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SF 1013

as introduced - 90th Legislature (2017 - 2018) Posted on 06/21/2017 11:31am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - as introduced

A bill for an act
relating to local government; providing aid for out-of-home placement costs of
children under the Indian Child Welfare Act; appropriating money; proposing
coding for new law in Minnesota Statutes, chapter 477A.

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

Section 1.

[477A.0126] REIMBURSEMENT OF COUNTY FOR CERTAIN
OUT-OF-HOME PLACEMENT.

Subdivision 1.

Definition.

When used in this section, "out-of-home placement" means
24-hour substitute care for an Indian child as defined by section 260C.007, subdivision 21,
placed under the Indian Child Welfare Act (ICWA) and chapter 260C, away from the child's
parent or guardian and for whom the county social services agency or county correctional
agency has been assigned responsibility for the child's placement and care, which includes
placement in foster care under section 260C.007, subdivision 18, and a correctional facility
pursuant to a court order.

Subd. 2.

Determination of nonfederal share of costs.

(a) By January 1, 2018, each
county shall report the following information to the commissioners of human services and
corrections: (1) the separate amounts paid out of its social service agency and its corrections
budget for out-of-home placement of children under the ICWA in calendar years 2014,
2015, and 2016; and (2) the number of case days associated with the expenditures from
each budget. By March 15, 2018, the commissioner of human services, in consultation with
the commissioner of corrections, shall certify to the commissioner of revenue and to the
legislative committees responsible for local government aids and out-of-home placement
funding, whether the data reported under this subdivision accurately reflects total expenditures
by counties for out-of-home placement costs of children under the ICWA.

(b) By January 1, 2020, and each January 1 thereafter, each county shall report to the
commissioners of human services and corrections the separate amounts paid out of its social
service agency and its corrections budget for out-of-home placement of children under the
ICWA in the calendar years two years before the current calendar year along with the number
of case days associated with the expenditures from each budget.

(c) Until the commissioner of human services develops another mechanism for collecting
and verifying data on out-of-home placements of children under the ICWA, and the
legislature authorizes the use of that data, the data collected under this subdivision must be
used to calculate payments under subdivision 3. The commissioner of human services shall
certify the information to the commissioner of revenue by July 1 of the year prior to the aid
payment.

Subd. 3.

Aid payments.

For aids payable in calendar year 2019 and thereafter, the
commissioner of revenue shall reimburse each county for 100 percent of the nonfederal
share of the cost of out-of-home placement of children under the ICWA provided the
commissioner of human services, in consultation with the commissioner of corrections,
certifies to the commissioner of revenue that accurate data is available to make the aid
determination under this section. The amount of reimbursement is the county's average
nonfederal share of the cost for out-of-home placement of children under the ICWA for the
most recent three calendar years for which data is available. The commissioner shall pay
the aid under the schedule used for local government aid payments under section 477A.015.

Subd. 4.

Appropriation.

An amount sufficient to pay aid under this section is annually
appropriated to the commissioner of revenue from the general fund.

EFFECTIVE DATE.

This section is effective beginning with aids payable in 2019.

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