SF 296

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/26/2021 09:02am

A bill for an act
relating to human services; establishing a parenting with a disability support
services pilot project; requiring a report; appropriating money.

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

Section 1. new text begin PARENTING WITH A DISABILITY; SUPPORT SERVICES; PILOT
PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The commissioner of human services shall establish a pilot
project to provide assistance with childrearing tasks to parents who are eligible for personal
care assistance services under Minnesota Statutes, section 256B.0659, or for services and
supports provided through community first services and supports under Minnesota Statutes,
section 256B.85. The purpose of this pilot project is to assist a parent with a disability in
childrearing tasks and to prevent removal of a child from a parent because the parent has a
disability.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, in addition to the definitions
in Minnesota Statutes, section 256B.0659, subdivision 1, applying with respect to the
personal care assistance program and the definitions in Minnesota Statutes, section 256B.85,
subdivision 2, applying with respect to community first services and supports, the following
terms have the meanings given them in this subdivision.
new text end

new text begin (b) "Adaptive parenting equipment" means a piece of equipment that increases, extends,
or improves the parenting capabilities of a parent with a disability.
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new text begin (c) "Child" means a person under 12 years of age.
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new text begin (d) "Childrearing task" means a task that assists a parent with a disability to care for a
child. Childrearing task includes, but is not limited to: lifting and carrying the child,
organizing supplies for the child, preparing meals for the child, washing clothing and bedding
for the child, bathing the child, childproofing the home that the parent and child live in, and
assisting with transporting the child.
new text end

new text begin (e) "Commissioner" means the commissioner of human services.
new text end

new text begin (f) "Parent" means a child's biological, foster, or adoptive parent or legal guardian who
is legally obligated to care for and support that child.
new text end

new text begin (g) "Person with a disability" means an individual who has a physical, mental, or
psychological impairment or dysfunction that limits independent functioning in the family,
community, or employment.
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new text begin (h) "Personal care assistant" or "PCA" also means support worker.
new text end

new text begin (i) "Personal care assistance services" also means the services and supports provided
through community first services and supports.
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new text begin (j) "Supportive parenting assistant" or "SPA" means an individual providing supportive
parenting services who is also a personal care assistant.
new text end

new text begin (k) "Supportive parenting service" means a state-funded service that (1) helps a parent
with a disability compensate for aspects of the parent's disability that affect the parent's
ability to care for the child, and (2) enables the parent to complete parental responsibilities,
including childrearing tasks. Supportive parenting service does not include disciplining the
parent's child.
new text end

new text begin Subd. 3. new text end

new text begin Supportive parenting services; covered services. new text end

new text begin (a) If a parent is eligible
for and receiving personal care assistance services, the parent is eligible to receive supportive
parenting services under this section. A parent must use one supportive parenting assistant
under this section at a time, regardless of the parent's number of children. Supportive
parenting services provided under this section are services for the parent and not the child.
new text end

new text begin (b) An SPA providing supportive parenting services under this section must not perform
personal care assistance services while scheduled to provide supportive parenting services.
A PCA providing personal care assistance services must not perform supportive parenting
services while scheduled to provide personal care assistance services. A PCA providing
personal care assistance services and an SPA providing supportive parenting services may
be scheduled to support the parent at the same time. The same individual may provide
personal care assistance services and supportive parenting assistance to a parent provided
the requirements of this paragraph are met. Supportive parenting services under this section
do not count toward a PCA's 310 hours per-month limit on providing personal care assistance
services under Minnesota Statutes, section 256B.0659, subdivision 11, paragraph (a), clause
(10).
new text end

new text begin (c) Supportive parenting services under this section must not replace personal care
assistance services.
new text end

new text begin (d) A parent's supportive parenting services shall be limited to 40 hours per month.
new text end

new text begin Subd. 4. new text end

new text begin Adaptive parenting equipment. new text end

new text begin A parent eligible for supportive parenting
services under subdivision 3 is also eligible to receive adaptive parenting equipment. The
commissioner shall develop a process for a parent to apply for adaptive parenting equipment.
The process shall include an evaluation of the parent's adaptive parenting equipment needs.
Adaptive parenting equipment reimbursed under this section shall only cover items not
covered by medical assistance. The items must be the least costly item to meet the parent's
need.
new text end

new text begin Subd. 5. new text end

new text begin Grants. new text end

new text begin (a) The commissioner shall develop an application process for and
award two-year state-funded grants to personal care assistance provider agencies to provide
supportive parenting services as described in subdivision 3. A grant applicant must be a
personal care assistance provider agency.
new text end

new text begin (b) The grantee shall bill the department on forms provided by and in a manner prescribed
by the commissioner. The commissioner shall pay a provider under this section at the same
rates paid for personal care assistance services.
new text end

new text begin Subd. 6. new text end

new text begin Advisory Committee. new text end

new text begin (a) The Parenting with a Disability Advisory Committee
shall consist, at a minimum, of the following members:
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new text begin (1) four public members, as defined in Minnesota Statutes, section 645.44, subdivision
5a. The public members shall be either parents with disabilities or caregivers to such persons,
appointed by the commissioner of human services;
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new text begin (2) two members who are personal care assistance providers, appointed by the
commissioner of human services;
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new text begin (3) two members of the senate, one member appointed by the senate majority leader and
one member appointed by the senate minority leader;
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new text begin (4) two members of the house of representatives, one member appointed by the speaker
of the house and one member appointed by the house of representatives minority leader;
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new text begin (5) one member representing child protection professionals, appointed by the
commissioner of human services; and
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new text begin (6) one member representing child welfare professionals, appointed by the commissioner
of human services.
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new text begin (b) The committee shall elect a chair from among its members.
new text end

new text begin (c) A committee member may not vote on a decision of the committee in which the
member has either a direct or indirect personal financial interest.
new text end

new text begin (d) The advisory committee duties shall, at a minimum, include:
new text end

new text begin (1) advising the commissioner regarding methods to expand and improve the efficiency
of services for parents with a disability;
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new text begin (2) assisting with the report required in section 2, including proposing legislative changes;
and
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new text begin (3) developing standards and training requirements for supportive parenting assistants.
new text end

new text begin (e) Minnesota Statutes, section 15.059, subdivisions 1, 3, and 5, apply to public members
of the committee.
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new text begin (f) The commissioner of human services shall make appointments by July 31, 2021.
new text end

new text begin (g) The commissioner of human services or a designee shall convene the first meeting
of the committee by September 1, 2021.
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new text begin (h) The committee shall expire on February 15, 2023, or upon submission of the study
required in section 2, whichever is earlier.
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new text begin Subd. 7. new text end

new text begin Appropriation. new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund
to the commissioner of human services to pay for the costs of establishing and administering
the pilot project under this section including the study required under section 2. This is a
onetime appropriation. The unencumbered balance in the first year does not cancel but is
available the second year.
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Sec. 2. new text begin DIRECTION TO THE COMMISSIONER; STUDY OF SUPPORTIVE
PARENTING SERVICES.
new text end

new text begin The commissioner shall study the feasibility of providing supportive parenting services
to parents with disabilities and disabling conditions and submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services by February 15, 2023. The report must contain at a minimum:
new text end

new text begin (1) the total number of parents that were provided services through the pilot project;
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new text begin (2) the total cost of developing the services provided under the pilot project;
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new text begin (3) legislative recommendations on expansion or continuation of the pilot project; and
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new text begin (4) draft legislative language.
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