HF 5267

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 02:52pm

A bill for an act
relating to early childhood; the governor's budget bill for early childhood programs;
modifying provisions related to child welfare and child care licensing; making
technical changes to early childhood law; updating the Department of Children,
Youth, and Families recodification; appropriating money; amending Minnesota
Statutes 2022, sections 245.975, subdivisions 2, 4, 9; 245A.07, subdivision 6;
245A.10, subdivisions 1, as amended, 2, as amended; 245A.144; 245A.175;
256.029, as amended; 260C.007, subdivisions 5, 6, by adding subdivisions;
260C.212, subdivision 13; 260E.03, by adding a subdivision; 260E.14, subdivision
3; 260E.36, subdivision 1a; Minnesota Statutes 2023 Supplement, sections 245A.16,
subdivision 1, as amended; 245A.66, subdivision 4, as amended; 256M.42, by
adding a subdivision; 260.761, subdivision 2; 260.762, subdivision 2; 260E.02,
subdivision 1; 260E.03, subdivisions 15a, 15b, 22; 260E.14, subdivision 5; 260E.17,
subdivision 1; 260E.18; 260E.20, subdivision 2; 260E.24, subdivisions 2, 7;
260E.33, subdivision 1; 260E.35, subdivision 6; Laws 2023, chapter 70, article
12, section 30, subdivisions 2, 3; article 20, sections 2, subdivision 24; 23; Laws
2024, chapter 80, article 1, sections 34, subdivision 2; 96; article 2, sections 5,
subdivision 21; 7, subdivision 2; 10, subdivision 6; 16, subdivision 1; 30,
subdivision 2; 31; 74; article 4, section 26; article 6, section 4; article 7, section
4; proposing coding for new law in Minnesota Statutes, chapter 142A; proposing
coding for new law as Minnesota Statutes, chapter 142B; repealing Minnesota
Statutes 2022, sections 245.975, subdivision 8; 245A.065; Laws 2024, chapter 80,
article 2, sections 1, subdivision 11; 3, subdivision 3; 4, subdivision 4; 10,
subdivision 4; 33; 69; Minnesota Rules, part 9545.0845.

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

ARTICLE 1

CHILD WELFARE

Section 1.

Minnesota Statutes 2023 Supplement, section 260.761, subdivision 2, is amended
to read:

Subd. 2.

Notice to Tribes of services or court proceedings involving an Indian
child.

(a) When a child-placing agency has information that a family assessment,
investigation, or noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment being conducted may
involve an Indian child, the child-placing agency shall notify the Indian child's Tribe of the
family assessment, investigation, or noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment according
to section 260E.18. The child-placing agency shall provide initial notice by telephone and
by email or facsimile and shall include the child's full name and date of birth; the full names
and dates of birth of the child's biological parents; and if known the full names and dates
of birth of the child's grandparents and of the child's Indian custodian. If information
regarding the child's grandparents or Indian custodian is not immediately available, the
child-placing agency shall continue to request this information and shall notify the Tribe
when it is received. Notice shall be provided to all Tribes to which the child may have any
Tribal lineage. The child-placing agency shall request that the Tribe or a designated Tribal
representative participate in evaluating the family circumstances, identifying family and
Tribal community resources, and developing case plans. The child-placing agency shall
continue to include the Tribe in service planning and updates as to the progress of the case.

(b) When a child-placing agency has information that a child receiving services may be
an Indian child, the child-placing agency shall notify the Tribe by telephone and by email
or facsimile of the child's full name and date of birth, the full names and dates of birth of
the child's biological parents, and, if known, the full names and dates of birth of the child's
grandparents and of the child's Indian custodian. This notification must be provided for the
Tribe to determine if the child is a member or eligible for Tribal membership, and the agency
must provide this notification to the Tribe within seven days of receiving information that
the child may be an Indian child. If information regarding the child's grandparents or Indian
custodian is not available within the seven-day period, the child-placing agency shall continue
to request this information and shall notify the Tribe when it is received. Notice shall be
provided to all Tribes to which the child may have any Tribal lineage.

(c) In all child placement proceedings, when a court has reason to believe that a child
placed in emergency protective care is an Indian child, the court administrator or a designee
shall, as soon as possible and before a hearing takes place, notify the Tribal social services
agency by telephone and by email or facsimile of the date, time, and location of the
emergency protective care or other initial hearing. The court shall make efforts to allow
appearances by telephone or video conference for Tribal representatives, parents, and Indian
custodians.

(d) The child-placing agency or individual petitioner shall effect service of any petition
governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt
requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least
10 days before the admit-deny hearing is held. If the identity or location of the Indian child's
parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall
provide the notice required in this paragraph to the United States Secretary of the Interior,
Bureau of Indian Affairs by certified mail, return receipt requested.

(e) A Tribe, the Indian child's parents, or the Indian custodian may request up to 20
additional days to prepare for the admit-deny hearing. The court shall allow appearances
by telephone, video conference, or other electronic medium for Tribal representatives, the
Indian child's parents, or the Indian custodian.

(f) A child-placing agency or individual petitioner must provide the notices required
under this subdivision at the earliest possible time to facilitate involvement of the Indian
child's Tribe. Nothing in this subdivision is intended to hinder the ability of the child-placing
agency, individual petitioner, and the court to respond to an emergency situation. Lack of
participation by a Tribe shall not prevent the Tribe from intervening in services and
proceedings at a later date. A Tribe may participate in a case at any time. At any stage of
the child-placing agency's involvement with an Indian child, the agency shall provide full
cooperation to the Tribal social services agency, including disclosure of all data concerning
the Indian child. Nothing in this subdivision relieves the child-placing agency of satisfying
the notice requirements in state or federal law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 260.762, subdivision 2, is amended
to read:

Subd. 2.

Requirements for child-placing agencies and individual petitioners.

A
child-placing agency or individual petitioner shall:

(1) work with the Indian child's Tribe and family to develop an alternative plan to
out-of-home placement;

(2) before making a decision that may affect an Indian child's safety and well-being or
when contemplating out-of-home placement of an Indian child, seek guidance from the
Indian child's Tribe on family structure, how the family can seek help, what family and
Tribal resources are available, and what barriers the family faces at that time that could
threaten its preservation; deleted text begin and
deleted text end

(3) request participation of the Indian child's Tribe at the earliest possible time and
request the Tribe's active participation throughout the case deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) notify the Indian child's Tribe or Tribes by telephone and by email or facsimile
immediately but no later than 24 hours after receiving information on a missing child as
defined under section 260C.212, subdivision 13, paragraph (a).
new text end

Sec. 3.

Minnesota Statutes 2022, section 260C.007, subdivision 5, is amended to read:

Subd. 5.

Child abuse.

"Child abuse" means an act that involves a minor victim that
constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, new text begin 609.282, new text end
609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.3458, 609.377, 609.378,
617.246, or that is physical or sexual abuse as defined in section 260E.03, or an act committed
in another state that involves a minor victim and would constitute a violation of one of these
sections if committed in this state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 4.

Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or
services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03,
subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined
in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child
abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as
defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care for the
child's physical or mental health or morals because the child's parent, guardian, or custodian
is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to provide
that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from an infant with a disability with a life-threatening
condition. The term "withholding of medically indicated treatment" means the failure to
respond to the infant's life-threatening conditions by providing treatment, including
appropriate nutrition, hydration, and medication which, in the treating physician's, advanced
practice registered nurse's, or physician assistant's reasonable medical judgment, will be
most likely to be effective in ameliorating or correcting all conditions, except that the term
does not include the failure to provide treatment other than appropriate nutrition, hydration,
or medication to an infant when, in the treating physician's, advanced practice registered
nurse's, or physician assistant's reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival of
the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved
of the child's care and custody, including a child who entered foster care under a voluntary
placement agreement between the parent and the responsible social services agency under
section 260C.227;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical disability,
or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;

(11) is a sexually exploited youth;

new text begin (12) is a labor trafficked youth;
new text end

deleted text begin (12) deleted text end new text begin (13) new text end has committed a delinquent act or a juvenile petty offense before becoming
ten years old;

deleted text begin (13) deleted text end new text begin (14) new text end is a runaway;

deleted text begin (14) deleted text end new text begin (15) new text end is a habitual truant;

deleted text begin (15) deleted text end new text begin (16) new text end has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; or

deleted text begin (16) deleted text end new text begin (17) new text end has a parent whose parental rights to one or more other children were
involuntarily terminated or whose custodial rights to another child have been involuntarily
transferred to a relative and there is a case plan prepared by the responsible social services
agency documenting a compelling reason why filing the termination of parental rights
petition under section 260C.503, subdivision 2, is not in the best interests of the child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 5.

Minnesota Statutes 2022, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 33. new text end

new text begin Labor trafficked youth. new text end

new text begin For the purposes of this section, "labor trafficked
youth" means a child, as defined in subdivision 4, who:
new text end

new text begin (1) is a labor trafficking victim as defined in section 609.281, subdivision 6; or
new text end

new text begin (2) is a victim of severe forms of trafficking in persons as defined in United States Code,
title 22, section 7102(11)(B).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 6.

Minnesota Statutes 2022, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 34. new text end

new text begin Human trafficking. new text end

new text begin For purposes of this section, "human trafficking" includes
labor trafficking as defined in section 609.281, subdivision 5; sex trafficking as defined in
section 609.321, subdivision 7a; and severe forms of trafficking in persons as defined in
United States Code, title 22, section 7102(11).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 7.

Minnesota Statutes 2022, section 260C.212, subdivision 13, is amended to read:

Subd. 13.

deleted text begin Protecting deleted text end new text begin Responding to new text end missing deleted text begin and runaway deleted text end children and youth deleted text begin at
risk of sex deleted text end new text begin and preventing human new text end trafficking deleted text begin or commercial sexual exploitation deleted text end .

new text begin (a)
For purposes of this subdivision, "missing child or youth" means a child, as defined by
section 260C.007, subdivision 4, who is under the legal custody of a responsible social
services agency, as defined by section 260C.007, subdivision 22, and is absent from the
foster care setting, including family foster home, residential facility or independent living
setting, or home of the parent or guardian during a trial home visit, and cannot be located.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end The deleted text begin local deleted text end new text begin responsible new text end social services agency shall new text begin develop protocols to
new text end expeditiously locate any new text begin missing new text end child deleted text begin missing from foster care deleted text end new text begin or youth new text end .

deleted text begin (b) deleted text end new text begin (c) new text end new text begin When new text end the deleted text begin local deleted text end new text begin responsible new text end social services agency deleted text begin shall report deleted text end new text begin learns that a child
or youth is missing, the agency staff must new text end immediately, but no later than 24 hours deleted text begin , deleted text end after
receiving information deleted text begin on a missing or abducted child deleted text end new text begin :
new text end

new text begin (1) report new text end to the local law enforcement agency for entry into the National Crime
Information Center (NCIC) database of the Federal Bureau of Investigation, and to the
National Center for Missing and Exploited Children new text begin and document having made this report new text end . new text begin
When making a report to local law enforcement and National Center for Missing and
Exploited Children, the agency must include, when reasonably possible:
new text end

new text begin (i) a photo of the child or youth;
new text end

new text begin (ii) a description of the child or youth's physical features, such as height, weight, sex,
ethnicity, race, hair color, and eye color; and
new text end

new text begin (iii) endangerment information, such as the child or youth's pregnancy status,
prescriptions, medications, suicidal tendencies, vulnerability to being trafficked, and other
health or risk factors; and
new text end

new text begin (2) notify the court, parties to the case, parents and relatives who are not parties as the
agency deems appropriate, and any Tribe who has legal responsibility or received notice
under section 260.761, subdivision 2, but has not yet determined enrollment or eligibility
status.
new text end

deleted text begin (c) deleted text end new text begin (d) While the child or youth is missing, new text end the deleted text begin local deleted text end new text begin responsible new text end social services agency
deleted text begin shall deleted text end new text begin must:
new text end

new text begin (1) implement protocols to expeditiously locate the child or youth;
new text end

new text begin (2) maintain regular communication with law enforcement agencies and the National
Center for Missing and Exploited Children in efforts to provide a safe recovery of the missing
child or youth and document this communication;
new text end

new text begin (3) share information pertaining to the child or youth's recovery, and circumstances
related to recovery, with law enforcement agencies and the National Center for Missing
and Exploited Children; and
new text end

new text begin (4) new text end not discharge a child new text begin or youth new text end from foster care or close the social services case until
diligent efforts have been exhausted to locate the child new text begin or youth new text end and the court terminates
the agency's jurisdiction.

deleted text begin (d) deleted text end new text begin (e) When the child or youth is located, new text end the deleted text begin local deleted text end new text begin responsible new text end social services agency
deleted text begin shall deleted text end new text begin must:
new text end

new text begin (1) notify all individuals and agencies that require notification in paragraph (c) of the
child or youth's return;
new text end

new text begin (2) interview the child or youth to new text end determine new text begin and document, on a form approved by the
commissioner of human services, what the child or youth experienced while missing and new text end
the primary factors that contributed to the deleted text begin child's running away or otherwise being absent deleted text end new text begin
child or youth's absence new text end from care deleted text begin and, deleted text end new text begin :
new text end

new text begin (3) new text end to the extent possible and appropriate, respond to deleted text begin those deleted text end new text begin the primary contributing new text end
factors in current and subsequent placements deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (e) The local social services agency shall determine what the child experienced while
absent from care, including screening deleted text end new text begin (4) screen new text end the child new text begin or youth's reported experience new text end
to deleted text begin determine deleted text end new text begin identify new text end if the child new text begin or youth new text end is a possible deleted text begin sex deleted text end new text begin victim of human new text end trafficking deleted text begin or
commercial sexual exploitation victim deleted text end new text begin , new text end as defined in section 260C.007, subdivision deleted text begin 31 deleted text end new text begin 33 new text end .

deleted text begin (f) deleted text end new text begin (5) if the child or youth is identified to have been a victim of human trafficking, new text end the
deleted text begin local social services deleted text end agency deleted text begin shall deleted text end new text begin must new text end report immediately, but no later than 24 hours, to
deleted text begin the deleted text end local law enforcement deleted text begin agency any reasonable cause to believe a child is, or is at risk of
being, a sex trafficking or commercial sexual exploitation victim deleted text end .

deleted text begin (g) deleted text end new text begin (f) With respect to any child or youth for whom the responsible social services agency
has responsibility for placement, care, or supervision, new text end the deleted text begin local deleted text end new text begin responsible new text end social services
agency shall deleted text begin determine deleted text end new text begin :
new text end

new text begin (1) identify and document any reasonable cause to believe that the child or youth is a
human trafficking victim as defined in section 260C.007, subdivision 33, or a youth at risk
of sex trafficking or commercial sexual exploitation as defined by the commissioner of
human services; and
new text end

new text begin (2) provide access to new text end appropriate services new text begin , which may include services under Safe Harbor, new text end
as described in section deleted text begin 145.4717 deleted text end new text begin 145.4716, new text end deleted text begin with respect to any child for whom the local
social services agency has responsibility for placement, care, or supervision when the local
social services agency has reasonable cause to believe that the child is, or is at risk of being,
a sex trafficking or commercial sexual exploitation victim. deleted text end new text begin amending the child or youth's
out-of-home placement plan in subdivision 1, as necessary.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, except for paragraph (f),
which is effective July 1, 2025.
new text end

Sec. 8.

Minnesota Statutes 2023 Supplement, section 260E.02, subdivision 1, is amended
to read:

Subdivision 1.

Establishment of team.

A county shall establish a multidisciplinary
child protection team that may include deleted text begin , deleted text end but is not limited to deleted text begin , deleted text end the director of the local welfare
agency or designees, the county attorney or designees, the county sheriff or designees,
representatives of health and education, representatives of mental health, representatives of
agencies providing specialized services or responding to youth who experience or are at
risk of experiencing sex new text begin or labor new text end trafficking or sexual exploitation, or other appropriate
human services or community-based agencies, and parent groups. As used in this section,
a "community-based agency" may include, but is not limited to, schools, social services
agencies, family service and mental health collaboratives, children's advocacy centers, early
childhood and family education programs, Head Start, or other agencies serving children
and families. A member of the team must be designated as the lead person of the team
responsible for the planning process to develop standards for the team's activities with
battered women's and domestic abuse programs and services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 9.

Minnesota Statutes 2022, section 260E.03, is amended by adding a subdivision to
read:

new text begin Subd. 11a. new text end

new text begin Labor trafficking. new text end

new text begin "Labor trafficking" means the subjection of a child to
the acts listed in section 609.281, subdivision 5, limited to the purposes of forced or coerced
labor or services as defined by section 609.281, subdivision 4, and debt bondage as defined
by section 609.281, subdivision 3, regardless of whether the alleged offender is a
noncaregiver human trafficker as defined in subdivision 17a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 10.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 15a, is
amended to read:

Subd. 15a.

Noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficker.

"Noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficker"
means an individual who is alleged to have engaged in the act of sex new text begin or labor new text end trafficking a
child and who is not a person responsible for the child's care, who does not have a significant
relationship with the child as defined in section 609.341 deleted text begin , and who is not a person in a current
or recent position of authority as defined in section 609.341, subdivision 10 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 11.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 15b, is
amended to read:

Subd. 15b.

Noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment.

"Noncaregiver deleted text begin sex deleted text end new text begin human new text end
trafficking assessment" is a comprehensive assessment of child safety, the risk of subsequent
child maltreatment, and strengths and needs of the child and family. The local welfare
agency shall only perform a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment when a
maltreatment report alleges sex new text begin or labor new text end trafficking of a child by someone other than the
child's caregiver. A noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment does not include a
determination of whether child maltreatment occurred. A noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking
assessment includes a determination of a family's need for services to address the safety of
the child or children, the safety of family members, and the risk of subsequent child
maltreatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 12.

Minnesota Statutes 2023 Supplement, section 260E.03, subdivision 22, is amended
to read:

Subd. 22.

Substantial child endangerment.

"Substantial child endangerment" means
that a person responsible for a child's care, by act or omission, commits or attempts to
commit an act against a child in the person's care that constitutes any of the following:

(1) egregious harm under subdivision 5;

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

(3) neglect under subdivision 15, paragraph (a), 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) sex trafficking, solicitation, inducement, or promotion of prostitution under section
609.322;

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

(9) sexual extortion under section 609.3458;

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

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

(12) use of a minor in sexual performance under section 617.246; deleted text begin or
deleted text end

new text begin (13) labor trafficking under sections 609.281 and 609.282; or
new text end

deleted text begin (13) deleted text end new text begin (14) new text end parental behavior, status, or condition requiring the county attorney to file a
termination of parental rights petition under section 260C.503, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 13.

Minnesota Statutes 2022, section 260E.14, subdivision 3, is amended to read:

Subd. 3.

Neglect deleted text begin or deleted text end new text begin , new text end physical abuse new text begin , or labor trafficking new text end .

new text begin (a) new text end The local welfare agency
is responsible for immediately conducting a family assessment or investigation if the report
alleges neglect or physical abuse by a parent, guardian, or individual functioning within the
family unit as a person responsible for the child's care.

new text begin (b) The local welfare agency is also responsible for assessing or investigating when a
child is identified as a victim of labor trafficking.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 260E.14, subdivision 5, is amended
to read:

Subd. 5.

Law enforcement.

(a) The local law enforcement agency is the agency
responsible for investigating a report of maltreatment if a violation of a criminal statute is
alleged.

(b) Law enforcement and the responsible agency must coordinate their investigations
or assessments as required under this chapter when: (1) a report alleges maltreatment that
is a violation of a criminal statute by a person who is a parent, guardian, sibling, person
responsible for the child's care within the family unit, or by a person who lives in the child's
household and who has a significant relationship to the child in a setting other than a facility
as defined in section 260E.03; or (2) a report alleges sex new text begin or labor new text end trafficking of a child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 15.

Minnesota Statutes 2023 Supplement, section 260E.17, subdivision 1, is amended
to read:

Subdivision 1.

Local welfare agency.

(a) Upon receipt of a report, the local welfare
agency shall determine whether to conduct a family assessment, an investigation, or a
noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment as appropriate to prevent or provide a remedy
for maltreatment.

(b) The local welfare agency shall conduct an investigation when the report involves
sexual abuse, except as indicated in paragraph (f), or substantial child endangerment.

(c) The local welfare agency shall begin an immediate investigation at any time when
the local welfare agency is responding with a family assessment and the local welfare agency
determines that there is reason to believe that sexual abuse, substantial child endangerment,
or a serious threat to the child's safety exists.

(d) The local welfare agency may conduct a family assessment for reports that do not
allege sexual abuse, except as indicated in paragraph (f), or substantial child endangerment.
In determining that a family assessment is appropriate, the local welfare agency may consider
issues of child safety, parental cooperation, and the need for an immediate response.

(e) The local welfare agency may conduct a family assessment for a report that was
initially screened and assigned for an investigation. In determining that a complete
investigation is not required, the local welfare agency must document the reason for
terminating the investigation and notify the local law enforcement agency if the local law
enforcement agency is conducting a joint investigation.

(f) The local welfare agency shall conduct a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking
assessment when a maltreatment report alleges sex new text begin or labor new text end trafficking of a child and the
alleged offender is a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficker as defined by section 260E.03,
subdivision 15a.

(g) During a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment, the local welfare agency
shall initiate an immediate investigation if there is reason to believe that a child's parent,
caregiver, or household member allegedly engaged in the act of sex new text begin or labor new text end trafficking a
child or was alleged to have engaged in any conduct requiring the agency to conduct an
investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 16.

Minnesota Statutes 2023 Supplement, section 260E.18, is amended to read:

260E.18 NOTICE TO CHILD'S TRIBE.

The local welfare agency shall provide immediate notice, according to section 260.761,
subdivision 2, to an Indian child's Tribe when the agency has reason to believe that the
family assessment, investigation, or noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment may
involve an Indian child. For purposes of this section, "immediate notice" means notice
provided within 24 hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 17.

Minnesota Statutes 2023 Supplement, section 260E.20, subdivision 2, is amended
to read:

Subd. 2.

Face-to-face contact.

(a) Upon receipt of a screened in report, the local welfare
agency shall have face-to-face contact with the child reported to be maltreated and with the
child's primary caregiver sufficient to complete a safety assessment and ensure the immediate
safety of the child. When it is possible and the report alleges substantial child endangerment
or sexual abuse, the local welfare agency is not required to provide notice before conducting
the initial face-to-face contact with the child and the child's primary caregiver.

(b) Except in a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment, the local welfare agency
shall have face-to-face contact with the child and primary caregiver immediately after the
agency screens in a report if sexual abuse or substantial child endangerment is alleged and
within five calendar days of a screened in report for all other reports. If the alleged offender
was not already interviewed as the primary caregiver, the local welfare agency shall also
conduct a face-to-face interview with the alleged offender in the early stages of the
assessment or investigation, except in a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment.
Face-to-face contact with the child and primary caregiver in response to a report alleging
sexual abuse or substantial child endangerment may be postponed for no more than five
calendar days if the child is residing in a location that is confirmed to restrict contact with
the alleged offender as established in guidelines issued by the commissioner, or if the local
welfare agency is pursuing a court order for the child's caregiver to produce the child for
questioning under section 260E.22, subdivision 5.

(c) At the initial contact with the alleged offender, the local welfare agency or the agency
responsible for assessing or investigating the report must inform the alleged offender of the
complaints or allegations made against the individual in a manner consistent with laws
protecting the rights of the person who made the report. The interview with the alleged
offender may be postponed if it would jeopardize an active law enforcement investigation.
In a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment, the local child welfare agency is not
required to inform or interview the alleged offender.

(d) The local welfare agency or the agency responsible for assessing or investigating
the report must provide the alleged offender with an opportunity to make a statement, except
in a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment. The alleged offender may submit
supporting documentation relevant to the assessment or investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 18.

Minnesota Statutes 2023 Supplement, section 260E.24, subdivision 2, is amended
to read:

Subd. 2.

Determination after family assessment or a noncaregiver deleted text begin sex deleted text end new text begin human new text end
trafficking assessment.

After conducting a family assessment or a noncaregiver deleted text begin sex deleted text end new text begin human new text end
trafficking assessment, the local welfare agency shall determine whether child protective
services are needed to address the safety of the child and other family members and the risk
of subsequent maltreatment. The local welfare agency must document the information
collected under section 260E.20, subdivision 3, related to the completed family assessment
in the child's or family's case notes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 19.

Minnesota Statutes 2023 Supplement, section 260E.24, subdivision 7, is amended
to read:

Subd. 7.

Notification at conclusion of family assessment or a noncaregiver deleted text begin sex deleted text end new text begin human new text end
trafficking assessment.

Within ten working days of the conclusion of a family assessment
or a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment, the local welfare agency shall notify
the parent or guardian of the child of the need for services to address child safety concerns
or significant risk of subsequent maltreatment. The local welfare agency and the family
may also jointly agree that family support and family preservation services are needed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 20.

Minnesota Statutes 2023 Supplement, section 260E.33, subdivision 1, is amended
to read:

Subdivision 1.

Following a family assessment or a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking
assessment.

Administrative reconsideration is not applicable to a family assessment or
noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment since no determination concerning
maltreatment is made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 21.

Minnesota Statutes 2023 Supplement, section 260E.35, subdivision 6, is amended
to read:

Subd. 6.

Data retention.

(a) Notwithstanding sections 138.163 and 138.17, a record
maintained or a record derived from a report of maltreatment by a local welfare agency,
agency responsible for assessing or investigating the report, court services agency, or school
under this chapter shall be destroyed as provided in paragraphs (b) to (e) by the responsible
authority.

(b) For a report alleging maltreatment that was not accepted for an assessment or an
investigation, a family assessment case, a noncaregiver deleted text begin sex deleted text end new text begin human new text end trafficking assessment
case, and a case where an investigation results in no determination of maltreatment or the
need for child protective services, the record must be maintained for a period of five years
after the date that the report was not accepted for assessment or investigation or the date of
the final entry in the case record. A record of a report that was not accepted must contain
sufficient information to identify the subjects of the report, the nature of the alleged
maltreatment, and the reasons why the report was not accepted. Records under this paragraph
may not be used for employment, background checks, or purposes other than to assist in
future screening decisions and risk and safety assessments.

(c) All records relating to reports that, upon investigation, indicate maltreatment or a
need for child protective services shall be maintained for ten years after the date of the final
entry in the case record.

(d) All records regarding a report of maltreatment, including a notification of intent to
interview that was received by a school under section 260E.22, subdivision 7, shall be
destroyed by the school when ordered to do so by the agency conducting the assessment or
investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.

(e) Private or confidential data released to a court services agency under subdivision 3,
paragraph (d), must be destroyed by the court services agency when ordered to do so by the
local welfare agency that released the data. The local welfare agency or agency responsible
for assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 22.

Minnesota Statutes 2022, section 260E.36, subdivision 1a, is amended to read:

Subd. 1a.

deleted text begin Sex deleted text end new text begin Human new text end trafficking deleted text begin and deleted text end new text begin , new text end sexual exploitation new text begin and youth missing from
care new text end training requirement.

As required by the Child Abuse Prevention and Treatment Act
amendments through Public Law 114-22 and to implement Public deleted text begin Law deleted text end new text begin Laws 113-183 and new text end
115-123, all child protection social workers and social services staff who have responsibility
for child protective duties under this chapter or chapter 260C shall complete training
implemented by the commissioner of human services regarding deleted text begin sex deleted text end new text begin identification, prevention
and response to human new text end trafficking and sexual exploitation of children and youth new text begin , including
prevention for youth missing from care new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 23. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, section
260E.03, in alphabetical order except for subdivision 1 and correct any cross-reference
changes that result.
new text end

ARTICLE 2

CHILD CARE LICENSING

Section 1.

new text begin [142B.171] CHILD CARE WEIGHTED RISK SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Implementation. new text end

new text begin The commissioner shall develop and implement a child
care weighted risk system that provides a tiered licensing enforcement framework for child
care licensing requirements in this chapter or Minnesota Rules, chapter 9502 or 9503.
new text end

new text begin Subd. 2. new text end

new text begin Documented technical assistance. new text end

new text begin (a) In lieu of a correction order under section
142B.16, the commissioner shall provide documented technical assistance to a family child
care or child care center license holder if the commissioner finds that:
new text end

new text begin (1) the license holder has failed to comply with a requirement in this chapter or Minnesota
Rules, chapter 9502 or 9503, that the commissioner determines to be low risk as determined
by the child care weighted risk system;
new text end

new text begin (2) the noncompliance does not imminently endanger the health, safety, or rights of the
persons served by the program; and
new text end

new text begin (3) the license holder did not receive documented technical assistance or a correction
order for the same violation at the license holder's most recent annual licensing inspection.
new text end

new text begin (b) Documented technical assistance must include communication from the commissioner
to the child care provider that:
new text end

new text begin (1) states the conditions that constitute a violation of a law or rule;
new text end

new text begin (2) references the specific law or rule violated; and
new text end

new text begin (3) explains remedies for correcting the violation.
new text end

new text begin (c) The commissioner shall not publicly publish documented technical assistance on the
department's website.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 245A.065, new text end new text begin is repealed.
new text end

ARTICLE 3

TECHNICAL CORRECTIONS

Section 1.

Minnesota Statutes 2022, section 245.975, subdivision 2, is amended to read:

Subd. 2.

Duties.

(a) The ombudsperson's duties shall include:

(1) advocating on behalf of a family child care provider to address all areas of concern
related to the provision of child care services, including licensing monitoring activities,
licensing actions, and other interactions with state and county licensing staff;

(2) providing recommendations for family child care improvement or family child care
provider education;

(3) operating a telephone line to answer questions, receive complaints, and discuss
agency actions when a family child care provider believes that the provider's rights or
program may have been adversely affected; and

(4) assisting a family child care license applicant with navigating the application process.

(b) The ombudsperson must report annually by December 31 to the commissioner new text begin of
children, youth, and families new text end and the chairs and ranking minority members of the legislative
committees with jurisdiction over child care on the services provided by the ombudsperson
to child care providers, including the number and locations of child care providers served
and the activities of the ombudsperson in carrying out the duties under this section. The
commissioner shall determine the form of the report and may specify additional reporting
requirements.

Sec. 2.

Minnesota Statutes 2022, section 245.975, subdivision 4, is amended to read:

Subd. 4.

Access to records.

(a) The ombudsperson or designee, excluding volunteers,
has access to any data of a state agency necessary for the discharge of the ombudsperson's
duties, including records classified as confidential data on individuals or private data on
individuals under chapter 13 or any other law. The ombudsperson's data request must relate
to a specific case and is subject to section 13.03, subdivision 4. If the data concerns an
individual, the ombudsperson or designee shall first obtain the individual's consent. If the
individual is unable to consent and has no parent or legal guardian, then the ombudsperson's
or designee's access to the data is authorized by this section.

(b) The ombudsperson and designees must adhere to the Minnesota Government Data
Practices Act and must not disseminate any private or confidential data on individuals unless
specifically authorized by state, local, or federal law or pursuant to a court order.

(c) The commissioner new text begin of human services; the commissioner of children, youth, and
families; new text end and any county agency must provide the ombudsperson copies of all fix-it tickets,
correction orders, and licensing actions issued to family child care providers.

Sec. 3.

Minnesota Statutes 2022, section 245.975, subdivision 9, is amended to read:

Subd. 9.

Posting.

(a) The commissioner new text begin of children, youth, and families new text end shall post on
the department's website the mailing address, email address, and telephone number for the
office of the ombudsperson. The commissioner shall provide family child care providers
with the mailing address, email address, and telephone number of the ombudsperson's office
on the family child care licensing website and upon request of a family child care applicant
or provider. Counties must provide family child care applicants and providers with the
name, mailing address, email address, and telephone number of the ombudsperson's office
upon request.

(b) The ombudsperson must approve all postings and notices required by the department
and counties under this subdivision.

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 245.975, subdivision 8, new text end new text begin is repealed.
new text end

ARTICLE 4

DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES

Section 1.

new text begin [142A.045] CHILDREN, YOUTH, AND FAMILIES
INTERGOVERNMENTAL ADVISORY COMMITTEE.
new text end

new text begin (a) An intergovernmental advisory committee is established to provide advice,
consultation, and recommendations to the commissioner on the planning, design,
administration, funding, and evaluation of services to children, youth, and families.
Notwithstanding section 15.059, the commissioner, the Association of Minnesota Counties,
and the Minnesota Association of County Social Services Administrators must codevelop
and execute a process to administer the committee that ensures each county is represented.
The committee must meet at least quarterly and special meetings may be called by the
committee chair or a majority of the members.
new text end

new text begin (b) Subject to section 15.059, the commissioner may reimburse committee members or
their alternates for allowable expenses while engaged in their official duties as committee
members.
new text end

new text begin (c) Notwithstanding section 15.059, the intergovernmental advisory committee does not
expire.
new text end

Sec. 2.

new text begin [142B.47] TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT
DEATH AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE
PROVIDERS.
new text end

new text begin (a) Licensed child foster care providers that care for infants or children through five
years of age must document that before caregivers assist in the care of infants or children
through five years of age, they are instructed on the standards in section 142B.46 and receive
training on reducing the risk of sudden unexpected infant death and abusive head trauma
from shaking infants and young children. This section does not apply to emergency relative
placement under section 142B.06. The training on reducing the risk of sudden unexpected
infant death and abusive head trauma may be provided as:
new text end

new text begin (1) orientation training to child foster care providers who care for infants or children
through five years of age under Minnesota Rules, part 2960.3070, subpart 1; or
new text end

new text begin (2) in-service training to child foster care providers who care for infants or children
through five years of age under Minnesota Rules, part 2960.3070, subpart 2.
new text end

new text begin (b) Training required under this section must be at least one hour in length and must be
completed at least once every five years. At a minimum, the training must address the risk
factors related to sudden unexpected infant death and abusive head trauma, means of reducing
the risk of sudden unexpected infant death and abusive head trauma, and license holder
communication with parents regarding reducing the risk of sudden unexpected infant death
and abusive head trauma.
new text end

new text begin (c) Training for child foster care providers must be approved by the county or private
licensing agency that is responsible for monitoring the child foster care provider under
section 142B.30. The approved training fulfills, in part, training required under Minnesota
Rules, part 2960.3070.
new text end

Sec. 3.

Minnesota Statutes 2022, section 245A.07, subdivision 6, is amended to read:

Subd. 6.

Appeal of multiple sanctions.

(a) When the license holder appeals more than
one licensing action or sanction that were simultaneously issued by the commissioner, the
license holder shall specify the actions or sanctions that are being appealed.

(b) If there are different timelines prescribed in statutes for the licensing actions or
sanctions being appealed, the license holder must submit the appeal within the longest of
those timelines specified in statutes.

(c) The appeal must be made in writing by certified mail deleted text begin or deleted text end new text begin , by new text end personal service new text begin , or
through the provider licensing and reporting hub new text end . If mailed, the appeal must be postmarked
and sent to the commissioner within the prescribed timeline with the first day beginning
the day after the license holder receives the certified letter. If a request is made by personal
service, it must be received by the commissioner within the prescribed timeline with the
first day beginning the day after the license holder receives the certified letter. new text begin If the appeal
is made through the provider hub, the appeal must be received by the commissioner within
the prescribed timeline with the first day beginning the day after the commissioner issued
the order through the hub.
new text end

(d) When there are different timelines prescribed in statutes for the appeal of licensing
actions or sanctions simultaneously issued by the commissioner, the commissioner shall
specify in the notice to the license holder the timeline for appeal as specified under paragraph
(b).

Sec. 4.

Minnesota Statutes 2022, section 245A.10, subdivision 1, as amended by Laws
2024, chapter 80, article 2, section 48, is amended to read:

Subdivision 1.

Application or license fee required, programs exempt from fee.

(a)
Unless exempt under paragraph (b), the commissioner shall charge a fee for evaluation of
applications and inspection of programs which are licensed under this chapter.

(b) Except as provided under subdivision 2, no application or license fee shall be charged
for new text begin a child foster residence setting, new text end adult foster care new text begin , new text end or a community residential setting.

Sec. 5.

Minnesota Statutes 2022, section 245A.10, subdivision 2, as amended by Laws
2024, chapter 80, article 2, section 49, is amended to read:

Subd. 2.

County fees for applications and licensing inspections.

(a) For purposes of
adult foster care new text begin and child foster residence setting new text end licensing and licensing the physical plant
of a community residential setting, under this chapter, a county agency may charge a fee to
a corporate applicant or corporate license holder to recover the actual cost of licensing
inspections, not to exceed $500 annually.

(b) Counties may elect to reduce or waive the fees in paragraph (a) under the following
circumstances:

(1) in cases of financial hardship;

(2) if the county has a shortage of providers in the county's area; or

(3) for new providers.

Sec. 6.

Minnesota Statutes 2022, section 245A.144, is amended to read:

245A.144 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH
AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.

(a) Licensed child foster care providers that care for infants or children through five
years of age must document that before staff persons deleted text begin and caregivers deleted text end assist in the care of
infants or children through five years of age, they are instructed on the standards in section
deleted text begin 245A.1435 deleted text end new text begin 142B.46 new text end and receive training on reducing the risk of sudden unexpected infant
death and abusive head trauma from shaking infants and young children. deleted text begin This section does
not apply to emergency relative placement under section 245A.035. deleted text end The training on reducing
the risk of sudden unexpected infant death and abusive head trauma may be provided as:

(1) orientation training to child foster care providers, who care for infants or children
through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or

(2) in-service training to child foster care providers, who care for infants or children
through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.

(b) Training required under this section must be at least one hour in length and must be
completed at least once every five years. At a minimum, the training must address the risk
factors related to sudden unexpected infant death and abusive head trauma, means of reducing
the risk of sudden unexpected infant death and abusive head trauma, and license holder
communication with parents regarding reducing the risk of sudden unexpected infant death
and abusive head trauma.

(c) Training for child foster care providers must be approved by the county deleted text begin or private
licensing agency deleted text end that is responsible for monitoring the child foster care provider under
section 245A.16. The approved training fulfills, in part, training required under Minnesota
Rules, part 2960.3070.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 245A.16, subdivision 1, as amended
by Laws 2024, chapter 80, article 2, section 65, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies that have been
designated by the commissioner to perform licensing functions and activities under section
245A.04; to recommend denial of applicants under section 245A.05; to issue correction
orders, to issue variances, and recommend a conditional license under section 245A.06; or
to recommend suspending or revoking a license or issuing a fine under section 245A.07,
shall comply with rules and directives of the commissioner governing those functions and
with this section. The following variances are excluded from the delegation of variance
authority and may be issued only by the commissioner:

(1) deleted text begin dual licensure of family child foster care and family adult foster care, deleted text end dual licensure
of child foster residence setting and community residential setting deleted text begin , and dual licensure of
family adult foster care and family child care deleted text end ;

(2) new text begin until the responsibility for family child foster care transfers to the commissioner of
children, youth, and families under Laws 2023, chapter 70, article 12, section 30, dual
licensure of family child foster care and family adult foster care;
new text end

new text begin (3) until the responsibility for family child care transfers to the commissioner of children,
youth, and families under Laws 2023, chapter 70, article 12, section 30, dual licensure of
family adult foster care and family child care;
new text end

new text begin (4) new text end adult foster care maximum capacity;

deleted text begin (3) deleted text end new text begin (5) new text end adult foster care minimum age requirement;

deleted text begin (4) deleted text end new text begin (6) new text end child foster care maximum age requirement;

deleted text begin (5) deleted text end new text begin (7) new text end variances regarding disqualified individuals;

deleted text begin (6) deleted text end new text begin (8) new text end the required presence of a caregiver in the adult foster care residence during
normal sleeping hours;

deleted text begin (7) deleted text end new text begin (9) new text end variances to requirements relating to chemical use problems of a license holder
or a household member of a license holder; and

deleted text begin (8) deleted text end new text begin (10) new text end variances to section 142B.46 for the use of a cradleboard for a cultural
accommodation.

new text begin (b) Once the respective responsibilities transfer from the commissioner of human services
to the commissioner of children, youth, and families, under Laws 2023, chapter 70, article
12, section 30, the commissioners of human services and children, youth, and families must
both approve a variance for dual licensure of family child foster care and family adult foster
care or family adult foster care and family child care. Variances under this paragraph are
excluded from the delegation of variance authority and may be issued only by both
commissioners.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.

deleted text begin (c) deleted text end new text begin (d) new text end A license issued under this section may be issued for up to two years.

deleted text begin (d) deleted text end new text begin (e) new text end During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.

Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.

deleted text begin (e) deleted text end new text begin (f) new text end Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county agencies.

Sec. 8.

Minnesota Statutes 2022, section 245A.175, is amended to read:

245A.175 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL
HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care
license holder and deleted text begin caregivers in foster family and treatment foster care settings, deleted text end and all staff
providing care in foster residence settings must complete two hours of training that addresses
the causes, symptoms, and key warning signs of mental health disorders; cultural
considerations; and effective approaches for dealing with a child's behaviors. At least one
hour of the annual training requirement for the deleted text begin foster family license holder and caregivers,
and deleted text end foster residence staff must be on children's mental health issues and treatment. Except
for providers and services under chapter 245D, the annual training must also include at least
one hour of training on fetal alcohol spectrum disorders, which must be counted toward the
12 hours of required in-service training per year. deleted text begin Short-term substitute caregivers are exempt
from these requirements. deleted text end Training curriculum shall be approved by the commissioner of
human services.

Sec. 9.

Minnesota Statutes 2023 Supplement, section 245A.66, subdivision 4, as amended
by Laws 2024, chapter 80, article 2, section 73, is amended to read:

Subd. 4.

Ongoing training requirement.

new text begin (a) new text end In addition to the orientation training
required by the applicable licensing rules and statutes, children's residential facility license
holders must provide a training annually on the maltreatment of minors reporting
requirements and definitions in chapter 260E to each mandatory reporter, as described in
section 260E.06, subdivision 1.

new text begin (b) In addition to the orientation training required by the applicable licensing rules and
statutes, all foster residence setting staff and volunteers that are mandatory reporters as
described in section 260E.06, subdivision 1, must complete training each year on the
maltreatment of minors reporting requirements and definitions in chapter 260E.
new text end

Sec. 10.

Minnesota Statutes 2022, section 256.029, as amended by Laws 2024, chapter
80, article 1, section 66, is amended to read:

256.029 DOMESTIC VIOLENCE INFORMATIONAL BROCHURE.

(a) The commissioner shall provide a domestic violence informational brochure that
provides information about the existence of domestic violence waivers for eligible public
assistance applicants to all applicants of general assistance, medical assistance, and
MinnesotaCare. The brochure must explain that eligible applicants may be temporarily
waived from certain program requirements due to domestic violence. The brochure must
provide information about services and other programs to help victims of domestic violence.

(b) The brochure must be funded with TANF funds.

new text begin (c) The commissioner must work with the commissioner of children, youth, and families
to create a brochure that meets the requirements of this section and section 142G.05.
new text end

Sec. 11.

Minnesota Statutes 2023 Supplement, section 256M.42, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Adult protection grant allocation under Reform 2020. new text end

new text begin The requirements of
subdivisions 2 to 6 apply to the Reform 2020 adult protection state grants in Minnesota
Statutes 2013 Supplement, section 256M.40, subdivision 1, and Laws 2013, chapter 108,
article 15. The Reform 2020 state adult protection grant must be allocated annually consistent
with the calendar year 2023 allocation made under section 256M.40.
new text end

Sec. 12.

Laws 2023, chapter 70, article 12, section 30, subdivision 2, is amended to read:

Subd. 2.

Department of Human Services.

The powers and duties of the Department
of Human Services with respect to the following responsibilities and related elements are
transferred to the Department of Children, Youth, and Families according to Minnesota
Statutes, section 15.039:

(1) family services and community-based collaboratives under Minnesota Statutes,
section 124D.23;

(2) child care programs under Minnesota Statutes, chapter 119B;

(3) Parent Aware quality rating and improvement system under Minnesota Statutes,
section 124D.142;

(4) migrant child care services under Minnesota Statutes, section 256M.50;

(5) early childhood and school-age professional development training under Laws 2007,
chapter 147, article 2, section 56;

(6) licensure of family child care and child care centers, child foster care, and private
child placing agencies under Minnesota Statutes, chapter 245A;

(7) certification of license-exempt child care centers under Minnesota Statutes, chapter
245H;

(8) program integrity and fraud related to the Child Care Assistance Program (CCAP),
the Minnesota Family Investment Program (MFIP), and the Supplemental Nutrition
Assistance Program (SNAP) under Minnesota Statutes, chapters 119B and 245E;

(9) SNAP under Minnesota Statutes, sections 256D.60 to 256D.63;

(10) electronic benefit transactions under Minnesota Statutes, sections 256.9862,
256.9863, 256.9865, 256.987, 256.9871, 256.9872, and 256J.77;

(11) Minnesota food assistance program under Minnesota Statutes, section 256D.64;

(12) Minnesota food shelf program under Minnesota Statutes, section 256E.34;

(13) MFIP and Temporary Assistance for Needy Families (TANF) under Minnesota
Statutes, sections 256.9864 and 256.9865 and chapters 256J and 256P;

(14) Diversionary Work Program (DWP) under Minnesota Statutes, section 256J.95;

(15) deleted text begin resettlement programs under Minnesota Statutes, section 256B.06, subdivision 6 deleted text end new text begin
American Indian food sovereignty program under Minnesota Statutes, section 256E.342 new text end ;

(16) child abuse under Minnesota Statutes, chapter 256E;

(17) reporting of the maltreatment of minors under Minnesota Statutes, chapter 260E;

(18) children in voluntary foster care for treatment under Minnesota Statutes, chapter
260D;

(19) juvenile safety and placement under Minnesota Statutes, chapter 260C;

(20) the Minnesota Indian Family Preservation Act under Minnesota Statutes, sections
260.751 to 260.835;

(21) the Interstate Compact for Juveniles under Minnesota Statutes, section 260.515,
and the Interstate Compact on the Placement of Children under Minnesota Statutes, sections
260.851 to 260.93;

(22) adoption under Minnesota Statutes, sections 259.20 to 259.89;

(23) Northstar Care for Children under Minnesota Statutes, chapter 256N;

(24) child support under Minnesota Statutes, chapters 13, 13B, 214, 256, 256J, 257, 259,
518, 518A, 518C, 551, 552, 571, and 588, and Minnesota Statutes, section 609.375;

(25) community action programs under Minnesota Statutes, sections 256E.30 to 256E.32;
deleted text begin and
deleted text end

(26) Family Assets for Independence in Minnesota under Minnesota Statutes, section
256E.35 deleted text begin . deleted text end new text begin ;
new text end

new text begin (27) capital for emergency food distribution facilities under Laws 2023, chapter 70,
article 20, section 2, subdivision 24, paragraph (i);
new text end

new text begin (28) community resource centers under Laws 2023, chapter 70, article 14, section 42;
new text end

new text begin (29) diaper distribution grant program under Minnesota Statutes, section 256E.38;
new text end

new text begin (30) emergency services program under Minnesota Statutes, section 256E.36;
new text end

new text begin (31) emergency shelter facilities grants under Laws 2023, chapter 70, article 11, section
14;
new text end

new text begin (32) Family First Prevention Services Act support and development grant program under
Minnesota Statutes, section 256.4793;
new text end

new text begin (33) Family First Prevention Services Act kinship navigator program under Minnesota
Statutes, section 256.4794;
new text end

new text begin (34) family first prevention and early intervention allocation program under Minnesota
Statutes, section 260.014;
new text end

new text begin (35) grants for prepared meals food relief under Laws 2023, chapter 70, article 12, section
33;
new text end

new text begin (36) Homeless Youth Act under Minnesota Statutes, sections 256K.45 to 256K.451;
new text end

new text begin (37) homeless youth cash stipend pilot under Laws 2023, chapter 70, article 11, section
13;
new text end

new text begin (38) independent living skills for foster youth under Laws 2023, chapter 70, article 14,
section 41;
new text end

new text begin (39) legacy adoption assistance under Minnesota Statutes, chapter 259A;
new text end

new text begin (40) opiate epidemic response fund under Minnesota Statutes, section 256.043;
new text end

new text begin (41) quality parenting initiative grant program under Laws 2023, chapter 70, article 14,
section 1;
new text end

new text begin (42) relative custody assistance under Minnesota Statutes, section 257.85;
new text end

new text begin (43) reimbursement to counties and Tribes for certain out-of-home placements under
Minnesota Statutes, section 477A.0126;
new text end

new text begin (44) safe harbor shelter and housing under Minnesota Statutes, section 256K.47;
new text end

new text begin (45) shelter-linked youth mental health grants under Minnesota Statutes, section 256K.46;
new text end

new text begin (46) Supplemental Nutrition Assistance Program outreach under Minnesota Statutes,
section 256D.65; and
new text end

new text begin (47) transitional housing programs under Minnesota Statutes, section 256E.33.
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.

Laws 2023, chapter 70, article 12, section 30, subdivision 3, is amended to read:

Subd. 3.

Department of Education.

The powers and duties of the Department of
Education with respect to the following responsibilities and related elements are transferred
to the Department of Children, Youth, and Families according to Minnesota Statutes, section
15.039:

(1) Head Start Program and Early Head Start under Minnesota Statutes, sections 119A.50
to 119A.545;

(2) the early childhood screening program under Minnesota Statutes, sections 121A.16
to 121A.19;

(3) early learning scholarships under Minnesota Statutes, section 124D.165;

(4) the interagency early childhood intervention system under Minnesota Statutes,
sections 125A.259 to 125A.48;

(5) voluntary prekindergarten programs and school readiness plus programs under
Minnesota Statutes, section 124D.151;

(6) early childhood family education programs under Minnesota Statutes, sections
124D.13 to 124D.135;

(7) school readiness under Minnesota Statutes, sections 124D.15 to 124D.16; deleted text begin and
deleted text end

(8) after-school community learning programs under Minnesota Statutes, section
124D.2211 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) grow your own program under Minnesota Statutes, section 122A.731.
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. 14.

Laws 2024, chapter 80, article 1, section 34, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) For purposes of this section, the following definitions have the
meanings given.

(b) "Associated entity" means a provider or vendor owned or controlled by an excluded
individual.

(c) "Associated individual" means an individual or entity that has a relationship with
the business or its owners or controlling individuals, such that the individual or entity would
have knowledge of the financial practices of the program in question.

(d) "Excluded" means removed under other authorities from a program administered by
a Minnesota state or federal agency, including a final determination to stop payments.

(e) "Individual" means a natural person providing products or services as a provider or
vendor.

(f) "Provider" means any entity, individual, owner, controlling individual, license holder,
director, or managerial official of an entity receiving payment from a program administered
by a Minnesota state or federal agency.

new text begin (g) "Vendor" means a private individual or entity contracted to provide services for, on
behalf of, or with money provided by the commissioner.
new text end

Sec. 15.

Laws 2024, chapter 80, article 1, section 96, is amended to read:

Sec. 96. REVISOR INSTRUCTION.

The revisor of statutes must renumber sections or subdivisions in Column A as Column
B.

	Column A	Column B
	256.01, subdivision 12	142A.03, subdivision 7
	256.01, subdivision 12a	142A.03, subdivision 8
	256.01, subdivision 15	142A.03, subdivision 10
	256.01, subdivision 36	142A.03, subdivision 22
	256.0112, subdivision 10	142A.07, subdivision 8
	256.019, subdivision 2	142A.28, subdivision 2
	new text begin 256.043 new text end	new text begin 142A.50 new text end
	256.4793	142A.45
	256.4794	142A.451
	256.82	142A.418
	256.9831	142A.13, subdivision 14
	256.9862, subdivision 1	142A.13, subdivision 10
	256.9862, subdivision 2	142A.13, subdivision 11
	256.9863	142A.13, subdivision 5
	256.9865, subdivision 1	142A.13, subdivision 6
	256.9865, subdivision 2	142A.13, subdivision 7
	256.9865, subdivision 3	142A.13, subdivision 8
	256.9865, subdivision 4	142A.13, subdivision 9
	256.987, subdivision 2	142A.13, subdivision 2
	256.987, subdivision 3	142A.13, subdivision 3
	256.987, subdivision 4	142A.13, subdivision 4
	256.9871	142A.13, subdivision 12
	256.9872	142A.13, subdivision 13
	256.997	142A.30
	256.998	142A.29
	256B.06, subdivision 6	142A.40
	256E.20	142A.41
	256E.21	142A.411
	256E.22	142A.412
	256E.24	142A.413
	256E.25	142A.414
	256E.26	142A.415
	256E.27	142A.416
	256E.28	142A.417
	new text begin 256E.38 new text end	new text begin 142A.42 new text end
	256N.001	142A.60
	256N.01	142A.601
	256N.02	142A.602
	256N.20	142A.603
	256N.21	142A.604
	256N.22	142A.605
	256N.23	142A.606
	256N.24	142A.607
	256N.25	142A.608
	256N.26	142A.609
	256N.261	142A.61
	256N.27	142A.611
	256N.28	142A.612
	257.175	142A.03, subdivision 32
	257.33, subdivision 1	142A.03, subdivision 33
	257.33, subdivision 2	142A.03, subdivision 34
	260.014	142A.452
	299A.72	142A.75
	299A.73	142A.43
	299A.95	142A.76

The revisor of statutes must correct any statutory cross-references consistent with this
renumbering.

Sec. 16.

Laws 2024, chapter 80, article 2, section 5, subdivision 21, is amended to read:

Subd. 21.

Plan for transfer of clients and records upon closure.

(a) Except for license
holders who reside on the premises and child care providers, an applicant for initial or
continuing licensure or certification must submit a written plan indicating how the program new text begin
new text end new text begin or private agency new text end will ensure the transfer of clients and records for both open and closed
cases if the program closes. The plan must provide for managing private and confidential
information concerning new text begin the clients of the new text end program deleted text begin clients deleted text end new text begin or private agency new text end . The plan must
also provide for notifying affected clients of the closure at least 25 days prior to closure,
including information on how to access their records. A controlling individual of the program
new text begin or private agency new text end must annually review and sign the plan.

(b) Plans for the transfer of open cases and case records must specify arrangements the
program new text begin or private agency new text end will make to transfer clients to another provider or county agency
for continuation of services and to transfer the case record with the client.

(c) Plans for the transfer of closed case records must be accompanied by a signed
agreement or other documentation indicating that a county or a similarly licensed provider
has agreed to accept and maintain the program's new text begin or private agency's new text end closed case records and
to provide follow-up services as necessary to affected clients.

Sec. 17.

Laws 2024, chapter 80, article 2, section 7, subdivision 2, is amended to read:

Subd. 2.

County fees for applications and licensing inspections.

(a) A county agency
may charge a license fee to an applicant or license holder not to exceed $50 for a one-year
license or $100 for a two-year license.

(b) Counties may allow providers to pay the applicant fee in paragraph (a) on an
installment basis for up to one year. If the provider is receiving child care assistance payments
from the state, the provider may have the fee under paragraph (a) deducted from the child
care assistance payments for up to one year and the state shall reimburse the county for the
county fees collected in this manner.

deleted text begin (c) For purposes of child foster care licensing under this chapter, a county agency may
charge a fee to a corporate applicant or corporate license holder to recover the actual cost
of licensing inspections, not to exceed $500 annually.
deleted text end

deleted text begin (d) Counties may elect to reduce or waive the fees in paragraph (c) under the following
circumstances:
deleted text end

deleted text begin (1) in cases of financial hardship;
deleted text end

deleted text begin (2) if the county has a shortage of providers in the county's area; or
deleted text end

deleted text begin (3) for new providers.
deleted text end

Sec. 18.

Laws 2024, chapter 80, article 2, section 10, subdivision 6, is amended to read:

Subd. 6.

Appeal of multiple sanctions.

(a) When the license holder appeals more than
one licensing action or sanction that were simultaneously issued by the commissioner, the
license holder shall specify the actions or sanctions that are being appealed.

(b) If there are different timelines prescribed in statutes for the licensing actions or
sanctions being appealed, the license holder must submit the appeal within the longest of
those timelines specified in statutes.

(c) The appeal must be made in writing by certified mail deleted text begin or deleted text end new text begin , by new text end personal service new text begin , or
through the provider licensing and reporting hub new text end . If mailed, the appeal must be postmarked
and sent to the commissioner within the prescribed timeline with the first day beginning
the day after the license holder receives the certified letter. If a request is made by personal
service, it must be received by the commissioner within the prescribed timeline with the
first day beginning the day after the license holder receives the certified letter. new text begin If the appeal
is made through the provider hub, the appeal must be received by the commissioner within
the prescribed timeline with the first day beginning the day after the commissioner issued
the order through the hub.
new text end

(d) When there are different timelines prescribed in statutes for the appeal of licensing
actions or sanctions simultaneously issued by the commissioner, the commissioner shall
specify in the notice to the license holder the timeline for appeal as specified under paragraph
(b).

Sec. 19.

Laws 2024, chapter 80, article 2, section 16, subdivision 1, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 142B.10 deleted text begin and background studies for family child care deleted text end
deleted text begin under chapter 245C deleted text end ; to recommend denial of applicants under section 142B.15; to issue
correction orders, to issue variances, and to recommend a conditional license under section
142B.16; or to recommend suspending or revoking a license or issuing a fine under section
142B.18, shall comply with rules and directives of the commissioner governing those
functions and with this section. The following variances are excluded from the delegation
of variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and family child foster care deleted text begin , dual licensure of
family child foster care and family adult foster care, dual licensure of child foster residence
setting and community residential setting, and dual licensure of family adult foster care and
family child care deleted text end ;

(2) child foster care maximum age requirement;

(3) variances regarding disqualified individuals;

(4) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; and

(5) variances to section 142B.74 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in care.

new text begin (b) The commissioners of human services and children, youth, and families must both
approve a variance for dual licensure of family child foster care and family adult foster care
or family adult foster care and family child care. Variances under this paragraph are excluded
from the delegation of variance authority and may be issued only by both commissioners.
new text end

new text begin (c) new text end Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency
must not grant a license holder a variance to exceed the maximum allowable family child
care license capacity of 14 children.

deleted text begin (b) deleted text end new text begin (d) new text end A county agency that has been designated by the commissioner to issue family
child care variances must:

(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and

(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.

deleted text begin (c) deleted text end new text begin (e) new text end Before the implementation of NETStudy 2.0, county agencies must report
information about disqualification reconsiderations under sections 245C.25 and 245C.27,
subdivision 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause
(5), to the commissioner at least monthly in a format prescribed by the commissioner.

deleted text begin (d) deleted text end new text begin (f) new text end For family child care programs, the commissioner shall require a county agency
to conduct one unannounced licensing review at least annually.

deleted text begin (e) deleted text end new text begin (g) new text end A license issued under this section may be issued for up to two years.

deleted text begin (f) deleted text end new text begin (h) new text end A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:

(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;

(2) any death, serious injury, or determination of substantiated maltreatment; and

(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.

Sec. 20.

Laws 2024, chapter 80, article 2, section 30, subdivision 2, is amended to read:

Subd. 2.

Maltreatment of minors ongoing training requirement.

(a) In addition to
the orientation training required by the applicable licensing rules and statutes, private
child-placing agency license holders must provide a training annually on the maltreatment
of minors reporting requirements and definitions in chapter 260E to each mandatory reporter,
as described in section 260E.06, subdivision 1.

(b) In addition to the orientation training required by the applicable licensing rules and
statutes, all family child foster care license holders and caregivers deleted text begin and foster residence
setting staff and volunteers deleted text end who are mandatory reporters as described in section 260E.06,
subdivision 1, must complete training each year on the maltreatment of minors reporting
requirements and definitions in chapter 260E.

Sec. 21.

Laws 2024, chapter 80, article 2, section 31, is amended to read:

Sec. 31.

142B.80 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL
HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care
license holder and caregivers in foster family and treatment foster care settings deleted text begin , and all staff
providing care in foster residence settings deleted text end must complete two hours of training that addresses
the causes, symptoms, and key warning signs of mental health disorders; cultural
considerations; and effective approaches for dealing with a child's behaviors. At least one
hour of the annual training requirement for the foster family license holder and caregivers deleted text begin ,
and foster residence staff deleted text end must be on children's mental health issues and treatment. Except
for providers and services under chapter 245D, the annual training must also include at least
one hour of training on fetal alcohol spectrum disorders, which must be counted toward the
12 hours of required in-service training per year. Short-term substitute caregivers are exempt
from these requirements. Training curriculum shall be approved by the commissioner of
children, youth, and families.

Sec. 22.

Laws 2024, chapter 80, article 2, section 74, is amended to read:

Sec. 74. REVISOR INSTRUCTION.

The revisor of statutes must renumber sections or subdivisions in column A as column
B.

	Column A	Column B
	245A.02, subdivision 2c	142B.01, subdivision 3
	245A.02, subdivision 6a	142B.01, subdivision 11
	245A.02, subdivision 6b	142B.01, subdivision 12
	245A.02, subdivision 10a	142B.01, subdivision 22
	245A.02, subdivision 12	142B.01, subdivision 23
	245A.02, subdivision 16	142B.01, subdivision 26
	245A.02, subdivision 17	142B.01, subdivision 27
	245A.02, subdivision 18	142B.01, subdivision 28
	245A.02, subdivision 19	142B.01, subdivision 13
	245A.03, subdivision 2a	142B.05, subdivision 3
	245A.03, subdivision 2b	142B.05, subdivision 4
	245A.03, subdivision 4	142B.05, subdivision 6
	245A.03, subdivision 4a	142B.05, subdivision 7
	245A.03, subdivision 8	142B.05, subdivision 10
	245A.035	142B.06
	245A.04, subdivision 9a	142B.10, subdivision 17
	245A.04, subdivision 10	142B.10, subdivision 18
	245A.06, subdivision 8	142B.16, subdivision 5
	245A.06, subdivision 9	142B.16, subdivision 6
	245A.065	142B.17
	245A.07, subdivision 4	142B.18, subdivision 6
	245A.07, subdivision 5	142B.18, subdivision 7
	245A.14, subdivision 3	142B.41, subdivision 3
	245A.14, subdivision 4	142B.41, subdivision 4
	245A.14, subdivision 4a	142B.41, subdivision 5
	245A.14, subdivision 6	142B.41, subdivision 6
	245A.14, subdivision 8	142B.41, subdivision 7
	245A.14, subdivision 10	142B.41, subdivision 8
	245A.14, subdivision 11	142B.41, subdivision 9
	245A.14, subdivision 15	142B.41, subdivision 11
	245A.14, subdivision 16	142B.41, subdivision 12
	245A.14, subdivision 17	142B.41, subdivision 13
	245A.1434	142B.60
	deleted text begin 245A.144 deleted text end	deleted text begin 142B.47 deleted text end
	245A.1445	142B.48
	245A.145	142B.61
	245A.146, subdivision 2	142B.45, subdivision 2
	245A.146, subdivision 3	142B.45, subdivision 3
	245A.146, subdivision 4	142B.45, subdivision 4
	245A.146, subdivision 5	142B.45, subdivision 5
	245A.146, subdivision 6	142B.45, subdivision 6
	245A.147	142B.75
	245A.148	142B.76
	245A.149	142B.77
	245A.15	142B.78
	245A.1511	142B.79
	245A.152	142B.62
	245A.16, subdivision 7	142B.30, subdivision 7
	245A.16, subdivision 9	142B.30, subdivision 9
	245A.16, subdivision 11	142B.30, subdivision 11
	245A.23	142B.63
	245A.40	142B.65
	245A.41	142B.66
	245A.42	142B.67
	245A.50	142B.70
	245A.51	142B.71
	245A.52	142B.72
	245A.53	142B.74
	245A.66, subdivision 2	142B.54, subdivision 2
	245A.66, subdivision 3	142B.54, subdivision 3

The revisor of statutes must correct any statutory cross-references consistent with this
renumbering.

Sec. 23.

Laws 2024, chapter 80, article 4, section 26, is amended to read:

Sec. 26. REVISOR INSTRUCTION.

(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed in
column A with the number listed in column B. The revisor shall also make necessary
cross-reference changes consistent with the renumbering. The revisor shall also make any
technical, language, and other changes necessitated by the renumbering and cross-reference
changes in this act.

Column A	Column B
119A.50	142D.12
119A.52	142D.121
119A.53	142D.122
119A.535	142D.123
119A.5411	142D.124
119A.545	142D.125
119B.195	142D.30
119B.196	142D.24
119B.25	142D.20
119B.251	142D.31
119B.252	142D.32
119B.27	142D.21
119B.28	142D.22
119B.29	142D.23
121A.16	142D.09
121A.17	142D.091
121A.18	142D.092
121A.19	142D.093
new text begin 122A.731 new text end	new text begin 142D.33 new text end
124D.13	142D.10
124D.135	142D.11
124D.141	142D.16
124D.142	142D.13
124D.15	142D.05
124D.151	142D.08
124D.16	142D.06
124D.165	142D.25
124D.2211	142D.14
124D.23	142D.15

(b) The revisor of statutes shall codify Laws 2017, First Special Session chapter 5, article
8, section 9, as amended by article 4, section 25, as Minnesota Statutes, section 142D.07.

(c) The revisor of statutes shall change "commissioner of education" to "commissioner
of children, youth, and families" and change "Department of Education" to "Department of
Children, Youth, and Families" as necessary in Minnesota Statutes, chapters 119A and 120
to 129C, to reflect the changes in this act and Laws 2023, chapter 70, article 12. The revisor
shall also make any technical, language, and other changes resulting from the change of
term to the statutory language, sentence structure, or both, if necessary to preserve the
meaning of the text.

Sec. 24.

Laws 2024, chapter 80, article 6, section 4, is amended to read:

Sec. 4. REVISOR INSTRUCTION.

(a) The revisor of statutes must renumber each section of Minnesota Statutes in Column
A with the number in Column B.

	Column A	Column B
	245.771	142F.05
	256D.60	142F.10
	256D.61	142F.11
	256D.62	142F.101
	256D.63	142F.102
	256D.64	142F.13
	256D.65	142F.12
	256E.30	142F.30
	256E.31	142F.301
	256E.32	142F.302
	new text begin 256E.33 new text end	new text begin 142F.51 new text end
	256E.34	142F.14
	new text begin 256E.342 new text end	new text begin 142F.15 new text end
	256E.35	142F.20
	new text begin 256E.36 new text end	new text begin 142F.52 new text end
	new text begin 256K.45 new text end	new text begin 142F.55 new text end
	new text begin 256K.451 new text end	new text begin 142F.56 new text end
	new text begin 256K.46 new text end	new text begin 142F.57 new text end
	new text begin 256K.47 new text end	new text begin 142F.58 new text end

(b) The revisor of statutes must correct any statutory cross-references consistent with
this renumbering.

Sec. 25.

Laws 2024, chapter 80, article 7, section 4, is amended to read:

Sec. 4.

Minnesota Statutes 2022, section 256J.09, is amended by adding a subdivision to
read:

Subd. 11.

Domestic violence informational brochure.

(a) The commissioner shall
provide a domestic violence informational brochure that provides information about the
existence of domestic violence waivers to all MFIP applicants. The brochure must explain
that eligible applicants may be temporarily waived from certain program requirements due
to domestic violence. The brochure must provide information about services and other
programs to help victims of domestic violence.

(b) The brochure must be funded with TANF funds.

new text begin (c) The commissioner must work with the commissioner of human services to create a
brochure that meets the requirements of this section and section 256.029.
new text end

Sec. 26. new text begin CHILD FOSTER RESIDENCE SETTINGS TO STAY AT THE
DEPARTMENT OF HUMAN SERVICES.
new text end

new text begin The responsibility to license child foster residence settings as defined in Minnesota
Statutes, section 245A.02, subdivision 6e, does not transfer to the Department of Children,
Youth, and Families under Laws 2023, chapter 70, article 12, section 30, and remains with
the Department of Human Services.
new text end

Sec. 27. new text begin DIRECTION TO THE COMMISSIONER OF CHILDREN, YOUTH, AND
FAMILIES; COORDINATION OF SERVICES FOR CHILDREN WITH
DISABILITIES AND MENTAL HEALTH.
new text end

new text begin The commissioner shall designate a department leader to be responsible for coordination
of services and outcomes around children's mental health and for children with or at risk
for disabilities within and between the Department of Children, Youth, and Families; the
Department of Human Services; and related agencies.
new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Laws 2024, chapter 80, article 2, sections 1, subdivision 11; 3, subdivision 3; 4,
subdivision 4; 10, subdivision 4; 33; and 69, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 9545.0845, new text end new text begin is repealed.
new text end

ARTICLE 5

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 2023, chapter 70, article 20, to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund or other named fund and are available for the fiscal years indicated for each
purpose. The figures "2024" and "2025" 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, 2024, or June 30, 2025, respectively. Base adjustments mean the addition to or
subtraction from the base level adjustment set in Laws 2023, chapter 70, article 20.
Supplemental appropriations and reductions to appropriations for the fiscal year ending
June 30, 2024, 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 2024 new text end		new text begin 2025 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 4,967,000 new text end

new text begin $ new text end

new text begin 27,981,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 4,967,000 new text end	new text begin 29,799,000 new text end

new text begin 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 Central Office; Operations. new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,369,000 new text end	new text begin 19,901,000 new text end

new text begin (a) Child Welfare Technology System.
$15,000,000 in fiscal year 2025 is for
information technology improvements to the
statewide child welfare information system.
This is a onetime appropriation.
new text end

new text begin (b) Base Level Adjustment. The general fund
base is increased by $5,021,000 in fiscal year
2026 and each year thereafter.
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 2,598,000 new text end	new text begin 4,898,000 new text end

new text begin Base Level Adjustment. The general fund
base is increased by $5,025,000 in fiscal year
2026 and each year thereafter.
new text end

new text begin Subd. 4. new text end new text begin Grant Programs; Children and Economic Support Grants. new text end

new text begin ... new text end

new text begin 5,000,000 new text end

new text begin (a) Base Level Adjustment. The general fund
base is increased by $0 in fiscal year 2026 and
each year thereafter.
new text end

Sec. 3. new text begin DEPARTMENT OF EDUCATION. new text end

new text begin $ new text end

new text begin 1,822,000 new text end

new text begin $ new text end

new text begin 1,715,000 new text end

new text begin (a) Summer EBT. $1,822,000 in fiscal year
2024 and $1,542,000 in fiscal year 2025 are
for administration of the summer electronic
benefits transfer program under Public Law
117-328. The base for this appropriation is
$572,000 in fiscal year 2026 and each year
thereafter.
new text end

new text begin (b) Operating Adjustment DCYF
Transition. $173,000 in fiscal year 2025 is
for the agency to maintain current levels of
service after the transition of staff and
resources to the Department of Children,
Youth, and Families. The base for this
appropriation is $345,000 in fiscal year 2026
and each year thereafter.
new text end

Sec. 4. new text begin COMMISSIONER OF CHILDREN, YOUTH, AND FAMILIES. 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 3,279,000 new text end

new text begin new text begin Base Level Adjustment. new text end The general fund
base is increased by $7,183,000 in fiscal year
2026 and increased by $6,833,000 in fiscal
year 2027.
new text end

Sec. 5. new text begin OFFICE OF THE FAMILY CHILD CARE OMBUDSPERSON. 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 350,000 new text end

Sec. 6. new text begin REDUCTIONS IN APPROPRIATIONS, CANCELLATIONS, AND
REAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Central Office Adjustments. new text end

new text begin (a) The TANF appropriations in Laws
2023, chapter 70, article 20, section 3, are reduced by $1,090,000 for fiscal year 2024 and
$1,194,000 for fiscal year 2025, and those amounts cancel to the TANF fund.
new text end

new text begin (b) $1,090,000 in fiscal year 2024 and $1,194,000 in fiscal year 2025 are appropriated
from the TANF fund to the commissioner of human services for children and families;
administrative costs.
new text end

new text begin Subd. 2. new text end

new text begin Family Assets for Independence in Minnesota. new text end

new text begin (a) The general fund
appropriation in Laws 2023, chapter 70, article 20, section 2, subdivision 22, paragraph (o),
for fiscal year 2025 is reduced by $1,391,000, and that amount cancels to the general fund.
new text end

new text begin (b) $1,391,000 in fiscal year 2025 is appropriated from the general fund to the
commissioner of human services for the family assets for independence in Minnesota
program under Minnesota Statutes, section 256E.35. This is a onetime appropriation and is
available until June 30, 2027.
new text end

new text begin Subd. 3. new text end

new text begin Community Action Agency Grants. new text end

new text begin (a) The general fund appropriation in
Laws 2023, chapter 70, article 20, section 2, subdivision 23, for fiscal year 2025 is reduced
by $2,704,000, and that amount cancels to the general fund.
new text end

new text begin (b) $2,704,000 in fiscal year 2025 is appropriated from the general fund to the
commissioner of human services for community action agencies under Minnesota Statutes,
section 256E.30.
new text end

new text begin Subd. 4. new text end

new text begin Fraud Prevention Grants. new text end

new text begin (a) The general fund appropriation in Laws 2023,
chapter 70, article 20, section 2, subdivision 3, for fiscal year 2025 is reduced by $425,000,
and that amount cancels to the general fund. The general fund base in Laws 2023, chapter
70, article 20, section 2, subdivision 3, paragraph (h), is reduced by $425,000 in fiscal years
2026 and 2027.
new text end

new text begin (b) $425,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of human services for fraud prevention grants.
new text end

new text begin (c) The general fund appropriation in Laws 2023, chapter 70, article 20, section 2,
subdivision 24, for fiscal year 2025 is reduced by $2,593,000, and that amount cancels to
the general fund. The general fund base in Laws 2023, chapter 70, article 20, section 2,
subdivision 24, paragraph (o), is reduced by $2,593,000 in fiscal years 2026 and 2027.
new text end

new text begin (d) $2,593,000 in fiscal year 2025 is appropriated from the general fund to the
commissioner of human services for fraud prevention grants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The fiscal year 2024 appropriation reductions and cancellations
in this section are effective the day following final enactment, or retroactively from June
30, 2024, whichever is earlier.
new text end

Sec. 7.

Laws 2023, chapter 70, article 20, section 2, subdivision 24, is amended to read:

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

212,877,000

78,333,000

(a) Fraud prevention initiative start-up
grants. $400,000 in fiscal year 2024 is for
start-up grants to the Red Lake Nation, White
Earth Nation, and Mille Lacs Band of Ojibwe
to develop a fraud prevention program. This
is a onetime appropriation and is available
until June 30, 2025.

(b) American Indian food sovereignty
funding program. $3,000,000 in fiscal year
2024 and $3,000,000 in fiscal year 2025 are
for Minnesota Statutes, section 256E.342. This
appropriation is available until June 30, 2025.
The base for this appropriation is $2,000,000
in fiscal year 2026 and $2,000,000 in fiscal
year 2027.

(c) Hennepin County grants to provide
services to people experiencing
homelessness. $11,432,000 in fiscal year 2024
is for grants to maintain capacity for shelters
and services provided to persons experiencing
homelessness in Hennepin County. Of this
amount:

(1) $4,500,000 is for a grant to Avivo Village;

(2) $2,000,000 is for a grant to the American
Indian Community Development Corporation
Homeward Bound shelter;

(3) $1,650,000 is for a grant to the Salvation
Army Harbor Lights shelter;

(4) $500,000 is for a grant to Agate Housing
and Services;

(5) $1,400,000 is for a grant to Catholic
Charities of St. Paul and Minneapolis;

(6) $450,000 is for a grant to Simpson
Housing; and

(7) $932,000 is for a grant to Hennepin
County.

Nothing shall preclude an eligible organization
receiving funding under this paragraph from
applying for and receiving funding under
Minnesota Statutes, section 256E.33, 256E.36,
256K.45, or 256K.47, nor does receiving
funding under this paragraph count against
any eligible organization in the competitive
processes related to those grant programs
under Minnesota Statutes, section 256E.33,
256E.36, 256K.45, or 256K.47.

(d) Diaper distribution grant program.
$545,000 in fiscal year 2024 and $553,000 in
fiscal year 2025 are for a grant to the Diaper
Bank of Minnesota under Minnesota Statutes,
section 256E.38.

(e) Prepared meals food relief. $1,654,000
in fiscal year 2024 and $1,638,000 in fiscal
year 2025 are for prepared meals food relief
grants. This is a onetime appropriation.

(f) Emergency shelter facilities. $98,456,000
in fiscal year 2024 is for grants to eligible
applicants for emergency shelter facilities.
This is a onetime appropriation and is
available until June 30, 2028.

(g) Homeless youth cash stipend pilot
project. $5,302,000 in fiscal year 2024 is for
a grant to Youthprise for the homeless youth
cash stipend pilot project. The grant must be
used to provide cash stipends to homeless
youth, provide cash incentives for stipend
recipients to participate in periodic surveys,
provide youth-designed optional services, and
complete a legislative report. This is a onetime
appropriation and is available until June 30,
deleted text begin 2028 deleted text end new text begin 2027 new text end .

(h) Heading Home Ramsey County
continuum of care grants. $11,432,000 in
fiscal year 2024 is for grants to maintain
capacity for shelters and services provided to
people experiencing homelessness in Ramsey
County. Of this amount:

(1) $2,286,000 is for a grant to Catholic
Charities of St. Paul and Minneapolis;

(2) $1,498,000 is for a grant to More Doors;

(3) $1,734,000 is for a grant to Interfaith
Action Project Home;

(4) $2,248,000 is for a grant to Ramsey
County;

(5) $689,000 is for a grant to Radias Health;

(6) $493,000 is for a grant to The Listening
House;

(7) $512,000 is for a grant to Face to Face;
and

(8) $1,972,000 is for a grant to the city of St.
Paul.

Nothing shall preclude an eligible organization
receiving funding under this paragraph from
applying for and receiving funding under
Minnesota Statutes, section 256E.33, 256E.36,
256K.45, or 256K.47, nor does receiving
funding under this paragraph count against
any eligible organization in the competitive
processes related to those grant programs
under Minnesota Statutes, section 256E.33,
256E.36, 256K.45, or 256K.47.

(i) Capital for emergency food distribution
facilities. $7,000,000 in fiscal year 2024 is for
improving and expanding the infrastructure
of food shelf facilities. Grant money must be
made available to nonprofit organizations,
federally recognized Tribes, and local units of
government. This is a onetime appropriation
and is available until June 30, 2027.

(j) Emergency services program grants.
$15,250,000 in fiscal year 2024 and
$14,750,000 in fiscal year 2025 are for
emergency services grants under Minnesota
Statutes, section 256E.36. Any unexpended
amount in the first year does not cancel and
is available in the second year. The base for
this appropriation is $25,000,000 in fiscal year
2026 and $30,000,000 in fiscal year 2027.

(k) Homeless Youth Act grants. $15,136,000
in fiscal year 2024 and $15,136,000 in fiscal
year 2025 are for grants under Minnesota
Statutes, section 256K.45, subdivision 1. Any
unexpended amount in the first year does not
cancel and is available in the second year.

(l) Transitional housing programs.
$3,000,000 in fiscal year 2024 and $3,000,000
in fiscal year 2025 are for transitional housing
programs under Minnesota Statutes, section
256E.33. Any unexpended amount in the first
year does not cancel and is available in the
second year.

(m) Safe harbor shelter and housing grants.
$2,125,000 in fiscal year 2024 and $2,125,000
in fiscal year 2025 are for grants under
Minnesota Statutes, section 256K.47. Any
unexpended amount in the first year does not
cancel and is available in the second year. The
base for this appropriation is $1,250,000 in
fiscal year 2026 and $1,250,000 in fiscal year
2027.

(n) Supplemental nutrition assistance
program (SNAP) outreach. $1,000,000 in
fiscal year 2024 and $1,000,000 in fiscal year
2025 are for the SNAP outreach program
under Minnesota Statutes, section 256D.65.
The base for this appropriation is $500,000 in
fiscal year 2026 and $500,000 in fiscal year
2027.

(o) Base level adjustment. The general fund
base is $83,179,000 in fiscal year 2026 and
$88,179,000 in fiscal year 2027.

new text begin (p) Minnesota Food Assistance Program.
Unexpended funds for the Minnesota food
assistance program for fiscal year 2024 are
available until June 30, 2025.
new text end

Sec. 8.

Laws 2023, chapter 70, article 20, section 23, is amended to read:

Sec. 23. TRANSFERS.

Subdivision 1.

Grants.

The commissioner of human services new text begin and commissioner of
children, youth, and families new text end , with the approval of the commissioner of management and
budget, may transfer unencumbered appropriation balances for the biennium ending June
30, 2025, within fiscal years among MFIP; general assistance; medical assistance;
MinnesotaCare; MFIP child care assistance under Minnesota Statutes, section 119B.05;
Minnesota supplemental aid program; housing support program; the entitlement portion of
Northstar Care for Children under Minnesota Statutes, chapter 256N; and the entitlement
portion of the behavioral health fund between fiscal years of the biennium. The commissioner
shall report to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services quarterly about transfers made under this
subdivision.

Subd. 2.

Administration.

Positions, salary money, and nonsalary administrative money
may be transferred within new text begin and between new text end the Department of Human Services new text begin and Department
of Children, Youth, and Families new text end as the commissioners consider necessary, with the advance
approval of the commissioner of management and budget. The commissioners shall report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services finance quarterly about transfers made under this section.

Sec. 9. new text begin DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES FEDERAL
REIMBURSEMENT.
new text end

new text begin Minnesota Management and Budget shall reflect Department of Children, Youth, and
Families federal reimbursement costs as expenditure reductions in the general fund budgeted
fund balance as they would be reported in conformity with generally accepted accounting
principles.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-08008

245.975 OMBUDSPERSON FOR FAMILY CHILD CARE PROVIDERS.

Subd. 8.

Office support.

The commissioner shall provide the ombudsperson with the necessary office space, supplies, equipment, and clerical support to effectively perform the duties under this section.

245A.065 CHILD CARE FIX-IT TICKET.

(a) In lieu of a correction order under section 245A.06, the commissioner shall issue a fix-it ticket to a family child care or child care center license holder if the commissioner finds that:

(1) the license holder has failed to comply with a requirement in this chapter or Minnesota Rules, chapter 9502 or 9503, that the commissioner determines to be eligible for a fix-it ticket;

(2) the violation does not imminently endanger the health, safety, or rights of the persons served by the program;

(3) the license holder did not receive a fix-it ticket or correction order for the violation at the license holder's last licensing inspection;

(4) the violation can be corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays; and

(5) the license holder corrects the violation at the time of inspection or agrees to correct the violation within 48 hours, excluding Saturdays, Sundays, and holidays.

(b) The fix-it ticket must state:

(1) the conditions that constitute a violation of the law or rule;

(2) the specific law or rule violated; and

(3) that the violation was corrected at the time of inspection or must be corrected within 48 hours, excluding Saturdays, Sundays, and holidays.

(c) The commissioner shall not publicly publish a fix-it ticket on the department's website.

(d) Within 48 hours, excluding Saturdays, Sundays, and holidays, of receiving a fix-it ticket, the license holder must correct the violation and within one week submit evidence to the licensing agency that the violation was corrected.

(e) If the violation is not corrected at the time of inspection or within 48 hours, excluding Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that the license holder corrected the violation, the commissioner must issue a correction order for the violation of Minnesota law or rule identified in the fix-it ticket according to section 245A.06.

Repealed Minnesota Session Laws: 24-08008

Laws 2024, chapter 80, article 2, section 1, subdivision 11

Section 1.

new text begin [142B.01] DEFINITIONS. new text end

new text begin Subd. 11. new text end

new text begin Foster residence setting. new text end

new text begin "Foster residence setting" has the meaning given in Minnesota Rules, part 2960.3010, subpart 26, and includes settings licensed by the commissioner of children, youth, and families or the commissioner of corrections. new text end

Laws 2024, chapter 80, article 2, section 10, subdivision 4

Sec. 10.

new text begin [142B.18] SANCTIONS. new text end

new text begin Subd. 4. new text end

new text begin Immediate suspension of residential programs. new text end

new text begin For suspensions issued to a licensed residential program as defined in section 142B.01, subdivision 24, the effective date of the order may be delayed for up to 30 calendar days to provide for the continuity of care of service recipients. The license holder must cooperate with the commissioner to ensure service recipients receive continued care during the period of the delay and to facilitate the transition of service recipients to new providers. In these cases, the suspension order takes effect when all service recipients have been transitioned to a new provider or 30 days after the suspension order was issued, whichever comes first. new text end

Laws 2024, chapter 80, article 2, section 3, subdivision 3

Sec. 3.

new text begin [142B.03] SYSTEMS AND RECORDS. new text end

new text begin Subd. 3. new text end

new text begin First date of working in a setting; documentation requirements. new text end

new text begin Foster residence setting license holders must document the first date that a person who is a background study subject begins working in the license holder's setting. If the license holder does not maintain documentation of each background study subject's first date of working in the setting in the license holder's personnel files, the license holder must provide documentation to the commissioner that contains the first date that each background study subject began working in the license holder's program upon the commissioner's request. new text end

Laws 2024, chapter 80, article 2, section 33

Sec. 33.

Minnesota Statutes 2022, section 245A.02, subdivision 6e, is amended to read:

Subd. 6e.

Foster residence setting.

"Foster residence setting" has the meaning given in Minnesota Rules, part 2960.3010, subpart 26, and includes settings licensed by the commissioner of deleted text begin human services deleted text end new text begin children, youth, and families new text end or the commissioner of corrections.

Laws 2024, chapter 80, article 2, section 4, subdivision 4

Sec. 4.

new text begin [142B.05] WHO MUST BE LICENSED. new text end

new text begin Subd. 4. new text end

new text begin Licensing moratorium. new text end

new text begin (a) The commissioner shall not issue an initial license for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, under this chapter for a physical location that will not be the primary residence of the license holder for the entire period of licensure. If a family child foster care home license is issued during this moratorium and the license holder changes the license holder's primary residence away from the physical location of the foster care license, the commissioner shall revoke the license according to section 142B.18. When approving an exception under this paragraph, the commissioner shall consider the resource need determination process in paragraph (e), the availability of foster care licensed beds in the geographic area in which the licensee seeks to operate, the results of a person's choices during their annual assessment and service plan review, and the recommendation of the local county board. The determination by the commissioner is final and not subject to appeal. Exceptions to the moratorium include: new text end

new text begin (1) foster care licenses replacing foster care licenses in existence on May 15, 2009, and determined to be needed by the commissioner under paragraph (b); and new text end

new text begin (2) new foster care licenses determined to be needed by the commissioner under paragraph (b) for persons requiring hospital-level care. new text end

new text begin (b) The commissioner shall determine the need for newly licensed foster care homes. As part of the determination, the commissioner shall consider the availability of foster care capacity in the area in which the licensee seeks to operate, and the recommendation of the local county board. The determination by the commissioner must be final. A determination of need is not required for a change in ownership at the same address. new text end

new text begin (c) At the time of application and reapplication for licensure, the applicant and the license holder that are subject to the moratorium or an exclusion established in paragraph (a) are required to inform the commissioner whether the physical location where the foster care will be provided is or will be the primary residence of the license holder for the entire period of licensure. If the primary residence of the applicant or license holder changes, the applicant or license holder must notify the commissioner immediately. The commissioner shall print on the foster care license certificate whether or not the physical location is the primary residence of the license holder. new text end

new text begin (d) License holders of foster care homes identified under paragraph (c) that are not the primary residence of the license holder and that also provide services in the foster care home that are covered by a federally approved home and community-based services waiver, as authorized under chapter 256S or section 256B.092 or 256B.49, must inform the children, youth, and families licensing division that the license holder provides or intends to provide these waiver-funded services. new text end

new text begin (e) The commissioner may adjust capacity to address needs identified in section 144A.351. Under this authority, the commissioner may approve new licensed settings or delicense existing settings. Delicensing of settings will be accomplished through a process identified in section 256B.493. new text end

Laws 2024, chapter 80, article 2, section 69

Sec. 69.

Minnesota Statutes 2022, section 245A.25, subdivision 1, is amended to read:

Subdivision 1.

Certification scope and applicability.

(a) This section establishes the requirements that a children's residential facility or child foster residence setting must meet to be certified for the purposes of Title IV-E funding requirements as:

(1) a qualified residential treatment program;

(2) a residential setting specializing in providing care and supportive services for youth who have been or are at risk of becoming victims of sex trafficking or commercial sexual exploitation;

(3) a residential setting specializing in providing prenatal, postpartum, or parenting support for youth; or

(4) a supervised independent living setting for youth who are 18 years of age or older.

(b) This section does not apply to a foster family setting in which the license holder resides in the foster home.

(c) Children's residential facilities licensed as detention settings according to Minnesota Rules, parts 2960.0230 to 2960.0290, or secure programs according to Minnesota Rules, parts 2960.0300 to 2960.0420, may not be certified under this section.

(d) For purposes of this section, "license holder" means an individual, organization, or government entity that was issued a children's residential facility or foster residence setting license by the commissioner of human services under this chapter new text begin ; by the commissioner of children, youth, and families under chapter 142B; new text end or by the commissioner of corrections under chapter 241.

(e) Certifications issued under this section for foster residence settings may only be issued by the commissioner of human services and are not delegated to county or private licensing agencies under section 245A.16.

Repealed Minnesota Rule: 24-08008

9545.0845 PLAN FOR TRANSFER OF RECORDS.

An applicant for initial or continuing licensure must submit a written plan indicating how the agency will provide for the transfer of records on both open and closed cases if the agency closes. The plan must provide for managing private and confidential information on agency clients, according to Minnesota Statutes, section 259.79. A controlling individual of the agency must sign the plan.

A.

Plans for the transfer of open cases and case records must specify arrangements the agency will make to transfer clients to another agency or county for continuation of services and to transfer the case record with the client.

B.

Plans for the transfer of closed adoption records must be accompanied by a signed agreement or other documentation indicating that a county or licensed child placing agency has agreed to accept and maintain the agency's closed case records and to provide follow-up services to affected clients.