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Minnesota Legislature

Office of the Revisor of Statutes

HF 1529

as introduced - 91st Legislature (2019 - 2020) Posted on 03/27/2019 01:23pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; establishing additional reimbursement for out-of-home
placements; requiring reports; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 477A.

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

Section 1.

new text begin [477A.0127] ADDITIONAL REIMBURSEMENT OF COUNTY AND
TRIBES FOR CERTAIN OUT-OF-HOME PLACEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin When used in this section, "out-of-home placement" means
24-hour substitute care for an Indian child as defined by section 260C.007, subdivision 21,
placed under the Indian Child Welfare Act (ICWA) and chapter 260C, away from the child's
parent or guardian and for whom the county social services agency or county correctional
agency has been assigned responsibility for the child's placement and care, which includes
placement in foster care under section 260C.007, subdivision 18, and a correctional facility
pursuant to a court order.
new text end

new text begin Subd. 2. new text end

new text begin Determination of nonfederal share of costs. new text end

new text begin (a) By January 1, 2020, each
county shall report the following information to the commissioners of human services and
corrections: (1) the separate amounts paid out of its social service agency and its corrections
budget for out-of-home placement of children under the ICWA in calendar years 2016,
2017, and 2018; and (2) the number of case days associated with the expenditures from
each budget. By March 15, 2020, the commissioner of human services, in consultation with
the commissioner of corrections, shall certify to the commissioner of revenue and to the
legislative committees responsible for local government aids and out-of-home placement
funding, whether the data reported under this subdivision accurately reflects total expenditures
by counties for out-of-home placement costs of children under the ICWA.
new text end

new text begin (b) By January 1, 2021, and each January 1 thereafter, each county shall report to the
commissioners of human services and corrections the separate amounts paid out of its social
service agency and its corrections budget for out-of-home placement of children under the
ICWA in the calendar years two years before the current calendar year along with the number
of case days associated with the expenditures from each budget.
new text end

new text begin (c) Until the commissioner of human services develops another mechanism for collecting
and verifying data on out-of-home placements of children under the ICWA, and the
legislature authorizes the use of that data, the data collected under this subdivision must be
used to calculate payments under subdivision 3. The commissioner of human services shall
certify the nonfederal out-of-home placement costs for the three prior calendar years for
each county to the commissioner of revenue by June 1 of the year prior to the aid payment.
new text end

new text begin (d) The reports required under this subdivision are in addition to reports required by
section 477A.0126.
new text end

new text begin Subd. 3. new text end

new text begin Aid payments to counties. new text end

new text begin (a) For aids payable in calendar year 2020 and
thereafter, the commissioner of revenue shall reimburse each county for 100 percent of the
nonfederal share of the cost of out-of-home placement of children under the ICWA provided
the commissioner of human services, in consultation with the commissioner of corrections,
certifies to the commissioner of revenue that accurate data is available to make the aid
determination under this section. The amount of reimbursement is the county's average
nonfederal share of the cost for out-of-home placement of children under the ICWA for the
most recent three calendar years for which data is available. The commissioner shall pay
the aid under the schedule used for local government aid payments under section 477A.015.
new text end

new text begin (b) The aid payment under this subdivision is reduced by the amount of aid paid under
section 477A.0126.
new text end

new text begin Subd. 4. new text end

new text begin Aid payments to tribes. new text end

new text begin (a) By January 1, 2020, and each year thereafter, each
tribe must certify to the commissioner of revenue the amount of federal reimbursement
received by the tribe for out-of-home placement of children under the ICWA for the
immediately preceding three calendar years. The commissioner of revenue shall prescribe
the format of the certification. For purposes of this section, "tribe" has the meaning provided
in section 260.755, subdivision 12.
new text end

new text begin (b) The amount of reimbursement to the tribe shall be the greater of: (1) five percent of
the average reimbursement amount received from the federal government for out-of-home
placement costs for the most recent three calendar years; or (2) $200,000. The commissioner
shall pay the aid under this section under the schedule used for local government aid
payments under section 477A.015.
new text end

new text begin (c) The aid payment under this subdivision is reduced by the amount of aid paid under
section 477A.0126.
new text end

new text begin Subd. 5. new text end

new text begin Appropriation. new text end

new text begin An amount sufficient to pay aid under this section is annually
appropriated to the commissioner of revenue from the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with aids payable in 2020.
new text end