HF 2961

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 04:55pm

A bill for an act
relating to child protection; modifying foster care licensing requirements for Tribal
licensees; expanding council membership; adding required county performance
on child protection measures; modifying Indian child welfare primary support
grants; modifying Indian Child Welfare Act compliance system review
requirements; requiring the commissioner of human services to develop and
maintain an Indian child welfare compliance tracking database; requiring a report;
appropriating money; amending Minnesota Statutes 2022, sections 245A.04, by
adding a subdivision; 256M.41, subdivision 4; 260.785, subdivision 1; 260.835,
subdivisions 1, 2; 477A.0126, subdivisions 6, 7.

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

Section 1.

Minnesota Statutes 2022, section 245A.04, is amended by adding a subdivision
to read:

new text begin Subd. 9b. new text end

new text begin Tribal child foster care licensing variances and reciprocity. new text end

new text begin (a) The
commissioner may grant a permanent variance to allow a family foster parent who has been
licensed by a Tribal licensing agency also to be licensed under this chapter and applicable
rules if the following conditions are met:
new text end

new text begin (1) the variance must be requested by the Tribal license holder on a form and in a manner
prescribed by the commissioner;
new text end

new text begin (2) the request for a variance includes documentation from the licensing Tribe of all
requirements for family foster care licensure by the Tribe; and
new text end

new text begin (3) the request for a variance includes proof of Tribal family foster care licensure or
attestation from the licensing Tribe that the applicant is licensed by the Tribe and not subject
to any licensing sanctions or disciplinary actions.
new text end

new text begin (b) The commissioner's decision to grant or deny a variance request is final and not
subject to appeal under the provisions of chapter 14.
new text end

new text begin (c) If the commissioner grants a permanent variance under paragraph (a), the licensing
Tribe must immediately inform the commissioner if the Tribe initiates any licensing action
against a license holder or receives information or a report of conditions or actions by the
license holder that affect the health and safety of children in the license holder's care. The
commissioner may revoke the permanent variance and take any appropriate licensing actions
under sections 245A.06 and 245A.07.
new text end

new text begin (d) The commissioner may enter into an agreement with a Tribe to allow for family
foster care licensing reciprocity. The commissioner may only enter into such an agreement
if the commissioner determines that all health and safety requirements under this chapter
and applicable rules are met under Tribal licensing requirements and licensing inspections.
If an applicant for family foster care licensure under this chapter holds a family foster care
license from a Tribe that has entered into an agreement with the commissioner, the
commissioner shall issue a family foster care license to the applicant. The licensing Tribe
must immediately inform the commissioner if the Tribe initiates any licensing action against
the license holder or receives information or a report of conditions or actions by the license
holder that affect the health and safety of children in the license holder's care. The
commissioner may revoke a license issued in accordance with this paragraph and take any
appropriate licensing actions under sections 245A.06 and 245A.07.
new text end

Sec. 2.

Minnesota Statutes 2022, section 256M.41, subdivision 4, is amended to read:

Subd. 4.

County performance on child protection measures.

The commissioner shall
set child protection measures and standards new text begin , which shall include measures and standards
addressing compliance with the federal Indian Child Welfare Act and the Minnesota Indian
Family Preservation Act new text end . The commissioner shall require an underperforming county to
demonstrate that the county designated sufficient funds and implemented a reasonable
strategy to improve child protection performance, including the provision of a performance
improvement plan and additional remedies identified by the commissioner. The commissioner
may redirect up to 20 percent of a county's funds under this section toward the performance
improvement plan. Sanctions under section 256M.20, subdivision 3, related to noncompliance
with federal performance standards also apply.

Sec. 3.

Minnesota Statutes 2022, section 260.785, subdivision 1, is amended to read:

Subdivision 1.

Primary support grants.

The commissioner shall establish direct grants
to Indian Tribes, Indian organizations, and Tribal social services agency programs located
off-reservation that serve Indian children and their families to provide primary support for
Indian child welfare programs to implement new text begin and increase compliance with new text end the Indian Family
Preservation Act new text begin , and to provide behavioral health services to Indian families new text end .

Sec. 4.

Minnesota Statutes 2022, section 260.835, subdivision 1, is amended to read:

Subdivision 1.

Creation.

The commissioner shall appoint an American Indian new text begin Child
Welfare new text end Advisory Council to help formulate policies and procedures relating to Indian child
welfare services and to make recommendations regarding approval of grants provided under
section 260.785, subdivisions 1, 2, and 3. The council shall consist of deleted text begin 17 deleted text end new text begin 20 new text end members
appointed by the commissioner and must include representatives of each of the 11 Minnesota
reservations who are authorized by Tribal resolution, one representative from the Duluth
Urban Indian Community, three representatives from the Minneapolis Urban Indian
Community, deleted text begin and deleted text end two representatives from the St. Paul Urban Indian Community new text begin , and three
representatives from other urban Indian communities outside of the seven-county
metropolitan area new text end . Representatives from the urban Indian communities must be selected
through an open appointments process under section 15.0597. The terms, compensation,
and removal of American Indian Child Welfare Advisory Council members shall be as
provided in section 15.059.

Sec. 5.

Minnesota Statutes 2022, section 260.835, subdivision 2, is amended to read:

Subd. 2.

Expiration.

deleted text begin The American Indian Child Welfare Advisory Council expires
June 30, 2023. deleted text end new text begin This section does not expire.
new text end

Sec. 6.

Minnesota Statutes 2022, section 477A.0126, subdivision 6, is amended to read:

Subd. 6.

Indian Child Welfare Act compliance system review.

(a) By January 1, 2018,
the commissioner of human services, in consultation with counties and Tribes new text begin and the
American Indian Child Welfare Advisory Council new text end , shall develop a system to review county
compliance with the Indian Child Welfare Act and the Minnesota Indian Family Preservation
Act. The system deleted text begin may deleted text end new text begin must new text end include, but is not limited to, the cases to be reviewed, the criteria
to be reviewed to demonstrate compliance, the rate of noncompliance and the coordinating
penalty, the program improvement plan, and training.

(b) The commissioner of human services new text begin , in partnership with the American Indian Child
Welfare Advisory Council, new text end shall provide continuous review of cases reported by counties
for aid payments under this section for compliance with the Indian Child Welfare Act and
the Minnesota Indian Family Preservation Act. new text begin The commissioner shall review 50 percent
of cases reported by each county for aid payments under this section each year for compliance
with the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
new text end

new text begin (c) By June 30, 2024, each county reporting cases for aid payments under this section
must also submit a randomized sample of ten percent of all child protection cases in the
county from July 1, 2023, to June 30, 2024, and the commissioner shall review those cases
for compliance with the Indian Child Welfare Act and the Minnesota Indian Family
Preservation Act.
new text end

new text begin (d) If the commissioner's case review shows noncompliance with any required component
of the Indian Child Welfare Act or the Minnesota Indian Family Preservation Act in a
specific case, the county shall cooperate with the commissioner and the American Indian
Child Welfare Advisory Council to assess the reasons for noncompliance in that case and
remedy any identified factors in the county's noncompliance, as part of the county's program
improvement plan.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end The determination made by the commissioner of human services regarding a
county's compliance or noncompliance with the Indian Child Welfare Act and the Minnesota
Indian Family Preservation Act shall be final.

Sec. 7.

Minnesota Statutes 2022, section 477A.0126, subdivision 7, is amended to read:

Subd. 7.

Appropriation.

(a) $5,000,000 is annually appropriated to the commissioner
of revenue from the general fund to pay aid and make transfers required under this section.

(b) deleted text begin $390,000 deleted text end new text begin $....... new text end is appropriated annually from the general fund to the commissioner
of human services to implement subdivision 6.

Sec. 8. new text begin APPROPRIATION; CHILD PROTECTION CASE REVIEW.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
human services for the case review activities required under Minnesota Statutes, section
477A.0126, subdivision 6, paragraph (c). This is a onetime appropriation.
new text end

Sec. 9. new text begin APPROPRIATION; INDIAN CHILD WELFARE COMPLIANCE
DATABASE.
new text end

new text begin (a) $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the
general fund to the commissioner of human services to develop and maintain a centralized
database to continuously monitor county compliance with the requirements of the federal
Indian Child Welfare Act and the Minnesota Indian Family Preservation Act under Minnesota
Statutes, sections 260.751 to 260.835. The commissioner shall collect data on inquiries
about Indian lineage, identification of Indian children involved in family assessments or
investigations, notice provided to Tribes, efforts to prevent out-of-home placement of Indian
children, findings regarding active efforts provided, and permanency outcomes in child in
need of protection or services cases involving Indian children.
new text end

new text begin (b) By January 15 of each year, beginning January 15, 2024, the commissioner of human
services shall report to the chairs and ranking minority members of the legislative committees
with jurisdiction over child protection with summary data from the Indian child welfare
compliance database. The report may include recommendations for statutory or policy
changes to improve compliance with the federal Indian Child Welfare Act and the Minnesota
Indian Family Preservation Act under Minnesota Statutes, sections 260.751 to 260.835, and
improve outcomes for Indian children and their families.
new text end

Sec. 10. new text begin APPROPRIATION; INDIAN CHILD WELFARE PRIMARY SUPPORT
GRANTS.
new text end

new text begin $9,000,000 in fiscal year 2024 and $9,000,000 in fiscal year 2025 are appropriated from
the general fund to the commissioner of human services for Indian child welfare primary
support grants under Minnesota Statutes, section 260.785.
new text end