HF 2396

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/02/2023 02:12pm

A bill for an act
relating to human services; establishing an ombudsperson for shelter residents;
modifying the Government Data Practices Act; appropriating money; proposing
coding for new law in Minnesota Statutes, chapters 13; 256K.

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

Section 1.

new text begin [13.469] OMBUDSPERSON FOR SHELTER RESIDENTS; DATA.
new text end

new text begin All data on individuals pertaining to contacts made by residents seeking the assistance
of the ombudsperson for shelter residents are classified as private data, pursuant to section
13.02, subdivision 12.
new text end

Sec. 2.

new text begin [256K.70] OMBUDSPERSON FOR SHELTER RESIDENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms defined in this subdivision have the meanings
given them.
new text end

new text begin (b) "Homeless" or "homelessness" means lacking a fixed, regular, and adequate nighttime
residence.
new text end

new text begin (c) "Ombudsperson" means the ombudsperson for shelter residents and includes staff
of the Office of Ombudsperson for Shelter Residents.
new text end

new text begin (d) "Provider" means a provider of shelter.
new text end

new text begin (e) "Resident" means a person residing in a homeless shelter in Minnesota.
new text end

new text begin (f) "Shelter" means any facility, regardless of the nature of ownership or operation or
source of funding, intended for temporary or emergency indoor sleeping accommodations
for single adults, families, youth, or survivors of domestic violence or sexual assault.
"Shelter" does not include a Tribal shelter or a shelter on Tribal land.
new text end

new text begin Subd. 2. new text end

new text begin Creation. new text end

new text begin (a) The Office of the Ombudsperson for Shelter Residents is
established. The governor shall appoint an ombudsperson for shelter residents. The
ombudsperson shall serve in an unclassified position for a term of four years, which may
be renewed. The ombudsperson shall be a member of the Minnesota Interagency Council
on Homelessness.
new text end

new text begin (b) No person may serve as ombudsperson while holding any other public office.
new text end

new text begin Subd. 3. new text end

new text begin Qualifications. new text end

new text begin At a minimum, the ombudsperson must be an individual who:
new text end

new text begin (1) has had personal experience with homelessness and the shelter system or who has
advocated for or represented persons residing in homeless shelters;
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new text begin (2) has experience or skills in dispute resolution; and
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new text begin (3) is versed in Minnesota law governing shelters, agency programs for Minnesotans
who are homeless, and the manner in which shelter in Minnesota is funded and administered.
new text end

new text begin Subd. 4. new text end

new text begin Initial appointment; organization of the office. new text end

new text begin (a) The ombudsperson must
be appointed no later than February 15, 2024. The appointed ombudsperson may hire one
assistant.
new text end

new text begin (b) After January 1, 2025, the ombudsman may request and must document the need for
funding for additional staff.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) The ombudsperson shall:
new text end

new text begin (1) accept and collect complaints from residents and attempt to mediate disputes between
residents and providers;
new text end

new text begin (2) issue reports and recommendations as deemed necessary or upon request of the
governor or the legislature;
new text end

new text begin (3) convene the advisory council described in subdivision 7; and
new text end

new text begin (4) educate and provide referrals and resources to residents and shelter providers about
laws governing the provision of shelter in Minnesota, including but not limited to the rights
of residents and obligations of providers under the Americans with Disabilities Act, the Fair
Housing Act, section 504 of the Rehabilitation Act, the Civil Rights Act, and the Minnesota
Human Rights Act.
new text end

new text begin (b) As capacity permits, the ombudsperson must:
new text end

new text begin (1) analyze data relating to complaints, concerns, shelter conditions, and shelter services,
and review laws and policies in other states regarding homelessness and shelter;
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new text begin (2) identify and make recommendations to residents, providers, state and local agencies,
and policymakers to resolve issues of concern affecting some or all residents or providers,
or both, whether in specific shelters, regions, or statewide;
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new text begin (3) conduct training, or direct shelters to resources where they may obtain training, for
shelter staff in:
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new text begin (i) the provision of person-centered and trauma-informed services;
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new text begin (ii) conflict resolution, de-escalation, and harm reduction techniques;
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new text begin (iii) cultural awareness and responsiveness; and
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new text begin (iv) crisis response;
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new text begin (4) develop model best practices for the provision of shelter and the delivery of shelter
services to shelter residents; and
new text end

new text begin (5) at the request of a Tribe, provide the services of the ombudsperson.
new text end

new text begin Subd. 6. new text end

new text begin Ombudsperson independent; administrative support. new text end

new text begin The ombudsperson
for shelter residents shall be an independent office within the Department of Human Services.
The Department of Human Services shall provide administrative support for the
ombudsperson.
new text end

new text begin Subd. 7. new text end

new text begin Advisory council; other advice. new text end

new text begin (a) The ombudsperson must establish and
convene, at least semiannually, an advisory council consisting of ten individuals with lived
experience of homelessness. The advisory council shall, among other things, advise the
ombudsperson on policy matters related to the provision of shelter, make recommendations
for the improvement of the shelter system in Minnesota, and perform other tasks of an
advisory nature as requested by the ombudsperson or as determined to be appropriate by
the council. The terms, compensation, and removal of members of the advisory council are
governed by section 15.059.
new text end

new text begin (b) The ombudsperson shall periodically consult with affected stakeholders, including
but not limited to residents, resident groups, shelter providers, resident advocates, state
agencies, local units of government, and other stakeholders identified by the ombudsperson.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3. new text begin APPROPRIATION; OMBUDSPERSON FOR SHELTER RESIDENTS.
new text end

new text begin $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general
fund to the commissioner of human services to establish and fund the ongoing operations
of the Office of the Ombudsperson for Shelter Residents under Minnesota Statutes, section
256K.70.
new text end