history; education history; sibling information;
and birth, medical, dental, and immunization information. Redacted copies of pertinent
records, assessments, and evaluations must be attached to the child's social and medical
history. Applicable background information about the child's birth parents and other birth
relatives includes general background information; education and employment histories;
physical and mental health histories; and reasons for the child's placement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 29.

Minnesota Statutes 2016, section 260C.219, is amended to read:

260C.219 AGENCY RESPONSIBILITIES FOR PARENTS AND CHILDREN IN
PLACEMENT.

(a) When a child is in foster care, the responsible social services agency shall make
diligent efforts to identify, locate, and, where appropriate, offer services to both parents of
the child.

(1) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this clause may include, but is not
limited to, obtaining information under section 260C.209. If after assessment, the responsible
social services agency determines that a noncustodial or nonadjudicated parent is willing
and capable of providing day-to-day care of the child, the responsible social services agency
may seek authority from the custodial parent or the court to have that parent assume
day-to-day care of the child. If a parent is not an adjudicated parent, the responsible social
services agency shall require the nonadjudicated parent to cooperate with paternity
establishment procedures as part of the case plan.

(2) If, after assessment, the responsible social services agency determines that the child
cannot be in the day-to-day care of either parent, the agency shall:

(i) prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

(ii) provide a parent who is the subject of a background study under section 260C.209
15 days' notice that it intends to use the study to recommend against putting the child with
that parent, and the court shall afford the parent an opportunity to be heard concerning the
study.

The results of a background study of a noncustodial parent shall not be used by the
agency to determine that the parent is incapable of providing day-to-day care of the child
unless the agency reasonably believes that placement of the child into the home of that
parent would endanger the child's health, safety, or welfare.

(3) If, after the provision of services following an out-of-home placement plan under
this section, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the agency
may petition on behalf of a noncustodial parent to establish legal custody with that parent
under section 260C.515, subdivision 4. If paternity has not already been established, it may
be established in the same proceeding in the manner provided for under chapter 257.

(4) The responsible social services agency may be relieved of the requirement to locate
and offer services to both parents by the juvenile court upon a finding of good cause after
the filing of a petition under section 260C.141.

(b) The responsible social services agency shall give notice to the parent or guardian of
each child in foster care, other than a child in voluntary foster care for treatment under
chapter 260D, of the following information:

(1) that the child's placement in foster care may result in termination of parental rights
or an order permanently placing the child out of the custody of the parent, but only after
notice and a hearing as required under this chapter and the juvenile court rules;

(2) time limits on the length of placement and of reunification services, including the
date on which the child is expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise permanently removed from the
care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of foster care as soon as possible,
preferably by returning the child home, but if that is not possible, through a permanent legal
placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any, of the parent or parents for the
support of the child during the period the child is in foster care.

(c) The responsible social services agency shall inform a parent considering voluntary
placement of a child under section 260C.227 of the following information:

(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent who enters
a voluntary placement agreement may at any time request that the agency return the child.
If the parent so requests, the child must be returned within 24 hours of the receipt of the
request;

(3) evidence gathered during the time the child is voluntarily placed may be used at a
later time as the basis for a petition alleging that the child is in need of protection or services
or as the basis for a petition seeking termination of parental rights or other permanent
placement of the child away from the parent;

(4) if the responsible social services agency files a petition alleging that the child is in
need of protection or services or a petition seeking the termination of parental rights or other
permanent placement of the child away from the parent, the parent would have the right to
appointment of separate legal counsel and the child would have a right to the appointment
of counsel and a guardian ad litem as provided by law, and that counsel will be appointed
at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under section
260C.212, subdivision 3, and the effect the time spent in voluntary placement on the
scheduling of a permanent placement determination hearing under sections 260C.503 to
260C.521.

(d) When an agency accepts a child for placement, the agency shall determine whether
the child has had a physical examination by or under the direction of a licensed physician
within the 12 months immediately preceding the date when the child came into the agency's
care. If there is documentation that the child has had an examination within the last 12
months, the agency is responsible for seeing that the child has another physical examination
within one year of the documented examination and annually in subsequent years. If the
agency determines that the child has not had a physical examination within the 12 months
immediately preceding placement, the agency shall ensure that the child has an examination
within 30 days of coming into the agency's care and once a year in subsequent years.

(e) Whether under state guardianship or not, if a child leaves foster care by reason of
having attained the age of majority under state law, the child must be given at no cost a
copy of the child's social and medical history, as defined in section deleted text begin 259.43 deleted text end new text begin new text end new text begin 260C.212,
subdivision 15 new text end , deleted text begin and deleted text end new text begin including the child's health and new text end education report.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 30.

Minnesota Statutes 2016, section 260C.503, subdivision 2, is amended to read:

Subd. 2.

Termination of parental rights.

(a) The responsible social services agency
must ask the county attorney to immediately file a termination of parental rights petition
when:

(1) the child has been subjected to egregious harm as defined in section 260C.007,
subdivision 14;

(2) the child is determined to be the sibling of a child who was subjected to egregious
harm;

(3) the child is an abandoned infant as defined in section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the child's parent has lost parental rights to another child through an order involuntarily
terminating the parent's rights;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
against the child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) another child of the parent is the subject of an order involuntarily transferring
permanent legal and physical custody of the child to a relative under this chapter or a similar
law of another jurisdiction;

The county attorney shall file a termination of parental rights petition unless the conditions
of paragraph (d) are met.

(b) When the termination of parental rights petition is filed under this subdivision, the
responsible social services agency shall identify, recruit, and approve an adoptive family
for the child. If a termination of parental rights petition has been filed by another party, the
responsible social services agency shall be joined as a party to the petition.

(c) If criminal charges have been filed against a parent arising out of the conduct alleged
to constitute egregious harm, the county attorney shall determine which matter should
proceed to trial first, consistent with the best interests of the child and subject to the
defendant's right to a speedy trial.

(d) The requirement of paragraph (a) does not apply if the responsible social services
agency and the county attorney determine and file with the court:

(1) a petition for transfer of permanent legal and physical custody to a relative under
sections 260C.505 and 260C.515, subdivision deleted text begin 3 deleted text end new text begin 4 new text end , including a determination that adoption
is not in the child's best interests and that transfer of permanent legal and physical custody
is in the child's best interests; or

(2) a petition under section 260C.141 alleging the child, and where appropriate, the
child's siblings, to be in need of protection or services accompanied by a case plan prepared
by the responsible social services agency documenting a compelling reason why filing a
termination of parental rights petition would not be in the best interests of the child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 31.

Minnesota Statutes 2016, section 260C.515, subdivision 4, is amended to read:

Subd. 4.

Custody to relative.

The court may order permanent legal and physical custody
to a fit and willing relative in the best interests of the child according to the following
requirements:

(1) an order for transfer of permanent legal and physical custody to a relative shall only
be made after the court has reviewed the suitability of the prospective legal and physical
custodian;

(2) in transferring permanent legal and physical custody to a relative, the juvenile court
shall follow the standards applicable under this chapter and chapter 260, and the procedures
in the Minnesota Rules of Juvenile Protection Procedure;

(3) a transfer of legal and physical custody includes responsibility for the protection,
education, care, and control of the child and decision making on behalf of the child;

(4) a permanent legal and physical custodian may not return a child to the permanent
care of a parent from whom the court removed custody without the court's approval and
without notice to the responsible social services agency;

(5) the social services agency may file a petition naming a fit and willing relative as a
proposed permanent legal and physical custodian. A petition for transfer of permanent legal
and physical custody to a relative who is not a parent shall be accompanied by a kinship
placement agreement under section 256N.22, subdivision 2, between the agency and proposed
permanent legal and physical custodian;

(6) another party to the permanency proceeding regarding the child may file a petition
to transfer permanent legal and physical custody to a relative. The petition must include
facts upon which the court can make the determination required under clause (7) and must
be filed not later than the date for the required admit-deny hearing under section 260C.507;
or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must
be filed not later than 30 days prior to the trial required under section 260C.509;

(7) where a petition is for transfer of permanent legal and physical custody to a relative
who is not a parent, the court must find that:

(i) transfer of permanent legal and physical custody and receipt of Northstar kinship
assistance under chapter 256N, when requested and the child is eligible, are in the child's
best interests;

(ii) adoption is not in the child's best interests based on the determinations in the kinship
placement agreement required under section 256N.22, subdivision 2;

(iii) the agency made efforts to discuss adoption with the child's parent or parents, or
the agency did not make efforts to discuss adoption and the reasons why efforts were not
made; and

(iv) there are reasons to separate siblings during placement, if applicable deleted text begin ; deleted text end new text begin . The court
may find there is a reason to separate siblings when the court finds both (A) that the
responsible social services agency made reasonable efforts to place siblings together and
(B) that placing siblings together is not in the best interest of one or more of the siblings;
new text end

(8) the court may defer finalization of an order transferring permanent legal and physical
custody to a relative when deferring finalization is necessary to determine eligibility for
Northstar kinship assistance under chapter 256N;

(9) the court may finalize a permanent transfer of physical and legal custody to a relative
regardless of eligibility for Northstar kinship assistance under chapter 256N; deleted text begin and
deleted text end

(10) the juvenile court may maintain jurisdiction over the responsible social services
agency, the parents or guardian of the child, the child, and the permanent legal and physical
custodian for purposes of ensuring appropriate services are delivered to the child and
permanent legal custodian for the purpose of ensuring conditions ordered by the court related
to the care and custody of the child are met deleted text begin . deleted text end new text begin ; and
new text end

new text begin (11) after finalization of the permanent transfer of physical and legal custody to a relative
who is not a parent, the court administrator must mail a copy of the final order to the
commissioner of human services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 32.

Minnesota Statutes 2016, section 260C.605, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) Reasonable efforts to finalize the adoption of a child
under the guardianship of the commissioner shall be made by the responsible social services
agency responsible for permanency planning for the child.

(b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent who
will commit to being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made concurrently
with reasonable, or if the child is an Indian child, active efforts to reunify the child with the
parent.

(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under section
260C.204.

(d) Reasonable efforts to finalize the adoption of the child include new text begin , but are not limited
to new text end :

(1) using age-appropriate engagement strategies to plan for adoption with the child;

(2) deleted text begin identifying an appropriate prospective adoptive parent for the child by deleted text end updating the
child's identified needs using the factors in section 260C.212, subdivision 2;

(3) deleted text begin making an adoptive placement that meets the child's needs by:
deleted text end

deleted text begin (i) deleted text end completing or updating the relative search required under section 260C.221 and giving
notice of the need for an adoptive home for the child to new text begin a child's relative who new text end :

deleted text begin (A) deleted text end new text begin (i) new text end deleted text begin relatives who have deleted text end kept the agency or the court apprised of deleted text begin their deleted text end new text begin the relative's new text end
whereabouts and who deleted text begin have deleted text end indicated an interest in adopting the child; or

deleted text begin (B) deleted text end new text begin (ii) new text end deleted text begin relatives of the child who are deleted text end new text begin is new text end located in an updated search deleted text begin ; (ii) deleted text end new text begin . new text end An updated
search is required whenever:

(A) there is no identified prospective adoptive placement for the child notwithstanding
a finding by the court that the agency made diligent efforts under section 260C.221, in a
hearing required under section 260C.202;

(B) the child is removed from the home of an adopting parent; or

(C) the court determines a relative search by the agency is in the best interests of the
child;

deleted text begin (iii) deleted text end new text begin (4) new text end engaging the child's foster parent and the child's deleted text begin relatives deleted text end new text begin relative new text end identified as
an adoptive resource during the search conducted under section 260C.221, to commit to
being the prospective adoptive parent of the child; deleted text begin or
deleted text end

deleted text begin (iv) deleted text end new text begin (5) new text end when there is no identified prospective adoptive parent:

deleted text begin (A) deleted text end new text begin (i) new text end registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;

deleted text begin (B) deleted text end new text begin (ii) new text end reviewing all families with approved adoption home studies associated with the
responsible social services agency;

deleted text begin (C) deleted text end new text begin (iii) new text end presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;

deleted text begin (D) deleted text end new text begin (iv) new text end using deleted text begin newspapers and other deleted text end media new text begin as appropriate new text end to promote the particular child;

deleted text begin (E) deleted text end new text begin (v) new text end using a private agency under grant contract with the commissioner to provide
adoption services for intensive child-specific recruitment efforts; and

deleted text begin (F) deleted text end new text begin (vi) new text end making any other efforts or using any other resources reasonably calculated to
identify a prospective adoption parent for the child;

deleted text begin (4) deleted text end new text begin (6) new text end updating and completing the social and medical history required under sections
deleted text begin 259.43 deleted text end new text begin 260C.212, subdivision 15, new text end and 260C.609;

deleted text begin (5) deleted text end new text begin (7) new text end making, and keeping updated, appropriate referrals required by section 260.851,
the Interstate Compact on the Placement of Children;

deleted text begin (6) deleted text end new text begin (8) new text end giving notice regarding the responsibilities of an adoptive parent to any prospective
adoptive parent as required under section deleted text begin 259.35 deleted text end new text begin 260C.613, subdivision 9 new text end ;

deleted text begin (7) deleted text end new text begin (9) new text end offering the adopting parent the opportunity to apply for or decline adoption
assistance under chapter deleted text begin 259A deleted text end new text begin 256N new text end ;

deleted text begin (8) deleted text end new text begin (10) new text end certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of payment
if the adopting parent has applied for adoption assistance;

deleted text begin (9) deleted text end new text begin (11) new text end placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and

deleted text begin (10) deleted text end new text begin (12) new text end working with the adopting parent to file a petition to adopt the child and with
the court administrator to obtain a timely hearing to finalize the adoption.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 33.

Minnesota Statutes 2016, section 260C.607, subdivision 6, is amended to read:

Subd. 6.

Motion and hearing to order adoptive placement.

(a) At any time after the
district court orders the child under the guardianship of the commissioner of human services,
but not later than 30 days after receiving notice required under section 260C.613, subdivision
1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's
foster parent may file a motion for an order for adoptive placement of a child who is under
the guardianship of the commissioner if the relative or the child's foster parent:

(1) has an adoption home study under section deleted text begin 259.41 deleted text end new text begin 260C.611 new text end approving the relative
or foster parent for adoption and has been a resident of Minnesota for at least six months
before filing the motion; the court may waive the residency requirement for the moving
party if there is a reasonable basis to do so; or

(2) is not a resident of Minnesota, but has an approved adoption home study by an agency
licensed or approved to complete an adoption home study in the state of the individual's
residence and the study is filed with the motion for adoptive placement.

(b) The motion shall be filed with the court conducting reviews of the child's progress
toward adoption under this section. The motion and supporting documents must make a
prima facie showing that the agency has been unreasonable in failing to make the requested
adoptive placement. The motion must be served according to the requirements for motions
under the Minnesota Rules of Juvenile Protection Procedure and shall be made on all
individuals and entities listed in subdivision 2.

(c) If the motion and supporting documents do not make a prima facie showing for the
court to determine whether the agency has been unreasonable in failing to make the requested
adoptive placement, the court shall dismiss the motion. If the court determines a prima facie
basis is made, the court shall set the matter for evidentiary hearing.

(d) At the evidentiary hearing, the responsible social services agency shall proceed first
with evidence about the reason for not making the adoptive placement proposed by the
moving party. The moving party then has the burden of proving by a preponderance of the
evidence that the agency has been unreasonable in failing to make the adoptive placement.

(e) At the conclusion of the evidentiary hearing, if the court finds that the agency has
been unreasonable in failing to make the adoptive placement and that the relative or the
child's foster parent is the most suitable adoptive home to meet the child's needs using the
factors in section 260C.212, subdivision 2, paragraph (b), the court may order the responsible
social services agency to make an adoptive placement in the home of the relative or the
child's foster parent.

(f) If, in order to ensure that a timely adoption may occur, the court orders the responsible
social services agency to make an adoptive placement under this subdivision, the agency
shall:

(1) make reasonable efforts to obtain a fully executed adoption placement agreement;

(2) work with the moving party regarding eligibility for adoption assistance as required
under chapter deleted text begin 259A deleted text end new text begin 256N new text end ; and

(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval
of the adoptive placement through the Interstate Compact on the Placement of Children.

(g) Denial or granting of a motion for an order for adoptive placement after an evidentiary
hearing is an order which may be appealed by the responsible social services agency, the
moving party, the child, when age ten or over, the child's guardian ad litem, and any
individual who had a fully executed adoption placement agreement regarding the child at
the time the motion was filed if the court's order has the effect of terminating the adoption
placement agreement. An appeal shall be conducted according to the requirements of the
Rules of Juvenile Protection Procedure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 34.

Minnesota Statutes 2016, section 260C.609, is amended to read:

260C.609 SOCIAL AND MEDICAL HISTORY.

deleted text begin (a) The responsible social services agency shall work with the birth family of the child,
foster family, medical and treatment providers, and the child's school to ensure there is a
detailed, thorough, and currently up-to-date social and medical history of the child as required
under section 259.43 on the forms required by the commissioner.
deleted text end

deleted text begin (b) When the child continues in foster care, the agency's reasonable efforts to complete
the history shall begin no later than the permanency progress review hearing required under
section 260C.204 or six months after the child's placement in foster care.
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end The agency shall thoroughly discuss the child's history with the adopting parent
of the child and shall give a new text begin redacted new text end copy of the report of the child's social and medical
history new text begin as defined in section 260C.212, subdivision 15, new text end to the adopting parent. A new text begin redacted
new text end copy of the child's social and medical history may also be given to the child deleted text begin , as appropriate deleted text end new text begin
according to section 260C.212, subdivision 1 new text end .

deleted text begin (d) deleted text end new text begin (b) new text end The report shall not include information that identifies birth relatives. Redacted
copies of all the child's relevant evaluations, assessments, and records must be attached to
the social and medical history.

new text begin (c) The agency must submit the child's social and medical history to the Department of
Human Services when an adoptive placement is made and the history must be filed with
the court when the adoption petition is filed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 35.

Minnesota Statutes 2016, section 260C.611, is amended to read:

260C.611 ADOPTION STUDY REQUIRED.

(a) An adoption study under section 259.41 approving placement of the child in the
home of the prospective adoptive parent shall be completed before placing any child under
the guardianship of the commissioner in a home for adoption. If a prospective adoptive
parent has a current child foster care license under chapter 245A and is seeking to adopt a
foster child who is placed in the prospective adoptive parent's home and is under the
guardianship of the commissioner according to section 260C.325, subdivision 1, the child
foster care home study meets the requirements of this section for an approved adoption
home study if:

(1) the written home study on which the foster care license was based is completed in
the commissioner's designated format, consistent with the requirements in sections 259.41,
subdivision 2; and 260C.215, subdivision 4, clause (5); and Minnesota Rules, part 2960.3060,
subpart 4;

(2) the background studies on each prospective adoptive parent and all required household
members were completed according to section 245C.33;

(3) the commissioner has not issued, within the last three years, a sanction on the license
under section 245A.07 or an order of a conditional license under section 245A.06; and

(4) the legally responsible agency determines that the individual needs of the child are
being met by the prospective adoptive parent through an assessment under section 256N.24,
subdivision 2, or a documented placement decision consistent with section 260C.212,
subdivision 2.

new text begin (b) Before investigating the suitability of a prospective adoptive parent for a child under
guardianship of the commissioner, a child-placing agency shall give the prospective adoptive
parent the following written notice in all capital letters at least one-eighth inch high:
"Minnesota Statutes, section 260C.635, provides that upon legally adopting a child under
guardianship of the commissioner, an adoptive parent assumes all the rights and
responsibilities of a birth parent. The responsibilities include providing for the child's
financial support and caring for the child's health and emotional and behavioral problems.
Except for a subsidized adoption under Minnesota Statutes, chapter 256N, or any other
provision of law that expressly applies to an adoptive parent and child, an adoptive parent
is not eligible for state or federal financial subsidies aside from those that a birth parent
would be eligible to receive for a child. An adoptive parent may not terminate the adoptive
parent's parental rights to a legally adopted child for a reason that would not apply to a birth
parent seeking to terminate rights to a child."
new text end

deleted text begin (b) deleted text end new text begin (c) new text end If a prospective adoptive parent has previously held a foster care license or
adoptive home study, any update necessary to the foster care license, or updated or new
adoptive home study, if not completed by the licensing authority responsible for the previous
license or home study, shall include collateral information from the previous licensing or
approving agency, if available.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 36.

Minnesota Statutes 2016, section 260C.613, subdivision 6, is amended to read:

Subd. 6.

Death notification.

(a) The agency shall inform the adoptive parents that the
adoptive parents of an adopted child under age 19 or an adopted person age 19 or older may
maintain a current address on file with the agency and indicate a desire to be notified if the
agency receives information of the death of a birth parent. The agency shall notify birth
parents of the child's death and the cause of death, if known, provided that the birth parents
desire notice and maintain current addresses on file with the agency. The agency shall inform
birth parents entitled to notice under section deleted text begin 259.27 deleted text end new text begin 259.49 new text end that they may designate
individuals to notify the agency if a birth parent dies and that the agency receiving
information of the birth parent's death will share the information with adoptive parents, if
the adopted person is under age 19, or an adopted person age 19 or older who has indicated
a desire to be notified of the death of a birth parent and who maintains a current address on
file with the agency.

(b) Notice to a birth parent that a child has died or to the adoptive parents or an adopted
person age 19 or older that a birth parent has died shall be provided by an employee of the
agency through personal and confidential contact, but not by mail.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 37.

Minnesota Statutes 2016, section 260C.615, subdivision 1, is amended to read:

Subdivision 1.

Duties.

(a) For any child who is under the guardianship of the
commissioner, the commissioner has the exclusive rights to consent to:

(1) the medical care plan for the treatment of a child who is at imminent risk of death
or who has a chronic disease that, in a physician's judgment, will result in the child's death
in the near future including a physician's order not to resuscitate or intubate the child; and

(2) the child donating a part of the child's body to another person while the child is living;
the decision to donate a body part under this clause shall take into consideration the child's
wishes and the child's culture.

(b) In addition to the exclusive rights under paragraph (a), the commissioner has a duty
to:

(1) process any complete and accurate request for home study and placement through
the Interstate Compact on the Placement of Children under section 260.851;

(2) process any complete and accurate application for adoption assistance forwarded by
the responsible social services agency according to deleted text begin chapter deleted text end new text begin chapters new text end new text begin 256N and new text end 259A;

(3) deleted text begin complete the execution of deleted text end new text begin review and process new text end an adoption placement agreement
forwarded to the commissioner by the responsible social services agency and return it to
the agency in a timely fashion; and

(4) maintain records as required in chapter 259.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 38.

Minnesota Statutes 2016, section 260C.623, subdivision 4, is amended to read:

Subd. 4.

Attachments to the petition.

The following must be filed with the petition:

(1) the adoption study report required under section deleted text begin 259.41 deleted text end new text begin 260C.611 new text end ;

(2) the social and medical history required under deleted text begin sections 259.43 and deleted text end new text begin section new text end 260C.609;
and

(3) a document prepared by the petitioner that establishes who must be given notice
under section 260C.627, subdivision 1, that includes the names and mailing addresses of
those to be served by the court administrator.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 39.

Minnesota Statutes 2016, section 260C.625, is amended to read:

260C.625 DOCUMENTS FILED BY SOCIAL SERVICES AGENCY.

(a) The following shall be filed new text begin with the court new text end by the responsible social services agency
prior to finalization of the adoption:

(1) deleted text begin a certified deleted text end new text begin an electronic new text end copy of the child's new text begin certified new text end birth record;

(2) deleted text begin a certified deleted text end new text begin an electronic new text end copy of the new text begin certified new text end findings and order terminating parental
rights or order accepting the parent's consent to adoption under section 260C.515, subdivision
3, and for guardianship to the commissioner;

(3) a copy of any communication or contact agreement under section 260C.619;

(4) certification that the Minnesota Fathers' Adoption Registry has been searched which
requirement may be met according to the requirements of the Minnesota Rules of Adoption
Procedure, Rule 32.01, subdivision 2;

(5) new text begin an electronic copy of new text end the original of each consent to adoption required, if any, unless
the original was filed in the permanency proceeding conducted under section 260C.515,
subdivision 3, and the order filed under clause (2) has a copy of the consent attached; and

(6) the postplacement assessment report required under section 259.53, subdivision 2.

(b) The responsible social services agency shall provide any known aliases of the child
to the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 40.

Minnesota Statutes 2016, section 260C.629, subdivision 2, is amended to read:

Subd. 2.

Required documents.

In order to issue a decree for adoption and enter judgment
accordingly, the court must have the following documents in the record:

(1) new text begin an electronic copy of new text end the original birth record of the child;

(2) an adoption study report including a background study required under section deleted text begin 259.41 deleted text end new text begin
260C.611 new text end ;

(3) deleted text begin a deleted text end new text begin an electronic copy of the new text end certified deleted text begin copy of the deleted text end findings and order terminating parental
rights or order accepting the parent's consent to adoption under section 260C.515, subdivision
3, and for guardianship to the commissioner;

(4) any consents required under subdivision 1;

(5) the child's social and medical history under section 260C.609;

(6) the postplacement assessment report required under section 259.53, subdivision 2,
unless waived by the court on the record at a hearing under section 260C.607; and

(7) a report from the child's guardian ad litem.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 41.

new text begin [518.181] MOTION TO TRANSFER TO TRIBAL COURT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined have the
meanings given them.
new text end

new text begin (b) "Case participant" means a party to the case that is a natural person.
new text end

new text begin (c) "District court" means a district court of the state of Minnesota.
new text end

new text begin (d) "Party" means a person or entity named or admitted as a party or seeking to be
admitted as a party in the district court action, including the county IV-D agency, whether
or not named in the caption.
new text end

new text begin (e) "Tribal court" means a tribal court of a federally recognized Indian tribe located in
Minnesota that is receiving funding from the federal government to operate a child support
program under United States Code, title 42, chapter 7, subchapter IV, part D, sections 654
to 669b.
new text end

new text begin (f) "Tribal IV-D agency" has the meaning given to "tribal IV-D agency" in Code of
Federal Regulations, title 45, part 309.05.
new text end

new text begin (g) "Title IV-D child support case" has the meaning given to "IV-D case" in section
518A.26, subdivision 10.
new text end

new text begin Subd. 2. new text end

new text begin Actions eligible for transfer. new text end

new text begin For purposes of this section, a postjudgment
child support, custody, or parenting time action is eligible for transfer to tribal court. A child
protection action or a dissolution action involving a child is not eligible for transfer to tribal
court pursuant to this section.
new text end

new text begin Subd. 3. new text end

new text begin Motion to transfer. new text end

new text begin (a) A party's or tribal IV-D agency's motion to transfer to
tribal court shall state and allege:
new text end

new text begin (1) the address of each case participant;
new text end

new text begin (2) the tribal affiliation of each case participant, if any;
new text end

new text begin (3) the name, tribal affiliation, if any, and date of birth of each living minor or dependent
child of a case participant who is subject to the action; and
new text end

new text begin (4) the legal and factual basis for the court to make a finding that there is concurrent
jurisdiction in the case.
new text end

new text begin (b) A party or tribal IV-D agency bringing a motion to transfer to tribal court must file
with the court and serve the required documents on each party and the tribal IV-D agency,
regardless of whether the tribal IV-D agency is a party.
new text end

new text begin (c) A party's or tribal IV-D agency's motion to transfer must be accompanied by an
affidavit setting forth facts in support of its motion.
new text end

new text begin (d) When a motion to transfer is not brought by the tribal IV-D agency, the tribal IV-D
agency must file with the court and serve on each party an affidavit within 15 days from
the date of service of the motion stating whether the tribal IV-D agency provides services
to a party.
new text end

new text begin Subd. 4. new text end

new text begin Order to transfer to tribal court. new text end

new text begin (a) Except as provided in subdivision 6,
upon motion of a party or a tribal IV-D agency, a district court must transfer a postjudgment
child support, custody, or parenting time action to a tribal court when the district court finds:
new text end

new text begin (1) the district court and tribal court have concurrent jurisdiction;
new text end

new text begin (2) a case participant is receiving services from the tribal IV-D agency; and
new text end

new text begin (3) no party or tribal IV-D agency files and serves a timely objection to the transfer.
new text end

new text begin (b) When the requirements of this subdivision are satisfied, the district court is not
required to hold a hearing. The district court's order transferring the action to tribal court
must contain written findings on each requirement of this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Objection to motion to transfer. new text end

new text begin (a) To object to a motion to transfer to a
tribal court, a party or tribal IV-D agency must file with the court and serve on each party
and the tribal IV-D agency a responsive motion objecting to the motion to transfer within
30 days from the date of service of the motion to transfer.
new text end

new text begin (b) If a party or tribal IV-D agency files with the court and properly serves a timely
objection to the motion to transfer to a tribal court, the district court must conduct a hearing.
new text end

new text begin Subd. 6. new text end

new text begin Hearing. new text end

new text begin If a hearing is held under this section, the district court must evaluate
and make written findings on all relevant factors, including:
new text end

new text begin (1) whether an issue requires interpretation of tribal law, including the tribal constitution,
statutes, bylaws, ordinances, resolutions, treaties, or case law;
new text end

new text begin (2) whether the action involves tribal traditional or cultural matters;
new text end

new text begin (3) whether the tribe is a party;
new text end

new text begin (4) whether tribal sovereignty, jurisdiction, or territory is an issue;
new text end

new text begin (5) the tribal membership status of each case participant;
new text end

new text begin (6) where the claim arises;
new text end

new text begin (7) the location of the residence of each case participant and the child;
new text end

new text begin (8) whether the parties have by contract chosen a forum or the law to be applied in the
event of a dispute;
new text end

new text begin (9) the timing of any motion to transfer to tribal court, considering each party's and the
court's expenditure of time and resources, and the district court's scheduling order;
new text end

new text begin (10) the court in which the action can be heard and decided most expeditiously;
new text end

new text begin (11) the burdens on each party, including cost, access to and admissibility of evidence,
and matters of procedure; and
new text end

new text begin (12) any other factor the court determines relevant.
new text end

new text begin Subd. 7. new text end

new text begin Future exercise of jurisdiction. new text end

new text begin Nothing in this section shall be construed to
limit the district court's exercise of jurisdiction where the tribal court waives jurisdiction,
transfers the action back to district court, or otherwise declines to exercise jurisdiction over
the action.
new text end

new text begin Subd. 8. new text end

new text begin Transfer to Red Lake Nation Tribal Court. new text end

new text begin When a party or tribal IV-D
agency brings a motion to transfer to the Red Lake Nation Tribal Court, the court must
transfer the action if the case participants and child resided within the boundaries of the
Red Lake Reservation for the preceding six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 42.

Minnesota Statutes 2016, section 518A.41, subdivision 4, is amended to read:

Subd. 4.

Ordering health care coverage.

(a) If a joint child is presently enrolled in
health care coverage, the court must order that the parent who currently has the joint child
enrolled continue that enrollment unless the parties agree otherwise or a party requests a
change in coverage and the court determines that other health care coverage is more
appropriate.

(b) If a joint child is not presently enrolled in health care coverage providing medical
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate health care coverage providing medical benefits for
the joint child.

(c) If only one parent has appropriate health care coverage providing medical benefits
available, the court must order that parent to carry the coverage for the joint child.

(d) If both parents have appropriate health care coverage providing medical benefits
available, the court must order the parent with whom the joint child resides to carry the
coverage for the joint child, unless:

(1) a party expresses a preference for health care coverage providing medical benefits
available through the parent with whom the joint child does not reside;

(2) the parent with whom the joint child does not reside is already carrying dependent
health care coverage providing medical benefits for other children and the cost of contributing
to the premiums of the other parent's coverage would cause the parent with whom the joint
child does not reside extreme hardship; or

(3) the parties agree as to which parent will carry health care coverage providing medical
benefits and agree on the allocation of costs.

(e) If the exception in paragraph (d), clause (1) or (2), applies, the court must determine
which parent has the most appropriate coverage providing medical benefits available and
order that parent to carry coverage for the joint child.

(f) If neither parent has appropriate health care coverage available, the court must order
the parents to:

(1) contribute toward the actual health care costs of the joint children based on a pro
rata share; or

(2) if the joint child is receiving any form of public coverage, the parent with whom the
joint child does not reside shall contribute a monthly amount toward the actual cost of public
coverage. The amount of the noncustodial parent's contribution is determined by applying
the noncustodial parent's PICS to the premium scale for MinnesotaCare under section
256L.15, subdivision 2, paragraph (d). If the noncustodial parent's PICS meets the eligibility
requirements for MinnesotaCare, the contribution is the amount the noncustodial parent
would pay for the child's premium. If the noncustodial parent's PICS exceeds the eligibility
requirements, the contribution is the amount of the premium for the highest eligible income
on the premium scale for MinnesotaCare under section 256L.15, subdivision 2, paragraph
(d). For purposes of determining the premium amount, the noncustodial parent's household
size is equal to one parent plus the child or children who are the subject of the child support
order. The custodial parent's obligation is determined under the requirements for public
coverage as set forth in chapter 256B; or

(3) if the noncustodial parent's PICS meet the eligibility requirement for public coverage
under chapter 256B or the noncustodial parent receives public deleted text begin assistance deleted text end new text begin coverage new text end , the
noncustodial parent must not be ordered to contribute toward the cost of public coverage.

(g) If neither parent has appropriate health care coverage available, the court may order
the parent with whom the child resides to apply for public coverage for the child.

(h) The commissioner of human services must publish a table with the premium schedule
for public coverage and update the chart for changes to the schedule by July 1 of each year.

(i) If a joint child is not presently enrolled in health care coverage providing dental
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate dental health care coverage for the joint child, and the
court may order a parent with appropriate dental health care coverage available to carry the
coverage for the joint child.

(j) If a joint child is not presently enrolled in available health care coverage providing
benefits other than medical benefits or dental benefits, upon motion of a parent or the public
authority, the court may determine whether that other health care coverage for the joint
child is appropriate, and the court may order a parent with that appropriate health care
coverage available to carry the coverage for the joint child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 43.

Minnesota Statutes 2016, section 518A.685, is amended to read:

518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.

(a) If a public authority determines that an obligor has not paid the current monthly
support obligation plus any required arrearage payment for three months, the public authority
must report this information to a consumer reporting agency.

(b) Before reporting that an obligor is in arrears for court-ordered child support, the
public authority must:

(1) provide written notice to the obligor that the public authority intends to report the
arrears to a consumer reporting agency; and

(2) mail the written notice to the obligor's last known mailing address at least 30 days
before the public authority reports the arrears to a consumer reporting agency.

(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent
the public authority from reporting the arrears to a consumer reporting agency:

(1) pay the arrears in full; or

(2) request an administrative review. An administrative review is limited to issues of
mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance.

deleted text begin (d) If the public authority has reported that an obligor is in arrears for court-ordered
child support and subsequently determines that the obligor has paid the court-ordered child
support arrears in full, or is paying the current monthly support obligation plus any required
arrearage payment, the public authority must report to the consumer reporting agency that
the obligor is currently paying child support as ordered by the court.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end A public authority that reports arrearage information under this section must
make monthly reports to a consumer reporting agency. The monthly report must be consistent
with credit reporting industry standards for child support.

deleted text begin (f) deleted text end new text begin (e) new text end For purposes of this section, "consumer reporting agency" has the meaning given
in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 44.

Minnesota Statutes 2016, section 626.556, subdivision 2, is amended to read:

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 new text begin or provider new text end , 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 245D;

(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 deleted text begin 256B.0625,
subdivision 19a deleted text end new text begin 256B.0659 new text end .

(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 under chapter 245A or 245D; 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
deleted text begin 256B.0625, subdivision 19a deleted text end new text begin 256B.0659 new text end .

(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 deleted text begin (9) deleted text end new text begin (10) new text end , 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 new text begin alcohol or new text end 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;
deleted text begin or
deleted text end

(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 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (10) abandonment of the child exhibited when a parent or person responsible for a child's
care, does not have regular contact with the child and failed to demonstrate consistent interest
in the child's well-being; unless the parent or person responsible for a child's care establishes
an extreme financial hardship, physical hardship, treatment for mental disability or chemical
dependency, or other good cause that prevented the parent or person responsible for a child's
care from making contact with the child. A child custody determination under chapter 257
or 518 is not abandonment of the child.
new text end

(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 deleted text begin the subjection of a child deleted text end new text begin an action new text end by a person responsible for
the child's care, by a person who has a significant relationship to the child, deleted text begin as defined in
section 609.341 deleted text end , new text begin including the child's parent, stepparent, guardian, brother, sister, stepbrother,
stepsister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent,
great-uncle, or great-aunt, whether that person resides in the same dwelling as the child, or
other child or adult who jointly resides intermittently or regularly in the same dwelling as
the child, new text end or by deleted text begin a deleted text end new text begin any new text end person in a position of authority, as defined in section 609.341,
subdivision 10, new text begin that subjects a child new text end 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), or 609.3451 (criminal sexual conduct in the fifth
degree). 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. Effective
May 29, 2017, 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. deleted text begin 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).
deleted text end

(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 new text begin , paragraph (a), clause (2) new text end ;

(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; deleted text begin or
deleted text end

(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 deleted text begin . deleted text end new text begin ;
new text end

new text begin (5) new text end deleted text begin A child is the subject of deleted text end new text begin subjected a child to a status or condition requiring new text end a report
of deleted text begin threatened injury when the responsible social services agency receives deleted text end birth match data
under paragraph (q) from the Department of Human Services deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) committed a violation which requires registration as an offender under section
243.166, subdivision 1b, paragraph (a) or (b), and is a parent or a household member.
new text end

(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 deleted text begin may deleted text end new text begin shall new text end use deleted text begin either a family assessment or deleted text end new text begin an new text end 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.

new text begin (s) "Safety plan" means a written or oral plan made with the local social services agency
and the child's parent or legal custodian or ordered by the court that sets out the conditions
necessary to keep the child safe. A safety plan is developed, when required, after a safety
assessment. The plan may be part of a child protective services plan, out-of-home placement
plan, or reunification plan when the child leaves foster care.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 45.

Minnesota Statutes 2016, section 626.556, subdivision 3, is amended to read:

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 deleted text begin who is deleted text end new text begin while new text end 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
the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245D;
or a nonlicensed personal care provider organization as defined in section deleted text begin 256B.0625,
subdivision 19 deleted text end new text begin 256B.0659 new text end . 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 46.

Minnesota Statutes 2016, section 626.556, subdivision 3c, is amended to read:

Subd. 3c.

Local welfare agency, Department of Human Services or Department of
Health responsible for assessing or investigating reports of maltreatment.

(a) The county
local welfare agency is the agency responsible for assessing or investigating allegations of
maltreatment new text begin by a parent, guardian, or individual who resides in the child's household and
functions within the family unit as a person responsible for the child's care, new text end in child foster
care, family child care, legally unlicensed child care, juvenile correctional facilities licensed
under section 241.021 located in the local welfare agency's county, 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 facilities licensed under chapters 245A and
245D, 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 47.

Minnesota Statutes 2016, section 626.556, subdivision 3e, is amended to read:

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, new text begin or new text end sibling, deleted text begin or deleted text end new text begin whether that person resides
in the same dwelling as the child; new text end an individual deleted text begin functioning deleted text end new text begin who resides in the child's
household and functions new text end within the family unit as a person responsible for the child's care deleted text begin , deleted text end new text begin ; new text end
or deleted text begin a person deleted text end new text begin other child or adult who jointly resides intermittently or regularly in the same
dwelling as the child new text end deleted text begin with a significant relationship to the child if that person resides in the
child's household deleted text end . Effective May 29, 2017, the local welfare agency is also responsible for
investigating when a child is identified as a victim of sex trafficking.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 48.

Minnesota Statutes 2016, section 626.556, subdivision 7, is amended to read:

Subd. 7.

Report; information provided to parent; reporter.

(a) An oral report shall
be made immediately by telephone or otherwise. deleted text begin 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.
deleted text end

(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 deleted text begin (i) deleted text end new text begin (j) new text end , clause (3), item (iii). new text begin A treating professional or individual
specified to provide information under this paragraph is immune from liability as specified
under subdivision 4.
new text end

(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. deleted text begin 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.
deleted text end

(d) deleted text begin When requested, deleted text end The agency responsible for assessing or investigating a report shall
inform the reporter within ten days after the new text begin initial new text end report was made, either orally or in
writing, whether the report was accepted or not new text begin , unless release would be detrimental to the
best interests of the child new text end . deleted text begin 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. deleted text end
Any person mandated to report shall receive a summary of the new text begin final new text end 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. deleted text begin 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. deleted text end new text begin The local
welfare agency may inform the child-placing agency or the child foster care licensing agency
of the screened-out report when the report alleges child maltreatment by a child or adult
who resides intermittently or regularly in the same dwelling as the child where any child is
placed in foster care.
new text end

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 49.

Minnesota Statutes 2016, section 626.556, subdivision 10, is amended to read:

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 deleted text begin and deleted text end new text begin or new text end 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 deleted text begin and deleted text end new text begin
or new text end 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 deleted text begin and deleted text end new text begin or new text end in writing when a
report is received. new text begin When the alleged maltreatment occurred in another state involving a
child residing in Minnesota, the local welfare agency shall assume responsibility for child
protection assessment or investigation.
new text end

(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 new text begin according to
subdivision 3e new text end or substantial child endangerment new text begin according to subdivision 3c, paragraph
(a) new text end ;

(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.

deleted text begin 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). deleted text end new text begin (c) new text end 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.

deleted text begin (c) deleted text end new text begin (d) new text end 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.

deleted text begin (d) deleted text end new text begin (e) new text end 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.

deleted text begin (e) deleted text end new text begin (f) new text end 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.

deleted text begin (f) deleted text end new text begin (g) new text end 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.

deleted text begin (g) deleted text end new text begin (h) new text end 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.

deleted text begin (h) deleted text end new text begin (i) new text end 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.

deleted text begin (i) deleted text end new text begin (j) new text end 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 new text begin , including the name of the reporter of child maltreatment and any other
information collected under this subdivision, new text end 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.

deleted text begin (j) deleted text end new text begin (k) new text end Upon deleted text begin receipt of deleted text end a report new text begin made under subdivision 7, paragraph (a) new text end , 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 new text begin or the person who provided information under
subdivision 7, paragraph (b) new text end . The interview with the alleged offender may be postponed if
it would jeopardize an active law enforcement investigation.

deleted text begin (k) deleted text end new text begin (l) new text end 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.

deleted text begin (l) deleted text end new text begin (m) new text end 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 deleted text begin (j) deleted text end new text begin (k) new text end and deleted text begin (k) deleted text end new text begin (l) new text end , 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 deleted text begin (j) deleted text end new text begin (k) new text end and deleted text begin (k) deleted text end new text begin (l) new text end ,
and subdivision 3d.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 50.

Minnesota Statutes 2016, section 626.556, subdivision 10f, is amended to read:

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 deleted text begin (h) deleted text end new text begin (i) new text end , deleted text begin (i) deleted text end new text begin (j) new text end , and deleted text begin (j) deleted text end new text begin (k) new text end , 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. new text begin When the investigation involves a nonlicensed personal care
provider organization as defined in section 256B.0659, regardless of the relationship of the
victim to the nonlicensed personal care attendant, the local welfare agency responsible for
investigating the report shall notify the personal care provider agency of the determination
and shall provide a summary of the specific reasons for the determination. The notice to
the personal care provider agency must include identifying private data, but cannot identify
the reporter of maltreatment. The notice must also include a certification that the procedures
under subdivision 10, paragraphs (i), (j), and (k), 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 according to subdivision 11c. new text end 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
application or background study disqualification under chapter 245C related to employment
or services that are licensed by the Department of Human Services under chapter 245A, 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 51.

Minnesota Statutes 2016, section 626.556, subdivision 10m, is amended to read:

Subd. 10m.

Provision of child protective services; new text begin safety planning; new text end 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 deleted text begin unless deleted text end new text begin on the part of the family until new text end ordered by the court deleted text begin . deleted text end new text begin after a petition
under section 260C.141 has been filed. Family support and preservation services are voluntary
unless the services are ordered by the court.
new text end

(b) new text begin When a child's removal from a parent or guardian is necessary as part of a safety
plan, the removal must occur pursuant to a voluntary placement agreement under section
260C.227; a court order under section 260C.151, subdivision 6, 260C.178 or 260C.201; or
peace officer action authorized under section 260C.175, subdivision 1, clause (2). The local
agency must not use a delegation of power by a parent or guardian under section 524.5-211
or the standby custodian provisions of chapter 257B as authority to support removal of a
child from the care of a parent or guardian.
new text end

new text begin (c) new text end 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 new text begin or
safety plan new text end ;

(2) voluntary child protective services new text begin on the part of the family new text end may not provide sufficient
protection for the child; deleted text begin or
deleted text end

(3) the family is not cooperating with an investigation or assessment deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) removal of the child from a parent or guardian is necessary and a voluntary placement
agreement under section 260C.227 may not provide sufficient protection for the child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 52.

Minnesota Statutes 2016, section 626.556, subdivision 11, is amended to read:

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
new text begin not public information shared with an Indian's tribal social service agency under subdivision
10 and new text end 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 new text begin or
who has received not public information as permitted by this subdivision and new text end 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 necessary and relevant information to the licensing entity to enable the entity to
fulfill its statutory duties. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 53.

Minnesota Statutes 2016, section 626.5561, subdivision 1, is amended to read:

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 healthcare
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. deleted text begin 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. deleted text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 54.

Minnesota Statutes 2016, section 626.558, subdivision 2, is amended to read:

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 new text begin including, but not limited to, screening, new text end 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 new text begin and which
may include screening new text end . 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 55. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 119B.125, subdivision 8; and 256J.751, subdivision
1, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

MENTAL HEALTH SERVICES

Section 1.

Minnesota Statutes 2016, section 256B.0943, subdivision 8, is amended to read:

Subd. 8.

Required deleted text begin preservice deleted text end new text begin training new text end and continuing education.

(a) A provider entity
shall establish a deleted text begin plan deleted text end new text begin training program new text end to provide deleted text begin preservice deleted text end new text begin training new text end and continuing education
for staff. The deleted text begin plan deleted text end new text begin training program new text end must deleted text begin clearly deleted text end describe the deleted text begin type of deleted text end training new text begin provided by
the entity new text end necessary to new text begin obtain new skills and new text end maintain current skills deleted text begin and obtain new skills
and that relates to the provider entity's goals and objectives for services offered deleted text end new text begin to provide
appropriate services new text end .

(b) A provider new text begin entity new text end that employs a mental health behavioral aide under this section
must require the mental health behavioral aide to complete 30 hours of deleted text begin preservice deleted text end training.
deleted text begin The preservice training must include parent team training. The preservice training must
include 15 hours of in-person training of a mental health behavioral aide in mental health
services delivery and eight hours of parent team training. deleted text end new text begin Before providing services to a
client, the aide must complete 24 hours of training, including training on the role and
limitations of a behavioral aide, boundaries, ethics, confidentiality, the federal Health
Insurance Portability and Accountability Act of 1996 (HIPPA), child development,
documentation, crisis de-escalation skills, and common medications, their side effects and
impact on symptoms. A provider entity's policies are not considered part of the 24 hours of
required training.
new text end

new text begin Within 60 days of employment, the aide must complete six hours of Department of
Human Services approved or delivered parent team training. new text end Curricula for parent team
training must be approved in advance by the commissioner. Components of parent team
training include:

(1) deleted text begin partnering with deleted text end parents new text begin as partners new text end ;

(2) deleted text begin fundamentals of family support deleted text end new text begin understanding and supporting families new text end ;

(3) deleted text begin fundamentals of policy and decision making deleted text end new text begin impact on siblings new text end ;

(4) deleted text begin defining equal partnership deleted text end new text begin the role of culture in family structures new text end ; new text begin and
new text end

deleted text begin (5) complexities of the parent and service provider partnership in multiple service delivery
systems due to system strengths and weaknesses;
deleted text end

deleted text begin (6) sibling impacts;
deleted text end

deleted text begin (7) deleted text end new text begin (5) community resources and new text end support networks deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (8) community resources.
deleted text end

(c) A provider entity that employs a mental health practitioner and a mental health
behavioral aide to provide children's therapeutic services and supports under this section
must require the mental health practitioner and mental health behavioral aide to complete
20 hours of continuing education every two calendar years. The continuing education must
be related to serving the needs of a child with emotional disturbance deleted text begin in the child's home
environment and the child's family deleted text end .

(d) The provider entity must document the mental health practitioner's or mental health
behavioral aide's annual completion of the required continuing education. The documentation
must include the date, subject, deleted text begin and deleted text end number of hours of the continuing education, and
attendance records, as verified by the staff member's signature, job title, and the instructor's
name. The provider entity must keep documentation for each employee, including records
of attendance at professional workshops and conferences, at a central location and in the
employee's personnel file.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 3

OPERATIONS

Section 1.

Minnesota Statutes 2016, section 13.46, subdivision 3, is amended to read:

Subd. 3.

Investigative data.

(a) Data on persons, including data on vendors of services,
licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
system in an investigation, authorized by statute, and relating to the enforcement of rules
or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
shall not be disclosed except:

(1) pursuant to section 13.05;

(2) pursuant to statute or valid court order;

(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense; deleted text begin or
deleted text end

new text begin (4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement officer or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
administration of a state or federal health care welfare program; or
new text end

deleted text begin (4) deleted text end new text begin (5) new text end to provide notices required or permitted by statute.

The data referred to in this subdivision shall be classified as public data upon submission
to an administrative law judge or court in an administrative or judicial proceeding. Inactive
welfare investigative data shall be treated as provided in section 13.39, subdivision 3.

(b) Notwithstanding any other provision in law, the commissioner of human services
shall provide all active and inactive investigative data, including the name of the reporter
of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental
health and developmental disabilities upon the request of the ombudsman.

(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
by the commissioner of possible overpayments of public funds to a service provider or
recipient may be disclosed if the commissioner determines that it will not compromise the
investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 144.057, subdivision 1, is amended to read:

Subdivision 1.

Background studies required.

new text begin (a) new text end The commissioner of health shall
contract with the commissioner of human services to conduct background studies of:

(1) individuals providing services which have direct contact, as defined under section
245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes,
outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and
home care agencies licensed under chapter 144A; residential care homes licensed under
chapter 144B, and board and lodging establishments that are registered to provide supportive
or health supervision services under section 157.17;

(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact
services in a nursing home or a home care agency licensed under chapter 144A or a boarding
care home licensed under sections 144.50 to 144.58. If the individual under study resides
outside Minnesota, the study must include a check for substantiated findings of maltreatment
of adults and children in the individual's state of residence when the information is made
available by that state, and must include a check of the National Crime Information Center
database;

(3) beginning July 1, 1999, all other employees in nursing homes licensed under chapter
144A, and boarding care homes licensed under sections 144.50 to 144.58. A disqualification
of an individual in this section shall disqualify the individual from positions allowing direct
contact or access to patients or residents receiving services. "Access" means physical access
to a client or the client's personal property without continuous, direct supervision as defined
in section 245C.02, subdivision 8, when the employee's employment responsibilities do not
include providing direct contact services;

(4) individuals employed by a supplemental nursing services agency, as defined under
section 144A.70, who are providing services in health care facilities; and

(5) controlling persons of a supplemental nursing services agency, as defined under
section 144A.70.

new text begin (b) new text end If a facility or program is licensed by the Department of Human Services and subject
to the background study provisions of chapter 245C and is also licensed by the Department
of Health, the Department of Human Services is solely responsible for the background
studies of individuals in the jointly licensed programs.

new text begin (c) For an individual under paragraph (a), clause (2), who resides outside Minnesota,
when the criminal history check and check for substantiated maltreatment of a minor or
adult in Minnesota results in no disqualifying information, the commissioner may issue a
clearance notice to the individual and the entity that initiated the study, pending the result
of the check for substantiated maltreatment of a minor or adult in the individual's state of
residence. A clearance notice issued under this provision is the final notice to the individual
and entity. The commissioner shall notify the individual and entity if the check for
substantiated maltreatment from the individual's state of residence results in disqualifying
information.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 245A.02, subdivision 3, is amended to read:

Subd. 3.

Applicant.

"Applicant" means an individual, deleted text begin corporation, partnership, voluntary
association, controlling individual, or other deleted text end organization new text begin , or government entity, as defined
in section 13.02, subdivision 7a, new text end that deleted text begin has applied for licensure under this chapter and the
rules of the commissioner deleted text end new text begin is subject to licensure under this chapter and that has applied for
but not yet been granted a license under this chapter new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2016, section 245A.02, is amended by adding a subdivision to
read:

new text begin Subd. 10c. new text end

new text begin Owner. new text end

new text begin "Owner" means each individual or organization that has five percent
or more direct or indirect ownership interest in a program licensed under this chapter. For
purposes of this subdivision, "direct ownership interest" means the possession of equity in
capital, stock, or profits of an organization and "indirect ownership interest" means a direct
ownership interest in an entity that has a direct or indirect ownership interest in a licensed
program. For purposes of this chapter, owner of a nonprofit corporation means each member
of the board of directors. A government entity that is issued a license under this chapter
shall be designated the owner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 5.

Minnesota Statutes 2016, section 245A.03, subdivision 3, is amended to read:

Subd. 3.

Unlicensed programs.

(a) It is a misdemeanor for an individual, deleted text begin corporation,
partnership, voluntary association, other deleted text end organization, or deleted text begin a controlling individual deleted text end new text begin government
entity new text end to provide a residential or nonresidential program without a license new text begin issued under this
chapter new text end and in willful disregard of this chapter unless the program is excluded from licensure
under subdivision 2.

(b) The commissioner may ask the appropriate county attorney or the attorney general
to begin proceedings to secure a court order against the continued operation of the program,
if an individual, deleted text begin corporation, partnership, voluntary association, other deleted text end organization, or
deleted text begin controlling individual deleted text end new text begin government entity new text end has:

(1) failed to apply for a license new text begin under this chapter new text end after receiving notice that a license is
required or continues to operate without a license after receiving notice that a license is
required;

(2) continued to operate without a license after deleted text begin the deleted text end new text begin a new text end license new text begin issued under this chapter
new text end has been revoked or suspended under deleted text begin section 245A.07 deleted text end new text begin this chapter new text end , and the commissioner
has issued a final order affirming the revocation or suspension, or the license holder did not
timely appeal the sanction; or

(3) continued to operate without a license after deleted text begin the deleted text end new text begin a new text end license new text begin issued under this chapter
new text end has been temporarily new text begin immediately new text end suspended deleted text begin under section 245A.07 deleted text end new text begin pursuant to this chapter new text end .

The county attorney and the attorney general have a duty to cooperate with the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 6.

Minnesota Statutes 2016, section 245A.04, subdivision 1, is amended to read:

Subdivision 1.

Application for licensure.

(a) An individual, deleted text begin corporation, partnership,
voluntary association, other deleted text end organization deleted text begin or controlling individual deleted text end new text begin , or government entity new text end
that is subject to licensure under section 245A.03 must apply for a license. The application
must be made on the forms and in the manner prescribed by the commissioner. The
commissioner shall provide the applicant with instruction in completing the application and
provide information about the rules and requirements of other state agencies that affect the
applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within the state. new text begin An applicant who intends
to buy or otherwise acquire a program or services licensed under this chapter that is owned
by another license holder must comply with the application procedures in this section and
section 245A.03.
new text end

The commissioner shall act on the application within 90 working days after a complete
application and any required reports have been received from other state agencies or
departments, counties, municipalities, or other political subdivisions. The commissioner
shall not consider an application to be complete until the commissioner receives all of the
information required under section 245C.05.

When the commissioner receives an application for initial licensure that is incomplete
because the applicant failed to submit required documents or that is substantially deficient
because the documents submitted do not meet licensing requirements, the commissioner
shall provide the applicant written notice that the application is incomplete or substantially
deficient. In the written notice to the applicant the commissioner shall identify documents
that are missing or deficient and give the applicant 45 days to resubmit a second application
that is substantially complete. An applicant's failure to submit a substantially complete
application after receiving notice from the commissioner is a basis for license denial under
section 245A.05.

(b) An application for licensure must identify all controlling individuals new text begin as defined in
section 245A.02, subdivision 5a, new text end and must deleted text begin specify an deleted text end new text begin designate one controlling individual
to be the authorized new text end agent deleted text begin who is responsible for dealing with the commissioner of human
services on all matters provided for in this chapter and on whom service of all notices and
orders must be made deleted text end new text begin for the license holder new text end . new text begin The application must be signed by the authorized
agent and must include the first, middle, and last name; mailing address; and e-mail address
of the authorized agent. By submitting an application for licensure, the authorized agent
consents to electronic communication with the commissioner throughout the application
process. new text end The new text begin authorized new text end agent must be authorized to accept service on behalf of all of the
controlling individuals deleted text begin of the program deleted text end . Service on the new text begin authorized new text end agent is service on all of
the controlling individuals deleted text begin of the program deleted text end . It is not a defense to any action arising under
this chapter that service was not made on each controlling individual deleted text begin of the program deleted text end . The
designation of deleted text begin one or more deleted text end new text begin a new text end controlling deleted text begin individuals deleted text end new text begin individual new text end as deleted text begin agents deleted text end new text begin the authorized
agent new text end under this paragraph does not affect the legal responsibility of any other controlling
individual under this chapter.

(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under the
influence of a chemical that impairs the individual's ability to provide services or care. The
license holder must train employees, subcontractors, and volunteers about the program's
drug and alcohol policy.

(d) An applicant and license holder must have a program grievance procedure that permits
persons served by the program and their authorized representatives to bring a grievance to
the highest level of authority in the program.

(e) deleted text begin The applicant must be able to demonstrate competent knowledge of the applicable
requirements of this chapter and chapter 245C, and the requirements of other licensing
statutes and rules applicable to the program or services for which the applicant is seeking
to be licensed. Effective January 1, 2013, deleted text end new text begin The commissioner may limit communication
during the application process to the authorized agent or the controlling individual identified
on the license application and for whom a background study was initiated under chapter
245C. new text end The commissioner may require the applicant, except for child foster care, to
demonstrate competence in the applicable licensing requirements by successfully completing
a written examination. The commissioner may develop a prescribed written examination
format.

(f) When an applicant is an individual, the individual must provide:

(1) the applicant's taxpayer identification numbers including the Social Security number new text begin
or Minnesota tax identification number new text end , and federal employer identification number if the
applicant has employees;

(2) new text begin a copy of the most recent filing with the secretary of state that includes new text end the complete
business name, if any, and if doing business under a different name, the doing business as
(DBA) name, as registered with the secretary of state; deleted text begin and
deleted text end

(3) deleted text begin a notarized signature of the applicant. deleted text end new text begin if applicable, the applicant's National Provider
Identifier (NPI) number and Unique Minnesota Provider Identifier (UMPI) number; and
new text end

new text begin (4) at the request of the commissioner, the notarized signature of the applicant or
authorized agent.
new text end

(g) When an applicant is deleted text begin a nonindividual deleted text end new text begin an organization new text end , the applicant must provide
deleted text begin the deleted text end :

(1) new text begin the new text end applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;

(2) new text begin a copy of the most recent filing with the secretary of state that includes the new text end complete
business name, and if doing business under a different name, the doing business as (DBA)
name, as registered with the secretary of state;

(3) new text begin the new text end first, middle, and last name, and address for all individuals who will be controlling
individuals, including all officers, owners, and managerial officials as defined in section
245A.02, subdivision 5a, and the date that the background study was initiated by the applicant
for each controlling individual; deleted text begin and
deleted text end

deleted text begin (4) first, middle, and last name, mailing address, and notarized signature of the agent
authorized by the applicant to accept service on behalf of the controlling individuals.
deleted text end

new text begin (4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
Minnesota Provider Identifier (UMPI) number;
new text end

new text begin (5) the records that created the organization and that determine its internal governance
and the relations among the persons that own it, have an interest in it, or are members of it,
in each case as provided or authorized by its governing statute, which may include a
partnership agreement, bylaws, articles of organization, organizational chart, and operating
agreement, or comparable documents as provided in the organization's governing statute;
and
new text end

new text begin (6) at the request of the commissioner, the notarized signature of the applicant or
authorized agent.
new text end

new text begin (h) When the applicant is a government entity, the applicant must provide:
new text end

new text begin (1) the name of the government agency, political subdivision, or other unit of government
that is seeking the license and the name of the program or services that will be licensed;
new text end

new text begin (2) the taxpayer identification numbers including the Minnesota tax identification number
and federal employer identification number;
new text end

new text begin (3) a letter signed by the manager, administrator, or other executive of the government
entity authorizing the submission of the license application;
new text end

new text begin (4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
Minnesota Provider Identifier (UMPI) number; and
new text end

new text begin (5) first, middle, and last name; mailing address; e-mail address; and signature of the
authorized agent for each license issued to the government entity. A government entity that
holds multiple licenses under this chapter may designate one authorized agent for all licenses
issued under this chapter or may designate a different authorized agent for each license.
new text end

deleted text begin (h) deleted text end new text begin (i) new text end At the time of application for licensure or renewal of a license new text begin under this chapter new text end ,
the applicant or license holder must acknowledge on the form provided by the commissioner
if the applicant or license holder elects to receive any public funding reimbursement from
the commissioner for services provided under the license that:

(1) the applicant's or license holder's compliance with the provider enrollment agreement
or registration requirements for receipt of public funding may be monitored by the
commissioner as part of a licensing investigation or licensing inspection; and

(2) noncompliance with the provider enrollment agreement or registration requirements
for receipt of public funding that is identified through a licensing investigation or licensing
inspection, or noncompliance with a licensing requirement that is a basis of enrollment for
reimbursement for a service, may result in:

(i) a correction order or a conditional license under section 245A.06, or sanctions under
deleted text begin section deleted text end new text begin sections 245A.045 and new text end 245A.07;

(ii) nonpayment of claims submitted by the license holder for public program
reimbursement;

(iii) recovery of payments made for the service;

(iv) disenrollment in the public payment program; or

(v) other administrative, civil, or criminal penalties as provided by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 7.

Minnesota Statutes 2016, section 245A.07, subdivision 1, is amended to read:

Subdivision 1.

Sanctions; appeals; license new text begin ; inactive programs new text end .

(a) In addition to
making a license conditional under section 245A.06, the commissioner may suspend or
revoke the license, impose a fine, or secure an injunction against the continuing operation
of the program of a license holder who does not comply with applicable law or rule. When
applying sanctions authorized under this section, the commissioner shall consider the nature,
chronicity, or severity of the violation of law or rule and the effect of the violation on the
health, safety, or rights of persons served by the program.

(b) If a license holder appeals the suspension or revocation of a license and the license
holder continues to operate the program pending a final order on the appeal, the commissioner
shall issue the license holder a temporary provisional license. Unless otherwise specified
by the commissioner, variances in effect on the date of the license sanction under appeal
continue under the temporary provisional license. If a license holder fails to comply with
applicable law or rule while operating under a temporary provisional license, the
commissioner may impose additional sanctions under this section and section 245A.06, and
may terminate any prior variance. If a temporary provisional license is set to expire, a new
temporary provisional license shall be issued to the license holder upon payment of any fee
required under section 245A.10. The temporary provisional license shall expire on the date
the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
license shall be issued for the remainder of the current license period.

(c) If a license holder is under investigation and the license new text begin issued under this chapter new text end is
due to expire before completion of the investigation, the program shall be issued a new
license upon completion of the reapplication requirements and payment of any applicable
license fee. Upon completion of the investigation, a licensing sanction may be imposed
against the new license under this section, section 245A.06, or 245A.08.

(d) Failure to reapply or closure of a license new text begin issued under this chapter new text end by the license
holder prior to the completion of any investigation shall not preclude the commissioner
from issuing a licensing sanction under this section deleted text begin , deleted text end new text begin or new text end section deleted text begin 245A.06, or 245A.08 deleted text end new text begin
245A.045 or 245A.06 new text end at the conclusion of the investigation.

new text begin (e) The commissioner may suspend, revoke, or close a license when the commissioner
determines that a licensed program has not been serving any clients for a consecutive period
of 12 months or longer. The commissioner need not consider nature, severity, or chronicity
of the act when suspending, revoking, or closing a license under this provision.
new text end

new text begin (f) The commissioner may suspend or revoke a license when the commissioner determines
that a license holder or controlling individual was criminally charged with fraud or theft.
The commissioner need not consider nature, severity, or chronicity of the act when
suspending or revoking a license under this provision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 8.

Minnesota Statutes 2016, section 245A.07, subdivision 3, is amended to read:

Subd. 3.

License suspension, revocation, or fine.

(a) The commissioner may suspend
or revoke a license, or impose a fine if:

(1) a license holder fails to comply fully with applicable laws or rules new text begin including, but not
limited to, this chapter and chapters 119B and 245C new text end ;

(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
a disqualification which has not been set aside under section 245C.22;

(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules; or

(4) deleted text begin after July 1, 2012, and upon request by the commissioner, a license holder fails to
submit the information required of an applicant under section 245A.04, subdivision 1,
paragraph (f) or (g) deleted text end new text begin a license holder is prohibited from holding a license according to section
245.095 new text end .

A license holder who has had a license new text begin issued under this chapter new text end suspended, revoked,
or has been ordered to pay a fine must be given notice of the action by certified mail or
personal service. If mailed, the notice must be mailed to the address shown on the application
or the last known address of the license holder. The notice must state the reasons the license
was suspended, revoked, or a fine was ordered.

(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail or personal service. If mailed, the appeal must be postmarked and sent to
the commissioner within ten calendar days after the license holder receives notice that the
license has been suspended or revoked. If a request is made by personal service, it must be
received by the commissioner within ten calendar days after the license holder received the
order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a
timely appeal of an order suspending or revoking a license, the license holder may continue
to operate the program as provided in section 245A.04, subdivision 7, paragraphs deleted text begin (g) deleted text end new text begin (f) new text end
and deleted text begin (h) deleted text end new text begin (g) new text end , until the commissioner issues a final order on the suspension or revocation.

(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail or personal service. If mailed,
the appeal must be postmarked and sent to the commissioner within ten calendar days after
the license holder receives notice that the fine has been ordered. If a request is made by
personal service, it must be received by the commissioner within ten calendar days after
the license holder received the order.

(2) The license holder shall pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.

(3) A license holder shall promptly notify the commissioner of human services, in writing,
when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected as indicated by the order
to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify
the license holder by certified mail or personal service that a second fine has been assessed.
The license holder may appeal the second fine as provided under this subdivision.

(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for each
determination of maltreatment of a child under section 626.556 or the maltreatment of a
vulnerable adult under section 626.557 for which the license holder is determined responsible
for the maltreatment under section 626.556, subdivision 10e, paragraph (i), or 626.557,
subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each occurrence of
a violation of law or rule governing matters of health, safety, or supervision, including but
not limited to the provision of adequate staff-to-child or adult ratios, and failure to comply
with background study requirements under chapter 245C; and the license holder shall forfeit
$100 for each occurrence of a violation of law or rule other than those subject to a $1,000
or $200 fine above. For purposes of this section, "occurrence" means each violation identified
in the commissioner's fine order. Fines assessed against a license holder that holds a license
to provide home and community-based services, as identified in section 245D.03, subdivision
1, and a community residential setting or day services facility license under chapter 245D
where the services are provided, may be assessed against both licenses for the same
occurrence, but the combined amount of the fines shall not exceed the amount specified in
this clause for that occurrence.

(5) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.

(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 9.

Minnesota Statutes 2016, section 245A.08, subdivision 3, is amended to read:

Subd. 3.

Burden of proof.

(a) At a hearing regarding a licensing sanction under section
245A.07, including consolidated hearings under subdivision 2a, the commissioner may
demonstrate reasonable cause for action taken by submitting statements, reports, or affidavits
to substantiate the allegations that the license holder failed to comply fully with applicable
law or rule. If the commissioner demonstrates that reasonable cause existed, the burden of
proof shifts to the license holder to demonstrate by a preponderance of the evidence that
the license holder was in full compliance with those laws or rules that the commissioner
alleges the license holder violated, at the time that the commissioner alleges the violations
of law or rules occurred.

(b) At a hearing on denial of an application new text begin for a license or to convert a provisional
license issued under section 245A.045 into a license new text end , the applicant bears the burden of proof
to demonstrate by a preponderance of the evidence that the appellant has complied fully
with this chapter and other applicable law or rule and that the application should be approved
and a license granted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 10.

Minnesota Statutes 2016, section 245C.02, subdivision 5, is amended to read:

Subd. 5.

Background study.

"Background study" means the review of records conducted
by the commissioner to determine whether a subject is disqualified from direct contact with
persons served by a program and, where specifically provided in statutes, whether a subject
is disqualified from having access to persons served by a program. new text begin If required by law, the
background study must include a national criminal history record check.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2016, section 245C.02, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin National criminal history record check. new text end

new text begin "National criminal history record
check" means a check of records maintained by the Federal Bureau of Investigation through
submission of fingerprints through the Minnesota Bureau of Criminal Apprehension to the
Federal Bureau of Investigation, when specifically required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2016, section 245C.02, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin National criminal records repository. new text end

new text begin For purposes of background studies
conducted under this chapter, "national criminal records repository" refers to the Federal
Bureau of Investigation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2016, section 245C.02, subdivision 13b, is amended to read:

Subd. 13b.

NETStudy 2.0.

"NETStudy 2.0" means the commissioner's system that
replaces both NETStudy and the department's internal background study processing system.
NETStudy 2.0 is designed to enhance protection of children and vulnerable adults by
improving the accuracy of background studies through fingerprint-based criminal record
checks and expanding the background studies to include a review of information from the
Minnesota Court Information System and deleted text begin the national crime information database deleted text end new text begin a national
criminal history record check new text end . NETStudy 2.0 is also designed to increase efficiencies in and
the speed of the hiring process by:

(1) providing access to and updates from public Web-based data related to employment
eligibility;

(2) decreasing the need for repeat studies through electronic updates of background
study subjects' criminal records;

(3) supporting identity verification using subjects' Social Security numbers and
photographs;

(4) using electronic employer notifications; and

(5) issuing immediate verification of subjects' eligibility to provide services as more
studies are completed under the NETStudy 2.0 system.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2016, section 245C.05, subdivision 1, is amended to read:

Subdivision 1.

Individual studied.

(a) The individual who is the subject of the
background study must provide the applicant, license holder, or other entity under section
245C.04 with sufficient information to ensure an accurate study, including:

(1) the individual's first, middle, and last name and all other names by which the
individual has been known;

(2) current home address, city, and state of residence;

(3) current zip code;

(4) sex;

(5) date of birth;

(6) driver's license number or state identification number; and

(7) upon implementation of NETStudy 2.0, the home address, city, county, and state of
residence for the past five years.

(b) Every subject of a background study conducted or initiated by counties or private
agencies under this chapter must also provide the home address, city, county, and state of
residence for the past five years.

(c) Every subject of a background study related to private agency adoptions or related
to child foster care licensed through a private agency, who is 18 years of age or older, shall
also provide the commissioner a signed consent for the release of any information received
deleted text begin from national crime information databases deleted text end new text begin following a national criminal history record
check new text end to the private agency that initiated the background study.

(d) The subject of a background study shall provide fingerprints and a photograph as
required in subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2016, section 245C.05, subdivision 5, is amended to read:

Subd. 5.

Fingerprints and photograph.

(a) Before the implementation of NETStudy
2.0, except as provided in paragraph (c), for any background study completed under this
chapter, when the commissioner has reasonable cause to believe that further pertinent
information may exist on the subject of the background study, the subject shall provide the
commissioner with a set of classifiable fingerprints obtained from an authorized agency new text begin for
a national criminal history record check new text end .

(b) Before the implementation of NETStudy 2.0, for purposes of requiring fingerprints new text begin
for a national criminal history record check new text end , the commissioner has reasonable cause when,
but not limited to, the:

(1) information from the Bureau of Criminal Apprehension indicates that the subject is
a multistate offender;

(2) information from the Bureau of Criminal Apprehension indicates that multistate
offender status is undetermined; or

(3) commissioner has received a report from the subject or a third party indicating that
the subject has a criminal history in a jurisdiction other than Minnesota.

(c) Notwithstanding paragraph (d), for background studies conducted by the commissioner
for child foster care, adoptions, or a transfer of permanent legal and physical custody of a
child, the subject of the background study, who is 18 years of age or older, shall provide
the commissioner with a set of classifiable fingerprints obtained from an authorized agency new text begin
for a national criminal history record check new text end .

(d) For background studies initiated on or after the implementation of NETStudy 2.0,
every subject of a background study must provide the commissioner with a set of the
background study subject's classifiable fingerprints and photograph. The photograph and
fingerprints must be recorded at the same time by the commissioner's authorized fingerprint
collection vendor and sent to the commissioner through the commissioner's secure data
system described in section 245C.32, subdivision 1a, paragraph (b). The fingerprints shall
not be retained by the Department of Public Safety, Bureau of Criminal Apprehension, or
the commissioner, but will be retained by the Federal Bureau of Investigation. The
commissioner's authorized fingerprint collection vendor shall, for purposes of verifying the
identity of the background study subject, be able to view the identifying information entered
into NETStudy 2.0 by the entity that initiated the background study, but shall not retain the
subject's fingerprints, photograph, or information from NETStudy 2.0. The authorized
fingerprint collection vendor shall retain no more than the name and date and time the
subject's fingerprints were recorded and sent, only as necessary for auditing and billing
activities.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2016, section 245C.08, subdivision 1, is amended to read:

Subdivision 1.

Background studies conducted by Department of Human Services.

(a) For a background study conducted by the Department of Human Services, the
commissioner shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in clause (6), information deleted text begin from the national crime information
system deleted text end new text begin received as a result of a national criminal history record check new text end when the commissioner
has reasonable cause as defined under section 245C.05, subdivision 5, or as required under
section 144.057, subdivision 1, clause (2); and

(6) for a background study related to a child foster care application for licensure, a
transfer of permanent legal and physical custody of a child under sections 260C.503 to
260C.515, or adoptions, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) deleted text begin information from national crime information databases, deleted text end when the background study
subject is 18 years of age or older new text begin , information received from a national criminal history
record check new text end .

(b) Notwithstanding expungement by a court, the commissioner may consider information
obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner.

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.

(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2016, section 245C.08, subdivision 3, is amended to read:

Subd. 3.

Arrest and investigative information.

(a) For any background study completed
under this section, if the commissioner has reasonable cause to believe the information is
pertinent to the disqualification of an individual, the commissioner also may review arrest
and investigative information from:

(1) the Bureau of Criminal Apprehension;

(2) the commissioner of health;

(3) a county attorney;

(4) a county sheriff;

(5) a county agency;

(6) a local chief of police;

(7) other states;

(8) the courts;

(9) the Federal Bureau of Investigation new text begin received by the commissioner following a national
criminal history record check new text end ;

(10) the National Criminal Records Repository; and

(11) criminal records from other states.

(b) The commissioner is not required to conduct more than one review of a subject's
records from the Federal Bureau of Investigation if a deleted text begin review of the subject's criminal history
with the Federal Bureau of Investigation deleted text end new text begin national criminal history record check new text end has already
been completed by the commissioner and there has been no break in the subject's affiliation
with the license holder who initiated the background study.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

Minnesota Statutes 2016, section 245C.12, is amended to read:

245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.

(a) For the purposes of background studies completed by tribal organizations performing
licensing activities otherwise required of the commissioner under this chapter, after obtaining
consent from the background study subject, tribal licensing agencies shall have access to
criminal history data in the same manner as county licensing agencies and private licensing
agencies under this chapter.

(b) Tribal organizations may contract with the commissioner to obtain background study
data on individuals under tribal jurisdiction related to adoptions according to section 245C.34.
Tribal organizations may also contract with the commissioner to obtain background study
data on individuals under tribal jurisdiction related to child foster care according to section
245C.34.

(c) For the purposes of background studies completed to comply with a tribal
organization's licensing requirements for individuals affiliated with a tribally licensed nursing
facility, the commissioner shall obtain criminal history data from the deleted text begin National Criminal
Records Repository deleted text end new text begin national criminal history record check new text end in accordance with section
245C.32.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2016, section 245C.32, subdivision 1a, is amended to read:

Subd. 1a.

NETStudy 2.0 system.

(a) The commissioner shall design, develop, and test
the NETStudy 2.0 system and implement it no later than September 1, 2015.

(b) The NETStudy 2.0 system developed and implemented by the commissioner shall
incorporate and meet all applicable data security standards and policies required by the
Federal Bureau of Investigation (FBI), Department of Public Safety, Bureau of Criminal
Apprehension, and the Office of MN.IT Services. The system shall meet all required
standards for encryption of data at the database level as well as encryption of data that
travels electronically among agencies initiating background studies, the commissioner's
authorized fingerprint collection vendor, the commissioner, the Bureau of Criminal
Apprehension, and in cases involving national criminal new text begin history new text end record checks, the FBI.

(c) The data system developed and implemented by the commissioner shall incorporate
a system of data security that allows the commissioner to control access to the data field
level by the commissioner's employees. The commissioner shall establish that employees
have access to the minimum amount of private data on any individual as is necessary to
perform their duties under this chapter.

(d) The commissioner shall oversee regular quality and compliance audits of the
authorized fingerprint collection vendor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2016, section 245C.32, subdivision 2, is amended to read:

Subd. 2.

Use.

(a) The commissioner may also use these systems and records to obtain
and provide criminal history data from the Bureau of Criminal Apprehension, criminal
history data held by the commissioner, and data about substantiated maltreatment under
section 626.556 or 626.557, for other purposes, provided that:

(1) the background study is specifically authorized in statute; or

(2) the request is made with the informed consent of the subject of the study as provided
in section 13.05, subdivision 4.

(b) An individual making a request under paragraph (a), clause (2), must agree in writing
not to disclose the data to any other individual without the consent of the subject of the data.

(c) The commissioner may recover the cost of obtaining and providing background study
data by charging the individual or entity requesting the study a fee of no more than $20 per
study. The fees collected under this paragraph are appropriated to the commissioner for the
purpose of conducting background studies.

(d) The commissioner shall recover the cost of obtaining background study data required
under section 524.5-118 through a fee of $50 per study for an individual who has not lived
outside Minnesota for the past ten years, and a fee of $100 for an individual who has resided
outside of Minnesota for any period during the ten years preceding the background study.
The commissioner shall recover, from the individual, any additional fees charged by other
states' licensing agencies that are associated with these data requests. Fees under subdivision
3 also apply when deleted text begin criminal history data from the National Criminal Records Repository is
required deleted text end new text begin , as required by law, the background study includes a national criminal history
record check new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2016, section 245C.32, subdivision 3, is amended to read:

Subd. 3.

National records search.

(a) When specifically required by statute, the
deleted text begin commissioner shall also obtain criminal history data from the National Criminal Records
Repository deleted text end new text begin background study shall include a national criminal history record check new text end .

(b) To obtain criminal history data from the deleted text begin National Criminal Records Repository deleted text end new text begin
Federal Bureau of Investigation new text end , the commissioner shall require classifiable fingerprints of
the data subject and must submit these fingerprint requests through the Bureau of Criminal
Apprehension.

(c) The commissioner may require the background study subject to submit fingerprint
images electronically. The commissioner may not require electronic fingerprint images until
the electronic recording and transfer system is available for noncriminal justice purposes
and the necessary equipment is in use in the law enforcement agency in the background
study subject's local community.

(d) The commissioner may recover the cost of obtaining deleted text begin and providing deleted text end criminal history
data deleted text begin from the National Criminal Records Repository deleted text end new text begin , including a national criminal history
record check, new text end by charging the individual or entity requesting the study a fee of no more than
$30 per study. The fees collected under this subdivision are appropriated to the commissioner
for the purpose of deleted text begin obtaining criminal history data from the National Criminal Records
Repository deleted text end new text begin a national criminal history record check new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22.

Minnesota Statutes 2016, section 245C.33, subdivision 4, is amended to read:

Subd. 4.

Information commissioner reviews.

(a) The commissioner shall review the
following information regarding the background study subject:

(1) the information under section 245C.08, subdivisions 1, 3, and 4;

(2) information from the child abuse and neglect registry for any state in which the
subject has resided for the past five years; and

(3) information deleted text begin from national crime information databases deleted text end new text begin received following a national
criminal history record check new text end , when required under section 245C.08.

(b) The commissioner shall provide any information collected under this subdivision to
the county or private agency that initiated the background study. The commissioner shall
also provide the agency:

(1) notice whether the information collected shows that the subject of the background
study has a conviction listed in United States Code, title 42, section 671(a)(20)(A); and

(2) for background studies conducted under subdivision 1, paragraph (a), the date of all
adoption-related background studies completed on the subject by the commissioner after
June 30, 2007, and the name of the county or private agency that initiated the adoption-related
background study.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

Minnesota Statutes 2016, section 245C.34, subdivision 4, is amended to read:

Subd. 4.

Information commissioner reviews.

(a) The commissioner shall review the
following information regarding the background study subject:

(1) the information under section 245C.08, subdivisions 1, 3, and 4;

(2) information from the child abuse and neglect registry for any state in which the
subject has resided for the past five years; and

(3) information from deleted text begin national crime information databases deleted text end new text begin a national criminal history
record check new text end , when required under section 245C.08.

(b) The commissioner shall provide any information collected under this subdivision to
the tribal organization that initiated the background study. The commissioner shall indicate
if the information collected shows that the subject of the background study has a conviction
listed in United States Code, title 42, section 671(a)(20)(A).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 24.

Minnesota Statutes 2016, section 245D.10, subdivision 3a, is amended to read:

Subd. 3a.

Service termination.

(a) The license holder must establish policies and
procedures for service termination that promote continuity of care and service coordination
with the person and the case manager and with other licensed caregivers, if any, who also
provide support to the person. The policy must include the requirements specified in
paragraphs (b) to (f).

(b) The license holder must permit each person to remain in the program and must not
terminate services unless:

(1) the termination is necessary for the person's welfare and the person's needs cannot
be met in the facility;

(2) the safety of the person or others in the program is endangered and positive support
strategies were attempted and have not achieved and effectively maintained safety for the
person or others;

(3) the health of the person or others in the program would otherwise be endangered;

(4) the program has not been paid for services;

(5) the program ceases to operate; or

(6) the person has been terminated by the lead agency from waiver eligibility.

(c) Prior to giving notice of service termination, the license holder must document actions
taken to minimize or eliminate the need for termination. Action taken by the license holder
must include, at a minimum:

(1) consultation with the person's support team or expanded support team to identify
and resolve issues leading to issuance of the notice; and

(2) a request to the case manager for intervention services identified in section 245D.03,
subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention
services to support the person in the program. This requirement does not apply to notices
of service termination issued under paragraph (b), clause (4) new text begin or (5) new text end .

If, based on the best interests of the person, the circumstances at the time of the notice were
such that the license holder was unable to take the action specified in clauses (1) and (2),
the license holder must document the specific circumstances and the reason for being unable
to do so.

(d) The notice of service termination must meet the following requirements:

(1) the license holder must notify the person or the person's legal representative and the
case manager in writing of the intended service termination. If the service termination is
from residential supports and services as defined in section 245D.03, subdivision 1, paragraph
(c), clause (3), the license holder must also notify the commissioner in writing; and

(2) the notice must include:

(i) the reason for the action;

(ii) except for a service termination under paragraph (b), clause new text begin (4) or new text end (5), a summary
of actions taken to minimize or eliminate the need for service termination or temporary
service suspension as required under paragraph (c), and why these measures failed to prevent
the termination or suspension;

(iii) the person's right to appeal the termination of services under section 256.045,
subdivision 3, paragraph (a); and

(iv) the person's right to seek a temporary order staying the termination of services
according to the procedures in section 256.045, subdivision 4a or 6, paragraph (c).

(e) Notice of the proposed termination of service, including those situations that began
with a temporary service suspension, must be given at least 60 days prior to termination
when a license holder is providing intensive supports and services identified in section
245D.03, subdivision 1, paragraph (c), and 30 days prior to termination for all other services
licensed under this chapter. This notice may be given in conjunction with a notice of
temporary service suspension under subdivision 3.

(f) During the service termination notice period, the license holder must:

(1) work with the support team or expanded support team to develop reasonable
alternatives to protect the person and others and to support continuity of care;

(2) provide information requested by the person or case manager; and

(3) maintain information about the service termination, including the written notice of
intended service termination, in the service recipient record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 25.

Minnesota Statutes 2016, section 256.01, subdivision 18d, is amended to read:

Subd. 18d.

Data sharing with Department of Human Services; multiple identification
cards.

(a) The commissioner of public safety shall, on a monthly basis, provide the
commissioner of human services with the first, middle, and last name, the address, date of
birth, driver's license or state identification card number, new text begin Social Security or taxpayer
identification number, new text end and all photographs or electronically produced images of all applicants
and holders whose drivers' licenses and state identification cards have been canceled under
section 171.14, paragraph (a), clause (2) or (3), by the commissioner of public safety. After
the initial data report has been provided by the commissioner of public safety to the
commissioner of human services under this paragraph, subsequent reports shall only include
cancellations that occurred after the end date of the cancellations represented in the previous
data report.

(b) The commissioner of human services shall compare the information provided under
paragraph (a) with the commissioner's data regarding recipients of all public assistance
programs managed by the Department of Human Services to determine whether any
individual with multiple identification cards issued by the Department of Public Safety has
illegally or improperly enrolled in any public assistance program managed by the Department
of Human Services.

(c) If the commissioner of human services determines that an applicant or recipient has
illegally or improperly enrolled in any public assistance program, the commissioner shall
provide all due process protections to the individual before terminating the individual from
the program according to applicable statute and notifying the county attorney.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26.

Minnesota Statutes 2016, section 256.01, subdivision 18e, is amended to read:

Subd. 18e.

Data sharing with the Department of Human Services; legal presence
deleted text begin date deleted text end new text begin data new text end .

(a) The commissioner of public safety shall, on a monthly basis, provide the
commissioner of human services with the first, middle, and last name, and address, date of
birth, new text begin Social Security or taxpayer identification number, new text end and driver's license or state
identification card number of all applicants and holders of drivers' licenses and state
identification cards whose temporary legal presence date has expired and as a result the
driver's license or identification card has been accordingly canceled under section 171.14
by the commissioner of public safety.

(b) The commissioner of human services shall use the information provided under
paragraph (a) to determine whether the eligibility of any recipients of public assistance
programs managed by the Department of Human Services has changed as a result of the
deleted text begin status change in deleted text end new text begin data provided by new text end the Department of Public Safety deleted text begin data deleted text end .

(c) If the commissioner of human services determines that a recipient has illegally or
improperly received benefits from any public assistance program, the commissioner shall
provide all due process protections to the individual before terminating the individual from
the program according to applicable statute and deleted text begin notifying deleted text end new text begin must notify new text end the county attorney.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 27.

Minnesota Statutes 2016, section 256.045, subdivision 3, is amended to read:

Subd. 3.

State agency hearings.

(a) State agency hearings are available for the following:

(1) any person applying for, receiving or having received public assistance, medical
care, or a program of social services granted by the state agency or a county agency or the
federal Food Stamp Act whose application for assistance is denied, not acted upon with
reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed
to have been incorrectly paid;

(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;

(3) a party aggrieved by a ruling of a prepaid health plan;

(4) except as provided under chapter 245C, any individual or facility determined by a
lead investigative agency to have maltreated a vulnerable adult under section 626.557 after
they have exercised their right to administrative reconsideration under section 626.557;

(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under section 626.556 is denied or not
acted upon with reasonable promptness, regardless of funding source;

(6) any person to whom a right of appeal according to this section is given by other
provision of law;

(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15;

(8) an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;

(9) except as provided under chapter 245A, an individual or facility determined to have
maltreated a minor under section 626.556, after the individual or facility has exercised the
right to administrative reconsideration under section 626.556;

(10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
626.556, subdivision 3, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or (9) and a disqualification under this clause in which the
basis for a disqualification is serious or recurring maltreatment, shall be consolidated into
a single fair hearing. In such cases, the scope of review by the human services judge shall
include both the maltreatment determination and the disqualification. The failure to exercise
the right to an administrative reconsideration shall not be a bar to a hearing under this section
if federal law provides an individual the right to a hearing to dispute a finding of
maltreatment;

(11) any person with an outstanding debt resulting from receipt of public assistance,
medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
Department of Human Services or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt;

(12) a person issued a notice of service termination under section 245D.10, subdivision
3a, from residential supports and services as defined in section 245D.03, subdivision 1,
paragraph (c), clause (3), that is not otherwise subject to appeal under subdivision 4a; or

(13) an individual disability waiver recipient based on a denial of a request for a rate
exception under section 256B.4914.

(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10),
is the only administrative appeal to the final agency determination specifically, including
a challenge to the accuracy and completeness of data under section 13.04. Hearings requested
under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A
hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only
available when there is no district court action pending. If such action is filed in district
court while an administrative review is pending that arises out of some or all of the events
or circumstances on which the appeal is based, the administrative review must be suspended
until the judicial actions are completed. If the district court proceedings are completed,
dismissed, or overturned, the matter may be considered in an administrative hearing. new text begin If the
district court action is a juvenile protection proceeding under chapter 260C, the matter may
also be considered in an administrative hearing if an adjudication was made under section
260C.513 and the only actions still before the district court are status review hearings.
new text end

(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

(d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (5), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.

(e) The scope of hearings under paragraph (a), clause (12), shall be limited to whether
the proposed termination of services is authorized under section 245D.10, subdivision 3a,
paragraph (b), and whether the requirements of section 245D.10, subdivision 3a, deleted text begin paragraph deleted text end new text begin
paragraphs new text end (c) new text begin to (e) new text end , were met. If the appeal includes a request for a temporary stay of
termination of services, the scope of the hearing shall also include whether the case
management provider has finalized arrangements for a residential facility, a program, or
services that will meet the assessed needs of the recipient by the effective date of the service
termination.

(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.

(g) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.

(h) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law.

(i) Unless federal or Minnesota law specifies a different time frame new text begin or modality new text end in which
to file an appeal, an individual or organization specified in this section may contest the
specified action, decision, or final disposition before the state agency by submitting a written
request for a hearing to the state agency within 30 days after receiving written notice of the
action, decision, or final disposition, or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 28.

Minnesota Statutes 2016, section 256.045, subdivision 4, is amended to read:

Subd. 4.

Conduct of hearings.

(a) All hearings held pursuant to subdivision 3, 3a, 3b,
or 4a shall be conducted according to the provisions of the federal Social Security Act and
the regulations implemented in accordance with that act to enable this state to qualify for
federal grants-in-aid, and according to the rules and written policies of the commissioner
of human services. County agencies shall install equipment necessary to conduct telephone
hearings. A state deleted text begin human services judge deleted text end new text begin Appeals Division new text end may schedule a telephone
conference hearing when the distance or time required to travel to the county agency offices
will cause a delay in the issuance of an order, or to promote efficiency, or at the mutual
request of the parties. Hearings may be conducted by telephone conferences unless the
applicant, recipient, former recipient, person, or facility contesting maltreatment objects.
A human services judge may grant a request for a hearing in person by holding the hearing
by interactive video technology or in person. The human services judge must hear the case
in person if the person asserts that either the person or a witness has a physical or mental
disability that would impair the person's or witness's ability to fully participate in a hearing
held by interactive video technology. The hearing shall not be held earlier than five days
after filing of the required notice with the county or state agency. The deleted text begin state human services
judge deleted text end new text begin Appeals Division new text end shall notify all interested persons of the time, date, and location of
the hearing at least five days before the date of the hearing. Interested persons may be
represented by legal counsel or other representative of their choice, including a provider of
therapy services, at the hearing and may appear personally, testify and offer evidence, and
examine and cross-examine witnesses. The applicant, recipient, former recipient, person,
or facility contesting maltreatment shall have the opportunity to examine the contents of
the case file and all documents and records to be used by the county or state agency at the
hearing at a reasonable time before the date of the hearing and during the hearing. In hearings
under subdivision 3, paragraph (a), clauses (4), deleted text begin (8), and deleted text end (9), new text begin and (10), new text end either party may
subpoena the private data relating to the investigation prepared by the agency under section
626.556 or 626.557 that is not otherwise accessible under section 13.04, provided the identity
of the reporter may not be disclosed.

(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph
(a), clause (4), deleted text begin (8), or deleted text end (9), new text begin or (10), new text end must be subject to a protective order which prohibits its
disclosure for any other purpose outside the hearing provided for in this section without
prior order of the district court. Disclosure without court order is punishable by a sentence
of not more than 90 days imprisonment or a fine of not more than $1,000, or both. These
restrictions on the use of private data do not prohibit access to the data under section 13.03,
subdivision 6. Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), deleted text begin (8),
and deleted text end (9), new text begin and (10), new text end upon request, the county agency shall provide reimbursement for
transportation, child care, photocopying, medical assessment, witness fee, and other necessary
and reasonable costs incurred by the applicant, recipient, or former recipient in connection
with the appeal. All evidence, except that privileged by law, commonly accepted by
reasonable people in the conduct of their affairs as having probative value with respect to
the issues shall be submitted at the hearing and such hearing shall not be "a contested case"
within the meaning of section 14.02, subdivision 3. The agency must present its evidence
prior to or at the hearing deleted text begin , and may not submit evidence after the hearing except by agreement
of the parties at the hearing, provided the petitioner has the opportunity to respond deleted text end . new text begin A party
shall not submit evidence after the hearing except: (1) by agreement at the hearing between
the appellant, the agency, and the human services judge; (2) in response to new evidence;
or (3) when the human services judge determines that additional evidence is needed to
sufficiently complete the appeal file and make a fair and accurate decision. If a party submits
evidence after the appeal hearing consistent with an exception, the other party must be
allowed sufficient opportunity to respond to the evidence.
new text end

(c) In hearings under subdivision 3, paragraph (a), clauses (4), deleted text begin (8), and deleted text end (9), new text begin and (10), new text end
involving determinations of maltreatment or disqualification made by more than one county
agency, by a county agency and a state agency, or by more than one state agency, the hearings
may be consolidated into a single fair hearing upon the consent of all parties and the state
human services judge.

(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a
vulnerable adult, the deleted text begin human services judge deleted text end new text begin Appeals Division new text end shall notify the vulnerable
adult who is the subject of the maltreatment determination and, if known, a guardian of the
vulnerable adult appointed under section 524.5-310, or a health care agent designated by
the vulnerable adult in a health care directive that is currently effective under section 145C.06
and whose authority to make health care decisions is not suspended under section 524.5-310,
of the hearing. The notice must be sent by certified mail and inform the vulnerable adult of
the right to file a signed written statement in the proceedings. A guardian or health care
agent who prepares or files a written statement for the vulnerable adult must indicate in the
statement that the person is the vulnerable adult's guardian or health care agent and sign the
statement in that capacity. The vulnerable adult, the guardian, or the health care agent may
file a written statement with the human services judge hearing the case no later than five
business days before commencement of the hearing. The human services judge shall include
the written statement in the hearing record and consider the statement in deciding the appeal.
This subdivision does not limit, prevent, or excuse the vulnerable adult from being called
as a witness testifying at the hearing or grant the vulnerable adult, the guardian, or health
care agent a right to participate in the proceedings or appeal the deleted text begin human services judge's deleted text end new text begin
commissioner's new text end decision in the case. The lead investigative agency must consider including
the vulnerable adult victim of maltreatment as a witness in the hearing. If the lead
investigative agency determines that participation in the hearing would endanger the
well-being of the vulnerable adult or not be in the best interests of the vulnerable adult, the
lead investigative agency shall inform the human services judge of the basis for this
determination, which must be included in the final order. If the deleted text begin human services judge deleted text end new text begin Appeals
Division new text end is not reasonably able to determine the address of the vulnerable adult, the guardian,
or the health care agent, the deleted text begin human services judge deleted text end new text begin Appeals Division new text end is not required to send
a hearing notice under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 29.

Minnesota Statutes 2016, section 256.0451, subdivision 1, is amended to read:

Subdivision 1.

Scope.

The requirements in this section apply to all fair hearings and
appeals under section 256.045, subdivision 3, paragraph (a), clauses (1), (2), (3), (5), (6),
and (7). Except as provided in subdivisions 3 and 19, the requirements under this section
apply to fair hearings and appeals under section 256.045, subdivision 3, paragraph (a),
clauses (4), (8), and (9).

deleted text begin The term deleted text end new text begin For purposes of this section, new text end "person" deleted text begin is used in this section to mean deleted text end new text begin means new text end
an individual who, on behalf of themselves or their household, is appealing or disputing or
challenging an action, a decision, or a failure to act, by an agency in the human services
system. When a person involved in a proceeding under this section is represented by an
attorney deleted text begin or by an deleted text end new text begin , new text end authorized representative, deleted text begin the term deleted text end new text begin or other advocate for whom the person
gave clear consent to contest the matter on the person's behalf. new text end deleted text begin " deleted text end Person deleted text begin " deleted text end also deleted text begin refers to deleted text end new text begin means new text end
the person's attorney deleted text begin or deleted text end new text begin , new text end authorized representative new text begin , or other advocate new text end . Any notice sent to the
person involved in the hearing must also be sent to the person's attorney deleted text begin or deleted text end new text begin , new text end authorized
representative new text begin , or other advocate new text end .

deleted text begin The term deleted text end "Agency" includes the county human services agency, the state human services
agency, and, where applicable, any entity involved under a contract, subcontract, grant, or
subgrant with the state agency or with a county agency, that provides or operates programs
or services in which appeals are governed by section 256.045. new text begin For purposes of an appeal
under section 256.045, subdivision 3, paragraph (a), clause (12), "agency" means the provider
who issued the notice of service termination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 30.

Minnesota Statutes 2016, section 256.0451, subdivision 3, is amended to read:

Subd. 3.

Agency appeal summary.

(a) Except in fair hearings and appeals under section
256.045, subdivision 3, paragraph (a), clauses (4), (8), and (9), the agency involved in an
appeal must prepare a state agency appeal summary for each fair hearing appeal. The state
agency appeal summary shall be deleted text begin mailed or otherwise deleted text end delivered to the person who is involved
in the appeal at least three working days before the date of the hearing. The state agency
appeal summary must also be deleted text begin mailed or otherwise deleted text end delivered to the department's Appeals
Office at least three working days before the date of the fair hearing appeal.

(b) In addition, the human services judge shall confirm that the state agency appeal
summary is deleted text begin mailed or otherwise deleted text end delivered to the person involved in the appeal as required
under paragraph (a). The person involved in the fair hearing should be provided, through
the state agency appeal summary or other reasonable methods, appropriate information
about the procedures for the fair hearing and an adequate opportunity to prepare. These
requirements apply equally to the state agency or an entity under contract when involved
in the appeal.

(c) The contents of the state agency appeal summary must be adequate to inform the
person involved in the appeal of the evidence on which the agency relies and the legal basis
for the agency's action or determination.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 31.

Minnesota Statutes 2016, section 256.0451, subdivision 5, is amended to read:

Subd. 5.

Prehearing conferences.

(a) deleted text begin The human services judge prior to deleted text end new text begin Before new text end a fair
hearing appeal new text begin , the Appeals Division new text end may hold a prehearing conference to further the
interests of justice or efficiency and must include the person involved in the appeal. A person
involved in a fair hearing appeal or the agency may request a prehearing conference. The
prehearing conference may be conducted by telephone, in person, or in writing. The
prehearing conference may address the following:

(1) disputes regarding access to files, evidence, subpoenas, or testimony;

(2) the time required for the hearing or any need for expedited procedures or decision;

(3) identification or clarification of legal or other issues that may arise at the hearing;

(4) identification of and possible agreement to factual issues; and

(5) scheduling and any other matter which will aid in the proper and fair functioning of
the hearing.

(b) The deleted text begin human services judge deleted text end new text begin Appeals Division new text end shall make a record or otherwise
contemporaneously summarize the prehearing conference in writing, which shall be sent
to both the person involved in the hearing, the person's attorney or authorized representative,
and the agency. A human services judge may make and issue rulings and orders while the
appeal is pending. During the pendency of the appeal, these rulings and orders are not subject
to a request for reconsideration or appeal. These rulings and orders are subject to review
under subdivision 24 and section 256.045, subdivision 7.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 32.

Minnesota Statutes 2016, section 256.0451, subdivision 6, is amended to read:

Subd. 6.

Appeal request for emergency assistance or urgent matter.

(a) When an
appeal involves an application for emergency assistance, the agency involved shall deleted text begin mail or
otherwise deleted text end deliver the state agency appeal summary to the department's Appeals Office
within two working days of receiving the request for an appeal. A person may also request
that a fair hearing be held on an emergency basis when the issue requires an immediate
resolution. The deleted text begin human services judge deleted text end new text begin Appeals Division new text end shall schedule the fair hearing on
the earliest available date according to the urgency of the issue involved. Issuance of the
recommended decision after an emergency hearing shall be expedited.

(b) The commissioner shall issue a written decision within five working days of receiving
the recommended decision deleted text begin , shall immediately inform the parties of the outcome by telephone, deleted text end
and shall deleted text begin mail deleted text end new text begin send new text end the decision new text begin to each party new text end no later than two working days following the
date of the decision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 33.

Minnesota Statutes 2016, section 256.0451, subdivision 7, is amended to read:

Subd. 7.

Continuance, rescheduling, or adjourning a hearing.

(a) A person involved
in a fair hearing, or the agency, may request a continuance, a rescheduling, or an adjournment
of a hearing for a reasonable period of time. The grounds for granting a request for a
continuance, a rescheduling, or adjournment of a hearing include, but are not limited to, the
following:

(1) to reasonably accommodate the appearance of a witness;

(2) to ensure that the person new text begin or the agency new text end has adequate opportunity for preparation and
for presentation of evidence and argument;

(3) to ensure that the person or the agency has adequate opportunity to review, evaluate,
and respond to new evidence, or where appropriate, to require that the person or agency
review, evaluate, and respond to new evidence;

(4) to permit the person involved and the agency to negotiate toward resolution of some
or all of the issues where both agree that additional time is needed;

(5) to permit the agency to reconsider a previous action or determination;

(6) to permit or to require the performance of actions not previously taken; deleted text begin and
deleted text end

new text begin (7) to accommodate a person's or agency's conflict of previously scheduled appointments;
new text end

new text begin (8) to accommodate a person's physical or mental illness;
new text end

new text begin (9) to accommodate an interpreter, translator, or other service when necessary to
accommodate a person with a disability; or
new text end

deleted text begin (7) deleted text end new text begin (10) new text end to provide additional time or to permit or require additional activity by the person
or agency as the interests of fairness may require.

(b) Requests for continuances or for rescheduling may be made orally or in writing. deleted text begin The
person or agency requesting the continuance or rescheduling must first make reasonable
efforts to contact the other participants in the hearing or their representatives and seek to
obtain an agreement on the request. Requests for continuance or rescheduling should be
made no later than three working days before the scheduled date of the hearing, unless there
is a good cause as specified in subdivision 13. deleted text end new text begin When a request to reschedule a hearing is
received less than five calendar days before the scheduled hearing date, the requesting party
must attempt, at least once, to notify the other party of the request and provide the other
party an opportunity to object, if applicable. When a request to reschedule a hearing is
received less than 24 hours before the scheduled hearing date, the Appeals Division must
consider the potential prejudicial effect and burdens on the parties in reviewing the request.
Unless the Appeals Division makes a written determination that a request to reschedule a
hearing was made to unnecessarily delay the proceeding or that a party's objection and the
reason for the objection outweighed the need to reschedule, the hearing must be rescheduled
for good cause as determined by the Appeals Division. new text end Granting a continuance or
rescheduling may be conditioned upon a waiver by the requester of applicable time limits
but should not cause unreasonable delay.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 34.

Minnesota Statutes 2016, section 256.0451, subdivision 9, is amended to read:

Subd. 9.

No ex parte contact.

The human services judge shall not have ex parte contact
on substantive issues with the agency or with any person or witness in a fair hearing appeal.
No employee of the department or agency shall review, interfere with, change, or attempt
to influence the recommended decision of the human services judge in any fair hearing
appeal, except through the procedure allowed in subdivision 18. The limitations in this
subdivision do not affect the commissioner's authority to review or reconsider decisions or
make final decisions. new text begin The limitations in this subdivision also do not affect the commissioner's
authority to set policies and procedures for the processing and administration of fair hearing
appeals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 35.

Minnesota Statutes 2016, section 256.0451, subdivision 10, is amended to read:

Subd. 10.

Telephone or face-to-face hearing.

A fair hearing appeal may be conducted
by telephone, by other electronic media, or by an in-person, face-to-face hearing. deleted text begin At the
request of the person involved in a fair hearing appeal or their representative, a face-to-face
hearing shall be conducted with all participants personally present before the human services
judge. deleted text end new text begin A human services judge may satisfy a request for an in-person hearing by holding
the hearing using interactive video technology or in person. However, the human services
judge must hold an in-person hearing if a party asserts that either the party or a witness has
a physical or mental disability that would impair the party's or witness's ability to fully
participate in a hearing held using interactive video technology.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 36.

Minnesota Statutes 2016, section 256.0451, subdivision 11, is amended to read:

Subd. 11.

Hearing facilities and equipment.

new text begin (a) If the hearing is held in person, new text end the
human services judge shall conduct the hearing in the county where the person involved
resides, unless an alternate location is mutually agreed upon before the hearing deleted text begin , or unless
the person has agreed to a hearing by telephone deleted text end . new text begin In-person new text end hearings under section 256.045,
subdivision 3, paragraph (a), clauses (4), deleted text begin (8), and deleted text end (9), new text begin and (10), new text end must be conducted in the
county where the determination was made, unless an alternate location is mutually agreed
upon before the hearing. The hearing room new text begin used for an in-person hearing new text end shall be of sufficient
size and layout to adequately accommodate both the number of individuals participating in
the hearing and any identified special needs of any individual participating in the hearing.

new text begin (b) new text end The human services judge shall ensure that all communication and recording
equipment that is necessary to conduct the hearing and to create an adequate record is present
and functioning properly. If any necessary communication or recording equipment fails or
ceases to operate effectively, the human services judge shall take any steps necessary,
including stopping or adjourning the hearing, until the necessary equipment is present and
functioning properly. All reasonable efforts shall be undertaken to prevent and avoid any
delay in the hearing process caused by defective communication or recording equipment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 37.

Minnesota Statutes 2016, section 256.0451, subdivision 12, is amended to read:

Subd. 12.

Interpreter and translation services.

The human services judge has a duty
to inquire and to determine whether any participant in the hearing needs the services of an
interpreter or translator in order to participate in or to understand the hearing process.
Necessary interpreter or translation services must be provided new text begin by the agency taking the
action in the appeal new text end at no charge to the person involved in the hearing. If it appears that
interpreter or translation services are needed but are not available for the scheduled hearing,
the human services judge shall continue or postpone the hearing until appropriate services
can be provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 38.

Minnesota Statutes 2016, section 256.0451, subdivision 21, is amended to read:

Subd. 21.

Closing of the record.

The agency must present its evidence prior to or at the
hearing. deleted text begin The agency shall not be permitted to submit evidence after the hearing except by
agreement at the hearing between the person involved, the agency, and the human services
judge. If evidence is submitted after the hearing, based on such an agreement, the person
involved and the agency must be allowed sufficient opportunity to respond to the evidence.
When necessary, the record shall remain open to permit a person to submit additional
evidence on the issues presented at the hearing. deleted text end new text begin A party shall not submit evidence after the
hearing except: (1) by agreement at the hearing between the appellant, the agency, and the
human services judge; (2) in response to new evidence; or (3) when the human services
judge determines that additional evidence is needed to sufficiently complete the appeal file
and make a fair and accurate decision. If a party submits evidence after the appeal hearing
consistent with an exception, the other party must be allowed sufficient opportunity to
respond to the evidence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 39.

Minnesota Statutes 2016, section 256.046, subdivision 1, is amended to read:

Subdivision 1.

Hearing authority.

A local agency must initiate an administrative fraud
disqualification hearing for individuals, including child care providers caring for children
receiving child care assistance, accused of wrongfully obtaining assistance or intentional
program violations, in lieu of a criminal action when it has not been pursued, in the Minnesota
family investment program and any affiliated program to include the diversionary work
program and the work participation cash benefit program, child care assistance programs,
general assistance, family general assistance program formerly codified in section 256D.05,
subdivision 1, clause (15), Minnesota supplemental aid, food stamp programs, MinnesotaCare
for adults without children, and upon federal approval, all categories of medical assistance
and remaining categories of MinnesotaCare except for children through age 18. The
Department of Human Services, in lieu of a local agency, may initiate an administrative
fraud disqualification hearing when the state agency is directly responsible for administration
or investigation of the program for which benefits were wrongfully obtained. The hearing
is subject to the requirements of section 256.045 and the requirements in Code of Federal
Regulations, title 7, section 273.16. new text begin The local agency must prove by clear and convincing
evidence that an individual committed, and intended to commit, an intentional program
violation to disqualify the individual from participating in food stamp programs, the
Minnesota family investment program, or a diversionary work program. The local agency
must prove by a preponderance of the evidence that an individual committed, and intended
to commit, an intentional program violation to disqualify the individual from participating
in all other programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 40.

Minnesota Statutes 2016, section 256.9685, subdivision 1, is amended to read:

Subdivision 1.

Authority.

(a) The commissioner shall establish procedures for
determining medical assistance payment rates under a prospective payment system for
inpatient hospital services in hospitals that qualify as vendors of medical assistance. The
commissioner shall establish, by rule, procedures for implementing this section and sections
256.9686, 256.969, and 256.9695. Services must meet the requirements of section 256B.04,
subdivision 15, to be eligible for payment.

(b) The commissioner may reduce the types of inpatient hospital admissions that are
required to be certified as medically necessary after notice in the State Register and a 30-day
comment period.

new text begin (c) The commissioner shall publish in the Minnesota Health Care Program Provider
Manual the industry standard, evidence-based clinical decision tool used for determining
the medical necessity of a recipient's hospital admission. The tool shall be used in conjunction
with the recipient's medical conditions and records. The commissioner's tool designation is
not subject to administrative appeal and is not subject to the requirements of chapter 14,
including section 14.386. This paragraph supersedes any contrary rule or law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 41.

Minnesota Statutes 2016, section 256.9685, subdivision 1a, is amended to read:

Subd. 1a.

Administrative reconsideration.

Notwithstanding section 256B.04,
subdivision 15, the commissioner shall establish an administrative reconsideration process
for appeals of inpatient hospital services determined to be medically unnecessary. A physician
or hospital may request a reconsideration of the decision that inpatient hospital services are
not medically necessary by submitting a written request for review to the commissioner
within 30 days after receiving notice of the decision. The reconsideration process shall take
place prior to the procedures of subdivision 1b and shall be conducted by deleted text begin physicians deleted text end new text begin a
physician new text end that deleted text begin are deleted text end new text begin is new text end independent of the case under reconsideration. deleted text begin A majority decision by
the physicians is necessary to make a determination that the services were not medically
necessary.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 42.

Minnesota Statutes 2016, section 256B.064, subdivision 2, is amended to read:

Subd. 2.

Imposition of monetary recovery and sanctions.

(a) The commissioner shall
determine any monetary amounts to be recovered and sanctions to be imposed upon a vendor
of medical care under this section. Except as provided in paragraphs (b) and (d), neither a
monetary recovery nor a sanction will be imposed by the commissioner without prior notice
and an opportunity for a hearing, according to chapter 14, on the commissioner's proposed
action, provided that the commissioner may suspend or reduce payment to a vendor of
medical care, except a nursing home or convalescent care facility, after notice and prior to
the hearing if in the commissioner's opinion that action is necessary to protect the public
welfare and the interests of the program.

(b) Except when the commissioner finds good cause not to suspend payments under
Code of Federal Regulations, title 42, section 455.23 (e) or (f), the commissioner shall
withhold or reduce payments to a vendor of medical care without providing advance notice
of such withholding or reduction if either of the following occurs:

(1) the vendor is convicted of a crime involving the conduct described in subdivision
1a; or

(2) the commissioner determines there is a credible allegation of fraud for which an
investigation is pending under the program. A credible allegation of fraud is an allegation
which has been verified by the state, from any source, including but not limited to:

(i) fraud hotline complaints;

(ii) claims data mining; and

(iii) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations.

Allegations are considered to be credible when they have an indicia of reliability and
the state agency has reviewed all allegations, facts, and evidence carefully and acts
judiciously on a case-by-case basis.

(c) The commissioner must send notice of the withholding or reduction of payments
under paragraph (b) within five days of taking such action unless requested in writing by a
law enforcement agency to temporarily withhold the notice. The notice must:

(1) state that payments are being withheld according to paragraph (b);

(2) set forth the general allegations as to the nature of the withholding action, but need
not disclose any specific information concerning an ongoing investigation;

(3) except in the case of a conviction for conduct described in subdivision 1a, state that
the withholding is for a temporary period and cite the circumstances under which withholding
will be terminated;

(4) identify the types of claims to which the withholding applies; and

(5) inform the vendor of the right to submit written evidence for consideration by the
commissioner.

The withholding or reduction of payments will not continue after the commissioner
determines there is insufficient evidence of fraud by the vendor, or after legal proceedings
relating to the alleged fraud are completed, unless the commissioner has sent notice of
intention to impose monetary recovery or sanctions under paragraph (a). new text begin Upon conviction
for a crime related to the provision, management, or administration of a health service under
medical assistance, a payment held pursuant to this section by the commissioner or a managed
care organization that contracts with the commissioner under section 256B.035 is forfeited
up to the amount of any overpayment identified by the commissioner or managed care
organization, regardless of the amount charged in the criminal complaint or the amount of
criminal restitution ordered.
new text end

(d) The commissioner shall suspend or terminate a vendor's participation in the program
without providing advance notice and an opportunity for a hearing when the suspension or
termination is required because of the vendor's exclusion from participation in Medicare.
Within five days of taking such action, the commissioner must send notice of the suspension
or termination. The notice must:

(1) state that suspension or termination is the result of the vendor's exclusion from
Medicare;

(2) identify the effective date of the suspension or termination; and

(3) inform the vendor of the need to be reinstated to Medicare before reapplying for
participation in the program.

(e) Upon receipt of a notice under paragraph (a) that a monetary recovery or sanction is
to be imposed, a vendor may request a contested case, as defined in section 14.02, subdivision
3, by filing with the commissioner a written request of appeal. The appeal request must be
received by the commissioner no later than 30 days after the date the notification of monetary
recovery or sanction was mailed to the vendor. The appeal request must specify:

(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount
involved for each disputed item;

(2) the computation that the vendor believes is correct;

(3) the authority in statute or rule upon which the vendor relies for each disputed item;

(4) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and

(5) other information required by the commissioner.

(f) The commissioner may order a vendor to forfeit a fine for failure to fully document
services according to standards in this chapter and Minnesota Rules, chapter 9505. The
commissioner may assess fines if specific required components of documentation are
missing. The fine for incomplete documentation shall equal 20 percent of the amount paid
on the claims for reimbursement submitted by the vendor, or up to $5,000, whichever is
less. new text begin If the commissioner determines that a vendor repeatedly violated this chapter or
Minnesota Rules, chapter 9505, related to the provision of services to program recipients
and the submission of claims for payment, the commissioner may order a vendor to forfeit
a fine based on the nature, severity, and chronicity of the violations, in an amount of up to
$5,000 or 20 percent of the value of the claims, whichever is greater.
new text end

(g) The vendor shall pay the fine assessed on or before the payment date specified. If
the vendor fails to pay the fine, the commissioner may withhold or reduce payments and
recover the amount of the fine. A timely appeal shall stay payment of the fine until the
commissioner issues a final order.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 43.

Minnesota Statutes 2016, section 256B.064, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Vendor mandates on prohibited hiring. new text end

new text begin (a) The commissioner shall maintain
and publish a list of each excluded individual and entity that was convicted of a crime related
to the provision, management, or administration of a medical assistance health service, or
suspended or terminated under subdivision 2. A vendor that receives funding from medical
assistance shall not:
new text end

new text begin (1) employ an individual or entity who is on the exclusion list; or
new text end

new text begin (2) enter into or maintain a business relationship with an individual or entity that is on
the exclusion list.
new text end

new text begin (b) Before hiring or entering into a business transaction, a vendor must check the
exclusion list. The vendor must check the exclusion list on a monthly basis and document
the date and time the exclusion list was checked and the name and title of the person who
checked the exclusion list. The vendor must:
new text end

new text begin (1) immediately terminate a current employee on the exclusion list; and
new text end

new text begin (2) immediately terminate a business relationship with an individual or entity on the
exclusion list.
new text end

new text begin (c) A vendor's requirement to check the exclusion list and to terminate an employee on
the exclusion list applies to each employee, even if the named employee is not responsible
for direct patient care or direct submission of a claim to medical assistance. The requirement
to check the exclusion list and terminate a business relationship with an individual or entity
on the exclusion list applies to each business relationship, even if the named individual or
entity is not responsible for direct patient care or direct submission of a claim to medical
assistance.
new text end

new text begin (d) A vendor that employs or enters into or maintains a business relationship with an
individual or entity on the exclusion list must refund any payment related to a service
rendered by an individual or entity on the exclusion list from the date the individual is
employed or the date the individual is placed on the exclusionary list, whichever is later,
and may be subject to:
new text end

new text begin (1) sanctions under subdivision 2;
new text end

new text begin (2) civil monetary penalty up to $25,000 for each determination by the department that
the vendor employed or contracted with an individual or entity on the exclusion list; and
new text end

new text begin (3) other fines or penalties allowed by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 44.

Minnesota Statutes 2016, section 256B.064, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin (a) The notice required under subdivision 2 shall be served by first class
mail at the address submitted to the department by the vendor. Service is complete upon
mailing. The commissioner shall place an affidavit of the first class mailing in the vendor's
file as an indication of the address and the date of mailing.
new text end

new text begin (b) The department shall give notice in writing to a recipient placed in the Minnesota
restricted recipient program under section 256B.0646 and Minnesota Rules, part 9505.2200.
The notice shall be mailed by first class mail to the recipient's current address on file with
the department. A recipient placed in the restricted recipient program may contest the
placement by submitting a written request for a hearing to the department within 90 days
of the notice being mailed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 45.

new text begin [256B.0646] MINNESOTA RESTRICTED RECIPIENT PROGRAM.
new text end

new text begin (a) When a recipient's use of personal care assistance or home and community-based
personal care services and supports results in repeated abusive or fraudulent billing, regardless
of error, fault, or intent, the commissioner may place the recipient in the Minnesota restricted
recipient program. A recipient placed in the Minnesota restricted recipient program under
this section must:
new text end

new text begin (1) be placed with a traditional personal care assistance provider agency or use an agency
provider model; and
new text end

new text begin (2) obtain a referral from the recipient's designated primary care provider for personal
care assistance or home and community-based personal care services and supports.
new text end

new text begin (b) Additional conditions may be placed on the use of personal care assistance services
or home and community-based personal care services and supports if the commissioner
determines it is necessary to prevent future abusive or fraudulent billing.
new text end

new text begin (c) Placement in the Minnesota restricted recipient program under this section is subject
to appeal according to section 256B.064.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 46.

Minnesota Statutes 2016, section 393.07, subdivision 10, is amended to read:

Subd. 10.

Food stamp program; Maternal and Child Nutrition Act.

(a) The local
social services agency shall establish and administer the food stamp program according to
rules of the commissioner of human services, the supervision of the commissioner as specified
in section 256.01, and all federal laws and regulations. The commissioner of human services
shall monitor food stamp program delivery on an ongoing basis to ensure that each county
complies with federal laws and regulations. Program requirements to be monitored include,
but are not limited to, number of applications, number of approvals, number of cases pending,
length of time required to process each application and deliver benefits, number of applicants
eligible for expedited issuance, length of time required to process and deliver expedited
issuance, number of terminations and reasons for terminations, client profiles by age,
household composition and income level and sources, and the use of phone certification
and home visits. The commissioner shall determine the county-by-county and statewide
participation rate.

(b) On July 1 of each year, the commissioner of human services shall determine a
statewide and county-by-county food stamp program participation rate. The commissioner
may designate a different agency to administer the food stamp program in a county if the
agency administering the program fails to increase the food stamp program participation
rate among families or eligible individuals, or comply with all federal laws and regulations
governing the food stamp program. The commissioner shall review agency performance
annually to determine compliance with this paragraph.

(c) A person who commits any of the following acts has violated section 256.98 or
609.821, or both, and is subject to both the criminal and civil penalties provided under those
sections:

(1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a
willful statement or misrepresentation, or intentional concealment of a material fact, food
stamps or vouchers issued according to sections 145.891 to 145.897 to which the person is
not entitled or in an amount greater than that to which that person is entitled or which specify
nutritional supplements to which that person is not entitled; or

(2) presents or causes to be presented, coupons or vouchers issued according to sections
145.891 to 145.897 for payment or redemption knowing them to have been received,
transferred or used in a manner contrary to existing state or federal law; or

(3) willfully uses, possesses, or transfers food stamp coupons, authorization to purchase
cards or vouchers issued according to sections 145.891 to 145.897 in any manner contrary
to existing state or federal law, rules, or regulations; or

(4) buys or sells food stamp coupons, authorization to purchase cards, other assistance
transaction devices, vouchers issued according to sections 145.891 to 145.897, or any food
obtained through the redemption of vouchers issued according to sections 145.891 to 145.897
for cash or consideration other than eligible food.

deleted text begin (d) A peace officer or welfare fraud investigator may confiscate food stamps,
authorization to purchase cards, or other assistance transaction devices found in the
possession of any person who is neither a recipient of the food stamp program nor otherwise
authorized to possess and use such materials. Confiscated property shall be disposed of as
the commissioner may direct and consistent with state and federal food stamp law. The
confiscated property must be retained for a period of not less than 30 days to allow any
affected person to appeal the confiscation under section 256.045.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end Establishment of an overpayment is limited to 12 months prior to the month of
discovery due to agency error. Establishment of an overpayment is limited to six years prior
to the month of discovery due to client error or an intentional program violation determined
under section 256.046.

deleted text begin (f) deleted text end new text begin (e) new text end With regard to the federal tax revenue offset program only, recovery incentives
authorized by the federal food and consumer service shall be retained at the rate of 50 percent
by the state agency and 50 percent by the certifying county agency.

deleted text begin (g) deleted text end new text begin (f) new text end A peace officer, welfare fraud investigator, federal law enforcement official, or
the commissioner of health may confiscate vouchers found in the possession of any person
who is neither issued vouchers under sections 145.891 to 145.897, nor otherwise authorized
to possess and use such vouchers. Confiscated property shall be disposed of as the
commissioner of health may direct and consistent with state and federal law. The confiscated
property must be retained for a period of not less than 30 days.

deleted text begin (h) deleted text end new text begin (g) new text end The commissioner of human services may seek a waiver from the United States
Department of Agriculture to allow the state to specify foods that may and may not be
purchased in Minnesota with benefits funded by the federal Food Stamp Program. The
commissioner shall consult with the members of the house of representatives and senate
policy committees having jurisdiction over food support issues in developing the waiver.
The commissioner, in consultation with the commissioners of health and education, shall
develop a broad public health policy related to improved nutrition and health status. The
commissioner must seek legislative approval prior to implementing the waiver.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-0002

119B.125 PROVIDER REQUIREMENTS.

Subd. 8.

Overpayment claim for failure to comply with access to records requirement.

(a) In establishing an overpayment claim under subdivision 6 for failure to provide access to attendance records, the county or commissioner is limited to the six years prior to the date the county or the commissioner requested the attendance records.

(b) When the commissioner or county establishes an overpayment claim against a current or former provider, the commissioner or county must provide notice of the claim to the provider. A notice of overpayment claim must specify the reason for the overpayment, the authority for making the overpayment claim, the time period in which the overpayment occurred, the amount of the overpayment, and the provider's right to appeal.

(c) The commissioner or county may seek to recover overpayments paid to a current or former provider. When a provider has been convicted of fraud under section 256.98, theft under section 609.52, or a federal crime relating to theft of state funds or fraudulent billing for a program administered by the commissioner or a county, recovery may be sought regardless of the amount of overpayment.

256J.751 COUNTY PERFORMANCE MANAGEMENT.

Subdivision 1.

Monthly county caseload report.

The commissioner shall report monthly to each county the following caseload information:

(1) total number of cases receiving MFIP, and subtotals of cases with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent;

(2) total number of child only assistance cases;

(3) total number of eligible adults and children receiving an MFIP grant, and subtotals for cases with one eligible parent, two eligible parents, an eligible caregiver who is not a parent, and child only cases;

(4) number of cases with an exemption from the 60-month time limit based on a family violence waiver;

(5) number of MFIP cases with work hours, and subtotals for cases with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent;

(6) number of employed MFIP cases, and subtotals for cases with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent;

(7) average monthly gross earnings, and averages for subgroups of cases with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent;

(8) number of employed cases receiving only the food portion of assistance;

(9) number of parents or caregivers exempt from work activity requirements, with subtotals for each exemption type; and

(10) number of cases with a sanction, with subtotals by level of sanction for cases with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent.