HF 2001

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; appropriating money for the 
  1.3             children's trust fund; changing terminology and 
  1.4             program requirements; amending Minnesota Statutes 
  1.5             1996, sections 119A.10; 119A.11, subdivisions 2, 7, 
  1.6             and 12; 119A.12, subdivision 1; 119A.13; 119A.14; 
  1.7             119A.15, subdivisions 1, 2, and by adding a 
  1.8             subdivision; and 119A.17. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 119A.10, is 
  1.11  amended to read: 
  1.12     119A.10 [CITATION.] 
  1.13     Sections 119A.11 to 119A.16 may be cited as the "children's 
  1.14  trust fund for the prevention of child abuse act." 
  1.15     Sec. 2.  Minnesota Statutes 1996, section 119A.11, 
  1.16  subdivision 2, is amended to read: 
  1.17     Subd. 2.  [ACT.] "Act" means the children's trust fund for 
  1.18  the prevention of child abuse act. 
  1.19     Sec. 3.  Minnesota Statutes 1996, section 119A.11, 
  1.20  subdivision 7, is amended to read: 
  1.21     Subd. 7.  [LOCAL COUNCIL.] "Local council" means a child 
  1.22  abuse prevention council established under section 119A.14. 
  1.23     Sec. 4.  Minnesota Statutes 1996, section 119A.11, 
  1.24  subdivision 12, is amended to read: 
  1.25     Subd. 12.  [TRUST FUND.] "Trust fund" means the children's 
  1.26  trust fund for the prevention of child abuse established under 
  1.27  section 119A.12. 
  2.1      Sec. 5.  Minnesota Statutes 1996, section 119A.12, 
  2.2   subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [CREATION OF TRUST FUND.] A children's 
  2.4   trust fund for the prevention of child abuse is established as 
  2.5   an account in the state treasury.  The commissioner of finance 
  2.6   shall credit to the trust fund all amounts received under 
  2.7   sections 119A.16 and 144.226, subdivision 3, and shall ensure 
  2.8   that trust fund money is invested under section 11A.25.  All 
  2.9   money earned by the trust fund must be credited to the trust 
  2.10  fund.  The trust fund earns its proportionate share of the total 
  2.11  annual state investment income. 
  2.12     Sec. 6.  Minnesota Statutes 1996, section 119A.13, is 
  2.13  amended to read: 
  2.14     119A.13 [DISBURSEMENT OF FUNDS FOR CHILD ABUSE PREVENTION 
  2.15  SERVICES TO AT-RISK CHILDREN.] 
  2.16     Subdivision 1.  [AUTHORITY TO DISBURSE FUNDS.] The 
  2.17  commissioner, with the advice and consent of the advisory 
  2.18  council established under this section, may disburse trust fund 
  2.19  money to any public or private nonprofit agency to fund a child 
  2.20  abuse prevention program programs that provide services for 
  2.21  at-risk children.  Programs may include, but are not limited to, 
  2.22  child abuse prevention, early childhood education, early 
  2.23  childhood health/developmental screening, Interagency Early 
  2.24  Intervention-Part H, way to grow, learning readiness, Infants 
  2.25  and Toddlers-Part H, child care assistance, child 
  2.26  care-development, extended day, family collaboratives, drug 
  2.27  policy and violence prevention, violence prevention grants, 
  2.28  after school enrichment, male responsibility, chemical abuse 
  2.29  prevention grants, drug free schools and communities, and Head 
  2.30  Start.  State funds appropriated for child maltreatment 
  2.31  prevention grants may be transferred to the children's trust 
  2.32  fund special revenue account and are available to carry out this 
  2.33  section. 
  2.34     Subd. 2.  [ADVISORY COUNCIL.] An advisory council of 19 
  2.35  members is established under section 15.059.  The commissioners 
  2.36  of human services, public safety, health, children, families, 
  3.1   and learning, and corrections shall each appoint one member.  
  3.2   The subcommittee on committees of the senate and the speaker of 
  3.3   the house of representatives shall each appoint two members of 
  3.4   their respective bodies, one from each caucus.  The governor 
  3.5   shall appoint an additional ten members who shall demonstrate 
  3.6   knowledge in the area of child abuse at-risk children and shall 
  3.7   represent the demographic and geographic composition of the 
  3.8   state, and to the extent possible, represent the following 
  3.9   groups:  local government, parents, racial and ethnic minority 
  3.10  communities, the religious community, professional providers of 
  3.11  child abuse prevention and treatment services, and volunteers in 
  3.12  child abuse prevention and treatment services.  The council 
  3.13  shall advise and assist the commissioner in carrying out 
  3.14  sections 119A.10 to 119A.16.  The council does not expire as 
  3.15  provided by section 15.059, subdivision 5. 
  3.16     Subd. 3.  [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1, 1987 
  3.17  January of each odd-numbered year, the commissioner, assisted by 
  3.18  the advisory council, shall develop send to the governor and the 
  3.19  legislature a plan to disburse money from the trust fund.  In 
  3.20  developing the plan, the commissioner shall review prevention 
  3.21  programs that provide services for at-risk children.  The plan 
  3.22  must ensure that all geographic areas of the state have an equal 
  3.23  opportunity to establish prevention programs and receive trust 
  3.24  fund money.  Biennially thereafter the commissioner shall send 
  3.25  the plan to the legislature and the governor by January 1 of 
  3.26  each odd-numbered year.  
  3.27     Subd. 4.  [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The 
  3.28  commissioner shall: 
  3.29     (1) provide for the coordination and exchange of 
  3.30  information on the establishment and maintenance of prevention 
  3.31  programs; 
  3.32     (2) develop and publish criteria for receiving trust fund 
  3.33  money by prevention programs; 
  3.34     (3) review, approve, and monitor the spending of trust fund 
  3.35  money by prevention programs; 
  3.36     (4) provide statewide educational and public informational 
  4.1   seminars to develop public awareness on preventing child abuse; 
  4.2   to encourage professional persons and groups to recognize 
  4.3   instances of child abuse and work to prevent them; to make 
  4.4   information on child abuse prevention available to the public 
  4.5   and to organizations and agencies; of at-risk children and to 
  4.6   encourage the development of prevention programs that provide 
  4.7   services for at-risk children; 
  4.8      (5) establish a procedure for an annual, internal 
  4.9   evaluation of the functions, responsibilities, and performance 
  4.10  of the commissioner in carrying out Laws 1986, chapter 423 
  4.11  sections 119A.11 to 119A.16.  In a year in which the state plan 
  4.12  is prepared, the evaluation must be coordinated with the 
  4.13  preparation of the state plan; 
  4.14     (6) provide technical assistance to local councils and 
  4.15  agencies working in the area of child abuse prevention at-risk 
  4.16  children; and 
  4.17     (7) accept and review grant applications beginning June 1, 
  4.18  1987. 
  4.19     (b) The commissioner shall recommend to the governor and 
  4.20  the legislature changes in state programs, statutes, policies, 
  4.21  budgets, and standards that will reduce the problems of child 
  4.22  abuse at-risk children, improve coordination among state 
  4.23  agencies that provide prevention services to at-risk children, 
  4.24  and improve the condition of children, parents, or guardians in 
  4.25  need of prevention program services. 
  4.26     Sec. 7.  Minnesota Statutes 1996, section 119A.14, is 
  4.27  amended to read: 
  4.28     119A.14 [LOCAL CHILD ABUSE PREVENTION COUNCILS FOR AT-RISK 
  4.29  CHILDREN.] 
  4.30     Subdivision 1.  [ESTABLISHMENT OF COUNCIL.] A child abuse 
  4.31  prevention council for at-risk children may be established in 
  4.32  any county or group of counties.  that was eligible to receive 
  4.33  funds under Minnesota Statutes 1986, section 145.917 as of 
  4.34  January 1, 1986.  A council organized in such a county or group 
  4.35  of counties shall be authorized by The commissioner shall 
  4.36  authorize a council to review programs seeking trust fund money 
  5.1   on finding that the council meets the criteria in this 
  5.2   subdivision: 
  5.3      (a) The council has submitted a plan for the prevention of 
  5.4   child abuse providing services to at-risk children that includes 
  5.5   a survey of programs and services, assesses the need for 
  5.6   additional programs or services, and demonstrates that standards 
  5.7   and procedures have been established to ensure that funds will 
  5.8   be distributed and used according to Laws 1986, chapter 423 
  5.9   section 119A.13. 
  5.10     (b) A single-county council shall consist of: 
  5.11     (1) members of a multidisciplinary child protection team 
  5.12  which must be established under section 626.558; and 
  5.13     (2) if necessary, enough additional members appointed by 
  5.14  the county with knowledge in the area of child abuse at-risk 
  5.15  children so that a majority of the council is composed of 
  5.16  members who do not represent public agencies. 
  5.17     (c) A multicounty council shall be selected by the combined 
  5.18  membership of those multidisciplinary teams which have been 
  5.19  established in the counties under section 626.558 and shall 
  5.20  consist of: 
  5.21     (1) one representative each from local human services 
  5.22  agencies, county attorney offices, county sheriff offices, and 
  5.23  health and education agencies, chosen from among the membership 
  5.24  of all the teams; 
  5.25     (2) one representative from any other public agency group 
  5.26  represented among the combined teams; and 
  5.27     (3) enough additional members from the public who have 
  5.28  knowledge in the area of child abuse at-risk children so that a 
  5.29  majority of the council is composed of members who do not 
  5.30  represent public agencies. 
  5.31     (d) In any multicounty group eligible to establish a 
  5.32  council under this subdivision, at least 50 percent of the 
  5.33  counties must have established a multidisciplinary team under 
  5.34  section 626.558 before a council may be established. 
  5.35     Subd. 2.  [REVIEW BY COUNCIL.] To be eligible to receive a 
  5.36  grant from the trust fund, an applicant must have had its 
  6.1   program reviewed by a child abuse prevention council for at-risk 
  6.2   children from the applicant's geographic area found by the 
  6.3   commissioner to meet the criteria in this section.  In reviewing 
  6.4   all such programs, the council shall consider the extent to 
  6.5   which the applicant meets the criteria and standards in Laws 
  6.6   1986, chapter 423 section 119A.13, and the degree to which the 
  6.7   program meets the needs of the geographic area.  The council 
  6.8   shall provide to the advisory council its comments and 
  6.9   recommendations concerning each program reviewed and shall 
  6.10  provide the advisory council with its prioritization by rank 
  6.11  ordering of all programs reviewed. 
  6.12     Sec. 8.  Minnesota Statutes 1996, section 119A.15, 
  6.13  subdivision 1, is amended to read: 
  6.14     Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
  6.15  establish in the plan for prevention of child abuse the criteria 
  6.16  for distribution of trust fund money.  All money shall be 
  6.17  distributed for programs and services involving at-risk 
  6.18  children, or primary or secondary prevention, and no money shall 
  6.19  be distributed for programs and services involving tertiary 
  6.20  prevention. 
  6.21     Sec. 9.  Minnesota Statutes 1996, section 119A.15, 
  6.22  subdivision 2, is amended to read: 
  6.23     Subd. 2.  [MATCHING AND OTHER REQUIREMENTS FOR CHILD ABUSE 
  6.24  PREVENTION PROGRAMS.] Trust fund money for child abuse 
  6.25  prevention programs shall only be distributed to applicants that 
  6.26  demonstrate an ability to match 40 percent of the amount of 
  6.27  trust fund money requested and whose proposals meet the other 
  6.28  criteria.  The matching requirement may be met through in-kind 
  6.29  donations.  In awarding grants, the commissioner shall consider 
  6.30  the extent to which the applicant has demonstrated a willingness 
  6.31  and ability to: 
  6.32     (1) continue the prevention program or service if trust 
  6.33  fund money is eliminated or reduced; and 
  6.34     (2) provide prevention program models and consultation to 
  6.35  other organizations and communities. 
  6.36     Sec. 10.  Minnesota Statutes 1996, section 119A.15, is 
  7.1   amended by adding a subdivision to read: 
  7.2      Subd. 2a.  [MATCHING FOR OTHER PROGRAMS.] Trust fund money 
  7.3   for programs other than child abuse prevention programs shall 
  7.4   only be distributed to applicants that demonstrate an ability to 
  7.5   match 100 percent of the amount of trust fund money requested 
  7.6   and whose proposals meet the other criteria.  Matching money may 
  7.7   include state appropriations from funds other than the trust 
  7.8   fund, as well as nonstate money.  The matching requirement may 
  7.9   be met through in kind donations. 
  7.10     Sec. 11.  Minnesota Statutes 1996, section 119A.17, is 
  7.11  amended to read: 
  7.12     119A.17 [ANNUAL APPROPRIATION.] 
  7.13     All earnings from trust fund assets, all sums received 
  7.14  under section 119A.16, and 60 percent of the amount collected 
  7.15  under section 144.226, subdivision 3, are appropriated annually 
  7.16  from the children's trust fund for the prevention of child abuse 
  7.17  to the commissioner of children, families, and learning to carry 
  7.18  out sections 119A.10 to 119A.16.  In fiscal year 1987 only, the 
  7.19  first $75,000 collected under section 144.226, subdivision 3, is 
  7.20  appropriated from the children's trust fund for the prevention 
  7.21  of child abuse to the commissioner of children, families, and 
  7.22  learning to carry out sections 119A.10 to 119A.16. 
  7.23     Sec. 12.  [APPROPRIATION.] 
  7.24     $500,000,000 is appropriated for the fiscal year ending 
  7.25  June 30, 1998, and $500,000,000 is appropriated for the fiscal 
  7.26  year ending June 30, 1999, from the general fund for transfer to 
  7.27  the children's trust fund under Minnesota Statutes, section 
  7.28  119A.12.