Minnesota Legislature
HF 3646
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 08:40am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/12/2024 | |
| 1st Engrossment | Posted on 02/22/2024 | |
| 2nd Engrossment | Posted on 03/04/2024 |
Current Version - 2nd Engrossment
2.18 2.19
2.20 2.21 2.22 2.23 2.24 2.25
2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24
9.25 9.26 9.27 9.28 9.29 9.30 9.31 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12
10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22
10.23 10.24 10.25 10.26 10.27 10.28
11.1 11.2 11.3 11.4 11.5 11.6 11.7
11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28
13.29 13.30 13.31 13.32 14.1 14.2
14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10
14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21
14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31
15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15
15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 16.1 16.2 16.3 16.4 16.5
16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23
16.24 16.25 16.26 16.27 16.28
16.29 16.30 16.31 16.32 17.1 17.2 17.3
17.4 17.5 17.6 17.7 17.8 17.9 17.10
17.11 17.12 17.13 17.14 17.15
17.16 17.17 17.18 17.19 17.20
17.21 17.22 17.23 17.24 17.25
17.26 17.27 17.28 17.29 17.30
18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10
18.11 18.12 18.13 18.14 18.15 18.16
18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28
18.29 18.30 18.31 18.32 19.1 19.2 19.3 19.4
19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13
19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24
19.25 19.26 19.27 19.28 19.29 19.30 19.31 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19
20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26
22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17
23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24
24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14
25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31
26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14
29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25
29.26 29.27 29.28 29.29 29.30
30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17
33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 37.36 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2
41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28
50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15
52.16 52.17 52.18 52.19 52.20
52.21 52.22 52.23 52.24 52.25 52.26
52.27 52.28 52.29 52.30 52.31 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21
53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12
54.13 54.14 54.15 54.16 54.17 54.18 54.19
54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27
54.28 54.29 54.30 54.31 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12
62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 64.1 64.2 64.3 64.4 64.5 64.6 64.7
64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18
64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 66.1 66.2 66.3 66.4 66.5
66.6 66.7 66.8 66.9 66.10
66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24
66.25 66.26 66.27 66.28 66.29 66.30 67.1 67.2 67.3 67.4 67.5
67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16
67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 68.1 68.2 68.3 68.4 68.5 68.6 68.7
68.8 68.9 68.10 68.11 68.12 68.13
68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 69.1 69.2 69.3 69.4 69.5 69.6 69.7
69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 70.1 70.2 70.3 70.4 70.5
70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31
71.1 71.2 71.3 71.4 71.5 71.6
71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14
71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12
72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30
73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16
73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32
74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10
74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23
77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26
78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32
81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27
81.28 81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14
82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32
83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9
83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25
83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 84.1 84.2 84.3 84.4 84.5 84.6 84.7
84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21
84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14
85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 86.35 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12
87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21
87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29
88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32
90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12
90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22
90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12
92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23
92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32
93.1 93.2 93.3
93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27
94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23
94.24 94.25 94.26 94.27 94.28
94.29 94.30 94.31 95.1 95.2
95.3 95.4 95.5
95.6 95.7 95.8 95.9 95.10 95.11 95.12
95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21
95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 96.1 96.2 96.3 96.4
96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 96.33 96.34 96.35 96.36 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27
97.28 97.29 97.30
98.1 98.2
98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17
101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21
104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10
106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20
110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33
124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11
126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.14 127.13 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 127.35 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24
128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 130.1 130.2
130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12
132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 134.35 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 137.34 137.35 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26
139.27 139.28 139.29 139.30 139.31 139.32 139.33 140.1 140.2 140.3 140.4 140.5 140.6 140.7
140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 144.1 144.2 144.3 144.4 144.5 144.6
144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24
144.25 144.26 144.27 144.28
144.29 144.30 144.31 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21
145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28
148.29 148.30 148.31 148.32 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12
149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13
150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14
151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 152.34 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13
154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15
158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26
158.27 158.28 158.29 158.30 158.31
159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17
160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21
161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 162.1 162.2
162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 163.1 163.2 163.3 163.4 163.5
163.6 163.7 163.8
163.9 163.10 163.11 163.12 163.13
163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23
164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 165.1 165.2 165.3 165.4
165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15
166.16 166.17 166.18 166.19 166.20
166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30
167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14
170.15 170.16 170.17 170.18 170.19 170.20 170.21
170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 173.34
174.1 174.2 174.3 174.4
174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14
175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 177.33 178.1 178.2 178.3 178.4 178.5 178.6 178.7
178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 179.1 179.2 179.3 179.4
179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14
179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27
180.28 180.29 180.30 180.31 180.32 180.33 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32
182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 183.34 183.35 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 185.1 185.2
185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13
187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13
188.14 188.15 188.16 188.17 188.18 188.19 188.20
188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20
189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16
190.17 190.18 190.19 190.20 190.22 190.21 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 191.34 191.35 191.36 191.37 191.38 191.39 191.40 191.41 191.42 191.43 191.44 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 192.33 192.34 192.35 192.36 192.37 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 193.34 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28
194.29 194.30 194.31 194.32 194.33 195.1 195.2 195.3 195.4 195.5 195.6 195.7
195.8 195.9 195.10 195.11 195.12 195.13
195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21
196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 197.33 197.34 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10
198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30
199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14
199.15 199.16 199.17 199.18 199.19 199.20 199.21
199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 200.1 200.2 200.3 200.4 200.5
200.6 200.7 200.8 200.9 200.10
200.11 200.12 200.13 200.14
200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24
200.25 200.26 200.27 200.28 200.29
201.1 201.2 201.3 201.4 201.5 201.6 201.7
201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10
203.11 203.12 203.13 203.14 203.15 203.16 203.17
203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27
203.28 203.29 203.30 203.31 204.1 204.2 204.3 204.4
204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28
204.29 204.30 204.31 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29
206.30 206.31 206.32 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30
208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27
208.28 208.29 208.30 208.31 208.32 209.1 209.2 209.3 209.4 209.5 209.6 209.7
209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 209.34 209.35 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 210.35 210.36 211.1 211.2
211.3 211.4 211.5 211.6
211.7 211.8
211.9 211.10 211.11
211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20
211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12
212.13 212.14
212.15 212.16
212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 212.31 213.1 213.2
213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22
213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 214.33 215.1 215.2 215.3 215.4 215.5 215.6
215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18
215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10
216.11 216.12 216.13 216.14 216.15 216.16 216.17
216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27
217.1 217.2 217.3 217.4 217.5
217.6 217.7 217.8 217.9 217.10
217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14
218.15 218.16 218.17 218.18 218.19 218.20 218.21
218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 219.34 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26
220.27 220.28 220.29 220.30
221.1 221.2 221.3 221.4 221.5
221.6 221.7 221.8 221.9 221.10
221.11 221.12 221.13 221.14
221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28
221.29 221.30 221.31 222.1 222.2 222.3 222.4 222.5 222.6
222.7 222.8 222.9 222.10 222.11
222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26
223.27 223.28 223.29 223.30 223.31 223.32 223.33 224.1 224.2 224.3 224.4 224.5 224.6 224.7
224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 224.32 225.1 225.2 225.3 225.4
225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9
226.10 226.11 226.12 226.13 226.14
226.15 226.16 226.17 226.18 226.19
226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 227.31 227.32
228.1 228.2
228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12
228.13 228.14 228.15 228.16 228.17 228.18 228.19
228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 228.32 229.1 229.2 229.3 229.4 229.5 229.6
229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26
229.27 229.28 229.29 229.30 230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8
230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21
230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 231.32 231.33 231.34 231.35
232.1 232.2
232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11
232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32
233.1 233.2 233.3 233.4 233.5 233.6 233.7
233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25
233.26 233.27
233.28 233.29 233.30 233.31 233.32 233.33 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8
234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22
234.23 234.24 234.25 234.26
234.27 234.28 234.29 234.30 234.31 234.32 235.1 235.2 235.3
235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24
235.25 235.26 235.27 235.28 235.29 235.30 235.31 236.1 236.2 236.3 236.4
236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26
236.27 236.28 236.29 236.30 236.31 236.32 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10
237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 237.32 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17
238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30
238.31 238.32 238.33 239.1 239.2 239.3 239.4 239.5 239.6
239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 239.33 239.34 239.35 239.36 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32 240.33 240.34 240.35 240.36 240.37 241.1 241.2 241.3 241.4
241.5 241.6 241.7
241.8 241.9
241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 242.1 242.2 242.3 242.4 242.5 242.6 242.7
242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 242.32 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 243.32 243.33 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27
247.28 247.29 247.30 247.31 247.32 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24
248.25 248.26 248.27 248.28 248.29 248.30 248.31 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 249.33 249.34 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 250.31 250.32 250.33 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 251.31 251.32 251.33 251.34 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22
252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 252.32 252.33 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 255.1 255.2 255.3 255.4
255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24
255.25 255.26 255.27 255.28 255.29 255.30 255.31 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20
256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 256.32 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24
257.25 257.26 257.27 257.28 257.29 257.30 257.31 258.1 258.2 258.3
258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13
258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 260.1 260.2 260.3
260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 261.1 261.2 261.3
261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 262.1 262.2 262.3
262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18
262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 263.1 263.2 263.3
263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24
263.25 263.26 263.27 263.28 263.29 263.30 263.31 263.32 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30 264.31 264.32
265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10
265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24
265.25 265.26 265.27 265.28 265.29 265.30 265.31 265.32 265.33 266.1 266.2 266.3
266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12
266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20
266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 266.33 267.1 267.2 267.3
267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27 267.28 267.29 267.30 267.31 267.32 267.33 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 268.33 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 269.32 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20
270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 270.29 270.30 270.31 270.32 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 271.32 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 272.31 272.32 272.33 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32 273.33 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28
274.29 274.30 274.31 274.32 274.33
275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12
277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 277.31 277.32 278.1 278.2 278.3
278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18
278.19 278.20 278.21 278.22
278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 279.1 279.2 279.3 279.4 279.5 279.6
279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20
279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 279.32 280.1 280.2 280.3 280.4 280.5 280.6 280.7
280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31 280.32 280.33
281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 282.1 282.2 282.3 282.4 282.5 282.6 282.7
282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16
282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 283.1 283.2 283.3 283.4
283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24
283.25 283.26 283.27 283.28 283.29 283.30 283.31 283.32 284.1 284.2 284.3 284.4 284.5 284.6
284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22
284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 284.32 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10
285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 286.1 286.2 286.3 286.4 286.5 286.6 286.7
286.8 286.9 286.10 286.11 286.12 286.13
286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 286.32 286.33 287.1 287.2 287.3 287.4 287.5 287.6 287.7
287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28
287.29 287.30 287.31 287.32 287.33 288.1 288.2 288.3 288.4 288.5 288.6 288.7
288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12
289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 290.33 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23
291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 291.33 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21
292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 292.31 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24
293.25 293.26 293.27 293.28 293.29 293.30 293.31 293.32 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26
294.27 294.28 294.29 294.30 294.31 294.32 294.33 294.34 294.35 295.1 295.2 295.3 295.4 295.5 295.6
295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23
295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 295.33 295.34 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16
296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24
296.25 296.26 296.27 296.28 296.29 296.30 296.31
297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 297.33 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 298.32 298.33 298.34 299.1 299.2
299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11
299.12 299.13 299.14 299.15
299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32 300.33
301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19
301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31 301.32 302.1 302.2
302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25 302.26 302.27 302.28 302.29 303.1 303.2 303.3 303.4 303.5 303.6 303.7 303.8 303.9 303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27 303.28 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22
304.23 304.24 304.25 304.26 304.27 304.28 304.29 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9
306.10 306.11 306.12 306.13 306.14 306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 306.29 306.30 306.31 306.32 307.1 307.2 307.3 307.4
307.5 307.6 307.7 307.8 307.9 307.10 307.11
307.12 307.13 307.14 307.15 307.16 307.17 307.18 307.19
307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30
308.1 308.2 308.3 308.4 308.5 308.6 308.7 308.8 308.9 308.10 308.11
308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23
308.24 308.25
308.26 308.27 308.28 308.29 308.30 308.31 309.1 309.2 309.3 309.4 309.5 309.6 309.7
A bill for an act
relating to children, youth, and families; creating the statutory infrastructure for
the new Department of Children, Youth, and Families; moving and copying statutes;
amending Minnesota Statutes 2022, sections 13.46, subdivisions 1, 3; 116L.665,
subdivision 2; 116L.86, subdivisions 1, 3; 119A.5411; 119B.03, subdivision 8;
119B.09, subdivision 12; 119B.24; 124D.13, subdivisions 2, 3, 4; 124D.135,
subdivisions 1, 3, by adding a subdivision; 124D.142, subdivision 1; 124D.15,
subdivision 3a; 124D.151, subdivision 7, by adding a subdivision; 124D.16, by
adding a subdivision; 124D.165, subdivision 1; 125A.02, subdivisions 1a, 2;
125A.28; 125A.35, subdivision 1; 125A.45; 125A.48; 125A.76, by adding a
subdivision; 144.225, subdivision 2b; 245.814, subdivision 5; 245A.02, subdivision
6e; 245A.03, subdivisions 1, 4; 245A.035, subdivision 4; 245A.04, subdivision 9;
245A.08, subdivision 2a; 245A.09, subdivision 7; 245A.10, subdivisions 1, 2;
245A.14, subdivisions 1, 14; 245A.1443, subdivision 2; 245A.1444; 245A.146,
subdivisions 1, 2, 5, 6; 245A.147, subdivision 1; 245A.156, subdivisions 1, 2;
245A.16, subdivisions 3, 5; 245A.18, subdivision 1; 245A.25, subdivisions 1, 6,
8; 245A.66, subdivision 1; 245C.03, by adding a subdivision; 245C.08, subdivision
3; 245C.22, by adding a subdivision; 245C.25; 256.01, subdivisions 1, 2, 4, 5, 12,
16, 18, 18a, 34; 256.012, subdivision 2, by adding a subdivision; 256.016; 256.017,
subdivisions 1, 2, 3, 5, 7; 256.018; 256.019, subdivisions 1, 2; 256.029; 256.045,
subdivisions 3b, 4, 6, 10; 256.0451, subdivisions 1, 2; 256.046, subdivision 2;
256.741, subdivisions 1, 2, 12a; 256.82; 256.87, subdivisions 1, 1a, 5; 256.981;
256.982; 256.983, as amended; 256.9831, subdivision 1; 256.986; 256.9861;
256.987, subdivision 1; 256.998, subdivision 7; 256D.64, subdivisions 1, 3;
256E.21, subdivision 1; 256E.22, subdivision 7; 256E.24; 256E.25, subdivisions
5, 6, 7; 256E.26; 256E.27; 256J.01, subdivision 2; 256J.021; 256J.08, subdivision
32; 256J.09, by adding a subdivision; 256J.351; 256J.395, subdivision 1; 256J.425,
subdivision 8; 256J.645, subdivision 1; 256P.04, subdivision 13; 260.92,
subdivision 1; 260C.178, subdivision 1; 260C.201, subdivision 1; 260C.215,
subdivision 5; 260C.301, subdivision 1; 260D.02, subdivisions 5, 9; 260E.02,
subdivision 2; 260E.03, subdivision 23; 260E.14, subdivision 1; 260E.20,
subdivisions 3, 5; 260E.24, subdivision 5; 260E.28, subdivisions 1, 3; 260E.29,
subdivision 2; 260E.30, subdivisions 3, 6; 260E.32, subdivision 3; 260E.33,
subdivisions 2, 3, 5; 260E.34; 260E.35, subdivision 3; 260E.36, subdivision 4;
299A.72; 393.07, subdivisions 1, 2, 3, 4, 5, 7, 8, 10; 393.11, subdivision 2; 518A.26,
by adding a subdivision; 518A.60; 631.40, subdivision 3; Minnesota Statutes 2023
Supplement, sections 13.46, subdivisions 2, 4; 119B.125, subdivisions 1a, 2, 3;
121A.19; 124D.142, subdivision 2; 124D.151, subdivision 5; 125A.02, subdivision
1; 142A.02, subdivision 1; 142A.03, subdivision 2, by adding subdivisions;
144.225, subdivision 2; 245A.02, subdivision 5a; 245A.03, subdivisions 2, 7;
245A.04, subdivisions 4, 7; 245A.041, subdivision 6; 245A.05; 245A.07,
subdivisions 1, 3; 245A.10, subdivisions 3, 4; 245A.13, subdivision 7; 245A.1435;
245A.16, subdivision 1; 245A.66, subdivision 4; 245C.02, subdivision 22; 245C.03,
subdivision 1; 245H.05; 256.045, subdivision 3; 256.046, subdivision 1; 256.0471,
subdivision 1; 256.98, subdivision 8; 256D.65, subdivision 1; 256J.35; 256J.37,
subdivision 3a; 256J.40; 260C.317, subdivision 3; 260E.02, subdivision 1;
609A.015, subdivisions 1, 2, 3; 609A.06, subdivisions 7, 12; Laws 2017, First
Special Session chapter 5, article 8, section 9, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 142A; proposing coding for
new law as Minnesota Statutes, chapters 142B; 142C; repealing Minnesota Statutes
2022, sections 245A.04, subdivision 17; 245A.09, subdivision 10; 245H.12; 256.01,
subdivision 30; 256.741, subdivision 3; 256.9831, subdivisions 2, 3; 256J.01,
subdivision 5; 256J.78, subdivision 3; Minnesota Statutes 2023 Supplement, section
245A.18, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHAPTER 142A; DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES
Section 1.
Minnesota Statutes 2023 Supplement, section 142A.02, subdivision 1, is
amended to read:
Subdivision 1.
Department.
The Department of Children, Youth, and Families is
established.new text begin The commissioner of children, youth, and families is hereby constituted the
"state agency" for the purposes of Title IV of the Social Security Act of the United States
and the laws of this state.
new text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 142A.03, subdivision 2, is amended
to read:
Subd. 2.
Duties of the commissioner.
(a) The commissioner may apply for and accept
on behalf of the state any grants, bequests, gifts, or contributions for the purpose of carrying
out the duties and responsibilities of the commissioner. Any money received under this
paragraph is appropriated and dedicated for the purpose for which the money is granted.
The commissioner must biennially report to the chairs and ranking minority members of
relevant legislative committees and divisions by January 15 of each even-numbered year a
list of all grants and gifts received under this subdivision.
(b) Pursuant to law, the commissioner may apply for and receive money made available
from federal sources for the purpose of carrying out the duties and responsibilities of the
commissioner.
(c) The commissioner may make contracts with and grants to Tribal Nations, public and
private agencies, for-profit and nonprofit organizations, and individuals using appropriated
money.
(d) The commissioner must develop program objectives and performance measures for
evaluating progress toward achieving the objectives. The commissioner must identify the
objectives, performance measures, and current status of achieving the measures in a biennial
report to the chairs and ranking minority members of relevant legislative committees and
divisions. The report is due no later than January 15 each even-numbered year. The report
must include, when possible, the following objectives:
(1) centering and including the lived experiences of children and youth, including those
with disabilities and mental illness and their families, in all aspects of the department's work;
(2) increasing the effectiveness of the department's programs in addressing the needs of
children and youth facing racial, economic, or geographic inequities;
(3) increasing coordination and reducing inefficiencies among the department's programs
and the funding sources that support the programs;
(4) increasing the alignment and coordination of family access to child care and early
learning programs and improving systems of support for early childhood and learning
providers and services;
(5) improving the connection between the department's programs and the kindergarten
through grade 12 and higher education systems; and
(6) minimizing and streamlining the effort required of youth and families to receive
services to which the youth and families are entitled.
new text begin
(e) The commissioner shall administer and supervise the forms of public assistance and
other activities or services that are vested in the commissioner. Administration and
supervision of activities or services includes but is not limited to assuring timely and accurate
distribution of benefits, completeness of service, and quality program management. In
addition to administering and supervising activities vested by law in the department, the
commissioner has the authority to:
new text end
new text begin
(1) require county agency participation in training and technical assistance programs to
promote compliance with statutes, rules, federal laws, regulations, and policies governing
the programs and activities administered by the commissioner;
new text end
new text begin
(2) monitor, on an ongoing basis, the performance of county agencies in the operation
and administration of activities and programs; enforce compliance with statutes, rules,
federal laws, regulations, and policies governing welfare services; and promote excellence
of administration and program operation;
new text end
new text begin
(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;
new text end
new text begin
(4) require county agencies to make an adjustment to the public assistance benefits issued
to any individual consistent with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
new text end
new text begin
(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 142A.10;
new text end
new text begin
(6) make contracts with and grants to public and private agencies and organizations,
both for-profit and nonprofit, and individuals, using appropriated funds; and
new text end
new text begin
(7) enter into contractual agreements with federally recognized Indian Tribes with a
reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved
family assistance program or any other program under the supervision of the commissioner.
The commissioner shall consult with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be included, in order to avoid the
duplication of county and Tribal assistance program services. The commissioner may
establish necessary accounts for the purposes of receiving and disbursing funds as necessary
for the operation of the programs.
new text end
new text begin
The commissioner shall work in conjunction with the commissioner of human services to
carry out the duties of this paragraph when necessary and feasible.
new text end
new text begin
(f) The commissioner shall inform county agencies, on a timely basis, of changes in
statute, rule, federal law, regulation, and policy necessary to county agency administration
of the programs and activities administered by the commissioner.
new text end
new text begin
(g) The commissioner shall administer and supervise child welfare activities, including
promoting the enforcement of laws preventing child maltreatment and protecting children
with a disability and children who are in need of protection or services, licensing and
supervising child care and child-placing agencies, and supervising the care of children in
foster care. The commissioner shall coordinate with the commissioner of human services
on activities impacting children overseen by the Department of Human Services, such as
disability services, behavioral health, and substance use disorder treatment.
new text end
new text begin
(h) The commissioner shall assist and cooperate with local, state, and federal departments,
agencies, and institutions.
new text end
new text begin
(i) The commissioner shall establish and maintain any administrative units reasonably
necessary for the performance of administrative functions common to all divisions of the
department.
new text end
new text begin
(j) The commissioner shall act as designated guardian of children pursuant to chapter
260C. For children under the guardianship of the commissioner or a Tribe in Minnesota
recognized by the Secretary of the Interior whose interests would be best served by adoptive
placement, the commissioner may contract with a licensed child-placing agency or a
Minnesota Tribal social services agency to provide adoption services. A contract with a
licensed child-placing agency must be designed to supplement existing county efforts and
may not replace existing county programs or Tribal social services, unless the replacement
is agreed to by the county board and the appropriate exclusive bargaining representative,
Tribal governing body, or the commissioner has evidence that child placements of the county
continue to be substantially below that of other counties. Funds encumbered and obligated
under an agreement for a specific child shall remain available until the terms of the agreement
are fulfilled or the agreement is terminated.
new text end
new text begin
(k) The commissioner has the authority to conduct and administer experimental projects
to test methods and procedures of administering assistance and services to recipients or
potential recipients of public benefits. To carry out the experimental projects, the
commissioner may waive the enforcement of existing specific statutory program
requirements, rules, and standards in one or more counties. The order establishing the waiver
must provide alternative methods and procedures of administration and must not conflict
with the basic purposes, coverage, or benefits provided by law. No project under this
paragraph shall exceed four years. No order establishing an experimental project as authorized
by this paragraph is effective until the following conditions have been met:
new text end
new text begin
(1) the United States Secretary of Health and Human Services has agreed, for the same
project, to waive state plan requirements relative to statewide uniformity; and
new text end
new text begin
(2) a comprehensive plan, including estimated project costs, has been approved by the
Legislative Advisory Commission and filed with the commissioner of administration.
new text end
new text begin
(l) The commissioner shall, according to federal requirements and in coordination with
the commissioner of human services, establish procedures to be followed by local welfare
boards in creating citizen advisory committees, including procedures for selection of
committee members.
new text end
new text begin
(m) The commissioner shall allocate federal fiscal disallowances or sanctions that are
based on quality control error rates for the aid to families with dependent children (AFDC)
program formerly codified in sections 256.72 to 256.87 or the Supplemental Nutrition
Assistance Program (SNAP) in the following manner:
new text end
new text begin
(1) one-half of the total amount of the disallowance shall be borne by the county boards
responsible for administering the programs. For AFDC, disallowances shall be shared by
each county board in the same proportion as that county's expenditures to the total of all
counties' expenditures for AFDC. For SNAP, sanctions shall be shared by each county
board, with 50 percent of the sanction being distributed to each county in the same proportion
as that county's administrative costs for SNAP benefits are to the total of all SNAP
administrative costs for all counties, and 50 percent of the sanctions being distributed to
each county in the same proportion as that county's value of SNAP benefits issued are to
the total of all benefits issued for all counties. Each county shall pay its share of the
disallowance to the state of Minnesota. When a county fails to pay the amount due under
this paragraph, the commissioner may deduct the amount from reimbursement otherwise
due the county, or the attorney general, upon the request of the commissioner, may institute
civil action to recover the amount due; and
new text end
new text begin
(2) notwithstanding the provisions of clause (1), if the disallowance results from knowing
noncompliance by one or more counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the commissioner may require
payment or recover from the county or counties, in the manner prescribed in clause (1), an
amount equal to the portion of the total disallowance that resulted from the noncompliance
and may distribute the balance of the disallowance according to clause (1).
new text end
new text begin
(n) The commissioner shall develop and implement special projects that maximize
reimbursements and result in the recovery of money to the state. For the purpose of recovering
state money, the commissioner may enter into contracts with third parties. Any recoveries
that result from projects or contracts entered into under this paragraph shall be deposited
in the state treasury and credited to a special account until the balance in the account reaches
$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
transferred and credited to the general fund. All money in the account is appropriated to the
commissioner for the purposes of this paragraph.
new text end
new text begin
(o) The commissioner has the authority to establish and enforce the following county
reporting requirements:
new text end
new text begin
(1) the commissioner shall establish fiscal and statistical reporting requirements necessary
to account for the expenditure of funds allocated to counties for programs administered by
the commissioner. When establishing financial and statistical reporting requirements, the
commissioner shall evaluate all reports, in consultation with the counties, to determine if
the reports can be simplified or the number of reports can be reduced;
new text end
new text begin
(2) the county board shall submit monthly or quarterly reports to the department as
required by the commissioner. Monthly reports are due no later than 15 working days after
the end of the month. Quarterly reports are due no later than 30 calendar days after the end
of the quarter, unless the commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss
of federal funding. Only reports that are complete, legible, and in the required format shall
be accepted by the commissioner;
new text end
new text begin
(3) if the required reports are not received by the deadlines established in clause (2), the
commissioner may delay payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the use of federal funds and the
late report results in a reduction in federal funding, the commissioner shall withhold from
the county boards with late reports an amount equal to the reduction in federal funding until
full federal funding is received;
new text end
new text begin
(4) a county board that submits reports that are late, illegible, incomplete, or not in the
required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner shall
notify the county board of the reason the county board is considered noncompliant and
request that the county board develop a corrective action plan stating how the county board
plans to correct the problem. The corrective action plan must be submitted to the
commissioner within 45 days after the date the county board received notice of
noncompliance;
new text end
new text begin
(5) the final deadline for fiscal reports or amendments to fiscal reports is one year after
the date the report was originally due. If the commissioner does not receive a report by the
final deadline, the county board forfeits the funding associated with the report for that
reporting period and the county board must repay any funds associated with the report
received for that reporting period;
new text end
new text begin
(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to enable the county to comply with
the requirements. If the county board disagrees with an action taken by the commissioner
under clause (3) or (5), the county board may appeal the action according to sections 14.57
to 14.69; and
new text end
new text begin
(7) counties subject to withholding of funds under clause (3) or forfeiture or repayment
of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover
costs incurred due to actions taken by the commissioner under clause (3) or (5).
new text end
new text begin
(p) The commissioner shall allocate federal fiscal disallowances or sanctions for audit
exceptions when federal fiscal disallowances or sanctions are based on a statewide random
sample in direct proportion to each county's claim for that period.
new text end
new text begin
(q) The commissioner is responsible for ensuring the detection, prevention, investigation,
and resolution of fraudulent activities or behavior by applicants, recipients, and other
participants in the programs administered by the department. The commissioner shall
cooperate with the commissioner of education to enforce the requirements for program
integrity and fraud prevention for investigation for child care assistance under chapter 142E.
new text end
new text begin
(r) The commissioner shall require county agencies to identify overpayments, establish
claims, and utilize all available and cost-beneficial methodologies to collect and recover
these overpayments in the programs administered by the department.
new text end
new text begin
(s) The commissioner shall develop recommended standards for child foster care homes
that address the components of specialized therapeutic services to be provided by child
foster care homes with those services.
new text end
new text begin
(t) The commissioner shall authorize the method of payment to or from the department
as part of the programs administered by the department. This authorization includes the
receipt or disbursement of funds held by the department in a fiduciary capacity as part of
the programs administered by the department.
new text end
new text begin
(u) In coordination with the commissioner of human services, the commissioner shall
create and provide county and Tribal agencies with blank applications, affidavits, and other
forms as necessary for public assistance programs.
new text end
new text begin
(v) The commissioner shall cooperate with the federal government and its public welfare
agencies in any reasonable manner as may be necessary to qualify for federal aid for
temporary assistance for needy families and in conformity with Title I of Public Law 104-193,
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and successor
amendments, including making reports that contain information required by the federal
Social Security Advisory Board and complying with any provisions the board may find
necessary to assure the correctness and verification of the reports.
new text end
new text begin
(w) On or before January 15 in each even-numbered year, the commissioner shall make
a biennial report to the governor concerning the activities of the agency.
new text end
new text begin
(x) The commissioner shall enter into agreements with other departments of the state as
necessary to meet all requirements of the federal government.
new text end
new text begin
(y) The commissioner may cooperate with other state agencies in establishing reciprocal
agreements in instances where a child receiving Minnesota family investment program
(MFIP) assistance or its out-of-state equivalent moves or contemplates moving into or out
of the state, in order that the child may continue to receive MFIP or equivalent aid from the
state moved from until the child has resided for one year in the state moved to.
new text end
new text begin
(z) The commissioner shall provide appropriate technical assistance to county agencies
to develop methods to have county financial workers remind and encourage recipients of
aid to families with dependent children, the Minnesota family investment program, the
Minnesota family investment plan, family general assistance, or SNAP benefits whose
assistance unit includes at least one child under the age of five to have each young child
immunized against childhood diseases. The commissioner must examine the feasibility of
utilizing the capacity of a statewide computer system to assist county agency financial
workers in performing this function at appropriate intervals.
new text end
new text begin
(aa) The commissioner shall have the power and authority to accept on behalf of the
state contributions and gifts for the use and benefit of children under the guardianship or
custody of the commissioner. The commissioner may also receive and accept on behalf of
such children money due and payable to them as old age and survivors insurance benefits,
veterans benefits, pensions, or other such monetary benefits. Gifts, contributions, pensions,
and benefits under this paragraph must be deposited in and disbursed from the social welfare
fund provided for in sections 256.88 to 256.92.
new text end
new text begin
(bb) The specific enumeration of powers and duties in this section must not be construed
to be a limitation upon the general powers granted to the commissioner.
new text end
Sec. 3.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Subpoena power. new text end
new text begin
(a) The commissioner may administer oaths and affirmations,
take depositions, certify to official acts, and issue subpoenas to compel the attendance of
individuals and the production of documents and other personal property necessary in
connection with the administration of programs administered by the Department of Children,
Youth, and Families.
new text end
new text begin
(b) The fees for service of a subpoena in paragraph (a) must be paid in the same manner
as prescribed by law for a service of process issued by a district court. Witnesses must
receive the same fees and mileage as in civil actions.
new text end
new text begin
(c) The subpoena in paragraph (a) shall be enforceable through the district court in the
district where the subpoena is issued.
new text end
new text begin
(d) A subpoena issued under this subdivision must state that the person to whom the
subpoena is directed may not disclose the fact that the subpoena was issued or the fact that
the requested records have been given to law enforcement personnel or agents of the
commissioner except:
new text end
new text begin
(1) insofar as the disclosure is necessary and agreed upon by the commissioner, to find
and disclose the records; or
new text end
new text begin
(2) pursuant to court order.
new text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 4. new text end
new text begin Advisory task forces. new text end
new text begin
The commissioner may appoint advisory task forces to
provide consultation on any of the programs under the commissioner's administration and
supervision. A task force shall expire and the compensation, terms of office and removal
of members shall be as provided in section 15.059. Notwithstanding section 15.059, the
commissioner may pay a per diem of $35 to consumers and family members whose
participation is needed in legislatively authorized state-level task forces, and whose
participation on the task force is not as a paid representative of any agency, organization,
or association.
new text end
Sec. 5.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 5. new text end
new text begin Centralized disbursement system. new text end
new text begin
The commissioner may establish a system
for the centralized disbursement of benefits administered by the commissioner as well as
any related documents. Benefits must be issued by the state or county subject to section
142A.10.
new text end
Sec. 6.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Contracting with financial institutions. new text end
new text begin
The state agency may contract with
banks or other financial institutions to provide services associated with the processing of
public assistance checks and may pay a service fee for these services, provided the fee
charged does not exceed the fee charged to other customers of the institution for similar
services.
new text end
Sec. 7.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 9. new text end
new text begin American Indian child welfare projects. new text end
new text begin
(a) The commissioner of children,
youth, and families may authorize projects to initiate Tribal delivery of child welfare services
to American Indian children and their parents and custodians living on the reservation. The
commissioner has authority to solicit and determine which Tribes may participate in a
project. Grants may be issued to Minnesota Indian Tribes to support the projects. The
commissioner may waive existing state rules as needed to accomplish the projects. The
commissioner may authorize projects to use alternative methods of (1) screening,
investigating, and assessing reports of child maltreatment, and (2) administrative
reconsideration, administrative appeal, and judicial appeal of maltreatment determinations,
provided the alternative methods used by the projects comply with the provisions of sections
142A.20 and 256.045 and chapter 260E that deal with the rights of individuals who are the
subjects of reports or investigations, including notice and appeal rights and data practices
requirements. The commissioner shall only authorize alternative methods that comply with
the public policy under section 260E.01. The commissioner may seek any federal approval
necessary to carry out the projects as well as seek and use any funds available to the
commissioner, including use of federal funds, foundation funds, existing grant funds, and
other funds. The commissioner is authorized to advance state funds as necessary to operate
the projects. Federal reimbursement applicable to the projects is appropriated to the
commissioner for the purposes of the projects. The projects must be required to address
responsibility for safety, permanency, and well-being of children.
new text end
new text begin
(b) For the purposes of this section, "American Indian child" means a person under 21
years old and who is a Tribal member or eligible for membership in one of the Tribes chosen
for a project under this subdivision and who is residing on the reservation of that Tribe.
new text end
new text begin
(c) In order to qualify for an American Indian child welfare project, a Tribe must:
new text end
new text begin
(1) be one of the existing Tribes with reservation land in Minnesota;
new text end
new text begin
(2) have a Tribal court with jurisdiction over child custody proceedings;
new text end
new text begin
(3) have a substantial number of children for whom determinations of maltreatment have
occurred;
new text end
new text begin
(4)(i) have capacity to respond to reports of abuse and neglect under chapter 260E; or
(ii) have codified the Tribe's screening, investigation, and assessment of reports of child
maltreatment procedures, if authorized to use an alternative method by the commissioner
under paragraph (a);
new text end
new text begin
(5) provide a wide range of services to families in need of child welfare services;
new text end
new text begin
(6) have a Tribal-state title IV-E agreement in effect; and
new text end
new text begin
(7) enter into host Tribal contracts pursuant to section 142A.07, subdivision 6.
new text end
new text begin
(d) Grants awarded under this section may be used for the nonfederal costs of providing
child welfare services to American Indian children on the Tribe's reservation, including
costs associated with:
new text end
new text begin
(1) assessment and prevention of child abuse and neglect;
new text end
new text begin
(2) family preservation;
new text end
new text begin
(3) facilitative, supportive, and reunification services;
new text end
new text begin
(4) out-of-home placement for children removed from the home for child protective
purposes; and
new text end
new text begin
(5) other activities and services approved by the commissioner that further the goals of
providing safety, permanency, and well-being of American Indian children.
new text end
new text begin
(e) When a Tribe has initiated a project and has been approved by the commissioner to
assume child welfare responsibilities for American Indian children of that Tribe under this
section, the affected county social service agency is relieved of responsibility for responding
to reports of abuse and neglect under chapter 260E for those children during the time within
which the Tribal project is in effect and funded. The commissioner shall work with Tribes
and affected counties to develop procedures for data collection, evaluation, and clarification
of ongoing role and financial responsibilities of the county and Tribe for child welfare
services prior to initiation of the project. Children who have not been identified by the Tribe
as participating in the project shall remain the responsibility of the county. Nothing in this
section shall alter responsibilities of the county for law enforcement or court services.
new text end
new text begin
(f) Participating Tribes may conduct children's mental health screenings under section
245.4874, subdivision 1, paragraph (a), clause (12), for children who are eligible for the
initiative and living on the reservation and who meet one of the following criteria:
new text end
new text begin
(1) the child must be receiving child protective services;
new text end
new text begin
(2) the child must be in foster care; or
new text end
new text begin
(3) the child's parents must have had parental rights suspended or terminated.
new text end
new text begin
Tribes may access reimbursement from available state funds for conducting the screenings.
Nothing in this section shall alter responsibilities of the county for providing services under
section 245.487.
new text end
new text begin
(g) Participating Tribes may establish a local child mortality review panel. In establishing
a local child mortality review panel, the Tribe agrees to conduct local child mortality reviews
for child deaths or near-fatalities occurring on the reservation under subdivision 7. Tribes
with established child mortality review panels shall have access to nonpublic data and shall
protect nonpublic data under subdivision 7, paragraphs (c) to (e). The Tribe shall provide
written notice to the commissioner and affected counties when a local child mortality review
panel has been established and shall provide data upon request of the commissioner for
purposes of sharing nonpublic data with members of the state child mortality review panel
in connection to an individual case.
new text end
new text begin
(h) The commissioner shall collect information on outcomes relating to child safety,
permanency, and well-being of American Indian children who are served in the projects.
Participating Tribes must provide information to the state in a format and completeness
deemed acceptable by the state to meet state and federal reporting requirements.
new text end
new text begin
(i) In consultation with the White Earth Band, the commissioner shall develop and submit
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services a plan to transfer legal responsibility for providing child
protective services to White Earth Band member children residing in Hennepin County to
the White Earth Band. The plan shall include a financing proposal, definitions of key terms,
statutory amendments required, and other provisions required to implement the plan.
new text end
Sec. 8.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 11. new text end
new text begin Information for persons with limited English-language proficiency. new text end
new text begin
The
commissioner shall implement a procedure for public assistance applicants and recipients
to identify a language preference other than English in order to receive information pertaining
to the public assistance programs in that preferred language.
new text end
Sec. 9.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 12. new text end
new text begin Appropriation transfers to be reported. new text end
new text begin
When the commissioner transfers
operational money between programs under section 16A.285, in addition to the requirements
of that section the commissioner must provide the chairs of the legislative committees that
have jurisdiction over the agency's budget with sufficient detail to identify the account to
which the money was originally appropriated, and the account to which the money is being
transferred.
new text end
Sec. 10.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 13. new text end
new text begin Immigration status verifications. new text end
new text begin
(a) Notwithstanding any waiver of this
requirement by the secretary of the United States Department of Health and Human Services,
the commissioner shall utilize the Systematic Alien Verification for Entitlements (SAVE)
program to conduct immigration status verifications:
new text end
new text begin
(1) as required under United States Code, title 8, section 1642; and
new text end
new text begin
(2) for all applicants for food assistance benefits, whether under the federal SNAP, the
MFIP or work first program, or the Minnesota food assistance program.
new text end
new text begin
(b) The commissioner shall comply with the reporting requirements under United States
Code, title 42, section 611a, and any federal regulation or guidance adopted under that law.
new text end
Sec. 11.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 14. new text end
new text begin Public Assistance Reporting Information System. new text end
new text begin
(a) The commissioner
shall comply with the federal requirements in Public Law 110-379 in implementing the
Public Assistance Reporting Information System (PARIS) to determine eligibility for all
individuals applying for public benefits under chapter 142E and the Supplemental Nutrition
Assistance Program.
new text end
new text begin
(b) The commissioner shall determine eligibility under paragraph (a) by performing data
matches, including matching with medical assistance, cash, child care, and supplemental
assistance programs operated by other states.
new text end
Sec. 12.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 15. new text end
new text begin Drug convictions. new text end
new text begin
(a) The state court administrator shall provide a report
every six months by electronic means to the commissioner of children, youth, and families,
including the name, address, date of birth, and, if available, driver's license or state
identification card number, date of the sentence, effective date of the sentence, and county
in which the conviction occurred, of each person convicted of a felony under chapter 152,
except for convictions under section 152.0263 or 152.0264, during the previous six months.
new text end
new text begin
(b) The commissioner shall determine whether the individuals who are the subject of
the data reported under paragraph (a) are receiving public assistance under chapter 142F or
142G, and if an individual is receiving assistance under chapter 142F or 142G, the
commissioner shall instruct the county to proceed under section 142G.18 or 256D.024,
whichever is applicable, for this individual.
new text end
new text begin
(c) The commissioner shall not retain any data received under paragraph (a) that does
not relate to an individual receiving publicly funded assistance under chapter 142G or 256D.
new text end
Sec. 13.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 16. new text end
new text begin
Data sharing with Department of Children, Youth, and Families; multiple
identification cards.
new text end
new text begin
(a) The commissioner of public safety shall, on a monthly basis,
provide the commissioner of children, youth, and families with the first, middle, and last
name, the address, date of birth, driver's license or state identification card number, and all
photographs or electronically produced images of all applicants and holders whose drivers'
licenses and state identification cards have been canceled under section 171.14, paragraph
(a), clause (2) or (3), by the commissioner of public safety. After the initial data report has
been provided by the commissioner of public safety to the commissioner of children, youth,
and families under this paragraph, subsequent reports shall only include cancellations that
occurred after the end date of the cancellations represented in the previous data report.
new text end
new text begin
(b) The commissioner of children, youth, and families shall compare the information
provided under paragraph (a) with the commissioner's data regarding recipients of all public
assistance programs managed by the Department of Children, Youth, and Families to
determine whether any individual with multiple identification cards issued by the Department
of Public Safety has illegally or improperly enrolled in any public assistance program
managed by the Department of Children, Youth, and Families.
new text end
new text begin
(c) If the commissioner of children, youth, and families determines that an applicant or
recipient has illegally or improperly enrolled in any public assistance program, the
commissioner shall provide all due process protections to the individual before terminating
the individual from the program according to applicable statute and notifying the county
attorney.
new text end
Sec. 14.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 17. new text end
new text begin
Data sharing with Department of Children, Youth, and Families; legal
presence date.
new text end
new text begin
(a) The commissioner of public safety shall, on a monthly basis, provide
the commissioner of children, youth, and families with the first, middle, and last name, and
address, date of birth, and driver's license or state identification card number of all applicants
and holders of drivers' licenses and state identification cards whose temporary legal presence
date has expired and as a result the driver's license or identification card has been accordingly
canceled under section 171.14 by the commissioner of public safety.
new text end
new text begin
(b) The commissioner of children, youth, and families shall use the information provided
under paragraph (a) to determine whether the eligibility of any recipients of public assistance
programs managed by the Department of Children, Youth, and Families has changed as a
result of the status change in the Department of Public Safety data.
new text end
new text begin
(c) If the commissioner of children, youth, and families determines that a recipient has
illegally or improperly received benefits from any public assistance program, the
commissioner shall provide all due process protections to the individual before terminating
the individual from the program according to applicable statute and notifying the county
attorney.
new text end
Sec. 15.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 18. new text end
new text begin Homeless services. new text end
new text begin
The commissioner of children, youth, and families may
contract directly with nonprofit organizations providing homeless services in two or more
counties.
new text end
Sec. 16.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 19. new text end
new text begin Nonstate funding for program costs. new text end
new text begin
Notwithstanding sections 16A.013 to
16A.016, the commissioner may accept, on behalf of the state, additional funding from
sources other than state funds for the purpose of financing the cost of assistance program
grants or nongrant administration. All additional funding is appropriated to the commissioner
for use as designated by the grantor of funding.
new text end
Sec. 17.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 20. new text end
new text begin Systems continuity. new text end
new text begin
In the event of disruption of technical systems or computer
operations, the commissioner may use available grant appropriations to ensure continuity
of payments for maintaining the health, safety, and well-being of clients served by programs
administered by the Department of Children, Youth, and Families. Grant funds must be
used in a manner consistent with the original intent of the appropriation.
new text end
Sec. 18.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 21. new text end
new text begin Federal administrative reimbursement dedicated. new text end
new text begin
Federal administrative
reimbursement resulting from the federal child support grant expenditures authorized under
United States Code, title 42, section 1315, is appropriated to the commissioner.
new text end
Sec. 19.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 23. new text end
new text begin DCYF receipt center accounting. new text end
new text begin
The commissioner may transfer
appropriations to, and account for DCYF receipt center operations in, the special revenue
fund.
new text end
Sec. 20.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 24. new text end
new text begin Nonfederal share transfers. new text end
new text begin
The nonfederal share of activities for which
federal administrative reimbursement is appropriated to the commissioner may be transferred
to the special revenue fund.
new text end
Sec. 21.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 25. new text end
new text begin Interview expenses. new text end
new text begin
Job applicants for professional, administrative, or highly
technical positions recruited by the commissioner may be reimbursed for necessary travel
expenses to and from interviews arranged by the commissioner.
new text end
Sec. 22.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 26. new text end
new text begin Changes to grant programs. new text end
new text begin
Prior to implementing any substantial changes
to a grant funding formula disbursed through allocations administered by the commissioner,
the commissioner must provide a report on the nature of the changes, the effect the changes
will have, whether any funding will change, and other relevant information, to the chairs
and ranking minority members of the legislative committees with jurisdiction over children,
youth, and families. The report must be provided prior to the start of a regular session, and
the proposed changes cannot be implemented until after the adjournment of that regular
session.
new text end
Sec. 23.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 27. new text end
new text begin Federal grants for Minnesota Indians. new text end
new text begin
The commissioner of children, youth,
and families is authorized to enter into contracts with the United States Departments of
Health and Human Services, Education, and Interior, and the Bureau of Indian Affairs, for
the purpose of receiving federal grants for the support of Minnesota's Indian communities.
new text end
Sec. 24.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 28. new text end
new text begin Reimbursement of counties for certain Indian benefits costs. new text end
new text begin
(a) The
commissioner, to the extent that state and federal money is available, shall reimburse any
county for all benefits costs expended by the county to any Indian who is an enrolled member
of the Red Lake Band of Chippewa and resides upon the Red Lake Indian Reservation. The
commissioner may advance payments to a county on an estimated basis subject to audit and
adjustment at the end of each state fiscal year. Reimbursements shall be prorated if the state
appropriation for this purpose is insufficient to provide full reimbursement.
new text end
new text begin
(b) The commissioner may promulgate rules for the carrying out of the provisions of
this subdivision and may negotiate for and accept grants from the United States government
for the purposes of this section.
new text end
Sec. 25.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 29. new text end
new text begin Rules on physical control of clients for facilities. new text end
new text begin
For any applicable facility
licensed or operated by the commissioner, the commissioner shall abide by and enforce the
nonrulemaking provisions of sections 245.825 and 245.8251 and any rules adopted by the
commissioner of human services pursuant to those sections. The commissioner shall
cooperate with the commissioner of human services in any data collection and reviews of
rules related to sections 245.825 and 245.8251.
new text end
Sec. 26.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 30. new text end
new text begin Court-awarded funds; disposition. new text end
new text begin
(a) The commissioner shall notify the
house of representatives Ways and Means and senate Finance Committees of the terms of
any contractual arrangement entered into by the commissioner and the attorney general,
pursuant to an order of any court of law that provides for the receipt of funds by the
commissioner.
new text end
new text begin
(b) Any funds recovered or received by the commissioner pursuant to an order of any
court of law shall be placed in the general fund.
new text end
Sec. 27.
Minnesota Statutes 2023 Supplement, section 142A.03, is amended by adding a
subdivision to read:
new text begin Subd. 31. new text end
new text begin Donated funds from private postsecondary institutions. new text end
new text begin
The commissioner
may accept, on behalf of the state, funds donated from private postsecondary institutions,
as the state's share in claiming federal Title IV-E reimbursement, to support the Child
Welfare State/University Partnership, consistent with Code of Federal Regulations, title 45,
chapter 235, section 235.66, Sources of State Funds, if the funds:
new text end
new text begin
(1) are transferred to the state and under the state's administrative control;
new text end
new text begin
(2) are donated with no restriction that the funds be used for the training of a particular
individual or at a particular facility or institution; and
new text end
new text begin
(3) do not revert to the donor's facility or use.
new text end
Sec. 28.
new text begin
[142A.06] ADMINISTRATION OF FEDERAL GRANTS-IN-AID.
new text end
new text begin Subdivision 1. new text end
new text begin Administration of grants-in-aid. new text end
new text begin
If, when and during such time as
grants-in-aid are provided by the federal government for relief of the poor and accepted by
this state, such aid shall be administered pursuant to and in accordance with rules promulgated
and adopted by the commissioner of children, youth, and families; and during such time
any provision of Minnesota Statutes 1945, chapter 261, as amended by Laws 1947, chapter
546, of Minnesota Statutes 1945, chapter 262, and of Minnesota Statutes 1945, chapter 263,
in conflict with such rules shall be and remain, to the extent of such conflict, inoperative
and suspended.
new text end
new text begin Subd. 2. new text end
new text begin Treatment of grants-in-aid. new text end
new text begin
Grants-in-aid received from the federal government
for any welfare, assistance or relief program or for administration under the jurisdiction of
the commissioner shall, in the first instance, be credited to a federal grant fund and shall be
transferred therefrom to the credit of the commissioner in the appropriate account upon
certification of the commissioner that the amounts so requested to be transferred have been
earned or are required for the purposes and programs intended. Moneys received by the
federal grant fund need not be budgeted as such, provided transfers from the fund are
budgeted for allotment purposes in the appropriate appropriations.
new text end
new text begin Subd. 3. new text end
new text begin Securing grants-in-aid. new text end
new text begin
The commissioner shall negotiate with the federal
government, or any agency, bureau, or department thereof, for the purpose of securing or
obtaining any grants or aids. Any grants or aids thus secured or received are appropriated
to the commissioner and made available for the uses and purposes for which they were
received but shall be used to reduce the direct appropriations provided by law unless federal
law prohibits such action or unless the commissioner obtains approval of the governor who
shall seek the advice of the Legislative Advisory Commission.
new text end
new text begin Subd. 4. new text end
new text begin Exclusion. new text end
new text begin
This section does not apply to federal grants or aids received from
the United States Department of Education.
new text end
Sec. 29.
new text begin
[142A.07] GRANTS AND PURCHASE OF SERVICE CONTRACTS.
new text end
new text begin Subdivision 1. new text end
new text begin Authority. new text end
new text begin
The local agency may purchase community social services
by grant or purchase of service contract from agencies or individuals approved as vendors.
new text end
new text begin Subd. 2. new text end
new text begin Duties of local agency. new text end
new text begin
The local agency must:
new text end
new text begin
(1) use a written grant or purchase of service contract when purchasing community social
services. Every grant and purchase of service contract must be completed, signed, and
approved by all parties to the agreement, including the county board, unless the county
board has designated the local agency to sign on its behalf. No service shall be provided
before the effective date of the grant or purchase of service contract;
new text end
new text begin
(2) determine a client's eligibility for purchased services, or delegate the responsibility
for making the preliminary determination to the approved vendor under the terms of the
grant or purchase of service contract;
new text end
new text begin
(3) ensure the development of an individual social service plan based on the client's
needs;
new text end
new text begin
(4) monitor purchased services and evaluate grants and contracts on the basis of client
outcomes; and
new text end
new text begin
(5) purchase only from approved vendors.
new text end
new text begin Subd. 3. new text end
new text begin Local agency criteria. new text end
new text begin
When the local agency chooses to purchase community
social services from a vendor that is not subject to state licensing laws or department rules,
the local agency must establish written criteria for vendor approval to ensure the health,
safety, and well being of clients.
new text end
new text begin Subd. 4. new text end
new text begin Case records and reporting requirements. new text end
new text begin
Case records and data reporting
requirements for grants and purchased services are the same as case record and data reporting
requirements for direct services.
new text end
new text begin Subd. 5. new text end
new text begin Files. new text end
new text begin
The local agency must keep an administrative file for each grant and
contract.
new text end
new text begin Subd. 6. new text end
new text begin
Contracting within and across county lines; lead county contracts; lead
Tribal contracts.
new text end
new text begin
(a) Paragraphs (b) to (f) govern contracting within and across county
lines and lead county contracts. Paragraphs (b) to (f) govern contracting within and across
reservation boundaries and lead Tribal contracts for initiative Tribes under section 142A.03,
subdivision 9. For purposes of this subdivision, "local agency" includes a Tribe or a county
agency.
new text end
new text begin
(b) Once a local agency and an approved vendor execute a contract that meets the
requirements of this subdivision, the contract governs all other purchases of service from
the vendor by all other local agencies for the term of the contract. The local agency that
negotiated and entered into the contract becomes the lead Tribe or county for the contract.
new text end
new text begin
(c) When the local agency in the county or reservation where a vendor is located wants
to purchase services from that vendor and the vendor has no contract with the local agency
or any other Tribe or county, the local agency must negotiate and execute a contract with
the vendor.
new text end
new text begin
(d) When a local agency wants to purchase services from a vendor located in another
county or reservation, it must notify the local agency in the county or reservation where the
vendor is located. Within 30 days of being notified, the local agency in the vendor's county
or reservation must:
new text end
new text begin
(1) if it has a contract with the vendor, send a copy to the inquiring local agency;
new text end
new text begin
(2) if there is a contract with the vendor for which another local agency is the lead Tribe
or county, identify the lead Tribe or county to the inquiring agency; or
new text end
new text begin
(3) if no local agency has a contract with the vendor, inform the inquiring agency whether
it will negotiate a contract and become the lead Tribe or county. If the agency where the
vendor is located will not negotiate a contract with the vendor because of concerns related
to clients' health and safety, the agency must share those concerns with the inquiring local
agency.
new text end
new text begin
(e) If the local agency in the county where the vendor is located declines to negotiate a
contract with the vendor or fails to respond within 30 days of receiving the notification
under paragraph (d), the inquiring agency is authorized to negotiate a contract and must
notify the local agency that declined or failed to respond.
new text end
new text begin
(f) When the inquiring local agency under paragraph (e) becomes the lead Tribe or
county for a contract and the contract expires and needs to be renegotiated, that Tribe or
county must again follow the requirements under paragraph (d) and notify the local agency
where the vendor is located. The local agency where the vendor is located has the option
of becoming the lead Tribe or county for the new contract. If the local agency does not
exercise the option, paragraph (e) applies.
new text end
new text begin Subd. 7. new text end
new text begin Contracting for performance. new text end
new text begin
A local agency may negotiate a supplemental
agreement to a contract executed between a lead agency and an approved vendor under
subdivision 6 for the purposes of contracting for specific performance. The supplemental
agreement may augment the lead contract requirements and rates for services authorized
by that local agency only. The additional provisions must be negotiated with the vendor
and designed to encourage successful, timely, and cost-effective outcomes for clients, and
may establish incentive payments, penalties, performance-related reporting requirements,
and similar conditions. The per diem rate allowed under this subdivision must not be less
than the rate established in the lead county contract. Nothing in the supplemental agreement
between a local agency and an approved vendor binds the lead agency or other local agencies
to the terms and conditions of the supplemental agreement.
new text end
Sec. 30.
new text begin
[142A.08] PLAIN LANGUAGE IN WRITTEN MATERIALS.
new text end
new text begin
(a) To the extent reasonable and consistent with the goals of providing easily
understandable and readable materials and complying with federal and state laws governing
the programs, all written materials relating to services and determinations of eligibility for
or amounts of benefits that will be given to applicants for or recipients of assistance under
a program administered or supervised by the commissioner must be understandable to a
person who reads at the seventh-grade level, using the Flesch scale analysis readability
score as determined under section 72C.09.
new text end
new text begin
(b) All written materials relating to determinations of eligibility for or amounts of benefits
that will be given to applicants for or recipients of assistance under programs administered
or supervised by the commissioner must be developed to satisfy the plain language
requirements of the Plain Language Contract Act under sections 325G.29 to 325G.36.
Materials may be submitted to the attorney general for review and certification.
Notwithstanding section 325G.35, subdivision 1, the attorney general shall review submitted
materials to determine whether they comply with the requirements of section 325G.31. The
remedies available pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to these
materials. Failure to comply with this section does not provide a basis for suspending the
implementation or operation of other laws governing programs administered by the
commissioner.
new text end
new text begin
(c) The requirements of this section do not apply to materials that must be submitted to
a federal agency for approval, to the extent that application of the requirements prevents
federal approval.
new text end
new text begin
(d) Nothing in this section may be construed to prohibit a lawsuit brought to require the
commissioner to comply with this section or to affect individual appeal rights granted
pursuant to section 256.045.
new text end
Sec. 31.
new text begin
[142A.09] BACKGROUND STUDIES ON LICENSEES AND OTHER
PERSONNEL.
new text end
new text begin Subdivision 1. new text end
new text begin Background studies required. new text end
new text begin
The commissioner of children, youth,
and families shall contract with the commissioner of human services to conduct background
studies of individuals specified in section 245C.03, subdivision 1, affiliated with:
new text end
new text begin
(1) a facility or program licensed or seeking a license under chapter 142B;
new text end
new text begin
(2) a license-exempt child care center certified under chapter 142C; or
new text end
new text begin
(3) a legal nonlicensed child care provider authorized under chapter 142E.
new text end
new text begin Subd. 2. new text end
new text begin Responsibilities of commissioner of human services. new text end
new text begin
(a) The commissioner
of human services shall conduct the background studies required by subdivision 1 in
compliance with the provisions of chapter 245C. The commissioner of human services shall
provide necessary forms and instructions, shall conduct the necessary background studies
of individuals, and shall provide notification of the results of the studies to the facilities,
individuals, and the commissioner of children, youth, and families.
new text end
new text begin
(b) If the commissioner of human services determines that an individual is disqualified
pursuant to chapter 245C, the commissioner of human services shall notify the license
holder; the commissioner of children, youth, and families; and the individual and shall
inform the individual of the right to request a reconsideration of the disqualification.
new text end
new text begin Subd. 3. new text end
new text begin Reconsiderations. new text end
new text begin
(a) Notwithstanding any provision of chapter 245C, the
commissioner of children, youth, and families shall review and decide reconsideration
requests, including requests for variances, for all background studies of individuals in
subdivision 1, paragraph (a), except for facilities or programs that are also licensed by the
commissioner of human services. The commissioner of children, youth, and families must
review and decide reconsideration requests in accordance with the procedures and criteria
contained in chapter 245C.
new text end
new text begin
(b) The commissioner of human services is solely responsible for reviewing and deciding
a reconsideration request for a background study of an individual affiliated with a facility
or program licensed or certified by both the commissioner of children, youth, and families
and the commissioner of human services.
new text end
new text begin
(c) The commissioner of children, youth, and family's decision must be provided to the
individual and to the commissioner of human services. The commissioner's decision to grant
or deny a reconsideration of disqualification is the final administrative agency action, except
under the circumstances described in sections 245C.25, 245C.27, and 245C.28, subdivision
3.
new text end
new text begin Subd. 4. new text end
new text begin Responsibilities of facilities and programs. new text end
new text begin
Facilities and programs described
in subdivision 1 shall be responsible for cooperating with the departments in implementing
the provisions of this section. The responsibilities imposed on applicants, certification
holders, and licensees under chapters 245A and 245C shall apply to these facilities. The
provision of section 245C.09 shall apply to the refusal to cooperate with the completion of
the background studies by an applicant, a licensee, a registrant, or an individual.
new text end
Sec. 32.
new text begin
[142A.10] COMPLIANCE SYSTEM.
new text end
new text begin
(a) The commissioner shall coordinate with the commissioner of human services to
administer the compliance system in section 256.017.
new text end
new text begin
(b) The commissioner shall administer the compliance system for the Minnesota family
investment program, the Supplemental Nutrition Assistance Program (SNAP), the child
care assistance program, and all other programs administered by the commissioner or on
behalf of the commissioner under the powers and authorities named in section 142A.03,
subdivision 2.
new text end
new text begin
(c) The purpose of this section is to permit the commissioner to supervise the
administration of public assistance programs; to enforce timely and accurate distribution
of benefits, completeness of service, and efficient and effective program management and
operations; to increase uniformity and consistency in the administration and delivery of
public assistance programs throughout the state; and to reduce the possibility of sanctions
and fiscal disallowances for noncompliance with federal regulations and state statutes. The
commissioner, or the commissioner's representative, may issue administrative subpoenas
as needed in administering the compliance system.
new text end
new text begin
(d) The commissioner shall utilize training, technical assistance, and monitoring activities,
as specified in section 142A.03, subdivision 2, to encourage county agency compliance
with written policies and procedures.
new text end
new text begin
(e) The commissioner shall coordinate with the commissioner of human services in
funding and awarding grants from the county public assistance incentive fund under section
256.018.
new text end
Sec. 33.
new text begin
[142A.11] COUNTY PUBLIC ASSISTANCE INCENTIVE FUND.
new text end
new text begin
(a) The commissioner of children, youth, and families, in coordination with the
commissioner of human services, shall grant incentive awards of money specifically
appropriated for this purpose to counties that: (1) have not been assessed an administrative
penalty under section 256.017 in the corresponding fiscal year; and (2) perform satisfactorily
according to indicators established by the commissioner.
new text end
new text begin
(b) After consultation with county agencies, the commissioner shall inform county
agencies in writing of the performance indicators that govern the awarding of the incentive
fund for each fiscal year by April of the preceding fiscal year.
new text end
new text begin
(c) The commissioner may set performance indicators to govern the awarding of the
total fund, may allocate portions of the fund to be awarded by unique indicators, or may set
a sole indicator to govern the awarding of funds.
new text end
new text begin
(d) The funds shall be awarded to qualifying county agencies according to their share
of benefits for the programs related to the performance indicators governing the distribution
of the fund or part of the fund as compared to the total benefits of all qualifying county
agencies for the programs related to the performance indicators governing the distribution
of the fund or part of the fund.
new text end
Sec. 34.
new text begin
[142A.12] LIMITS ON RECEIVING PUBLIC FUNDS.
new text end
new text begin Subdivision 1. new text end
new text begin Prohibition. new text end
new text begin
(a) If a provider, vendor, or individual enrolled, licensed,
receiving funds under a grant contract, or registered in any program administered by the
commissioner, including under the commissioner's powers and authorities in section 142A.03,
is excluded from that program, the commissioner shall:
new text end
new text begin
(1) prohibit the excluded provider, vendor, or individual from enrolling, becoming
licensed, receiving grant funds, or registering in any other program administered by the
commissioner; and
new text end
new text begin
(2) disenroll, revoke or suspend a license, disqualify, or debar the excluded provider,
vendor, or individual in any other program administered by the commissioner.
new text end
new text begin
(b) If a provider, vendor, or individual enrolled, licensed, receiving funds under a grant
contract, or registered in any program administered by the commissioner, including under
the commissioner's powers and authorities in section 142A.03, is excluded from that program,
the commissioner may:
new text end
new text begin
(1) prohibit any associated entities or associated individuals from enrolling, becoming
licensed, receiving grant funds, or registering in any other program administered by the
commissioner; and
new text end
new text begin
(2) disenroll, revoke or suspend a license of, disqualify, or debar any associated entities
or associated individuals in any other program administered by the commissioner.
new text end
new text begin
(c) If a provider, vendor, or individual enrolled, licensed, or otherwise receiving funds
under any contract or registered in any program administered by a Minnesota state or federal
agency is excluded from that program, the commissioner of children, youth, and families
may:
new text end
new text begin
(1) prohibit the excluded provider, vendor, individual, or any associated entities or
associated individuals from enrolling, becoming licensed, receiving grant funds, or registering
in any program administered by the commissioner; and
new text end
new text begin
(2) disenroll, revoke or suspend a license of, disqualify, or debar the excluded provider,
vendor, individual, or any associated entities or associated individuals in any program
administered by the commissioner.
new text end
new text begin
(d) The duration of a prohibition, disenrollment, revocation, suspension, disqualification,
or debarment under paragraph (a) must last for the longest applicable sanction or
disqualifying period in effect for the provider, vendor, or individual permitted by state or
federal law. The duration of a prohibition, disenrollment, revocation, suspension,
disqualification, or debarment under paragraphs (b) and (c) may last until up to the longest
applicable sanction or disqualifying period in effect for the provider, vendor, individual,
associated entity, or associated individual as permitted by state or federal law.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following definitions have the
meanings given.
new text end
new text begin
(b) "Associated entity" means a provider or vendor owned or controlled by an excluded
individual.
new text end
new text begin
(c) "Associated individual" means an individual or entity that has a relationship with
the business or its owners or controlling individuals, such that the individual or entity would
have knowledge of the financial practices of the program in question.
new text end
new text begin
(d) "Excluded" means removed under other authorities from a program administered by
a Minnesota state or federal agency, including a final determination to stop payments.
new text end
new text begin
(e) "Individual" means a natural person providing products or services as a provider or
vendor.
new text end
new text begin
(f) "Provider" means any entity, individual, owner, controlling individual, license holder,
director, or managerial official of an entity receiving payment from a program administered
by a Minnesota state or federal agency.
new text end
new text begin Subd. 3. new text end
new text begin Notice. new text end
new text begin
Within five days of taking an action under subdivision (1), paragraph
(a), (b), or (c), against a provider, vendor, individual, associated individual, or associated
entity, the commissioner must send notice of the action to the provider, vendor, individual,
associated individual, or associated entity. The notice must state:
new text end
new text begin
(1) the basis for the action;
new text end
new text begin
(2) the effective date of the action;
new text end
new text begin
(3) the right to appeal the action; and
new text end
new text begin
(4) the requirements and procedures for reinstatement.
new text end
new text begin Subd. 4. new text end
new text begin Appeal. new text end
new text begin
Upon receipt of a notice under subdivision 3, a provider, vendor,
individual, associated individual, or associated entity may request a contested case hearing,
as defined in section 14.02, subdivision 3, by filing with the commissioner a written request
of appeal. The scope of any contested case hearing is solely limited to action taken under
this section. The commissioner must receive the appeal request no later than 30 days after
the date the notice was mailed to the provider, vendor, individual, associated individual, or
associated entity. The appeal request must specify:
new text end
new text begin
(1) each disputed item and the reason for the dispute;
new text end
new text begin
(2) the authority in statute or rule upon which the provider, vendor, individual, associated
individual, or associated entity relies for each disputed item;
new text end
new text begin
(3) the name and address of the person or entity with whom contacts may be made
regarding the appeal; and
new text end
new text begin
(4) any other information required by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Withholding of payments. new text end
new text begin
(a) Except as otherwise provided by state or federal
law, the commissioner may withhold payments to a provider, vendor, individual, associated
individual, or associated entity in any program administered by the commissioner if the
commissioner determines there is a credible allegation of fraud for which an investigation
is pending for a program administered by a Minnesota state or federal agency.
new text end
new text begin
(b) For purposes of this subdivision, "credible allegation of fraud" means an allegation
that has been verified by the commissioner from any source, including but not limited to:
new text end
new text begin
(1) fraud hotline complaints;
new text end
new text begin
(2) claims data mining;
new text end
new text begin
(3) patterns identified through provider audits, civil false claims cases, and law
enforcement investigations; and
new text end
new text begin
(4) court filings and other legal documents, including but not limited to police reports,
complaints, indictments, informations, affidavits, declarations, and search warrants.
new text end
new text begin
(c) The commissioner must send notice of the withholding of payments within five days
of taking such action. The notice must:
new text end
new text begin
(1) state that payments are being withheld according to this subdivision;
new text end
new text begin
(2) set forth the general allegations related to the withholding action, except the notice
need not disclose specific information concerning an ongoing investigation;
new text end
new text begin
(3) state that the withholding is for a temporary period and cite the circumstances under
which the withholding will be terminated; and
new text end
new text begin
(4) inform the provider, vendor, individual, associated individual, or associated entity
of the right to submit written evidence to contest the withholding action for consideration
by the commissioner.
new text end
new text begin
(d) If the commissioner withholds payments under this subdivision, the provider, vendor,
individual, associated individual, or associated entity has a right to request administrative
reconsideration. A request for administrative reconsideration must be made in writing, state
with specificity the reasons the payment withholding decision is in error, and include
documents to support the request. Within 60 days from receipt of the request, the
commissioner shall judiciously review allegations, facts, evidence available to the
commissioner, and information submitted by the provider, vendor, individual, associated
individual, or associated entity to determine whether the payment withholding should remain
in place.
new text end
new text begin
(e) The commissioner shall stop withholding payments if the commissioner determines
there is insufficient evidence of fraud by the provider, vendor, individual, associated
individual, or associated entity or when legal proceedings relating to the alleged fraud are
completed, unless the commissioner has sent notice under subdivision 3 to the provider,
vendor, individual, associated individual, or associated entity.
new text end
new text begin
(f) The withholding of payments is a temporary action and is not subject to appeal under
section 142A.21 or chapter 14.
new text end
Sec. 35.
new text begin
[142A.13] ELECTRONIC BENEFIT TRANSFER CARD.
new text end
new text begin Subdivision 1. new text end
new text begin Electronic benefit transfer (EBT) card. new text end
new text begin
Cash benefits for the general
assistance and Minnesota supplemental aid programs under chapter 256D and programs
under chapter 142G must be issued on an EBT card with the name of the head of household
printed on the card. The card must include the following statement: "It is unlawful to use
this card to purchase tobacco products or alcoholic beverages." This card must be issued
within 30 calendar days of an eligibility determination. During the initial 30 calendar days
of eligibility, a recipient may have cash benefits issued on an EBT card without a name
printed on the card. This card may be the same card on which Supplemental Nutrition
Assistance Program (SNAP) benefits are issued and does not need to meet the requirements
of this section.
new text end
Sec. 36.
new text begin
[142A.14] TAX REBATES.
new text end
new text begin
Any federal or state tax rebate received by a recipient of a public assistance program
shall not be counted as income or as an asset for purposes of any of the public assistance
programs under this chapter or any other chapter, including, but not limited to, chapter
142E, 142F, and 142G to the extent permitted under federal law.
new text end
Sec. 37.
new text begin
[142A.15] PUBLIC ASSISTANCE LIEN ON RECIPIENT'S CAUSE OF
ACTION.
new text end
new text begin Subdivision 1. new text end
new text begin State agency has lien. new text end
new text begin
When the state agency provides, pays for, or
becomes liable for medical care or furnishes subsistence or other payments to a person, the
agency shall have a lien for the cost of the care and payments on any and all causes of action
or recovery rights under any policy, plan, or contract providing benefits for health care or
injury that accrue to the person to whom the care or payments were furnished, or to the
person's legal representatives, as a result of the occurrence that necessitated the medical
care, subsistence, or other payments. For purposes of this section, "state agency" includes
prepaid health plans under contract with the commissioner according to sections 256B.69,
256L.01, subdivision 7, 256L.03, subdivision 6, and 256L.12, and Minnesota Statutes 2009
Supplement, section 256D.03, subdivision 4, paragraph (c); children's mental health
collaboratives under section 245.493; demonstration projects for persons with disabilities
under section 256B.77; nursing homes reimbursed under chapter 256R; and county-based
purchasing entities under section 256B.692.
new text end
new text begin Subd. 2. new text end
new text begin Perfection; enforcement. new text end
new text begin
(a) The state agency may perfect and enforce its lien
under sections 514.69, 514.70, and 514.71, and must file the verified lien statement with
the appropriate court administrator in the county of financial responsibility. The verified
lien statement must contain the following: the name and address of the person to whom
medical care, subsistence, or other payment was furnished; the date of injury; the name and
address of vendors furnishing medical care; the dates of the service or payment; the amount
claimed to be due for the care or payment; and to the best of the state agency's knowledge,
the names and addresses of all persons, firms, or corporations claimed to be liable for
damages arising from the injuries.
new text end
new text begin
(b) This section does not affect the priority of any attorney's lien. The state agency is
not subject to any limitations period referred to in section 514.69 or 514.71 and has one
year from the date notice is first received by it under subdivision 4, paragraph (c), even if
the notice is untimely, or one year from the date medical bills are first paid by the state
agency, whichever is later, to file its verified lien statement. The state agency may commence
an action to enforce the lien within one year of (1) the date the notice required by subdivision
4, paragraph (c), is received, or (2) the date the person's cause of action is concluded by
judgment, award, settlement, or otherwise, whichever is later.
new text end
new text begin
(c) If the notice required in subdivision 4 is not provided by any of the parties to the
claim at any stage of the claim, the state agency will have one year from the date the state
agency learns of the lack of notice to commence an action. If amounts on the claim or cause
of action are paid and the amount required to be paid to the state agency under subdivision
5 is not paid to the state agency, the state agency may commence an action to recover on
the lien against any or all of the parties or entities that have either paid or received the
payments.
new text end
new text begin Subd. 3. new text end
new text begin Prosecutor. new text end
new text begin
(a) The attorney general shall represent the commissioner to enforce
the lien created under this section or, if no action has been brought, may initiate and prosecute
an independent action on behalf of the commissioner against a person, firm, or corporation
that may be liable to the person to whom the care or payment was furnished.
new text end
new text begin
(b) Any prepaid health plan providing services under sections 256B.69 and 256L.12 and
Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 4, paragraph (c);
children's mental health collaboratives under section 245.493; demonstration projects for
persons with disabilities under section 256B.77; nursing homes reimbursed under chapter
256R; or the county-based purchasing entity providing services under section 256B.692
may retain legal representation to enforce their lien created under this section or, if no action
has been brought, may initiate and prosecute an independent action on their behalf against
a person, firm, or corporation that may be liable to the person to whom the care or payment
was furnished.
new text end
new text begin Subd. 4. new text end
new text begin Notice. new text end
new text begin
(a) The state agency must be given notice of monetary claims against
a person, firm, or corporation that may be liable in damages to the injured person when the
state agency has paid for or become liable for the cost of medical care or payments related
to the injury. Notice must be given as provided in this subdivision.
new text end
new text begin
(b) Applicants for public assistance shall notify the state or county agency of any possible
claims they may have against a person, firm, or corporation when they submit the application
for assistance. Recipients of public assistance shall notify the state or county agency of any
possible claims when those claims arise.
new text end
new text begin
(c) A person providing medical care services to a recipient of public assistance shall
notify the state agency when the person has reason to believe that a third party may be liable
for payment of the cost of medical care.
new text end
new text begin
(d) A party to a claim upon which the state agency may be entitled to a lien under this
section shall notify the state agency of its potential lien claim at each of the following stages
of a claim:
new text end
new text begin
(1) when a claim is filed;
new text end
new text begin
(2) when an action is commenced; and
new text end
new text begin
(3) when a claim is concluded by payment, award, judgment, settlement, or otherwise.
new text end
new text begin
(e) Every party involved in any stage of a claim under this subdivision is required to
provide notice to the state agency at that stage of the claim. However, when one of the
parties to the claim provides notice at that stage, every other party to the claim is deemed
to have provided the required notice at that stage of the claim. If the required notice under
this paragraph is not provided to the state agency, every party will be deemed to have failed
to provide the required notice. A party to a claim includes the injured person or the person's
legal representative, the plaintiff, the defendants, or persons alleged to be responsible for
compensating the injured person or plaintiff, and any other party to the cause of action or
claim, regardless of whether the party knows the state agency has a potential or actual lien
claim.
new text end
new text begin
(f) Notice given to the county agency is not sufficient to meet the requirements of
paragraphs (c) and (d).
new text end
new text begin Subd. 5. new text end
new text begin Costs deducted. new text end
new text begin
Upon any judgment, award, or settlement of a cause of action,
or any part of it, upon which the state agency has filed its lien, including compensation for
liquidated, unliquidated, or other damages, reasonable costs of collection, including attorney
fees, must be deducted first. The full amount of public assistance paid to or on behalf of the
person as a result of the injury must be deducted next, and paid to the state agency. The rest
must be paid to the public assistance recipient or other plaintiff. The plaintiff, however,
must receive at least one-third of the net recovery after attorney fees and other collection
costs.
new text end
new text begin Subd. 6. new text end
new text begin When effective. new text end
new text begin
The lien created under this section is effective with respect to
any public assistance paid on or after August 1, 1987.
new text end
new text begin Subd. 7. new text end
new text begin Cooperation with information requests required. new text end
new text begin
(a) Upon the request of
the commissioner:
new text end
new text begin
(1) any state agency or third-party payer shall cooperate by furnishing information to
help establish a third-party liability, as required by the federal Deficit Reduction Act of
2005, Public Law 109-171;
new text end
new text begin
(2) any employer or third-party payer shall cooperate by furnishing a data file containing
information about group health insurance plan or medical benefit plan coverage of its
employees or insureds within 60 days of the request. The information in the data file must
include at least the following: full name, date of birth, Social Security number if collected
and stored in a system routinely used for producing data files by the employer or third-party
payer, employer name, policy identification number, group identification number, and plan
or coverage type.
new text end
new text begin
(b) For purposes of section 176.191, subdivision 4, the commissioner of labor and
industry may allow the commissioner of children, youth, and families and county agencies
direct access and data matching on information relating to workers' compensation claims
in order to determine whether the claimant has reported the fact of a pending claim and the
amount paid to or on behalf of the claimant to the commissioner of human services.
new text end
new text begin
(c) For the purpose of compliance with section 169.09, subdivision 13, and federal
requirements under Code of Federal Regulations, title 42, section 433.138 (d)(4), the
commissioner of public safety shall provide accident data as requested by the commissioner
of children, youth, and families. The disclosure shall not violate section 169.09, subdivision
13, paragraph (d).
new text end
new text begin
(d) The commissioner of children, youth, and families and county agencies shall limit
its use of information gained from agencies, third-party payers, and employers to purposes
directly connected with the administration of its public assistance and child support programs.
The provision of information by agencies, third-party payers, and employers to the department
under this subdivision is not a violation of any right of confidentiality or data privacy.
new text end
Sec. 38.
new text begin
[142A.20] ADMINISTRATIVE AND JUDICIAL REVIEW OF CHILDREN,
YOUTH, AND FAMILIES MATTERS.
new text end
new text begin Subdivision 1. new text end
new text begin Children, youth, and families judges; appointment. new text end
new text begin
The commissioner
of children, youth, and families may appoint one or more state children, youth, and families
judges to conduct hearings and recommend orders in accordance with subdivisions 2, 3,
and 5. Children, youth, and families judges designated pursuant to this section may administer
oaths and shall be under the control and supervision of the commissioner of children, youth,
and families and shall not be a part of the Office of Administrative Hearings established
pursuant to sections 14.48 to 14.56. The commissioner shall only appoint as a full-time
children, youth, and families judge an individual who is licensed to practice law in Minnesota
and who is:
new text end
new text begin
(1) in active status;
new text end
new text begin
(2) an inactive resident;
new text end
new text begin
(3) retired;
new text end
new text begin
(4) on disabled status; or
new text end
new text begin
(5) on retired senior status.
new text end
new text begin Subd. 2. new text end
new text begin State agency hearings. new text end
new text begin
(a) State agency hearings are available for the following:
new text end
new text begin
(1) any person:
new text end
new text begin
(i) applying for, receiving, or having received public assistance or a program of social
services administered by the commissioner or a county agency on behalf of the commissioner
or the federal Food and Nutrition Act; and
new text end
new text begin
(ii) whose application for assistance is denied, not acted upon with reasonable promptness,
or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly
paid;
new text end
new text begin
(2) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under chapter 260E is denied or not acted
upon with reasonable promptness, regardless of funding source;
new text end
new text begin
(3) any person to whom a right of appeal according to this section is given by other
provision of law;
new text end
new text begin
(4) except as provided under chapter 142B, an individual or facility determined to have
maltreated a minor under chapter 260E, after the individual or facility has exercised the
right to administrative reconsideration under chapter 260E;
new text end
new text begin
(5) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; of a preponderance of the evidence that
the individual has committed an act or acts that meet the definition of any of the crimes
listed in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under
section 260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) and a disqualification under this clause in which the basis
for a disqualification is serious or recurring maltreatment shall be consolidated into a single
fair hearing. In such cases, the scope of review by the children, youth, and families judge
shall include both the maltreatment determination and the disqualification. The failure to
exercise the right to an administrative reconsideration shall not be a bar to a hearing under
this section if federal law provides an individual the right to a hearing to dispute a finding
of maltreatment; and
new text end
new text begin
(6) any person with an outstanding debt resulting from receipt of public assistance or
the federal Food and Nutrition Act who is contesting a setoff claim by the commissioner
of children, youth, and families or a county agency. The scope of the appeal is the validity
of the claimant agency's intention to request a setoff of a refund under chapter 270A against
the debt.
new text end
new text begin
(b) The hearing for an individual or facility under paragraph (a), clause (4) or (5), is the
only administrative appeal to the final agency determination specifically, including a
challenge to the accuracy and completeness of data under section 13.04. A hearing for an
individual or facility under paragraph (a), clause (4) or (5), is only available when there is
no district court action pending. If such action is filed in district court while an administrative
review is pending that arises out of some or all of the events or circumstances on which the
appeal is based, the administrative review must be suspended until the judicial actions are
completed. If the district court proceedings are completed, dismissed, or overturned, the
matter may be considered in an administrative hearing.
new text end
new text begin
(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.
new text end
new text begin
(d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (2), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.
new text end
new text begin
(e) An applicant or recipient is not entitled to receive social services beyond the services
prescribed under chapter 256M or other social services the person is eligible for under state
law.
new text end
new text begin
(f) The commissioner may summarily affirm the county or state agency's proposed action
without a hearing when the sole issue is an automatic change due to a change in state or
federal law.
new text end
new text begin
(g) Unless federal or Minnesota law specifies a different time frame in which to file an
appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 142A.21, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.
new text end
new text begin Subd. 3. new text end
new text begin Standard of evidence for maltreatment and disqualification hearings. new text end
new text begin
(a)
The state children, youth, and families judge shall determine that maltreatment has occurred
if a preponderance of evidence exists to support the final disposition under chapter 260E
or section 626.557. For purposes of hearings regarding disqualification, the state children,
youth, and families judge shall affirm the proposed disqualification in an appeal under
subdivision 2, paragraph (a), clause (5), if a preponderance of the evidence shows the
individual has:
new text end
new text begin
(1) committed maltreatment under section 626.557 or chapter 260E that is serious or
recurring;
new text end
new text begin
(2) committed an act or acts meeting the definition of any of the crimes listed in section
245C.15, subdivisions 1 to 4; or
new text end
new text begin
(3) failed to make required reports under section 626.557 or chapter 260E, for incidents
in which the final disposition under section 626.557 or chapter 260E was substantiated
maltreatment that was serious or recurring.
new text end
new text begin
(b) If the disqualification is affirmed, the state children, youth, and families judge shall
determine whether the individual poses a risk of harm in accordance with the requirements
of section 245C.22, and whether the disqualification should be set aside or not set aside. In
determining whether the disqualification should be set aside, the children, youth, and families
judge shall consider all of the characteristics that cause the individual to be disqualified,
including those characteristics that were not subject to review under paragraph (a), in order
to determine whether the individual poses a risk of harm. A decision to set aside a
disqualification that is the subject of the hearing constitutes a determination that the individual
does not pose a risk of harm and that the individual may provide direct contact services in
the individual program specified in the set aside.
new text end
new text begin
(c) If a disqualification is based solely on a conviction or is conclusive for any reason
under section 245C.29, the disqualified individual does not have a right to a hearing under
this section.
new text end
new text begin
(d) The state children, youth, and families judge shall recommend an order to the
commissioner of health; education; children, youth, and families; or human services, as
applicable, who shall issue a final order. The commissioner shall affirm, reverse, or modify
the final disposition. Any order of the commissioner issued in accordance with this
subdivision is conclusive upon the parties unless appeal is taken in the manner provided in
subdivision 7. In any licensing appeal under chapters 142B and 245C and sections 144.50
to 144.58 and 144A.02 to 144A.482, the commissioner's determination as to maltreatment
is conclusive, as provided under section 245C.29.
new text end
new text begin Subd. 4. new text end
new text begin Conduct of hearings. new text end
new text begin
(a) All hearings held pursuant to subdivision 2 or 3 shall
be conducted according to the provisions of the federal Social Security Act and the
regulations implemented in accordance with that act to enable this state to qualify for federal
grants-in-aid and according to the rules and written policies of the commissioner. County
agencies shall install equipment necessary to conduct telephone hearings. A state children,
youth, and families judge may schedule a telephone conference hearing when the distance
or time required to travel to the county agency offices will cause a delay in the issuance of
an order, or to promote efficiency, or at the mutual request of the parties. Hearings may be
conducted by telephone conferences unless the applicant, recipient, former recipient, person,
or facility contesting maltreatment objects. A children, youth, and families judge may grant
a request for a hearing in person by holding the hearing by interactive video technology or
in person. The children, youth, and families judge must hear the case in person if the person
asserts that either the person or a witness has a physical or mental disability that would
impair the person's or witness's ability to fully participate in a hearing held by interactive
video technology. The hearing shall not be held earlier than five days after filing of the
required notice with the county or state agency. The state children, youth, and families judge
shall notify all interested persons of the time, date, and location of the hearing at least five
days before the date of the hearing. Interested persons may be represented by legal counsel
or other representative of their choice, including a provider of therapy services, at the hearing
and may appear personally, testify and offer evidence, and examine and cross-examine
witnesses. The applicant, recipient, former recipient, person, or facility contesting
maltreatment shall have the opportunity to examine the contents of the case file and all
documents and records to be used by the county or state agency at the hearing at a reasonable
time before the date of the hearing and during the hearing. In hearings under subdivision
2, paragraph (a), clauses (4) and (5), either party may subpoena the private data relating to
the investigation prepared by the agency under section 626.557 or chapter 260E that are
not otherwise accessible under section 13.04, provided the identity of the reporter may not
be disclosed.
new text end
new text begin
(b) The private data obtained by subpoena in a hearing under subdivision 2, paragraph
(a), clause (2), must be subject to a protective order that prohibits its disclosure for any other
purpose outside the hearing provided for in this section without prior order of the district
court. Disclosure without court order is punishable by a sentence of not more than 90 days
imprisonment or a fine of not more than $1,000, or both. These restrictions on the use of
private data do not prohibit access to the data under section 13.03, subdivision 6. Except
for appeals under subdivision 2, paragraph (a), clause (2), upon request, the county agency
shall provide reimbursement for transportation, child care, photocopying, medical assessment,
witness fee, and other necessary and reasonable costs incurred by the applicant, recipient,
or former recipient in connection with the appeal. All evidence, except that privileged by
law, commonly accepted by reasonable people in the conduct of their affairs as having
probative value with respect to the issues, shall be submitted at the hearing and the hearing
shall not be "a contested case" within the meaning of section 14.02, subdivision 3. The
agency must present its evidence prior to or at the hearing and may not submit evidence
after the hearing except by agreement of the parties at the hearing, provided the petitioner
has the opportunity to respond.
new text end
new text begin
(c) In hearings under subdivision 2, paragraph (a), clauses (2) and (5), involving
determinations of maltreatment or disqualification made by more than one county agency,
by a county agency and a state agency, or by more than one state agency, the hearings may
be consolidated into a single fair hearing upon the consent of all parties and the state children,
youth, and families judge.
new text end
new text begin Subd. 5. new text end
new text begin Orders of the commissioner of children, youth, and families. new text end
new text begin
(a) A state
children, youth, and families judge shall conduct a hearing on the appeal and shall recommend
an order to the commissioner of children, youth, and families. The recommended order must
be based on all relevant evidence and must not be limited to a review of the propriety of
the state or county agency's action. A children, youth, and families judge may take official
notice of adjudicative facts. The commissioner of children, youth, and families may accept
the recommended order of a state children, youth, and families judge and issue the order to
the county agency and the applicant, recipient, or former recipient. If the commissioner
refuses to accept the recommended order of the state children, youth, and families judge,
the commissioner shall notify the petitioner or the agency of the commissioner's refusal and
shall state reasons for the refusal. The commissioner shall allow each party ten days' time
to submit additional written argument on the matter. After the expiration of the ten-day
period, the commissioner shall issue an order on the matter to the petitioner and the agency.
new text end
new text begin
(b) A party aggrieved by an order of the commissioner may appeal under subdivision 7
or request reconsideration by the commissioner within 30 days after the date the
commissioner issues the order. The commissioner may reconsider an order upon request of
any party or on the commissioner's own motion. A request for reconsideration does not stay
implementation of the commissioner's order. The person seeking reconsideration has the
burden to demonstrate why the matter should be reconsidered. The request for reconsideration
may include legal argument and proposed additional evidence supporting the request. If
proposed additional evidence is submitted, the person must explain why the proposed
additional evidence was not provided at the time of the hearing. If reconsideration is granted,
the other participants must be sent a copy of all material submitted in support of the request
for reconsideration and must be given ten days to respond. Upon reconsideration, the
commissioner may issue an amended order or an order affirming the original order.
new text end
new text begin
(c) Any order of the commissioner issued under this subdivision shall be conclusive
upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order
of the commissioner is binding on the parties and must be implemented by the state agency
or a county agency until the order is reversed by the district court or unless the commissioner
or a district court orders monthly assistance or aid or services paid or provided under
subdivision 10.
new text end
new text begin
(d) A vendor under contract with a county agency to provide social services is not a
party and may not request a hearing or seek judicial review of an order issued under this
section, unless assisting a recipient as provided in subdivision 4.
new text end
new text begin Subd. 6. new text end
new text begin Additional powers of commissioner; subpoenas. new text end
new text begin
(a) The commissioner may
initiate a review of any action or decision of a county agency and direct that the matter be
presented to a state children, youth, and families judge for a hearing held under subdivision
2 or 3. In all matters dealing with children, youth, and families committed by law to the
discretion of the county agency, the commissioner's judgment may be substituted for that
of the county agency. The commissioner may order an independent examination when
appropriate.
new text end
new text begin
(b) Any party to a hearing held pursuant to subdivision 2 or 3 may request that the
commissioner issue a subpoena to compel the attendance of witnesses and the production
of records at the hearing. A local agency may request that the commissioner issue a subpoena
to compel the release of information from third parties prior to a request for a hearing under
section 142A.21 upon a showing of relevance to such a proceeding. The issuance, service,
and enforcement of subpoenas under this subdivision is governed by section 357.22 and
the Minnesota Rules of Civil Procedure.
new text end
new text begin
(c) The commissioner may issue a temporary order staying a proposed demission by a
residential facility licensed under chapter 142B:
new text end
new text begin
(1) while an appeal by a recipient under subdivision 3 is pending; or
new text end
new text begin
(2) for the period of time necessary for the case management provider to implement the
commissioner's order.
new text end
new text begin Subd. 7. new text end
new text begin Judicial review. new text end
new text begin
Any party who is aggrieved by an order of the commissioner
of children, youth, and families may appeal the order to the district court of the county
responsible for furnishing assistance, or, in appeals under subdivision 3, the county where
the maltreatment occurred, by serving a written copy of a notice of appeal upon the
commissioner and any adverse party of record within 30 days after the date the commissioner
issued the order, the amended order, or order affirming the original order, and by filing the
original notice and proof of service with the court administrator of the district court. Service
may be made personally or by mail; service by mail is complete upon mailing. The court
administrator shall not require a filing fee in appeals taken pursuant to this subdivision,
except for appeals taken under subdivision 3. The commissioner may elect to become a
party to the proceedings in the district court. Except for appeals under subdivision 3, any
party may demand that the commissioner furnish all parties to the proceedings with a copy
of the decision, and a transcript of any testimony, evidence, or other supporting papers from
the hearing held before the children, youth, and families judge, by serving a written demand
upon the commissioner within 30 days after service of the notice of appeal. Any party
aggrieved by the failure of an adverse party to obey an order issued by the commissioner
under subdivision 5 may compel performance according to the order in the manner prescribed
in sections 586.01 to 586.12.
new text end
new text begin Subd. 8. new text end
new text begin Hearing. new text end
new text begin
Any party may obtain a hearing at a special term of the district court
by serving a written notice of the time and place of the hearing at least ten days prior to the
date of the hearing. The court may consider the matter in or out of chambers, and shall take
no new or additional evidence unless it determines that such evidence is necessary for a
more equitable disposition of the appeal.
new text end
new text begin Subd. 9. new text end
new text begin Appeal. new text end
new text begin
Any party aggrieved by the order of the district court may appeal the
order as in other civil cases. Except for appeals under subdivision 3, no costs or disbursements
shall be taxed against any party nor shall any filing fee or bond be required of any party.
new text end
new text begin Subd. 10. new text end
new text begin Payments pending appeal. new text end
new text begin
If the commissioner of children, youth, and
families or district court orders monthly assistance or aid or services paid or provided in
any proceeding under this section, it shall be paid or provided pending appeal to the
commissioner of children, youth, and families, district court, court of appeals, or supreme
court. The state or county agency has a claim for Supplemental Nutrition Assistance Program
(SNAP) benefits or cash payments made to or on behalf of a recipient or former recipient
while an appeal is pending if the recipient or former recipient is determined ineligible for
SNAP benefits or cash payments as a result of the appeal.
new text end
new text begin Subd. 11. new text end
new text begin Interagency agreement with DHS. new text end
new text begin
The commissioner of children, youth,
and families may enter into an agreement with the commissioner of human services so that
the commissioner of human services may conduct hearings and recommend and issue orders
on behalf of the commissioner of children, youth, and families in accordance with this
section.
new text end
Sec. 39.
new text begin
[142A.21] HEARING PROCEDURES.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
(a) The requirements in this section apply to all fair hearings and
appeals under section 142A.20, subdivision 2, paragraph (a), clauses (1), (2), (3), and (6).
Except as provided in subdivisions 3 and 19, the requirements under this section apply to
fair hearings and appeals under section 142A.20, subdivision 2, paragraph (a), clause (2).
new text end
new text begin
(b) For purposes of this section, "person" means an individual who, on behalf of
themselves or their household, is appealing, disputing, or challenging an action, a decision,
or a failure to act by an agency in the children, youth, and families system. When a person
involved in a proceeding under this section is represented by an attorney or by an authorized
representative, the term "person" also means the person's attorney or authorized
representative. Any notice sent to the person involved in the hearing must also be sent to
the person's attorney or authorized representative.
new text end
new text begin
(c) For purposes of this section, "agency" means the county human services agency, the
Department of Children, Youth, and Families, and, where applicable, any entity involved
under a contract, subcontract, grant, or subgrant with the state agency or with a county
agency, that provides or operates programs or services in which appeals are governed by
section 142A.20.
new text end
new text begin Subd. 2. new text end
new text begin Access to files. new text end
new text begin
A person involved in a fair hearing appeal has the right of access
to the person's complete case files and to examine all private welfare data on the person that
has been generated, collected, stored, or disseminated by the agency. A person involved in
a fair hearing appeal has the right to a free copy of all documents in the case file involved
in a fair hearing appeal. For purposes of this section, "case file" means the information,
documents, and data, in whatever form, that have been generated, collected, stored, or
disseminated by the agency in connection with the person and the program or service
involved.
new text end
new text begin Subd. 3. new text end
new text begin Agency appeal summary. new text end
new text begin
(a) Except in fair hearings and appeals under section
142A.20, subdivision 2, paragraph (a), clauses (4) and (5), the agency involved in an appeal
must prepare a state agency appeal summary for each fair hearing appeal. The state agency
appeal summary shall be mailed or otherwise delivered to the person who is involved in the
appeal at least three working days before the date of the hearing. The state agency appeal
summary must also be mailed or otherwise delivered to the department's Appeals Office at
least three working days before the date of the fair hearing appeal.
new text end
new text begin
(b) In addition, the children, youth, and families judge shall confirm that the state agency
appeal summary is mailed or otherwise delivered to the person involved in the appeal as
required under paragraph (a). The person involved in the fair hearing should be provided,
through the state agency appeal summary or other reasonable methods, appropriate
information about the procedures for the fair hearing and an adequate opportunity to prepare.
These requirements apply equally to the state agency or an entity under contract when
involved in the appeal.
new text end
new text begin
(c) The contents of the state agency appeal summary must be adequate to inform the
person involved in the appeal of the evidence on which the agency relies and the legal basis
for the agency's action or determination.
new text end
new text begin Subd. 4. new text end
new text begin Enforcing access to files. new text end
new text begin
A person involved in a fair hearing appeal may
enforce the right of access to data and copies of the case file by making a request to the
children, youth, and families judge. The children, youth, and families judge will make an
appropriate order enforcing the person's rights under the Minnesota Government Data
Practices Act, including but not limited to, ordering access to files, data, and documents;
continuing a hearing to allow adequate time for access to data; or prohibiting use by the
agency of files, data, or documents that have been generated, collected, stored, or
disseminated without compliance with the Minnesota Government Data Practices Act and
that have not been provided to the person involved in the appeal.
new text end
new text begin Subd. 5. new text end
new text begin Prehearing conferences. new text end
new text begin
(a) The children, youth, and families judge prior to
a fair hearing appeal may hold a prehearing conference to further the interests of justice or
efficiency and must include the person involved in the appeal. A person involved in a fair
hearing appeal or the agency may request a prehearing conference. The prehearing conference
may be conducted by telephone, in person, or in writing. The prehearing conference may
address the following:
new text end
new text begin
(1) disputes regarding access to files, evidence, subpoenas, or testimony;
new text end
new text begin
(2) the time required for the hearing or any need for expedited procedures or decision;
new text end
new text begin
(3) identification or clarification of legal or other issues that may arise at the hearing;
new text end
new text begin
(4) identification of and possible agreement to factual issues; and
new text end
new text begin
(5) scheduling and any other matter that will aid in the proper and fair functioning of
the hearing.
new text end
new text begin
(b) The children, youth, and families judge shall make a record or otherwise
contemporaneously summarize the prehearing conference in writing, which shall be sent
to both the person involved in the hearing, the person's attorney or authorized representative,
and the agency. A children, youth, and families judge may make and issue rulings and orders
while the appeal is pending. During the pendency of the appeal, these rulings and orders
are not subject to a request for reconsideration or appeal. These rulings and orders are subject
to review under subdivision 24 and section 142A.20, subdivision 7.
new text end
new text begin Subd. 6. new text end
new text begin Appeal request for emergency assistance or urgent matter. new text end
new text begin
(a) When an
appeal involves an application for emergency assistance, the agency involved shall mail or
otherwise deliver the state agency appeal summary to the department's Appeals Office
within two working days of receiving the request for an appeal. A person may also request
that a fair hearing be held on an emergency basis when the issue requires an immediate
resolution. The children, youth, and families judge shall schedule the fair hearing on the
earliest available date according to the urgency of the issue involved. Issuance of the
recommended decision after an emergency hearing shall be expedited.
new text end
new text begin
(b) The commissioner shall issue a written decision within five working days of receiving
the recommended decision, shall immediately inform the parties of the outcome by telephone,
and shall mail the decision no later than two working days following the date of the decision.
new text end
new text begin Subd. 7. new text end
new text begin Continuance, rescheduling, or adjourning a hearing. new text end
new text begin
(a) A person involved
in a fair hearing, or the agency, may request a continuance, a rescheduling, or an adjournment
of a hearing for a reasonable period of time. The grounds for granting a request for a
continuance, a rescheduling, or adjournment of a hearing include, but are not limited to, the
following:
new text end
new text begin
(1) to reasonably accommodate the appearance of a witness;
new text end
new text begin
(2) to ensure that the person has adequate opportunity for preparation and for presentation
of evidence and argument;
new text end
new text begin
(3) to ensure that the person or the agency has adequate opportunity to review, evaluate,
and respond to new evidence, or where appropriate, to require that the person or agency
review, evaluate, and respond to new evidence;
new text end
new text begin
(4) to permit the person involved and the agency to negotiate toward resolution of some
or all of the issues where both agree that additional time is needed;
new text end
new text begin
(5) to permit the agency to reconsider a previous action or determination;
new text end
new text begin
(6) to permit or to require the performance of actions not previously taken; and
new text end
new text begin
(7) to provide additional time or to permit or require additional activity by the person
or agency as the interests of fairness may require.
new text end
new text begin
(b) Requests for continuances or for rescheduling may be made orally or in writing. The
person or agency requesting the continuance or rescheduling must first make reasonable
efforts to contact the other participants in the hearing or their representatives and seek to
obtain an agreement on the request. Requests for continuance or rescheduling should be
made no later than three working days before the scheduled date of the hearing, unless there
is a good cause as specified in subdivision 13. Granting a continuance or rescheduling may
be conditioned upon a waiver by the requester of applicable time limits but should not cause
unreasonable delay.
new text end
new text begin Subd. 8. new text end
new text begin Subpoenas. new text end
new text begin
(a) A person involved in a fair hearing or the agency may request
a subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall
be issued to require the attendance and the testimony of witnesses, and the production of
evidence relating to any issue of fact in the appeal hearing. The request for a subpoena must
show a need for the subpoena and the general relevance to the issues involved. The subpoena
shall be issued in the name of the department and shall be served and enforced as provided
in section 357.22 and the Minnesota Rules of Civil Procedure.
new text end
new text begin
(b) An individual or entity served with a subpoena may petition the children, youth, and
families judge in writing to vacate or modify a subpoena. The children, youth, and families
judge shall resolve such a petition in a prehearing conference involving all parties and shall
make a written decision. A subpoena may be vacated or modified if the children, youth,
and families judge determines that the testimony or evidence sought does not relate with
reasonable directness to the issues of the fair hearing appeal; that the subpoena is
unreasonable, over broad, or oppressive; that the evidence sought is repetitious or cumulative;
or that the subpoena has not been served reasonably in advance of the time when the appeal
hearing will be held.
new text end
new text begin Subd. 9. new text end
new text begin No ex parte contact. new text end
new text begin
The children, youth, and families judge shall not have ex
parte contact on substantive issues with the agency or with any person or witness in a fair
hearing appeal. No employee of the department or agency shall review, interfere with,
change, or attempt to influence the recommended decision of the children, youth, and
families judge in any fair hearing appeal, except through the procedure allowed in subdivision
18. The limitations in this subdivision do not affect the commissioner's authority to review
or reconsider decisions or make final decisions.
new text end
new text begin Subd. 10. new text end
new text begin Telephone or face-to-face hearing. new text end
new text begin
A fair hearing appeal may be conducted
by telephone, by other electronic media, or by an in-person, face-to-face hearing. At the
request of the person involved in a fair hearing appeal or their representative, a face-to-face
hearing shall be conducted with all participants personally present before the children, youth,
and families judge.
new text end
new text begin Subd. 11. new text end
new text begin Hearing facilities and equipment. new text end
new text begin
The children, youth, and families judge
shall conduct the hearing in the county where the person involved resides, unless an alternate
location is mutually agreed upon before the hearing, or unless the person has agreed to a
hearing by telephone. Hearings under section 142A.20, subdivision 2, paragraph (a), clauses
(4) and (5), must be conducted in the county where the determination was made, unless an
alternate location is mutually agreed upon before the hearing. The hearing room shall be of
sufficient size and layout to adequately accommodate both the number of individuals
participating in the hearing and any identified special needs of any individual participating
in the hearing. The children, youth, and families judge shall ensure that all communication
and recording equipment that is necessary to conduct the hearing and to create an adequate
record is present and functioning properly. If any necessary communication or recording
equipment fails or ceases to operate effectively, the children, youth, and families judge shall
take any steps necessary, including stopping or adjourning the hearing, until the necessary
equipment is present and functioning properly. All reasonable efforts shall be undertaken
to prevent and avoid any delay in the hearing process caused by defective communication
or recording equipment.
new text end
new text begin Subd. 12. new text end
new text begin Interpreter and translation services. new text end
new text begin
The children, youth, and families judge
has a duty to inquire and to determine whether any participant in the hearing needs the
services of an interpreter or translator in order to participate in or to understand the hearing
process. Necessary interpreter or translation services must be provided at no charge to the
person involved in the hearing. If it appears that interpreter or translation services are needed
but are not available for the scheduled hearing, the children, youth, and families judge shall
continue or postpone the hearing until appropriate services can be provided.
new text end
new text begin Subd. 13. new text end
new text begin Failure to appear; good cause. new text end
new text begin
If a person involved in a fair hearing appeal
fails to appear at the hearing, the children, youth, and families judge may dismiss the appeal.
The children, youth, and families judge may reopen the appeal if within ten working days
after the date of the dismissal the person files information in writing with the children, youth,
and families judge to show good cause for not appearing. Good cause can be shown when
there is:
new text end
new text begin
(1) a death or serious illness in the person's family;
new text end
new text begin
(2) a personal injury or illness that reasonably prevents the person from attending the
hearing;
new text end
new text begin
(3) an emergency, crisis, or unforeseen event that reasonably prevents the person from
attending the hearing;
new text end
new text begin
(4) an obligation or responsibility of the person that a reasonable person, in the conduct
of one's affairs, could reasonably determine takes precedence over attending the hearing;
new text end
new text begin
(5) lack of or failure to receive timely notice of the hearing in the preferred language of
the person involved in the hearing; and
new text end
new text begin
(6) excusable neglect, excusable inadvertence, excusable mistake, or other good cause
as determined by the children, youth, and families judge.
new text end
new text begin Subd. 14. new text end
new text begin Commencement of hearing. new text end
new text begin
The children, youth, and families judge shall
begin each hearing by describing the process to be followed in the hearing, including the
swearing in of witnesses, how testimony and evidence are presented, the order of examining
and cross-examining witnesses, and the opportunity for an opening statement and a closing
statement. The children, youth, and families judge shall identify for the participants the
issues to be addressed at the hearing and shall explain to the participants the burden of proof
that applies to the person involved and the agency. The children, youth, and families judge
shall confirm, prior to proceeding with the hearing, that the state agency appeal summary,
if required under subdivision 3, has been properly completed and provided to the person
involved in the hearing, and that the person has been provided documents and an opportunity
to review the case file, as provided in this section.
new text end
new text begin Subd. 15. new text end
new text begin Conduct of the hearing. new text end
new text begin
The children, youth, and families judge shall act in
a fair and impartial manner at all times. At the beginning of the hearing the agency must
designate one person as their representative who shall be responsible for presenting the
agency's evidence and questioning any witnesses. The children, youth, and families judge
shall make sure that the person and the agency are provided sufficient time to present
testimony and evidence, to confront and cross-examine all adverse witnesses, and to make
any relevant statement at the hearing. The children, youth, and families judge shall make
reasonable efforts to explain the hearing process to persons who are not represented and
shall ensure that the hearing is conducted fairly and efficiently. Upon the reasonable request
of the person or the agency involved, the children, youth, and families judge may direct
witnesses to remain outside the hearing room, except during their individual testimony. The
children, youth, and families judge shall not terminate the hearing before affording the
person and the agency a complete opportunity to submit all admissible evidence and
reasonable opportunity for oral or written statement. If a hearing lasts longer than anticipated,
the hearing shall be rescheduled or continued from day-to-day until completion. Hearings
that have been continued shall be timely scheduled to minimize delay in the disposition of
the appeal.
new text end
new text begin Subd. 16. new text end
new text begin Scope of issues addressed at the hearing. new text end
new text begin
The hearing shall address the
correctness and legality of the agency's action and shall not be limited simply to a review
of the propriety of the agency's action. The person involved may raise and present evidence
on all legal claims or defenses arising under state or federal law as a basis for appealing or
disputing an agency action but not constitutional claims beyond the jurisdiction of the fair
hearing. The children, youth, and families judge may take official notice of adjudicative
facts.
new text end
new text begin Subd. 17. new text end
new text begin Burden of persuasion. new text end
new text begin
The burden of persuasion is governed by specific state
or federal law and regulations that apply to the subject of the hearing. If there is no specific
law, then the participant in the hearing who asserts the truth of a claim is under the burden
to persuade the children, youth, and families judge that the claim is true.
new text end
new text begin Subd. 18. new text end
new text begin Inviting comment by department. new text end
new text begin
The children, youth, and families judge
or the commissioner may determine that a written comment by the department about the
policy implications of a specific legal issue could help resolve a pending appeal. Such a
written policy comment from the department shall be obtained only by a written request
that is also sent to the person involved and to the agency or its representative. When such
a written comment is received, both the person involved in the hearing and the agency shall
have adequate opportunity to review, evaluate, and respond to the written comment, including
submission of additional testimony or evidence, and cross-examination concerning the
written comment.
new text end
new text begin Subd. 19. new text end
new text begin Developing the record. new text end
new text begin
The children, youth, and families judge shall accept
all evidence, except evidence privileged by law, that is commonly accepted by reasonable
people in the conduct of their affairs as having probative value on the issues to be addressed
at the hearing. Except in fair hearings and appeals under section 142A.20, subdivision 2,
paragraph (a), clauses (4) and (5), in cases involving medical issues such as a diagnosis, a
physician's report, or a review team's decision, the children, youth, and families judge shall
consider whether it is necessary to have a medical assessment other than that of the individual
making the original decision. When necessary, the children, youth, and families judge shall
require an additional assessment be obtained at agency expense and made part of the hearing
record. The children, youth, and families judge shall ensure for all cases that the record is
sufficiently complete to make a fair and accurate decision.
new text end
new text begin Subd. 20. new text end
new text begin Unrepresented persons. new text end
new text begin
In cases involving unrepresented persons, the children,
youth, and families judge shall take appropriate steps to identify and develop in the hearing
relevant facts necessary for making an informed and fair decision. These steps may include,
but are not limited to, asking questions of witnesses and referring the person to a legal
services office. An unrepresented person shall be provided an adequate opportunity to
respond to testimony or other evidence presented by the agency at the hearing. The children,
youth, and families judge shall ensure that an unrepresented person has a full and reasonable
opportunity at the hearing to establish a record for appeal.
new text end
new text begin Subd. 21. new text end
new text begin Closing of the record. new text end
new text begin
The agency must present its evidence prior to or at the
hearing. The agency shall not be permitted to submit evidence after the hearing except by
agreement at the hearing between the person involved, the agency, and the children, youth,
and families judge. If evidence is submitted after the hearing, based on such an agreement,
the person involved and the agency must be allowed sufficient opportunity to respond to
the evidence. When necessary, the record shall remain open to permit a person to submit
additional evidence on the issues presented at the hearing.
new text end
new text begin Subd. 22. new text end
new text begin Decisions. new text end
new text begin
(a) A timely, written decision must be issued in every appeal. Each
decision must contain a clear ruling on the issues presented in the appeal hearing and should
contain a ruling only on questions directly presented by the appeal and the arguments raised
in the appeal.
new text end
new text begin
(b) A written decision must be issued within 90 days of the date the person involved
requested the appeal unless a shorter time is required by law. An additional 30 days is
provided in those cases where the commissioner refuses to accept the recommended decision.
In appeals of maltreatment determinations or disqualifications filed pursuant to section
142A.20, subdivision 2, paragraph (a), clause (4) or (5), that also give rise to possible
licensing actions, the 90-day period for issuing final decisions does not begin until the later
of the date that the licensing authority provides notice to the appeals division that the
authority has made the final determination in the matter or the date the appellant files the
last appeal in the consolidated matters.
new text end
new text begin
(c) The decision must contain both findings of fact and conclusions of law, clearly
separated and identified. The findings of fact must be based on the entire record. Each
finding of fact made by the children, youth, and families judge shall be supported by a
preponderance of the evidence unless a different standard is required under the regulations
of a particular program. The "preponderance of the evidence" means, in light of the record
as a whole, the evidence leads the children, youth, and families judge to believe that the
finding of fact is more likely to be true than not true. The legal claims or arguments of a
participant do not constitute either a finding of fact or a conclusion of law, except to the
extent the children, youth, and families judge adopts an argument as a finding of fact or
conclusion of law.
new text end
new text begin
(d) The decision shall contain at least the following:
new text end
new text begin
(1) a listing of the date and place of the hearing and the participants at the hearing;
new text end
new text begin
(2) a clear and precise statement of the issues, including the dispute under consideration
and the specific points that must be resolved in order to decide the case;
new text end
new text begin
(3) a listing of the material, including exhibits, records, reports, placed into evidence at
the hearing, and upon which the hearing decision is based;
new text end
new text begin
(4) the findings of fact based upon the entire hearing record. The findings of fact must
be adequate to inform the participants and any interested person in the public of the basis
of the decision. If the evidence is in conflict on an issue that must be resolved, the findings
of fact must state the reasoning used in resolving the conflict;
new text end
new text begin
(5) conclusions of law that address the legal authority for the hearing and the ruling and
give appropriate attention to the claims of the participants to the hearing;
new text end
new text begin
(6) a clear and precise statement of the decision made resolving the dispute under
consideration in the hearing; and
new text end
new text begin
(7) written notice of the right to appeal to district court or to request reconsideration,
and of the actions required and the time limits for taking appropriate action to appeal to
district court or to request a reconsideration.
new text end
new text begin
(e) The children, youth, and families judge shall not independently investigate facts or
otherwise rely on information not presented at the hearing. The children, youth, and families
judge may not contact other agency personnel, except as provided in subdivision 18. The
children, youth, and families judge's recommended decision must be based exclusively on
the testimony and evidence presented at the hearing, and legal arguments presented, and
the children, youth, and families judge's research and knowledge of the law.
new text end
new text begin
(f) The commissioner will review the recommended decision and accept or refuse to
accept the decision according to section 142A.20, subdivision 5.
new text end
new text begin Subd. 23. new text end
new text begin Refusal to accept recommended orders. new text end
new text begin
(a) If the commissioner refuses to
accept the recommended order from the children, youth, and families judge, the person
involved, the person's attorney or authorized representative, and the agency shall be sent a
copy of the recommended order, a detailed explanation of the basis for refusing to accept
the recommended order, and the proposed modified order.
new text end
new text begin
(b) The person involved and the agency shall have at least ten business days to respond
to the proposed modification of the recommended order. The person involved and the agency
may submit a legal argument concerning the proposed modification, and may propose to
submit additional evidence that relates to the proposed modified order.
new text end
new text begin Subd. 24. new text end
new text begin Reconsideration. new text end
new text begin
(a) Reconsideration may be requested within 30 days of
the date of the commissioner's final order. If reconsideration is requested under section
142A.20, subdivision 5, the other participants in the appeal shall be informed of the request.
The person seeking reconsideration has the burden to demonstrate why the matter should
be reconsidered. The request for reconsideration may include legal argument and may
include proposed additional evidence supporting the request. The other participants shall
be sent a copy of all material submitted in support of the request for reconsideration and
must be given ten days to respond.
new text end
new text begin
(b) When the requesting party raises a question as to the appropriateness of the findings
of fact, the commissioner shall review the entire record.
new text end
new text begin
(c) When the requesting party questions the appropriateness of a conclusion of law, the
commissioner shall consider the recommended decision, the decision under reconsideration,
and the material submitted in connection with the reconsideration. The commissioner shall
review the remaining record as necessary to issue a reconsidered decision.
new text end
new text begin
(d) The commissioner shall issue a written decision on reconsideration in a timely fashion.
The decision must clearly inform the parties that this constitutes the final administrative
decision, advise the participants of the right to seek judicial review, and the deadline for
doing so.
new text end
new text begin Subd. 25. new text end
new text begin Access to appeal decisions. new text end
new text begin
Appeal decisions must be maintained in a manner
so that the public has ready access to previous decisions on particular topics, subject to
appropriate procedures for safeguarding names, personal identifying information, and other
private data on the individual persons involved in the appeal.
new text end
Sec. 40.
new text begin
[142A.22] OVERPAYMENTS BECOME JUDGMENTS BY OPERATION
OF LAW.
new text end
new text begin Subdivision 1. new text end
new text begin Qualifying overpayment. new text end
new text begin
Any overpayment for assistance granted under
chapters 142E and 142G and the Supplemental Nutrition Assistance Program (SNAP),
except agency error claims, become a judgment by operation of law 90 days after the notice
of overpayment is personally served upon the recipient in a manner that is sufficient under
rule 4.03(a) of the Rules of Civil Procedure for district courts, or by certified mail, return
receipt requested. This judgment shall be entitled to full faith and credit in this and any
other state.
new text end
new text begin Subd. 2. new text end
new text begin Overpayments included. new text end
new text begin
This section is limited to overpayments for which
notification is issued within the time period specified under section 541.05.
new text end
new text begin Subd. 3. new text end
new text begin Notification requirements. new text end
new text begin
A judgment is only obtained after:
new text end
new text begin
(1) a notice of overpayment has been personally served on the recipient or former recipient
in a manner sufficient under rule 4.03(a) of the Rules of Civil Procedure for district courts,
or mailed to the recipient or former recipient certified mail return receipt requested; and
new text end
new text begin
(2) the time period under section 142A.20, subdivision 3, has elapsed without a request
for a hearing, or a hearing decision has been rendered under section 142A.20 or 142A.27
that concludes the existence of an overpayment that meets the requirements of this section.
new text end
new text begin Subd. 4. new text end
new text begin Notice of overpayment. new text end
new text begin
The notice of overpayment shall include the amount
and cause of the overpayment, appeal rights, and an explanation of the consequences of the
judgment that will be established if an appeal is not filed timely or if the administrative
hearing decision establishes that there is an overpayment that qualifies for judgment.
new text end
new text begin Subd. 5. new text end
new text begin Judgments entered and docketed. new text end
new text begin
A judgment shall be entered and docketed
under section 548.09 only after at least three months have elapsed since:
new text end
new text begin
(1) the notice of overpayment was served on the recipient pursuant to subdivision 3; and
new text end
new text begin
(2) the last time a monthly recoupment was applied to the overpayment.
new text end
new text begin Subd. 6. new text end
new text begin Docketing of overpayments. new text end
new text begin
On or after the date an unpaid overpayment
becomes a judgment by operation of law under subdivision 1, the agency or public authority
may file with the court administrator:
new text end
new text begin
(1) a statement identifying, or a copy of, the overpayment notice that provides for an
appeal process and requires payment of the overpayment;
new text end
new text begin
(2) proof of service of the notice of overpayment;
new text end
new text begin
(3) an affidavit of default, stating the full name, occupation, place of residence, and last
known post office address of the debtor; the name and post office address of the agency or
public authority; the date or dates the overpayment was incurred; the program that was
overpaid; and the total amount of the judgment; and
new text end
new text begin
(4) an affidavit of service of a notice of entry of judgment shall be made by first class
mail at the address where the debtor was served with the notice of overpayment. Service is
completed upon mailing in the manner designated.
new text end
new text begin Subd. 7. new text end
new text begin Administrative renewal of overpayment judgments. new text end
new text begin
Overpayment judgments
may be renewed by service of notice upon the debtor. Service must be by first class mail at
the last known address of the debtor, with service deemed complete upon mailing in that
manner designated, or in the manner provided for the service of civil process. Upon filing
of the notice and proof of service, the court administrator shall administratively renew the
judgment for the overpayment without any additional filing fee in the same court file as the
original overpayment judgment. The judgment must be renewed in an amount equal to the
unpaid principal plus the accrued unpaid interest. Overpayment judgments may be renewed
multiple times until satisfied.
new text end
new text begin Subd. 8. new text end
new text begin Does not impede other methods. new text end
new text begin
Nothing in this section shall be construed
to impede or restrict alternative recovery methods for these overpayments or overpayments
that do not meet the requirements of this section.
new text end
Sec. 41.
new text begin
[142A.25] WRONGFULLY OBTAINING ASSISTANCE;
DISQUALIFICATION.
new text end
new text begin
Section 256.98 applies to:
new text end
new text begin
(1) all applicants for and recipients of benefits administered by the commissioner; and
new text end
new text begin
(2) child care providers receiving child care assistance under chapter 142E.
new text end
Sec. 42.
new text begin
[142A.26] FRAUD PREVENTION PROGRAM.
new text end
new text begin
(a) The commissioner of children, youth, and families shall work with the commissioner
of human services to oversee and administer the fraud prevention program in sections
256.981 to 256.9861.
new text end
new text begin
(b) All recipients of benefits administered by the commissioner of children, youth, and
families are subject to the requirements of sections 256.981 to 256.9861 and 256.9866.
new text end
Sec. 43.
new text begin
[142A.27] ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Hearing authority. new text end
new text begin
A local agency must initiate an administrative fraud
disqualification hearing for individuals accused of wrongfully obtaining assistance or
intentional program violations, in lieu of a criminal action when it has not been pursued, in
the Minnesota family investment program and any affiliated program to include the
diversionary work program and the work participation cash benefit program, child care
assistance programs, and the Supplemental Nutrition Assistance Program (SNAP). The
Department of Children, Youth, and Families, in lieu of a local agency, may initiate an
administrative fraud disqualification hearing when the state agency is directly responsible
for administration or investigation of the program for which benefits were wrongfully
obtained. The hearing is subject to the requirements of sections 142A.20 and 142A.21 and
the requirements in Code of Federal Regulations, title 7, section 273.16.
new text end
new text begin Subd. 2. new text end
new text begin Combined hearing. new text end
new text begin
The children, youth, and families judge may combine a
fair hearing under section 142A.20 and administrative fraud disqualification hearing under
this section into a single hearing if the factual issues arise out of the same, or related,
circumstances and the individual receives prior notice that the hearings will be combined.
If the administrative fraud disqualification hearing and fair hearing are combined, the time
frames for administrative fraud disqualification hearings specified in Code of Federal
Regulations, title 7, section 273.16, apply. If the individual accused of wrongfully obtaining
assistance is charged under section 142A.25 or 256.98 for the same act or acts that are the
subject of the hearing, the individual may request that the hearing be delayed until the
criminal charge is decided by the court or withdrawn.
new text end
new text begin
(b) A human services judge may combine a fair hearing and administrative fraud
disqualification hearing pursuant to section 142A.27, subdivision 2, or 256.046, subdivision
2, if either is under the jurisdiction of the commissioner of human services or the
commissioner of children, youth, and families.
new text end
Sec. 44.
new text begin
[142A.28] RECOVERY OF MONEY; APPORTIONMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Retention rates. new text end
new text begin
(a) When an assistance recovery amount is collected
and posted by a county agency under the provisions governing public assistance programs,
the county may keep one-half of the recovery made by the county agency using any method
other than recoupment.
new text end
new text begin
(b) This section does not apply to recoveries by the attorney general's office or child
support collections. In the Supplemental Nutrition Assistance Program (SNAP), the
nonfederal share of recoveries in the federal tax offset program only will be divided equally
between the state agency and the involved county agency.
new text end
new text begin Subd. 2. new text end
new text begin Retention rates for AFDC and MFIP. new text end
new text begin
(a) When an assistance recovery amount
is collected and posted by a county agency under the provisions governing the aid to families
with dependent children program formerly codified in 1996 in sections 256.72 to 256.87
or MFIP under chapter 142G, the commissioner shall reimburse the county agency from
the proceeds of the recovery using the applicable rate specified in paragraph (b) or (c).
new text end
new text begin
(b) For recoveries of overpayments made on or before September 30, 1996, from the
aid to families with dependent children program including the emergency assistance program,
the commissioner shall reimburse the county agency at a rate of one-quarter of the recovery
made by any method other than recoupment.
new text end
new text begin
(c) For recoveries of overpayments made after September 30, 1996, from the aid to
families with dependent children including the emergency assistance program and programs
funded in whole or in part by the temporary assistance to needy families program under
section 142G.03, subdivision 2, and recoveries of nonfederally funded food assistance under
section 142G.11, the commissioner shall reimburse the county agency at a rate of one-quarter
of the recovery made by any method other than recoupment.
new text end
Sec. 45.
Minnesota Statutes 2022, section 245.814, subdivision 5, is amended to read:
Subd. 5.
Foster care parent liability insurance.
The commissionernew text begin of children, youth,
and familiesnew text end may use federal reimbursement money earned on an expenditure for foster
care parent liability insurance premiums to offset the costs of the premiums.new text begin The
commissioner of children, youth, and families and human services will work with the
insurance provider to transition coverage and responsibility as appropriate while avoiding
a lapse in coverage.
new text end
Sec. 46.
Minnesota Statutes 2022, section 256.01, subdivision 1, is amended to read:
Subdivision 1.
Powers transferred.
All the powers and duties now vested in or imposed
upon the State Board of Control by the laws of this state or by any law of the United States
are hereby transferred to, vested in, and imposed upon the commissioner of human services,
except the powers and duties otherwise specifically transferred by Laws 1939, chapter 431,
to other agencies. The commissioner of human services is hereby constituted the "state
agency" as defined by the Social Security Act of the United States and the laws of this statenew text begin ,
except for the purposes of Title IV of the Social Security Actnew text end .
Sec. 47.
Minnesota Statutes 2022, section 256.01, subdivision 2, is amended to read:
Subd. 2.
Specific powers.
Subject to the provisions of section 241.021, subdivision 2,
the commissioner of human services shall carry out the specific duties in paragraphs (a)
through (bb):
(a) Administer and supervise deleted text begin alldeleted text end new text begin thenew text end forms of public assistance provided for by state law
and other welfare activities or services deleted text begin asdeleted text end new text begin thatnew text end are vested in the commissioner. Administration
and supervision of human services activities or services includes, but is not limited to,
assuring timely and accurate distribution of benefits, completeness of service, and quality
program management. In addition to administering and supervising human services activities
vested by law in the department, the commissioner shall have the authority to:
(1) require county agency participation in training and technical assistance programs to
promote compliance with statutes, rules, federal laws, regulations, and policies governing
human services;
(2) monitor, on an ongoing basis, the performance of county agencies in the operation
and administration of human services, enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote excellence of administration
and program operation;
(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;
(4) require county agencies to make an adjustment to the public assistance benefits issued
to any individual consistent with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 256.017;
(6) make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using appropriated funds; and
(7) enter into contractual agreements with federally recognized Indian Tribes with a
reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved
family assistance program or any other program under the supervision of the commissioner.
The commissioner shall consult with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be included, in order to avoid the
duplication of county and Tribal assistance program services. The commissioner may
establish necessary accounts for the purposes of receiving and disbursing funds as necessary
for the operation of the programs.
new text begin
The commissioner shall work in conjunction with the commissioner of children, youth, and
families to carry out the duties of this paragraph when necessary and feasible.
new text end
(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
regulation, and policy necessary to county agency administration of the programs.
deleted text begin
(c) Administer and supervise all child welfare activities; promote the enforcement of
laws protecting children with a disability and children who are dependent, neglected, or
delinquent, and children born to mothers who were not married to the children's fathers at
the times of the conception nor at the births of the children; license and supervise child-caring
and child-placing agencies and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform all functions relating to the
field of child welfare now vested in the State Board of Control.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end Administer and supervise all noninstitutional service to persons with disabilities,
including persons who have vision impairments, and persons who are deaf, deafblind, and
hard-of-hearing or with other disabilities. The commissioner may provide and contract for
the care and treatment of qualified indigent children in facilities other than those located
and available at state hospitals when it is not feasible to provide the service in state hospitals.
deleted text begin (e)deleted text end new text begin (d)new text end Assist and actively cooperate with other departments, agencies and institutions,
local, state, and federal, by performing services in conformity with the purposes of Laws
1939, chapter 431.
deleted text begin (f)deleted text end new text begin (e)new text end Act as the agent of and cooperate with the federal government in matters of mutual
concern relative to and in conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the state to aid in the performance
of any functions of the commissioner as specified in Laws 1939, chapter 431, and including
the promulgation of rules making uniformly available medical care benefits to all recipients
of public assistance, at such times as the federal government increases its participation in
assistance expenditures for medical care to recipients of public assistance, the cost thereof
to be borne in the same proportion as are grants of aid to said recipients.
deleted text begin (g)deleted text end new text begin (f)new text end Establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all divisions of the department.
deleted text begin (h)deleted text end new text begin (g)new text end Act as designated guardian of both the estate and the person of all the wards of
the state of Minnesota, whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons committed as developmentally
disabled. deleted text begin For children under the guardianship of the commissioner or a Tribe in Minnesota
recognized by the Secretary of the Interior whose interests would be best served by adoptive
placement, the commissioner may contract with a licensed child-placing agency or a
Minnesota Tribal social services agency to provide adoption services. A contract with a
licensed child-placing agency must be designed to supplement existing county efforts and
may not replace existing county programs or Tribal social services, unless the replacement
is agreed to by the county board and the appropriate exclusive bargaining representative,
Tribal governing body, or the commissioner has evidence that child placements of the county
continue to be substantially below that of other counties. Funds encumbered and obligated
under an agreement for a specific child shall remain available until the terms of the agreement
are fulfilled or the agreement is terminated.
deleted text end
deleted text begin (i)deleted text end new text begin (h)new text end Act as coordinating referral and informational center on requests for service for
newly arrived immigrants coming to Minnesota.
deleted text begin (j)deleted text end new text begin (i)new text end The specific enumeration of powers and duties as hereinabove set forth shall in
no way be construed to be a limitation upon the general transfer of powers herein contained.
deleted text begin (k)deleted text end new text begin (j)new text end Establish county, regional, or statewide schedules of maximum fees and charges
which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
nursing home care and medicine and medical supplies under all programs of medical care
provided by the state and for congregate living care under the income maintenance programs.
deleted text begin (l)deleted text end new text begin (k)new text end Have the authority to conduct and administer experimental projects to test methods
and procedures of administering assistance and services to recipients or potential recipients
of public welfare. To carry out such experimental projects, it is further provided that the
commissioner of human services is authorized to waive the enforcement of existing specific
statutory program requirements, rules, and standards in one or more counties. The order
establishing the waiver shall provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and
in no event shall the duration of a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the provisions of this section
shall become effective until the following conditions have been met:
(1) the deleted text begin secretary of health and human services of thedeleted text end United States new text begin Secretary of Health
and Human Services new text end has agreed, for the same project, to waive state plan requirements
relative to statewide uniformity; and
(2) a comprehensive plan, including estimated project costs, shall be approved by the
Legislative Advisory Commission and filed with the commissioner of administration.
deleted text begin (m)deleted text end new text begin (l)new text end According to federal requirementsnew text begin and in coordination with the commissioner
of children, youth, and familiesnew text end , establish procedures to be followed by local welfare boards
in creating citizen advisory committees, including procedures for selection of committee
members.
deleted text begin (n)deleted text end new text begin (m)new text end Allocate federal fiscal disallowances or sanctions which are based on quality
control error rates for deleted text begin the aid to families with dependent children program formerly codified
in sections 256.72 to 256.87,deleted text end medical assistancedeleted text begin , or the Supplemental Nutrition Assistance
Program (SNAP)deleted text end in the following manner:
(1) one-half of the total amount of the disallowance shall be borne by the county boards
responsible for administering the programs. deleted text begin For the medical assistance and the AFDC
program formerly codified in sections 256.72 to 256.87,deleted text end Disallowances shall be shared by
each county board in the same proportion as that county's expenditures for the sanctioned
program are to the total of all counties' expenditures for deleted text begin the AFDC program formerly codified
in sections 256.72 to 256.87, anddeleted text end medical assistance deleted text begin programsdeleted text end . deleted text begin For SNAP, sanctions shall
be shared by each county board, with 50 percent of the sanction being distributed to each
county in the same proportion as that county's administrative costs for SNAP benefits are
to the total of all SNAP administrative costs for all counties, and 50 percent of the sanctions
being distributed to each county in the same proportion as that county's value of SNAP
benefits issued are to the total of all benefits issued for all counties.deleted text end Each county shall pay
its share of the disallowance to the state of Minnesota. When a county fails to pay the amount
due hereunder, the commissioner may deduct the amount from reimbursement otherwise
due the county, or the attorney general, upon the request of the commissioner, may institute
civil action to recover the amount due; and
(2) notwithstanding the provisions of clause (1), if the disallowance results from knowing
noncompliance by one or more counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the commissioner may require
payment or recover from the county or counties, in the manner prescribed in clause (1), an
amount equal to the portion of the total disallowance which resulted from the noncompliance,
and may distribute the balance of the disallowance according to clause (1).
deleted text begin (o)deleted text end new text begin (n)new text end Develop and implement special projects that maximize reimbursements and result
in the recovery of money to the state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any recoveries that result from
projects or contracts entered into under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the account reaches $1,000,000. When
the balance in the account exceeds $1,000,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated to the commissioner for the
purposes of this paragraph.
deleted text begin (p)deleted text end new text begin (o)new text end Have the authority to establish and enforce the following county reporting
requirements:
(1) the commissioner shall establish fiscal and statistical reporting requirements necessary
to account for the expenditure of funds allocated to counties for human services programs.
When establishing financial and statistical reporting requirements, the commissioner shall
evaluate all reports, in consultation with the counties, to determine if the reports can be
simplified or the number of reports can be reduced;
(2) the county board shall submit monthly or quarterly reports to the department as
required by the commissioner. Monthly reports are due no later than 15 working days after
the end of the month. Quarterly reports are due no later than 30 calendar days after the end
of the quarter, unless the commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss
of federal funding. Only reports that are complete, legible, and in the required format shall
be accepted by the commissioner;
(3) if the required reports are not received by the deadlines established in clause (2), the
commissioner may delay payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the use of federal funds and the
late report results in a reduction in federal funding, the commissioner shall withhold from
the county boards with late reports an amount equal to the reduction in federal funding until
full federal funding is received;
(4) a county board that submits reports that are late, illegible, incomplete, or not in the
required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner shall
notify the county board of the reason the county board is considered noncompliant and
request that the county board develop a corrective action plan stating how the county board
plans to correct the problem. The corrective action plan must be submitted to the
commissioner within 45 days after the date the county board received notice of
noncompliance;
(5) the final deadline for fiscal reports or amendments to fiscal reports is one year after
the date the report was originally due. If the commissioner does not receive a report by the
final deadline, the county board forfeits the funding associated with the report for that
reporting period and the county board must repay any funds associated with the report
received for that reporting period;
(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to enable the county to comply with
the requirements. If the county board disagrees with an action taken by the commissioner
under clause (3) or (5), the county board may appeal the action according to sections 14.57
to 14.69; and
(7) counties subject to withholding of funds under clause (3) or forfeiture or repayment
of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover
costs incurred due to actions taken by the commissioner under clause (3) or (5).
deleted text begin (q)deleted text end new text begin (p)new text end Allocate federal fiscal disallowances or sanctions for audit exceptions when
federal fiscal disallowances or sanctions are based on a statewide random sample in direct
proportion to each county's claim for that period.
deleted text begin (r)deleted text end new text begin (q)new text end Be responsible for ensuring the detection, prevention, investigation, and resolution
of fraudulent activities or behavior by applicants, recipients, and other participants in the
human services programs administered by the department.
deleted text begin (s)deleted text end new text begin (r)new text end Require county agencies to identify overpayments, establish claims, and utilize
all available and cost-beneficial methodologies to collect and recover these overpayments
in the human services programs administered by the department.
deleted text begin (t)deleted text end new text begin (s)new text end Have the authority to administer the federal drug rebate program for drugs
purchased under the medical assistance program as allowed by section 1927 of title XIX of
the Social Security Act and according to the terms and conditions of section 1927. Rebates
shall be collected for all drugs that have been dispensed or administered in an outpatient
setting and that are from manufacturers who have signed a rebate agreement with the United
States Department of Health and Human Services.
deleted text begin (u)deleted text end new text begin (t)new text end Have the authority to administer a supplemental drug rebate program for drugs
purchased under the medical assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the provisions of section
256B.0625, subdivision 13.
deleted text begin (v)deleted text end new text begin (u)new text end Operate the department's communication systems account established in Laws
1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs the commissioner
supervises. A communications account may also be established for each regional treatment
center which operates communications systems. Each account must be used to manage
shared communication costs necessary for the operations of the programs the commissioner
supervises. The commissioner may distribute the costs of operating and maintaining
communication systems to participants in a manner that reflects actual usage. Costs may
include acquisition, licensing, insurance, maintenance, repair, staff time and other costs as
determined by the commissioner. Nonprofit organizations and state, county, and local
government agencies involved in the operation of programs the commissioner supervises
may participate in the use of the department's communications technology and share in the
cost of operation. The commissioner may accept on behalf of the state any gift, bequest,
devise or personal property of any kind, or money tendered to the state for any lawful
purpose pertaining to the communication activities of the department. Any money received
for this purpose must be deposited in the department's communication systems accounts.
Money collected by the commissioner for the use of communication systems must be
deposited in the state communication systems account and is appropriated to the
commissioner for purposes of this section.
deleted text begin (w)deleted text end new text begin (v)new text end Receive any federal matching money that is made available through the medical
assistance program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in either year of
the biennium.
deleted text begin (x)deleted text end new text begin (w)new text end Designate community information and referral call centers and incorporate cost
reimbursement claims from the designated community information and referral call centers
into the federal cost reimbursement claiming processes of the department according to
federal law, rule, and regulations. Existing information and referral centers provided by
Greater Twin Cities United Way or existing call centers for which Greater Twin Cities
United Way has legal authority to represent, shall be included in these designations upon
review by the commissioner and assurance that these services are accredited and in
compliance with national standards. Any reimbursement is appropriated to the commissioner
and all designated information and referral centers shall receive payments according to
normal department schedules established by the commissioner upon final approval of
allocation methodologies from the United States Department of Health and Human Services
Division of Cost Allocation or other appropriate authorities.
deleted text begin (y)deleted text end new text begin (x)new text end Develop recommended standards for new text begin adult new text end foster care homes that address the
components of specialized therapeutic services to be provided by new text begin adult new text end foster care homes
with those services.
deleted text begin (z)deleted text end new text begin (y)new text end Authorize the method of payment to or from the department as part of the human
services programs administered by the department. This authorization includes the receipt
or disbursement of funds held by the department in a fiduciary capacity as part of the human
services programs administered by the department.
deleted text begin (aa)deleted text end new text begin (z)new text end Designate the agencies that operate the Senior LinkAge Line under section
256.975, subdivision 7, and the Disability Hub under subdivision 24 as the state of Minnesota
Aging and Disability Resource Center under United States Code, title 42, section 3001, the
Older Americans Act Amendments of 2006, and incorporate cost reimbursement claims
from the designated centers into the federal cost reimbursement claiming processes of the
department according to federal law, rule, and regulations. Any reimbursement must be
appropriated to the commissioner and treated consistent with section 256.011. All Aging
and Disability Resource Center designated agencies shall receive payments of grant funding
that supports the activity and generates the federal financial participation according to Board
on Aging administrative granting mechanisms.
Sec. 48.
Minnesota Statutes 2022, section 256.01, subdivision 4, is amended to read:
Subd. 4.
Duties as state agency.
(a) The state agency shall:
deleted text begin
(1) supervise the administration of assistance to dependent children under Laws 1937,
chapter 438, by the county agencies in an integrated program with other service for dependent
children maintained under the direction of the state agency;
deleted text end
deleted text begin
(2) establish adequate standards for personnel employed by the counties and the state
agency in the administration of Laws 1937, chapter 438, and make the necessary rules to
maintain such standards;
deleted text end
deleted text begin (3)deleted text end new text begin (1) in coordination with the commissioner of children, youth, and families,new text end prescribe
the form of and print and supply to the county agencies blanks for applications, reports,
affidavits, and such other forms as it may deem necessary and advisable;
deleted text begin
(4) cooperate with the federal government and its public welfare agencies in any
reasonable manner as may be necessary to qualify for federal aid for temporary assistance
for needy families and in conformity with title I of Public Law 104-193, the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 and successor amendments,
including the making of such reports and such forms and containing such information as
the Federal Social Security Board may from time to time require, and comply with such
provisions as such board may from time to time find necessary to assure the correctness
and verification of such reports;
deleted text end
deleted text begin (5)deleted text end new text begin (2)new text end on or before October 1 in each even-numbered year make a biennial report to the
governor concerning the activities of the agency;
deleted text begin (6)deleted text end new text begin (3)new text end enter into agreements with other departments of the state as necessary to meet
all requirements of the federal government;new text begin and
new text end
deleted text begin
(7) cooperate with the commissioner of education to enforce the requirements for program
integrity and fraud prevention for investigation for child care assistance under chapter 119B;
and
deleted text end
deleted text begin (8)deleted text end new text begin (4)new text end require that the county or Tribal case manager for any person who is notified that
their services will be terminated under section 245D.10, subdivision 3a, from residential
supports and services as defined in section 245D.03, subdivision 1, paragraph (c), clause
(3), develop an initial action plan within five business days of being notified of the
termination; request technical assistance from the state agency; and proceed to promptly
work to resolve the issues that led to the termination or arrange for alternative services as
expeditiously as possible within the 60-day notice period.
(b) The state agency may:
(1) subpoena witnesses and administer oaths, make rules, and take such action as may
be necessary or desirable for carrying out the provisions of Laws 1937, chapter 438. All
rules made by the state agency shall be binding on the counties and shall be complied with
by the respective county agencies;new text begin and
new text end
deleted text begin
(2) cooperate with other state agencies in establishing reciprocal agreements in instances
where a child receiving Minnesota family investment program assistance moves or
contemplates moving into or out of the state, in order that the child may continue to receive
supervised aid from the state moved from until the child has resided for one year in the state
moved to; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end administer oaths and affirmations, take depositions, certify to official acts, and
issue subpoenas to compel the attendance of individuals and the production of documents
and other personal property necessary in connection with the administration of programs
administered by, or for the purpose of any investigation, hearing, proceeding, or inquiry
related to the duties and responsibilities of, the Department of Human Services.
(c) The fees for service of a subpoena in paragraph (b), clause deleted text begin (3)deleted text end new text begin (2)new text end , must be paid in
the same manner as prescribed by law for a service of process issued by a district court.
Witnesses must receive the same fees and mileage as in civil actions.
(d) The subpoena in paragraph (b), clause deleted text begin (3)deleted text end new text begin (2)new text end , shall be enforceable through the district
court in the district where the subpoena is issued.
(e) A subpoena issued under this subdivision must state that the person to whom the
subpoena is directed may not disclose the fact that the subpoena was issued or the fact that
the requested records have been given to law enforcement personnel or agents of the
commissioner except:
(1) insofar as the disclosure is necessary and agreed upon by the commissioner, to find
and disclose the records; or
(2) pursuant to court order.
Sec. 49.
Minnesota Statutes 2022, section 256.01, subdivision 5, is amended to read:
Subd. 5.
Gifts, contributions, pensions and benefits; acceptance.
deleted text begin The commissioner
shall have the power and authority to accept in behalf of the state contributions and gifts
for the use and benefit of children under the guardianship or custody of the commissioner;deleted text end
The commissioner may deleted text begin alsodeleted text end receive and accept on behalf of deleted text begin such children, and on behalf
ofdeleted text end patients and residents at the several state hospitals for persons with mental illness or
developmental disabilities during the period of their hospitalization and while on provisional
discharge therefrom, money due and payable to them as old age and survivors insurance
benefits, veterans benefits, pensions or other such monetary benefits. Such gifts,
contributions, pensions and benefits shall be deposited in and disbursed from the social
welfare fund provided for in sections 256.88 to 256.92.
Sec. 50.
Minnesota Statutes 2022, section 256.01, subdivision 12, is amended to read:
Subd. 12.
Child mortality review panel.
(a) The commissioner shall establish a child
mortality review panel to review deaths of children in Minnesota, including deaths attributed
to maltreatment or in which maltreatment may be a contributing cause and to review near
fatalities as defined in section 260E.35. The commissioners of health, education, new text begin human
services, new text end and public safety and the attorney general shall each designate a representative to
the child mortality review panel. Other panel members shall be appointed by the
commissioner, including a board-certified pathologist and a physician who is a coroner or
a medical examiner. The purpose of the panel shall be to make recommendations to the
state and to county agencies for improving the child protection system, including
modifications in statute, rule, policy, and procedure.
(b) The commissioner may require a county agency to establish a local child mortality
review panel. The commissioner may establish procedures for conducting local reviews
and may require that all professionals with knowledge of a child mortality case participate
in the local review. In this section, "professional" means a person licensed to perform or a
person performing a specific service in the child protective service system. "Professional"
includes law enforcement personnel, social service agency attorneys, educators, and social
service, health care, and mental health care providers.
(c) If the commissioner of human services has reason to believe that a child's death was
caused by maltreatment or that maltreatment was a contributing cause, the commissioner
has access to not public data under chapter 13 maintained by state agencies, statewide
systems, or political subdivisions that are related to the child's death or circumstances
surrounding the care of the child. The commissioner shall also have access to records of
private hospitals as necessary to carry out the duties prescribed by this section. Access to
data under this paragraph is limited to police investigative data; autopsy records and coroner
or medical examiner investigative data; hospital, public health, or other medical records of
the child; hospital and other medical records of the child's parent that relate to prenatal care;
and records created by social service agencies that provided services to the child or family
within three years preceding the child's death. A state agency, statewide system, or political
subdivision shall provide the data upon request of the commissioner. Not public data may
be shared with members of the state or local child mortality review panel in connection with
an individual case.
(d) Notwithstanding the data's classification in the possession of any other agency, data
acquired by a local or state child mortality review panel in the exercise of its duties is
protected nonpublic or confidential data as defined in section 13.02, but may be disclosed
as necessary to carry out the purposes of the review panel. The data is not subject to subpoena
or discovery. The commissioner may disclose conclusions of the review panel, but shall
not disclose data that was classified as confidential or private data on decedents, under
section 13.10, or private, confidential, or protected nonpublic data in the disseminating
agency, except that the commissioner may disclose local social service agency data as
provided in section 260E.35, on individual cases involving a fatality or near fatality of a
person served by the local social service agency prior to the date of death.
(e) A person attending a child mortality review panel meeting shall not disclose what
transpired at the meeting, except to carry out the purposes of the mortality review panel.
The proceedings and records of the mortality review panel are protected nonpublic data as
defined in section 13.02, subdivision 13, and are not subject to discovery or introduction
into evidence in a civil or criminal action against a professional, the state or a county agency,
arising out of the matters the panel is reviewing. Information, documents, and records
otherwise available from other sources are not immune from discovery or use in a civil or
criminal action solely because they were presented during proceedings of the review panel.
A person who presented information before the review panel or who is a member of the
panel shall not be prevented from testifying about matters within the person's knowledge.
However, in a civil or criminal proceeding a person shall not be questioned about the person's
presentation of information to the review panel or opinions formed by the person as a result
of the review meetings.
Sec. 51.
Minnesota Statutes 2022, section 256.01, subdivision 16, is amended to read:
Subd. 16.
Information for persons with limited English-language proficiency.
deleted text begin By
July 1, 1998,deleted text end The commissioner shall implement a procedure for public assistance applicants
and recipients to identify a language preference other than English in order to receive
information pertaining to the public assistance programs in that preferred language.
Sec. 52.
Minnesota Statutes 2022, section 256.01, subdivision 18, is amended to read:
Subd. 18.
Immigration status verifications.
(a) Notwithstanding any waiver of this
requirement by the secretary of the United States Department of Health and Human Services,
deleted text begin effective July 1, 2001,deleted text end the commissioner shall utilize the Systematic Alien Verification for
Entitlements (SAVE) program to conduct immigration status verifications:
(1) as required under United States Code, title 8, section 1642;new text begin and
new text end
deleted text begin
(2) for all applicants for food assistance benefits, whether under the federal SNAP, the
MFIP or work first program, or the Minnesota food assistance program; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end for all applicants for general assistance, Minnesota supplemental aid,
MinnesotaCare, or housing support under chapter 256I, when the benefits provided by these
programs would fall under the definition of "federal public benefit" under United States
Code, title 8, section 1642, if federal funds were used to pay for all or part of the benefits.
(b) The commissioner shall comply with the reporting requirements under United States
Code, title 42, section 611a, and any federal regulation or guidance adopted under that law.
Sec. 53.
Minnesota Statutes 2022, section 256.01, subdivision 18a, is amended to read:
Subd. 18a.
Public Assistance Reporting Information System.
(a) deleted text begin Effective October
1, 2009,deleted text end The commissioner shall comply with the federal requirements in Public Law
110-379 in implementing the Public Assistance Reporting Information System (PARIS) to
determine eligibility for all individuals applying for:
(1) health care benefits under chapters 256B and 256L; and
(2) public benefits under chapters deleted text begin 119B,deleted text end 256Ddeleted text begin ,deleted text end and 256Ideleted text begin , and the supplemental nutrition
assistance programdeleted text end .
(b) The commissioner shall determine eligibility under paragraph (a) by performing data
matches, including matching with medical assistance, cash, child care, and supplemental
assistance programs operated by other states.
Sec. 54.
Minnesota Statutes 2022, section 256.01, subdivision 34, is amended to read:
Subd. 34.
Federal administrative reimbursement dedicated.
Federal administrative
reimbursement resulting from the following activities is appropriated to the commissioner
for the designated purposes:
(1) reimbursement for the Minnesota senior health options project;new text begin and
new text end
(2) reimbursement related to prior authorization, review of medical necessity, and
inpatient admission certification by a professional review organization. A portion of these
funds must be used for activities to decrease unnecessary pharmaceutical costs in medical
assistancedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) reimbursement resulting from the federal child support grant expenditures authorized
under United States Code, title 42, section 1315.
deleted text end
Sec. 55.
Minnesota Statutes 2022, section 256.012, subdivision 2, is amended to read:
Subd. 2.
Payment for services provided.
(a) The cost of merit system operations shall
be paid by counties and other entities that utilize merit system services. Total costs shall be
determined by the commissioner annually and must be set at a level that neither significantly
overrecovers nor underrecovers the costs of providing the service. The costs of merit system
services shall be prorated among participating counties in accordance with an agreement
between the commissioner and these counties. Participating counties will be billed quarterly
in advance and shall pay their share of the costs upon receipt of the billing.
(b) This subdivision does not apply to counties with personnel systems otherwise provided
by law that meet federal merit system requirements. A county that applies to withdraw from
the merit system must notify the commissioner of the county's intent to develop its own
personnel system. This notice must be provided in writing by December 31 of the year
preceding the year of final participation in the merit system. The county may withdraw after
the commissioner has certified that its personnel system meets federal merit system
requirements.
(c) A county merit system operations account is established in the special revenue fund.
Payments received by the commissioner for merit system costs must be deposited in the
merit system operations account and must be used for the purpose of providing the services
and administering the merit system.
deleted text begin
(d) County payment of merit system costs is effective July 1, 2003, however payment
for the period from July 1, 2003, through December 31, 2003, shall be made no later than
January 31, 2004.
deleted text end
Sec. 56.
Minnesota Statutes 2022, section 256.012, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin
Consultation with commissioner of children, youth, and families
required.
new text end
new text begin
The commissioner must consult with the commissioner of children, youth, and
families on the administration of the merit system, including on the requirements in this
section.
new text end
Sec. 57.
Minnesota Statutes 2022, section 256.016, is amended to read:
256.016 PLAIN LANGUAGE IN WRITTEN MATERIALS.
(a) To the extent reasonable and consistent with the goals of providing easily
understandable and readable materials and complying with federal and state laws governing
the programs, all written materials relating to services and determinations of eligibility for
or amounts of benefits that will be given to applicants for or recipients of assistance under
a program administered or supervised by the commissioner of human services must be
understandable to a person who reads at the seventh-grade level, using the Flesch scale
analysis readability score as determined under section 72C.09.
(b) All written materials relating to determinations of eligibility for or amounts of benefits
that will be given to applicants for or recipients of assistance under programs administered
or supervised by the commissioner of human services must be developed to satisfy the plain
language requirements of the Plain Language Contract Act under sections 325G.29 to
325G.36. Materials may be submitted to the attorney general for review and certification.
Notwithstanding section 325G.35, subdivision 1, the attorney general shall review submitted
materials to determine whether they comply with the requirements of section 325G.31. The
remedies available pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to these
materials. Failure to comply with this section does not provide a basis for suspending the
implementation or operation of other laws governing programs administered by the
commissioner.
(c) deleted text begin The requirements of this section apply to all materials modified or developed by the
commissioner on or after July 1, 1988.deleted text end The requirements of this section do not apply to
materials that must be submitted to a federal agency for approval, to the extent that
application of the requirements prevents federal approval.
(d) Nothing in this section may be construed to prohibit a lawsuit brought to require the
commissioner to comply with this section or to affect individual appeal rights granted
pursuant to section 256.045.
Sec. 58.
Minnesota Statutes 2022, section 256.017, subdivision 1, is amended to read:
Subdivision 1.
Authority and purpose.
new text begin
(a) The commissioner of human services shall
directly administer the compliance system for general assistance, medical assistance,
emergency general assistance, Minnesota supplemental assistance, housing support,
preadmission screening, alternative care grants, and all other programs administered by the
commissioner or on behalf of the commissioner under the powers and authorities named in
section 256.01, subdivision 2.
new text end
new text begin
(b) The commissioner of children, youth, and families shall administer the compliance
system for the Minnesota family investment program, the Supplemental Nutrition Assistance
Program (SNAP), the child care assistance program, and all other programs administered
by the commissioner or on behalf of the commissioner under the powers and authorities
named in section 142A.03, subdivision 2.
new text end
new text begin (c) new text end The deleted text begin commissionerdeleted text end new text begin commissioners of human services and children, youth, and families
new text end shallnew text begin cooperate as necessary tonew text end administer deleted text begin adeleted text end compliance deleted text begin system fordeleted text end new text begin systems related tonew text end the
Minnesota family investment program, the Supplemental Nutrition Assistance Program
(SNAP), deleted text begin emergency assistance,deleted text end general assistance, medical assistance, emergency general
assistance, Minnesota supplemental assistance, housing support, preadmission screening,
alternative care grants, the child care assistance program, and all other programs administered
by the commissioner new text begin of human services new text end or on behalf of the commissioner new text begin of human services
new text end under the powers and authorities named in section 256.01, subdivision 2.
new text begin (d) new text end The purpose of the compliance system is to permit the deleted text begin commissionerdeleted text end new text begin commissionersnew text end
to supervise the administration of public assistance programs and to enforce timely and
accurate distribution of benefits, completeness of service and efficient and effective program
management and operations, to increase uniformity and consistency in the administration
and delivery of public assistance programs throughout the state, and to reduce the possibility
of sanctions and fiscal disallowances for noncompliance with federal regulations and state
statutes. The deleted text begin commissionerdeleted text end new text begin commissionersnew text end , or the deleted text begin commissioner's representativedeleted text end new text begin
commissioners' representativesnew text end , may issue administrative subpoenas as needed in
administering the compliance system.
new text begin (e) new text end The deleted text begin commissionerdeleted text end new text begin commissionersnew text end shall utilize training, technical assistance, and
monitoring activities, as specified in deleted text begin sectiondeleted text end new text begin sections 142A.03, subdivision 2, andnew text end 256.01,
subdivision 2, to encourage county agency compliance with written policies and procedures.
Sec. 59.
Minnesota Statutes 2022, section 256.017, subdivision 2, is amended to read:
Subd. 2.
Definitions.
The following terms have the meanings given for purposes of this
section.
(a) "Administrative penalty" means an adjustment against the county agency's state and
federal benefit and federal administrative reimbursement when the commissioner determines
that the county agency is not in compliance with the policies and procedures established by
the commissioner.
new text begin
(b) "Commissioner" means the commissioner of human services for programs listed in
subdivision 1, paragraph (b), and the commissioner of children, youth, and families for
programs listed in subdivision 1, paragraph (c).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end "Quality control case penalty" means an adjustment against the county agency's
federal administrative reimbursement and state and federal benefit reimbursement when
the commissioner determines through a quality control review that the county agency has
made incorrect payments, terminations, or denials of benefits as determined by state quality
control procedures for the aid to families with dependent children program formerly codified
in sections 256.72 to 256.87, Minnesota family investment program, SNAP, or medical
assistance programs, or any other programs for which the commissioner has developed a
quality control system. Quality control case penalties apply only to agency errors as defined
by state quality control procedures.
deleted text begin (c)deleted text end new text begin (d)new text end "Quality control/quality assurance" means a review system of a statewide random
sample of cases, designed to provide data on program outcomes and the accuracy with which
state and federal policies are being applied in issuing benefits and as a fiscal audit to ensure
the accuracy of expenditures. The quality control/quality assurance system is administered
by the department. For the aid to families with dependent children program formerly codified
in sections 256.72 to 256.87, SNAP, and medical assistance, the quality control system is
that required by federal regulation, or those developed by the commissioner.
Sec. 60.
Minnesota Statutes 2022, section 256.017, subdivision 3, is amended to read:
Subd. 3.
Quality control case penalty.
The deleted text begin departmentdeleted text end new text begin commissionernew text end shall disallow,
withhold, or deny state and federal benefit reimbursement and federal administrative
reimbursement payment to a county when the commissioner determines that the county has
incorrectly issued benefits or incorrectly denied or terminated benefits. These cases shall
be identified by state quality control reviews.
Sec. 61.
Minnesota Statutes 2022, section 256.017, subdivision 5, is amended to read:
Subd. 5.
Administrative penalties.
The deleted text begin departmentdeleted text end new text begin commissionernew text end shall disallow or
withhold state and federal benefit reimbursement and federal administrative reimbursement
from county agencies when the actions performed by the county agency are not in compliance
with the written policies and procedures established by the commissioner. The policies and
procedures must be previously communicated to the county agency. A county agency shall
not be penalized for complying with a written policy or procedure, even if the policy or
procedure is found to be erroneous and is subsequently rescinded by the commissioner.
Sec. 62.
Minnesota Statutes 2022, section 256.017, subdivision 7, is amended to read:
Subd. 7.
Process and exception.
(a)(1) The deleted text begin departmentdeleted text end new text begin commissionernew text end shall notify the
county agency in writing of all proposed quality control case penalties.
(2) The county agency may submit a written exception of the quality control error claim
and proposed penalty. The exception must be submitted to the commissioner within ten
calendar days of the receipt of the penalty notice.
(3) Within 20 calendar days of receipt of the written exception, the commissioner shall
sustain, dismiss, or amend the quality control findings and case penalty and notify the county
agency, in writing, of the decision and the amount of any penalty. The commissioner's
decision is not subject to judicial review.
(b)(1) The deleted text begin departmentdeleted text end new text begin commissionernew text end shall notify the county agency in writing of any
proposed administrative penalty, the date by which the county agency must correct the
issues noted in the penalty, and the time period within which the county agency must submit
a corrective action plan for compliance.
(2) If the county agency fails to submit a corrective action plan within the stated time
period, or if the corrective action plan does not bring the agency into compliance as
determined by the deleted text begin departmentdeleted text end new text begin commissionernew text end , or if the county agency fails to meet the
commitments in the corrective action plan, the deleted text begin departmentdeleted text end new text begin commissionernew text end shall issue the
administrative penalty and notify the county agency in writing.
(3) The county agency may file written exception to the administrative penalty with the
commissioner within 30 days of the receipt of the deleted text begin department'sdeleted text end new text begin commissioner'snew text end notice of
issuing the administrative penalty. The county agency must notify the commissioner of its
intent to file a written exception within ten days of the delivery of the deleted text begin department'sdeleted text end new text begin
commissioner'snew text end notice of the administrative penalty. If the county agency does not notify
the commissioner of its intent to file and does not file a written exception within the
prescribed time periods, the department's initial decision shall be final.
(4) The commissioner shall sustain, dismiss, or amend the administrative penalty findings,
and shall issue a written order to the county agency within 30 calendar days after receiving
the county agency's written exception.
Sec. 63.
Minnesota Statutes 2022, section 256.018, is amended to read:
256.018 COUNTY PUBLIC ASSISTANCE INCENTIVE FUND.
The commissioner new text begin of human services, in coordination with the commissioner of children,
youth, and families, new text end shall grant incentive awards of money specifically appropriated for this
purpose to counties: (1) that have not been assessed an administrative penalty under section
256.017 in the corresponding fiscal year; and (2) that perform satisfactorily according to
indicators established by the commissioner.
After consultation with county agencies, the commissioner shall inform county agencies
in writing of the performance indicators that govern the awarding of the incentive fund for
each fiscal year by April of the preceding fiscal year.
The commissioner may set performance indicators to govern the awarding of the total
fund, may allocate portions of the fund to be awarded by unique indicators, or may set a
sole indicator to govern the awarding of funds.
The funds shall be awarded to qualifying county agencies according to their share of
benefits for the programs related to the performance indicators governing the distribution
of the fund or part of it as compared to the total benefits of all qualifying county agencies
for the programs related to the performance indicators governing the distribution of the fund
or part of it.
Sec. 64.
Minnesota Statutes 2022, section 256.019, subdivision 1, is amended to read:
Subdivision 1.
Retention rates.
When an assistance recovery amount is collected and
posted by a county agency under the provisions governing public assistance programs
including general assistance medical care formerly codified in chapter 256D, general
assistance, and Minnesota supplemental aid, the county may keep one-half of the recovery
made by the county agency using any method other than recoupment. For medical assistance,
if the recovery is made by a county agency using any method other than recoupment, the
county may keep one-half of the nonfederal share of the recovery. For MinnesotaCare, if
the recovery is collected and posted by the county agency, the county may keep one-half
of the nonfederal share of the recovery.
This does not apply to recoveries from medical providers or to recoveries begun by the
Department of Human Services' Surveillance and Utilization Review Division, State Hospital
Collections Unit, and the Benefit Recoveries Division or, by the attorney general's office,
or child support collections. deleted text begin In the Supplemental Nutrition Assistance Program (SNAP),
the nonfederal share of recoveries in the federal tax offset program only will be divided
equally between the state agency and the involved county agency.
deleted text end
Sec. 65.
Minnesota Statutes 2022, section 256.019, subdivision 2, is amended to read:
Subd. 2.
Retention rates for deleted text begin AFDC anddeleted text end MFIP.
(a) When an assistance recovery amount
is collected and posted by a county agency under the provisions governing deleted text begin the aid to families
with dependent children program formerly codified in 1996 in sections 256.72 to 256.87
ordeleted text end MFIP under chapter 256J, the commissioner shall reimburse the county agency from the
proceeds of the recovery using the applicable rate specified in paragraph (b) deleted text begin or (c)deleted text end .
deleted text begin
(b) For recoveries of overpayments made on or before September 30, 1996, from the
aid to families with dependent children program including the emergency assistance program,
the commissioner shall reimburse the county agency at a rate of one-quarter of the recovery
made by any method other than recoupment.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end For recoveries of overpayments deleted text begin made after September 30, 1996, from the aid to
families with dependent children including the emergency assistance program anddeleted text end new text begin fromnew text end
programs funded in whole or in part by the temporary assistance to needy families program
under section 256J.02, subdivision 2, and recoveries of nonfederally funded food assistance
under section 256J.11, the commissioner shall reimburse the county agency at a rate of
one-quarter of the recovery made by any method other than recoupment.
Sec. 66.
Minnesota Statutes 2022, section 256.029, is amended to read:
256.029 DOMESTIC VIOLENCE INFORMATIONAL BROCHURE.
(a) The commissioner shall provide a domestic violence informational brochure that
provides information about the existence of domestic violence waivers for eligible public
assistance applicants to all applicants of general assistance, deleted text begin Minnesota family investment
program,deleted text end medical assistance, and MinnesotaCare. The brochure must explain that eligible
applicants may be temporarily waived from certain program requirements due to domestic
violence. The brochure must provide information about services and other programs to help
victims of domestic violence.
(b) The brochure must be funded with TANF funds.
Sec. 67.
Minnesota Statutes 2023 Supplement, section 256.045, subdivision 3, is amended
to read:
Subd. 3.
State agency hearings.
(a) State agency hearings are available for the following:
(1) any personnew text begin :
new text end
new text begin (i)new text end applying for, receiving or having received public assistance, medical care, or a program
of social services deleted text begin granted by the state agencydeleted text end new text begin administered by the commissionernew text end or a county
agency deleted text begin or the federal Food and Nutrition Actdeleted text end new text begin on behalf of the commissioner; and
new text end
new text begin (ii)new text end whose application for assistance is denied, not acted upon with reasonable promptness,
or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly
paid;
(2) any patient or relative aggrieved by an order of the commissioner under section
252.27;
(3) a party aggrieved by a ruling of a prepaid health plan;
(4) except as provided under chapter 245C, any individual or facility determined by a
lead investigative agency to have maltreated a vulnerable adult under section 626.557 after
they have exercised their right to administrative reconsideration under section 626.557;
deleted text begin
(5) any person whose claim for foster care payment according to a placement of the
child resulting from a child protection assessment under chapter
deleted text end
deleted text begin
260E
deleted text end
deleted text begin
is denied or not acted
upon with reasonable promptness, regardless of funding source;
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end any person to whom a right of appeal according to this section is given by other
provision of law;
deleted text begin (7)deleted text end new text begin (6)new text end an applicant aggrieved by an adverse decision to an application for a hardship
waiver under section 256B.15;
deleted text begin (8)deleted text end new text begin (7)new text end an applicant aggrieved by an adverse decision to an application or redetermination
for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
deleted text begin
(9) except as provided under chapter
deleted text end
deleted text begin
245A
deleted text end
deleted text begin
, an individual or facility determined to have
maltreated a minor under chapter
deleted text end
deleted text begin
260E
deleted text end
deleted text begin
, after the individual or facility has exercised the
right to administrative reconsideration under chapter
deleted text end
deleted text begin
260E
deleted text end
deleted text begin
;
deleted text end
deleted text begin (10)deleted text end new text begin (8)new text end except as provided under chapter 245Cnew text begin and except for a subject of a background
study that the commissioner has conducted on behalf of another agency for a program or
facility not otherwise overseen by the commissionernew text end , an individual disqualified under sections
245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
individual has committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment
determination under clause (4) or deleted text begin (9)deleted text end new text begin (8) or section 142A.20, subdivision 3, clause (4),new text end and
a disqualification under this clause in which the basis for a disqualification is serious or
recurring maltreatment, shall be consolidated into a single fair hearing. In such cases, the
scope of review by the human services judge shall include both the maltreatment
determination and the disqualification. The failure to exercise the right to an administrative
reconsideration shall not be a bar to a hearing under this section if federal law provides an
individual the right to a hearing to dispute a finding of maltreatment;
deleted text begin (11)deleted text end new text begin (9)new text end any person with an outstanding debt resulting from receipt of public assistancedeleted text begin ,deleted text end new text begin
administered by the commissioner ornew text end medical caredeleted text begin , or the federal Food and Nutrition Actdeleted text end
who is contesting a setoff claim by the Department of Human Services or a county agency.
The scope of the appeal is the validity of the claimant agency's intention to request a setoff
of a refund under chapter 270A against the debt;
deleted text begin (12)deleted text end new text begin (10)new text end a person issued a notice of service termination under section 245D.10,
subdivision 3a, by a licensed provider of any residential supports or services listed in section
245D.03, subdivision 1, paragraphs (b) and (c), that is not otherwise subject to appeal under
subdivision 4a;
deleted text begin (13)deleted text end new text begin (11)new text end an individual disability waiver recipient based on a denial of a request for a
rate exception under section 256B.4914;
deleted text begin (14)deleted text end new text begin (12)new text end a person issued a notice of service termination under section 245A.11,
subdivision 11, that is not otherwise subject to appeal under subdivision 4a; or
deleted text begin (15)deleted text end new text begin (13)new text end a recovery community organization seeking medical assistance vendor eligibility
under section 254B.01, subdivision 8, that is aggrieved by a membership or accreditation
determination and that believes the organization meets the requirements under section
254B.05, subdivision 1, paragraph (d), clauses (1) to (10). The scope of the review by the
human services judge shall be limited to whether the organization meets each of the
requirements under section 254B.05, subdivision 1, paragraph (d), clauses (1) to (10).
(b) The hearing for an individual or facility under paragraph (a), clause (4), deleted text begin (9)deleted text end new text begin (8)new text end , or
deleted text begin (10)deleted text end new text begin (9)new text end , is the only administrative appeal to the final agency determination specifically,
including a challenge to the accuracy and completeness of data under section 13.04. Hearings
requested under paragraph (a), clause (4), apply only to incidents of maltreatment that occur
on or after October 1, 1995. Hearings requested by nursing assistants in nursing homes
alleged to have maltreated a resident prior to October 1, 1995, shall be held as a contested
case proceeding under the provisions of chapter 14. Hearings requested under paragraph
(a), clause deleted text begin (9)deleted text end new text begin (8)new text end , apply only to incidents of maltreatment that occur on or after July 1,
1997. A hearing for an individual or facility under paragraph (a), deleted text begin clauses (4), (9), and (10)deleted text end new text begin
clause (4), (8), or (9)new text end , is only available when there is no district court action pending. If
such action is filed in district court while an administrative review is pending that arises
out of some or all of the events or circumstances on which the appeal is based, the
administrative review must be suspended until the judicial actions are completed. If the
district court proceedings are completed, dismissed, or overturned, the matter may be
considered in an administrative hearing.
(c) For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.
deleted text begin
(d) The scope of hearings involving claims to foster care payments under paragraph (a),
clause (5), shall be limited to the issue of whether the county is legally responsible for a
child's placement under court order or voluntary placement agreement and, if so, the correct
amount of foster care payment to be made on the child's behalf and shall not include review
of the propriety of the county's child protection determination or child placement decision.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The scope of hearings under paragraph (a), clauses deleted text begin (12)deleted text end new text begin (11)new text end and deleted text begin (14)deleted text end new text begin (13)new text end , shall
be limited to whether the proposed termination of services is authorized under section
245D.10, subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the
requirements of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11,
subdivision 2a, paragraphs (d) deleted text begin to (f)deleted text end new text begin and (e)new text end , were met. If the appeal includes a request for
a temporary stay of termination of services, the scope of the hearing shall also include
whether the case management provider has finalized arrangements for a residential facility,
a program, or services that will meet the assessed needs of the recipient by the effective
date of the service termination.
deleted text begin (f)deleted text end new text begin (e)new text end A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
under contract with a county agency to provide social services is not a party and may not
request a hearing under this section, except if assisting a recipient as provided in subdivision
4.
deleted text begin (g)deleted text end new text begin (f)new text end An applicant or recipient is not entitled to receive social services beyond the
services prescribed under chapter 256M or other social services the person is eligible for
under state law.
deleted text begin (h)deleted text end new text begin (g)new text end The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in state
or federal law.
deleted text begin (i)deleted text end new text begin (h)new text end Unless federal or Minnesota law specifies a different time frame in which to file
an appeal, an individual or organization specified in this section may contest the specified
action, decision, or final disposition before the state agency by submitting a written request
for a hearing to the state agency within 30 days after receiving written notice of the action,
decision, or final disposition, or within 90 days of such written notice if the applicant,
recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
13, why the request was not submitted within the 30-day time limit. The individual filing
the appeal has the burden of proving good cause by a preponderance of the evidence.
Sec. 68.
Minnesota Statutes 2022, section 256.045, subdivision 3b, is amended to read:
Subd. 3b.
Standard of evidence for maltreatment and disqualification hearings.
(a)
The state human services judge shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under section 626.557 and
chapter 260E. For purposes of hearings regarding disqualification, the state human services
judge shall affirm the proposed disqualification in an appeal under subdivision 3, paragraph
(a), clause deleted text begin (10)deleted text end new text begin (9)new text end , if a preponderance of the evidence shows the individual has:
(1) committed maltreatment under section 626.557 or chapter 260Edeleted text begin , whichdeleted text end new text begin thatnew text end is serious
or recurring;
(2) committed an act or acts meeting the definition of any of the crimes listed in section
245C.15, subdivisions 1 to 4; or
(3) failed to make required reports under section 626.557 or chapter 260E, for incidents
in which the final disposition under section 626.557 or chapter 260E was substantiated
maltreatment that was serious or recurring.
(b) If the disqualification is affirmed, the state human services judge shall determine
whether the individual poses a risk of harm in accordance with the requirements of section
245C.22, and whether the disqualification should be set aside or not set aside. In determining
whether the disqualification should be set aside, the human services judge shall consider
all of the characteristics that cause the individual to be disqualified, including those
characteristics that were not subject to review under paragraph (a), in order to determine
whether the individual poses a risk of harm. A decision to set aside a disqualification that
is the subject of the hearing constitutes a determination that the individual does not pose a
risk of harm and that the individual may provide direct contact services in the individual
program specified in the set aside.
(c) If a disqualification is based solely on a conviction or is conclusive for any reason
under section 245C.29, the disqualified individual does not have a right to a hearing under
this section.
(d) The state human services judge shall recommend an order to the commissioner of
health, education, or human services, as applicable, who shall issue a final order. The
commissioner shall affirm, reverse, or modify the final disposition. Any order of the
commissioner issued in accordance with this subdivision is conclusive upon the parties
unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal under
chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.482, the
commissioner's determination as to maltreatment is conclusive, as provided under section
245C.29.
Sec. 69.
Minnesota Statutes 2022, section 256.045, subdivision 4, is amended to read:
Subd. 4.
Conduct of hearings.
(a) All hearings held pursuant to subdivision 3, 3a, 3b,
or 4a shall be conducted according to the provisions of the federal Social Security Act and
the regulations implemented in accordance with that act to enable this state to qualify for
federal grants-in-aid, and according to the rules and written policies of the commissioner
of human services. County agencies shall install equipment necessary to conduct telephone
hearings. A state human services judge may schedule a telephone conference hearing when
the distance or time required to travel to the county agency offices will cause a delay in the
issuance of an order, or to promote efficiency, or at the mutual request of the parties. Hearings
may be conducted by telephone conferences unless the applicant, recipient, former recipient,
person, or facility contesting maltreatment objects. A human services judge may grant a
request for a hearing in person by holding the hearing by interactive video technology or
in person. The human services judge must hear the case in person if the person asserts that
either the person or a witness has a physical or mental disability that would impair the
person's or witness's ability to fully participate in a hearing held by interactive video
technology. The hearing shall not be held earlier than five days after filing of the required
notice with the county or state agency. The state human services judge shall notify all
interested persons of the time, date, and location of the hearing at least five days before the
date of the hearing. Interested persons may be represented by legal counsel or other
representative of their choice, including a provider of therapy services, at the hearing and
may appear personally, testify and offer evidence, and examine and cross-examine witnesses.
The applicant, recipient, former recipient, person, or facility contesting maltreatment shall
have the opportunity to examine the contents of the case file and all documents and records
to be used by the county or state agency at the hearing at a reasonable time before the date
of the hearing and during the hearing. In hearings under subdivision 3, paragraph (a), clauses
(4), deleted text begin (9)deleted text end new text begin (8)new text end , and deleted text begin (10)deleted text end new text begin (9)new text end , either party may subpoena the private data relating to the
investigation prepared by the agency under section 626.557 or chapter 260E that is not
otherwise accessible under section 13.04, provided the identity of the reporter may not be
disclosed.
(b) The private data obtained by subpoena in a hearing under subdivision 3, paragraph
(a), clause (4), deleted text begin (9)deleted text end new text begin (8)new text end , or deleted text begin (10)deleted text end new text begin (9)new text end , must be subject to a protective order which prohibits its
disclosure for any other purpose outside the hearing provided for in this section without
prior order of the district court. Disclosure without court order is punishable by a sentence
of not more than 90 days imprisonment or a fine of not more than $1,000, or both. These
restrictions on the use of private data do not prohibit access to the data under section 13.03,
subdivision 6. Except for appeals under subdivision 3, paragraph (a), clauses (4), deleted text begin (5), (9)deleted text end new text begin
(8)new text end , and deleted text begin (10)deleted text end new text begin (9)new text end , upon request, the county agency shall provide reimbursement for
transportation, child care, photocopying, medical assessment, witness fee, and other necessary
and reasonable costs incurred by the applicant, recipient, or former recipient in connection
with the appeal. All evidence, except that privileged by law, commonly accepted by
reasonable people in the conduct of their affairs as having probative value with respect to
the issues shall be submitted at the hearing and such hearing shall not be "a contested case"
within the meaning of section 14.02, subdivision 3. The agency must present its evidence
prior to or at the hearing, and may not submit evidence after the hearing except by agreement
of the parties at the hearing, provided the petitioner has the opportunity to respond.
(c) In hearings under subdivision 3, paragraph (a), deleted text begin clauses (4), (9), and (10)deleted text end new text begin clause (4),
(8), or (9)new text end , involving determinations of maltreatment or disqualification made by more than
one county agency, by a county agency and a state agency, or by more than one state agency,
the hearings may be consolidated into a single fair hearing upon the consent of all parties
and the state human services judge.
(d) For hearings under subdivision 3, paragraph (a), clause (4) or deleted text begin (10)deleted text end new text begin (9)new text end , involving a
vulnerable adult, the human services judge shall notify the vulnerable adult who is the
subject of the maltreatment determination and, if known, a guardian of the vulnerable adult
appointed under section 524.5-310, or a health care agent designated by the vulnerable adult
in a health care directive that is currently effective under section 145C.06 and whose authority
to make health care decisions is not suspended under section 524.5-310, of the hearing. The
notice must be sent by certified mail and inform the vulnerable adult of the right to file a
signed written statement in the proceedings. A guardian or health care agent who prepares
or files a written statement for the vulnerable adult must indicate in the statement that the
person is the vulnerable adult's guardian or health care agent and sign the statement in that
capacity. The vulnerable adult, the guardian, or the health care agent may file a written
statement with the human services judge hearing the case no later than five business days
before commencement of the hearing. The human services judge shall include the written
statement in the hearing record and consider the statement in deciding the appeal. This
subdivision does not limit, prevent, or excuse the vulnerable adult from being called as a
witness testifying at the hearing or grant the vulnerable adult, the guardian, or health care
agent a right to participate in the proceedings or appeal the human services judge's decision
in the case. The lead investigative agency must consider including the vulnerable adult
victim of maltreatment as a witness in the hearing. If the lead investigative agency determines
that participation in the hearing would endanger the well-being of the vulnerable adult or
not be in the best interests of the vulnerable adult, the lead investigative agency shall inform
the human services judge of the basis for this determination, which must be included in the
final order. If the human services judge is not reasonably able to determine the address of
the vulnerable adult, the guardian, or the health care agent, the human services judge is not
required to send a hearing notice under this subdivision.
Sec. 70.
Minnesota Statutes 2022, section 256.045, subdivision 6, is amended to read:
Subd. 6.
Additional powers of commissioner; subpoenas.
(a) The commissioner of
human services, or the commissioner of health for matters within the commissioner's
jurisdiction under subdivision 3b, may initiate a review of any action or decision of a county
agency and direct that the matter be presented to a state human services judge for a hearing
held under subdivision 3, 3a, 3b, or 4a. In all matters dealing with human services committed
by law to the discretion of the county agency, the commissioner's judgment may be
substituted for that of the county agency. The commissioner may order an independent
examination when appropriate.
(b) Any party to a hearing held pursuant to subdivision 3, 3a, 3b, or 4a may request that
the commissioner issue a subpoena to compel the attendance of witnesses and the production
of records at the hearing. A local agency may request that the commissioner issue a subpoena
to compel the release of information from third parties prior to a request for a hearing under
section 256.046 upon a showing of relevance to such a proceeding. The issuance, service,
and enforcement of subpoenas under this subdivision is governed by section 357.22 and
the Minnesota Rules of Civil Procedure.
(c) The commissioner may issue a temporary order staying a proposed demission by a
residential facility licensed under chapter 245A:
(1) while an appeal by a recipient under subdivision 3 is pending;
(2) for the period of time necessary for the case management provider to implement the
commissioner's order; or
(3) for appeals under subdivision 3, paragraph (a), clause deleted text begin (12)deleted text end new text begin (11)new text end , when the individual
is seeking a temporary stay of demission on the basis that the county has not yet finalized
an alternative arrangement for a residential facility, a program, or services that will meet
the assessed needs of the individual by the effective date of the service termination, a
temporary stay of demission may be issued for no more than 30 calendar days to allow for
such arrangements to be finalized.
Sec. 71.
Minnesota Statutes 2022, section 256.045, subdivision 10, is amended to read:
Subd. 10.
Payments pending appeal.
If the commissioner of human services or district
court orders monthly assistance or aid or services paid or provided in any proceeding under
this section, it shall be paid or provided pending appeal to the commissioner of human
services, district court, court of appeals, or supreme court. The human services judge may
order the local human services agency to reduce or terminate medical assistance to a recipient
before a final order is issued under this section if: (1) the human services judge determines
at the hearing that the sole issue on appeal is one of a change in state or federal law; and
(2) the commissioner or the local agency notifies the recipient before the action. The state
or county agency has a claim for deleted text begin Supplemental Nutrition Assistance Program (SNAP)
benefits,deleted text end cash payments, medical assistance, and MinnesotaCare program payments made
to or on behalf of a recipient or former recipient while an appeal is pending if the recipient
or former recipient is determined ineligible for deleted text begin SNAP benefits,deleted text end cash payments, medical
assistance, or MinnesotaCare as a result of the appeal, except for medical assistance made
on behalf of a recipient pursuant to a court order. In enforcing a claim on MinnesotaCare
program payments, the state or county agency shall reduce the claim amount by the value
of any premium payments made by a recipient or former recipient during the period for
which the recipient or former recipient has been determined to be ineligible. Provision of
a health care service by the state agency under medical assistance or MinnesotaCare pending
appeal shall not render moot the state agency's position in a court of law.
Sec. 72.
Minnesota Statutes 2022, section 256.0451, subdivision 1, is amended to read:
Subdivision 1.
Scope.
new text begin (a) new text end The requirements in this section apply to all fair hearings and
appeals under section 256.045, subdivision 3, paragraph (a), clauses (1), (2), (3), (5), (6),
(7), (8), (11), and (13). Except as provided in subdivisions 3 and 19, the requirements under
this section apply to fair hearings and appeals under section 256.045, subdivision 3, paragraph
(a), clauses (4), (9), (10), and (12).
deleted text begin The term "person" is used in this section to meandeleted text end new text begin (b) For purposes of this section, "person"
meansnew text end an individual who, on behalf of themselves or their household, is appealing or
disputing or challenging an action, a decision, or a failure to act, by an agency in the human
services system. When a person involved in a proceeding under this section is represented
by an attorney or by an authorized representative, the term "person" also deleted text begin refers todeleted text end new text begin meansnew text end
the person's attorney or authorized representative. Any notice sent to the person involved
in the hearing must also be sent to the person's attorney or authorized representative.
deleted text begin The term "agency" includesdeleted text end new text begin (c) For purposes of this section, "agency" meansnew text end the county
human services agency, the state human services agency, and, where applicable, any entity
involved under a contract, subcontract, grant, or subgrant with the state agency or with a
county agency, that provides or operates programs or services in which appeals are governed
by section 256.045.
Sec. 73.
Minnesota Statutes 2022, section 256.0451, subdivision 2, is amended to read:
Subd. 2.
Access to files.
A person involved in a fair hearing appeal has the right of access
to the person's complete case files and to examine all private welfare data on the person
which has been generated, collected, stored, or disseminated by the agency. A person
involved in a fair hearing appeal has the right to a free copy of all documents in the case
file involved in a fair hearing appeal. new text begin For purposes of this section, new text end "case file" means the
information, documents, and data, in whatever form, which have been generated, collected,
stored, or disseminated by the agency in connection with the person and the program or
service involved.
Sec. 74.
Minnesota Statutes 2023 Supplement, section 256.046, subdivision 1, is amended
to read:
Subdivision 1.
Hearing authority.
A local agency must initiate an administrative fraud
disqualification hearing for individuals accused of wrongfully obtaining assistance or
intentional program violations, in lieu of a criminal action when it has not been pursued, in
deleted text begin the Minnesota family investment program and any affiliated program to include the work
participation cash benefit program, child care assistance programs,deleted text end general assistance, family
general assistance program formerly codified in section 256D.05, subdivision 1, clause (15),
Minnesota supplemental aid, deleted text begin the Supplemental Nutrition Assistance Program (SNAP),deleted text end
MinnesotaCare for adults without children, and upon federal approval, all categories of
medical assistance and remaining categories of MinnesotaCare except for children through
age 18. The Department of Human Services, in lieu of a local agency, may initiate an
administrative fraud disqualification hearing when the state agency is directly responsible
for administration or investigation of the program for which benefits were wrongfully
obtained. The hearing is subject to the requirements of sections 256.045 and 256.0451 and
the requirements in Code of Federal Regulations, title 7, section 273.16.
Sec. 75.
Minnesota Statutes 2022, section 256.046, subdivision 2, is amended to read:
Subd. 2.
Combined hearing.
new text begin (a) new text end The human services judge may combine a fair hearing
new text begin under section 142A.20 or 256.045 new text end and administrative fraud disqualification hearing new text begin under
this section or section 142A.27 new text end into a single hearing if the factual issues arise out of the
same, or related, circumstancesnew text begin ; the commissioner of human services has jurisdiction over
at least one of the hearings;new text end and the individual receives prior notice that the hearings will
be combined. If the administrative fraud disqualification hearing and fair hearing are
combined, the time frames for administrative fraud disqualification hearings specified in
Code of Federal Regulations, title 7, section 273.16, apply. If the individual accused of
wrongfully obtaining assistance is charged under section 256.98 for the same act or acts
which are the subject of the hearing, the individual may request that the hearing be delayed
until the criminal charge is decided by the court or withdrawn.
new text begin
(b) The human services judge must conduct any hearings under section 142A.20 or
142A.27 pursuant to the relevant laws and rules governing children, youth, and families
judges.
new text end
Sec. 76.
Minnesota Statutes 2023 Supplement, section 256.0471, subdivision 1, is amended
to read:
Subdivision 1.
Qualifying overpayment.
Any overpayment deleted text begin for assistance granted under
the MFIP program formerly codified under sections 256.031 to 256.0361 and the AFDC
program formerly codified under sections 256.72 to 256.871; for assistance granted under
chapters deleted text end deleted text begin 119Bdeleted text end deleted text begin , deleted text end deleted text begin 256Ddeleted text end deleted text begin , deleted text end deleted text begin 256Ideleted text end deleted text begin , deleted text end deleted text begin 256Jdeleted text end deleted text begin , and deleted text end deleted text begin 256Kdeleted text end deleted text begin ;deleted text end for assistance granted pursuant to section
256.045, subdivision 10; deleted text begin for state-funded medical assistance and state-funded MinnesotaCare
under chapters deleted text end deleted text begin 256Bdeleted text end deleted text begin and deleted text end deleted text begin 256Ldeleted text end deleted text begin ; and for assistance granted under the Supplemental Nutrition
Assistance Program (SNAP),deleted text end new text begin chapter 256B for state-funded medical assistance; and chapters
256D, 256I, 256K, and 256L for state-funded MinnesotaCare new text end except agency error claims,
become a judgment by operation of law 90 days after the notice of overpayment is personally
served upon the recipient in a manner that is sufficient under rule 4.03(a) of the Rules of
Civil Procedure for district courts, or by certified mail, return receipt requested. This
judgment shall be entitled to full faith and credit in this and any other state.
Sec. 77.
Minnesota Statutes 2022, section 256.82, is amended to read:
256.82 PAYMENTS BY STATE.
Subd. 2.
Foster care maintenance payments.
(a) For the purpose of foster care
maintenance payments under title IV-E of the Social Security Act, United States Code, title
42, sections 670 to 676, the county or American Indian child welfare initiative Tribes under
section 256.01, subdivision 14b, paying the maintenance costs must be reimbursed for the
costs from the federal money available for the purpose. deleted text begin Beginning July 1, 1997,deleted text end For the
purposes of determining a child's eligibility under title IV-E of the Social Security Act, the
placing agency shall use AFDC requirements in effect on July 16, 1996.
(b) For the purpose of foster care maintenance payments under title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 676, the state is responsible for
approving of child care institutions for the county paying the facility's maintenance costs
to be reimbursed from the federal money available for the purpose. The facility must be
licensed by the state or approved or licensed by a Tribe.
Subd. 3.
Setting foster care standard rates.
(a) The commissioner shall annually
establish minimum rates for foster care maintenance including supplemental difficulty of
care payments for all children eligible for Northstar Care for Children under chapter 256N.
(b) All children entering foster care on or after January 1, 2015, are eligible for Northstar
Care for Children under chapter 256N. Any increase in rates shall in no case exceed three
percent per annum.
(c) All children in foster care on December 31, 2014, must remain in the pre-Northstar
Care for Children foster care program under sections 256N.21, subdivision 6, and 260C.4411,
subdivision 1. The rates for the pre-Northstar Care for Children foster care program shall
remain those in effect on January 1, 2013.
new text begin
(d) The commissioner of children, youth, and families may promulgate rules as necessary
to implement this section.
new text end
Sec. 78.
Minnesota Statutes 2023 Supplement, section 256.98, subdivision 8, is amended
to read:
Subd. 8.
Disqualification from program.
(a) Any person found to be guilty of
wrongfully obtaining assistance by a federal or state court or by an administrative hearing
determination, or waiver thereof, through a disqualification consent agreement, or as part
of any approved diversion plan under section 401.065, or any court-ordered stay which
carries with it any probationary or other conditions, in the Minnesota family investment
program and any affiliated program to include the work participation cash benefit program,
the Supplemental Nutrition Assistance Program (SNAP), the general assistance program,
housing support under chapter 256I, or the Minnesota supplemental aid program shall be
disqualified from that program. In addition, any person disqualified from the Minnesota
family investment program shall also be disqualified from SNAP. The needs of that individual
shall not be taken into consideration in determining the grant level for that assistance unit:
(1) for one year after the first offense;
(2) for two years after the second offense; and
(3) permanently after the third or subsequent offense.
The period of program disqualification shall begin on the date stipulated on the advance
notice of disqualification without possibility of postponement for administrative stay or
administrative hearing and shall continue through completion unless and until the findings
upon which the sanctions were imposed are reversed by a court of competent jurisdiction.
The period for which sanctions are imposed is not subject to review. The sanctions provided
under this subdivision are in addition to, and not in substitution for, any other sanctions that
may be provided for by law for the offense involved. A disqualification established through
hearing or waiver shall result in the disqualification period beginning immediately unless
the person has become otherwise ineligible for assistance. If the person is ineligible for
assistance, the disqualification period begins when the person again meets the eligibility
criteria of the program from which they were disqualified and makes application for that
program.
(b) A family receiving assistance through child care assistance programs under chapter
119B with a family member who is found to be guilty of wrongfully obtaining child care
assistance by a federal court, state court, or an administrative hearing determination or
waiver, through a disqualification consent agreement, as part of an approved diversion plan
under section 401.065, or a court-ordered stay with probationary or other conditions, is
disqualified from child care assistance programs. The disqualifications must be for periods
of one year and two years for the first and second offenses, respectively. Subsequent
violations must result in permanent disqualification. During the disqualification period,
disqualification from any child care program must extend to all child care programs and
must be immediately applied.
(c) A provider caring for children receiving assistance through child care assistance
programs under chapter 119B is disqualified from receiving payment for child care services
from the child care assistance program under chapter 119B when the provider is found to
have wrongfully obtained child care assistance by a federal court, state court, or an
administrative hearing determination or waiver under sectionnew text begin 142A.27; 142E.51, subdivision
5; ornew text end 256.046, through a disqualification consent agreement, as part of an approved diversion
plan under section 401.065, or a court-ordered stay with probationary or other conditions.
The disqualification must be for a period of three years for the first offense. Any subsequent
violation must result in permanent disqualification. The disqualification period must be
imposed immediately after a determination is made under this paragraph. During the
disqualification period, the provider is disqualified from receiving payment from any child
care program under chapter 119B.
(d) Any person found to be guilty of wrongfully obtaining MinnesotaCare for adults
without children and upon federal approval, all categories of medical assistance and
remaining categories of MinnesotaCare, except for children through age 18, by a federal or
state court or by an administrative hearing determination, or waiver thereof, through a
disqualification consent agreement, or as part of any approved diversion plan under section
401.065, or any court-ordered stay which carries with it any probationary or other conditions,
is disqualified from that program. The period of disqualification is one year after the first
offense, two years after the second offense, and permanently after the third or subsequent
offense. The period of program disqualification shall begin on the date stipulated on the
advance notice of disqualification without possibility of postponement for administrative
stay or administrative hearing and shall continue through completion unless and until the
findings upon which the sanctions were imposed are reversed by a court of competent
jurisdiction. The period for which sanctions are imposed is not subject to review. The
sanctions provided under this subdivision are in addition to, and not in substitution for, any
other sanctions that may be provided for by law for the offense involved.
Sec. 79.
Minnesota Statutes 2022, section 256.981, is amended to read:
256.981 TRAINING OF WELFARE FRAUD PROSECUTORS.
The deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human services new text begin and children, youth, and families
new text end shall, to the extent an appropriation is provided for this purpose, contract with the county
attorney's council or other public or private entity experienced in providing training for
prosecutors to conduct quarterly workshops and seminars focusing on current Minnesota
family investment program issues, other income maintenance program changes, recovery
issues, alternative sentencing methods, use of technical aids for interviews and interrogations,
and other matters affecting prosecution of welfare fraud cases.
Sec. 80.
Minnesota Statutes 2022, section 256.982, is amended to read:
256.982 TRAINING OF WELFARE FRAUD INVESTIGATORS.
The deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human services new text begin and children, youth, and families
new text end shall, to the extent an appropriation is provided for this purpose, establish a pilot project
for further education and training of welfare fraud investigators. The commissioner may
enter into contractual agreements with other state, federal, or county agencies as part of
cooperative projects employing experienced investigators to provide on-the-job training to
county investigators.
Sec. 81.
Minnesota Statutes 2022, section 256.983, as amended by Laws 2023, chapter
70, article 13, section 24, is amended to read:
256.983 FRAUD PREVENTION INVESTIGATIONS.
Subdivision 1.
Programs established.
Within the limits of available appropriations, the
deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human services new text begin and children, youth, and families new text end shall
require the maintenance of budget neutral fraud prevention investigation programs in the
counties or Tribal agencies participating in the fraud prevention investigation project
established under this section. If funds are sufficient, the deleted text begin commissionerdeleted text end new text begin commissionersnew text end may
also extend fraud prevention investigation programs to other counties or Tribal agencies
provided the expansion is budget neutral to the state. Under any expansion, the deleted text begin commissioner
hasdeleted text end new text begin commissioners jointly havenew text end the final authority in decisions regarding the creation and
realignment of individual county, Tribal agency, or regional operations.new text begin The commissioners
may establish a joint office or interagency agreement to facilitate joint oversight and
administration of sections 256.981 to 256.9861 and 256.9866.
new text end
Subd. 2.
County and Tribal agency proposals.
Each participating county and Tribal
agency shall develop and submit an annual staffing and funding proposal to the deleted text begin commissionerdeleted text end new text begin
commissionersnew text end no later than April 30 of each year. Each proposal shall include, but not be
limited to, the staffing and funding of the fraud prevention investigation program, a job
description for investigators involved in the fraud prevention investigation program, and
the organizational structure of the county or Tribal agency unit, training programs for case
workers, and the operational requirements which may be directed by the deleted text begin commissionerdeleted text end new text begin
commissionersnew text end . The proposal shall be approved, to include any changes directed or negotiated
by the deleted text begin commissionerdeleted text end new text begin commissionersnew text end , no later than June 30 of each year.
Subd. 3.
Department responsibilities.
The deleted text begin commissionerdeleted text end new text begin commissionersnew text end shall establish
training programs which shall be attended by all investigative and supervisory staff of the
involved county and Tribal agencies. The deleted text begin commissionerdeleted text end new text begin commissionersnew text end shall also develop
the necessary operational guidelines, forms, and reporting mechanismsdeleted text begin , whichdeleted text end new text begin thatnew text end shall be
used by the involved county or Tribal agencies. An individual's application or redetermination
form for public assistance benefits, including child care assistance programs and medical
care programs, must include an authorization for release by the individual to obtain
documentation for any information on that form which is involved in a fraud prevention
investigation. The authorization for release is effective for six months after public assistance
benefits have ceased.
Subd. 4.
Funding.
(a) County and Tribal agency reimbursement shall be made through
the settlement provisions applicable to the Supplemental Nutrition Assistance Program
(SNAP), MFIP, child care assistance programs, the medical assistance program, and other
federal and state-funded programs.
(b) The deleted text begin commissionerdeleted text end new text begin commissionersnew text end will maintain program compliance if for any three
consecutive month period, a county or Tribal agency fails to comply with fraud prevention
investigation program guidelines, or fails to meet the cost-effectiveness standards developed
by the deleted text begin commissionerdeleted text end new text begin commissionersnew text end . This result is contingent on the deleted text begin commissionerdeleted text end new text begin
commissionersnew text end providing written notice, including an offer of technical assistance, within
30 days of the end of the third or subsequent month of noncompliance. The county or Tribal
agency shall be required to submit a corrective action plan to the deleted text begin commissionerdeleted text end new text begin
commissionersnew text end within 30 days of receipt of a notice of noncompliance. Failure to submit a
corrective action plan or, continued deviation from standards of more than ten percent after
submission of a corrective action plan, will result in denial of funding for each subsequent
month, or billing the county or Tribal agency for fraud prevention investigation (FPI) service
provided by the deleted text begin commissionerdeleted text end new text begin commissionersnew text end , or reallocation of program grant funds, or
investigative resources, or both, to other counties or Tribal agencies. The denial of funding
shall apply to the general settlement received by the county or Tribal agency on a quarterly
basis and shall not reduce the grant amount applicable to the FPI project.
Subd. 5.
Child care providers; financial misconduct.
(a) A county or Tribal agency
may conduct investigations of financial misconduct by child care providers as described in
chapter 245E. Prior to opening an investigation, a county or Tribal agency must contact the
deleted text begin commissionerdeleted text end new text begin commissionersnew text end to determine whether an investigation under this chapter may
compromise an ongoing investigation.
(b) If, upon investigation, a preponderance of evidence shows a provider committed an
intentional program violation, intentionally gave the county or Tribe materially false
information on the provider's billing forms, provided false attendance records to a county,
Tribe, or the deleted text begin commissionerdeleted text end new text begin commissionersnew text end , or committed financial misconduct as described
in section 245E.01, subdivision 8, the county or Tribal agency may recommend that the
deleted text begin commissionerdeleted text end new text begin commissionersnew text end suspend a provider's payment pursuant to chapter 245E, or
deny or revoke a provider's authorization pursuant to section 119B.13, subdivision 6,
paragraph (d), clause (2), prior to pursuing other available remedies.
Sec. 82.
Minnesota Statutes 2022, section 256.9831, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Definitiondeleted text end new text begin Gambling establishmentsnew text end .
new text begin (a) new text end For purposes of this section,
"gambling establishment" means a racetrack licensed under section 240.06 or 240.09, a
casino operated under a Tribal-state compact under section 3.9221, or any other establishment
that receives at least 50 percent of its gross revenue from the conduct of gambling.
new text begin
(b) The commissioner shall take all actions necessary to ensure that no person may obtain
benefits under chapter 256, 256D, or 256J through the use of a financial transaction card,
as defined in section 609.821, subdivision 1, paragraph (a), at a terminal located in or
attached to a gambling establishment, liquor store, tobacco store, or tattoo parlor.
new text end
new text begin
(c) The commissioner shall take all actions necessary to ensure that warrants issued to
pay benefits under chapter 256 or 256D bear a restrictive endorsement that prevents their
being cashed in a gambling establishment.
new text end
Sec. 83.
Minnesota Statutes 2022, section 256.986, is amended to read:
256.986 COUNTY COORDINATION OF FRAUD CONTROL ACTIVITIES.
(a) The county agency shall prepare and submit to the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of
human services new text begin and children, youth, and families new text end by April 30 of each state fiscal year a plan
to coordinate county duties related to the prevention, investigation, and prosecution of fraud
in public assistance programs. Each county must submit its first annual plan prior to April
30, 1998.
(b) Within the limits of appropriations specifically made available for this purpose, the
deleted text begin commissionerdeleted text end new text begin commissionersnew text end may make grants to counties submitting plans under paragraph
(a) to implement coordination activities.
Sec. 84.
Minnesota Statutes 2022, section 256.9861, is amended to read:
256.9861 FRAUD CONTROL; PROGRAM INTEGRITY REINVESTMENT
PROJECT.
Subdivision 1.
Program established.
Within the limits of available state and federal
appropriations, the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human services new text begin and children, youth,
and families new text end shall make funding available to county agencies for fraud control efforts and
require the maintenance of county efforts and financial contributions that were in place
during fiscal year 1996.
Subd. 2.
County proposals.
Each included county shall develop and submit annual
funding, staffing, and operating grant proposals to the deleted text begin commissionerdeleted text end new text begin commissionersnew text end no later
than April 30 of each year for the purpose of allocating federal and state funding and
appropriations. Each proposal shall provide information on:
(1) the staffing and funding of the fraud investigation and prosecution operations;
(2) job descriptions for agency fraud control staff;
(3) contracts covering outside investigative agencies;
(4) operational methods to integrate the use of fraud prevention investigation techniques;
and
(5) implementation and utilization of administrative disqualification hearings and
diversions by the existing county fraud control and prosecution procedures.
Subd. 3.
Department responsibilities.
The deleted text begin commissionerdeleted text end new text begin commissionersnew text end shall provide
written instructions outlining the contents of the proposals to be submitted under this section.
Instructions shall be made available 30 days prior to the date by which proposals under
subdivision 2 must be submitted. The deleted text begin commissionerdeleted text end new text begin commissionersnew text end shall establish training
programs which shall be attended by fraud control staff of all involved counties. The
deleted text begin commissionerdeleted text end new text begin commissionersnew text end shall also develop the necessary operational guidelines, forms,
and reporting mechanisms which shall be used by the involved counties.
Subd. 4.
Standards.
The deleted text begin commissionerdeleted text end new text begin commissionersnew text end shall, after consultation with the
involved counties, establish standards governing the performance levels of county
investigative units based on grant agreements with the county agencies. The standards shall
take into consideration and may include investigative caseloads, grant savings levels, the
comparison of fraud prevention and prosecution directed investigations, utilization levels
of administrative disqualification hearings, the timely reporting and implementation of
disqualifications, and the timeliness of the submission of statistical reports.
Subd. 5.
Funding.
(a) State funding shall be made available contingent on counties
submitting a plan that is approved by the deleted text begin Departmentdeleted text end new text begin Departmentsnew text end of Human Servicesnew text begin and
Children, Youth, and Familiesnew text end . Failure or delay in obtaining that approval shall not, however,
eliminate the obligation to maintain fraud control efforts at the June 30, 1996, level. County
agency reimbursement shall be made through the settlement provisions applicable to the
MFIP, Supplemental Nutrition Assistance Program (SNAP), and medical assistance program.
(b) Should a county agency fail to comply with the standards set, or fail to meet
cost-effectiveness standards developed by the deleted text begin commissionerdeleted text end new text begin commissionersnew text end for any
three-month period, the deleted text begin commissionerdeleted text end new text begin commissionersnew text end shall deny reimbursement or
administrative costs, after allowing an opportunity to establish compliance.
(c) Any denial of reimbursement under paragraph (b) is contingent on the deleted text begin commissionerdeleted text end new text begin
commissionersnew text end providing written notice, including an offer of technical assistance, within
30 days of the end of the third or subsequent months of noncompliance. The county agency
shall be required to submit a corrective action plan to the deleted text begin commissionerdeleted text end new text begin commissionersnew text end
within 30 days of receipt of a notice of noncompliance. Failure to submit a corrective action
plan or continued deviation from standards of more than ten percent after submission of
corrective action plan, will result in denial of funding for each such month during the grant
year, or billing of the county agency for program integrity reinvestment project services
provided by the deleted text begin commissionerdeleted text end new text begin commissionersnew text end or reallocation of grant funds to other counties.
The denial of funding shall apply to the general settlement received by the county agency
on a quarterly basis and shall not reduce the grant amount applicable to the program integrity
reinvestment project.
Sec. 85.
Minnesota Statutes 2022, section 256.987, subdivision 1, is amended to read:
Subdivision 1.
Electronic benefit transfer (EBT) card.
Cash benefits for the general
assistance and Minnesota supplemental aid programs under chapter 256D and programs
under chapter 256J must be issued on an EBT card deleted text begin with the name of the head of household
printed on the card. The card must include the following statement: "It is unlawful to use
this card to purchase tobacco products or alcoholic beverages." This card must be issued
within 30 calendar days of an eligibility determination. During the initial 30 calendar days
of eligibility, a recipient may have cash benefits issued on an EBT card without a name
printed on the card. This card may be the same card on which Supplemental Nutrition
Assistance Program (SNAP) benefits are issued and does not need to meet the requirements
of this section.deleted text end new text begin that meets the requirements in section 142A.13.
new text end
Sec. 86.
Minnesota Statutes 2022, section 256.998, subdivision 7, is amended to read:
Subd. 7.
Access to data.
The commissioner of human services shall retain the information
reported to the work reporting system for a period of six months. Data in the work reporting
system may be disclosed to new text begin the commissioner of children, youth, and families; new text end the public
authority responsible for child support enforcementdeleted text begin ,deleted text end new text begin ;new text end federal agenciesdeleted text begin ,deleted text end new text begin ;new text end state and local
agencies of other states for the purposes of enforcing state and federal laws governing child
supportdeleted text begin ,deleted text end new text begin ;new text end and agencies responsible for the administration of programs under title IV-A of
the Social Security Act, the Department of Employment and Economic Development, and
the Department of Labor and Industry.
Sec. 87.
Minnesota Statutes 2022, section 256E.21, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
The definitions in this section apply to deleted text begin Laws 1986, chapter
423, sections 1 to 9deleted text end new text begin sections 142A.41 to 142A.416 and 144.226, subdivision 3new text end .
Sec. 88.
Minnesota Statutes 2022, section 256E.22, subdivision 7, is amended to read:
Subd. 7.
Responsibilities of commissioner.
(a) The commissioner shall:
(1) provide for the coordination and exchange of information on the establishment and
maintenance of prevention programs;
(2) develop and publish criteria for receiving trust fund money by prevention programs;
(3) review, approve, and monitor the spending of trust fund money by prevention
programs;
(4) provide statewide educational and public informational seminars to develop public
awareness on preventing child abuse; to encourage professional persons and groups to
recognize instances of child abuse and work to prevent them; to make information on child
abuse prevention available to the public and to organizations and agencies; and to encourage
the development of prevention programs, including programs that provide support for
adolescent parents, fathering education programs, and other prevention activities designed
to prevent teen pregnancy;
(5) establish a procedure for an annual, internal evaluation of the functions,
responsibilities, and performance of the commissioner in carrying out deleted text begin Laws 1986, chapter
423deleted text end new text begin sections 142A.41 to 142A.416 and 144.226, subdivision 3new text end ;
(6) provide technical assistance to local councils and agencies working in the area of
child abuse prevention; and
(7) accept and review grant applications deleted text begin beginning June 1, 1987deleted text end .
(b) The commissioner shall recommend to the governor changes in state programs,
statutes, policies, budgets, and standards that will reduce the problems of child abuse,
improve coordination among state agencies that provide prevention services, and improve
the condition of children, parents, or guardians in need of prevention program services.
Sec. 89.
Minnesota Statutes 2022, section 256E.24, is amended to read:
256E.24 LOCAL CHILD ABUSE PREVENTION COUNCILS.
A child abuse prevention council may be established in any county or group of counties
that was eligible to receive funds under Minnesota Statutes 1986, section 145.917 as of
January 1, 1986. A council organized in such a county or group of counties shall be
authorized by the commissioner to review programs seeking trust fund money on finding
that the council meets the criteria in this section:
(a) The council has submitted a plan for the prevention of child abuse that includes a
rank ordering of needed programs and services, assesses the need for additional programs
or services, and demonstrates that standards and procedures have been established to ensure
that funds will be distributed and used according to deleted text begin Laws 1986, chapter 423deleted text end new text begin sections 142A.41
to 142A.416 and 144.226, subdivision 3new text end .
(b) A single-county council shall consist of:
(1) a minimum of nine members with the majority consisting of members from the
community-at-large who do not represent service-providing agencies. These members shall
represent the demographic and geographic composition of the county and, to the extent
possible, represent the following groups: parents, businesses, racial and ethnic minority
communities, and the faith communities; and
(2) if necessary, enough additional members with knowledge in the area of child abuse
prevention so that a majority of the council is composed of members who do not represent
public agencies.
(c) A multicounty council shall be composed of the combined membership of persons
in paragraph (b).
Sec. 90.
Minnesota Statutes 2022, section 256E.25, subdivision 5, is amended to read:
Subd. 5.
Local council as recipient of funds.
The commissioner may disburse funds
to a local council for community education purposes, or for administrative costs in carrying
out deleted text begin Laws 1986, chapter 423deleted text end new text begin sections 142A.41 to 142A.416 and 144.226, subdivision 3new text end , if
all criteria and standards are met.
Sec. 91.
Minnesota Statutes 2022, section 256E.25, subdivision 6, is amended to read:
Subd. 6.
Contracts.
The commissioner shall use state or local resources and staff if
practicabledeleted text begin ,deleted text end but may enter into contracts with public or nonprofit private agencies to fulfill
the requirements of deleted text begin Laws 1986, chapter 423deleted text end new text begin sections 142A.41 to 142A.416 and 144.226,
subdivision 3new text end .
Sec. 92.
Minnesota Statutes 2022, section 256E.25, subdivision 7, is amended to read:
Subd. 7.
Rules.
The commissioner may adopt rules to carry out deleted text begin Laws 1986, chapter 423deleted text end new text begin
sections 142A.41 to 142A.416 and 144.226, subdivision 3new text end .
Sec. 93.
Minnesota Statutes 2022, section 256E.26, is amended to read:
256E.26 ACCEPTANCE OF FEDERAL FUNDS AND OTHER DONATIONS.
The commissioner may accept federal money and gifts, donations, and bequests for the
purposes of deleted text begin Laws 1986, chapter 423deleted text end new text begin sections 142A.41 to 142A.416 and 144.226, subdivision
3new text end . Money so received and proceeds from the sale of promotional items, minus sales
promotional costs, must be deposited in the trust fund and must be made available to the
commissioner.
Sec. 94.
Minnesota Statutes 2022, section 256E.27, is amended to read:
256E.27 ANNUAL APPROPRIATION.
All earnings from trust fund assets, all sums received under section 256E.26, and 60
percent of the amount collected under section 144.226, subdivision 3, are appropriated
annually from the children's trust fund for the prevention of child abuse to the commissioner
of human services to carry out sections 256E.20 to 256E.26. deleted text begin In fiscal year 1987 only, the
first $75,000 collected under section 144.226, subdivision 3, is appropriated from the
children's trust fund for the prevention of child abuse to the commissioner of human services
to carry out sections 256E.20 to 256E.26.
deleted text end
Sec. 95.
Minnesota Statutes 2022, section 299A.72, is amended to read:
299A.72 JUVENILE JUSTICE PROGRAM.
The governor shall designate the Department of deleted text begin Public Safetydeleted text end new text begin Children, Youth, and
Familiesnew text end as the sole agency responsible for supervising the preparation and administration
of the state plan for juvenile justice required by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended.
The governor shall designate the Juvenile Justice Advisory Committee as the supervisory
board for the Department of deleted text begin Public Safetydeleted text end new text begin Children, Youth, and Familiesnew text end with respect to
preparation and administration of the state plan and award of grants.
The governor shall appoint members to the Juvenile Justice Advisory Committee in
accordance with the membership requirements of the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended. Section 15.059, subdivision 3, governs the
compensation of the members.
Sec. 96. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must renumber sections or subdivisions in Column A as Column
B.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
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new text begin
256.01, subdivision 12 new text end |
new text begin
142A.03, subdivision 7 new text end |
|
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new text begin
256.01, subdivision 12a new text end |
new text begin
142A.03, subdivision 8 new text end |
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new text begin
256.01, subdivision 15 new text end |
new text begin
142A.03, subdivision 10 new text end |
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new text begin
256.01, subdivision 36 new text end |
new text begin
142A.03, subdivision 22 new text end |
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new text begin
256.0112, subdivision 10 new text end |
new text begin
142A.07, subdivision 8 new text end |
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new text begin
256.019, subdivision 2 new text end |
new text begin
142A.28, subdivision 2 new text end |
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new text begin
256.4793 new text end |
new text begin
142A.45 new text end |
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new text begin
256.4794 new text end |
new text begin
142A.451 new text end |
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new text begin
256.82 new text end |
new text begin
142A.418 new text end |
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new text begin
256.9831 new text end |
new text begin
142A.13, subdivision 14 new text end |
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new text begin
256.9862, subdivision 1 new text end |
new text begin
142A.13, subdivision 10 new text end |
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new text begin
256.9862, subdivision 2 new text end |
new text begin
142A.13, subdivision 11 new text end |
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new text begin
256.9863 new text end |
new text begin
142A.13, subdivision 5 new text end |
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new text begin
256.9865, subdivision 1 new text end |
new text begin
142A.13, subdivision 6 new text end |
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new text begin
256.9865, subdivision 2 new text end |
new text begin
142A.13, subdivision 7 new text end |
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new text begin
256.9865, subdivision 3 new text end |
new text begin
142A.13, subdivision 8 new text end |
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new text begin
256.9865, subdivision 4 new text end |
new text begin
142A.13, subdivision 9 new text end |
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new text begin
256.987, subdivision 2 new text end |
new text begin
142A.13, subdivision 2 new text end |
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new text begin
256.987, subdivision 3 new text end |
new text begin
142A.13, subdivision 3 new text end |
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new text begin
256.987, subdivision 4 new text end |
new text begin
142A.13, subdivision 4 new text end |
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new text begin
256.9871 new text end |
new text begin
142A.13, subdivision 12 new text end |
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new text begin
256.9872 new text end |
new text begin
142A.13, subdivision 13 new text end |
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new text begin
256.997 new text end |
new text begin
142A.30 new text end |
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new text begin
256.998 new text end |
new text begin
142A.29 new text end |
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new text begin
256B.06, subdivision 6 new text end |
new text begin
142A.40 new text end |
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new text begin
256E.20 new text end |
new text begin
142A.41 new text end |
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new text begin
256E.21 new text end |
new text begin
142A.411 new text end |
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new text begin
256E.22 new text end |
new text begin
142A.412 new text end |
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new text begin
256E.24 new text end |
new text begin
142A.413 new text end |
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new text begin
256E.25 new text end |
new text begin
142A.414 new text end |
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new text begin
256E.26 new text end |
new text begin
142A.415 new text end |
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new text begin
256E.27 new text end |
new text begin
142A.416 new text end |
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new text begin
256E.28 new text end |
new text begin
142A.417 new text end |
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new text begin
256N.001 new text end |
new text begin
142A.60 new text end |
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new text begin
256N.01 new text end |
new text begin
142A.601 new text end |
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new text begin
256N.02 new text end |
new text begin
142A.602 new text end |
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new text begin
256N.20 new text end |
new text begin
142A.603 new text end |
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new text begin
256N.21 new text end |
new text begin
142A.604 new text end |
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new text begin
256N.22 new text end |
new text begin
142A.605 new text end |
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new text begin
256N.23 new text end |
new text begin
142A.606 new text end |
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new text begin
256N.24 new text end |
new text begin
142A.607 new text end |
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new text begin
256N.25 new text end |
new text begin
142A.608 new text end |
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new text begin
256N.26 new text end |
new text begin
142A.609 new text end |
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new text begin
256N.261 new text end |
new text begin
142A.61 new text end |
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new text begin
256N.27 new text end |
new text begin
142A.611 new text end |
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new text begin
256N.28 new text end |
new text begin
142A.612 new text end |
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new text begin
257.175 new text end |
new text begin
142A.03, subdivision 32 new text end |
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new text begin
257.33, subdivision 1 new text end |
new text begin
142A.03, subdivision 33 new text end |
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new text begin
257.33, subdivision 2 new text end |
new text begin
142A.03, subdivision 34 new text end |
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new text begin
260.014 new text end |
new text begin
142A.452 new text end |
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new text begin
299A.72 new text end |
new text begin
142A.75 new text end |
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new text begin
299A.73 new text end |
new text begin
142A.43 new text end |
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new text begin
299A.95 new text end |
new text begin
142A.76 new text end |
new text begin
The revisor of statutes must correct any statutory cross-references consistent with this
renumbering.
new text end
Sec. 97. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 256.01, subdivision 30; and 256.9831, subdivisions
2 and 3,
new text end
new text begin
are repealed.
new text end
ARTICLE 2
CHAPTER 142B; LICENSING
Section 1.
new text begin
[142B.01] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
The terms used in this chapter have the meanings given them in
this section.
new text end
new text begin Subd. 2. new text end
new text begin Annual or annually. new text end
new text begin
With the exception of subdivision 3, "annual" or "annually"
means prior to or within the same month of the subsequent calendar year.
new text end
new text begin Subd. 3. new text end
new text begin Applicant. new text end
new text begin
"Applicant" means an individual, organization, or government
entity, as defined in section 13.02, subdivision 7a, that is subject to licensure under this
chapter and that has applied for but not yet been granted a license under this chapter.
new text end
new text begin Subd. 4. new text end
new text begin Authorized agent. new text end
new text begin
"Authorized agent" means the controlling individual
designated by the license holder responsible for communicating with the commissioner of
children, youth, and families on all matters related to this chapter and on whom service of
all notices and orders must be made pursuant to section 142B.10, subdivision 1.
new text end
new text begin Subd. 5. new text end
new text begin Child. new text end
new text begin
"Child" means a person who has not reached age 18.
new text end
new text begin Subd. 6. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of children, youth,
and families or the commissioner's designated representative including county agencies and
private agencies.
new text end
new text begin Subd. 7. new text end
new text begin Controlling individual. new text end
new text begin
(a) "Controlling individual" means an owner of a
program or service provider licensed under this chapter and the following individuals, if
applicable:
new text end
new text begin
(1) each officer of the organization, including the chief executive officer and chief
financial officer;
new text end
new text begin
(2) the individual designated as the authorized agent under section 142B.10, subdivision
1, paragraph (b);
new text end
new text begin
(3) the individual designated as the compliance officer under section 256B.04, subdivision
21, paragraph (g);
new text end
new text begin
(4) each managerial official whose responsibilities include the direction of the
management or policies of a program;
new text end
new text begin
(5) the individual designated as the primary provider of care for a special family child
care program under section 142B.41, subdivision 4, paragraph (d); and
new text end
new text begin
(6) the president and treasurer of the board of directors of a nonprofit corporation.
new text end
new text begin
(b) Controlling individual does not include:
new text end
new text begin
(1) a bank, savings bank, trust company, savings association, credit union, industrial
loan and thrift company, investment banking firm, or insurance company unless the entity
operates a program directly or through a subsidiary;
new text end
new text begin
(2) an individual who is a state or federal official, or state or federal employee, or a
member or employee of the governing body of a political subdivision of the state or federal
government that operates one or more programs, unless the individual is also an officer,
owner, or managerial official of the program, receives remuneration from the program, or
owns any of the beneficial interests not excluded in this subdivision;
new text end
new text begin
(3) an individual who owns less than five percent of the outstanding common shares of
a corporation:
new text end
new text begin
(i) whose securities are exempt under section 80A.45, clause (6); or
new text end
new text begin
(ii) whose transactions are exempt under section 80A.46, clause (2);
new text end
new text begin
(4) an individual who is a member of an organization exempt from taxation under section
290.05, unless the individual is also an officer, owner, or managerial official of the program
or owns any of the beneficial interests not excluded in this subdivision. This clause does
not exclude from the definition of controlling individual an organization that is exempt from
taxation; or
new text end
new text begin
(5) an employee stock ownership plan trust, or a participant or board member of an
employee stock ownership plan, unless the participant or board member is a controlling
individual according to paragraph (a).
new text end
new text begin
(c) For purposes of this subdivision, "managerial official" means an individual who has
the decision-making authority related to the operation of the program, and the responsibility
for the ongoing management of or direction of the policies, services, or employees of the
program. A site director who has no ownership interest in the program is not considered to
be a managerial official for purposes of this definition.
new text end
new text begin Subd. 8. new text end
new text begin County agency. new text end
new text begin
"County agency" means the agency designated by the county
board of commissioners, human service boards, local social services agencies or multicounty
local social services agencies, or departments where those have been established under the
law.
new text end
new text begin Subd. 9. new text end
new text begin Cradleboard. new text end
new text begin
"Cradleboard" means a board or frame on which an infant is
secured using blankets or other material, such as fabric or leather sides, and laces and often
has a frame extending to protect the infant's head. The infant is always placed with the
infant's head facing outward, and the infant remains supervised in the cradleboard while
sleeping or being carried.
new text end
new text begin Subd. 10. new text end
new text begin Foster family setting. new text end
new text begin
"Foster family setting" has the meaning given in
Minnesota Rules, part 2960.3010, subpart 23, and includes settings licensed by the
commissioner of children, youth, and families or the commissioner of corrections.
new text end
new text begin Subd. 11. new text end
new text begin Foster residence setting. new text end
new text begin
"Foster residence setting" has the meaning given
in Minnesota Rules, part 2960.3010, subpart 26, and includes settings licensed by the
commissioner of children, youth, and families or the commissioner of corrections.
new text end
new text begin Subd. 12. new text end
new text begin Individual who is related. new text end
new text begin
"Individual who is related" means a spouse, a
parent, a birth or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece,
a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian.
new text end
new text begin Subd. 13. new text end
new text begin License. new text end
new text begin
"License" means a certificate issued by the commissioner under
section 142B.10 authorizing the license holder to provide a specified program for a specified
period of time and in accordance with the terms of the license and the rules of the
commissioner.
new text end
new text begin Subd. 14. new text end
new text begin License holder. new text end
new text begin
"License holder" means an individual, organization, or
government entity that is legally responsible for the operation of the program or service,
and has been granted a license by the commissioner under this chapter and the rules of the
commissioner.
new text end
new text begin Subd. 15. new text end
new text begin Nonresidential program. new text end
new text begin
"Nonresidential program" means care, supervision,
rehabilitation, training, or habilitation of a child provided outside the child's home and
provided for fewer than 24 hours a day, including child care programs.
new text end
new text begin Subd. 16. new text end
new text begin Owner. new text end
new text begin
"Owner" means an individual or organization that has a direct or
indirect ownership interest of five percent or more in a program licensed under this chapter.
For purposes of this subdivision, "direct ownership interest" means the possession of equity
in capital, stock, or profits of an organization, and "indirect ownership interest" means a
direct ownership interest in an entity that has a direct or indirect ownership interest in a
licensed program. For purposes of this chapter, "owner of an employee stock ownership
plan" means the president and treasurer of the entity. A government entity or nonprofit
corporation that is issued a license under this chapter shall be designated the owner.
new text end
new text begin Subd. 17. new text end
new text begin Organization. new text end
new text begin
"Organization" means a domestic or foreign corporation,
nonprofit corporation, limited liability company, partnership, limited partnership, limited
liability partnership, association, voluntary association, and any other legal or commercial
entity. For purposes of this chapter, organization does not include a government entity.
new text end
new text begin Subd. 18. new text end
new text begin Residential program. new text end
new text begin
"Residential program" means a program that provides
24-hour-a-day care, supervision, food, or lodging to a child or youth outside of the child or
youth's home, including foster care.
new text end
new text begin Subd. 19. new text end
new text begin Respite care services. new text end
new text begin
"Respite care services" means temporary services
provided to a person due to the absence or need for relief of the primary caregiver, the
person's family member, or legal representative who is the primary caregiver and principally
responsible for the care and supervision of the person. Respite care services are those that
provide the level of supervision and care that is necessary to ensure the health and safety
of the person. Respite care services do not include services that are specifically directed
toward the training and habilitation of the person.
new text end
new text begin Subd. 20. new text end
new text begin Youth. new text end
new text begin
"Youth" means a child as defined in section 260C.007, subdivision 4,
and includes individuals under 21 years of age who are in foster care pursuant to section
260C.451.
new text end
Sec. 2.
new text begin
[142B.02] RULES.
new text end
new text begin Subdivision 1. new text end
new text begin Commissioner's authority. new text end
new text begin
The commissioner shall adopt rules under
chapter 14 to govern the operation, maintenance, and licensure of programs subject to
licensure under this chapter. The commissioner shall not adopt any rules that are inconsistent
with or duplicative of existing state or federal regulations. Nothing in this subdivision shall
be construed to prohibit the commissioner from incorporating existing state or federal
regulations or accreditation standards by reference.
new text end
new text begin Subd. 2. new text end
new text begin Standards and regulatory methods. new text end
new text begin
This subdivision applies to rules governing
this chapter. As appropriate for each type of license:
new text end
new text begin
(a) The commissioner shall give preference in rule to standards that describe program
outcomes and the practices that have been shown to result in the desired program outcomes.
new text end
new text begin
(b) The rules may include model program standards for each type of program licensed
by the commissioner.
new text end
new text begin
(c) The rules shall include basic licensing standards governing licensure of each type of
program licensed by the commissioner. The basic licensing standards must be met by all
applicants and license holders. Basic licensing standards must include, but are not limited
to:
new text end
new text begin
(1) standards for adequate staff that take into account the age distribution and severity
of the disability of persons served by the program;
new text end
new text begin
(2) safety standards that take into account the size and conditions of the physical plant
and studies of fire safety including studies of the interaction between fire detection factors,
fire spread factors, and evacuation factors in case of a fire;
new text end
new text begin
(3) standards for program services that describe, when appropriate, adequate levels of
shelter, nutrition, planned activities, materials, and qualifications of individuals responsible
for administering and delivering program services;
new text end
new text begin
(4) standards that describe the characteristics of the settings where program services are
to be delivered; and
new text end
new text begin
(5) health and sanitation standards.
new text end
new text begin Subd. 3. new text end
new text begin Reduction of fees. new text end
new text begin
The commissioner may adopt rules under subdivision 1 to
provide for the reduction of fees established under section 142B.12 when a license holder
substantially exceeds the basic standards for licensure.
new text end
new text begin Subd. 4. new text end
new text begin Evaluation of rules. new text end
new text begin
The commissioner shall evaluate the effects of the rules
within three years after the date of adoption and at least once every five years thereafter.
The evaluation must include an assessment of any discrepancies between the actual and
intended effects of the rules, identification of necessary revisions, if any, and a discussion
of the rules' effect on the availability and quality of licensed programs. The commissioner
shall consider the results of the evaluation in amending and writing rules.
new text end
new text begin Subd. 5. new text end
new text begin Other duties of commissioner. new text end
new text begin
The commissioner shall:
new text end
new text begin
(1) summarize the rules in language understandable to the general public and inform
license holders and applicants where they may obtain a copy of the rules and the summary;
new text end
new text begin
(2) develop and provide each applicant with information describing the services offered
to applicants by the commissioner and explaining the penalties for operating an unlicensed
program or failing to fully comply with the commissioner's correction orders or applicable
laws or rules;
new text end
new text begin
(3) upon request, interpret rules for applicants and license holders; and
new text end
new text begin
(4) take measures to ensure that rules are enforced uniformly throughout the state.
new text end
new text begin Subd. 6. new text end
new text begin Consultation with affected parties. new text end
new text begin
In developing rules, the commissioner
shall request and receive consultation from: other state departments and agencies; counties
and other affected political subdivisions that reflect the diversity of political subdivisions
affected by the rule; persons and relatives of persons using the program governed by the
rule; advocacy groups; and representatives of license holders affected by the rule. In choosing
parties for consultation, the commissioner shall choose individuals and representatives of
groups that reflect a cross section of urban, suburban, and rural areas of the state.
new text end
new text begin Subd. 7. new text end
new text begin Regulatory methods. new text end
new text begin
(a) Where appropriate and feasible, the commissioner
shall identify and implement alternative methods of regulation and enforcement to the extent
authorized in this subdivision. These methods shall include:
new text end
new text begin
(1) expansion of the types and categories of licenses that may be granted;
new text end
new text begin
(2) when the standards of another state or federal governmental agency or an independent
accreditation body have been shown to require the same standards, methods, or alternative
methods to achieve substantially the same intended outcomes as the licensing standards,
the commissioner shall consider compliance with the governmental or accreditation standards
to be equivalent to partial compliance with the licensing standards; and
new text end
new text begin
(3) use of an abbreviated inspection that employs key standards that have been shown
to predict full compliance with the rules.
new text end
new text begin
(b) If the commissioner accepts accreditation as documentation of compliance with a
licensing standard under paragraph (a), the commissioner shall continue to investigate
complaints related to noncompliance with all licensing standards. The commissioner may
take a licensing action for noncompliance under this chapter and shall recognize all existing
appeal rights regarding any licensing actions taken under this chapter.
new text end
new text begin
(c) The commissioner shall work with the commissioners of human services, health,
public safety, administration, and education in consolidating duplicative licensing and
certification rules and standards if the commissioner determines that consolidation is
administratively feasible, would significantly reduce the cost of licensing, and would not
reduce the protection given to persons receiving services in licensed programs. Where
administratively feasible and appropriate, the commissioner shall work with the
commissioners of human services, health, public safety, administration, and education in
conducting joint agency inspections of programs.
new text end
new text begin
(d) The commissioner shall work with the commissioners of human services, health,
public safety, administration, and education in establishing a single point of application for
applicants who are required to obtain concurrent licensure from more than one of the
commissioners listed in this paragraph.
new text end
new text begin
(e) Unless otherwise specified in statute, the commissioner may conduct routine
inspections biennially.
new text end
new text begin
(f) For a licensed child care center, the commissioner shall conduct one unannounced
licensing inspection at least once per calendar year.
new text end
new text begin Subd. 8. new text end
new text begin Interpretive guidelines; authority. new text end
new text begin
The commissioner of children, youth, and
families may develop and publish interpretive guidelines.
new text end
new text begin Subd. 9. new text end
new text begin Effect of interpretive guidelines. new text end
new text begin
Interpretive guidelines do not have the force
and effect of law and have no precedential effect, but may be relied on by consumers,
providers of service, county agencies, the Department of Children, Youth, and Families,
and others concerned until revoked or modified. A guideline may be expressly revoked or
modified by the commissioner, by the issuance of another interpretive guideline, but may
not be revoked or modified retroactively to the detriment of consumers, providers of service,
county agencies, the Department of Children, Youth, and Families, or others concerned. A
change in the law or an interpretation of the law occurring after the interpretive guidelines
are issued, whether in the form of a statute, court decision, administrative ruling, or
subsequent interpretive guideline, results in the revocation or modification of the previously
adopted guidelines to the extent that the change affects the guidelines.
new text end
new text begin Subd. 10. new text end
new text begin Issuance; discretion of commissioner. new text end
new text begin
The issuance of interpretive guidelines
is at the discretion of the commissioner of children, youth, and families.
new text end
Sec. 3.
new text begin
[142B.03] SYSTEMS AND RECORDS.
new text end
new text begin Subdivision 1. new text end
new text begin Record retention; license holder requirements. new text end
new text begin
(a) A license holder
must maintain and store records in a manner that will allow for review by the commissioner
as identified in section 142B.10, subdivision 5. The following records must be maintained
as specified and in accordance with applicable state or federal law, regulation, or rule:
new text end
new text begin
(1) service recipient records, including verification of service delivery, must be maintained
for a minimum of five years following discharge or termination of service;
new text end
new text begin
(2) personnel records must be maintained for a minimum of five years following
termination of employment; and
new text end
new text begin
(3) program administration and financial records must be maintained for a minimum of
five years from the date the program closes.
new text end
new text begin
(b) A license holder who ceases to provide services must maintain all records related to
the licensed program for five years from the date the program closes. The license holder
must notify the commissioner of the location where the licensing records will be stored and
the name of the person responsible for maintaining the stored records.
new text end
new text begin
(c) If the ownership of a licensed program or service changes, the transferor, unless
otherwise provided by law or written agreement with the transferee, is responsible for
maintaining, preserving, and making available to the commissioner on demand the license
records generated before the date of the transfer.
new text end
new text begin
(d) In the event of a contested case, the license holder must retain records as required
in paragraph (a) or until the final agency decision is issued and the conclusion of any related
appeal, whichever period is longer.
new text end
new text begin Subd. 2. new text end
new text begin Electronic records; license holder use. new text end
new text begin
A license holder's use of electronic
record keeping or electronic signatures must meet the following requirements:
new text end
new text begin
(1) use of electronic record keeping or electronic signatures does not alter the license
holder's obligations under state or federal law, regulation, or rule;
new text end
new text begin
(2) the license holder must ensure that the use of electronic record keeping does not limit
the commissioner's access to records as specified under section 142B.10, subdivision 5;
new text end
new text begin
(3) upon request, the license holder must assist the commissioner in accessing and
copying all records, including encrypted records and electronic signatures; and
new text end
new text begin
(4) the license holder must establish a mechanism or procedure to ensure that:
new text end
new text begin
(i) the act of creating the electronic record or signature is attributable to the license
holder, according to section 325L.09;
new text end
new text begin
(ii) the electronic records and signatures are maintained in a form capable of being
retained and accurately reproduced;
new text end
new text begin
(iii) the commissioner has access to information that establishes the date and time that
data and signatures were entered into the electronic record; and
new text end
new text begin
(iv) the license holder's use of electronic record keeping or electronic signatures does
not compromise the security of the records.
new text end
new text begin Subd. 3. new text end
new text begin First date of working in a setting; documentation requirements. new text end
new text begin
Foster
residence setting license holders must document the first date that a person who is a
background study subject begins working in the license holder's setting. If the license holder
does not maintain documentation of each background study subject's first date of working
in the setting in the license holder's personnel files, the license holder must provide
documentation to the commissioner that contains the first date that each background study
subject began working in the license holder's program upon the commissioner's request.
new text end
new text begin Subd. 4. new text end
new text begin First date of direct contact; documentation requirements. new text end
new text begin
Except for family
child care and family foster care for children, license holders must document the first date
that a background study subject has direct contact, as defined in section 245C.02, subdivision
11, with a person served by the license holder's program. Unless this chapter otherwise
requires, if the license holder does not maintain the documentation required by this
subdivision in the license holder's personnel files, the license holder must provide the
documentation to the commissioner upon the commissioner's request.
new text end
Sec. 4.
new text begin
[142B.05] WHO MUST BE LICENSED.
new text end
new text begin Subdivision 1. new text end
new text begin License required. new text end
new text begin
Unless licensed by the commissioner under this chapter,
an individual, organization, or government entity must not:
new text end
new text begin
(1) operate a residential or a nonresidential program;
new text end
new text begin
(2) receive a child or youth for care, supervision, or placement in foster care or adoption;
new text end
new text begin
(3) help plan the placement of a child or youth in foster care or adoption or engage in
placement activities as defined in section 259.21, subdivision 9, in this state, whether or not
the adoption occurs in this state; or
new text end
new text begin
(4) advertise a residential or nonresidential program.
new text end
new text begin Subd. 2. new text end
new text begin Exclusion from licensure. new text end
new text begin
(a) This chapter does not apply to:
new text end
new text begin
(1) residential or nonresidential programs that are provided to a person by an individual
who is related unless the residential program is a child foster care placement made by a
local social services agency or a licensed child-placing agency, except as provided in
subdivision 3;
new text end
new text begin
(2) nonresidential programs that are provided by an unrelated individual to persons from
a single related family;
new text end
new text begin
(3) programs operated by a public school for children 33 months or older;
new text end
new text begin
(4) nonresidential programs primarily for children that provide care or supervision for
periods of less than three hours a day while the child's parent or legal guardian is in the
same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;
new text end
new text begin
(5) homes providing programs for persons placed by a county or a licensed agency for
legal adoption, unless the adoption is not completed within two years;
new text end
new text begin
(6) programs licensed or certified by the commissioner of corrections;
new text end
new text begin
(7) recreation programs for children or adults that are operated or approved by a park
and recreation board whose primary purpose is to provide social and recreational activities;
new text end
new text begin
(8) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA
as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in
section 315.51, whose primary purpose is to provide child care or services to school-age
children;
new text end
new text begin
(9) Head Start nonresidential programs that operate for less than 45 days in each calendar
year;
new text end
new text begin
(10) programs for children such as scouting, boys clubs, girls clubs, and sports and art
programs, and nonresidential programs for children provided for a cumulative total of less
than 30 days in any 12-month period;
new text end
new text begin
(11) the religious instruction of school-age children; Sabbath or Sunday schools; or the
congregate care of children by a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its regular worship;
new text end
new text begin
(12) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;
new text end
new text begin
(13) residential programs serving school-age children whose sole purpose is cultural or
educational exchange, until the commissioner adopts appropriate rules;
new text end
new text begin
(14) community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;
new text end
new text begin
(15) the placement of a child by a birth parent or legal guardian in a preadoptive home
for purposes of adoption as authorized by section 259.47;
new text end
new text begin
(16) a program serving only children who are age 33 months or older, that is operated
by a nonpublic school, for no more than four hours per day per child, with no more than 20
children at any one time, and that is accredited by:
new text end
new text begin
(i) an accrediting agency that is formally recognized by the commissioner of education
as a nonpublic school accrediting organization; or
new text end
new text begin
(ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.
new text end
new text begin
A program that asserts its exemption from licensure under item (ii) shall, upon request from
the commissioner, provide the commissioner with documentation from the accrediting
agency that verifies that the accreditation is current, that the accrediting agency investigates
complaints about services, and that the accrediting agency's standards require background
studies on all people providing direct contact services;
new text end
new text begin
(17) a program operated by a nonprofit organization incorporated in Minnesota or another
state that serves youth in kindergarten through grade 12; provides structured, supervised
youth development activities; and has learning opportunities take place before or after
school, on weekends, or during the summer or other seasonal breaks in the school calendar.
A program exempt under this clause is not eligible for child care assistance under chapter
119B. A program exempt under this clause must:
new text end
new text begin
(i) have a director or supervisor on site who is responsible for overseeing written policies
relating to the management and control of the daily activities of the program, ensuring the
health and safety of program participants, and supervising staff and volunteers;
new text end
new text begin
(ii) have obtained written consent from a parent or legal guardian for each youth
participating in activities at the site; and
new text end
new text begin
(iii) have provided written notice to a parent or legal guardian for each youth at the site
that the program is not licensed or supervised by the state of Minnesota and is not eligible
to receive child care assistance payments;
new text end
new text begin
(18) Head Start programs that serve only children who are at least three years old but
not yet six years old; or
new text end
new text begin
(19) programs licensed by the commissioner of human services under chapter 245A.
new text end
new text begin
(b) For purposes of paragraph (a), clause (4), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.
new text end
new text begin
(c) Nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.
new text end
new text begin Subd. 3. new text end
new text begin Unlicensed programs. new text end
new text begin
(a) It is a misdemeanor for an individual, organization,
or government entity to provide a residential or nonresidential program without a license
issued under this chapter and in willful disregard of this chapter unless the program is
excluded from licensure under subdivision 2.
new text end
new text begin
(b) The commissioner may ask the appropriate county attorney or the attorney general
to begin proceedings to secure a court order against the continued operation of the program,
if an individual, organization, or government entity has:
new text end
new text begin
(1) failed to apply for a license under this chapter after receiving notice that a license is
required or continues to operate without a license after receiving notice that a license is
required;
new text end
new text begin
(2) continued to operate without a license after a license issued under this chapter has
been revoked or suspended under this chapter, and the commissioner has issued a final order
affirming the revocation or suspension, or the license holder did not timely appeal the
sanction; or
new text end
new text begin
(3) continued to operate without a license after a temporary immediate suspension of a
license has been issued under this chapter.
new text end
new text begin
(c) The county attorney and the attorney general have a duty to cooperate with the
commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Licensing moratorium. new text end
new text begin
(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, under
this chapter for a physical location that will not be the primary residence of the license
holder for the entire period of licensure. If a family child foster care home license is issued
during this moratorium and the license holder changes the license holder's primary residence
away from the physical location of the foster care license, the commissioner shall revoke
the license according to section 142B.18. When approving an exception under this paragraph,
the commissioner shall consider the resource need determination process in paragraph (e),
the availability of foster care licensed beds in the geographic area in which the licensee
seeks to operate, the results of a person's choices during their annual assessment and service
plan review, and the recommendation of the local county board. The determination by the
commissioner is final and not subject to appeal. Exceptions to the moratorium include:
new text end
new text begin
(1) foster care licenses replacing foster care licenses in existence on May 15, 2009, and
determined to be needed by the commissioner under paragraph (b); and
new text end
new text begin
(2) new foster care licenses determined to be needed by the commissioner under paragraph
(b) for persons requiring hospital-level care.
new text end
new text begin
(b) The commissioner shall determine the need for newly licensed foster care homes.
As part of the determination, the commissioner shall consider the availability of foster care
capacity in the area in which the licensee seeks to operate, and the recommendation of the
local county board. The determination by the commissioner must be final. A determination
of need is not required for a change in ownership at the same address.
new text end
new text begin
(c) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.
new text end
new text begin
(d) License holders of foster care homes identified under paragraph (c) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the children,
youth, and families licensing division that the license holder provides or intends to provide
these waiver-funded services.
new text end
new text begin
(e) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493.
new text end
Sec. 5.
new text begin
[142B.10] APPLICATION PROCEDURES.
new text end
new text begin Subdivision 1. new text end
new text begin Application for licensure. new text end
new text begin
(a) An individual, organization, or government
entity that is subject to licensure under section 142B.05 must apply for a license. The
application must be made on the forms and in the manner prescribed by the commissioner.
The commissioner shall provide the applicant with instruction in completing the application
and provide information about the rules and requirements of other state agencies that affect
the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within 30 miles of the Minnesota border.
An applicant who intends to buy or otherwise acquire a program or services licensed under
this chapter that is owned by another license holder must apply for a license under this
chapter and comply with the application procedures in this section and section 142B.11.
new text end
new text begin
The commissioner shall act on the application within 90 working days after a complete
application and any required reports have been received from other state agencies or
departments, counties, municipalities, or other political subdivisions. The commissioner
shall not consider an application to be complete until the commissioner receives all of the
required information.
new text end
new text begin
When the commissioner receives an application for initial licensure that is incomplete
because the applicant failed to submit required documents or that is substantially deficient
because the documents submitted do not meet licensing requirements, the commissioner
shall provide the applicant written notice that the application is incomplete or substantially
deficient. In the written notice to the applicant the commissioner shall identify documents
that are missing or deficient and give the applicant 45 days to resubmit a second application
that is substantially complete. An applicant's failure to submit a substantially complete
application after receiving notice from the commissioner is a basis for license denial under
section 142B.11.
new text end
new text begin
(b) An application for licensure must identify all controlling individuals as defined in
section 142B.01, subdivision 8, and must designate one individual to be the authorized
agent. The application must be signed by the authorized agent and must include the authorized
agent's first, middle, and last name; mailing address; and email address. By submitting an
application for licensure, the authorized agent consents to electronic communication with
the commissioner throughout the application process. The authorized agent must be
authorized to accept service on behalf of all of the controlling individuals. A government
entity that holds multiple licenses under this chapter may designate one authorized agent
for all licenses issued under this chapter or may designate a different authorized agent for
each license. Service on the authorized agent is service on all of the controlling individuals.
It is not a defense to any action arising under this chapter that service was not made on each
controlling individual. The designation of a controlling individual as the authorized agent
under this paragraph does not affect the legal responsibility of any other controlling individual
under this chapter.
new text end
new text begin
(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under the
influence of a chemical that impairs the individual's ability to provide services or care. The
license holder must train employees, subcontractors, and volunteers about the program's
drug and alcohol policy.
new text end
new text begin
(d) An applicant and license holder must have a program grievance procedure that permits
persons served by the program and their authorized representatives to bring a grievance to
the highest level of authority in the program.
new text end
new text begin
(e) The commissioner may limit communication during the application process to the
authorized agent or the controlling individuals identified on the license application and for
whom a background study was initiated under chapter 245C. Upon implementation of the
provider licensing and reporting hub, applicants and license holders must use the hub in the
manner prescribed by the commissioner. The commissioner may require the applicant,
except for child foster care, to demonstrate competence in the applicable licensing
requirements by successfully completing a written examination. The commissioner may
develop a prescribed written examination format.
new text end
new text begin
(f) When an applicant is an individual, the applicant must provide:
new text end
new text begin
(1) the applicant's taxpayer identification numbers including the Social Security number
or Minnesota tax identification number, and federal employer identification number if the
applicant has employees;
new text end
new text begin
(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, if any;
new text end
new text begin
(3) if doing business under a different name, the doing business as (DBA) name, as
registered with the secretary of state;
new text end
new text begin
(4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
Minnesota Provider Identifier (UMPI) number; and
new text end
new text begin
(5) at the request of the commissioner, the notarized signature of the applicant or
authorized agent.
new text end
new text begin
(g) When an applicant is an organization, the applicant must provide:
new text end
new text begin
(1) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;
new text end
new text begin
(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, and if doing business under a different
name, the doing business as (DBA) name, as registered with the secretary of state;
new text end
new text begin
(3) the first, middle, and last name, and address for all individuals who will be controlling
individuals, including all officers, owners, and managerial officials as defined in section
142B.01, subdivision 8, and the date that the background study was initiated by the applicant
for each controlling individual;
new text end
new text begin
(4) if applicable, the applicant's NPI number and UMPI number;
new text end
new text begin
(5) the documents that created the organization and that determine the organization's
internal governance and the relations among the persons that own the organization, have
an interest in the organization, or are members of the organization, in each case as provided
or authorized by the organization's governing statute, which may include a partnership
agreement, bylaws, articles of organization, organizational chart, and operating agreement,
or comparable documents as provided in the organization's governing statute; and
new text end
new text begin
(6) the notarized signature of the applicant or authorized agent.
new text end
new text begin
(h) When the applicant is a government entity, the applicant must provide:
new text end
new text begin
(1) the name of the government agency, political subdivision, or other unit of government
seeking the license and the name of the program or services that will be licensed;
new text end
new text begin
(2) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;
new text end
new text begin
(3) a letter signed by the manager, administrator, or other executive of the government
entity authorizing the submission of the license application; and
new text end
new text begin
(4) if applicable, the applicant's NPI number and UMPI number.
new text end
new text begin
(i) At the time of application for licensure or renewal of a license under this chapter, the
applicant or license holder must acknowledge on the form provided by the commissioner
if the applicant or license holder elects to receive any public funding reimbursement from
the commissioner for services provided under the license that:
new text end
new text begin
(1) the applicant's or license holder's compliance with the provider enrollment agreement
or registration requirements for receipt of public funding may be monitored by the
commissioner as part of a licensing investigation or licensing inspection; and
new text end
new text begin
(2) noncompliance with the provider enrollment agreement or registration requirements
for receipt of public funding that is identified through a licensing investigation or licensing
inspection, or noncompliance with a licensing requirement that is a basis of enrollment for
reimbursement for a service, may result in:
new text end
new text begin
(i) a correction order or a conditional license under section 142B.16, or sanctions under
section 142B.18;
new text end
new text begin
(ii) nonpayment of claims submitted by the license holder for public program
reimbursement;
new text end
new text begin
(iii) recovery of payments made for the service;
new text end
new text begin
(iv) disenrollment in the public payment program; or
new text end
new text begin
(v) other administrative, civil, or criminal penalties as provided by law.
new text end
new text begin Subd. 2. new text end
new text begin Notification of affected municipality. new text end
new text begin
The commissioner must not issue a
license under this chapter without giving 30 calendar days' written notice to the affected
municipality or other political subdivision unless the program is considered a permitted
single-family residential use under sections 142B.40 and 142B.41. The commissioner may
provide notice through electronic communication. The notification must be given before
the first issuance of a license under this chapter and annually after that time if annual
notification is requested in writing by the affected municipality or other political subdivision.
State funds must not be made available to or be spent by an agency or department of state,
county, or municipal government for payment to a residential or nonresidential program
licensed under this chapter until the provisions of this subdivision have been complied with
in full. The provisions of this subdivision shall not apply to programs located in hospitals.
new text end
new text begin Subd. 3. new text end
new text begin Meeting fire and safety codes. new text end
new text begin
An applicant or license holder under sections
142B.01 to 142B.50 must document compliance with applicable building codes, fire and
safety codes, health rules, and zoning ordinances, or document that an appropriate waiver
has been granted.
new text end
new text begin Subd. 4. new text end
new text begin Background study. new text end
new text begin
Individuals and organizations that are required under
section 245C.03 to have or initiate background studies shall comply with the requirements
in chapter 245C.
new text end
new text begin Subd. 5. new text end
new text begin Notice of background study results; determination of risk of harm. new text end
new text begin
The
notice of background study results and the commissioner's determination of the background
subject's risk of harm shall be governed according to sections 245C.16 and 245C.17.
new text end
new text begin Subd. 6. new text end
new text begin Reconsideration of disqualification. new text end
new text begin
Reconsideration of a disqualification
shall be governed according to sections 245C.21 to 245C.27.
new text end
new text begin Subd. 7. new text end
new text begin Contested case. new text end
new text begin
Contested case hearing rights related to a disqualification shall
be governed according to section 245C.28.
new text end
new text begin Subd. 8. new text end
new text begin Disqualification. new text end
new text begin
Disqualification shall be governed according to sections
245C.14 and 245C.15.
new text end
new text begin Subd. 9. new text end
new text begin Variance for a disqualified individual. new text end
new text begin
A variance for a disqualified individual
shall be governed according to section 245C.30.
new text end
new text begin Subd. 10. new text end
new text begin Conclusive determinations or dispositions. new text end
new text begin
Whether a disqualification
determination or maltreatment determination or disposition is deemed conclusive shall be
governed according to section 245C.29.
new text end
new text begin Subd. 11. new text end
new text begin Inspections; waiver. new text end
new text begin
(a) Before issuing a license under this chapter, the
commissioner shall conduct an inspection of the program. The inspection must include but
is not limited to:
new text end
new text begin
(1) an inspection of the physical plant;
new text end
new text begin
(2) an inspection of records and documents;
new text end
new text begin
(3) observation of the program in operation; and
new text end
new text begin
(4) an inspection for the health, safety, and fire standards in licensing requirements for
a child care license holder.
new text end
new text begin
(b) The observation in paragraph (a), clause (3), is not required prior to issuing a license
under subdivision 14. If the commissioner issues a license under this chapter, these
requirements must be completed within one year after the issuance of the license.
new text end
new text begin
(c) Before completing a licensing inspection in a family child care program or child care
center, the licensing agency must offer the license holder an exit interview to discuss
violations or potential violations of law or rule observed during the inspection and offer
technical assistance on how to comply with applicable laws and rules. The commissioner
shall not issue a correction order or negative licensing action for violations of law or rule
not discussed in an exit interview, unless a license holder chooses not to participate in an
exit interview or not to complete the exit interview. If the license holder is unable to complete
the exit interview, the licensing agency must offer an alternate time for the license holder
to complete the exit interview.
new text end
new text begin
(d) If a family child care license holder disputes a county licensor's interpretation of a
licensing requirement during a licensing inspection or exit interview, the license holder
may, within five business days after the exit interview or licensing inspection, request
clarification from the commissioner, in writing, in a manner prescribed by the commissioner.
The license holder's request must describe the county licensor's interpretation of the licensing
requirement at issue, and explain why the license holder believes the county licensor's
interpretation is inaccurate. The commissioner and the county must include the license
holder in all correspondence regarding the disputed interpretation, and must provide an
opportunity for the license holder to contribute relevant information that may impact the
commissioner's decision. The county licensor must not issue a correction order related to
the disputed licensing requirement until the commissioner has provided clarification to the
license holder about the licensing requirement.
new text end
new text begin
(e) The commissioner or the county shall inspect at least once each calendar year a child
care provider licensed under this chapter and Minnesota Rules, chapter 9502 or 9503, for
compliance with applicable licensing standards.
new text end
new text begin
(f) The commissioner shall make publicly available on the department's website the
results of inspection reports of all child care providers licensed under this chapter and under
Minnesota Rules, chapter 9502 or 9503, and the number of deaths, serious injuries, and
instances of substantiated child maltreatment that occurred in licensed child care settings
each year.
new text end
new text begin Subd. 12. new text end
new text begin Commissioner's right of access. new text end
new text begin
(a) When the commissioner is exercising
the powers conferred by this chapter, section 626.557, and chapter 260E, the commissioner
must be given access to:
new text end
new text begin
(1) the physical plant and grounds where the program is provided;
new text end
new text begin
(2) documents and records, including records maintained in electronic format;
new text end
new text begin
(3) persons served by the program; and
new text end
new text begin
(4) staff and personnel records of current and former staff whenever the program is in
operation and the information is relevant to inspections or investigations conducted by the
commissioner. Upon request, the license holder must provide the commissioner verification
of documentation of staff work experience, training, or educational requirements.
new text end
new text begin
The commissioner must be given access without prior notice and as often as the commissioner
considers necessary if the commissioner is investigating alleged maltreatment, conducting
a licensing inspection, or investigating an alleged violation of applicable laws or rules. In
conducting inspections, the commissioner may request and shall receive assistance from
other state, county, and municipal governmental agencies and departments. The applicant
or license holder shall allow the commissioner to photocopy, photograph, and make audio
and video recordings during the inspection of the program at the commissioner's expense.
The commissioner shall obtain a court order or the consent of the subject of the records or
the parents or legal guardian of the subject before photocopying hospital medical records.
new text end
new text begin
(b) Persons served by the program have the right to refuse to consent to be interviewed,
photographed, or audio or video recorded. Failure or refusal of an applicant or license holder
to fully comply with this subdivision is reasonable cause for the commissioner to deny the
application or immediately suspend or revoke the license.
new text end
new text begin Subd. 13. new text end
new text begin Commissioner's evaluation. new text end
new text begin
(a) Before issuing, denying, suspending, revoking,
or making conditional a license, the commissioner shall evaluate information gathered under
this section. The commissioner's evaluation shall consider the applicable requirements of
statutes and rules for the program or services for which the applicant seeks a license,
including the disqualification standards set forth in chapter 245C, and shall evaluate facts,
conditions, or circumstances concerning:
new text end
new text begin
(1) the program's operation;
new text end
new text begin
(2) the well-being of persons served by the program;
new text end
new text begin
(3) available evaluations of the program by persons receiving services;
new text end
new text begin
(4) information about the qualifications of the personnel employed by the applicant or
license holder; and
new text end
new text begin
(5) the applicant's or license holder's ability to demonstrate competent knowledge of the
applicable requirements of statutes and rules, including this chapter and chapter 245C, for
which the applicant seeks a license or the license holder is licensed.
new text end
new text begin
(b) The commissioner shall review the results of the study required in subdivision 4 and
determine whether the commissioner of human services correctly determined whether a
risk of harm to the person served by the program exists under the standards set forth in
chapter 245C.
new text end
new text begin Subd. 14. new text end
new text begin Grant of license; license extension. new text end
new text begin
(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license consistent with this section or, if applicable, a temporary change of ownership license
under section 142B.11. At minimum, the license shall state:
new text end
new text begin
(1) the name of the license holder;
new text end
new text begin
(2) the address of the program;
new text end
new text begin
(3) the effective date and expiration date of the license;
new text end
new text begin
(4) the type of license;
new text end
new text begin
(5) the maximum number and ages of persons that may receive services from the program;
and
new text end
new text begin
(6) any special conditions of licensure.
new text end
new text begin
(b) The commissioner may issue a license for a period not to exceed two years if:
new text end
new text begin
(1) the commissioner is unable to conduct the observation required by subdivision 11,
paragraph (a), clause (3), because the program is not yet operational;
new text end
new text begin
(2) certain records and documents are not available because persons are not yet receiving
services from the program; and
new text end
new text begin
(3) the applicant complies with applicable laws and rules in all other respects.
new text end
new text begin
(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program.
new text end
new text begin
(d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a
license if the applicant, license holder, or an affiliated controlling individual has:
new text end
new text begin
(1) been disqualified and the disqualification was not set aside and no variance has been
granted;
new text end
new text begin
(2) been denied a license under this chapter or chapter 245A within the past two years;
new text end
new text begin
(3) had a license issued under this chapter or chapter 245A revoked within the past five
years; or
new text end
new text begin
(4) failed to submit the information required of an applicant under subdivision 1,
paragraph (f), (g), or (h), after being requested by the commissioner.
new text end
new text begin
When a license issued under this chapter or chapter 245A is revoked, the license holder
and each affiliated controlling individual with a revoked license may not hold any license
under chapter 142B for five years following the revocation, and other licenses held by the
applicant or license holder or licenses affiliated with each controlling individual shall also
be revoked.
new text end
new text begin
(e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license
affiliated with a license holder or controlling individual that had a license revoked within
the past five years if the commissioner determines that (1) the license holder or controlling
individual is operating the program in substantial compliance with applicable laws and rules
and (2) the program's continued operation is in the best interests of the community being
served.
new text end
new text begin
(f) Notwithstanding paragraph (d), the commissioner may issue a new license in response
to an application that is affiliated with an applicant, license holder, or controlling individual
that had an application denied within the past two years or a license revoked within the past
five years if the commissioner determines that (1) the applicant or controlling individual
has operated one or more programs in substantial compliance with applicable laws and rules
and (2) the program's operation would be in the best interests of the community to be served.
new text end
new text begin
(g) In determining whether a program's operation would be in the best interests of the
community to be served, the commissioner shall consider factors such as the number of
persons served, the availability of alternative services available in the surrounding
community, the management structure of the program, whether the program provides
culturally specific services, and other relevant factors.
new text end
new text begin
(h) The commissioner shall not issue or reissue a license under this chapter if an individual
living in the household where the services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
and no variance has been granted.
new text end
new text begin
(i) Pursuant to section 142B.18, subdivision 1, paragraph (b), when a license issued
under this chapter has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.
new text end
new text begin
(j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of
a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.
new text end
new text begin
(k) For purposes of reimbursement for meals only, under the Child and Adult Care Food
Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226,
relocation within the same county by a licensed family day care provider, shall be considered
an extension of the license for a period of no more than 30 calendar days or until the new
license is issued, whichever occurs first, provided the county agency has determined the
family day care provider meets licensure requirements at the new location.
new text end
new text begin
(l) Unless otherwise specified by statute, all licenses issued under this chapter expire at
12:01 a.m. on the day after the expiration date stated on the license. A license holder must
apply for and be granted a new license to operate the program or the program must not be
operated after the expiration date.
new text end
new text begin
(m) The commissioner shall not issue or reissue a license under this chapter if it has
been determined that a tribal licensing authority has established jurisdiction to license the
program or service.
new text end
new text begin
(n) The commissioner of children, youth, and families shall coordinate and share data
with the commissioner of human services to enforce this section.
new text end
new text begin Subd. 15. new text end
new text begin Notification required. new text end
new text begin
(a) A license holder must notify the commissioner, in
a manner prescribed by the commissioner, and obtain the commissioner's approval before
making any change that would alter the license information listed under subdivision 14,
paragraph (a).
new text end
new text begin
(b) A license holder must also notify the commissioner, in a manner prescribed by the
commissioner, before making any change:
new text end
new text begin
(1) to the license holder's authorized agent as defined in section 142B.01, subdivision
5;
new text end
new text begin
(2) to the license holder's controlling individual as defined in section 142B.01, subdivision
8;
new text end
new text begin
(3) to the license holder information on file with the secretary of state;
new text end
new text begin
(4) in the location of the program or service licensed under this chapter; and
new text end
new text begin
(5) to the federal or state tax identification number associated with the license holder.
new text end
new text begin
(c) When, for reasons beyond the license holder's control, a license holder cannot provide
the commissioner with prior notice of the changes in paragraph (b), clauses (1) to (3), the
license holder must notify the commissioner by the tenth business day after the change and
must provide any additional information requested by the commissioner.
new text end
new text begin
(d) When a license holder notifies the commissioner of a change to the license holder
information on file with the secretary of state, the license holder must provide amended
articles of incorporation and other documentation of the change.
new text end
new text begin
(e) Upon implementation of the provider licensing and reporting hub, license holders
must enter and update information in the hub in a manner prescribed by the commissioner.
new text end
new text begin Subd. 16. new text end
new text begin Variances. new text end
new text begin
(a) The commissioner may grant variances to rules that do not
affect the health or safety of persons in a licensed program if the following conditions are
met:
new text end
new text begin
(1) the variance must be requested by an applicant or 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 must include the reasons that the applicant or license holder
cannot comply with a requirement as stated in the rule and the alternative equivalent measures
that the applicant or license holder will follow to comply with the intent of the rule; and
new text end
new text begin
(3) the request must state the period of time for which the variance is requested.
new text end
new text begin
The commissioner may grant a permanent variance when conditions under which the variance
is requested do not affect the health or safety of persons being served by the licensed program,
nor compromise the qualifications of staff to provide services. The permanent variance shall
expire as soon as the conditions that warranted the variance are modified in any way. Any
applicant or license holder must inform the commissioner of any changes or modifications
that have occurred in the conditions that warranted the permanent variance. Failure to advise
the commissioner shall result in revocation of the permanent variance and may be cause for
other sanctions under sections 142B.17 and 142B.18.
new text end
new text begin
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
(b) The commissioner shall consider variances for child care center staff qualification
requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect
the health and safety of children served by the center. A variance request must be submitted
to the commissioner in accordance with paragraph (a) and must include a plan for the staff
person to gain additional experience, education, or training, as requested by the commissioner.
When reviewing a variance request under this section, the commissioner shall consider the
staff person's level of professional development, including but not limited to steps completed
on the Minnesota career lattice.
new text end
new text begin
(c) Counties shall use a uniform application form developed by the commissioner for
variance requests by family child care license holders.
new text end
new text begin Subd. 17. new text end
new text begin Education program; permitted ages; additional requirement. new text end
new text begin
(a) A program
licensed by the commissioner under Minnesota Rules, chapter 2960, may serve a person
who is over the age of 18 but under the age of 21 if the person is:
new text end
new text begin
(1) completing secondary education or a program leading to an equivalent credential;
new text end
new text begin
(2) enrolled in an institution that provides postsecondary or vocational education;
new text end
new text begin
(3) participating in a program or activity designed to promote or remove barriers to
employment;
new text end
new text begin
(4) employed for at least 80 hours per month; or
new text end
new text begin
(5) incapable of doing any of the activities described in clauses (1) to (4) due to a medical
condition, which incapability is supported by regularly updated information in the case plan
of the person.
new text end
new text begin
(b) Nothing in this subdivision precludes the license holder from seeking other variances
under subdivision 16.
new text end
new text begin Subd. 18. new text end
new text begin Funds and property; other requirements. new text end
new text begin
(a) A license holder must ensure
that persons served by the program retain the use and availability of personal funds or
property unless restrictions are justified in the person's individual plan.
new text end
new text begin
(b) The license holder must ensure separation of funds of persons served by the program
from funds of the license holder, the program, or program staff.
new text end
new text begin
(c) Whenever the license holder assists a person served by the program with the
safekeeping of funds or other property, the license holder must:
new text end
new text begin
(1) immediately document receipt and disbursement of the person's funds or other
property at the time of receipt or disbursement, including the person's signature, or the
signature of the conservator or payee; and
new text end
new text begin
(2) return to the person upon the person's request, funds and property in the license
holder's possession subject to restrictions in the person's treatment plan, as soon as possible,
but no later than three working days after the date of request.
new text end
new text begin
(d) License holders and program staff must not:
new text end
new text begin
(1) borrow money from a person served by the program;
new text end
new text begin
(2) purchase personal items from a person served by the program;
new text end
new text begin
(3) sell merchandise or personal services to a person served by the program;
new text end
new text begin
(4) require a person served by the program to purchase items for which the license holder
is eligible for reimbursement; or
new text end
new text begin
(5) use funds of persons served by the program to purchase items for which the facility
is already receiving public or private payments.
new text end
new text begin Subd. 19. new text end
new text begin
Policies and procedures for program administration required and
enforceable.
new text end
new text begin
(a) The license holder shall develop program policies and procedures necessary
to maintain compliance with licensing requirements under Minnesota Statutes and Minnesota
Rules.
new text end
new text begin
(b) The license holder shall:
new text end
new text begin
(1) provide training to program staff related to their duties in implementing the program's
policies and procedures developed under paragraph (a);
new text end
new text begin
(2) document the provision of this training; and
new text end
new text begin
(3) monitor implementation of policies and procedures by program staff.
new text end
new text begin
(c) The license holder shall keep program policies and procedures readily accessible to
staff and index the policies and procedures with a table of contents or another method
approved by the commissioner.
new text end
new text begin Subd. 20. new text end
new text begin Pandemic planning. new text end
new text begin
Upon request, the license holder must cooperate with
state and local government disaster planning agencies working to prepare for or react to
emergencies presented by a pandemic outbreak.
new text end
new text begin Subd. 21. new text end
new text begin Plan for transfer of clients and records upon closure. new text end
new text begin
(a) Except for license
holders who reside on the premises and child care providers, an applicant for initial or
continuing licensure or certification must submit a written plan indicating how the program
will ensure the transfer of clients and records for both open and closed cases if the program
closes. The plan must provide for managing private and confidential information concerning
program clients. The plan must also provide for notifying affected clients of the closure at
least 25 days prior to closure, including information on how to access their records. A
controlling individual of the program must annually review and sign the plan.
new text end
new text begin
(b) Plans for the transfer of open cases and case records must specify arrangements the
program will make to transfer clients to another provider or county agency for continuation
of services and to transfer the case record with the client.
new text end
new text begin
(c) Plans for the transfer of closed case records must be accompanied by a signed
agreement or other documentation indicating that a county or a similarly licensed provider
has agreed to accept and maintain the program's closed case records and to provide follow-up
services as necessary to affected clients.
new text end
new text begin Subd. 22. new text end
new text begin Program policy; reporting a death in the program. new text end
new text begin
Unless such reporting
is otherwise already required under statute or rule, programs licensed under this chapter
must have a written policy for reporting the death of an individual served by the program
to the commissioner of children, youth, and families. Within 24 hours of receiving knowledge
of the death of an individual served by the program, the license holder shall notify the
commissioner of the individual's death. If the license holder has reason to know that the
death has been reported to the commissioner, a subsequent report is not required.
new text end
Sec. 6.
new text begin
[142B.11] LICENSE APPLICATION AFTER CHANGE OF OWNERSHIP.
new text end
new text begin Subdivision 1. new text end
new text begin Transfer prohibited. new text end
new text begin
A license issued under this chapter is only valid
for a premises and individual, organization, or government entity identified by the
commissioner on the license. A license is not transferable or assignable.
new text end
new text begin Subd. 2. new text end
new text begin Change in ownership. new text end
new text begin
(a) If the commissioner determines that there is a change
in ownership, the commissioner shall require submission of a new license application. This
subdivision does not apply to a licensed program or service located in a home where the
license holder resides. A change in ownership occurs when:
new text end
new text begin
(1) the license holder sells or transfers 100 percent of the property, stock, or assets;
new text end
new text begin
(2) the license holder merges with another organization;
new text end
new text begin
(3) the license holder consolidates with two or more organizations, resulting in the
creation of a new organization;
new text end
new text begin
(4) there is a change to the federal tax identification number associated with the license
holder; or
new text end
new text begin
(5) all controlling individuals associated with the original application have changed.
new text end
new text begin
(b) Notwithstanding paragraph (a), clauses (1) and (5), no change in ownership has
occurred if at least one controlling individual has been listed as a controlling individual for
the license for at least the previous 12 months.
new text end
new text begin Subd. 3. new text end
new text begin Change of ownership process. new text end
new text begin
(a) When a change in ownership is proposed
and the party intends to assume operation without an interruption in service longer than 60
days after acquiring the program or service, the license holder must provide the commissioner
with written notice of the proposed change on a form provided by the commissioner at least
60 days before the anticipated date of the change in ownership. For purposes of this
subdivision and subdivision 4, "party" means the party that intends to operate the service
or program.
new text end
new text begin
(b) The party must submit a license application under this chapter on the form and in
the manner prescribed by the commissioner at least 30 days before the change in ownership
is complete and must include documentation to support the upcoming change. The party
must comply with background study requirements under chapter 245C and shall pay the
application fee required under section 245A.10.
new text end
new text begin
(c) The commissioner may streamline application procedures when the party is an existing
license holder under this chapter and is acquiring a program licensed under this chapter or
service in the same service class as one or more licensed programs or services the party
operates and those licenses are in substantial compliance. For purposes of this subdivision,
"substantial compliance" means within the previous 12 months the commissioner did not
(1) issue a sanction under section 245A.07 against a license held by the party, or (2) make
a license held by the party conditional according to section 245A.06.
new text end
new text begin
(d) Except when a temporary change in ownership license is issued pursuant to
subdivision 4, the existing license holder is solely responsible for operating the program
according to applicable laws and rules until a license under this chapter is issued to the
party.
new text end
new text begin
(e) If a licensing inspection of the program or service was conducted within the previous
12 months and the existing license holder's license record demonstrates substantial
compliance with the applicable licensing requirements, the commissioner may waive the
party's inspection required by section 245A.04, subdivision 4. The party must submit to the
commissioner (1) proof that the premises was inspected by a fire marshal or that the fire
marshal deemed that an inspection was not warranted, and (2) proof that the premises was
inspected for compliance with the building code or that no inspection was deemed warranted.
new text end
new text begin
(f) If the party is seeking a license for a program or service that has an outstanding action
under section 245A.06 or 245A.07, the party must submit a letter as part of the application
process identifying how the party has or will come into full compliance with the licensing
requirements.
new text end
new text begin
(g) The commissioner shall evaluate the party's application according to section 245A.04,
subdivision 6. If the commissioner determines that the party has remedied or demonstrates
the ability to remedy the outstanding actions under section 245A.06 or 245A.07 and has
determined that the program otherwise complies with all applicable laws and rules, the
commissioner shall issue a license or conditional license under this chapter. The conditional
license remains in effect until the commissioner determines that the grounds for the action
are corrected or no longer exist.
new text end
new text begin
(h) The commissioner may deny an application as provided in section 245A.05. An
applicant whose application was denied by the commissioner may appeal the denial according
to section 245A.05.
new text end
new text begin
(i) This subdivision does not apply to a licensed program or service located in a home
where the license holder resides.
new text end
new text begin Subd. 4. new text end
new text begin Temporary change in ownership license. new text end
new text begin
(a) After receiving the party's
application pursuant to subdivision 3, upon the written request of the existing license holder
and the party, the commissioner may issue a temporary change in ownership license to the
party while the commissioner evaluates the party's application. Until a decision is made to
grant or deny a license under this chapter, the existing license holder and the party shall
both be responsible for operating the program or service according to applicable laws and
rules, and the sale or transfer of the existing license holder's ownership interest in the licensed
program or service does not terminate the existing license.
new text end
new text begin
(b) The commissioner may issue a temporary change in ownership license when a license
holder's death, divorce, or other event affects the ownership of the program and an applicant
seeks to assume operation of the program or service to ensure continuity of the program or
service while a license application is evaluated.
new text end
new text begin
(c) This subdivision applies to any program or service licensed under this chapter.
new text end
Sec. 7.
new text begin
[142B.12] FEES.
new text end
new text begin Subdivision 1. new text end
new text begin Application or license fee required, programs exempt from fee. new text end
new text begin
(a)
Unless exempt under paragraph (b), the commissioner shall charge a fee for evaluation of
applications and inspection of programs that are licensed under this chapter.
new text end
new text begin
(b) Except as provided under subdivision 2, no application or license fee shall be charged
for child foster care or family and group family child care.
new text end
new text begin Subd. 2. new text end
new text begin County fees for applications and licensing inspections. new text end
new text begin
(a) A county agency
may charge a license fee to an applicant or license holder not to exceed $50 for a one-year
license or $100 for a two-year license.
new text end
new text begin
(b) Counties may allow providers to pay the applicant fee in paragraph (a) on an
installment basis for up to one year. If the provider is receiving child care assistance payments
from the state, the provider may have the fee under paragraph (a) deducted from the child
care assistance payments for up to one year and the state shall reimburse the county for the
county fees collected in this manner.
new text end
new text begin
(c) For purposes of child foster care licensing under this chapter, a county agency may
charge a fee to a corporate applicant or corporate license holder to recover the actual cost
of licensing inspections, not to exceed $500 annually.
new text end
new text begin
(d) Counties may elect to reduce or waive the fees in paragraph (c) under the following
circumstances:
new text end
new text begin
(1) in cases of financial hardship;
new text end
new text begin
(2) if the county has a shortage of providers in the county's area; or
new text end
new text begin
(3) for new providers.
new text end
new text begin Subd. 3. new text end
new text begin Application fee for initial license. new text end
new text begin
(a) For fees required under subdivision 1,
an applicant for an initial license issued by the commissioner shall submit a $500 application
fee with each new application required under this subdivision. The application fee shall not
be prorated, is nonrefundable, and is in lieu of the annual license fee that expires on December
31. The commissioner shall not process an application until the application fee is paid.
new text end
new text begin
(b) An applicant shall apply for a license to provide services at a specific location, except
an applicant for a license for a private agency to provide foster care or adoption services
under Minnesota Rules, parts 9545.0755 to 9545.0845, shall submit a single application to
provide services statewide.
new text end
new text begin Subd. 4. new text end
new text begin License fee for certain programs. new text end
new text begin
(a) Child care centers shall pay an annual
nonrefundable license fee based on the following schedule:
new text end
|
new text begin
Licensed Capacity new text end |
new text begin
Child Care Center License Fee new text end |
|
|
new text begin
1 to 24 persons new text end |
new text begin
$200 new text end |
|
|
new text begin
25 to 49 persons new text end |
new text begin
$300 new text end |
|
|
new text begin
50 to 74 persons new text end |
new text begin
$400 new text end |
|
|
new text begin
75 to 99 persons new text end |
new text begin
$500 new text end |
|
|
new text begin
100 to 124 persons new text end |
new text begin
$600 new text end |
|
|
new text begin
125 to 149 persons new text end |
new text begin
$700 new text end |
|
|
new text begin
150 to 174 persons new text end |
new text begin
$800 new text end |
|
|
new text begin
175 to 199 persons new text end |
new text begin
$900 new text end |
|
|
new text begin
200 to 224 persons new text end |
new text begin
$1,000 new text end |
|
|
new text begin
225 or more persons new text end |
new text begin
$1,100 new text end |
new text begin
(b) A private agency licensed to provide foster care and adoption services under
Minnesota Rules, parts 9545.0755 to 9545.0845, shall pay an annual nonrefundable license
fee of $875.
new text end
new text begin Subd. 5. new text end
new text begin License not issued until license fee is paid. new text end
new text begin
The commissioner shall not issue
or reissue a license until the license fee is paid. The commissioner shall send a bill for the
license fee to the billing address identified by the license holder. If the license holder does
not submit the license fee payment by the due date, the commissioner shall send the license
holder a past due notice. If the license holder fails to pay the license fee by the due date on
the past due notice, the commissioner shall send a final notice to the license holder informing
the license holder that the program license will expire on December 31 unless the license
fee is paid before December 31. If a license expires, the program is no longer licensed and,
unless exempt from licensure under section 142B.05, subdivision 2, must not operate after
the expiration date. After a license expires, if the former license holder wishes to provide
licensed services, the former license holder must submit a new license application and
application fee under subdivision 3.
new text end
new text begin Subd. 6. new text end
new text begin
Children, youth, and families licensing fees to recover
expenditures.
new text end
new text begin
Notwithstanding section 16A.1285, subdivision 2, related to activities for
which the commissioner charges a fee, the commissioner must plan to fully recover direct
expenditures for licensing activities under this chapter over a five-year period. The
commissioner may have anticipated expenditures in excess of anticipated revenues in a
biennium by using surplus revenues accumulated in previous bienniums.
new text end
new text begin Subd. 7. new text end
new text begin Deposit of license fees. new text end
new text begin
A children, youth, and families licensing account is
created in the state government special revenue fund. Fees collected under subdivisions 3
and 4 must be deposited in the children, youth, and families licensing account and are
annually appropriated to the commissioner for licensing activities authorized under this
chapter.
new text end
new text begin Subd. 8. new text end
new text begin License not reissued until outstanding debt is paid. new text end
new text begin
The commissioner shall
not reissue a license until the license holder has paid all outstanding debts related to a
licensing fine or settlement agreement for which payment is delinquent. If the payment is
past due, the commissioner shall send a past due notice informing the license holder that
the program license will expire on December 31 unless the outstanding debt is paid before
December 31. If a license expires, the program is no longer licensed and must not operate
after the expiration date. After a license expires, if the former license holder wishes to
provide licensed services, the former license holder must submit a new license application
and application fee under subdivision 3.
new text end
Sec. 8.
new text begin
[142B.15] DENIAL OF APPLICATION.
new text end
new text begin
(a) The commissioner may deny a license if an applicant or controlling individual:
new text end
new text begin
(1) fails to submit a substantially complete application after receiving notice from the
commissioner under section 142B.10, subdivision 1;
new text end
new text begin
(2) fails to comply with applicable laws or rules;
new text end
new text begin
(3) knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;
new text end
new text begin
(4) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;
new text end
new text begin
(5) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted;
new text end
new text begin
(6) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted;
new text end
new text begin
(7) fails to comply with section 142B.10, subdivision 1, paragraph (f) or (g);
new text end
new text begin
(8) fails to demonstrate competent knowledge as required by section 142B.10, subdivision
13;
new text end
new text begin
(9) has a history of noncompliance as a license holder or controlling individual with
applicable laws or rules, including but not limited to this chapter and chapters 142E, 245A,
and 245C;
new text end
new text begin
(10) is prohibited from holding a license according to section 142A.12 or 245.095; or
new text end
new text begin
(11) for a family foster setting, has or has an individual who is living in the household
where the licensed services are provided or is otherwise subject to a background study who
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the applicant's ability to safely provide care to foster children.
new text end
new text begin
(b) An applicant whose application has been denied by the commissioner must be given
notice of the denial, which must state the reasons for the denial in plain language. Notice
must be given by certified mail, by personal service, or through the provider licensing and
reporting hub. The notice must state the reasons the application was denied and must inform
the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules,
parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the
commissioner in writing by certified mail, by personal service, or through the provider
licensing and reporting hub. If mailed, the appeal must be postmarked and sent to the
commissioner within 20 calendar days after the applicant received the notice of denial. If
an appeal request is made by personal service, it must be received by the commissioner
within 20 calendar days after the applicant received the notice of denial. If the order is issued
through the provider hub, the appeal must be received by the commissioner within 20
calendar days from the date the commissioner issued the order through the hub. Section
142B.20 applies to hearings held to appeal the commissioner's denial of an application.
new text end
Sec. 9.
new text begin
[142B.16] CORRECTION ORDER AND CONDITIONAL LICENSE.
new text end
new text begin Subdivision 1. new text end
new text begin Contents of correction orders and conditional licenses. new text end
new text begin
(a) If the
commissioner finds that the applicant or license holder has failed to comply with an
applicable law or rule and this failure does not imminently endanger the health, safety, or
rights of the persons served by the program, the commissioner may issue a correction order
and an order of conditional license to the applicant or license holder. When issuing a
conditional license, the commissioner shall consider the nature, chronicity, or severity of
the violation of law or rule and the effect of the violation on the health, safety, or rights of
persons served by the program. The correction order or conditional license must state the
following in plain language:
new text end
new text begin
(1) the conditions that constitute a violation of the law or rule;
new text end
new text begin
(2) the specific law or rule violated;
new text end
new text begin
(3) the time allowed to correct each violation; and
new text end
new text begin
(4) if a license is made conditional, the length and terms of the conditional license, and
the reasons for making the license conditional.
new text end
new text begin
(b) Nothing in this section prohibits the commissioner from proposing a sanction as
specified in section 142B.18, prior to issuing a correction order or conditional license.
new text end
new text begin
(c) The commissioner may issue a correction order and an order of conditional license
to the applicant or license holder through the provider licensing and reporting hub.
new text end
new text begin Subd. 2. new text end
new text begin Reconsideration of correction orders. new text end
new text begin
(a) If the applicant or license holder
believes that the contents of the commissioner's correction order are in error, the applicant
or license holder may ask the Department of Children, Youth, and Families to reconsider
the parts of the correction order that are alleged to be in error. The request for reconsideration
must be made in writing and must be postmarked and sent to the commissioner within 20
calendar days after receipt of the correction order by the applicant or license holder or
submitted in the provider licensing and reporting hub within 20 calendar days from the date
the commissioner issued the order through the hub, and:
new text end
new text begin
(1) specify the parts of the correction order that are alleged to be in error;
new text end
new text begin
(2) explain why they are in error; and
new text end
new text begin
(3) include documentation to support the allegation of error.
new text end
new text begin
Upon implementation of the provider licensing and reporting hub, the provider must use
the hub to request reconsideration. A request for reconsideration does not stay any provisions
or requirements of the correction order. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter 14.
new text end
new text begin
(b) This paragraph applies only to licensed family child care providers. A licensed family
child care provider who requests reconsideration of a correction order under paragraph (a)
may also request, on a form and in the manner prescribed by the commissioner, that the
commissioner expedite the review if:
new text end
new text begin
(1) the provider is challenging a violation and provides a description of how complying
with the corrective action for that violation would require the substantial expenditure of
funds or a significant change to their program; and
new text end
new text begin
(2) describes what actions the provider will take in lieu of the corrective action ordered
to ensure the health and safety of children in care pending the commissioner's review of the
correction order.
new text end
new text begin Subd. 3. new text end
new text begin Failure to comply. new text end
new text begin
If the commissioner finds that the applicant or license holder
has not corrected the violations specified in the correction order or conditional license, the
commissioner may impose a fine and order other licensing sanctions pursuant to section
142B.18.
new text end
new text begin Subd. 4. new text end
new text begin Notice of conditional license; reconsideration of conditional license. new text end
new text begin
(a) If
a license is made conditional, the license holder must be notified of the order by certified
mail, by personal service, or through the provider licensing and reporting hub. If mailed,
the notice must be mailed to the address shown on the application or the last known address
of the license holder. The notice must state the reasons the conditional license was ordered
and must inform the license holder of the right to request reconsideration of the conditional
license by the commissioner. The license holder may request reconsideration of the order
of conditional license by notifying the commissioner by certified mail, by personal service,
or through the provider licensing and reporting hub. The request must be made in writing.
If sent by certified mail, the request must be postmarked and sent to the commissioner within
ten calendar days after the license holder received the order. If a request is made by personal
service, it must be received by the commissioner within ten calendar days after the license
holder received the order. If the order is issued through the provider hub, the request must
be received by the commissioner within ten calendar days from the date the commissioner
issued the order through the hub. The license holder may submit with the request for
reconsideration written argument or evidence in support of the request for reconsideration.
A timely request for reconsideration shall stay imposition of the terms of the conditional
license until the commissioner issues a decision on the request for reconsideration. If the
commissioner issues a dual order of conditional license under this section and an order to
pay a fine under section 142B.18, subdivision 6, the license holder has a right to a contested
case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The
scope of the contested case hearing shall include the fine and the conditional license. In this
case, a reconsideration of the conditional license will not be conducted under this section.
If the license holder does not appeal the fine, the license holder does not have a right to a
contested case hearing and a reconsideration of the conditional license must be conducted
under this subdivision.
new text end
new text begin
(b) The commissioner's disposition of a request for reconsideration is final and not
subject to appeal under chapter 14.
new text end
Sec. 10.
new text begin
[142B.18] SANCTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Sanctions; appeals; license. new text end
new text begin
(a) In addition to making a license conditional
under section 142B.16, the commissioner may suspend or revoke the license, impose a fine,
or secure an injunction against the continuing operation of the program of a license holder
who:
new text end
new text begin
(1) does not comply with applicable law or rule;
new text end
new text begin
(2) has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children; or
new text end
new text begin
(3) has an individual living in the household where the licensed services are provided
or is otherwise subject to a background study, and the individual has nondisqualifying
background study information, as described in section 245C.05, subdivision 4, that reflects
on the license holder's ability to safely provide care to foster children.
new text end
new text begin
When applying sanctions authorized under this section, the commissioner shall consider
the nature, chronicity, or severity of the violation of law or rule and the effect of the violation
on the health, safety, or rights of persons served by the program.
new text end
new text begin
(b) If a license holder appeals the suspension or revocation of a license and the license
holder continues to operate the program pending a final order on the appeal, the commissioner
shall issue the license holder a temporary provisional license. Unless otherwise specified
by the commissioner, variances in effect on the date of the license sanction under appeal
continue under the temporary provisional license. If a license holder fails to comply with
applicable law or rule while operating under a temporary provisional license, the
commissioner may impose additional sanctions under this section and section 142B.16 and
may terminate any prior variance. If a temporary provisional license is set to expire, a new
temporary provisional license shall be issued to the license holder upon payment of any fee
required under section 142B.12. The temporary provisional license shall expire on the date
the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
license shall be issued for the remainder of the current license period.
new text end
new text begin
(c) If a license holder is under investigation and the license issued under this chapter is
due to expire before completion of the investigation, the program shall be issued a new
license upon completion of the reapplication requirements and payment of any applicable
license fee. Upon completion of the investigation, a licensing sanction may be imposed
against the new license under this section or section 142B.16 or 142B.20.
new text end
new text begin
(d) Failure to reapply or closure of a license issued under this chapter by the license
holder prior to the completion of any investigation shall not preclude the commissioner
from issuing a licensing sanction under this section or section 142B.16 at the conclusion of
the investigation.
new text end
new text begin Subd. 2. new text end
new text begin Temporary immediate suspension. new text end
new text begin
(a) The commissioner shall act immediately
to temporarily suspend a license issued under this chapter if:
new text end
new text begin
(1) the license holder's actions or failure to comply with applicable law or rule, or the
actions of other individuals or conditions in the program, pose an imminent risk of harm to
the health, safety, or rights of persons served by the program;
new text end
new text begin
(2) while the program continues to operate pending an appeal of an order of revocation,
the commissioner identifies one or more subsequent violations of law or rule that may
adversely affect the health or safety of persons served by the program; or
new text end
new text begin
(3) the license holder is criminally charged in state or federal court with an offense that
involves fraud or theft against a program administered by the commissioner.
new text end
new text begin
(b) No state funds shall be made available or be expended by any agency or department
of state, county, or municipal government for use by a license holder regulated under this
chapter while a license issued under this chapter is under immediate suspension. A notice
stating the reasons for the immediate suspension and informing the license holder of the
right to an expedited hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
1400.8612, must be delivered by personal service to the address shown on the application
or the last known address of the license holder. The license holder may appeal an order
immediately suspending a license. The appeal of an order immediately suspending a license
must be made in writing by certified mail, personal service, or other means expressly set
forth in the commissioner's order. If mailed, the appeal must be postmarked and sent to the
commissioner within five calendar days after the license holder receives notice that the
license has been immediately suspended. If a request is made by personal service, it must
be received by the commissioner within five calendar days after the license holder received
the order. A license holder and any controlling individual shall discontinue operation of the
program upon receipt of the commissioner's order to immediately suspend the license.
new text end
new text begin Subd. 3. new text end
new text begin Immediate suspension expedited hearing. new text end
new text begin
(a) Within five working days of
receipt of the license holder's timely appeal, the commissioner shall request assignment of
an administrative law judge. The request must include a proposed date, time, and place of
a hearing. A hearing must be conducted by an administrative law judge within 30 calendar
days of the request for assignment, unless an extension is requested by either party and
granted by the administrative law judge for good cause. The commissioner shall issue a
notice of hearing by certified mail or personal service at least ten working days before the
hearing. The scope of the hearing shall be limited solely to the issue of whether the temporary
immediate suspension should remain in effect pending the commissioner's final order under
section 142B.20, regarding a licensing sanction issued under subdivision 5 following the
immediate suspension. For suspensions under subdivision 2, paragraph (a), clause (1), the
burden of proof in expedited hearings under this subdivision shall be limited to the
commissioner's demonstration that reasonable cause exists to believe that the license holder's
actions or failure to comply with applicable law or rule poses, or the actions of other
individuals or conditions in the program poses an imminent risk of harm to the health, safety,
or rights of persons served by the program. "Reasonable cause" means there exist specific
articulable facts or circumstances that provide the commissioner with a reasonable suspicion
that there is an imminent risk of harm to the health, safety, or rights of persons served by
the program. When the commissioner has determined there is reasonable cause to order the
temporary immediate suspension of a license based on a violation of safe sleep requirements,
as defined in section 142B.46, the commissioner is not required to demonstrate that an infant
died or was injured as a result of the safe sleep violations. For suspensions under subdivision
2, paragraph (a), clause (2), the burden of proof in expedited hearings under this subdivision
shall be limited to the commissioner's demonstration by a preponderance of the evidence
that, since the license was revoked, the license holder committed additional violations of
law or rule that may adversely affect the health or safety of persons served by the program.
new text end
new text begin
(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten working days from the date of hearing. The parties shall have
ten calendar days to submit exceptions to the administrative law judge's report. The record
shall close at the end of the ten-day period for submission of exceptions. The commissioner's
final order shall be issued within ten working days from the close of the record. When an
appeal of a temporary immediate suspension is withdrawn or dismissed, the commissioner
shall issue a final order affirming the temporary immediate suspension within ten calendar
days of the commissioner's receipt of the withdrawal or dismissal. Within 90 calendar days
after an immediate suspension has been issued and the license holder has not submitted a
timely appeal under subdivision 2, paragraph (b), or within 90 calendar days after a final
order affirming an immediate suspension, the commissioner shall determine:
new text end
new text begin
(1) whether a final licensing sanction shall be issued under subdivision 5, paragraph (a),
clauses (1) to (6). The license holder shall continue to be prohibited from operation of the
program during this 90-day period; or
new text end
new text begin
(2) whether the outcome of related, ongoing investigations or judicial proceedings are
necessary to determine if a final licensing sanction under subdivision 5, paragraph (a),
clauses (1) to (6), will be issued and whether persons served by the program remain at an
imminent risk of harm during the investigation period or proceedings. If so, the commissioner
shall issue a suspension order under subdivision 5, paragraph (a), clause (7).
new text end
new text begin
(c) When the final order under paragraph (b) affirms an immediate suspension, or the
license holder does not submit a timely appeal of the immediate suspension, and a final
licensing sanction is issued under subdivision 5 and the license holder appeals that sanction,
the license holder continues to be prohibited from operation of the program pending a final
commissioner's order under section 142B.20, subdivision 6, regarding the final licensing
sanction.
new text end
new text begin
(d) The license holder shall continue to be prohibited from operation of the program
while a suspension order issued under paragraph (b), clause (2), remains in effect.
new text end
new text begin
(e) For suspensions under subdivision 2, paragraph (a), clause (3), the burden of proof
in expedited hearings under this subdivision shall be limited to the commissioner's
demonstration by a preponderance of the evidence that a criminal complaint and warrant
or summons was issued for the license holder that was not dismissed, and that the criminal
charge is an offense that involves fraud or theft against a program administered by the
commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Immediate suspension of residential programs. new text end
new text begin
For suspensions issued to a
licensed residential program as defined in section 142B.01, subdivision 24, the effective
date of the order may be delayed for up to 30 calendar days to provide for the continuity of
care of service recipients. The license holder must cooperate with the commissioner to
ensure service recipients receive continued care during the period of the delay and to facilitate
the transition of service recipients to new providers. In these cases, the suspension order
takes effect when all service recipients have been transitioned to a new provider or 30 days
after the suspension order was issued, whichever comes first.
new text end
new text begin Subd. 5. new text end
new text begin License suspension, revocation, or fine. new text end
new text begin
(a) The commissioner may suspend
or revoke a license, or impose a fine if:
new text end
new text begin
(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;
new text end
new text begin
(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;
new text end
new text begin
(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;
new text end
new text begin
(4) a license holder is excluded from any program administered by the commissioner
under section 142A.12;
new text end
new text begin
(5) revocation is required under section 142B.10, subdivision 14, paragraph (d);
new text end
new text begin
(6) for a family foster setting, a license holder, or an individual living in the household
where the licensed services are provided or who is otherwise subject to a background study,
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children; or
new text end
new text begin
(7) suspension is necessary under subdivision 3, paragraph (b), clause (2).
new text end
new text begin
A license holder who has had a license issued under this chapter suspended, revoked, or
has been ordered to pay a fine must be given notice of the action by certified mail, by
personal service, or through the provider licensing and reporting hub. If mailed, the notice
must be mailed to the address shown on the application or the last known address of the
license holder. The notice must state in plain language the reasons the license was suspended
or revoked, or a fine was ordered.
new text end
new text begin
(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail, by personal service, or through the provider licensing and reporting hub.
If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
days after the license holder receives notice that the license has been suspended or revoked.
If a request is made by personal service, it must be received by the commissioner within
ten calendar days after the license holder received the order. If the order is issued through
the provider hub, the appeal must be received by the commissioner within ten calendar days
from the date the commissioner issued the order through the hub. Except as provided in
subdivision 3, paragraph (c), if a license holder submits a timely appeal of an order
suspending or revoking a license, the license holder may continue to operate the program
as provided under section 142B.10, subdivision 14, paragraphs (i) and (j), until the
commissioner issues a final order on the suspension or revocation.
new text end
new text begin
(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail, by personal service, or through
the provider licensing and reporting hub. If mailed, the appeal must be postmarked and sent
to the commissioner within ten calendar days after the license holder receives notice that
the fine has been ordered. If a request is made by personal service, it must be received by
the commissioner within ten calendar days after the license holder received the order. If the
order is issued through the provider hub, the appeal must be received by the commissioner
within ten calendar days from the date the commissioner issued the order through the hub.
new text end
new text begin
(2) The license holder shall pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.
new text end
new text begin
(3) A license holder shall promptly notify the commissioner of children, youth, and
families, in writing, when a violation specified in the order to forfeit a fine is corrected. If
upon reinspection the commissioner determines that a violation has not been corrected as
indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
commissioner shall notify the license holder by certified mail, by personal service, or through
the provider licensing and reporting hub that a second fine has been assessed. The license
holder may appeal the second fine as provided under this subdivision.
new text end
new text begin
(4) Fines shall be assessed as follows:
new text end
new text begin
(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557
for which the license holder is determined responsible for the maltreatment under section
260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);
new text end
new text begin
(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;
new text end
new text begin
(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;
new text end
new text begin
(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule
governing matters of health, safety, or supervision, including but not limited to the provision
of adequate staff-to-child or adult ratios, and failure to comply with background study
requirements under chapter 245C; and
new text end
new text begin
(v) the license holder shall forfeit $100 for each occurrence of a violation of law or rule
other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).
new text end
new text begin
(5) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.
new text end
new text begin
(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.
new text end
new text begin Subd. 6. new text end
new text begin Appeal of multiple sanctions. new text end
new text begin
(a) When the license holder appeals more than
one licensing action or sanction that were simultaneously issued by the commissioner, the
license holder shall specify the actions or sanctions that are being appealed.
new text end
new text begin
(b) If there are different timelines prescribed in statutes for the licensing actions or
sanctions being appealed, the license holder must submit the appeal within the longest of
those timelines specified in statutes.
new text end
new text begin
(c) The appeal must be made in writing by certified mail or personal service. If mailed,
the appeal must be postmarked and sent to the commissioner within the prescribed timeline
with the first day beginning the day after the license holder receives the certified letter. If
a request is made by personal service, it must be received by the commissioner within the
prescribed timeline with the first day beginning the day after the license holder receives the
certified letter.
new text end
new text begin
(d) When there are different timelines prescribed in statutes for the appeal of licensing
actions or sanctions simultaneously issued by the commissioner, the commissioner shall
specify in the notice to the license holder the timeline for appeal as specified under paragraph
(b).
new text end
new text begin Subd. 7. new text end
new text begin Time frame for conducting hearing. new text end
new text begin
Within 15 working days of receipt of
the license holder's timely appeal of a sanction under this section other than a temporary
immediate suspension, the commissioner shall request assignment of an administrative law
judge. The commissioner's request must include a proposed date, time, and place of a hearing.
A hearing must be conducted by an administrative law judge within 90 calendar days of the
request for assignment, unless an extension is requested by either party and granted by the
administrative law judge for good cause or for purposes of discussing settlement. In no case
shall one or more extensions be granted for a total of more than 90 calendar days unless
there is a criminal or juvenile court action pending against the license holder or another
individual subject to a background study.
new text end
Sec. 11.
new text begin
[142B.19] DISQUALIFIED INDIVIDUAL; DENIAL, CONDITIONAL
LICENSE, REVOCATION.
new text end
new text begin
(a) For the purpose of keeping a disqualified individual away from individuals receiving
services in a license holder's home, when the disqualified individual has not received a
set-aside and a variance has not been granted under chapter 245C, the commissioner may
issue:
new text end
new text begin
(1) an order of denial of an application;
new text end
new text begin
(2) an order of conditional license; or
new text end
new text begin
(3) an order of revocation.
new text end
new text begin
(b) An order issued by the commissioner under this section is subject to notice and appeal
rights provided under this chapter as follows:
new text end
new text begin
(1) an order of denial of an application according to section 142B.15;
new text end
new text begin
(2) an order of conditional license according to section 142B.16; and
new text end
new text begin
(3) an order of revocation of a license according to section 142B.18.
new text end
Sec. 12.
new text begin
[142B.20] HEARINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Receipt of appeal; conduct of hearing. new text end
new text begin
Upon receiving a timely appeal
or petition pursuant to section 142B.15; 142B.18, subdivision 6; or 245C.28, the
commissioner shall issue a notice of and order for hearing to the appellant under chapter
14 and Minnesota Rules, parts 1400.8505 to 1400.8612.
new text end
new text begin Subd. 2. new text end
new text begin Conduct of hearings. new text end
new text begin
At any hearing provided for by section 142B.15; 142B.18,
subdivision 6; or 245C.28, the appellant may be represented by counsel and has the right
to call, examine, and cross-examine witnesses. The administrative law judge may require
the presence of witnesses and evidence by subpoena on behalf of any party.
new text end
new text begin Subd. 3. new text end
new text begin Consolidated contested case hearings. new text end
new text begin
(a) When a denial of a license under
section 142B.15 or a licensing sanction under section 142B.18, subdivision 6, is based on
a disqualification for which reconsideration was timely requested and which was not set
aside under section 245C.22, the scope of the contested case hearing shall include the
disqualification and the licensing sanction or denial of a license, unless otherwise specified
in this subdivision. When the licensing sanction or denial of a license is based on a
determination of maltreatment under section 626.557 or chapter 260E, or a disqualification
for serious or recurring maltreatment that was not set aside, the scope of the contested case
hearing shall include the maltreatment determination, disqualification, and the licensing
sanction or denial of a license, unless otherwise specified in this subdivision. In these cases,
a fair hearing under section 142A.20 shall not be conducted as provided in sections 245C.27,
260E.33, and 626.557, subdivision 9d.
new text end
new text begin
(b) Except for family child care and child foster care, reconsideration of a maltreatment
determination under sections 260E.33 and 626.557, subdivision 9d, and reconsideration of
a disqualification under section 245C.22, shall not be conducted when:
new text end
new text begin
(1) a denial of a license under section 142B.15, or a licensing sanction under section
142B.18, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder is based on serious or recurring maltreatment;
new text end
new text begin
(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
new text end
new text begin
(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction. In these cases, a fair hearing shall not be conducted
under sections 245C.27, 260E.33, and 626.557, subdivision 9d. The scope of the contested
case hearing must include the maltreatment determination, disqualification, and denial of
a license or licensing sanction.
new text end
new text begin
Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
260E.33 and 626.557, subdivision 9d, and reconsideration of the disqualification shall be
conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as
provided under sections 245C.27, 260E.33, and 626.557, subdivision 9d.
new text end
new text begin
(c) In consolidated contested case hearings regarding sanctions issued in family child
care and child foster care, the county attorney shall defend the commissioner's orders in
accordance with section 142B.30, subdivision 4.
new text end
new text begin
(d) The commissioner's final order under subdivision 6 is the final agency action on the
issue of maltreatment and disqualification, including for purposes of subsequent background
studies under chapter 245C and is the only administrative appeal of the final agency
determination, including a challenge to the accuracy and completeness of data under section
13.04.
new text end
new text begin
(e) When consolidated hearings under this subdivision involve a licensing sanction based
on a previous maltreatment determination for which the commissioner has issued a final
order in an appeal of that determination under section 142A.20 or the individual failed to
exercise the right to appeal the previous maltreatment determination under section 260E.33
or 626.557, subdivision 9d, the commissioner's order is conclusive on the issue of
maltreatment. In such cases, the scope of the administrative law judge's review shall be
limited to the disqualification and the licensing sanction or denial of a license. In the case
of a denial of a license or a licensing sanction issued to a facility based on a maltreatment
determination regarding an individual who is not the license holder or a household member,
the scope of the administrative law judge's review includes the maltreatment determination.
new text end
new text begin
(f) The hearings of all parties may be consolidated into a single contested case hearing
upon consent of all parties and the administrative law judge, if:
new text end
new text begin
(1) a maltreatment determination or disqualification that was not set aside under section
245C.22 is the basis for a denial of a license under section 245A.05 or a licensing sanction
under section 245A.07;
new text end
new text begin
(2) the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under section 245C.03; and
new text end
new text begin
(3) the individual has a hearing right under section 245C.27.
new text end
new text begin
(g) When a denial of a license under section 142B.15 or a licensing sanction under
section 142B.18 is based on a disqualification for which reconsideration was requested and
was not set aside under section 245C.22, and the individual otherwise has no hearing right
under section 245C.27, the scope of the administrative law judge's review shall include the
denial or sanction and a determination whether the disqualification should be set aside,
unless section 245C.24 prohibits the set-aside of the disqualification. In determining whether
the disqualification should be set aside, the administrative law judge shall consider the
factors under section 245C.22, subdivision 4, to determine whether the individual poses a
risk of harm to any person receiving services from the license holder.
new text end
new text begin
(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction under
section 142B.18 is based on the termination of a variance under section 245C.30, subdivision
4, the scope of the administrative law judge's review shall include the sanction and a
determination whether the disqualification should be set aside, unless section 245C.24
prohibits the set-aside of the disqualification. In determining whether the disqualification
should be set aside, the administrative law judge shall consider the factors under section
245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any
person receiving services from the license holder.
new text end
new text begin Subd. 4. new text end
new text begin Burden of proof. new text end
new text begin
(a) At a hearing regarding a licensing sanction under section
142B.18, including consolidated hearings under subdivision 3, the commissioner may
demonstrate reasonable cause for action taken by submitting statements, reports, or affidavits
to substantiate the allegations that the license holder failed to comply fully with applicable
law or rule. If the commissioner demonstrates that reasonable cause existed, the burden of
proof shifts to the license holder to demonstrate by a preponderance of the evidence that
the license holder was in full compliance with those laws or rules that the commissioner
alleges the license holder violated, at the time that the commissioner alleges the violations
of law or rules occurred.
new text end
new text begin
(b) At a hearing on denial of an application, the applicant bears the burden of proof to
demonstrate by a preponderance of the evidence that the appellant has complied fully with
this chapter and other applicable law or rule and that the application should be approved
and a license granted.
new text end
new text begin Subd. 5. new text end
new text begin Recommendation of administrative law judge. new text end
new text begin
The administrative law judge
shall recommend whether or not the commissioner's order should be affirmed. The
recommendations must be consistent with this chapter and the rules of the commissioner.
The recommendations must be in writing and accompanied by findings of fact and
conclusions and must be mailed to the parties by certified mail to their last known addresses
as shown on the license or application.
new text end
new text begin Subd. 6. new text end
new text begin Notice of commissioner's final order. new text end
new text begin
After considering the findings of fact,
conclusions, and recommendations of the administrative law judge, the commissioner shall
issue a final order. The commissioner shall consider, but shall not be bound by, the
recommendations of the administrative law judge. The appellant must be notified of the
commissioner's final order as required by chapter 14 and Minnesota Rules, parts 1400.8505
to 1400.8612. The notice must also contain information about the appellant's rights under
chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The institution of
proceedings for judicial review of the commissioner's final order shall not stay the
enforcement of the final order except as provided in section 14.65.
new text end
new text begin Subd. 7. new text end
new text begin Granting subsequent license. new text end
new text begin
(a) A license holder and each controlling
individual of a license holder whose license has been revoked under this chapter or chapter
245A because of noncompliance with applicable law or rule must not be granted a license
for five years following the revocation. Notwithstanding the five-year restriction, when a
license is revoked under this chapter or chapter 245A because a person, other than the license
holder, resides in the home where services are provided and that person has a disqualification
that is not set aside and no variance has been granted, the former license holder may reapply
for a license when:
new text end
new text begin
(1) the person with a disqualification, who is not a minor child, is no longer residing in
the home and is prohibited from residing in or returning to the home; or
new text end
new text begin
(2) the person with the disqualification is a minor child, the restriction applies until the
minor child becomes an adult and permanently moves away from the home or five years,
whichever is less.
new text end
new text begin
(b) An applicant or controlling individual whose application was denied under this
chapter or chapter 245A must not be granted a license for two years following a denial,
unless the applicant's subsequent application contains new information which constitutes a
substantial change in the conditions that caused the previous denial. The addition of a new
co-applicant in a subsequent application does not constitute a substantial change. If an
applicant or controlling individual whose application was denied under this chapter or
chapter 245A is affiliated with a subsequent application, and two years have not passed
since the denial, the subsequent application must be denied.
new text end
Sec. 13.
new text begin
[142B.21] SETTLEMENT AGREEMENT.
new text end
new text begin
(a) A license holder who has made a timely appeal pursuant to section 142B.16,
subdivision 4, or 142B.18, subdivision 6, or the commissioner may initiate a discussion
about a possible settlement agreement related to the licensing sanction. For the purposes of
this section, the following conditions apply to a settlement agreement reached by the parties:
new text end
new text begin
(1) if the parties enter into a settlement agreement, the effect of the agreement shall be
that the appeal is withdrawn and the agreement shall constitute the full agreement between
the commissioner and the party who filed the appeal; and
new text end
new text begin
(2) the settlement agreement must identify the agreed-upon actions the license holder
has taken and will take in order to achieve and maintain compliance with the licensing
requirements that the commissioner determined the license holder had violated.
new text end
new text begin
(b) Neither the license holder nor the commissioner is required to initiate a settlement
discussion under this section.
new text end
new text begin
(c) If a settlement discussion is initiated by the license holder, the commissioner shall
respond to the license holder within 14 calendar days of receipt of the license holder's
submission.
new text end
new text begin
(d) If the commissioner agrees to engage in settlement discussions, the commissioner
may decide at any time not to continue settlement discussions with a license holder.
new text end
Sec. 14.
new text begin
[142B.22] CONSOLIDATION OF HEARINGS; RECONSIDERATION.
new text end
new text begin
Hearings authorized under this chapter, sections 142A.20 and 626.557, and chapters
245C and 260E pursuant to the commissioner's power under section 142A.09 must be
consolidated if feasible and in accordance with other applicable statutes and rules.
new text end
Sec. 15.
new text begin
[142B.25] CLOSING A LICENSE.
new text end
new text begin Subdivision 1. new text end
new text begin Inactive programs. new text end
new text begin
The commissioner may close a license if the
commissioner determines that a licensed program has not been serving any client for a
consecutive period of 12 months or longer. The license holder is not prohibited from
reapplying for a license if the license holder's license was closed under this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Reconsideration of closure. new text end
new text begin
If a license is closed, the commissioner must
notify the license holder of closure by certified mail, by personal service, or through the
provider licensing and reporting hub. If mailed, the notice of closure must be mailed to the
last known address of the license holder and must inform the license holder why the license
was closed and that the license holder has the right to request reconsideration of the closure.
If the license holder believes that the license was closed in error, the license holder may ask
the commissioner to reconsider the closure. The license holder's request for reconsideration
must be made in writing and must include documentation that the licensed program has
served a client in the previous 12 months. The request for reconsideration must be postmarked
and sent to the commissioner or submitted through the provider licensing and reporting hub
within 20 calendar days after the license holder receives the notice of closure. Upon
implementation of the provider licensing and reporting hub, the provider must use the hub
to request reconsideration. If the order is issued through the provider hub, the reconsideration
must be received by the commissioner within 20 calendar days from the date the
commissioner issued the order through the hub. A timely request for reconsideration stays
imposition of the license closure until the commissioner issues a decision on the request for
reconsideration.
new text end
new text begin Subd. 3. new text end
new text begin Reconsideration final. new text end
new text begin
The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter 14.
new text end
Sec. 16.
new text begin
[142B.30] STANDARDS FOR COUNTY AGENCIES AND PRIVATE
AGENCIES.
new text end
new text begin Subdivision 1. new text end
new text begin Delegation of authority to agencies. new text end
new text begin
(a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 142B.10 and background studies for family child care
under chapter 245C; to recommend denial of applicants under section 142B.15; to issue
correction orders, to issue variances, and to recommend a conditional license under section
142B.16; or to recommend suspending or revoking a license or issuing a fine under section
142B.18, shall comply with rules and directives of the commissioner governing those
functions and with this section. The following variances are excluded from the delegation
of variance authority and may be issued only by the commissioner:
new text end
new text begin
(1) dual licensure of family child care and family child foster care, dual licensure of
family child foster care and family adult foster care, dual licensure of child foster residence
setting and community residential setting, and dual licensure of family adult foster care and
family child care;
new text end
new text begin
(2) child foster care maximum age requirement;
new text end
new text begin
(3) variances regarding disqualified individuals;
new text end
new text begin
(4) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; and
new text end
new text begin
(5) variances to section 142B.74 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in care.
new text end
new text begin
Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency must
not grant a license holder a variance to exceed the maximum allowable family child care
license capacity of 14 children.
new text end
new text begin
(b) A county agency that has been designated by the commissioner to issue family child
care variances must:
new text end
new text begin
(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and
new text end
new text begin
(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.
new text end
new text begin
(c) Before the implementation of NETStudy 2.0, county agencies must report information
about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision
2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the
commissioner at least monthly in a format prescribed by the commissioner.
new text end
new text begin
(d) For family child care programs, the commissioner shall require a county agency to
conduct one unannounced licensing review at least annually.
new text end
new text begin
(e) A license issued under this section may be issued for up to two years.
new text end
new text begin
(f) A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:
new text end
new text begin
(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;
new text end
new text begin
(2) any death, serious injury, or determination of substantiated maltreatment; and
new text end
new text begin
(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.
new text end
new text begin Subd. 2. new text end
new text begin Investigations. new text end
new text begin
(a) The county or private agency shall conduct timely
investigations of allegations of license violations in programs for which the county or private
agency is the commissioner's designated representative and record a disposition of each
complaint in accordance with applicable law or rule.
new text end
new text begin
(b) If an investigation conducted under paragraph (a) results in evidence that the
commissioner should deny an application or suspend, revoke, or make conditional a license,
the county or private agency shall make that recommendation to the commissioner within
ten working days.
new text end
new text begin Subd. 3. new text end
new text begin Recommendations to commissioner. new text end
new text begin
The county or private agency shall not
make recommendations to the commissioner regarding licensure without first conducting
an inspection. The county or private agency must forward its recommendation to the
commissioner regarding the appropriate licensing action within 20 working days of receipt
of a completed application.
new text end
new text begin Subd. 4. new text end
new text begin Enforcement of commissioner's orders. new text end
new text begin
The county or private agency shall
enforce the orders of the commissioner of children, youth, and families under sections
142B.18 and 142B.20, subdivision 6, and the orders of the commissioner of human services
under chapter 245C, according to the instructions of the commissioner of children, youth,
and families. The county attorney shall assist the county agency in the enforcement and
defense of the orders of the commissioner of children, youth, and families under sections
142B.18 and 142B.20, subdivision 6, and the orders of the commissioner of human services
under chapter 245C, according to the instructions of the commissioner of children, youth,
and families, unless a conflict of interest exists between the county attorney and the
commissioner. For purposes of this section, a conflict of interest means that the county
attorney has a direct or shared financial interest with the license holder or has a personal
relationship or family relationship with a party in the licensing action.
new text end
new text begin Subd. 5. new text end
new text begin Instruction and technical assistance. new text end
new text begin
(a) The commissioner shall provide
instruction and technical assistance to county and private agencies that are subject to this
section. County and private agencies shall cooperate with the commissioner in carrying out
this section by ensuring that affected employees participate in instruction and technical
assistance provided by the commissioner.
new text end
new text begin
(b) The commissioner shall provide training to county agencies that perform child care
licensing functions on identifying and preventing fraud relating to provider reimbursement
in the child care assistance program.
new text end
new text begin Subd. 6. new text end
new text begin Certification by commissioner. new text end
new text begin
The commissioner shall ensure that rules are
uniformly enforced throughout the state by reviewing each county and private agency for
compliance with this section and other applicable laws and rules at least every four years.
County agencies that comply with this section shall be certified by the commissioner. If a
county agency fails to be certified by the commissioner, the commissioner shall certify a
reduction of state administrative aids in an amount up to 20 percent of the county's state
portion of Vulnerable Children and Adults Act funding.
new text end
new text begin Subd. 7. new text end
new text begin Notice of county recommendation. new text end
new text begin
The county or private agency shall provide
written notice to the license holder when the agency recommends a licensing action to the
commissioner under subdivision 2 or 3. The written notice shall inform the license holder
about the process for determining a licensing action and how the license holder will be
notified of a licensing action determination. The notice shall include the following:
new text end
new text begin
(1) that the county or private agency made a recommendation to the commissioner to
deny an application or suspend, revoke, or make conditional a license;
new text end
new text begin
(2) that the commissioner will review the recommendation from the county or private
agency and then determine if a licensing action will be issued;
new text end
new text begin
(3) that the license holder will receive written notice from the commissioner indicating
the reasons for the licensing action issued; and
new text end
new text begin
(4) instructions on how to request reconsideration or appeal, if a licensing action is
issued.
new text end
new text begin
County or private agency recommendations under this section are classified as confidential
data under chapter 13 and may only be disclosed as permitted by law.
new text end
new text begin Subd. 8. new text end
new text begin Licensing and reporting hub. new text end
new text begin
Upon implementation of the provider licensing
and reporting hub, county staff who perform licensing functions must use the hub in the
manner prescribed by the commissioner.
new text end
Sec. 17.
new text begin
[142B.31] PUBLIC FUNDS PROGRAM INTEGRITY MONITORING.
new text end
new text begin
(a) An applicant or a license holder that has enrolled to receive public funding
reimbursement for services is required to comply with the registration or enrollment
requirements as licensing standards.
new text end
new text begin
(b) Compliance with the licensing standards established under paragraph (a) may be
monitored during a licensing investigation or inspection. Noncompliance with these licensure
standards may result in:
new text end
new text begin
(1) a correction order or a conditional license under section 142B.16, or sanctions under
section 142B.18;
new text end
new text begin
(2) nonpayment of claims submitted by the license holder for public program
reimbursement according to the statute applicable to that program;
new text end
new text begin
(3) recovery of payments made for the service according to the statute applicable to that
program;
new text end
new text begin
(4) disenrollment in the public payment program according to the statute applicable to
that program; or
new text end
new text begin
(5) a referral for other administrative, civil, or criminal penalties as provided by law.
new text end
Sec. 18.
new text begin
[142B.40] SPECIAL CONDITIONS FOR RESIDENTIAL PROGRAMS.
new text end
new text begin Subdivision 1. new text end
new text begin Policy statement. new text end
new text begin
It is the policy of the state that persons shall not be
excluded by municipal zoning ordinances or other land use regulations from the benefits
of normal residential surroundings.
new text end
new text begin Subd. 2. new text end
new text begin Permitted single-family residential use. new text end
new text begin
Residential programs with a licensed
capacity of six or fewer persons shall be considered a permitted single-family residential
use of property for the purposes of zoning and other land use regulations, except that a
residential program whose primary purpose is to treat juveniles who have violated criminal
statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct
in violation of criminal statutes relating to sex offenses shall not be considered a permitted
use. This exception shall not apply to residential programs licensed before July 1, 1995.
Programs otherwise allowed under this subdivision shall not be prohibited by operation of
restrictive covenants or similar restrictions, regardless of when entered into, that cannot be
met because of the nature of the licensed program, including provisions that require the
home's occupants be related, and that the home must be occupied by the owner, or similar
provisions.
new text end
new text begin Subd. 3. new text end
new text begin License holder qualifications for child foster care. new text end
new text begin
(a) Child foster care
license holders must maintain the ability to care for a foster child and ensure a safe home
environment for children placed in their care. License holders must immediately notify the
licensing agency of:
new text end
new text begin
(1) any changes to the license holder or household member's physical or behavioral
health that may affect the license holder's ability to care for a foster child or pose a risk to
a foster child's health; or
new text end
new text begin
(2) changes related to the care of a child or vulnerable adult for whom the license holder
is a parent or legally responsible, including living out of the home for treatment for physical
or behavioral health, modified parenting time arrangements, legal custody, or placement in
foster care.
new text end
new text begin
(b) The licensing agency may request a license holder or household member to undergo
an evaluation by a specialist in areas such as physical or behavioral health to evaluate the
license holder's ability to provide a safe environment for a foster child. Prior to assigning
a specialist to evaluate, the licensing agency must tell the license holder or household
member why the licensing agency has requested a specialist evaluation and request a release
of information from the license holder or household member.
new text end
Sec. 19.
new text begin
[142B.41] SPECIAL CONDITIONS FOR NONRESIDENTIAL PROGRAMS.
new text end
new text begin Subdivision 1. new text end
new text begin Permitted single-family residential use. new text end
new text begin
A licensed nonresidential
program with a licensed capacity of 12 or fewer persons and a group family day care facility
licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children
shall be considered a permitted single-family residential use of property for the purposes
of zoning and other land use regulations.
new text end
new text begin Subd. 2. new text end
new text begin Permitted multifamily use. new text end
new text begin
Except as otherwise provided in subdivision 1 or
in a town, municipal, or county regulation, a licensed nonresidential program with a licensed
capacity of 13 to 16 persons shall be considered a permitted multifamily residential use of
property for purposes of zoning. A town, municipal, or county zoning authority may require
a conditional use or special use permit in order to assure proper maintenance and operation
of the program. Conditions imposed on the nonresidential program must not be more
restrictive than those imposed on other conditional uses or special uses of residential property
in the same zones unless the additional conditions are necessary to protect the health and
safety of the persons being served by the nonresidential program. Nothing in this chapter
shall be construed to exclude or prohibit nonresidential programs from single-family zones
if otherwise permitted by local zoning regulations.
new text end
new text begin Subd. 3. new text end
new text begin Attendance records for publicly funded services. new text end
new text begin
(a) A child care center
licensed under this chapter and according to Minnesota Rules, chapter 9503, must maintain
documentation of actual attendance for each child receiving care for which the license holder
is reimbursed by a governmental program. The records must be accessible to the
commissioner during the program's hours of operation, they must be completed on the actual
day of attendance, and they must include:
new text end
new text begin
(1) the first and last name of the child;
new text end
new text begin
(2) the time of day that the child was dropped off; and
new text end
new text begin
(3) the time of day that the child was picked up.
new text end
new text begin
(b) A family child care provider licensed under this chapter and according to Minnesota
Rules, chapter 9502, must maintain documentation of actual attendance for each child
receiving care for which the license holder is reimbursed for the care of that child by a
governmental program. The records must be accessible to the commissioner during the
program's hours of operation, they must be completed on the actual day of attendance, and
they must include:
new text end
new text begin
(1) the first and last name of the child;
new text end
new text begin
(2) the time of day that the child was dropped off; and
new text end
new text begin
(3) the time of day that the child was picked up.
new text end
Sec. 20.
new text begin
[142B.42] VOLUNTARY RECEIVERSHIP FOR RESIDENTIAL OR
NONRESIDENTIAL PROGRAMS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section and section 142B.43, the
following terms have the meanings given.
new text end
new text begin
(a) "Controlling individual" has the meaning in section 142B.01, subdivision 8. When
used in this section and section 142B.43, it means only those individuals controlling the
residential or nonresidential program prior to the commencement of the receivership period.
new text end
new text begin
(b) "Physical plant" means the building or buildings in which a residential or
nonresidential program is located; all equipment affixed to the building and not easily subject
to transfer as specified in the building and fixed equipment tables of the depreciation
guidelines; and auxiliary buildings in the nature of sheds, garages, and storage buildings
located on the same site if used for purposes related to resident or client care.
new text end
new text begin
(c) "Related party" means a person who is a close relative of a provider or a provider
group; an affiliate of a provider or a provider group; a close relative of an affiliate of a
provider or provider group; or an affiliate of a close relative of an affiliate of a provider or
provider group. For the purposes of this paragraph, the following terms have the meanings
given them.
new text end
new text begin
(1) "Affiliate" means a person that directly, or indirectly through one or more
intermediaries, controls, or is controlled by, or is under common control with another person.
new text end
new text begin
(2) "Person" means an individual, a corporation, a partnership, an association, a trust,
an unincorporated organization, or a government or political subdivision.
new text end
new text begin
(3) "Close relative of an affiliate of a provider or provider group" means an individual
whose relationship by blood, marriage, or adoption to an individual who is an affiliate to a
provider or a provider group is no more remote than first cousin.
new text end
new text begin
(4) "Control" includes the terms "controlling," "controlled by," and "under common
control with" and means the possession, direct or indirect, of the power to direct or cause
the direction of the management, operations, or policies of a person, whether through the
ownership of voting securities, by contract, or otherwise.
new text end
new text begin
(5) "Provider or provider group" means the license holder or controlling individual prior
to the effective date of the receivership.
new text end
new text begin Subd. 2. new text end
new text begin Receivership agreement. new text end
new text begin
A majority of controlling individuals of a residential
or nonresidential program licensed or certified by the commissioner may at any time ask
the commissioner to assume operation of the program through appointment of a receiver.
On receiving the request for a receiver, the commissioner may enter into an agreement with
a majority of controlling individuals and become the receiver and operate the residential or
nonresidential program under conditions acceptable to both the commissioner and the
majority of controlling individuals. The agreement must specify the terms and conditions
of the receivership and preserve the rights of the persons being served by the program. A
receivership set up under this section terminates at the time specified by the parties to the
agreement.
new text end
new text begin Subd. 3. new text end
new text begin Management agreement. new text end
new text begin
When the commissioner agrees to become the
receiver of a residential or nonresidential program, the commissioner may enter into a
management agreement with another entity or group to act as the managing agent during
the receivership period. The managing agent will be responsible for the day-to-day operations
of the program subject at all times to the review and approval of the commissioner. A
reasonable fee may be paid to the managing agent for the performance of these services.
new text end
new text begin Subd. 4. new text end
new text begin Controlling individuals; restrictions on licensure. new text end
new text begin
No controlling individual
of a residential or nonresidential program placed into receivership under this section shall
apply for or receive a license or certification from the commissioner to operate a residential
or nonresidential program for five years from the commencement of the receivership period.
This subdivision does not apply to residential programs that are owned or operated by
controlling individuals, that were in existence prior to the date of the receivership agreement,
and that have not been placed into receivership.
new text end
new text begin Subd. 5. new text end
new text begin Liability. new text end
new text begin
The controlling individuals of a residential or nonresidential program
placed into receivership remain liable for any claims made against the program that arose
from incidents or events that occurred prior to the commencement of the receivership period.
Neither the commissioner nor the managing agent of the commissioner assumes this liability.
new text end
new text begin Subd. 6. new text end
new text begin Liability for financial obligations. new text end
new text begin
Neither the commissioner nor the managing
agent of the commissioner shall be liable for payment of any financial obligations of the
residential or nonresidential program or of its controlling individuals incurred prior to the
commencement of the receivership period unless such liability is expressly assumed in the
receivership agreement. Those financial obligations remain the liability of the program and
its controlling individuals. Financial obligations of the program incurred after the
commencement of the receivership period are the responsibility of the commissioner or the
managing agent of the commissioner to the extent such obligations are expressly assumed
by each in the receivership or management agreements. The controlling individuals of the
residential or nonresidential program remain liable for any financial obligations incurred
after the commencement of the receivership period to the extent these obligations are not
reimbursed in the rate paid to the program and are reasonable and necessary to the operation
of the program. These financial obligations, or any other financial obligations incurred by
the program prior to the commencement of the receivership period that are necessary to the
continued operation of the program, may be deducted from any rental payments owed to
the controlling individuals of the program as part of the receivership agreement.
new text end
new text begin Subd. 7. new text end
new text begin Physical plant of the residential or nonresidential program. new text end
new text begin
Occupation of
the physical plant after commencement of the receivership period shall be controlled by
paragraphs (a) and (b).
new text end
new text begin
(a) If the physical plant of a residential or nonresidential program placed in receivership
is owned by a controlling individual or related party, the physical plant may be used by the
commissioner or the managing agent for purposes of the receivership as long as the
receivership period continues. A fair monthly rental for the physical plant shall be paid by
the commissioner or managing agent to the owner of the physical plant. This fair monthly
rental shall be determined by considering all relevant factors necessary to meet required
arm's-length obligations of controlling individuals such as the mortgage payments owed on
the physical plant, the real estate taxes, and special assessments. This rental shall not include
any allowance for profit or be based on any formula that includes an allowance for profit.
new text end
new text begin
(b) If the owner of the physical plant of a residential or nonresidential program placed
in receivership is not a related party, the controlling individual shall continue as the lessee
of the property. However, during the receivership period, rental payments shall be made to
the owner of the physical plant by the commissioner or the managing agent on behalf of
the controlling individual. Neither the commissioner nor the managing agent assumes the
obligations of the lease unless expressly stated in the receivership agreement. Should the
lease expire during the receivership, the commissioner or the managing agent may negotiate
a new lease for the term of the receivership period.
new text end
new text begin Subd. 8. new text end
new text begin Receivership accounting. new text end
new text begin
The commissioner may use the medical assistance
account and funds for receivership cash flow and accounting purposes.
new text end
new text begin Subd. 9. new text end
new text begin Receivership costs. new text end
new text begin
The commissioner may use the accounts and funds that
would have been available for the room and board, services, and program costs of persons
in the program for costs, cash flow, and accounting purposes related to the receivership.
new text end
Sec. 21.
new text begin
[142B.43] INVOLUNTARY RECEIVERSHIP FOR RESIDENTIAL OR
NONRESIDENTIAL PROGRAMS.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
(a) In addition to any other remedy provided by law, the
commissioner may petition the district court in Ramsey County for an order directing the
controlling individuals of a residential or nonresidential program licensed or certified by
the commissioner to show cause why the commissioner should not be appointed receiver
to operate the program. The petition to the district court must contain proof by affidavit that
one or more of the following circumstances exists:
new text end
new text begin
(1) the commissioner has commenced proceedings to suspend or revoke the program's
license or refused to renew the program's license;
new text end
new text begin
(2) there is a threat of imminent abandonment by the program or its controlling
individuals;
new text end
new text begin
(3) the program has shown a pattern of failure to meet ongoing financial obligations
such as failing to pay for food, pharmaceuticals, personnel costs, or required insurance;
new text end
new text begin
(4) the health, safety, or rights of the residents or persons receiving care from the program
appear to be in jeopardy due to the manner in which the program may close, the program's
financial condition, or violations of federal or state law or rules committed by the program;
or
new text end
new text begin
(5) the commissioner has notified the program or its controlling individuals that the
program's federal Medicare or Medicaid provider agreement will be terminated, revoked,
canceled, or not renewed.
new text end
new text begin
(b) If the license holder, applicant, or controlling individual operates more than one
program, the commissioner's petition must specify and be limited to the program for which
it seeks receivership.
new text end
new text begin
(c) The order to show cause must be personally served on the program through its
authorized agent or, in the event the authorized agent cannot be located, on any controlling
individual for the program.
new text end
new text begin Subd. 2. new text end
new text begin Appointment of receiver. new text end
new text begin
(a) If the court finds that involuntary receivership
is necessary as a means of protecting the health, safety, or rights of persons being served
by the program, the court shall appoint the commissioner as receiver to operate the program.
The commissioner as receiver may contract with another entity or group to act as the
managing agent during the receivership period. The managing agent will be responsible for
the day-to-day operations of the program subject at all times to the review and approval of
the commissioner. A managing agent shall not:
new text end
new text begin
(1) be the license holder or controlling individual of the program;
new text end
new text begin
(2) have a financial interest in the program at the time of the receivership;
new text end
new text begin
(3) be otherwise affiliated with the program; or
new text end
new text begin
(4) have had a licensed program that has been ordered into receivership.
new text end
new text begin
(b) Notwithstanding state contracting requirements in chapter 16C, the commissioner
shall establish and maintain a list of qualified persons or entities with experience in delivering
services and with winding down programs under this chapter. The list shall be a resource
for selecting a managing agent, and the commissioner may update the list at any time.
new text end
new text begin Subd. 3. new text end
new text begin Powers and duties of receiver. new text end
new text begin
(a) A receiver appointed pursuant to this section
shall, within 18 months after the receivership order, determine whether to close the program
or to make other provisions with the intent to keep the program open. If the receiver
determines that program closure is appropriate, the commissioner shall provide for the
orderly transfer of individuals served by the program to other programs or make other
provisions to protect the health, safety, and rights of individuals served by the program.
new text end
new text begin
(b) During the receivership, the receiver or the managing agent shall correct or eliminate
deficiencies in the program that the commissioner determines endanger the health, safety,
or welfare of the persons being served by the program unless the correction or elimination
of deficiencies at a residential program involves major alteration in the structure of the
physical plant. If the correction or elimination of the deficiencies at a residential program
requires major alterations in the structure of the physical plant, the receiver shall take actions
designed to result in the immediate transfer of persons served by the residential program.
During the period of the receivership, the receiver and the managing agent shall operate the
residential or nonresidential program in a manner designed to preserve the health, safety,
rights, adequate care, and supervision of the persons served by the program.
new text end
new text begin
(c) The receiver or the managing agent may make contracts and incur lawful expenses.
new text end
new text begin
(d) The receiver or the managing agent shall use the building, fixtures, furnishings, and
any accompanying consumable goods in the provision of care and services to the clients
during the receivership period. The receiver shall take action as is reasonably necessary to
protect or conserve the tangible assets or property during receivership.
new text end
new text begin
(e) The receiver or the managing agent shall collect incoming payments from all sources
and apply them to the cost incurred in the performance of the functions of the receivership,
including the fee set under subdivision 7. No security interest in any real or personal property
comprising the program or contained within it, or in any fixture of the physical plant, shall
be impaired or diminished in priority by the receiver or the managing agent.
new text end
new text begin
(f) The receiver has authority to hire, direct, manage, and discharge any employees of
the program, including management-level staff for the program.
new text end
new text begin
(g) The commissioner, as the receiver appointed by the court, may hire a managing agent
to work on the commissioner's behalf to operate the program during the receivership. The
managing agent is entitled to a reasonable fee. The receiver and managing agent shall be
liable only in an official capacity for injury to persons and property by reason of the
conditions of the program. The receiver and managing agent shall not be personally liable,
except for gross negligence or intentional acts. The commissioner shall assist the managing
agent in carrying out the managing agent's duties.
new text end
new text begin Subd. 4. new text end
new text begin Liability. new text end
new text begin
The provisions contained in section 142B.42, subdivision 5, shall
also apply to receiverships ordered according to this section.
new text end
new text begin Subd. 5. new text end
new text begin Liability for financial obligations. new text end
new text begin
The provisions contained in section 142B.42,
subdivision 6, also apply to receiverships ordered according to this section.
new text end
new text begin Subd. 6. new text end
new text begin Physical plant of the program. new text end
new text begin
Occupation of the physical plant under an
involuntary receivership shall be governed by paragraphs (a) and (b).
new text end
new text begin
(a) The physical plant owned by a controlling individual of the program or related party
must be made available for the use of the program throughout the receivership period. The
court shall determine a fair monthly rental for the physical plant, taking into account all
relevant factors necessary to meet required arm's-length obligations of controlling individuals
such as mortgage payments, real estate taxes, and special assessments. The rental fee must
be paid by the receiver to the appropriate controlling individuals or related parties for each
month that the receivership remains in effect. No payment made to a controlling individual
or related party by the receiver or the managing agent or any state agency during a period
of the receivership shall include any allowance for profit or be based on any formula that
includes an allowance for profit.
new text end
new text begin
(b) If the owner of the physical plant of a program is not a related party, the court shall
order the controlling individual to continue as the lessee of the property during the
receivership period. Rental payments during the receivership period shall be made to the
owner of the physical plant by the commissioner or the managing agent on behalf of the
controlling individual.
new text end
new text begin Subd. 7. new text end
new text begin Fee. new text end
new text begin
A receiver appointed under an involuntary receivership or the managing
agent is entitled to a reasonable fee as determined by the court.
new text end
new text begin Subd. 8. new text end
new text begin Termination. new text end
new text begin
An involuntary receivership terminates 18 months after the date
on which it was ordered or at any other time designated by the court or when any of the
following events occurs:
new text end
new text begin
(1) the commissioner determines that the program's license or certification application
should be granted or should not be suspended or revoked;
new text end
new text begin
(2) a new license or certification is granted to the program;
new text end
new text begin
(3) the commissioner determines that all persons residing in a residential program have
been provided with alternative residential programs or that all persons receiving services
in a nonresidential program have been referred to other programs; or
new text end
new text begin
(4) the court determines that the receivership is no longer necessary because the conditions
that gave rise to the receivership no longer exist.
new text end
new text begin Subd. 9. new text end
new text begin Emergency procedure. new text end
new text begin
(a) If it appears from the petition filed under subdivision
1, from an affidavit or affidavits filed with the petition, or from testimony of witnesses
under oath if the court determines it necessary, that there is probable cause to believe that
an emergency exists in a residential or nonresidential program, the court shall issue a
temporary order for appointment of a receiver within two days after receipt of the petition.
new text end
new text begin
(b) Notice of the petition must be served on the authorized agent of the program that is
subject to the receivership petition or, if the authorized agent is not immediately available
for service, on at least one of the controlling individuals for the program. A hearing on the
petition must be held within five days after notice is served unless the authorized agent or
other controlling individual consents to a later date. After the hearing, the court may continue,
modify, or terminate the temporary order.
new text end
new text begin Subd. 10. new text end
new text begin Receivership costs. new text end
new text begin
The commissioner may use the accounts and funds that
would have been available for the room and board, services, and program costs of persons
in the program for costs, cash flow, and accounting purposes related to the receivership.
new text end
new text begin Subd. 11. new text end
new text begin Controlling individuals; restrictions on licensure. new text end
new text begin
No controlling individual
of a program placed into receivership under this section may apply for or receive a license
or certification to operate a residential or nonresidential program for five years from the
commencement of the receivership period. This subdivision does not apply to programs
that are owned or operated by controlling individuals that were in existence before the date
of the receivership agreement, and that have not been placed into receivership.
new text end
Sec. 22.
new text begin
[142B.44] FIRE MARSHAL INSPECTION.
new text end
new text begin
When licensure under this chapter or certification under chapter 142C requires an
inspection by a fire marshal to determine compliance with the State Fire Code under section
299F.011, a local fire code inspector approved by the state fire marshal may conduct the
inspection. If a community does not have a local fire code inspector or if the local fire code
inspector does not perform the inspection, the state fire marshal must conduct the inspection.
A local fire code inspector or the state fire marshal may recover the cost of these inspections
through a fee of no more than $50 per inspection charged to the applicant or license holder
or license-exempt child care center certification holder. The fees collected by the state fire
marshal under this section are appropriated to the commissioner of public safety for the
purpose of conducting the inspections.
new text end
Sec. 23.
new text begin
[142B.45] CRIB SAFETY REQUIREMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Consumer product safety web link. new text end
new text begin
The commissioners of children,
youth, and families and human services shall maintain a link from the licensing division
website to the United States Consumer Product Safety Commission website that addresses
crib safety information.
new text end
Sec. 24.
new text begin
[142B.46] REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
DEATH IN LICENSED PROGRAMS.
new text end
new text begin
(a) When a license holder is placing an infant to sleep, the license holder must place the
infant on the infant's back, unless the license holder has documentation from the infant's
physician, advanced practice registered nurse, or physician assistant directing an alternative
sleeping position for the infant. The physician, advanced practice registered nurse, or
physician assistant directive must be on a form developed by the commissioner and must
remain on file at the licensed location. An infant who independently rolls onto its stomach
after being placed to sleep on its back may be allowed to remain sleeping on its stomach if
the infant is at least six months of age or the license holder has a signed statement from the
parent indicating that the infant regularly rolls over at home.
new text end
new text begin
(b) The license holder must place the infant in a crib directly on a firm mattress with a
fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title
16, part 1511. The pacifier must be free from any sort of attachment. The requirements of
this section apply to license holders serving infants younger than one year of age. Licensed
child care providers must meet the crib requirements under section 142B.45. A correction
order shall not be issued under this paragraph unless there is evidence that a violation
occurred when an infant was present in the license holder's care.
new text end
new text begin
(c) If an infant falls asleep before being placed in a crib, the license holder must move
the infant to a crib as soon as practicable, and must keep the infant within sight of the license
holder until the infant is placed in a crib. When an infant falls asleep while being held, the
license holder must consider the supervision needs of other children in care when determining
how long to hold the infant before placing the infant in a crib to sleep. The sleeping infant
must not be in a position where the airway may be blocked or with anything covering the
infant's face.
new text end
new text begin
(d) When a license holder places an infant under one year of age down to sleep, the
infant's clothing or sleepwear must not have weighted materials, a hood, or a bib.
new text end
new text begin
(e) A license holder may place an infant under one year of age down to sleep wearing
a helmet if the license holder has signed documentation by a physician, advanced practice
registered nurse, physician assistant, licensed occupational therapist, or licensed physical
therapist on a form developed by the commissioner.
new text end
new text begin
(f) Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a swaddle. A swaddle is defined as a one-piece sleepwear that wraps
over the infant's arms, fastens securely only across the infant's upper torso, and does not
constrict the infant's hips or legs. If a swaddle is used by a license holder, the license holder
must ensure that it meets the requirements of paragraph (d) and is not so tight that it restricts
the infant's ability to breathe or so loose that the fabric could cover the infant's nose and
mouth. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
the license holder must obtain informed written consent for the use of swaddling from the
parent or guardian of the infant on a form developed by the commissioner.
new text end
new text begin
(g) A license holder may request a variance to this section to permit the use of a
cradleboard when requested by a parent or guardian for a cultural accommodation. A variance
for the use of a cradleboard may be issued only by the commissioner licensing the program.
The variance request must be submitted on a form developed by the commissioner in
partnership with Tribal welfare agencies and the Department of Health.
new text end
Sec. 25.
new text begin
[142B.49] CARE OF INDIVIDUALS ON MEDICAL MONITORING
EQUIPMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Licensed foster care and respite care. new text end
new text begin
This section applies to foster
care agencies and licensed foster care providers who place, supervise, or care for individuals
who rely on medical monitoring equipment to sustain life or monitor a medical condition
that could become life-threatening without proper use of the medical equipment in respite
care or foster care.
new text end
new text begin Subd. 2. new text end
new text begin Foster care agency requirements. new text end
new text begin
In order for an agency to place an individual
who relies on medical equipment to sustain life or monitor a medical condition that could
become life-threatening without proper use of the medical equipment with a foster care
provider, the agency must ensure that the foster care provider has received the training to
operate such equipment as observed and confirmed by a qualified source, and that the
provider:
new text end
new text begin
(1) is currently caring for an individual who is using the same equipment in the foster
home; or
new text end
new text begin
(2) has written documentation that the foster care provider has cared for an individual
who relied on such equipment within the past six months; or
new text end
new text begin
(3) has successfully completed training with the individual being placed with the provider.
new text end
new text begin Subd. 3. new text end
new text begin Foster care provider requirements. new text end
new text begin
A foster care provider shall not care for
an individual who relies on medical equipment to sustain life or monitor a medical condition
unless the provider has received the training to operate such equipment as observed and
confirmed by a qualified source, and:
new text end
new text begin
(1) is currently caring for an individual who is using the same equipment in the foster
home; or
new text end
new text begin
(2) has written documentation that the foster care provider has cared for an individual
who relied on such equipment within the past six months; or
new text end
new text begin
(3) has successfully completed training with the individual being placed with the provider.
new text end
new text begin Subd. 4. new text end
new text begin Qualified source definition. new text end
new text begin
For purposes of this section, a "qualified source"
includes a health care professional or an individual who provides training on such equipment.
new text end
new text begin Subd. 5. new text end
new text begin Foster care provider training and skills form. new text end
new text begin
The agency supervising the
foster care provider shall keep a training and skills form on file for each foster care provider
and update the form annually. The agency placing the individual shall obtain a copy of the
training and skills form from the foster care provider or the agency supervising the foster
care provider and shall keep it and any updated information on file for the duration of the
placement. The form must be made available to the parents or the primary caregiver and
social worker of the individual, or the individual, whichever is applicable, in order to make
an informed placement decision. The agency shall use the training and skills form developed
by the commissioner of children, youth, and families.
new text end
Sec. 26.
new text begin
[142B.50] DISCLOSURE OF COMMUNICABLE DISEASE.
new text end
new text begin Subdivision 1. new text end
new text begin Licensed foster care. new text end
new text begin
This section applies to county agencies, private
child-placing agencies, and individuals who place children or youth who have a known
communicable disease, as defined in section 144.4172, subdivision 2, in foster care settings
licensed under this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Placing agency's or individual's duties. new text end
new text begin
Notwithstanding sections 144.291 to
144.298, before a county agency, private child-placing agency, or individual places a child
or youth with a known communicable disease with a licensed foster care provider, the
agency or individual must:
new text end
new text begin
(1) disclose to the foster care license holder the child's communicable disease; and
new text end
new text begin
(2) determine that the foster care provider has the ability to provide care to the child or
youth.
new text end
Sec. 27.
new text begin
[142B.51] CHILD PASSENGER RESTRAINT SYSTEMS.
new text end
new text begin Subdivision 1. new text end
new text begin Seat belt and child passenger restraint system use. new text end
new text begin
When a child is
transported, a license holder must comply with all seat belt and child passenger restraint
system requirements under sections 169.685 and 169.686.
new text end
new text begin Subd. 2. new text end
new text begin Child passenger restraint systems; training requirement. new text end
new text begin
(a) Programs
licensed by the Department of Human Services under chapter 245A or the Department of
Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that
serve a child or children under eight years of age must document training that fulfills the
requirements in this subdivision.
new text end
new text begin
(b) Before a license holder, staff person, or caregiver transports a child or children under
age eight in a motor vehicle, the person transporting the child must satisfactorily complete
training on the proper use and installation of child restraint systems in motor vehicles.
Training completed under this section may be used to meet initial or ongoing training under
Minnesota Rules, part 2960.3070, subparts 1 and 2.
new text end
new text begin
(c) Training required under this section must be completed at orientation or initial training
and repeated at least once every five years. At a minimum, the training must address the
proper use of child restraint systems based on the child's size, weight, and age, and the
proper installation of a car seat or booster seat in the motor vehicle used by the license
holder to transport the child or children.
new text end
new text begin
(d) Training under paragraph (c) must be provided by individuals who are certified and
approved by the Office of Traffic Safety within the Department of Public Safety. License
holders may obtain a list of certified and approved trainers through the Department of Public
Safety website or by contacting the agency.
new text end
new text begin
(e) Notwithstanding paragraph (a), for an emergency relative placement under section
142B.06, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety check up. The child seat safety check up
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety check up must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the other requirements of this subdivision prior to placement
of another foster child younger than eight years of age in the home or prior to the renewal
of the child foster care license.
new text end
Sec. 28.
new text begin
[142B.52] PRONE RESTRAINT PROHIBITION.
new text end
new text begin
Programs licensed under this chapter must comply with the requirements of section
245A.211.
new text end
Sec. 29.
new text begin
[142B.53] MANDATORY REPORTING.
new text end
new text begin
Any individual engaging in licensing functions and activities under this chapter, including
authorities delegated under section 142B.30, must immediately report any suspected fraud
to county children, youth, and families investigators or the Department of Children, Youth,
and Families Office of Inspector General.
new text end
Sec. 30.
new text begin
[142B.54] REQUIREMENTS; MALTREATMENT OF MINORS OR
VULNERABLE ADULTS.
new text end
new text begin Subdivision 1. new text end
new text begin Maltreatment of minors internal review. new text end
new text begin
Except for family child care
settings and foster care for children in the license holder's residence, license holders serving
children shall:
new text end
new text begin
(1) establish and maintain policies and procedures to ensure that an internal review is
completed within 30 calendar days and that corrective action is taken if necessary to protect
the health and safety of children in care when the facility has reason to know that an internal
or external report of alleged or suspected maltreatment has been made. The review must
include an evaluation of whether:
new text end
new text begin
(i) related policies and procedures were followed;
new text end
new text begin
(ii) the policies and procedures were adequate;
new text end
new text begin
(iii) there is a need for additional staff training;
new text end
new text begin
(iv) the reported event is similar to past events with the children or the services involved;
and
new text end
new text begin
(v) there is a need for corrective action by the license holder to protect the health and
safety of children in care.
new text end
new text begin
Based on the results of this review, the license holder must develop, document, and
implement a corrective action plan designed to correct current lapses and prevent future
lapses in performance by individuals or the license holder, if any;
new text end
new text begin
(2) identify the primary and secondary person or position who will ensure that, when
required, internal reviews are completed. The secondary person shall be involved when
there is reason to believe that the primary person was involved in the alleged or suspected
maltreatment; and
new text end
new text begin
(3) document and make internal reviews accessible to the commissioner immediately
upon the commissioner's request. For the purposes of this section, the documentation provided
to the commissioner by the license holder may consist of a completed checklist that verifies
completion of each of the requirements of the review.
new text end
new text begin Subd. 2. new text end
new text begin Maltreatment of minors ongoing training requirement. new text end
new text begin
(a) In addition to
the orientation training required by the applicable licensing rules and statutes, private
child-placing agency license holders must provide a training annually on the maltreatment
of minors reporting requirements and definitions in chapter 260E to each mandatory reporter,
as described in section 260E.06, subdivision 1.
new text end
new text begin
(b) In addition to the orientation training required by the applicable licensing rules and
statutes, all family child foster care license holders and caregivers and foster residence
setting staff and volunteers who are mandatory reporters as described in section 260E.06,
subdivision 1, must complete training each year on the maltreatment of minors reporting
requirements and definitions in chapter 260E.
new text end
new text begin Subd. 3. new text end
new text begin Vulnerable adults. new text end
new text begin
License holders serving vulnerable adults are subject to
the requirements of section 245A.65.
new text end
Sec. 31.
new text begin
[142B.80] CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL
HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.
new text end
new text begin
Prior to a nonemergency placement of a child in a foster care home, the child foster care
license holder and caregivers in foster family and treatment foster care settings, and all staff
providing care in foster residence settings must complete two hours of training that addresses
the causes, symptoms, and key warning signs of mental health disorders; cultural
considerations; and effective approaches for dealing with a child's behaviors. At least one
hour of the annual training requirement for the foster family license holder and caregivers,
and foster residence staff must be on children's mental health issues and treatment. Except
for providers and services under chapter 245D, the annual training must also include at least
one hour of training on fetal alcohol spectrum disorders, which must be counted toward the
12 hours of required in-service training per year. Short-term substitute caregivers are exempt
from these requirements. Training curriculum shall be approved by the commissioner of
children, youth, and families.
new text end
Sec. 32.
Minnesota Statutes 2023 Supplement, section 245A.02, subdivision 5a, is amended
to read:
Subd. 5a.
Controlling individual.
(a) "Controlling individual" means an owner of a
program or service provider licensed under this chapter and the following individuals, if
applicable:
(1) each officer of the organization, including the chief executive officer and chief
financial officer;
(2) the individual designated as the authorized agent under section 245A.04, subdivision
1, paragraph (b);
(3) the individual designated as the compliance officer under section 256B.04, subdivision
21, paragraph (g);
(4) each managerial official whose responsibilities include the direction of the
management or policies of a program;new text begin and
new text end
deleted text begin
(5) the individual designated as the primary provider of care for a special family child
care program under section 245A.14, subdivision 4, paragraph (d); and
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end the president and treasurer of the board of directors of a nonprofit corporation.
(b) Controlling individual does not include:
(1) a bank, savings bank, trust company, savings association, credit union, industrial
loan and thrift company, investment banking firm, or insurance company unless the entity
operates a program directly or through a subsidiary;
(2) an individual who is a state or federal official, or state or federal employee, or a
member or employee of the governing body of a political subdivision of the state or federal
government that operates one or more programs, unless the individual is also an officer,
owner, or managerial official of the program, receives remuneration from the program, or
owns any of the beneficial interests not excluded in this subdivision;
(3) an individual who owns less than five percent of the outstanding common shares of
a corporation:
(i) whose securities are exempt under section 80A.45, clause (6); or
(ii) whose transactions are exempt under section 80A.46, clause (2);
(4) an individual who is a member of an organization exempt from taxation under section
290.05, unless the individual is also an officer, owner, or managerial official of the program
or owns any of the beneficial interests not excluded in this subdivision. This clause does
not exclude from the definition of controlling individual an organization that is exempt from
taxation; or
(5) an employee stock ownership plan trust, or a participant or board member of an
employee stock ownership plan, unless the participant or board member is a controlling
individual according to paragraph (a).
(c) For purposes of this subdivision, "managerial official" means an individual who has
the decision-making authority related to the operation of the program, and the responsibility
for the ongoing management of or direction of the policies, services, or employees of the
program. A site director who has no ownership interest in the program is not considered to
be a managerial official for purposes of this definition.
Sec. 33.
Minnesota Statutes 2022, section 245A.02, subdivision 6e, is amended to read:
Subd. 6e.
Foster residence setting.
"Foster residence setting" has the meaning given
in Minnesota Rules, part 2960.3010, subpart 26, and includes settings licensed by the
commissioner of deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end or the commissioner of
corrections.
Sec. 34.
Minnesota Statutes 2022, section 245A.03, subdivision 1, is amended to read:
Subdivision 1.
License required.
Unless licensed by the commissioner under this chapter,
an individual, organization, or government entity must not:
(1) operate a residential or a nonresidential program;
(2) receive a child or adult for care, supervision, or placement in foster care deleted text begin or adoptiondeleted text end ;new text begin
or
new text end
deleted text begin
(3) help plan the placement of a child or adult in foster care or adoption or engage in
placement activities as defined in section 259.21, subdivision 9, in this state, whether or not
the adoption occurs in this state; or
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end advertise a residential or nonresidential program.
Sec. 35.
Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 2, is amended
to read:
Subd. 2.
Exclusion from licensure.
(a) This chapter does not apply to:
(1) residential or nonresidential programs that are provided to a person by an individual
who is related deleted text begin unless the residential program is a child foster care placement made by a
local social services agency or a licensed child-placing agency, except as provided in
subdivision 2adeleted text end ;
(2) nonresidential programs that are provided by an unrelated individual to persons from
a single related family;
(3) residential or nonresidential programs that are provided to adults who do not misuse
substances or have a substance use disorder, a mental illness, a developmental disability, a
functional impairment, or a physical disability;
(4) sheltered workshops or work activity programs that are certified by the commissioner
of employment and economic development;
(5) programs operated by a public school for children 33 months or older;
(6) nonresidential programs primarily for children that provide care or supervision for
periods of less than three hours a day while the child's parent or legal guardian is in the
same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;
(7) nursing homes or hospitals licensed by the commissioner of health except as specified
under section 245A.02;
(8) board and lodge facilities licensed by the commissioner of health that do not provide
children's residential services under Minnesota Rules, chapter 2960, mental health or
substance use disorder treatment;
deleted text begin
(9) homes providing programs for persons placed by a county or a licensed agency for
legal adoption, unless the adoption is not completed within two years;
deleted text end
deleted text begin (10)deleted text end new text begin (9)new text end programs licensed by the commissioner of corrections;
deleted text begin (11)deleted text end new text begin (10)new text end recreation programs for children or adults that are operated or approved by a
park and recreation board whose primary purpose is to provide social and recreational
activities;
deleted text begin
(12) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA
as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in
section 315.51, whose primary purpose is to provide child care or services to school-age
children;
deleted text end
deleted text begin
(13) Head Start nonresidential programs which operate for less than 45 days in each
calendar year;
deleted text end
deleted text begin (14)deleted text end new text begin (11)new text end noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;
deleted text begin (15)deleted text end new text begin (12)new text end programs for children such as scouting, boys clubs, girls clubs, and sports and
art programs, and nonresidential programs for children provided for a cumulative total of
less than 30 days in any 12-month period;
deleted text begin (16)deleted text end new text begin (13)new text end residential programs for persons with mental illness, that are located in hospitals;
deleted text begin
(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the
congregate care of children by a church, congregation, or religious society during the period
used by the church, congregation, or religious society for its regular worship;
deleted text end
deleted text begin (18)deleted text end new text begin (14)new text end camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;
deleted text begin (19)deleted text end new text begin (15)new text end mental health outpatient services for adults with mental illness or children with
emotional disturbance;
deleted text begin (20)deleted text end new text begin (16)new text end residential programs serving school-age children whose sole purpose is cultural
or educational exchange, until the commissioner adopts appropriate rules;
deleted text begin (21)deleted text end new text begin (17)new text end community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;
deleted text begin
(22) the placement of a child by a birth parent or legal guardian in a preadoptive home
for purposes of adoption as authorized by section 259.47;
deleted text end
deleted text begin (23)deleted text end new text begin (18)new text end settings registered under chapter 144D which provide home care services
licensed by the commissioner of health to fewer than seven adults;
deleted text begin (24)deleted text end new text begin (19)new text end substance use disorder treatment activities of licensed professionals in private
practice as defined in section 245G.01, subdivision 17;
deleted text begin (25)deleted text end new text begin (20)new text end consumer-directed community support service funded under the Medicaid
waiver for persons with developmental disabilities when the individual who provided the
service is:
(i) the same individual who is the direct payee of these specific waiver funds or paid by
a fiscal agent, fiscal intermediary, or employer of record; and
(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service;
deleted text begin
(26) a program serving only children who are age 33 months or older, that is operated
by a nonpublic school, for no more than four hours per day per child, with no more than 20
children at any one time, and that is accredited by:
deleted text end
deleted text begin
(i) an accrediting agency that is formally recognized by the commissioner of education
as a nonpublic school accrediting organization; or
deleted text end
deleted text begin
(ii) an accrediting agency that requires background studies and that receives and
investigates complaints about the services provided.
deleted text end
deleted text begin
A program that asserts its exemption from licensure under item (ii) shall, upon request
from the commissioner, provide the commissioner with documentation from the accrediting
agency that verifies: that the accreditation is current; that the accrediting agency investigates
complaints about services; and that the accrediting agency's standards require background
studies on all people providing direct contact services;
deleted text end
deleted text begin
(27) a program operated by a nonprofit organization incorporated in Minnesota or another
state that serves youth in kindergarten through grade 12; provides structured, supervised
youth development activities; and has learning opportunities take place before or after
school, on weekends, or during the summer or other seasonal breaks in the school calendar.
A program exempt under this clause is not eligible for child care assistance under chapter
deleted text end
deleted text begin
119B
deleted text end
deleted text begin
. A program exempt under this clause must:
deleted text end
deleted text begin
(i) have a director or supervisor on site who is responsible for overseeing written policies
relating to the management and control of the daily activities of the program, ensuring the
health and safety of program participants, and supervising staff and volunteers;
deleted text end
deleted text begin
(ii) have obtained written consent from a parent or legal guardian for each youth
participating in activities at the site; and
deleted text end
deleted text begin
(iii) have provided written notice to a parent or legal guardian for each youth at the site
that the program is not licensed or supervised by the state of Minnesota and is not eligible
to receive child care assistance payments;
deleted text end
deleted text begin (28)deleted text end new text begin (21)new text end a county that is an eligible vendor under section 254B.05 to provide care
coordination and comprehensive assessment services;
deleted text begin (29)deleted text end new text begin (22)new text end a recovery community organization that is an eligible vendor under section
254B.05 to provide peer recovery support services; or
deleted text begin
(30) Head Start programs that serve only children who are at least three years old but
not yet six years old.
deleted text end
new text begin
(23) programs licensed by the commissioner of children, youth, and families in chapter
142B.
new text end
(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.
deleted text begin (c)deleted text end new text begin (b)new text end Except for the home and community-based services identified in section 245D.03,
subdivision 1, nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.
Sec. 36.
Minnesota Statutes 2022, section 245A.03, subdivision 4, is amended to read:
Subd. 4.
Excluded child care programs; right to seek licensure.
Nothing in this section
shall prohibit a child care program that is excluded from licensure under subdivision 2,
paragraph (a), clause (2), deleted text begin or under Laws 1997, chapter 248, section 46, as amended by Laws
1997, First Special Session chapter 5, section 10,deleted text end from seeking a license under this chapter.
The commissioner shall ensure that any application received from such an excluded provider
is processed in the same manner as all other applications for licensed family day care.
Sec. 37.
Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 7, is amended
to read:
Subd. 7.
Licensing moratorium.
(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult
foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter
for a physical location that will not be the primary residence of the license holder for the
entire period of licensure. If a deleted text begin family child foster care home ordeleted text end family adult foster care home
license is issued during this moratorium, and the license holder changes the license holder's
primary residence away from the physical location of the foster care license, the
commissioner shall revoke the license according to section 245A.07. The commissioner
shall not issue an initial license for a community residential setting licensed under chapter
245D. When approving an exception under this paragraph, the commissioner shall consider
the resource need determination process in paragraph (h), the availability of foster care
licensed beds in the geographic area in which the licensee seeks to operate, the results of a
person's choices during their annual assessment and service plan review, and the
recommendation of the local county board. The determination by the commissioner is final
and not subject to appeal. Exceptions to the moratorium include:
(1) a license for a person in a foster care setting that is not the primary residence of the
license holder and where at least 80 percent of the residents are 55 years of age or older;
(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);
(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
or regional treatment center; restructuring of state-operated services that limits the capacity
of state-operated facilities; or allowing movement to the community for people who no
longer require the level of care provided in state-operated facilities as provided under section
256B.092, subdivision 13, or 256B.49, subdivision 24;
(4) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for persons requiring hospital-level care;
or
(5) new foster care licenses or community residential setting licenses for people receiving
customized living or 24-hour customized living services under the brain injury or community
access for disability inclusion waiver plans under section 256B.49 or elderly waiver plan
under chapter 256S and residing in the customized living setting for which a license is
required. A customized living service provider subject to this exception may rebut the
presumption that a license is required by seeking a reconsideration of the commissioner's
determination. The commissioner's disposition of a request for reconsideration is final and
not subject to appeal under chapter 14. The exception is available until December 31, 2023.
This exception is available when:
(i) the person's customized living services are provided in a customized living service
setting serving four or fewer people in a single-family home operational on or before June
30, 2021. Operational is defined in section 256B.49, subdivision 28;
(ii) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and
(iii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the customized
living setting as determined by the lead agency.
(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.
(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.
(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) shall be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.
(e) A resource need determination process, managed at the state level, using the available
data required by section 144A.351, and other data and information shall be used to determine
where the reduced capacity determined under section 256B.493 will be implemented. The
commissioner shall consult with the stakeholders described in section 144A.351, and employ
a variety of methods to improve the state's capacity to meet the informed decisions of those
people who want to move out of corporate foster care or community residential settings,
long-term service needs within budgetary limits, including seeking proposals from service
providers or lead agencies to change service type, capacity, or location to improve services,
increase the independence of residents, and better meet needs identified by the long-term
services and supports reports and statewide data and information.
(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.
(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
services licensing division that the license holder provides or intends to provide these
waiver-funded services.
(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493.
(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.
Sec. 38.
Minnesota Statutes 2022, section 245A.035, subdivision 4, is amended to read:
Sec. 39.
Minnesota Statutes 2023 Supplement, section 245A.04, subdivision 4, is amended
to read:
Subd. 4.
Inspections; waiver.
(a) Before issuing a license under this chapter, the
commissioner shall conduct an inspection of the program. The inspection must include but
is not limited to:
(1) an inspection of the physical plant;
(2) an inspection of records and documents;
(3) observation of the program in operation; and
(4) an inspection for the health, safety, and fire standards in licensing requirements for
a child care license holder.
(b) The observation in paragraph (a), clause (3), is not required prior to issuing a license
under subdivision 7. If the commissioner issues a license under this chapter, these
requirements must be completed within one year after the issuance of the license.
deleted text begin
(c) Before completing a licensing inspection in a family child care program or child care
center, the licensing agency must offer the license holder an exit interview to discuss
violations or potential violations of law or rule observed during the inspection and offer
technical assistance on how to comply with applicable laws and rules. The commissioner
shall not issue a correction order or negative licensing action for violations of law or rule
not discussed in an exit interview, unless a license holder chooses not to participate in an
exit interview or not to complete the exit interview. If the license holder is unable to complete
the exit interview, the licensing agency must offer an alternate time for the license holder
to complete the exit interview.
deleted text end
deleted text begin
(d) If a family child care license holder disputes a county licensor's interpretation of a
licensing requirement during a licensing inspection or exit interview, the license holder
may, within five business days after the exit interview or licensing inspection, request
clarification from the commissioner, in writing, in a manner prescribed by the commissioner.
The license holder's request must describe the county licensor's interpretation of the licensing
requirement at issue, and explain why the license holder believes the county licensor's
interpretation is inaccurate. The commissioner and the county must include the license
holder in all correspondence regarding the disputed interpretation, and must provide an
opportunity for the license holder to contribute relevant information that may impact the
commissioner's decision. The county licensor must not issue a correction order related to
the disputed licensing requirement until the commissioner has provided clarification to the
license holder about the licensing requirement.
deleted text end
deleted text begin
(e) The commissioner or the county shall inspect at least once each calendar year a child
care provider licensed under this chapter and Minnesota Rules, chapter
deleted text end
deleted text begin
9502
deleted text end
deleted text begin
or
deleted text end
deleted text begin
9503
deleted text end
deleted text begin
, for
compliance with applicable licensing standards.
deleted text end
deleted text begin
(f) No later than November 19, 2017, the commissioner shall make publicly available
on the department's website the results of inspection reports of all child care providers
licensed under this chapter and under Minnesota Rules, chapter
deleted text end
deleted text begin
9502
deleted text end
deleted text begin
or
deleted text end
deleted text begin
9503
deleted text end
deleted text begin
, and the
number of deaths, serious injuries, and instances of substantiated child maltreatment that
occurred in licensed child care settings each year.
deleted text end
Sec. 40.
Minnesota Statutes 2023 Supplement, section 245A.04, subdivision 7, is amended
to read:
Subd. 7.
Grant of license; license extension.
(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license consistent with this section or, if applicable, a temporary change of ownership license
under section 245A.043. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of license;
(5) the maximum number and ages of persons that may receive services from the program;
and
(6) any special conditions of licensure.
(b) The commissioner may issue a license for a period not to exceed two years if:
(1) the commissioner is unable to conduct the observation required by subdivision 4,
paragraph (a), clause (3), because the program is not yet operational;
(2) certain records and documents are not available because persons are not yet receiving
services from the program; and
(3) the applicant complies with applicable laws and rules in all other respects.
(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program.
(d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a
license if the applicant, license holder, or an affiliated controlling individual has:
(1) been disqualified and the disqualification was not set aside and no variance has been
granted;
(2) been denied a license under this chapterdeleted text begin ,deleted text end new text begin or chapter 142Bnew text end within the past two years;
(3) had a license issued under this chapternew text begin or chapter 142Bnew text end revoked within the past five
years; or
(4) failed to submit the information required of an applicant under subdivision 1,
paragraph (f), (g), or (h), after being requested by the commissioner.
When a license issued under this chapternew text begin or chapter 142Bnew text end is revoked, the license holder
and each affiliated controlling individual with a revoked license may not hold any license
under chapter 245A for five years following the revocation, and other licenses held by the
applicant or license holder or licenses affiliated with each controlling individual shall also
be revoked.
(e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license
affiliated with a license holder or controlling individual that had a license revoked within
the past five years if the commissioner determines that (1) the license holder or controlling
individual is operating the program in substantial compliance with applicable laws and rules
and (2) the program's continued operation is in the best interests of the community being
served.
(f) Notwithstanding paragraph (d), the commissioner may issue a new license in response
to an application that is affiliated with an applicant, license holder, or controlling individual
that had an application denied within the past two years or a license revoked within the past
five years if the commissioner determines that (1) the applicant or controlling individual
has operated one or more programs in substantial compliance with applicable laws and rules
and (2) the program's operation would be in the best interests of the community to be served.
(g) In determining whether a program's operation would be in the best interests of the
community to be served, the commissioner shall consider factors such as the number of
persons served, the availability of alternative services available in the surrounding
community, the management structure of the program, whether the program provides
culturally specific services, and other relevant factors.
(h) The commissioner shall not issue or reissue a license under this chapter if an individual
living in the household where the services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
and no variance has been granted.
(i) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued
under this chapter has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.
(j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of
a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.
deleted text begin
(k) For purposes of reimbursement for meals only, under the Child and Adult Care Food
Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226,
relocation within the same county by a licensed family day care provider, shall be considered
an extension of the license for a period of no more than 30 calendar days or until the new
license is issued, whichever occurs first, provided the county agency has determined the
family day care provider meets licensure requirements at the new location.
deleted text end
deleted text begin (l)deleted text end new text begin (k)new text end Unless otherwise specified by statute, all licenses issued under this chapter expire
at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must
apply for and be granted a new license to operate the program or the program must not be
operated after the expiration date.
deleted text begin (m)deleted text end new text begin (l)new text end The commissioner shall not issue or reissue a license under this chapter if it has
been determined that a Tribal licensing authority has established jurisdiction to license the
program or service.
new text begin
(m) The commissioner of human services may coordinate and share data with the
commissioner of children, youth, and families to enforce this section.
new text end
Sec. 41.
Minnesota Statutes 2022, section 245A.04, subdivision 9, is amended to read:
Subd. 9.
Variances.
deleted text begin (a)deleted text end The commissioner may grant variances to rules that do not affect
the health or safety of persons in a licensed program if the following conditions are met:
(1) the variance must be requested by an applicant or license holder on a form and in a
manner prescribed by the commissioner;
(2) the request for a variance must include the reasons that the applicant or license holder
cannot comply with a requirement as stated in the rule and the alternative equivalent measures
that the applicant or license holder will follow to comply with the intent of the rule; and
(3) the request must state the period of time for which the variance is requested.
The commissioner may grant a permanent variance when conditions under which the
variance is requested do not affect the health or safety of persons being served by the licensed
program, nor compromise the qualifications of staff to provide services. The permanent
variance shall expire as soon as the conditions that warranted the variance are modified in
any way. Any applicant or license holder must inform the commissioner of any changes or
modifications that have occurred in the conditions that warranted the permanent variance.
Failure to advise the commissioner shall result in revocation of the permanent variance and
may be cause for other sanctions under sections 245A.06 and 245A.07.
The commissioner's decision to grant or deny a variance request is final and not subject
to appeal under the provisions of chapter 14.
deleted text begin
(b) The commissioner shall consider variances for child care center staff qualification
requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect
the health and safety of children served by the center. A variance request must be submitted
to the commissioner in accordance with paragraph (a) and must include a plan for the staff
person to gain additional experience, education, or training, as requested by the commissioner.
When reviewing a variance request under this section, the commissioner shall consider the
staff person's level of professional development, including but not limited to steps completed
on the Minnesota career lattice.
deleted text end
deleted text begin
(c) Beginning January 1, 2021, counties shall use a uniform application form developed
by the commissioner for variance requests by family child care license holders.
deleted text end
Sec. 42.
Minnesota Statutes 2023 Supplement, section 245A.041, subdivision 6, is amended
to read:
Subd. 6.
First date of direct contact; documentation requirements.
Except for deleted text begin family
child care, family foster care for children, anddeleted text end family adult day services that the license
holder provides in the license holder's residence, license holders must document the first
date that a background study subject has direct contact, as defined in section 245C.02,
subdivision 11, with a person served by the license holder's program. Unless this chapter
otherwise requires, if the license holder does not maintain the documentation required by
this subdivision in the license holder's personnel files, the license holder must provide the
documentation to the commissioner upon the commissioner's request.
Sec. 43.
Minnesota Statutes 2023 Supplement, section 245A.05, is amended to read:
245A.05 DENIAL OF APPLICATION.
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially complete application after receiving notice from the
commissioner under section 245A.04, subdivision 1;
(2) fails to comply with applicable laws or rules;
(3) knowingly withholds relevant information from or gives false or misleading
information to the commissioner in connection with an application for a license or during
an investigation;
(4) has a disqualification that has not been set aside under section 245C.22 and no
variance has been granted;
(5) has an individual living in the household who received a background study under
section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that
has not been set aside under section 245C.22, and no variance has been granted;
(6) is associated with an individual who received a background study under section
245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been set aside
under section 245C.22, and no variance has been granted;
(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision
6;
(9) has a history of noncompliance as a license holder or controlling individual with
applicable laws or rules, including but not limited to this chapter and chapters 119B and
245C;new text begin or
new text end
(10) is prohibited from holding a license according to section 245.095deleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(11) for a family foster setting, has or has an individual who is living in the household
where the licensed services are provided or is otherwise subject to a background study who
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the applicant's ability to safely provide care to foster children.
deleted text end
(b) An applicant whose application has been denied by the commissioner must be given
notice of the denial, which must state the reasons for the denial in plain language. Notice
must be given by certified mail, by personal service, or through the provider licensing and
reporting hub. The notice must state the reasons the application was denied and must inform
the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules,
parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the
commissioner in writing by certified mail, by personal service, or through the provider
licensing and reporting hub. If mailed, the appeal must be postmarked and sent to the
commissioner within 20 calendar days after the applicant received the notice of denial. If
an appeal request is made by personal service, it must be received by the commissioner
within 20 calendar days after the applicant received the notice of denial. If the order is issued
through the provider hub, the appeal must be received by the commissioner within 20
calendar days from the date the commissioner issued the order through the hub. Section
245A.08 applies to hearings held to appeal the commissioner's denial of an application.
Sec. 44.
Minnesota Statutes 2023 Supplement, section 245A.07, subdivision 1, is amended
to read:
Subdivision 1.
Sanctions; appeals; license.
(a) In addition to making a license conditional
under section 245A.06, the commissioner may suspend or revoke the license, impose a fine,
or secure an injunction against the continuing operation of the program of a license holder
whodeleted text begin :
deleted text end
deleted text begin (1)deleted text end does not comply with applicable law or ruledeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(2) has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children; or
deleted text end
deleted text begin
(3) has an individual living in the household where the licensed services are provided
or is otherwise subject to a background study, and the individual has nondisqualifying
background study information, as described in section 245C.05, subdivision 4, that reflects
on the license holder's ability to safely provide care to foster children.
deleted text end
When applying sanctions authorized under this section, the commissioner shall consider
the nature, chronicity, or severity of the violation of law or rule and the effect of the violation
on the health, safety, or rights of persons served by the program.
(b) If a license holder appeals the suspension or revocation of a license and the license
holder continues to operate the program pending a final order on the appeal, the commissioner
shall issue the license holder a temporary provisional license. Unless otherwise specified
by the commissioner, variances in effect on the date of the license sanction under appeal
continue under the temporary provisional license. If a license holder fails to comply with
applicable law or rule while operating under a temporary provisional license, the
commissioner may impose additional sanctions under this section and section 245A.06, and
may terminate any prior variance. If a temporary provisional license is set to expire, a new
temporary provisional license shall be issued to the license holder upon payment of any fee
required under section 245A.10. The temporary provisional license shall expire on the date
the final order is issued. If the license holder prevails on the appeal, a new nonprovisional
license shall be issued for the remainder of the current license period.
(c) If a license holder is under investigation and the license issued under this chapter is
due to expire before completion of the investigation, the program shall be issued a new
license upon completion of the reapplication requirements and payment of any applicable
license fee. Upon completion of the investigation, a licensing sanction may be imposed
against the new license under this section, section 245A.06, or 245A.08.
(d) Failure to reapply or closure of a license issued under this chapter by the license
holder prior to the completion of any investigation shall not preclude the commissioner
from issuing a licensing sanction under this section or section 245A.06 at the conclusion
of the investigation.
Sec. 45.
Minnesota Statutes 2023 Supplement, section 245A.07, subdivision 3, is amended
to read:
Subd. 3.
License suspension, revocation, or fine.
(a) The commissioner may suspend
or revoke a license, or impose a fine if:
(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;
(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;
(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;
(4) a license holder is excluded from any program administered by the commissioner
under section 245.095;
(5) revocation is required under section 245A.04, subdivision 7, paragraph (d);new text begin or
new text end
deleted text begin
(6) for a family foster setting, a license holder, or an individual living in the household
where the licensed services are provided or who is otherwise subject to a background study,
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children; or
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end suspension is necessary under subdivision 2a, paragraph (b), clause (2).
A license holder who has had a license issued under this chapter suspended, revoked,
or has been ordered to pay a fine must be given notice of the action by certified mail, by
personal service, or through the provider licensing and reporting hub. If mailed, the notice
must be mailed to the address shown on the application or the last known address of the
license holder. The notice must state in plain language the reasons the license was suspended
or revoked, or a fine was ordered.
(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail, by personal service, or through the provider licensing and reporting hub.
If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
days after the license holder receives notice that the license has been suspended or revoked.
If a request is made by personal service, it must be received by the commissioner within
ten calendar days after the license holder received the order. If the order is issued through
the provider hub, the appeal must be received by the commissioner within ten calendar days
from the date the commissioner issued the order through the hub. Except as provided in
subdivision 2a, paragraph (c), if a license holder submits a timely appeal of an order
suspending or revoking a license, the license holder may continue to operate the program
as provided in section 245A.04, subdivision 7, paragraphs (i) and (j), until the commissioner
issues a final order on the suspension or revocation.
(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail, by personal service, or through
the provider licensing and reporting hub. If mailed, the appeal must be postmarked and sent
to the commissioner within ten calendar days after the license holder receives notice that
the fine has been ordered. If a request is made by personal service, it must be received by
the commissioner within ten calendar days after the license holder received the order. If the
order is issued through the provider hub, the appeal must be received by the commissioner
within ten calendar days from the date the commissioner issued the order through the hub.
(2) The license holder shall pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.
(3) A license holder shall promptly notify the commissioner of human services, in writing,
when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the
commissioner determines that a violation has not been corrected as indicated by the order
to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify
the license holder by certified mail, by personal service, or through the provider licensing
and reporting hub that a second fine has been assessed. The license holder may appeal the
second fine as provided under this subdivision.
(4) Fines shall be assessed as follows:
(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557
for which the license holder is determined responsible for the maltreatment under section
260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);
(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;
deleted text begin
(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;
deleted text end
deleted text begin (iv)deleted text end new text begin (iii)new text end the license holder shall forfeit $200 for each occurrence of a violation of law
or rule governing matters of health, safety, or supervision, including but not limited to the
provision of adequate staff-to-child or adult ratios, and failure to comply with background
study requirements under chapter 245C; and
deleted text begin (v)deleted text end new text begin (iv)new text end the license holder shall forfeit $100 for each occurrence of a violation of law or
rule other than those subject to a $5,000, $1,000, or $200 fine in items (i) to (iv).
For purposes of this section, "occurrence" means each violation identified in the
commissioner's fine order. Fines assessed against a license holder that holds a license to
provide home and community-based services, as identified in section 245D.03, subdivision
1, and a community residential setting or day services facility license under chapter 245D
where the services are provided, may be assessed against both licenses for the same
occurrence, but the combined amount of the fines shall not exceed the amount specified in
this clause for that occurrence.
(5) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.
(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.
Sec. 46.
Minnesota Statutes 2022, section 245A.08, subdivision 2a, is amended to read:
Subd. 2a.
Consolidated contested case hearings.
(a) When a denial of a license under
section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is based on
a disqualification for which reconsideration was timely requested and which was not set
aside under section 245C.22, the scope of the contested case hearing shall include the
disqualification and the licensing sanction or denial of a license, unless otherwise specified
in this subdivision. When the licensing sanction or denial of a license is based on a
determination of maltreatment under section 626.557 or chapter 260E, or a disqualification
for serious or recurring maltreatment which was not set aside, the scope of the contested
case hearing shall include the maltreatment determination, disqualification, and the licensing
sanction or denial of a license, unless otherwise specified in this subdivision. In such cases,
a fair hearing under section 256.045 shall not be conducted as provided for in sections
245C.27, 260E.33, and 626.557, subdivision 9d.
(b) deleted text begin Except for family child care and child foster care,deleted text end Reconsideration of a maltreatment
determination under sections 260E.33 and 626.557, subdivision 9d, and reconsideration of
a disqualification under section 245C.22, shall not be conducted when:
(1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder is based on serious or recurring maltreatment;
(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and
(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction. In these cases, a fair hearing shall not be conducted
under sections 245C.27, 260E.33, and 626.557, subdivision 9d. The scope of the contested
case hearing must include the maltreatment determination, disqualification, and denial of
a license or licensing sanction.
Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
260E.33 and 626.557, subdivision 9d, and reconsideration of the disqualification shall be
conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as
provided under sections 245C.27, 260E.33, and 626.557, subdivision 9d.
(c) In consolidated contested case hearings regarding sanctions issued in deleted text begin family child
care, child foster care,deleted text end family adult day services, adult foster care, and community residential
settings, the county attorney shall defend the commissioner's orders in accordance with
section 245A.16, subdivision 4.
(d) The commissioner's final order under subdivision 5 is the final agency action on the
issue of maltreatment and disqualification, including for purposes of subsequent background
studies under chapter 245C and is the only administrative appeal of the final agency
determination, specifically, including a challenge to the accuracy and completeness of data
under section 13.04.
(e) When consolidated hearings under this subdivision involve a licensing sanction based
on a previous maltreatment determination for which the commissioner has issued a final
order in an appeal of that determination under section 256.045, or the individual failed to
exercise the right to appeal the previous maltreatment determination under section 260E.33
or 626.557, subdivision 9d, the commissioner's order is conclusive on the issue of
maltreatment. In such cases, the scope of the administrative law judge's review shall be
limited to the disqualification and the licensing sanction or denial of a license. In the case
of a denial of a license or a licensing sanction issued to a facility based on a maltreatment
determination regarding an individual who is not the license holder or a household member,
the scope of the administrative law judge's review includes the maltreatment determination.
(f) The hearings of all parties may be consolidated into a single contested case hearing
upon consent of all parties and the administrative law judge, if:
(1) a maltreatment determination or disqualification, which was not set aside under
section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07;
(2) the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under section 245C.03; and
(3) the individual has a hearing right under section 245C.27.
(g) When a denial of a license under section 245A.05 or a licensing sanction under
section 245A.07 is based on a disqualification for which reconsideration was requested and
was not set aside under section 245C.22, and the individual otherwise has no hearing right
under section 245C.27, the scope of the administrative law judge's review shall include the
denial or sanction and a determination whether the disqualification should be set aside,
unless section 245C.24 prohibits the set-aside of the disqualification. In determining whether
the disqualification should be set aside, the administrative law judge shall consider the
factors under section 245C.22, subdivision 4, to determine whether the individual poses a
risk of harm to any person receiving services from the license holder.
(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction under
section 245A.07 is based on the termination of a variance under section 245C.30, subdivision
4, the scope of the administrative law judge's review shall include the sanction and a
determination whether the disqualification should be set aside, unless section 245C.24
prohibits the set-aside of the disqualification. In determining whether the disqualification
should be set aside, the administrative law judge shall consider the factors under section
245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any
person receiving services from the license holder.
Sec. 47.
Minnesota Statutes 2022, section 245A.09, subdivision 7, is amended to read:
Subd. 7.
Regulatory methods.
(a) Where appropriate and feasible the commissioner
shall identify and implement alternative methods of regulation and enforcement to the extent
authorized in this subdivision. These methods shall include:
(1) expansion of the types and categories of licenses that may be granted;
(2) when the standards of another state or federal governmental agency or an independent
accreditation body have been shown to require the same standards, methods, or alternative
methods to achieve substantially the same intended outcomes as the licensing standards,
the commissioner shall consider compliance with the governmental or accreditation standards
to be equivalent to partial compliance with the licensing standards; and
(3) use of an abbreviated inspection that employs key standards that have been shown
to predict full compliance with the rules.
(b) If the commissioner accepts accreditation as documentation of compliance with a
licensing standard under paragraph (a), the commissioner shall continue to investigate
complaints related to noncompliance with all licensing standards. The commissioner may
take a licensing action for noncompliance under this chapter and shall recognize all existing
appeal rights regarding any licensing actions taken under this chapter.
(c) The commissioner shall work with the commissioners of healthdeleted text begin ,deleted text end new text begin ;new text end public safetydeleted text begin ,deleted text end new text begin ;new text end
administrationdeleted text begin ,deleted text end new text begin ; children, youth, and families;new text end and education in consolidating duplicative
licensing and certification rules and standards if the commissioner determines that
consolidation is administratively feasible, would significantly reduce the cost of licensing,
and would not reduce the protection given to persons receiving services in licensed programs.
Where administratively feasible and appropriate, the commissioner shall work with the
commissioners of health, public safety, administration, and education in conducting joint
agency inspections of programs.
(d) The commissioner shall work with the commissioners of healthdeleted text begin ,deleted text end new text begin ;new text end public safetydeleted text begin ,deleted text end new text begin ;new text end
administrationdeleted text begin ,deleted text end new text begin ; children, youth, and families;new text end and education in establishing a single point
of application for applicants who are required to obtain concurrent licensure from more
than one of the commissioners listed in this clause.
(e) Unless otherwise specified in statute, the commissioner may conduct routine
inspections biennially.
deleted text begin
(f) For a licensed child care center, the commissioner shall conduct one unannounced
licensing inspection at least annually.
deleted text end
Sec. 48.
Minnesota Statutes 2022, section 245A.10, subdivision 1, is amended to read:
Subdivision 1.
Application or license fee required, programs exempt from fee.
(a)
Unless exempt under paragraph (b), the commissioner shall charge a fee for evaluation of
applications and inspection of programs which are licensed under this chapter.
(b) Except as provided under subdivision 2, no application or license fee shall be charged
for deleted text begin child foster care,deleted text end adult foster caredeleted text begin , family and group family child care,deleted text end or a community
residential setting.
Sec. 49.
Minnesota Statutes 2022, section 245A.10, subdivision 2, is amended to read:
Subd. 2.
County fees for deleted text begin background studiesdeleted text end new text begin applicationsnew text end and licensing
inspections.
deleted text begin
(a) Before the implementation of NETStudy 2.0, for purposes of family and
group family child care licensing under this chapter, a county agency may charge a fee to
an applicant or license holder to recover the actual cost of background studies, but in any
case not to exceed $100 annually. A county agency may also charge a license fee to an
applicant or license holder not to exceed $50 for a one-year license or $100 for a two-year
license.
deleted text end
deleted text begin
(b) Before the implementation of NETStudy 2.0, a county agency may charge a fee to
a legal nonlicensed child care provider or applicant for authorization to recover the actual
cost of background studies completed under section 119B.125, but in any case not to exceed
$100 annually.
deleted text end
deleted text begin
(c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):
deleted text end
deleted text begin
(1) in cases of financial hardship;
deleted text end
deleted text begin
(2) if the county has a shortage of providers in the county's area;
deleted text end
deleted text begin
(3) for new providers; or
deleted text end
deleted text begin
(4) for providers who have attained at least 16 hours of training before seeking initial
licensure.
deleted text end
deleted text begin
(d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on an
installment basis for up to one year. If the provider is receiving child care assistance payments
from the state, the provider may have the fees under paragraph (a) or (b) deducted from the
child care assistance payments for up to one year and the state shall reimburse the county
for the county fees collected in this manner.
deleted text end
deleted text begin (e)deleted text end new text begin (a)new text end For purposes of adult foster care deleted text begin and child foster caredeleted text end licensingdeleted text begin ,deleted text end and licensing the
physical plant of a community residential setting, under this chapter, a county agency may
charge a fee to a corporate applicant or corporate license holder to recover the actual cost
of licensing inspections, not to exceed $500 annually.
deleted text begin (f)deleted text end new text begin (b)new text end Counties may elect to reduce or waive the fees in paragraph deleted text begin (e)deleted text end new text begin (a)new text end under the
following circumstances:
(1) in cases of financial hardship;
(2) if the county has a shortage of providers in the county's area; or
(3) for new providers.
Sec. 50.
Minnesota Statutes 2023 Supplement, section 245A.10, subdivision 3, is amended
to read:
Subd. 3.
Application fee for initial license or certification.
(a) For fees required under
subdivision 1, an applicant for an initial license or certification issued by the commissioner
shall submit a $500 application fee with each new application required under this subdivision.
An applicant for an initial day services facility license under chapter 245D shall submit a
$250 application fee with each new application. The application fee shall not be prorated,
is nonrefundable, and is in lieu of the annual license or certification fee that expires on
December 31. The commissioner shall not process an application until the application fee
is paid.
(b) Except as provided deleted text begin in clauses (1) and (2)deleted text end new text begin paragraph (c)new text end , an applicant shall apply for
a license to provide services at a specific location.
deleted text begin (1)deleted text end new text begin (c)new text end For a license to provide home and community-based services to persons with
disabilities or age 65 and older under chapter 245D, an applicant shall submit an application
to provide services statewide. deleted text begin Notwithstanding paragraph (a), applications received by the
commissioner between July 1, 2013, and December 31, 2013, for licensure of services
provided under chapter deleted text end deleted text begin 245Ddeleted text end deleted text begin must include an application fee that is equal to the annual
license renewal fee under subdivision 4, paragraph (b), or $500, whichever is less.
Applications received by the commissioner after January 1, 2014, must include the application
fee required under paragraph (a). Applicants who meet the modified application criteria
identified in section 245A.042, subdivision 2, are exempt from paying an application fee.
deleted text end
deleted text begin
(2) For a license for a private agency to provide foster care or adoption services under
Minnesota Rules, parts 9545.0755 to 9545.0845, an applicant shall submit a single application
to provide services statewide.
deleted text end
deleted text begin
(c) The initial application fee charged under this subdivision does not include the
temporary license surcharge under section 16E.22.
deleted text end
Sec. 51.
Minnesota Statutes 2023 Supplement, section 245A.10, subdivision 4, is amended
to read:
Subd. 4.
License or certification fee for certain programs.
deleted text begin
(a) Child care centers shall
pay an annual nonrefundable license fee based on the following schedule:
deleted text end
|
deleted text begin
Licensed Capacity deleted text end |
deleted text begin
Child Care Center deleted text end deleted text begin License Fee deleted text end |
|
|
deleted text begin
1 to 24 persons deleted text end |
deleted text begin
$200 deleted text end |
|
|
deleted text begin
25 to 49 persons deleted text end |
deleted text begin
$300 deleted text end |
|
|
deleted text begin
50 to 74 persons deleted text end |
deleted text begin
$400 deleted text end |
|
|
deleted text begin
75 to 99 persons deleted text end |
deleted text begin
$500 deleted text end |
|
|
deleted text begin
100 to 124 persons deleted text end |
deleted text begin
$600 deleted text end |
|
|
deleted text begin
125 to 149 persons deleted text end |
deleted text begin
$700 deleted text end |
|
|
deleted text begin
150 to 174 persons deleted text end |
deleted text begin
$800 deleted text end |
|
|
deleted text begin
175 to 199 persons deleted text end |
deleted text begin
$900 deleted text end |
|
|
deleted text begin
200 to 224 persons deleted text end |
deleted text begin
$1,000 deleted text end |
|
|
deleted text begin
225 or more persons deleted text end |
deleted text begin
$1,100 deleted text end |
deleted text begin (b)deleted text end new text begin (a)new text end (1) A program licensed to provide one or more of the home and community-based
services and supports identified under chapter 245D to persons with disabilities or age 65
and older, shall pay an annual nonrefundable license fee based on revenues derived from
the provision of services that would require licensure under chapter 245D during the calendar
year immediately preceding the year in which the license fee is paid, according to the
following schedule:
| License Holder Annual Revenue |
License Fee |
|
| less than or equal to $10,000 |
$200 |
|
| greater than $10,000 but less than or equal to $25,000 |
$300 |
|
| greater than $25,000 but less than or equal to $50,000 |
$400 |
|
| greater than $50,000 but less than or equal to $100,000 |
$500 |
|
| greater than $100,000 but less than or equal to $150,000 |
$600 |
|
| greater than $150,000 but less than or equal to $200,000 |
$800 |
|
| greater than $200,000 but less than or equal to $250,000 |
$1,000 |
|
| greater than $250,000 but less than or equal to $300,000 |
$1,200 |
|
| greater than $300,000 but less than or equal to $350,000 |
$1,400 |
|
| greater than $350,000 but less than or equal to $400,000 |
$1,600 |
|
| greater than $400,000 but less than or equal to $450,000 |
$1,800 |
|
| greater than $450,000 but less than or equal to $500,000 |
$2,000 |
|
| greater than $500,000 but less than or equal to $600,000 |
$2,250 |
|
| greater than $600,000 but less than or equal to $700,000 |
$2,500 |
|
| greater than $700,000 but less than or equal to $800,000 |
$2,750 |
|
| greater than $800,000 but less than or equal to $900,000 |
$3,000 |
|
| greater than $900,000 but less than or equal to $1,000,000 |
$3,250 |
|
| greater than $1,000,000 but less than or equal to $1,250,000 |
$3,500 |
|
| greater than $1,250,000 but less than or equal to $1,500,000 |
$3,750 |
|
| greater than $1,500,000 but less than or equal to $1,750,000 |
$4,000 |
|
| greater than $1,750,000 but less than or equal to $2,000,000 |
$4,250 |
|
| greater than $2,000,000 but less than or equal to $2,500,000 |
$4,500 |
|
| greater than $2,500,000 but less than or equal to $3,000,000 |
$4,750 |
|
| greater than $3,000,000 but less than or equal to $3,500,000 |
$5,000 |
|
| greater than $3,500,000 but less than or equal to $4,000,000 |
$5,500 |
|
| greater than $4,000,000 but less than or equal to $4,500,000 |
$6,000 |
|
| greater than $4,500,000 but less than or equal to $5,000,000 |
$6,500 |
|
| greater than $5,000,000 but less than or equal to $7,500,000 |
$7,000 |
|
| greater than $7,500,000 but less than or equal to $10,000,000 |
$8,500 |
|
| greater than $10,000,000 but less than or equal to $12,500,000 |
$10,000 |
|
| greater than $12,500,000 but less than or equal to $15,000,000 |
$14,000 |
|
| greater than $15,000,000 |
$18,000 |
(2) If requested, the license holder shall provide the commissioner information to verify
the license holder's annual revenues or other information as needed, including copies of
documents submitted to the Department of Revenue.
(3) At each annual renewal, a license holder may elect to pay the highest renewal fee,
and not provide annual revenue information to the commissioner.
(4) A license holder that knowingly provides the commissioner incorrect revenue amounts
for the purpose of paying a lower license fee shall be subject to a civil penalty in the amount
of double the fee the provider should have paid.
deleted text begin
(5) Notwithstanding clause (1), a license holder providing services under one or more
licenses under chapter 245B that are in effect on May 15, 2013, shall pay an annual license
fee for calendar years 2014, 2015, and 2016, equal to the total license fees paid by the license
holder for all licenses held under chapter 245B for calendar year 2013. For calendar year
2017 and thereafter, the license holder shall pay an annual license fee according to clause
(1).
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end A substance use disorder treatment program licensed under chapter 245G, to
provide substance use disorder treatment shall pay an annual nonrefundable license fee
based on the following schedule:
| Licensed Capacity |
License Fee |
|
| 1 to 24 persons |
$600 |
|
| 25 to 49 persons |
$800 |
|
| 50 to 74 persons |
$1,000 |
|
| 75 to 99 persons |
$1,200 |
|
| 100 or more persons |
$1,400 |
deleted text begin (d)deleted text end new text begin (c)new text end A detoxification program licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, or a withdrawal management program licensed under chapter 245F shall pay
an annual nonrefundable license fee based on the following schedule:
| Licensed Capacity |
License Fee |
|
| 1 to 24 persons |
$760 |
|
| 25 to 49 persons |
$960 |
|
| 50 or more persons |
$1,160 |
A detoxification program that also operates a withdrawal management program at the same
location shall only pay one fee based upon the licensed capacity of the program with the
higher overall capacity.
deleted text begin (e)deleted text end new text begin (d)new text end deleted text begin Except for child foster care,deleted text end A new text begin children'snew text end residential facility licensed under
Minnesota Rules, chapter 2960, to serve children shall pay an annual nonrefundable license
fee based on the following schedule:
| Licensed Capacity |
License Fee |
|
| 1 to 24 persons |
$1,000 |
|
| 25 to 49 persons |
$1,100 |
|
| 50 to 74 persons |
$1,200 |
|
| 75 to 99 persons |
$1,300 |
|
| 100 or more persons |
$1,400 |
deleted text begin (f)deleted text end new text begin (e)new text end A residential facility licensed under section 245I.23 or Minnesota Rules, parts
9520.0500 to 9520.0670, to serve persons with mental illness shall pay an annual
nonrefundable license fee based on the following schedule:
| Licensed Capacity |
License Fee |
|
| 1 to 24 persons |
$2,525 |
|
| 25 or more persons |
$2,725 |
deleted text begin (g)deleted text end new text begin (f)new text end A residential facility licensed under Minnesota Rules, parts 9570.2000 to
9570.3400, to serve persons with physical disabilities shall pay an annual nonrefundable
license fee based on the following schedule:
| Licensed Capacity |
License Fee |
|
| 1 to 24 persons |
$450 |
|
| 25 to 49 persons |
$650 |
|
| 50 to 74 persons |
$850 |
|
| 75 to 99 persons |
$1,050 |
|
| 100 or more persons |
$1,250 |
deleted text begin
(h) A private agency licensed to provide foster care and adoption services under
Minnesota Rules, parts 9545.0755 to 9545.0845, shall pay an annual nonrefundable license
fee of $875.
deleted text end
deleted text begin (i)deleted text end new text begin (g)new text end A program licensed as an adult day care center licensed under Minnesota Rules,
parts 9555.9600 to 9555.9730, shall pay an annual nonrefundable license fee based on the
following schedule:
| Licensed Capacity |
License Fee |
|
| 1 to 24 persons |
$500 |
|
| 25 to 49 persons |
$700 |
|
| 50 to 74 persons |
$900 |
|
| 75 to 99 persons |
$1,100 |
|
| 100 or more persons |
$1,300 |
deleted text begin (j)deleted text end new text begin (h)new text end A program licensed to provide treatment services to persons with sexual
psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts
9515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.
deleted text begin (k)deleted text end new text begin (i)new text end A mental health clinic certified under section 245I.20 shall pay an annual
nonrefundable certification fee of $1,550. If the mental health clinic provides services at a
primary location with satellite facilities, the satellite facilities shall be certified with the
primary location without an additional charge.
Sec. 52.
Minnesota Statutes 2023 Supplement, section 245A.13, subdivision 7, is amended
to read:
Subd. 7.
Rate recommendation.
For any program receiving Medicaid funds and ordered
into receivership, the commissioner of human services may review rates of a residential or
nonresidential program that has needs or deficiencies documented by the Department of
Healthnew text begin ; the Department of Children, Youth, and Families;new text end or the Department of Human
Services. If the commissioner of human services determines that a review of the rate
established under sections 256B.5012 and 256B.5013 is needed, the commissioner shall:
(1) review the order or determination that cites the deficiencies or needs; and
(2) determine the need for additional staff, additional annual hours by type of employee,
and additional consultants, services, supplies, equipment, repairs, or capital assets necessary
to satisfy the needs or deficiencies.
Sec. 53.
Minnesota Statutes 2022, section 245A.14, subdivision 1, is amended to read:
Subdivision 1.
Permitted single-family residential use.
A licensed nonresidential
program with a licensed capacity of 12 or fewer persons deleted text begin and a group family day care facility
licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer childrendeleted text end
shall be considered a permitted single-family residential use of property for the purposes
of zoning and other land use regulations.
Sec. 54.
Minnesota Statutes 2022, section 245A.14, subdivision 14, is amended to read:
Subd. 14.
Attendance records for publicly funded services.
deleted text begin
(a) A child care center
licensed under this chapter and according to Minnesota Rules, chapter 9503, must maintain
documentation of actual attendance for each child receiving care for which the license holder
is reimbursed by a governmental program. The records must be accessible to the
commissioner during the program's hours of operation, they must be completed on the actual
day of attendance, and they must include:
deleted text end
deleted text begin
(1) the first and last name of the child;
deleted text end
deleted text begin
(2) the time of day that the child was dropped off; and
deleted text end
deleted text begin
(3) the time of day that the child was picked up.
deleted text end
deleted text begin
(b) A family child care provider licensed under this chapter and according to Minnesota
Rules, chapter 9502, must maintain documentation of actual attendance for each child
receiving care for which the license holder is reimbursed for the care of that child by a
governmental program. The records must be accessible to the commissioner during the
program's hours of operation, they must be completed on the actual day of attendance, and
they must include:
deleted text end
deleted text begin
(1) the first and last name of the child;
deleted text end
deleted text begin
(2) the time of day that the child was dropped off; and
deleted text end
deleted text begin
(3) the time of day that the child was picked up.
deleted text end
deleted text begin (c)deleted text end new text begin (a)new text end An adult day services program licensed under this chapter and according to
Minnesota Rules, parts 9555.5105 to 9555.6265, must maintain documentation of actual
attendance for each adult day service recipient for which the license holder is reimbursed
by a governmental program. The records must be accessible to the commissioner during
the program's hours of operation, they must be completed on the actual day of attendance,
and they must include:
(1) the first, middle, and last name of the recipient;
(2) the time of day that the recipient was dropped off; and
(3) the time of day that the recipient was picked up.
deleted text begin (d)deleted text end new text begin (b)new text end Adult day services programs licensed under this chapter that are designated for
remote adult day services must maintain documentation of actual participation for each
adult day service recipient for whom the license holder is reimbursed by a governmental
program. The records must be accessible to the commissioner during the program's hours
of operation, must be completed on the actual day service is provided, and must include
the:
(1) first, middle, and last name of the recipient;
(2) time of day the remote services started;
(3) time of day that the remote services ended; and
(4) means by which the remote services were provided, through audio remote services
or through audio and video remote services.
Sec. 55.
Minnesota Statutes 2023 Supplement, section 245A.1435, is amended to read:
245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH
deleted text begin IN LICENSED PROGRAMSdeleted text end .
deleted text begin
(a) When a license holder is placing an infant to sleep, the license holder must place the
infant on the infant's back, unless the license holder has documentation from the infant's
physician, advanced practice registered nurse, or physician assistant directing an alternative
sleeping position for the infant. The physician, advanced practice registered nurse, or
physician assistant directive must be on a form developed by the commissioner and must
remain on file at the licensed location. An infant who independently rolls onto its stomach
after being placed to sleep on its back may be allowed to remain sleeping on its stomach if
the infant is at least six months of age or the license holder has a signed statement from the
parent indicating that the infant regularly rolls over at home.
deleted text end
deleted text begin
(b) The license holder must place the infant in a crib directly on a firm mattress with a
fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
the sheet with reasonable effort. The license holder must not place anything in the crib with
the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title
16, part 1511. The pacifier must be free from any sort of attachment. The requirements of
this section apply to license holders serving infants younger than one year of age. Licensed
child care providers must meet the crib requirements under section 245A.146. A correction
order shall not be issued under this paragraph unless there is evidence that a violation
occurred when an infant was present in the license holder's care.
deleted text end
deleted text begin
(c) If an infant falls asleep before being placed in a crib, the license holder must move
the infant to a crib as soon as practicable, and must keep the infant within sight of the license
holder until the infant is placed in a crib. When an infant falls asleep while being held, the
license holder must consider the supervision needs of other children in care when determining
how long to hold the infant before placing the infant in a crib to sleep. The sleeping infant
must not be in a position where the airway may be blocked or with anything covering the
infant's face.
deleted text end
deleted text begin
(d) When a license holder places an infant under one year of age down to sleep, the
infant's clothing or sleepwear must not have weighted materials, a hood, or a bib.
deleted text end
deleted text begin
(e) A license holder may place an infant under one year of age down to sleep wearing
a helmet if the license holder has signed documentation by a physician, advanced practice
registered nurse, physician assistant, licensed occupational therapist, or licensed physical
therapist on a form developed by the commissioner.
deleted text end
deleted text begin
(f) Placing a swaddled infant down to sleep in a licensed setting is not recommended
for an infant of any age and is prohibited for any infant who has begun to roll over
independently. However, with the written consent of a parent or guardian according to this
paragraph, a license holder may place the infant who has not yet begun to roll over on its
own down to sleep in a swaddle. A swaddle is defined as a one-piece sleepwear that wraps
over the infant's arms, fastens securely only across the infant's upper torso, and does not
constrict the infant's hips or legs. If a swaddle is used by a license holder, the license holder
must ensure that it meets the requirements of paragraph (d) and is not so tight that it restricts
the infant's ability to breathe or so loose that the fabric could cover the infant's nose and
mouth. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
the license holder must obtain informed written consent for the use of swaddling from the
parent or guardian of the infant on a form developed by the commissioner.
deleted text end
deleted text begin
(g) A license holder may request a variance to this section to permit the use of a
cradleboard when requested by a parent or guardian for a cultural accommodation. A variance
for the use of a cradleboard may be issued only by the commissioner. The variance request
must be submitted on a form developed by the commissioner in partnership with Tribal
welfare agencies and the Department of Health.
deleted text end
new text begin
Programs licensed under this chapter must comply with the requirements of section
142B.46 whenever caring for infants.
new text end
Sec. 56.
Minnesota Statutes 2022, section 245A.1443, subdivision 2, is amended to read:
Subd. 2.
Requirements for providing education.
(a) On or before the date of a child's
initial physical presence at the facility, the license holder must provide education to the
child's parent related to safe bathing and reducing the risk of sudden unexpected infant death
and abusive head trauma from shaking infants and young children. The license holder must
use the educational material developed by the commissioner to comply with this requirement.
At a minimum, the education must address:
(1) instruction that a child or infant should never be left unattended around water, a tub
should be filled with only two to four inches of water for infants, and an infant should never
be put into a tub when the water is running; and
(2) the risk factors related to sudden unexpected infant death and abusive head trauma
from shaking infants and young children, and means of reducing the risks, including the
safety precautions identified in section deleted text begin 245A.1435deleted text end new text begin 142B.46new text end and the risks of co-sleeping.
(b) The license holder must document the parent's receipt of the education and keep the
documentation in the parent's file. The documentation must indicate whether the parent
agrees to comply with the safeguards. If the parent refuses to comply, program staff must
provide additional education to the parent as described in the parental supervision plan. The
parental supervision plan must include the intervention, frequency, and staff responsible
for the duration of the parent's participation in the program or until the parent agrees to
comply with the safeguards.
Sec. 57.
Minnesota Statutes 2022, section 245A.1444, is amended to read:
245A.1444 TRAINING BY OTHER PROGRAMS ON RISK OF SUDDEN
UNEXPECTED INFANT DEATH AND ABUSIVE HEAD TRAUMA.
A licensed substance use disorder treatment program that serves clients with infants or
children through five years of age, who sleep at the program and a licensed children's
residential facility that serves infants or children through five years of age, must document
that before program staff persons or volunteers assist in the care of infants or children
through five years of age, they are instructed on the standards in section deleted text begin 245A.1435deleted text end new text begin 142B.46new text end
and receive training on reducing the risk of sudden unexpected infant death and abusive
head trauma from shaking infants and young children. The training conducted under this
section may be used to fulfill training requirements under section 245G.19, subdivision 4,
clause (2), and Minnesota Rules, part 2960.0100, subpart 3.
deleted text begin
This section does not apply to child care centers or family child care programs governed
by sections 245A.40 and 245A.50.
deleted text end
Sec. 58.
Minnesota Statutes 2022, section 245A.146, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Consumer product safety web linkdeleted text end new text begin Crib safety requirementsnew text end .
deleted text begin
The
commissioner shall maintain a link from the licensing division website to the United States
Consumer Product Safety Commission website that addresses crib safety information.
deleted text end
new text begin
The
commissioner and all licensed children's residential facilities, substance use disorder treatment
programs with children in care, and residential habilitation programs serving children with
developmental disabilities must follow the requirements of section 142B.45.
new text end
Sec. 59.
Minnesota Statutes 2022, section 245A.146, subdivision 2, is amended to read:
Subd. 2.
Documentation requirement for license holders.
(a) All licensed child care
providers, children's residential facilities, substance use disorder treatment programs with
children in care, and residential habilitation programs serving children with developmental
disabilities must maintain the following documentation for every crib used by or that is
accessible to any child in care:
(1) the crib's brand name; and
(2) the crib's model number.
(b) Any crib for which the license holder does not have the documentation required
under paragraph (a) must not be used by or be accessible to children in care.
(c) deleted text begin Effective December 28, 2012,deleted text end The licensed program must maintain documentation
that meets federal documentation requirements to show that every full-size and non-full-size
crib that is used by or is accessible to any child in care is compliant with federal crib standards
under Code of Federal Regulations, title 16, part 1219, for full-size baby cribs, or Code of
Federal Regulations, title 16, part 1220, for non-full-size baby cribs.
Sec. 60.
Minnesota Statutes 2022, section 245A.146, subdivision 5, is amended to read:
Subd. 5.
Commissioner new text begin of the licensed program new text end inspection.
During routine licensing
inspections, and when investigating complaints regarding alleged violations of this section,
the commissioner new text begin of the licensed program new text end shall review the provider's documentation required
under subdivisions 3 and 4.
Sec. 61.
Minnesota Statutes 2022, section 245A.146, subdivision 6, is amended to read:
Sec. 62.
Minnesota Statutes 2022, section 245A.147, subdivision 1, is amended to read:
Subdivision 1.
In-person checks on infants.
(a) License holdersnew text begin of family child care
programsnew text end that serve infants are encouraged to monitor sleeping infants by conducting
in-person checks on each infant in their care every 30 minutes.
(b) Upon enrollment of an infant in a family child care program, the license holder is
encouraged to conduct in-person checks on the sleeping infant every 15 minutes, during
the first four months of care.
(c) When an infant has an upper respiratory infection, the license holder is encouraged
to conduct in-person checks on the sleeping infant every 15 minutes throughout the hours
of sleep.
Sec. 63.
Minnesota Statutes 2022, section 245A.156, subdivision 1, is amended to read:
Subdivision 1.
Licensed foster care.
This section applies to county agenciesdeleted text begin , private
child-placing agencies,deleted text end and individuals who place children or adults who have a known
communicable disease, as defined in section 144.4172, subdivision 2, in foster care settings
licensed under this chapter.
Sec. 64.
Minnesota Statutes 2022, section 245A.156, subdivision 2, is amended to read:
Subd. 2.
Placing agency's or individual's duties.
Notwithstanding sections 144.291 to
144.298, before a county deleted text begin or private child-placing agencydeleted text end or individual places a child or
adult with a known communicable disease with a licensed foster care provider, the agency
or individual must:
(1) disclose to the foster care license holder the individual's communicable disease; and
(2) determine that the foster care provider has the ability to provide care to the individual.
Sec. 65.
Minnesota Statutes 2023 Supplement, section 245A.16, subdivision 1, is amended
to read:
Subdivision 1.
Delegation of authority to agencies.
(a) County agencies deleted text begin and private
agenciesdeleted text end that have been designated deleted text begin or licenseddeleted text end by the commissioner to perform licensing
functions and activities under section 245A.04; to recommend denial of applicants under
section 245A.05; to issue correction orders, to issue variances, and recommend a conditional
license under section 245A.06; or to recommend suspending or revoking a license or issuing
a fine under section 245A.07, shall comply with rules and directives of the commissioner
governing those functions and with this section. The following variances are excluded from
the delegation of variance authority and may be issued only by the commissioner:
(1) deleted text begin dual licensure of family child care and family child foster care,deleted text end dual licensure of
family child foster care and family adult foster care, dual licensure of child foster residence
setting and community residential setting, and dual licensure of family adult foster care and
family child care;
(2) adult foster care maximum capacity;
(3) adult foster care minimum age requirement;
(4) child foster care maximum age requirement;
(5) variances regarding disqualified individuals;
(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;
(7) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder;new text begin and
new text end
deleted text begin
(8) variances to section 245A.53 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in care; and
deleted text end
deleted text begin (9)deleted text end new text begin (8)new text end variances to section deleted text begin 245A.1435deleted text end new text begin 142B.46new text end for the use of a cradleboard for a cultural
accommodation.
deleted text begin
Except as provided in section 245A.14, subdivision 4, paragraph (a), clause (5), a county
agency must not grant a license holder a variance to exceed the maximum allowable family
child care license capacity of 14 children.
deleted text end
deleted text begin
(b) A county agency that has been designated by the commissioner to issue family child
care variances must:
deleted text end
deleted text begin
(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and
deleted text end
deleted text begin
(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.
deleted text end
deleted text begin
(c) For family child care programs, the commissioner shall require a county agency to
conduct one unannounced licensing review at least annually.
deleted text end
deleted text begin (d)deleted text end new text begin (b)new text end For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.
deleted text begin (e)deleted text end new text begin (c)new text end A license issued under this section may be issued for up to two years.
deleted text begin (f)deleted text end new text begin (d)new text end During implementation of chapter 245D, the commissioner shall consider:
(1) the role of counties in quality assurance;
(2) the duties of county licensing staff; and
(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.
Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.
deleted text begin (g)deleted text end new text begin (e)new text end Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county deleted text begin and
privatedeleted text end agencies.
deleted text begin
(h) A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:
deleted text end
deleted text begin
(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;
deleted text end
deleted text begin
(2) any death, serious injury, or determination of substantiated maltreatment; and
deleted text end
deleted text begin
(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.
deleted text end
Sec. 66.
Minnesota Statutes 2022, section 245A.16, subdivision 3, is amended to read:
Subd. 3.
Recommendations to commissioner.
The county deleted text begin or privatedeleted text end agency shall not
make recommendations to the commissioner regarding licensure without first conducting
an inspectiondeleted text begin , and for family child care, a background study of the applicant under chapter
245Cdeleted text end . The county deleted text begin or privatedeleted text end agency must forward its recommendation to the commissioner
regarding the appropriate licensing action within 20 working days of receipt of a completed
application.
Sec. 67.
Minnesota Statutes 2022, section 245A.16, subdivision 5, is amended to read:
Subd. 5.
Instruction and technical assistance.
deleted text begin (a)deleted text end The commissioner shall provide
instruction and technical assistance to county deleted text begin and privatedeleted text end agencies that are subject to this
section. County deleted text begin and privatedeleted text end agencies shall cooperate with the commissioner in carrying out
this section by ensuring that affected employees participate in instruction and technical
assistance provided by the commissioner.
deleted text begin
(b) Within existing appropriations, the commissioner shall provide training to county
and private licensing agencies that perform child care licensing functions on identifying
and preventing fraud relating to provider reimbursement in the child care assistance program,
by December 31, 2019.
deleted text end
Sec. 68.
Minnesota Statutes 2022, section 245A.18, subdivision 1, is amended to read:
Subdivision 1.
Seat belt and child passenger restraint system use.
deleted text begin
When a child is
transported, a license holder must comply with all seat belt and child passenger restraint
system requirements under sections 169.685 and 169.686.
deleted text end
new text begin
All license holders that transport children must comply with the requirements of section
142B.51, subdivision 1, and license holders that transport a child or children under eight
years of age must document training that fulfills the requirements in section 142B.51,
subdivision 2.
new text end
Sec. 69.
Minnesota Statutes 2022, section 245A.25, subdivision 1, is amended to read:
Subdivision 1.
Certification scope and applicability.
(a) This section establishes the
requirements that a children's residential facility or child foster residence setting must meet
to be certified for the purposes of Title IV-E funding requirements as:
(1) a qualified residential treatment program;
(2) a residential setting specializing in providing care and supportive services for youth
who have been or are at risk of becoming victims of sex trafficking or commercial sexual
exploitation;
(3) a residential setting specializing in providing prenatal, postpartum, or parenting
support for youth; or
(4) a supervised independent living setting for youth who are 18 years of age or older.
(b) This section does not apply to a foster family setting in which the license holder
resides in the foster home.
(c) Children's residential facilities licensed as detention settings according to Minnesota
Rules, parts 2960.0230 to 2960.0290, or secure programs according to Minnesota Rules,
parts 2960.0300 to 2960.0420, may not be certified under this section.
(d) For purposes of this section, "license holder" means an individual, organization, or
government entity that was issued a children's residential facility or foster residence setting
license by the commissioner of human services under this chapternew text begin ; by the commissioner of
children, youth, and families under chapter 142B;new text end or by the commissioner of corrections
under chapter 241.
(e) Certifications issued under this section for foster residence settings may only be
issued by the commissioner of human services and are not delegated to county or private
licensing agencies under section 245A.16.
Sec. 70.
Minnesota Statutes 2022, section 245A.25, subdivision 6, is amended to read:
Subd. 6.
Residential settings specializing in providing prenatal, postpartum, or
parenting supports for youth; certification requirements.
(a) To be certified as a
residential setting specializing in providing prenatal, postpartum, or parenting supports for
youth, a license holder must meet the requirements of this subdivision.
(b) The license holder must collaborate with the responsible social services agency and
other appropriate parties to implement each youth's out-of-home placement plan required
by section 260C.212, subdivision 1.
(c) The license holder must specialize in providing prenatal, postpartum, or parenting
supports for youth and must:
(1) provide equitable, culturally responsive, and individualized services to each youth;
(2) assist each youth with accessing postpartum services during the same period of time
that a woman is considered pregnant for the purposes of medical assistance eligibility under
section 256B.055, subdivision 6, including providing each youth with:
(i) sexual and reproductive health services and education; and
(ii) a postpartum mental health assessment and follow-up services; and
(3) discharge planning that includes the youth and the youth's family.
(d) On or before the date of a child's initial physical presence at the facility, the license
holder must provide education to the child's parent related to safe bathing and reducing the
risk of sudden unexpected infant death and abusive head trauma from shaking infants and
young children. The license holder must use the educational material developed by the
commissioner of human services to comply with this requirement. At a minimum, the
education must address:
(1) instruction that: (i) a child or infant should never be left unattended around water;
(ii) a tub should be filled with only two to four inches of water for infants; and (iii) an infant
should never be put into a tub when the water is running; and
(2) the risk factors related to sudden unexpected infant death and abusive head trauma
from shaking infants and young children and means of reducing the risks, including the
safety precautions identified in section deleted text begin 245A.1435deleted text end new text begin 142B.46new text end and the risks of co-sleeping.
The license holder must document the parent's receipt of the education and keep the
documentation in the parent's file. The documentation must indicate whether the parent
agrees to comply with the safeguards described in this paragraph. If the parent refuses to
comply, program staff must provide additional education to the parent as described in the
parental supervision plan. The parental supervision plan must include the intervention,
frequency, and staff responsible for the duration of the parent's participation in the program
or until the parent agrees to comply with the safeguards described in this paragraph.
(e) On or before the date of a child's initial physical presence at the facility, the license
holder must document the parent's capacity to meet the health and safety needs of the child
while on the facility premises considering the following factors:
(1) the parent's physical and mental health;
(2) the parent being under the influence of drugs, alcohol, medications, or other chemicals;
(3) the child's physical and mental health; and
(4) any other information available to the license holder indicating that the parent may
not be able to adequately care for the child.
(f) The license holder must have written procedures specifying the actions that staff shall
take if a parent is or becomes unable to adequately care for the parent's child.
(g) If the parent refuses to comply with the safeguards described in paragraph (d) or is
unable to adequately care for the child, the license holder must develop a parental supervision
plan in conjunction with the parent. The plan must account for any factors in paragraph (e)
that contribute to the parent's inability to adequately care for the child. The plan must be
dated and signed by the staff person who completed the plan.
(h) The license holder must have written procedures addressing whether the program
permits a parent to arrange for supervision of the parent's child by another youth in the
program. If permitted, the facility must have a procedure that requires staff approval of the
supervision arrangement before the supervision by the nonparental youth occurs. The
procedure for approval must include an assessment of the nonparental youth's capacity to
assume the supervisory responsibilities using the criteria in paragraph (e). The license holder
must document the license holder's approval of the supervisory arrangement and the
assessment of the nonparental youth's capacity to supervise the child and must keep this
documentation in the file of the parent whose child is being supervised by the nonparental
youth.
(i) The license holder must maintain a service delivery plan that describes how the
program provides services according to paragraphs (b) to (h).
Sec. 71.
Minnesota Statutes 2022, section 245A.25, subdivision 8, is amended to read:
Subd. 8.
Monitoring and inspections.
(a) For a program licensed by the commissioner
of human services, the commissioner of human services may review a program's compliance
with certification requirements by conducting an inspection, a licensing review, or an
investigation of the program. The commissioner may issue a correction order to the license
holder for a program's noncompliance with the certification requirements of this section.
For a program licensed by the commissioner of human services, a license holder must make
a request for reconsideration of a correction order according to section 245A.06, subdivision
2.
(b) For a program licensed by new text begin the commissioner of children, youth, and families or new text end the
commissioner of corrections, the commissioner of human services may review the program's
compliance with the requirements for a certification issued under this section biennially
and may issue a correction order identifying the program's noncompliance with the
requirements of this section. The correction order must state the following:
(1) the conditions that constitute a violation of a law or rule;
(2) the specific law or rule violated; and
(3) the time allowed for the program to correct each violation.
(c) For a program licensed by new text begin the commissioner of children, youth, and families or new text end the
commissioner of corrections, if a license holder believes that there are errors in the correction
order of the commissioner of human services, the license holder may ask the Department
of Human Services to reconsider the parts of the correction order that the license holder
alleges are in error. To submit a request for reconsideration, the license holder must send a
written request for reconsideration by United States mail to the commissioner of human
services. The request for reconsideration must be postmarked within 20 calendar days of
the date that the correction order was received by the license holder and must:
(1) specify the parts of the correction order that are alleged to be in error;
(2) explain why the parts of the correction order are in error; and
(3) include documentation to support the allegation of error.
A request for reconsideration does not stay any provisions or requirements of the correction
order. The commissioner of human services' disposition of a request for reconsideration is
final and not subject to appeal under chapter 14.
(d) Nothing in this subdivision prohibits the commissioner of human services from
decertifying a license holder according to subdivision 9 prior to issuing a correction order.
Sec. 72.
Minnesota Statutes 2022, section 245A.66, subdivision 1, is amended to read:
Subdivision 1.
Internal review.
deleted text begin Except for family child care settings and foster care for
children in the license holder's residence,deleted text end License holders serving children deleted text begin shall:deleted text end new text begin are subject
to the requirements of section 142B.54, subdivision 1.
new text end
deleted text begin
(1) establish and maintain policies and procedures to ensure that an internal review is
completed within 30 calendar days and that corrective action is taken if necessary to protect
the health and safety of children in care when the facility has reason to know that an internal
or external report of alleged or suspected maltreatment has been made. The review must
include an evaluation of whether:
deleted text end
deleted text begin
(i) related policies and procedures were followed;
deleted text end
deleted text begin
(ii) the policies and procedures were adequate;
deleted text end
deleted text begin
(iii) there is a need for additional staff training;
deleted text end
deleted text begin
(iv) the reported event is similar to past events with the children or the services involved;
and
deleted text end
deleted text begin
(v) there is a need for corrective action by the license holder to protect the health and
safety of children in care.
deleted text end
deleted text begin
Based on the results of this review, the license holder must develop, document, and
implement a corrective action plan designed to correct current lapses and prevent future
lapses in performance by individuals or the license holder, if any;
deleted text end
deleted text begin
(2) identify the primary and secondary person or position who will ensure that, when
required, internal reviews are completed. The secondary person shall be involved when
there is reason to believe that the primary person was involved in the alleged or suspected
maltreatment; and
deleted text end
deleted text begin
(3) document and make internal reviews accessible to the commissioner immediately
upon the commissioner's request. For the purposes of this section, the documentation provided
to the commissioner by the license holder may consist of a completed checklist that verifies
completion of each of the requirements of the review.
deleted text end
Sec. 73.
Minnesota Statutes 2023 Supplement, section 245A.66, subdivision 4, is amended
to read:
Subd. 4.
Ongoing training requirement.
deleted text begin (a)deleted text end In addition to the orientation training
required by the applicable licensing rules and statutes, children's residential facility deleted text begin and
private child-placing agencydeleted text end license holders must provide a training annually on the
maltreatment of minors reporting requirements and definitions in chapter 260E to each
mandatory reporter, as described in section 260E.06, subdivision 1.
deleted text begin
(b) In addition to the orientation training required by the applicable licensing rules and
statutes, all family child foster care license holders and caregivers and foster residence
setting staff and volunteers that are mandatory reporters as described in section 260E.06,
subdivision 1, must complete training each year on the maltreatment of minors reporting
requirements and definitions in chapter
deleted text end
deleted text begin
260E
deleted text end
deleted text begin
.
deleted text end
Sec. 74. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must renumber sections or subdivisions in column A as column
B.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
|
new text begin
245A.02, subdivision 2c new text end |
new text begin
142B.01, subdivision 3 new text end |
|
|
new text begin
245A.02, subdivision 6a new text end |
new text begin
142B.01, subdivision 11 new text end |
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new text begin
245A.02, subdivision 6b new text end |
new text begin
142B.01, subdivision 12 new text end |
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new text begin
245A.02, subdivision 10a new text end |
new text begin
142B.01, subdivision 22 new text end |
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new text begin
245A.02, subdivision 12 new text end |
new text begin
142B.01, subdivision 23 new text end |
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245A.02, subdivision 16 new text end |
new text begin
142B.01, subdivision 26 new text end |
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new text begin
245A.02, subdivision 17 new text end |
new text begin
142B.01, subdivision 27 new text end |
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new text begin
245A.02, subdivision 18 new text end |
new text begin
142B.01, subdivision 28 new text end |
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new text begin
245A.02, subdivision 19 new text end |
new text begin
142B.01, subdivision 13 new text end |
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new text begin
245A.03, subdivision 2a new text end |
new text begin
142B.05, subdivision 3 new text end |
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new text begin
245A.03, subdivision 2b new text end |
new text begin
142B.05, subdivision 4 new text end |
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245A.03, subdivision 4 new text end |
new text begin
142B.05, subdivision 6 new text end |
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245A.03, subdivision 4a new text end |
new text begin
142B.05, subdivision 7 new text end |
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new text begin
245A.03, subdivision 8 new text end |
new text begin
142B.05, subdivision 10 new text end |
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new text begin
245A.035 new text end |
new text begin
142B.06 new text end |
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new text begin
245A.04, subdivision 9a new text end |
new text begin
142B.10, subdivision 17 new text end |
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new text begin
245A.04, subdivision 10 new text end |
new text begin
142B.10, subdivision 18 new text end |
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new text begin
245A.06, subdivision 8 new text end |
new text begin
142B.16, subdivision 5 new text end |
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new text begin
245A.06, subdivision 9 new text end |
new text begin
142B.16, subdivision 6 new text end |
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new text begin
245A.065 new text end |
new text begin
142B.17 new text end |
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new text begin
245A.07, subdivision 4 new text end |
new text begin
142B.18, subdivision 6 new text end |
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new text begin
245A.07, subdivision 5 new text end |
new text begin
142B.18, subdivision 7 new text end |
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new text begin
245A.14, subdivision 3 new text end |
new text begin
142B.41, subdivision 3 new text end |
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new text begin
245A.14, subdivision 4 new text end |
new text begin
142B.41, subdivision 4 new text end |
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new text begin
245A.14, subdivision 4a new text end |
new text begin
142B.41, subdivision 5 new text end |
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new text begin
245A.14, subdivision 6 new text end |
new text begin
142B.41, subdivision 6 new text end |
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new text begin
245A.14, subdivision 8 new text end |
new text begin
142B.41, subdivision 7 new text end |
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new text begin
245A.14, subdivision 10 new text end |
new text begin
142B.41, subdivision 8 new text end |
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new text begin
245A.14, subdivision 11 new text end |
new text begin
142B.41, subdivision 9 new text end |
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new text begin
245A.14, subdivision 15 new text end |
new text begin
142B.41, subdivision 11 new text end |
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new text begin
245A.14, subdivision 16 new text end |
new text begin
142B.41, subdivision 12 new text end |
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new text begin
245A.14, subdivision 17 new text end |
new text begin
142B.41, subdivision 13 new text end |
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new text begin
245A.1434 new text end |
new text begin
142B.60 new text end |
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new text begin
245A.144 new text end |
new text begin
142B.47 new text end |
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new text begin
245A.1445 new text end |
new text begin
142B.48 new text end |
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new text begin
245A.145 new text end |
new text begin
142B.61 new text end |
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new text begin
245A.146, subdivision 2 new text end |
new text begin
142B.45, subdivision 2 new text end |
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245A.146, subdivision 3 new text end |
new text begin
142B.45, subdivision 3 new text end |
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245A.146, subdivision 4 new text end |
new text begin
142B.45, subdivision 4 new text end |
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245A.146, subdivision 5 new text end |
new text begin
142B.45, subdivision 5 new text end |
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245A.146, subdivision 6 new text end |
new text begin
142B.45, subdivision 6 new text end |
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new text begin
245A.147 new text end |
new text begin
142B.75 new text end |
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new text begin
245A.148 new text end |
new text begin
142B.76 new text end |
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245A.149 new text end |
new text begin
142B.77 new text end |
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new text begin
245A.15 new text end |
new text begin
142B.78 new text end |
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new text begin
245A.1511 new text end |
new text begin
142B.79 new text end |
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new text begin
245A.152 new text end |
new text begin
142B.62 new text end |
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245A.16, subdivision 7 new text end |
new text begin
142B.30, subdivision 7 new text end |
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245A.16, subdivision 9 new text end |
new text begin
142B.30, subdivision 9 new text end |
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245A.16, subdivision 11 new text end |
new text begin
142B.30, subdivision 11 new text end |
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245A.23 new text end |
new text begin
142B.63 new text end |
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245A.40 new text end |
new text begin
142B.65 new text end |
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245A.41 new text end |
new text begin
142B.66 new text end |
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245A.42 new text end |
new text begin
142B.67 new text end |
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245A.50 new text end |
new text begin
142B.70 new text end |
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245A.51 new text end |
new text begin
142B.71 new text end |
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245A.52 new text end |
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142B.72 new text end |
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245A.53 new text end |
new text begin
142B.74 new text end |
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245A.66, subdivision 2 new text end |
new text begin
142B.54, subdivision 2 new text end |
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245A.66, subdivision 3 new text end |
new text begin
142B.54, subdivision 3 new text end |
new text begin
The revisor of statutes must correct any statutory cross-references consistent with this
renumbering.
new text end
Sec. 75. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 245A.04, subdivision 17; and 245A.09, subdivision
10,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2023 Supplement, section 245A.18, subdivision 2,
new text end
new text begin
is repealed.
new text end
ARTICLE 3
CHAPTER 142C; CERTIFIED CHILD CARE CENTERS
Section 1.
new text begin
[142C.17] PRONE RESTRAINT PROHIBITION.
new text end
new text begin
Programs certified under this chapter must comply with the requirements of section
245A.211.
new text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 245H.05, is amended to read:
245H.05 MONITORING AND INSPECTIONS.
(a) The commissioner must conduct an on-site inspection of a certified license-exempt
child care center at least once each calendar year to determine compliance with the health,
safety, and fire standards specific to a certified license-exempt child care center.
(b) deleted text begin No later than November 19, 2017,deleted text end The commissioner shall make publicly available
on the department's website the results of inspection reports for all certified centers including
the number of deaths, serious injuries, and instances of substantiated child maltreatment
that occurred in certified centers each year.
Sec. 3. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must renumber sections or subdivisions in Column A as Column
B.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
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new text begin
245H.01 new text end |
new text begin
142C.01 new text end |
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new text begin
245H.02 new text end |
new text begin
142C.02 new text end |
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new text begin
245H.03 new text end |
new text begin
142C.03 new text end |
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245H.04 new text end |
new text begin
142C.04 new text end |
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245H.05 new text end |
new text begin
142C.05 new text end |
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245H.06 new text end |
new text begin
142C.06 new text end |
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245H.07 new text end |
new text begin
142C.07 new text end |
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245H.08 new text end |
new text begin
142C.08 new text end |
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new text begin
245H.10 new text end |
new text begin
142C.09 new text end |
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new text begin
245H.11 new text end |
new text begin
142C.10 new text end |
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new text begin
245H.13 new text end |
new text begin
142C.11 new text end |
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new text begin
245H.14 new text end |
new text begin
142C.12 new text end |
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new text begin
245H.15 new text end |
new text begin
142C.13 new text end |
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new text begin
245H.16 new text end |
new text begin
142C.14 new text end |
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new text begin
245H.17 new text end |
new text begin
142C.15 new text end |
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new text begin
245H.18 new text end |
new text begin
142C.16 new text end |
new text begin
The revisor of statutes must correct any statutory cross-references consistent with this
renumbering.
new text end
Sec. 4. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 245H.12,
new text end
new text begin
is repealed.
new text end
ARTICLE 4
CHAPTER 142D; EARLY CARE AND LEARNING
Section 1.
Minnesota Statutes 2022, section 119A.5411, is amended to read:
119A.5411 FULL-DAY REQUIREMENTS.
deleted text begin
The following phase-in of full-day services in Head Start programs or licensed child
care as defined in chapter 245A is required:
deleted text end
deleted text begin
(1) by fiscal year 2009, a minimum of 25 percent of the total state-funded enrollment
throughout the state must be provided in full-day services;
deleted text end
deleted text begin
(2) by fiscal year 2011, a minimum of 40 percent of the total state-funded enrollment
throughout the state must be provided in full-day services; and
deleted text end
deleted text begin (3) by fiscal year 2013,deleted text end new text begin (a)new text end A minimum of 50 percent of the total state-funded enrollmentnew text begin
in Head Start programs, including in licensed child care programs,new text end throughout the state must
be provided in full-day services.
new text begin (b) new text end Head Start programs may provide full-day services as part of their own program
model or through agreements with deleted text begin licenseddeleted text end full-daynew text begin licensednew text end child care programs. If licensed
child care deleted text begin providersdeleted text end new text begin programsnew text end do not exist in a geographic area, choose not to participate,
cannot meet the federal Head Start performance standards after sufficient opportunity, or a
Head Start program is unable to establish the full-day services as a part of their own program
model, the Head Start program may request exemption from the commissioner.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 121A.19, is amended to read:
121A.19 DEVELOPMENTAL SCREENING AID.
new text begin (a) new text end Each school year, the state must pay a district for each child or student screened by
the district according to the requirements of section 121A.17. The amount of state aid for
each child or student screened shall be: (1) $98 for a child screened at age three; (2) $65
for a child screened at age four; (3) $52 for a child screened at age five or six prior to
kindergarten; and (4) $39 for a student screened within 30 days after first enrolling in a
public school kindergarten if the student has not previously been screened according to the
requirements of section 121A.17. If this amount of aid is insufficient, the district may
permanently transfer from the general fund an amount that, when added to the aid, is
sufficient. Developmental screening aid shall not be paid for any student who is screened
more than 30 days after the first day of attendance at a public school kindergarten, except
if a student transfers to another public school kindergarten within 30 days after first enrolling
in a Minnesota public school kindergarten program. In this case, if the student has not been
screened, the district to which the student transfers may receive developmental screening
aid for screening that student when the screening is performed within 30 days of the transfer
date.
new text begin
(b) The commissioner and the commissioner of education shall enter into an agreement
under which the commissioner of education shall distribute funds appropriated for programs
under this section.
new text end
Sec. 3.
Minnesota Statutes 2022, section 124D.13, subdivision 2, is amended to read:
Subd. 2.
Program requirements.
(a) Early childhood family education programs are
programs for children in the period of life from birth to kindergarten, for the parents and
other relatives of these children, and for expectant parents. To the extent that funds are
insufficient to provide programs for all children, early childhood family education programs
should emphasize programming for a child from birth to age three and encourage parents
and other relatives to involve four- and five-year-old children in school readiness programs,
and other public and nonpublic early learning programs. A district may not limit participation
to school district residents. Early childhood family education programs must provide:
(1) programs to educate parents and other relatives about the physical, cognitive, social,
and emotional development of children and to enhance the skills of parents and other relatives
in providing for their children's learning and development;
(2) structured learning activities requiring interaction between children and their parents
or relatives;
(3) structured learning activities for children that promote children's development and
positive interaction with peers, which are held while parents or relatives attend parent
education classes;
(4) information on related community resources;
(5) information, materials, and activities that support the safety of children, including
prevention of child abuse and neglect;
(6) a community needs assessment that identifies new and underserved populations,
identifies child and family risk factors, particularly those that impact children's learning and
development, and assesses family and parenting education needs in the community;
(7) programming and services that are tailored to the needs of families and parents
prioritized in the community needs assessment; and
(8) information about and, if needed, assist in making arrangements for an early childhood
health and developmental screening under sections 121A.16 and 121A.17, when the child
nears the third birthday.
new text begin (b) new text end Early childhood family education programs should prioritize programming and
services for families and parents identified in the community needs assessment, particularly
those families and parents with children with the most risk factors birth to age three.
new text begin (c) new text end Early childhood family education programs are encouraged to provide parents of
English learners with translated oral and written information to monitor the program's impact
on their children's English language development, to know whether their children are
progressing in developing their English and native language proficiency, and to actively
engage with and support their children in developing their English and native language
proficiency.
deleted text begin Thedeleted text end new text begin (d) Early childhood family educationnew text end programs must include learning experiences
for children, parents, and other relatives that promote children's early literacy and, where
practicable, their native language skills and activities for children that require substantial
involvement of the children's parents or other relatives. deleted text begin The programdeleted text end new text begin Programsnew text end may provide
parenting education programming or services to anyone identified in the community needs
assessment. Providers must review the program periodically to assure the instruction and
materials are not racially, culturally, or sexually biased. The programs must encourage
parents to be aware of practices that may affect equitable development of children.
deleted text begin (b)deleted text end new text begin (e)new text end For the purposes of this section, "relative" or "relatives" means noncustodial
grandparents or other persons related to a child by blood, marriage, adoption, or foster
placement, excluding parents.
Sec. 4.
Minnesota Statutes 2022, section 124D.13, subdivision 3, is amended to read:
Subd. 3.
Substantial parental involvement.
The requirement of substantial parental or
other relative involvement in subdivision 2 means that:
deleted text begin (a)deleted text end new text begin (1)new text end parents or other relatives must be physically present much of the time in classes
with their children or be in concurrent classes;
deleted text begin (b)deleted text end new text begin (2)new text end parenting education or family education must be an integral part of every early
childhood family education program;
deleted text begin (c)deleted text end new text begin (3)new text end early childhood family education appropriations must not be used for traditional
day care or nursery school, or similar programs; and
deleted text begin (d)deleted text end new text begin (4)new text end the form of parent involvement common to kindergarten, elementary school, or
early childhood special education programs such as parent conferences, newsletters, and
notes to parents do not qualify a program under subdivision 2.
Sec. 5.
Minnesota Statutes 2022, section 124D.13, subdivision 4, is amended to read:
Subd. 4.
Home visiting program.
new text begin (a) new text end A district that levies for home visiting under
section 124D.135, subdivision 6, shall use this revenue to include as part of the early
childhood family education programs a parent education component that is designed to
reach isolated or at-risk families.
new text begin (b) new text end The home visiting program must:
(1) incorporate evidence-informed parenting education practices designed to support
the healthy growth and development of children, with a priority focus on those children
who have high needs;
(2) establish clear objectives and protocols for home visits;
(3) encourage families to make a transition from home visits to site-based parenting
programs;
(4) provide program services that are community-based, accessible, and culturally
relevant;
(5) foster collaboration among existing agencies and community-based organizations
that serve young children and their families, such as public health evidence-based models
of home visiting and Head Start home visiting; and
(6) provide information about and assist in making arrangements for an early childhood
health and developmental screening when the child nears his or her third birthday.
new text begin (c) new text end The home visiting program should be provided by licensed parenting educators,
certified family life educators, or professionals with an equivalent license that reflect the
demographic composition of the community to the extent possible.
Sec. 6.
Minnesota Statutes 2022, section 124D.135, subdivision 1, is amended to read:
Subdivision 1.
Revenue.
The revenue for early childhood family education programs
for a school district equals deleted text begin $120 for fiscal year 2014 anddeleted text end the formula allowance for the year
times 0.023 deleted text begin for fiscal year 2015 and later,deleted text end times the greater of:
(1) 150; or
(2) the number of people under five years of age residing in the district on October 1 of
the previous school year.
Sec. 7.
Minnesota Statutes 2022, section 124D.135, subdivision 3, is amended to read:
Subd. 3.
Early childhood family education levy.
By September 30 of each year, the
commissioner new text begin of education new text end shall establish a tax rate for early childhood family education
revenue that raises $22,135,000 in each fiscal year. deleted text begin Ifdeleted text end new text begin After consulting with the commissioner
of children, youth, and families, if the commissioner of education determines thatnew text end the amount
of the early childhood family education levy would exceed the early childhood family
education revenue, new text begin then new text end the early childhood family education levy must equal the early
childhood family education revenue. A district may not certify an early childhood family
education levy unless it has met the annual program data reporting requirements under
section 124D.13, subdivision 13.
Sec. 8.
Minnesota Statutes 2022, section 124D.135, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Funding. new text end
new text begin
The commissioner and the commissioner of education shall enter
into an agreement under which the commissioner of education shall distribute funds
appropriated for programs under this section.
new text end
Sec. 9.
Minnesota Statutes 2022, section 124D.142, subdivision 1, is amended to read:
Subdivision 1.
System established.
deleted text begin There is establisheddeleted text end A quality rating and improvement
system (QRIS) framework, known as Parent Aware,new text begin is establishednew text end to ensure that Minnesota's
children have access to high-quality early learning and care programs in a range of settings
so that they are fully ready for kindergarten.
Sec. 10.
Minnesota Statutes 2023 Supplement, section 124D.142, subdivision 2, is amended
to read:
Subd. 2.
System components.
(a) The standards-based voluntary quality rating and
improvement system includes:
(1) at least a one-star rating for all programs licensed under Minnesota Rules, chapter
9502 or 9503, or Tribally licensed that do not opt out of the system under paragraph (b) and
that are not:
(i) the subject of a finding of fraud for which the program or individual is currently
serving a penalty or exclusion;
(ii) prohibited from receiving public funds under section 245.095, regardless of whether
the action is under appeal;
(iii) under revocation, suspension, temporary immediate suspension, or decertification,
or is operating under a conditional license, regardless of whether the action is under appeal;
or
(iv) the subject of suspended, denied, or terminated payments to a provider under section
119B.13, subdivision 6, paragraph (d), clause (1) or (2); 245E.02, subdivision 4, paragraph
(c), clause (4); or 256.98, subdivision 1, regardless of whether the action is under appeal;
(2) quality opportunities in order to improve the educational outcomes of children so
that they are ready for school;
(3) a framework based on the Minnesota quality rating system rating tool and a common
set of child outcome and program standards informed by evaluation results;
(4) a tool to increase the number of publicly funded and regulated early learning and
care services in both public and private market programs that are high quality;
(5) voluntary participation ensuring that if a program or provider chooses to participate,
the program or provider will be rated and may receive public funding associated with the
rating; and
(6) tracking progress toward statewide access to high-quality early learning and care
programs, progress toward the number of low-income children whose parents can access
quality programs, and progress toward increasing the number of children who are fully
prepared to enter kindergarten.
(b) By July 1, 2026, the commissioner of deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end
shall establish a process by which a program may opt out of the rating under paragraph (a),
clause (1). The commissioner shall consult with Tribes to develop a process for rating
Tribally licensed programs that is consistent with the goal outlined in paragraph (a), clause
(1).
Sec. 11.
Minnesota Statutes 2022, section 124D.15, subdivision 3a, is amended to read:
Subd. 3a.
Application and reporting requirements.
(a) A school readiness program
provider must include a biennial plan in the district's world's best workforce plan under
section 120B.11, describing how the school readiness program meets the program
requirements under subdivision 3.
(b) Programs receiving school readiness funds annually must submit a report to the
departmentnew text begin of education for transfer to the department of children, youth, and familiesnew text end .
Sec. 12.
Minnesota Statutes 2023 Supplement, section 124D.151, subdivision 5, is amended
to read:
Subd. 5.
Application process; priority for high poverty schools.
(a) deleted text begin To qualify for
program approval for fiscal year 2017, a district or charter school must submit an application
to the commissioner by July 1, 2016.deleted text end To qualify for program approval deleted text begin for fiscal year 2018
and laterdeleted text end , a district or charter school must submit an application to the commissioner by
January 30 of the fiscal year prior to the fiscal year in which the program will be
implemented. The application must include:
(1) a description of the proposed program, including the number of hours per week the
program will be offered at each school site or mixed-delivery location;
(2) an estimate of the number of eligible children to be served in the program at each
school site or mixed-delivery location; and
(3) a statement of assurances signed by the superintendent or charter school director that
the proposed program meets the requirements of subdivision 2.
(b) The commissioner must review all applications deleted text begin submitted for fiscal year 2017 by
August 1, 2016, and must review all applications submitted for fiscal year 2018 and laterdeleted text end
by March 1 of the fiscal year in which the applications are received and determine whether
each application meets the requirements of paragraph (a).
(c) The commissioner must divide all applications for new or expanded voluntary
prekindergarten programs under this section meeting the requirements of paragraph (a) and
school readiness plus programs into four groups as follows: the Minneapolis and St. Paul
school districts; other school districts located in the metropolitan equity region as defined
in section 126C.10, subdivision 28; school districts located in the rural equity region as
defined in section 126C.10, subdivision 28; and charter schools. Within each group, the
applications must be ordered by rank using a sliding scale based on the following criteria:
(1) concentration of kindergarten students eligible for free or reduced-price meals by
school site on October 1 of the previous school year. A school site may contract to partner
with a community-based provider or Head Start under subdivision 3 or establish an early
childhood center and use the concentration of kindergarten students eligible for free or
reduced-price meals from a specific school site as long as those eligible children are
prioritized and guaranteed services at the mixed-delivery site or early education center. For
school district programs to be operated at locations that do not have free and reduced-price
meals concentration data for kindergarten programs for October 1 of the previous school
year, including mixed-delivery programs, the school district average concentration of
kindergarten students eligible for free or reduced-price meals must be used for the rank
ordering;
(2) presence or absence of a three- or four-star Parent Aware rated program within the
school district or close proximity of the district. School sites with the highest concentration
of kindergarten students eligible for free or reduced-price meals that do not have a three-
or four-star Parent Aware program within the district or close proximity of the district shall
receive the highest priority, and school sites with the lowest concentration of kindergarten
students eligible for free or reduced-price meals that have a three- or four-star Parent Aware
rated program within the district or close proximity of the district shall receive the lowest
priority; and
(3) whether the district has implemented a mixed delivery system.
(d) The limit on participation for the programs as specified in subdivision 6 must initially
be allocated among the four groups based on each group's percentage share of the statewide
kindergarten enrollment on October 1 of the previous school year. Within each group, the
participation limit for fiscal years 2018 and 2019 must first be allocated to school sites
approved for aid in the previous year to ensure that those sites are funded for the same
number of participants as approved for the previous year. The remainder of the participation
limit for each group must be allocated among school sites in priority order until that region's
share of the participation limit is reached. If the participation limit is not reached for all
groups, the remaining amount must be allocated to the highest priority school sites, as
designated under this section, not funded in the initial allocation on a statewide basis. For
fiscal year 2020 and later, the participation limit must first be allocated to school sites
approved for aid in fiscal year 2017, and then to school sites approved for aid in fiscal year
2018 based on the statewide rankings under paragraph (c).
(e) Once a school site or a mixed delivery site under subdivision 3 is approved for aid
under this subdivision, it shall remain eligible for aid if it continues to meet program
requirements, regardless of changes in the concentration of students eligible for free or
reduced-price meals.
(f) If the total number of participants approved based on applications submitted under
paragraph (a) is less than the participation limit under subdivision 6, the commissioner must
notify all school districts and charter schools of the amount that remains available within
30 days of the initial application deadline under paragraph (a), and complete a second round
of allocations based on applications received within 60 days of the initial application deadline.
(g) Procedures for approving applications submitted under paragraph (f) shall be the
same as specified in paragraphs (a) to (d), except that the allocations shall be made to the
highest priority school sites not funded in the initial allocation on a statewide basis.
Sec. 13.
Minnesota Statutes 2022, section 124D.151, subdivision 7, is amended to read:
Subd. 7.
Financial accounting.
An eligible school district or charter school must record
expenditures attributable to voluntary prekindergarten pupils according to guidelines prepared
by the commissioner new text begin of education new text end under section 127A.17.
Sec. 14.
Minnesota Statutes 2022, section 124D.151, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Funding. new text end
new text begin
The commissioner and the commissioner of education shall enter
into an agreement under which the commissioner of education shall distribute funds
appropriated for programs under this section.
new text end
Sec. 15.
Minnesota Statutes 2022, section 124D.16, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Funding. new text end
new text begin
The commissioner and the commissioner of education shall enter
into an agreement under which the commissioner of education shall distribute funds
appropriated for programs under this section.
new text end
Sec. 16.
Minnesota Statutes 2022, section 124D.165, subdivision 1, is amended to read:
Subdivision 1.
Establishment; purpose.
deleted text begin There is establisheddeleted text end An early learning
scholarships program deleted text begin in orderdeleted text end new text begin is establishednew text end to close the opportunity gap by increasing
access to high-quality early childhood programs.
Sec. 17.
Minnesota Statutes 2023 Supplement, section 125A.02, subdivision 1, is amended
to read:
Subdivision 1.
Child with a disability.
"Child with a disability" means a child identified
under federal and state special education law as deaf or hard-of-hearing, blind or visually
impaired, deafblind, or having a speech or language impairment, a physical impairment,
other health disability, developmental cognitive disability, an emotional or behavioral
disorder, specific learning disability, autism spectrum disorder, traumatic brain injury, or
severe multiple impairments, and who needs special education and related services, as
determined by the rules of the commissionernew text begin of children, youth, and families for children
from birth through age two and by the rules of the commissioner of education for all other
childrennew text end . A licensed physician, an advanced practice registered nurse, a physician assistant,
or a licensed psychologist is qualified to make a diagnosis and determination of attention
deficit disorder or attention deficit hyperactivity disorder for purposes of identifying a child
with a disability.
Sec. 18.
Minnesota Statutes 2022, section 125A.02, subdivision 1a, is amended to read:
Subd. 1a.
Children deleted text begin ages three throughdeleted text end new text begin from birth through agenew text end seven experiencing
developmental delays.
In addition new text begin to subdivision 1new text end , every child under age three, and at
local district discretion from age three to age seven, who needs special instruction and
services, as determined by the rules of the commissionernew text begin of children, youth, and families
for children from birth through age two and by the rules of the commissioner of education
for children ages three through sevennew text end , because the child has a substantial delay or has an
identifiable physical or mental condition known to hinder normal development is a child
with a disability.
Sec. 19.
Minnesota Statutes 2022, section 125A.02, subdivision 2, is amended to read:
Subd. 2.
Not a child with a disability.
A child with a short-term or temporary physical
or emotional illness or disability, as determined by the rules of the commissionernew text begin of children,
youth, and families for children from birth through age two and by the rules of the
commissioner of education for all other childrennew text end , is not a child with a disability.
Sec. 20.
Minnesota Statutes 2022, section 125A.28, is amended to read:
125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
new text begin Subdivision 1. new text end
new text begin Membership. new text end
An Interagency Coordinating Council of at least deleted text begin 17deleted text end new text begin 18new text end ,
but not more than deleted text begin 25deleted text end new text begin 26new text end members is established, in compliance with Public Law 108-446,
section 641. The members must be appointed by the governor and reasonably represent the
population of Minnesota. Council members must elect the council chair, who may not be
a representative of the Department of deleted text begin Educationdeleted text end new text begin Children, Youth, and Familiesnew text end . The council
must be composed of at least five parents, including persons of color, of children with
disabilities under age 12, including at least three parents of a child with a disability under
age seven, five representatives of public or private providers of services for children with
disabilities under age five, including a special education director, county social service
director, local Head Start director, and a community health services or public health nursing
administrator, one member of the senate, one member of the house of representatives, one
representative of teacher preparation programs in early childhood-special education or other
preparation programs in early childhood intervention, at least one representative of advocacy
organizations for children with disabilities under age five, one physician who cares for
young children with special health care needs, one representative each from the
commissioners of commerce, education, health, human services, new text begin and children, youth, and
families,new text end a representative from the state agency responsible for child care, foster care, mental
health, homeless coordinator of education of homeless children and youth, and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions
2 to 4, apply to the council. The council must meet at least quarterly.
new text begin Subd. 2. new text end
new text begin Implementing policy; duties. new text end
new text begin (a) new text end The council must address methods of
implementing the state policy of developing and implementing comprehensive, coordinated,
multidisciplinary interagency programs of early intervention services for children with
disabilities and their families.
new text begin (b) new text end The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.
new text begin Subd. 3. new text end
new text begin Recommendations; report. new text end
new text begin (a) new text end Within 30 days of receiving the annual
determination from the federal Office of Special Education on the Minnesota Part C Annual
Performance Report, the council must recommend to the governor and the commissioners
of new text begin children, youth, and families; new text end educationdeleted text begin ,deleted text end new text begin ;new text end healthdeleted text begin ,deleted text end new text begin ;new text end human servicesdeleted text begin ,deleted text end new text begin ;new text end commercedeleted text begin ,deleted text end new text begin ;new text end and
employment and economic development policies for a comprehensive and coordinated
system.
new text begin (b) new text end Annually, the council must prepare and submit a report to the governor and the
secretary of the federal Department of Education on the status of early intervention services
and programs for infants and toddlers with disabilities and their families under the Individuals
with Disabilities Education Act, United States Code, title 20, sections 1471 to 1485 (Part
C, Public Law 102-119), as operated in Minnesota. The Minnesota Part C annual performance
report may serve as the report.
new text begin Subd. 4. new text end
new text begin Expiration. new text end
Notwithstanding any other law to the contrary, the State Interagency
Coordinating Council does not expire unless federal law no longer requires the existence
of the council or committee.
Sec. 21.
Minnesota Statutes 2022, section 125A.35, subdivision 1, is amended to read:
Subdivision 1.
Lead agency; allocation of resources.
The state lead agency must
administer the early intervention account that consists of federal allocations. The Part C
state plan must state the amount of federal resources in the early intervention account
available for use by local agencies. The state lead agency mustnew text begin enter into an agreement
under which the commissioner of education mustnew text end distribute the funds to the local primary
agency designated by an Interagency Early Intervention Committee based on a formula that
includes a December 1 count of the prior year of Part C eligible children for the following
purposes:
(1) as provided in Code of Federal Regulations, title 34, part 303.430, to arrange for
payment for early intervention services not elsewhere available, or to pay for services during
the pendency of a conflict procedure, including mediation, complaints, due process hearings,
and interagency disputes; and
(2) to support interagency child find system activities.
Sec. 22.
Minnesota Statutes 2022, section 125A.45, is amended to read:
125A.45 INTERAGENCY DISPUTE PROCEDURE.
(a) A dispute between a school board and a county board that is responsible for
implementing the provisions of section 125A.29 regarding early identification, child and
family assessment, service coordination, and IFSP development and implementation must
be resolved according to this subdivision when the dispute involves services provided to
children and families eligible under the Individuals with Disabilities Education Act, United
States Code, title 20, section 1471 et seq. (Part C, Public Law 108-446).
(b) A dispute occurs when the school board and county board are unable to agree as to
who is responsible to coordinate, provide, pay for, or facilitate payment for services from
public and private sources.
(c) Written and signed disputes must be filed with the local primary agency.
(d) The local primary agency must attempt to resolve the matter with the involved school
board and county board and may request mediation from the commissioner of the state lead
agency for this purpose.
(e) When interagency disputes have not been resolved within 30 calendar days, the local
primary agency must request the commissioner of the state lead agency to review the matter
with the commissioners of new text begin education, new text end healthnew text begin ,new text end and human services and make a decision. The
commissioner must provide a consistent process for reviewing those procedures. The
commissioners' decision is binding subject to the right of an aggrieved party to appeal to
the state court of appeals.
(f) The local primary agency must ensure that eligible children and their families receive
early intervention services during resolution of a dispute. While a local dispute is pending,
the local primary agency must either assign financial responsibility to an agency or pay for
the service from the early intervention account under section 125A.35. If in resolving the
dispute, it is determined that the assignment of financial responsibility was inappropriate,
the responsibility for payment must be reassigned to the appropriate agency and the
responsible agency must make arrangements for reimbursing any expenditures incurred by
the agency originally assigned financial responsibility.
Sec. 23.
Minnesota Statutes 2022, section 125A.48, is amended to read:
125A.48 STATE INTERAGENCY AGREEMENT.
(a) The commissioners of deleted text begin the Departments ofdeleted text end new text begin children, youth, and families; new text end educationdeleted text begin ,deleted text end new text begin ;new text end
healthdeleted text begin ,deleted text end new text begin ;new text end and human services must enter into an agreement to implement this section and
Part C, Public Law 108-446, and as required by Code of Federal Regulations, title 34, section
303.523, to promote the development and implementation of interagency, coordinated,
multidisciplinary state and local early childhood intervention service systems for serving
eligible young children with disabilities, birth through age two, and their families and to
ensure the meaningful involvement of underserved groups, including children with disabilities
from minority, low-income, homeless, and rural families, and children with disabilities who
are wards of the state. The agreement must be reviewed annually.
(b) The state interagency agreement must outline at a minimum the conditions,
procedures, purposes, and responsibilities of the participating state and local agencies for
the following:
(1) membership, roles, and responsibilities of a state interagency committee for the
oversight of priorities and budget allocations under Part C, Public Law 108-446, and other
state allocations for this program;
(2) child find;
(3) establishment of local interagency agreements;
(4) review by a state interagency committee of the allocation of additional state and
federal early intervention funds by local agencies;
(5) fiscal responsibilities of the state and local agencies;
(6) intra-agency and interagency dispute resolution;
(7) payor of last resort;
(8) maintenance of effort;
(9) procedural safeguards, including mediation;
(10) complaint resolution;
(11) quality assurance;
(12) data collection;
(13) an annual summary to the state Interagency Coordinating Council regarding conflict
resolution activities including disputes, due process hearings, and complaints; and
(14) other components of the state and local early intervention system consistent with
Public Law 108-446.
Written materials must be developed for parents, IEIC's, and local service providers that
describe procedures developed under this section as required by Code of Federal Regulations,
title 34, section 303.
Sec. 24.
Minnesota Statutes 2022, section 125A.76, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Funding. new text end
new text begin
The commissioner and the commissioner of children, youth, and
families shall enter into an agreement, upon federal approval, under which the commissioner
of education shall distribute funds appropriated for programs under this section.
new text end
Sec. 25.
Laws 2017, First Special Session chapter 5, article 8, section 9, is amended by
adding a subdivision to read:
new text begin Subd. 7. new text end
new text begin Funding. new text end
new text begin
The commissioner and the commissioner of education shall enter
into an agreement under which the commissioner of education shall distribute funds
appropriated for programs under this section.
new text end
Sec. 26. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering. The revisor shall also make any
technical, language, and other changes necessitated by the renumbering and cross-reference
changes in this act.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
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new text begin
119A.50 new text end |
new text begin
142D.12 new text end |
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new text begin
119A.52 new text end |
new text begin
142D.121 new text end |
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new text begin
119A.53 new text end |
new text begin
142D.122 new text end |
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new text begin
119A.535 new text end |
new text begin
142D.123 new text end |
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new text begin
119A.5411 new text end |
new text begin
142D.124 new text end |
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new text begin
119A.545 new text end |
new text begin
142D.125 new text end |
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new text begin
119B.195 new text end |
new text begin
142D.30 new text end |
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new text begin
119B.196 new text end |
new text begin
142D.24 new text end |
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new text begin
119B.25 new text end |
new text begin
142D.20 new text end |
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new text begin
119B.251 new text end |
new text begin
142D.31 new text end |
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new text begin
119B.252 new text end |
new text begin
142D.32 new text end |
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new text begin
119B.27 new text end |
new text begin
142D.21 new text end |
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new text begin
119B.28 new text end |
new text begin
142D.22 new text end |
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new text begin
119B.29 new text end |
new text begin
142D.23 new text end |
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new text begin
121A.16 new text end |
new text begin
142D.09 new text end |
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new text begin
121A.17 new text end |
new text begin
142D.091 new text end |
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new text begin
121A.18 new text end |
new text begin
142D.092 new text end |
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new text begin
121A.19 new text end |
new text begin
142D.093 new text end |
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new text begin
124D.13 new text end |
new text begin
142D.10 new text end |
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new text begin
124D.135 new text end |
new text begin
142D.11 new text end |
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new text begin
124D.141 new text end |
new text begin
142D.16 new text end |
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new text begin
124D.142 new text end |
new text begin
142D.13 new text end |
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new text begin
124D.15 new text end |
new text begin
142D.05 new text end |
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new text begin
124D.151 new text end |
new text begin
142D.08 new text end |
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new text begin
124D.16 new text end |
new text begin
142D.06 new text end |
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new text begin
124D.165 new text end |
new text begin
142D.25 new text end |
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new text begin
124D.2211 new text end |
new text begin
142D.14 new text end |
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new text begin
124D.23 new text end |
new text begin
142D.15 new text end |
new text begin
(b) The revisor of statutes shall codify Laws 2017, First Special Session chapter 5, article
8, section 9, as amended by article 4, section 25, as Minnesota Statutes, section 142D.07.
new text end
new text begin
(c) The revisor of statutes shall change "commissioner of education" to "commissioner
of children, youth, and families" and change "Department of Education" to "Department of
Children, Youth, and Families" as necessary in Minnesota Statutes, chapters 119A and 120
to 129C, to reflect the changes in this act and Laws 2023, chapter 70, article 12. The revisor
shall also make any technical, language, and other changes resulting from the change of
term to the statutory language, sentence structure, or both, if necessary to preserve the
meaning of the text.
new text end
ARTICLE 5
CHAPTER 142E; CHILD CARE PROGRAMS
Section 1.
Minnesota Statutes 2022, section 119B.03, subdivision 8, is amended to read:
Subd. 8.
Guaranteed floor.
(a) deleted text begin Beginning January 1, 1996,deleted text end Each county's guaranteed
floor shall equal 90 percent of the allocation received in the preceding calendar year. deleted text begin For
the period January 1, 1999, to December 31, 1999, each county's guaranteed floor must be
equal to its original calendar year 1998 allocation or its actual earnings for calendar year
1998, whichever is less.
deleted text end
(b) When the amount of funds available for allocation is less than the amount available
in the previous year, each county's previous year allocation shall be reduced in proportion
to the reduction in the statewide funding, for the purpose of establishing the guaranteed
floor.
Sec. 2.
Minnesota Statutes 2022, section 119B.09, subdivision 12, is amended to read:
Subd. 12.
Sliding fee.
Child care services to families must be made available on a sliding
fee basis. The commissioner shall convert eligibility requirements in this section and parent
fee schedules in section 119B.12 to state median income, based on a family size of three,
adjusted for family sizedeleted text begin , by July 1, 2008. The commissioner shall report to the 2008
legislature with the necessary statutory changes to codify this conversion to state median
incomedeleted text end .
Sec. 3.
Minnesota Statutes 2023 Supplement, section 119B.125, subdivision 1a, is amended
to read:
Subd. 1a.
Background study required.
(a) This subdivision only applies to legal,
nonlicensed family child care providers.
(b) Prior to authorization, the commissioner new text begin of human services new text end shall perform a background
study on individuals identified under section 245C.02, subdivision 6a.
(c) After authorization, a background study deleted text begin shalldeleted text end new text begin mustnew text end also be performed when an
individual identified under section 245C.02, subdivision 6a, joins the household. The provider
must report all family changes that would require a new background study.
(d) At each reauthorization, the commissioner new text begin of children, youth, and families new text end must
ensure that a background study through NETStudy 2.0 has been performed on all individuals
in the provider's household for whom a background study is required under paragraphs (b)
and (c).
(e) Prior to a background study through NETStudy 2.0 expiring, another background
study must be completed on all individuals for whom the background study is expiring.
new text begin
(f) The commissioner of human services shall forward the background study
determination to the commissioner of children, youth, and families, who shall grant or deny
authorization as a legal nonlicensed family child care provider based on the commissioner
of human service's determination.
new text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 119B.125, subdivision 2, is amended
to read:
Subd. 2.
Persons who cannot be authorized.
(a) The provider seeking authorization
under this section shall collect the information required under section 245C.05 and forward
the information to the commissionernew text begin of human servicesnew text end . The background study must include
a review of the information required under section 245C.08, subdivision 3.
(b) A legal nonlicensed family child care provider is not authorized under this section
if:
(1) the commissioner new text begin of human services new text end determines that any household member who is
the subject of a background study is disqualified from direct contact with, or from access
to, persons served by the program and that disqualification has not been set aside or a
variance has not been granted under chapter 245C;
(2) the person has refused to give written consent for disclosure of criminal history
records;
(3) the person has been denied a family child care license;
(4) the person has a family child care licensing disqualification that has not been set
aside; or
(5) the person has admitted or a county has found that there is a preponderance of
evidence that fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for payment.
Sec. 5.
Minnesota Statutes 2023 Supplement, section 119B.125, subdivision 3, is amended
to read:
Subd. 3.
Authorization exception.
When the commissioner denies a person authorization
as a legal nonlicensed family child care provider under subdivision deleted text begin 2deleted text end new text begin 1a, paragraph (f)new text end , the
commissioner later may authorize that person as a provider if the following conditions are
met:
(1) after receiving notice of the denial of the authorization, the person applies for and
obtains a valid child care license issued under chapter 245A, issued by a Tribe, or issued
by another state;
(2) the person maintains the valid child care license; and
(3) the person is providing child care in the state of licensure or in the area under the
jurisdiction of the licensing Tribe.
Sec. 6.
Minnesota Statutes 2022, section 119B.24, is amended to read:
119B.24 DUTIES OF COMMISSIONER.
deleted text begin In addition to the powers and duties already conferred by law,deleted text end The commissioner deleted text begin of
human servicesdeleted text end shall:
(1) administer the child care fund, including the basic sliding fee program authorized
under sections 119B.011 to 119B.16;
(2) monitor the child care resource and referral programs established under section
119B.19; and
(3) encourage child care providers to participate in a nationally recognized accreditation
system for early childhood and school-age care programs. Subject to approval by the
commissioner, family child care providers and early childhood and school-age care programs
shall be reimbursed for one-half of the direct cost of accreditation fees, upon successful
completion of accreditation.
Sec. 7. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes must renumber sections or subdivisions in column A as column
B.
new text end
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new text begin
Column A new text end |
new text begin
Column B new text end |
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new text begin
119B.011 new text end |
new text begin
142E.01 new text end |
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new text begin
119B.011
new text end
new text begin
, subdivision 8 new text end |
new text begin
142E.01, subdivision 8 new text end |
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new text begin
119B.02 new text end |
new text begin
142E.02 new text end |
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new text begin
119B.025 new text end |
new text begin
142E.03 new text end |
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new text begin
119B.03 new text end |
new text begin
142E.04 new text end |
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new text begin
119B.035 new text end |
new text begin
142E.05 new text end |
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119B.04 new text end |
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142E.06 new text end |
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119B.05 new text end |
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142E.08 new text end |
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new text begin
119B.06 new text end |
new text begin
142E.07 new text end |
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119B.08 new text end |
new text begin
142E.09 new text end |
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new text begin
119B.09 new text end |
new text begin
142E.10 new text end |
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new text begin
119B.095 new text end |
new text begin
142E.11 new text end |
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new text begin
119B.097 new text end |
new text begin
142E.11, subdivision 4 new text end |
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new text begin
119B.10 new text end |
new text begin
142E.12 new text end |
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new text begin
119B.105 new text end |
new text begin
142E.13 new text end |
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new text begin
119B.11 new text end |
new text begin
142E.14 new text end |
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new text begin
119B.12 new text end |
new text begin
142E.15 new text end |
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new text begin
119B.125 new text end |
new text begin
142E.16 new text end |
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new text begin
119B.13 new text end |
new text begin
142E.17 new text end |
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new text begin
119B.14 new text end |
new text begin
142E.03, subdivision 6 new text end |
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new text begin
119B.15 new text end |
new text begin
142E.02, subdivision 9 new text end |
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new text begin
119B.16 new text end |
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142E.18 new text end |
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119B.161 new text end |
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119B.162 new text end |
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142E.20 new text end |
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119B.189 new text end |
new text begin
142E.30 new text end |
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new text begin
119B.19 new text end |
new text begin
142E.31 new text end |
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new text begin
119B.21 new text end |
new text begin
142E.32 new text end |
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new text begin
119B.24 new text end |
new text begin
142E.02, subdivision 8 new text end |
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new text begin
119B.26 new text end |
new text begin
142E.021 new text end |
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new text begin
245E.01 new text end |
new text begin
142E.50 new text end |
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new text begin
245E.02 new text end |
new text begin
142E.51 new text end |
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new text begin
245E.03 new text end |
new text begin
142E.52 new text end |
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245E.04 new text end |
new text begin
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245E.05 new text end |
new text begin
142E.54 new text end |
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new text begin
245E.06 new text end |
new text begin
142E.55 new text end |
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new text begin
245E.07 new text end |
new text begin
142E.56 new text end |
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new text begin
245E.08 new text end |
new text begin
142E.57 new text end |
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new text begin
245E.09 new text end |
new text begin
142E.58 new text end |
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new text begin
256.046, subdivision 3 new text end |
new text begin
142E.51, subdivision 5 new text end |
new text begin
(b) The revisor of statutes must correct any statutory cross-references consistent with
this renumbering.
new text end
ARTICLE 6
CHAPTER 142F; FOOD, HOUSING, COMMUNITY SUPPORT
Section 1.
Minnesota Statutes 2022, section 256D.64, subdivision 1, is amended to read:
Subdivision 1.
Program established.
The Minnesota food assistance program is
established to provide food assistance to legal noncitizens residing in this state who are
ineligible to participate in the federal Supplemental Nutrition Assistance Program (SNAP)
solely due to the provisions of section 402 or 403 of Public Law 104-193, as authorized by
Title VII of the 1997 Emergency Supplemental Appropriations Act, Public Law 105-18,
and as amended by Public Law 105-185.
deleted text begin Beginning July 1, 2003,deleted text end The Minnesota food assistance program is limited to those
noncitizens described in this subdivision who are 50 years of age or older.
Sec. 2.
Minnesota Statutes 2022, section 256D.64, subdivision 3, is amended to read:
Subd. 3.
Program administration.
(a) The rules for the Minnesota food assistance
program shall follow exactly the regulations for the federal SNAP, except for the provisions
pertaining to immigration status under section 402 or 403 of Public Law 104-193.
(b) The county agency shall use the income, budgeting, and benefit allotment regulations
of the federal SNAP to calculate an eligible recipient's monthly Minnesota food assistance
program benefit. deleted text begin Until September 30, 1998, eligible recipients under this subdivision shall
receive the average per person SNAP benefit issuance in Minnesota in the fiscal year ending
June 30, 1997. Beginning October 1, 1998,deleted text end Eligible recipients shall receive the same level
of benefits as those provided by the federal SNAP to similarly situated citizen recipients.
The monthly Minnesota food assistance program benefits shall not exceed an amount equal
to the amount of federal SNAP benefits the household would receive if all members of the
household were eligible for the federal SNAP benefits.
(c) Minnesota food assistance program benefits must be disregarded as income in all
programs that do not count SNAP benefits as income.
(d) The county agency must redetermine a Minnesota food assistance program recipient's
eligibility for the federal SNAP when the agency receives information that the recipient's
legal immigration status has changed in such a way that would make the recipient potentially
eligible for the federal SNAP.
deleted text begin
(e) Until October 1, 1998, the commissioner may provide benefits under this section in
cash.
deleted text end
Sec. 3.
Minnesota Statutes 2023 Supplement, section 256D.65, subdivision 1, is amended
to read:
Subdivision 1.
SNAP outreach program.
The commissioner of deleted text begin human servicesdeleted text end new text begin children,
youth, and familiesnew text end shall implement a Supplemental Nutrition Assistance Program (SNAP)
outreach program to inform low-income households about the availability, eligibility
requirements, application procedures, and benefits of SNAP that meets the requirements of
the United States Department of Agriculture.
Sec. 4. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes must renumber each section of Minnesota Statutes in Column
A with the number in Column B.
new text end
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new text begin
Column A new text end |
new text begin
Column B new text end |
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new text begin
245.771 new text end |
new text begin
142F.05 new text end |
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new text begin
256D.60 new text end |
new text begin
142F.10 new text end |
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256D.61 new text end |
new text begin
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142F.20 new text end |
new text begin
(b) The revisor of statutes must correct any statutory cross-references consistent with
this renumbering.
new text end
ARTICLE 7
CHAPTER 142G; MINNESOTA FAMILY INVESTMENT PROGRAM
Section 1.
Minnesota Statutes 2022, section 256J.01, subdivision 2, is amended to read:
Subd. 2.
Implementation of temporary assistance for needy families (TANF).
The
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law
104-193, eliminates the entitlement program of aid to families with dependent children
(AFDC) and replaces it with block grants to states for temporary assistance for needy families
(TANF). TANF provides cash assistance for a limited time to families with children and to
pregnant women. Minnesota's TANF assistance will be provided through a statewide
expansion of MFIP. The modifications specified in this chapter are necessary to comply
with the new federal law and to improve MFIP. Eligible applicants and recipients of AFDC,
family general assistance, and the Supplemental Nutrition Assistance Program (SNAP)
benefits will be converted to the MFIP program. deleted text begin Effective January 1, 1998,deleted text end Any new
application received for family cash assistance will be processed under the rules of this
chapter. deleted text begin Case maintenance conversion for existing AFDC and FGA cases to MFIP-S as
described in this chapter will begin January 1, 1998, and continue through March 31, 1998.
deleted text end
Sec. 2.
Minnesota Statutes 2022, section 256J.021, is amended to read:
256J.021 SEPARATE STATE PROGRAM FOR USE OF STATE MONEY.
(a) Families receiving assistance under this section shall comply with all applicable
requirements in this chapter.
(b) deleted text begin Beginning October 1, 2006,deleted text end The commissioner deleted text begin of human servicesdeleted text end must treat MFIP
expenditures made to or on behalf of any minor child under section 256J.02, subdivision
2, clause (1), who is part of a two-parent household, as expenditures under a separately
funded state program. These expenditures shall not count toward the state's maintenance of
effort (MOE) requirements under the federal Temporary Assistance to Needy Families
(TANF) program.
(c) deleted text begin Beginning February 1, 2008,deleted text end The commissioner deleted text begin of human servicesdeleted text end shall treat MFIP
expenditures made to or on behalf of any minor child who is part of a household that meets
criteria in section 256J.575, subdivision 3, as expenditures under a separately funded state
program under section 256J.575, subdivision 8.
Sec. 3.
Minnesota Statutes 2022, section 256J.08, subdivision 32, is amended to read:
Subd. 32.
Fair hearing or hearing.
"Fair hearing" or "hearing" means the evidentiary
hearing conducted by the department deleted text begin human servicesdeleted text end new text begin of children, youth, and familiesnew text end judge
to resolve disputes as specified in section 256J.40, or if not applicable, section 256.045.
Sec. 4.
Minnesota Statutes 2022, section 256J.09, is amended by adding a subdivision to
read:
new text begin Subd. 11. new text end
new text begin Domestic violence informational brochure. new text end
new text begin
(a) The commissioner shall
provide a domestic violence informational brochure that provides information about the
existence of domestic violence waivers to all MFIP applicants. The brochure must explain
that eligible applicants may be temporarily waived from certain program requirements due
to domestic violence. The brochure must provide information about services and other
programs to help victims of domestic violence.
new text end
new text begin
(b) The brochure must be funded with TANF funds.
new text end
Sec. 5.
Minnesota Statutes 2023 Supplement, section 256J.35, is amended to read:
256J.35 AMOUNT OF ASSISTANCE PAYMENT.
Except as provided in paragraphs (a) to (e), the amount of an assistance payment is equal
to the difference between the MFIP standard of need or the Minnesota family wage level
in section 256J.24 and countable income.
(a) deleted text begin Beginning July 1, 2015,deleted text end MFIP assistance units are eligible for an MFIP housing
assistance grant of $110 per month, unless:
(1) the housing assistance unit is currently receiving public and assisted rental subsidies
provided through the Department of Housing and Urban Development (HUD) and is subject
to section 256J.37, subdivision 3a; or
(2) the assistance unit is a child-only case under section 256J.88.
(b) On October 1 of each year, the commissioner shall adjust the MFIP housing assistance
grant in paragraph (a) for inflation based on the CPI-U for the prior calendar year.
(c) When MFIP eligibility exists for the month of application, the amount of the assistance
payment for the month of application must be prorated from the date of application or the
date all other eligibility factors are met for that applicant, whichever is later. This provision
applies when an applicant loses at least one day of MFIP eligibility.
(d) MFIP overpayments to an assistance unit must be recouped according to section
256P.08, subdivision 6.
(e) An initial assistance payment must not be made to an applicant who is not eligible
on the date payment is made.
Sec. 6.
Minnesota Statutes 2022, section 256J.351, is amended to read:
256J.351 HOUSING ASSISTANCE GRANTS; FORECASTED PROGRAM.
deleted text begin Beginning July 1, 2015,deleted text end Housing assistance grants under section 256J.35, paragraph (a),
must be a forecasted program and the commissioner, with the approval of the commissioner
of management and budget, may transfer unencumbered appropriation balances within fiscal
years of each biennium with other forecasted programs of the department deleted text begin of Human Servicesdeleted text end .
The commissioner shall inform the chairs and ranking minority members of the deleted text begin senate
Health and Human Services Finance Division and the house of representatives Health and
Human Services Finance committeedeleted text end new text begin house of representatives and senate committees and
divisions with primary jurisdiction over the housing assistance grantsnew text end quarterly about transfers
made under this provision.
Sec. 7.
Minnesota Statutes 2023 Supplement, section 256J.37, subdivision 3a, is amended
to read:
Subd. 3a.
Rental subsidies; unearned income.
(a) deleted text begin Effective July 1, 2003,deleted text end The agency
shall count $50 of the value of public and assisted rental subsidies provided through the
Department of Housing and Urban Development (HUD) as unearned income to the cash
portion of the MFIP grant. The full amount of the subsidy must be counted as unearned
income when the subsidy is less than $50. The income from this subsidy shall be budgeted
according to section 256P.09.
(b) The provisions of this subdivision shall not apply to an MFIP assistance unit which
includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury, or incapacity that has been
certified by a qualified professional when the illness, injury, or incapacity is expected to
continue for more than 30 days and severely limits the person's ability to obtain or maintain
suitable employment; or
(3) a caregiver whose presence in the home is required due to the illness or incapacity
of another member in the assistance unit, a relative in the household, or a foster child in the
household when the illness or incapacity and the need for the participant's presence in the
home has been certified by a qualified professional and is expected to continue for more
than 30 days.
(c) The provisions of this subdivision shall not apply to an MFIP assistance unit where
the parental caregiver is an SSI participant.
Sec. 8.
Minnesota Statutes 2022, section 256J.395, subdivision 1, is amended to read:
Subdivision 1.
Vendor payment.
(a) deleted text begin Effective July 1, 1997,deleted text end When a county is required
to provide assistance to a participant in vendor form for shelter costs and utilities under this
chapter or chapter 256D, the cost of utilities for a given family may be assumed to be:
(1) the average of the actual monthly cost of utilities for that family for the prior 12
months at the family's current residence, if applicable;
(2) the monthly plan amount, if any, set by the local utilities for that family at the family's
current residence; or
(3) the estimated monthly utility costs for the dwelling in which the family currently
resides.
(b) For purposes of this section, "utility" means any of the following: municipal water
and sewer service; electric, gas, or heating fuel service; or wood, if that is the heating source.
(c) In any instance where a vendor payment for rent is directed to a landlord not legally
entitled to the payment, the county social services agency shall immediately institute
proceedings to collect the amount of the vendored rent payment, which shall be considered
a debt under section 270A.03, subdivision 5.
Sec. 9.
Minnesota Statutes 2023 Supplement, section 256J.40, is amended to read:
256J.40 FAIR HEARINGS.
Caregivers receiving a notice of intent to sanction or a notice of adverse action that
includes a sanction, reduction in benefits, suspension of benefits, denial of benefits, or
termination of benefits may request a fair hearing. A request for a fair hearing must be
submitted in writing to the county agency or to the commissioner and must be mailed within
30 days after a participant or former participant receives written notice of the agency's action
or within 90 days when a participant or former participant shows good cause for not
submitting the request within 30 days. A former participant who receives a notice of adverse
action due to an overpayment may appeal the adverse action according to the requirements
in this section. Issues that may be appealed are:
(1) the amount of the assistance payment;
(2) a suspension, reduction, denial, or termination of assistance;
(3) the basis for an overpayment, the calculated amount of an overpayment, and the level
of recoupment;
(4) the eligibility for an assistance payment; and
(5) the use of protective or vendor payments under section 256J.39, subdivision 2, clauses
(1) to (3).
A county agency must not reduce, suspend, or terminate payment when an aggrieved
participant requests a fair hearing prior to the effective date of the adverse action or within
ten days of the mailing of the notice of adverse action, whichever is later, unless the
participant requests in writing not to receive continued assistance pending a hearing decision.
Assistance issued pending a fair hearing is subject to recovery under section 256P.08 when
as a result of the fair hearing decision the participant is determined ineligible for assistance
or the amount of the assistance received. A county agency may increase or reduce an
assistance payment while an appeal is pending when the circumstances of the participant
change and are not related to the issue on appeal. The commissioner's order is binding on
a county agency. No additional notice is required to enforce the commissioner's order.
A county agency shall reimburse appellants for reasonable and necessary expenses of
attendance at the hearing, such as child care and transportation costs and for the transportation
expenses of the appellant's witnesses and representatives to and from the hearing. Reasonable
and necessary expenses do not include legal fees. Fair hearings must be conducted at a
reasonable time and date by an impartial deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end judge
employed by the department. The hearing may be conducted by telephone or at a site that
is readily accessible to persons with disabilities.
The appellant may introduce new or additional evidence relevant to the issues on appeal.
Recommendations of the deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end judge and decisions
of the commissioner must be based on evidence in the hearing record and are not limited
to a review of the county agency action.
Sec. 10.
Minnesota Statutes 2022, section 256J.425, subdivision 8, is amended to read:
Subd. 8.
County extension request.
A county may make a request to the commissioner
deleted text begin of human servicesdeleted text end , and the commissioner may grant, an extension for a category of
participants that are not extended under this section, provided the new category of participants
is consistent with the existing extension policy in which an extension is provided to
participants whose MFIP requirements conflict with other statutory requirements or
obligations. By January 15 of each year, the commissioner must report to the chairs and
ranking minority members of the senate and house of representatives committees having
jurisdiction over deleted text begin health and human servicesdeleted text end new text begin children, youth, and familiesnew text end the extensions
that were granted under this section during the previous calendar year. The legislature must
act in order for the extensions to continue. If the legislature fails to act by the end of the
legislative session in which the extensions were reported, the extensions granted under this
section during the previous calendar year expire on June 30 of that year.
Sec. 11.
Minnesota Statutes 2022, section 256J.645, subdivision 1, is amended to read:
Subdivision 1.
Authorization to enter into agreements.
deleted text begin Effective July 1, 1997,deleted text end The
commissioner may enter into agreements with federally recognized Indian tribes with a
reservation in the state to provide MFIP employment services to members of the Indian
tribe and to other caregivers who are a part of the tribal member's MFIP assistance unit. For
purposes of this section, "Indian tribe" means a tribe, band, nation, or other federally
recognized group or community of Indians. The commissioner may also enter into an
agreement with a consortium of Indian tribes providing the governing body of each Indian
tribe in the consortium complies with the provisions of this section.
Sec. 12. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must renumber sections or subdivisions in Column A as Column
B.
new text end
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new text begin
Column A new text end |
new text begin
Column B new text end |
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new text begin
256.935 new text end |
new text begin
142G.95 new text end |
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256J.01 new text end |
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142G.01 new text end |
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256J.02 new text end |
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256J.021 new text end |
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142G.04 new text end |
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256J.06 new text end |
new text begin
142G.01, subdivision 6 new text end |
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256J.08 new text end |
new text begin
142G.02 new text end |
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256J.09 new text end |
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new text begin
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256J.88 new text end |
new text begin
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new text begin
256J.95 new text end |
new text begin
142G.90 new text end |
new text begin
The revisor of statutes must correct any statutory cross-references consistent with this
renumbering.
new text end
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 256J.01, subdivision 5; and 256J.78, subdivision 3,
new text end
new text begin
are repealed.
new text end
ARTICLE 8
MISCELLANEOUS
Section 1.
Minnesota Statutes 2022, section 13.46, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in this section:
(a) "Individual" means an individual according to section 13.02, subdivision 8, but does
not include a vendor of services.
(b) "Program" includes all programs for which authority is vested in a component of the
welfare system according to statute or federal law, including, but not limited to, Native
American Tribe programs that provide a service component of the welfare system, the aid
to families with dependent children program formerly codified in sections 256.72 to 256.87,
Minnesota family investment program, deleted text begin temporary assistance for needy families program,deleted text end
medical assistance, general assistance, general assistance medical care formerly codified in
chapter 256D, child care assistance program, and child support collections.
(c) "Welfare system" includes the Department of Human Servicesdeleted text begin ,deleted text end new text begin ; the Department of
Children, Youth, and Families;new text end local social services agenciesdeleted text begin ,deleted text end new text begin ;new text end county welfare agenciesdeleted text begin ,deleted text end new text begin ;new text end
county public health agenciesdeleted text begin ,deleted text end new text begin ;new text end county veteran services agenciesdeleted text begin ,deleted text end new text begin ;new text end county housing agenciesdeleted text begin ,deleted text end new text begin ;new text end
private licensing agenciesdeleted text begin ,deleted text end new text begin ;new text end the public authority responsible for child support enforcementdeleted text begin ,deleted text end new text begin ;new text end
human services boardsdeleted text begin ,deleted text end new text begin ;new text end community mental health center boards, state hospitals, state nursing
homes, the ombudsman for mental health and developmental disabilitiesdeleted text begin ,deleted text end new text begin ;new text end Native American
Tribes to the extent a Tribe provides a service component of the welfare systemdeleted text begin ,deleted text end new text begin ;new text end and persons,
agencies, institutions, organizations, and other entities under contract to any of the above
agencies to the extent specified in the contract.
(d) "Mental health data" means data on individual clients and patients of community
mental health centers, established under section 245.62, mental health divisions of counties
and other providers under contract to deliver mental health services, or the ombudsman for
mental health and developmental disabilities.
(e) "Fugitive felon" means a person who has been convicted of a felony and who has
escaped from confinement or violated the terms of probation or parole for that offense.
(f) "Private licensing agency" means an agency licensed by the commissioner of deleted text begin human
servicesdeleted text end new text begin children, youth, and familiesnew text end under chapter deleted text begin 245Adeleted text end new text begin 142Bnew text end to perform the duties under
section deleted text begin 245A.16deleted text end new text begin 142B.30new text end .
Sec. 2.
Minnesota Statutes 2023 Supplement, section 13.46, subdivision 2, is amended to
read:
Subd. 2.
General.
(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access to the private data;
(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
administration of a program;
(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the same program;
(8) to the Department of Revenue to assess parental contribution amounts for purposes
of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs
and to identify individuals who may benefit from these programs, and prepare the databases
for reports required under section 270C.13 and Laws 2008, chapter 366, article 17, section
6. The following information may be disclosed under this paragraph: an individual's and
their dependent's names, dates of birth, Social Security or individual taxpayer identification
numbers, income, addresses, and other data as required, upon request by the Department
of Revenue. Disclosures by the commissioner of revenue to the commissioner of human
services for the purposes described in this clause are governed by section 270B.14,
subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
care credit under section 290.067, the Minnesota working family credit under section
290.0671, the property tax refund under section 290A.04, and the Minnesota education
credit under section 290.0674;
(9) between the Department of Human Servicesdeleted text begin ,deleted text end new text begin ;new text end the Department of Employment and
Economic Developmentdeleted text begin ,deleted text end new text begin ; the Department of Children, Youth, and Families;new text end andnew text begin ,new text end when
applicable, the Department of Education, for the following purposes:
(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;
(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;
(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of Supplemental
Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, medical programs under chapter
256B or 256Ldeleted text begin , or a medical program formerly codified under chapter deleted text end deleted text begin 256Ddeleted text end ; and
(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;
(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;
(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant Social Security or individual taxpayer identification numbers and names
collected by the telephone assistance program may be disclosed to the Department of
Revenue to conduct an electronic data match with the property tax refund database to
determine eligibility under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed under state or federal law;
(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and
(iii) the request is made in writing and in the proper exercise of those duties;
(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;
(17) information obtained from a SNAP applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act, according
to Code of Federal Regulations, title 7, section 272.1(c);
(18) the address, Social Security or individual taxpayer identification number, and, if
available, photograph of any member of a household receiving SNAP benefits shall be made
available, on request, to a local, state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
(B) is violating a condition of probation or parole imposed under state or federal law;
or
(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the officer's official duties; and
(iii) the request is made in writing and in the proper exercise of the officer's official duty;
(19) the current address of a recipient of Minnesota family investment program, general
assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;
(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;
(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7;
(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;
(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;
(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;
(26) to personnel of public assistance programs as defined in section 256.741, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Servicesnew text begin ; Children, Youth, and Families;new text end and
Education, on recipients and former recipients of SNAP benefits, cash assistance under
chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, medical
programs under chapter 256B or 256L, or a medical program formerly codified under chapter
256D;
(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human
Servicesdeleted text begin ,deleted text end new text begin ; Department of Children, Youth, and Families;new text end Department of Revenue under
section 270B.14, subdivision 1, paragraphs (a) and (b), without regard to the limitation of
use in paragraph (c)deleted text begin ,deleted text end new text begin ;new text end Department of Healthdeleted text begin ,deleted text end new text begin ;new text end Department of Employment and Economic
Developmentdeleted text begin ,deleted text end new text begin ;new text end and other state agencies as is reasonably necessary to perform these functions;
(29) counties and the Department of deleted text begin Human Servicesdeleted text end new text begin Children, Youth, and Familiesnew text end
operating child care assistance programs under chapter 119B may disseminate data on
program participants, applicants, and providers to the commissioner of education;
(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law;
(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services;
(32) to the chief administrative officer of a school to coordinate services for a student
and family; data that may be disclosed under this clause are limited to name, date of birth,
gender, and address;
(33) to county correctional agencies to the extent necessary to coordinate services and
diversion programs; data that may be disclosed under this clause are limited to name, client
demographics, program, case status, and county worker information; or
(34) between the Department of Human Services and the Metropolitan Council for the
following purposes:
(i) to coordinate special transportation service provided under section 473.386 with
services for people with disabilities and elderly individuals funded by or through the
Department of Human Services; and
(ii) to provide for reimbursement of special transportation service provided under section
473.386.
The data that may be shared under this clause are limited to the individual's first, last, and
middle names; date of birth; residential address; and program eligibility status with expiration
date for the purposes of informing the other party of program eligibility.
(b) Information on persons who have been treated for deleted text begin drug or alcohol abusedeleted text end new text begin substance
use disordernew text end may only be disclosed according to the requirements of Code of Federal
Regulations, title 42, sections 2.1 to 2.67.
(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 7, clause (a) or (b).
(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will be deemed to be made in writing if
made through a computer interface system.
Sec. 3.
Minnesota Statutes 2022, section 13.46, subdivision 3, is amended to read:
Subd. 3.
Investigative data.
(a) Data on persons, including data on vendors of services,
licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
system in an investigation, authorized by statute, and relating to the enforcement of rules
or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
shall not be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to statute or valid court order;
(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense;
(4) to an agent of the welfare system or an investigator acting on behalf of a county,
state, or federal government, including a law enforcement officer or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding, unless the
commissioner of human services new text begin or commissioner of children, youth, and families new text end determines
that disclosure may compromise a Department of Human Services new text begin or Department of Children,
Youth, and Families new text end ongoing investigation; or
(5) to provide notices required or permitted by statute.
The data referred to in this subdivision shall be classified as public data upon submission
to an administrative law judge or court in an administrative or judicial proceeding. Inactive
welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
(b) Notwithstanding any other provision in law, the commissioner of human services
shall provide all active and inactive investigative data, including the name of the reporter
of alleged maltreatment under section 626.557 or chapter 260E, to the ombudsman for
mental health and developmental disabilities upon the request of the ombudsman.
(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
by the commissioner of human services of possible overpayments of public funds to a service
provider or recipient may be disclosed if the commissioner determines that it will not
compromise the investigation.
Sec. 4.
Minnesota Statutes 2023 Supplement, section 13.46, subdivision 4, is amended to
read:
Subd. 4.
Licensing data.
(a) As used in this subdivision:
(1) "licensing data" are all data collected, maintained, used, or disseminated by the
welfare system pertaining to persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under the authority of the
commissioner of human services;
(2) "client" means a person who is receiving services from a licensee or from an applicant
for licensure; and
(3) "personal and personal financial data" are Social Security numbers, identity of and
letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.
(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license
holders, and former licensees are public: name, address, telephone number of licensees,
date of receipt of a completed application, dates of licensure, licensed capacity, type of
client preferred, variances granted, record of training and education in child care and child
development, type of dwelling, name and relationship of other family members, previous
license history, class of license, the existence and status of complaints, and the number of
serious injuries to or deaths of individuals in the licensed program as reported to the
commissioner of human servicesdeleted text begin ,deleted text end new text begin ; the commissioner of children, youth, and families;new text end the
local social services agencydeleted text begin ,deleted text end new text begin ;new text end or any other county welfare agency. For purposes of this
clause, a serious injury is one that is treated by a physician.
(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,
an order of license suspension, an order of temporary immediate suspension, an order of
license revocation, an order of license denial, or an order of conditional license has been
issued, or a complaint is resolved, the following data on current and former licensees and
applicants are public: the general nature of the complaint or allegations leading to the
temporary immediate suspension; the substance and investigative findings of the licensing
or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence
of settlement negotiations; the record of informal resolution of a licensing violation; orders
of hearing; findings of fact; conclusions of law; specifications of the final correction order,
fine, suspension, temporary immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; whether a fine has been paid; and the status of
any appeal of these actions.
(iii) When a license denial under sectionnew text begin 142A.15 ornew text end 245A.05 or a sanction under sectionnew text begin
142B.18 ornew text end 245A.07 is based on a determination that a license holder, applicant, or controlling
individual is responsible for maltreatment under section 626.557 or chapter 260E, the identity
of the applicant, license holder, or controlling individual as the individual responsible for
maltreatment is public data at the time of the issuance of the license denial or sanction.
(iv) When a license denial under sectionnew text begin 142A.15 ornew text end 245A.05 or a sanction under sectionnew text begin
142B.18 ornew text end 245A.07 is based on a determination that a license holder, applicant, or controlling
individual is disqualified under chapter 245C, the identity of the license holder, applicant,
or controlling individual as the disqualified individual is public data at the time of the
issuance of the licensing sanction or denial. If the applicant, license holder, or controlling
individual requests reconsideration of the disqualification and the disqualification is affirmed,
the reason for the disqualification and the reason to not set aside the disqualification are
private data.
(v) A correction order or fine issued to a child care provider for a licensing violation is
private data on individuals under section 13.02, subdivision 12, or nonpublic data under
section 13.02, subdivision 9, if the correction order or fine is seven years old or older.
(2) For applicants who withdraw their application prior to licensure or denial of a license,
the following data are public: the name of the applicant, the city and county in which the
applicant was seeking licensure, the dates of the commissioner's receipt of the initial
application and completed application, the type of license sought, and the date of withdrawal
of the application.
(3) For applicants who are denied a license, the following data are public: the name and
address of the applicant, the city and county in which the applicant was seeking licensure,
the dates of the commissioner's receipt of the initial application and completed application,
the type of license sought, the date of denial of the application, the nature of the basis for
the denial, the existence of settlement negotiations, the record of informal resolution of a
denial, orders of hearings, findings of fact, conclusions of law, specifications of the final
order of denial, and the status of any appeal of the denial.
(4) When maltreatment is substantiated under section 626.557 or chapter 260E and the
victim and the substantiated perpetrator are affiliated with a program licensed under chapter
new text begin 142B or new text end 245Adeleted text begin ,deleted text end new text begin ;new text end the commissioner of human servicesdeleted text begin ,deleted text end new text begin ; commissioner of children, youth,
and families;new text end local social services agencydeleted text begin ,deleted text end new text begin ;new text end or county welfare agency may inform the license
holder where the maltreatment occurred of the identity of the substantiated perpetrator and
the victim.
(5) Notwithstanding clause (1), for child foster care, only the name of the license holder
and the status of the license are public if the county attorney has requested that data otherwise
classified as public data under clause (1) be considered private data based on the best interests
of a child in placement in a licensed program.
(c) The following are private data on individuals under section 13.02, subdivision 12,
or nonpublic data under section 13.02, subdivision 9: personal and personal financial data
on family day care program and family foster care program applicants and licensees and
their family members who provide services under the license.
(d) The following are private data on individuals: the identity of persons who have made
reports concerning licensees or applicants that appear in inactive investigative data, and the
records of clients or employees of the licensee or applicant for licensure whose records are
received by the licensing agency for purposes of review or in anticipation of a contested
matter. The names of reporters of complaints or alleged violations of licensing standards
under chaptersnew text begin 142B,new text end 245A, 245B, 245C, and 245D, and applicable rules and alleged
maltreatment under section 626.557 and chapter 260E, are confidential data and may be
disclosed only as provided in section 260E.21, subdivision 4; 260E.35; or 626.557,
subdivision 12b.
(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this
subdivision become public data if submitted to a court or administrative law judge as part
of a disciplinary proceeding in which there is a public hearing concerning a license which
has been suspended, immediately suspended, revoked, or denied.
(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.
(g) Data that are not public data collected, maintained, used, or disseminated under this
subdivision that relate to or are derived from a report as defined in section 260E.03, or
626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35,
subdivision 6, and 626.557, subdivision 12b.
(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.557 or chapter 260E may be exchanged with the Department of
Health for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant to
section 241.021.
(i) Data on individuals collected according to licensing activities under chaptersnew text begin 142B,new text end
245Anew text begin ,new text end and 245C, data on individuals collected by the commissioner of human services
according to investigations under section 626.557 and chaptersnew text begin 142B,new text end 245A, 245B, 245C,
245D, and 260E may be shared with the Department of Human Rights, the Department of
Health, the Department of Corrections, the ombudsman for mental health and developmental
disabilities, and the individual's professional regulatory board when there is reason to believe
that laws or standards under the jurisdiction of those agencies may have been violated or
the information may otherwise be relevant to the board's regulatory jurisdiction. Background
study data on an individual who is the subject of a background study under chapter 245C
for a licensed service for which the commissioner of human servicesnew text begin or children, youth,
and familiesnew text end is the license holder may be shared with the commissioner and the
commissioner's delegate by the licensing division. Unless otherwise specified in this chapter,
the identity of a reporter of alleged maltreatment or licensing violations may not be disclosed.
(j) In addition to the notice of determinations required under sections 260E.24,
subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the
commissioner new text begin of children, youth, and families new text end or the local social services agency has
determined that an individual is a substantiated perpetrator of maltreatment of a child based
on sexual abuse, as defined in section 260E.03, and the commissioner or local social services
agency knows that the individual is a person responsible for a child's care in another facility,
the commissioner or local social services agency shall notify the head of that facility of this
determination. The notification must include an explanation of the individual's available
appeal rights and the status of any appeal. If a notice is given under this paragraph, the
government entity making the notification shall provide a copy of the notice to the individual
who is the subject of the notice.
(k) All not public data collected, maintained, used, or disseminated under this subdivision
and subdivision 3 may be exchanged between the Department of Human Services, Licensing
Division, and the Department of Corrections for purposes of regulating services for which
the Department of Human Services and the Department of Corrections have regulatory
authority.
Sec. 5.
Minnesota Statutes 2022, section 116L.665, subdivision 2, is amended to read:
Subd. 2.
Membership.
(a) The governor's Workforce Development Board is composed
of members appointed by the governor. In selecting the representatives of the board, the
governor shall ensure that a majority of the members come from the private sector, pursuant
to United States Code, title 29, section 3111. For the public members, membership terms,
compensation of members, and removal of members are governed by section 15.059,
subdivisions 2, 3, and 4. To the extent practicable, the membership should be balanced as
to gender and ethnic diversity.
(b) No person shall serve as a member of more than one category described in paragraph
(c).
(c) Voting members shall consist of the following:
(1) the governor or the governor's designee;
(2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader of the house of representatives;
(3) two members of the senate, one appointed by the senate majority leader and one
appointed by the senate minority leader;
(4) a majority of the members must be representatives of businesses in the state appointed
by the governor who:
(i) are owners of businesses, chief executives, or operating officers of businesses, or
other business executives or employers with optimum policy-making or hiring authority
and who, in addition, may be members of a local board under United States Code, title 29,
section 3122(b)(2)(A)(i);
(ii) represent businesses, including small businesses, or organizations representing
businesses that provide employment opportunities that, at a minimum, include high-quality,
work-relevant training and development in in-demand industry sectors or occupations in
the state; and
(iii) are appointed from individuals nominated by state business organizations and
business trade associations;
(5) six representatives of labor organizations appointed by the governor, including:
(i) representatives of labor organizations who have been nominated by state labor
federations; and
(ii) a member of a labor organization or a training director from a joint labor organization;
(6) commissioners of the state agencies with primary responsibility for core programs
identified within the state plan including:
(i) the Department of Employment and Economic Development;
(ii) the Department of Education; deleted text begin and
deleted text end
(iii) the Department of Human Services;new text begin and
new text end
new text begin
(iv) the Department of Children, Youth, and Families;
new text end
(7) two chief elected officials, appointed by the governor, collectively representing cities
and counties;
(8) two representatives who are people of color or people with disabilities, appointed
by the governor, of community-based organizations that have demonstrated experience and
expertise in addressing the employment, training, or education needs of individuals with
barriers to employment; and
(9) four officials responsible for education programs in the state, appointed by the
governor, including chief executive officers of community colleges and other institutions
of higher education, including:
(i) the chancellor of the Minnesota State Colleges and Universities;
(ii) the president of the University of Minnesota;
(iii) a president from a private postsecondary school; and
(iv) a representative of career and technical education.
(d) The nonvoting members of the board shall be appointed by the governor and consist
of one of each of the following:
(1) a representative of Adult Basic Education;
(2) a representative of public libraries;
(3) a person with expertise in women's economic security;
(4) the chair or executive director of the Minnesota Workforce Council Association;
(5) the commissioner of labor and industry;
(6) the commissioner of the Office of Higher Education;
(7) the commissioner of corrections;
(8) the commissioner of management and budget;
(9) two representatives of community-based organizations who are people of color or
people with disabilities who have demonstrated experience and expertise in addressing the
employment, training, and education needs of individuals with barriers to employment;
(10) a representative of secondary, postsecondary, or career-technical education;
(11) a representative of school-based service learning;
(12) a representative of the Council on Asian-Pacific Minnesotans;
(13) a representative of the Minnesota Council on Latino Affairs;
(14) a representative of the Council for Minnesotans of African Heritage;
(15) a representative of the Minnesota Indian Affairs Council;
(16) a representative of the Minnesota State Council on Disability; and
(17) a representative of the Office on the Economic Status of Women.
(e) Each member shall be appointed for a term of three years from the first day of January
or July immediately following their appointment. Elected officials shall forfeit their
appointment if they cease to serve in elected office.
Sec. 6.
Minnesota Statutes 2022, section 116L.86, subdivision 1, is amended to read:
Subdivision 1.
Interagency agreements.
By deleted text begin October 1, 1987deleted text end new text begin January 1, 2025new text end , the
commissioner deleted text begin anddeleted text end new text begin ,new text end the commissioner of human servicesnew text begin , and the commissioner of children,
youth, and familiesnew text end shall enter into a written contract for the design, delivery, and
administration of employment and training services for applicants for or recipients of
Supplemental Nutrition Assistance Program (SNAP) benefits, the Minnesota family
investment program, and general assistance. The contract must address:
(1) specific roles and responsibilities of each department;
(2) assignment and supervision of staff for interagency activities including any necessary
interagency employee mobility agreements under the administrative procedures of the
Department of Management and Budget;
(3) mechanisms for determining the conditions under which individuals participate in
services, their rights and responsibilities while participating, and the standards by which
the services must be administered;
(4) procedures for providing technical assistance to local service units, Indian Tribes,
and employment and training service providers;
(5) access to appropriate staff for ongoing development and interpretation of policy,
rules, and program standards;
(6) procedures for reimbursing appropriate agencies for administrative expenses; and
(7) procedures for accessing available federal funds.
Sec. 7.
Minnesota Statutes 2022, section 116L.86, subdivision 3, is amended to read:
Subd. 3.
Inventory, referral, and intake services.
The commissioner of employment
and economic development, in cooperation with the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human
servicesnew text begin and children, youth, and familiesnew text end , shall develop an inventory, referral, and intake
system. The system must provide for coordinated delivery of employment and training and
income maintenance support services, efficient client referral among programs and services,
reduction of duplicate data collection, coordinated program intake by local agencies, and
effective evaluation of employment and training services. The system must, at a minimum,
include the following:
(1) a listing of all available public and private employment and training services, income
maintenance and support services, and vocationally directed education and training programs;
(2) the capability to assess client needs and match those needs with employment
opportunities, education and training programs, and employment and training and income
maintenance and support services, and to refer the client to the appropriate employer,
educational institution, or service provider;
(3) a coordinated intake procedure for employment and training services, and income
maintenance and support services;
(4) access to a statewide database for client tracking and program evaluation; and
(5) internal security measures to protect private data from unauthorized access.
In developing the system, the commissioner shall consult with the public postsecondary
educational systems, local agencies, employment and training service providers, and client
and employer representatives. The system must be available in each local agency or service
provider delivering programs administered by the commissioner of employment and
economic development or the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human servicesnew text begin and children,
youth, and familiesnew text end . Access by intake workers, state agency personnel, clients, and any other
system users to information contained in the system must conform with all applicable federal
and state data privacy requirements.
Sec. 8.
Minnesota Statutes 2023 Supplement, section 144.225, subdivision 2, is amended
to read:
Subd. 2.
Data about births.
(a) Except as otherwise provided in this subdivision, data
pertaining to the birth of a child to a woman who was not married to the child's father when
the child was conceived nor when the child was born, including the original record of birth
and the certified vital record, are confidential data. At the time of the birth of a child to a
woman who was not married to the child's father when the child was conceived nor when
the child was born, the mother may designate demographic data pertaining to the birth as
public. Notwithstanding the designation of the data as confidential, it may be disclosed:
(1) to a parent or guardian of the child;
(2) to the child when the child is 16 years of age or older, except as provided in clause
(3);
(3) to the child if the child is a homeless youth;
(4) under paragraph (b), (e), or (f); or
(5) pursuant to a court order. For purposes of this section, a subpoena does not constitute
a court order.
(b) Data pertaining to the birth of a child that are not accessible to the public become
public data if 100 years have elapsed since the birth of the child who is the subject of the
data, or as provided under section 13.10, whichever occurs first.
(c) If a child is adopted, data pertaining to the child's birth are governed by the provisions
relating to adoption and birth records, including sections 13.10, subdivision 5; 144.218,
subdivision 1; and 144.2252.
(d) The name and address of a mother under paragraph (a) and the child's date of birth
may be disclosed to the county social services, Tribal health department, or public health
member of a family services collaborative for purposes of providing services under section
124D.23.
(e) The commissioner of human services shall have access to birth records for:
deleted text begin (1)deleted text end the purposes of administering medical assistance and the MinnesotaCare program;new text begin
and
new text end
deleted text begin
(2) child support enforcement purposes; and
deleted text end
deleted text begin (3)deleted text end other public health purposes as determined by the commissioner of health.
(f) Tribal child support programs shall have access to birth records for child support
enforcement purposes.
new text begin
(g) The commissioner of children, youth, and families shall have access to birth records
for child support enforcement purposes and other public health purposes as determined by
the commissioner of health.
new text end
Sec. 9.
Minnesota Statutes 2022, section 144.225, subdivision 2b, is amended to read:
Subd. 2b.
Commissioner of health; duties.
Notwithstanding the designation of certain
of this data as confidential under subdivision 2 or private under subdivision 2a, the
commissioner shall give the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human servicesnew text begin and children,
youth, and familiesnew text end access to birth record data and data contained in recognitions of parentage
prepared according to section 257.75 necessary to enable the deleted text begin commissionerdeleted text end new text begin commissionersnew text end
of human servicesnew text begin and children, youth, and familiesnew text end to identify a child who is subject to
threatened injury, as defined in section 260E.03, subdivision 23, by a person responsible
for the child's care, as defined in section 260E.03, subdivision 17. The deleted text begin commissionerdeleted text end new text begin
commissionersnew text end shall be given access to all data included on official birth records.
Sec. 10.
Minnesota Statutes 2023 Supplement, section 245C.02, subdivision 22, is amended
to read:
Subd. 22.
Volunteer.
"Volunteer" means an individual whonew text begin :
new text end
new text begin (1)new text end provides or seeks to provide services for or through an entity without direct
compensation for services provideddeleted text begin ,deleted text end new text begin or resides in the home where services are being provided;
new text end
new text begin (2)new text end is required to be affiliated in NETStudy 2.0 with the entitydeleted text begin ,deleted text end new text begin ;new text end and
new text begin (3)new text end is subject to oversight by the entity, including but not limited to continuous, direct
supervision and immediate removal from providing direct contact services when required.
This subdivision does not apply to child care background study subjects under subdivision
6a.
Sec. 11.
Minnesota Statutes 2023 Supplement, section 245C.03, subdivision 1, is amended
to read:
Subdivision 1.
deleted text begin Licenseddeleted text end Programsnew text begin licensed by the commissionernew text end .
(a) The commissioner
shall conduct a background study on:
(1) the person or persons applying for a license;
(2) an individual age 13 and over living in the household where the licensed program
will be provided who is not receiving licensed services from the program;
(3) current or prospective employees of the applicant or license holder who will have
direct contact with persons served by the facility, agency, or program;
(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);
(5) an individual age ten to 12 living in the household where the licensed services will
be provided when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;
(6) an individual who, without providing direct contact services at a licensed program,
may have unsupervised access to children or vulnerable adults receiving services from a
program, when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;new text begin and
new text end
(7) all controlling individuals as defined in section 245A.02, subdivision 5a;
deleted text begin
(8) notwithstanding the other requirements in this subdivision, child care background
study subjects as defined in section 245C.02, subdivision 6a; and
deleted text end
deleted text begin (9)deleted text end new text begin (8)new text end notwithstanding clause (3), for children's residential facilities and foster residence
settings, any adult working in the facility, whether or not the individual will have direct
contact with persons served by the facility.
(b) For child foster care when the license holder resides in the home where foster care
services are provided, a short-term substitute caregiver providing direct contact services for
a child for less than 72 hours of continuous care is not required to receive a background
study under this chapter.
(c) This subdivision applies to the following programs that must be licensed under
chapter 245A:
(1) adult foster care;
deleted text begin
(2) child foster care;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end children's residential facilities;
deleted text begin
(4) family child care;
deleted text end
deleted text begin
(5) licensed child care centers;
deleted text end
deleted text begin (6)deleted text end new text begin (3)new text end licensed home and community-based services under chapter 245D;
deleted text begin (7)deleted text end new text begin (4)new text end residential mental health programs for adults;
deleted text begin (8)deleted text end new text begin (5)new text end substance use disorder treatment programs under chapter 245G;
deleted text begin (9)deleted text end new text begin (6)new text end withdrawal management programs under chapter 245F;
deleted text begin (10)deleted text end new text begin (7)new text end adult day care centers;
deleted text begin (11)deleted text end new text begin (8)new text end family adult day services;
deleted text begin (12)deleted text end new text begin (9)new text end detoxification programs;
deleted text begin (13)deleted text end new text begin (10)new text end community residential settings;
deleted text begin (14)deleted text end new text begin (11)new text end intensive residential treatment services and residential crisis stabilization under
chapter 245I; and
deleted text begin (15)deleted text end new text begin (12)new text end treatment programs for persons with sexual psychopathic personality or sexually
dangerous persons, licensed under chapter 245A and according to Minnesota Rules, parts
9515.3000 to 9515.3110.
Sec. 12.
Minnesota Statutes 2022, section 245C.03, is amended by adding a subdivision
to read:
new text begin Subd. 5c. new text end
new text begin
Programs licensed or regulated by the Department of Children, Youth,
and Families.
new text end
new text begin
(a) The commissioner shall conduct a background study on:
new text end
new text begin
(1) the person or persons applying for a license;
new text end
new text begin
(2) an individual age 13 and over, living in the household where the licensed program
will be provided, who is not receiving licensed services from the program;
new text end
new text begin
(3) current or prospective employees of the applicant or license holder who will have
direct contact with persons served by the facility, agency, or program;
new text end
new text begin
(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);
new text end
new text begin
(5) an individual age ten to 12 living in the household where the licensed services will
be provided when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;
new text end
new text begin
(6) an individual who, without providing direct contact services at a licensed program,
may have unsupervised access to children receiving services from a program, when the
commissioner has reasonable cause as defined in section 245C.02, subdivision 15;
new text end
new text begin
(7) all controlling individuals as defined in section 142B.01, subdivision 11; and
new text end
new text begin
(8) notwithstanding the other requirements in this subdivision, child care background
study subjects as defined in section 245C.02, subdivision 6a.
new text end
new text begin
(b) For child foster care when the license holder resides in the home where foster care
services are provided, a short-term substitute caregiver providing direct contact services for
a child for less than 72 hours of continuous care is not required to receive a background
study under this chapter.
new text end
new text begin
(c) This subdivision applies to the following programs:
new text end
new text begin
(1) a child foster care program licensed or seeking a license under chapter 142B;
new text end
new text begin
(2) a child care center licensed or seeking a license under chapter 142B;
new text end
new text begin
(3) a license-exempt child care center certified under chapter 142C;
new text end
new text begin
(4) a legal nonlicensed child care provider authorized under chapter 142E; or
new text end
new text begin
(5) a Head Start program.
new text end
Sec. 13.
Minnesota Statutes 2022, section 245C.08, subdivision 3, is amended to read:
Subd. 3.
Arrest and investigative information.
(a) For any background study completed
under this section, if the commissioner has reasonable cause to believe the information is
pertinent to the disqualification of an individual, the commissioner also may review arrest
and investigative information from:
(1) the Bureau of Criminal Apprehension;
(2) the commissioners of new text begin children, youth, and families; new text end healthnew text begin ;new text end and human services;
(3) a county attorney;
(4) a county sheriff;
(5) a county agency;
(6) a local chief of police;
(7) other states;
(8) the courts;
(9) the Federal Bureau of Investigation;
(10) the National Criminal Records Repository; and
(11) criminal records from other states.
(b) Except when specifically required by law, the commissioner is not required to conduct
more than one review of a subject's records from the Federal Bureau of Investigation if a
review of the subject's criminal history with the Federal Bureau of Investigation has already
been completed by the commissioner and there has been no break in the subject's affiliation
with the entity that initiated the background study.
(c) If the commissioner conducts a national criminal history record check when required
by law and uses the information from the national criminal history record check to make a
disqualification determination, the data obtained is private data and cannot be shared with
private agencies or prospective employers of the background study subject.
(d) If the commissioner conducts a national criminal history record check when required
by law and uses the information from the national criminal history record check to make a
disqualification determination, the license holder or entity that submitted the study is not
required to obtain a copy of the background study subject's disqualification letter under
section 245C.17, subdivision 3.
Sec. 14.
Minnesota Statutes 2022, section 245C.22, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Sharing of certain data for reconsiderations and appeals. new text end
new text begin
(a) The following
commissioners shall be responsible for conducting reconsiderations and appeals of
background studies for programs under their jurisdictions:
new text end
new text begin
(1) the commissioner of human services for programs under section 245C.03, subdivision
1;
new text end
new text begin
(2) the commissioner of health for programs under section 245C.03, subdivision 5a;
new text end
new text begin
(3) the commissioner of corrections for programs under section 245C.03, subdivision
5b; and
new text end
new text begin
(4) the commissioner of the children, youth, and families for programs under section
245C.03, subdivision 5c.
new text end
new text begin
(b) The commissioner of human services shall share all relevant background study data
to allow the commissioners specified in paragraph (a) to complete reconsiderations and
appeals for programs licensed or regulated by their agencies.
new text end
Sec. 15.
Minnesota Statutes 2022, section 245C.25, is amended to read:
245C.25 CONSOLIDATED RECONSIDERATION OF MALTREATMENT
DETERMINATION AND DISQUALIFICATION.
new text begin (a) new text end If an individual is disqualified on the basis of a determination of maltreatment under
section 626.557 or chapter 260E, which was serious or recurring, and the individual requests
reconsideration of the maltreatment determination under section 260E.33 or 626.557,
subdivision 9d, and also requests reconsideration of the disqualification under section
245C.21, the commissioner shall consolidate the reconsideration of the maltreatment
determination and the disqualification into a single reconsideration.
new text begin
(b) In cases where an individual seeks reconsideration of license denial or sanction by
the commissioners of children, youth, and families and human services based on the same
disqualification under chapter 245C or maltreatment determination under chapter 260E or
626, the individual shall send their reconsideration request to the commissioner of human
services. The commissioner of human services shall consolidate the requests pursuant to
this subdivision and review the decision of the commissioner of children, youth, and families
pursuant to chapter 142B.
new text end
Sec. 16.
Minnesota Statutes 2022, section 256.741, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) The term "direct support" as used in this chapter and
chapters new text begin 142A, new text end 257, 518, deleted text begin 518A,deleted text end and 518C refers to an assigned support payment from an
obligor which is paid directly to a recipient of public assistance.
(b) The term "public assistance" as used in this chapter and chapters new text begin 142A, new text end 257, 518,
deleted text begin 518A,deleted text end and 518C, includes any form of assistance provided under deleted text begin the AFDC program formerly
codified in sections 256.72 to 256.87, MFIP and MFIP-R formerly codified under chapter
256,deleted text end MFIP under chapter 256Jdeleted text begin , work first program formerly codified under chapter 256Kdeleted text end ;
child care assistance provided through the child care fund under chapter 119B; any form of
medical assistance under chapter 256B; and foster care as provided under title IV-E of the
Social Security Act. MinnesotaCare and health plans subsidized by federal premium tax
credits or federal cost-sharing reductions are not considered public assistance for purposes
of a child support referral.
(c) The term "child support agency" as used in this section refers to the public authority
responsible for child support enforcement.
(d) The term "public assistance agency" as used in this section refers to a public authority
providing public assistance to an individual.
(e) The terms "child support" and "arrears" as used in this section have the meanings
provided in section 518A.26.
(f) The term "maintenance" as used in this section has the meaning provided in section
518.003.
Sec. 17.
Minnesota Statutes 2022, section 256.741, subdivision 2, is amended to read:
Subd. 2.
Assignment of support and maintenance rights.
(a) An individual receiving
public assistance in the form of assistance under deleted text begin any of the following programs: the AFDC
program formerly codified in sections 256.72 to 256.87,deleted text end MFIP under chapter 256Jdeleted text begin , MFIP-R
and MFIP formerly codified under chapter 256, or work first program formerly codified
under chapter 256Kdeleted text end is considered to have assigned to the state at the time of application all
rights to child support and maintenance from any other person the applicant or recipient
may have in the individual's own behalf or in the behalf of any other family member for
whom application for public assistance is made. An assistance unit is ineligible for the
Minnesota family investment program unless the caregiver assigns all rights to child support
and maintenance benefits according to this section.
(1) The assignment is effective as to any current child support and current maintenance.
(2) Any child support or maintenance arrears that accrue while an individual is receiving
public assistance in the form of assistance under any of the programs listed in this paragraph
are permanently assigned to the state.
(3) The assignment of current child support and current maintenance ends on the date
the individual ceases to receive or is no longer eligible to receive public assistance under
any of the programs listed in this paragraph.
(b) An individual receiving public assistance in the form of medical assistance is
considered to have assigned to the state at the time of application all rights to medical support
from any other person the individual may have in the individual's own behalf or in the behalf
of any other family member for whom medical assistance is provided.
(1) An assignment deleted text begin made after September 30, 1997,deleted text end is effective as to any medical support
accruing after the date of medical assistance eligibility.
(2) Any medical support arrears that accrue while an individual is receiving public
assistance in the form of medical assistance are permanently assigned to the state.
(3) The assignment of current medical support ends on the date the individual ceases to
receive or is no longer eligible to receive public assistance in the form of medical assistance.
(c) An individual receiving public assistance in the form of child care assistance under
the child care fund pursuant to chapter 119B is considered to have assigned to the state at
the time of application all rights to child care support from any other person the individual
may have in the individual's own behalf or in the behalf of any other family member for
whom child care assistance is provided.
(1) The assignment is effective as to any current child care support.
(2) Any child care support arrears that accrue while an individual is receiving public
assistance in the form of child care assistance under the child care fund in chapter 119B are
permanently assigned to the state.
(3) The assignment of current child care support ends on the date the individual ceases
to receive or is no longer eligible to receive public assistance in the form of child care
assistance under the child care fund under chapter 119B.
Sec. 18.
Minnesota Statutes 2022, section 256.741, subdivision 12a, is amended to read:
Subd. 12a.
Appeals of good cause determinations.
According to section deleted text begin 256.045deleted text end new text begin
142A.20new text end , an individual may appeal the determination or redetermination of good cause
under this section. To initiate an appeal of a good cause determination or redetermination,
the individual must make a request for a state agency hearing in writing within 30 calendar
days after the date that a notice of denial for good cause is mailed or otherwise transmitted
to the individual. Until a deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end judge issues a decision
under section deleted text begin 256.0451, subdivision 22deleted text end new text begin 142A.21, subdivision 22new text end , the child support agency
shall cease all child support enforcement efforts and shall not report the individual's
noncooperation to public assistance agencies.
Sec. 19.
Minnesota Statutes 2022, section 256.87, subdivision 1, is amended to read:
Subdivision 1.
Actions against parents for assistance furnished.
A parent of a child
is liable for the amount of public assistance, as defined in section 256.741, furnished to and
for the benefit of the child, including any assistance furnished for the benefit of the caretaker
of the child, which the parent has had the ability to pay. Ability to pay must be determined
according to new text begin this new text end chapter deleted text begin 518Adeleted text end . The parent's liability is limited to the two years immediately
preceding the commencement of the action, except that where child support has been
previously ordered, the state or county agency providing the assistance, as assignee of the
obligee, shall be entitled to judgments for child support payments accruing within ten years
preceding the date of the commencement of the action up to the full amount of assistance
furnished. The action may be ordered by the state agency or county agency and shall be
brought in the name of the county or in the name of the state agency against the parent for
the recovery of the amount of assistance granted, together with the costs and disbursements
of the action.
Sec. 20.
Minnesota Statutes 2022, section 256.87, subdivision 1a, is amended to read:
Subd. 1a.
Continuing support contributions.
In addition to granting the county or state
agency a money judgment, the court may, upon a motion or order to show cause, order
continuing support contributions by a parent found able to reimburse the county or state
agency. The order shall be effective for the period of time during which the recipient receives
public assistance from any county or state agency and thereafter. The order shall require
support according to new text begin this new text end chapter deleted text begin 518Adeleted text end and include the names and Social Security numbers
of the father, mother, and the child or children. An order for continuing contributions is
reinstated without further hearing upon notice to the parent by any county or state agency
that public assistance, as defined in section 256.741, is again being provided for the child
of the parent. The notice shall be in writing and shall indicate that the parent may request
a hearing for modification of the amount of support or maintenance.
Sec. 21.
Minnesota Statutes 2022, section 256.87, subdivision 5, is amended to read:
Subd. 5.
Child not receiving assistance.
A person or entity having physical custody of
a dependent child not receiving public assistance as defined in section 256.741 has a cause
of action for child support against the child's noncustodial parents. Upon a motion served
on the noncustodial parent, the court shall order child support payments, including medical
support and child care support, from the noncustodial parent under new text begin this new text end chapter deleted text begin 518Adeleted text end . A
noncustodial parent's liability may include up to the two years immediately preceding the
commencement of the action. This subdivision applies only if the person or entity has
physical custody with the consent of a custodial parent or approval of the court.
Sec. 22.
Minnesota Statutes 2022, section 256P.04, subdivision 13, is amended to read:
Subd. 13.
Notice to undocumented persons; release of private data.
Agencies, in
consultation with the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human servicesnew text begin and children, youth,
and familiesnew text end , shall provide notification to undocumented persons regarding the release of
personal data to the United States Citizenship and Immigration Services and develop
protocols regarding the release or sharing of data about undocumented persons with the
United States Citizenship and Immigration Services as required under sections 404, 411A,
and 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
Sec. 23.
Minnesota Statutes 2022, section 260.92, subdivision 1, is amended to read:
Subdivision 1.
Home study.
The state must have procedures for the orderly and timely
interstate placement of children that are implemented in accordance with an interstate
compact deleted text begin and that,deleted text end new text begin .new text end Within 60 days after the state receives from another state a request to
conduct a study of a home environment for purposes of assessing the safety and suitability
of placing a child in the home, the state shall, directly or by contract, conduct and complete
a home study and return to the other state a report on the results of the study, which shall
address the extent to which placement in the home would meet the needs of the childdeleted text begin ; except
in the case of a home study begun before October 1, 2008,deleted text end new text begin .new text end If the state fails to comply with
conducting and completing the home study within the 60-day period and this is as a result
of circumstances beyond the control of the state, the state has 75 days to comply if the state
documents the circumstances involved and certifies that completing the home study is in
the best interests of the child.
This subdivision does not require the completion within the applicable period of the
parts of the home study involving the education and training of the prospective foster or
adoptive parents.
Sec. 24.
Minnesota Statutes 2022, section 260C.178, subdivision 1, is amended to read:
Subdivision 1.
Hearing and release requirements.
(a) If a child was taken into custody
under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a
hearing within 72 hours of the time that the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continue to be in
custody.
(b) Unless there is reason to believe that the child would endanger self or others or not
return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian, or
other suitable person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.
(c) If the court determines that there is reason to believe that the child would endanger
self or others or not return for a court hearing, or that the child's health or welfare would be
immediately endangered if returned to the care of the parent or guardian who has custody
and from whom the child was removed, the court shall order the child:
(1) into the care of the child's noncustodial parent and order the noncustodial parent to
comply with any conditions that the court determines appropriate to ensure the safety and
care of the child, including requiring the noncustodial parent to cooperate with paternity
establishment proceedings if the noncustodial parent has not been adjudicated the child's
father; or
(2) into foster care as defined in section 260C.007, subdivision 18, under the legal
responsibility of the responsible social services agency or responsible probation or corrections
agency for the purposes of protective care as that term is used in the juvenile court rules.
The court shall not give the responsible social services legal custody and order a trial home
visit at any time prior to adjudication and disposition under section 260C.201, subdivision
1, paragraph (a), clause (3), but may order the child returned to the care of the parent or
guardian who has custody and from whom the child was removed and order the parent or
guardian to comply with any conditions the court determines to be appropriate to meet the
safety, health, and welfare of the child.
(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator of
domestic child abuse.
(e) The court, before determining whether a child should be placed in or continue in
foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1912(d), were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent placement when
the agency establishes either:
(1) that the agency has actually provided services or made efforts in an attempt to prevent
the child's removal but that such services or efforts have not proven sufficient to permit the
child to safely remain in the home; or
(2) that there are no services or other efforts that could be made at the time of the hearing
that could safely permit the child to remain home or to return home. The court shall not
make a reasonable efforts determination under this clause unless the court is satisfied that
the agency has sufficiently demonstrated to the court that there were no services or other
efforts that the agency was able to provide at the time of the hearing enabling the child to
safely remain home or to safely return home. When reasonable efforts to prevent placement
are required and there are services or other efforts that could be ordered that would permit
the child to safely return home, the court shall order the child returned to the care of the
parent or guardian and the services or efforts put in place to ensure the child's safety. When
the court makes a prima facie determination that one of the circumstances under paragraph
(g) exists, the court shall determine that reasonable efforts to prevent placement and to
return the child to the care of the parent or guardian are not required.
(f) If the court finds the social services agency's preventive or reunification efforts have
not been reasonable but 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.
(g) The court may not order or continue the foster care placement of the child unless the
court makes explicit, individualized findings that continued custody of the child by the
parent or guardian would be contrary to the welfare of the child and that placement is in the
best interest of the child.
(h) At the emergency removal hearing, or at any time during the course of the proceeding,
and upon notice and request of the county attorney, the court shall determine whether a
petition has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;
(2) the parental rights of the parent to another child have been involuntarily terminated;
(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);
(4) the parents' custodial rights to another child have been involuntarily transferred to a
relative under deleted text begin Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e),
clause (1); section 260C.515, subdivision 4;deleted text end new text begin a juvenile protection proceedingnew text end or a similar
deleted text begin lawdeleted text end new text begin processnew text end of another jurisdiction;
(5) the parent has committed sexual abuse as defined in section 260E.03, against the
child or another child of the parent;
(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or
(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable.
(i) When a petition to terminate parental rights is required under section 260C.301,
subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
proceed with a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section 260C.507, the
court shall schedule a permanency hearing within 30 days of the filing of the petition.
(j) If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section 260C.503, subdivision 2, paragraph (c).
(k) If the court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency regarding the
child's father or relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the responsible social
services agency for the purpose of complying with sections 260C.150, 260C.151, 260C.212,
260C.215, 260C.219, and 260C.221.
(l) If a child ordered into foster care has siblings, whether full, half, or step, who are
also ordered into foster care, the court shall inquire of the responsible social services agency
of the efforts to place the children together as required by section 260C.212, subdivision 2,
paragraph (d), if placement together is in each child's best interests, unless a child is in
placement for treatment or a child is placed with a previously noncustodial parent who is
not a parent to all siblings. If the children are not placed together at the time of the hearing,
the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place
the siblings together, as required under section 260.012. If any sibling is not placed with
another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing
contact among the siblings as required under section 260C.212, subdivision 1, unless it is
contrary to the safety or well-being of any of the siblings to do so.
(m) When the court has ordered the child into the care of a noncustodial parent or in
foster care, the court may order a chemical dependency evaluation, mental health evaluation,
medical examination, and parenting assessment for the parent as necessary to support the
development of a plan for reunification required under subdivision 7 and section 260C.212,
subdivision 1, or the child protective services plan under section 260E.26, and Minnesota
Rules, part 9560.0228.
Sec. 25.
Minnesota Statutes 2022, 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, the court 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, the
father 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 the father's home; and
(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 making a foster care placement of a child
whose custody has been transferred under this subdivision, the agency shall make an
individualized determination of how the placement is in the child's best interests using the
placement consideration order for relatives and the best interest factors in section 260C.212,
subdivision 2, and may include a child colocated with a parent in a licensed residential
family-based substance use disorder treatment program under section 260C.190; or
(3) order a trial home visit without modifying the transfer of legal custody to the
responsible social services agency under clause (2). Trial home visit means the child is
returned to the care of the parent or guardian from whom the child was removed for a period
not to exceed six months. During the period of the trial home visit, the responsible social
services agency:
(i) shall continue to have legal custody of the child, which means that the agency may
see the child in the parent's home, at school, in a child care facility, or other setting as the
agency deems necessary and appropriate;
(ii) shall continue to have the ability to access information under section 260C.208;
(iii) shall continue to provide appropriate services to both the parent and the child during
the period of the trial home visit;
(iv) without previous court order or authorization, may terminate the trial home visit in
order to protect the child's health, safety, or welfare and may remove the child to foster care;
(v) shall advise the court and parties within three days of the termination of the trial
home visit when a visit is terminated by the responsible social services agency without a
court order; and
(vi) shall prepare a report for the court when the trial home visit is terminated whether
by the agency or court order that describes the child's circumstances during the trial home
visit and recommends appropriate orders, if any, for the court to enter to provide for the
child's safety and stability. In the event a trial home visit is terminated by the agency by
removing the child to foster care without prior court order or authorization, the court shall
conduct a hearing within ten days of receiving notice of the termination of the trial home
visit by the agency and shall order disposition under this subdivision or commence
permanency proceedings under sections 260C.503 to 260C.515. The time period for the
hearing may be extended by the court for good cause shown and if it is in the best interests
of the child as long as the total time the child spends in foster care without a permanency
hearing does not exceed 12 months;
(4) 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 or emotional disturbance as defined in section 245.4871, subdivision 15, 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
(5) 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;
(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 or 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 childdeleted text begin ,deleted text end as defined in deleted text begin Laws 1997,
chapter deleted text end deleted text begin 239deleted text end deleted text begin , article 10, section 2deleted text end new text begin paragraph (f)new text end .
(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.
new text begin
(f) For the purposes of this subdivision, "alternative safe living arrangement" means a
living arrangement for a child proposed by a petitioning parent or guardian if a court excludes
the minor from the parent's or guardian's home that is separate from the victim of domestic
abuse and safe for the child respondent. A living arrangement proposed by a petitioning
parent or guardian is presumed to be an alternative safe living arrangement absent information
to the contrary presented to the court. In evaluating any proposed living arrangement, the
court shall consider whether the arrangement provides the child with necessary food, clothing,
shelter, and education in a safe environment. Any proposed living arrangement that would
place the child in the care of an adult who has been physically or sexually violent is presumed
unsafe.
new text end
Sec. 26.
Minnesota Statutes 2022, section 260C.215, subdivision 5, is amended to read:
Subd. 5.
Placement reports.
deleted text begin Beginning December 1, 1996,deleted text end The commissioner shall
provide to the Indian Affairs Council, the Minnesota Council on Latino Affairs, the Council
for Minnesotans of African Heritage, and the Council on Asian-Pacific Minnesotans the
annual report required under section 257.0725.
Sec. 27.
Minnesota Statutes 2022, section 260C.301, subdivision 1, is amended to read:
Subdivision 1.
Voluntary and involuntary.
The juvenile court may upon petition,
terminate all rights of a parent to a child:
(a) with the written consent of a parent who for good cause desires to terminate parental
rights; or
(b) if it finds that one or more of the following conditions exist:
(1) that the parent has abandoned the child;
(2) that the parent has substantially, continuously, or repeatedly refused or neglected to
comply with the duties imposed upon that parent by the parent and child relationship,
including but not limited to providing the child with necessary food, clothing, shelter,
education, and other care and control necessary for the child's physical, mental, or emotional
health and development, if the parent is physically and financially able, and either reasonable
efforts by the social services agency have failed to correct the conditions that formed the
basis of the petition or reasonable efforts would be futile and therefore unreasonable;
(3) that a parent has been ordered to contribute to the support of the child or financially
aid in the child's birth and has continuously failed to do so without good cause. This clause
shall not be construed to state a grounds for termination of parental rights of a noncustodial
parent if that parent has not been ordered to or cannot financially contribute to the support
of the child or aid in the child's birth;
(4) that a parent is palpably unfit to be a party to the parent and child relationship because
of a consistent pattern of specific conduct before the child or of specific conditions directly
relating to the parent and child relationship either of which are determined by the court to
be of a duration or nature that renders the parent unable, for the reasonably foreseeable
future, to care appropriately for the ongoing physical, mental, or emotional needs of the
child. It is presumed that a parent is palpably unfit to be a party to the parent and child
relationship upon a showing that the parent's parental rights to one or more other children
were involuntarily terminated or that the parent's custodial rights to another child have been
involuntarily transferred to a relative under deleted text begin Minnesota Statutes 2010, section 260C.201,
subdivision 11, paragraph (e), clause (1), section 260C.515, subdivision 4,deleted text end new text begin a juvenile
protection proceedingnew text end or a similar deleted text begin lawdeleted text end new text begin processnew text end of another jurisdiction;
(5) that following the child's placement out of the home, reasonable efforts, under the
direction of the court, have failed to correct the conditions leading to the child's placement.
It is presumed that reasonable efforts under this clause have failed upon a showing that:
(i) a child has resided out of the parental home under court order for a cumulative period
of 12 months within the preceding 22 months. In the case of a child under age eight at the
time the petition was filed alleging the child to be in need of protection or services, the
presumption arises when the child has resided out of the parental home under court order
for six months unless the parent has maintained regular contact with the child and the parent
is complying with the out-of-home placement plan;
(ii) the court has approved the out-of-home placement plan required under section
260C.212 and filed with the court under section 260C.178;
(iii) conditions leading to the out-of-home placement have not been corrected. It is
presumed that conditions leading to a child's out-of-home placement have not been corrected
upon a showing that the parent or parents have not substantially complied with the court's
orders and a reasonable case plan; and
(iv) reasonable efforts have been made by the social services agency to rehabilitate the
parent and reunite the family.
This clause does not prohibit the termination of parental rights prior to one year, or in
the case of a child under age eight, prior to six months after a child has been placed out of
the home.
It is also presumed that reasonable efforts have failed under this clause upon a showing
that:
(A) the parent has been diagnosed as chemically dependent by a professional certified
to make the diagnosis;
(B) the parent has been required by a case plan to participate in a chemical dependency
treatment program;
(C) the treatment programs offered to the parent were culturally, linguistically, and
clinically appropriate;
(D) the parent has either failed two or more times to successfully complete a treatment
program or has refused at two or more separate meetings with a caseworker to participate
in a treatment program; and
(E) the parent continues to abuse chemicals.
(6) that a child has experienced egregious harm in the parent's care which is of a nature,
duration, or chronicity that indicates a lack of regard for the child's well-being, such that a
reasonable person would believe it contrary to the best interest of the child or of any child
to be in the parent's care;
(7) that in the case of a child born to a mother who was not married to the child's father
when the child was conceived nor when the child was born the person is not entitled to
notice of an adoption hearing under section 259.49 and the person has not registered with
the fathers' adoption registry under section 259.52;
(8) that the child is neglected and in foster care; or
(9) that the parent has been convicted of a crime listed in section 260.012, paragraph
(g), clauses (1) to (5).
In an action involving an American Indian child, sections 260.751 to 260.835 and the
Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to
the extent that the provisions of this section are inconsistent with those laws.
Sec. 28.
Minnesota Statutes 2023 Supplement, section 260C.317, subdivision 3, is amended
to read:
Subd. 3.
Order; retention of jurisdiction.
(a) A certified copy of the findings and the
order terminating parental rights, and a summary of the court's information concerning the
child shall be furnished by the court to the commissioner or the agency to which guardianship
is transferred.
(b) The orders shall be on a document separate from the findings. The court shall furnish
the guardian a copy of the order terminating parental rights.
(c) When the court orders guardianship pursuant to this section, the guardian ad litem
and counsel for the child shall continue on the case until an adoption decree is entered. An
in-court appearance hearing must be held every 90 days following termination of parental
rights for the court to review progress toward an adoptive placement and the specific
recruitment efforts the agency has taken to find an adoptive family for the child and to
finalize the adoption or other permanency plan. Review of the progress toward adoption of
a child under guardianship of the commissioner of human services shall be conducted
according to section 260C.607.
(d) Upon terminating parental rights or upon a parent's consent to adoption under deleted text begin section
260C.515, subdivision 3,deleted text end new text begin this chapternew text end resulting in an order for guardianship to the
commissioner of human services, the court shall retain jurisdiction:
(1) until the child is adopted;
(2) through the child's minority; or
(3) as long as the child continues in or reenters foster care, until the individual becomes
21 years of age according to sections 260C.193, subdivision 6, and 260C.451.
Sec. 29.
Minnesota Statutes 2022, section 260D.02, subdivision 5, is amended to read:
Subd. 5.
Child in voluntary foster care for treatment.
"Child in voluntary foster care
for treatment" means a child deleted text begin who is emotionally disturbed or developmentally disabled or
hasdeleted text end new text begin with emotional disturbance or developmental disability, or who hasnew text end a related condition
and is in foster care under a voluntary foster care agreement between the child's parent and
the agency due to concurrence between the agency and the parent when it is determined
that foster care is medically necessary:
(1) due to a determination by the agency's screening team based on its review of the
diagnostic and functional assessment under section 245.4885; or
(2) due to a determination by the agency's screening team under section 256B.092 and
Minnesota Rules, parts 9525.0004 to 9525.0016.
A child is not in voluntary foster care for treatment under this chapter when there is a
current determination under chapter 260E that the child requires child protective services
or when the child is in foster care for any reason other than the child's emotional or
developmental disability or related condition.
Sec. 30.
Minnesota Statutes 2022, section 260D.02, subdivision 9, is amended to read:
Subd. 9.
deleted text begin Emotionally disturbed ordeleted text end Emotional disturbance.
deleted text begin "Emotionally disturbed"
ordeleted text end "Emotional disturbance" means emotional disturbance as described in section 245.4871,
subdivision 15.
Sec. 31.
Minnesota Statutes 2023 Supplement, section 260E.02, subdivision 1, is amended
to read:
Subdivision 1.
Establishment of team.
A county shall establish a multidisciplinary
child protection team that may include, but is not limited to, the director of the local welfare
agency or designees, the county attorney or designees, the county sheriff or designees,
representatives of health and education, representatives of mental health, representatives of
agencies providing specialized services or responding to youth who experience or are at
risk of experiencing sex trafficking or sexual exploitation, or other appropriate human
servicesnew text begin , children's services,new text end or community-based agencies, and parent groups. As used in
this section, a "community-based agency" may include, but is not limited to, schools, social
services agencies, family service and mental health collaboratives, children's advocacy
centers, early childhood and family education programs, Head Start, or other agencies
serving children and families. A member of the team must be designated as the lead person
of the team responsible for the planning process to develop standards for the team's activities
with battered women's and domestic abuse programs and services.
Sec. 32.
Minnesota Statutes 2022, section 260E.02, subdivision 2, is amended to read:
Subd. 2.
Duties of team.
A multidisciplinary child protection team may provide public
and professional education, develop resources for prevention, intervention, and treatment,
and provide case consultation to the local welfare agency or other interested community-based
agencies. The community-based agencies may request case consultation from the
multidisciplinary child protection team regarding a child or family for whom the
community-based agency is providing services. As used in this section, "case consultation"
means a case review process in which recommendations are made concerning services to
be provided to the identified children and family. Case consultation may be performed by
a committee or subcommittee of members representing human servicesnew text begin or children's servicesnew text end ,
including mental health and substance use disordernew text begin providersnew text end ; law enforcement, including
probation and parole; the county attorney; a children's advocacy center; health care;
education; community-based agencies and other necessary agencies; and persons directly
involved in an individual case as designated by other members performing case consultation.
Sec. 33.
Minnesota Statutes 2022, section 260E.03, subdivision 23, is amended to read:
Subd. 23.
Threatened injury.
(a) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of physical or sexual abuse or mental
injury.
(b) Threatened injury includes, but is not limited to, exposing a child to a person
responsible for the child's care, as defined in subdivision 17, who has:
(1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm under subdivision 5 or a similar law of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;
(3) committed an act that resulted in an involuntary termination of parental rights under
section 260C.301, or a similar law of another jurisdiction; or
(4) committed an act that resulted in the involuntary transfer of permanent legal and
physical custody of a child to a relative under deleted text begin Minnesota Statutes 2010, section 260C.201,
subdivision 11, paragraph (d), clause (1),deleted text end section 260C.515, subdivision 4, or a similar law
of another jurisdiction.
(c) A child is the subject of a report of threatened injury when the local welfare agency
receives birth match data under section 260E.14, subdivision 4, from the Department of
Human Services.
Sec. 34.
Minnesota Statutes 2022, section 260E.14, subdivision 1, is amended to read:
Subdivision 1.
Facilities and schools.
(a) The local welfare agency is the agency
responsible for investigating allegations of maltreatment in child foster care, family child
care, legally nonlicensed child care, and reports involving children served by an unlicensed
personal care provider organization under section 256B.0659. Copies of findings related to
personal care provider organizations under section 256B.0659 must be forwarded to the
Department of Human Services provider enrollment.
(b) The Department of Human Services is the agency responsible for screening and
investigating allegations of maltreatment in juvenile correctional facilities listed under
section 241.021 located in the local welfare agency's county and in facilities licensed or
certified under chapters 245Adeleted text begin ,deleted text end new text begin andnew text end 245Ddeleted text begin , and deleted text end deleted text begin 245Hdeleted text end deleted text begin , except for child foster care and family
child caredeleted text end .
(c) The Department of Health is the agency responsible for screening and investigating
allegations of maltreatment in facilities licensed under sections 144.50 to 144.58 and 144A.43
to 144A.482 or chapter 144H.
(d) The Department of Education is the agency responsible for screening and investigating
allegations of maltreatment in a school as defined in section 120A.05, subdivisions 9, 11,
and 13, and chapter 124E. The Department of Education's responsibility to screen and
investigate includes allegations of maltreatment involving students 18 to 21 years of age,
including students receiving special education services, up to and including graduation and
the issuance of a secondary or high school diploma.
(e) A health or corrections agency receiving a report may request the local welfare agency
to provide assistance pursuant to this section and sections 260E.20 and 260E.22.
new text begin
(f) The Department of Children, Youth, and Families is the agency responsible for
screening and investigating allegations of maltreatment in facilities or programs not listed
in paragraph (a) that are licensed or certified under chapters 142B and 142C.
new text end
Sec. 35.
Minnesota Statutes 2022, section 260E.20, subdivision 3, is amended to read:
Subd. 3.
Collection of information.
(a) The local welfare agency responsible for
conducting a family assessment or investigation shall collect available and relevant
information to determine child safety, risk of subsequent maltreatment, and family strengths
and needs and share not public information with an Indian's Tribal social services agency
without violating any law of the state that may otherwise impose a duty of confidentiality
on the local welfare agency in order to implement the Tribal state agreement.
(b) The local welfare agency or the agency responsible for investigating the report shall
collect available and relevant information to ascertain whether maltreatment occurred and
whether protective services are needed.
(c) Information collected includes, when relevant, information deleted text begin with regard todeleted text end new text begin regardingnew text end
the person reporting the alleged maltreatment, including the nature of the reporter's
relationship to the child and to the alleged offender, and the basis of the reporter's knowledge
for the report; the child allegedly being maltreated; the alleged offender; the child's caretaker;
and other collateral sources having relevant information related to the alleged maltreatment.
(d) Information relevant to the assessment or investigation must be deleted text begin asked fordeleted text end new text begin requestednew text end ,
and may include:
(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;
(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions;
(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and
(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.
(e) Nothing in this subdivision precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report from
collecting other relevant information necessary to conduct the assessment or investigation.
(f) Notwithstanding section 13.384 or 144.291 to 144.298, the local welfare agency has
access to medical data and records for purposes of paragraph (d), clause (3).
Sec. 36.
Minnesota Statutes 2022, section 260E.20, subdivision 5, is amended to read:
Subd. 5.
Law enforcement fact finding.
If the report alleges maltreatment by a person
who is not a parent, guardian, sibling, person responsible for the child's care functioning
within the family unit, or a person who lives in the child's household and who has a
significant relationship to the child, in a setting other than a facility as defined in section
260E.03, the local welfare agency may rely on the fact-finding efforts of the law enforcement
investigation to deleted text begin make a determination whether or notdeleted text end new text begin determine ifnew text end threatened injury or other
maltreatment has occurred under section 260E.03, subdivision 12, if an alleged offender
has minor children or lives with minors.
Sec. 37.
Minnesota Statutes 2022, section 260E.24, subdivision 5, is amended to read:
Subd. 5.
Notifications at conclusion of family investigation.
(a) Within ten working
days of the conclusion of an investigation, the local welfare agency or agency responsible
for investigating the report shall notify the parent or guardian of the child and the person
determined to be maltreating the child, if not the parent or guardian of the child, of the
determination and a summary of the specific reasons for the determination.
(b) The notice must include a certification that the information collection procedures
under section 260E.20 were followed and a notice of the right of a data subject to obtain
access to other private data on the subject collected, created, or maintained under this section.
(c) In addition, the notice shall include the length of time that the records will be kept
under section 260E.35, subdivision 6. The investigating agency shall notify the parent or
guardian of the child who is the subject of the report and any person determined to have
maltreated the child of their appeal or review rights under this chapter.
(d) The notice must also state that a finding of maltreatment may result in denial of a
license or certification application or background study disqualification under chapter 245C
related to employment or services that are licensed or certified by the Department of Human
Services under chapter 245A deleted text begin or 245H,deleted text end new text begin ; the Department of Children, Youth, and Families
under chapter 142B or 142C;new text end the Department of Health under chapter 144 or 144Adeleted text begin ,deleted text end new text begin ; ornew text end the
Department of Corrections under section 241.021deleted text begin ,deleted text end and from providing services related to
an unlicensed personal care provider organization under chapter 256B.
Sec. 38.
Minnesota Statutes 2022, section 260E.28, subdivision 1, is amended to read:
Subdivision 1.
Immediate investigation for alleged maltreatment in a facility.
(a)
The commissioner of human servicesdeleted text begin ,deleted text end new text begin ; children, youth, and families;new text end healthdeleted text begin ,deleted text end new text begin ;new text end or education,
whichever is responsible for investigating the report, shall immediately investigate if the
report alleges that:
(1) a child who is in the care of a facility as defined in section 260E.03 is the victim of
maltreatment in a facility by an individual in that facility or has been the victim of
maltreatment in a facility by an individual in that facility within the three years preceding
the report; or
(2) a child is the victim of maltreatment in a facility by an individual in a facility defined
in section 260E.03, subdivision 6, while in the care of that facility within the three years
preceding the report.
(b) The commissioner of the agency responsible for investigating the report shall arrange
for the transmittal to the commissioner of reports received by local agencies and may delegate
to a local welfare agency the duty to investigate reports. The commissioner of the agency
responsible for investigating the report or local welfare agency may interview any children
who are or have been in the care of a facility under investigation and the children's parents,
guardians, or legal custodians.
(c) In conducting an investigation under this section, the commissioner has the powers
and duties specified for a local welfare agency under this chapter.
Sec. 39.
Minnesota Statutes 2022, section 260E.28, subdivision 3, is amended to read:
Subd. 3.
Facility records.
The commissioner of human servicesdeleted text begin ,deleted text end new text begin ; the commissioner of
children, youth, and families;new text end the ombudsman for mental health and developmental
disabilitiesdeleted text begin ,deleted text end new text begin ;new text end the local welfare agencies responsible for investigating reportsdeleted text begin ,deleted text end new text begin ;new text end the
commissioner of educationdeleted text begin ,deleted text end new text begin ;new text end and the local law enforcement agencies have the right to enter
a facility as defined in section 260E.03 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, the commissioner of human servicesdeleted text begin ,deleted text end new text begin ; the commissioner of children, youth, and
families;new text end the ombudsman for mental health and developmental disabilitiesdeleted text begin ,deleted text end new text begin ;new text end the local welfare
agencies responsible for investigating reportsdeleted text begin ,deleted text end new text begin ;new text end the commissioner of educationdeleted text begin ,deleted text end new text begin ;new text end and the
local law enforcement agencies also have the right to inform the facility under investigation
that an investigation is being conducted, to disclose to the facility the names of the individuals
under investigation for maltreating a child, and to provide the facility with a copy of the
report and the investigative findings.
Sec. 40.
Minnesota Statutes 2022, section 260E.29, subdivision 2, is amended to read:
Subd. 2.
Notification requirements for other types of facilities.
When a report is
received that alleges maltreatment of a child while in the care of a licensed or unlicensed
day care facility, residential facility, agency, hospital, deleted text begin sanitarium,deleted text end or other facility or
institution required to be licensed or certified according to sections 144.50 to 144.58;
241.021; or 245A.01 to 245A.16; or chapter new text begin 142B, 142C, new text end 144H, new text begin or new text end 245Ddeleted text begin , or deleted text end deleted text begin 245Hdeleted text end ; or a
school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a
nonlicensed personal care provider organization as defined in section 256B.0625, subdivision
19a, the commissioner of the agency responsible for investigating the report or local welfare
agency investigating the report shall provide the following information to the parent,
guardian, or legal custodian of a child alleged to have been the victim of maltreatment in
the facility: the name of the facility; the fact that a report alleging maltreatment in the facility
has been received; the nature of the alleged maltreatment in the facility; that the agency is
conducting an investigation; any protective or corrective measures being taken pending the
outcome of the investigation; and that a written memorandum will be provided when the
investigation is completed.
Sec. 41.
Minnesota Statutes 2022, section 260E.30, subdivision 3, is amended to read:
Subd. 3.
Nonmaltreatment mistake.
(a) If paragraph (b) applies, rather than making a
determination of substantiated maltreatment by the individual, the commissioner of deleted text begin human
servicesdeleted text end new text begin children, youth, and familiesnew text end shall determine that new text begin the individual made new text end a
nonmaltreatment mistake deleted text begin was made by the individualdeleted text end .
(b) A nonmaltreatment mistake occurs when:
(1) at the time of the incident, the individual was performing duties identified in the
deleted text begin center'sdeleted text end new text begin facility'snew text end child care program plan required under Minnesota Rules, part 9503.0045;
(2) the individual has not been determined responsible for a similar incident that resulted
in a finding of maltreatment for at least seven years;
(3) the individual has not been determined to have committed a similar nonmaltreatment
mistake under this paragraph for at least four years;
(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and
(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.
(c) This subdivision only applies to child care centers licensed under Minnesota Rules,
chapter 9503.
Sec. 42.
Minnesota Statutes 2022, section 260E.30, subdivision 6, is amended to read:
Subd. 6.
Notification to parent, child, or offender following investigation.
(a) Within
ten working days of the conclusion of an investigation, the local welfare agency or agency
responsible for investigating the report of maltreatment in a facility shall notify the parent
or guardian of the child, the person determined to be maltreating the child, and the director
of the facility of the determination and a summary of the specific reasons for the
determination.
(b) When the investigation involves a child foster care setting that is monitored by a
private licensing agency under section 245A.16, the local welfare agency responsible for
investigating the report shall notify the private licensing agency of the determination and
shall provide a summary of the specific reasons for the determination. The notice to the
private licensing agency must include identifying private data, but not the identity of the
reporter of maltreatment.
(c) The notice must also include a certification that the information collection procedures
under section 260E.20, subdivision 3, were followed and a notice of the right of a data
subject to obtain access to other private data on the subject collected, created, or maintained
under this section.
(d) In addition, the notice shall include the length of time that the records will be kept
under section 260E.35, subdivision 6.
(e) The investigating agency shall notify the parent or guardian of the child who is the
subject of the report and any person or facility determined to have maltreated a child of
their appeal or review rights under this section.
(f) The notice must also state that a finding of maltreatment may result in denial of a
license or certification application or background study disqualification under chapter 245C
related to employment or services that are licensed by the Department of Human Services
under chapter 245A deleted text begin or deleted text end deleted text begin 245Hdeleted text end deleted text begin ,deleted text end new text begin ; the Department of Children, Youth, and Families under
chapter 142B or 142C;new text end the Department of Health under chapter 144 or 144Adeleted text begin ,deleted text end new text begin ; ornew text end the
Department of Corrections under section 241.021deleted text begin ,deleted text end and from providing services related to
an unlicensed personal care provider organization under chapter 256B.
Sec. 43.
Minnesota Statutes 2022, section 260E.32, subdivision 3, is amended to read:
Subd. 3.
Report to Department of Health.
Physicians shall report to the Department
of Health the results of tests performed under subdivisions 1 and 2. A report shall be made
on the certificate of live birth medical supplement or the report of fetal death medical
supplement deleted text begin filed on or after February 1, 1991deleted text end . The reports are medical data under section
13.384.
Sec. 44.
Minnesota Statutes 2022, section 260E.33, subdivision 2, is amended to read:
Subd. 2.
Request for reconsideration.
(a) Except as provided under subdivision 5, an
individual or facility that the commissioner of human servicesdeleted text begin ,deleted text end new text begin ; commissioner of children,
youth, and families;new text end a local welfare agencydeleted text begin ,deleted text end new text begin ;new text end or the commissioner of education determines
has maltreated a child, an interested person acting on behalf of the child, regardless of the
determination, who contests the investigating agency's final determination regarding
maltreatment may request the investigating agency to reconsider its final determination
regarding maltreatment. The request for reconsideration must be submitted in writing to the
investigating agency within 15 calendar days after receipt of notice of the final determination
regarding maltreatment or, if the request is made by an interested person who is not entitled
to notice, within 15 days after receipt of the notice by the parent or guardian of the child.
If mailed, the request for reconsideration must be postmarked and sent to the investigating
agency within 15 calendar days of the individual's or facility's receipt of the final
determination. If the request for reconsideration is made by personal service, it must be
received by the investigating agency within 15 calendar days after the individual's or facility's
receipt of the final determination.
(b) An individual who was determined to have maltreated a child under this chapter and
who was disqualified on the basis of serious or recurring maltreatment under sections
245C.14 and 245C.15 may request reconsideration of the maltreatment determination and
the disqualification. The request for reconsideration of the maltreatment determination and
the disqualification must be submitted within 30 calendar days of the individual's receipt
of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request
for reconsideration of the maltreatment determination and the disqualification must be
postmarked and sent to the investigating agency within 30 calendar days of the individual's
receipt of the maltreatment determination and notice of disqualification. If the request for
reconsideration is made by personal service, it must be received by the investigating agency
within 30 calendar days after the individual's receipt of the notice of disqualification.
Sec. 45.
Minnesota Statutes 2022, section 260E.33, subdivision 3, is amended to read:
Subd. 3.
Request for fair hearing.
(a) Except as provided under subdivisions 5 and 6,
if the investigating agency denies the request or fails to act upon the request within 15
working days after receiving the request for reconsideration, the person or facility entitled
to a fair hearing under section new text begin 142A.20 or new text end 256.045 may submit to the commissioner of
human servicesnew text begin ; the commissioner of children, youth, and families;new text end or the commissioner of
education a written request for a hearing under section new text begin 142A.20 or new text end 256.045. Section 256.045
also governs hearings requested to contest a final determination of the commissioner of
education. new text begin Section 142A.20 governs hearings requested to contest a final determination of
the commissioner of children, youth, and families. new text end The investigating agency shall notify
persons who request reconsideration of their rights under this paragraph. The hearings
specified under this section are the only administrative appeal of a decision issued under
subdivision 2. Determinations under this section are not subject to accuracy and completeness
challenges under section 13.04.
(b) Except as provided under subdivision 6, if an individual or facility contests the
investigating agency's final determination regarding maltreatment by requesting a fair
hearing under section new text begin 142A.20 or new text end 256.045, the commissioner of human services new text begin or children,
youth, and families new text end shall ensure that the hearing is conducted and a decision is reached
within 90 days of receipt of the request for a hearing. The time for action on the decision
may be extended for as many days as the hearing is postponed or the record is held open
for the benefit of either party.
Sec. 46.
Minnesota Statutes 2022, section 260E.33, subdivision 5, is amended to read:
Subd. 5.
Consolidation.
If an individual was disqualified under sections 245C.14 and
245C.15 on the basis of a determination of maltreatment which was serious or recurring,
and the individual requested reconsideration of the maltreatment determination under
subdivision 2 and requested reconsideration of the disqualification under sections 245C.21
to 245C.27, reconsideration of the maltreatment determination and reconsideration of the
disqualification shall be consolidated into a single fair hearing. If reconsideration of the
maltreatment determination is denied and the individual remains disqualified following a
reconsideration decision, the individual may request a fair hearing under section new text begin 142A.20
or new text end 256.045. If an individual requests a fair hearing on the maltreatment determination and
the disqualification, the scope of the fair hearing shall include both the maltreatment
determination and the disqualification.
Sec. 47.
Minnesota Statutes 2022, section 260E.34, is amended to read:
260E.34 IMMUNITY.
(a) The following persons are immune from any civil or criminal liability that otherwise
might result from the person's actions if the person is acting in good faith:
(1) a person making a voluntary or mandated report under this chapter or assisting in an
assessment under this chapter;
(2) a person with responsibility for performing duties under this section or supervisor
employed by a local welfare agency, the commissioner of an agency responsible for operating
or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed or certified under sections
144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter deleted text begin 245Bdeleted text end deleted text begin or deleted text end deleted text begin 245Hdeleted text end new text begin 142B or 142Cnew text end ;
or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or
a nonlicensed personal care provider organization as defined in section 256B.0625,
subdivision 19a, complying with sections 260E.23, subdivisions 2 and 3, and 260E.30; and
(3) a public or private school, facility as defined in section 260E.03, or the employee of
any public or private school or facility who permits access by a local welfare agency, the
Department of Education, or a local law enforcement agency and assists in an investigation
or assessment pursuant to this chapter.
(b) A person who is a supervisor or person with responsibility for performing duties
under this chapter employed by a local welfare agencydeleted text begin ,deleted text end new text begin ;new text end the commissioner of human servicesdeleted text begin ,deleted text end new text begin ;
the commissioner of children, youth, and families;new text end or the commissioner of education
complying with this chapter or any related rule or provision of law is immune from any
civil or criminal liability that might otherwise result from the person's actions if the person
is (1) acting in good faith and exercising due care, or (2) acting in good faith and following
the information collection procedures established under section 260E.20, subdivision 3.
(c) Any physician or other medical personnel administering a toxicology test under
section 260E.32 to determine the presence of a controlled substance in a pregnant woman,
in a woman within eight hours after delivery, or in a child at birth or during the first month
of life is immune from civil or criminal liability arising from administration of the test if
the physician ordering the test believes in good faith that the test is required under this
section and the test is administered in accordance with an established protocol and reasonable
medical practice.
(d) This section does not provide immunity to any person for failure to make a required
report or for committing maltreatment.
(e) If a person who makes a voluntary or mandatory report under section 260E.06 prevails
in a civil action from which the person has been granted immunity under this section, the
court may award the person attorney fees and costs.
Sec. 48.
Minnesota Statutes 2022, section 260E.35, subdivision 3, is amended to read:
Subd. 3.
Classification and release of data.
(a) A written copy of a report maintained
by personnel of agencies, other than welfare or law enforcement agencies, which are subject
to chapter 13 shall be confidential. An individual subject of the report may obtain access
to the original report as provided by paragraphs (g) to (o).
(b) All reports and records created, collected, or maintained under this chapter by a local
welfare agency or law enforcement agency may be disclosed to a local welfare or other
child welfare agency of another state when the agency certifies that:
(1) the reports and records are necessary to conduct an investigation of actions that would
qualify as maltreatment under this chapter; and
(2) the reports and records will be used only for purposes of a child protection assessment
or investigation and will not be further disclosed to any other person or agency.
(c) The local deleted text begin social servicesdeleted text end new text begin welfarenew text end agency or law enforcement agency in this state shall
keep a record of all records or reports disclosed pursuant to this subdivision and of any
agency to which the records or reports are disclosed. If, in any case, records or reports are
disclosed before a determination is made under section 260E.24, subdivision 3, paragraph
(a), or a disposition of a criminal proceeding is reached, the local deleted text begin social servicesdeleted text end new text begin welfarenew text end
agency or law enforcement agency in this state shall forward the determination or disposition
to any agency that has received a report or record under this subdivision.
(d) The responsible authority of a local welfare agency or the responsible authority's
designee may release private or confidential data on an active case involving assessment
or investigation of actions that are defined as maltreatment under this chapter to a court
services agency if:
(1) the court services agency has an active case involving a common client who is the
subject of the data; and
(2) the data are necessary for the court services agency to effectively process the court
services agency's case, including investigating or performing other duties relating to the
case required by law.
(e) The data disclosed under paragraph (d) may be used only for purposes of the active
court services case described in paragraph (d), clause (1), and may not be further disclosed
to any other person or agency, except as authorized by law.
(f) Records maintained under subdivision 4, paragraph (b), may be shared with another
local welfare agency that requests the information because it is conducting an assessment
or investigation under this section of the subject of the records.
(g) Except as provided in paragraphs (b), (h), (i), (o), and (p); subdivision 1; and sections
260E.22, subdivision 2; and 260E.23, all records concerning individuals maintained by a
local welfare agency or agency responsible for assessing or investigating the report under
this chapter, including any written reports filed under sections 260E.06 and 260E.09, shall
be private data on individuals, except insofar as copies of reports are required by section
260E.12, subdivision 1 or 2, to be sent to the local police department or the county sheriff.
(h) All records concerning determinations of maltreatment by a facility are nonpublic
data as maintained by the Department of Education, except insofar as copies of reports are
required by section 260E.12, subdivision 1 or 2, to be sent to the local police department
or the county sheriff.
(i) Reports maintained by any police department or the county sheriff shall be private
data on individuals, except the reports shall be made available to the investigating, petitioning,
or prosecuting authority, including a county medical examiner or county coroner.
(j) Section 13.82, subdivisions 8, 9, and 14, apply to law enforcement data other than
the reports.
(k) The local welfare agency or agency responsible for assessing or investigating the
report shall make available to the investigating, petitioning, or prosecuting authority,
including a county medical examiner or county coroner or a professional delegate, any
records that contain information relating to a specific incident of maltreatment that is under
investigation, petition, or prosecution and information relating to any prior incident of
maltreatment involving any of the same persons. The records shall be collected and
maintained according to chapter 13.
(l) An individual subject of a record shall have access to the record according to those
sections, except that the name of the reporter shall be confidential while the report is under
assessment or investigation except as otherwise permitted by this section.
(m) Any person conducting an investigation or assessment under this section who
intentionally discloses the identity of a reporter before the completion of the investigation
or assessment is guilty of a misdemeanor. After the assessment or investigation is completed,
the name of the reporter shall be confidential. The subject of the report may compel disclosure
of the name of the reporter only with the consent of the reporter or upon a written finding
by the court that the report was false and that there is evidence that the report was made in
bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure.
(n) Upon request of the legislative auditor, data on individuals maintained under this
chapter must be released to the legislative auditor in order for the auditor to fulfill the
auditor's duties under section 3.971. The auditor shall maintain the data according to chapter
13.
(o) Active law enforcement investigative data received by a local welfare agency or
agency responsible for assessing or investigating the report under this chapter are confidential
data on individuals. When this data become inactive in the law enforcement agency, the
data are private data on individuals.
(p) Section 13.03, subdivision 4, applies to data received by the commissioner of
education from a licensing entity.
Sec. 49.
Minnesota Statutes 2022, section 260E.36, subdivision 4, is amended to read:
Subd. 4.
Joint training.
The commissioners of deleted text begin human servicesdeleted text end new text begin children, youth, and
familiesnew text end and public safety shall cooperate in deleted text begin the development ofdeleted text end new text begin developing and maintainingnew text end
a joint program for training child maltreatment services professionals in the appropriate
techniques for child maltreatment assessment and investigation. The program shall include
but need not be limited to the following areas:
(1) the public policy goals of the state as set forth in section 260C.001 and the role of
the assessment or investigation in meeting these goals;
(2) the special duties of child protection workers and law enforcement officers under
this chapter;
(3) the appropriate methods for directing and managing affiliated professionals who
may be utilized in providing protective services and strengthening family ties;
(4) the appropriate methods for interviewing alleged victims of child maltreatment and
other children in the course of performing an assessment or an investigation;
(5) the dynamics of child maltreatment within family systems and the appropriate methods
for interviewing parents in the course of the assessment or investigation, including training
in recognizing cases in which one of the parents is a victim of domestic abuse and in need
of special legal or medical services;
(6) the legal, evidentiary considerations that may be relevant to the conduct of an
assessment or an investigation;
(7) the circumstances under which it is appropriate to remove the alleged offender or
the alleged victim from the home;
(8) the protective social services that are available to protect alleged victims from further
maltreatment, to prevent child maltreatment and domestic abuse, and to preserve the family
unit; and training in the preparation of case plans to coordinate services for the alleged child
victim with services for any parents who are victims of domestic abuse;
(9) the methods by which child protection workers and law enforcement workers
cooperate in conducting assessments and investigations in order to avoid duplication of
efforts; and
(10) appropriate methods for interviewing alleged victims and conducting investigations
in cases where the alleged victim is developmentally, physically, or mentally disabled.
Sec. 50.
Minnesota Statutes 2022, section 393.07, subdivision 1, is amended to read:
Subdivision 1.
Public child welfare program.
(a) To assist in carrying out the child
protection, delinquency prevention and family assistance responsibilities of the state, the
local social services agency shall administer a program of social services and financial
assistance to be known as the public child welfare program. The public child welfare program
shall be supervised by the commissioner of deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end
and administered by the local social services agency in accordance with law and with rules
of the commissioner.
(b) The purpose of the public child welfare program is to assure protection for and
financial assistance to children who are confronted with social, physical, or emotional
problems requiring protection and assistance. These problems include, but are not limited
to the following:
(1) mental, emotional, or physical disability;
(2) birth of a child to a mother who was not married to the child's father when the child
was conceived nor when the child was born, including but not limited to costs of prenatal
care, confinement and other care necessary for the protection of a child born to a mother
who was not married to the child's father at the time of the child's conception nor at the
birth;
(3) dependency, neglect;
(4) delinquency;
(5) abuse or rejection of a child by its parents;
(6) absence of a parent or guardian able and willing to provide needed care and
supervision;
(7) need of parents for assistance with child rearing problems, or in placing the child in
foster care.
(c) A local social services agency shall make the services of its public child welfare
program available as required by law, by the commissioner, or by the courts and shall
cooperate with other agencies, public or private, dealing with the problems of children and
their parents as provided in this subdivision.
(d) A local social services agency may rent, lease, or purchase property, or in any other
way approved by the commissioner, contract with individuals or agencies to provide needed
facilities for foster care of children. It may purchase services or child care from duly
authorized individuals, agencies or institutions when in its judgment the needs of a child or
the child's family can best be met in this way.
Sec. 51.
Minnesota Statutes 2022, section 393.07, subdivision 2, is amended to read:
Subd. 2.
Administration of public welfare.
The local social services agency, subject
to the supervision of the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human servicesnew text begin and children,
youth, and familiesnew text end , shall administer all forms of public welfare, both for children and adults,
responsibility for which now or hereafter may be imposed on the deleted text begin commissionerdeleted text end new text begin
commissionersnew text end of human services new text begin and children, youth, and families new text end by law, including general
assistance, aid to dependent children, county supplementation, if any, or state aid to recipients
of Supplemental Security Income for aged, blind and disabled, child welfare services, mental
health services, and other public assistance or public welfare services, provided that the
local social services agency shall not employ public health nursing or home health service
personnel other than homemaker-home help aides, but shall contract for or purchase the
necessary services from existing community agencies. The duties of the local social services
agency shall be performed in accordance with the standards and rules which may be
promulgated by the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human services new text begin and children, youth,
and families new text end to achieve the purposes intended by law and in order to comply with the
requirements of the federal Social Security Act in respect to public assistance and child
welfare services, so that the state may qualify for grants-in-aid available under that act. To
avoid administrative penalties under section 256.017, the local social services agency must
comply with (1) policies established by state law and (2) instructions from the commissioner
relating (i) to public assistance program policies consistent with federal law and regulation
and state law and rule and (ii) to local agency program operations. The commissioner may
enforce local social services agency compliance with the instructions, and may delay,
withhold, or deny payment of all or part of the state and federal share of benefits and federal
administrative reimbursement, according to the provisions under section 256.017. The local
social services agency shall supervise wards of the commissioner and, when so designated,
act as agent of the commissioner of human services new text begin or children, youth, and families new text end in the
placement of the commissioner's wards in adoptive homes or in other foster care facilities.
The local social services agency shall cooperate as needed when the commissioner new text begin of
children, youth, and families new text end contracts with a licensed child placement agency for adoption
services for a child under the deleted text begin commissioner'sdeleted text end guardianshipnew text begin of the commissioner of children,
youth, and familiesnew text end . The local social services agency may contract with a bank or other
financial institution to provide services associated with the processing of public assistance
checks and pay a service fee for these services, provided the fee charged does not exceed
the fee charged to other customers of the institution for similar services.
Sec. 52.
Minnesota Statutes 2022, section 393.07, subdivision 3, is amended to read:
Subd. 3.
Federal Social Security.
The local social services agency shall be charged
with the duties of administration of all forms of public assistance and public child welfare
or other programs within the purview of the federal Social Security Act, other than public
health nursing and home health services, and which now are, or hereafter may be, imposed
on the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human services new text begin and children, youth, and families
new text end by law, of both children and adults. The duties of such local social services agency shall be
performed in accordance with the standards and rules which may be promulgated by the
deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human servicesnew text begin and children, youth, and familiesnew text end in order
to achieve the purposes of the law and to comply with the requirements of the federal Social
Security Act needed to qualify the state to obtain grants-in-aid available under that act.
Notwithstanding the provisions of any other law to the contrary, the welfare board shall
delegate to the director the authority to determine eligibility and disburse funds without
first securing board action, provided that the director shall present to the board, at the next
scheduled meeting, any such action taken for ratification by the board.
Sec. 53.
Minnesota Statutes 2022, section 393.07, subdivision 4, is amended to read:
Subd. 4.
Rules.
The deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human services new text begin and children, youth,
and families new text end shall be the authority to adopt and enforce rules concerning the use and
publication of lists of public assistance recipients and governing the custody, use, and
preservation of public assistance, mental health or child welfare records, files, and
communications. The deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human services new text begin and children, youth,
and families new text end shall adopt such rules as may be necessary to comply with the requirements
of the federal Social Security Act; but in any event shall provide for the annual publication
of a summary financial statement giving total expenditures for each of the several programs
of public assistance; and shall make all finance records available for such examinations and
audits as are required by law. No use or publication of the lists, records, files, and
communications herein referred to shall be made until such rules are adopted, and then only
in the manner and form therein provided. All other laws, or parts of laws, now in effect
inconsistent with the provisions of this chapter are hereby repealed, superseded, modified,
or amended so far as necessary to conform to and give full force and effect to the provisions
of this chapter. The provisions of this chapter will not be construed to apply to poor relief
or direct relief given solely in behalf of adult persons.
Sec. 54.
Minnesota Statutes 2022, section 393.07, subdivision 5, is amended to read:
Subd. 5.
Compliance with Social Security Act; merit system.
The deleted text begin commissionerdeleted text end new text begin
commissionersnew text end of human services new text begin and children, youth, and families new text end shall have authority to
require such methods of administration as are necessary for compliance with requirements
of the federal Social Security Act, as amended, and for the proper and efficient operation
of all welfare programs. This authority to require methods of administration includes methods
relating to the establishment and maintenance of personnel standards on a merit basis as
concerns all employees of local social services agencies except those employed in an
institution, sanitarium, or hospital. The deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human services
new text begin and children, youth, and families new text end shall exercise no authority with respect to the selection,
tenure of office, and compensation of any individual employed in accordance with such
methods. The adoption of methods relating to the establishment and maintenance of personnel
standards on a merit basis of all such employees of the local social services agencies and
the examination thereof, and the administration thereof shall be directed and controlled
exclusively by the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human servicesnew text begin and children, youth,
and familiesnew text end .
Notwithstanding the provisions of any other law to the contrary, every employee of
every local social services agency who occupies a position which requires as prerequisite
to eligibility therefor graduation from an accredited four-year college or a certificate of
registration as a registered nurse under section 148.231, must be employed in such position
under the merit system established under authority of this subdivision. Every such employee
now employed by a local social services agency and who is not under said merit system is
transferred, as of January 1, 1962, to a position of comparable classification in the merit
system with the same status therein as the employee had in the county of employment prior
thereto and every such employee shall be subject to and have the benefit of the merit system,
including seniority within the local social services agency, as though the employee had
served thereunder from the date of entry into the service of the local social services agency.
Sec. 55.
Minnesota Statutes 2022, section 393.07, subdivision 7, is amended to read:
Subd. 7.
Volunteer programs.
In accordance with procedures established by the
deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human servicesnew text begin and children, youth, and familiesnew text end , the local
social services agencies may establish volunteer service programs. Persons who participate
in these programs may be reimbursed for expenses incurred in performing assigned duties.
For purposes of this section, a volunteer worker shall not receive compensation for services
rendered but shall be entitled to workers' compensation coverage as provided for in section
176.011, subdivision 9.
Sec. 56.
Minnesota Statutes 2022, section 393.07, subdivision 8, is amended to read:
Subd. 8.
Citizens advisory committee.
In accordance with procedures established by
the deleted text begin commissionerdeleted text end new text begin commissionersnew text end of human servicesnew text begin and children, youth, and familiesnew text end , local
social services agencies may appoint citizen advisory committees to consult with the agency
on any of the programs or services administered by the agency. Within the limits of the
appropriation provided, the agency may authorize the reimbursement of committee members
for expenses incurred in the performance of their duties.
Sec. 57.
Minnesota Statutes 2022, section 393.07, subdivision 10, is amended to read:
Subd. 10.
SNAP; Maternal and Child Nutrition Act.
(a) The local social services
agency shall establish and administer the Supplemental Nutrition Assistance Program
(SNAP) according to rules of the commissioner of deleted text begin human servicesdeleted text end new text begin children, youth, and
familiesnew text end , the supervision of the commissioner as specified in section 256.01, and all federal
laws and regulations. The commissioner of deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end
shall monitor SNAP delivery on an ongoing basis to ensure that each county complies with
federal laws and regulations. Program requirements to be monitored include, but are not
limited to, number of applications, number of approvals, number of cases pending, length
of time required to process each application and deliver benefits, number of applicants
eligible for expedited issuance, length of time required to process and deliver expedited
issuance, number of terminations and reasons for terminations, client profiles by age,
household composition and income level and sources, and the use of phone certification
and home visits. The commissioner shall determine the county-by-county and statewide
participation rate.
(b) On July 1 of each year, the commissioner of deleted text begin human servicesdeleted text end new text begin children, youth, and
familiesnew text end shall determine a statewide and county-by-county SNAP participation rate. The
commissioner may designate a different agency to administer the SNAP in a county if the
agency administering the program fails to increase the SNAP participation rate among
families or eligible individuals, or comply with all federal laws and regulations governing
the SNAP. The commissioner shall review agency performance annually to determine
compliance with this paragraph.
(c) A person who commits any of the following acts has violated section 256.98 or
609.821, or both, and is subject to both the criminal and civil penalties provided under those
sections:
(1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a
willful statement or misrepresentation, or intentional concealment of a material fact, SNAP
benefits or vouchers issued according to sections 145.891 to 145.897 to which the person
is not entitled or in an amount greater than that to which that person is entitled or which
specify nutritional supplements to which that person is not entitled; or
(2) presents or causes to be presented, coupons or vouchers issued according to sections
145.891 to 145.897 for payment or redemption knowing them to have been received,
transferred or used in a manner contrary to existing state or federal law; or
(3) willfully uses, possesses, or transfers SNAP benefits, authorization to purchase cards
or vouchers issued according to sections 145.891 to 145.897 in any manner contrary to
existing state or federal law, rules, or regulations; or
(4) buys or sells SNAP benefits, authorization to purchase cards, other assistance
transaction devices, vouchers issued according to sections 145.891 to 145.897, or any food
obtained through the redemption of vouchers issued according to sections 145.891 to 145.897
for cash or consideration other than eligible food.
(d) A peace officer or welfare fraud investigator may confiscate SNAP benefits,
authorization to purchase cards, or other assistance transaction devices found in the
possession of any person who is neither a recipient of SNAP benefits nor otherwise authorized
to possess and use such materials. Confiscated property shall be disposed of as the
commissioner may direct and consistent with state and federal SNAP law. The confiscated
property must be retained for a period of not less than 30 days to allow any affected person
to appeal the confiscation under section 256.045.
(e) Establishment of an overpayment is limited to 12 months prior to the month of
discovery due to agency error. Establishment of an overpayment is limited to six years prior
to the month of discovery due to client error or an intentional program violation determined
under section 256.046.
(f) With regard to the federal tax revenue offset program only, recovery incentives
authorized by the federal food and consumer service shall be retained at the rate of 50 percent
by the state agency and 50 percent by the certifying county agency.
(g) A peace officer, welfare fraud investigator, federal law enforcement official, or the
commissioner of health may confiscate vouchers found in the possession of any person who
is neither issued vouchers under sections 145.891 to 145.897, nor otherwise authorized to
possess and use such vouchers. Confiscated property shall be disposed of as the commissioner
of health may direct and consistent with state and federal law. The confiscated property
must be retained for a period of not less than 30 days.
(h) The commissioner of deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end may seek a waiver
from the United States Department of Agriculture to allow the state to specify foods that
may and may not be purchased in Minnesota with benefits funded by the federal
Supplemental Nutrition Assistance Program. The commissioner shall consult with the
members of the house of representatives and senate policy committees having jurisdiction
over SNAP issues in developing the waiver. The commissioner, in consultation with the
commissioners of health and education, shall develop a broad public health policy related
to improved nutrition and health status. The commissioner must seek legislative approval
prior to implementing the waiver.
Sec. 58.
Minnesota Statutes 2022, section 393.11, subdivision 2, is amended to read:
Subd. 2.
Paternity, child support.
The local social services agency or the commissioner
of deleted text begin human servicesdeleted text end new text begin children, youth, and familiesnew text end may contract with the county attorney for
the provision of legal services to the local social services agency in paternity actions, child
support enforcement and related matters as specified in Title IV-D of the Social Security
Act. The county attorney may contract as to and perform the services and receive
reimbursement therefor as determined by the commissioner. The contract may specify that
the reimbursement shall be in addition to the salary of the county attorney as set by the
county commissioners pursuant to chapter 388.
Sec. 59.
Minnesota Statutes 2022, section 518A.26, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of children, youth,
and families.
new text end
Sec. 60.
Minnesota Statutes 2022, section 518A.60, is amended to read:
518A.60 COLLECTION; ARREARS ONLY.
(a) Remedies available for the collection and enforcement of support in this chapter and
chapters new text begin 142A, new text end 256, 257, 518, and 518C also apply to cases in which the child or children
for whom support is owed are emancipated and the obligor owes past support or has an
accumulated arrearage as of the date of the youngest child's emancipation. Child support
arrearages under this section include arrearages for child support, medical support, child
care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in section
518A.41, subdivision 1, paragraph (h).
(b) This section applies retroactively to any support arrearage that accrued on or before
June 3, 1997, and to all arrearages accruing after June 3, 1997.
(c) Past support or pregnancy and confinement expenses ordered for which the obligor
has specific court ordered terms for repayment may not be enforced using drivers' and
occupational or professional license suspension and credit bureau reporting, unless the
obligor fails to comply with the terms of the court order for repayment.
(d) If an arrearage exists at the time a support order would otherwise terminate and
section 518A.53, subdivision 10, paragraph (c), does not apply to this section, the arrearage
shall be repaid in an amount equal to the current support order until all arrears have been
paid in full, absent a court order to the contrary.
(e) If an arrearage exists according to a support order which fails to establish a monthly
support obligation in a specific dollar amount, the public authority, if it provides child
support services, or the obligee, may establish a payment agreement which shall equal what
the obligor would pay for current support after application of section 518A.34, plus an
additional 20 percent of the current support obligation, until all arrears have been paid in
full. If the obligor fails to enter into or comply with a payment agreement, the public
authority, if it provides child support services, or the obligee, may move the district court
or child support magistrate, if section 484.702 applies, for an order establishing repayment
terms.
(f) If there is no longer a current support order because all of the children of the order
are emancipated, the public authority may discontinue child support services and close its
case under title IV-D of the Social Security Act if:
(1) the arrearage is under $500; or
(2) the arrearage is considered unenforceable by the public authority because there have
been no collections for three years, and all administrative and legal remedies have been
attempted or are determined by the public authority to be ineffective because the obligor is
unable to pay, the obligor has no known income or assets, and there is no reasonable prospect
that the obligor will be able to pay in the foreseeable future.
(g) At least 60 calendar days before the discontinuation of services under paragraph (f),
the public authority must mail a written notice to the obligee and obligor at the obligee's
and obligor's last known addresses that the public authority intends to close the child support
enforcement case and explaining each party's rights. Seven calendar days after the first
notice is mailed, the public authority must mail a second notice under this paragraph to the
obligee.
(h) The case must be kept open if the obligee responds before case closure and provides
information that could reasonably lead to collection of arrears. If the case is closed, the
obligee may later request that the case be reopened by completing a new application for
services, if there is a change in circumstances that could reasonably lead to the collection
of arrears.
Sec. 61.
Minnesota Statutes 2023 Supplement, section 609A.015, subdivision 1, is amended
to read:
Subdivision 1.
Eligibility; dismissal; exoneration.
(a) A person who is the subject of
a criminal record or delinquency record is eligible for a grant of expungement relief without
the filing of a petition:
(1) if the person was arrested and all charges were dismissed after a case was filed unless
dismissal was based on a finding that the defendant was incompetent to proceed;
(2) upon the dismissal and discharge of proceedings against a person under section
152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession
of a controlled substance; or
(3) if all pending actions or proceedings were resolved in favor of the person.
(b) For purposes of this chapter, a verdict of not guilty by reason of mental illness is not
a resolution in favor of the person. For purposes of this chapter, an action or proceeding is
resolved in favor of the person if the petitioner received an order under section 590.11
determining that the person is eligible for compensation based on exoneration.
(c) The service requirements in section 609A.03, subdivision 8, do not apply to any
expungements ordered under this subdivision.
(d) An expungement order does not apply to records held by the commissioners of
new text begin children, youth, and families; new text end healthnew text begin ;new text end and human services.
Sec. 62.
Minnesota Statutes 2023 Supplement, section 609A.015, subdivision 2, is amended
to read:
Subd. 2.
Eligibility; diversion and stay of adjudication.
(a) A person is eligible for a
grant of expungement relief if the person has successfully completed the terms of a diversion
program or stay of adjudication for a qualifying offense that is not a felony and has not been
petitioned or charged with a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota:
(1) for one year immediately following completion of the diversion program or stay of
adjudication; or
(2) for one year immediately preceding a subsequent review performed pursuant to
subdivision 5, paragraph (a).
(b) The service requirements in section 609A.03, subdivision 8, do not apply to any
expungements ordered under this subdivision.
(c) An expungement order does not apply to records held by the commissioners of
new text begin children, youth, and families; new text end healthnew text begin ;new text end and human services.
Sec. 63.
Minnesota Statutes 2023 Supplement, section 609A.015, subdivision 3, is amended
to read:
Subd. 3.
Eligibility; certain criminal proceedings.
(a) A person is eligible for a grant
of expungement relief if the person:
(1) was convicted of a qualifying offense;
(2) has not been convicted of a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota:
(i) during the applicable waiting period immediately following discharge of the disposition
or sentence for the crime; or
(ii) during the applicable waiting period immediately preceding a subsequent review
performed pursuant to subdivision 5, paragraph (a); and
(3) is not charged with an offense, other than an offense that would be a petty
misdemeanor, in Minnesota at the time the person reaches the end of the applicable waiting
period or at the time of a subsequent review.
(b) As used in this subdivision, "qualifying offense" means a conviction for:
(1) any petty misdemeanor offense other than a violation of a traffic regulation relating
to the operation or parking of motor vehicles;
(2) any misdemeanor offense other than:
(i) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving
while impaired);
(ii) section 518B.01, subdivision 14 (violation of an order for protection);
(iii) section 609.224 (assault in the fifth degree);
(iv) section 609.2242 (domestic assault);
(v) section 609.746 (interference with privacy);
(vi) section 609.748 (violation of a harassment restraining order);
(vii) section 609.78 (interference with emergency call);
(viii) section 609.79 (obscene or harassing phone calls);
(ix) section 617.23 (indecent exposure); or
(x) section 629.75 (violation of domestic abuse no contact order);
(3) any gross misdemeanor offense other than:
(i) section 169A.25 (second-degree driving while impaired);
(ii) section 169A.26 (third-degree driving while impaired);
(iii) section 518B.01, subdivision 14 (violation of an order for protection);
(iv) section 609.2113, subdivision 3 (criminal vehicular operation);
(v) section 609.2231 (assault in the fourth degree);
(vi) section 609.224 (assault in the fifth degree);
(vii) section 609.2242 (domestic assault);
(viii) section 609.233 (criminal neglect);
(ix) section 609.3451 (criminal sexual conduct in the fifth degree);
(x) section 609.377 (malicious punishment of child);
(xi) section 609.485 (escape from custody);
(xii) section 609.498 (tampering with witness);
(xiii) section 609.582, subdivision 4 (burglary in the fourth degree);
(xiv) section 609.746 (interference with privacy);
(xv) section 609.748 (violation of a harassment restraining order);
(xvi) section 609.749 (harassment; stalking);
(xvii) section 609.78 (interference with emergency call);
(xviii) section 617.23 (indecent exposure);
(xix) section 617.261 (nonconsensual dissemination of private sexual images); or
(xx) section 629.75 (violation of domestic abuse no contact order); or
(4) any felony offense listed in section 609A.02, subdivision 3, paragraph (b), other
than:
(i) section 152.023, subdivision 2 (possession of a controlled substance in the third
degree);
(ii) 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);
(iii) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil
commitment for mental illness); or
(iv) section 609.746, subdivision 1, paragraph (e) (interference with privacy; subsequent
violation or minor victim).
(c) As used in this subdivision, "applicable waiting period" means:
(1) if the offense was a petty misdemeanor, two years since discharge of the sentence;
(2) if the offense was a misdemeanor, two years since discharge of the sentence for the
crime;
(3) if the offense was a gross misdemeanor, three years since discharge of the sentence
for the crime;
(4) if the offense was a felony violation of section 152.025, four years since the discharge
of the sentence for the crime; and
(5) if the offense was any other felony, five years since discharge of the sentence for the
crime.
(d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to
section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross
misdemeanor offenses ineligible for a grant of expungement under this section remain
ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2.
(e) The service requirements in section 609A.03, subdivision 8, do not apply to any
expungements ordered under this subdivision.
(f) An expungement order does not apply to records held by the commissioners of
new text begin children, youth, and families; new text end healthnew text begin ;new text end and human services.
Sec. 64.
Minnesota Statutes 2023 Supplement, section 609A.06, subdivision 7, is amended
to read:
Subd. 7.
Review and determination.
(a) The Cannabis Expungement Board shall review
all available records to determine whether the conviction or stay of adjudication is eligible
for an expungement or resentencing to a lesser offense. An expungement under this section
is presumed to be in the public interest unless there is clear and convincing evidence that
an expungement or resentencing to a lesser offense would create a risk to public safety.
(b) If the Cannabis Expungement Board determines that an expungement is in the public
interest, the board shall determine whether a person's conviction should be vacated and
charges should be dismissed.
(c) If the Cannabis Expungement Board determines that an expungement is in the public
interest, the board shall determine whether the limitations under section 609A.03, subdivision
5a, apply.
(d) If the Cannabis Expungement Board determines that an expungement is in the public
interest, the board shall determine whether the limitations under section 609A.03, subdivision
7a, paragraph (b), clause (5), apply.
(e) If the Cannabis Expungement Board determines that an expungement is not in the
public interest, the board shall determine whether the person is eligible for resentencing to
a lesser offense.
(f) In making a determination under this subdivision, the Cannabis Expungement Board
shall consider:
(1) the nature and severity of the underlying crime, including but not limited to the total
amount of marijuana or tetrahydrocannabinols possessed by the person and whether the
offense involved a dangerous weapon, the intentional infliction of bodily harm on another,
an attempt to inflict bodily harm on another, or an act committed with the intent to cause
fear in another of immediate bodily harm or death;
(2) whether an expungement or resentencing the person a lesser offense would increase
the risk, if any, the person poses to other individuals or society;
(3) if the person is under sentence, whether an expungement or resentencing to a lesser
offense would result in the release of the person and whether release earlier than the date
that the person would be released under the sentence currently being served would present
a danger to the public or would be compatible with the welfare of society;
(4) aggravating or mitigating factors relating to the underlying crime, including the
person's level of participation and the context and circumstances of the underlying crime;
(5) statements from victims and law enforcement, if any;
(6) if an expungement or resentencing the person to a lesser offense is considered,
whether there is good cause to restore the person's right to possess firearms and ammunition;
(7) if an expungement is considered, whether an expunged record of a conviction or stay
of adjudication may be opened for purposes of a background check required under section
122A.18, subdivision 8; and
(8) other factors deemed relevant by the Cannabis Expungement Board.
(g) In making a determination under this subdivision, the Cannabis Expungement Board
shall not consider the impact the expungement would have on the offender based on any
records held by the Department of Healthnew text begin ; Department of Children, Youth, and Families;new text end
or new text begin Department of new text end Human Services.
(h) The affirmative vote of three members is required for action taken at any meeting.
Sec. 65.
Minnesota Statutes 2023 Supplement, section 609A.06, subdivision 12, is amended
to read:
Subd. 12.
Order of expungement.
(a) Upon receiving notice that an offense qualifies
for expungement, the court shall issue an order sealing all records relating to an arrest,
indictment or information, trial, verdict, or dismissal and discharge for an offense described
in subdivision 3. The courts shall not order the Department of Healthnew text begin ; the Department of
Children, Youth, and Families;new text end or new text begin the Department of new text end Human Services to seal records under
this section. If the Cannabis Expungement Board determined that the person's conviction
should be vacated and charges should be dismissed, the order shall vacate and dismiss the
charges.
(b) If the Cannabis Expungement Board determined that there is good cause to restore
the person's right to possess firearms and ammunition, the court shall issue an order pursuant
to section 609.165, subdivision 1d.
(c) If the Cannabis Expungement Board determined that an expunged record of a
conviction or stay of adjudication may not be opened for purposes of a background check
required under section 122A.18, subdivision 8, the court shall direct the order specifically
to the Professional Educator Licensing and Standards Board.
(d) The court administrator shall send a copy of an expungement order issued under this
section to each agency and jurisdiction whose records are affected by the terms of the order
and send a letter to the last known address of the person whose offense has been expunged
identifying each agency to which the order was sent.
(e) In consultation with the commissioner of human services, the court shall establish a
schedule on which it shall provide the commissioner of human services a list identifying
the name and court file number or, if no court file number is available, the citation number
of each record for a person who received an expungement under this section.
(f) Data on the person whose offense has been expunged in a letter sent under this
subdivision are private data on individuals as defined in section 13.02, subdivision 12.
Sec. 66.
Minnesota Statutes 2022, section 631.40, subdivision 3, is amended to read:
Subd. 3.
Departments of Human Servicesnew text begin ; Children, Youth, and Families;new text end and
Health licensees.
When a person who is affiliated with a program or facility governed by
the Department of Human Servicesnew text begin , Department of Children, Youth, and Families,new text end or
Department of Health is convicted of a disqualifying crime, the probation officer or
corrections agent shall notify the commissioner of the conviction, as provided in chapter
245C.
Sec. 67. new text begin EXECUTIVE AGENCIES' PRINTED AND ONLINE MATERIALS AND
INFORMATION TECHNOLOGY SYSTEMS.
new text end
new text begin
(a) Executive agencies are not required to immediately replace existing printed material
only to reflect changed statute numbers in this act and may do so when current printed
material is replaced and new printed material is obtained in the normal course of business.
new text end
new text begin
(b) Executive agencies are not required to immediately edit online cross-references only
to reflect changed statute numbers in this act and may do so when online documents,
information technology systems, and websites are edited in the normal course of business.
new text end
Sec. 68. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes must renumber sections or subdivisions in column A as column
B.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
|
new text begin
256.741 new text end |
new text begin
518A.81 new text end |
|
|
new text begin
256.87 new text end |
new text begin
518A.82 new text end |
|
|
new text begin
256.978 new text end |
new text begin
518A.83 new text end |
|
|
new text begin
256.979 new text end |
new text begin
518A.84 new text end |
|
|
new text begin
256E.12 new text end |
new text begin
256K.10 new text end |
new text begin
(b) The revisor of statutes must correct any statutory cross-references consistent with
this renumbering.
new text end
Sec. 69. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall make necessary cross-reference changes and remove statutory
cross-references in Minnesota Statutes to conform with this act and Laws 2023, chapter 70,
article 12. The revisor may make technical and other necessary changes to sentence structure
to preserve the meaning of the text. The revisor may alter the statutory coding in this act to
incorporate statutory changes made by other law in the 2024 regular legislative session. If
a provision repealed in this act is also amended in the 2024 regular legislative session by
other law, the revisor shall merge the amendment into the recodification, notwithstanding
Minnesota Statutes, section 645.30. The revisor of statutes must consult with executive
branch agencies that would be affected by the changes when making changes pursuant to
this section.
new text end
Sec. 70. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change "the commissioner of human services" to "the
commissioner of children, youth, and families" and change "the Department of Human
Services" to "the Department of Children, Youth, and Families" as necessary to reflect the
changes in this act and Laws 2023, chapter 70, article 12. The revisor shall also make other
technical changes resulting from the change of term to the statutory language, sentence
structure, or both, if necessary to preserve the meaning of the text. The revisor of statutes
must consult with executive branch agencies that would be affected by the changes when
making changes pursuant to this section. If any potential commissioner changes identified
reflect policy changes not yet addressed in this act or Laws 2023, chapter 70, article 12, the
revisor of statutes shall notify the commissioners of human services and children, youth,
and families so that the change may be addressed in the 2025 legislative session.
new text end
Sec. 71. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 256.741, subdivision 3,
new text end
new text begin
is repealed.
new text end
Sec. 72. new text begin EFFECTIVE DATE; TRANSFER OF RESPONSIBILITIES.
new text end
new text begin
(a) This act is effective July 1, 2024.
new text end
new text begin
(b) Notwithstanding paragraph (a), the powers and responsibilities transferred under this
act are effective upon notice of the commissioner of children, youth, and families to the
commissioners of administration, management and budget, and other relevant departments
along with the secretary of the senate, the chief clerk of the house of representatives, and
the chairs and ranking minority members of relevant legislative committees and divisions,
pursuant to Laws 2023, chapter 70, article 12, section 30, subdivision 1.
new text end
new text begin
(c) By August 1, 2025, the commissioners of human services and children, youth, and
families shall notify the chairs and ranking minority members of relevant legislative
committees and divisions and the revisor of statutes of any sections of this act or programs
to be transferred that are waiting for federal approval to become effective pursuant to Laws
2023, chapter 70, article 12, section 30, subdivision 1, paragraph (b).
new text end
APPENDIX
Repealed Minnesota Statutes: H3646-2
245A.04 APPLICATION PROCEDURES.
Subd. 17.
Plain-language handbook.
By January 1, 2020, the commissioner of human services shall, following consultation with family child care license holders, parents, and county agencies, develop a plain-language handbook that describes the process and requirements to become a licensed family child care provider. The handbook shall include a list of the applicable statutory provisions and rules that apply to licensed family child care providers. The commissioner shall electronically publish the handbook on the Department of Human Services website, available at no charge to the public. Each county human services office and the Department of Human Services shall maintain physical copies of the handbook for public use.
245A.09 RULES.
Subd. 10.
Rulemaking process; commissioner exempted.
When developing, making, adopting, and issuing interpretive guidelines under the authority granted under subdivision 8, the commissioner is exempt from the rulemaking provisions of chapter 14 until July 1, 1998.
245A.18 CHILD PASSENGER RESTRAINT SYSTEMS.
Subd. 2.
Child passenger restraint systems; training requirement.
(a) Programs licensed by the Department of Human Services under this chapter and Minnesota Rules, chapter 2960, that serve a child or children under eight years of age must document training that fulfills the requirements in this subdivision.
(b) Before a license holder, staff person, or caregiver transports a child or children under age eight in a motor vehicle, the person transporting the child must satisfactorily complete training on the proper use and installation of child restraint systems in motor vehicles. Training completed under this section may be used to meet initial or ongoing training under Minnesota Rules, part 2960.3070, subparts 1 and 2.
(c) Training required under this section must be completed at orientation or initial training and repeated at least once every five years. At a minimum, the training must address the proper use of child restraint systems based on the child's size, weight, and age, and the proper installation of a car seat or booster seat in the motor vehicle used by the license holder to transport the child or children.
(d) Training under paragraph (c) must be provided by individuals who are certified and approved by the Office of Traffic Safety within the Department of Public Safety. License holders may obtain a list of certified and approved trainers through the Department of Public Safety website or by contacting the agency.
(e) Notwithstanding paragraph (a), for an emergency relative placement under section 245A.035, the commissioner may grant a variance to the training required by this subdivision for a relative who completes a child seat safety check up. The child seat safety check up trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and must provide one-on-one instruction on placing a child of a specific age in the exact child passenger restraint in the motor vehicle in which the child will be transported. Once granted a variance, and if all other licensing requirements are met, the relative applicant may receive a license and may transport a relative foster child younger than eight years of age. A child seat safety check up must be completed each time a child requires a different size car seat according to car seat and vehicle manufacturer guidelines. A relative license holder must complete training that meets the other requirements of this subdivision prior to placement of another foster child younger than eight years of age in the home or prior to the renewal of the child foster care license.
245H.12 FEES.
The commissioner shall consult with stakeholders to develop an administrative fee to implement this chapter. By February 15, 2019, the commissioner shall provide recommendations on the amount of an administrative fee to the legislative committees with jurisdiction over health and human services policy and finance.
256.01 COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES.
Subd. 30.
Donated funds from private postsecondary institutions.
The commissioner may accept, on behalf of the state, funds donated from private postsecondary institutions, as the state's share in claiming federal Title IV-E reimbursement, to support the Child Welfare State/University Partnership, consistent with Code of Federal Regulations, title 45, chapter 235, section 235.66, Sources of State Funds, if the funds:
(1) are transferred to the state and under the state's administrative control;
(2) are donated with no restriction that the funds be used for the training of a particular individual or at a particular facility or institution; and
(3) do not revert to the donor's facility or use.
256.741 CHILD SUPPORT AND MAINTENANCE.
Subd. 3.
Existing assignments.
Assignments based on the receipt of public assistance in existence prior to July 1, 1997, are permanently assigned to the state. Arrears that accrued prior to the receipt of assistance that were assigned to the state between July 1, 1997, and October 1, 2009, must no longer be assigned as of October 1, 2009.
256.9831 BENEFITS; GAMBLING ESTABLISHMENTS.
Subd. 2.
Financial transaction cards.
The commissioner shall take all actions necessary to ensure that no person may obtain benefits under chapter 256, 256D, or 256J through the use of a financial transaction card, as defined in section 609.821, subdivision 1, paragraph (a), at a terminal located in or attached to a gambling establishment, liquor store, tobacco store, or tattoo parlor.
Subd. 3.
Warrants.
The commissioner shall take all actions necessary to ensure that warrants issued to pay benefits under chapter 256 or 256D bear a restrictive endorsement that prevents their being cashed in a gambling establishment.
256J.01 ESTABLISHING MINNESOTA FAMILY INVESTMENT PROGRAM.
Subd. 5.
Compliance system.
The commissioner shall administer a compliance system for the state's temporary assistance for needy families (TANF) program, the SNAP, general assistance, medical assistance, emergency general assistance, Minnesota supplemental aid, preadmission screening, child support program, and alternative care grants under the powers and authorities named in section 256.01, subdivision 2. The purpose of the compliance system is to permit the commissioner to supervise the administration of public assistance programs and to enforce timely and accurate distribution of benefits, completeness of service and efficient and effective program management and operations, to increase uniformity and consistency in the administration and delivery of public assistance programs throughout the state, and to reduce the possibility of sanction and fiscal disallowances for noncompliance with federal regulations and state statutes.
256J.78 TANF DEMONSTRATION PROJECTS OR WAIVER FROM FEDERAL RULES AND REGULATIONS.
Subd. 3.
Report to legislature.
The commissioner shall report to the members of the legislative committees having jurisdiction over human services issues by March 1, 2014, regarding the progress of this waiver or demonstration project.