1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; modifying child welfare 1.3 programs and children's mental health collaboratives; 1.4 providing for privatization of adoption services for 1.5 children under state guardianship; establishing pilot 1.6 projects; providing for appeals of child maltreatment 1.7 determinations; appropriating money; amending 1.8 Minnesota Statutes 1996, sections 245.4882, 1.9 subdivision 5; 245.493, subdivision 1, and by adding a 1.10 subdivision; 256.01, subdivision 2, and by adding a 1.11 subdivision; 256.045, subdivisions 3, 3b, 4, 5, and 8; 1.12 256.82, by adding a subdivision; 393.07, subdivision 1.13 2; 466.01, subdivision 1; 471.59, subdivision 11; 1.14 517.08, subdivision 1c; 626.556, subdivisions 10b, 1.15 10d, 10e, 10f, 11c, and by adding a subdivision; 1.16 626.558, subdivisions 1 and 2; and 626.559, 1.17 subdivision 5. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 Section 1. Minnesota Statutes 1996, section 245.4882, 1.20 subdivision 5, is amended to read: 1.21 Subd. 5. [SPECIALIZED RESIDENTIAL TREATMENT SERVICES.] The 1.22 commissioner of human services shall continue efforts to further 1.23 interagency collaboration to develop a comprehensive system of 1.24 services, including family community support and specialized 1.25 residential treatment services for children. The services shall 1.26 be designed for children with emotional disturbance who exhibit 1.27 violent or destructive behavior and for whom local treatment 1.28 services are not feasible due to the small number of children 1.29 statewide who need the services and the specialized nature of 1.30 the services required. The services shall be located in 1.31 community settings.If no appropriate services are available in2.1Minnesota or within the geographical area in which the residents2.2of the county normally do business, the commissioner is2.3responsible, effective July 1, 1997, for 50 percent of the2.4nonfederal costs of out-of-state treatment of children for whom2.5no appropriate resources are available in Minnesota. Counties2.6are eligible to receive enhanced state funding under this2.7section only if they have established juvenile screening teams2.8under section 260.151, subdivision 3, and if the out-of-state2.9treatment has been approved by the commissioner. By January 1,2.101995, the commissioners of human services and corrections shall2.11jointly develop a plan, including a financing strategy, for2.12increasing the in-state availability of treatment within a2.13secure setting. By July 1, 1994, the commissioner of human2.14services shall also:2.15(1) conduct a study and develop a plan to meet the needs of2.16children with both a developmental disability and severe2.17emotional disturbance; and2.18(2) study the feasibility of expanding medical assistance2.19coverage to include specialized residential treatment for the2.20children described in this subdivision.2.21 Sec. 2. Minnesota Statutes 1996, section 245.493, 2.22 subdivision 1, is amended to read: 2.23 Subdivision 1. [REQUIREMENTS TO QUALIFY AS A LOCAL 2.24 CHILDREN'S MENTAL HEALTH COLLABORATIVE.] In order to qualify as 2.25 a local children's mental health collaborative and be eligible 2.26 to receive start-up funds, the representatives of the local 2.27 system of care, including entities provided under section 2.28 245.4875, subdivision 6, and nongovernmental entities such as 2.29 parents of children in the target population; parent and 2.30 consumer organizations; community, civic, and religious 2.31 organizations; private and nonprofit mental and physical health 2.32 care providers; culturally specific organizations; local 2.33 foundations; and businesses, or at a minimum one county, one 2.34 school district or special education cooperative,andone mental 2.35 health entity, and, by July 1, 1998, one juvenile justice or 2.36 corrections entity, must agree to the following: 3.1 (1) to establish a local children's mental health 3.2 collaborative and develop an integrated service system; and 3.3 (2) to commit resources to providing services through the 3.4 local children's mental health collaborative. 3.5 Sec. 3. Minnesota Statutes 1996, section 245.493, is 3.6 amended by adding a subdivision to read: 3.7 Subd. 1a. [DUTIES OF CERTAIN COORDINATING BODIES.] By 3.8 mutual agreement of the collaborative and a coordinating body 3.9 listed in this subdivision, a children's mental health 3.10 collaborative or a collaborative established by the merger of a 3.11 children's mental health collaborative and a family services 3.12 collaborative under section 121.8355, may assume the duties of a 3.13 community transition interagency committee established under 3.14 section 120.17, subdivision 16; an interagency early 3.15 intervention committee established under 120.1701, subdivision 3.16 5; a local advisory council established under section 245.4875, 3.17 subdivision 5; or a local coordinating council established under 3.18 section 245.4875, subdivision 6. 3.19 Sec. 4. Minnesota Statutes 1996, section 256.01, 3.20 subdivision 2, is amended to read: 3.21 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of 3.22 section 241.021, subdivision 2, the commissioner of human 3.23 services shall: 3.24 (1) Administer and supervise all forms of public assistance 3.25 provided for by state law and other welfare activities or 3.26 services as are vested in the commissioner. Administration and 3.27 supervision of human services activities or services includes, 3.28 but is not limited to, assuring timely and accurate distribution 3.29 of benefits, completeness of service, and quality program 3.30 management. In addition to administering and supervising human 3.31 services activities vested by law in the department, the 3.32 commissioner shall have the authority to: 3.33 (a) require county agency participation in training and 3.34 technical assistance programs to promote compliance with 3.35 statutes, rules, federal laws, regulations, and policies 3.36 governing human services; 4.1 (b) monitor, on an ongoing basis, the performance of county 4.2 agencies in the operation and administration of human services, 4.3 enforce compliance with statutes, rules, federal laws, 4.4 regulations, and policies governing welfare services and promote 4.5 excellence of administration and program operation; 4.6 (c) develop a quality control program or other monitoring 4.7 program to review county performance and accuracy of benefit 4.8 determinations; 4.9 (d) require county agencies to make an adjustment to the 4.10 public assistance benefits issued to any individual consistent 4.11 with federal law and regulation and state law and rule and to 4.12 issue or recover benefits as appropriate; 4.13 (e) delay or deny payment of all or part of the state and 4.14 federal share of benefits and administrative reimbursement 4.15 according to the procedures set forth in section 256.017; and 4.16 (f) make contracts with and grants to public and private 4.17 agencies and organizations, both profit and nonprofit, and 4.18 individuals, using appropriated funds. 4.19 (2) Inform county agencies, on a timely basis, of changes 4.20 in statute, rule, federal law, regulation, and policy necessary 4.21 to county agency administration of the programs. 4.22 (3) Administer and supervise all child welfare activities; 4.23 promote the enforcement of laws protecting handicapped, 4.24 dependent, neglected and delinquent children, and children born 4.25 to mothers who were not married to the children's fathers at the 4.26 times of the conception nor at the births of the children; 4.27 license and supervise child-caring and child-placing agencies 4.28 and institutions; supervise the care of children in boarding and 4.29 foster homes or in private institutions; and generally perform 4.30 all functions relating to the field of child welfare now vested 4.31 in the state board of control. 4.32 (4) Administer and supervise all noninstitutional service 4.33 to handicapped persons, including those who are visually 4.34 impaired, hearing impaired, or physically impaired or otherwise 4.35 handicapped. The commissioner may provide and contract for the 4.36 care and treatment of qualified indigent children in facilities 5.1 other than those located and available at state hospitals when 5.2 it is not feasible to provide the service in state hospitals. 5.3 (5) Assist and actively cooperate with other departments, 5.4 agencies and institutions, local, state, and federal, by 5.5 performing services in conformity with the purposes of Laws 5.6 1939, chapter 431. 5.7 (6) Act as the agent of and cooperate with the federal 5.8 government in matters of mutual concern relative to and in 5.9 conformity with the provisions of Laws 1939, chapter 431, 5.10 including the administration of any federal funds granted to the 5.11 state to aid in the performance of any functions of the 5.12 commissioner as specified in Laws 1939, chapter 431, and 5.13 including the promulgation of rules making uniformly available 5.14 medical care benefits to all recipients of public assistance, at 5.15 such times as the federal government increases its participation 5.16 in assistance expenditures for medical care to recipients of 5.17 public assistance, the cost thereof to be borne in the same 5.18 proportion as are grants of aid to said recipients. 5.19 (7) Establish and maintain any administrative units 5.20 reasonably necessary for the performance of administrative 5.21 functions common to all divisions of the department. 5.22 (8) Act as designated guardian of both the estate and the 5.23 person of all the wards of the state of Minnesota, whether by 5.24 operation of law or by an order of court, without any further 5.25 act or proceeding whatever, except as to persons committed as 5.26 mentally retarded. For children under the guardianship of the 5.27 commissioner whose interests would be best served by adoptive 5.28 placement, the commissioner may contract with a licensed 5.29 child-placing agency to provide adoption services. A contract 5.30 with a licensed child-placing agency must be designed to 5.31 supplement existing county efforts and may not replace existing 5.32 county programs, unless the replacement is agreed to by the 5.33 county board and the appropriate exclusive bargaining 5.34 representative or the commissioner has evidence that child 5.35 placements of the county continue to be substantially below that 5.36 of other counties. 6.1 (9) Act as coordinating referral and informational center 6.2 on requests for service for newly arrived immigrants coming to 6.3 Minnesota. 6.4 (10) The specific enumeration of powers and duties as 6.5 hereinabove set forth shall in no way be construed to be a 6.6 limitation upon the general transfer of powers herein contained. 6.7 (11) Establish county, regional, or statewide schedules of 6.8 maximum fees and charges which may be paid by county agencies 6.9 for medical, dental, surgical, hospital, nursing and nursing 6.10 home care and medicine and medical supplies under all programs 6.11 of medical care provided by the state and for congregate living 6.12 care under the income maintenance programs. 6.13 (12) Have the authority to conduct and administer 6.14 experimental projects to test methods and procedures of 6.15 administering assistance and services to recipients or potential 6.16 recipients of public welfare. To carry out such experimental 6.17 projects, it is further provided that the commissioner of human 6.18 services is authorized to waive the enforcement of existing 6.19 specific statutory program requirements, rules, and standards in 6.20 one or more counties. The order establishing the waiver shall 6.21 provide alternative methods and procedures of administration, 6.22 shall not be in conflict with the basic purposes, coverage, or 6.23 benefits provided by law, and in no event shall the duration of 6.24 a project exceed four years. It is further provided that no 6.25 order establishing an experimental project as authorized by the 6.26 provisions of this section shall become effective until the 6.27 following conditions have been met: 6.28 (a) The proposed comprehensive plan, including estimated 6.29 project costs and the proposed order establishing the waiver, 6.30 shall be filed with the secretary of the senate and chief clerk 6.31 of the house of representatives at least 60 days prior to its 6.32 effective date. 6.33 (b) The secretary of health, education, and welfare of the 6.34 United States has agreed, for the same project, to waive state 6.35 plan requirements relative to statewide uniformity. 6.36 (c) A comprehensive plan, including estimated project 7.1 costs, shall be approved by the legislative advisory commission 7.2 and filed with the commissioner of administration. 7.3 (13) In accordance with federal requirements, establish 7.4 procedures to be followed by local welfare boards in creating 7.5 citizen advisory committees, including procedures for selection 7.6 of committee members. 7.7 (14) Allocate federal fiscal disallowances or sanctions 7.8 which are based on quality control error rates for the aid to 7.9 families with dependent children, medical assistance, or food 7.10 stamp program in the following manner: 7.11 (a) One-half of the total amount of the disallowance shall 7.12 be borne by the county boards responsible for administering the 7.13 programs. For the medical assistance and AFDC programs, 7.14 disallowances shall be shared by each county board in the same 7.15 proportion as that county's expenditures for the sanctioned 7.16 program are to the total of all counties' expenditures for the 7.17 AFDC and medical assistance programs. For the food stamp 7.18 program, sanctions shall be shared by each county board, with 50 7.19 percent of the sanction being distributed to each county in the 7.20 same proportion as that county's administrative costs for food 7.21 stamps are to the total of all food stamp administrative costs 7.22 for all counties, and 50 percent of the sanctions being 7.23 distributed to each county in the same proportion as that 7.24 county's value of food stamp benefits issued are to the total of 7.25 all benefits issued for all counties. Each county shall pay its 7.26 share of the disallowance to the state of Minnesota. When a 7.27 county fails to pay the amount due hereunder, the commissioner 7.28 may deduct the amount from reimbursement otherwise due the 7.29 county, or the attorney general, upon the request of the 7.30 commissioner, may institute civil action to recover the amount 7.31 due. 7.32 (b) Notwithstanding the provisions of paragraph (a), if the 7.33 disallowance results from knowing noncompliance by one or more 7.34 counties with a specific program instruction, and that knowing 7.35 noncompliance is a matter of official county board record, the 7.36 commissioner may require payment or recover from the county or 8.1 counties, in the manner prescribed in paragraph (a), an amount 8.2 equal to the portion of the total disallowance which resulted 8.3 from the noncompliance, and may distribute the balance of the 8.4 disallowance according to paragraph (a). 8.5 (15) Develop and implement special projects that maximize 8.6 reimbursements and result in the recovery of money to the 8.7 state. For the purpose of recovering state money, the 8.8 commissioner may enter into contracts with third parties. Any 8.9 recoveries that result from projects or contracts entered into 8.10 under this paragraph shall be deposited in the state treasury 8.11 and credited to a special account until the balance in the 8.12 account reaches $1,000,000. When the balance in the account 8.13 exceeds $1,000,000, the excess shall be transferred and credited 8.14 to the general fund. All money in the account is appropriated 8.15 to the commissioner for the purposes of this paragraph. 8.16 (16) Have the authority to make direct payments to 8.17 facilities providing shelter to women and their children 8.18 pursuant to section 256D.05, subdivision 3. Upon the written 8.19 request of a shelter facility that has been denied payments 8.20 under section 256D.05, subdivision 3, the commissioner shall 8.21 review all relevant evidence and make a determination within 30 8.22 days of the request for review regarding issuance of direct 8.23 payments to the shelter facility. Failure to act within 30 days 8.24 shall be considered a determination not to issue direct payments. 8.25 (17) Have the authority to establish and enforce the 8.26 following county reporting requirements: 8.27 (a) The commissioner shall establish fiscal and statistical 8.28 reporting requirements necessary to account for the expenditure 8.29 of funds allocated to counties for human services programs. 8.30 When establishing financial and statistical reporting 8.31 requirements, the commissioner shall evaluate all reports, in 8.32 consultation with the counties, to determine if the reports can 8.33 be simplified or the number of reports can be reduced. 8.34 (b) The county board shall submit monthly or quarterly 8.35 reports to the department as required by the commissioner. 8.36 Monthly reports are due no later than 15 working days after the 9.1 end of the month. Quarterly reports are due no later than 30 9.2 calendar days after the end of the quarter, unless the 9.3 commissioner determines that the deadline must be shortened to 9.4 20 calendar days to avoid jeopardizing compliance with federal 9.5 deadlines or risking a loss of federal funding. Only reports 9.6 that are complete, legible, and in the required format shall be 9.7 accepted by the commissioner. 9.8 (c) If the required reports are not received by the 9.9 deadlines established in clause (b), the commissioner may delay 9.10 payments and withhold funds from the county board until the next 9.11 reporting period. When the report is needed to account for the 9.12 use of federal funds and the late report results in a reduction 9.13 in federal funding, the commissioner shall withhold from the 9.14 county boards with late reports an amount equal to the reduction 9.15 in federal funding until full federal funding is received. 9.16 (d) A county board that submits reports that are late, 9.17 illegible, incomplete, or not in the required format for two out 9.18 of three consecutive reporting periods is considered 9.19 noncompliant. When a county board is found to be noncompliant, 9.20 the commissioner shall notify the county board of the reason the 9.21 county board is considered noncompliant and request that the 9.22 county board develop a corrective action plan stating how the 9.23 county board plans to correct the problem. The corrective 9.24 action plan must be submitted to the commissioner within 45 days 9.25 after the date the county board received notice of noncompliance. 9.26 (e) The final deadline for fiscal reports or amendments to 9.27 fiscal reports is one year after the date the report was 9.28 originally due. If the commissioner does not receive a report 9.29 by the final deadline, the county board forfeits the funding 9.30 associated with the report for that reporting period and the 9.31 county board must repay any funds associated with the report 9.32 received for that reporting period. 9.33 (f) The commissioner may not delay payments, withhold 9.34 funds, or require repayment under paragraph (c) or (e) if the 9.35 county demonstrates that the commissioner failed to provide 9.36 appropriate forms, guidelines, and technical assistance to 10.1 enable the county to comply with the requirements. If the 10.2 county board disagrees with an action taken by the commissioner 10.3 under paragraph (c) or (e), the county board may appeal the 10.4 action according to sections 14.57 to 14.69. 10.5 (g) Counties subject to withholding of funds under 10.6 paragraph (c) or forfeiture or repayment of funds under 10.7 paragraph (e) shall not reduce or withhold benefits or services 10.8 to clients to cover costs incurred due to actions taken by the 10.9 commissioner under paragraph (c) or (e). 10.10 (18) Allocate federal fiscal disallowances or sanctions for 10.11 audit exceptions when federal fiscal disallowances or sanctions 10.12 are based on a statewide random sample for the foster care 10.13 program under title IV-E of the Social Security Act, United 10.14 States Code, title 42, in direct proportion to each county's 10.15 title IV-E foster care maintenance claim for that period. 10.16 Sec. 5. Minnesota Statutes 1996, section 256.01, is 10.17 amended by adding a subdivision to read: 10.18 Subd. 14. [CHILD WELFARE REFORM PILOTS.] The commissioner 10.19 of human services shall encourage local reforms in the delivery 10.20 of child welfare services and is authorized to approve local 10.21 pilot programs which focus on reforming the child protection and 10.22 child welfare systems in Minnesota. Authority to approve pilots 10.23 includes authority to waive existing state rules as needed to 10.24 accomplish reform efforts. Notwithstanding section 626.556, 10.25 subdivision 10, 10b, or 10d, the commissioner may authorize 10.26 programs to use alternative methods of investigating and 10.27 assessing reports of child maltreatment, provided that the 10.28 programs comply with the provisions of section 626.556 dealing 10.29 with the rights of individuals who are subjects of reports or 10.30 investigations, including notice and appeal rights and data 10.31 practices requirements. Pilot programs must be required to 10.32 address responsibility for safety and protection of children, be 10.33 time limited, and include evaluation of the pilot program. 10.34 Sec. 6. Minnesota Statutes 1996, section 256.045, 10.35 subdivision 3, is amended to read: 10.36 Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency 11.1 hearings are available for the following: (1) any person 11.2 applying for, receiving or having received public assistance or 11.3 a program of social services granted by the state agency or a 11.4 county agency under sections 252.32, 256.031 to 256.036, and 11.5 256.72 to 256.879, chapters 256B, 256D, 256E, 261, or the 11.6 federal Food Stamp Act whose application for assistance is 11.7 denied, not acted upon with reasonable promptness, or whose 11.8 assistance is suspended, reduced, terminated, or claimed to have 11.9 been incorrectly paid; (2) any patient or relative aggrieved by 11.10 an order of the commissioner under section 252.27; (3) a party 11.11 aggrieved by a ruling of a prepaid health plan; (4) any 11.12 individual or facility determined by a lead agency to have 11.13 maltreated a vulnerable adult under section 626.557 after they 11.14 have exercised their right to administrative reconsideration 11.15 under section 626.557; (5) any person whose claim for foster 11.16 care payment pursuant to a placement of the child resulting from 11.17 a child protection assessment under section 626.556 is denied or 11.18 not acted upon with reasonable promptness, regardless of funding 11.19 source; (6) any person to whom a right of appeal pursuant to 11.20 this section is given by other provision of law;or(7) an 11.21 applicant aggrieved by an adverse decision to an application for 11.22 a hardship waiver under section 256B.15; or (8) an individual or 11.23 facility determined to have maltreated a minor under section 11.24 626.556 after they have exercised their right to administrative 11.25 reconsideration under section 626.556. The failure to exercise 11.26 the right to an administrative reconsideration shall not be a 11.27 bar to a hearing under this section if federal law provides an 11.28 individual the right to a hearing to dispute a finding of 11.29 maltreatment. Individuals and organizations specified in this 11.30 section may contest the specified action, decision, or final 11.31 disposition before the state agency by submitting a written 11.32 request for a hearing to the state agency within 30 days after 11.33 receiving written notice of the action, decision, or final 11.34 disposition, or within 90 days of such written notice if the 11.35 applicant, recipient, patient, or relative shows good cause why 11.36 the request was not submitted within the 30-day time limit. 12.1 The hearing for an individual or facility under clause (4) 12.2 or (8) is the only administrative appeal to the finallead12.3 agencydispositiondetermination specifically, including a 12.4 challenge to the accuracy and completeness of data under section 12.5 13.04. Hearings requested under clause (4) apply only to 12.6 incidents of maltreatment that occur on or after October 1, 12.7 1995. Hearings requested by nursing assistants in nursing homes 12.8 alleged to have maltreated a resident prior to October 1, 1995, 12.9 shall be held as a contested case proceeding under the 12.10 provisions of chapter 14. Hearings requested under clause (8) 12.11 apply only to incidents of maltreatment that occur on or after 12.12 July 1, 1997. A hearing for an individual or facility under 12.13 clause (8) is only available when there is no juvenile court or 12.14 adult criminal action pending. If such action is filed in 12.15 either court while an administrative review is pending, the 12.16 administrative review must be suspended until the judicial 12.17 actions are completed. If the juvenile court action or criminal 12.18 charge is dismissed or the criminal action overturned, the 12.19 matter may be considered in an administrative hearing. 12.20 For purposes of this section, bargaining unit grievance 12.21 procedures are not an administrative appeal. 12.22 The scope of hearings involving claims to foster care 12.23 payments under clause (5) shall be limited to the issue of 12.24 whether the county is legally responsible for a child's 12.25 placement under court order or voluntary placement agreement 12.26 and, if so, the correct amount of foster care payment to be made 12.27 on the child's behalf and shall not include review of the 12.28 propriety of the county's child protection determination or 12.29 child placement decision. 12.30 (b) Except for a prepaid health plan, a vendor of medical 12.31 care as defined in section 256B.02, subdivision 7, or a vendor 12.32 under contract with a county agency to provide social services 12.33 under section 256E.08, subdivision 4, is not a party and may not 12.34 request a hearing under this section, except if assisting a 12.35 recipient as provided in subdivision 4. 12.36 (c) An applicant or recipient is not entitled to receive 13.1 social services beyond the services included in the amended 13.2 community social services plan developed under section 256E.081, 13.3 subdivision 3, if the county agency has met the requirements in 13.4 section 256E.081. 13.5 Sec. 7. Minnesota Statutes 1996, section 256.045, 13.6 subdivision 3b, is amended to read: 13.7 Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT 13.8 HEARINGS.] The state human services referee shall determine that 13.9 maltreatment has occurred if a preponderance of evidence exists 13.10 to support the final disposition undersectionsections 626.556 13.11 and 626.557. 13.12 The state human services referee shall recommend an order 13.13 to the commissioner of health or human services, as applicable, 13.14 who shall issue a final order. The commissioner shall affirm, 13.15 reverse, or modify the final disposition. Any order of the 13.16 commissioner issued in accordance with this subdivision is 13.17 conclusive upon the parties unless appeal is taken in the manner 13.18 provided in subdivision 7. In any licensing appeal under 13.19 chapter 245A and sections 144.50 to 144.58 and 144A.02 to 13.20 144A.46, the commissioner'sfindingsdetermination as towhether13.21 maltreatmentoccurredis conclusive. 13.22 Sec. 8. Minnesota Statutes 1996, section 256.045, 13.23 subdivision 4, is amended to read: 13.24 Subd. 4. [CONDUCT OF HEARINGS.] (a) All hearings held 13.25 pursuant to subdivision 3, 3a, 3b, or 4a shall be conducted 13.26 according to the provisions of the federal Social Security Act 13.27 and the regulations implemented in accordance with that act to 13.28 enable this state to qualify for federal grants-in-aid, and 13.29 according to the rules and written policies of the commissioner 13.30 of human services. County agencies shall install equipment 13.31 necessary to conduct telephone hearings. A state human services 13.32 referee may schedule a telephone conference hearing when the 13.33 distance or time required to travel to the county agency offices 13.34 will cause a delay in the issuance of an order, or to promote 13.35 efficiency, or at the mutual request of the parties. Hearings 13.36 may be conducted by telephone conferences unless the applicant, 14.1 recipient, former recipient, person, or facility contesting 14.2 maltreatment objects. The hearing shall not be held earlier 14.3 than five days after filing of the required notice with the 14.4 county or state agency. The state human services referee shall 14.5 notify all interested persons of the time, date, and location of 14.6 the hearing at least five days before the date of the hearing. 14.7 Interested persons may be represented by legal counsel or other 14.8 representative of their choice, including a provider of therapy 14.9 services, at the hearing and may appear personally, testify and 14.10 offer evidence, and examine and cross-examine witnesses. The 14.11 applicant, recipient, former recipient, person, or facility 14.12 contesting maltreatment shall have the opportunity to examine 14.13 the contents of the case file and all documents and records to 14.14 be used by the county or state agency at the hearing at a 14.15 reasonable time before the date of the hearing and during the 14.16 hearing.In cases alleging discharge for maltreatment,In 14.17 hearings under subdivision 3, paragraph (a), clause (4) or (8), 14.18 either party may subpoena the private data relating to the 14.19 investigationmemorandumprepared by theleadagency under 14.20 section 626.556 or 626.557 that is not otherwise accessible 14.21 under section 13.04, provided thenameidentity of the reporter 14.22 may not be disclosed. 14.23 (b) The private data obtained pursuant to a subpoena in a 14.24 hearing under subdivision 3, paragraph (a), clause (4) or (8), 14.25 must be subject to a protective order which prohibits its 14.26 disclosure for any other purpose outside the hearing provided 14.27 for in this section without prior order of the district court. 14.28 Disclosure without court order is punishable by a sentence of 14.29 not more than 90 days imprisonment or a fine of not more than 14.30 $700, or both. These restrictions on the use of private data do 14.31 not prohibit access to the data under section 13.03, subdivision 14.32 6. Except for appeals under subdivision 3, paragraph (a), 14.33 clauses (4), (5), and (8), upon request, the county agency shall 14.34 provide reimbursement for transportation, child care, 14.35 photocopying, medical assessment, witness fee, and other 14.36 necessary and reasonable costs incurred by the applicant, 15.1 recipient, or former recipient in connection with the appeal,15.2except in appeals brought under subdivision 3b. All evidence, 15.3 except that privileged by law, commonly accepted by reasonable 15.4 people in the conduct of their affairs as having probative value 15.5 with respect to the issues shall be submitted at the hearing and 15.6 such hearing shall not be "a contested case" within the meaning 15.7 of section 14.02, subdivision 3. The agency must present its 15.8 evidence prior to or at the hearing, and may not submit evidence 15.9 after the hearing except by agreement of the parties at the 15.10 hearing, provided therecipientpetitioner has the opportunity 15.11 to respond. 15.12 Sec. 9. Minnesota Statutes 1996, section 256.045, 15.13 subdivision 5, is amended to read: 15.14 Subd. 5. [ORDERS OF THE COMMISSIONER OF HUMAN SERVICES.] 15.15This subdivision does not apply to appeals under subdivision15.163b.A state human services referee shall conduct a hearing on 15.17 the appeal and shall recommend an order to the commissioner of 15.18 human services. The recommended order must be based on all 15.19 relevant evidence and must not be limited to a review of the 15.20 propriety of the state or county agency's action. A referee may 15.21 take official notice of adjudicative facts. The commissioner of 15.22 human services may accept the recommended order of a state human 15.23 services referee and issue the order to the county agency and 15.24 the applicant, recipient, former recipient, or prepaid health 15.25 plan. The commissioner on refusing to accept the recommended 15.26 order of the state human services referee, shall notify the 15.27countypetitioner, the agencyand the applicant, recipient,15.28former recipient, or prepaid health plan of that fact and shall 15.29 state reasons therefor and shall allow each party ten days' time 15.30 to submit additional written argument on the matter. After the 15.31 expiration of the ten-day period, the commissioner shall issue 15.32 an order on the matter to thecountypetitioner, the agencyand15.33the applicant, recipient, former recipient, or prepaid health 15.34 plan. 15.35 A party aggrieved by an order of the commissioner may 15.36 appeal under subdivision 7, or request reconsideration by the 16.1 commissioner within 30 days after the date the commissioner 16.2 issues the order. The commissioner may reconsider an order upon 16.3 request of any party or on the commissioner's own motion. A 16.4 request for reconsideration does not stay implementation of the 16.5 commissioner's order. Upon reconsideration, the commissioner 16.6 may issue an amended order or an order affirming the original 16.7 order. 16.8 Any order of the commissioner issued under this subdivision 16.9 shall be conclusive upon the parties unless appeal is taken in 16.10 the manner provided by subdivision 7. Any order of the 16.11 commissioner is binding on the parties and must be implemented 16.12 by the state agency or a county agency until the order is 16.13 reversed by the district court, or unless the commissioner or a 16.14 district court orders monthly assistance or aid or services paid 16.15 or provided under subdivision 10. 16.16 Except for a prepaid health plan, a vendor of medical care 16.17 as defined in section 256B.02, subdivision 7, or a vendor under 16.18 contract with a county agency to provide social services under 16.19 section 256E.08, subdivision 4, is not a party and may not 16.20 request a hearing or seek judicial review of an order issued 16.21 under this section, unless assisting a recipient as provided in 16.22 subdivision 4. 16.23 Sec. 10. Minnesota Statutes 1996, section 256.045, 16.24 subdivision 8, is amended to read: 16.25 Subd. 8. [HEARING.] Any party may obtain a hearing at a 16.26 special term of the district court by serving a written notice 16.27 of the time and place of the hearing at least ten days prior to 16.28 the date of the hearing.Except for appeals under subdivision16.293b,The court may consider the matter in or out of chambers, and 16.30 shall take no new or additional evidence unless it determines 16.31 that such evidence is necessary for a more equitable disposition 16.32 of the appeal. 16.33 Sec. 11. Minnesota Statutes 1996, section 256.82, is 16.34 amended by adding a subdivision to read: 16.35 Subd. 5. [DIFFICULTY OF CARE ASSESSMENT PILOT 16.36 PROJECT.] Notwithstanding any law to the contrary, the 17.1 commissioner of human services shall conduct a two-year 17.2 statewide pilot project beginning July 1, 1997, to conduct a 17.3 difficulty of care assessment process which both assesses an 17.4 individual child's current functioning and identifies needs in a 17.5 variety of life situations. The pilot project must take into 17.6 consideration existing difficulty of care payments so that, to 17.7 the extent possible, no child for whom a difficulty of care rate 17.8 is currently established will be adversely affected. The pilot 17.9 project must include an evaluation and an interim report to the 17.10 legislature by January 15, 1999. 17.11 Sec. 12. Minnesota Statutes 1996, section 393.07, 17.12 subdivision 2, is amended to read: 17.13 Subd. 2. [ADMINISTRATION OF PUBLIC WELFARE.] The local 17.14 social services agency, subject to the supervision of the 17.15 commissioner of human services, shall administer all forms of 17.16 public welfare, both for children and adults, responsibility for 17.17 which now or hereafter may be imposed on the commissioner of 17.18 human services by law, including general assistance, aid to 17.19 dependent children, county supplementation, if any, or state aid 17.20 to recipients of supplemental security income for aged, blind 17.21 and disabled, child welfare services, mental health services, 17.22 and other public assistance or public welfare services, provided 17.23 that the local social services agency shall not employ public 17.24 health nursing or home health service personnel other than 17.25 homemaker-home help aides, but shall contract for or purchase 17.26 the necessary services from existing community agencies. The 17.27 duties of the local social services agency shall be performed in 17.28 accordance with the standards and rules which may be promulgated 17.29 by the commissioner of human services to achieve the purposes 17.30 intended by law and in order to comply with the requirements of 17.31 the federal Social Security Act in respect to public assistance 17.32 and child welfare services, so that the state may qualify for 17.33 grants-in-aid available under that act. To avoid administrative 17.34 penalties under section 256.017, the local social services 17.35 agency must comply with (1) policies established by state law 17.36 and (2) instructions from the commissioner relating (i) to 18.1 public assistance program policies consistent with federal law 18.2 and regulation and state law and rule and (ii) to local agency 18.3 program operations. The commissioner may enforce local social 18.4 services agency compliance with the instructions, and may delay, 18.5 withhold, or deny payment of all or part of the state and 18.6 federal share of benefits and federal administrative 18.7 reimbursement, according to the provisions under section 18.8 256.017. The local social services agency shall supervise wards 18.9 of the commissioner and, when so designated, act as agent of the 18.10 commissioner of human services in the placement of the 18.11 commissioner's wards in adoptive homes or in other foster care 18.12 facilities. The local social services agency shall cooperate as 18.13 needed when the commissioner contracts with a licensed child 18.14 placement agency for adoption services for a child under the 18.15 commissioner's guardianship. The local social services agency 18.16 may contract with a bank or other financial institution to 18.17 provide services associated with the processing of public 18.18 assistance checks and pay a service fee for these services, 18.19 provided the fee charged does not exceed the fee charged to 18.20 other customers of the institution for similar services. 18.21 Sec. 13. Minnesota Statutes 1996, section 466.01, 18.22 subdivision 1, is amended to read: 18.23 Subdivision 1. [MUNICIPALITY.] For the purposes of 18.24 sections 466.01 to 466.15, "municipality" means any city, 18.25 whether organized under home rule charter or otherwise, any 18.26 county, town, public authority, public corporation, nonprofit 18.27 firefighting corporation that has associated with it a relief 18.28 association as defined in section 424A.001, subdivision 4, 18.29 special district, school district, however organized, county 18.30 agricultural society organized pursuant to chapter 38, joint 18.31 powers board or organization created under section 471.59 or 18.32 other statute, public library, regional public library system, 18.33 multicounty multitype library system, family services 18.34 collaborative established under section 121.8355, children's 18.35 mental health collaboratives established under sections 245.491 18.36 to 245.496, or a collaborative established by the merger of a 19.1 children's mental health collaborative and a family services 19.2 collaborative, other political subdivision, or community action 19.3 agency. 19.4 Sec. 14. Minnesota Statutes 1996, section 471.59, 19.5 subdivision 11, is amended to read: 19.6 Subd. 11. [JOINT POWERS BOARD.] (a) Two or more 19.7 governmental units, through action of their governing bodies, by 19.8 adoption of a joint powers agreement that complies with the 19.9 provisions of subdivisions 1 to 5, may establish a joint board 19.10 to issue bonds or obligations under any law by which any of the 19.11 governmental units establishing the joint board may 19.12 independently issue bonds or obligations and may use the 19.13 proceeds of the bonds or obligations to carry out the purposes 19.14 of the law under which the bonds or obligations are issued. A 19.15 joint board established under this section may issue obligations 19.16 and other forms of indebtedness only in accordance with express 19.17 authority granted by the action of the governing bodies of the 19.18 governmental units that established the joint board. Except as 19.19 provided in paragraph (b), the joint board established under 19.20 this subdivision must be composed solely of members of the 19.21 governing bodies of the governmental unit that established the 19.22 joint board. A joint board established under this subdivision 19.23 may not pledge the full faith and credit or taxing power of any 19.24 of the governmental units that established the joint board. The 19.25 obligations or other forms of indebtedness must be obligations 19.26 of the joint board issued on behalf of the governmental units 19.27 creating the joint board. The obligations or other forms of 19.28 indebtedness must be issued in the same manner and subject to 19.29 the same conditions and limitations that would apply if the 19.30 obligations were issued or indebtedness incurred by one of the 19.31 governmental units that established the joint board, provided 19.32 that any reference to a governmental unit in the statute, law, 19.33 or charter provision authorizing the issuance of the bonds or 19.34 the incurring of the indebtedness is considered a reference to 19.35 the joint board. 19.36 (b) Notwithstanding paragraph (a), one school district, one 20.1 county, and one public health entity, through action of their 20.2 governing bodies, may establish a joint board to establish and 20.3 govern a family services collaborative under section 121.8355. 20.4 The school district, county, and public health entity may 20.5 include other governmental entities at their discretion. The 20.6 membership of a board established under this paragraph, in 20.7 addition to members of the governing bodies of the participating 20.8 governmental units, must include the representation required by 20.9 section 121.8355, subdivision 1, paragraph (a), selected in 20.10 accordance with section 121.8355, subdivision 1, paragraph (c). 20.11 (c) Notwithstanding paragraph (a), one county, one school 20.12 district, and one mental health entity, through action of their 20.13 governing bodies, may establish a joint board to establish and 20.14 govern a children's mental health collaborative under sections 20.15 245.491 to 245.496, or a collaborative established by the merger 20.16 of a children's mental health collaborative and a family 20.17 services collaborative under section 121.8355. The county, 20.18 school district, and mental health entity may include other 20.19 governmental entities at their discretion. The membership of a 20.20 board established under this paragraph, in addition to members 20.21 of the governing bodies of the participating governmental units, 20.22 must include the representation provided by section 245.493, 20.23 subdivision 1. 20.24 Sec. 15. Minnesota Statutes 1996, section 517.08, 20.25 subdivision 1c, is amended to read: 20.26 Subd. 1c. [DISPOSITION OF LICENSE FEE.] Of the marriage 20.27 license fee collected pursuant to subdivision 1b, the court 20.28 administrator shall pay $55 to the state treasurer to be 20.29 deposited as follows: 20.30 (1) $50 in the general fund; 20.31 (2) $3 in the special revenue fund to be appropriated to 20.32 the commissioner ofhuman serviceschildren, families, and 20.33 learning for supervised visitation facilities under section 20.34 256F.09; and 20.35 (3) $2 in the special revenue fund to be appropriated to 20.36 the commissioner of health for developing and implementing the 21.1 MN ENABL program under section 145.9255. 21.2 Sec. 16. Minnesota Statutes 1996, section 626.556, 21.3 subdivision 10b, is amended to read: 21.4 Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN A 21.5 FACILITY.] (a) The commissioner shall immediately investigate if 21.6 the report alleges that: 21.7 (1) a child who is in the care of a facility as defined in 21.8 subdivision 2 is neglected, physically abused, or sexually 21.9 abused by an individual in that facility, or has been so 21.10 neglected or abused by an individual in that facility within the 21.11 three years preceding the report; or 21.12 (2) a child was neglected, physically abused, or sexually 21.13 abused by an individual in a facility defined in subdivision 2, 21.14 while in the care of that facility within the three years 21.15 preceding the report. 21.16 The commissioner shall arrange for the transmittal to the 21.17 commissioner of reports received by local agencies and may 21.18 delegate to a local welfare agency the duty to investigate 21.19 reports. In conducting an investigation under this section, the 21.20 commissioner has the powers and duties specified for local 21.21 welfare agencies under this section. The commissioner or local 21.22 welfare agency may interview any children who are or have been 21.23 in the care of a facility under investigation and their parents, 21.24 guardians, or legal custodians. 21.25 (b) Prior to any interview, the commissioner or local 21.26 welfare agency shall notify the parent, guardian, or legal 21.27 custodian of a child who will be interviewed in the manner 21.28 provided for in subdivision 10d, paragraph (a). If reasonable 21.29 efforts to reach the parent, guardian, or legal custodian of a 21.30 child in an out-of-home placement have failed, the child may be 21.31 interviewed if there is reason to believe the interview is 21.32 necessary to protect the child or other children in the 21.33 facility. The commissioner or local agency must provide the 21.34 information required in this subdivision to the parent, 21.35 guardian, or legal custodian of a child interviewed without 21.36 parental notification as soon as possible after the interview. 22.1 When the investigation is completed, any parent, guardian, or 22.2 legal custodian notified under this subdivision shall receive 22.3 the written memorandum provided for in subdivision 10d, 22.4 paragraph (c). 22.5 (c) In conducting investigations under this subdivision the 22.6 commissioner or local welfare agency shall obtain access to 22.7 information consistent with subdivision 10, paragraphs (h), (i), 22.8 and (j). 22.9 (d) Except for foster care and family child care, the 22.10 commissioner has the primary responsibility for the 22.11 investigations and notifications required under subdivisions 10d 22.12 and 10f for reports that allege maltreatment related to the care 22.13 provided by or in facilities licensed by the commissioner. The 22.14 commissioner may request assistance from the local social 22.15 service agency. 22.16 Sec. 17. Minnesota Statutes 1996, section 626.556, 22.17 subdivision 10d, is amended to read: 22.18 Subd. 10d. [NOTIFICATION OF NEGLECT OR ABUSE IN A 22.19 FACILITY.] (a) When a report is received that alleges neglect, 22.20 physical abuse, or sexual abuse of a child while in the care of 22.21 a facility required to be licensed pursuant tosections 245A.0122.22to 245A.16chapter 245A, the commissioner or local welfare 22.23 agency investigating the report shall provide the following 22.24 information to the parent, guardian, or legal custodian of a 22.25 child alleged to have been neglected, physically abused, or 22.26 sexually abused: the name of the facility; the fact that a 22.27 report alleging neglect, physical abuse, or sexual abuse of a 22.28 child in the facility has been received; the nature of the 22.29 alleged neglect, physical abuse, or sexual abuse; that the 22.30 agency is conducting an investigation; any protective or 22.31 corrective measures being taken pending the outcome of the 22.32 investigation; and that a written memorandum will be provided 22.33 when the investigation is completed. 22.34 (b) The commissioner or local welfare agency may also 22.35 provide the information in paragraph (a) to the parent, 22.36 guardian, or legal custodian of any other child in the facility 23.1 if the investigative agency knows or has reason to believe the 23.2 alleged neglect, physical abuse, or sexual abuse has occurred. 23.3 In determining whether to exercise this authority, the 23.4 commissioner or local welfare agency shall consider the 23.5 seriousness of the alleged neglect, physical abuse, or sexual 23.6 abuse; the number of children allegedly neglected, physically 23.7 abused, or sexually abused; the number of alleged perpetrators; 23.8 and the length of the investigation. The facility shall be 23.9 notified whenever this discretion is exercised. 23.10 (c) When the commissioner or local welfare agency has 23.11 completed its investigation, every parent, guardian, or legal 23.12 custodian notified of the investigation by the commissioner or 23.13 local welfare agency shall be provided with the following 23.14 information in a written memorandum: the name of the facility 23.15 investigated; the nature of the alleged neglect, physical abuse, 23.16 or sexual abuse; the investigator's name; a summary of the 23.17 investigation findings; a statement whether maltreatment was 23.18 found; and the protective or corrective measures that are being 23.19 or will be taken. The memorandum shall be written in a manner 23.20 that protects the identity of the reporter and the child and 23.21 shall not contain the name, or to the extent possible, reveal 23.22 the identity of the alleged perpetrator or of those interviewed 23.23 during the investigation. The commissioner or local welfare 23.24 agency shall also provide the written memorandum to the parent, 23.25 guardian, or legal custodian of each child in the facility if 23.26 maltreatment is determined to exist. 23.27 Sec. 18. Minnesota Statutes 1996, section 626.556, 23.28 subdivision 10e, is amended to read: 23.29 Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every 23.30 assessment or investigation it conducts, the local welfare 23.31 agency shall make two determinations: first, whether 23.32 maltreatment has occurred; and second, whether child protective 23.33 services are needed. When maltreatment is determined in an 23.34 investigation involving a facility, the investigating agency 23.35 shall also determine whether the facility or individual was 23.36 responsible for the maltreatment using the mitigating factors in 24.1 paragraph (d). Determinations under this subdivision must be 24.2 made based on a preponderance of the evidence. 24.3 (a) For the purposes of this subdivision, "maltreatment" 24.4 means any of the following acts or omissions committed by a 24.5 person responsible for the child's care: 24.6 (1) physical abuse as defined in subdivision 2, paragraph 24.7 (d); 24.8 (2) neglect as defined in subdivision 2, paragraph (c); 24.9 (3) sexual abuse as defined in subdivision 2, paragraph 24.10 (a); or 24.11 (4) mental injury as defined in subdivision 2, paragraph 24.12 (k). 24.13 (b) For the purposes of this subdivision, a determination 24.14 that child protective services are needed means that the local 24.15 welfare agency has documented conditions during the assessment 24.16 or investigation sufficient to cause a child protection worker, 24.17 as defined in section 626.559, subdivision 1, to conclude that a 24.18 child is at significant risk of maltreatment if protective 24.19 intervention is not provided and that the individuals 24.20 responsible for the child's care have not taken or are not 24.21 likely to take actions to protect the child from maltreatment or 24.22 risk of maltreatment. 24.23 (c) This subdivision does not mean that maltreatment has 24.24 occurred solely because the child's parent, guardian, or other 24.25 person responsible for the child's care in good faith selects 24.26 and depends upon spiritual means or prayer for treatment or care 24.27 of disease or remedial care of the child, in lieu of medical 24.28 care. However, if lack of medical care may result in serious 24.29 danger to the child's health, the local welfare agency may 24.30 ensure that necessary medical services are provided to the child. 24.31 (d) When determining whether the facility or individual is 24.32 the responsible party for determined maltreatment in a facility, 24.33 the investigating agency shall consider at least the following 24.34 mitigating factors: 24.35 (1) whether the actions of the facility or the individual 24.36 caregivers were in accordance with, and followed the terms of, 25.1 an erroneous physician order, prescription, individual care 25.2 plan, or directive; this is not a mitigating factor when the 25.3 facility or caregiver was responsible for the issuance of the 25.4 erroneous order, prescription, plan, or directive or knew or 25.5 should have known of the errors and took no reasonable measures 25.6 to correct the defect before administering care; 25.7 (2) the comparative responsibility between the facility, 25.8 other caregivers, and requirements placed upon an employee, 25.9 including the facility's compliance with related regulatory 25.10 standards; the adequacy of facility policies and procedures, 25.11 facility training, an individual's participation in the 25.12 training, caregiver supervision, and facility staffing levels; 25.13 and the scope of the individual employee's authority and 25.14 discretion; and 25.15 (3) whether the facility or individual followed 25.16 professional standards in exercising professional judgment. 25.17 Sec. 19. Minnesota Statutes 1996, section 626.556, 25.18 subdivision 10f, is amended to read: 25.19 Subd. 10f. [NOTICE OF DETERMINATIONS.] Within ten working 25.20 days of the conclusion of an assessment, the local welfare 25.21 agency shall notify the parent or guardian of the child, the 25.22 person determined to be maltreating the child, and if 25.23 applicable, the director of the facility, of the determination 25.24 and a summary of the specific reasons for the determination. 25.25 The notice must also include a certification that the 25.26 information collection procedures under subdivision 10, 25.27 paragraphs (h), (i), and (j), were followed and a notice of the 25.28 right of a data subject to obtain access to other private data 25.29 on the subject collected, created, or maintained under this 25.30 section. In addition, the notice shall include the length of 25.31 time that the records will be kept under subdivision 11c. When 25.32 there is no determination of either maltreatment or a need for 25.33 services, the notice shall also include the alleged 25.34 perpetrator's right to have the records destroyed. The 25.35 investigating agency shall notify the designee of the child who 25.36 is the subject of the report, and any person or facility 26.1 determined to have maltreated a child, of their appeal rights 26.2 under this section. 26.3 Sec. 20. Minnesota Statutes 1996, section 626.556, is 26.4 amended by adding a subdivision to read: 26.5 Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF THE FINAL 26.6 DETERMINATION OF MALTREATMENT.] (a) An individual or facility 26.7 that the commissioner or a local social service agency 26.8 determines has maltreated a child, or the child's designee, 26.9 regardless of the determination, who contests the investigating 26.10 agency's final determination regarding maltreatment, may request 26.11 the investigating agency to reconsider its final determination 26.12 regarding maltreatment. The request for reconsideration must be 26.13 submitted in writing to the investigating agency within 15 26.14 calendar days after receipt of notice of the final determination 26.15 regarding maltreatment. 26.16 (b) If the investigating agency denies the request or fails 26.17 to act upon the request within 15 calendar days after receiving 26.18 the request for reconsideration, the person or facility entitled 26.19 to a fair hearing under section 256.045, may submit to the 26.20 commissioner of human services a written request for a hearing 26.21 under that statute. 26.22 (c) If, as a result of the reconsideration, the 26.23 investigating agency changes the final determination of 26.24 maltreatment, it shall notify the parties specified in 26.25 subdivisions 10b, 10d, and 10f. 26.26 Sec. 21. Minnesota Statutes 1996, section 626.556, 26.27 subdivision 11c, is amended to read: 26.28 Subd. 11c. [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 26.29 RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 26.30 138.17, records maintained or records derived from reports of 26.31 abuse by local welfare agencies, court services agencies, or 26.32 schools under this section shall be destroyed as provided in 26.33 paragraphs (a) to (d) by the responsible authority. 26.34 (a) If upon assessment or investigation there is no 26.35 determination of maltreatment or the need for child protective 26.36 services, the records may be maintained for a period of four 27.1 years. After the individual alleged to have maltreated a child 27.2 is notified under subdivision 10f of the determinations at the 27.3 conclusion of the assessment or investigation, upon that 27.4 individual's request, records shall be destroyed within 30 27.5 days or after the appeal rights under subdivision 10i have been 27.6 concluded, whichever is later. 27.7 (b) All records relating to reports which, upon assessment 27.8 or investigation, indicate either maltreatment or a need for 27.9 child protective services shall be maintained for at least ten 27.10 years after the date of the final entry in the case record. 27.11 (c) All records regarding a report of maltreatment, 27.12 including any notification of intent to interview which was 27.13 received by a school under subdivision 10, paragraph (d), shall 27.14 be destroyed by the school when ordered to do so by the agency 27.15 conducting the assessment or investigation. The agency shall 27.16 order the destruction of the notification when other records 27.17 relating to the report under investigation or assessment are 27.18 destroyed under this subdivision. 27.19 (d) Private or confidential data released to a court 27.20 services agency under subdivision 10h must be destroyed by the 27.21 court services agency when ordered to do so by the local welfare 27.22 agency that released the data. The local welfare agency shall 27.23 order destruction of the data when other records relating to the 27.24 assessment or investigation are destroyed under this subdivision. 27.25 Sec. 22. Minnesota Statutes 1996, section 626.558, 27.26 subdivision 1, is amended to read: 27.27 Subdivision 1. [ESTABLISHMENT OF THE TEAM.] A county shall 27.28 establish a multidisciplinary child protection team that may 27.29 include, but not be limited to, the director of the local 27.30 welfare agency or designees, the county attorney or designees, 27.31 the county sheriff or designees, representatives of health and 27.32 education, representatives of mental health or other appropriate 27.33 human service or community-based agencies, and parent groups. 27.34 As used in this section, a "community-based agency" may include, 27.35 but is not limited to, schools, social service agencies, family 27.36 service and mental health collaboratives, early childhood and 28.1 family education programs, Head Start, or other agencies serving 28.2 children and families. 28.3 Sec. 23. Minnesota Statutes 1996, section 626.558, 28.4 subdivision 2, is amended to read: 28.5 Subd. 2. [DUTIES OF TEAM.] A multidisciplinary child 28.6 protection team may provide public and professional education, 28.7 develop resources for prevention, intervention, and treatment, 28.8 and provide case consultation to the local welfare agencyto28.9better enable the agency to carry out its child protection28.10functions under section 626.556 and the community social28.11services act.or other interested community-based agencies. The 28.12 community-based agencies may request case consultation from the 28.13 multidisciplinary child protection team regarding a child or 28.14 family for whom the community-based agency is providing 28.15 services. As used in this section, "case consultation" means a 28.16 case review process in which recommendations are made concerning 28.17 services to be provided to the identified children and family. 28.18 Case consultation may be performed by a committee or 28.19 subcommittee of members representing human services, including 28.20 mental health and chemical dependency; law enforcement, 28.21 including probation and parole; the county attorney; health 28.22 care; education; community-based agencies and other necessary 28.23 agencies; and persons directly involved in an individual case as 28.24 designated by other members performing case consultation. 28.25 Sec. 24. Minnesota Statutes 1996, section 626.559, 28.26 subdivision 5, is amended to read: 28.27 Subd. 5. [TRAININGREVENUE.] The commissioner of human 28.28 services shall add the following funds to the funds appropriated 28.29 under section 626.5591, subdivision 2, to develop and support 28.30 training: 28.31 (a) The commissioner of human services shall submit claims 28.32 for federal reimbursement earned through the activities and 28.33 services supported through department of human services child 28.34 protection or child welfare training funds. Federal revenue 28.35 earned must be used to improve and expand training services by 28.36 the department. The department expenditures eligible for 29.1 federal reimbursement under this section must not be made from 29.2 federal funds or funds used to match other federal funds. 29.3 (b) Each year, the commissioner of human services shall 29.4 withhold from funds distributed to each county under Minnesota 29.5 Rules, parts 9550.0300 to 9550.0370, an amount equivalent to 1.5 29.6 percent of each county's annual Title XX allocation under 29.7 section 256E.07. The commissioner must use these funds to 29.8 ensure decentralization of training. 29.9 (c) The federal revenueearnedunder this subdivision is 29.10 available for these purposes until the funds are expended. 29.11 Sec. 25. [TRANSFER TO COMMISSIONER OF CHILDREN, FAMILIES, 29.12 AND LEARNING.] 29.13 Effective July 1, 1997, all duties and funding related to 29.14 family visitation centers under Minnesota Statutes, section 29.15 256F.09, are transferred to the commissioner of children, 29.16 families, and learning. In the next edition of Minnesota 29.17 Statutes, the revisor of statutes shall renumber Minnesota 29.18 Statutes, section 256F.09, in Minnesota Statutes, chapter 119A. 29.19 Sec. 26. [EVALUATION REPORT REQUIRED.] 29.20 The commissioner shall report the results of the evaluation 29.21 required under section 5 to the chairs of the house of 29.22 representatives and senate health and human services policy 29.23 committees by January 1, 1999. 29.24 Sec. 27. [APPROPRIATIONS.] 29.25 $....... is appropriated from the state government special 29.26 revenue fund to the commissioner of children, families, and 29.27 learning for supervised visitation facilities under Minnesota 29.28 Statutes, sections 256F.09, and 517.08, subdivision 1c; 29.29 $....... is available for the fiscal year beginning July 1, 29.30 1997, and $....... is available for the fiscal year beginning 29.31 July 1, 1998. Any unencumbered balance remaining in the first 29.32 year does not cancel and is available for the second year of the 29.33 biennium.