SF 1104

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children's services; establishing the 
  1.3             department of children, families, and learning; making 
  1.4             related changes; appropriating money; proposing coding 
  1.5             for new law as Minnesota Statutes, chapter 119A; 
  1.6             repealing Minnesota Statutes 1994, sections 121.02, 
  1.7             subdivisions 1, 2a, and 3; 121.03; and 121.04, 
  1.8             subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [119A.01] [ABOLISHMENT; ESTABLISHMENT; PURPOSE; 
  1.11  AND GOALS.] 
  1.12     Subdivision 1.  [ABOLISHMENT.] The position of commissioner 
  1.13  of education and the department of education are abolished. 
  1.14     Subd. 2.  [ESTABLISHMENT.] The department of children, 
  1.15  families, and learning is established. 
  1.16     Subd. 3.  [PURPOSE.] The purpose in creating the department 
  1.17  is to increase the capacity of Minnesota communities to 
  1.18  measurably improve the well-being of children and families by: 
  1.19     (1) coordinating and integrating state administered family 
  1.20  and children program; 
  1.21     (2) improving flexibility in the design, funding, and 
  1.22  delivery of programs affecting children and families; 
  1.23     (3) providing greater focus on strategies designed to 
  1.24  prevent problems affecting the well-being of children and 
  1.25  families; 
  1.26     (4) enhancing local decision-making, collaboration and the 
  1.27  development of new governance models; and 
  2.1      (5) improving public accountability through the provision 
  2.2   of research, information, and the development of measurable 
  2.3   program outcomes. 
  2.4      Subd. 4.  [GOALS.] The goals of the department are to: 
  2.5      (1) ensure that families provide a stable environment for 
  2.6   their children; 
  2.7      (2) ensure that children are physically, emotionally, and 
  2.8   intellectually healthy; 
  2.9      (3) ensure that communities are safe, friendly, and caring 
  2.10  environments in which to nurture children; 
  2.11     (4) promote the life-long learning of children from birth 
  2.12  to adulthood; 
  2.13     (5) ensure that Minnesotans excel in basic academic skills; 
  2.14     (6) ensure that Minnesotans have the advanced education and 
  2.15  training to make them competitive in the global economy; and 
  2.16     (7) ensure that children do not live in poverty. 
  2.17     Sec. 2.  [119A.02] [DEFINITIONS.] 
  2.18     Subdivision 1.  [APPLICATION.] The definitions in this 
  2.19  section apply to this chapter. 
  2.20     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  2.21  commissioner of children, families, and learning. 
  2.22     Subd. 3.  [DEPARTMENT.] "Department" means the department 
  2.23  of children, families, and learning. 
  2.24     Sec. 3.  [119A.03] [COMMISSIONER.] 
  2.25     Subdivision 1.  [GENERAL.] The department is under the 
  2.26  administrative control of the commissioner.  The commissioner is 
  2.27  appointed by the governor.  The commissioner must possess broad 
  2.28  knowledge and experience in strengthening children and 
  2.29  families.  The commissioner has the general powers as provided 
  2.30  in section 15.06, subdivision 6. 
  2.31     The commissioner's salary must be established according to 
  2.32  the procedure in section 15A.081, subdivision 1, in the same 
  2.33  range as that specified for the commissioner of finance. 
  2.34     Subd. 2.  [DUTIES OF THE COMMISSIONER.] The commissioner 
  2.35  shall:  
  2.36     (1) identify measurable outcomes by which programs 
  3.1   administered by the department will be evaluated at the state 
  3.2   and local level; 
  3.3      (2) develop linkages with other state departments to ensure 
  3.4   coordination and consistent state policies promoting healthy 
  3.5   development of children and families; 
  3.6      (3) prepare, in consultation with the children's cabinet, 
  3.7   the commission on children, youth, and their families, and 
  3.8   affected parties, prior to January 1, 1996, and prior to July 1 
  3.9   of each year thereafter, guidelines governing planning, 
  3.10  reporting, and other procedural requirements necessary to 
  3.11  administer this chapter; 
  3.12     (4) facilitate inclusive processes when designing or 
  3.13  implementing guidelines and strategies to achieve agency goals 
  3.14  for children and families listed in section 119A.01, subdivision 
  3.15  3; 
  3.16     (5) facilitate intergovernmental and public-private 
  3.17  partnership strategies necessary to implement this chapter; 
  3.18     (6) submit to the federal government, or provide assistance 
  3.19  to local governments and organizations in submitting, where 
  3.20  appropriate and feasible, requests for federal waivers or 
  3.21  recommendations for changes in federal law necessary to carry 
  3.22  out the purposes of this chapter; 
  3.23     (7) coordinate review of all plans and other documents 
  3.24  required under the guidelines provided for in clause (1); 
  3.25     (8) coordinate development of the management support system 
  3.26  components required for implementation of this chapter; 
  3.27     (9) review other programs serving children and families to 
  3.28  determine the feasibility for transfer to the department of 
  3.29  children, families, and learning or the feasibility of inclusion 
  3.30  in the funding consolidation process; and 
  3.31     (10) monitor local compliance with this chapter. 
  3.32     Sec. 4.  [119A.04] [TRANSFERS FROM OTHER AGENCIES.] 
  3.33     Subdivision 1.  [DEPARTMENT OF EDUCATION.] The commissioner 
  3.34  shall review and reevaluate the powers and duties of the 
  3.35  department of education and transfer to the department of 
  3.36  children, families, and learning, under section 15.039, 
  4.1   subdivisions 1 to 6, those functions that are consistent with 
  4.2   the purpose and goals of the department of children, families, 
  4.3   and learning. 
  4.4      Subd. 2.  [DEPARTMENT OF HEALTH.] The powers and duties of 
  4.5   the department of health with respect to the following programs 
  4.6   are transferred to the department of children, families, and 
  4.7   learning under section 15.039, subdivisions 1 to 6.  The 
  4.8   programs needing federal approval to transfer shall be 
  4.9   transferred when the federal government grants transfer 
  4.10  authority to the commissioner: 
  4.11     (1) the home visitor program under section 145A.15; 
  4.12     (2) the dental health program under section 144.697, 
  4.13  subdivision 1; 
  4.14     (3) the school health program under section 144.05; 
  4.15     (4) the special supplemental food program for women, 
  4.16  infants, and children under section 144.05 and the Child 
  4.17  Nutrition Act of 1966; 
  4.18     (5) the commodity supplemental food program for mothers and 
  4.19  children under section 144.05 and the Agriculture Appropriation 
  4.20  Act of 1966; 
  4.21     (6) the maternal and child health program under sections 
  4.22  145.146, 145.88, 145.89, and title 5 of the Social Security Act; 
  4.23  and 
  4.24     (7) the children with special needs program under section 
  4.25  144.05. 
  4.26     Subd. 3.  [DEPARTMENT OF HUMAN SERVICES.] The powers and 
  4.27  duties of the department of human services with respect to the 
  4.28  following programs are transferred to the department of 
  4.29  children, families, and learning under section 15.039, 
  4.30  subdivisions 1 to 6.  The programs needing federal approval to 
  4.31  transfer shall be transferred when the federal government grants 
  4.32  transfer authority to the commissioner: 
  4.33     (1) child care resource and referral under section 
  4.34  256H.196; 
  4.35     (2) child care service development under sections 256H.21 
  4.36  to 256H.24; 
  5.1      (3) children's trust fund under section 257.80; 
  5.2      (4) early childhood care and education council under 
  5.3   section 256H.195; 
  5.4      (5) the child care fund program under sections 256H.03, 
  5.5   256H.05, title 4 of the Social Security Act, and the Family 
  5.6   Support Act of 1988; 
  5.7      (6) the migrant child care program under section 256H.02; 
  5.8      (7) the family services and community-based collaboratives 
  5.9   under sections 121.8355 and 256F.13; 
  5.10     (8) the Minnesota Indian family preservation act under 
  5.11  sections 257.35 to 257.3579; 
  5.12     (9) the adoption assistance program under section 259.67; 
  5.13     (10) family preservation services under chapter 256F; 
  5.14     (11) child foster care under chapter 257; 
  5.15     (12) the aid to families with dependent children program 
  5.16  under chapter 256; 
  5.17     (13) the Minnesota family investment plan under chapter 
  5.18  256; 
  5.19     (14) the food stamp program under chapter 256; 
  5.20     (15) child support enforcement under chapters 256 and 518; 
  5.21     (16) family general assistance under chapter 256D; 
  5.22     (17) the success through reaching individual development 
  5.23  and employment program under section 256.736; 
  5.24     (18) the MAXIS system; 
  5.25     (19) project empowerment under section 256.01; 
  5.26     (20) the family preservation bonus incentive under section 
  5.27  256F.05, subdivision 4a; 
  5.28     (21) families first under section 256F.05, subdivision 8; 
  5.29     (22) the child abuse basic grant under section 257.803; 
  5.30     (23) the children's justice program under section 256.01; 
  5.31     (24) the crisis nurseries and respite care programs under 
  5.32  sections 256F.11 and 256F.12; 
  5.33     (25) the independent living program under section 256.01; 
  5.34     (26) the safe house program under section 256E.115; 
  5.35     (27) the refugee assistance program under chapter 256; 
  5.36     (28) the Asian youth and child welfare services under 
  6.1   section 256.485; 
  6.2      (29) the foster care program for unaccompanied refugee 
  6.3   minors under section 256.01; 
  6.4      (30) the Asian youth intervention and prevention grant 
  6.5   program under section 256.486; 
  6.6      (31) the Asian coalition for youth under chapter 256; 
  6.7      (32) the family safety center under section 256F.09; 
  6.8      (33) maternal and child health under section 254A.17; 
  6.9      (34) the minority families first grant program under 
  6.10  section 256F.08; 
  6.11     (35) the children's mental health act under chapter 245; 
  6.12     (36) the children's mental health integrated fund under 
  6.13  chapter 245; and 
  6.14     (37) the children's mental health service system under 
  6.15  chapter 245. 
  6.16     Subd. 4.  [DEPARTMENT OF ECONOMIC SECURITY.] The powers and 
  6.17  duties of the department of economic security with respect to 
  6.18  the following programs are transferred to the department of 
  6.19  children, families, and learning under section 15.039, 
  6.20  subdivisions 1 to 6.  The programs needing federal approval to 
  6.21  transfer shall be transferred when the federal government grants 
  6.22  transfer authority to the commissioner: 
  6.23     (1) the Head Start program, including Project Cornerstone, 
  6.24  under sections 268.912 to 268.916; 
  6.25     (2) the youth violence prevention program under sections 
  6.26  268.29 and 268.30; 
  6.27     (3) the youth employment and training program under 
  6.28  sections 268.551 to 268.552 and 268.56 to 268.561; 
  6.29     (4) the shelter programs under sections 268.365, 268.38, 
  6.30  and 268.39; 
  6.31     (5) the Minnesota economic opportunity grant (MEOG) program 
  6.32  under section 268.52; 
  6.33     (6) the energy assistance program under sections 4.071 and 
  6.34  268.371; 
  6.35     (7) the weatherization program under section 268.37; 
  6.36     (8) the food banks and surplus commodities program under 
  7.1   section 268.55; 
  7.2      (9) the community services program under section 268.0122; 
  7.3      (10) the temporary housing program under sections 268.365 
  7.4   and 268.39; 
  7.5      (11) the lead abatement program under section 268.92; 
  7.6      (12) the displaced homemaker program under sections 268.96 
  7.7   and 517.08; and 
  7.8      (13) the community action agencies under sections 268.52 to 
  7.9   268.54.  
  7.10     Subd. 5.  [OFFICE OF STRATEGIC AND LONG-RANGE PLANNING.] 
  7.11  The powers and duties of the office of strategic and long-range 
  7.12  planning with respect to the following programs are transferred 
  7.13  to the department of children, families, and learning under 
  7.14  section 15.039, subdivisions 1 to 6.  The programs needing 
  7.15  federal approval to transfer shall be transferred when the 
  7.16  federal government grants transfer authority to the commissioner:
  7.17     (1) the information redesign project under section 4A.01; 
  7.18     (2) the action for children activity under section 4A.01; 
  7.19     (3) the teen pregnancy prevention program under section 
  7.20  4A.01; and 
  7.21     (4) the Minnesota children's initiative project under 
  7.22  section 4A.01. 
  7.23     Subd. 6.  [DEPARTMENT OF CORRECTIONS.] The powers and 
  7.24  duties with respect to the following program is transferred to 
  7.25  the department of children, families, and learning under section 
  7.26  15.039, subdivisions 1 to 6:  child abuse and child victims 
  7.27  services under chapter 611A. 
  7.28     Subd. 7.  [DEPARTMENT OF PUBLIC SAFETY.] The powers and 
  7.29  duties with respect to the following program is transferred to 
  7.30  the department of children, families, and learning under section 
  7.31  15.039, subdivisions 1 to 6:  drug policy and violence 
  7.32  prevention and the community advisory violence prevention 
  7.33  councils under sections 299A.29 to 299A.37. 
  7.34     Sec. 5.  [119A.05] [FUNDING CONSOLIDATION.] 
  7.35     Subdivision 1.  [AUTHORITY FOR FUNDING CONSOLIDATION.] 
  7.36  Notwithstanding existing law governing allocation of funds by 
  8.1   local grantees, mode of service delivery, specific population 
  8.2   and client groups to be served, grantee planning and reporting 
  8.3   requirements, and other procedural requirements for the grant 
  8.4   programs identified in this section, a local grantee may elect 
  8.5   to include or consolidate all or a portion of funding received 
  8.6   from the programs under subdivision 5 in a local collaboration 
  8.7   funding plan, if all conditions specified in this section are 
  8.8   satisfied.  
  8.9      The commissioner may, in consultation with the legislative 
  8.10  commission on children, youth and their families, waive all 
  8.11  provisions of rules and statutes inconsistent with the intent of 
  8.12  this section, provided the commissioner receives approval for 
  8.13  the waiver of statutes from the legislative advisory 
  8.14  commission.  This waiver authority does not apply to rules or 
  8.15  statutes governing client due process or inclusion of cultures 
  8.16  and ethnicities in decision making. 
  8.17     Subd. 2.  [ACCOUNT.] A consolidated funding account is 
  8.18  established under the control of the commissioner of children, 
  8.19  families, and learning.  The purpose of this account is to 
  8.20  clearly identify and provide accountability for funds previously 
  8.21  distributed to local grantees through the individual categorical 
  8.22  grant programs in subdivision 5.  By direction of the 
  8.23  commissioner, upon a finding that the conditions specified in 
  8.24  this section have been satisfied, funds must be transmitted to 
  8.25  this account and allocated to local grantees by the commissioner.
  8.26     Subd. 3.  [ELIGIBILITY; ACCOUNTABILITY.] To be eligible to 
  8.27  receive funding for local consolidation, as provided for in this 
  8.28  section, a grantee must meet the following requirements:  
  8.29     (1) demonstrate participation in a local collaborative 
  8.30  process as defined in section 121.8355 or in a similar process 
  8.31  of collaboration with other local governments and community 
  8.32  organizations which satisfies the governance and planning 
  8.33  guidelines published by the commissioner as provided for in this 
  8.34  section; 
  8.35     (2) complete and document, according to guidelines 
  8.36  published by the commissioner, a collaborative planning process 
  9.1   which clearly identifies:  
  9.2      (i) allocation of resources in the collaboration annual 
  9.3   funding plan; 
  9.4      (ii) a governance mechanism for the execution of the 
  9.5   funding plan; 
  9.6      (iii) outcomes consistent with the statewide goals 
  9.7   identified in this chapter and in statutes governing previous 
  9.8   categorical funding included in the collaboration funding plan; 
  9.9   and 
  9.10     (iv) indicators sufficient to measure improvement or 
  9.11  decline in specified outcomes compared to baseline performance; 
  9.12     (3) agree to periodically report information concerning 
  9.13  progress in addressing outcomes, as provided for in guidelines 
  9.14  to be published by the commissioner; and 
  9.15     (4) execute a contract between the commissioner, the local 
  9.16  partners in the collaborative process, and the grantee setting 
  9.17  forth responsibilities, obligations, and conditions consistent 
  9.18  with this section. 
  9.19     Subd. 4.  [COLLABORATION.] The geographic area for a local 
  9.20  consolidated funding process must be a county area, an entire 
  9.21  county, or a multicounty area.  The process may provide for 
  9.22  coordination of service delivery in jurisdictions that extend 
  9.23  across county boundaries. 
  9.24     Subd. 5.  [PROGRAMS INCLUDED.] Grant programs transferred 
  9.25  to the department of children, families, and learning in section 
  9.26  119A.04 are eligible for local funding consolidation.  
  9.27  Eligibility of any federally funded programs for local funding 
  9.28  consolidation is conditioned upon obtaining necessary federal 
  9.29  waivers or changes in federal law. 
  9.30     Subd. 6.  [ENTRY INTO PROGRAM.] Grantees who meet all 
  9.31  requirements of this section may elect to begin using funding 
  9.32  for a local consolidated funding process beginning January 1, 
  9.33  1996, or at each six-month interval. 
  9.34     Subd. 7.  [SANCTIONS.] If the commissioner finds that a 
  9.35  grantee has failed to comply with this section, the grantee 
  9.36  becomes subject to all requirements of individual grant programs 
 10.1   as specified in statutes and rules. 
 10.2      Sec. 6.  [PARTNERSHIP TEAM.] 
 10.3      Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
 10.4   children, families, and learning shall select not more than 15 
 10.5   persons knowledgeable about serving children and families to 
 10.6   serve on the partnership team from October 1, 1995, to June 30, 
 10.7   1996.  The partnership team must include representatives from 
 10.8   communities of color, local government, community-based 
 10.9   organizations, and other affected state agencies. 
 10.10     Subd. 2.  [DUTIES.] The team shall advise the commissioner 
 10.11  in the following areas: 
 10.12     (1) labor, management, and physical location issues; 
 10.13     (2) appropriate department advisory board structure; 
 10.14     (3) funding consolidation; 
 10.15     (4) potential federal funding reductions; and 
 10.16     (5) technical refinements to the legislation establishing 
 10.17  the new department. 
 10.18     Subd. 3.  [REPORT.] The team must also provide a report to 
 10.19  the 1996 legislature that describes the new department 
 10.20  structure, provides a summary of the ways in which the 
 10.21  department is fulfilling the purposes and achieving the goals 
 10.22  specified in Minnesota Statutes, section 119A.01, and provides a 
 10.23  recommendation for technical refinements related to the 
 10.24  legislation creating the department. 
 10.25     Sec. 7.  [DEMONSTRATION PROJECT; ALLOWING CONSOLIDATION OF 
 10.26  COUNTY PLANS.] 
 10.27     Subdivision 1.  [AUTHORIZATION FOR DEMONSTRATION PROJECT.] 
 10.28  The commissioners of human services; corrections; health; and 
 10.29  children, families, and learning shall allow counties to 
 10.30  consolidate the plans required under Minnesota Statutes, 
 10.31  chapters 145A, 256E, and 401, into one plan, to be submitted to 
 10.32  those commissioners. 
 10.33     Subd. 2.  [DUTIES OF COMMISSIONERS.] The several 
 10.34  commissioners shall work together and shall work with the 
 10.35  counties participating in the pilot project when developing the 
 10.36  single county plan.  Each commissioner shall also provide 
 11.1   technical assistance to the county, if requested by the county. 
 11.2      Subd. 3.  [INTEGRATED COUNTY PLANNING.] The counties 
 11.3   participating in the pilot project may submit one plan 
 11.4   consolidating the community health, community social services, 
 11.5   and community corrections plans required under Minnesota 
 11.6   Statutes, chapters 145A, 256E, and 401, respectively.  County 
 11.7   boards, corrections advisory boards, community health boards, 
 11.8   and school districts shall collaborate in planning for and 
 11.9   providing a continuum of services in each county. 
 11.10     Subd. 4.  [COUNTY PLAN.] The plan must comply with federal 
 11.11  requirements.  The plan may be submitted to the commissioners by 
 11.12  computer.  The plan must be a two-part plan in that it must 
 11.13  provide a summary of: 
 11.14     (1) intra-county collaboration; and 
 11.15     (2) collaboration with other service providers. 
 11.16     The two parts of the plan shall each provide information on 
 11.17  the existence or nonexistence of efforts to integrate funding, 
 11.18  collaborate governance, cross-train, coordinate information 
 11.19  gathering and management, and provide a one-stop service center 
 11.20  or community-based service delivery system to improve the 
 11.21  provision of services offered to children and families.  The 
 11.22  plan must also address the barriers to collaboration. 
 11.23     Subd. 5.  [COMMISSIONERS' REPORT.] For purposes of this 
 11.24  section, the several commissioners shall provide one 
 11.25  consolidated report to the legislature annually beginning 
 11.26  January 1, 1996.  The report shall evaluate the pilot counties' 
 11.27  single plan and shall provide the advantages and problems with 
 11.28  consolidating the plans. 
 11.29     Sec. 8.  [REVISOR INSTRUCTION.] 
 11.30     The revisor of statutes shall identify in Minnesota 
 11.31  Statutes and Minnesota Rules all references to the commissioner 
 11.32  of education, the department of education, and the state board 
 11.33  of education and shall make the following terminology changes: 
 11.34     (1) all references to the commissioner of education shall 
 11.35  be changed to the commissioner of children, families, and 
 11.36  learning; 
 12.1      (2) all references to the state board of education or the 
 12.2   department of education shall be changed to the department of 
 12.3   children, families, and learning; 
 12.4      (3) all references involving both the commissioner of 
 12.5   education and the state board of education shall be rewritten to 
 12.6   give all relevant responsibilities or authorities to the 
 12.7   commissioner of children, families, and learning; and 
 12.8      (4) the chapter heading in Minnesota Statutes, chapter 
 12.9   126B, shall be changed from "Youth Apprenticeship System" to 
 12.10  "Education and Employment Transitions System." 
 12.11     The revisor shall prepare a report for the 1996 legislature 
 12.12  showing where these changes were made. 
 12.13     The changes identified by the revisor shall be made 
 12.14  effective October 1, 1995, pursuant to the effective date in 
 12.15  section 11. 
 12.16     Sec. 9.  [BOARD OF EDUCATION.] 
 12.17     From October 1, 1995, to July 1, 1996, the board of 
 12.18  education under Minnesota Statutes, section 121.02, shall act 
 12.19  only in an advisory capacity to the commissioner of children, 
 12.20  families, and learning. 
 12.21     Sec. 10.  [REPEALER.] 
 12.22     Minnesota Statutes 1994, sections 121.02, subdivisions 1, 
 12.23  2a, and 3; 121.03; and 121.04, subdivision 2, are repealed. 
 12.24     Sec. 11.  [EFFECTIVE DATE.] 
 12.25     Section 1, subdivision 1 (Abolishment), is effective 
 12.26  September 30, 1995.  Section 1, subdivisions 2 (Establishment) 
 12.27  and 3 (Purpose), and sections 2 (Definitions), 3 (Commissioner), 
 12.28  5 (Funding Consolidation), 6 (Partnership Team), and 8 (Revisor 
 12.29  Instruction), are effective October 1, 1995.  Sections 4 
 12.30  (Transfers) and 10 (Repealer) are effective July 1, 1996.  
 12.31  Section 7 (Demonstration Project) is effective July 1, 1995.