HF 1816

Conference Committee Report - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; extending coverage of
certain mental health services; amending Minnesota
Statutes 2004, sections 148C.11, subdivision 1;
245.4885, subdivisions 1, 2, by adding a subdivision;
253B.02, subdivisions 7, 9; 253B.05, subdivision 2;
256.9693; 256B.0622, by adding a subdivision;
256B.0624, by adding a subdivision; 256B.0625, by
adding subdivisions; 256D.03, subdivision 4; 256L.03,
subdivision 1; 260C.141, subdivision 2; 260C.193,
subdivision 2; 260C.201, subdivisions 1, 2; 260C.205;
260C.212, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 256B; repealing Laws
2001, First Special Session chapter 9, article 9,
section 52; Laws 2002, chapter 335, section 4.

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

ARTICLE 1

MENTAL HEALTH SERVICES

Section 1.

Minnesota Statutes 2004, section 148C.11,
subdivision 1, is amended to read:

Subdivision 1.

Other professionals.

(a) Nothing in this
chapter prevents members of other professions or occupations
from performing functions for which they are qualified or
licensed. This exception includes, but is not limited to,
licensed physicians, registered nurses, licensed practical
nurses, licensed psychological practitioners, members of the
clergy, American Indian medicine men and women, licensed
attorneys, probation officers, licensed marriage and family
therapists, licensed social workers, licensed professional
counselors, licensed school counselors, registered occupational
therapists or occupational therapy assistants, and until July 1,
deleted text begin 2005 deleted text end new text begin 2007 new text end , individuals providing integrated dual-diagnosis
treatment in adult mental health rehabilitative programs
certified by the Department of Human Services under section
256B.0622 or 256B.0623.

(b) Nothing in this chapter prohibits technicians and
resident managers in programs licensed by the Department of
Human Services from discharging their duties as provided in
Minnesota Rules, chapter 9530.

(c) Any person who is exempt under this section but who
elects to obtain a license under this chapter is subject to this
chapter to the same extent as other licensees.

(d) These persons must not, however, use a title
incorporating the words "alcohol and drug counselor" or
"licensed alcohol and drug counselor" or otherwise hold
themselves out to the public by any title or description stating
or implying that they are engaged in the practice of alcohol and
drug counseling, or that they are licensed to engage in the
practice of alcohol and drug counseling. Persons engaged in the
practice of alcohol and drug counseling are not exempt from the
commissioner's jurisdiction solely by the use of one of the
above titles.

Sec. 2.

Minnesota Statutes 2004, section 245.4885,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin screening required deleted text end new text begin admission criteria new text end .

The county board shall, prior to admission, except in the case
of emergency admission, deleted text begin screen deleted text end new text begin determine the needed level of
care for new text end all children referred for treatment of severe emotional
disturbance deleted text begin to deleted text end new text begin in new text end a new text begin treatment foster care setting, new text end residential
treatment facility new text begin , new text end or informally admitted to a regional
treatment center if public funds are used to pay for the
services. The county board shall also deleted text begin screen deleted text end new text begin determine the
needed level of care for new text end all children admitted to an acute care
hospital for treatment of severe emotional disturbance if public
funds other than reimbursement under chapters 256B and 256D are
used to pay for the services. deleted text begin If a child is admitted to a
residential treatment facility or acute care hospital for
emergency treatment or held for emergency care by a regional
treatment center under section 253B.05, subdivision 1, screening
must occur within three working days of admission.
Screening deleted text end new text begin The level of care determination new text end shall determine
whether the proposed treatment:

(1) is necessary;

(2) is appropriate to the child's individual treatment
needs;

(3) cannot be effectively provided in the child's home; and

(4) provides a length of stay as short as possible
consistent with the individual child's need.

When a deleted text begin screening deleted text end new text begin level of care determination new text end is conducted,
the county board may not determine that referral or admission to
a new text begin treatment foster care setting, new text end residential treatment facility new text begin ,
new text end or acute care hospital is not appropriate solely because
services were not first provided to the child in a less
restrictive setting and the child failed to make progress toward
or meet treatment goals in the less restrictive
setting. deleted text begin Screening shall include both deleted text end new text begin The level of care
determination must be based on new text end a diagnostic assessment deleted text begin and deleted text end new text begin that
includes new text end a functional assessment which evaluates family, school,
and community living situations new text begin ; and an assessment of the
child's need for care out of the home using a tool approved by
the commissioner of human services new text end . If a diagnostic
assessment deleted text begin or deleted text end new text begin including a new text end functional assessment has been
completed by a mental health professional within new text begin the past new text end 180
days, a new diagnostic deleted text begin or functional deleted text end assessment need not be
completed unless in the opinion of the current treating mental
health professional the child's mental health status has changed
markedly since the assessment was completed. The child's parent
shall be notified if an assessment will not be completed and of
the reasons. A copy of the notice shall be placed in the
child's file. Recommendations developed as part of
the deleted text begin screening deleted text end new text begin level of care determination new text end process shall include
specific community services needed by the child and, if
appropriate, the child's family, and shall indicate whether or
not these services are available and accessible to the child and
family.

During the deleted text begin screening deleted text end new text begin level of care determination new text end process,
the child, child's family, or child's legal representative, as
appropriate, must be informed of the child's eligibility for
case management services and family community support services
and that an individual family community support plan is being
developed by the case manager, if assigned.

deleted text begin Screening deleted text end new text begin The level of care determination new text end shall deleted text begin be in
compliance deleted text end new text begin comply new text end with section 260C.212. Wherever possible, the
parent shall be consulted in the deleted text begin screening deleted text end process, unless
clinically inappropriate.

The deleted text begin screening process deleted text end new text begin level of care determination new text end , and
placement decision, and recommendations for mental health
services must be documented in the child's record.

An alternate review process may be approved by the
commissioner if the county board demonstrates that an alternate
review process has been established by the county board and the
times of review, persons responsible for the review, and review
criteria are comparable to the standards in clauses (1) to (4).

Sec. 3.

Minnesota Statutes 2004, section 245.4885, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Emergency admission. new text end

new text begin If a child is admitted to
a treatment foster care setting, residential treatment facility,
or acute care hospital for emergency treatment or held for
emergency care by a regional treatment center under section
253B.05, subdivision 1, the level of care determination must
occur within three working days of admission.
new text end

Sec. 4.

Minnesota Statutes 2004, section 245.4885,
subdivision 2, is amended to read:

Subd. 2.

Qualifications.

deleted text begin No later than July 1, 1991,
Screening deleted text end new text begin Level of care determination new text end of children for new text begin treatment
foster care, new text end residential new text begin , new text end and inpatient services must be
conducted by a mental health professional. Where appropriate
and available, culturally informed mental health consultants
must participate in the deleted text begin screening deleted text end new text begin level of care determination new text end .
Mental health professionals providing deleted text begin screening deleted text end new text begin level of care
determination new text end for new text begin treatment foster care, new text end inpatient new text begin , new text end and
residential services must not be financially affiliated with any
deleted text begin acute care inpatient hospital, residential treatment facility,
or regional treatment center deleted text end new text begin nongovernment entity which may be
providing those services new text end . deleted text begin The commissioner may waive this
requirement for mental health professional participation after
July 1, 1991, if the county documents that:
deleted text end

deleted text begin (1) mental health professionals or mental health
practitioners are unavailable to provide this service; and
deleted text end

deleted text begin (2) services are provided by a designated person with
training in human services who receives clinical supervision
from a mental health professional.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 5.

Minnesota Statutes 2004, section 256.9693, is
amended to read:

256.9693 CONTINUING CARE PROGRAM FOR PERSONS WITH MENTAL
ILLNESS.

The commissioner shall establish a continuing care benefit
program for persons with mental illness in which persons with
mental illness may obtain acute care hospital inpatient
treatment for mental illness for up to 45 days beyond that
allowed by section 256.969. new text begin The commissioner may authorize
additional days beyond 45 based on an individual review of
medical necessity. new text end Persons with mental illness who are eligible
for medical assistance may obtain inpatient treatment under this
program in hospital beds for which the commissioner contracts
under this section. The commissioner may selectively contract
with hospitals to provide this benefit through competitive
bidding when reasonable geographic access by recipients can be
assured. Payments under this section shall not affect payments
under section 256.969. The commissioner may contract externally
with a utilization review organization to authorize persons with
mental illness to access the continuing care benefit program.
The commissioner, as part of the contracts with hospitals, shall
establish admission criteria to allow persons with mental
illness to access the continuing care benefit program. If a
court orders acute care hospital inpatient treatment for mental
illness for a person, the person may obtain the treatment under
the continuing care benefit program. The commissioner shall not
require, as part of the admission criteria, any commitment or
petition under chapter 253B as a condition of accessing the
program. This benefit is not available for people who are also
eligible for Medicare and who have not exhausted their annual or
lifetime inpatient psychiatric benefit under Medicare. If a
recipient is enrolled in a prepaid plan, this program is
included in the plan's coverage.

Sec. 6.

Minnesota Statutes 2004, section 256B.0622, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Eligibility for transitional youth. new text end

new text begin An
eligible recipient under the age of 18 is an individual who:
new text end

new text begin (1) is age 16 or 17;
new text end

new text begin (2) is diagnosed with a medical condition, such as an
emotional disturbance or traumatic brain injury, for which
intensive nonresidential rehabilitative mental health services
are needed;
new text end

new text begin (3) has substantial disability and functional impairment in
three or more of the areas listed in section 245.462,
subdivision 11a, so that self-sufficiency upon adulthood or
emancipation is unlikely; and
new text end

new text begin (4) has had a recent diagnostic assessment by a qualified
professional that documents that intensive nonresidential
rehabilitative mental health services are medically necessary to
address identified disability and functional impairments and
individual recipient goals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 7.

Minnesota Statutes 2004, section 256B.0624, is
amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Alternative provider standards for adult mental
health crisis response services. new text end

new text begin If a county demonstrates that,
due to geographic or other barriers, it is not feasible to
provide mobile crisis intervention services according to the
standards in subdivision 4, paragraph (b), clause (9), the
commissioner may approve a crisis response provider based on an
alternative plan proposed by a county or group of counties. The
alternative plan must:
new text end

new text begin (1) result in increased access and a reduction in
disparities in the availability of crisis services;
new text end

new text begin (2) provide mobile services outside of the usual
nine-to-five office hours and on weekends and holidays; and
new text end

new text begin (3) comply with standards for emergency mental health
services in section 245.469.
new text end

Sec. 8.

Minnesota Statutes 2004, section 256B.0625, is
amended by adding a subdivision to read:

new text begin Subd. 46. new text end

new text begin Mental health telemedicine. new text end

new text begin Subject to federal
approval, mental health services that are otherwise covered by
medical assistance as direct face-to-face services may be
provided via two-way interactive video. Use of two-way
interactive video must be medically appropriate to the condition
and needs of the person being served. Reimbursement is at the
same rates and under the same conditions that would otherwise
apply to the service. The interactive video equipment and
connection must comply with Medicare standards in effect at the
time the service is provided.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 9.

Minnesota Statutes 2004, section 256B.0625, is
amended by adding a subdivision to read:

new text begin Subd. 47. new text end

new text begin Treatment foster care services. new text end

new text begin Subject to
federal approval, medical assistance covers treatment foster
care services according to section 256B.0946.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 10.

Minnesota Statutes 2004, section 256B.0625, is
amended by adding a subdivision to read:

new text begin Subd. 48. new text end

new text begin Psychiatric consultation to primary care
practitioners. new text end

new text begin Medical assistance covers consultation provided
by a psychiatrist via telephone, e-mail, facsimile, or other
means of communication to primary care practitioners, including
pediatricians. The need for consultation and the receipt of the
consultation must be documented in the patient record maintained
by the primary care practitioner. If the patient consents, and
subject to federal limitations and data privacy provisions, the
consultation may be provided without the patient present.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 11.

new text begin [256B.0946] TREATMENT FOSTER CARE.
new text end

new text begin Subdivision 1. new text end

new text begin Covered service. new text end

new text begin (a) Subject to federal
approval, medical assistance covers medically necessary services
described under paragraph (b) that are provided by a provider
entity eligible under subdivision 3 to a client eligible under
subdivision 2 who is placed in a treatment foster home licensed
under Minnesota Rules, parts 2960.3000 to 2960.3340.
new text end

new text begin (b) Services to children with severe emotional disturbance
residing in treatment foster care settings must meet the
relevant standards for mental health services under sections
245.487 to 245.4887. In addition, specific service components
reimbursed by medical assistance must meet the following
standards:
new text end

new text begin (1) case management service component must meet the
standards in Minnesota Rules, parts 9520.0900 to 9520.0926 and
9505.0322, excluding subparts 6 and 10;
new text end

new text begin (2) psychotherapy and skills training components must meet
the standards for children's therapeutic services and supports
in section 256B.0943; and
new text end

new text begin (3) family psychoeducation services under supervision of a
mental health professional.
new text end

new text begin Subd. 2. new text end

new text begin Determination of client eligibility. new text end

new text begin A client's
eligibility to receive treatment foster care under this section
shall be determined by a diagnostic assessment, an evaluation of
level of care needed, and development of an individual treatment
plan, as defined in paragraphs (a) to (c).
new text end

new text begin (a) The diagnostic assessment must:
new text end

new text begin (1) be conducted by a psychiatrist, licensed psychologist,
or licensed independent clinical social worker that is performed
within 180 days prior to the start of service;
new text end

new text begin (2) include current diagnoses on all five axes of the
client's current mental health status;
new text end

new text begin (3) determine whether or not a child meets the criteria for
severe emotional disturbance in section 245.4871, subdivision 6,
or for serious and persistent mental illness in section 245.462,
subdivision 20; and
new text end

new text begin (4) be completed annually until age 18. For individuals
between age 18 and 21, unless a client's mental health condition
has changed markedly since the client's most recent diagnostic
assessment, annual updating is necessary. For the purpose of
this section, "updating" means a written summary, including
current diagnoses on all five axes, by a mental health
professional of the client's current mental status and service
needs.
new text end

new text begin (b) The evaluation of level of care must be conducted by
the placing county with an instrument approved by the
commissioner of human services. The commissioner shall update
the list of approved level of care instruments annually.
new text end

new text begin (c) The individual treatment plan must be:
new text end

new text begin (1) based on the information in the client's diagnostic
assessment;
new text end

new text begin (2) developed through a child-centered, family-driven
planning process that identifies service needs and
individualized, planned, and culturally appropriate
interventions that contain specific measurable treatment goals
and objectives for the client and treatment strategies for the
client's family and foster family;
new text end

new text begin (3) reviewed at least once every 90 days and revised; and
new text end

new text begin (4) signed by the client or, if appropriate, by the
client's parent or other person authorized by statute to consent
to mental health services for the client.
new text end

new text begin Subd. 3. new text end

new text begin Eligible providers. new text end

new text begin For purposes of this
section, a provider agency must have an individual placement
agreement for each recipient and must be a licensed child
placing agency, under Minnesota Rules, parts 9543.0010 to
9543.0150, and either:
new text end

new text begin (1) a county;
new text end

new text begin (2) an Indian Health Services facility operated by a tribe
or tribal organization under funding authorized by United States
Code, title 25, sections 450f to 450n, or title 3 of the Indian
Self-Determination Act, Public Law 93-638, section 638
(facilities or providers); or
new text end

new text begin (3) a noncounty entity under contract with a county board.
new text end

new text begin Subd. 4. new text end

new text begin Eligible provider responsibilities. new text end

new text begin (a) To be
an eligible provider under this section, a provider must develop
written policies and procedures for treatment foster care
services consistent with subdivision 1, paragraph (b), clauses
(1), (2), and (3).
new text end

new text begin (b) In delivering services under this section, a treatment
foster care provider must ensure that staff caseload size
reasonably enables the provider to play an active role in
service planning, monitoring, delivering, and reviewing for
discharge planning to meet the needs of the client, the client's
foster family, and the birth family, as specified in each
client's individual treatment plan.
new text end

new text begin Subd. 5. new text end

new text begin Service authorization. new text end

new text begin The commissioner will
administer authorizations for services under this section in
compliance with section 256B.0625, subdivision 25.
new text end

new text begin Subd. 6. new text end

new text begin Excluded services. new text end

new text begin (a) Services in clauses (1)
to (4) are not eligible as components of treatment foster care
services:
new text end

new text begin (1) treatment foster care services provided in violation of
medical assistance policy in Minnesota Rules, part 9505.0220;
new text end

new text begin (2) service components of children's therapeutic services
and supports simultaneously provided by more than one treatment
foster care provider;
new text end

new text begin (3) home and community-based waiver services; and
new text end

new text begin (4) treatment foster care services provided to a child
without a level of care determination according to section
245.4885, subdivision 1.
new text end

new text begin (b) Children receiving treatment foster care services are
not eligible for medical assistance reimbursement for the
following services while receiving treatment foster care:
new text end

new text begin (1) mental health case management services under section
256B.0625, subdivision 20; and
new text end

new text begin (2) psychotherapy and skill training components of
children's therapeutic services and supports under section
256B.0625, subdivision 35b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 12.

Minnesota Statutes 2004, section 256D.03,
subdivision 4, is amended to read:

Subd. 4.

General assistance medical care; services.

(a)(i) For a person who is eligible under subdivision 3,
paragraph (a), clause (2), item (i), general assistance medical
care covers, except as provided in paragraph (c):

(1) inpatient hospital services;

(2) outpatient hospital services;

(3) services provided by Medicare certified rehabilitation
agencies;

(4) prescription drugs and other products recommended
through the process established in section 256B.0625,
subdivision 13;

(5) equipment necessary to administer insulin and
diagnostic supplies and equipment for diabetics to monitor blood
sugar level;

(6) eyeglasses and eye examinations provided by a physician
or optometrist;

(7) hearing aids;

(8) prosthetic devices;

(9) laboratory and X-ray services;

(10) physician's services;

(11) medical transportation except special transportation;

(12) chiropractic services as covered under the medical
assistance program;

(13) podiatric services;

(14) dental services and dentures, subject to the
limitations specified in section 256B.0625, subdivision 9;

(15) outpatient services provided by a mental health center
or clinic that is under contract with the county board and is
established under section 245.62;

(16) day treatment services for mental illness provided
under contract with the county board;

(17) prescribed medications for persons who have been
diagnosed as mentally ill as necessary to prevent more
restrictive institutionalization;

(18) psychological services, medical supplies and
equipment, and Medicare premiums, coinsurance and deductible
payments;

(19) medical equipment not specifically listed in this
paragraph when the use of the equipment will prevent the need
for costlier services that are reimbursable under this
subdivision;

(20) services performed by a certified pediatric nurse
practitioner, a certified family nurse practitioner, a certified
adult nurse practitioner, a certified obstetric/gynecological
nurse practitioner, a certified neonatal nurse practitioner, or
a certified geriatric nurse practitioner in independent
practice, if (1) the service is otherwise covered under this
chapter as a physician service, (2) the service provided on an
inpatient basis is not included as part of the cost for
inpatient services included in the operating payment rate, and
(3) the service is within the scope of practice of the nurse
practitioner's license as a registered nurse, as defined in
section 148.171;

(21) services of a certified public health nurse or a
registered nurse practicing in a public health nursing clinic
that is a department of, or that operates under the direct
authority of, a unit of government, if the service is within the
scope of practice of the public health nurse's license as a
registered nurse, as defined in section 148.171; deleted text begin and
deleted text end

(22) telemedicine consultations, to the extent they are
covered under section 256B.0625, subdivision 3b new text begin ; and
new text end

new text begin (23) mental health telemedicine and psychiatric
consultation as covered under section 256B.0625, subdivisions 46
and 48 new text end .

(ii) Effective October 1, 2003, for a person who is
eligible under subdivision 3, paragraph (a), clause (2), item
(ii), general assistance medical care coverage is limited to
inpatient hospital services, including physician services
provided during the inpatient hospital stay. A $1,000
deductible is required for each inpatient hospitalization.

(b) Gender reassignment surgery and related services are
not covered services under this subdivision unless the
individual began receiving gender reassignment services prior to
July 1, 1995.

(c) In order to contain costs, the commissioner of human
services shall select vendors of medical care who can provide
the most economical care consistent with high medical standards
and shall where possible contract with organizations on a
prepaid capitation basis to provide these services. The
commissioner shall consider proposals by counties and vendors
for prepaid health plans, competitive bidding programs, block
grants, or other vendor payment mechanisms designed to provide
services in an economical manner or to control utilization, with
safeguards to ensure that necessary services are provided.
Before implementing prepaid programs in counties with a county
operated or affiliated public teaching hospital or a hospital or
clinic operated by the University of Minnesota, the commissioner
shall consider the risks the prepaid program creates for the
hospital and allow the county or hospital the opportunity to
participate in the program in a manner that reflects the risk of
adverse selection and the nature of the patients served by the
hospital, provided the terms of participation in the program are
competitive with the terms of other participants considering the
nature of the population served. Payment for services provided
pursuant to this subdivision shall be as provided to medical
assistance vendors of these services under sections 256B.02,
subdivision 8, and 256B.0625. For payments made during fiscal
year 1990 and later years, the commissioner shall consult with
an independent actuary in establishing prepayment rates, but
shall retain final control over the rate methodology.

(d) Recipients eligible under subdivision 3, paragraph (a),
clause (2), item (i), shall pay the following co-payments for
services provided on or after October 1, 2003:

(1) $3 per nonpreventive visit. For purposes of this
subdivision, a visit means an episode of service which is
required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory
setting by a physician or physician ancillary, chiropractor,
podiatrist, nurse midwife, advanced practice nurse, audiologist,
optician, or optometrist;

(2) $25 for eyeglasses;

(3) $25 for nonemergency visits to a hospital-based
emergency room;

(4) $3 per brand-name drug prescription and $1 per generic
drug prescription, subject to a $20 per month maximum for
prescription drug co-payments. No co-payments shall apply to
antipsychotic drugs when used for the treatment of mental
illness; and

(5) 50 percent coinsurance on restorative dental services.

(e) Co-payments shall be limited to one per day per
provider for nonpreventive visits, eyeglasses, and nonemergency
visits to a hospital-based emergency room. Recipients of
general assistance medical care are responsible for all
co-payments in this subdivision. The general assistance medical
care reimbursement to the provider shall be reduced by the
amount of the co-payment, except that reimbursement for
prescription drugs shall not be reduced once a recipient has
reached the $20 per month maximum for prescription drug
co-payments. The provider collects the co-payment from the
recipient. Providers may not deny services to recipients who
are unable to pay the co-payment, except as provided in
paragraph (f).

(f) If it is the routine business practice of a provider to
refuse service to an individual with uncollected debt, the
provider may include uncollected co-payments under this
section. A provider must give advance notice to a recipient
with uncollected debt before services can be denied.

(g) Any county may, from its own resources, provide medical
payments for which state payments are not made.

(h) Chemical dependency services that are reimbursed under
chapter 254B must not be reimbursed under general assistance
medical care.

(i) The maximum payment for new vendors enrolled in the
general assistance medical care program after the base year
shall be determined from the average usual and customary charge
of the same vendor type enrolled in the base year.

(j) The conditions of payment for services under this
subdivision are the same as the conditions specified in rules
adopted under chapter 256B governing the medical assistance
program, unless otherwise provided by statute or rule.

(k) Inpatient and outpatient payments shall be reduced by
five percent, effective July 1, 2003. This reduction is in
addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (i).

(l) Payments for all other health services except
inpatient, outpatient, and pharmacy services shall be reduced by
five percent, effective July 1, 2003.

(m) Payments to managed care plans shall be reduced by five
percent for services provided on or after October 1, 2003.

(n) A hospital receiving a reduced payment as a result of
this section may apply the unpaid balance toward satisfaction of
the hospital's bad debts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 13.

Minnesota Statutes 2004, section 256L.03,
subdivision 1, is amended to read:

Subdivision 1.

Covered health services.

For individuals
under section 256L.04, subdivision 7, with income no greater
than 75 percent of the federal poverty guidelines or for
families with children under section 256L.04, subdivision 1, all
subdivisions of this section apply. "Covered health services"
means the health services reimbursed under chapter 256B, with
the exception of inpatient hospital services, special education
services, private duty nursing services, adult dental care
services other than services covered under section 256B.0625,
subdivision 9, paragraph (b), orthodontic services, nonemergency
medical transportation services, personal care assistant and
case management services, nursing home or intermediate care
facilities services, inpatient mental health services, and
chemical dependency services. Outpatient mental health services
covered under the MinnesotaCare program are limited to
diagnostic assessments, psychological testing, explanation of
findings, new text begin mental health telemedicine, psychiatric consultation,
new text end medication management by a physician, day treatment, partial
hospitalization, and individual, family, and group psychotherapy.

No public funds shall be used for coverage of abortion
under MinnesotaCare except where the life of the female would be
endangered or substantial and irreversible impairment of a major
bodily function would result if the fetus were carried to term;
or where the pregnancy is the result of rape or incest.

Covered health services shall be expanded as provided in
this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Laws 2001, First Special Session chapter 9, article 9,
section 52; and Laws 2002, chapter 335, section 4, are repealed
effective the day following final enactment.
new text end

ARTICLE 2

CHILDREN'S MENTAL HEALTH

Section 1.

Minnesota Statutes 2004, section 260C.141,
subdivision 2, is amended to read:

Subd. 2.

Review of foster care status.

deleted text begin The social
services agency responsible for the placement of a child in a
residential facility, as defined in section 260C.212,
subdivision 1, pursuant to a voluntary release by the child's
parent or parents must proceed in juvenile court to review the
foster care status of the child in the manner provided in this
section.
deleted text end

deleted text begin (a) deleted text end Except for a child in deleted text begin placement deleted text end new text begin foster care new text end due solely
to the child's developmental disability or emotional
disturbance, when a child continues in voluntary placement
according to section 260C.212, subdivision 8, a petition shall
be filed alleging the child to be in need of protection or
services or seeking termination of parental rights or other
permanent placement of the child away from the parent within 90
days of the date of the voluntary placement agreement. The
petition shall state the reasons why the child is in placement,
the progress on the out-of-home placement plan required under
section 260C.212, subdivision 1, and the statutory basis for the
petition under section 260C.007, subdivision 6, 260C.201,
subdivision 11, or 260C.301.

(1) In the case of a petition alleging the child to be in
need of protection or services filed under this paragraph, if
all parties agree and the court finds it is in the best
interests of the child, the court may find the petition states a
prima facie case that:

(i) the child's needs are being met;

(ii) the placement of the child in foster care is in the
best interests of the child;

(iii) reasonable efforts to reunify the child and the
parent or guardian are being made; and

(iv) the child will be returned home in the next three
months.

(2) If the court makes findings under paragraph (1), the
court shall approve the voluntary arrangement and continue the
matter for up to three more months to ensure the child returns
to the parents' home. The responsible social services agency
shall:

(i) report to the court when the child returns home and the
progress made by the parent on the out-of-home placement plan
required under section 260C.212, in which case the court shall
dismiss jurisdiction;

(ii) report to the court that the child has not returned
home, in which case the matter shall be returned to the court
for further proceedings under section 260C.163; or

(iii) if any party does not agree to continue the matter
under new text begin this paragraph and new text end paragraph (1) deleted text begin and this paragraph deleted text end , the
matter shall proceed under section 260C.163.

deleted text begin (b) deleted text end new text begin Subd. 2a. new text end [VOLUNTARY FOSTER CARE PLACEMENT.] In the
case of a child in voluntary placement due solely to the child's
developmental disability or emotional disturbance according to
section 260C.212, subdivision 9, deleted text begin the following procedures apply:
deleted text end new text begin a petition under subdivision 1 shall not be filed unless a child
continues in foster care for 13 consecutive months from the date
of the voluntary placement, in which case, the responsible
social services agency shall proceed under clause (2). In lieu
of filing a petition to obtain judicial review of a child's
voluntary placement due solely to disability and within 165 days
of the placement, the responsible social services agency must
report to the court as follows:
new text end

(1) [REPORT TO COURT.] (i) deleted text begin Unless the county attorney
determines that a petition under subdivision 1 is appropriate,
without filing a petition, deleted text end A written report shall be forwarded
to the court within 165 days of the date of the voluntary
placement agreement. The written report shall contain necessary
identifying information for the court to proceed, a copy of the
out-of-home placement plan required under section 260C.212,
subdivision 1, a written summary of the proceedings of any
administrative review required under section 260C.212,
subdivision 7, and any other information the responsible social
services agency, parent or guardian, the child or the foster
parent or other residential facility wants the court to
consider. new text begin In the case of a child in placement due solely to an
emotional disturbance, the written report shall include as an
attachment the child's individual treatment plan developed by
the child's treatment professional, as provided in section
245.4871, subdivision 21, or the child's individual interagency
intervention plan, as provided in section 125A.023, subdivision
3, paragraph (c). In the case of a child in placement due
solely to a developmental disability, the written report shall
include as an attachment the child's individual service plan, as
provided in section 256B.092, subdivision 1b; the child's
individual program plan, as provided in Minnesota Rules, part
9525.0004, subpart 11; the child's waiver care plan; or the
child's individual interagency intervention plan, as provided in
section 125A.023, subdivision 3, paragraph (c).
new text end

(ii) The responsible social services agency, where
appropriate, must advise the child, parent or guardian, the
foster parent, or representative of the residential facility of
the requirements of this section and of their right to submit
information to the court. If the child, parent or guardian,
foster parent, or representative of the residential facility
wants to send information to the court, the responsible social
services agency shall advise those persons of the reporting date
and the identifying information necessary for the court
administrator to accept the information and submit it to a judge
with the agency's report. The responsible social services
agency must also notify those persons that they have the right
to be heard in person by the court and how to exercise that
right. The responsible social services agency must also provide
notice that an in-court hearing will not be held unless
requested by a parent or guardian, foster parent, or the child.

(iii) After receiving the required report, the court has
jurisdiction to make the following determinations and must do so
within ten days of receiving the forwarded report: (A) whether
or not the placement of the child is in the child's best
interests; and (B) whether the parent and agency are
appropriately planning for the child. Unless requested by a
parent or guardian, foster parent, or child, no in-court hearing
deleted text begin need deleted text end new text begin shall new text end be held in order for the court to make findings and
issue an order under this paragraph.

(iv) If the court finds the placement is in the child's
best interests and that the agency and parent are appropriately
planning for the child, the court shall issue an order
containing explicit, individualized findings to support its
determination. The court shall send a copy of the order to the
county attorney, the responsible social services agency, the
parent or guardian, the child, and the foster parents. The
court shall also send the parent or guardian, the child, and the
foster parent notice of the required review under clause (2).

(v) If the court finds continuing the placement not to be
in the child's best interests or that the agency or the parent
or guardian is not appropriately planning for the child, the
court shall notify the county attorney, the responsible social
services agency, the parent or guardian, the foster parent, the
child, and the county attorney of the court's determinations and
the basis for the court's determinations.

(2) [PERMANENCY REVIEW BY PETITION.] If a child with a
developmental disability or an emotional disturbance continues
in out-of-home placement for 13 months from the date of a
voluntary placement, a petition alleging the child to be in need
of protection or services, for termination of parental rights,
or for permanent placement of the child away from the parent
under section 260C.201 shall be filed. The court shall conduct
a permanency hearing on the petition no later than 14 months
after the date of the voluntary placement. At the permanency
hearing, the court shall determine the need for an order
permanently placing the child away from the parent or determine
whether there are compelling reasons that continued voluntary
placement is in the child's best interests. A petition alleging
the child to be in need of protection or services shall state
the date of the voluntary placement agreement, the nature of the
child's developmental disability or emotional disturbance, the
plan for the ongoing care of the child, the parents'
participation in the plan, the responsible social services
agency's efforts to finalize a plan for the permanent placement
of the child, and the statutory basis for the petition.

(i) If a petition alleging the child to be in need of
protection or services is filed under this paragraph, the court
may find, based on the contents of the sworn petition, and the
agreement of all parties, including the child, where
appropriate, that there are compelling reasons that the
voluntary arrangement is in the best interests of the child and
that the responsible social services agency has made reasonable
efforts to finalize a plan for the permanent placement of the
child, approve the continued voluntary placement, and continue
the matter under the court's jurisdiction for the purpose of
reviewing the child's placement as a continued voluntary
arrangement every 12 months as long as the child continues in
out-of-home placement.

new text begin (ii) When the court finds compelling reasons and approves
the continued voluntary placement under this subdivision, the
court shall not adjudicate the child in need of protection or
services and shall not order the child placed in foster care or
transfer legal custody of the child to the responsible social
services agency. A finding that the court approves the
continued voluntary placement means the responsible social
services agency has continued legal responsibility for the
child's placement due to the voluntary placement agreement and
that the parent may terminate the voluntary agreement as
provided in section 260C.212, subdivision 4, paragraph (c),
clause (2), or, in the case of an Indian child, as provided in
section 260.765, subdivision 4.
new text end

new text begin (iii) new text end The matter must be returned to the court for further
review every 12 months as long as the child remains in
placement. The court shall give notice to the parent or
guardian of the continued review requirements under this
section. Nothing in this paragraph shall be construed to mean
the court must order permanent placement for the child under
section 260C.201, subdivision 11, as long as the court finds
compelling reasons at the first review required under this
section.

new text begin (iv) If a child diagnosed with developmental disability or
emotional disturbance has been ordered into foster care under
section 260C.178 or 260C.201 and the conditions which led to the
court's order have been corrected so that the child could safely
return to the care of the parent or guardian except for the
child's need for continued placement to access necessary
treatment or services, the responsible social services agency
may file a motion with the court in the child in need of
protection or services matter to vacate the finding that the
child is in need of protection or services and to vacate the
award of custody to the responsible agency. The motion shall be
supported by affidavit setting forth: (A) the agency's
reasonable efforts to finalize a permanent plan for the child
including returning the child home; (B) the agency's compelling
reasons why a permanent placement need not be ordered under
section 260C.201, subdivision 11; and (C) why the voluntary
placement is in the child's best interests. This motion must be
filed no later than the time a permanency placement
determination hearing is required under section 260C.201,
subdivision 11. At the time scheduled for the court to hear the
agency's motion, the parent or guardian and agency may execute a
voluntary placement agreement when the court approves the
child's continued foster care placement as a voluntary
arrangement. The court may approve the continued foster care
placement as a voluntary arrangement if it finds there are
compelling reasons why continued placement on a voluntary basis
is in the child's best interests and that the responsible social
services agency has made reasonable efforts to finalize a plan
for the permanent placement of the child. The matter shall
continue under the court's jurisdiction for the purpose of
reviewing the child's placement as a continued voluntary
arrangement every 12 months as long as the child continues in
out-of-home placement due solely to the child's disability. A
finding that the court approves the continued voluntary
placement means the responsible social services agency has
continued legal responsibility for the child's placement due to
the voluntary placement agreement and that the parent may
terminate the voluntary agreement as provided in section
260C.212, subdivision 4, paragraph (c), clause (2), or, in the
case of an Indian child, as provided in section 260.765,
subdivision 4.
new text end

deleted text begin (ii) deleted text end new text begin (v) new text end If a petition for termination of parental rights,
for transfer of permanent legal and physical custody to a
relative, for long-term foster care, or for foster care for a
specified period of time is filed, the court must proceed under
section 260C.201, subdivision 11.

(3) If any party, including the child, disagrees with the
voluntary arrangement, the court shall proceed under section
260C.163.

Sec. 2.

Minnesota Statutes 2004, section 260C.193,
subdivision 2, is amended to read:

Subd. 2.

Consideration of reports.

Before making a
disposition in a case, terminating parental rights, or
appointing a guardian for a child, the court may consider any
report or recommendation made by the responsible social services
agency, probation officer, licensed child-placing agency, foster
parent, guardian ad litem, tribal representative, new text begin the child's
health or mental health care provider, new text end or other authorized
advocate for the child or child's family, a school district
concerning the effect on student transportation of placing a
child in a school district in which the child is not a resident,
or any other information deemed material by the court.

Sec. 3.

Minnesota Statutes 2004, section 260C.201,
subdivision 1, is amended to read:

Subdivision 1.

Dispositions.

(a) If the court finds that
the child is in need of protection or services or neglected and
in foster care, it shall enter an order making any of the
following dispositions of the case:

(1) place the child under the protective supervision of the
responsible social services agency or child-placing agency in
the home of a parent of the child under conditions prescribed by
the court directed to the correction of the child's need for
protection or services:

(i) the court may order the child into the home of a parent
who does not otherwise have legal custody of the child, however,
an order under this section does not confer legal custody on
that parent;

(ii) if the court orders the child into the home of a
father who is not adjudicated, he must cooperate with paternity
establishment proceedings regarding the child in the appropriate
jurisdiction as one of the conditions prescribed by the court
for the child to continue in his home;

(iii) the court may order the child into the home of a
noncustodial parent with conditions and may also order both the
noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or

(2) transfer legal custody to one of the following:

(i) a child-placing agency; or

(ii) the responsible social services agency. In placing a
child whose custody has been transferred under this paragraph,
the agencies shall make an individualized determination of how
the placement is in the child's best interests using the
consideration for relatives and the best interest factors in
section 260C.212, subdivision 2, paragraph (b); or

(3) if the child has been adjudicated as a child in need of
protection or services because the child is in need of special
services or care to treat or ameliorate a physical or mental
disability new text begin or emotional disturbance as defined in section
245.4871, subdivision 15 new text end , the court may order the child's
parent, guardian, or custodian to provide it. The court may
order the child's health plan company to provide mental health
services to the child. Section 62Q.535 applies to an order for
mental health services directed to the child's health plan
company. If the health plan, parent, guardian, or custodian
fails or is unable to provide this treatment or care, the court
may order it provided. Absent specific written findings by the
court that the child's disability is the result of abuse or
neglect by the child's parent or guardian, the court shall not
transfer legal custody of the child for the purpose of obtaining
special treatment or care solely because the parent is unable to
provide the treatment or care. If the court's order for mental
health treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing
professional not provide the treatment to the child if it finds
that such an order is in the child's best interests; or

(4) if the court believes that the child has sufficient
maturity and judgment and that it is in the best interests of
the child, the court may order a child 16 years old or older to
be allowed to live independently, either alone or with others as
approved by the court under supervision the court considers
appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional
alternative for a child.

(b) If the child was adjudicated in need of protection or
services because the child is a runaway or habitual truant, the
court may order any of the following dispositions in addition to
or as alternatives to the dispositions authorized under
paragraph (a):

(1) counsel the child or the child's parents, guardian, or
custodian;

(2) place the child under the supervision of a probation
officer or other suitable person in the child's own home under
conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents,
guardian, or custodian, designed for the physical, mental, and
moral well-being and behavior of the child; or with the consent
of the commissioner of corrections, place the child in a group
foster care facility which is under the commissioner's
management and supervision;

(3) subject to the court's supervision, transfer legal
custody of the child to one of the following:

(i) a reputable person of good moral character. No person
may receive custody of two or more unrelated children unless
licensed to operate a residential program under sections 245A.01
to 245A.16; or

(ii) a county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;

(4) require the child to pay a fine of up to $100. The
court shall order payment of the fine in a manner that will not
impose undue financial hardship upon the child;

(5) require the child to participate in a community service
project;

(6) order the child to undergo a chemical dependency
evaluation and, if warranted by the evaluation, order
participation by the child in a drug awareness program or an
inpatient or outpatient chemical dependency treatment program;

(7) if the court believes that it is in the best interests
of the child and of public safety that the child's driver's
license or instruction permit be canceled, the court may order
the commissioner of public safety to cancel the child's license
or permit for any period up to the child's 18th birthday. If
the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to
the child's 18th birthday. The court shall forward an order
issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a
hearing for the period specified by the court. At any time
before the expiration of the period of cancellation or denial,
the court may, for good cause, order the commissioner of public
safety to allow the child to apply for a license or permit, and
the commissioner shall so authorize;

(8) order that the child's parent or legal guardian deliver
the child to school at the beginning of each school day for a
period of time specified by the court; or

(9) require the child to perform any other activities or
participate in any other treatment programs deemed appropriate
by the court.

To the extent practicable, the court shall enter a
disposition order the same day it makes a finding that a child
is in need of protection or services or neglected and in foster
care, but in no event more than 15 days after the finding unless
the court finds that the best interests of the child will be
served by granting a delay. If the child was under eight years
of age at the time the petition was filed, the disposition order
must be entered within ten days of the finding and the court may
not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.

(c) If a child who is 14 years of age or older is
adjudicated in need of protection or services because the child
is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board
or county attorney mediation program under section 260A.06 or
260A.07, the court shall order a cancellation or denial of
driving privileges under paragraph (b), clause (7), for any
period up to the child's 18th birthday.

(d) In the case of a child adjudicated in need of
protection or services because the child has committed domestic
abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time,
finds the parent is able or willing to provide an alternative
safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.

(e) When a parent has complied with a case plan ordered
under subdivision 6 and the child is in the care of the parent,
the court may order the responsible social services agency to
monitor the parent's continued ability to maintain the child
safely in the home under such terms and conditions as the court
determines appropriate under the circumstances.

Sec. 4.

Minnesota Statutes 2004, section 260C.201,
subdivision 2, is amended to read:

Subd. 2.

Written findings.

(a) Any order for a
disposition authorized under this section shall contain written
findings of fact to support the disposition and case plan
ordered and shall also set forth in writing the following
information:

(1) Why the best interests and safety of the child are
served by the disposition and case plan ordered;

(2) What alternative dispositions or services under the
case plan were considered by the court and why such dispositions
or services were not appropriate in the instant case;

(3) When legal custody of the child is transferred, the
appropriateness of the particular placement made or to be made
by the placing agency using the factors in section 260C.212,
subdivision 2, paragraph (b); deleted text begin and
deleted text end

(4) Whether reasonable efforts consistent with section
260.012 were made to prevent or eliminate the necessity of the
child's removal and to reunify the family after removal. The
court's findings must include a brief description of what
preventive and reunification efforts were made and why further
efforts could not have prevented or eliminated the necessity of
removal or that reasonable efforts were not required under
section 260.012 or 260C.178, subdivision 1 new text begin ; and
new text end

new text begin (5) If the child has been adjudicated as a child in need of
protection or services because the child is in need of special
services or care to treat or ameliorate a mental disability or
emotional disturbance as defined in section 245.4871,
subdivision 15, the written findings shall also set forth:
new text end

new text begin (i) whether the child has mental health needs that must be
addressed by the case plan;
new text end

new text begin (ii) what consideration was given to the diagnostic and
functional assessments performed by the child's mental health
professional and to health and mental health care professionals'
treatment recommendations;
new text end

new text begin (iii) what consideration was given to the requests or
preferences of the child's parent or guardian with regard to the
child's interventions, services, or treatment; and
new text end

new text begin (iv) what consideration was given to the cultural
appropriateness of the child's treatment or services new text end .

(b) If the court finds that the social services agency's
preventive or reunification efforts have not been reasonable but
that 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.

(c) If the child has been identified by the responsible
social services agency as the subject of concurrent permanency
planning, the court shall review the reasonable efforts of the
agency to recruit, identify, and make a placement in a home
where the foster parent or relative that has committed to being
the legally permanent home for the child in the event
reunification efforts are not successful.

Sec. 5.

Minnesota Statutes 2004, section 260C.205, is
amended to read:

260C.205 DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.

Unless the court disposes of the petition under section
260C.141, subdivision 2, upon a petition for review of the
foster care status of a child, the court may:

(a) Find that the child's needs are not being met, in which
case the court shall order the social services agency or the
parents to take whatever action is necessary and feasible to
meet the child's needs, including, when appropriate, the
provision by the social services agency of services to the
parents which would enable the child to live at home, and order
a disposition under section 260C.201.

(b) Find that the child has been abandoned by parents
financially or emotionally, or that the developmentally disabled
child does not require out-of-home care because of the
handicapping condition, in which case the court shall order the
social services agency to file an appropriate petition pursuant
to section 260C.141, subdivision 1, or 260C.307.

(c) When a child is in placement due solely to the child's
developmental disability or emotional disturbance and the court
finds that there are compelling reasons which permit the court
to approve the continued voluntary placement of the child and
retain jurisdiction to conduct reviews as required under section
260C.141, subdivision 2, the court shall give the parent notice
new text begin by registered United States mail new text end of the review requirements of
section 260C.141, subdivision 2, in the event the child
continues in placement 12 months or longer.

Nothing in this section shall be construed to prohibit
bringing a petition pursuant to section 260C.141, subdivision 1
or 4, sooner than required by court order pursuant to this
section.

Sec. 6.

Minnesota Statutes 2004, 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 a residential facility by court
order or by the voluntary release of the child by the parent or
parents.

For purposes of this section, a residential facility means
any group home, family foster home or other publicly supported
out-of-home residential facility, including any out-of-home
residential facility under contract with the state, county or
other political subdivision, or any agency thereof, to provide
those services or foster care as defined in section 260C.007,
subdivision 18.

(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 residential facility, and, where
appropriate, the child. new text begin For a child in placement due solely or
in part to the child's emotional disturbance, preparation of the
out-of-home placement plan shall additionally include the
child's mental health treatment provider. new text end 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 residential facility 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
a residential facility, 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 in order
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 27, and siblings of the child if the siblings are
not placed together in the residential facility, and whether
visitation is consistent with the best interest of the child,
during the period the child is in the residential facility;

(6) documentation of steps to finalize the adoption or
legal guardianship of the child if the court has issued an order
terminating the rights of both parents of the child or of the
only known, living parent of the child, and a copy of this
documentation shall be provided to the court in the review
required under section 260C.317, subdivision 3, paragraph (b);

(7) to the extent available and accessible, the health and
educational records of the child including:

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

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) assurances that 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;

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

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

(vii) the child's medications; and

(viii) any other relevant health and education information;
deleted text begin and
deleted text end

(8) an independent living plan for a child age 16 or older
who is in placement as a result of a permanency disposition.
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;

(v) planning for housing;

(vi) social and recreational skills; and

(vii) establishing and maintaining connections with the
child's family and community new text begin ; and
new text end

new text begin (9) for a child in placement due solely or in part to the
child's emotional disturbance, diagnostic and assessment
information, specific services relating to meeting the mental
health care needs of the child, and treatment outcomes new text end .

(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.

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 6 shall be effective the day following final
enactment.
new text end

ARTICLE 3

CIVIL COMMITMENT

Section 1.

Minnesota Statutes 2004, section 253B.02,
subdivision 7, is amended to read:

Subd. 7.

Examiner.

"Examiner" means a person who is
knowledgeable, trained, and practicing in the diagnosis and
assessment or in the treatment of the alleged impairment, and
who is:

(1) a licensed physician; deleted text begin or
deleted text end

(2) a licensed psychologist who has a doctoral degree in
psychology or who became a licensed consulting psychologist
before July 2, 1975 new text begin ; or
new text end

new text begin (3) an advanced practice registered nurse (APRN) certified
in mental health new text end .

Sec. 2.

Minnesota Statutes 2004, section 253B.02,
subdivision 9, is amended to read:

Subd. 9.

Health officer.

"Health officer" means a
licensed physician, licensed psychologist, licensed social
worker, registered nurse working in an emergency room of a
hospital, or psychiatric or public health nurse as defined in
section 145A.02, subdivision 18, new text begin or an advanced practice
registered nurse (APRN) as defined in section 148.171,
subdivision 3, new text end and formally designated members of a prepetition
screening unit established by section 253B.07.

Sec. 3.

Minnesota Statutes 2004, section 253B.05,
subdivision 2, is amended to read:

Subd. 2.

Peace or health officer authority.

(a) A peace
or health officer may take a person into custody and transport
the person to a licensed physician or treatment facility if the
officer has reason to believe, either through direct observation
of the person's behavior, or upon reliable information of the
person's recent behavior and knowledge of the person's past
behavior or psychiatric treatment, that the person is mentally
ill or mentally retarded and in danger of injuring self or
others if not immediately detained. A peace or health officer
or a person working under such officer's supervision, may take a
person who is believed to be chemically dependent or is
intoxicated in public into custody and transport the person to a
treatment facility. If the person is intoxicated in public or
is believed to be chemically dependent and is not in danger of
causing self-harm or harm to any person or property, the peace
or health officer may transport the person home. The peace or
health officer shall make written application for admission of
the person to the treatment facility. The application shall
contain the peace or health officer's statement specifying the
reasons for and circumstances under which the person was taken
into custody. If danger to specific individuals is a basis for
the emergency hold, the statement must include identifying
information on those individuals, to the extent practicable. A
copy of the statement shall be made available to the person
taken into custody.

(b) As far as is practicable, a peace officer who provides
transportation for a person placed in a facility under this
subdivision may not be in uniform and may not use a vehicle
visibly marked as a law enforcement vehicle.

(c) A person may be admitted to a treatment facility for
emergency care and treatment under this subdivision with the
consent of the head of the facility under the following
circumstances: (1) a written statement deleted text begin is made by deleted text end new text begin shall only be
made by the following individuals who are knowledgeable,
trained, and practicing in the diagnosis and treatment of mental
illness or mental retardation; new text end the medical officer, or the
officer's designee on duty at the facility, deleted text begin if the designee is
deleted text end new text begin including new text end a licensed physician, a registered physician
assistant, or an advanced practice registered nurse who deleted text begin is
knowledgeable, trained, and practicing in the diagnosis and
treatment of mental illness or mental retardation, that deleted text end after
preliminary examination new text begin has determined that new text end the person has
symptoms of mental illness or mental retardation and appears to
be in danger of harming self or others if not immediately
detained; or (2) a written statement is made by the institution
program director or the director's designee on duty at the
facility after preliminary examination that the person has
symptoms of chemical dependency and appears to be in danger of
harming self or others if not immediately detained or is
intoxicated in public.