4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; defining interpretive 1.3 guidelines; changing licensing requirements and 1.4 reconsideration for foster care; assessing fines; 1.5 adding provisions for drop-in child care programs; 1.6 changing a definition; adding provisions for the 1.7 Minnesota family preservation act; expanding 1.8 eligibility for Indian child welfare grants; amending 1.9 Minnesota Statutes 1994, sections 14.03, subdivision 1.10 3; 245A.02, by adding a subdivision; 245A.03, 1.11 subdivision 2a; 245A.04, subdivisions 3, 3b, 7, and 9; 1.12 245A.06, subdivisions 2 and 4, and by adding a 1.13 subdivision; 245A.07, subdivision 3; 245A.09, by 1.14 adding subdivisions; 245A.14, subdivision 6; 256.12, 1.15 subdivision 14; 256.8711; 256D.02, subdivision 5; 1.16 256F.01; 256F.02; 256F.03, subdivision 5, and by 1.17 adding a subdivision; 256F.04, subdivisions 1 and 2; 1.18 256F.05, subdivisions 2, 3, 4, 5, 7, 8, and by adding 1.19 a subdivision; 256F.06, subdivisions 1, 2, and 4; 1.20 257.3571, subdivision 1; 257.3572; and 257.3577, 1.21 subdivisions 1, 2, and by adding a subdivision; 1.22 proposing coding for new law in Minnesota Statutes, 1.23 chapter 245A; repealing Minnesota Statutes 1994, 1.24 sections 256F.05, subdivisions 2a and 4a; and 256F.06, 1.25 subdivision 3. 1.26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.27 Section 1. Minnesota Statutes 1994, section 14.03, 1.28 subdivision 3, is amended to read: 1.29 Subd. 3. [RULEMAKING PROCEDURES.] The definition of a rule 1.30 in section 14.02, subdivision 4, does not include: 1.31 (1) rules concerning only the internal management of the 1.32 agency or other agencies that do not directly affect the rights 1.33 of or procedures available to the public; 1.34 (2) rules of the commissioner of corrections relating to 1.35 the placement and supervision of inmates serving a supervised 2.1 release term, the internal management of institutions under the 2.2 commissioner's control, and rules adopted under section 609.105 2.3 governing the inmates of those institutions; 2.4 (3) rules relating to weight limitations on the use of 2.5 highways when the substance of the rules is indicated to the 2.6 public by means of signs; 2.7 (4) opinions of the attorney general; 2.8 (5) the systems architecture plan and long-range plan of 2.9 the state education management information system provided by 2.10 section 121.931; 2.11 (6) the data element dictionary and the annual data 2.12 acquisition calendar of the department of education to the 2.13 extent provided by section 121.932; 2.14 (7) the occupational safety and health standards provided 2.15 in section 182.655; 2.16 (8) revenue notices and tax information bulletins of the 2.17 commissioner of revenue;or2.18 (9) uniform conveyancing forms adopted by the commissioner 2.19 of commerce under section 507.09; or 2.20 (10) the interpretive guidelines developed by the 2.21 commissioner of human services to the extent provided in chapter 2.22 245A. 2.23 Sec. 2. Minnesota Statutes 1994, section 245A.02, is 2.24 amended by adding a subdivision to read: 2.25 Subd. 7b. [INTERPRETIVE GUIDELINES.] "Interpretive 2.26 guidelines" means a policy statement that has been published 2.27 pursuant to section 245A.09, subdivision 12, and which provides 2.28 interpretation, details, or supplementary information concerning 2.29 the application of laws or rules. Interpretive guidelines are 2.30 published for the information and guidance of consumers, 2.31 providers of service, county agencies, the department of human 2.32 services, and others concerned. 2.33 Sec. 3. Minnesota Statutes 1994, section 245A.03, 2.34 subdivision 2a, is amended to read: 2.35 Subd. 2a. [LICENSING OFFOSTER CARE BY AN INDIVIDUAL WHO 2.36 IS RELATED TO A CHILD; LICENSE REQUIRED.] Notwithstanding 3.1 subdivision 2, clause (1),the commissioner must license or3.2approve an individual who is related to a childin order to 3.3 provide foster care forthata child, an individual who is 3.4 related to the child, other than a parent or legal guardian, 3.5 must be licensed by the commissioner except as provided by 3.6 section 245A.035.The commissioner may issue the license or3.7approval retroactive to the date the child was placed in the3.8applicant's home, so long as no more than 90 days have elapsed3.9since the placement. If more than 90 days have elapsed since3.10the placement, the commissioner may issue the license or3.11approval retroactive 90 days. The granting of a license or3.12approval to an individual who is related to a child shall be3.13according to standards set forth by foster care rule. The3.14commissioner shall consider the importance of maintaining the3.15child's relationship to family as an additional significant3.16factor in determining whether to set aside a licensing3.17disqualifier under section 245A.04, subdivision 3b, or to grant3.18a variance of licensing requirements under section 245A.04,3.19subdivision 9, in licensing or approving an individual related3.20to a child.3.21 Sec. 4. [245A.035] [RELATIVE FOSTER CARE; EMERGENCY 3.22 LICENSE.] 3.23 Subdivision 1. [GRANT OF EMERGENCY LICENSE.] 3.24 Notwithstanding section 245A.03, subdivision 2a, a county agency 3.25 may place a child for foster care with a relative who is not 3.26 licensed to provide foster care, provided the requirements of 3.27 subdivision 2 are met. As used in this section, the term 3.28 "relative" has the meaning given it under section 260.181, 3.29 subdivision 3. 3.30 Subd. 2. [COOPERATION WITH EMERGENCY LICENSING PROCESS.] 3.31 (a) A county agency that places a child with a relative who is 3.32 not licensed to provide foster care must begin the process of 3.33 securing an emergency license for the relative as soon as 3.34 possible and must conduct the initial inspection required by 3.35 subdivision 3, clause (1), whenever possible, prior to placing 3.36 the child in the relative's home, but no later than three 4.1 working days after placing the child in the home. A child 4.2 placed in the home of a relative who is not licensed to provide 4.3 foster care must be removed from that home if the relative fails 4.4 to cooperate with the county agency in securing an emergency 4.5 foster care license. The commissioner may only issue an 4.6 emergency foster care license to a relative with whom the county 4.7 agency wishes to place or has placed a child for foster care. 4.8 (b) If a child is to be placed in the home of a relative 4.9 not licensed to provide foster care, either the placing agency 4.10 or the county agency in the county in which the relative lives 4.11 shall conduct the emergency licensing process as required in 4.12 this section. 4.13 Subd. 3. [REQUIREMENTS FOR EMERGENCY LICENSE.] Before an 4.14 emergency license may be issued, the following requirements must 4.15 be met: 4.16 (1) the county agency must conduct an initial inspection of 4.17 the premises where the foster care is to be provided to ensure 4.18 the health and safety of any child placed in the home. The 4.19 county agency shall conduct the inspection using a form 4.20 developed by the commissioner; 4.21 (2) at the time of the inspection or placement, whichever 4.22 is earlier, the relative being considered for an emergency 4.23 license shall receive an application form for a child foster 4.24 care license; and 4.25 (3) whenever possible, prior to placing the child in the 4.26 relative's home, the relative being considered for an emergency 4.27 license shall provide the information required by section 4.28 245A.04, subdivision 3, paragraph (b). 4.29 Subd. 4. [APPLICANT STUDY.] When the county agency has 4.30 received the information required by section 245A.04, 4.31 subdivision 3, paragraph (b), the county agency shall begin an 4.32 applicant study according to the procedures in section 245A.04, 4.33 subdivision 3. The commissioner may issue an emergency license 4.34 upon recommendation of the county agency once the initial 4.35 inspection has been successfully completed and the information 4.36 necessary to begin the applicant background study has been 5.1 provided. If the county agency does not recommend that the 5.2 emergency license be granted, the agency shall notify the 5.3 relative in writing that the agency is recommending denial to 5.4 the commissioner; shall remove any child who has been placed in 5.5 the home prior to licensure; and shall inform the relative in 5.6 writing of the procedure to request review pursuant to 5.7 subdivision 6. An emergency license shall be effective until a 5.8 child foster care license is granted or denied, but shall in no 5.9 case remain in effect more than 90 days from the date of 5.10 placement. 5.11 Subd. 5. [CHILD FOSTER CARE LICENSE APPLICATION.] The 5.12 emergency license holder shall complete the child foster care 5.13 license application and necessary paperwork within ten days of 5.14 the placement. The county agency shall assist the emergency 5.15 license holder to complete the application. The granting of a 5.16 child foster care license to a relative shall be under the 5.17 procedures in this chapter and according to the standards set 5.18 forth by foster care rule. In licensing a relative, the 5.19 commissioner shall consider the importance of maintaining the 5.20 child's relationship with relatives as an additional significant 5.21 factor in determining whether to set aside a licensing 5.22 disqualifier under section 245A.04, subdivision 3b, or to grant 5.23 a variance of licensing requirements under section 245A.04, 5.24 subdivision 9. 5.25 Subd. 6. [DENIAL OF EMERGENCY LICENSE.] Denial of an 5.26 emergency license is not subject to appeal under chapter 14. 5.27 The relative may request a review of the denial by submitting to 5.28 the commissioner a written statement of the reasons an emergency 5.29 license should be granted. The commissioner shall evaluate the 5.30 request for review and determine whether to grant the emergency 5.31 license. The commissioner's review shall be based on a review 5.32 of the records submitted by the county agency and the relative. 5.33 Within 15 working days of the receipt of the request for review, 5.34 the commissioner shall notify the relative requesting review 5.35 whether the emergency license will be granted. The decision of 5.36 the commissioner is the final administrative agency action. A 6.1 child shall not be placed or remain placed in the relative's 6.2 home while the request for review is pending. Denial of an 6.3 emergency license shall not preclude an individual from 6.4 reapplying for an emergency license or from applying for a child 6.5 foster care license. 6.6 Sec. 5. Minnesota Statutes 1994, section 245A.04, 6.7 subdivision 3, is amended to read: 6.8 Subd. 3. [STUDY OF THE APPLICANT.] (a) Before the 6.9 commissioner issues a license, the commissioner shall conduct a 6.10 study of the individuals specified in clauses (1) to (4) 6.11 according to rules of the commissioner. The applicant, license 6.12 holder, the bureau of criminal apprehension, and county 6.13 agencies, after written notice to the individual who is the 6.14 subject of the study, shall help with the study by giving the 6.15 commissioner criminal conviction data and reports about abuse or 6.16 neglect of adults in licensed programs substantiated under 6.17 section 626.557 and the maltreatment of minors in licensed 6.18 programs substantiated under section 626.556. The individuals 6.19 to be studied shall include: 6.20 (1) the applicant; 6.21 (2) persons over the age of 13 living in the household 6.22 where the licensed program will be provided; 6.23 (3) current employees or contractors of the applicant who 6.24 will have direct contact with persons served by the program; and 6.25 (4) volunteers who have direct contact with persons served 6.26 by the program to provide program services, if the contact is 6.27 not directly supervised by the individuals listed in clause (1) 6.28 or (3). 6.29 The juvenile courts shall also help with the study by 6.30 giving the commissioner existing juvenile court records on 6.31 individuals described in clause (2) relating to delinquency 6.32 proceedings held within either the five years immediately 6.33 preceding the application or the five years immediately 6.34 preceding the individual's 18th birthday, whichever time period 6.35 is longer. The commissioner shall destroy juvenile records 6.36 obtained pursuant to this subdivision when the subject of the 7.1 records reaches age 23. 7.2 For purposes of this section and Minnesota Rules, part 7.3 9543.3070, a finding that a delinquency petition is proven in 7.4 juvenile court shall be considered a conviction in state 7.5 district court. 7.6 For purposes of this subdivision, "direct contact" means 7.7 providing face-to-face care, training, supervision, counseling, 7.8 consultation, or medication assistance to persons served by a 7.9 program. For purposes of this subdivision, "directly supervised" 7.10 means an individual listed in clause (1) or (3) is within sight 7.11 or hearing of a volunteer to the extent that the individual 7.12 listed in clause (1) or (3) is capable at all times of 7.13 intervening to protect the health and safety of the persons 7.14 served by the program who have direct contact with the volunteer. 7.15 A study of an individual in clauses (1) to (4) shall be 7.16 conducted at least upon application for initial license and 7.17 reapplication for a license. No applicant, license holder, or 7.18 individual who is the subject of the study shall pay any fees 7.19 required to conduct the study. 7.20 (b) The individual who is the subject of the study must 7.21 provide the applicant or license holder with sufficient 7.22 information to ensure an accurate study including the 7.23 individual's first, middle, and last name; home address, city, 7.24 county, and state of residence; zip code; sex; date of birth; 7.25 and driver's license number. The applicant or license holder 7.26 shall provide this information about an individual in paragraph 7.27 (a), clauses (1) to (4), on forms prescribed by the 7.28 commissioner. The commissioner may request additional 7.29 information of the individual, which shall be optional for the 7.30 individual to provide, such as the individual's social security 7.31 number or race. 7.32 (c) Except for child foster care, adult foster care, and 7.33 family day care homes, a study must include information from the 7.34 county agency's record of substantiated abuse or neglect of 7.35 adults in licensed programs, and the maltreatment of minors in 7.36 licensed programs, information from juvenile courts as required 8.1 in paragraph (a) for persons listed in paragraph (a), clause 8.2 (2), and information from the bureau of criminal apprehension. 8.3 For child foster care, adult foster care, and family day care 8.4 homes, the study must include information from the county 8.5 agency's record of substantiated abuse or neglect of adults, and 8.6 the maltreatment of minors, information from juvenile courts as 8.7 required in paragraph (a) for persons listed in paragraph (a), 8.8 clause (2), and information from the bureau of criminal 8.9 apprehension. The commissioner may also review arrest and 8.10 investigative information from the bureau of criminal 8.11 apprehension, a county attorney, county sheriff, county agency, 8.12 local chief of police, other states, the courts, or a national 8.13 criminal record repository if the commissioner has reasonable 8.14 cause to believe the information is pertinent to the 8.15 disqualification of an individual listed in paragraph (a), 8.16 clauses (1) to (4). The commissioner is not required to conduct 8.17 more than one review of a subject's records from the national 8.18 criminal record repository if a review of the subject's criminal 8.19 history with the national criminal record repository has already 8.20 been completed by the commissioner and there has been no break 8.21 in the subject's affiliation with the licenseholder who 8.22 initiated the background studies. 8.23 (d) An applicant's or license holder's failure or refusal 8.24 to cooperate with the commissioner is reasonable cause to deny 8.25 an application or immediately suspend, suspend, or revoke a 8.26 license. Failure or refusal of an individual to cooperate with 8.27 the study is just cause for denying or terminating employment of 8.28 the individual if the individual's failure or refusal to 8.29 cooperate could cause the applicant's application to be denied 8.30 or the license holder's license to be immediately suspended, 8.31 suspended, or revoked. 8.32 (e) The commissioner shall not consider an application to 8.33 be complete until all of the information required to be provided 8.34 under this subdivision has been received. 8.35 (f) No person in paragraph (a), clause (1), (2), (3), or 8.36 (4) who is disqualified as a result of this section may be 9.1 retained by the agency in a position involving direct contact 9.2 with persons served by the program. 9.3 (g) Termination of persons in paragraph (a), clause (1), 9.4 (2), (3), or (4) made in good faith reliance on a notice of 9.5 disqualification provided by the commissioner shall not subject 9.6 the applicant or license holder to civil liability. 9.7 (h) The commissioner may establish records to fulfill the 9.8 requirements of this section. 9.9 (i) The commissioner may not disqualify an individual 9.10 subject to a study under this section because that person has, 9.11 or has had, a mental illness as defined in section 245.462, 9.12 subdivision 20. 9.13 (j) An individual who is subject to an applicant background 9.14 study under this section and whose disqualification in 9.15 connection with a license would be subject to the limitations on 9.16 reconsideration set forth in subdivision 3b, paragraph (c), 9.17 shall be disqualified for conviction of the crimes specified in 9.18 the manner specified in subdivision 3b, paragraph (c). The 9.19 commissioner of human services shall amend Minnesota Rules, part 9.20 9543.3070, to conform to this section. 9.21 Sec. 6. Minnesota Statutes 1994, section 245A.04, 9.22 subdivision 3b, is amended to read: 9.23 Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) 9.24 Within 30 days after receiving notice of disqualification under 9.25 subdivision 3a, the individual who is the subject of the study 9.26 may request reconsideration of the notice of disqualification. 9.27 The individual must submit the request for reconsideration to 9.28 the commissioner in writing. The individual must present 9.29 information to show that: 9.30 (1) the information the commissioner relied upon is 9.31 incorrect; or 9.32 (2) the subject of the study does not pose a risk of harm 9.33 to any person served by the applicant or license holder. 9.34 (b) The commissioner may set aside the disqualification if 9.35 the commissioner finds that the information the commissioner 9.36 relied upon is incorrect or the individual does not pose a risk 10.1 of harm to any person served by the applicant or license 10.2 holder. The commissioner shall review the consequences of the 10.3 event or events that could lead to disqualification, whether 10.4 there is more than one disqualifying event, the vulnerability of 10.5 the victim at the time of the event, the time elapsed without a 10.6 repeat of the same or similar event, and documentation of 10.7 successful completion by the individual studied of training or 10.8 rehabilitation pertinent to the event. In reviewing a 10.9 disqualification, the commissioner shall give preeminent weight 10.10 to the safety of each person to be served by the license holder 10.11 or applicant over the interests of the license holder or 10.12 applicant. 10.13 (c) Unless the information the commissioner relied on in 10.14 disqualifying an individual is incorrect, the commissioner may 10.15 not set aside the disqualification of an individual in 10.16 connection with a license to provide family day care for 10.17 children, foster care for children in the provider's own home, 10.18 or foster care or day care services for adults in the provider's 10.19 own home if: 10.20 (1) less than ten years have passed since the discharge of 10.21 the sentence imposed for the offense; and the individual has 10.22 been convicted of a violation of any offense listed in section 10.23 609.20 (manslaughter in the first degree), 609.205 (manslaughter 10.24 in the second degree), 609.21 (criminal vehicular homicide), 10.25 609.215 (aiding suicide or aiding attempted suicide), 609.221 to 10.26 609.2231 (felony violations of assault in the first, second, 10.27 third, or fourth degree), 609.713 (terroristic threats), 609.235 10.28 (use of drugs to injure or to facilitate crime), 609.24 (simple 10.29 robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 10.30 609.255 (false imprisonment), 609.561 or 609.562 (arson in the 10.31 first or second degree), 609.71 (riot), 609.582 (burglary in the 10.32 first or second degree), 609.66 (reckless use of a gun or 10.33 dangerous weapon or intentionally pointing a gun at or towards a 10.34 human being), 609.665 (setting a spring gun), 609.67 (unlawfully 10.35 owning, possessing, or operating a machine gun), 609.749 10.36 (stalking), 152.021 or 152.022 (controlled substance crime in 11.1 the first or second degree), 152.023, subdivision 1, clause (3) 11.2 or (4), or subdivision 2, clause (4) (controlled substance crime 11.3 in the third degree), 152.024, subdivision 1, clause (2), (3), 11.4 or (4) (controlled substance crime in the fourth degree), 11.5 609.228 (great bodily harm caused by distribution of drugs), 11.6 609.23 (mistreatment of persons confined), 609.231 (mistreatment 11.7 of residents or patients), 609.265 (abduction), 609.2664 to 11.8 609.2665 (manslaughter of an unborn child in the first or second 11.9 degree), 609.267 to 609.2672 (assault of an unborn child in the 11.10 first, second, or third degree), 609.268 (injury or death of an 11.11 unborn child in the commission of a crime), 617.293 11.12 (disseminating or displaying harmful material to minors), 11.13 609.378 (neglect or endangerment of a child), 609.377 (a gross 11.14 misdemeanor offense of malicious punishment of a child); or an 11.15 attempt or conspiracy to commit any of these offenses, as each 11.16 of these offenses is defined in Minnesota Statutes; or an 11.17 offense in any other state, the elements of which are 11.18 substantially similar to the elements of any of the foregoing 11.19 offenses; 11.20 (2) regardless of how much time has passed since the 11.21 discharge of the sentence imposed for the offense, the 11.22 individual was convicted of a violation of any offense listed in 11.23 sections 609.185 to 609.195 (murder in the first, second, or 11.24 third degree), 609.2661 to 609.2663 (murder of an unborn child 11.25 in the first, second, or third degree), 609.377 (a felony 11.26 offense of malicious punishment of a child), 609.322 11.27 (soliciting, inducement, or promotion of prostitution), 609.323 11.28 (receiving profit derived from prostitution), 609.342 to 609.345 11.29 (criminal sexual conduct in the first, second, third, or fourth 11.30 degree), 609.352 (solicitation of children to engage in sexual 11.31 conduct), 617.246 (use of minors in a sexual performance), 11.32 617.247 (possession of pictorial representations of a minor), 11.33 609.365 (incest), or an attempt or conspiracy to commit any of 11.34 these offenses as defined in Minnesota Statutes, or an offense 11.35 in any other state, the elements of which are substantially 11.36 similar to any of the foregoing offenses; 12.1 (3) within the seven years preceding the study, the 12.2 individual committed an act that constitutes maltreatment of a 12.3 child under section 626.556, subdivision 10e, and that resulted 12.4 in substantial bodily harm as defined in section 609.02, 12.5 subdivision 7a, or substantial mental or emotional harm as 12.6 supported by competent psychological or psychiatric evidence; or 12.7 (4) within the seven years preceding the study, the 12.8 individual was determined under section 626.557 to be the 12.9 perpetrator of a substantiated incident of abuse of a vulnerable 12.10 adult that resulted in substantial bodily harm as defined in 12.11 section 609.02, subdivision 7a, or substantial mental or 12.12 emotional harm as supported by competent psychological or 12.13 psychiatric evidence. 12.14 In the case of any ground for disqualification under 12.15 clauses (1) to (4), if the act was committed by an individual 12.16 other than the applicant or license holder residing in the 12.17 applicant's or license holder's home, the applicant or license 12.18 holder may seek reconsideration when the individual who 12.19 committed the act no longer resides in the home. 12.20 The disqualification periods provided under clauses (1), 12.21 (3), and (4) are the minimum applicable disqualification 12.22 periods. The commissioner may determine that an individual 12.23 should continue to be disqualified from licensure because the 12.24 license holder or applicant poses a risk of harm to a person 12.25 served by that individual after the minimum disqualification 12.26 period has passed. 12.27 (d) The commissioner shall respond in writing to all 12.28 reconsideration requests within 15 working days after receiving 12.29 the request for reconsideration. If the disqualification is set 12.30 aside, the commissioner shall notify the applicant or license 12.31 holder in writing of the decision. 12.32 (e) Except as provided in subdivision 3c, the 12.33 commissioner's decision to disqualify an individual, including 12.34 the decision to grant or deny a reconsideration of 12.35 disqualification under this subdivision, or to set aside or 12.36 uphold the results of the study under subdivision 3, is the 13.1 final administrative agency action and shall not be subject to 13.2 further review in a contested case under chapter 14 involving a 13.3 negative licensing action taken in response to the 13.4 disqualification. 13.5 Sec. 7. Minnesota Statutes 1994, section 245A.04, 13.6 subdivision 7, is amended to read: 13.7 Subd. 7. [ISSUANCE OF A LICENSE; PROVISIONAL LICENSE.] (a) 13.8 If the commissioner determines that the program complies with 13.9 all applicable rules and laws, the commissioner shall issue a 13.10 license. At minimum, the license shall state: 13.11 (1) the name of the license holder; 13.12 (2) the address of the program; 13.13 (3) the effective date and expiration date of the license; 13.14 (4) the type of license; 13.15 (5) the maximum number and ages of persons that may receive 13.16 services from the program; and 13.17 (6) any special conditions of licensure. 13.18 (b) The commissioner may issue a provisional license for a 13.19 period not to exceed one year if: 13.20 (1) the commissioner is unable to conduct the evaluation or 13.21 observation required by subdivision 4, paragraph (a), clauses (3) 13.22 and (4), because the program is not yet operational; 13.23 (2) certain records and documents are not available because 13.24 persons are not yet receiving services from the program; and 13.25 (3) the applicant complies with applicable laws and rules 13.26 in all other respects. 13.27 A provisional license must not be issued except at the time that 13.28 a license is first issued to an applicant. 13.29 (c) A decision by the commissioner to issue a license does 13.30 not guarantee that any person or persons will be placed or cared 13.31 for in the licensed program. A license shall not be 13.32 transferable to another individual, corporation, partnership, 13.33 voluntary association, other organization, or controlling 13.34 individual, or to another location. Unless otherwise specified 13.35 by statute, all licenses expire at 12:01 a.m. on the day after 13.36 the expiration date stated on the license. A license holder 14.1 must apply for and be granted a new license to operate the 14.2 program or the program must not be operated after the expiration 14.3 date. 14.4 Sec. 8. Minnesota Statutes 1994, section 245A.04, 14.5 subdivision 9, is amended to read: 14.6 Subd. 9. [VARIANCES.] The commissioner may grant variances 14.7 to rules that do not affect the health or safety of persons in a 14.8 licensed program if the following conditions are met: 14.9 (1) the variance must be requested by an applicant or 14.10 license holder on a form and in a manner prescribed by the 14.11 commissioner; 14.12 (2) the request for a variance must include the reasons 14.13 that the applicant or license holder cannot comply with a 14.14 requirement as stated in the rule and the alternative equivalent 14.15 measures that the applicant or license holder will follow to 14.16 comply with the intent of the rule; and 14.17 (3) the request must state the period of time for which the 14.18 variance is requested. 14.19 The commissioner may grant a permanent variance when 14.20 conditions under which the variance is requested do not affect 14.21 the health or safety of persons being served by the licensed 14.22 program, nor compromise the qualifications of staff to provide 14.23 services. The permanent variance shall expire as soon as the 14.24 conditions that warranted the variance are modified in any way. 14.25 Any applicant or license holder must inform the commissioner of 14.26 any changes or modifications that have occurred in the 14.27 conditions that warranted the permanent variance. Failure to 14.28 advise the commissioner shall result in revocation of the 14.29 permanent variance and may be cause for other sanctions under 14.30 sections 245A.06 and 245A.07. 14.31 The commissioner's decision to grant or deny a variance 14.32 request is final and not subject to appeal under the provisions 14.33 of chapter 14. 14.34 Sec. 9. Minnesota Statutes 1994, section 245A.06, 14.35 subdivision 2, is amended to read: 14.36 Subd. 2. [RECONSIDERATION OF CORRECTION ORDERS.] If the 15.1 applicant or license holder believes that the contents of the 15.2 commissioner's correction order are in error, the applicant or 15.3 license holder may ask the department of human services to 15.4 reconsider the parts of the correction order that are alleged to 15.5 be in error. The request for reconsideration must be in 15.6 writing, delivered by certified mailand received by the 15.7 commissioner within 20 calendar days after receipt of the 15.8 correction order by the applicant or license holder, and: 15.9 (1) specify the parts of the correction order that are 15.10 alleged to be in error; 15.11 (2) explain why they are in error; and 15.12 (3) include documentation to support the allegation of 15.13 error. 15.14 A request for reconsideration does not stay any provisions 15.15 or requirements of the correction order. The commissioner's 15.16 disposition of a request for reconsideration is final and not 15.17 subject to appeal under chapter 14. 15.18 Sec. 10. Minnesota Statutes 1994, section 245A.06, 15.19 subdivision 4, is amended to read: 15.20 Subd. 4. [NOTICE OF FINE; APPEAL.] A license holder who is 15.21 ordered to pay a fine must be notified of the order by certified 15.22 mail. The notice must be mailed to the address shown on the 15.23 application or the last known address of the license holder. 15.24 The notice must state the reasons the fine was ordered and must 15.25 inform the license holder of the responsibility for payment of 15.26 fines in subdivision 7 and the right to a contested case hearing 15.27 under chapter 14. The license holder may appeal the order to 15.28 forfeit a fine by notifying the commissioner by certified mail 15.29 within 15 calendar days after receiving the order. A timely 15.30 appeal shall stay forfeiture of the fine until the commissioner 15.31 issues a final order under section 245A.08, subdivision 5. 15.32 Sec. 11. Minnesota Statutes 1994, section 245A.06, is 15.33 amended by adding a subdivision to read: 15.34 Subd. 7. [RESPONSIBILITY FOR PAYMENT OF FINES.] When a 15.35 fine has been assessed, the license holder may not avoid payment 15.36 by closing, selling, or otherwise transferring the licensed 16.1 program to a third party. In such an event, the license holder 16.2 will be personally liable for payment. In the case of a 16.3 corporation, each controlling individual is personally and 16.4 jointly liable for payment. 16.5 Sec. 12. Minnesota Statutes 1994, section 245A.07, 16.6 subdivision 3, is amended to read: 16.7 Subd. 3. [SUSPENSION, REVOCATION, PROBATION.] The 16.8 commissioner may suspend, revoke, or make probationary a license 16.9 if a license holder fails to comply fully with applicable laws 16.10 or rules or knowingly gives false or misleading information to 16.11 the commissioner in connection with an application for a license 16.12 or during an investigation. A license holder who has had a 16.13 license suspended, revoked, or made probationary must be given 16.14 notice of the action by certified mail. The notice must be 16.15 mailed to the address shown on the application or the last known 16.16 address of the license holder. The notice must state the 16.17 reasons the license was suspended, revoked, or made probationary. 16.18 (a) If the license was suspended or revoked, the notice 16.19 must inform the license holder of the right to a contested case 16.20 hearing under chapter 14. The license holder may appeal an 16.21 order suspending or revoking a license. The appeal of an order 16.22 suspending or revoking a license must be made in writing by 16.23 certified mail and must be received by the commissioner within 16.24 ten calendar days after the license holder receives notice that 16.25 the license has been suspended or revoked. 16.26 (b) If the license was made probationary, the notice must 16.27 inform the license holder of the right to request a 16.28 reconsideration by the commissioner. The request for 16.29 reconsideration must be made in writing by certified mail and 16.30 must be received by the commissioner within ten calendar days 16.31 after the license holder receives notice that the license has 16.32 been made probationary. The license holder may submit with the 16.33 request for reconsideration written argument or evidence in 16.34 support of the request for reconsideration. The commissioner's 16.35 disposition of a request for reconsideration is final and is not 16.36 subject to appeal under chapter 14. 17.1 Sec. 13. Minnesota Statutes 1994, section 245A.09, is 17.2 amended by adding a subdivision to read: 17.3 Subd. 8. [INTERPRETIVE GUIDELINES; AUTHORITY.] The 17.4 commissioner of human services may develop and publish 17.5 interpretive guidelines. 17.6 Sec. 14. Minnesota Statutes 1994, section 245A.09, is 17.7 amended by adding a subdivision to read: 17.8 Subd. 9. [EFFECT OF INTERPRETIVE GUIDELINES.] Interpretive 17.9 guidelines do not have the force and effect of law and have no 17.10 precedential effect, but may be relied on by consumers, 17.11 providers of service, county agencies, the department of human 17.12 services, and others concerned until revoked or modified. A 17.13 guideline may be expressly revoked or modified by the 17.14 commissioner, by the issuance of another interpretive guideline, 17.15 but may not be revoked or modified retroactively to the 17.16 detriment of consumers, providers of service, county agencies, 17.17 the department of human services, or others concerned. A change 17.18 in the law or an interpretation of the law occurring after the 17.19 interpretive guidelines are issued, whether in the form of a 17.20 statute, court decision, administrative ruling, or subsequent 17.21 interpretive guideline, results in the revocation or 17.22 modification of the previously adopted guidelines to the extent 17.23 that the change affects the guidelines. 17.24 Sec. 15. Minnesota Statutes 1994, section 245A.09, is 17.25 amended by adding a subdivision to read: 17.26 Subd. 10. [RULEMAKING PROCESS; COMMISSIONER EXEMPTED.] 17.27 When developing, making, adopting, and issuing interpretive 17.28 guidelines under the authority granted under subdivision 8, the 17.29 commissioner is exempt from the rulemaking provisions of chapter 17.30 14. 17.31 Sec. 16. Minnesota Statutes 1994, section 245A.09, is 17.32 amended by adding a subdivision to read: 17.33 Subd. 11. [ISSUANCE; DISCRETION OF THE COMMISSIONER.] The 17.34 issuance of interpretive guidelines is at the discretion of the 17.35 commissioner of human services. 17.36 Sec. 17. Minnesota Statutes 1994, section 245A.09, is 18.1 amended by adding a subdivision to read: 18.2 Subd. 12. [PUBLICATION OF GUIDELINES.] The commissioner 18.3 shall publish notice of interpretive guidelines availability in 18.4 the State Register. The commissioner may publish or make 18.5 available the interpretive guidelines in any manner determined 18.6 by the commissioner, provided they are accessible to the general 18.7 public. The commissioner may charge a reasonable fee for copies 18.8 of the guidelines requested by interested parties when they are 18.9 provided by the commissioner. 18.10 Sec. 18. Minnesota Statutes 1994, section 245A.14, 18.11 subdivision 6, is amended to read: 18.12 Subd. 6. [DROP-IN CHILD CARE PROGRAMS.] (a) Except as 18.13 expressly set forth in this subdivision, drop-in child care 18.14 programs must be licensed as a drop-in program under the rules 18.15 governing child care programs operated in a center. 18.16 (b) Drop-in child care programs are exempt from the 18.17 following Minnesota Rules: 18.18 (1) part 9503.0040; 18.19 (2) part 9503.0045, subpart 1, items F and G; 18.20 (3) part 9503.0050, subpart 6, except for children less 18.21 than 2-1/2 years old; 18.22 (4) one-half the requirements of part 9503.0060, subpart 4, 18.23 item A, subitems (2), (5), and (8), subpart 5, item A, subitems 18.24 (2), (3), and (7), and subpart 6, item A, subitems (3) and (6); 18.25 (5) part 9503.0070; and 18.26 (6) part 9503.0090, subpart 2. 18.27 (c) A drop-in child care program must be operated under the 18.28 supervision of a person qualified as a director and a teacher. 18.29 (d) A drop-in child care program must have at least two 18.30 persons on staff whenever the program is operating, except that 18.31 the commissioner may permit variances from this requirement 18.32 under specified circumstances for parent cooperative programs, 18.33 as long as all other staff-to-child ratios are met. 18.34 (e) Whenever the total number of children present to be 18.35 cared for at a center is more than 20, children that are younger 18.36 than age 2-1/2 must be in a separate group. This group may 19.1 contain children up to 60 months old. This group must be cared 19.2 for in an area that is physically separated from older children. 19.3 (f) A drop-in child care program must maintain a minimum 19.4 staff ratio for children age 2-1/2 or greater of one staff 19.5 person for each ten children. 19.6 (g) If the program has additional staff who are on call as 19.7 a mandatory condition of their employment, the minimum 19.8 child-to-staff ratio may be exceeded only for children age 2-1/2 19.9 or greater, by a maximum of four children, for no more than 20 19.10 minutes while additional staff are in transit. 19.11 (h) The minimum staff-to-child ratio for infants up to 16 19.12 months of age is one staff person for every four infants. The 19.13 minimum staff-to-child ratio for children age 17 months to 30 19.14 months is one staff for every seven children. 19.15 (i) In drop-in care programs that serve both infants and 19.16 older children, children up to age 2-1/2 may be supervised by 19.17 assistant teachers, as long as other staff are present in 19.18 appropriate ratios. 19.19 (j) The minimum staff distribution pattern for a drop-in 19.20 child care program serving children age 2-1/2 or greater is: 19.21 the first staff member must be a teacher; the second, third, and 19.22 fourth staff members must have at least the qualifications of a 19.23 child care aide; the fifth staff member must have at least the 19.24 qualifications of an assistant teacher; the sixth, seventh, and 19.25 eighth staff members must have at least the qualifications of a 19.26 child care aide; and the ninth staff person must have at least 19.27 the qualifications of an assistant teacher. 19.28 (k) A drop-in child care program may care for siblings 16 19.29 months or older together in any group. For purposes of this 19.30 subdivision, sibling is defined as sister or brother, 19.31 half-sister or half-brother, or stepsister or stepbrother. 19.32 (l) The commissioner may grant a variance to any of the 19.33 requirements in paragraphs (a) to (k), as long as the health and 19.34 safety of the persons served by the program are not affected. 19.35 The request for a variance shall comply with the provisions in 19.36 section 245A.04, subdivision 9. 20.1 Sec. 19. Minnesota Statutes 1994, section 256.12, 20.2 subdivision 14, is amended to read: 20.3 Subd. 14. [DEPENDENT CHILD.] (a) "Dependent child," as 20.4 used in sections 256.72 to 256.87, means a child under the age 20.5 of 18 years, or a child under the age of 19 years who is 20.6 regularly attending as a full-time student, and is expected to 20.7 complete before reaching age 19, a high school or a secondary 20.8 level course of vocational or technical training designed to fit 20.9 students for gainful employment, who is found to be deprived of 20.10 parental support or care by reason of the death, continued 20.11 absence from the home, physical or mental incapacity of a 20.12 parent, or who is a child of an unemployed parent as that term 20.13 is defined by the commissioner of human services, such 20.14 definition to be consistent with and not to exceed minimum 20.15 standards established by the Congress of the United States and 20.16 the Secretary of Health and Human Services. When defining 20.17 "unemployed parent," the commissioner shall count up to four 20.18 calendar quarters of full-time attendance in any of the 20.19 following toward the requirement that a principal earner have 20.20 six or more quarters of work in any 13 calendar quarter period 20.21 ending within one year before application for aid to families 20.22 with dependent children: 20.23 (1) an elementary or secondary school; 20.24 (2) a federally approved vocational or technical training 20.25 course designed to prepare the parent for gainful employment; or 20.26 (3) full-time participation in an education or training 20.27 program established under the job training partnership act. 20.28 (b) Dependent child also means a child: 20.29 (1) whose relatives are liable under the law for the 20.30 child's support and are not able to provide adequate care and 20.31 support of the child; and 20.32 (2) who is living with father, mother, grandfather, 20.33 grandmother, brother, sister, stepfather, stepmother, 20.34 stepbrother, stepsister, uncle, aunt, first cousin, nephew, or 20.35 niece in a place of residence maintained by one or more of these 20.36 relatives as a home. 21.1 (c) Dependent child also means a child who has been removed 21.2 from the home of a relative after a judicial determination that 21.3 continuance in the home would be contrary to the welfare and 21.4 best interests of the child and whose care and placement in a 21.5 foster home, a different relative's home, or a private licensed 21.6 child care institution is, in accordance with the rules of the 21.7 commissioner, the responsibility of the state or county agency 21.8 under sections 256.72 to 256.87.This child is eligible for21.9benefits only through the foster care and adoption assistance21.10program contained in Title IV-E of the Social Security Act,21.11United States Code, title 42, sections 670 to 676, and is not21.12entitled to benefits under sections 256.72 to 256.87.21.13 Sec. 20. Minnesota Statutes 1994, section 256.8711, is 21.14 amended to read: 21.15 256.8711 [EMERGENCY ASSISTANCE; INTENSIVE FAMILY 21.16PRESERVATIONSERVICES.] 21.17 Subdivision 1. [SCOPE OF SERVICES.] (a) For a family 21.18 experiencing an emergency as defined in subdivision 2, and for 21.19 whom the county authorizes services under subdivision 3, 21.20 intensive familypreservationservices authorized under this 21.21 section include both intensive family preservation services and 21.22 emergency assistance placement services. 21.23 (b) For purposes of this section, intensive family 21.24 preservation services are: 21.25 (1) crisis family-based services; 21.26 (2) counseling family-based services; and 21.27 (3) mental health family-based services. 21.28 Intensive family preservation services also include 21.29 family-based life management skills when it is provided in 21.30 conjunction with any of the three family-based services or five 21.31 emergency assistance placement services in this subdivision. 21.32 The intensive family preservation services in clauses (1), (2), 21.33 and (3) and life management skills have the meanings given in 21.34 section 256F.03, subdivision 5, paragraphs (a), (b), (c), and 21.35 (e). 21.36 (c) For purposes of this section, emergency assistance 22.1 placement services include: 22.2 (1) emergency shelter services; 22.3 (2) foster care services; 22.4 (3) group home services; 22.5 (4) child residential treatment services; and 22.6 (5) correctional facility services. 22.7 Subd. 2. [DEFINITION OF EMERGENCY.] For the purposes of 22.8 this section, an emergency is a situation in which the dependent 22.9 children are at risk for out-of-home placement due to abuse, 22.10 neglect, or delinquency;orwhen the children are returning home 22.11 from placements but need services to prevent another 22.12 placement;orwhen the parents are unable to provide care; or 22.13 when the dependent children have been removed from the home by a 22.14 peace officer, by order of the juvenile court, or pursuant to a 22.15 voluntary placement agreement, to a publicly funded out-of-home 22.16 placement. 22.17 Subd. 3. [COUNTY AUTHORIZATION.] The county agency shall 22.18 assess current and prospective client families with a dependent 22.19 under 21 years of age to determine if there is an emergency, as 22.20 defined in subdivision 2, and to determine if there is a need 22.21 for intensive familypreservationservices. Upon such 22.22 determinations,during the period October 1, 1993 to September22.2330, 1995,counties shall authorize intensive familypreservation22.24 services for up to90 days12 months for eligible families under 22.25 this section and under section 256.871, subdivisions 1 and 22.26 3.Effective October 1, 1995,Once authorized, intensive family 22.27 services shall be used singly or in any combination or duration 22.28 up to 12 months appropriate to the needs of the child, as 22.29 determined by the county agency. 22.30 Subd. 3a. [LIMITATIONS ON FEDERAL FUNDING.] County 22.31 agencies shall determine eligibility under Title IV-E of the 22.32 Social Security Act for every child being considered for 22.33 emergency assistance placement services. The commissioner and 22.34 county agencies shall make every effort to use federal funding 22.35 under Title IV-E of the Social Security Act instead of federal 22.36 funding under this section, whenever possible. The counties' 23.1 obligations to continue the base level of expenditures and to 23.2 expand family preservation services as defined in section 23.3 256F.03, subdivision 5, are eliminated,with the termination of23.4 if the federal revenue earned under this section is terminated. 23.5 If the federal revenue earned under this section is terminated 23.6 or inadequate, the state has no obligation to pay for these 23.7 services. In the event that federal limitations or ceilings are 23.8 imposed on federal emergency assistance funding, the 23.9 commissioner shall use the funds according to these priorities: 23.10 (1) emergency assistance benefits under section 256.871; 23.11 (2) emergency assistance benefits under the reserve 23.12 established in subdivision 5; 23.13 (3) intensive family preservation services under this 23.14 section; and 23.15 (4) emergency assistance placement services under this 23.16 section. 23.17 Subd. 4. [COST TO FAMILIES.] Family preservation services 23.18 provided under this section or sections 256F.01 to 256F.07 shall 23.19 be provided at no cost to the client and without regard to the 23.20 client's available income or assets. Emergency assistance 23.21 placement services provided under this section shall not be 23.22 dependent on the client's available income or assets. However, 23.23 county agencies shall seek costs of care as required under 23.24 section 260.251 for emergency assistance placement services. 23.25 Subd. 5. [EMERGENCY ASSISTANCE RESERVE.] The commissioner 23.26 shall establish an emergency assistance reserve for families who 23.27 receive intensive familypreservationservices under this 23.28 section. A family is eligible to receive assistance once from 23.29 the emergency assistance reserve if it received intensive family 23.30preservationservices under this section within the past 12 23.31 months, but has not received emergency assistance under section 23.32 256.871 during that period. The emergency assistance reserve 23.33 shall cover the cost of the federal share of the assistance that 23.34 would have been available under section 256.871, except for the 23.35 provision of intensive familypreservationservices provided 23.36 under this section. The emergency assistance reserve shall be 24.1 authorized and paid in the same manner as emergency assistance 24.2 is provided under section 256.871. Funds set aside for the 24.3 emergency assistance reserve that are not needed as determined 24.4 by the commissioner shall be distributed by the terms of 24.5 subdivision 6, paragraph (a); or 6b, paragraph (a), depending on 24.6 how the funds were earned. 24.7 Subd. 6. [DISTRIBUTION OF NEW FEDERAL REVENUE EARNED FOR 24.8 INTENSIVE FAMILY PRESERVATION SERVICES.] (a) All federal funds 24.9 not set aside under paragraph (b), and at least 50 percent of 24.10 all federal funds earned for intensive family preservation 24.11 services under this section and earned through assessment 24.12 activity under subdivision 3, shall be paid to each county based 24.13 on its earnings and assessment activity, respectively, and shall 24.14 be used by each county to expand family preservation core 24.15 services as defined in section 256F.03, subdivision510, and 24.16 may be used to expand crisis nursery services. If a county 24.17 joins a local children's mental health collaborative as 24.18 authorized by the 1993 legislature, then the federal 24.19 reimbursement received under this paragraph by the county for 24.20 providing intensive family preservation services to children 24.21 served by the local collaborative shall be transferred by the 24.22 county to the integrated fund. The federal reimbursement 24.23 transferred to the integrated fund by the county must be used 24.24 for intensive family preservation services as defined in section 24.25 256F.03, subdivision 5, to the target population. 24.26 (b) The commissioner shall set aside a portion, not to 24.27 exceed 50 percent, of the federal funds earned for intensive 24.28 family preservation services under this section and earned 24.29 through assessment activity described under subdivision 3. The 24.30 set aside funds shall be used to develop and expand intensive 24.31 family preservation services statewide as provided in 24.32 subdivisions 6a and 7 and establish an emergency assistance 24.33 reserve as provided in subdivision 5. 24.34 Subd. 6a. [DEVELOPMENT GRANTS.] Except for the portion 24.35 needed for the emergency assistance reserve provided in 24.36 subdivision 5, the commissionermayshall distribute the funds 25.1 set aside under subdivision 6, paragraph (b), 25.2 through development grants toa county orcounties to establish 25.3 and maintainapproved intensivefamily preservation core 25.4 services as defined in section 256F.03, subdivision 10, 25.5 statewide.Funds available for crisis family-based services25.6through section 256F.05, subdivision 8, shall be considered in25.7establishing intensive family preservation services statewide.25.8The commissioner may phase in intensive family preservation25.9services in a county or group of counties as new federal funds25.10become available.The commissioner's priority is to establish a 25.11 minimum level ofintensivefamily preservation core services 25.12 statewide. Each county's development grant shall be paid and 25.13 used as provided in sections 256F.01 to 256F.06. 25.14 Subd. 6b. [DISTRIBUTION OF NEW FEDERAL REVENUE EARNED FOR 25.15 EMERGENCY ASSISTANCE PLACEMENT SERVICES.] (a) All federal funds 25.16 earned for emergency assistance placement services not set aside 25.17 under paragraph (b), shall be paid to each county based on its 25.18 earnings. These payments shall constitute the placement 25.19 earnings grant of the family preservation fund under sections 25.20 256F.01 to 256F.06. 25.21 (b) The commissioner may set aside a portion, not to exceed 25.22 15 percent, of the federal funds earned for emergency assistance 25.23 placement services under this section. The set aside funds 25.24 shall be used for the emergency assistance reserve as provided 25.25 in subdivision 5. 25.26 Subd. 7. [EXPANSION OF SERVICES AND BASE LEVEL OF 25.27 EXPENDITURES.] (a) Counties must continue the base level of 25.28 expenditures for family preservation core services as defined in 25.29 section 256F.03, subdivision510, from any state, county, or 25.30 federal funding source, which, in the absence of federal funds 25.31 earned for intensive family preservation services under this 25.32 section and earned through assessment activity described under 25.33 subdivision 3, would have been available for these services. 25.34 The commissioner shall review the county expenditures annually, 25.35 using reports required under sections 245.482, 256.01, 25.36 subdivision 2, paragraph (17), and 256E.08, subdivision 8, to 26.1 ensure that the base level of expenditures for family 26.2 preservation core services as defined in section 256F.03, 26.3 subdivision510, is continued from sources other than the 26.4 federal funds earned under this section and earned through 26.5 assessment activity described under subdivision 3. 26.6 (b) The commissionermayshall, at the request of a county, 26.7 reduce, suspend, or eliminate either or both of a county's 26.8 obligations to continue the base level of expenditures and to 26.9 expand family preservation core services as defined in section 26.10 256F.03, subdivision510, if the commissioner determines that 26.11 one or more of the following conditions apply to that county: 26.12 (1) imposition of levy limits or other levy restrictions 26.13 that significantly reduce available social service funds; 26.14 (2) reduction in the net tax capacity of the taxable 26.15 property within a county that significantly reduces available 26.16 social service funds; 26.17 (3) reduction in the number of children under age 19 in the 26.18 county by 25 percent when compared with the number in the base 26.19 year using the most recent data provided by the state 26.20 demographer's office;or26.21 (4) termination or reduction of the federal revenue earned 26.22 under this section; or 26.23 (5) other changes in state law that significantly impact 26.24 the receipt or distribution of state and federal funding. 26.25 (c) The commissioner may suspend for one year either or 26.26 both of a county's obligations to continue the base level of 26.27 expenditures and to expand family preservation core services as 26.28 defined in section 256F.03, subdivision510, if the 26.29 commissioner determines that in the previous year one or more of 26.30 the following conditions applied to that county: 26.31 (1) the unduplicated number of families who received family 26.32 preservation services under section 256F.03, subdivision 5, 26.33 paragraphs (a), (b), (c), and (e), equals or exceeds the 26.34 unduplicated number of children who entered placement under 26.35 sections 257.071 and 393.07, subdivisions 1 and 2, during the 26.36 year; 27.1 (2) the total number of children in placement under 27.2 sections 257.071 and 393.07, subdivisions 1 and 2, has been 27.3 reduced by 50 percent from the total number in the base year; or 27.4 (3) the average number of children in placement under 27.5 sections 257.071 and 393.07, subdivisions 1 and 2, on the last 27.6 day of each month is equal to or less than one child per 1,000 27.7 children in the county. 27.8 (d) For the purposes of this section, the base year is 27.9 calendar year 1992. For the purposes of this section, the base 27.10 level of expenditures is the level of county expenditures in the 27.11 base year for eligible family preservation services under 27.12 section 256F.03, subdivision 5, paragraphs (a), (b), (c), and 27.13 (e). 27.14 Subd. 8. [COUNTY RESPONSIBILITIES.] (a) Notwithstanding 27.15 section 256.871, subdivision 6, for intensive 27.16 familypreservationservices provided under this section, the 27.17 county agency shall submit quarterly fiscal reports as required 27.18 under section 256.01, subdivision 2, clause (17), and provide 27.19 the nonfederal share. 27.20 (b) County expenditures eligible for federal reimbursement 27.21 under this section must not be made from federal funds or funds 27.22 used to match other federal funds. 27.23 (c) The commissioner may suspend, reduce, or terminate the 27.24 federal reimbursement to a county that does not meet the 27.25 reporting or other requirements of this section. 27.26 Subd. 9. [PAYMENTS.] Notwithstanding section 256.025, 27.27 subdivision 2, payments to counties for social service 27.28 expenditures for intensive familypreservationservices under 27.29 this section shall be made only from the federal earnings under 27.30 this section and earned through assessment activity described 27.31 under subdivision 3. Counties may use up to ten percent of 27.32 federal earnings received under subdivision 6, paragraph (a), to 27.33 cover costs of income maintenance activities related to the 27.34 operation of this section and sections 256B.094 and 256F.10. 27.35 Subd. 10. [COMMISSIONER RESPONSIBILITIES.] The 27.36 commissioner in consultation with counties shall analyze state 28.1 funding options to cover costs of counties' base level 28.2 expenditures and any expansion of the nonfederal share of 28.3 intensive family preservation services resulting from 28.4 implementation of this section. The commissioner shall also 28.5 study problems of implementation, barriers to maximizing federal 28.6 revenue, and the impact on out-of-home placements of 28.7 implementation of this section. The commissioner shall report 28.8 to the legislature on the results of this analysis and study, 28.9 together with recommendations, by February 15, 1995. 28.10 Sec. 21. Minnesota Statutes 1994, section 256D.02, 28.11 subdivision 5, is amended to read: 28.12 Subd. 5. "Family" means the applicant or recipient and the 28.13 following persons who reside with the applicant or recipient: 28.14 (1) the applicant's spouse; 28.15 (2) any minor child of whom the applicant is a parent, 28.16 stepparent, or legal custodian, and that child's minor siblings, 28.17 including half-siblings and stepsiblings; 28.18 (3) the other parent of the applicant's minor child or 28.19 children together with that parent's minor children, and, if 28.20 that parent is a minor, his or her parents, stepparents, legal 28.21 guardians, and minor siblings; and 28.22 (4) if the applicant or recipient is a minor, the minor's 28.23 parents, stepparents, or legal guardians, and any other minor 28.24 children for whom those parents, stepparents, or legal guardians 28.25 are financially responsible. 28.26For the period July 1, 1993 to June 30, 1995,A minor child 28.27 who is temporarily absent from the applicant's or recipient's 28.28 home due to placement in foster care paid for from state or 28.29 local funds, but who is expected to return within six months of 28.30 the month of departure, is considered to be residing with the 28.31 applicant or recipient. 28.32 A "family" must contain at least one minor child and at 28.33 least one of that child's natural or adoptive parents, 28.34 stepparents, or legal custodians. 28.35 Sec. 22. Minnesota Statutes 1994, section 256F.01, is 28.36 amended to read: 29.1 256F.01 [PUBLIC POLICY.] 29.2 The public policy of this state is to assure that all 29.3 children, regardless of minority racial or ethnic heritage,live 29.4 in families that offer a safe, permanent relationship with 29.5 nurturing parents or caretakers. To help assure children the 29.6 opportunity to establish lifetime relationships, public social 29.7 services must strive to provide culturally appropriate services 29.8 and be directed toward: 29.9 (1) preventing the unnecessary separation of children from 29.10 their families by identifying family problems, assisting 29.11 families in resolving their problems, and preventing breakup of 29.12 the family if it is desirable and possible; 29.13 (2) restoring to their families children who have been 29.14 removed, by continuing to provide services to the reunited child 29.15 and the families; 29.16 (3) placing children in suitable adoptive homes, in cases 29.17 where restoration to the biological family is not possible or 29.18 appropriate; and 29.19 (4) assuring adequate care of children away from their 29.20 homes, in cases where the child cannot be returned home or 29.21 cannot be placed for adoption. 29.22 Sec. 23. Minnesota Statutes 1994, section 256F.02, is 29.23 amended to read: 29.24 256F.02 [CITATION.] 29.25 Sections 256F.01 to 256F.07 and 256F.10 may be cited as the 29.26 "Minnesota family preservation act." 29.27 Sec. 24. Minnesota Statutes 1994, section 256F.03, 29.28 subdivision 5, is amended to read: 29.29 Subd. 5. [FAMILY-BASED SERVICES.] "Family-based services" 29.30 means one or more of the services described in paragraphs (a) to 29.31 (f) provided to families primarily in their own home for a 29.32 limited time.Family-based services eligible for funding under29.33the family preservation act are the services described in29.34paragraphs (a) to (f).29.35 (a) [CRISIS SERVICES.] "Crisis services" means professional 29.36 services provided within 24 hours of referral to alleviate a 30.1 family crisis and to offer an alternative to placing a child 30.2 outside the family home. The services are intensive and time 30.3 limited. The service may offer transition to other appropriate 30.4 community-based services. 30.5 (b) [COUNSELING SERVICES.] "Counseling services" means 30.6 professional family counseling provided to alleviate individual 30.7 and family dysfunction; provide an alternative to placing a 30.8 child outside the family home; or permit a child to return 30.9 home. The duration, frequency, and intensity of the service is 30.10 determined in the individual or family service plan. 30.11 (c) [LIFE MANAGEMENT SKILLS SERVICES.] "Life management 30.12 skills services" means paraprofessional services that teach 30.13 family members skills in such areas as parenting, budgeting, 30.14 home management, and communication. The goal is to strengthen 30.15 family skills as an alternative to placing a child outside the 30.16 family home or to permit a child to return home. A social 30.17 worker shall coordinate these services within the family case 30.18 plan. 30.19 (d) [CASE COORDINATION SERVICES.] "Case coordination 30.20 services" means professional services provided to an individual, 30.21 family, or caretaker as an alternative to placing a child 30.22 outside the family home, to permit a child to return home, or to 30.23 stabilize the long-term or permanent placement of a child. 30.24 Coordinated services are provided directly, are arranged, or are 30.25 monitored to meet the needs of a child and family. The 30.26 duration, frequency, and intensity of services is determined in 30.27 the individual or family service plan. 30.28 (e) [MENTAL HEALTH SERVICES.] "Mental health services" 30.29 means the professional services defined in section 245.4871, 30.30 subdivision 31. 30.31 (f) [EARLY INTERVENTION SERVICES.] "Early intervention 30.32 services" means family-based intervention services designed to 30.33 help at-risk families avoid crisis situations. 30.34 Sec. 25. Minnesota Statutes 1994, section 256F.03, is 30.35 amended by adding a subdivision to read: 30.36 Subd. 10. [FAMILY PRESERVATION CORE SERVICES.] "Family 31.1 preservation core services" means adequate capacity of crisis 31.2 services as defined in subdivision 5, paragraph (a), plus either 31.3 or both counseling services as defined in subdivision 5, 31.4 paragraph (b), and mental health services as defined in 31.5 subdivision 5, paragraph (e), plus life management skills 31.6 services as defined in subdivision 5, paragraph (c). 31.7 Sec. 26. Minnesota Statutes 1994, section 256F.04, 31.8 subdivision 1, is amended to read: 31.9 Subdivision 1. [GRANT PROGRAMFAMILY PRESERVATION FUND.] 31.10 The commissioner shall establish astatewidefamily preservation 31.11grant programfund to assist counties in providing placement 31.12 prevention and family reunification services. This fund shall 31.13 include a basic grant for family preservation services, a 31.14 placement earnings grant under section 256.8711, subdivision 6b, 31.15 paragraph (a), and a development grant under section 256.8711, 31.16 subdivision 6a, to assist counties in developing and expanding 31.17 their family preservation core services as defined in section 31.18 256F.03, subdivision 10. Beginning with calendar year 1998, 31.19 after each annual or quarterly calculation, these three 31.20 component grants shall be added together and treated as a 31.21 single-family preservation grant. 31.22 Sec. 27. Minnesota Statutes 1994, section 256F.04, 31.23 subdivision 2, is amended to read: 31.24 Subd. 2. [FORMS AND INSTRUCTIONS.] The commissioner shall 31.25 provide necessary forms and instructions to the counties for 31.26 their community social services plan, as required in section 31.27 256E.09, that incorporate thepermanency plan format and31.28 information necessary to apply for a family preservation fund 31.29 grant, and to exercise county options under section 256F.05, 31.30 subdivision 7, paragraph (a), or subdivision 8, paragraph (c). 31.31 Sec. 28. Minnesota Statutes 1994, section 256F.05, is 31.32 amended by adding a subdivision to read: 31.33 Subd. 1a. [DEVELOPMENT OF FAMILY PRESERVATION CORE 31.34 SERVICES.] The commissioner shall annually determine whether a 31.35 county's family preservation core services, as defined in 31.36 section 256F.03, subdivision 10, are developed for that calendar 32.1 year. In making this determination for any given calendar year, 32.2 the commissioner shall consider factors for each county such as 32.3 which family preservation core services are included in its 32.4 community services plan under section 256E.09, the ratio of 32.5 expenditures on family preservation core services to 32.6 expenditures on out-of-home placements, the availability of 32.7 crisis services as defined in section 256F.03, subdivision 5, 32.8 paragraph (a), and recent trends in out-of-home placements both 32.9 within that county and statewide. 32.10 Sec. 29. Minnesota Statutes 1994, section 256F.05, 32.11 subdivision 2, is amended to read: 32.12 Subd. 2. [MONEY AVAILABLE FOR THE BASIC GRANT.] Money 32.13 appropriated for family preservationgrants to countiesunder 32.14 sections 256F.04 to 256F.07, together with an amount as 32.15 determined by the commissioner of title IV-B funds distributed 32.16 to Minnesota according to the Social Security Act, United States 32.17 Code, title 42, section 621, must be distributed to counties on 32.18 a calendar year basis according to the formula in subdivision 3. 32.19 Sec. 30. Minnesota Statutes 1994, section 256F.05, 32.20 subdivision 3, is amended to read: 32.21 Subd. 3. [BASIC GRANT FORMULA.] (a) The amount of money 32.22 allocated to counties under subdivision 2must be based on the32.23following two factorsshall first be allocated in amounts equal 32.24 to each county's guaranteed floor according to paragraph (b), 32.25 and second, any remaining available funds allocated as follows: 32.26 (1) 90 percent of the funds shall be allocated based on the 32.27 population of the county under age 19 years as compared to the 32.28 state as a whole as determined by the most recent data from the 32.29 state demographer's office; and 32.30 (2) ten percent of the funds shall be allocated based on 32.31 the county's percentage share of the number of minority children 32.32in substitute carereceiving children's case management services 32.33 as defined by the commissioner based on the most recent data as 32.34 determined by themost recent department of human services32.35annual report on children in foster carecommissioner. 32.36The amount of money allocated according to formula factor33.1(1) must not be less than 90 percent of the total allocated33.2under subdivision 2.33.3 (b) Each county's basic grant guaranteed floor shall be 33.4 calculated as follows: 33.5 (1) 90 percent of the county's allocation received in the 33.6 preceding calendar year. For calendar year 1996 only, the 33.7 allocation received in the preceding calendar year shall be 33.8 determined by the commissioner based on the funding previously 33.9 distributed as separate grants under sections 256F.04 to 33.10 256F.07; and 33.11 (2) when the amounts of funds available for allocation is 33.12 less than the amount available in the previous year, each 33.13 county's previous year allocation shall be reduced in proportion 33.14 to the reduction in the statewide funding, for the purpose of 33.15 establishing the guaranteed floor. 33.16 (c) The commissioner shall regularly review the use of 33.17 family preservation fund allocations by county. The 33.18 commissioner may reallocate unexpended or unencumbered money at 33.19 any time among those counties that have expended or are 33.20 projected to expend their full allocation. 33.21 Sec. 31. Minnesota Statutes 1994, section 256F.05, 33.22 subdivision 4, is amended to read: 33.23 Subd. 4. [PAYMENTS.] The commissioner shall make grant 33.24 payments to each county whose biennial community social services 33.25 planincludes a permanency planhas been approved under section 33.26 256F.04, subdivision 2. Thepayment must be madebasic grant 33.27 under subdivisions 2 and 3 and the development grant under 33.28 section 256.8711, subdivision 6a, shall be paid to counties in 33.29 four installments per year. The commissioner may certify the 33.30 payments for the first three months of a calendar year. 33.31 Subsequent paymentsmust be made on May 15, August 15, and33.32November 15, of each calendar year. When an amount of title33.33IV-B funds as determined by the commissioner is made available,33.34it shall be reimbursed to counties on November 15.shall be 33.35 based on reported expenditures and may be adjusted for 33.36 anticipated spending patterns. The placement earnings grant 34.1 under section 256.8711, subdivision 6b, paragraph (a), shall be 34.2 based on earnings and coordinated with the other payments. In 34.3 calendar years 1996 and 1997, the placement earnings grant and 34.4 the development grant shall be distributed separately from the 34.5 basic grant, except as provided in subdivision 7, paragraph 34.6 (a). Beginning with calendar year 1998, after each annual or 34.7 quarterly calculation, these three component grants shall be 34.8 added together into a single-family preservation fund grant and 34.9 treated as a single grant. 34.10 Sec. 32. Minnesota Statutes 1994, section 256F.05, 34.11 subdivision 5, is amended to read: 34.12 Subd. 5. [INAPPROPRIATE EXPENDITURES.] Family preservation 34.13 fund basic, placement earnings, and development grant money must 34.14 not be used for: 34.15 (1) child day care necessary solely because of the 34.16 employment or training to prepare for employment, of a parent or 34.17 other relative with whom the child is living; 34.18 (2) residential facility payments; 34.19 (3) adoption assistance payments; 34.20 (4) public assistance payments for aid to families with 34.21 dependent children, supplemental aid, medical assistance, 34.22 general assistance, general assistance medical care, or 34.23 community health services authorized by sections 145A.09 to 34.24 145A.13; or 34.25 (5) administrative costs for local social services agency 34.26 public assistance staff. 34.27 Sec. 33. Minnesota Statutes 1994, section 256F.05, 34.28 subdivision 7, is amended to read: 34.29 Subd. 7. [TRANSFER OF FUNDSUSES OF PLACEMENT EARNINGS AND 34.30 DEVELOPMENT GRANTS.]Notwithstanding subdivision 1, the34.31commissioner may transfer money from the appropriation for34.32family preservation grants to counties into the subsidized34.33adoption account when a deficit in the subsidized adoption34.34program occurs. The amount of the transfer must not exceed five34.35percent of the appropriation for family preservation grants to34.36counties.(a) For calendar years 1996 and 1997, each county must 35.1 use its placement earnings and development grants to develop and 35.2 expand its family preservation core services as defined in 35.3 section 256F.03, subdivision 10. If a county demonstrates that 35.4 its family preservation core services are developed as provided 35.5 in subdivision 1a, then at the county's written request, the 35.6 commissioner shall add its placement earnings and development 35.7 grant to its basic grant, to be used as a single-family 35.8 preservation fund grant. 35.9 (b) Beginning with calendar year 1998, each county which 35.10 has demonstrated that year that its family preservation core 35.11 services are developed as provided in subdivision 1a, shall have 35.12 its placement earnings and development grant added to its basic 35.13 grant, to be used as a single-family preservation fund grant. 35.14 The development grant for any county which has not so 35.15 demonstrated shall be redistributed to all counties which have, 35.16 in proportion to their calculated development grants. 35.17 Sec. 34. Minnesota Statutes 1994, section 256F.05, 35.18 subdivision 8, is amended to read: 35.19 Subd. 8. [USES OF FAMILY PRESERVATION FUND GRANTSFOR35.20FAMILY-BASED CRISIS SERVICES.]Within the limits of35.21appropriations made for this purpose, the commissioner may award35.22grants for the families first program, including section35.23256F.08, to be distributed on a calendar year basis to counties35.24to provide programs for family-based crisis services defined in35.25section 256F.03, subdivision 5. The commissioner shall ask35.26counties to present proposals for the funding and shall award35.27grants for the funding on a competitive basis. Beginning35.28January 1, 1993, the state share of the costs of the programs35.29shall be 75 percent and the county share, 25 percent.For both 35.30 basic grants and single-family preservation fund grants: 35.31 (a) A county which has not demonstrated that year that its 35.32 family preservation core services are developed as provided in 35.33 subdivision 1a, must use its family preservation fund grant 35.34 exclusively for family preservation services defined in section 35.35 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e). 35.36 (b) A county which has demonstrated that year that its 36.1 family preservation core services are developed becomes eligible 36.2 either to continue using its family preservation fund grant as 36.3 provided in paragraph (a), or to exercise the expanded service 36.4 option under paragraph (c). 36.5 (c) The expanded service option permits an eligible county 36.6 to use its family preservation fund grant for child welfare 36.7 preventative services as defined in section 256F.10, subdivision 36.8 7, paragraph (d). To exercise this option, an eligible county 36.9 must notify the commissioner in writing of its intention to do 36.10 so no later than 30 days into the quarter during which it 36.11 intends to begin or in its county plan, as provided in section 36.12 256F.04, subdivision 2. Effective with the first day of that 36.13 quarter, the county must maintain its base level of expenditures 36.14 for child welfare preventative services and use the family 36.15 preservation fund to expand them. The base level of 36.16 expenditures for a county shall be that established under 36.17 section 256F.10, subdivision 7. For counties which have no such 36.18 base established, a comparable base shall be established with 36.19 the base year being the calendar year ending at least two 36.20 calendar quarters before the first calendar quarter in which the 36.21 county exercises its expanded service option. The commissioner 36.22 shall, at the request of the counties, reduce, suspend, or 36.23 eliminate either or both of a county's obligations to continue 36.24 the base level of expenditures and to expand child welfare 36.25 preventative services based on conditions described in section 36.26 256F.10, subdivision 7, paragraph (b) or (c). 36.27 (d) Each county's placement earnings and development grant 36.28 shall be determined under section 256.8711, but after each 36.29 annual or quarterly calculation, if added to that county's basic 36.30 grant, the three component grants shall be treated as a 36.31 single-family preservation fund grant. 36.32 Sec. 35. Minnesota Statutes 1994, section 256F.06, 36.33 subdivision 1, is amended to read: 36.34 Subdivision 1. [RESPONSIBILITIES.] A county board may, 36.35 alone or in combination with other county boards, apply for a 36.36 family preservation fund grant as provided in section 256F.04, 37.1 subdivision 2. Upon approval of thefamily preservationgrant, 37.2 the county board may contract for or directly provide 37.3 family-based and other eligible services. 37.4 Sec. 36. Minnesota Statutes 1994, section 256F.06, 37.5 subdivision 2, is amended to read: 37.6 Subd. 2. [USES OF GRANTSDEVELOPING FAMILY PRESERVATION 37.7 CORE SERVICES.]The grant must be used exclusively for37.8family-based services.A county board shall endeavor to develop 37.9 and expand its family preservation core services. When a county 37.10 can demonstrate that its family preservation core services are 37.11 developed as provided in section 256F.05, subdivision 1a, a 37.12 county board becomes eligible to exercise the expanded service 37.13 option under section 256F.05, subdivision 8, paragraph (c). For 37.14 calendar years 1996 and 1997, the county board also becomes 37.15 eligible to request that its basic, placement earnings, and 37.16 development grants be added into a single grant under section 37.17 256F.05, subdivision 7, paragraph (a). 37.18 Sec. 37. Minnesota Statutes 1994, section 256F.06, 37.19 subdivision 4, is amended to read: 37.20 Subd. 4. [REPORTING.] The commissioner shall specify 37.21 requirements for reports, including quarterly fiscal reports, 37.22 according to section 256.01, subdivision 2, paragraph (17).The37.23reports must include:37.24(1) a detailed statement of expenses attributable to the37.25grant during the preceding quarter; and37.26(2) a statement of the expenditure of money for37.27family-based services by the county during the preceding37.28quarter, including the number of clients served and the37.29expenditures, by client, for each service provided.37.30 Sec. 38. Minnesota Statutes 1994, section 257.3571, 37.31 subdivision 1, is amended to read: 37.32 Subdivision 1. [PRIMARY SUPPORT GRANTS.] The commissioner 37.33 shall establish direct grants to Indian tribesand, Indian 37.34 organizations, and tribal social service agency programs located 37.35 off-reservation that serve Indian children and their families to 37.36 provide primary support for Indian child welfare programs to 38.1 implement the Indian family preservation act. 38.2 Sec. 39. Minnesota Statutes 1994, section 257.3572, is 38.3 amended to read: 38.4 257.3572 [GRANT APPLICATIONS.] 38.5 A tribeor, Indian organization, or tribal social service 38.6 agency program located off-reservation may apply for primary 38.7 support grants under section 257.3571, subdivision 1. A local 38.8 social service agency, tribe, Indian organization, or other 38.9 social service organization may apply for special focus grants 38.10 under section 257.3571, subdivision 2. Civil legal service 38.11 organizations eligible for grants under section 257.3571, 38.12 subdivision 2a, may apply for grants under that section. 38.13 Application may be made alone or in combination with other 38.14 tribes or Indian organizations. 38.15 Sec. 40. Minnesota Statutes 1994, section 257.3577, 38.16 subdivision 1, is amended to read: 38.17 Subdivision 1. [PRIMARY SUPPORT GRANTS.] (a) The amount 38.18 available for grants established under section 257.3571, 38.19 subdivision 1, to tribesand, Indianorganization grants38.20 organizations, and tribal social service agency programs located 38.21 off-reservation is four-fifths of thetotalremainder of the 38.22 annual appropriation, after the appropriation is made under 38.23 subdivision 3, for Indian child welfare grants. 38.24 (b) The commissioner shall award tribes at least 70 percent 38.25 of the amount set in paragraph (a) for primary support grants. 38.26 Each tribe shall be awarded a base amount of five percent of the 38.27 total amount set in this paragraph. In addition, each tribe 38.28 shall be allocated a proportion of the balance of the amount set 38.29 in this paragraph, less the total base amounts for all 38.30 reservations. This proportion must equal the ratio of the 38.31 tribe's on-reservation population to the state's total 38.32 on-reservation population. Population data must be based on the 38.33 most recent federal census data according to the state 38.34 demographer's office. 38.35 (c) The commissioner shall award Indian organizations and 38.36 tribal social service agency programs located off-reservation 39.1 that serve Indian children and families up to 30 percent of the 39.2 amount set in paragraph (a) for primary support grants. A 39.3 maximum of four multiservice Indian organizations and tribal 39.4 social service agency programs located off-reservation may be 39.5 awarded grants under this paragraph. "Multiservice Indian 39.6 organizations" means Indian organizations recognized by the 39.7 Indian community as providing a broad continuum of social, 39.8 educational, or cultural services, including Indian child 39.9 welfare services designed to meet the unique needs of the Indian 39.10 communities in Minneapolis, St. Paul, and Duluth. Grants may be 39.11 awarded to programs that submit acceptable proposals, comply 39.12 with the goals and the application process of the program, and 39.13 have budgets that reflect appropriate and efficient use of funds. 39.14 To maintain continuity of service in Indian communities, primary 39.15 support grants awarded under this paragraph which meet the grant 39.16 criteria and have demonstrated satisfactory performance as 39.17 established by the commissioner may be awarded on a 39.18 non-competitive basis. The commissioner may revoke or deny 39.19 funding for Indian organizations or tribal social service 39.20 agencies failing to meet the grant criteria established by the 39.21 commissioner, and the commissioner may request new proposals 39.22 from Indian organizations or tribal social service agencies to 39.23 the extent that funding is available. 39.24 Sec. 41. Minnesota Statutes 1994, section 257.3577, 39.25 subdivision 2, is amended to read: 39.26 Subd. 2. [SPECIAL FOCUS GRANTS.] The amount available for 39.27 grants established under section 257.3571, subdivision 2, for 39.28 local social service agencies, tribes, Indian organizations, and 39.29 other social services organizations is one-fifth of thetotal39.30 remainder of the annual appropriation, after the appropriation 39.31 is made under subdivision 3, for Indian child welfare grants. 39.32 The maximum award under this subdivision is $100,000 a year for 39.33 programs approved by the commissioner. 39.34 Sec. 42. Minnesota Statutes 1994, section 257.3577, is 39.35 amended by adding a subdivision to read: 39.36 Subd. 3. [COMPLIANCE GRANTS.] The amount available for 40.1 grants established under section 257.3571, subdivision 2a, to an 40.2 Indian child welfare defense corporation, as defined in section 40.3 611.216, subdivision 1a, is $100,000 per year. The remainder of 40.4 the appropriation shall be allocated pursuant to subdivisions 1 40.5 and 2. 40.6 Sec. 43. [REPEALER.] 40.7 Minnesota Statutes 1994, sections 256F.05, subdivisions 2a 40.8 and 4a; and 256F.06, subdivision 3, are repealed. 40.9 Sec. 44. [EFFECTIVE DATE.] 40.10 Sections 1 to 19 are effective the day following final 40.11 enactment. 40.12 Section 20 is effective October 1, 1995. 40.13 Sections 22 to 36 are effective January 1, 1996.