HF 4644

as introduced - 91st Legislature (2019 - 2020) Posted on 05/07/2020 12:32pm

A bill for an act
relating to state government; modifying provisions governing children and family
services, chemical and mental health services, health care, and health boards;
amending child care assistance provisions; expanding the Opioid Response Council;
modifying housing support provisions; modifying child welfare provisions;
changing certain health provisions; changing licensing fees for the Board of
Executives for Long Term Services and Supports; making forecast adjustments;
appropriating money; amending Minnesota Statutes 2018, sections 13.461,
subdivision 16; 62U.04, subdivisions 5, 11, by adding subdivisions; 119B.125,
subdivisions 1, 1a, 2; 119B.13, subdivision 1; 145.901; 152.25, by adding a
subdivision; 152.35; 245F.02, subdivision 26; 245F.03; 254A.02, subdivision 8a;
254B.01, subdivision 5; 256.01, subdivisions 12, 12a; 256I.05, subdivisions 1a,
11; 260.012; 260C.151, subdivision 6; 260C.152, subdivision 5; 260C.175,
subdivision 2; 260C.176, subdivision 2; 260C.181, subdivision 2; 260C.193,
subdivision 3; 260C.202; 260C.203; 260C.204; 260C.212, subdivision 1; 260C.221;
260C.605, subdivision 1; 260C.607, subdivisions 2, 5, 6; 260C.613, subdivisions
1, 5; 626.556, subdivisions 3, 11d; Minnesota Statutes 2019 Supplement, sections
62U.04, subdivision 4; 119B.011, subdivision 19; 144A.291, subdivision 2; 152.29,
subdivision 1; 256.042, subdivision 2; 256B.0759, subdivisions 3, 4; 260C.178,
subdivision 1; 260C.201, subdivisions 1, 2; 260C.212, subdivision 2; 626.556,
subdivision 2; Laws 2019, chapter 63, article 3, section 1; Laws 2019, First Special
Session chapter 9, article 14, section 2, subdivisions 2, 24, 30, 31, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapters 115;
145; repealing Minnesota Statutes 2018, section 119B.125, subdivision 5;
Minnesota Statutes 2019 Supplement, section 254B.03, subdivision 4a; Minnesota
Rules, parts 9530.6600, subparts 1, 3; 9530.6605, subparts 1, 2, 3, 4, 5, 8, 9, 10,
11, 12, 13, 14, 21a, 21b, 24a, 25, 25a, 26; 9530.6610, subparts 1, 2, 3, 5; 9530.6615;
9530.6620; 9530.6622; 9530.6655.

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

ARTICLE 1

CHILD CARE ASSISTANCE PROGRAM

Section 1.

Minnesota Statutes 2019 Supplement, section 119B.011, subdivision 19, is
amended to read:

Subd. 19.

Provider.

"Provider" means:

(1) an individual or child care center or facility licensed to provide child care under
chapter 245A when operating within the terms of the license;

(2) a license-exempt center required to be certified under chapter 245H;

(3) an individual or child care center or facility that: (i) holds a valid child care license
issued by another state or a tribe; (ii) provides child care services in the licensing state or
in the area under the licensing tribe's jurisdiction; and (iii) is in compliance with federal
health and safety requirements as certified by the licensing state or tribe, or as determined
by receipt of child care development block grant funds in the licensing state; deleted text begin or
deleted text end

(4) a legal nonlicensed child care provider as defined under section 119B.011, subdivision
16, providing legal child care services. A legal nonlicensed child care provider must be at
least 18 years of age, and not a member of the MFIP assistance unit or a member of the
family receiving child care assistance to be authorized under this chapter deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) an individual or child care center or facility that is operated under the jurisdiction of
the federal government.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 119B.125, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

deleted text begin Except as provided in subdivision 5, deleted text end A county or the
commissioner must authorize the provider chosen by an applicant or a participant before
the county can authorize payment for care provided by that provider. The commissioner
must establish the requirements necessary for authorization of providers. A provider must
be reauthorized every two years. deleted text begin A legal, nonlicensed family child care provider also must
be reauthorized when another person over the age of 13 joins the household, a current
household member turns 13, or there is reason to believe that a household member has a
factor that prevents authorization. The provider is required to report all family changes that
would require reauthorization. When a provider has been authorized for payment for
providing care for families in more than one county, the county responsible for
reauthorization of that provider is the county of the family with a current authorization for
that provider and who has used the provider for the longest length of time.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 4, 2021.
new text end

Sec. 3.

Minnesota Statutes 2018, section 119B.125, subdivision 1a, is amended to read:

Subd. 1a.

Background study required.

This subdivision only applies to legal deleted text begin , deleted text end
nonlicensed deleted text begin family deleted text end child care providers.

new text begin (a) new text end Prior to authorization, deleted text begin and as part of each reauthorization required in subdivision 1,
the county shall perform deleted text end new text begin the commissioner shall perform new text end a background study on deleted text begin every
member of the provider's household who is age 13 and older. The county shall also perform
a background study on an individual who has reached age ten but is not yet age 13 and is
living in the household where the nonlicensed child care will be provided when the county
has reasonable cause as defined under section 245C.02, subdivision 15 deleted text end new text begin individuals identified
under section 245C.02, subdivision 6a new text end .

new text begin (b) After authorization, the commissioner shall perform a background study 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.
new text end

new text begin (c) At each reauthorization, the county shall perform a background study of all individuals
in the provider's household for whom paragraphs (a) and (b) require a background study.
new text end

new text begin (d) Prior to a background study expiring, the commissioner shall perform another
background study of all individuals for whom the background study will expire.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 4, 2021.
new text end

Sec. 4.

Minnesota Statutes 2018, 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, subdivision
1, and forward the information to the county agency. deleted text begin The background study must include
a review of the information required under section 245C.08, subdivisions 2, 3, and 4,
paragraph (b). deleted text end new text begin The county shall collect and forward the information to the commissioner
as directed under section 245C.05, subdivision 2b. new text end A new text begin legal new text end nonlicensed deleted text begin family deleted text end child care
provider is not authorized under this section if new text begin the commissioner determines that new text end any
household member who is the subject of a background study is deleted text begin determined to have a
disqualifying characteristic under paragraphs (b) to (e) or under section 245C.14 or 245C.15.
If a county has determined that a provider is able to be authorized in that county, and a
family in another county later selects that provider, the provider is able to be authorized in
the second county without undergoing a new background investigation unless one of the
following conditions exists: deleted text end new text begin disqualified from direct contact with, or from access to, persons
served by the program, unless the disqualified individual is subsequently set aside under
section 245C.22.
new text end

deleted text begin (1) two years have passed since the first authorization;
deleted text end

deleted text begin (2) another person age 13 or older has joined the provider's household since the last
authorization;
deleted text end

deleted text begin (3) a current household member has turned 13 since the last authorization; or
deleted text end

deleted text begin (4) there is reason to believe that a household member has a factor that prevents
authorization.
deleted text end

deleted text begin (b) The person has refused to give written consent for disclosure of criminal history
records.
deleted text end

deleted text begin (c) The person has been denied a family child care license or has received a fine or a
sanction as a licensed child care provider that has not been reversed on appeal.
deleted text end

deleted text begin (d) The person has a family child care licensing disqualification that has not been set
aside.
deleted text end

deleted text begin (e) 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.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 4, 2021.
new text end

Sec. 5.

Minnesota Statutes 2018, section 119B.13, subdivision 1, is amended to read:

Subdivision 1.

Subsidy restrictions.

(a) deleted text begin Beginning February 3, 2014, deleted text end The maximum
rate paid for child care assistance in any county or county price cluster under the child care
fund shall be the greater of the deleted text begin 25th deleted text end new text begin 30th new text end percentile of the deleted text begin 2011 deleted text end new text begin most recent new text end child care
provider rate survey new text begin under section 119B.02, subdivision 7, new text end or the deleted text begin maximum rate effective
November 28, 2011 deleted text end new text begin rates in effect at the time of the update. The first maximum rate update
must be based on the 2018 rate survey and take effect September 18, 2020. Thereafter,
maximum rate updates are effective the first biweekly period following January 1 after the
most recent rate survey new text end . For a child care provider located within the boundaries of a city
located in two or more of the counties of Benton, Sherburne, and Stearns, the maximum
rate paid for child care assistance shall be equal to the maximum rate paid in the county
with the highest maximum reimbursement rates or the provider's charge, whichever is less.
The commissioner may: (1) assign a county with no reported provider prices to a similar
price cluster; and (2) consider county level access when determining final price clusters.

(b) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.

(c) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.

(d) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.

(e) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:

(1) the daily rate for one day of care;

(2) the weekly rate for one week of care by the child's primary provider; and

(3) two daily rates during two weeks of care by a child's secondary provider.

(f) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.

(g) If the provider charge is greater than the maximum provider rate allowed, the parent
is responsible for payment of the difference in the rates in addition to any family co-payment
fee.

(h) All maximum provider rates changes shall be implemented on the Monday following
the effective date of the maximum provider rate.

(i) deleted text begin Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum registration
fees in effect on January 1, 2013, shall remain in effect. deleted text end new text begin The maximum registration fee paid
for child care assistance in any county or county price cluster under the child care fund shall
be the greater of the 30th percentile of the most recent child care provider rate survey under
section 119B.02, subdivision 7, or the registration fee in effect at the time of the update.
The first maximum registration fee update must be based on the 2018 rate survey and is
effective September 21, 2020. Thereafter, maximum registration fee updates are effective
the first biweekly period following January 1 after the most recent rate survey. Maximum
registration fees must be set for licensed family child care and for child care centers. For a
child care provider located in the boundaries of a city located in two or more of the counties
of Benton, Sherburne, and Stearns, the maximum registration fee paid for child care assistance
shall be equal to the maximum registration fee paid in the county with the highest maximum
registration fee or the provider's charge, whichever is less.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective September 18, 2020. Paragraph (i) is
effective September 21, 2020.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 119B.125, subdivision 5, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end

ARTICLE 2

TRIBAL CONSULTATION

Section 1.

Minnesota Statutes 2019 Supplement, section 256.042, subdivision 2, is amended
to read:

Subd. 2.

Membership.

(a) The council shall consist of the following deleted text begin 19 deleted text end new text begin 28 new text end voting
members, appointed by the commissioner of human services except as otherwise specified,
and three nonvoting members:

(1) two members of the house of representatives, appointed in the following sequence:
the first from the majority party appointed by the speaker of the house and the second from
the minority party appointed by the minority leader. Of these two members, one member
must represent a district outside of the seven-county metropolitan area, and one member
must represent a district that includes the seven-county metropolitan area. The appointment
by the minority leader must ensure that this requirement for geographic diversity in
appointments is met;

(2) two members of the senate, appointed in the following sequence: the first from the
majority party appointed by the senate majority leader and the second from the minority
party appointed by the senate minority leader. Of these two members, one member must
represent a district outside of the seven-county metropolitan area and one member must
represent a district that includes the seven-county metropolitan area. The appointment by
the minority leader must ensure that this requirement for geographic diversity in appointments
is met;

(3) one member appointed by the Board of Pharmacy;

(4) one member who is a physician appointed by the Minnesota Medical Association;

(5) one member representing opioid treatment programs, sober living programs, or
substance use disorder programs licensed under chapter 245G;

(6) one member appointed by the Minnesota Society of Addiction Medicine who is an
addiction psychiatrist;

(7) one member representing professionals providing alternative pain management
therapies, including, but not limited to, acupuncture, chiropractic, or massage therapy;

(8) one member representing nonprofit organizations conducting initiatives to address
the opioid epidemic, with the commissioner's initial appointment being a member
representing the Steve Rummler Hope Network, and subsequent appointments representing
this or other organizations;

(9) one member appointed by the Minnesota Ambulance Association who is serving
with an ambulance service as an emergency medical technician, advanced emergency
medical technician, or paramedic;

(10) one member representing the Minnesota courts who is a judge or law enforcement
officer;

(11) one public member who is a Minnesota resident and who is in opioid addiction
recovery;

(12) deleted text begin two deleted text end new text begin eleven new text end members representing Indian tribes, deleted text begin one representing the Ojibwe tribes
and one representing the Dakota tribes deleted text end new text begin one representing each of Minnesota's tribal nations new text end ;

(13) one public member who is a Minnesota resident and who is suffering from chronic
pain, intractable pain, or a rare disease or condition;

(14) one mental health advocate representing persons with mental illness;

(15) one member representing the Minnesota Hospital Association;

(16) one member representing a local health department; and

(17) the commissioners of human services, health, and corrections, or their designees,
who shall be ex officio nonvoting members of the council.

(b) The commissioner of human services shall coordinate the commissioner's
appointments to provide geographic, racial, and gender diversity, and shall ensure that at
least one-half of council members appointed by the commissioner reside outside of the
seven-county metropolitan area. Of the members appointed by the commissioner, to the
extent practicable, at least one member must represent a community of color
disproportionately affected by the opioid epidemic.

(c) The council is governed by section 15.059, except that members of the council shall
receive no compensation other than reimbursement for expenses. Notwithstanding section
15.059, subdivision 6, the council shall not expire.

(d) The chair shall convene the council at least quarterly, and may convene other meetings
as necessary. The chair shall convene meetings at different locations in the state to provide
geographic access, and shall ensure that at least one-half of the meetings are held at locations
outside of the seven-county metropolitan area.

(e) The commissioner of human services shall provide staff and administrative services
for the advisory council.

(f) The council is subject to chapter 13D.

Sec. 2.

Minnesota Statutes 2018, section 256I.05, subdivision 1a, is amended to read:

Subd. 1a.

Supplementary service rates.

(a) Subject to the provisions of section 256I.04,
subdivision 3, the deleted text begin county deleted text end agency may negotiate a payment not to exceed $426.37 for other
services necessary to provide room and board if the residence is licensed by or registered
by the Department of Health, or licensed by the Department of Human Services to provide
services in addition to room and board, and if the provider of services is not also concurrently
receiving funding for services for a recipient under a home and community-based waiver
under title XIX of the Social Security Act; or funding from the medical assistance program
under section 256B.0659, for personal care services for residents in the setting; or residing
in a setting which receives funding under section 245.73. If funding is available for other
necessary services through a home and community-based waiver, or personal care services
under section 256B.0659, then the housing support rate is limited to the rate set in subdivision
1. Unless otherwise provided in law, in no case may the supplementary service rate exceed
$426.37. The registration and licensure requirement does not apply to establishments which
are exempt from state licensure because they are located on Indian reservations and for
which the tribe has prescribed health and safety requirements. Service payments under this
section may be prohibited under rules to prevent the supplanting of federal funds with state
funds. The commissioner shall pursue the feasibility of obtaining the approval of the Secretary
of Health and Human Services to provide home and community-based waiver services under
title XIX of the Social Security Act for residents who are not eligible for an existing home
and community-based waiver due to a primary diagnosis of mental illness or chemical
dependency and shall apply for a waiver if it is determined to be cost-effective.

(b) The commissioner is authorized to make cost-neutral transfers from the housing
support fund for beds under this section to other funding programs administered by the
department after consultation with the deleted text begin county or counties deleted text end new text begin agency new text end in which the affected beds
are located. The commissioner may also make cost-neutral transfers from the housing support
fund to deleted text begin county human service deleted text end agencies for beds permanently removed from the housing
support census under a plan submitted by the deleted text begin county deleted text end agency and approved by the
commissioner. The commissioner shall report the amount of any transfers under this provision
annually to the legislature.

(c) deleted text begin Counties deleted text end new text begin Agencies new text end must not negotiate supplementary service rates with providers of
housing support that are licensed as board and lodging with special services and that do not
encourage a policy of sobriety on their premises and make referrals to available community
services for volunteer and employment opportunities for residents.

Sec. 3.

Minnesota Statutes 2018, section 256I.05, subdivision 11, is amended to read:

Subd. 11.

Transfer of emergency shelter funds.

(a) The commissioner shall make a
cost-neutral transfer of funding from the housing support fund to deleted text begin county human service
agencies deleted text end new text begin the agency new text end for emergency shelter beds removed from the housing support census
under a biennial plan submitted by the deleted text begin county deleted text end new text begin agency new text end and approved by the commissioner.
The plan must describe: (1) anticipated and actual outcomes for persons experiencing
homelessness in emergency shelters; (2) improved efficiencies in administration; (3)
requirements for individual eligibility; and (4) plans for quality assurance monitoring and
quality assurance outcomes. The commissioner shall review the deleted text begin county deleted text end new text begin agency new text end plan to
monitor implementation and outcomes at least biennially, and more frequently if the
commissioner deems necessary.

(b) The funding under paragraph (a) may be used for the provision of room and board
or supplemental services according to section 256I.03, subdivisions 2 and 8. Providers must
meet the requirements of section 256I.04, subdivisions 2a to 2f. Funding must be allocated
annually, and the room and board portion of the allocation shall be adjusted according to
the percentage change in the housing support room and board rate. The room and board
portion of the allocation shall be determined at the time of transfer. The commissioner or
deleted text begin county deleted text end new text begin agency new text end may return beds to the housing support fund with 180 days' notice, including
financial reconciliation.

ARTICLE 3

ADDRESSING AFRICAN AMERICAN CHILD WELFARE
OVERREPRESENTATION

Section 1.

Minnesota Statutes 2018, section 260.012, is amended to read:

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
services new text begin and actions new text end , by the social services agency are made to prevent placement or to
eliminate the need for removal and to reunite the child with the child's family at the earliest
possible time, and the court must ensure that the responsible social services agency makes
reasonable efforts to finalize an alternative permanent plan for the child as provided in
paragraph (e). In determining reasonable efforts to be made with respect to a child and in
making those reasonable efforts, the child's best interests, health, and safety must be of
paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
reunification are always required except upon a determination by the court that 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 terminated involuntarily;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);

(4) the parent's custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d),
clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
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 under the circumstances.

(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section 260C.505, or a termination of parental rights
petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under
sections 260C.503 to 260C.521 must be held within 30 days of this determination.

(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178,
260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court
must make findings and conclusions consistent with the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In
cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901, the responsible social services agency must provide active efforts as required under
United States Code, title 25, section 1911(d).

(d) "Reasonable efforts to prevent placement" means:

(1) the agency has made reasonable efforts to prevent the placement of the child in foster
care by working with the family to develop and implement a safety plan new text begin that is individualized
to the needs of the child and family and may include support persons from the child's
extended family, kin network, and community new text end ; or

(2) new text begin the agency has demonstrated to the court that, new text end given the particular circumstances of
the child and family at the time of the child's removal, there are no services or efforts
available which could allow the child to safely remain in the home.

(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence
by the responsible social services agency to:

(1) reunify the child with the parent or guardian from whom the child was removed;

(2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
where appropriate, provide services necessary to enable the noncustodial parent to safely
provide the care, as required by section 260C.219;

(3) conduct a relative search to identify and provide notice to adult relatives new text begin , and engage
relatives in case planning and placement, new text end as required under section 260C.221;

new text begin (4) consider placement with relatives and important friends in the order specified in
section 260C.212, subdivision 2, paragraph (a);
new text end

deleted text begin (4) deleted text end new text begin (5) new text end place siblings removed from their home in the same home for foster care or
adoption, or transfer permanent legal and physical custody to a relative. Visitation between
siblings who are not in the same foster care, adoption, or custodial placement or facility
shall be consistent with section 260C.212, subdivision 2; and

deleted text begin (5) deleted text end new text begin (6) new text end when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the child,
and considers permanent alternative homes for the child inside or outside of the state,
preferably new text begin with a relative or important friend in the order specified in section 260C.212,
subdivision 2, paragraph (a), new text end through adoption or transfer of permanent legal and physical
custody of the child.

(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the
new text begin individualized new text end needs of the child and the child's family. Services may include those provided
by the responsible social services agency and other culturally appropriate services available
in the community. new text begin The agency must select services in collaboration with the family and, if
appropriate, the child. new text end At each stage of the proceedings where the court is required to review
the appropriateness of the responsible social services agency's reasonable efforts as described
in paragraphs (a), (d), and (e), the social services agency has the burden of demonstrating
that:

(1) it has made reasonable efforts to prevent placement of the child in foster care new text begin ,
including that the agency considered, or put in place, a safety plan according to paragraph
(d), clause (1) new text end ;

(2) it has made reasonable efforts to eliminate the need for removal of the child from
the child's home and to reunify the child with the child's family at the earliest possible time;

new text begin (3) it has made reasonable efforts to finalize a permanent plan for the child pursuant to
paragraph (e);
new text end

deleted text begin (3) deleted text end new text begin (4) new text end it has made reasonable efforts to finalize an alternative permanent home for the
child, and deleted text begin considers deleted text end new text begin considered new text end permanent alternative homes for the child inside or outside
of the state new text begin , preferably with a relative or important friend in the order specified in section
260C.212, subdivision 2, paragraph (a) new text end ; or

deleted text begin (4) deleted text end new text begin (5) new text end reasonable efforts to prevent placement and to reunify the child with the parent
or guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
efforts to reunify the parent and child, or through testimony or a certified report required
under juvenile court rules.

(g) Once the court determines that reasonable efforts for reunification are not required
because the court has made one of the prima facie determinations under paragraph (a), the
court may only require reasonable efforts for reunification after a hearing according to
section 260C.163, where the court finds there is not clear and convincing evidence of the
facts upon which the court based its prima facie determination. In this case when there is
clear and convincing evidence that the child is in need of protection or services, the court
may find the child in need of protection or services and order any of the dispositions available
under section 260C.201, subdivision 1. Reunification of a child with a parent is not required
if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185
to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;

(4) committing sexual abuse as defined in section 626.556, subdivision 2, against the
child or another child of the parent; or

(5) an offense that requires registration as a predatory offender under section 243.166,
subdivision 1b, paragraph (a) or (b).

(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201,
260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and
conclusions as to the provision of reasonable efforts. When determining whether reasonable
efforts have been made, the court shall consider whether services to the child and family
were:

new text begin (1) selected in collaboration with the family and, if appropriate, the child, in consideration
of the individualized needs of the child and family;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end relevant to the safety deleted text begin and deleted text end new text begin , new text end protection new text begin , and well-being new text end of the child;

deleted text begin (2) deleted text end new text begin (3) new text end adequate to meet the new text begin individualized new text end needs of the child and family;

deleted text begin (3) deleted text end new text begin (4) new text end culturally appropriate;

deleted text begin (4) deleted text end new text begin (5) new text end available and accessible;

deleted text begin (5) deleted text end new text begin (6) new text end consistent and timely; and

deleted text begin (6) deleted text end new text begin (7) new text end realistic under the circumstances.

In the alternative, the court may determine that provision of services or further services
for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances
or that reasonable efforts are not required as provided in paragraph (a).

(i) This section does not prevent out-of-home placement for treatment of a child with a
mental disability when it is determined to be medically necessary as a result of the child's
diagnostic assessment or individual treatment plan indicates that appropriate and necessary
treatment cannot be effectively provided outside of a residential or inpatient treatment
program and the level or intensity of supervision and treatment cannot be effectively and
safely provided in the child's home or community and it is determined that a residential
treatment setting is the least restrictive setting that is appropriate to the needs of the child.

(j) If continuation of reasonable efforts to prevent placement or reunify the child with
the parent or guardian from whom the child was removed is determined by the court to be
inconsistent with the permanent plan for the child or upon the court making one of the prima
facie determinations under paragraph (a), reasonable efforts must be made to place the child
in a timely manner in a safe and permanent home and to complete whatever steps are
necessary to legally finalize the permanent placement of the child.

(k) Reasonable efforts to place a child for adoption or in another permanent placement
may be made concurrently with reasonable efforts to prevent placement or to reunify the
child with the parent or guardian from whom the child was removed. When the responsible
social services agency decides to concurrently make reasonable efforts for both reunification
and permanent placement away from the parent under paragraph (a), the agency shall disclose
its decision and both plans for concurrent reasonable efforts to all parties and the court.
When the agency discloses its decision to proceed on both plans for reunification and
permanent placement away from the parent, the court's review of the agency's reasonable
efforts shall include the agency's efforts under both plans.

Sec. 2.

Minnesota Statutes 2018, section 260C.151, subdivision 6, is amended to read:

Subd. 6.

Immediate custody.

If the court makes individualized, explicit findings, based
on the notarized petition or sworn affidavit, that there are reasonable grounds to believe the
child is in surroundings or conditions which endanger the child's health, safety, or welfare
that require that responsibility for the child's care and custody be immediately assumed by
the responsible social services agency and that continuation of the child in the custody of
the parent or guardian is contrary to the child's welfare, the court may order that the officer
serving the summons take the child into immediate custody for placement of the child in
foster care new text begin , preferably with a relative or important friend new text end . In ordering that responsibility for
the care, custody, and control of the child be assumed by the responsible social services
agency, the court is ordering emergency protective care as that term is defined in the juvenile
court rules.

Sec. 3.

Minnesota Statutes 2018, section 260C.152, subdivision 5, is amended to read:

Subd. 5.

Notice to foster parents and preadoptive parents and relatives.

The foster
parents, if any, of a child and any preadoptive parent or relative providing care for the child
must be provided notice of and a right to be heard in any review or hearing to be held with
respect to the child. Any other relative may also request, and must be granted, a notice and
the deleted text begin opportunity deleted text end new text begin right new text end to be heard under this section. This subdivision does not require that
a foster parent, preadoptive parent, or relative providing care for the child be made a party
to a review or hearing solely on the basis of the notice and right to be heard.

Sec. 4.

Minnesota Statutes 2018, section 260C.175, subdivision 2, is amended to read:

Subd. 2.

Notice to parent or custodian new text begin and child; emergency placement with relative
or designated caregiver new text end .

new text begin (a) new text end Whenever a peace officer takes a child into custody for new text begin relative
placement or new text end shelter care deleted text begin or relative placement deleted text end pursuant to subdivision 1, section 260C.151,
subdivision 5, or section 260C.154, the officer shall notify the parent or custodian new text begin , and
child, if appropriate, new text end that under section 260C.181, subdivision 2, the parent or custodian new text begin ,
or the child, if reasonably able to express a preference, new text end may request that the child be placed
with a relative or a designated caregiver under chapter 257A instead of in a shelter care
facility. new text begin This notification shall occur at the time the officer takes the child into custody, but
before placing the child in a shelter care facility. If a parent or custodian is not physically
present at the time of the child's removal from the residence, the officer shall notify the
child's parent or custodian as soon as possible after placement. The officer shall consider a
child's placement request prior to considering a parent or custodian's placement request.
When considering a placement request, the child's physical and emotional safety and
well-being shall be paramount considerations.
new text end

new text begin (b) If, at the time of notification, the parent or custodian, or child, if appropriate, requests
to place the child with a specific relative or designated caregiver under chapter 257A, the
officer shall obtain the name and physical location of the relative or designated caregiver.
If the peace officer determines that there is a safety risk to the child in the home of the
relative or designated caregiver, the officer shall take the child to the home of a different
relative or designated caregiver, if available, or to a shelter care facility.
new text end

new text begin (c) new text end The officer also shall give the parent or custodian of the child a list of names,
addresses, and telephone numbers of social services agencies that offer child welfare services.
If the parent or custodian was not present when the child was removed from the residence,
the list shall be left with an adult on the premises or left in a conspicuous place on the
premises if no adult is present. If the officer has reason to believe the parent or custodian
is not able to read and understand English, the officer must provide a list that is written in
the language of the parent or custodian. The list shall be prepared by the commissioner of
human services. The commissioner shall prepare lists for each county and provide each
county with copies of the list without charge. The list shall be reviewed annually by the
commissioner and updated if it is no longer accurate. Neither the commissioner nor any
peace officer or the officer's employer shall be liable to any person for mistakes or omissions
in the list. The list does not constitute a promise that any agency listed will deleted text begin in fact deleted text end assist the
parent or custodian.

Sec. 5.

Minnesota Statutes 2018, section 260C.176, subdivision 2, is amended to read:

Subd. 2.

Reasons for detention.

(a) If the child is not released as provided in subdivision
1, the person taking the child into custody shall notify the court as soon as possible of the
detention of the child and the reasons for detention.

(b) No child taken into custody and placed in a new text begin relative's home or new text end shelter care facility
deleted text begin or relative's home deleted text end by a peace officer pursuant to section 260C.175, subdivision 1, clause
(1) or (2), item (ii), may be held in custody longer than 72 hours, excluding Saturdays,
Sundays and holidays, unless a petition has been filed and the judge or referee determines
pursuant to section 260C.178 that the child shall remain in custody or unless the court has
made a finding of domestic abuse perpetrated by a minor after a hearing under Laws 1997,
chapter 239, article 10, sections 2 to 26, in which case the court may extend the period of
detention for an additional seven days, within which time the social services agency shall
conduct an assessment and shall provide recommendations to the court regarding voluntary
services or file a child in need of protection or services petition.

Sec. 6.

Minnesota Statutes 2019 Supplement, 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 the child was taken into custody, excluding Saturdays,
Sundays, and holidays, to determine whether the child should continue 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 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 new text begin into the home of a
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 in the case
of a man who has not been adjudicated the child's father, or new text end 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 deleted text begin or into the home of a noncustodial parent
and order the noncustodial parent to comply with any conditions the court determines to be
appropriate to the safety and care of the child, including cooperating with paternity
establishment proceedings in the case of a man who has not been adjudicated the child's
father deleted text end . 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 it 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. new text begin 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 the factual and objective basis of this
claim. new text end When reasonable efforts to prevent placement are required and there are services or
other efforts that could be ordered which 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.

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.

(f) 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.

(g) 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 Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e),
clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
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.

(h) 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.

(i) 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).

(j) 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 new text begin 260C.150, new text end 260C.151, 260C.212,
260C.215, new text begin 260C.219, new text end and 260C.221.

(k) 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.

(l) When the court has ordered the child into new text begin the home of a noncustodial parent or in new text end
foster care deleted text begin or into the home of a noncustodial parent deleted text end , 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 626.556, subdivision 10, and Minnesota Rules, part 9560.0228.

Sec. 7.

Minnesota Statutes 2018, section 260C.181, subdivision 2, is amended to read:

Subd. 2.

Least restrictive setting.

Notwithstanding the provisions of subdivision 1, if
the child had been taken into custody pursuant to section 260C.175, subdivision 1, clause
(1) or (2), item (ii), and is not alleged to be delinquent, the child shall be detained in the
least restrictive setting consistent with the child's health and welfare and in closest proximity
to the child's family as possible. Placement may be with a child's relative, a designated
caregiver under chapter 257A, or new text begin if no placement is available with a relative or designated
caregiver, new text end in a shelter care facility. The placing officer shall comply with this section and
shall document why a less restrictive setting will or will not be in the best interests of the
child for placement purposes.

Sec. 8.

Minnesota Statutes 2018, section 260C.193, subdivision 3, is amended to read:

Subd. 3.

Best interests of the child.

(a) The policy of the state is to ensure that the best
interests of children in foster care, who experience transfer of permanent legal and physical
custody to a relative under section 260C.515, subdivision 4, or adoption under this chapter,
are met by new text begin :
new text end

new text begin (1) considering placement with relatives and important friends in the order specified in
section 260C.212, subdivision 2, paragraph (a); and
new text end

new text begin (2) new text end requiring individualized determinations under section 260C.212, subdivision 2,
paragraph (b), of the needs of the child and of how the selected home will serve the needs
of the child.

(b) No later than three months after a child is ordered removed from the care of a parent
in the hearing required under section 260C.202, the court shall review and enter findings
regarding whether the responsible social services agency made:

(1) diligent efforts to identify deleted text begin and deleted text end new text begin , new text end search for new text begin , notify, and engage new text end relatives as required
under section 260C.221; and

(2) new text begin a placement consistent with section 260C.212, subdivision 2, including new text end an
individualized determination deleted text begin as required under section 260C.212, subdivision 2, deleted text end new text begin of the
child's needs new text end to select a home that meets the needs of the child.

(c) If the court finds the agency has not made new text begin reasonable new text end efforts as required under section
260C.221, deleted text begin and deleted text end new text begin the court shall order the agency to make reasonable efforts. If new text end there is a
relative who qualifies to be licensed to provide family foster care under chapter 245A, the
court may order the child placed with the relative consistent with the child's best interests.

(d) If the agency's new text begin reasonable new text end efforts under section 260C.221 are found to be sufficient,
the court shall order the agency to continue to appropriately engage relatives who responded
to the notice under section 260C.221 in placement and case planning decisions and to
appropriately engage relatives who subsequently come to the agency's attention. new text begin A court
finding under this paragraph does not relieve the agency of further relative search,
engagement, and consideration requirements.
new text end

(e) If the child's birth parent or parents explicitly request that a new text begin specific new text end relative or
important friend not be considered, the court shall honor that request if it is consistent with
the best interests of the child and consistent with the requirements of section 260C.221. new text begin The
court shall not honor requests to waive relative search, notice, and consideration requirements,
unless section 260C.139 applies. new text end If the child's birth parent or parents express a preference
for placing the child in a foster or adoptive home of the same or a similar religious
background to that of the birth parent or parents, the court shall order placement of the child
with an individual who meets the birth parent's religious preference.

(f) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(g) Whenever possible, siblings requiring foster care placement deleted text begin should deleted text end new text begin shall new text end be placed
together unless it is determined not to be in the best interests of new text begin one or more of the new text end siblings
after weighing the benefits of separate placement against the benefits of sibling connections
for each sibling. If siblings were not placed together according to section 260C.212,
subdivision 2, paragraph (d), the responsible social services agency shall report to the court
the efforts made to place the siblings together and why the efforts were not successful. If
the court is not satisfied that the agency has made reasonable efforts to place siblings together,
the court must order the agency to make further reasonable efforts. If siblings are not placed
together, the court shall order the responsible social services agency to implement the plan
for visitation among siblings required as part of the out-of-home placement plan under
section 260C.212.

(h) This subdivision does not affect the Indian Child Welfare Act, United States Code,
title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections
260.751 to 260.835.

Sec. 9.

Minnesota Statutes 2019 Supplement, 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, it 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 for 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 new text begin
placement new text end consideration new text begin order new text end for relatives deleted text begin , deleted text end new text begin and new text end the best interest factors in section 260C.212,
subdivision 2 deleted text begin , paragraph (b) deleted text end , 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 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 which 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 child, as defined in Laws 1997,
chapter 239, article 10, section 2.

(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.

Sec. 10.

Minnesota Statutes 2019 Supplement, section 260C.201, subdivision 2, is amended
to read:

Subd. 2.

Written findings.

(a) Any order for a disposition authorized under this section
shall contain written findings of fact to support the disposition and case plan ordered and
shall also set forth in writing the following information:

(1) why the best interests and safety of the child are served by the disposition and case
plan ordered;

(2) what alternative dispositions or services under the case plan were considered by the
court and why such dispositions or services were not appropriate in the instant case;

(3) when legal custody of the child is transferred, the appropriateness of the particular
placement made or to be made by the placing agency using the new text begin relative and sibling placement
considerations and best interest new text end factors in section 260C.212, subdivision 2 deleted text begin , paragraph (b) deleted text end ,
or the appropriateness of a child colocated with a parent in a licensed residential family-based
substance use disorder treatment program under section 260C.190;

(4) whether reasonable efforts to finalize the permanent plan for the child consistent
with section 260.012 were made including reasonable efforts:

(i) to prevent the child's placement and to reunify the child with the parent or guardian
from whom the child was removed at the earliest time consistent with the child's safety.
The court's findings must include a brief description of what preventive and reunification
efforts were made and why further efforts could not have prevented or eliminated the
necessity of removal or that reasonable efforts were not required under section 260.012 or
260C.178, subdivision 1;

(ii) to identify and locate any noncustodial or nonresident parent of the child and to
assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to safely provide
day-to-day care of the child as required under section 260C.219, unless such services are
not required under section 260.012 or 260C.178, subdivision 1 new text begin . The court's findings must
include a brief description of the agency's efforts under this item, including efforts to engage
the noncustodial or nonresident parent in assuming care and responsibility of the child new text end ;

(iii) to make the diligent search for relatives and provide the notices required under
section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the
agency has made diligent efforts to conduct a relative search and has appropriately engaged
relatives who responded to the notice under section 260C.221 and other relatives, who came
to the attention of the agency after notice under section 260C.221 was sent, in placement
and case planning decisions fulfills the requirement of this item;

(iv) to identify and make a foster care placement in the home of deleted text begin an unlicensed relative,
according to the requirements of section 245A.035, a licensed relative deleted text end new text begin a relative or important
friend in consideration of the order specified under section 260C.212, subdivision 2,
paragraph (a) new text end , or other licensed foster care provider new text begin , new text end who will commit to being the permanent
legal parent or custodian for the child in the event reunification cannot occur, but who will
actively support the reunification plan for the child new text begin . If the court finds that the agency has
not appropriately considered relatives and important friends, the court shall order the agency
to comply with section 260C.212, subdivision 2, paragraph (a). The court may order the
agency to continue considering relatives and important friends regardless of the child's
current placement setting new text end ; and

(v) to place siblings together in the same home or to ensure visitation is occurring when
siblings are separated in foster care placement and visitation is in the siblings' best interests
under section 260C.212, subdivision 2, paragraph (d); and

(5) 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 mental disability or
emotional disturbance as defined in section 245.4871, subdivision 15, the written findings
shall also set forth:

(i) whether the child has mental health needs that must be addressed by the case plan;

(ii) what consideration was given to the diagnostic and functional assessments performed
by the child's mental health professional and to health and mental health care professionals'
treatment recommendations;

(iii) what consideration was given to the requests or preferences of the child's parent or
guardian with regard to the child's interventions, services, or treatment; and

(iv) what consideration was given to the cultural appropriateness of the child's treatment
or services.

(b) If the court finds that the social services agency's preventive or reunification efforts
have not been reasonable but that 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.

(c) If the child has been identified by the responsible social services agency as the subject
of concurrent permanency planning, the court shall review the reasonable efforts of the
agency to develop a permanency plan for the child that includes a primary plan which is
for reunification with the child's parent or guardian and a secondary plan which is for an
alternative, legally permanent home for the child in the event reunification cannot be achieved
in a timely manner.

Sec. 11.

Minnesota Statutes 2018, section 260C.202, is amended to read:

260C.202 COURT REVIEW OF FOSTER CARE.

(a) If the court orders a child placed in foster care, the court shall review the out-of-home
placement plan and the child's placement at least every 90 days as required in juvenile court
rules to determine whether continued out-of-home placement is necessary and appropriate
or whether the child should be returned home. This review is not required if the court has
returned the child home, ordered the child permanently placed away from the parent under
sections 260C.503 to 260C.521, or terminated rights under section 260C.301. Court review
for a child permanently placed away from a parent, including where the child is under
guardianship of the commissioner, shall be governed by section 260C.607.

(b) No later than three months after the child's placement in foster care, the court shall
review agency efforts new text begin to search for and notify relatives new text end pursuant to section 260C.221, and
order that the efforts new text begin begin immediately, or new text end continue new text begin , new text end if the agency has failed to perform new text begin ,
or not adequately performed, new text end the duties under that section. The court must order the agency
to continue to appropriately engage relatives who responded to the notice under section
260C.221 in placement and case planning decisions new text begin , new text end and to new text begin continue to consider relatives
for foster care placement unless and until the court has ruled out a specific relative for foster
care placement. Notwithstanding a court's finding that the agency has made reasonable
efforts to search for and notify relatives under section 260C.221, the court may order the
agency to continue making reasonable efforts to search for, notify, new text end engage deleted text begin other deleted text end new text begin , and consider new text end
relatives who came to the agency's attention after new text begin the initial new text end notice under section 260C.221
was sent.

(c) The court shall review the out-of-home placement plan and may modify the plan as
provided under section 260C.201, subdivisions 6 and 7.

(d) When the court orders transfer of custody to a responsible social services agency
resulting in foster care or protective supervision with a noncustodial parent under subdivision
1, the court shall notify the parents of the provisions of sections 260C.204 and 260C.503
to 260C.521, as required under juvenile court rules.

(e) When a child remains in or returns to foster care pursuant to section 260C.451 and
the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
court shall at least annually conduct the review required under section 260C.203.

Sec. 12.

Minnesota Statutes 2018, section 260C.203, is amended to read:

260C.203 ADMINISTRATIVE OR COURT REVIEW OF PLACEMENTS.

(a) Unless the court is conducting the reviews required under section 260C.202, there
shall be an administrative review of the out-of-home placement plan of each child placed
in foster care no later than 180 days after the initial placement of the child in foster care
and at least every six months thereafter if the child is not returned to the home of the parent
or parents within that time. The out-of-home placement plan must be monitored and updated
at each administrative review. The administrative review shall be conducted by the
responsible social services agency using a panel of appropriate persons at least one of whom
is not responsible for the case management of, or the delivery of services to, either the child
or the parents who are the subject of the review. The administrative review shall be open
to participation by the parent or guardian of the child and the child, as appropriate.

(b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan pursuant
to the procedure and standard in section 260C.201, subdivision 6, paragraph (d). The party
requesting review of the out-of-home placement plan shall give parties to the proceeding
notice of the request to review and update the out-of-home placement plan. A court review
conducted pursuant to section 260C.141, subdivision 2; 260C.193; 260C.201, subdivision
1; 260C.202; 260C.204; 260C.317; or 260D.06 shall satisfy the requirement for the review
so long as the other requirements of this section are met.

(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:

(1) the safety, permanency needs, and well-being of the child;

(2) the continuing necessity for and appropriateness of the placement new text begin , including whether
the placement is consistent with the child's best interests and relative and sibling placement
considerations under section 260C.212, subdivision 2 new text end ;

(3) the deleted text begin extent of compliance with deleted text end new text begin appropriateness of new text end the out-of-home placement plan new text begin ,
including services and resources that the agency has provided to the parent, services and
resources that other agencies and individuals have provided to the parent, and whether the
out-of-home placement plan is individualized to the needs of the parent and child new text end ;

(4) the extent of progress that has been made toward alleviating or mitigating the causes
necessitating placement in foster care;

(5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian;
and

(6) the appropriateness of the services provided to the child.

(d) When a child is age 14 or older:

(1) in addition to any administrative review conducted by the responsible social services
agency, at the in-court review required under section 260C.317, subdivision 3, clause (3),
or 260C.515, subdivision 5 or 6, the court shall review the independent living plan required
under section 260C.212, subdivision 1, paragraph (c), clause (12), and the provision of
services to the child related to the well-being of the child as the child prepares to leave foster
care. The review shall include the actual plans related to each item in the plan necessary to
the child's future safety and well-being when the child is no longer in foster care; and

(2) consistent with the requirements of the independent living plan, the court shall review
progress toward or accomplishment of the following goals:

(i) the child has obtained a high school diploma or its equivalent;

(ii) the child has completed a driver's education course or has demonstrated the ability
to use public transportation in the child's community;

(iii) the child is employed or enrolled in postsecondary education;

(iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;

(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;

(vi) the child has applied for and obtained disability income assistance for which the
child is eligible;

(vii) the child has obtained affordable housing with necessary supports, which does not
include a homeless shelter;

(viii) the child has saved sufficient funds to pay for the first month's rent and a damage
deposit;

(ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;

(x) the child, if male, has registered for the Selective Service; and

(xi) the child has a permanent connection to a caring adult.

Sec. 13.

Minnesota Statutes 2018, section 260C.204, is amended to read:

260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
CARE FOR SIX MONTHS.

(a) When a child continues in placement out of the home of the parent or guardian from
whom the child was removed, no later than six months after the child's placement the court
shall conduct a permanency progress hearing to review:

(1) the progress of the case, the parent's progress on the case plan or out-of-home
placement plan, whichever is applicable;

(2) the agency's reasonable, or in the case of an Indian child, active efforts for
reunification and its provision of services;

(3) the agency's reasonable efforts to finalize the permanent plan for the child under
section 260.012, paragraph (e), and to make a placement as required under section 260C.212,
subdivision 2, in a home that will commit to being the legally permanent family for the
child in the event the child cannot return home according to the timelines in this section;
and

(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
family and to make a placement according to the placement preferences under United States
Code, title 25, chapter 21, section 1915.

(b) The court shall ensure that notice of the hearing is sent to any relative who:

(1) responded to the agency's notice provided under section 260C.221, indicating an
interest in participating in planning for the child or being a permanency resource for the
child and who has kept the court apprised of the relative's address; or

(2) asked to be notified of court proceedings regarding the child as is permitted in section
260C.152, subdivision 5.

(c)(1) If the parent or guardian has maintained contact with the child and is complying
with the court-ordered out-of-home placement plan, and if the child would benefit from
reunification with the parent, the court may either:

(i) return the child home, if the conditions which led to the out-of-home placement have
been sufficiently mitigated that it is safe and in the child's best interests to return home; or

(ii) continue the matter up to a total of six additional months. If the child has not returned
home by the end of the additional six months, the court must conduct a hearing according
to sections 260C.503 to 260C.521.

(2) If the court determines that the parent or guardian is not deleted text begin complying deleted text end new text begin making progress
on, or engaging new text end with new text begin services in, new text end the out-of-home placement plan new text begin , new text end or is not maintaining
regular contact with the child as outlined in the visitation plan required as part of the
out-of-home placement plan under section 260C.212, the court may order the responsible
social services agency:

(i) to develop a plan for legally permanent placement of the child away from the parent;

(ii) to consider, identify, recruit, and support one or more permanency resources from
the child's relatives and foster parent new text begin , consistent with section 260C.212, subdivision 2,
paragraph (a), new text end to be the legally permanent home in the event the child cannot be returned
to the parent. Any relative or the child's foster parent may ask the court to order the agency
to consider them for permanent placement of the child in the event the child cannot be
returned to the parent. A relative or foster parent who wants to be considered under this
item shall cooperate with the background study required under section 245C.08, if the
individual has not already done so, and with the home study process required under chapter
245A for providing child foster care and for adoption under section 259.41. The home study
referred to in this item shall be a single-home study in the form required by the commissioner
of human services or similar study required by the individual's state of residence when the
subject of the study is not a resident of Minnesota. The court may order the responsible
social services agency to make a referral under the Interstate Compact on the Placement of
Children when necessary to obtain a home study for an individual who wants to be considered
for transfer of permanent legal and physical custody or adoption of the child; and

(iii) to file a petition to support an order for the legally permanent placement plan.

(d) Following the review under this section:

(1) if the court has either returned the child home or continued the matter up to a total
of six additional months, the agency shall continue to provide services to support the child's
return home or to make reasonable efforts to achieve reunification of the child and the parent
as ordered by the court under an approved case plan;

(2) if the court orders the agency to develop a plan for the transfer of permanent legal
and physical custody of the child to a relative, a petition supporting the plan shall be filed
in juvenile court within 30 days of the hearing required under this section and a trial on the
petition held within 60 days of the filing of the pleadings; or

(3) if the court orders the agency to file a termination of parental rights, unless the county
attorney can show cause why a termination of parental rights petition should not be filed,
a petition for termination of parental rights shall be filed in juvenile court within 30 days
of the hearing required under this section and a trial on the petition held within 60 days of
the filing of the petition.

Sec. 14.

Minnesota Statutes 2018, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan shall
be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document new text begin individualized to the
needs of the parent or parents or guardian and the child new text end which is prepared by the responsible
social services agency jointly with the parent or parents or guardian of the child and in
consultation with the child's guardian ad litem, the child's tribe, if the child is an Indian
child, the child's foster parent or representative of the foster care facility, and, where
appropriate, the child. When a child is age 14 or older, the child may include two other
individuals on the team preparing the child's out-of-home placement plan. The child may
select one member of the case planning team to be designated as the child's advisor and to
advocate with respect to the application of the reasonable and prudent parenting standards.
The responsible social services agency may reject an individual selected by the child if the
agency has good cause to believe that the individual would not act in the best interest of the
child. For a child in voluntary foster care for treatment under chapter 260D, preparation of
the out-of-home placement plan shall additionally include the child's mental health treatment
provider. For a child 18 years of age or older, the responsible social services agency shall
involve the child and the child's parents as appropriate. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
a representative of the child's tribe, the responsible social services agency, and, if possible,
the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how new text begin the agency
considered relatives and important friends for placement; how new text end the out-of-home placement
plan is designed to achieve a safe placement for the child in the least restrictive, most
family-like, setting available which is in close proximity to the home of the parent or parents
or guardian of the child when the case plan goal is reunification deleted text begin , deleted text end new text begin ; new text end and how the placement
is consistent with the best interests and special needs of the child according to the factors
under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate or
correct the problems or conditions identified in clause (2), and the time period during which
the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services
to be provided or offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if not,
the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize adoption as the permanency plan for the child through reasonable efforts
to place the child for adoption new text begin pursuant to section 260C.605 new text end . At a minimum, the
documentation must include consideration of whether adoption is in the best interests of
the child, new text begin and new text end child-specific recruitment efforts such as new text begin a new text end relative search new text begin , consideration of
relatives for adoptive placement, new text end and the use of state, regional, and national adoption
exchanges to facilitate orderly and timely placements in and outside of the state. A copy of
this documentation shall be provided to the court in the review required under section
260C.317, subdivision 3, paragraph (b);

(7) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize the transfer of permanent legal and physical custody to a relative as the
permanency plan for the child. This documentation must support the requirements of the
kinship placement agreement under section 256N.22 and must include the reasonable efforts
used to determine that it is not appropriate for the child to return home or be adopted, and
reasons why permanent placement with a relative through a Northstar kinship assistance
arrangement is in the child's best interest; how the child meets the eligibility requirements
for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
if applicable; and agency efforts to discuss with the child's parent or parents the permanent
transfer of permanent legal and physical custody or the reasons why these efforts were not
made;

(8) efforts to ensure the child's educational stability while in foster care for a child who
attained the minimum age for compulsory school attendance under state law and is enrolled
full time in elementary or secondary school, or instructed in elementary or secondary
education at home, or instructed in an independent study elementary or secondary program,
or incapable of attending school on a full-time basis due to a medical condition that is
documented and supported by regularly updated information in the child's case plan.
Educational stability efforts include:

(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another, including
efforts to work with the local education authorities to ensure the child's educational stability
and attendance; or

(ii) if it is not in the child's best interest to remain in the same school that the child was
enrolled in prior to placement or move from one placement to another, efforts to ensure
immediate and appropriate enrollment for the child in a new school;

(9) the educational records of the child including the most recent information available
regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(10) the efforts by the responsible social services agency to ensure the oversight and
continuity of health care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, shall be monitored and treated while the child is in foster care;

(iii) how the child's medical information shall be updated and shared, including the
child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals shall be
consulted and involved in assessing the health and well-being of the child and determine
the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through either
medical insurance or medical assistance;

(11) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable diseases
as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for medical
insurance or medical assistance;

(12) an independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's advisor and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14. The plan should include, but
not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;

(iv) money management, including the responsibility of the responsible social services
agency to ensure that the child annually receives, at no cost to the child, a consumer report
as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
in the report;

(v) planning for housing;

(vi) social and recreational skills;

(vii) establishing and maintaining connections with the child's family and community;
and

(viii) regular opportunities to engage in age-appropriate or developmentally appropriate
activities typical for the child's age group, taking into consideration the capacities of the
individual child;

(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes; and

(14) for a child 14 years of age or older, a signed acknowledgment that describes the
child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section 260C.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad litem. If unable
to employ counsel from their own resources, the court shall appoint counsel upon the request
of the parent or parents or the child or the child's legal guardian. The parent or parents may
also receive assistance from any person or social services agency in preparation of the case
plan.

After the plan has been agreed upon by the parties involved or approved or ordered by
the court, the foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with a
current copy of the child's health and education record.

Sec. 15.

Minnesota Statutes 2019 Supplement, section 260C.212, subdivision 2, is amended
to read:

Subd. 2.

Placement decisions based on best interests of the child.

(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child new text begin in consideration of paragraphs (a) to
(f), new text end and of how the selected placement will serve the new text begin current and future new text end needs of the child
being placed. The authorized child-placing agency shall place a child, released by court
order or by voluntary release by the parent or parents, in a family foster home selected by
considering placement with relatives and important friends in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption new text begin ,
including a legal parent, guardian, or custodian of the child's sibling new text end ; deleted text begin or
deleted text end

(2) with an individual who is an important friend with whom the child has resided or
had significant contact deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) with an individual who is an important friend of the child's parent, custodian, or legal
guardian.
new text end

For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.

(b) Among the factors the agency shall consider in determining the new text begin current and future
new text end needs of the child are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's deleted text begin relationship to current deleted text end new text begin past, present, and future relationships with new text end caretakers,
parents, siblings, and relatives;

(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and

(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a.

new text begin When placing a child in foster care or in a permanent placement based on an individualized
determination of the child's needs, the agency must not use one factor in paragraph (b) to
the exclusion of all others, and the agency shall consider that the factors in paragraph (b)
may be interrelated.
new text end

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is documented that a joint placement would be contrary to the safety or
well-being of any of the siblings or unless it is not possible after reasonable efforts by the
responsible social services agency. In cases where siblings cannot be placed together, the
agency is required to provide frequent visitation or other ongoing interaction between
siblings unless the agency documents that the interaction would be contrary to the safety
or well-being of any of the siblings.

(e) Except for emergency placement as provided for in section 245A.035, the following
requirements must be satisfied before the approval of a foster or adoptive placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child.

(f) The agency must determine whether colocation with a parent who is receiving services
in a licensed residential family-based substance use disorder treatment program is in the
child's best interests according to paragraph (b) and include that determination in the child's
case plan. The agency may consider additional factors not identified in paragraph (b). The
agency's determination must be documented in the child's case plan before the child is
colocated with a parent.

Sec. 16.

Minnesota Statutes 2018, section 260C.221, is amended to read:

260C.221 RELATIVE SEARCH new text begin AND ENGAGEMENT; PLACEMENT
CONSIDERATION new text end .

new text begin Subdivision 1. new text end

new text begin Relative search requirements. new text end

(a) The responsible social services agency
shall exercise due diligence to identify and notify adult relatives new text begin and current caregivers of
a child's sibling, new text end prior to placement or within 30 days after the child's removal from the
parent new text begin , notwithstanding placement of a child in the home of a relative, as required under
subdivision 2 new text end . deleted text begin The county agency shall consider placement with a relative under this section
without delay and whenever the child must move from or be returned to foster care. deleted text end The
relative search required by this section shall be comprehensive in scope. deleted text begin After a finding
that the agency has made reasonable efforts to conduct the relative search under this
paragraph, the agency has the continuing responsibility to appropriately involve relatives,
who have responded to the notice required under this paragraph, in planning for the child
and to continue to consider relatives according to the requirements of section 260C.212,
subdivision 2. At any time during the course of juvenile protection proceedings, the court
may order the agency to reopen its search for relatives when it is in the child's best interest
to do so.
deleted text end

(b) The relative search required by this section shall include both maternal and paternal
adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians
of the child's siblings; and any other adult relatives suggested by the child's parents, subject
to the exceptions due to family violence in new text begin subdivision 5, new text end paragraph deleted text begin (c) deleted text end new text begin (b) new text end . The search shall
also include getting information from the child in an age-appropriate manner about who the
child considers to be family members and important friends with whom the child has resided
or had significant contact. The relative search required under this section must fulfill the
agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the
breakup of the Indian family under United States Code, title 25, section 1912(d), and to
meet placement preferences under United States Code, title 25, section 1915.

new text begin (c) The responsible social services agency has a continuing responsibility to search for
and identify relatives of a child and send the required notice under subdivision 2, unless the
court has relieved the agency of this duty under subdivision 5, paragraph (e).
new text end

new text begin Subd. 2. new text end

new text begin Relative notice requirements. new text end

deleted text begin The deleted text end new text begin (a) new text end Relatives must be notified:

(1) of the need for a foster home for the child, the option to become a placement resource
for the child, new text begin the order of placement consideration under section 260C.212, subdivision 2,
paragraph (a), new text end and the possibility of the need for a permanent placement for the child;

(2) of their responsibility to keep the responsible social services agency and the court
informed of their current address in order to receive notice in the event that a permanent
placement is sought for the child and to receive notice of the permanency progress review
hearing under section 260C.204. A relative who fails to provide a current address to the
responsible social services agency and the court deleted text begin forfeits deleted text end new text begin may forfeit new text end the right to receive
notice of the possibility of permanent placement and of the permanency progress review
hearing under section 260C.204. A decision by a relative not to be identified as a potential
permanent placement resource or participate in planning for the child at the beginning of
the case shall not affect whether the relative is considered for placement of new text begin , or as a
permanency resource for, new text end the child with that relative later new text begin , and shall not be a basis for the
court to rule out that relative as a placement or permanency resource new text end ;

(3) that the relative may participate in the care and planning for the child, new text begin as specified
in subdivision 3, new text end including that the opportunity for such participation may be lost by failing
to respond to the notice sent under this subdivision deleted text begin . "Participate in the care and planning"
includes, but is not limited to, participation in case planning for the parent and child,
identifying the strengths and needs of the parent and child, supervising visits, providing
respite and vacation visits for the child, providing transportation to appointments, suggesting
other relatives who might be able to help support the case plan, and to the extent possible,
helping to maintain the child's familiar and regular activities and contact with friends and
relatives deleted text end ;

(4) of the family foster care licensing new text begin and adoption home study new text end requirements, including
how to complete an application and how to request a variance from licensing standards that
do not present a safety or health risk to the child in the home under section 245A.04 and
supports that are available for relatives and children who reside in a family foster home; deleted text begin
and
deleted text end

(5) of the relatives' right to ask to be notified of any court proceedings regarding the
child, to attend the hearings, and of a relative's right or opportunity to be heard by the court
as required under section 260C.152, subdivision 5 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) that regardless of the relative's response to the notice sent under this subdivision, the
agency is required to establish permanency for a child, including planning for alternative
permanency options should reunification efforts fail or not be required.
new text end

new text begin (b) Subject to the exceptions due to family violence under subdivision 5, paragraph (b),
the responsible social services agency shall send the notice required under paragraph (a) to
relatives who become known to the responsible social services agency, notwithstanding a
finding by the court that the agency has made reasonable efforts to conduct a relative search.
Relatives who become known to the responsible social services agency after an adoption
placement agreement has been fully executed according to section 260C.613, subdivision
1, shall be notified of their options under section 260C.607, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Relative engagement requirements. new text end

new text begin (a) Relatives who respond to the notice
under subdivision 2 have the right to participate in the care and planning for a child. This
includes but is not limited to the following:
new text end

new text begin (1) participation in case planning for the parent and child, including helping to identify
services and resources that meet the individualized needs of each parent, as applicable, and
the child. Participation in case planning may be in person or via phone call or other electronic
means, and shall not be limited based on prior inconsistent or nonexistent participation;
new text end

new text begin (2) identifying the strengths and needs of the parent and child;
new text end

new text begin (3) asking the responsible social services agency to consider the relative for placement
according to subdivision 4;
new text end

new text begin (4) acting as a support person for the parent or parents, the child, or the child's current
caregiver, or any combination of these individuals;
new text end

new text begin (5) supervising visits;
new text end

new text begin (6) providing respite and vacation visits for the child;
new text end

new text begin (7) providing transportation to appointments;
new text end

new text begin (8) suggesting other relatives who might be able to help support the case plan or be
considered for placement. The agency shall send notice to relatives identified in this way
according to subdivision 2, paragraph (b); and
new text end

new text begin (9) helping to maintain the child's familiar and regular activities and contact with friends
and relatives.
new text end

new text begin (b) The responsible social services agency shall make reasonable efforts to engage
relatives as required under this section. The court may conduct a review of the agency's
reasonable efforts to engage relatives upon request by a relative or other party to the
proceeding. If the court finds the agency did not make reasonable efforts to engage relatives,
the court may order the agency to make such efforts.
new text end

new text begin Subd. 4. new text end

new text begin Placement considerations. new text end

new text begin (a) The responsible social services agency shall
consider placement with a relative under this section without delay and whenever the child
enters foster care, must change foster care placement, is to be placed permanently away
from the child's parent, or is returned to foster care after permanency has been achieved.
Relatives shall be considered in the order specified in section 260C.212, subdivision 2,
paragraph (a).
new text end

new text begin (b) Relatives who request to be a placement option for a child in foster care have the
right to be considered for placement according to section 260C.212, subdivision 2, paragraph
(a), subject to the exceptions due to family violence under subdivision 5, paragraph (b).
new text end

new text begin (c) When adoption is the permanency goal, the responsible social services agency shall
consider adoptive placement with a relative in the order specified under section 260C.212,
subdivision 2, paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Data disclosure; court review. new text end

deleted text begin (c) deleted text end new text begin (a) new text end A responsible social services agency
may disclose private data, as defined in sections 13.02 and 626.556, to relatives of the child
for the purpose of locating and assessing a suitable placement and may use any reasonable
means of identifying and locating relatives including the Internet or other electronic means
of conducting a search. The agency shall disclose data that is necessary to facilitate possible
placement with relatives and to ensure that the relative is informed of the needs of the child
so the relative can participate in planning for the child and be supportive of services to the
child and family.

new text begin (b) new text end If the child's parent refuses to give the responsible social services agency information
sufficient to identify the maternal and paternal relatives of the child, the agency shall ask
the juvenile court to order the parent to provide the necessary information new text begin and shall use
other resources to identify the child's maternal and paternal relatives new text end . If a parent makes an
explicit request that a specific relative not be contacted or considered for placement due to
safety reasons including past family or domestic violence, the agency shall bring the parent's
request to the attention of the court to determine whether the parent's request is consistent
with the best interests of the child and the agency shall not contact the specific relative when
the juvenile court finds that contacting the specific relative would endanger the parent,
guardian, child, sibling, or any family member. new text begin A parent may not request, and a court shall
not order, a waiver of the relative search, notification, engagement, and consideration
requirements under this section, unless section 260C.139 applies.
new text end

new text begin (c) Notwithstanding chapter 13, the agency shall disclose data about particular relatives
identified, searched for, contacted, and considered for placement for the purposes of the
court's review of the agency's due diligence.
new text end

(d) At a regularly scheduled hearing not later than three months after the child's placement
in foster care and as required in section 260C.202, the agency shall report to the court:

(1) its efforts to identify maternal and paternal relatives of the child and to engage the
relatives in providing support for the child and family, and document that the relatives have
been provided the notice required under paragraph (a); and

(2) its decision regarding placing the child with a relative as required under section
260C.212, subdivision 2 deleted text begin , and to ask deleted text end new text begin . If it is not possible or appropriate to place the child
with a relative, the agency shall report this information to the court, including why placing
the child with a relative is not possible or appropriate and whether the agency asked and
engaged new text end relatives to visit or maintain contact with the child in order to support family
connections for the child deleted text begin , when placement with a relative is not possible or appropriate deleted text end .

deleted text begin (e) Notwithstanding chapter 13, the agency shall disclose data about particular relatives
identified, searched for, and contacted for the purposes of the court's review of the agency's
due diligence.
deleted text end

deleted text begin (f) deleted text end new text begin (e) new text end When the court is satisfied that the agency has exercised due diligence to identify
relatives and provide the notice required in deleted text begin paragraph (a) deleted text end new text begin subdivision 2 new text end , the court may find
that reasonable efforts have been made to conduct a relative search to identify and provide
notice to adult relatives as required under section 260.012, paragraph (e), clause (3). new text begin A
finding under this paragraph does not relieve the agency of ongoing relative engagement
and consideration requirements under this section. The agency has the continuing
responsibility to involve relatives who have responded to the notice required under
subdivision 2 in planning for the child, and to continue to consider relatives for placement
and permanency according to the requirements of section 260C.212, subdivision 2. At any
time during the course of juvenile protection proceedings, the court may order the agency
to reopen its search for relatives when it is in the child's best interests. The court may not
use a finding made under this paragraph as a basis for the court to rule out any or all relatives
for foster care or permanent placement.
new text end

new text begin (f) new text end If the court is not satisfied that the agency has exercised due diligence to identify
relatives and provide the notice required in deleted text begin paragraph (a) deleted text end new text begin subdivision 2 new text end , the court may order
the agency to continue its search and notice efforts and to report back to the court.

deleted text begin (g) When the placing agency determines that permanent placement proceedings are
necessary because there is a likelihood that the child will not return to a parent's care, the
agency must send the notice provided in paragraph (h), may ask the court to modify the
duty of the agency to send the notice required in paragraph (h), or may ask the court to
completely relieve the agency of the requirements of paragraph (h). The relative notification
requirements of paragraph (h) do not apply when the child is placed with an appropriate
relative or a foster home that has committed to adopting the child or taking permanent legal
and physical custody of the child and the agency approves of that foster home for permanent
placement of the child. The actions ordered by the court under this section must be consistent
with the best interests, safety, permanency, and welfare of the child.
deleted text end

deleted text begin (h) deleted text end new text begin (g) new text end Unless required under the Indian Child Welfare Act deleted text begin or relieved of this duty by
the court under paragraph (f) deleted text end , when the agency determines that it is necessary to prepare
for permanent placement determination proceedings, or in anticipation of filing a termination
of parental rights petition, the agency shall send notice to deleted text begin the deleted text end relatives, any adult with whom
the child is currently residing, any adult with whom the child has resided for one year or
longer in the past, and any adults who have maintained a relationship or exercised visitation
with the child as identified in the agency case plan. The notice must state that a permanent
home is sought for the child and that the individuals receiving the notice may indicate to
the agency their interest in providing a permanent home. The notice must state that within
30 days of receipt of the notice an individual receiving the notice must indicate to the agency
the individual's interest in providing a permanent home for the child deleted text begin or that the individual
may lose the opportunity to be considered for a permanent placement deleted text end . new text begin Failure to respond
to the notice is not a basis for ruling out an individual for permanent placement of the child.
new text end

Sec. 17.

Minnesota Statutes 2018, section 260C.605, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) Reasonable efforts to finalize the adoption of a child
under the guardianship of the commissioner shall be made by the responsible social services
agency responsible for permanency planning for the child.

(b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent who
will commit to being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made concurrently
with reasonable, or if the child is an Indian child, active efforts to reunify the child with the
parent.

(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under section
260C.204.

(d) Reasonable efforts to finalize the adoption of the child include:

(1) using age-appropriate engagement strategies to plan for adoption with the child new text begin ,
including considering the child's preference for an adoptive family new text end ;

(2) identifying an appropriate prospective adoptive parent for the child by updating the
child's identified needs using the factors in section 260C.212, subdivision 2;

(3) making an adoptive placement that meets the child's needs by:

(i) completing or updating the relative search required under section 260C.221 and giving
notice of the need for an adoptive home for the child to:

(A) relatives who have kept the agency or the court apprised of their whereabouts deleted text begin and
who have indicated an interest in adopting the child deleted text end ; or

(B) relatives of the child who are located in an updated search;

(ii) an updated search is required whenever:

(A) there is no identified prospective adoptive placement for the child notwithstanding
a finding by the court that the agency made diligent efforts under section 260C.221, in a
hearing required under section 260C.202;

(B) the child is removed from the home of an adopting parent; or

(C) the court determines a relative search by the agency is in the best interests of the
child;

(iii) engaging the child's new text begin relatives or current and former new text end foster deleted text begin parent and the child's
relatives identified as an adoptive resource during the search conducted under section
260C.221, deleted text end new text begin parents new text end to commit to being the prospective adoptive parent of the child new text begin , and
considering relatives and important friends for adoptive placement in the order specified
under section 260C.212, subdivision 2, paragraph (a) new text end ; or

(iv) when there is no identified prospective adoptive parent:

(A) registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;

(B) reviewing all families with approved adoption home studies associated with the
responsible social services agency;

(C) presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;

(D) using newspapers and other media to promote the particular child;

(E) using a private agency under grant contract with the commissioner to provide adoption
services for intensive child-specific recruitment efforts; and

(F) making any other efforts or using any other resources reasonably calculated to identify
a prospective adoption parent for the child;

(4) updating and completing the social and medical history required under sections
259.43 and 260C.609;

(5) making, and keeping updated, appropriate referrals required by section 260.851, the
Interstate Compact on the Placement of Children;

(6) giving notice regarding the responsibilities of an adoptive parent to any prospective
adoptive parent as required under section 259.35;

(7) offering the adopting parent the opportunity to apply for or decline adoption assistance
under chapter 259A;

(8) certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of payment
if the adopting parent has applied for adoption assistance;

(9) placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and

(10) working with the adopting parent to file a petition to adopt the child and with the
court administrator to obtain a timely hearing to finalize the adoption.

Sec. 18.

Minnesota Statutes 2018, section 260C.607, subdivision 2, is amended to read:

Subd. 2.

Notice.

Notice of review hearings shall be given by the court to:

(1) the responsible social services agency;

(2) the child, if the child is age ten and older;

(3) the child's guardian ad litem;

(4) counsel appointed for the child pursuant to section 260C.163, subdivision 3;

(5) relatives of the child who have kept the court informed of their whereabouts as
required in section 260C.221 and who have responded to the agency's notice under section
260C.221, deleted text begin indicating a willingness to provide an adoptive home for the child deleted text end unless the
relative has been previously ruled out by the court as a suitable deleted text begin foster parent or deleted text end permanency
resource for the child;

(6) the current foster or adopting parent of the child;

(7) any foster or adopting parents of siblings of the child; and

(8) the Indian child's tribe.

Sec. 19.

Minnesota Statutes 2018, section 260C.607, subdivision 5, is amended to read:

Subd. 5.

Required placement by responsible social services agency.

(a) No petition
for adoption shall be filed for a child under the guardianship of the commissioner unless
the child sought to be adopted has been placed for adoption with the adopting parent by the
responsible social services agency new text begin as required under section 260C.613, subdivision 1 new text end . The
court may order the agency to make an adoptive placement using standards and procedures
under subdivision 6.

(b) Any relative or the child's foster parent who believes the responsible agency has not
reasonably considered the relative's or foster parent's request to be considered for adoptive
placement as required under section 260C.212, subdivision 2, and who wants to be considered
for adoptive placement of the child shall bring a request for consideration to the attention
of the court during a review required under this section. The child's guardian ad litem and
the child may also bring a request for a relative or the child's foster parent to be considered
for adoptive placement. After hearing from the agency, the court may order the agency to
take appropriate action regarding the relative's or foster parent's request for consideration
under section 260C.212, subdivision 2, paragraph (b).

Sec. 20.

Minnesota Statutes 2018, section 260C.607, subdivision 6, is amended to read:

Subd. 6.

Motion and hearing to order adoptive placement.

(a) At any time after the
district court orders the child under the guardianship of the commissioner of human services,
but not later than 30 days after receiving notice required under section 260C.613, subdivision
1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's
foster parent may file a motion for an order for adoptive placement of a child who is under
the guardianship of the commissioner if the relative or the child's foster parent:

(1) has new text begin , or is in the process of obtaining, new text end an adoption home study under section new text begin 260C.611
or new text end 259.41 approving the relative or foster parent for adoption and has been a resident of
Minnesota for at least six months before filing the motion; the court may waive the residency
requirement for the moving party if there is a reasonable basis to do so; or

(2) is not a resident of Minnesota, but has new text begin , or is in the process of obtaining, new text end an approved
adoption home study by an agency licensed or approved to complete an adoption home
study in the state of the individual's residence deleted text begin and deleted text end new text begin ; if there is an approved adoption home
study in place, new text end the study deleted text begin is deleted text end new text begin must be new text end filed with the motion for adoptive placement.

(b) The motion shall be filed with the court conducting reviews of the child's progress
toward adoption under this section. The motion and supporting documents must make a
prima facie showing that the agency has been unreasonable in failing to make the requested
adoptive placement. The motion must be served according to the requirements for motions
under the Minnesota Rules of Juvenile Protection Procedure and shall be made on all
individuals and entities listed in subdivision 2.

(c) If the motion and supporting documents do not make a prima facie showing for the
court to determine whether the agency has been unreasonable in failing to make the requested
adoptive placement, the court shall dismiss the motion. If the court determines a prima facie
basis is made, the court shall set the matter for evidentiary hearing.

(d) At the evidentiary hearing, the responsible social services agency shall proceed first
with evidence about the reason for not making the adoptive placement proposed by the
moving party. new text begin The agency shall address how it considered relatives and important friends
in the order specified under section 260C.212, subdivision 2, for foster care and adoptive
placement and, if applicable, how the agency determined adoptive placement with an
individual who was not a relative or important friend was in the child's best interests. When
the child's current relationship to the identified adoptive placement resource is part of the
evidence presented by the agency, the court shall consider the agency's efforts to support
the child's relationship with the moving party. new text end The moving party then has the burden of
proving by a preponderance of the evidence that the agency has been unreasonable in failing
to make the adoptive placement.

new text begin (e) When determining whether the agency was unreasonable in failing to make the
adoptive placement, the court shall consider placement decision factors under section
260C.212, subdivision 2, and adoptive placement decision factors according to section
260C.613, subdivision 1, paragraph (b).
new text end

deleted text begin (e) deleted text end new text begin (f) new text end At the conclusion of the evidentiary hearing, if the court finds that the agency has
been unreasonable in failing to make the adoptive placement and that the deleted text begin relative or the
child's foster parent deleted text end new text begin moving party new text end is the most suitable adoptive home to meet the child's
needs using the factors in section 260C.212, subdivision 2, paragraph (b), the court may new text begin :
new text end

new text begin (1) new text end order the responsible social services agency to make an adoptive placement in the
home of the deleted text begin relative or the child's foster parent. deleted text end new text begin moving party, if the moving party has an
approved adoption home study; or
new text end

new text begin (2) order the responsible social services agency to place the child in the home of the
moving party upon approval of an adoption home study. The agency shall promote and
support ongoing visitation and contact with the moving party until the child is placed in the
moving party's home. The agency shall provide an update to the court after 90 days, including
progress and any barriers that the agency encountered. If the moving party does not obtain
an approved adoption home study within 180 days, the moving party and the agency shall
inform the court of any barriers to obtaining the approved adoption home study during a
review hearing under this section. If the court finds that the moving party cannot obtain an
approved adoption home study as a result of these barriers, the court shall dismiss the order
for adoptive placement under this subdivision and order the agency to continue making
reasonable efforts to finalize the adoption of the child as required under section 260C.605.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end If, in order to ensure that a timely adoption may occur, the court orders the
responsible social services agency to make an adoptive placement under this subdivision,
the agency shall:

(1) make reasonable efforts to obtain a fully executed adoption placement agreement new text begin ,
including providing assistance as needed in obtaining an approved adoption home study new text end ;

(2) work with the moving party regarding eligibility for adoption assistance as required
under chapter 259A; and

(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval
of the adoptive placement through the Interstate Compact on the Placement of Children.

deleted text begin (g) deleted text end new text begin (h) new text end Denial or granting of a motion for an order for adoptive placement after an
evidentiary hearing is an order which may be appealed by the responsible social services
agency, the moving party, the child, when age ten or over, the child's guardian ad litem,
and any individual who had a fully executed adoption placement agreement regarding the
child at the time the motion was filed if the court's order has the effect of terminating the
adoption placement agreement. An appeal shall be conducted according to the requirements
of the Rules of Juvenile Protection Procedure.

Sec. 21.

Minnesota Statutes 2018, section 260C.613, subdivision 1, is amended to read:

Subdivision 1.

Adoptive placement decisions.

(a) The responsible social services agency
has exclusive authority to make an adoptive placement of a child under the guardianship of
the commissioner. The child shall be considered placed for adoption when the adopting
parent, the agency, and the commissioner have fully executed an adoption placement
agreement on the form prescribed by the commissioner.

(b) The responsible social services agency shall use an individualized determination of
the child's current new text begin and future new text end needs new text begin , new text end pursuant to section 260C.212, subdivision 2, paragraph
(b), to determine the most suitable adopting parent for the child in the child's best interests. new text begin
The responsible social services agency shall consider adoptive placement with relatives and
important friends in the order specified under section 260C.212, subdivision 2, paragraph
(a).
new text end

(c) The responsible social services agency shall notify the court and parties entitled to
notice under section 260C.607, subdivision 2, when there is a fully executed adoption
placement agreement for the child.

(d) In the event an adoption placement agreement terminates, the responsible social
services agency shall notify the court, the parties entitled to notice under section 260C.607,
subdivision 2, and the commissioner that the agreement and the adoptive placement have
terminated.

Sec. 22.

Minnesota Statutes 2018, section 260C.613, subdivision 5, is amended to read:

Subd. 5.

Required record keeping.

The responsible social services agency shall
document, in the records required to be kept under section 259.79, the reasons for the
adoptive placement decision regarding the child, including the individualized determination
of the child's needs based on the factors in section 260C.212, subdivision 2, paragraph (b) deleted text begin , deleted text end new text begin ;
the agency's consideration of relatives and important friends in the order specified in section
260C.212, subdivision 2, paragraph (a); new text end and the assessment of how the selected adoptive
placement meets the identified needs of the child. The responsible social services agency
shall retain in the records required to be kept under section 259.79, copies of all out-of-home
placement plans made since the child was ordered under guardianship of the commissioner
and all court orders from reviews conducted pursuant to section 260C.607.

Sec. 23.

Minnesota Statutes 2019 Supplement, section 626.556, subdivision 2, is amended
to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence
or event which:

(1) is not likely to occur and could not have been prevented by exercise of due care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance with
the laws and rules relevant to the occurrence or event.

(b) "Commissioner" means the commissioner of human services.

(c) "Facility" means:

(1) a licensed or unlicensed day care facility, certified license-exempt child care center,
residential facility, agency, hospital, sanitarium, or other facility or institution required to
be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter
144H, 245D, or 245H;

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E;
or

(3) a nonlicensed personal care provider organization as defined in section 256B.0625,
subdivision 19a.

(d) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a child
maltreatment report that does not allege sexual abuse or substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family members
and the risk of subsequent maltreatment.

(e) "Investigation" means fact gathering related to the current safety of a child and the
risk of subsequent maltreatment that determines whether child maltreatment occurred and
whether child protective services are needed. An investigation must be used when reports
involve sexual abuse or substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed or certified under chapter 245A, 245D, or 245H; under
sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05,
subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider
association as defined in section 256B.0625, subdivision 19a.

(f) "Mental injury" means an injury to the psychological capacity or emotional stability
of a child as evidenced by an observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with due regard to the child's
culture.

(g) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the child's
physical or mental health when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been diagnosed by a physician and is due
to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements appropriate
for a child after considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the child's own basic
needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision
5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in good
faith selects and depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker,
or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of
medical care may cause serious danger to the child's health. This section does not impose
upon persons, not otherwise legally responsible for providing a child with necessary food,
clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision
2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in
the child at birth, results of a toxicology test performed on the mother at delivery or the
child at birth, medical effects or developmental delays during the child's first year of life
that medically indicate prenatal exposure to a controlled substance, or the presence of a
fetal alcohol spectrum disorder;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or person
responsible for the care of the child that adversely affects the child's basic needs and safety;
or

(9) emotional harm from a pattern of behavior which contributes to impaired emotional
functioning of the child which may be demonstrated by a substantial and observable effect
in the child's behavior, emotional response, or cognition that is not within the normal range
for the child's age and stage of development, with due regard to the child's culture.

(h) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's 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.

This definition only applies to child care centers licensed under Minnesota Rules, chapter
9503. If clauses (1) to (5) apply, rather than making a determination of substantiated
maltreatment by the individual, the commissioner of human services shall determine that a
nonmaltreatment mistake was made by the individual.

(i) "Operator" means an operator or agency as defined in section 245A.02.

(j) "Person responsible for the child's care" means (1) an individual functioning within
the family unit and having responsibilities for the care of the child such as a parent, guardian,
or other person having similar care responsibilities, or (2) an individual functioning outside
the family unit and having responsibilities for the care of the child such as a teacher, school
administrator, other school employees or agents, or other lawful custodian of a child having
either full-time or short-term care responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and coaching.

(k) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 125A.0942 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as allowed
by section 121A.582. Actions which are not reasonable and moderate include, but are not
limited to, any of the following:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child under 18
months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) striking a child who is at least age one but under age four on the face or head, which
results in an injury;

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the child
to medical procedures that would be unnecessary if the child were not exposed to the
substances;

(10) unreasonable physical confinement or restraint not permitted under section 609.379,
including but not limited to tying, caging, or chaining; or

(11) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is not
limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Report" means any communication received by the local welfare agency, police
department, county sheriff, or agency responsible for child protection pursuant to this section
that describes neglect or physical or sexual abuse of a child and contains sufficient content
to identify the child and any person believed to be responsible for the neglect or abuse, if
known.

new text begin (n) "Safety plan" means any written or oral plan that the agency makes with the child's
parent, guardian, or legal custodian; the child, if age- or developmentally appropriate;
relatives and important friends of the child or the child's parent, guardian, or legal custodian,
as appropriate; or that the court orders, which sets out the conditions necessary to keep the
child safe. The agency develops a safety plan, when required, after the agency conducts a
safety assessment. The plan may be part of a child protective services plan, out-of-home
placement plan, or reunification plan when the child leaves foster care.
new text end

deleted text begin (n) deleted text end new text begin (o) new text end "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in section
609.341, or by a person in a current or recent position of authority, as defined in section
609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal
sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in
the fourth degree), 609.3451 (criminal sexual conduct in the fifth degree), or 609.352
(solicitation of children to engage in sexual conduct; communication of sexually explicit
materials to children). Sexual abuse also includes any act which involves a minor which
constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246.
Sexual abuse includes all reports of known or suspected child sex trafficking involving a
child who is identified as a victim of sex trafficking. Sexual abuse includes child sex
trafficking as defined in section 609.321, subdivisions 7a and 7b. Sexual abuse includes
threatened sexual abuse which includes the status of a parent or household member who
has committed a violation which requires registration as an offender under section 243.166,
subdivision 1b, paragraph (a) or (b), or required registration under section 243.166,
subdivision 1b, paragraph (a) or (b).

deleted text begin (o) deleted text end new text begin (p) new text end "Substantial child endangerment" means a person responsible for a child's care,
by act or omission, commits or attempts to commit an act against a child under their care
that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's
physical or mental health, including a growth delay, which may be referred to as failure to
thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(7) solicitation, inducement, and promotion of prostitution under section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) solicitation of children to engage in sexual conduct under section 609.352;

(10) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;

(11) use of a minor in sexual performance under section 617.246; or

(12) parental behavior, status, or condition which mandates that the county attorney file
a termination of parental rights petition under section 260C.503, subdivision 2.

deleted text begin (p) deleted text end new text begin (q) new text end "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury
includes, but is not limited to, exposing a child to a person responsible for the child's care,
as defined in paragraph (j), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm, as defined in section 260C.007, subdivision 14, 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 has 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 has resulted in the involuntary transfer of permanent legal and
physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201,
subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law
of another jurisdiction.

A child is the subject of a report of threatened injury when the responsible social services
agency receives birth match data under paragraph (q) from the Department of Human
Services.

deleted text begin (q) deleted text end new text begin (r) new text end Upon receiving data under section 144.225, subdivision 2b, contained in a birth
record or recognition of parentage identifying a child who is subject to threatened injury
under paragraph (p), the Department of Human Services shall send the data to the responsible
social services agency. The data is known as "birth match" data. Unless the responsible
social services agency has already begun an investigation or assessment of the report due
to the birth of the child or execution of the recognition of parentage and the parent's previous
history with child protection, the agency shall accept the birth match data as a report under
this section. The agency may use either a family assessment or investigation to determine
whether the child is safe. All of the provisions of this section apply. If the child is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

deleted text begin (r) deleted text end new text begin (s) new text end Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious to the child's health, welfare,
and safety.

Sec. 24.

Minnesota Statutes 2018, section 626.556, subdivision 3, is amended to read:

Subd. 3.

Persons mandated to report; persons voluntarily reporting.

(a) A person
who knows or has reason to believe a child is being neglected or physically or sexually
abused, as defined in subdivision 2, or has been neglected or physically or sexually abused
within the preceding three years, shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department,
county sheriff, tribal social services agency, or tribal police department if the person is:

(1) a professional or professional's delegate deleted text begin who is deleted text end new text begin while new text end engaged in the practice of the
healing arts, social services, hospital administration, psychological or psychiatric treatment,
child care, education, correctional supervision, probation and correctional services, or law
enforcement; or

(2) employed as a member of the clergy and received the information while engaged in
ministerial duties, provided that a member of the clergy is not required by this subdivision
to report information that is otherwise privileged under section 595.02, subdivision 1,
paragraph (c).

(b) Any person may voluntarily report to the local welfare agency, agency responsible
for assessing or investigating the report, police department, county sheriff, tribal social
services agency, or tribal police department if the person knows, has reason to believe, or
suspects a child is being or has been neglected or subjected to physical or sexual abuse.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for licensing
or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16;
or chapter 144H, 245D, or 245H; or a nonlicensed personal care provider organization as
defined in section 256B.0625, subdivision 19a. A health or corrections agency receiving a
report may request the local welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees perform work within a school
facility, upon receiving a complaint of alleged maltreatment, shall provide information about
the circumstances of the alleged maltreatment to the commissioner of education. Section
13.03, subdivision 4, applies to data received by the commissioner of education from a
licensing entity.

(d) Notification requirements under subdivision 10 apply to all reports received under
this section.

(e) For purposes of this section, "immediately" means as soon as possible but in no event
longer than 24 hours.

ARTICLE 4

DEPARTMENT OF HEALTH POLICY

Section 1.

Minnesota Statutes 2018, section 13.461, subdivision 16, is amended to read:

Subd. 16.

new text begin State infant and child safety action and new text end child mortality review deleted text begin panel deleted text end new text begin
panels new text end .

(a) Data practices of the commissioner of human services as part of the deleted text begin child mortality
review deleted text end new text begin state child safety action new text end panel are governed by section 256.01, subdivision 12.

(b) For American Indian tribes with established child mortality review panels, access to
data in section 256.01, subdivision 12, is governed by section 256.01, subdivision 14b,
paragraph (g).

Sec. 2.

Minnesota Statutes 2019 Supplement, section 62U.04, subdivision 4, is amended
to read:

Subd. 4.

Encounter data.

(a) deleted text begin Beginning July 1, 2009, and every six months thereafter, deleted text end
All health plan companies and third-party administrators shall submit encounter data new text begin ,
including for dental encounters, on a monthly basis new text end to a private entity designated by the
commissioner of health. The data shall be submitted in a form and manner specified by the
commissioner subject to the following requirements:

(1) the data must be de-identified data as described under the Code of Federal Regulations,
title 45, section 164.514;

(2) the data for each encounter must include an identifier for the patient's health care
home if the patient has selected a health care home and, for claims incurred on or after
January 1, 2019, data deemed necessary by the commissioner to uniquely identify claims
in the individual health insurance market; deleted text begin and
deleted text end

(3) except for the identifier described in clause (2), the data must not include information
that is not included in a health care claim or equivalent encounter information transaction
that is required under section 62J.536 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) beginning with encounters on or after January 1, 2021, the commissioner may collect
data on dental services.
new text end

(b) The commissioner or the commissioner's designee shall only use the data submitted
under paragraph (a) to carry out the commissioner's responsibilities in this section, including
supplying the data to providers so they can verify their results of the peer grouping process
consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d),
and adopted by the commissioner and, if necessary, submit comments to the commissioner
or initiate an appeal.

(c) Data on providers collected under this subdivision are private data on individuals or
nonpublic data, as defined in section 13.02. Notwithstanding the definition of summary data
in section 13.02, subdivision 19, summary data prepared under this subdivision may be
derived from nonpublic data. The commissioner or the commissioner's designee shall
establish procedures and safeguards to protect the integrity and confidentiality of any data
that it maintains.

(d) The commissioner or the commissioner's designee shall not publish analyses or
reports that identify, or could potentially identify, individual patients.

(e) The commissioner shall compile summary information on the data submitted under
this subdivision. The commissioner shall work with its vendors to assess the data submitted
in terms of compliance with the data submission requirements and the completeness of the
data submitted by comparing the data with summary information compiled by the
commissioner and with established and emerging data quality standards to ensure data
quality.

Sec. 3.

Minnesota Statutes 2018, section 62U.04, subdivision 5, is amended to read:

Subd. 5.

Pricing data.

(a) deleted text begin Beginning July 1, 2009, and annually on January 1 thereafter, deleted text end
All health plan companies and third-party administrators shall submit data on their contracted
prices with health care providers new text begin on a monthly basis new text end to a private entity designated by the
commissioner of health for the purposes of performing the analyses required under this
subdivision. The data shall be submitted in the form and manner specified by the
commissioner of health.

(b) The commissioner or the commissioner's designee shall only use the data submitted
under this subdivision to carry out the commissioner's responsibilities under this section,
including supplying the data to providers so they can verify their results of the peer grouping
process consistent with the recommendations developed pursuant to subdivision 3c, paragraph
(d), and adopted by the commissioner and, if necessary, submit comments to the
commissioner or initiate an appeal.

(c) Data collected under this subdivision are nonpublic data as defined in section 13.02.
Notwithstanding the definition of summary data in section 13.02, subdivision 19, summary
data prepared under this section may be derived from nonpublic data. The commissioner
shall establish procedures and safeguards to protect the integrity and confidentiality of any
data that it maintains.

Sec. 4.

Minnesota Statutes 2018, section 62U.04, subdivision 11, is amended to read:

Subd. 11.

Restricted uses of the all-payer claims data.

(a) Notwithstanding subdivision
4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the commissioner's
designee shall only use the data submitted under subdivisions 4 and 5 for the following
purposes:

(1) to evaluate the performance of the health care home program as authorized under
sections 256B.0751, subdivision 6, and 256B.0752, subdivision 2;

(2) to study, in collaboration with the reducing avoidable readmissions effectively
(RARE) campaign, hospital readmission trends and rates;

(3) to analyze variations in health care costs, quality, utilization, and illness burden based
on geographical areas or populations;

(4) to evaluate the state innovation model (SIM) testing grant received by the Departments
of Health and Human Services, including the analysis of health care cost, quality, and
utilization baseline and trend information for targeted populations and communities; and

(5) to compile one or more public use files of summary data or tables that must:

(i) be available to the public for no or minimal cost by March 1, 2016, and available by
web-based electronic data download by June 30, 2019;

(ii) not identify individual patients, payers, or providers;

(iii) be updated by the commissioner, at least annually, with the most current data
available;

(iv) contain clear and conspicuous explanations of the characteristics of the data, such
as the dates of the data contained in the files, the absence of costs of care for uninsured
patients or nonresidents, and other disclaimers that provide appropriate context; and

(v) not lead to the collection of additional data elements beyond what is authorized under
this section as of June 30, 2015.

(b) The commissioner may publish the results of the authorized uses identified in
paragraph (a) so long as the data released publicly do not contain information or descriptions
in which the identity of individual hospitals, clinics, or other providers may be discerned.

(c) Nothing in this subdivision shall be construed to prohibit the commissioner from
using the data collected under subdivision 4 to complete the state-based risk adjustment
system assessment due to the legislature on October 1, 2015.

(d) The commissioner or the commissioner's designee may use the data submitted under
subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until July 1,
2023.

(e) The commissioner shall consult with the all-payer claims database work group
established under subdivision 12 regarding the technical considerations necessary to create
the public use files of summary data described in paragraph (a), clause (5).

new text begin (f) In addition to other stakeholders, the commissioner shall consult with Minnesota's
Tribal Nations and other communities affected by health inequities about how to ensure
that the data collected in subdivisions 4 and 5 can be an effective tool to help address health
care challenges relevant to those communities.
new text end

Sec. 5.

Minnesota Statutes 2018, section 62U.04, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Access to data. new text end

new text begin (a) Notwithstanding subdivision 11, the commissioner may
grant access to the data submitted under subdivisions 4 and 5 to qualified users who
demonstrate that a research proposal has the potential to improve health, health care, or
public health outcomes for Minnesota residents.
new text end

new text begin (b) To implement paragraph (a), the commissioner must:
new text end

new text begin (1) develop guidance about the application process for potential new data users and
communicate it publicly;
new text end

new text begin (2) establish an application and selection process and determine information that will
be available to potential data users;
new text end

new text begin (3) develop policies for accessing data, including limits concerning the detail of data
available to data users, requirements for accessing the data securely, appropriate oversight
practices and procedures, and requirements to ensure that results of research proposals
approved under this section are made available to the public;
new text end

new text begin (4) establish requirements for data users to publicly release findings from the user's work
in a manner established by the commissioner;
new text end

new text begin (5) execute data use agreements with selected data users that: (i) ensure compliance with
the provisions in subdivisions 4, paragraph (c), and 5, paragraph (c); (ii) define the terms
and conditions of data access; and (iii) articulate requirements, formats, and review processes
for releasing findings from authorized research projects; and
new text end

new text begin (6) consult with the data access advisory group established in subdivision 14 regarding
the submission, evaluation, and selection of applicants.
new text end

Sec. 6.

Minnesota Statutes 2018, section 62U.04, is amended by adding a subdivision to
read:

new text begin Subd. 14. new text end

new text begin Minnesota all-payer claims database data access advisory group. new text end

new text begin (a) The
commissioner of health shall convene a data access advisory group to assist with
implementing the provisions in subdivision 13, including:
new text end

new text begin (1) developing criteria for granting access to data and a submission process;
new text end

new text begin (2) reviewing proposals;
new text end

new text begin (3) advising on the selection of potential data users based on priorities, available
resources, and the potential to improve health care or public health outcomes;
new text end

new text begin (4) informing the level of detail at which the data shall be available to data users; and
new text end

new text begin (5) reviewing draft and final materials for publication in order to assess if the release of
information is consistent with the statutory purpose and research best practices.
new text end

new text begin (b) The commissioner shall appoint members to the advisory group who have knowledge
and demonstrated expertise in health care economics, health services research, health care
financing, health insurance, disease epidemiology, public health, claims data analysis,
clinical care, or other relevant topics.
new text end

Sec. 7.

new text begin [115.742] ADVISORY COUNCIL ON WATER SUPPLY SYSTEMS AND
WASTEWATER TREATMENT FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose; membership. new text end

new text begin The Advisory Council on Water Supply Systems
and Wastewater Treatment Facilities advises the commissioners of health and the Pollution
Control Agency regarding classification of water supply systems and wastewater treatment
facilities; qualifications and competency evaluation of water supply system operators and
wastewater treatment facility operators; and additional laws, rules, and procedures that may
be desirable for regulating the operation of water supply systems and wastewater treatment
facilities. The advisory council is composed of 11 voting members, of whom:
new text end

new text begin (1) one member must be from the Department of Health, Division of Environmental
Health, appointed by the commissioner of health;
new text end

new text begin (2) one member must be from the Pollution Control Agency, appointed by the
commissioner of the Pollution Control Agency;
new text end

new text begin (3) three members must be certified water supply system operators, appointed by the
commissioner of health, one of whom must represent a nonmunicipal community water
system or a nontransient noncommunity water system;
new text end

new text begin (4) three members must be certified wastewater treatment facility operators, appointed
by the commissioner of the Pollution Control Agency;
new text end

new text begin (5) one member must be a representative from an organization representing municipalities,
appointed by the commissioner of health with the concurrence of the commissioner of the
Pollution Control Agency; and
new text end

new text begin (6) two members must be members of the public who are not associated with water
supply systems or wastewater treatment facilities, one appointed by the commissioner of
health and one appointed by the commissioner of the Pollution Control Agency.
Consideration should be given to one of these members being a representative of academia
knowledgeable in water or wastewater matters.
new text end

new text begin Subd. 2. new text end

new text begin Members; geographic representation. new text end

new text begin At least one of the water supply system
operators and at least one of the wastewater treatment facility operators must be from outside
the seven-county metropolitan area and one wastewater operator must come from the
Metropolitan Council.
new text end

new text begin Subd. 3. new text end

new text begin Terms; compensation. new text end

new text begin The terms of the appointed members and the
compensation and removal of all members are governed by section 15.059.
new text end

new text begin Subd. 4. new text end

new text begin Officers. new text end

new text begin When new members are appointed to the council, a chair must be
elected at the next council meeting. The Department of Health representative serves as
secretary of the council.
new text end

Sec. 8.

Minnesota Statutes 2018, section 145.901, is amended to read:

145.901 new text begin FETAL, INFANT, CHILD, AND new text end MATERNAL DEATH STUDIES.

Subdivision 1.

Purpose.

The commissioner of health may conduct new text begin fetal, infant, child,
and new text end maternal death studies to assist the planning, implementation, and evaluation of medical,
health, and welfare service systems and to reduce the numbers of preventable new text begin fetal, infant,
child, and new text end maternal deaths in Minnesota.

Subd. 2.

Access to data.

(a) The commissioner of health has access to medical data as
defined in section 13.384, subdivision 1, paragraph (b), medical examiner data as defined
in section 13.83, subdivision 1, and health records created, maintained, or stored by providers
as defined in section 144.291, subdivision 2, paragraph deleted text begin (h) deleted text end new text begin (c) new text end , without the consent of the
subject of the data, and without the consent of the parent, spouse, other guardian, or legal
representative of the subject of the data, when the subject of the data is new text begin :
new text end

new text begin (1) a live-born infant who died within the first year of life;
new text end

new text begin (2) a child who dies of causes unrelated to child maltreatment before the age of 18;
new text end

new text begin (3) a fetal death that meets the reporting criteria required in section 144.222;
new text end

new text begin (4) new text end a woman who died during a pregnancy or within 12 months of a fetal death, a live
birth, or other termination of a pregnancy new text begin ; or
new text end

new text begin (5) the biological mother of a fetus or infant or child as described in clause (1) or (2) new text end .

The commissioner has access only to medical data and health records related to new text begin fetal, infant,
child, or maternal new text end deaths that occur on or after July 1, 2000 new text begin , including the names of the
providers and health care entities or clinics where care was received before, during, or
relating to the pregnancy or death of the woman or infant. The commissioner has access to
records maintained by the medical examiner, coroner, or hospitals for the purpose of
providing the name and location of any prepregnancy, prenatal, postpartum, or pediatric
care received by the subject of the data new text end .

(b) The provider or responsible authority that creates, maintains, or stores the data shall
furnish the data upon the request of the commissioner. The provider or responsible authority
may charge a fee for providing the data, not to exceed the actual cost of retrieving and
duplicating the data.

(c) The commissioner shall make a good faith reasonable effort to notify the parent,
spouse, other guardian, or legal representative of the subject of the data before collecting
data on the subject. For purposes of this paragraph, "reasonable effort" means one notice
is sent by certified mail to the last known address of the parent, spouse, guardian, or legal
representative informing the recipient of the data collection and offering a public health
nurse support visit if desired.

(d) The commissioner does not have access to coroner or medical examiner data that
are part of an active investigation as described in section 13.83.

new text begin (e) The commissioner may request and receive from the coroner or medical examiner
the name of the health care provider who provided prenatal, postpartum, pediatric, or other
health services to the woman or infant.
new text end

new text begin (f) The commissioner shall have access to Department of Human Services data to identify
sources of care and services to assist with evaluating welfare systems to reduce preventable
deaths.
new text end

Subd. 3.

Management of records.

After the commissioner has collected all data about
a subject of a new text begin fetal, infant, child, or new text end maternal death study needed to perform the study, the
data from source records obtained under subdivision 2, other than data identifying the
subject, must be transferred to separate records to be maintained by the commissioner.
Notwithstanding section 138.17, after the data have been transferred, all source records
obtained under subdivision 2 possessed by the commissioner must be destroyed.

Subd. 4.

Classification of data.

(a) Data provided to the commissioner from source
records under subdivision 2, including identifying information on individual providers, data
subjects, or their children, and data derived by the commissioner under subdivision 3 for
the purpose of carrying out maternal death studies, are classified as confidential data on
individuals or confidential data on decedents, as defined in sections 13.02, subdivision 3,
and 13.10, subdivision 1, paragraph (a).

(b) Information classified under paragraph (a) shall not be subject to discovery or
introduction into evidence in any administrative, civil, or criminal proceeding. Such
information otherwise available from an original source shall not be immune from discovery
or barred from introduction into evidence merely because it was utilized by the commissioner
in carrying out maternal death studies.

(c) Summary data on new text begin fetal, infant, child, and new text end maternal death studies created by the
commissioner, which does not identify individual data subjects or individual providers,
shall be public in accordance with section 13.05, subdivision 7.

new text begin (d) Data shared between the commissioner of health and the commissioner of human
services retains its original classification.
new text end

new text begin Subd. 5. new text end

new text begin Fetal, infant, and child mortality reviews. new text end

new text begin The commissioner of health must
convene case review teams to conduct death study reviews, make recommendations, and
publicly share summary information, especially for racial and ethnic groups, including
American Indians, that experience significantly disparate rates of fetal and infant mortality.
The case review teams must include subject matter experts, appropriate state agencies, and
individuals from the communities with disparate rates. The case review teams will review
data from source records obtained under subdivision 2, other than data identifying the subject
or the provider. Every three years beginning December 1, 2021, the case review teams will
provide findings to the Maternal and Child Health Task Force and the commissioner from
review of fetal, infant, and child deaths and provide specific recommendations designed to
reduce disparities in fetal, infant, and child deaths.
new text end

Sec. 9.

new text begin [145.9295] COMMUNITY-BASED OPIOID AND OTHER DRUG ABUSE
PREVENTION GRANT PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Community pilot prevention projects. new text end

new text begin The commissioner shall establish
a grant program to fund community opioid abuse prevention pilot grants to reduce health
care provider visits resulting from opioid use and the rates of opioid addiction in the
community through the following means:
new text end

new text begin (1) establishing multidisciplinary controlled substance care teams that may consist of
physicians, pharmacists, social workers, nurse care coordinators, and mental health
professionals;
new text end

new text begin (2) delivering, through the controlled substance care teams of clause (1), health care
services and care coordination to reduce inappropriate use of opioids by patients and rates
of opioid addiction;
new text end

new text begin (3) addressing unmet social service needs that create barriers to managing pain effectively
and obtaining optimal health outcomes;
new text end

new text begin (4) providing prescriber and dispenser education and assistance to reduce inappropriate
prescribing and dispensing of opioids;
new text end

new text begin (5) promoting the adoption of best practices related to opioid disposal and reducing
opportunities for illegal access to opioids; and
new text end

new text begin (6) engaging partners outside of the health care system, including, but not limited to,
schools, law enforcement, and social services, to address root causes of opioid abuse and
addiction at the community level.
new text end

new text begin Subd. 2. new text end

new text begin Culture as health; preventing disparities. new text end

new text begin The commissioner shall establish
a grant program to fund organizations working directly with urban American Indians,
including the homeless, African Americans, and Minnesota's 11 Tribal Nations. Tribal
governments must determine how to best use allocated funds to address and prevent substance
use disorder and overdoses within their communities.
new text end

Sec. 10.

Minnesota Statutes 2018, section 152.25, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Cannabis seed-to-sale tracking system. new text end

new text begin (a) The commissioner shall establish
and maintain a seed-to-sale electronic database to monitor manufacturers' medical cannabis
from the manufacturer's seed source through its cultivation, processing, testing, and
distribution. The commissioner may contract with a separate entity to establish and maintain
all or any part of the seed-to-sale database.
new text end

new text begin (b) The seed-to-sale database shall allow for information regarding medical cannabis to
be updated instantaneously. A manufacturer or third-party laboratory licensed under this
chapter shall submit to the commissioner any information the commissioner determines is
necessary for maintaining the seed-to-sale database.
new text end

Sec. 11.

Minnesota Statutes 2019 Supplement, section 152.29, subdivision 1, is amended
to read:

Subdivision 1.

Manufacturer; requirements.

(a) A manufacturer shall operate eight
distribution facilities, which may include the manufacturer's single location for cultivation,
harvesting, manufacturing, packaging, and processing but is not required to include that
location. The commissioner shall designate the geographical service areas to be served by
each manufacturer based on geographical need throughout the state to improve patient
access. A manufacturer shall not have more than two distribution facilities in each
geographical service area assigned to the manufacturer by the commissioner. A manufacturer
shall operate only one location where all cultivation, harvesting, manufacturing, packaging,
and processing of medical cannabis shall be conducted. This location may be one of the
manufacturer's distribution facility sites. The additional distribution facilities may dispense
medical cannabis and medical cannabis products but may not contain any medical cannabis
in a form other than those forms allowed under section 152.22, subdivision 6, and the
manufacturer shall not conduct any cultivation, harvesting, manufacturing, packaging, or
processing at the other distribution facility sites. Any distribution facility operated by the
manufacturer is subject to all of the requirements applying to the manufacturer under sections
152.22 to 152.37, including, but not limited to, security and distribution requirements.

(b) A manufacturer may acquire hemp grown in this state from a hemp grower. A
manufacturer may manufacture or process hemp into an allowable form of medical cannabis
under section 152.22, subdivision 6. Hemp acquired by a manufacturer under this paragraph
is subject to the same quality control program, security and testing requirements, and other
requirements that apply to medical cannabis under sections 152.22 to 152.37 and Minnesota
Rules, chapter 4770.

(c) A medical cannabis manufacturer shall contract with a laboratory approved by the
commissioner, subject to any additional requirements set by the commissioner, for purposes
of testing medical cannabis manufactured or hemp acquired by the medical cannabis
manufacturer as to content, contamination, and consistency to verify the medical cannabis
meets the requirements of section 152.22, subdivision 6. new text begin The laboratory must send its final
testing results directly to the seed-to-sale electronic database established in section 152.25,
subdivision 5. new text end The cost of laboratory testing shall be paid by the manufacturer.

(d) The operating documents of a manufacturer must include:

(1) procedures for the oversight of the manufacturer and procedures to ensure accurate
record keeping;

(2) procedures for the implementation of appropriate security measures to deter and
prevent the theft of medical cannabis and unauthorized entrance into areas containing medical
cannabis; and

(3) procedures for the delivery and transportation of hemp between hemp growers and
manufacturers.

(e) A manufacturer shall implement security requirements, including requirements for
the delivery and transportation of hemp, protection of each location by a fully operational
security alarm system, facility access controls, perimeter intrusion detection systems, and
a personnel identification system.

(f) A manufacturer shall not share office space with, refer patients to a health care
practitioner, or have any financial relationship with a health care practitioner.

(g) A manufacturer shall not permit any person to consume medical cannabis on the
property of the manufacturer.

(h) A manufacturer is subject to reasonable inspection by the commissioner.

(i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not
subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151.

(j) A medical cannabis manufacturer may not employ any person who is under 21 years
of age or who has been convicted of a disqualifying felony offense. An employee of a
medical cannabis manufacturer must submit a completed criminal history records check
consent form, a full set of classifiable fingerprints, and the required fees for submission to
the Bureau of Criminal Apprehension before an employee may begin working with the
manufacturer. The bureau must conduct a Minnesota criminal history records check and
the superintendent is authorized to exchange the fingerprints with the Federal Bureau of
Investigation to obtain the applicant's national criminal history record information. The
bureau shall return the results of the Minnesota and federal criminal history records checks
to the commissioner.

(k) A manufacturer may not operate in any location, whether for distribution or
cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a
public or private school existing before the date of the manufacturer's registration with the
commissioner.

(l) A manufacturer shall comply with reasonable restrictions set by the commissioner
relating to signage, marketing, display, and advertising of medical cannabis.

(m) Before a manufacturer acquires hemp from a hemp grower, the manufacturer must
verify that the hemp grower has a valid license issued by the commissioner of agriculture
under chapter 18K.

new text begin (n) A manufacturer must use the seed-to-sale electronic database established in section
152.25, subdivision 5, to trace all data relating to plant, extract formulation, medical cannabis,
laboratory testing results, and distribution records in the manufacturer's inventory and all
distribution of medical cannabis to registered patients or the patients' caregivers. In addition
to other inventory reconciliation requirements in law, a manufacturer shall reconcile its
physical medical cannabis inventory with the records in the centralized database at least
once every 30 calendar days. If a manufacturer finds a discrepancy between its physical
inventory and the seed-to-sale database, the manufacturer must notify the commissioner
immediately, conduct an audit, and report the findings to the commissioner within two
business days of finding the discrepancy.
new text end

Sec. 12.

Minnesota Statutes 2018, section 152.35, is amended to read:

152.35 FEES; DEPOSIT OF REVENUE.

(a) The commissioner shall collect an enrollment fee of $200 from patients enrolled
under this section. If the patient deleted text begin attests to deleted text end new text begin provides evidence of new text end receiving Social Security
disability new text begin insurance (SSDI) new text end , Supplemental Security deleted text begin Insurance deleted text end new text begin Income (SSI), veterans
disability or railroad disability new text end payments, or being enrolled in medical assistance or
MinnesotaCare, then the fee shall be $50. new text begin For the purposes of this section, a person is
considered to receive SSDI if the person was receiving SSDI at the time the person was
transitioned to retirement benefits by the United States Social Security Administration. new text end The
fees shall be payable annually and are due on the anniversary date of the patient's enrollment.
The fee amount shall be deposited in the state treasury and credited to the state government
special revenue fund.

(b) The commissioner shall collect an application fee of $20,000 from each entity
submitting an application for registration as a medical cannabis manufacturer. Revenue
from the fee shall be deposited in the state treasury and credited to the state government
special revenue fund.

(c) The commissioner shall establish and collect an annual fee from a medical cannabis
manufacturer equal to the cost of regulating and inspecting the manufacturer in that year.
Revenue from the fee amount shall be deposited in the state treasury and credited to the
state government special revenue fund.

(d) A medical cannabis manufacturer may charge patients enrolled in the registry program
a reasonable fee for costs associated with the operations of the manufacturer. The
manufacturer may establish a sliding scale of patient fees based upon a patient's household
income and may accept private donations to reduce patient fees.

Sec. 13.

Minnesota Statutes 2018, section 256.01, subdivision 12, is amended to read:

Subd. 12.

Child deleted text begin mortality review deleted text end new text begin and infant safety action new text end panel.

(a) The commissioner
shall establish a deleted text begin child mortality review deleted text end new text begin state child and infant safety action new text end panel to review
deleted text begin deaths of children deleted text end new text begin fetal, infant, stillborn infant, and child deaths new text end in Minnesota deleted text begin , including
deaths deleted text end attributed to maltreatment or in which maltreatment may be a contributing cause and
to review near fatalities as defined in section 626.556, subdivision 11d. deleted text begin The commissioners
of health, education, 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.
deleted text end

(b) The commissioner may deleted text begin require a county agency to establish a local child mortality
review panel. The commissioner may deleted text end establish procedures new text begin that allow new text end for deleted text begin conducting deleted text end new text begin a local
agency to conduct new text end local new text begin infant and child mortality new text end reviews and may require that all
professionals with knowledge of deleted text begin a deleted text end new text begin an infant or new text end 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, new text begin
public health, new text end 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 new text begin child and infant safety action panel new text end 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 new text begin the state child and infant safety action panel or new text end a local deleted text begin or state deleted text end 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 deleted text begin is deleted text end new text begin are new text end not subject to subpoena or discovery new text begin in administrative, civil,
or criminal proceedings new text end . The commissioner may disclose conclusions of the new text begin action or new text end 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 626.556, subdivision 11d, 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 new text begin state child and infant safety action panel or local new text end child mortality
review panel meeting shall not disclose what transpired at the meeting, except to carry out
the purposes of the deleted text begin mortality review deleted text end panel. The proceedings and records of the new text begin state child
and infant safety action and new text end mortality review deleted text begin panel deleted text end new text begin panels new text end are protected nonpublic new text begin or
confidential new text end data as defined in section 13.02, subdivision 13, and are not subject to new text begin subpoena
or new text end discovery new text begin in administrative, civil, or criminal proceedings new text end or introduction into evidence
in deleted text begin a deleted text end new text begin an administrative, new text end civil new text begin , new text end or criminal action against a professional, the state or a county
agency, arising out of the matters the deleted text begin panel is deleted text end new text begin panels are new text end reviewing. Information, documents,
and records otherwise available from other sources are not immune from discovery or use
in deleted text begin a deleted text end new text begin an administrative, new text end civil new text begin , new text end or criminal action solely because they were presented during
proceedings of the new text begin action or new text end 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 deleted text begin a deleted text end new text begin an administrative, new text end civil new text begin , new text end or criminal
proceeding a person shall not be questioned about the person's presentation of information
to the new text begin action or new text end review panel or opinions formed by the person as a result of the review
meetings.

Sec. 14.

Minnesota Statutes 2018, section 256.01, subdivision 12a, is amended to read:

Subd. 12a.

Department of Human Services child fatality and near fatality review
team.

(a) The commissioner shall establish a Department of Human Services child fatality
and near fatality review team to review child fatalities and near fatalities due to child
maltreatment and child fatalities and near fatalities that occur in licensed facilities deleted text begin and deleted text end new text begin , new text end are
not due to natural causes new text begin , and occur when the child is in out-of-home placement in a child
care facility, including foster care, or under the care and responsibility of the local social
services agency new text end . The review team shall assess the entire child protection services process
from the point of a mandated reporter reporting the alleged maltreatment through the ongoing
case management process. Department staff shall lead and conduct on-site local reviews
and utilize supervisors from local county and tribal child welfare agencies as peer reviewers.
The review process must focus on critical elements of the case and on the involvement of
the child and family with the county or tribal child welfare agency. The review team shall
identify necessary program improvement planning to address any practice issues identified
and training and technical assistance needs of the local agency. Summary reports of each
review shall be provided to the state child mortality review panel when completed.

(b) A member of the child fatality and near fatality review team shall not disclose what
transpired during the review, except to carry out the duties of the child fatality and near
fatality review team. The proceedings and records of the child fatality and near fatality
review team are protected nonpublic new text begin or confidential new text end data as defined in section 13.02,
subdivision 13, and are not subject to new text begin subpoena or new text end discovery new text begin in administrative, civil, or
criminal proceedings new text end or introduction into evidence in deleted text begin a deleted text end new text begin an administrative, new text end civil new text begin , new text end or criminal
action against a professional, the state, or a county agency arising out of the matters the
team is reviewing. Information, documents, and records otherwise available from other
sources are not immune from discovery or use in deleted text begin a deleted text end new text begin an administrative, new text end civil new text begin , new text end or criminal
action solely because they were assessed or presented during proceedings of the review
team. A person who presented information before the review team or who is a member of
the team shall not be prevented from testifying about matters within the person's knowledge.
In deleted text begin a deleted text end new text begin an administrative, new text end civil new text begin , new text end or criminal proceeding a person shall not be questioned about
the person's presentation of information to the review team or opinions formed by the person
as a result of the review.

Sec. 15.

Minnesota Statutes 2018, section 626.556, subdivision 11d, is amended to read:

Subd. 11d.

Disclosure in new text begin infant and new text end child fatality or near-fatality cases.

(a) The
definitions in this paragraph apply to this section.

(1) "Child fatality" means the death of a child from child abuse or neglect. new text begin "Child" means
from birth to 18 years of age.
new text end

(2) "Near fatality" means a case in which a physician, advanced practice registered nurse,
or physician assistant determines that a child is in serious or critical condition as the result
of sickness or injury caused by child abuse or neglect.

(3) "Findings and information" means a written summary described in paragraph (c) of
actions taken or services rendered by a local social services agency following receipt of a
report.

(b) Notwithstanding any other provision of law and subject to this subdivision, a public
agency shall disclose to the public, upon request, the findings and information related to a
child fatality or near fatality if:

(1) a person is criminally charged with having caused the child fatality or near fatality;

(2) a county attorney certifies that a person would have been charged with having caused
the child fatality or near fatality but for that person's death; or

(3) a child protection investigation resulted in a determination of child abuse or neglect.

(c) Findings and information disclosed under this subdivision consist of a written
summary that includes any of the following information the agency is able to provide:

(1) the cause and circumstances regarding the child fatality or near fatality;

(2) the age and gender of the child;

(3) information on any previous reports of child abuse or neglect that are pertinent to
the abuse or neglect that led to the child fatality or near fatality;

(4) information on any previous investigations that are pertinent to the abuse or neglect
that led to the child fatality or near fatality;

(5) the results of any investigations described in clause (4);

(6) actions of and services provided by the local social services agency on behalf of a
child that are pertinent to the child abuse or neglect that led to the child fatality or near
fatality; and

(7) the results of any review of the state child deleted text begin mortality review deleted text end new text begin and infant safety action new text end
panel, a local child mortality review panel, a local community child protection team, or any
public agency.

(d) Nothing in this subdivision authorizes access to the private data in the custody of a
local social services agency, or the disclosure to the public of the records or content of any
psychiatric, psychological, or therapeutic evaluations, or the disclosure of information that
would reveal the identities of persons who provided information related to abuse or neglect
of the child.

(e) A person whose request is denied may apply to the appropriate court for an order
compelling disclosure of all or part of the findings and information of the public agency.
The application must set forth, with reasonable particularity, factors supporting the
application. The court has jurisdiction to issue these orders. Actions under this section must
be set down for immediate hearing, and subsequent proceedings in those actions must be
given priority by the appellate courts.

(f) A public agency or its employees acting in good faith in disclosing or declining to
disclose information under this section are immune from criminal or civil liability that might
otherwise be incurred or imposed for that action.

Sec. 16. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall correct any internal cross-references to sections 214.17 to
214.25 that occur as a result of the repealed language and may make changes necessary to
correct punctuation, grammar, or structure of the remaining text and preserve its meaning.
new text end

ARTICLE 5

HEALTH BOARDS

Section 1.

Minnesota Statutes 2019 Supplement, section 144A.291, subdivision 2, is
amended to read:

Subd. 2.

Amounts.

(a) Fees may not exceed the following amounts but may be adjusted
lower by board direction and are for the exclusive use of the board as required to sustain
board operations. The maximum amounts of fees are:

(1) application for licensure, $200;

(2) for a prospective applicant for a review of education and experience advisory to the
license application, $100, to be applied to the fee for application for licensure if the latter
is submitted within one year of the request for review of education and experience;

(3) state examination, $125;

(4) initial license, $250 if issued between July 1 and December 31, $100 if issued between
January 1 and June 30;

(5) acting deleted text begin administrator deleted text end permit, $400;

(6) renewal license, $250;

(7) duplicate license, $50;

(8) reinstatement fee, $250;

deleted text begin (9) health services executive initial license, $200;
deleted text end

deleted text begin (10) health services executive renewal license, $200;
deleted text end

deleted text begin (11) deleted text end new text begin (9) new text end reciprocity verification fee, $50;

deleted text begin (12) deleted text end new text begin (10) new text end second shared deleted text begin administrator deleted text end assignment, $250;

deleted text begin (13) deleted text end new text begin (11) new text end continuing education fees:

(i) greater than six hours, $50; and

(ii) seven hours or more, $75;

deleted text begin (14) deleted text end new text begin (12) new text end education review, $100;

deleted text begin (15) deleted text end new text begin (13) new text end fee to a sponsor for review of individual continuing education seminars,
institutes, workshops, or home study courses:

(i) for less than seven clock hours, $30; and

(ii) for seven or more clock hours, $50;

deleted text begin (16) deleted text end new text begin (14) new text end fee to a licensee for review of continuing education seminars, institutes,
workshops, or home study courses not previously approved for a sponsor and submitted
with an application for license renewal:

(i) for less than seven clock hours total, $30; and

(ii) for seven or more clock hours total, $50;

deleted text begin (17) deleted text end new text begin (15) new text end late renewal fee, $75;

deleted text begin (18) deleted text end new text begin (16) new text end fee to a licensee for verification of licensure status and examination scores,
$30;

deleted text begin (19) deleted text end new text begin (17) new text end registration as a registered continuing education sponsor, $1,000; and

deleted text begin (20) deleted text end new text begin (18) new text end mail labels, $75.

(b) The revenue generated from the fees must be deposited in an account in the state
government special revenue fund.

ARTICLE 6

HEALTH AND HUMAN SERVICES FORECAST CONFORMITY

Section 1.

Minnesota Statutes 2018, section 245F.02, subdivision 26, is amended to read:

Subd. 26.

Withdrawal management program.

"Withdrawal management program"
means a licensed program that provides short-term medical services on a 24-hour basis for
the purpose of stabilizing intoxicated patients, managing their withdrawal, and facilitating
access to substance use disorder treatment as indicated by a comprehensive assessment. new text begin
Authorization for withdrawal management services licensed under this chapter is determined
when the client presents and the need for services is established under section 245F.05,
subdivisions 1 and 2. Any additional assessment will follow the process and time frames
established in section 245F.06. If need for withdrawal management services is identified
while the client is a resident of a substance use disorder treatment facility, the provisions
of section 256G.02, subdivision 4, paragraphs (c) and (d), apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 245F.03, is amended to read:

245F.03 APPLICATION.

(a) This chapter establishes minimum standards for withdrawal management programs
licensed by the commissioner that serve one or more unrelated persons.

(b) This chapter does not apply to a withdrawal management program licensed as a
hospital under sections 144.50 to 144.581. A withdrawal management program located in
a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this
chapter is deemed to be in compliance with section 245F.13.

new text begin (c) Minnesota Rules, parts 9530.6600 to 9530.6655, are not applicable to withdrawal
management programs licensed under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 254A.02, subdivision 8a, is amended to read:

Subd. 8a.

Placing authority.

"Placing authority" means a county, prepaid health plan,
or tribal governing board governed by Minnesota Rules, parts 9530.6600 to 9530.6655. new text begin
Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655, an individual may choose
to obtain a comprehensive assessment pursuant to section 245G.05. Individuals obtaining
a comprehensive assessment may access any enrolled provider that is licensed to provide
the level of service authorized as specified in section 254A.19, subdivision 3, paragraph
(d). If an individual is enrolled in a prepaid health plan, the individual must comply with
any provider network requirements or limitations. This subdivision expires July 1, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2018, section 254B.01, subdivision 5, is amended to read:

Subd. 5.

Local agency.

"Local agency" means the agency designated by a board of
county commissioners, a local social services agency, or a human services board to make
placements and submit state invoices according to Laws 1986, chapter 394, sections 8 to
20. new text begin Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655, an individual may
choose to obtain a comprehensive assessment pursuant to section 245G.05. Individuals
obtaining a comprehensive assessment may access any enrolled provider that is licensed to
provide the level of service authorized as specified in section 254A.19, subdivision 3,
paragraph (d). If an individual is enrolled in a prepaid health plan, the individual must
comply with any provider network requirements or limitations. Effective July 1, 2022, local
agencies may not make placement determinations of location.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2019 Supplement, section 256B.0759, subdivision 3, is amended
to read:

Subd. 3.

Provider standards.

(a) The commissioner shall establish requirements for
participating providers that are consistent with the federal requirements of the demonstration
project.

(b) A participating residential provider must obtain applicable licensure under deleted text begin chapters deleted text end new text begin
chapter new text end 245F deleted text begin and deleted text end new text begin or new text end 245G or other applicable standards for the services provided and must:

(1) deliver services in accordance with standards published by the commissioner pursuant
to paragraph (d);

(2) maintain formal patient referral arrangements with providers delivering step-up or
step-down levels of care in accordance with ASAM standards; and

(3) deleted text begin provide or arrange for deleted text end new text begin offer new text end medication-assisted treatment services deleted text begin if requested by
a client for whom an effective medication exists deleted text end new text begin on site or facilitate access to
medication-assisted treatment services off site new text end .

(c) A participating outpatient provider must obtain applicable licensure under chapter
245G or other applicable standards for the services provided and must:

(1) deliver services in accordance with standards published by the commissioner pursuant
to paragraph (d); and

(2) maintain formal patient referral arrangements with providers delivering step-up or
step-down levels of care in accordance with ASAM standards.

(d) If the provider standards under chapter 245G or other applicable standards conflict
or are duplicative, the commissioner may grant variances to the standards if the variances
do not conflict with federal requirements. The commissioner shall publish service
components, service standards, and staffing requirements for participating providers that
are consistent with ASAM standards and federal requirements by October 1, 2020.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2019 Supplement, section 256B.0759, subdivision 4, is amended
to read:

Subd. 4.

Provider payment rates.

(a) Payment rates for participating providers must
be increased for services provided to medical assistance enrollees. To receive a rate increase,
participating providers must meet demonstration project requirements and provide evidence
of formal referral arrangements with providers delivering step-up or step-down levels of
care.

(b) For substance use disorder services under section 254B.05, subdivision 5, paragraph
(b), clause (8), provided on or after deleted text begin January deleted text end new text begin July new text end 1, 2020, payment rates must be increased
by 15 percent over the rates in effect on December 31, deleted text begin 2020 deleted text end new text begin 2019 new text end .

(c) For substance use disorder services under section 254B.05, subdivision 5, paragraph
(b), clauses (1), (6), new text begin and new text end (7), and deleted text begin (10) deleted text end new text begin adolescent treatment programs that are licensed as
outpatient treatment programs according to sections 245G.01 to 245G.18 new text end , provided on or
after January 1, 2021, payment rates must be increased by ten percent over the rates in effect
on December 31, 2020.

new text begin (d) Effective January 1, 2021, and contingent on annual federal approval, managed care
plans and county-based purchasing plans must reimburse providers of the substance use
disorder services meeting the criteria described in paragraph (a) who are employed by or
under contract with the plan an amount that is at least equal to the fee-for-service base rate
payment for the substance use disorder services described in paragraphs (b) and (c). The
commissioner shall monitor the effect of this requirement on the rate of access to substance
use disorder services and residential substance use disorder rates. If, for any contract year,
federal approval is not received due to the provisions of this paragraph, the commissioner
must adjust the capitation rates paid to managed care plans and county-based purchasing
plans for that contract year to reflect the removal of this provision. Contracts between
managed care plans and county-based purchasing plans and providers to whom this paragraph
applies must allow recovery of payments from those providers if capitation rates are adjusted
in accordance with this paragraph. Payment recoveries must not exceed the amount equal
to any increase in rates that results from this provision. This paragraph expires if federal
approval is not received at any time due to the provisions of this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 2, is
amended to read:

Subd. 2. TANF Maintenance of Effort

(a) Nonfederal Expenditures. The
commissioner shall ensure that sufficient
qualified nonfederal expenditures are made
each year to meet the state's maintenance of
effort (MOE) requirements of the TANF block
grant specified under Code of Federal
Regulations, title 45, section 263.1. In order
to meet these basic TANF/MOE requirements,
the commissioner may report as TANF/MOE
expenditures only nonfederal money expended
for allowable activities listed in the following
clauses:

(1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota
Statutes, chapter 256J;

(2) the child care assistance programs under
Minnesota Statutes, sections 119B.03 and
119B.05, and county child care administrative
costs under Minnesota Statutes, section
119B.15;

(3) state and county MFIP administrative costs
under Minnesota Statutes, chapters 256J and
256K;

(4) state, county, and tribal MFIP employment
services under Minnesota Statutes, chapters
256J and 256K;

(5) expenditures made on behalf of legal
noncitizen MFIP recipients who qualify for
the MinnesotaCare program under Minnesota
Statutes, chapter 256L;

new text begin (6) qualifying working family credit
expenditures under Minnesota Statutes, section
290.0671;
new text end

deleted text begin (6) deleted text end new text begin (7) new text end qualifying Minnesota education credit
expenditures under Minnesota Statutes, section
290.0674; and

deleted text begin (7) deleted text end new text begin (8) new text end qualifying Head Start expenditures
under Minnesota Statutes, section 119A.50.

(b) Nonfederal Expenditures; Reporting.
For the activities listed in paragraph (a),
clauses (2) to deleted text begin (7) deleted text end new text begin (8) new text end , the commissioner may
report only expenditures that are excluded
from the definition of assistance under Code
of Federal Regulations, title 45, section
260.31.

(c) Certain Expenditures Required. The
commissioner shall ensure that the MOE used
by the commissioner of management and
budget for the February and November
forecasts required under Minnesota Statutes,
section 16A.103, contains expenditures under
paragraph (a), clause (1), equal to at least 16
percent of the total required under Code of
Federal Regulations, title 45, section 263.1.

(d) Limitation; Exceptions. The
commissioner must not claim an amount of
TANF/MOE in excess of the 75 percent
standard in Code of Federal Regulations, title
45, section 263.1(a)(2), except:

(1) to the extent necessary to meet the 80
percent standard under Code of Federal
Regulations, title 45, section 263.1(a)(1), if it
is determined by the commissioner that the
state will not meet the TANF work
participation target rate for the current year;

(2) to provide any additional amounts under
Code of Federal Regulations, title 45, section
264.5, that relate to replacement of TANF
funds due to the operation of TANF penalties;
and

(3) to provide any additional amounts that may
contribute to avoiding or reducing TANF work
participation penalties through the operation
of the excess MOE provisions of Code of
Federal Regulations, title 45, section 261.43
(a)(2).

(e) Supplemental Expenditures. For the
purposes of paragraph (d), the commissioner
may supplement the MOE claim with other
qualified expenditures to the extent such
expenditures are otherwise available after
considering the expenditures allowed in this
subdivision.

(f) Reduction of Appropriations; Exception.
The requirement in Minnesota Statutes, section
256.011, subdivision 3, that federal grants or
aids secured or obtained under that subdivision
be used to reduce any direct appropriations
provided by law, does not apply if the grants
or aids are federal TANF funds.

(g) IT Appropriations Generally. This
appropriation includes funds for information
technology projects, services, and support.
Notwithstanding Minnesota Statutes, section
16E.0466, funding for information technology
project costs shall be incorporated into the
service level agreement and paid to the Office
of MN.IT Services by the Department of
Human Services under the rates and
mechanism specified in that agreement.

(h) Receipts for Systems Project.
Appropriations and federal receipts for
information systems projects for MAXIS,
PRISM, MMIS, ISDS, METS, and SSIS must
be deposited in the state systems account
authorized in Minnesota Statutes, section
256.014. Money appropriated for computer
projects approved by the commissioner of the
Office of MN.IT Services, funded by the
legislature, and approved by the commissioner
of management and budget may be transferred
from one project to another and from
development to operations as the
commissioner of human services considers
necessary. Any unexpended balance in the
appropriation for these projects does not
cancel and is available for ongoing
development and operations.

(i) Federal SNAP Education and Training
Grants. Federal funds available during fiscal
years 2020 and 2021 for Supplemental
Nutrition Assistance Program Education and
Training and SNAP Quality Control
Performance Bonus grants are appropriated
to the commissioner of human services for the
purposes allowable under the terms of the
federal award. This paragraph is effective the
day following final enactment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2019.
new text end

Sec. 8.

Laws 2019, First Special Session chapter 9, article 14, section 2, is amended by
adding a subdivision to read:

new text begin Subd. 3a. new text end new text begin Working Family Credit as TANF/MOE new text end

new text begin The commissioner may claim as TANF/MOE
up to $6,707,000 per year of working family
credit expenditures in each fiscal year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2019.
new text end

Sec. 9.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 24,
is amended to read:

Subd. 24. Grant Programs; Children and Economic Support Grants

24,315,000

24,315,000

(a) Minnesota Food Assistance Program.
Unexpended funds for the Minnesota food
assistance program for fiscal year 2020 do not
cancel but are available for this purpose in
fiscal year 2021.

(b) Shelter-Linked Youth Mental Health
Grants. $250,000 in fiscal year 2020 and
$250,000 in fiscal year 2021 are from the
general fund for shelter-linked youth mental
health grants under Minnesota Statutes, section
256K.46.

new text begin (c) new text end new text begin Emergency Services Grants. new text end new text begin $1,500,000
in fiscal year 2020 and $1,500,000 in fiscal
year 2021 are from the general fund to provide
emergency services grants under Minnesota
Statutes, section 256E.36. This is a onetime
appropriation.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Base Level Adjustment. The general
fund base is $22,815,000 in fiscal year 2022
and $22,815,000 in fiscal year 2023.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2019.
new text end

Sec. 10.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 30,
is amended to read:

Subd. 30. Grant Programs; Housing Support Grants

9,264,000

10,364,000

deleted text begin Emergency Services Grants. $1,500,000 in
fiscal year 2020 and $1,500,000 in fiscal year
2021 are to provide emergency services grants
under Minnesota Statutes, section 256E.36.
This is a onetime appropriation.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2019.
new text end

Sec. 11.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 31,
is amended to read:

Subd. 31. Grant Programs; Adult Mental Health Grants

82,302,000

79,877,000

(a) Certified Community Behavioral Health
Center (CCBHC) Expansion. new text begin $100,000 in
fiscal year 2020 and new text end $200,000 in fiscal year
2021 deleted text begin is deleted text end new text begin are new text end from the general fund for grants
for planning, staff training, and other quality
improvements that are required to comply with
federal CCBHC criteria for three expansion
sites.

(b) Mobile Mental Health Crisis Response
Team Funding. $1,250,000 in fiscal year
2020 and $1,250,000 in fiscal year 2021 are
for adult mental health grants under Minnesota
Statutes, section 245.4661, subdivision 9,
paragraph (a), clause (1), to fund regional
mobile mental health crisis response teams
throughout the state. The base for this
appropriation is $4,896,000 in fiscal year 2022
and $4,897,000 in fiscal year 2023.

(c) Specialized Mental Health Community
Supervision Pilot Project. $400,000 in fiscal
year 2020 is for a grant to Anoka County for
establishment of a specialized mental health
community supervision caseload pilot project.
This is a onetime appropriation.

(d) Base Level Adjustment. The general fund
base is $83,323,000 in fiscal year 2022 and
$83,324,000 in fiscal year 2023.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2019.
new text end

Sec. 12. new text begin REVIVAL AND REENACTMENT.
new text end

new text begin Minnesota Statutes, section 254B.03, subdivision 4a, is revived and reenacted effective
retroactively and without interruption from July 1, 2019.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2019 Supplement, section 254B.03, subdivision 4a, new text end new text begin is repealed
effective July 1, 2020.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 9530.6600, subparts 1 and 3; 9530.6605, subparts 1, 2, 3, 4,
5, 8, 9, 10, 11, 12, 13, 14, 21a, 21b, 24a, 25, 25a, and 26; 9530.6610, subparts 1, 2, 3, and
5; 9530.6615; 9530.6620; 9530.6622; and 9530.6655, new text end new text begin are repealed effective July 1, 2022.
new text end

ARTICLE 7

HEALTH AND HUMAN SERVICES FORECAST ADJUSTMENTS

Section 1. new text begin HUMAN SERVICES APPROPRIATIONS. new text end

new text begin The dollar amounts shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, are subtracted from the appropriations in Laws 2019, First Special
Session chapter 9, article 14, from the general fund or any fund named to the Department
of Human Services for the purposes specified in this article, to be available for the fiscal
year indicated for each purpose. The figures "2020" and "2021" used in this article mean
that the appropriations listed under them are available for the fiscal years ending June 30,
2020, or June 30, 2021, respectively. "The first year" is fiscal year 2020. "The second year"
is fiscal year 2021. "The biennium" is fiscal years 2020 and 2021.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2020 new text end		new text begin 2021 new text end

Sec. 2. new text begin COMMISSIONER OF HUMAN SERVICES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin (104,478,000) new text end

new text begin $ new text end

new text begin (85,978,000) new text end

new text begin Appropriations by Fund new text end
new text begin General Fund new text end	new text begin (90,509,000) new text end	new text begin (11,653,000) new text end
new text begin Health Care Access Fund new text end	new text begin 1,900,000 new text end	new text begin (73,313,000) new text end
new text begin Federal TANF new text end	new text begin (15,869,000) new text end	new text begin (1,012,000) new text end

new text begin Subd. 2. new text end new text begin Forecasted Programs new text end

new text begin (a) MFIP/DWP new text end

new text begin Appropriations by Fund new text end
new text begin General Fund new text end	new text begin 7,600,000 new text end	new text begin (4,475,000) new text end
new text begin Federal TANF new text end	new text begin (15,869,000) new text end	new text begin (1,012,000) new text end

new text begin (b) MFIP Child Care Assistance new text end

new text begin (24,661,000) new text end

new text begin (8,541,000) new text end

new text begin (c) General Assistance new text end

new text begin 1,112,000 new text end

new text begin 1,141,000 new text end

new text begin (d) Minnesota Supplemental Aid new text end

new text begin 1,173,000 new text end

new text begin 1,377,000 new text end

new text begin (e) Housing Support new text end

new text begin 5,355,000 new text end

new text begin 7,973,000 new text end

new text begin (f) Northstar Care for Children new text end

new text begin 8,150,000 new text end

new text begin 10,169,000 new text end

new text begin (g) MinnesotaCare new text end

new text begin 1,900,000 new text end

new text begin (73,313,000) new text end

new text begin These appropriations are from the health care
access fund.
new text end

new text begin (h) Medical Assistance new text end

new text begin Appropriations by Fund new text end
new text begin General Fund new text end	new text begin (78,267,000) new text end	new text begin (11,477,000) new text end
new text begin Health Care Access Fund new text end	new text begin -0- new text end	new text begin -0- new text end

new text begin (i) Alternative Care Program new text end

new text begin -0- new text end

new text begin -0- new text end

new text begin (j) CCDTF Entitlements new text end

new text begin (10,971,000) new text end

new text begin (7,820,000) new text end

new text begin Subd. 3. new text end new text begin Technical Activities new text end

new text begin -0- new text end

new text begin -0- new text end

new text begin These appropriations are from the federal
TANF fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 8

HEALTH AND HUMAN SERVICES APPROPRIATIONS

Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2019, First Special Session chapter
9, article 14, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund and are available for the fiscal years indicated for each purpose.
The figures "2020" and "2021" used in this article mean that the addition to or subtraction
from the appropriation listed under them is available for the fiscal year ending June 30,
2020, or June 30, 2021, respectively. Base adjustments mean the addition to or subtraction
from the base level adjustment set in Laws 2019, First Special Session chapter 9, article 14,
as amended. Supplemental appropriations and reductions to appropriations for the fiscal
year ending June 30, 2020, are effective the day following final enactment unless a different
effective date is explicit.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2020 new text end		new text begin 2021 new text end

Sec. 2. new text begin COMMISSIONER OF HUMAN SERVICES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 108,255,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin -0- new text end	new text begin 108,255,000 new text end

new text begin Subd. 2. new text end new text begin Central Office; Operations new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin -0- new text end	new text begin 234,000 new text end

new text begin Base Adjustment. new text end new text begin The general fund base is
increased $132,000 in fiscal year 2022 and
$27,000 in fiscal year 2023.
new text end

new text begin Subd. 3. new text end new text begin Central Office; Children and Families new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin -0- new text end	new text begin 377,000 new text end

new text begin (a) State-funded Food Assistance
Operations. $118,000 in fiscal year 2021 is
for staff to operate the state-funded nutrition
program. Funds are available until June 30,
2022.
new text end

new text begin new text begin (b) Base Adjustment. new text end The general fund base
is increased $245,000 in fiscal year 2022 and
$245,000 in fiscal year 2023.
new text end

new text begin Subd. 4. new text end new text begin Forecasted Programs; Medical Assistance new text end

new text begin -0- new text end

new text begin 28,909,000 new text end

new text begin Self-Administered Medication-Assisted
Treatment. $28,909,000 in fiscal year 2021
is for repayment to the federal Centers for
Medicare and Medicaid Services for the
federal share of identified overpayments to
the Leech Lake Band of Ojibwe and the White
Earth Band of Ojibwe for self-administered
medication-assisted treatment from the
beginning of fiscal year 2014 through the end
of fiscal year 2019. If the Leech Lake Band
of Ojibwe and the White Earth Band of
Ojibwe are required by law to repay the
overpayments, the commissioner of human
services may pay up to $14,666,000 to the
Leech Lake Band of Ojibwe and up to
$14,242,000 to the White Earth Band of
Ojibwe for each to comply with repayment
requirements. This is a onetime appropriation.
new text end

new text begin Subd. 5. new text end new text begin Forecasted Programs; Chemical Dependency Treatment Fund new text end

new text begin -0- new text end

new text begin 8,812,000 new text end

new text begin Institutions for Mental Disease Payments.
$8,812,000 in fiscal year 2021 is for the
commissioner of human services to reimburse
counties for the value of the commissioner's
estimate of the statewide county share of costs
for which federal funds were claimed, but
were not eligible for federal funding for
substance use disorder services provided in
institutions for mental disease, for claims paid
between January 1, 2014, and June 30, 2019.
The commissioner of human services shall
allocate this appropriation between counties
in proportion to each county's estimated
county share versus the estimated statewide
county share. Prior to payment of the allocated
amount to a county, the county must pay in
full any unpaid consolidated chemical
dependency treatment fund invoiced county
share. This is a onetime appropriation.
new text end

new text begin Subd. 6. new text end new text begin Grant Programs; Basic Sliding Fee Child Care Assistance Grants new text end

new text begin -0- new text end

new text begin -0- new text end

new text begin (a) Increase for Maximum Rates.
Notwithstanding Minnesota Statutes, section
119B.03, subdivisions 6, 6a, and 6b, the
commissioner must allocate the additional
basic sliding fee child care funds for calendar
year 2021 to counties for updated maximum
rates based on relative need to cover maximum
rate increases. In distributing the additional
funds, the commissioner shall consider the
following factors by county: (1) number of
children; (2) provider type; (3) age of children;
and (4) amount of increase in maximum rates.
new text end

new text begin (b) Base Adjustment. new text end new text begin The general fund base
is increased $15,032,000 in fiscal year 2022
and $22,716,000 in fiscal year 2023.
new text end

new text begin Subd. 7. new text end new text begin Grant Programs; Children's Services Grants new text end

new text begin -0- new text end

new text begin 4,412,000 new text end

new text begin (a) Addressing African American Child
Welfare Overrepresentation. $4,000,000 in
fiscal year 2021 is for Hennepin, Ramsey, and
St. Louis Counties for grants to
community-based agencies who primarily
serve African American children and families
to provide community-specified services for
family preservation, family and relative
engagement, and reunification services. The
base for this appropriation is $8,000,000 in
fiscal year 2022 and $8,000,000 in fiscal year
2023.
new text end

new text begin (b) Homeless Youth Pilot Grant. $412,000
in fiscal year 2021 is for the Homeless Youth
Pilot Grant to provide resource and navigator
services to homeless youth. The base for this
appropriation is $600,000 in fiscal year 2022
and $600,000 in fiscal year 2023.
new text end

new text begin (c) Base Adjustment. new text end new text begin The general fund base
is increased $8,600,000 in fiscal year 2022
and $8,600,000 in fiscal year 2023.
new text end

new text begin Subd. 8. new text end new text begin Grant Programs; Children and Economic Support Grants new text end

new text begin -0- new text end

new text begin 27,026,000 new text end

new text begin (a) Emergency Services Renovation Grants.
$7,000,000 in fiscal year 2021 is for grants to
tribal nations, local governments, and
nonprofit organizations to provide safe,
sanitary, and suitable overnight emergency
shelter for individuals and families
experiencing homelessness in accordance with
Minnesota Statutes, section 256E.36. Eligible
uses of grant funds include predesign, design,
renovation, construction, furnishing, and
equipping facilities. A grant must not be used
for general operating expenses or staffing.
Projects must meet all applicable local
building codes at the time of project
completion. Grants awarded under this
paragraph cancel on June 30, 2025. This is a
onetime appropriation.
new text end

new text begin (b) Base Adjustment. new text end new text begin The general fund base
is increased $1,947,000 in fiscal year 2022
and $2,018,000 in fiscal year 2023.
new text end

new text begin (c) State-funded Food Assistance.
$18,080,000 in fiscal year 2021 is for a
temporary state-funded food assistance
program for adults without children impacted
by the federal rule change to the Supplemental
Nutrition Assistance Program that will go into
effect April 1, 2020. The commissioner shall
establish procedures to operate the program.
Funds are available until June 30, 2022. This
is a onetime appropriation.
new text end

new text begin Subd. 9. new text end new text begin Grant Programs; Child Mental Health Grants new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin -0- new text end	new text begin 375,000 new text end

new text begin (a) Mental Health Pilot for Mandated
Reporters. $375,000 in fiscal year 2021 is for
a pilot project to provide mental health rapid
consultation and coaching for school personnel
to ensure reports of child maltreatment are
made based on statutory requirements.
new text end

new text begin (b) Base Adjustment. new text end new text begin The general fund base
is increased $750,000 in fiscal year 2022 and
$750,000 in fiscal year 2023.
new text end

new text begin Subd. 10. new text end new text begin Direct Care and Treatment; Mental Health and Substance Abuse Treatment Services new text end

new text begin -0- new text end

new text begin 5,742,000 new text end

new text begin Operating Adjustment. $547,000 in fiscal
year 2021 from the general fund is for the
Community Addiction Recovery Enterprise
program. The commissioner must transfer
$547,000 in fiscal year 2021 to the enterprise
fund for the Community Addiction Recovery
Enterprise program. This is a onetime
appropriation.
new text end

new text begin Subd. 11. new text end new text begin Direct Care and Treatment; Community-Based Services new text end

new text begin -0- new text end

new text begin 21,066,000 new text end

new text begin Operating Adjustment. $20,582,000 in fiscal
year 2021 from the general fund is for the
Minnesota State Operated Community
Services program. The commissioner must
transfer $20,582,000 in fiscal year 2021 from
the general fund to the enterprise fund for
Minnesota State Operated Community
Services. This is a onetime appropriation.
new text end

new text begin Subd. 12. new text end new text begin Direct Care and Treatment; Forensic Services new text end

new text begin -0- new text end

new text begin 6,124,000 new text end

new text begin Subd. 13. new text end new text begin Direct Care and Treatment; Sex Offender Program new text end

new text begin -0- new text end

new text begin 4,715,000 new text end

new text begin Subd. 14. new text end new text begin Direct Care and Treatment; Operations new text end

new text begin -0- new text end

new text begin 463,000 new text end

Sec. 3. new text begin COMMISSIONER OF HEALTH new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 11,125,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin -0- new text end	new text begin 8,356,000 new text end
new text begin State Government Special Revenue new text end	new text begin -0- new text end	new text begin 1,868,000 new text end
new text begin Health Care Access Fund new text end	new text begin -0- new text end	new text begin 901,000 new text end

new text begin Subd. 2. new text end new text begin Health Improvement new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin -0- new text end	new text begin 8,356,000 new text end
new text begin State Government Special Revenue new text end	new text begin -0- new text end	new text begin 1,868,000 new text end
new text begin Health Care Access Fund new text end	new text begin -0- new text end	new text begin 901,000 new text end

new text begin (a) Tobacco Use Prevention. new text end new text begin $7,697,000 in
fiscal year 2021 is from the general fund to
prevent youth from using tobacco and from
vaping.
new text end

new text begin (b) Fetal, Infant, and Child Mortality
Review. new text end new text begin $659,000 in fiscal year 2021 is from
the general fund to conduct fetal, infant, and
child mortality reviews per Minnesota
Statutes, section 145.901.
new text end

new text begin (c) Medical Cannabis Seed-to-Sale System. new text end new text begin
$1,153,000 in fiscal year 2021 is from the state
government special revenue fund to establish
and implement a seed-to-sale electronic
database to monitor medical cannabis
inventories. The fiscal year 2021 appropriation
is available until June 30, 2023.
new text end

new text begin (d) All Payer Claims Database. new text end new text begin $901,000
in fiscal year 2021 is from the health care
access fund to expand use of the Minnesota
All Payer Claims Database, as authorized
under Minnesota Statutes, section 62U.04.
new text end

new text begin (e) Base Adjustments. new text end new text begin The general fund base
is increased $8,357,000 in fiscal year 2022
and $8,356,000 in fiscal year 2023. The state
government special revenue fund base is
increased $879,000 in fiscal year 2022 and
$879,000 in fiscal year 2023. The health care
access fund base is increased $986,000 in
fiscal year 2022 and $986,000 in fiscal year
2023.
new text end

Sec. 4. new text begin HEALTH-RELATED BOARDS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 467,000 new text end

new text begin Unless otherwise noted, this appropriation is
from the state government special revenue
fund. The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Board of Nursing Home Administrators new text end

new text begin -0- new text end

new text begin 467,000 new text end

new text begin The general fund base is increased $431,000
in fiscal year 2022 and $451,000 in fiscal year
2023.
new text end

Sec. 5.

Laws 2019, chapter 63, article 3, section 1, is amended to read:

Section 1. APPROPRIATIONS.

(a) Board of Pharmacy; administration. $244,000 in fiscal year 2020 is appropriated
from the general fund to the Board of Pharmacy for onetime information technology and
operating costs for administration of licensing activities under Minnesota Statutes, section
151.066. This is a onetime appropriation.

(b) Commissioner of human services; administration. $309,000 in fiscal year 2020
is appropriated from the general fund and deleted text begin $60,000 deleted text end new text begin $120,000 new text end in fiscal year 2021 is
appropriated from the opiate epidemic response account to the commissioner of human
services for the provision of administrative services to the Opiate Epidemic Response
Advisory Council and for the administration of the grants awarded under paragraphs (f),
(g), and (h). The opiate epidemic response account base for this appropriation is deleted text begin $60,000 deleted text end new text begin
$120,000 new text end in fiscal year 2022, deleted text begin $60,000 deleted text end new text begin $120,000 new text end in fiscal year 2023, deleted text begin $60,000 deleted text end new text begin $120,000 new text end in
fiscal year 2024, and $0 in fiscal year 2025.

(c) Board of Pharmacy; administration. $126,000 in fiscal year 2020 is appropriated
from the general fund to the Board of Pharmacy for the collection of the registration fees
under section 151.066.

(d) Commissioner of public safety; enforcement activities. $672,000 in fiscal year
2020 is appropriated from the general fund to the commissioner of public safety for the
Bureau of Criminal Apprehension. Of this amount, $384,000 is for drug scientists and lab
supplies and $288,000 is for special agent positions focused on drug interdiction and drug
trafficking.

(e) Commissioner of management and budget; evaluation activities. $300,000 in
fiscal year 2020 is appropriated from the general fund and $300,000 in fiscal year 2021 is
appropriated from the opiate epidemic response account to the commissioner of management
and budget for evaluation activities under Minnesota Statutes, section 256.042, subdivision
1, paragraph (c). The opiate epidemic response account base for this appropriation is $300,000
in fiscal year 2022, $300,000 in fiscal year 2023, $300,000 in fiscal year 2024, and $0 in
fiscal year 2025.

(f) Commissioner of human services; grants for Project ECHO. $400,000 in fiscal
year 2020 is appropriated from the general fund and $400,000 in fiscal year 2021 is
appropriated from the opiate epidemic response account to the commissioner of human
services for grants of $200,000 to CHI St. Gabriel's Health Family Medical Center for the
opioid-focused Project ECHO program and $200,000 to Hennepin Health Care for the
opioid-focused Project ECHO program. The opiate epidemic response account base for this
appropriation is $400,000 in fiscal year 2022, $400,000 in fiscal year 2023, $400,000 in
fiscal year 2024, and $0 in fiscal year 2025.

(g) Commissioner of human services; opioid overdose prevention grant. $100,000
in fiscal year 2020 is appropriated from the general fund and $100,000 in fiscal year 2021
is appropriated from the opiate epidemic response account to the commissioner of human
services for a grant to a nonprofit organization that has provided overdose prevention
programs to the public in at least 60 counties within the state, for at least three years, has
received federal funding before January 1, 2019, and is dedicated to addressing the opioid
epidemic. The grant must be used for opioid overdose prevention, community asset mapping,
education, and overdose antagonist distribution. The opiate epidemic response account base
for this appropriation is $100,000 in fiscal year 2022, $100,000 in fiscal year 2023, $100,000
in fiscal year 2024, and $0 in fiscal year 2025.

(h) Commissioner of human services; traditional healing. $2,000,000 in fiscal year
2020 is appropriated from the general fund and $2,000,000 in fiscal year 2021 is appropriated
from the opiate epidemic response account to the commissioner of human services to award
grants to tribal nations and five urban Indian communities for traditional healing practices
to American Indians and to increase the capacity of culturally specific providers in the
behavioral health workforce. The opiate epidemic response account base for this appropriation
is $2,000,000 in fiscal year 2022, $2,000,000 in fiscal year 2023, $2,000,000 in fiscal year
2024, and $0 in fiscal year 2025.

(i) Board of Dentistry; continuing education. $11,000 in fiscal year 2020 is
appropriated from the state government special revenue fund to the Board of Dentistry to
implement the continuing education requirements under Minnesota Statutes, section 214.12,
subdivision 6.

(j) Board of Medical Practice; continuing education. $17,000 in fiscal year 2020 is
appropriated from the state government special revenue fund to the Board of Medical Practice
to implement the continuing education requirements under Minnesota Statutes, section
214.12, subdivision 6.

(k) Board of Nursing; continuing education. $17,000 in fiscal year 2020 is appropriated
from the state government special revenue fund to the Board of Nursing to implement the
continuing education requirements under Minnesota Statutes, section 214.12, subdivision
6.

(l) Board of Optometry; continuing education. $5,000 in fiscal year 2020 is
appropriated from the state government special revenue fund to the Board of Optometry to
implement the continuing education requirements under Minnesota Statutes, section 214.12,
subdivision 6.

(m) Board of Podiatric Medicine; continuing education. $5,000 in fiscal year 2020
is appropriated from the state government special revenue fund to the Board of Podiatric
Medicine to implement the continuing education requirements under Minnesota Statutes,
section 214.12, subdivision 6.

(n) Commissioner of health; nonnarcotic pain management and wellness. $1,250,000
is appropriated in fiscal year 2020 from the general fund to the commissioner of health, to
provide funding for:

(1) statewide mapping and assessment of community-based nonnarcotic pain management
and wellness resources; and

(2) up to five demonstration projects in different geographic areas of the state to provide
community-based nonnarcotic pain management and wellness resources to patients and
consumers.

The demonstration projects must include an evaluation component and scalability analysis.
The commissioner shall award the grant for the statewide mapping and assessment, and the
demonstration project grants, through a competitive request for proposal process. Grants
for statewide mapping and assessment and demonstration projects may be awarded
simultaneously. In awarding demonstration project grants, the commissioner shall give
preference to proposals that incorporate innovative community partnerships, are informed
and led by people in the community where the project is taking place, and are culturally
relevant and delivered by culturally competent providers. This is a onetime appropriation.

(o) Commissioner of health; administration. $38,000 in fiscal year 2020 is appropriated
from the general fund to the commissioner of health for the administration of the grants
awarded in paragraph (n).

APPENDIX

Repealed Minnesota Statutes: 20-8063

119B.125 PROVIDER REQUIREMENTS.

Subd. 5.

Provisional payment.

After a county receives a completed application from a provider, the county may issue provisional authorization and payment to the provider during the time needed to determine whether to give final authorization to the provider.

254B.03 RESPONSIBILITY TO PROVIDE CHEMICAL DEPENDENCY TREATMENT.

No active language found for: 254B.03.4a

Repealed Minnesota Rule: 20-8063

9530.6600 SUBSTANCE USE DISORDER; USE OF PUBLIC FUNDS.

Subpart 1.

Applicability.

Parts 9530.6600 to 9530.6655 establish criteria that counties, tribal governing boards, and prepaid health plans or their designees shall apply to determine the appropriate care for a client seeking treatment for substance use disorder that requires the expenditure of public funds for treatment. Part 9530.6622 does not apply to court commitments under Minnesota Statutes, chapter 253B.

Subp. 3.

Funding sources governed.

All financial resources allocated for chemical abusing or dependent individuals under Minnesota Statutes, chapters 246, 254B, 256B, and 256D, shall be expended in accordance with parts 9530.6600 to 9530.6655.

9530.6605 DEFINITIONS.

Subpart 1.

Scope.

For the purpose of parts 9530.6600 to 9530.6655 the following terms have the meanings given them.

Subp. 2.

Adolescent.

"Adolescent" means an individual under 18 years of age, defined as a child under Minnesota Statutes, section 260B.007, subdivision 3.

Subp. 3.

Arrest or legal intervention related to chemical use.

"Arrest or legal intervention related to chemical use" means an arrest or legal intervention for a crime that took place while the individual was under the influence of chemicals, took place in order to obtain chemicals, or took place in order to obtain money to purchase chemicals. When the client is an adolescent, arrest or legal intervention related to chemical use also means contact with law enforcement personnel as a result of a crime that meets this definition but for which no arrest took place, and status offenses and petitions of incorrigibility in which behavior resulting from chemical use played a significant role.

Subp. 4.

Assessor.

"Assessor" means an individual qualified under part 9530.6615, subpart 2 to perform an assessment of chemical use.

Subp. 5.

Chemical.

"Chemical" means alcohol, solvents, and other mood altering substances, including controlled substances as defined in Minnesota Statutes, section 152.01, subdivision 4.

Subp. 8.

Chemical use assessment.

"Chemical use assessment" means an assessment interview and written listing of the client's specific problems related to chemical use and risk description that will enable the assessor to determine an appropriate treatment planning decision according to part 9530.6622.

Subp. 9.

Client.

"Client" means an individual who is eligible for treatment funded under Minnesota Statutes, chapters 246, 254B, 256B, 256D, and 256M, and who has requested chemical use assessment services or for whom chemical use assessment services has been requested from a placing authority.

Subp. 10.

Collateral contact.

"Collateral contact" means an oral or written communication initiated or approved by an assessor for the purpose of gathering information from an individual or agency, other than the client, to verify or supplement information provided by the client during an assessment under part 9530.6615. Collateral contact includes contacts with family members, criminal justice agencies, educational institutions, and employers.

Subp. 11.

Commissioner.

"Commissioner" means the commissioner of the Department of Human Services or the commissioner's designated representative.

Subp. 12.

County.

"County" means the county of financial responsibility as defined under Minnesota Statutes, section 256G.02, subdivision 4, or the county designee.

Subp. 13.

Culturally specific programs.

"Culturally specific programs" means programs or subprograms:

A.

designed to address the unique needs of individuals who share a common language, racial, ethnic, or social background;

B.

governed with significant input from individuals of that specific background; and

C.

that employ individuals to provide individual or group therapy, at least 50 percent of whom are of that specific background.

Subp. 14.

Department.

"Department" means the Department of Human Services.

Subp. 21a.

Placing authority.

"Placing authority" means a county, prepaid health plan, or tribal governing board governed by parts 9530.6600 to 9530.6655.

Subp. 21b.

Prepaid health plan.

"Prepaid health plan" means an organization that contracts with the department to provide medical services, including chemical dependency treatment services, to enrollees in exchange for a prepaid capitation rate; and that uses funds authorized under Minnesota Statutes, chapters 256B and 256D.

Subp. 24a.

Service coordination.

"Service coordination" means helping the client obtain the services and support the client needs to establish a lifestyle free from the harmful effects of substance abuse disorder.

Subp. 25.

Significant other.

"Significant other" means an individual not related by blood or marriage on whom another individual relies for emotional support.

Subp. 25a.

Substance.

"Substance" means "chemical" as defined in subpart 5.

Subp. 26.

Substance use disorder.

"Substance use disorder" means a pattern of substance use as defined in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders-IV-TR (DSM). The DSM is incorporated by reference. The DSM was published by the American Psychiatric Association in 1994, in Washington, D.C., and is not subject to frequent change. The DSM is available through the Minitex interlibrary loan system.

9530.6610 COMPLIANCE PROVISIONS.

Subpart 1.

Assessment responsibility.

The placing authority must provide assessment services for clients without regard to national origin, marital status, race, color, religion, creed, disability, sex, or sexual orientation according to Minnesota Statutes, section 363A.11. The assessment must be done in a language the client understands. The requirements in items A to C apply to the placing authority.

A.

The county shall provide a chemical use assessment as provided in part 9530.6615 for all clients who do not have an assessment available to them from a tribal governing board or prepaid health plan. If the county of financial responsibility does not arrange for or provide the service, the county where the client requested the service must provide the service, and then follow the procedures in Minnesota Statutes, section 256G.09, to resolve any dispute between counties.

B.

A tribal governing board that contracts with the department to provide chemical use assessments and that authorizes payment for chemical dependency treatment under Minnesota Statutes, chapter 254B, must provide a chemical use assessment for a person residing on a reservation who seeks assessment or treatment or for whom treatment is sought, as provided in part 9530.6615, if the person is:

(1)

recognized as an American Indian; or

(2)

a relative of a person who is recognized as an American Indian. For purposes of this subpart, a "relative" means a person who is related by blood, marriage, or adoption, or is an important friend who resides with a person recognized as an American Indian on a reservation.

C.

Organizations contracting with the department to provide a prepaid health plan that includes the provision of chemical dependency services to enrollees, and that utilizes funds authorized under Minnesota Statutes, chapters 256B and 256D, shall provide a chemical use assessment for enrollees who seek treatment or for whom treatment is sought as provided in part 9530.6615, and shall place enrollees in accordance with the contract that is currently in force with the department.

Subp. 2.

Placing authority records.

The placing authority must:

A.

maintain records that demonstrate compliance with parts 9530.6600 to 9530.6660 for at least three years, except that records pertaining to individual client services must be maintained for at least four years; and

B.

provide documentation of the qualifications of assessors according to the standards established under part 9530.6615, subpart 2.

Subp. 3.

County designee.

The county may designate public, nonprofit, or proprietary agencies or individuals to provide assessments according to part 9530.6615 by a qualified assessor. An assessor designated by the county shall have no direct shared financial interest or referral relationship resulting in shared financial gain with a treatment provider, unless the county documents that either of the exceptions in item A or B exists:

A.

the treatment provider is a culturally specific service provider or a service provider with a program designed to treat persons of a specific age, sex, or sexual orientation and is available in the county and the service provider employs a qualified assessor;

B.

the county does not employ a sufficient number of qualified assessors and the only qualified assessors available in the county have a direct shared financial interest or a referral relationship resulting in shared financial gain with a treatment provider; or

C.

the county social service agency has an existing relationship with an assessor or service provider and elects to enter into a contract with that assessor to provide both assessment and treatment under the circumstances specified in the county contract and the county retains responsibility for making placement decisions.

Documentation of the exceptions in items A and B must be maintained at the county's office and be current within the last two years. The placing authority's assessment designee shall provide assessments and required documentation to the placing authority according to parts 9530.6600 to 9530.6660.

The placing authority is responsible for and cannot delegate making appropriate treatment planning decisions and placement authorizations.

Subp. 5.

Information release.

The placing authority shall, with proper releases of information, provide a copy of the assessment to the treatment provider who is authorized to provide services to the client. The placing authority shall provide the assessment to the treatment provider within seven days of the date of placement determination.

9530.6615 CHEMICAL USE ASSESSMENTS.

Subpart 1.

Assessment mandate; timelines.

The placing authority shall provide a chemical use assessment for each client seeking treatment or for whom treatment is sought for substance use disorder before the client is placed in a treatment program. The assessment must be done in a language the client understands and must be completed within the time limits specified. The placing authority shall provide interpreters for people who are deaf, deafblind, and hard-of-hearing and foreign language interpretive services when necessary.

A.

The placing authority must provide an assessment interview for the client within 20 calendar days from the date an appointment was requested for the client. The placing authority must interview clients who miss an appointment within 20 days of a subsequent request for an appointment.

B.

Within ten calendar days after the initial assessment interview, the placing authority must complete the assessment, make determinations, and authorize services.

C.

If the client is in jail or prison, the placing authority according to part 9530.6610, subpart 1, must complete the assessment and placement authorization. If the placing authority does not assess the client, the county where the client is held must assess the client and resolve disputes according to Minnesota Statutes, section 256G.09. The update in item D is not required if the client has been in jail or prison continuously from the time of the assessment interview until the initiation of service.

D.

If 45 calendar days have elapsed between the interview and initiation of services, the placing authority must update the assessment to determine whether the risk description has changed and whether the change in risk description results in a change in planned services. An update does not require a face-to-face contact and may be based on information from the client, collateral source, or treatment provider.

E.

The placing authority must provide a new assessment if six months have passed since the most recent assessment or assessment update.

F.

A placing authority may accept an assessment completed according to parts 9530.6600 to 9530.6655 from any other placing authority or designee in order to meet the requirements of this part.

Subp. 2.

Staff performing assessment.

Chemical use assessments must be conducted by qualified staff. An individual is qualified to perform chemical use assessments if the individual meets the criteria in item A, B, or C:

A.

The individual meets the exception in Minnesota Statutes, section 148C.11, and has successfully completed 30 hours of classroom instruction on chemical use assessments and has 2,000 hours of work experience in chemical use assessments, either as an intern or as an employee.

An individual qualified under this item must also annually complete a minimum of eight hours of in-service training or continuing education related to providing chemical use assessments.

B.

The individual is:

(1)

licensed under Minnesota Statutes, chapter 148C, and not excluded under Minnesota Statutes, section 148C.11;

(2)

certified by the Upper Midwest Indian Council on Addictive Disorders; or

(3)

designated by a federally recognized Indian tribe and provides assessments under the jurisdiction of that tribe.

C.

The individual meets the exception in Minnesota Statutes, section 148C.11, has completed 30 hours of classroom instruction on chemical use assessment, and is receiving clinical supervision from an individual who meets the requirements in item A or B.

Subp. 3.

Method of assessment.

The assessor must gather the information necessary to determine the application of the criteria in parts 9530.6600 to 9530.6655 and record the information in a format prescribed by the commissioner. The assessor must complete an assessment summary as prescribed by the commissioner for each client assessed for treatment services. The assessment summary and information gathered shall be maintained in the client's case record and submitted to the department using procedures specified by the commissioner. At a minimum, the assessment must include:

A.

a personal face-to-face interview with the client;

B.

a review of relevant records or reports regarding the client consistent with subpart 6; and

C.

contacts with two sources of collateral information that have relevant information and are reliable in the judgment of the assessor or documentation that the sources were not available. The following requirements apply to the gathering of collateral information:

(1)

before the assessor determines that a collateral source is not available, the assessor must make at least two attempts to contact that source, one of which must be by mail;

(2)

one source must be the individual or agency that referred the client;

(3)

the assessor must get signed information releases from the client that allow the assessor to contact the collateral sources;

(4)

if the client refuses to sign the information releases, and the refusal results in the assessor not having enough information to complete the determinations required by part 9530.6620, the assessor shall not authorize services for the client; and

(5)

if the assessor has gathered sufficient information from the referral source and the client to apply the criteria in parts 9530.6620 and 9530.6622, it is not necessary to complete the second collateral contact.

Subp. 4.

Required documentation of assessment.

The client's record shall contain the following:

A.

applicable placement information gathered in compliance with part 9530.6620, subpart 1;

B.

the client's risk description in each dimension in part 9530.6622 and the reasons the specific risk description was assigned;

C.

information gathered about the client from collateral contacts, or documentation of why collateral contacts were not made;

D.

a copy of the forms completed by the assessor under subpart 3; and

E.

a record of referrals, if other than a placement under part 9530.6622.

Subp. 5.

Information provided.

The information gathered and assessment summary must be provided to the authorized treatment program.

Subp. 6.

Confidentiality requirements.

Placing authorities must meet the following confidentiality requirements:

A.

confidentiality of records as required under Minnesota Statutes, chapter 13, and section 254A.09;

B.

federal regulations for the privacy of substance abuse patient information, Code of Federal Regulations, title 42, parts 2.1 to 2.67; and

C.

federal privacy regulations under the Health Insurance Portability and Accountability Act, Code of Federal Regulations, title 45, parts 160.101 to 164.534.

9530.6620 PLACEMENT INFORMATION.

Subpart 1.

Placing authority determination of appropriate services.

Using the dimensions in part 9530.6622, the placing authority must determine appropriate services for clients. The placing authority must gather information about the client's age, sex, race, ethnicity, culture, religious preference, sexual orientation, disability, current pregnancy status, and home address. The placing authority must consider the risk descriptions in items A to F.

A.

Using the risk description in part 9530.6622, subpart 1, referred to as Dimension 1, the placing authority must determine the client's acute intoxication/withdrawal potential. The placing authority must consider information about the client's amount and frequency of use, duration of use, date and time of last use, ability to cope with withdrawal symptoms, previous experience with withdrawal, and current state of intoxication, and determine whether the client meets the DSM criteria for a person with substance use disorder.

B.

Using the risk description in part 9530.6622, subpart 2, referred to as Dimension 2, the placing authority must determine the client's biomedical conditions and complications. The placing authority must consider the presence of physical disorders, severity of the disorder and degree to which the disorder would interfere with treatment and whether physical disorders are addressed by a health care professional, and the client's ability to tolerate the related discomfort.

C.

Using the risk description in part 9530.6622, subpart 3, referred to as Dimension 3, the placing authority must determine the client's emotional, behavioral, or cognitive condition. The placing authority must consider the severity of client's problems and degree to which they are likely to interfere with treatment or with functioning in significant life areas and the likelihood of risk of harm to self or others.

D.

Using the risk description in part 9530.6622, subpart 4, referred to as Dimension 4, the placing authority must determine the client's readiness for change. The placing authority must consider the degree to which the client is aware of the client's addictive or mental health issues or the need to make changes in substance use and the degree to which the client is cooperative and compliant with treatment recommendations. The placing authority must also consider the amount of support and encouragement necessary to keep the client involved in treatment.

E.

Using the risk description in part 9530.6622, subpart 5, referred to as Dimension 5, the placing authority must determine the client's relapse, continued use, and continued problem potential. The placing authority must consider the degree to which the client recognizes relapse issues and has the skills to prevent relapse of either substance use or mental health problems.

F.

Using the risk description in part 9530.6622, subpart 6, referred to as Dimension 6, the placing authority must determine the client's recovery environment. The placing authority must consider the degree to which key areas of the client's life are supportive of or antagonistic to treatment participation and recovery. Key areas include the client's work, school and home environment, significant others, friends, involvement in criminal activity, and whether there is a serious threat to the client's safety.

Subp. 2.

Immediate needs.

At the earliest opportunity during an assessment interview, the assessor shall determine if any of the conditions in items A to C exist. The client:

A.

is in severe withdrawal and likely to be a danger to self or others;

B.

has severe medical problems that require immediate attention; or

C.

has severe emotional or behavioral symptoms that place the client or others at risk of harm.

If one of the conditions in item A, B, or C is present, the assessor will end the assessment interview and help the client obtain appropriate services. The assessment interview may resume when the conditions in item A, B, or C are resolved.

Subp. 3.

DSM criteria.

The placing authority must determine whether the client meets the criteria for substance use disorder in the current DSM publication during the most recent 12-month period, exclusive of periods of involuntary abstinence.

Subp. 4.

Risk description and treatment planning decision.

The placing authority must determine appropriate services for clients according to the dimensions in part 9530.6622, subparts 1 to 6. In each dimension the risk description corresponds to a similarly numbered treatment planning decision. The placing authority must arrange services according to the treatment planning decision which corresponds to the client's risk description.

Subp. 5.

Treatment service authorization.

The placing authority must authorize treatment services for clients who meet the criteria for substance use disorder according to the current DSM publication, and have a risk description of 2, 3, or 4 under part 9530.6622, subpart 4, 5, or 6.

Subp. 6.

Other services.

The placing authority must authorize appropriate services in part 9530.6622, subpart 1, 2, or 3, only in conjunction with treatment services in part 9530.6622, subpart 4, 5, or 6.

Subp. 7.

Highest risk.

The placing authority must coordinate, provide, or ensure services that first address the client's highest risk and then must authorize additional treatment services to the degree that other dimensions can be addressed simultaneously with services that address the client's highest risk.

Subp. 8.

Service coordination.

The placing authority must either provide or authorize coordination services for clients who have a risk description of 3 or 4 under part 9530.6622, subpart 4, 5, or 6, or a risk description of 3 in part 9530.6622, subpart 3. The coordination must be sufficient to help the client access each needed service. The placing authority must not duplicate service coordination activity that is already in place for the client.

Subp. 9.

Client choice.

The placing authority must authorize chemical dependency treatment services that are appropriate to the client's age, gender, culture, religious preference, race, ethnicity, sexual orientation, or disability according to the client's preference. The placing authority maintains the responsibility and right to choose the specific provider. The provider must meet the criteria in Minnesota Statutes, section 254B.05, and apply under part 9505.0195 to participate in the medical assistance program. The placing authority may deviate from the treatment planning decisions in part 9530.6622 if necessary to authorize appropriate services according to this subpart.

Subp. 10.

Distance exceptions.

The placing authority may authorize residential service although residential service is not indicated according to part 9530.6622, if the placing authority determines that a nonresidential service is not available within 30 miles of the client's home and the client accepts residential service.

Subp. 11.

Faith-based provider referral.

When the placing authority recommends services from a faith-based provider, the client must be allowed to object to the placement on the basis of the client's religious choice. If the client objects, the client must be given an alternate referral.

Subp. 12.

Adolescent exceptions.

An adolescent client assessed as having a substance use disorder may be placed in a program offering room and board when one of the criteria in item A or B can be documented.

A.

The adolescent client has participated in a nonresidential treatment program within the past year, and nonresidential treatment proved to be insufficient to meet the client's needs.

B.

The adolescent client has a mental disorder documented by a mental health professional as defined in Minnesota Statutes, sections 245.462, subdivision 18, and 245.4871, subdivision 27, that in combination with a substance use disorder present a serious health risk to the client.

Subp. 13.

Additional information.

If a treatment provider identifies additional information about a client that indicates that the placing authority has not authorized the most appropriate array of services, the provider must provide the placing authority the additional information to consider in determining whether a different authorization must be made. The treatment provider must comply with confidentiality and data privacy provisions in part 9530.6615, subpart 6.

Subp. 14.

Client request for a provider.

The placing authority must consider a client's request for a specific provider. If the placing authority does not place the client according to the client's request, the placing authority must provide written documentation that explains the reason for the deviation from the client's request, including but not limited to treatment cost, provider location, or the absence of client services that are identified as needed by the client according to part 9530.6622.

9530.6622 PLACEMENT CRITERIA.

Subpart 1.

Dimension 1: acute intoxication/withdrawal potential.

The placing authority must use the criteria in Dimension 1 to determine a client's acute intoxication and withdrawal potential.

RISK DESCRIPTION	TREATMENT PLANNING DECISION
0 The client displays full functioning with good ability to tolerate and cope with withdrawal discomfort. No signs or symptoms of intoxication or withdrawal or diminishing signs or symptoms.	0 The client's condition described in the risk description does not impact treatment planning decision.
1 The client can tolerate and cope with withdrawal discomfort. The client displays mild to moderate intoxication or signs and symptoms interfering with daily functioning but does not immediately endanger self or others. The client poses minimal risk of severe withdrawal.	1 The placing authority should arrange for or provide needed withdrawal monitoring that includes at least scheduled check-ins as determined by a health care professional.
2 The client has some difficulty tolerating and coping with withdrawal discomfort. The client's intoxication may be severe, but responds to support and treatment such that the client does not immediately endanger self or others. The client displays moderate signs and symptoms with moderate risk of severe withdrawal.	2 The placing authority must arrange for withdrawal monitoring services or pharmacological interventions for the client with on-site monitoring by specially trained staff for less than 24 hours. The placing authority may authorize withdrawal monitoring as a part of or preceding treatment.
3 The client tolerates and copes with withdrawal discomfort poorly. The client has severe intoxication, such that the client endangers self or others, or intoxication has not abated with less intensive services. The client displays severe signs and symptoms; or risk of severe, but manageable withdrawal; or withdrawal worsening despite detoxification at less intensive level.	3 The placing authority must arrange for detoxification services with 24-hour structure for the client. Unless a monitored pharmacological intervention is authorized, the detoxification must be provided in a facility that meets the requirements of parts 9530.6510 to 9530.6590 or in a hospital as a part of or preceding chemical dependency treatment.
4 The client is incapacitated with severe signs and symptoms. The client displays severe withdrawal and is a danger to self or others.	4 The placing authority must arrange detoxification services for the client with 24-hour medical care and nursing supervision preceding substance abuse treatment.

Subp. 2.

Dimension 2: biomedical conditions and complications.

The placing authority must use the criteria in Dimension 2 to determine a client's biomedical conditions and complications.

RISK DESCRIPTION	TREATMENT PLANNING DECISION
0 The client displays full functioning with good ability to cope with physical discomfort.	0 The client's risk does not impact treatment planning decisions.
1 The client tolerates and copes with physical discomfort and is able to get the services that the client needs.	1 The placing authority may refer the client for medical services.
2 The client has difficulty tolerating and coping with physical problems or has other biomedical problems that interfere with recovery and treatment. The client neglects or does not seek care for serious biomedical problems.	2 Services must include arrangements for appropriate health care services, and monitoring of the client's progress and treatment compliance as part of other chemical dependency services for the client.
3 The client tolerates and copes poorly with physical problems or has poor general health. The client neglects the client's medical problems without active assistance.	3 The placing authority must refer the client for immediate medical assessment services for the client as part of other treatment services for the client. The placing authority must authorize treatment services in a medical setting if indicated by the client's history and presenting problems.
4 The client is unable to participate in chemical dependency treatment and has severe medical problems, a condition that requires immediate intervention, or is incapacitated.	4 The placing authority must refer the client for immediate medical intervention to secure the client's safety and must delay treatment services until the client is able to participate in most treatment activities.

Subp. 3.

Dimension 3: emotional, behavioral, and cognitive conditions and complications.

The placing authority must use the criteria in Dimension 3 to determine a client's emotional, behavioral, and cognitive conditions and complications.

RISK DESCRIPTION	TREATMENT PLANNING DECISION
0 The client has good impulse control and coping skills and presents no risk of harm to self or others. The client functions in all life areas and displays no emotional, behavioral, or cognitive problems or the problems are stable.	0 The placing authority may use the attributes in the risk description to support efforts in other dimensions.
1 The client has impulse control and coping skills. The client presents a mild to moderate risk of harm to self or others or displays symptoms of emotional, behavioral, or cognitive problems. The client has a mental health diagnosis and is stable. The client functions adequately in significant life areas.	1 The placing authority may authorize monitoring and observation of the client's behavior to determine whether the client's stability has improved or declined along with other substance abuse treatment for the client.
2 The client has difficulty with impulse control and lacks coping skills. The client has thoughts of suicide or harm to others without means; however, the thoughts may interfere with participation in some activities. The client has difficulty functioning in significant life areas. The client has moderate symptoms of emotional, behavioral, or cognitive problems. The client is able to participate in most treatment activities.	2 The placing authority must authorize treatment services for clients that include: consultation with and referral to mental health professionals as indicated, monitoring mental health problems and treatment compliance as part of other chemical dependency treatment for the client; and adjustment of the client's services as appropriate.
3 The client has a severe lack of impulse control and coping skills. The client also has frequent thoughts of suicide or harm to others including a plan and the means to carry out the plan. In addition, the client is severely impaired in significant life areas and has severe symptoms of emotional, behavioral, or cognitive problems that interfere with the client's participation in treatment activities.	3 The placing authority must authorize integrated chemical and mental health treatment services provided by a provider licensed under Minnesota Statutes, section 245G.20, and 24-hour supervision.
4 The client has severe emotional or behavioral symptoms that place the client or others at acute risk of harm. The client also has intrusive thoughts of harming self or others. The client is unable to participate in treatment activities.	4 The placing authority must refer the client for acute psychiatric care with 24-hour supervision and must delay chemical dependency treatment services until the client's risk description has been reduced to number 3 in this dimension or refer the client to a mental health crisis response system.

Subp. 4.

Dimension 4: readiness for change.

The placing authority must use the criteria in Dimension 4 to determine a client's readiness for change.

RISK DESCRIPTION	TREATMENT PLANNING DECISION
0 The client is cooperative, motivated, ready to change, admits problems, committed to change, and engaged in treatment as a responsible participant.	0 The placing authority may use the attributes in the risk description to support efforts in other dimensions.
1 The client is motivated with active reinforcement, to explore treatment and strategies for change, but ambivalent about illness or need for change.	1 If services are authorized, they must include active support, encouragement, and awareness-raising strategies along with chemical dependency treatment services for the client.
2 The client displays verbal compliance, but lacks consistent behaviors; has low motivation for change; and is passively involved in treatment.	2 The placing authority must authorize treatment services for the client that include client engagement strategies.
3 The client displays inconsistent compliance, minimal awareness of either the client's addiction or mental disorder, and is minimally cooperative.	3 The placing authority must authorize treatment services that have specific client engagement and motivational capabilities.
4 The client is:	4 The placing authority must authorize treatment services that include:
(A) noncompliant with treatment and has no awareness of addiction or mental disorder and does not want or is unwilling to explore change or is in total denial of the client's illness and its implications; or	(A) service coordination and specific engagement or motivational capability; or
(B) the client is dangerously oppositional to the extent that the client is a threat of imminent harm to self and others.	(B) 24-hour supervision and care that meets the requirements of Minnesota Statutes, section 245G.21.

Subp. 5.

Dimension 5: relapse, continued use, and continued problem potential.

The placing authority must use the criteria in Dimension 5 to determine a client's relapse, continued use, and continued problem potential.

RISK DESCRIPTION	TREATMENT PLANNING DECISION
0 The client recognizes risk well and is able to manage potential problems.	0 The placing authority may facilitate peer support for the client.
1 The client recognizes relapse issues and prevention strategies, but displays some vulnerability for further substance use or mental health problems.	1 The placing authority may promote peer support and authorize counseling services to reduce risk.
2 (A) The client has minimal recognition and understanding of relapse and recidivism issues and displays moderate vulnerability for further substance use or mental health problems.	2 (A) The placing authority must authorize treatment services for clients that include counseling services to reduce client relapse risk and facilitate client participation in peer support groups.
(B) The client has some coping skills inconsistently applied.	(B) The placing authority must promote peer support and authorize counseling services or service coordination programs that comply with Minnesota Statutes, section 245G.22, or Code of Federal Regulations, title 42, part 8.
3 The client has poor recognition and understanding of relapse and recidivism issues and displays moderately high vulnerability for further substance use or mental health problems. The client has few coping skills and rarely applies coping skills.	3 The placing authority must authorize treatment services for the client that include counseling services to help the client develop insight and build recovery skills and may include room and board.
4 The client has no coping skills to arrest mental health or addiction illnesses, or prevent relapse. The client has no recognition or understanding of relapse and recidivism issues and displays high vulnerability for further substance use disorder or mental health problems.	4 The placing authority must authorize treatment services that include service coordination and counseling services to help the client develop insight and may include room and board with 24-hour-a-day structure.

Subp. 6.

Dimension 6: recovery environment.

The placing authority must use the criteria in Dimension 6 to determine a client's recovery environment.

RISK DESCRIPTION	TREATMENT PLANNING DECISION
0 The client is engaged in structured, meaningful activity and has a supportive significant other, family, and living environment.	0 The placing authority may use the client's strengths to address issues in other dimensions.
1 The client has passive social network support or family and significant other are not interested in the client's recovery. The client is engaged in structured meaningful activity.	1 The placing authority may promote peer support and awareness raising for the client's significant other and family.
2 The client is engaged in structured, meaningful activity, but peers, family, significant other, and living environment are unsupportive, or there is criminal justice involvement by the client or among the client's peers, significant other, or in the client's living environment.	2 The placing authority must authorize treatment services for the client that help the client participate in a peer support group, engage the client's significant other or family to support the client's treatment, and help the client develop coping skills or change the client's recovery environment.
3 The client is not engaged in structured, meaningful activity and the client's peers, family, significant other, and living environment are unsupportive, or there is significant criminal justice system involvement.	3 The placing authority must authorize the treatment planning decision described in 2 and service coordination, and help find an appropriate living arrangement and may include room and board.
4 The client has:	4 The placing authority must authorize for the client:
(A) a chronically antagonistic significant other, living environment, family, peer group, or long-term criminal justice involvement that is harmful to recovery or treatment progress; or	(A) the treatment planning decision in 3 and appropriate ancillary services, and room and board within 24-hour structure authorized for the client if an appropriate living arrangement is not readily available; or
(B) the client has an actively antagonistic significant other, family, work, or living environment, with immediate threat to the client's safety and well-being.	(B) treatment services that include service coordination and immediate intervention to secure the client's safety. Room and board with 24-hour structure must be authorized for the client if an appropriate living arrangement is not readily available.

9530.6655 APPEALS.

Subpart 1.

Client's right to a second assessment.

A client who has been assessed under part 9530.6615, and who disagrees with the treatment planning decision proposed by the assessor, shall have the right to request a second chemical use assessment. The placing authority shall inform the client in writing of the right to request a second assessment at the time the client is assessed. The placing authority shall also inform the client that the client's request must be in writing or on a form approved by the commissioner, and must be received by the placing authority within five working days of completion of the original assessment or before the client enters treatment, whichever occurs first.

The placing authority must authorize a second chemical use assessment by a different qualified assessor within five working days of receipt of a request for reassessment. If the client agrees with the outcome of the second assessment, the placing authority shall place the client in accordance with part 9530.6622 and the second assessment. If the client disagrees with the outcome of the second assessment, the placing authority must place the client according to the assessment that is most consistent with the client's collateral information.

Subp. 2.

Client's right to appeal.

A client has the right to a fair hearing under Minnesota Statutes, section 256.045, if the client:

A.

is denied an initial assessment or denied an initial assessment within the timelines in part 9530.6615, subpart 1;

B.

is denied a second assessment under subpart 1 or denied a second assessment within the timelines in part 9530.6655, subpart 1;

C.

is denied placement or a placement within timelines in part 9530.6615, subpart 1;

D.

disagrees before services begin with the services or the length of services that the placing authority proposes to authorize;

E.

is receiving authorized services and is denied additional services that would extend the length of the current services beyond the end date specified in the service authorization;

F.

is denied a placement that is appropriate to the client's race, color, creed, disability, national origin, religious preference, marital status, sexual orientation, or sex; or

G.

objects under part 9530.6622, subpart 11, and is not given an alternate referral.

The placing authority must inform the client of the right to appeal under Minnesota Statutes, section 256.045. The placing authority must notify the client of these rights at the first in-person contact with the client. The notice must include a list of the issues in this part that entitle the client to a fair hearing. Clients who are enrolled in a prepaid health plan and clients who are not enrolled in a prepaid health plan have the same appeal rights.

Subp. 3.

Services during appeal of additional services.

Exercising the right to appeal under subpart 2, item E, does not entitle a client to continue receiving services beyond the end date specified in the service authorization while the appeal is being decided. A provider may continue services to the client beyond the end date specified in the service authorization pending a final commissioner's decision, but the conditions in items A and B govern payment for the continued services.

A.

The provider shall be financially responsible for all hours or days of service in excess of the amount of service to which the final commissioner's decision finds the client is entitled.

B.

The provider shall not charge the client for any services provided beyond the end date specified in the placement authorization.

Subp. 4.

Considerations in granting or denying additional services.

The placing authority shall take into consideration the following factors in determining whether to grant or deny additional services:

A.

whether the client has achieved the objectives stated in the client's individual treatment plan;

B.

whether the client is making satisfactory progress toward achieving the objectives stated in the client's individual treatment plan;

C.

whether there is a plan that reasonably addresses the client's needs for continued service; and

D.

whether the client's risk description in the dimensions being addressed by the service provider is 2 or greater according to part 9530.6622, subpart 4, 5, or 6.