HF 2135

as introduced - 94th Legislature (2025 - 2026) Posted on 03/11/2025 12:16pm

A bill for an act
relating to children and families; requiring a fiscal analysis of the child welfare
system; requiring a comprehensive child welfare program, practice, and service
evaluation; requiring reports; appropriating money.

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

Section 1. new text begin DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND
FAMILIES; CHILD WELFARE FISCAL ANALYSIS, PROGRAM AND PRACTICE
EVALUATION, AND RECOMMENDATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Child welfare fiscal analysis. new text end

new text begin The commissioner of children, youth, and
families must contract with a third-party consultant, selected according to subdivision 2, to
conduct a child welfare fiscal analysis.
new text end

new text begin Subd. 2. new text end

new text begin Fiscal analysis consultant selection. new text end

new text begin (a) The commissioner, in consultation
with the Association of Minnesota Counties, the Minnesota Indian Affairs Council,
community nonprofits, community providers, and other child welfare system stakeholders,
must select a third-party independent consultant to conduct the fiscal analysis required under
this section. The consultant must have national expertise in and experience with child welfare
systems and conducting fiscal analyses, which may include experience conducting a similar
fiscal analysis of another state's claim processes under the Family First Prevention Services
Act and the state's federal Title IV-E and Title IV-B reimbursement processes.
new text end

new text begin (b) Except for the contract to perform the fiscal analysis under this section, the third-party
consultant selected under this subdivision must not receive funding from any other entity
in Minnesota, including state, local, and Tribal government agencies or programs, at any
time while conducting the fiscal analysis and preparing recommendations.
new text end

new text begin Subd. 3. new text end

new text begin Child welfare fiscal analysis requirements. new text end

new text begin When conducting the child welfare
fiscal analysis under this section, the third-party consultant must evaluate:
new text end

new text begin (1) financial systems in Minnesota's child welfare system and funding sources available
to the child welfare system;
new text end

new text begin (2) current state, county, and Tribal agency staff responsible for child welfare system
budgeting and reimbursement and staff skills and resources necessary for obtaining,
managing, and distributing federal funds to counties and Tribal Nations;
new text end

new text begin (3) the state's access to and use of funding or reimbursements under federal Title IV-E
and Title IV-B, the federal Child Abuse Prevention and Treatment Act, TANF, Medicaid,
the federal Social Services Block Grant Program, and other federal funds for expenses
related to child welfare, including legal representation, training, and prevention services;
new text end

new text begin (4) relevant information needed to secure available federal funds for the child welfare
system;
new text end

new text begin (5) the implementation of the Family First Prevention Services Act and related claim
processes;
new text end

new text begin (6) the social service information system, including the system's ability to efficiently
integrate child welfare information and manage, track, and share information between the
state, counties, and Tribal Nations;
new text end

new text begin (7) federal Title IV-E attorney and training reimbursements in the state and all allowable
Title IV-E administrative costs;
new text end

new text begin (8) eligibility of federal Title IV-E funding or reimbursements for the following categories
of legal representation in child welfare cases:
new text end

new text begin (i) parent representation;
new text end

new text begin (ii) child representation;
new text end

new text begin (iii) paralegal duties, support, and mentoring;
new text end

new text begin (iv) relative and kin representation;
new text end

new text begin (v) Tribal legal representation;
new text end

new text begin (vi) prepetition legal services; and
new text end

new text begin (vii) other civil legal services; and
new text end

new text begin (9) the Tribal consultation policy under Minnesota Statutes, section 10.65, and how
often the consultations occur.
new text end

new text begin Subd. 4. new text end

new text begin Report on fiscal analysis. new text end

new text begin By June 30, 2027, the third-party consultant who
conducted the child welfare fiscal analysis under this section must submit a final report to
the commissioner of children, youth, and families; commissioner of human services; and
the chairs and ranking minority members of the legislative committees with jurisdiction
over the child welfare system. The final report must include the findings from the fiscal
analysis required in this section. The report must also include recommendations on:
new text end

new text begin (1) whether Minnesota should increase state investment into the child welfare system;
new text end

new text begin (2) how to maximize the state's receipt of federal reimbursements;
new text end

new text begin (3) legislative proposals for any necessary statutory changes; and
new text end

new text begin (4) administrative and fiscal resources needed to implement necessary statutory changes.
new text end

new text begin Subd. 5. new text end

new text begin Child welfare practice and program evaluation and recommendations. new text end

new text begin The
commissioner of children, youth, and families must contract with a third-party consultant
to conduct a comprehensive evaluation of programs, practices, and services in the child
welfare system in Minnesota to develop a comprehensive set of practice and programmatic
recommendations that provide a framework for the child welfare system. Recommendations
may address alignment of funding to support programs and services that reduce or eliminate
inequities in the system while achieving the best outcomes for children and families. In
conducting the evaluation, the consultant must engage with:
new text end

new text begin (1) local social services agencies;
new text end

new text begin (2) community-based agencies and advocates that serve children and families in the
child welfare system;
new text end

new text begin (3) individuals with lived experience in the child welfare system; and
new text end

new text begin (4) other individuals and stakeholders identified by the advisory task force in subdivision
7.
new text end

new text begin Subd. 6. new text end

new text begin Reports on practice and program evaluation. new text end

new text begin (a) By July 1, 2027, the
third-party consultant conducting the evaluation under subdivision 5 must provide a status
report to the commissioner of children, youth, and families; the commissioner of human
services; and the chairs and ranking minority members of the legislative committees with
jurisdiction over the child welfare system. The report must include a summary of the
consultant's work completed as of the date of the report and initial recommendations, if any.
new text end

new text begin (b) By July 1, 2028, the third-party consultant conducting the evaluation under subdivision
5 must provide a final report on the required evaluation and recommendations to the
commissioner of children, youth, and families; the commissioner of human services; and
the chairs and ranking minority members of the legislative committees with jurisdiction
over the child welfare system. The final report must include legislative proposals for any
necessary statutory changes and recommendations on administrative and fiscal resources
needed to implement necessary statutory changes.
new text end

new text begin Subd. 7. new text end

new text begin Advisory task force. new text end

new text begin (a) An advisory task force is established to support and
advise the third-party consultant or consultants during the fiscal analysis required under
subdivisions 1 and 3 and the program evaluation and practice recommendations under
subdivision 5. The consultant or consultants must meet regularly with the task force
throughout the analysis, program evaluation, and report preparation. The task force must:
new text end

new text begin (1) assist the consultant or consultants with obtaining data and information needed for
the fiscal analysis and program evaluation;
new text end

new text begin (2) provide advice and support to the consultant or consultants regarding the goals and
timeline of the fiscal analysis and program evaluation; and
new text end

new text begin (3) advise the consultant or consultants as needed for the duration of the fiscal analysis
and program evaluation.
new text end

new text begin (b) The advisory task force shall consist of the following members:
new text end

new text begin (1) two members who are employees of the Department of Children, Youth, and Families
who have expertise in child welfare appointed by the commissioner of children, youth, and
families;
new text end

new text begin (2) one member who is an employee of the Department of Human Services who has
expertise in services and programming for individuals with disabilities, substance use
disorder, or mental health needs appointed by the commissioner of human services;
new text end

new text begin (3) two members appointed by the Minnesota Association of County Social Service
Administrators;
new text end

new text begin (4) one member appointed by the foster youth ombudsperson;
new text end

new text begin (5) the ombudsperson for African American families or a designee;
new text end

new text begin (6) the ombudsperson for American Indian families or a designee;
new text end

new text begin (7) the ombudsperson for Asian-Pacific families or a designee;
new text end

new text begin (8) the ombudsperson for Spanish-speaking families or a designee;
new text end

new text begin (9) one member appointed by the Minnesota Children's Justice Initiative;
new text end

new text begin (10) two members appointed by the Minnesota Indian Affairs Council; and
new text end

new text begin (11) two members of the public who work in the children's prevention services community
appointed by the governor.
new text end

new text begin (c) The advisory task force is governed by Minnesota Statutes, section 15.059, and
expires 30 days after the submission of the final reports under subdivisions 4 and 6.
new text end

new text begin Subd. 8. new text end

new text begin Tribal participation. new text end

new text begin Each of Minnesota's 11 federally recognized Tribal
Nations may participate in the fiscal analysis or program evaluation required under this
section. Tribal Nations that choose to participate have sovereignty over data they choose
to share with the consultant or other individuals or entities and may request that their data
not be included in any public documents.
new text end

Sec. 2. new text begin APPROPRIATION; CHILD WELFARE FISCAL ANALYSIS AND
PROGRAM EVALUATION AND RECOMMENDATIONS.
new text end

new text begin $....... in fiscal year 2026 is appropriated from the general fund to the commissioner of
children, youth, and families to contract with a third-party consultant to conduct an
independent fiscal analysis of the child welfare system in Minnesota and to contract with
a third-party consultant to conduct a comprehensive evaluation of programs, practices, and
services in the child welfare system in Minnesota and develop comprehensive practice and
programmatic recommendations. This is a onetime appropriation and is available until
expended.
new text end