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SF 1458

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/24/2015 06:22pm

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A bill for an act
relating to state government; establishing the health and human services budget;
modifying provisions governing children and family services, chemical and
mental health services, withdrawal management programs, direct care and
treatment, health care, continuing care, Department of Health programs,
health care delivery, health licensing boards, and MNsure; making changes
to medical assistance, general assistance, MFIP, Northstar Care for Children,
MinnesotaCare, child care assistance, and group residential housing programs;
establishing uniform requirements for public assistance programs related
to income calculation, reporting income, and correcting overpayments and
underpayments; creating the Department of MNsure; modifying requirements
for reporting maltreatment of minors; establishing the Minnesota ABLE plan
and accounts; modifying child support provisions; establishing standards for
withdrawal management programs; modifying requirements for background
studies; making changes to provisions governing the health information
exchange; authorizing rulemaking; requiring reports; making technical changes;
modifying certain fees for Department of Health programs; modifying fees
of certain health-related licensing boards; making human services forecast
adjustments; appropriating money;amending Minnesota Statutes 2014, sections
13.3806, subdivision 4; 13.46, subdivisions 2, 7; 13.461, by adding a subdivision;
15.01; 15A.0815, subdivision 2; 16A.724, subdivision 2; 43A.241; 62A.02,
subdivision 2; 62A.045; 62J.497, subdivisions 1, 3, 4, 5; 62J.498; 62J.4981;
62J.4982, subdivisions 4, 5; 62J.692, subdivision 4; 62M.01, subdivision
2; 62M.02, subdivisions 12, 14, 15, 17, by adding subdivisions; 62M.05,
subdivisions 3a, 3b, 4; 62M.06, subdivisions 2, 3; 62M.07; 62M.09, subdivision
3; 62M.10, subdivision 7; 62M.11; 62Q.02; 62U.02, subdivisions 1, 2, 3, 4;
62U.04, subdivision 11; 62V.02, subdivisions 2, 11, by adding a subdivision;
62V.03; 62V.05; 62V.06; 62V.07; 62V.08; 119B.011, subdivision 15; 119B.025,
subdivision 1; 119B.035, subdivision 4; 119B.07; 119B.09, subdivision 4;
119B.10, subdivision 1; 119B.11, subdivision 2a; 119B.125, by adding a
subdivision; 144.057, subdivision 1; 144.1501, subdivisions 1, 2, 3, 4; 144.215,
by adding a subdivision; 144.225, subdivision 4; 144.291, subdivision 2; 144.293,
subdivisions 6, 8; 144.298, subdivisions 2, 3; 144.3831, subdivision 1; 144.9501,
subdivisions 6d, 22b, 26b, by adding subdivisions; 144.9505; 144.9508;
144A.70, subdivision 6, by adding a subdivision; 144A.71; 144A.72; 144A.73;
144D.01, by adding a subdivision; 144E.001, by adding a subdivision; 144E.275,
subdivision 1, by adding a subdivision; 144E.50; 144F.01, subdivision 5;
145.928, by adding a subdivision; 145A.131, subdivision 1; 148.57, subdivisions
1, 2; 148.59; 148E.075; 148E.080, subdivisions 1, 2; 148E.180, subdivisions 2,
5; 149A.20, subdivisions 5, 6; 149A.40, subdivision 11; 149A.65; 149A.92,
subdivision 1; 149A.97, subdivision 7; 150A.091, subdivisions 4, 5, 11, by adding
subdivisions; 150A.31; 151.065, subdivisions 1, 2, 3, 4; 151.58, subdivisions 2,
5; 157.16; 169.686, subdivision 3; 174.29, subdivision 1; 174.30, subdivisions 3,
4, by adding subdivisions; 245.4661, subdivisions 5, 6, by adding subdivisions;
245.467, subdivision 6; 245.469, by adding a subdivision; 245.4876, subdivision
7; 245.4889, subdivision 1, by adding a subdivision; 245C.03, by adding a
subdivision; 245C.08, subdivision 1; 245C.10, by adding subdivisions; 245C.12;
246.18, subdivision 8; 246.54, subdivision 1; 246B.01, subdivision 2b; 246B.10;
253B.18, subdivisions 4c, 5; 254B.05, subdivision 5; 254B.12, subdivision 2;
256.01, by adding subdivisions; 256.015, subdivision 7; 256.017, subdivision
1; 256.478; 256.741, subdivisions 1, 2; 256.962, subdivision 5, by adding a
subdivision; 256.969, subdivisions 1, 2b, 3a, 3c, 9; 256.975, subdivision 8;
256B.056, subdivision 5c; 256B.057, subdivision 9; 256B.059, subdivision
5; 256B.06, by adding a subdivision; 256B.0615, subdivision 3; 256B.0622,
subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10, by adding a subdivision; 256B.0624,
subdivision 7; 256B.0625, subdivisions 3b, 9, 13, 13e, 13h, 14, 17, 17a, 18a,
18e, 31, 48, 57, 58, by adding subdivisions; 256B.0631; 256B.072; 256B.0757;
256B.0916, subdivisions 2, 11, by adding a subdivision; 256B.441, by adding
a subdivision; 256B.49, subdivision 26, by adding a subdivision; 256B.4913,
subdivisions 4a, 5; 256B.4914, subdivisions 2, 8, 10, 14, 15; 256B.69,
subdivisions 5a, 5i, 6, 9c, 9d, by adding a subdivision; 256B.75; 256B.76,
subdivisions 2, 4, 7; 256B.767; 256D.01, subdivision 1a; 256D.02, subdivision
8, by adding subdivisions; 256D.06, subdivision 1; 256D.405, subdivision 3;
256E.35, subdivision 2, by adding a subdivision; 256I.03, subdivisions 3,
7, by adding subdivisions; 256I.04; 256I.05, subdivisions 1c, 1g; 256I.06,
subdivisions 2, 6, 7, 8; 256J.08, subdivisions 26, 86; 256J.24, subdivisions 5, 5a;
256J.30, subdivisions 1, 9; 256J.35; 256J.40; 256J.95, subdivision 19; 256K.45,
subdivisions 1a, 6; 256L.01, subdivisions 3a, 5; 256L.03, subdivision 5; 256L.04,
subdivisions 1a, 1c, 7b; 256L.05, subdivisions 3, 3a, 4, by adding a subdivision;
256L.06, subdivision 3; 256L.11, by adding a subdivision; 256L.121, subdivision
1; 256L.15, subdivision 2; 256N.22, subdivisions 9, 10; 256N.24, subdivision 4;
256N.25, subdivision 1; 256N.27, subdivision 2; 256P.001; 256P.01, subdivision
3, by adding subdivisions; 256P.02, by adding a subdivision; 256P.03,
subdivision 1; 256P.04, subdivisions 1, 4; 256P.05, subdivision 1; 257.0755,
subdivisions 1, 2; 257.0761, subdivision 1; 257.0766, subdivision 1; 257.0769,
subdivision 1; 257.75, subdivisions 3, 5; 259A.75; 260C.007, subdivisions 27,
32; 260C.203; 260C.212, subdivision 1, by adding subdivisions; 260C.221;
260C.331, subdivision 1; 260C.451, subdivisions 2, 6; 260C.515, subdivision 5;
260C.521, subdivisions 1, 2; 260C.607, subdivision 4; 282.241, subdivision 1;
290.0671, subdivision 6; 297A.70, subdivision 7; 514.73; 514.981, subdivision
2; 518A.26, subdivision 14; 518A.32, subdivision 2; 518A.39, subdivision 1, by
adding a subdivision; 518A.41, subdivisions 1, 3, 4, 14, 15; 518A.43, by adding a
subdivision; 518A.46, subdivision 3, by adding a subdivision; 518A.51; 518A.53,
subdivisions 1, 4, 10; 518A.60; 518C.802; 580.032, subdivision 1; 626.556,
subdivisions 1, as amended, 2, 3, 6a, 7, as amended, 10, 10e, 10j, 10m, 11c, by
adding subdivisions; Laws 2008, chapter 363, article 18, section 3, subdivision 5;
Laws 2013, chapter 108, article 14, section 12, as amended; Laws 2014, chapter
189, sections 5; 10; 11; 16; 17; 18; 19; 23; 24; 27; 28; 29; 31; 43; 50; 51; 73;
Laws 2014, chapter 312, article 24, section 45, subdivision 2; proposing coding
for new law in Minnesota Statutes, chapters 15; 62A; 62M; 62Q; 62V; 144; 144D;
245; 246B; 256B; 256E; 256M; 256P; 518A; proposing coding for new law as
Minnesota Statutes, chapters 245F; 256Q; repealing Minnesota Statutes 2014,
sections 62V.04; 62V.09; 62V.11; 144E.52; 148E.060, subdivision 12; 148E.075,
subdivisions 4, 5, 6, 7; 256.969, subdivisions 23, 30; 256B.69, subdivision 32;
256D.0513; 256D.06, subdivision 8; 256D.09, subdivision 6; 256D.49; 256J.38;
256L.02, subdivision 3; 256L.05, subdivisions 1b, 1c, 3c, 5; 256L.11, subdivision
7; 257.0755, subdivision 1; 257.0768; 290.0671, subdivision 6a; Minnesota
Rules, parts 3400.0170, subparts 5, 6, 12, 13; 8840.5900, subparts 12, 14.

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

ARTICLE 1

CHILDREN AND FAMILY SERVICES

Section 1.

Minnesota Statutes 2014, section 119B.07, is amended to read:


119B.07 USE OF MONEY.

Subdivision 1.

Uses of money.

(a) Money for persons listed in sections 119B.03,
subdivision 3
, and 119B.05, subdivision 1, shall be used to reduce the costs of child care
for students, including the costs of child care for students while employed if enrolled in an
eligible education program at the same time and making satisfactory progress towards
completion of the program. Counties may not limit the duration of child care subsidies for
a person in an employment or educational program, except when the person is found to be
ineligible under the child care fund eligibility standards. Any limitation must be based
on a person's employment plan in the case of an MFIP participant, and county policies
included in the child care fund plan. The maximum length of time a student is eligible for
child care assistance under the child care fund for education and training is no more than
the time necessary to complete the credit requirements for an associate or baccalaureate
degree as determined by the educational institution, excluding basic or remedial education
programs needed to prepare for postsecondary education or employment.

Subd. 2.

Eligibility.

(b) To be eligible, the student must be in good standing
and be making satisfactory progress toward the degree. Time limitations for child care
assistance do not apply to basic or remedial educational programs needed to prepare
for postsecondary education or employment. These programs include: high school,
general equivalency diploma, and English as a second language. Programs exempt from
this time limit must not run concurrently with a postsecondary program. If an MFIP
participant who is receiving MFIP child care assistance under this chapter moves to
another county, continues to participate in educational or training programs authorized in
their employment plans, and continues to be eligible for MFIP child care assistance under
this chapter, the MFIP participant must receive continued child care assistance from the
county responsible for their current employment plan, under section 256G.07.

Subd. 3.

Amount of child care assistance authorized.

(a) If the student meets the
conditions of subdivisions 1 and 2, child care assistance must be authorized for all hours
of actual class time and credit hours, including independent study and internships; up to
two hours of travel time per day; and, for postsecondary students, two hours per week
per credit hour for study time and academic appointments. For an MFIP or DWP student
whose employment plan specifies a different time frame, child care assistance must be
authorized according to the time frame specified in the employment plan.

(b) The amount of child care assistance authorized must take into consideration the
amount of time the parent reports on the application or redetermination form that the child
attends preschool, a Head Start program, or school while the parent is participating in
the parent's authorized activity.

(c) When the conditions in paragraph (d) do not apply, the applicant's or participant's
activity schedule does not need to be verified. The amount of child care assistance
authorized may be used during the applicant's or participant's activity or at other times, as
determined by the family, to meet the developmental needs of the child.

(d) Care must be authorized based on the applicant's or participant's verified activity
schedule when:

(1) the family requests to regularly receive care from more than one provider per child;

(2) the family requests a legal nonlicensed provider;

(3) the family includes more than one applicant or participant; or

(4) an applicant or participant is employed by a provider that is licensed by the
Department of Human Services or enrolled as a medical assistance provider in the
Minnesota health care program's provider directory.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 2.

Minnesota Statutes 2014, section 119B.10, subdivision 1, is amended to read:


Subdivision 1.

Assistance for persons seeking and retaining employment.

(a)
Persons who are seeking employment and who are eligible for assistance under this
section are eligible to receive up to 240 hours of child care assistance per calendar year.

(b) Employed persons who work at least an average of 20 hours and full-time
students who work at least an average of ten hours a week and receive at least a minimum
wage for all hours worked are eligible for continued child care assistance for employment.
For purposes of this section, work-study programs must be counted as employment. Child
care assistance during employment for employed participants must be authorized as
provided in paragraphs (c) and, (d), (e), (f), and (g).

(c) When the person works for an hourly wage and the hourly wage is equal to or
greater than the applicable minimum wage, child care assistance shall be provided for the
actual hours of employment, break, and mealtime during the employment and travel time
up to two hours per day.

(d) When the person does not work for an hourly wage, child care assistance must be
provided for the lesser of:

(1) the amount of child care determined by dividing gross earned income by the
applicable minimum wage, up to one hour every eight hours for meals and break time,
plus up to two hours per day for travel time; or

(2) the amount of child care equal to the actual amount of child care used during
employment, including break and mealtime during employment, and travel time up to
two hours per day.

(e) The amount of child care assistance authorized must take into consideration the
amount of time the parent reports on the application or redetermination form that the child
attends preschool, a Head Start program, or school while the parent is participating in
the parent's authorized activity.

(f) When the conditions in paragraph (g) do not apply, the applicant's or participant's
activity schedule does not need to be verified. The amount of child care assistance
authorized may be used during the applicant's or participant's activity or at other times, as
determined by the family, to meet the developmental needs of the child.

(g) Care must be authorized based on the applicant's or participant's verified activity
schedule when:

(1) the family requests to regularly receive care from more than one provider per child;

(2) the family requests a legal nonlicensed provider;

(3) the family includes more than one applicant or participant; or

(4) an applicant or participant is employed by a provider that is licensed by the
Department of Human Services or enrolled as a medical assistance provider in the
Minnesota health care program's provider directory.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 3.

Minnesota Statutes 2014, section 119B.11, subdivision 2a, is amended to read:


Subd. 2a.

Recovery of overpayments.

(a) An amount of child care assistance
paid to a recipient in excess of the payment due is recoverable by the county agency
under paragraphs (b) and (c), even when the overpayment was caused by agency error or
circumstances outside the responsibility and control of the family or provider.

(b) An overpayment must be recouped or recovered from the family if the
overpayment benefited the family by causing the family to pay less for child care expenses
than the family otherwise would have been required to pay under child care assistance
program requirements. Family overpayments must be established and recovered in
accordance with clauses (1) to (5).

(1) If the overpayment is estimated to be less than $500, the overpayment must not be
established or collected. Any portion of the overpayment that occurred more than one year
prior to the date of the overpayment determination must not be established or collected.

(2) If the family remains eligible for child care assistance and an overpayment is
established
, the overpayment must be recovered through recoupment as identified in
Minnesota Rules, part 3400.0187, except that the overpayments must be calculated and
collected on a service period basis. If the family no longer remains eligible for child
care assistance, the county may choose to initiate efforts to recover overpayments from
the family for overpayment less than $50.

(3) If the family is no longer eligible for child care assistance and an overpayment
is greater than or equal to $50 established, the county shall seek voluntary repayment of
the overpayment from the family.

(4) If the county is unable to recoup the overpayment through voluntary repayment,
the county shall initiate civil court proceedings to recover the overpayment unless the
county's costs to recover the overpayment will exceed the amount of the overpayment.

(5) A family with an outstanding debt under this subdivision is not eligible for
child care assistance until:

(1) (i) the debt is paid in full; or

(2) (ii) satisfactory arrangements are made with the county to retire the debt
consistent with the requirements of this chapter and Minnesota Rules, chapter 3400, and
the family is in compliance with the arrangements.

(c) The county must recover an overpayment from a provider if the overpayment did
not benefit the family by causing it to receive more child care assistance or to pay less
for child care expenses than the family otherwise would have been eligible to receive
or required to pay under child care assistance program requirements, and benefited the
provider by causing the provider to receive more child care assistance than otherwise
would have been paid on the family's behalf under child care assistance program
requirements. If the provider continues to care for children receiving child care assistance,
the overpayment must be recovered through reductions in child care assistance payments
for services as described in an agreement with the county. The provider may not charge
families using that provider more to cover the cost of recouping the overpayment. If the
provider no longer cares for children receiving child care assistance, the county may
choose to initiate efforts to recover overpayments of less than $50 from the provider. If the
overpayment is greater than or equal to $50, the county shall seek voluntary repayment of
the overpayment from the provider. If the county is unable to recoup the overpayment
through voluntary repayment, the county shall initiate civil court proceedings to recover
the overpayment unless the county's costs to recover the overpayment will exceed the
amount of the overpayment. A provider with an outstanding debt under this subdivision is
not eligible to care for children receiving child care assistance until:

(1) the debt is paid in full; or

(2) satisfactory arrangements are made with the county to retire the debt consistent
with the requirements of this chapter and Minnesota Rules, chapter 3400, and the provider
is in compliance with the arrangements.

(d) When both the family and the provider acted together to intentionally cause the
overpayment, both the family and the provider are jointly liable for the overpayment
regardless of who benefited from the overpayment. The county must recover the
overpayment as provided in paragraphs (b) and (c). When the family or the provider is in
compliance with a repayment agreement, the party in compliance is eligible to receive
child care assistance or to care for children receiving child care assistance despite the
other party's noncompliance with repayment arrangements.

(e) A family overpayment designated solely as an agency error must not be
established or collected. This paragraph does not apply: (1) to recipient families if the
overpayment was caused in any part by wrongfully obtaining assistance under section
256.98; or (2) to benefits paid pending appeal under section 119B.16, to the extent that
the commissioner finds on appeal that the appellant was not eligible for the amount of
child care assistance paid.

(f) A provider overpayment designated as an agency error that results from an
incorrect maximum rate being applied must not be established or collected. All other
provider overpayments designated as agency error must be established and collected.

(g) Notwithstanding any provision to the contrary in this subdivision, an
overpayment must be collected, regardless of amount of time period, if the overpayment
was caused by wrongfully obtaining assistance under section 256.98, or benefits paid while
an action is pending appeal under section 119B.16, to the extent the commissioner finds
on appeal that the appellant was not eligible for the amount of child care assistance paid.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 4.

Minnesota Statutes 2014, section 119B.125, is amended by adding a subdivision
to read:


Subd. 7.

Failure to comply with attendance record requirements.

(a) In
establishing an overpayment claim for failure to provide attendance records in compliance
with section 119B.125, subdivision 6, the county or commissioner is limited to the six
years prior to the date the county or the commissioner requested the attendance records.

(b) The commissioner may periodically audit child care providers to determine
compliance with section 119B.125, subdivision 6.

(c) When the commissioner or county establishes an overpayment claim against a
current or former provider, the commissioner or county must provide notice of the claim to
the provider. A notice of overpayment claim must specify the reason for the overpayment,
the authority for making the overpayment claim, the time period in which the overpayment
occurred, the amount of the overpayment, and the provider's right to appeal.

(d) The commissioner or county shall seek to recoup or recover overpayments paid
to a current or former provider.

(e) When a provider has been disqualified or convicted of fraud under section
256.98, theft under section 609.52, or a federal crime relating to theft of state funds
or fraudulent billing for a program administered by the commissioner or a county,
recoupment or recovery must be sought regardless of the amount of overpayment.

Sec. 5.

Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision
to read:


Subd. 10.

Providers of group residential housing or supplementary services.

The commissioner shall conduct background studies on any individual required under
section 256I.04 to have a background study completed under this chapter.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 6.

Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
to read:


Subd. 11.

Providers of group residential housing or supplementary services.

The commissioner shall recover the cost of background studies initiated by providers of
group residential housing or supplementary services under section 256I.04 through a fee
of no more than $20 per study. The fees collected under this subdivision are appropriated
to the commissioner for the purpose of conducting background studies.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 7.

Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision
to read:


Subd. 12a.

Department of Human Services child fatality and near fatality
review team.

The commissioner shall establish a Department of Human Services child
fatality and near fatality review team to review child fatalities and near fatalities due to
child maltreatment and child fatalities and near fatalities that occur in licensed facilities
and are not due to natural causes. The review team shall assess the entire child protection
services process from the point of a mandated reporter reporting the alleged maltreatment
through the ongoing case management process. Department staff shall lead and conduct
on-site local reviews and utilize supervisors from local county and tribal child welfare
agencies as peer reviewers. The review process must focus on critical elements of the case
and on the involvement of the child and family with the county or tribal child welfare
agency. The review team shall identify necessary program improvement planning to
address any practice issues identified and training and technical assistance needs of
the local agency. Summary reports of each review shall be provided to the state child
mortality review panel when completed.

Sec. 8.

Minnesota Statutes 2014, section 256.01, is amended by adding a subdivision
to read:


Subd. 14c.

Early intervention support and services for at-risk American Indian
families.

(a) The commissioner shall authorize grants to tribal child welfare agencies and
urban Indian organizations for the purpose of providing early intervention support and
services to prevent child maltreatment for at-risk American Indian families.

(b) The commissioner is authorized to develop program eligibility criteria, early
intervention service delivery procedures, and reporting requirements for agencies and
organizations receiving grants.

Sec. 9.

Minnesota Statutes 2014, section 256.017, subdivision 1, is amended to read:


Subdivision 1.

Authority and purpose.

The commissioner shall administer a
compliance system for the Minnesota family investment program, the food stamp or food
support program, emergency assistance, general assistance, medical assistance, emergency
general assistance, Minnesota supplemental assistance, group residential housing,
preadmission screening, alternative care grants, the child care assistance program, and
all other programs administered by the commissioner or on behalf of the commissioner
under the powers and authorities named in section 256.01, subdivision 2. The purpose of
the compliance system is to permit the commissioner to supervise the administration of
public assistance programs and to enforce timely and accurate distribution of benefits,
completeness of service and efficient and effective program management and operations,
to increase uniformity and consistency in the administration and delivery of public
assistance programs throughout the state, and to reduce the possibility of sanctions and
fiscal disallowances for noncompliance with federal regulations and state statutes. The
commissioner, or the commissioner's representative, may issue administrative subpoenas
as needed in administering the compliance system.

The commissioner shall utilize training, technical assistance, and monitoring
activities, as specified in section 256.01, subdivision 2, to encourage county agency
compliance with written policies and procedures.

Sec. 10.

Minnesota Statutes 2014, section 256.741, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The term "direct support" as used in this chapter and
chapters 257, 518, 518A, and 518C refers to an assigned support payment from an obligor
which is paid directly to a recipient of public assistance.

(b) The term "public assistance" as used in this chapter and chapters 257, 518, 518A,
and 518C, includes any form of assistance provided under the AFDC program formerly
codified in sections 256.72 to 256.87, MFIP and MFIP-R formerly codified under chapter
256, MFIP under chapter 256J, work first program formerly codified under chapter 256K;
child care assistance provided through the child care fund under chapter 119B; any form
of medical assistance under chapter 256B; MinnesotaCare under chapter 256L; and foster
care as provided under title IV-E of the Social Security Act. MinnesotaCare and health
plans subsidized by federal premium tax credits or federal cost-sharing reductions are not
considered public assistance for purposes of a child support referral.

(c) The term "child support agency" as used in this section refers to the public
authority responsible for child support enforcement.

(d) The term "public assistance agency" as used in this section refers to a public
authority providing public assistance to an individual.

(e) The terms "child support" and "arrears" as used in this section have the meanings
provided in section 518A.26.

(f) The term "maintenance" as used in this section has the meaning provided in
section 518.003.

Sec. 11.

Minnesota Statutes 2014, section 256.741, subdivision 2, is amended to read:


Subd. 2.

Assignment of support and maintenance rights.

(a) An individual
receiving public assistance in the form of assistance under any of the following programs:
the AFDC program formerly codified in sections 256.72 to 256.87, MFIP under chapter
256J, MFIP-R and MFIP formerly codified under chapter 256, or work first program
formerly codified under chapter 256K is considered to have assigned to the state at the
time of application all rights to child support and maintenance from any other person the
applicant or recipient may have in the individual's own behalf or in the behalf of any other
family member for whom application for public assistance is made. An assistance unit is
ineligible for the Minnesota family investment program unless the caregiver assigns all
rights to child support and maintenance benefits according to this section.

(1) The assignment is effective as to any current child support and current
maintenance.

(2) Any child support or maintenance arrears that accrue while an individual is
receiving public assistance in the form of assistance under any of the programs listed in
this paragraph are permanently assigned to the state.

(3) The assignment of current child support and current maintenance ends on the
date the individual ceases to receive or is no longer eligible to receive public assistance
under any of the programs listed in this paragraph.

(b) An individual receiving public assistance in the form of medical assistance,
including MinnesotaCare,
is considered to have assigned to the state at the time of
application all rights to medical support from any other person the individual may have
in the individual's own behalf or in the behalf of any other family member for whom
medical assistance is provided.

(1) An assignment made after September 30, 1997, is effective as to any medical
support accruing after the date of medical assistance or MinnesotaCare eligibility.

(2) Any medical support arrears that accrue while an individual is receiving public
assistance in the form of medical assistance, including MinnesotaCare, are permanently
assigned to the state.

(3) The assignment of current medical support ends on the date the individual ceases
to receive or is no longer eligible to receive public assistance in the form of medical
assistance or MinnesotaCare.

(c) An individual receiving public assistance in the form of child care assistance
under the child care fund pursuant to chapter 119B is considered to have assigned to the
state at the time of application all rights to child care support from any other person the
individual may have in the individual's own behalf or in the behalf of any other family
member for whom child care assistance is provided.

(1) The assignment is effective as to any current child care support.

(2) Any child care support arrears that accrue while an individual is receiving public
assistance in the form of child care assistance under the child care fund in chapter 119B
are permanently assigned to the state.

(3) The assignment of current child care support ends on the date the individual
ceases to receive or is no longer eligible to receive public assistance in the form of child
care assistance under the child care fund under chapter 119B.

Sec. 12.

[256E.345] HEALTHY EATING, HERE AT HOME.

Subdivision 1.

Establishment.

The healthy eating, here at home program is
established to provide incentives for low-income Minnesotans to use Supplemental
Nutrition Assistance Program (SNAP) benefits for healthy purchases at Minnesota-based
farmers' markets.

Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Healthy eating, here at home" means a program administered by the
commissioner to provide incentives for low-income Minnesotans to use SNAP benefits for
healthy purchases at Minnesota-based farmers' markets.

(c) "Healthy purchases" means SNAP-eligible foods.

(d) "Minnesota-based farmers' market" means a physical market as defined in section
28A.151, subdivision 1, paragraph (b), and also includes mobile markets.

(e) "Voucher" means a physical or electronic credit.

(f) "Eligible household" means an individual or family that is determined to be a
recipient of SNAP.

Subd. 3.

Grants.

The commissioner shall award grant funds to nonprofit
organizations that work with Minnesota-based farmers' markets to provide up to $10
vouchers to SNAP participants who use electronic benefits transfer (EBT) cards for
healthy purchases. Funds may also be provided for vouchers distributed through nonprofit
organizations engaged in healthy cooking and food education outreach to eligible
households for use at farmers' markets. Funds appropriated under this section may not
be used for healthy cooking classes or food education outreach. When awarding grants,
the commissioner must consider how the nonprofit organizations will achieve geographic
balance, including specific efforts to reach eligible households across the state, and the
organizations' capacity to manage the programming and outreach.

Subd. 4.

Household eligibility; participation.

To be eligible for a healthy eating,
here at home voucher, an eligible household must meet the SNAP eligibility requirements
in state or federal law.

Subd. 5.

Permissible uses; information provided.

An eligible household may use
the voucher toward healthy purchases at Minnesota-based farmers' markets. Every eligible
household that receives a voucher must be informed of the allowable uses of the voucher.

Subd. 6.

Program reporting.

The nonprofit organizations that receive grant funds
must report annually to the commissioner with information regarding the operation of the
program, including the number of vouchers issued and the number of people served. To
the extent practicable, the nonprofit organizations must report on the usage of the vouchers
and evaluate the program's effectiveness.

Subd. 7.

Grocery inclusion.

The commissioner must submit a waiver request to
the federal United States Department of Agriculture seeking approval for the inclusion of
Minnesota grocery stores in this program so that SNAP participants may use the vouchers
for healthy produce at grocery stores. Grocery store participation is voluntary and a
grocery store's associated administrative costs will not be reimbursed.

Sec. 13.

Minnesota Statutes 2014, section 256E.35, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Eligible educational institution" means the following:

(1) an institution of higher education described in section 101 or 102 of the Higher
Education Act of 1965; or

(2) an area vocational education school, as defined in subparagraph (C) or (D) of
United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational
and Applied Technology Education Act), which is located within any state, as defined in
United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only
to the extent section 2302 is in effect on August 1, 2008.

(b) (c) "Family asset account" means a savings account opened by a household
participating in the Minnesota family assets for independence initiative.

(c) (d) "Fiduciary organization" means:

(1) a community action agency that has obtained recognition under section 256E.31;

(2) a federal community development credit union serving the seven-county
metropolitan area; or

(3) a women-oriented economic development agency serving the seven-county
metropolitan area.

(e) "Financial coach" means a person who:

(1) has completed an intensive financial literacy training workshop that includes
curriculum on budgeting to increase savings, debt reduction and asset building, building a
good credit rating, and consumer protection;

(2) participates in ongoing statewide family assets for independence in Minnesota
(FAIM) network training meetings under FAIM program supervision; and

(3) provides financial coaching to program participants under subdivision 4a.

(d) (f) "Financial institution" means a bank, bank and trust, savings bank, savings
association, or credit union, the deposits of which are insured by the Federal Deposit
Insurance Corporation or the National Credit Union Administration.

(g) "Household" means all individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other individuals.

(e) (h) "Permissible use" means:

(1) postsecondary educational expenses at an eligible educational institution as
defined in paragraph (g) (b), including books, supplies, and equipment required for
courses of instruction;

(2) acquisition costs of acquiring, constructing, or reconstructing a residence,
including any usual or reasonable settlement, financing, or other closing costs;

(3) business capitalization expenses for expenditures on capital, plant, equipment,
working capital, and inventory expenses of a legitimate business pursuant to a business
plan approved by the fiduciary organization; and

(4) acquisition costs of a principal residence within the meaning of section 1034 of
the Internal Revenue Code of 1986 which do not exceed 100 percent of the average area
purchase price applicable to the residence determined according to section 143(e)(2) and
(3) of the Internal Revenue Code of 1986.

(f) "Household" means all individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other individuals.

(g) "Eligible educational institution" means the following:

(1) an institution of higher education described in section 101 or 102 of the Higher
Education Act of 1965; or

(2) an area vocational education school, as defined in subparagraph (C) or (D) of
United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational
and Applied Technology Education Act), which is located within any state, as defined in
United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only
to the extent section 2302 is in effect on August 1, 2008.

Sec. 14.

Minnesota Statutes 2014, section 256E.35, is amended by adding a subdivision
to read:


Subd. 4a.

Financial coaching.

A financial coach shall provide the following
to program participants:

(1) financial education relating to budgeting, debt reduction, asset-specific training,
and financial stability activities;

(2) asset-specific training related to buying a home, acquiring postsecondary
education, or starting or expanding a small business; and

(3) financial stability education and training to improve and sustain financial security.

Sec. 15.

Minnesota Statutes 2014, section 256I.03, subdivision 3, is amended to read:


Subd. 3.

Group residential housing.

"Group residential housing" means a group
living situation that provides at a minimum room and board to unrelated persons who
meet the eligibility requirements of section 256I.04. This definition includes foster care
settings or community residential settings for a single adult.
To receive payment for a
group residence rate, the residence must meet the requirements under section 256I.04,
subdivision subdivisions 2a to 2f.

Sec. 16.

Minnesota Statutes 2014, section 256I.03, subdivision 7, is amended to read:


Subd. 7.

Countable income.

"Countable income" means all income received by
an applicant or recipient less any applicable exclusions or disregards. For a recipient of
any cash benefit from the SSI program, countable income means the SSI benefit limit in
effect at the time the person is in a GRH a recipient of group residential housing, less the
medical assistance personal needs allowance under section 256B.35. If the SSI limit
has been or benefit is reduced for a person due to events occurring prior to the persons
entering the GRH setting
other than receipt of additional income, countable income means
actual income less any applicable exclusions and disregards.

Sec. 17.

Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
to read:


Subd. 9.

Direct contact.

"Direct contact" means providing face-to-face care,
support, training, supervision, counseling, consultation, or medication assistance to
recipients of group residential housing.

Sec. 18.

Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
to read:


Subd. 10.

Habitability inspection.

"Habitability inspection" means an inspection to
determine whether the housing occupied by an individual meets the habitability standards
specified by the commissioner. The standards must be provided to the applicant in writing
and posted on the Department of Human Services Web site.

Sec. 19.

Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
to read:


Subd. 11.

Long-term homelessness.

"Long-term homelessness" means lacking a
permanent place to live:

(1) continuously for one year or more; or

(2) at least four times in the past three years.

Sec. 20.

Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
to read:


Subd. 12.

Professional statement of need.

"Professional statement of need" means
a statement about an individual's illness, injury, or incapacity that is signed by a qualified
professional. The statement must specify that the individual has an illness or incapacity
which limits the individual's ability to work and provide self-support. The statement
must also specify that the individual needs assistance to access or maintain housing, as
evidenced by the need for two or more of the following services:

(1) tenancy supports to assist an individual with finding the individual's own
home, landlord negotiation, securing furniture and household supplies, understanding
and maintaining tenant responsibilities, conflict negotiation, and budgeting and financial
education;

(2) supportive services to assist with basic living and social skills, household
management, monitoring of overall well-being, and problem solving;

(3) employment supports to assist with maintaining or increasing employment,
increasing earnings, understanding and utilizing appropriate benefits and services,
improving physical or mental health, moving toward self-sufficiency, and achieving
personal goals; or

(4) health supervision services to assist in the preparation and administration of
medications other than injectables, the provision of therapeutic diets, taking vital signs, or
providing assistance in dressing, grooming, bathing, or with walking devices.

Sec. 21.

Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
to read:


Subd. 13.

Prospective budgeting.

"Prospective budgeting" means estimating the
amount of monthly income a person will have in the payment month.

Sec. 22.

Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
to read:


Subd. 14.

Qualified professional.

"Qualified professional" means an individual as
defined in section 256J.08, subdivision 73a, or Minnesota Rules, part 9530.6450, subpart
3, 4, or 5; or an individual approved by the director of human services or a designee
of the director.

Sec. 23.

Minnesota Statutes 2014, section 256I.03, is amended by adding a subdivision
to read:


Subd. 15.

Supportive housing.

"Supportive housing" means housing with support
services according to the continuum of care coordinated assessment system established
under Code of Federal Regulations, title 24, section 578.3.

Sec. 24.

Minnesota Statutes 2014, section 256I.04, is amended to read:


256I.04 ELIGIBILITY FOR GROUP RESIDENTIAL HOUSING PAYMENT.

Subdivision 1.

Individual eligibility requirements.

An individual is eligible for
and entitled to a group residential housing payment to be made on the individual's behalf
if the agency has approved the individual's residence in a group residential housing setting
and the individual meets the requirements in paragraph (a) or (b).

(a) The individual is aged, blind, or is over 18 years of age and disabled as
determined under the criteria used by the title II program of the Social Security Act, and
meets the resource restrictions and standards of section 256P.02, and the individual's
countable income after deducting the (1) exclusions and disregards of the SSI program,
(2) the medical assistance personal needs allowance under section 256B.35, and (3) an
amount equal to the income actually made available to a community spouse by an elderly
waiver participant under the provisions of sections 256B.0575, paragraph (a), clause
(4), and 256B.058, subdivision 2, is less than the monthly rate specified in the agency's
agreement with the provider of group residential housing in which the individual resides.

(b) The individual meets a category of eligibility under section 256D.05, subdivision
1
, paragraph (a), clauses (1), (3), (5) to (9), and (14), and paragraph (b), if applicable, and
the individual's resources are less than the standards specified by section 256P.02, and
the individual's countable income as determined under sections 256D.01 to 256D.21, less
the medical assistance personal needs allowance under section 256B.35 is less than the
monthly rate specified in the agency's agreement with the provider of group residential
housing in which the individual resides.

Subd. 1a.

County approval.

(a) A county agency may not approve a group
residential housing payment for an individual in any setting with a rate in excess of the
MSA equivalent rate for more than 30 days in a calendar year unless the county agency
has developed or approved
individual has a plan for the individual which specifies that:

(1) the individual has an illness or incapacity which prevents the person from living
independently in the community; and

(2) the individual's illness or incapacity requires the services which are available in
the group residence.

The plan must be signed or countersigned by any of the following employees of the
county of financial responsibility: the director of human services or a designee of the
director; a social worker; or a case aide
professional statement of need under section
256I.03, subdivision 12
.

(b) If a county agency determines that an applicant is ineligible due to not meeting
eligibility requirements under this section, a county agency may accept a signed personal
statement from the applicant in lieu of documentation verifying ineligibility.

(c) Effective July 1, 2016, to be eligible for supplementary service payments,
providers must enroll in the provider enrollment system identified by the commissioner.

Subd. 1b.

Optional state supplements to SSI.

Group residential housing payments
made on behalf of persons eligible under subdivision 1, paragraph (a), are optional state
supplements to the SSI program.

Subd. 1c.

Interim assistance.

Group residential housing payments made on behalf
of persons eligible under subdivision 1, paragraph (b), are considered interim assistance
payments to applicants for the federal SSI program.

Subd. 2.

Date of eligibility.

An individual who has met the eligibility requirements
of subdivision 1, shall have a group residential housing payment made on the individual's
behalf from the first day of the month in which a signed application form is received by
a county agency, or the first day of the month in which all eligibility factors have been
met, whichever is later.

Subd. 2a.

License required; staffing qualifications.

A county (a) Except
as provided in paragraph (b), an
agency may not enter into an agreement with an
establishment to provide group residential housing unless:

(1) the establishment is licensed by the Department of Health as a hotel and
restaurant; a board and lodging establishment; a residential care home; a boarding care
home before March 1, 1985; or a supervised living facility, and the service provider
for residents of the facility is licensed under chapter 245A. However, an establishment
licensed by the Department of Health to provide lodging need not also be licensed to
provide board if meals are being supplied to residents under a contract with a food vendor
who is licensed by the Department of Health;

(2) the residence is: (i) licensed by the commissioner of human services under
Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
to 9555.6265; (iii) a residence licensed by the commissioner under Minnesota Rules, parts
2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or (iv)
licensed under section 245D.02, subdivision 4a, as a community residential setting by
the commissioner of human services; or

(3) the establishment is registered under chapter 144D and provides three meals a
day, or is an establishment voluntarily registered under section 144D.025 as a supportive
housing establishment; or

(4) an establishment voluntarily registered under section 144D.025, other than
a supportive housing establishment under clause (3), is not eligible to provide group
residential housing
.

(b) The requirements under clauses (1) to (4) paragraph (a) do not apply to
establishments exempt from state licensure because they are:

(1) located on Indian reservations and subject to tribal health and safety
requirements; or

(2) a supportive housing establishment that has an approved habitability inspection
and an individual lease agreement and that serves people who have experienced long-term
homelessness and were referred through a coordinated assessment in section 256I.03,
subdivision 15
.

(c) Supportive housing establishments and emergency shelters must participate in
the homeless management information system.

(d) Effective July 1, 2016, an agency shall not have an agreement with a provider
of group residential housing or supplementary services unless all staff members who
have direct contact with recipients:

(1) have skills and knowledge acquired through:

(i) a course of study in a health or human services related field leading to a bachelor
of arts, bachelor of science, or associate's degree;

(ii) one year of experience with the target population served;

(iii) experience as a certified peer specialist according to section 256B.0615; or

(iv) meeting the requirements for unlicensed personnel under sections 144A.43
to 144A.483;

(2) hold a current Minnesota driver's license appropriate to the vehicle driven if
transporting participants;

(3) complete training on vulnerable adults mandated reporting and child
maltreatment mandated reporting, where applicable; and

(4) complete group residential housing orientation training offered by the
commissioner.

Subd. 2b.

Group residential housing agreements.

(a) Agreements between county
agencies and providers of group residential housing or supplementary services must be in
writing on a form developed and approved by the commissioner and must specify the name
and address under which the establishment subject to the agreement does business and
under which the establishment, or service provider, if different from the group residential
housing establishment, is licensed by the Department of Health or the Department of
Human Services; the specific license or registration from the Department of Health or the
Department of Human Services held by the provider and the number of beds subject to
that license; the address of the location or locations at which group residential housing is
provided under this agreement; the per diem and monthly rates that are to be paid from
group residential housing or supplementary service funds for each eligible resident at each
location; the number of beds at each location which are subject to the group residential
housing
agreement; whether the license holder is a not-for-profit corporation under section
501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject to
the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections.

(b) Providers are required to verify the following minimum requirements in the
agreement:

(1) current license or registration, including authorization if managing or monitoring
medications;

(2) all staff who have direct contact with recipients meet the staff qualifications;

(3) the provision of group residential housing;

(4) the provision of supplementary services, if applicable;

(5) reports of adverse events, including recipient death or serious injury; and

(6) submission of residency requirements that could result in recipient eviction.

Group residential housing (c) Agreements may be terminated with or without cause by
either the county commissioner, the agency, or the provider with two calendar months prior
notice. The commissioner may immediately terminate an agreement under subdivision 2d.

Subd. 2c.

Crisis shelters Background study requirements.

Secure crisis shelters
for battered women and their children designated by the Minnesota Department of
Corrections are not group residences under this chapter
(a) Effective July 1, 2016, a
provider of group residential housing or supplementary services must initiate background
studies in accordance with chapter 245C of the following individuals:

(1) controlling individuals as defined in section 245A.02;

(2) managerial officials as defined in section 245A.02; and

(3) all employees and volunteers of the establishment who have direct contact
with recipients, or who have unsupervised access to recipients, their personal property,
or their private data
.

(b) The provider of group residential housing or supplementary services must
maintain compliance with all requirements established for entities initiating background
studies under chapter 245C.

(c) Effective July 1, 2017, a provider of group residential housing or supplementary
services must demonstrate that all individuals required to have a background study
according to paragraph (a) have a notice stating either that:

(1) the individual is not disqualified under section 245C.14; or

(2) the individual is disqualified, but the individual has been issued a set-aside of
the disqualification for that setting under section 245C.22.

Subd. 2d.

Conditions of payment; commissioner's right to suspend or terminate
agreement.

(a) Group residential housing or supplementary services must be provided
to the satisfaction of the commissioner, as determined at the sole discretion of the
commissioner's authorized representative, and in accordance with all applicable federal,
state, and local laws, ordinances, rules, and regulations, including business registration
requirements of the Office of the Secretary of State. A provider shall not receive payment
for services or housing found by the commissioner to be performed or provided in
violation of federal, state, or local law, ordinance, rule, or regulation.

(b) The commissioner has the right to suspend or terminate the agreement
immediately when the commissioner determines the health or welfare of the housing or
service recipients is endangered, or when the commissioner has reasonable cause to believe
that the provider has breached a material term of the agreement under subdivision 2b.

(c) Notwithstanding paragraph (b), if the commissioner learns of a curable material
breach of the agreement by the provider, the commissioner shall provide the provider
with a written notice of the breach and allow ten days to cure the breach. If the provider
does not cure the breach within the time allowed, the provider shall be in default of the
agreement and the commissioner may terminate the agreement immediately thereafter. If
the provider has breached a material term of the agreement and cure is not possible, the
commissioner may immediately terminate the agreement.

Subd. 2e.

Providers holding health or human services licenses.

(a) Except
for facilities with only a board and lodging license, when group residential housing or
supplementary service staff are also operating under a license issued by the Department of
Health or the Department of Human Services, the minimum staff qualification requirements
for the setting shall be the qualifications listed under the related licensing standards.

(b) A background study completed for the licensed service must also satisfy the
background study requirements under this section, if the provider has established the
background study contact person according to chapter 245C and as directed by the
Department of Human Services.

Subd. 2f.

Required services.

In licensed and registered settings under subdivision
2a, providers shall ensure that participants have at a minimum:

(1) food preparation and service for three nutritional meals a day on site;

(2) a bed, clothing storage, linen, bedding, laundering, and laundry supplies or
service;

(3) housekeeping, including cleaning and lavatory supplies or service; and

(4) maintenance and operation of the building and grounds, including heat, water,
garbage removal, electricity, telephone for the site, cooling, supplies, and parts and tools
to repair and maintain equipment and facilities.

Subd. 2g.

Crisis shelters.

Secure crisis shelters for battered women and their
children designated by the Minnesota Department of Corrections are not group residences
under this chapter.

Subd. 3.

Moratorium on development of group residential housing beds.

(a)
County Agencies shall not enter into agreements for new group residential housing beds
with total rates in excess of the MSA equivalent rate except:

(1) for group residential housing establishments licensed under Minnesota Rules,
parts 9525.0215 to 9525.0355, provided the facility is needed to meet the census reduction
targets for persons with developmental disabilities at regional treatment centers;

(2) up to 80 beds in a single, specialized facility located in Hennepin County that will
provide housing for chronic inebriates who are repetitive users of detoxification centers
and are refused placement in emergency shelters because of their state of intoxication,
and planning for the specialized facility must have been initiated before July 1, 1991,
in anticipation of receiving a grant from the Housing Finance Agency under section
462A.05, subdivision 20a, paragraph (b);

(3) notwithstanding the provisions of subdivision 2a, for up to 190 supportive
housing units in Anoka, Dakota, Hennepin, or Ramsey County for homeless adults with a
mental illness, a history of substance abuse, or human immunodeficiency virus or acquired
immunodeficiency syndrome. For purposes of this section, "homeless adult" means a
person who is living on the street or in a shelter or discharged from a regional treatment
center, community hospital, or residential treatment program and has no appropriate
housing available and lacks the resources and support necessary to access appropriate
housing. At least 70 percent of the supportive housing units must serve homeless adults
with mental illness, substance abuse problems, or human immunodeficiency virus or
acquired immunodeficiency syndrome who are about to be or, within the previous six
months, has been discharged from a regional treatment center, or a state-contracted
psychiatric bed in a community hospital, or a residential mental health or chemical
dependency treatment program. If a person meets the requirements of subdivision 1,
paragraph (a), and receives a federal or state housing subsidy, the group residential housing
rate for that person is limited to the supplementary rate under section 256I.05, subdivision
1a
, and is determined by subtracting the amount of the person's countable income that
exceeds the MSA equivalent rate from the group residential housing supplementary rate.
A resident in a demonstration project site who no longer participates in the demonstration
program shall retain eligibility for a group residential housing payment in an amount
determined under section 256I.06, subdivision 8, using the MSA equivalent rate. Service
funding under section 256I.05, subdivision 1a, will end June 30, 1997, if federal matching
funds are available and the services can be provided through a managed care entity. If
federal matching funds are not available, then service funding will continue under section
256I.05, subdivision 1a;

(4) for an additional two beds, resulting in a total of 32 beds, for a facility located in
Hennepin County providing services for recovering and chemically dependent men that
has had a group residential housing contract with the county and has been licensed as a
board and lodge facility with special services since 1980;

(5) for a group residential housing provider located in the city of St. Cloud, or a county
contiguous to the city of St. Cloud, that operates a 40-bed facility, that received financing
through the Minnesota Housing Finance Agency Ending Long-Term Homelessness
Initiative and serves chemically dependent clientele, providing 24-hour-a-day supervision;

(6) for a new 65-bed facility in Crow Wing County that will serve chemically
dependent persons, operated by a group residential housing provider that currently
operates a 304-bed facility in Minneapolis, and a 44-bed facility in Duluth;

(7) for a group residential housing provider that operates two ten-bed facilities, one
located in Hennepin County and one located in Ramsey County, that provide community
support and 24-hour-a-day supervision to serve the mental health needs of individuals
who have chronically lived unsheltered; and

(8) for a group residential facility in Hennepin County with a capacity of up to 48
beds that has been licensed since 1978 as a board and lodging facility and that until August
1, 2007, operated as a licensed chemical dependency treatment program.

(b) A county An agency may enter into a group residential housing agreement for
beds with rates in excess of the MSA equivalent rate in addition to those currently covered
under a group residential housing agreement if the additional beds are only a replacement
of beds with rates in excess of the MSA equivalent rate which have been made available
due to closure of a setting, a change of licensure or certification which removes the beds
from group residential housing payment, or as a result of the downsizing of a group
residential housing setting. The transfer of available beds from one county agency to
another can only occur by the agreement of both counties agencies.

Subd. 4.

Rental assistance.

For participants in the Minnesota supportive housing
demonstration program under subdivision 3, paragraph (a), clause (5), notwithstanding
the provisions of section 256I.06, subdivision 8, the amount of the group residential
housing payment for room and board must be calculated by subtracting 30 percent of the
recipient's adjusted income as defined by the United States Department of Housing and
Urban Development for the Section 8 program from the fair market rent established for the
recipient's living unit by the federal Department of Housing and Urban Development. This
payment shall be regarded as a state housing subsidy for the purposes of subdivision 3.
Notwithstanding the provisions of section 256I.06, subdivision 6, the recipient's countable
income will only be adjusted when a change of greater than $100 in a month occurs or
upon annual redetermination of eligibility, whichever is sooner. The commissioner is
directed to study the feasibility of developing a rental assistance program to serve persons
traditionally served in group residential housing settings and report to the legislature by
February 15, 1999.

EFFECTIVE DATE.

Subdivision 1, paragraph (b), is effective September 1, 2015.

Sec. 25.

Minnesota Statutes 2014, section 256I.05, subdivision 1c, is amended to read:


Subd. 1c.

Rate increases.

A county An agency may not increase the rates
negotiated for group residential housing above those in effect on June 30, 1993, except as
provided in paragraphs (a) to (f).

(a) A county An agency may increase the rates for group residential housing settings
to the MSA equivalent rate for those settings whose current rate is below the MSA
equivalent rate.

(b) A county An agency may increase the rates for residents in adult foster care
whose difficulty of care has increased. The total group residential housing rate for these
residents must not exceed the maximum rate specified in subdivisions 1 and 1a. County
Agencies must not include nor increase group residential housing difficulty of care rates
for adults in foster care whose difficulty of care is eligible for funding by home and
community-based waiver programs under title XIX of the Social Security Act.

(c) The room and board rates will be increased each year when the MSA equivalent
rate is adjusted for SSI cost-of-living increases by the amount of the annual SSI increase,
less the amount of the increase in the medical assistance personal needs allowance under
section 256B.35.

(d) When a group residential housing rate is used to pay for an individual's room
and board, or other costs necessary to provide room and board, the rate payable to
the residence must continue for up to 18 calendar days per incident that the person is
temporarily absent from the residence, not to exceed 60 days in a calendar year, if the
absence or absences have received the prior approval of the county agency's social service
staff. Prior approval is not required for emergency absences due to crisis, illness, or injury.

(e) For facilities meeting substantial change criteria within the prior year. Substantial
change criteria exists if the group residential housing establishment experiences a 25
percent increase or decrease in the total number of its beds, if the net cost of capital
additions or improvements is in excess of 15 percent of the current market value of the
residence, or if the residence physically moves, or changes its licensure, and incurs a
resulting increase in operation and property costs.

(f) Until June 30, 1994, a county an agency may increase by up to five percent the
total rate paid for recipients of assistance under sections 256D.01 to 256D.21 or 256D.33
to 256D.54 who reside in residences that are licensed by the commissioner of health as
a boarding care home, but are not certified for the purposes of the medical assistance
program. However, an increase under this clause must not exceed an amount equivalent to
65 percent of the 1991 medical assistance reimbursement rate for nursing home resident
class A, in the geographic grouping in which the facility is located, as established under
Minnesota Rules, parts 9549.0050 to 9549.0058.

Sec. 26.

Minnesota Statutes 2014, section 256I.05, subdivision 1g, is amended to read:


Subd. 1g.

Supplementary service rate for certain facilities.

On or after July 1,
2005, a county
An agency may negotiate a supplementary service rate for recipients of
assistance under section 256I.04, subdivision 1, paragraph (a) or (b), who relocate from a
homeless shelter licensed and registered prior to December 31, 1996, by the Minnesota
Department of Health under section 157.17, to
have experienced long-term homelessness
and who live in
a supportive housing establishment developed and funded in whole or in
part with funds provided specifically as part of the plan to end long-term homelessness
required under Laws 2003, chapter 128, article 15, section 9, not to exceed $456.75
under
section 256I.04, subdivision 2a, paragraph (b), clause (2)
.

Sec. 27.

Minnesota Statutes 2014, section 256I.06, subdivision 2, is amended to read:


Subd. 2.

Time of payment.

A county agency may make payments to a group
residence in advance for an individual whose stay in the group residence is expected
to last beyond the calendar month for which the payment is made and who does not
expect to receive countable earned income during the month for which the payment is
made
. Group residential housing payments made by a county agency on behalf of an
individual who is not expected to remain in the group residence beyond the month for
which payment is made must be made subsequent to the individual's departure from the
group residence. Group residential housing payments made by a county agency on behalf
of an individual with countable earned income must be made subsequent to receipt of a
monthly household report form.

EFFECTIVE DATE.

This section is effective April 1, 2016.

Sec. 28.

Minnesota Statutes 2014, section 256I.06, subdivision 6, is amended to read:


Subd. 6.

Reports.

Recipients must report changes in circumstances that affect
eligibility or group residential housing payment amounts, other than changes in earned
income,
within ten days of the change. Recipients with countable earned income must
complete a monthly household report form at least once every six months. If the report
form is not received before the end of the month in which it is due, the county agency
must terminate eligibility for group residential housing payments. The termination shall
be effective on the first day of the month following the month in which the report was due.
If a complete report is received within the month eligibility was terminated, the individual
is considered to have continued an application for group residential housing payment
effective the first day of the month the eligibility was terminated.

EFFECTIVE DATE.

This section is effective April 1, 2016.

Sec. 29.

Minnesota Statutes 2014, section 256I.06, subdivision 7, is amended to read:


Subd. 7.

Determination of rates.

The agency in the county in which a group
residence is located will shall determine the amount of group residential housing rate to
be paid on behalf of an individual in the group residence regardless of the individual's
county agency of financial responsibility.

Sec. 30.

Minnesota Statutes 2014, section 256I.06, subdivision 8, is amended to read:


Subd. 8.

Amount of group residential housing payment.

(a) The amount of
a group residential housing payment to be made on behalf of an eligible individual is
determined by subtracting the individual's countable income under section 256I.04,
subdivision 1
, for a whole calendar month from the group residential housing charge for
that same month. The group residential housing charge is determined by multiplying the
group residential housing rate times the period of time the individual was a resident or
temporarily absent under section 256I.05, subdivision 1c, paragraph (d).

(b) For an individual with earned income under paragraph (a), prospective budgeting
must be used to determine the amount of the individual's payment for the following
six-month period. An increase in income shall not affect an individual's eligibility or
payment amount until the month following the reporting month. A decrease in income shall
be effective the first day of the month after the month in which the decrease is reported.

EFFECTIVE DATE.

Paragraph (b) is effective April 1, 2016.

Sec. 31.

Minnesota Statutes 2014, section 256J.24, subdivision 5, is amended to read:


Subd. 5.

MFIP transitional standard.

(a) The MFIP transitional standard is based
on the number of persons in the assistance unit eligible for both food and cash assistance.
The amount of the transitional standard is published annually by the Department of
Human Services.

(b) The commissioner shall increase the cash assistance portion of the transitional
standard under paragraph (a) by $100.

EFFECTIVE DATE.

This section is effective October 1, 2015.

Sec. 32.

Minnesota Statutes 2014, section 256J.24, subdivision 5a, is amended to read:


Subd. 5a.

Food portion of MFIP transitional standard.

The commissioner shall
adjust the food portion of the MFIP transitional standard as needed to reflect adjustments
to the Supplemental Nutrition Assistance Program and maintain compliance with federal
waivers related to the Supplemental Nutrition Assistance Program under the United States
Department of Agriculture
. The commissioner shall publish the transitional standard
including a breakdown of the cash and food portions for an assistance unit of sizes one to
ten in the State Register whenever an adjustment is made.

Sec. 33.

Minnesota Statutes 2014, section 256K.45, subdivision 1a, is amended to read:


Subd. 1a.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of human services.

(c) "Homeless youth" means a person 21 24 years of age or younger who is
unaccompanied by a parent or guardian and is without shelter where appropriate care and
supervision are available, whose parent or legal guardian is unable or unwilling to provide
shelter and care, or who lacks a fixed, regular, and adequate nighttime residence. The
following are not fixed, regular, or adequate nighttime residences:

(1) a supervised publicly or privately operated shelter designed to provide temporary
living accommodations;

(2) an institution or a publicly or privately operated shelter designed to provide
temporary living accommodations;

(3) transitional housing;

(4) a temporary placement with a peer, friend, or family member that has not offered
permanent residence, a residential lease, or temporary lodging for more than 30 days; or

(5) a public or private place not designed for, nor ordinarily used as, a regular
sleeping accommodation for human beings.

Homeless youth does not include persons incarcerated or otherwise detained under
federal or state law.

(d) "Youth at risk of homelessness" means a person 21 24 years of age or younger
whose status or circumstances indicate a significant danger of experiencing homelessness
in the near future. Status or circumstances that indicate a significant danger may include:
(1) youth exiting out-of-home placements; (2) youth who previously were homeless; (3)
youth whose parents or primary caregivers are or were previously homeless; (4) youth
who are exposed to abuse and neglect in their homes; (5) youth who experience conflict
with parents due to chemical or alcohol dependency, mental health disabilities, or other
disabilities; and (6) runaways.

(e) "Runaway" means an unmarried child under the age of 18 years who is absent
from the home of a parent or guardian or other lawful placement without the consent of
the parent, guardian, or lawful custodian.

Sec. 34.

Minnesota Statutes 2014, section 256K.45, subdivision 6, is amended to read:


Subd. 6.

Funding.

Funds appropriated for this section may be expended on
programs described under subdivisions 3 to 5, technical assistance, and capacity building
to meet the greatest need on a statewide basis. The commissioner will provide outreach,
technical assistance, and program development support to increase capacity to new and
existing service providers to better meet needs statewide, particularly in areas where
services for homeless youth have not been established, especially in greater Minnesota
.

Sec. 35.

[256M.41] CHILD PROTECTION GRANT ALLOCATION TO
ADDRESS STAFFING.

Subdivision 1.

Formula for county staffing funds.

(a) The commissioner shall
allocate state funds appropriated under this section to each county board on a calendar
year basis in an amount determined according to the following formula:

(1) 50 percent must be distributed on the basis of the child population residing in the
county as determined by the most recent data of the state demographer;

(2) 25 percent must be distributed on the basis of the number of screened-in
reports of child maltreatment under sections 626.556 and 626.5561, and in the county as
determined by the most recent data of the commissioner; and

(3) 25 percent must be distributed on the basis of the number of open child
protection case management cases in the county as determined by the most recent data of
the commissioner.

(b) Notwithstanding this subdivision, no county shall be awarded an allocation of
less than $75,000.

Subd. 2.

Prohibition on supplanting existing funds.

Funds received under this
section must be used to address staffing for child protection or expand child protection
services. Funds must not be used to supplant current county expenditures for these
purposes.

Subd. 3.

Payments based on performance.

(a) The commissioner shall make
payments under this section to each county board on a calendar year basis in an amount
determined under paragraph (b).

(b) Calendar year allocations under subdivision 1 shall be paid to counties in the
following manner:

(1) 80 percent of the allocation as determined in subdivision 1 must be paid to
counties on or before July 10 of each year;

(2) ten percent of the allocation shall be withheld until the commissioner determines
if the county has met the performance outcome threshold of 90 percent based on
face-to-face contact with alleged child victims. In order to receive the performance
allocation, the county child protection workers must have a timely face-to-face contact
with at least 90 percent of all alleged child victims of screened-in maltreatment reports.
The standard requires that each initial face-to-face contact occur consistent with timelines
defined in section 626.556, subdivision 10, paragraph (i). The commissioner shall make
threshold determinations in January of each year and payments to counties meeting the
performance outcome threshold shall occur in February of each year. Any withheld funds
from this appropriation for counties that do not meet this requirement shall be reallocated
by the commissioner to those counties meeting the requirement; and

(3) ten percent of the allocation shall be withheld until the commissioner determines
that the county has met the performance outcome threshold of 90 percent based on
face-to-face visits by the case manager. In order to receive the performance allocation, the
total number of visits made by caseworkers on a monthly basis to children in foster care
and children receiving child protection services while residing in their home must be at
least 90 percent of the total number of such visits that would occur if every child were
visited once per month. The commissioner shall make such determinations in January
of each year and payments to counties meeting the performance outcome threshold
shall occur in February of each year. Any withheld funds from this appropriation for
counties that do not meet this requirement shall be reallocated by the commissioner to
those counties meeting the requirement.

(c) The commissioner shall work with stakeholders and the Human Services
Performance Council under section 402A.16 to develop recommendations for specific
outcome measures that counties should meet in order to receive funds withheld under
paragraph (b), and include in those recommendations a determination as to whether
the performance measures under paragraph (b) should be modified or phased out. The
commissioner shall report the recommendations to the legislative committees having
jurisdiction over child protection issues by January 1, 2018.

Sec. 36.

[256M.42] CHILD PROTECTION GRANT ALLOCATION FOR
COUNTY SERVICES.

Subdivision 1.

Formula.

(a) The commissioner shall allocate state funds
appropriated under this section to each county board on a calendar year basis in an amount
determined according to the following formula:

(1) 50 percent must be distributed on the basis of the child population residing in the
county as determined by the most recent data of the state demographer;

(2) 25 percent must be distributed on the basis of the number of screened-in
reports of child maltreatment under sections 626.556 and 626.5561, and in the county as
determined by the most recent data of the commissioner; and

(3) 25 percent must be distributed on the basis of the number of open child
protection case management cases in the county as determined by the most recent data of
the commissioner.

(b) Notwithstanding paragraph (a), no county shall be awarded an allocation of
less than $10,000.

Subd. 2.

Supplantation of existing funds.

Funds received by counties under this
section must be used for additional child protection services and must not be used to
supplant current county expenditures for these purposes.

Subd. 3.

Eligible services.

(a) Funds received under this section must be used
for additional child protection services to support children and their families who have
been identified to the child welfare system through the intake process. Examples of
eligible services include, but are not limited to: family-based counseling; family-based
life management; individual counseling; group counseling; family group decision-making;
parent support outreach; family-based crisis; family assessment response; concurrent
permanency planning; social and recreational; home-based support; homemaking; respite
care; legal; court-related; transportation; health-related; mental health screening; and
interpreter services.

(b) Funds may also be used for prioritized services in child care, Head Start, Early
Head Start, or home visiting for children in the child protection system to remove these
children from waiting lists in these programs.

(c) Services provided under this section shall be culturally affirming in access and
delivery for the recipient.

(d) The commissioner shall instruct counties on the eligible services and procedures
for claiming reimbursement.

Subd. 4.

American Indian child welfare projects.

Of the amount appropriated
under this section, $75,000 shall be awarded to each tribe authorized under section 256.01,
subdivision 14b, to address child protection staffing and services.

Sec. 37.

Minnesota Statutes 2014, section 256N.22, subdivision 9, is amended to read:


Subd. 9.

Death or incapacity of relative custodian or dissolution modification
of custody.

The Northstar kinship assistance agreement ends upon death or dissolution
incapacity of the relative custodian or modification of the order for permanent legal and
physical custody of both relative custodians in the case of assignment of custody to two
individuals, or the sole relative custodian in the case of assignment of custody to one
individual
in which legal or physical custody is removed from the relative custodian.
In the case of a relative custodian's death or incapacity, Northstar kinship assistance
eligibility may be continued according to subdivision 10.

Sec. 38.

Minnesota Statutes 2014, section 256N.22, subdivision 10, is amended to read:


Subd. 10.

Assigning a successor relative custodian for a child's Northstar
kinship assistance to a court-appointed guardian or custodian.

(a) Northstar kinship
assistance may be continued with the written consent of the commissioner to
In the event
of the death or incapacity of the relative custodian, eligibility for Northstar kinship
assistance and title IV-E assistance, if applicable, is not affected if the relative custodian
is replaced by a successor named in the Northstar kinship assistance benefit agreement.
Northstar kinship assistance shall be paid to a named successor who is not the child's legal
parent, biological parent or stepparent, or other adult living in the home of the legal parent,
biological parent, or stepparent.

(b) In order to receive Northstar kinship assistance, a named successor must:

(1) meet the background study requirements in subdivision 4;

(2) renegotiate the agreement consistent with section 256N.25, subdivision 2,
including cooperating with an assessment under section 256N.24;

(3) be ordered by the court to be the child's legal relative custodian in a modification
proceeding under section 260C.521, subdivision 2; and

(4) satisfy the requirements in this paragraph within one year of the relative
custodian's death or incapacity unless the commissioner certifies that the named successor
made reasonable attempts to satisfy the requirements within one year and failure to satisfy
the requirements was not the responsibility of the named successor.

(c) Payment of Northstar kinship assistance to the successor guardian may be
temporarily approved through the policies, procedures, requirements, and deadlines under
section 256N.28, subdivision 2. Ongoing payment shall begin in the month when all the
requirements in paragraph (b) are satisfied.

(d) Continued payment of Northstar kinship assistance may occur in the event of the
death or incapacity of the relative custodian when no successor has been named in the
benefit agreement when the commissioner gives written consent to
an individual who is a
guardian or custodian appointed by a court for the child upon the death of both relative
custodians in the case of assignment of custody to two individuals, or the sole relative
custodian in the case of assignment of custody to one individual, unless the child is under
the custody of a county, tribal, or child-placing agency.

(b) (e) Temporary assignment of Northstar kinship assistance may be approved
for a maximum of six consecutive months from the death or incapacity of the relative
custodian or custodians as provided in paragraph (a) and must adhere to the policies and,
procedures, requirements, and deadlines under section 256N.28, subdivision 2, that are
prescribed by the commissioner. If a court has not appointed a permanent legal guardian
or custodian within six months, the Northstar kinship assistance must terminate and must
not be resumed.

(c) (f) Upon assignment of assistance payments under this subdivision paragraphs
(d) and (e)
, assistance must be provided from funds other than title IV-E.

Sec. 39.

Minnesota Statutes 2014, section 256N.24, subdivision 4, is amended to read:


Subd. 4.

Extraordinary levels.

(a) The assessment tool established under
subdivision 2 must provide a mechanism through which up to five levels can be added
to the supplemental difficulty of care for a particular child under section 256N.26,
subdivision 4. In establishing the assessment tool, the commissioner must design the tool
so that the levels applicable to the portions of the assessment other than the extraordinary
levels can accommodate the requirements of this subdivision.

(b) These extraordinary levels are available when all of the following circumstances
apply:

(1) the child has extraordinary needs as determined by the assessment tool provided
for under subdivision 2, and the child meets other requirements established by the
commissioner, such as a minimum score on the assessment tool;

(2) the child's extraordinary needs require extraordinary care and intense supervision
that is provided by the child's caregiver as part of the parental duties as described in the
supplemental difficulty of care rate, section 256N.02, subdivision 21. This extraordinary
care provided by the caregiver is required so that the child can be safely cared for in the
home and community, and prevents residential placement;

(3) the child is physically living in a foster family setting, as defined in Minnesota
Rules, part 2960.3010, subpart 23, in a foster residence setting, or physically living in the
home with the adoptive parent or relative custodian; and

(4) the child is receiving the services for which the child is eligible through medical
assistance programs or other programs that provide necessary services for children with
disabilities or other medical and behavioral conditions to live with the child's family, but
the agency with caregiver's input has identified a specific support gap that cannot be met
through home and community support waivers or other programs that are designed to
provide support for children with special needs.

(c) The agency completing an assessment, under subdivision 2, that suggests an
extraordinary level must document as part of the assessment, the following:

(1) the assessment tool that determined that the child's needs or disabilities require
extraordinary care and intense supervision;

(2) a summary of the extraordinary care and intense supervision that is provided by
the caregiver as part of the parental duties as described in the supplemental difficulty of
care rate, section 256N.02, subdivision 21;

(3) confirmation that the child is currently physically residing in the foster family
setting or in the home with the adoptive parent or relative custodian;

(4) the efforts of the agency, caregiver, parents, and others to request support services
in the home and community that would ease the degree of parental duties provided by the
caregiver for the care and supervision of the child. This would include documentation of
the services provided for the child's needs or disabilities, and the services that were denied
or not available from the local social service agency, community agency, the local school
district, local public health department, the parent, or child's medical insurance provider;

(5) the specific support gap identified that places the child's safety and well-being at
risk in the home or community and is necessary to prevent residential placement; and

(6) the extraordinary care and intense supervision provided by the foster, adoptive,
or guardianship caregivers to maintain the child safely in the child's home and prevent
residential placement that cannot be supported by medical assistance or other programs
that provide services, necessary care for children with disabilities, or other medical or
behavioral conditions in the home or community.

(d) An agency completing an assessment under subdivision 2 that suggests
an extraordinary level is appropriate must forward the assessment and required
documentation to the commissioner. If the commissioner approves, the extraordinary
levels must be retroactive to the date the assessment was forwarded.

Sec. 40.

Minnesota Statutes 2014, section 256N.25, subdivision 1, is amended to read:


Subdivision 1.

Agreement; Northstar kinship assistance; adoption assistance.

(a)
In order to receive Northstar kinship assistance or adoption assistance benefits on behalf
of an eligible child, a written, binding agreement between the caregiver or caregivers,
the financially responsible agency, or, if there is no financially responsible agency, the
agency designated by the commissioner, and the commissioner must be established prior
to finalization of the adoption or a transfer of permanent legal and physical custody. The
agreement must be negotiated with the caregiver or caregivers under subdivision 2 and
renegotiated under subdivision 3, if applicable
.

(b) The agreement must be on a form approved by the commissioner and must
specify the following:

(1) duration of the agreement;

(2) the nature and amount of any payment, services, and assistance to be provided
under such agreement;

(3) the child's eligibility for Medicaid services;

(4) the terms of the payment, including any child care portion as specified in section
256N.24, subdivision 3;

(5) eligibility for reimbursement of nonrecurring expenses associated with adopting
or obtaining permanent legal and physical custody of the child, to the extent that the
total cost does not exceed $2,000 per child;

(6) that the agreement must remain in effect regardless of the state of which the
adoptive parents or relative custodians are residents at any given time;

(7) provisions for modification of the terms of the agreement, including renegotiation
of the agreement; and

(8) the effective date of the agreement; and

(9) the successor relative custodian or custodians for Northstar kinship assistance,
when applicable. The successor relative custodian or custodians may be added or changed
by mutual agreement under subdivision 3
.

(c) The caregivers, the commissioner, and the financially responsible agency, or, if
there is no financially responsible agency, the agency designated by the commissioner, must
sign the agreement. A copy of the signed agreement must be given to each party. Once
signed by all parties, the commissioner shall maintain the official record of the agreement.

(d) The effective date of the Northstar kinship assistance agreement must be the date
of the court order that transfers permanent legal and physical custody to the relative. The
effective date of the adoption assistance agreement is the date of the finalized adoption
decree.

(e) Termination or disruption of the preadoptive placement or the foster care
placement prior to assignment of custody makes the agreement with that caregiver void.

Sec. 41.

Minnesota Statutes 2014, section 256N.27, subdivision 2, is amended to read:


Subd. 2.

State share.

The commissioner shall pay the state share of the maintenance
payments as determined under subdivision 4, and an identical share of the pre-Northstar
Care foster care program under section 260C.4411, subdivision 1, the relative custody
assistance program under section 257.85, and the pre-Northstar Care for Children adoption
assistance program under chapter 259A. The commissioner may transfer funds into the
account if a deficit occurs.

Sec. 42.

Minnesota Statutes 2014, section 257.0755, subdivision 1, is amended to read:


Subdivision 1.

Creation.

Each ombudsperson shall operate independently from but
in collaboration with the community-specific board that appointed the ombudsperson under
section 257.0768: the Indian Affairs Council, the Council on Affairs of Chicano/Latino
people, the Council on Black Minnesotans, and the Council on Asian-Pacific Minnesotans
The Office of Ombudspersons is organized under the Department of Human Services.

Sec. 43.

Minnesota Statutes 2014, section 257.0755, subdivision 2, is amended to read:


Subd. 2.

Selection; qualifications.

The ombudsperson for each community
shall be selected by the applicable community-specific board established in section
257.0768
appointed by the governor. Each ombudsperson serves in the unclassified
service at the pleasure of the community-specific board governor and may be removed
only for just cause. Each ombudsperson must be selected without regard to political
affiliation, and shall be a person highly competent and qualified to analyze questions of
law, administration, and public policy regarding the protection and placement of children
from families of color. In addition, the ombudsperson must be experienced in dealing with
communities of color and knowledgeable about the needs of those communities. No
individual may serve as ombudsperson while holding any other public office.

Sec. 44.

Minnesota Statutes 2014, section 257.0761, subdivision 1, is amended to read:


Subdivision 1.

Staff; unclassified status; retirement.

The ombudsperson for each
group community of color specified in section 257.0755 257.076 may select, appoint, and
compensate out of available funds the assistants and employees as deemed necessary to
discharge responsibilities. All employees, except the secretarial and clerical staff, shall
serve at the pleasure of the ombudsperson in the unclassified service. The ombudsperson
and full-time staff shall be members of the Minnesota State Retirement Association.

Sec. 45.

Minnesota Statutes 2014, section 257.0766, subdivision 1, is amended to read:


Subdivision 1.

Specific reports.

An ombudsperson may send conclusions and
suggestions concerning any matter reviewed to the governor and shall provide copies of all
reports to the advisory board and to the groups specified in section 257.0768, subdivision
1
. Before making public a conclusion or recommendation that expressly or implicitly
criticizes an agency, facility, program, or any person, the ombudsperson shall inform the
governor and the affected agency, facility, program, or person concerning the conclusion
or recommendation. When sending a conclusion or recommendation to the governor that
is adverse to an agency, facility, program, or any person, the ombudsperson shall include
any statement of reasonable length made by that agency, facility, program, or person in
defense or mitigation of the ombudsperson's conclusion or recommendation.

Sec. 46.

Minnesota Statutes 2014, section 257.0769, subdivision 1, is amended to read:


Subdivision 1.

Appropriations.

(a) Money is appropriated from in the special fund
authorized by section 256.01, subdivision 2, paragraph (o), to the Indian Affairs Council
may be used for the purposes of sections 257.0755 to 257.0768.

(b) Money is appropriated from the special fund authorized by section 256.01,
subdivision 2
, paragraph (o), to the council on affairs of Chicano/Latino people for the
purposes of sections 257.0755 to 257.0768.

(c) Money is appropriated from the special fund authorized by section 256.01,
subdivision 2
, paragraph (o), to the Council of Black Minnesotans for the purposes of
sections 257.0755 to 257.0768.

(d) Money is appropriated from the special fund authorized by section 256.01,
subdivision 2
, paragraph (o), to the Council on Asian-Pacific Minnesotans for the purposes
of sections 257.0755 to 257.0768.

Sec. 47.

Minnesota Statutes 2014, section 257.75, subdivision 3, is amended to read:


Subd. 3.

Effect of recognition.

(a) Subject to subdivision 2 and section 257.55,
subdivision 1
, paragraph (g) or (h), the recognition has the force and effect of a judgment or
order determining the existence of the parent and child relationship under section 257.66. If
the conditions in section 257.55, subdivision 1, paragraph (g) or (h), exist, the recognition
creates only a presumption of paternity for purposes of sections 257.51 to 257.74. Once a
recognition has been properly executed and filed with the state registrar of vital statistics,
if there are no competing presumptions of paternity, a judicial or administrative court may
not allow further action to determine parentage regarding the signator of the recognition.
An action to determine custody and parenting time may be commenced pursuant to
chapter 518 without an adjudication of parentage. Until an a temporary or permanent
order is entered granting custody to another, the mother has sole custody.

(b) Following commencement of an action to determine custody or parenting time
under chapter 518, the court may, pursuant to section 518.131, grant temporary parenting
time rights and temporary custody to either parent.

(c) The recognition is:

(1) a basis for bringing an action for the following:

(i) to award temporary custody or parenting time pursuant to section 518.131;

(ii) to award permanent custody or parenting time to either parent,;

(iii) establishing a child support obligation which may include up to the two years
immediately preceding the commencement of the action,;

(iv) ordering a contribution by a parent under section 256.87, or;

(v) ordering a contribution to the reasonable expenses of the mother's pregnancy and
confinement, as provided under section 257.66, subdivision 3,; or

(vi) ordering reimbursement for the costs of blood or genetic testing, as provided
under section 257.69, subdivision 2;

(2) determinative for all other purposes related to the existence of the parent and
child relationship; and

(3) entitled to full faith and credit in other jurisdictions.

EFFECTIVE DATE.

This section is effective March 1, 2016.

Sec. 48.

Minnesota Statutes 2014, section 257.75, subdivision 5, is amended to read:


Subd. 5.

Recognition form.

(a) The commissioner of human services shall prepare
a form for the recognition of parentage under this section. In preparing the form, the
commissioner shall consult with the individuals specified in subdivision 6. The recognition
form must be drafted so that the force and effect of the recognition, the alternatives to
executing a recognition, and the benefits and responsibilities of establishing paternity, and
the limitations of the recognition of parentage for purposes of exercising and enforcing
custody or parenting time
are clear and understandable. The form must include a notice
regarding the finality of a recognition and the revocation procedure under subdivision
2. The form must include a provision for each parent to verify that the parent has read
or viewed the educational materials prepared by the commissioner of human services
describing the recognition of paternity. The individual providing the form to the parents
for execution shall provide oral notice of the rights, responsibilities, and alternatives to
executing the recognition. Notice may be provided by audiotape, videotape, or similar
means. Each parent must receive a copy of the recognition.

(b) The form must include the following:

(1) a notice regarding the finality of a recognition and the revocation procedure
under subdivision 2;

(2) a notice, in large print, that the recognition does not establish an enforceable right
to legal custody, physical custody, or parenting time until such rights are awarded pursuant
to a court action to establish custody and parenting time;

(3) a notice stating that when a court awards custody and parenting time under
chapter 518, there is no presumption for or against joint physical custody, except when
domestic abuse, as defined in section 518B.01, subdivision 2, paragraph (a), has occurred
between the parties;

(4) a notice that the recognition of parentage is a basis for:

(i) bringing a court action to award temporary or permanent custody or parenting time;

(ii) establishing a child support obligation that may include the two years
immediately preceding the commencement of the action;

(iii) ordering a contribution by a parent under section 256.87;

(iv) ordering a contribution to the reasonable expenses of the mother's pregnancy
and confinement, as provided under section 257.66, subdivision 3; and

(v) ordering reimbursement for the costs of blood or genetic testing, as provided
under section 257.69, subdivision 2; and

(5) a provision for each parent to verify that the parent has read or viewed the
educational materials prepared by the commissioner of human services describing the
recognition of paternity.

(c) The individual providing the form to the parents for execution shall provide oral
notice of the rights, responsibilities, and alternatives to executing the recognition. Notice
may be provided in audio or video format, or by other similar means. Each parent must
receive a copy of the recognition.

EFFECTIVE DATE.

This section is effective March 1, 2016.

Sec. 49.

Minnesota Statutes 2014, section 259A.75, is amended to read:


259A.75 REIMBURSEMENT OF CERTAIN AGENCY COSTS; PURCHASE
OF SERVICE CONTRACTS AND TRIBAL CUSTOMARY ADOPTIONS.

Subdivision 1.

General information.

(a) Subject to the procedures required by
the commissioner and the provisions of this section, a Minnesota county or tribal social
services agency
shall receive a reimbursement from the commissioner equal to 100 percent
of the reasonable and appropriate cost for contracted adoption placement services identified
for a specific child that are not reimbursed under other federal or state funding sources.

(b) The commissioner may spend up to $16,000 for each purchase of service
contract. Only one contract per child per adoptive placement is permitted. Funds
encumbered and obligated under the contract for the child remain available until the terms
of the contract are fulfilled or the contract is terminated.

(c) The commissioner shall set aside an amount not to exceed five percent of the
total amount of the fiscal year appropriation from the state for the adoption assistance
program to reimburse a Minnesota county or tribal social services placing agencies agency
for child-specific adoption placement services. When adoption assistance payments for
children's needs exceed 95 percent of the total amount of the fiscal year appropriation from
the state for the adoption assistance program, the amount of reimbursement available to
placing agencies for adoption services is reduced correspondingly.

Subd. 2.

Purchase of service contract child eligibility criteria.

(a) A child who is
the subject of a purchase of service contract must:

(1) have the goal of adoption, which may include an adoption in accordance with
tribal law;

(2) be under the guardianship of the commissioner of human services or be a ward of
tribal court pursuant to section 260.755, subdivision 20; and

(3) meet all of the special needs criteria according to section 259A.10, subdivision 2.

(b) A child under the guardianship of the commissioner must have an identified
adoptive parent and a fully executed adoption placement agreement according to section
260C.613, subdivision 1, paragraph (a).

Subd. 3.

Agency eligibility criteria.

(a) A Minnesota county or tribal social
services agency shall receive reimbursement for child-specific adoption placement
services for an eligible child that it purchases from a private adoption agency licensed in
Minnesota or any other state or tribal social services agency.

(b) Reimbursement for adoption services is available only for services provided
prior to the date of the adoption decree.

Subd. 4.

Application and eligibility determination.

(a) A county or tribal social
services agency may request reimbursement of costs for adoption placement services by
submitting a complete purchase of service application, according to the requirements and
procedures and on forms prescribed by the commissioner.

(b) The commissioner shall determine eligibility for reimbursement of adoption
placement services. If determined eligible, the commissioner of human services shall
sign the purchase of service agreement, making this a fully executed contract. No
reimbursement under this section shall be made to an agency for services provided prior to
the fully executed contract.

(c) Separate purchase of service agreements shall be made, and separate records
maintained, on each child. Only one agreement per child per adoptive placement is
permitted. For siblings who are placed together, services shall be planned and provided to
best maximize efficiency of the contracted hours.

Subd. 5.

Reimbursement process.

(a) The agency providing adoption services is
responsible to track and record all service activity, including billable hours, on a form
prescribed by the commissioner. The agency shall submit this form to the state for
reimbursement after services have been completed.

(b) The commissioner shall make the final determination whether or not the
requested reimbursement costs are reasonable and appropriate and if the services have
been completed according to the terms of the purchase of service agreement.

Subd. 6.

Retention of purchase of service records.

Agencies entering into
purchase of service contracts shall keep a copy of the agreements, service records, and all
applicable billing and invoicing according to the department's record retention schedule.
Agency records shall be provided upon request by the commissioner.

Subd. 7.

Tribal customary adoptions.

(a) The commissioner shall enter into
grant contracts with Minnesota tribal social services agencies to provide child-specific
recruitment and adoption placement services for Indian children under the jurisdiction
of tribal court.

(b) Children served under these grant contracts must meet the child eligibility
criteria in subdivision 2.

Sec. 50.

Minnesota Statutes 2014, section 260C.007, subdivision 27, is amended to read:


Subd. 27.

Relative.

"Relative" means a person related to the child by blood,
marriage, or adoption,; the legal parent, guardian, or custodian of the child's siblings; or an
individual who is an important friend with whom the child has resided or had significant
contact. For an Indian child, relative includes members of the extended family as defined
by the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces,
nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1903.

Sec. 51.

Minnesota Statutes 2014, section 260C.007, subdivision 32, is amended to read:


Subd. 32.

Sibling.

"Sibling" means one of two or more individuals who have one or
both parents in common through blood, marriage, or adoption, including. This includes
siblings as defined by the child's tribal code or custom. Sibling also includes an individual
who would have been considered a sibling but for a termination of parental rights of one
or both parents, suspension of parental rights under tribal code, or other disruption of
parental rights such as the death of a parent.

Sec. 52.

Minnesota Statutes 2014, section 260C.203, is amended to read:


260C.203 ADMINISTRATIVE OR COURT REVIEW OF PLACEMENTS.

(a) Unless the court is conducting the reviews required under section 260C.202,
there shall be an administrative review of the out-of-home placement plan of each child
placed in foster care no later than 180 days after the initial placement of the child in foster
care and at least every six months thereafter if the child is not returned to the home of the
parent or parents within that time. The out-of-home placement plan must be monitored and
updated at each administrative review. The administrative review shall be conducted by
the responsible social services agency using a panel of appropriate persons at least one of
whom is not responsible for the case management of, or the delivery of services to, either
the child or the parents who are the subject of the review. The administrative review shall
be open to participation by the parent or guardian of the child and the child, as appropriate.

(b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan
pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph
(d). The party requesting review of the out-of-home placement plan shall give parties to
the proceeding notice of the request to review and update the out-of-home placement
plan. A court review conducted pursuant to section 260C.141, subdivision 2; 260C.193;
260C.201, subdivision 1; 260C.202; 260C.204; 260C.317; or 260D.06 shall satisfy the
requirement for the review so long as the other requirements of this section are met.

(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:

(1) the safety, permanency needs, and well-being of the child;

(2) the continuing necessity for and appropriateness of the placement;

(3) the extent of compliance with the out-of-home placement plan;

(4) the extent of progress that has been made toward alleviating or mitigating the
causes necessitating placement in foster care;

(5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian; and

(6) the appropriateness of the services provided to the child.

(d) When a child is age 16 14 or older, in addition to any administrative review
conducted by the agency, at the in-court review required under section 260C.317,
subdivision 3, clause (3), or 260C.515, subdivision 5 or 6, the court shall review the
independent living plan required under section 260C.212, subdivision 1, paragraph (c),
clause (11) (12), and the provision of services to the child related to the well-being of
the child as the child prepares to leave foster care. The review shall include the actual
plans related to each item in the plan necessary to the child's future safety and well-being
when the child is no longer in foster care.

(e) At the court review required under paragraph (d) for a child age 16 14 or older,
the following procedures apply:

(1) six months before the child is expected to be discharged from foster care, the
responsible social services agency shall give the written notice required under section
260C.451, subdivision 1, regarding the right to continued access to services for certain
children in foster care past age 18 and of the right to appeal a denial of social services
under section 256.045. The agency shall file a copy of the notice, including the right to
appeal a denial of social services, with the court. If the agency does not file the notice by
the time the child is age 17-1/2, the court shall require the agency to give it;

(2) consistent with the requirements of the independent living plan, the court shall
review progress toward or accomplishment of the following goals:

(i) the child has obtained a high school diploma or its equivalent;

(ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;

(iii) the child is employed or enrolled in postsecondary education;

(iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;

(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;

(vi) the child has applied for and obtained disability income assistance for which
the child is eligible;

(vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;

(viii) the child has saved sufficient funds to pay for the first month's rent and a
damage deposit;

(ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;

(x) the child, if male, has registered for the Selective Service; and

(xi) the child has a permanent connection to a caring adult; and

(3) the court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, tribal enrollment identification card, green card, or
school visa; the child's school, medical, and dental records; a contact list of the child's
medical, dental, and mental health providers; and contact information for the child's
siblings, if the siblings are in foster care.

(f) For a child who will be discharged from foster care at age 18 or older, the
responsible social services agency is required to develop a personalized transition plan as
directed by the youth. The transition plan must be developed during the 90-day period
immediately prior to the expected date of discharge. The transition plan must be as
detailed as the child may elect and include specific options on housing, health insurance,
education, local opportunities for mentors and continuing support services, and work force
supports and employment services. The agency shall ensure that the youth receives, at
no cost to the youth, a copy of the youth's consumer credit report as defined in section
13C.001 and assistance in interpreting and resolving any inaccuracies in the report. The
plan must include information on the importance of designating another individual to
make health care treatment decisions on behalf of the child if the child becomes unable
to participate in these decisions and the child does not have, or does not want, a relative
who would otherwise be authorized to make these decisions. The plan must provide the
child with the option to execute a health care directive as provided under chapter 145C.
The agency shall also provide the youth with appropriate contact information if the youth
needs more information or needs help dealing with a crisis situation through age 21.

Sec. 53.

Minnesota Statutes 2014, section 260C.212, subdivision 1, is amended to read:


Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document which is prepared
by the responsible social services agency jointly with the parent or parents or guardian
of the child and in consultation with the child's guardian ad litem, the child's tribe, if the
child is an Indian child, the child's foster parent or representative of the foster care facility,
and, where appropriate, the child. When a child is age 14 or older, the child may include
two other individuals on the team preparing the child's out-of-home placement plan.
For
a child in voluntary foster care for treatment under chapter 260D, preparation of the
out-of-home placement plan shall additionally include the child's mental health treatment
provider. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad
litem, a representative of the child's tribe, the responsible social services agency, and, if
possible, the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
and how the placement is consistent with the best interests and special needs of the child
according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make in order for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate
or correct the problems or conditions identified in clause (2), and the time period during
which the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
to achieve a safe and stable home for the child including social and other supportive
services to be provided or offered to the parent or parents or guardian of the child, the
child, and the residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if
not, the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined
in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
together in foster care, and whether visitation is consistent with the best interest of the
child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation
of steps to finalize adoption as the permanency plan for the child, including: (i) through
reasonable efforts to place the child for adoption. At a minimum, the documentation must
include consideration of whether adoption is in the best interests of the child, child-specific
recruitment efforts such as relative search and the use of state, regional, and national
adoption exchanges to facilitate orderly and timely placements in and outside of the state.
A copy of this documentation shall be provided to the court in the review required under
section 260C.317, subdivision 3, paragraph (b); and

(ii) documentation necessary to support the requirements of the kinship placement
agreement under section 256N.22 when adoption is determined not to be in the child's
best interests;
(7) when a child cannot return to or be in the care of either parent,
documentation of steps to finalize the transfer of permanent legal and physical custody
to a relative as the permanency plan for the child. This documentation must support the
requirements of the kinship placement agreement under section 256N.22 and must include
the reasonable efforts used to determine that it is not appropriate for the child to return
home or be adopted, and reasons why permanent placement with a relative through a
Northstar kinship assistance arrangement is in the child's best interest; how the child meets
the eligibility requirements for Northstar kinship assistance payments; agency efforts to
discuss adoption with the child's relative foster parent and reasons why the relative foster
parent chose not to pursue adoption, if applicable; and agency efforts to discuss with the
child's parent or parents the permanent transfer of permanent legal and physical custody or
the reasons why these efforts were not made;

(7) (8) efforts to ensure the child's educational stability while in foster care, including:

(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another,
including efforts to work with the local education authorities to ensure the child's
educational stability; or

(ii) if it is not in the child's best interest to remain in the same school that the child
was enrolled in prior to placement or move from one placement to another, efforts to
ensure immediate and appropriate enrollment for the child in a new school;

(8) (9) the educational records of the child including the most recent information
available regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(9) (10) the efforts by the local agency to ensure the oversight and continuity of
health care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, will be monitored and treated while the child is in foster care;

(iii) how the child's medical information will be updated and shared, including
the child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals
will be consulted and involved in assessing the health and well-being of the child and
determine the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through
either medical insurance or medical assistance;

(10) (11) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable
diseases as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for
medical insurance or medical assistance;

(11) (12) an independent living plan for a child age 16 14 or older. The plan should
include, but not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a
driver's license;

(iv) money management, including the responsibility of the agency to ensure that
the youth annually receives, at no cost to the youth, a consumer report as defined under
section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;

(v) planning for housing;

(vi) social and recreational skills; and

(vii) establishing and maintaining connections with the child's family and
community; and

(viii) regular opportunities to engage in age-appropriate or developmentally
appropriate activities typical for the child's age group, taking into consideration the
capacities of the individual child; and

(12) (13) for a child in voluntary foster care for treatment under chapter 260D,
diagnostic and assessment information, specific services relating to meeting the mental
health care needs of the child, and treatment outcomes.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time
of placement of the child. The child shall also have the right to a guardian ad litem.
If unable to employ counsel from their own resources, the court shall appoint counsel
upon the request of the parent or parents or the child or the child's legal guardian. The
parent or parents may also receive assistance from any person or social services agency
in preparation of the case plan.

After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan
and shall be provided a copy of the plan.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.

Sec. 54.

Minnesota Statutes 2014, section 260C.212, is amended by adding a
subdivision to read:


Subd. 13.

Protecting missing and runaway children and youth at risk of sex
trafficking.

(a) The local social services agency shall expeditiously locate any child
missing from foster care.

(b) The local social services agency shall report immediately, but no later than
24 hours, after receiving information on a missing or abducted child to the local law
enforcement agency for entry into the National Crime Information Center (NCIC)
database of the Federal Bureau of Investigation, and to the National Center for Missing
and Exploited Children.

(c) The local social services agency shall not discharge a child from foster care or
close the social services case until diligent efforts have been exhausted to locate the child
and the court terminates the agency's jurisdiction.

(d) The local social services agency shall determine the primary factors that
contributed to the child's running away or otherwise being absent from care and, to
the extent possible and appropriate, respond to those factors in current and subsequent
placements.

(e) The local social services agency shall determine what the child experienced
while absent from care, including screening the child to determine if the child is a possible
sex trafficking victim as defined in section 609.321, subdivision 7b.

(f) The local social services agency shall report immediately, but no later than 24
hours, to the local law enforcement agency any reasonable cause to believe a child is, or is
at risk of being, a sex trafficking victim.

(g) The local social services agency shall determine appropriate services as described
in section 145.4717 with respect to any child for whom the local social services agency has
responsibility for placement, care, or supervision when the local social services agency
has reasonable cause to believe the child is, or is at risk of being, a sex trafficking victim.

Sec. 55.

Minnesota Statutes 2014, section 260C.212, is amended by adding a
subdivision to read:


Subd. 14.

Support age-appropriate and developmentally appropriate activities
for foster children.

Responsible social services agencies and child-placing agencies shall
support a foster child's emotional and developmental growth by permitting the child
to participate in activities or events that are generally accepted as suitable for children
of the same chronological age or are developmentally appropriate for the child. Foster
parents and residential facility staff are permitted to allow foster children to participate in
extracurricular, social, or cultural activities that are typical for the child's age by applying
reasonable and prudent parenting standards. Reasonable and prudent parenting standards
are characterized by careful and sensible parenting decisions that maintain the child's
health and safety, and are made in the child's best interest.

Sec. 56.

Minnesota Statutes 2014, section 260C.221, is amended to read:


260C.221 RELATIVE SEARCH.

(a) The responsible social services agency shall exercise due diligence to identify
and notify adult relatives prior to placement or within 30 days after the child's removal
from the parent. The county agency shall consider placement with a relative under this
section without delay and whenever the child must move from or be returned to foster
care. The relative search required by this section shall be comprehensive in scope. After a
finding that the agency has made reasonable efforts to conduct the relative search under
this paragraph, the agency has the continuing responsibility to appropriately involve
relatives, who have responded to the notice required under this paragraph, in planning
for the child and to continue to consider relatives according to the requirements of
section 260C.212, subdivision 2. At any time during the course of juvenile protection
proceedings, the court may order the agency to reopen its search for relatives when it is in
the child's best interest to do so.

(b) The relative search required by this section shall include both maternal relatives
and paternal adult relatives of the child; all adult grandparents; all legal parents, guardians
or custodians; the child's siblings; and any other adult relatives suggested by the child's
parents, subject to the exceptions due to family violence in paragraph (c)
. The search shall
also include getting information from the child in an age-appropriate manner about who
the child considers to be family members and important friends with whom the child has
resided or had significant contact. The relative search required under this section must
fulfill the agency's duties under the Indian Child Welfare Act regarding active efforts
to prevent the breakup of the Indian family under United States Code, title 25, section
1912(d), and to meet placement preferences under United States Code, title 25, section
1915. The relatives must be notified:

(1) of the need for a foster home for the child, the option to become a placement
resource for the child, and the possibility of the need for a permanent placement for the
child;

(2) of their responsibility to keep the responsible social services agency and the court
informed of their current address in order to receive notice in the event that a permanent
placement is sought for the child and to receive notice of the permanency progress review
hearing under section 260C.204. A relative who fails to provide a current address to the
responsible social services agency and the court forfeits the right to receive notice of the
possibility of permanent placement and of the permanency progress review hearing under
section 260C.204. A decision by a relative not to be identified as a potential permanent
placement resource or participate in planning for the child at the beginning of the case
shall not affect whether the relative is considered for placement of the child with that
relative later;

(3) that the relative may participate in the care and planning for the child, including
that the opportunity for such participation may be lost by failing to respond to the notice
sent under this subdivision. "Participate in the care and planning" includes, but is not
limited to, participation in case planning for the parent and child, identifying the strengths
and needs of the parent and child, supervising visits, providing respite and vacation visits
for the child, providing transportation to appointments, suggesting other relatives who
might be able to help support the case plan, and to the extent possible, helping to maintain
the child's familiar and regular activities and contact with friends and relatives;

(4) of the family foster care licensing requirements, including how to complete an
application and how to request a variance from licensing standards that do not present a
safety or health risk to the child in the home under section 245A.04 and supports that are
available for relatives and children who reside in a family foster home; and

(5) of the relatives' right to ask to be notified of any court proceedings regarding
the child, to attend the hearings, and of a relative's right or opportunity to be heard by the
court as required under section 260C.152, subdivision 5.

(b) (c) A responsible social services agency may disclose private data, as defined
in sections 13.02 and 626.556, to relatives of the child for the purpose of locating and
assessing a suitable placement and may use any reasonable means of identifying and
locating relatives including the Internet or other electronic means of conducting a search.
The agency shall disclose data that is necessary to facilitate possible placement with
relatives and to ensure that the relative is informed of the needs of the child so the
relative can participate in planning for the child and be supportive of services to the child
and family. If the child's parent refuses to give the responsible social services agency
information sufficient to identify the maternal and paternal relatives of the child, the
agency shall ask the juvenile court to order the parent to provide the necessary information.
If a parent makes an explicit request that a specific relative not be contacted or considered
for placement due to safety reasons including past family or domestic violence, the agency
shall bring the parent's request to the attention of the court to determine whether the
parent's request is consistent with the best interests of the child and the agency shall not
contact the specific relative when the juvenile court finds that contacting the specific
relative would endanger the parent, guardian, child, sibling, or any family member.

(c) (d) At a regularly scheduled hearing not later than three months after the child's
placement in foster care and as required in section 260C.202, the agency shall report to
the court:

(1) its efforts to identify maternal and paternal relatives of the child and to engage
the relatives in providing support for the child and family, and document that the relatives
have been provided the notice required under paragraph (a); and

(2) its decision regarding placing the child with a relative as required under section
260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in
order to support family connections for the child, when placement with a relative is not
possible or appropriate.

(d) (e) Notwithstanding chapter 13, the agency shall disclose data about particular
relatives identified, searched for, and contacted for the purposes of the court's review of
the agency's due diligence.

(e) (f) When the court is satisfied that the agency has exercised due diligence to
identify relatives and provide the notice required in paragraph (a), the court may find that
reasonable efforts have been made to conduct a relative search to identify and provide
notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the
court is not satisfied that the agency has exercised due diligence to identify relatives and
provide the notice required in paragraph (a), the court may order the agency to continue its
search and notice efforts and to report back to the court.

(f) (g) When the placing agency determines that permanent placement proceedings
are necessary because there is a likelihood that the child will not return to a parent's
care, the agency must send the notice provided in paragraph (g) (h), may ask the court to
modify the duty of the agency to send the notice required in paragraph (g) (h), or may
ask the court to completely relieve the agency of the requirements of paragraph (g) (h).
The relative notification requirements of paragraph (g) (h) do not apply when the child is
placed with an appropriate relative or a foster home that has committed to adopting the
child or taking permanent legal and physical custody of the child and the agency approves
of that foster home for permanent placement of the child. The actions ordered by the
court under this section must be consistent with the best interests, safety, permanency,
and welfare of the child.

(g) (h) Unless required under the Indian Child Welfare Act or relieved of this duty
by the court under paragraph (e) (f), when the agency determines that it is necessary to
prepare for permanent placement determination proceedings, or in anticipation of filing a
termination of parental rights petition, the agency shall send notice to the relatives, any
adult with whom the child is currently residing, any adult with whom the child has resided
for one year or longer in the past, and any adults who have maintained a relationship or
exercised visitation with the child as identified in the agency case plan. The notice must
state that a permanent home is sought for the child and that the individuals receiving the
notice may indicate to the agency their interest in providing a permanent home. The notice
must state that within 30 days of receipt of the notice an individual receiving the notice must
indicate to the agency the individual's interest in providing a permanent home for the child
or that the individual may lose the opportunity to be considered for a permanent placement.

Sec. 57.

Minnesota Statutes 2014, section 260C.331, subdivision 1, is amended to read:


Subdivision 1.

Care, examination, or treatment.

(a) Except where parental rights
are terminated,

(1) whenever legal custody of a child is transferred by the court to a responsible
social services agency,

(2) whenever legal custody is transferred to a person other than the responsible social
services agency, but under the supervision of the responsible social services agency, or

(3) whenever a child is given physical or mental examinations or treatment under
order of the court, and no provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge upon the welfare funds of
the county in which proceedings are held upon certification of the judge of juvenile court.

(b) The court shall order, and the responsible social services agency shall require,
the parents or custodian of a child, while the child is under the age of 18, to use the
total income and resources attributable to the child for the period of care, examination,
or treatment, except for clothing and personal needs allowance as provided in section
256B.35, to reimburse the county for the cost of care, examination, or treatment. Income
and resources attributable to the child include, but are not limited to, Social Security
benefits, Supplemental Security Income (SSI), veterans benefits, railroad retirement
benefits and child support. When the child is over the age of 18, and continues to receive
care, examination, or treatment, the court shall order, and the responsible social services
agency shall require, reimbursement from the child for the cost of care, examination, or
treatment from the income and resources attributable to the child less the clothing and
personal needs allowance. Income does not include earnings from a child over the age of
18 who is working as part of a plan under section 260C.212, subdivision 1, paragraph (c),
clause (11) (12), to transition from foster care, or the income and resources from sources
other than Supplemental Security Income and child support that are needed to complete
the requirements listed in section 260C.203.

(c) If the income and resources attributable to the child are not enough to reimburse
the county for the full cost of the care, examination, or treatment, the court shall inquire
into the ability of the parents to support the child and, after giving the parents a reasonable
opportunity to be heard, the court shall order, and the responsible social services agency
shall require, the parents to contribute to the cost of care, examination, or treatment of
the child. When determining the amount to be contributed by the parents, the court shall
use a fee schedule based upon ability to pay that is established by the responsible social
services agency and approved by the commissioner of human services. The income of
a stepparent who has not adopted a child shall be excluded in calculating the parental
contribution under this section.

(d) The court shall order the amount of reimbursement attributable to the parents
or custodian, or attributable to the child, or attributable to both sources, withheld under
chapter 518A from the income of the parents or the custodian of the child. A parent or
custodian who fails to pay without good reason may be proceeded against for contempt, or
the court may inform the county attorney, who shall proceed to collect the unpaid sums,
or both procedures may be used.

(e) If the court orders a physical or mental examination for a child, the examination
is a medically necessary service for purposes of determining whether the service is
covered by a health insurance policy, health maintenance contract, or other health
coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan
requirements for medical necessity. Nothing in this paragraph changes or eliminates
benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions,
or other requirements in the policy, contract, or plan that relate to coverage of other
medically necessary services.

(f) Notwithstanding paragraph (b), (c), or (d), a parent, custodian, or guardian of the
child is not required to use income and resources attributable to the child to reimburse
the county for costs of care and is not required to contribute to the cost of care of the
child during any period of time when the child is returned to the home of that parent,
custodian, or guardian pursuant to a trial home visit under section 260C.201, subdivision
1
, paragraph (a).

Sec. 58.

Minnesota Statutes 2014, section 260C.451, subdivision 2, is amended to read:


Subd. 2.

Independent living plan.

Upon the request of any child in foster care
immediately prior to the child's 18th birthday and who is in foster care at the time
of the request, the responsible social services agency shall, in conjunction with the
child and other appropriate parties, update the independent living plan required under
section 260C.212, subdivision 1, paragraph (c), clause (11) (12), related to the child's
employment, vocational, educational, social, or maturational needs. The agency shall
provide continued services and foster care for the child including those services that are
necessary to implement the independent living plan.

Sec. 59.

Minnesota Statutes 2014, section 260C.451, subdivision 6, is amended to read:


Subd. 6.

Reentering foster care and accessing services after age 18.

(a)
Upon request of an individual between the ages of 18 and 21 who had been under the
guardianship of the commissioner and who has left foster care without being adopted, the
responsible social services agency which had been the commissioner's agent for purposes
of the guardianship shall develop with the individual a plan to increase the individual's
ability to live safely and independently using the plan requirements of section 260C.212,
subdivision 1
, paragraph (b) (c), clause (11) (12), and to assist the individual to meet
one or more of the eligibility criteria in subdivision 4 if the individual wants to reenter
foster care. The agency shall provide foster care as required to implement the plan. The
agency shall enter into a voluntary placement agreement under section 260C.229 with the
individual if the plan includes foster care.

(b) Individuals who had not been under the guardianship of the commissioner of
human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter
foster care after age 18 and, to the extent funds are available, the responsible social
services agency that had responsibility for planning for the individual before discharge
from foster care may provide foster care or other services to the individual for the purpose
of increasing the individual's ability to live safely and independently and to meet the
eligibility criteria in subdivision 3a, if the individual:

(1) was in foster care for the six consecutive months prior to the person's 18th
birthday and was not discharged home, adopted, or received into a relative's home under a
transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or

(2) was discharged from foster care while on runaway status after age 15.

(c) In conjunction with a qualifying and eligible individual under paragraph (b) and
other appropriate persons, the responsible social services agency shall develop a specific
plan related to that individual's vocational, educational, social, or maturational needs
and, to the extent funds are available, provide foster care as required to implement the
plan. The agency shall enter into a voluntary placement agreement with the individual
if the plan includes foster care.

(d) Youth who left foster care while under guardianship of the commissioner of
human services retain eligibility for foster care for placement at any time between the
ages of 18 and 21.

Sec. 60.

Minnesota Statutes 2014, section 260C.515, subdivision 5, is amended to read:


Subd. 5.

Permanent custody to agency.

The court may order permanent custody to
the responsible social services agency for continued placement of the child in foster care
but only if it approves the responsible social services agency's compelling reasons that no
other permanency disposition order is in the child's best interests and:

(1) the child has reached age 12 16 and has been asked about the child's desired
permanency outcome
;

(2) the child is a sibling of a child described in clause (1) and the siblings have a
significant positive relationship and are ordered into the same foster home;

(3) (2) the responsible social services agency has made reasonable efforts to locate
and place the child with an adoptive family or a fit and willing relative who would either
agree to adopt the child or to a transfer of permanent legal and physical custody of the
child, but these efforts have not proven successful; and

(4) (3) the parent will continue to have visitation or contact with the child and will
remain involved in planning for the child.

Sec. 61.

Minnesota Statutes 2014, section 260C.521, subdivision 1, is amended to read:


Subdivision 1.

Child in permanent custody of responsible social services agency.

(a) Court reviews of an order for permanent custody to the responsible social services
agency for placement of the child in foster care must be conducted at least yearly at an
in-court appearance hearing.

(b) The purpose of the review hearing is to ensure:

(1) the order for permanent custody to the responsible social services agency for
placement of the child in foster care continues to be in the best interests of the child and
that no other permanency disposition order is in the best interests of the child;

(2) that the agency is assisting the child to build connections to the child's family
and community; and

(3) that the agency is appropriately planning with the child for development of
independent living skills for the child and, as appropriate, for the orderly and successful
transition to independent living that may occur if the child continues in foster care without
another permanency disposition order.

(c) The court must review the child's out-of-home placement plan and the reasonable
efforts of the agency to finalize an alternative permanent plan for the child including the
agency's efforts to:

(1) ensure that permanent custody to the agency with placement of the child in
foster care continues to be the most appropriate legal arrangement for meeting the child's
need for permanency and stability or, if not, to identify and attempt to finalize another
permanency disposition order under this chapter that would better serve the child's needs
and best interests;

(2) identify a specific foster home for the child, if one has not already been identified;

(3) support continued placement of the child in the identified home, if one has been
identified;

(4) ensure appropriate services are provided to address the physical health, mental
health, and educational needs of the child during the period of foster care and also ensure
appropriate services or assistance to maintain relationships with appropriate family
members and the child's community; and

(5) plan for the child's independence upon the child's leaving foster care living as
required under section 260C.212, subdivision 1.

(d) The court may find that the agency has made reasonable efforts to finalize the
permanent plan for the child when:

(1) the agency has made reasonable efforts to identify a more legally permanent
home for the child than is provided by an order for permanent custody to the agency
for placement in foster care; and

(2) the child has been asked about the child's desired permanency outcome; and

(2) (3) the agency's engagement of the child in planning for independent living is
reasonable and appropriate.

Sec. 62.

Minnesota Statutes 2014, section 260C.521, subdivision 2, is amended to read:


Subd. 2.

Modifying order for permanent legal and physical custody to a
relative.

(a) An order for a relative to have permanent legal and physical custody of a
child may be modified using standards under sections 518.18 and 518.185.

(b) When a child is receiving Northstar kinship assistance under chapter 256N, if
a relative named as permanent legal and physical custodian in an order made under this
chapter becomes incapacitated or dies, a successor custodian named in the Northstar
Care for Children kinship assistance benefit agreement under section 256N.25 may file
a request to modify the order for permanent legal and physical custody to name the
successor custodian as the permanent legal and physical custodian of the child. The court
may modify the order to name the successor custodian as the permanent legal and physical
custodian upon reviewing the background study required under section 245C.33 if the
court finds the modification is in the child's best interests.

(c) The social services agency is a party to the proceeding and must receive notice.

Sec. 63.

Minnesota Statutes 2014, section 260C.607, subdivision 4, is amended to read:


Subd. 4.

Content of review.

(a) The court shall review:

(1) the agency's reasonable efforts under section 260C.605 to finalize an adoption
for the child as appropriate to the stage of the case; and

(2) the child's current out-of-home placement plan required under section 260C.212,
subdivision 1, to ensure the child is receiving all services and supports required to meet
the child's needs as they relate to the child's:

(i) placement;

(ii) visitation and contact with siblings;

(iii) visitation and contact with relatives;

(iv) medical, mental, and dental health; and

(v) education.

(b) When the child is age 16 14 and older, and as long as the child continues in foster
care, the court shall also review the agency's planning for the child's independent living
after leaving foster care including how the agency is meeting the requirements of section
260C.212, subdivision 1, paragraph (c), clause (11) (12). The court shall use the review
requirements of section 260C.203 in any review conducted under this paragraph.

Sec. 64.

Minnesota Statutes 2014, section 290.0671, subdivision 6, is amended to read:


Subd. 6.

Appropriation.

An amount sufficient to pay the refunds required by
this section is appropriated to the commissioner from the general fund. This amount
includes any amounts appropriated to the commissioner of human services from the
federal Temporary Assistance for Needy Families (TANF) block grant funds for transfer
to the commissioner of revenue.

EFFECTIVE DATE.

This section is effective for fiscal year 2016 and thereafter.

Sec. 65.

Minnesota Statutes 2014, section 518A.26, subdivision 14, is amended to read:


Subd. 14.

Obligor.

"Obligor" means a person obligated to pay maintenance or
support. A person who has primary physical custody of a child is presumed not to be
an obligor for purposes of a child support order under section 518A.34, unless section
518A.36, subdivision 3, applies or the court makes specific written findings to overcome
this presumption.
For purposes of ordering medical support under section 518A.41, a
parent who has primary physical custody of a child may be an obligor subject to a payment
agreement under section 518A.69.

EFFECTIVE DATE.

This section is effective March 1, 2016.

Sec. 66.

Minnesota Statutes 2014, section 518A.32, subdivision 2, is amended to read:


Subd. 2.

Methods.

Determination of potential income must be made according
to one of three methods, as appropriate:

(1) the parent's probable earnings level based on employment potential, recent
work history, and occupational qualifications in light of prevailing job opportunities and
earnings levels in the community;

(2) if a parent is receiving unemployment compensation or workers' compensation,
that parent's income may be calculated using the actual amount of the unemployment
compensation or workers' compensation benefit received; or

(3) the amount of income a parent could earn working full time at 150 30 hours per
week at 100
percent of the current federal or state minimum wage, whichever is higher.

EFFECTIVE DATE.

This section is effective March 1, 2016.

Sec. 67.

Minnesota Statutes 2014, section 518A.39, subdivision 1, is amended to read:


Subdivision 1.

Authority.

After an order under this chapter or chapter 518 for
maintenance or support money, temporary or permanent, or for the appointment of trustees
to receive property awarded as maintenance or support money, the court may from time to
time, on motion of either of the parties, a copy of which is served on the public authority
responsible for child support enforcement if payments are made through it, or on motion
of the public authority responsible for support enforcement, modify the order respecting
the amount of maintenance or support money or medical support, and the payment of it,
and also respecting the appropriation and payment of the principal and income of property
held in trust, and may make an order respecting these matters which it might have made
in the original proceeding, except as herein otherwise provided. A party or the public
authority also may bring a motion for contempt of court if the obligor is in arrears in
support or maintenance payments.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 68.

Minnesota Statutes 2014, section 518A.39, is amended by adding a
subdivision to read:


Subd. 8.

Medical support-only modification.

(a) The medical support terms of
a support order and determination of the child dependency tax credit may be modified
without modification of the full order for support or maintenance, if the order has been
established or modified in its entirety within three years from the date of the motion, and
upon a showing of one or more of the following:

(1) a change in the availability of appropriate health care coverage or a substantial
increase or decrease in health care coverage costs;

(2) a change in the eligibility for medical assistance under chapter 256B;

(3) a party's failure to carry court-ordered coverage, or to provide other medical
support as ordered;

(4) the federal child dependency tax credit is not ordered for the same parent who is
ordered to carry health care coverage; or

(5) the federal child dependency tax credit is not addressed in the order and the
noncustodial parent is ordered to carry health care coverage.

(b) For a motion brought under this subdivision, a modification of the medical
support terms of an order may be made retroactive only with respect to any period during
which the petitioning party has pending a motion for modification, but only from the date
of service of notice of the motion on the responding party and on the public authority if
public assistance is being furnished or the county attorney is the attorney of record.

(c) The court need not hold an evidentiary hearing on a motion brought under this
subdivision for modification of medical support only.

(d) Sections 518.14 and 518A.735 shall govern the award of attorney fees for
motions brought under this subdivision.

(e) The PICS originally stated in the order being modified shall be used to determine
the modified medical support order under section 518A.41 for motions brought under
this subdivision.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 69.

Minnesota Statutes 2014, section 518A.41, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

The definitions in this subdivision apply to this chapter
and chapter 518.

(a) "Health care coverage" means medical, dental, or other health care benefits that
are provided by one or more health plans. Health care coverage does not include any
form of public coverage.

(b) "Health carrier" means a carrier as defined in sections 62A.011, subdivision
2
, and 62L.02, subdivision 16.

(c) "Health plan" means a plan, other than any form of public coverage, that provides
medical, dental, or other health care benefits and is:

(1) provided on an individual or group basis;

(2) provided by an employer or union;

(3) purchased in the private market; or

(4) available to a person eligible to carry insurance for the joint child, including a
party's spouse or parent.

Health plan includes, but is not limited to, a plan meeting the definition under section
62A.011, subdivision 3, except that the exclusion of coverage designed solely to provide
dental or vision care under section 62A.011, subdivision 3, clause (6), does not apply to
the definition of health plan under this section; a group health plan governed under the
federal Employee Retirement Income Security Act of 1974 (ERISA); a self-insured plan
under sections 43A.23 to 43A.317 and 471.617; and a policy, contract, or certificate issued
by a community-integrated service network licensed under chapter 62N.

(d) "Medical support" means providing health care coverage for a joint child by
carrying health care coverage for the joint child or by contributing to the cost of health
care coverage, public coverage, unreimbursed medical expenses, and uninsured medical
expenses of the joint child.

(e) "National medical support notice" means an administrative notice issued by the
public authority to enforce health insurance provisions of a support order in accordance
with Code of Federal Regulations, title 45, section 303.32, in cases where the public
authority provides support enforcement services.

(f) "Public coverage" means health care benefits provided by any form of medical
assistance under chapter 256B or MinnesotaCare under chapter 256L. Public coverage
does not include MinnesotaCare or health plans subsidized by federal premium tax credits
or federal cost-sharing reductions.

(g) "Uninsured medical expenses" means a joint child's reasonable and necessary
health-related expenses if the joint child is not covered by a health plan or public coverage
when the expenses are incurred.

(h) "Unreimbursed medical expenses" means a joint child's reasonable and necessary
health-related expenses if a joint child is covered by a health plan or public coverage and
the plan or coverage does not pay for the total cost of the expenses when the expenses
are incurred. Unreimbursed medical expenses do not include the cost of premiums.
Unreimbursed medical expenses include, but are not limited to, deductibles, co-payments,
and expenses for orthodontia, and prescription eyeglasses and contact lenses, but not
over-the-counter medications if coverage is under a health plan.

Sec. 70.

Minnesota Statutes 2014, section 518A.41, subdivision 3, is amended to read:


Subd. 3.

Determining appropriate health care coverage.

In determining whether
a parent has appropriate health care coverage for the joint child, the court must consider
the following factors:

(1) comprehensiveness of health care coverage providing medical benefits.
Dependent health care coverage providing medical benefits is presumed comprehensive if
it includes medical and hospital coverage and provides for preventive, emergency, acute,
and chronic care; or if it meets the minimum essential coverage definition in United States
Code, title 26, section 5000A(f)
. If both parents have health care coverage providing
medical benefits that is presumed comprehensive under this paragraph, the court must
determine which parent's coverage is more comprehensive by considering what other
benefits are included in the coverage;

(2) accessibility. Dependent health care coverage is accessible if the covered joint
child can obtain services from a health plan provider with reasonable effort by the parent
with whom the joint child resides. Health care coverage is presumed accessible if:

(i) primary care is available within 30 minutes or 30 miles of the joint child's residence
and specialty care is available within 60 minutes or 60 miles of the joint child's residence;

(ii) the health care coverage is available through an employer and the employee can
be expected to remain employed for a reasonable amount of time; and

(iii) no preexisting conditions exist to unduly delay enrollment in health care
coverage;

(3) the joint child's special medical needs, if any; and

(4) affordability. Dependent health care coverage is affordable if it is reasonable
in cost. If both parents have health care coverage available for a joint child that is
comparable with regard to comprehensiveness of medical benefits, accessibility, and the
joint child's special needs, the least costly health care coverage is presumed to be the most
appropriate health care coverage for the joint child.

Sec. 71.

Minnesota Statutes 2014, section 518A.41, subdivision 4, is amended to read:


Subd. 4.

Ordering health care coverage.

(a) If a joint child is presently enrolled
in health care coverage, the court must order that the parent who currently has the joint
child enrolled continue that enrollment unless the parties agree otherwise or a party
requests a change in coverage and the court determines that other health care coverage is
more appropriate.

(b) If a joint child is not presently enrolled in health care coverage providing medical
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate health care coverage providing medical benefits
for the joint child.

(c) If only one parent has appropriate health care coverage providing medical
benefits available, the court must order that parent to carry the coverage for the joint child.

(d) If both parents have appropriate health care coverage providing medical benefits
available, the court must order the parent with whom the joint child resides to carry the
coverage for the joint child, unless:

(1) a party expresses a preference for health care coverage providing medical
benefits available through the parent with whom the joint child does not reside;

(2) the parent with whom the joint child does not reside is already carrying
dependent health care coverage providing medical benefits for other children and the cost
of contributing to the premiums of the other parent's coverage would cause the parent with
whom the joint child does not reside extreme hardship; or

(3) the parties agree as to which parent will carry health care coverage providing
medical benefits and agree on the allocation of costs.

(e) If the exception in paragraph (d), clause (1) or (2), applies, the court must
determine which parent has the most appropriate coverage providing medical benefits
available and order that parent to carry coverage for the joint child.

(f) If neither parent has appropriate health care coverage available, the court must
order the parents to:

(1) contribute toward the actual health care costs of the joint children based on
a pro rata share; or

(2) if the joint child is receiving any form of public coverage, the parent with whom
the joint child does not reside shall contribute a monthly amount toward the actual cost of
public coverage. The amount of the noncustodial parent's contribution is determined by
applying the noncustodial parent's PICS to the premium schedule for public coverage scale
for MinnesotaCare under section 256L.15, subdivision 2, paragraph (d)
. If the noncustodial
parent's PICS meets the eligibility requirements for public coverage MinnesotaCare, the
contribution is the amount the noncustodial parent would pay for the child's premium. If
the noncustodial parent's PICS exceeds the eligibility requirements for public coverage, the
contribution is the amount of the premium for the highest eligible income on the appropriate
premium schedule for public coverage scale for MinnesotaCare under section 256L.15,
subdivision 2, paragraph (d)
. For purposes of determining the premium amount, the
noncustodial parent's household size is equal to one parent plus the child or children who
are the subject of the child support order. The custodial parent's obligation is determined
under the requirements for public coverage as set forth in chapter 256B or 256L.; or

(3) if the noncustodial parent's PICS meet the eligibility requirement for public
coverage under chapter 256B or the noncustodial parent receives public assistance, the
noncustodial parent must not be ordered to contribute toward the cost of public coverage.

(g) If neither parent has appropriate health care coverage available, the court may
order the parent with whom the child resides to apply for public coverage for the child.

(h) The commissioner of human services must publish a table with the premium
schedule for public coverage and update the chart for changes to the schedule by July
1 of each year.

(i) If a joint child is not presently enrolled in health care coverage providing dental
benefits, upon motion of a parent or the public authority, the court must determine whether
one or both parents have appropriate dental health care coverage for the joint child, and the
court may order a parent with appropriate dental health care coverage available to carry
the coverage for the joint child.

(j) If a joint child is not presently enrolled in available health care coverage
providing benefits other than medical benefits or dental benefits, upon motion of a parent
or the public authority, the court may determine whether that other health care coverage
for the joint child is appropriate, and the court may order a parent with that appropriate
health care coverage available to carry the coverage for the joint child.

EFFECTIVE DATE.

This section is effective August 1, 2015.

Sec. 72.

Minnesota Statutes 2014, section 518A.41, subdivision 14, is amended to read:


Subd. 14.

Child support enforcement services.

The public authority must take
necessary steps to establish and enforce, enforce, and modify an order for medical support
if the joint child receives public assistance or a party completes an application for services
from the public authority under section 518A.51.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 73.

Minnesota Statutes 2014, section 518A.41, subdivision 15, is amended to read:


Subd. 15.

Enforcement.

(a) Remedies available for collecting and enforcing child
support apply to medical support.

(b) For the purpose of enforcement, the following are additional support:

(1) the costs of individual or group health or hospitalization coverage;

(2) dental coverage;

(3) medical costs ordered by the court to be paid by either party, including health
care coverage premiums paid by the obligee because of the obligor's failure to obtain
coverage as ordered; and

(4) liabilities established under this subdivision.

(c) A party who fails to carry court-ordered dependent health care coverage is liable
for the joint child's uninsured medical expenses unless a court order provides otherwise.
A party's failure to carry court-ordered coverage, or to provide other medical support as
ordered, is a basis for modification of a medical support order under section 518A.39,
subdivision 2
8, unless it meets the presumption in section 518A.39, subdivision 2.

(d) Payments by the health carrier or employer for services rendered to the dependents
that are directed to a party not owed reimbursement must be endorsed over to and forwarded
to the vendor or appropriate party or the public authority. A party retaining insurance
reimbursement not owed to the party is liable for the amount of the reimbursement.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 74.

Minnesota Statutes 2014, section 518A.43, is amended by adding a
subdivision to read:


Subd. 1a.

Income disparity between parties.

The court may deviate from the
presumptive child support obligation under section 518A.34 and elect not to order a party
who has between ten and 45 percent parenting time to pay basic support where such a
significant disparity of income exists between the parties that an order directing payment
of basic support would be detrimental to the parties' joint child.

EFFECTIVE DATE.

This section is effective March 1, 2016.

Sec. 75.

Minnesota Statutes 2014, section 518A.46, subdivision 3, is amended to read:


Subd. 3.

Contents of pleadings.

(a) In cases involving establishment or
modification of a child support order, the initiating party shall include the following
information, if known, in the pleadings:

(1) names, addresses, and dates of birth of the parties;

(2) Social Security numbers of the parties and the minor children of the parties,
which information shall be considered private information and shall be available only to
the parties, the court, and the public authority;

(3) other support obligations of the obligor;

(4) names and addresses of the parties' employers;

(5) gross income of the parties as calculated in section 518A.29;

(6) amounts and sources of any other earnings and income of the parties;

(7) health insurance coverage of parties;

(8) types and amounts of public assistance received by the parties, including
Minnesota family investment plan, child care assistance, medical assistance,
MinnesotaCare, title IV-E foster care, or other form of assistance as defined in section
256.741, subdivision 1; and

(9) any other information relevant to the computation of the child support obligation
under section 518A.34.

(b) For all matters scheduled in the expedited process, whether or not initiated by
the public authority, the nonattorney employee of the public authority shall file with the
court and serve on the parties the following information:

(1) information pertaining to the income of the parties available to the public
authority from the Department of Employment and Economic Development;

(2) a statement of the monthly amount of child support, medical support, child care,
and arrears currently being charged the obligor on Minnesota IV-D cases;

(3) a statement of the types and amount of any public assistance, as defined in
section 256.741, subdivision 1, received by the parties; and

(4) any other information relevant to the determination of support that is known to
the public authority and that has not been otherwise provided by the parties.

The information must be filed with the court or child support magistrate at least
five days before any hearing involving child support, medical support, or child care
reimbursement issues.

Sec. 76.

Minnesota Statutes 2014, section 518A.46, is amended by adding a
subdivision to read:


Subd. 3a.

Contents of pleadings for medical support modifications.

(a) In cases
involving modification of only the medical support portion of a child support order
under section 518A.39, subdivision 8, the initiating party shall include the following
information, if known, in the pleadings:

(1) names, addresses, and dates of birth of the parties;

(2) Social Security numbers of the parties and the minor children of the parties,
which shall be considered private information and shall be available only to the parties,
the court, and the public authority;

(3) names and addresses of the parties' employers;

(4) gross income of the parties as stated in the order being modified;

(5) health insurance coverage of the parties; and

(6) any other information relevant to the determination of the medical support
obligation under section 518A.41.

(b) For all matters scheduled in the expedited process, whether or not initiated by
the public authority, the nonattorney employee of the public authority shall file with the
court and serve on the parties the following information:

(1) a statement of the monthly amount of child support, medical support, child care,
and arrears currently being charged the obligor on Minnesota IV-D cases;

(2) a statement of the amount of medical assistance received by the parties; and

(3) any other information relevant to the determination of medical support that is
known to the public authority and that has not been otherwise provided by the parties.

The information must be filed with the court or child support magistrate at least five
days before the hearing on the motion to modify medical support.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 77.

Minnesota Statutes 2014, section 518A.51, is amended to read:


518A.51 FEES FOR IV-D SERVICES.

(a) When a recipient of IV-D services is no longer receiving assistance under the
state's title IV-A, IV-E foster care, or medical assistance, or MinnesotaCare programs, the
public authority responsible for child support enforcement must notify the recipient,
within five working days of the notification of ineligibility, that IV-D services will be
continued unless the public authority is notified to the contrary by the recipient. The
notice must include the implications of continuing to receive IV-D services, including the
available services and fees, cost recovery fees, and distribution policies relating to fees.

(b) An application fee of $25 shall be paid by the person who applies for child
support and maintenance collection services, except persons who are receiving public
assistance as defined in section 256.741 and the diversionary work program under section
256J.95, persons who transfer from public assistance to nonpublic assistance status, and
minor parents and parents enrolled in a public secondary school, area learning center, or
alternative learning program approved by the commissioner of education.

(c) (b) In the case of an individual who has never received assistance under a state
program funded under title IV-A of the Social Security Act and for whom the public
authority has collected at least $500 of support, the public authority must impose an
annual federal collections fee of $25 for each case in which services are furnished. This
fee must be retained by the public authority from support collected on behalf of the
individual, but not from the first $500 collected.

(d) (c) When the public authority provides full IV-D services to an obligee who
has applied for those services, upon written notice to the obligee, the public authority
must charge a cost recovery fee of two percent of the amount collected. This fee must
be deducted from the amount of the child support and maintenance collected and not
assigned under section 256.741 before disbursement to the obligee. This fee does not
apply to an obligee who:

(1) is currently receiving assistance under the state's title IV-A, IV-E foster care, or
medical assistance, or MinnesotaCare programs; or

(2) has received assistance under the state's title IV-A or IV-E foster care programs,
until the person has not received this assistance for 24 consecutive months.

(e) (d) When the public authority provides full IV-D services to an obligor who has
applied for such services, upon written notice to the obligor, the public authority must
charge a cost recovery fee of two percent of the monthly court-ordered child support and
maintenance obligation. The fee may be collected through income withholding, as well
as by any other enforcement remedy available to the public authority responsible for
child support enforcement.

(f) (e) Fees assessed by state and federal tax agencies for collection of overdue
support owed to or on behalf of a person not receiving public assistance must be imposed
on the person for whom these services are provided. The public authority upon written
notice to the obligee shall assess a fee of $25 to the person not receiving public assistance
for each successful federal tax interception. The fee must be withheld prior to the release
of the funds received from each interception and deposited in the general fund.

(g) (f) Federal collections fees collected under paragraph (c) (b) and cost recovery
fees collected under paragraphs (c) and (d) and (e) retained by the commissioner of human
services shall be considered child support program income according to Code of Federal
Regulations, title 45, section 304.50, and shall be deposited in the special revenue fund
account established under paragraph (i) (h). The commissioner of human services must
elect to recover costs based on either actual or standardized costs.

(h) (g) The limitations of this section on the assessment of fees shall not apply to
the extent inconsistent with the requirements of federal law for receiving funds for the
programs under title IV-A and title IV-D of the Social Security Act, United States Code,
title 42, sections 601 to 613 and United States Code, title 42, sections 651 to 662.

(i) (h) The commissioner of human services is authorized to establish a special
revenue fund account to receive the federal collections fees collected under paragraph (c)
(b) and cost recovery fees collected under paragraphs (c) and (d) and (e).

(j) (i) The nonfederal share of the cost recovery fee revenue must be retained by the
commissioner and distributed as follows:

(1) one-half of the revenue must be transferred to the child support system special
revenue account to support the state's administration of the child support enforcement
program and its federally mandated automated system;

(2) an additional portion of the revenue must be transferred to the child support
system special revenue account for expenditures necessary to administer the fees; and

(3) the remaining portion of the revenue must be distributed to the counties to aid the
counties in funding their child support enforcement programs.

(k) (j) The nonfederal share of the federal collections fees must be distributed to the
counties to aid them in funding their child support enforcement programs.

(l) (k) The commissioner of human services shall distribute quarterly any of the
funds dedicated to the counties under paragraphs (i) and (j) and (k) using the methodology
specified in section 256.979, subdivision 11. The funds received by the counties must be
reinvested in the child support enforcement program and the counties must not reduce the
funding of their child support programs by the amount of the funding distributed.

EFFECTIVE DATE.

This section is effective July 1, 2016, except that the
amendments striking MinnesotaCare are effective July 1, 2015.

Sec. 78.

Minnesota Statutes 2014, section 518A.53, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purpose of this section, the following terms
have the meanings provided in this subdivision unless otherwise stated.

(b) "Payor of funds" means any person or entity that provides funds to an obligor,
including an employer as defined under chapter 24 of the Internal Revenue Code,
section 3401(d), an independent contractor, payor of worker's compensation benefits or
unemployment benefits, or a financial institution as defined in section 13B.06.

(c) "Business day" means a day on which state offices are open for regular business.

(d) "Arrears" means amounts owed under a support order that are past due has the
meaning given in section 518A.26, subdivision 3
.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 79.

Minnesota Statutes 2014, section 518A.53, subdivision 4, is amended to read:


Subd. 4.

Collection services.

(a) The commissioner of human services shall prepare
and make available to the courts a notice of services that explains child support and
maintenance collection services available through the public authority, including income
withholding, and the fees for such services. Upon receiving a petition for dissolution of
marriage or legal separation, the court administrator shall promptly send the notice of
services to the petitioner and respondent at the addresses stated in the petition.

(b) Either the obligee or obligor may at any time apply to the public authority for
either full IV-D services or for income withholding only services.

(c) For those persons applying for income withholding only services, a monthly
service fee of $15 must be charged to the obligor. This fee is in addition to the amount of
the support order and shall be withheld through income withholding. The public authority
shall explain the service options in this section to the affected parties and encourage the
application for full child support collection services.

(d) If the obligee is not a current recipient of public assistance as defined in section
256.741, the person who applied for services may at any time choose to terminate either
full IV-D services or income withholding only services regardless of whether income
withholding is currently in place. The obligee or obligor may reapply for either full IV-D
services or income withholding only services at any time. Unless the applicant is a
recipient of public assistance as defined in section 256.741, a $25 application fee shall be
charged at the time of each application.

(e) When a person terminates IV-D services, if an arrearage for public assistance as
defined in section 256.741 exists, the public authority may continue income withholding,
as well as use any other enforcement remedy for the collection of child support, until all
public assistance arrears are paid in full. Income withholding shall be in an amount equal
to 20 percent of the support order in effect at the time the services terminated, unless the
court has ordered a specific monthly payback amount to be applied toward the arrears. If a
support order includes a specific monthly payback amount, income withholding shall be
for the specific monthly payback amount ordered
.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 80.

Minnesota Statutes 2014, section 518A.53, subdivision 10, is amended to read:


Subd. 10.

Arrearage order.

(a) This section does not prevent the court from
ordering the payor of funds to withhold amounts to satisfy the obligor's previous arrearage
in support order payments. This remedy shall not operate to exclude availability of other
remedies to enforce judgments. The employer or payor of funds shall withhold from
the obligor's income an additional amount equal to 20 percent of the monthly child
support or maintenance obligation until the arrearage is paid, unless the court has ordered
a specific monthly payback amount toward the arrears. If a support order includes a
specific monthly payback amount, the employer or payor of funds shall withhold from
the obligor's income an additional amount equal to the specific monthly payback amount
ordered until all arrearages are paid
.

(b) Notwithstanding any law to the contrary, funds from income sources included
in section 518A.26, subdivision 8, whether periodic or lump sum, are not exempt from
attachment or execution upon a judgment for child support arrearage.

(c) Absent an order to the contrary, if an arrearage exists at the time a support
order would otherwise terminate, income withholding shall continue in effect or may be
implemented in an amount equal to the support order plus an additional 20 percent of the
monthly child support obligation, until all arrears have been paid in full.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 81.

Minnesota Statutes 2014, section 518A.60, is amended to read:


518A.60 COLLECTION; ARREARS ONLY.

(a) Remedies available for the collection and enforcement of support in this chapter
and chapters 256, 257, 518, and 518C also apply to cases in which the child or children
for whom support is owed are emancipated and the obligor owes past support or has an
accumulated arrearage as of the date of the youngest child's emancipation. Child support
arrearages under this section include arrearages for child support, medical support, child
care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in
section 518A.41, subdivision 1, paragraph (h).

(b) This section applies retroactively to any support arrearage that accrued on or
before June 3, 1997, and to all arrearages accruing after June 3, 1997.

(c) Past support or pregnancy and confinement expenses ordered for which the
obligor has specific court ordered terms for repayment may not be enforced using drivers'
and occupational or professional license suspension, and credit bureau reporting, and
additional income withholding under section 518A.53, subdivision 10, paragraph (a),
unless the obligor fails to comply with the terms of the court order for repayment.

(d) If an arrearage exists at the time a support order would otherwise terminate
and section 518A.53, subdivision 10, paragraph (c), does not apply to this section, the
arrearage shall be repaid in an amount equal to the current support order until all arrears
have been paid in full, absent a court order to the contrary.

(e) If an arrearage exists according to a support order which fails to establish a
monthly support obligation in a specific dollar amount, the public authority, if it provides
child support services, or the obligee, may establish a payment agreement which shall
equal what the obligor would pay for current support after application of section 518A.34,
plus an additional 20 percent of the current support obligation, until all arrears have been
paid in full. If the obligor fails to enter into or comply with a payment agreement, the
public authority, if it provides child support services, or the obligee, may move the district
court or child support magistrate, if section 484.702 applies, for an order establishing
repayment terms.

(f) If there is no longer a current support order because all of the children of the
order are emancipated, the public authority may discontinue child support services and
close its case under title IV-D of the Social Security Act if:

(1) the arrearage is under $500; or

(2) the arrearage is considered unenforceable by the public authority because there
have been no collections for three years, and all administrative and legal remedies have
been attempted or are determined by the public authority to be ineffective because the
obligor is unable to pay, the obligor has no known income or assets, and there is no
reasonable prospect that the obligor will be able to pay in the foreseeable future.

(g) At least 60 calendar days before the discontinuation of services under paragraph
(f), the public authority must mail a written notice to the obligee and obligor at the
obligee's and obligor's last known addresses that the public authority intends to close the
child support enforcement case and explaining each party's rights. Seven calendar days
after the first notice is mailed, the public authority must mail a second notice under this
paragraph to the obligee.

(h) The case must be kept open if the obligee responds before case closure and
provides information that could reasonably lead to collection of arrears. If the case is
closed, the obligee may later request that the case be reopened by completing a new
application for services, if there is a change in circumstances that could reasonably lead to
the collection of arrears.

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 82.

[518A.685] CONSUMER REPORTING AGENCY; REPORTING
ARREARS.

(a) If a public authority determines that an obligor has not paid the current monthly
support obligation plus any required arrearage payment for three consecutive months, the
public authority must report this information to a consumer reporting agency.

(b) Before reporting that an obligor is in arrears for court-ordered child support,
the public authority must:

(1) provide written notice to the obligor that the public authority intends to report the
arrears to a consumer agency; and

(2) mail the written notice to the obligor's last known mailing address 30 days before
the public authority reports the arrears to a consumer reporting agency.

(c) The obligor may, within 21 days of receipt of the notice, do the following to
prevent the public authority from reporting the arrears to a consumer reporting agency:

(1) pay the arrears in full; or

(2) request an administrative review. An administrative review is limited to issues
of mistaken identity, a pending legal action involving the arrears, or an incorrect arrears
balance.

(d) If a public authority has reported that an obligor is in arrears for court-ordered
child support and subsequently determines that the obligor has paid the court-ordered
child support arrears in full, or is paying the current monthly support obligation plus any
required arrearage payment, the public authority must report to the consumer reporting
agency that the obligor is currently paying child support as ordered by the court.

(e) A public authority that reports arrearage information under this section must
make monthly reports to a consumer reporting agency. The monthly report must be
consistent with credit reporting industry standards for child support.

(f) For purposes of this section, "consumer reporting agency" has the meaning given
in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

EFFECTIVE DATE.

This section is effective July 1, 2016.

Sec. 83.

Minnesota Statutes 2014, section 518C.802, is amended to read:


518C.802 CONDITIONS OF RENDITION.

(a) Before making demand that the governor of another state surrender an individual
charged criminally in this state with having failed to provide for the support of an obligee,
the governor of this state may require a prosecutor of this state to demonstrate that at least
60 days previously the obligee had initiated proceedings for support pursuant to this
chapter or that the proceeding would be of no avail.

(b) If, under this chapter or a law substantially similar to this chapter, the Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement
of Support Act,
the governor of another state makes a demand that the governor of
this state surrender an individual charged criminally in that state with having failed to
provide for the support of a child or other individual to whom a duty of support is owed,
the governor may require a prosecutor to investigate the demand and report whether
a proceeding for support has been initiated or would be effective. If it appears that a
proceeding would be effective but has not been initiated, the governor may delay honoring
the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is
demanded prevails, the governor may decline to honor the demand. If the petitioner prevails
and the individual whose rendition is demanded is subject to a support order, the governor
may decline to honor the demand if the individual is complying with the support order.

Sec. 84.

Minnesota Statutes 2014, section 626.556, subdivision 1, as amended by Laws
2015, chapter 4, section 1, is amended to read:


Subdivision 1.

Public policy.

(a) The legislature hereby declares that the public
policy of this state is to protect children whose health or welfare may be jeopardized
through physical abuse, neglect, or sexual abuse. While it is recognized that most parents
want to keep their children safe, sometimes circumstances or conditions interfere with
their ability to do so. When this occurs, the health and safety of the children shall must be
of paramount concern. Intervention and prevention efforts shall must address immediate
concerns for child safety and the ongoing risk of abuse or neglect and should engage the
protective capacities of families. In furtherance of this public policy, it is the intent of the
legislature under this section to:

(1) protect children and promote child safety;

(2) strengthen the family;

(3) make the home, school, and community safe for children by promoting
responsible child care in all settings; and

(4) provide, when necessary, a safe temporary or permanent home environment for
physically or sexually abused or neglected children.

(b) In addition, it is the policy of this state to:

(1) require the reporting of neglect or physical or sexual abuse of children in the
home, school, and community settings;

(2) provide for the voluntary reporting of abuse or neglect of children; to require
a family assessment, when appropriate, as the preferred response to reports not alleging
substantial child endangerment;

(3) require an investigation when the report alleges sexual abuse or substantial
child endangerment;

(4) provide a family assessment, if appropriate, when the report does not allege
sexual abuse or substantial child endangerment;
and

(4) (5) provide protective, family support, and family preservation services when
needed in appropriate cases.

Sec. 85.

Minnesota Statutes 2014, section 626.556, subdivision 2, is amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a child
maltreatment report that does not allege sexual abuse or substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family members
and the risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve sexual abuse or substantial child endangerment, and for reports of
maltreatment in facilities required to be licensed under chapter 245A or 245D; under
sections 144.50 to 144.58 and 241.021; in a school as defined in sections 120A.05,
subdivisions 9
, 11, and 13, and 124D.10; or in a nonlicensed personal care provider
association as defined in section 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,
and in the case of sexual abuse includes a person who has a significant relationship to the
child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who
by act or omission, commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) (3) neglect as defined in paragraph (f), clause (2), that substantially endangers
the child's physical or mental health, including a growth delay, which may be referred to
as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) (4) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) (5) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) (6) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) (7) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) (8) criminal sexual conduct under sections 609.342 to 609.3451;

(10) (9) solicitation of children to engage in sexual conduct under section 609.352;

(11) (10) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) (11) use of a minor in sexual performance under section 617.246; or

(13) (12) parental behavior, status, or condition which mandates that the county
attorney file a termination of parental rights petition under section 260C.503, subdivision 2.

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse which includes the status of a parent or household member
who has committed a violation which requires registration as an offender under section
243.166, subdivision 1b, paragraph (a) or (b), or required registration under section
243.166, subdivision 1b, paragraph (a) or (b).

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance, or the
presence of a fetal alcohol spectrum disorder;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 125A.0942 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include,
but are not limited to, any of the following that are done in anger or without regard to the
safety of the child
:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one four on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report communication received by the local welfare agency,
police department, county sheriff, or agency responsible for assessing or investigating
maltreatment
child protection pursuant to this section that describes neglect or physical or
sexual abuse of a child and contains sufficient content to identify the child and any person
believed to be responsible for the neglect or abuse, if known
.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245D;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in section
256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent
legal and physical custody of a child to a relative under Minnesota Statutes 2010, section
260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a
similar law of another jurisdiction.

A child is the subject of a report of threatened injury when the responsible social
services agency receives birth match data under paragraph (o) from the Department of
Human Services.

(o) Upon receiving data under section 144.225, subdivision 2b, contained in a
birth record or recognition of parentage identifying a child who is subject to threatened
injury under paragraph (n), the Department of Human Services shall send the data to the
responsible social services agency. The data is known as "birth match" data. Unless the
responsible social services agency has already begun an investigation or assessment of the
report due to the birth of the child or execution of the recognition of parentage and the
parent's previous history with child protection, the agency shall accept the birth match
data as a report under this section. The agency may use either a family assessment or
investigation to determine whether the child is safe. All of the provisions of this section
apply. If the child is determined to be safe, the agency shall consult with the county
attorney to determine the appropriateness of filing a petition alleging the child is in need
of protection or services under section 260C.007, subdivision 6, clause (16), in order to
deliver needed services. If the child is determined not to be safe, the agency and the county
attorney shall take appropriate action as required under section 260C.503, subdivision 2.

(p) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

(q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.

(r) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota
Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
substantiated maltreatment by the individual, the commissioner of human services shall
determine that a nonmaltreatment mistake was made by the individual.

Sec. 86.

Minnesota Statutes 2014, section 626.556, subdivision 3, is amended to read:


Subd. 3.

Persons mandated to report; persons voluntarily reporting.

(a) A
person who knows or has reason to believe a child is being neglected or physically or
sexually abused, as defined in subdivision 2, or has been neglected or physically or
sexually abused within the preceding three years, shall immediately report the information
to the local welfare agency, agency responsible for assessing or investigating the report,
police department, or the county sheriff if the person is:

(1) a professional or professional's delegate who is engaged in the practice of
the healing arts, social services, hospital administration, psychological or psychiatric
treatment, child care, education, correctional supervision, probation and correctional
services, or law enforcement; or

(2) employed as a member of the clergy and received the information while
engaged in ministerial duties, provided that a member of the clergy is not required by
this subdivision to report information that is otherwise privileged under section 595.02,
subdivision 1
, paragraph (c).

The police department or the county sheriff, upon receiving a report, shall
immediately notify the local welfare agency or agency responsible for assessing or
investigating the report, orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon receiving a report, shall
immediately notify the local police department or the county sheriff orally and in writing.
The county sheriff and the head of every local welfare agency, agency responsible
for assessing or investigating reports, and police department shall each designate a
person within their agency, department, or office who is responsible for ensuring that
the notification duties of this paragraph and paragraph (b) are carried out. Nothing in
this subdivision shall be construed to require more than one report from any institution,
facility, school, or agency.

(b) Any person may voluntarily report to the local welfare agency, agency responsible
for assessing or investigating the report, police department, or the county sheriff if the
person knows, has reason to believe, or suspects a child is being or has been neglected or
subjected to physical or sexual abuse. The police department or the county sheriff, upon
receiving a report, shall immediately notify the local welfare agency or agency responsible
for assessing or investigating the report, orally and in writing. The local welfare agency or
agency responsible for assessing or investigating the report, upon receiving a report, shall
immediately notify the local police department or the county sheriff orally and in writing.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for
licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or
chapter 245D; or a nonlicensed personal care provider organization as defined in section
256B.0625, subdivision 19. A health or corrections agency receiving a report may request
the local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A
board or other entity whose licensees perform work within a school facility, upon receiving
a complaint of alleged maltreatment, shall provide information about the circumstances of
the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education from a licensing entity.

(d) Any person mandated to report shall receive a summary of the disposition of
any report made by that reporter, including whether the case has been opened for child
protection or other services, or if a referral has been made to a community organization,
unless release would be detrimental to the best interests of the child. Any person who is
not mandated to report shall, upon request to the local welfare agency, receive a concise
summary of the disposition of any report made by that reporter, unless release would be
detrimental to the best interests of the child.
Notification requirements under subdivision
10 apply to all reports received under this section.

(e) For purposes of this section, "immediately" means as soon as possible but in
no event longer than 24 hours.

Sec. 87.

Minnesota Statutes 2014, section 626.556, subdivision 6a, is amended to read:


Subd. 6a.

Failure to notify.

If a local welfare agency receives a report under
subdivision 3, paragraph (a) or (b), and fails to notify the local police department or county
sheriff as required by subdivision 3, paragraph (a) or (b) 10, the person within the agency
who is responsible for ensuring that notification is made shall be subject to disciplinary
action in keeping with the agency's existing policy or collective bargaining agreement on
discipline of employees. If a local police department or a county sheriff receives a report
under subdivision 3, paragraph (a) or (b), and fails to notify the local welfare agency as
required by subdivision 3, paragraph (a) or (b) 10, the person within the police department
or county sheriff's office who is responsible for ensuring that notification is made shall be
subject to disciplinary action in keeping with the agency's existing policy or collective
bargaining agreement on discipline of employees.

Sec. 88.

Minnesota Statutes 2014, section 626.556, subdivision 7, as amended by Laws
2015, chapter 4, section 2, is amended to read:


Subd. 7.

Report; information provided to parent; reporter.

(a) An oral report
shall be made immediately by telephone or otherwise. An oral report made by a person
required under subdivision 3 to report shall be followed within 72 hours, exclusive
of weekends and holidays, by a report in writing to the appropriate police department,
the county sheriff, the agency responsible for assessing or investigating the report, or
the local welfare agency.

(b) The local welfare agency shall determine if the report is accepted for an
assessment or investigation
to be screened in or out as soon as possible but in no event
longer than 24 hours after the report is received. When determining whether a report will
be screened in or out, the agency receiving the report must consider, when relevant, all
previous history, including reports that were screened out. The agency may communicate
with treating professionals and individuals specified under subdivision 10, paragraph
(i), clause (3), item (iii).

(b) (c) Any report shall be of sufficient content to identify the child, any person
believed to be responsible for the abuse or neglect of the child if the person is known, the
nature and extent of the abuse or neglect and the name and address of the reporter. The
local welfare agency or agency responsible for assessing or investigating the report shall
accept a report made under subdivision 3 notwithstanding refusal by a reporter to provide
the reporter's name or address as long as the report is otherwise sufficient under this
paragraph. Written reports received by a police department or the county sheriff shall be
forwarded immediately to the local welfare agency or the agency responsible for assessing
or investigating the report. The police department or the county sheriff may keep copies of
reports received by them. Copies of written reports received by a local welfare department
or the agency responsible for assessing or investigating the report shall be forwarded
immediately to the local police department or the county sheriff.

(c) (d) When requested, the agency responsible for assessing or investigating a
report shall inform the reporter within ten days after the report was made, either orally or
in writing, whether the report was accepted or not. If the responsible agency determines
the report does not constitute a report under this section, the agency shall advise the
reporter the report was screened out. Any person mandated to report shall receive a
summary of the disposition of any report made by that reporter, including whether the case
has been opened for child protection or other services, or if a referral has been made to a
community organization, unless release would be detrimental to the best interests of the
child. Any person who is not mandated to report shall, upon request to the local welfare
agency, receive a concise summary of the disposition of any report made by that reporter,
unless release would be detrimental to the best interests of the child.

(e) Reports that are not screened in must be maintained in accordance with
subdivision 11c, paragraph (a).

(d) (f) Notwithstanding paragraph (a), the commissioner of education must inform
the parent, guardian, or legal custodian of the child who is the subject of a report of
alleged maltreatment in a school facility within ten days of receiving the report, either
orally or in writing, whether the commissioner is assessing or investigating the report
of alleged maltreatment.

(e) (g) Regardless of whether a report is made under this subdivision, as soon as
practicable after a school receives information regarding an incident that may constitute
maltreatment of a child in a school facility, the school shall inform the parent, legal
guardian, or custodian of the child that an incident has occurred that may constitute
maltreatment of the child, when the incident occurred, and the nature of the conduct
that may constitute maltreatment.

(f) (h) A written copy of a report maintained by personnel of agencies, other than
welfare or law enforcement agencies, which are subject to chapter 13 shall be confidential.
An individual subject of the report may obtain access to the original report as provided
by subdivision 11.

Sec. 89.

Minnesota Statutes 2014, section 626.556, is amended by adding a subdivision
to read:


Subd. 7a.

Mandatory guidance for screening reports.

(a) Child protection intake
workers, supervisors, and others involved with child protection screening shall, at a
minimum, follow the guidance provided in the Minnesota Child Maltreatment Screening
Guidelines when screening reports and, when notified by the commissioner of human
services, shall immediately implement updated procedures and protocols.

(b) Any modifications to the screening guidelines by the county agency must be
preapproved by the commissioner of human services and must not be less protective of
children than is mandated by statute. The guidelines may provide additional protections
for children but must not limit reports that are screened in or provide additional limits on
consideration of reports that were screened out in making screening determinations.

Sec. 90.

Minnesota Statutes 2014, section 626.556, subdivision 10, is amended to read:


Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report; mandatory notification between police or sheriff and agency.

(a)
The police department or the county sheriff shall immediately notify the local welfare
agency or agency responsible for child protection reports under this section orally and
in writing when a report is received. The local welfare agency or agency responsible for
child protection reports shall immediately notify the local police department or the county
sheriff orally and in writing when a report is received. The county sheriff and the head of
every local welfare agency, agency responsible for child protection reports, and police
department shall each designate a person within their agency, department, or office who is
responsible for ensuring that the notification duties of this paragraph are carried out.

(b) Upon receipt of a report, the local welfare agency shall determine whether to
conduct a family assessment or an investigation as appropriate to prevent or provide a
remedy for child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving sexual abuse or substantial
child endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that sexual abuse or
substantial child endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege sexual abuse or
substantial child endangerment. In determining that a family assessment is appropriate,
the local welfare agency may consider issues of child safety, parental cooperation, and
the need for an immediate response; and

(4) may conduct a family assessment on a report that was initially screened and
assigned for an investigation. In determining that a complete investigation is not required,
the local welfare agency must document the reason for terminating the investigation and
notify the local law enforcement agency if the local law enforcement agency is conducting
a joint investigation.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
or individual functioning within the family unit as a person responsible for the child's
care, or sexual abuse by a person with a significant relationship to the child when that
person resides in the child's household or by a sibling, the local welfare agency shall
immediately conduct a family assessment or investigation as identified in clauses (1)
to (4). In conducting a family assessment or investigation, the local welfare agency
shall gather information on the existence of substance abuse and domestic violence and
offer services for purposes of preventing future child maltreatment, safeguarding and
enhancing the welfare of the abused or neglected minor, and supporting and preserving
family life whenever possible. If the report alleges a violation of a criminal statute
involving sexual abuse, physical abuse, or neglect or endangerment, under section
609.378, the local law enforcement agency and local welfare agency shall coordinate the
planning and execution of their respective investigation and assessment efforts to avoid a
duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a
separate report of the results of its investigation or assessment. In cases of alleged child
maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a
law enforcement investigation to make a determination of whether or not maltreatment
occurred. When necessary the local welfare agency shall seek authority to remove the
child from the custody of a parent, guardian, or adult with whom the child is living. In
performing any of these duties, the local welfare agency shall maintain appropriate records.

If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615.

(b) (c) When a local agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section 245.91, has been the subject of physical
abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
245.91, it shall, in addition to its other duties under this section, immediately inform the
ombudsman established under sections 245.91 to 245.97. The commissioner of education
shall inform the ombudsman established under sections 245.91 to 245.97 of reports
regarding a child defined as a client in section 245.91 that maltreatment occurred at a
school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.

(c) (d) Authority of the local welfare agency responsible for assessing or
investigating the child abuse or neglect report, the agency responsible for assessing or
investigating the report, and of the local law enforcement agency for investigating the
alleged abuse or neglect includes, but is not limited to, authority to interview, without
parental consent, the alleged victim and any other minors who currently reside with or
who have resided with the alleged offender. The interview may take place at school or at
any facility or other place where the alleged victim or other minors might be found or the
child may be transported to, and the interview conducted at, a place appropriate for the
interview of a child designated by the local welfare agency or law enforcement agency.
The interview may take place outside the presence of the alleged offender or parent, legal
custodian, guardian, or school official. For family assessments, it is the preferred practice
to request a parent or guardian's permission to interview the child prior to conducting the
child interview, unless doing so would compromise the safety assessment. Except as
provided in this paragraph, the parent, legal custodian, or guardian shall be notified by
the responsible local welfare or law enforcement agency no later than the conclusion of
the investigation or assessment that this interview has occurred. Notwithstanding rule 32
of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after
hearing on an ex parte motion by the local welfare agency, order that, where reasonable
cause exists, the agency withhold notification of this interview from the parent, legal
custodian, or guardian. If the interview took place or is to take place on school property,
the order shall specify that school officials may not disclose to the parent, legal custodian,
or guardian the contents of the notification of intent to interview the child on school
property, as provided under this paragraph, and any other related information regarding
the interview that may be a part of the child's school record. A copy of the order shall be
sent by the local welfare or law enforcement agency to the appropriate school official.

(d) (e) When the local welfare, local law enforcement agency, or the agency
responsible for assessing or investigating a report of maltreatment determines that an
interview should take place on school property, written notification of intent to interview
the child on school property must be received by school officials prior to the interview.
The notification shall include the name of the child to be interviewed, the purpose of the
interview, and a reference to the statutory authority to conduct an interview on school
property. For interviews conducted by the local welfare agency, the notification shall
be signed by the chair of the local social services agency or the chair's designee. The
notification shall be private data on individuals subject to the provisions of this paragraph.
School officials may not disclose to the parent, legal custodian, or guardian the contents
of the notification or any other related information regarding the interview until notified
in writing by the local welfare or law enforcement agency that the investigation or
assessment has been concluded, unless a school employee or agent is alleged to have
maltreated the child. Until that time, the local welfare or law enforcement agency or the
agency responsible for assessing or investigating a report of maltreatment shall be solely
responsible for any disclosures regarding the nature of the assessment or investigation.

Except where the alleged offender is believed to be a school official or employee,
the time and place, and manner of the interview on school premises shall be within the
discretion of school officials, but the local welfare or law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school officials shall be reasonable and
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials and
the local welfare or law enforcement agency. Where the school fails to comply with the
provisions of this paragraph, the juvenile court may order the school to comply. Every
effort must be made to reduce the disruption of the educational program of the child, other
students, or school staff when an interview is conducted on school premises.

(e) (f) Where the alleged offender or a person responsible for the care of the alleged
victim or other minor prevents access to the victim or other minor by the local welfare
agency, the juvenile court may order the parents, legal custodian, or guardian to produce
the alleged victim or other minor for questioning by the local welfare agency or the local
law enforcement agency outside the presence of the alleged offender or any person
responsible for the child's care at reasonable places and times as specified by court order.

(f) (g) Before making an order under paragraph (e) (f), the court shall issue an order
to show cause, either upon its own motion or upon a verified petition, specifying the basis
for the requested interviews and fixing the time and place of the hearing. The order to
show cause shall be served personally and shall be heard in the same manner as provided
in other cases in the juvenile court. The court shall consider the need for appointment of a
guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
litem shall be present at the hearing on the order to show cause.

(g) (h) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(h) (i) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety,
risk of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information
to ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment. The
local welfare agency or the agency responsible for investigating the report may make a
determination of no maltreatment early in an investigation, and close the case and retain
immunity, if the collected information shows no basis for a full investigation.

Information relevant to the assessment or investigation must be asked for, and
may include:

(1) the child's sex and age, prior reports of maltreatment, information relating
to developmental functioning, credibility of the child's statement, and whether the
information provided under this clause is consistent with other information collected
during the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the
child; (ii) prior medical records relating to the alleged maltreatment or the care of the
child maintained by any facility, clinic, or health care professional and an interview with
the treating professionals; and (iii) interviews with the child's caretakers, including the
child's parent, guardian, foster parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have knowledge regarding the alleged
maltreatment and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of
the child, and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report
from collecting other relevant information necessary to conduct the assessment or
investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare
agency has access to medical data and records for purposes of clause (3). Notwithstanding
the data's classification in the possession of any other agency, data acquired by the
local welfare agency or the agency responsible for assessing or investigating the report
during the course of the assessment or investigation are private data on individuals and
must be maintained in accordance with subdivision 11. Data of the commissioner of
education collected or maintained during and for the purpose of an investigation of
alleged maltreatment in a school are governed by this section, notwithstanding the data's
classification as educational, licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(i) (j) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
contact with the child reported to be maltreated and with the child's primary caregiver
sufficient to complete a safety assessment and ensure the immediate safety of the child.
The face-to-face contact with the child and primary caregiver shall occur immediately
if sexual abuse or substantial child endangerment is alleged and within five calendar
days for all other reports. If the alleged offender was not already interviewed as the
primary caregiver, the local welfare agency shall also conduct a face-to-face interview
with the alleged offender in the early stages of the assessment or investigation. At the
initial contact, the local child welfare agency or the agency responsible for assessing or
investigating the report must inform the alleged offender of the complaints or allegations
made against the individual in a manner consistent with laws protecting the rights of the
person who made the report. The interview with the alleged offender may be postponed if
it would jeopardize an active law enforcement investigation.

(j) (k) When conducting an investigation, the local welfare agency shall use a
question and answer interviewing format with questioning as nondirective as possible to
elicit spontaneous responses. For investigations only, the following interviewing methods
and procedures must be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.

(k) (l) In conducting an assessment or investigation involving a school facility
as defined in subdivision 2, paragraph (i), the commissioner of education shall collect
available and relevant information and use the procedures in paragraphs (i) (j), (k), and
subdivision 3d, except that the requirement for face-to-face observation of the child
and face-to-face interview of the alleged offender is to occur in the initial stages of the
assessment or investigation provided that the commissioner may also base the assessment
or investigation on investigative reports and data received from the school facility and
local law enforcement, to the extent those investigations satisfy the requirements of
paragraphs (i) and (j), (k), and subdivision 3d.

Sec. 91.

Minnesota Statutes 2014, section 626.556, subdivision 10e, is amended to read:


Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt
of the report.

(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed. No determination of maltreatment shall be made when the
alleged perpetrator is a child under the age of ten.

(d) If the commissioner of education conducts an assessment or investigation,
the commissioner shall determine whether maltreatment occurred and what corrective
or protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school
board, and any appropriate licensing entity the determination that maltreatment occurred
and what corrective or protective action was taken by the school facility. In all other cases,
the commissioner shall inform the school board or employer that a report was received,
the subject of the report, the date of the initial report, the category of maltreatment alleged
as defined in paragraph (f), the fact that maltreatment was not determined, and a summary
of the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility,
the investigating agency shall also determine whether the facility or individual was
responsible, or whether both the facility and the individual were responsible for the
maltreatment using the mitigating factors in paragraph (i). Determinations under this
subdivision must be made based on a preponderance of the evidence and are private data
on individuals or nonpublic data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following
acts or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (g);

(2) neglect as defined in subdivision 2, paragraph (f);

(3) sexual abuse as defined in subdivision 2, paragraph (d);

(4) mental injury as defined in subdivision 2, paragraph (m); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).

(g) For the purposes of this subdivision, a determination that child protective
services are needed means that the local welfare agency has documented conditions
during the assessment or investigation sufficient to cause a child protection worker, as
defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of
maltreatment if protective intervention is not provided and that the individuals responsible
for the child's care have not taken or are not likely to take actions to protect the child
from maltreatment or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred solely because
the child's parent, guardian, or other person responsible for the child's care in good faith
selects and depends upon spiritual means or prayer for treatment or care of disease
or remedial care of the child, in lieu of medical care. However, if lack of medical care
may result in serious danger to the child's health, the local welfare agency may ensure
that necessary medical services are provided to the child.

(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and
requirements placed upon an employee, including the facility's compliance with related
regulatory standards and the adequacy of facility policies and procedures, facility training,
an individual's participation in the training, the caregiver's supervision, and facility staffing
levels and the scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

The evaluation of the facility's responsibility under clause (2) must not be based on the
completeness of the risk assessment or risk reduction plan required under section 245A.66,
but must be based on the facility's compliance with the regulatory standards for policies and
procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules.

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license holder, both the individual and
the facility must be determined responsible for the maltreatment, and both the background
study disqualification standards under section 245C.15, subdivision 4, and the licensing
actions under sections 245A.06 or 245A.07 apply.

(k) Individual counties may implement more detailed definitions or criteria that
indicate which allegations to investigate, as long as a county's policies are consistent
with the definitions in the statutes and rules and are approved by the county board. Each
local welfare agency shall periodically inform mandated reporters under subdivision 3
who work in the county of the definitions of maltreatment in the statutes and rules and any
additional definitions or criteria that have been approved by the county board.

Sec. 92.

Minnesota Statutes 2014, section 626.556, subdivision 10j, is amended to read:


Subd. 10j.

Release of data to mandated reporters.

(a) A local social services or
child protection agency, or the agency responsible for assessing or investigating the report
of maltreatment, may shall provide relevant private data on individuals obtained under
this section to a mandated reporters reporter who made the report and who have has an
ongoing responsibility for the health, education, or welfare of a child affected by the data,
unless the agency determines that providing the data would not be in the best interests
of the child. The agency may provide the data to other mandated reporters with ongoing
responsibility for the health, education, or welfare of the child.
Mandated reporters with
ongoing responsibility for the health, education, or welfare of a child affected by the data
include the child's teachers or other appropriate school personnel, foster parents, health
care providers, respite care workers, therapists, social workers, child care providers,
residential care staff, crisis nursery staff, probation officers, and court services personnel.
Under this section, a mandated reporter need not have made the report to be considered a
person with ongoing responsibility for the health, education, or welfare of a child affected
by the data. Data provided under this section must be limited to data pertinent to the
individual's responsibility for caring for the child.

(b) A reporter who receives private data on individuals under this subdivision must
treat the data according to that classification, regardless of whether the reporter is an
employee of a government entity. The remedies and penalties under sections 13.08 and
13.09 apply if a reporter releases data in violation of this section or other law.

Sec. 93.

Minnesota Statutes 2014, section 626.556, subdivision 10m, is amended to
read:


Subd. 10m.

Provision of child protective services; consultation with county
attorney
.

(a) The local welfare agency shall create a written plan, in collaboration with
the family whenever possible, within 30 days of the determination that child protective
services are needed or upon joint agreement of the local welfare agency and the family
that family support and preservation services are needed. Child protective services for a
family are voluntary unless ordered by the court.

(b) The local welfare agency shall consult with the county attorney to determine the
appropriateness of filing a petition alleging the child is in need of protection or services
under section 260C.007, subdivision 6, if:

(1) the family does not accept or comply with a plan for child protective services;

(2) voluntary child protective services may not provide sufficient protection for the
child; or

(3) the family is not cooperating with an investigation.

If the agency responsible for child protection under this section is an Indian tribe
social service agency, the agency shall consult with the tribal authority that would be
responsible for filing a petition.

Sec. 94.

Minnesota Statutes 2014, section 626.556, subdivision 11c, is amended to read:


Subd. 11c.

Welfare, court services agency, and school records maintained;
county duty to maintain reports
.

Notwithstanding sections 138.163 and 138.17,
records maintained or records derived from reports of abuse by local welfare agencies,
agencies responsible for assessing or investigating the report, court services agencies, or
schools under this section shall be destroyed as provided in paragraphs (a) to (d) (e) by
the responsible authority.

(a) For reports that were not screened in, family assessment cases, and cases
where an investigation results in no determination of maltreatment or the need for child
protective services, the assessment or investigation records must be maintained by the
local welfare agency
for a period of four five years after the date of the final entry in the
case record. Records under this paragraph may not be used for employment, background
checks, or purposes other than to assist in future risk and safety assessments.

(b) All records relating to reports which, upon investigation, indicate either
maltreatment or a need for child protective services shall be maintained for ten years after
the date of the final entry in the case record.

(c) All records regarding a report of maltreatment, including any notification of
intent to interview which was received by a school under subdivision 10, paragraph (d)
(e), shall be destroyed by the school when ordered to do so by the agency conducting the
assessment or investigation. The agency shall order the destruction of the notification
when other records relating to the report under investigation or assessment are destroyed
under this subdivision.

(d) Private or confidential data released to a court services agency under subdivision
10h must be destroyed by the court services agency when ordered to do so by the local
welfare agency that released the data. The local welfare agency or agency responsible for
assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.

(e) For reports alleging child maltreatment that were not accepted for assessment
or investigation, counties shall:

(1) maintain sufficient information to identify repeat reports alleging maltreatment
of the same child or children for 365 days five years from the date the report was screened
out., and the commissioner of human services shall specify to the counties the minimum
information needed to accomplish this purpose. Counties shall;

(2) document the reason as to why the report was not accepted for assessment or
investigation; and

(3) enter this the data under clauses (1) and (2) into the state social services
information system.

Sec. 95.

Minnesota Statutes 2014, section 626.556, is amended by adding a subdivision
to read:


Subd. 16.

Commissioner's duty to provide oversight; quality assurance reviews;
annual summary results of reviews.

(a) The commissioner shall develop a plan to
perform quality assurance reviews of county agency screening practices and decisions.
The commissioner shall, during quality assurance reviews of county agency screening
practices, assess for evidence that the screening practices and decisions have followed the
guidelines for cultural competence issued by the Department of Human Services. The
commissioner shall provide oversight and guidance to counties to ensure the consistent
application of screening guidelines, thorough and appropriate screening decisions, and
correct documentation and maintenance of reports.

(b) The commissioner shall produce an annual report of the summary results of
the reviews. The report is public information and must be provided to the chairs and
ranking minority members of the legislative committees having jurisdiction over child
protection issues.

Sec. 96.

Laws 2014, chapter 189, section 5, is amended to read:


Sec. 5.

Minnesota Statutes 2012, section 518C.201, is amended to read:


518C.201 BASES FOR JURISDICTION OVER NONRESIDENT.

(a) In a proceeding to establish, or enforce, or modify a support order or to determine
parentage of a child, a tribunal of this state may exercise personal jurisdiction over a
nonresident individual or the individual's guardian or conservator if:

(1) the individual is personally served with a summons or comparable document
within this state;

(2) the individual submits to the jurisdiction of this state by consent, by entering a
general appearance, or by filing a responsive document having the effect of waiving any
contest to personal jurisdiction;

(3) the individual resided with the child in this state;

(4) the individual resided in this state and provided prenatal expenses or support
for the child;

(5) the child resides in this state as a result of the acts or directives of the individual;

(6) the individual engaged in sexual intercourse in this state and the child may have
been conceived by that act of intercourse;

(7) the individual asserted parentage of a child under sections 257.51 to 257.75; or

(8) there is any other basis consistent with the constitutions of this state and the
United States for the exercise of personal jurisdiction.

(b) The bases of personal jurisdiction in paragraph (a) or in any other law of this state
may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child
support order of another state unless the requirements of section 518C.611 are met, or, in
the case of a foreign support order, unless the requirements of section 518C.615 are met.

Sec. 97.

Laws 2014, chapter 189, section 10, is amended to read:


Sec. 10.

Minnesota Statutes 2012, section 518C.206, is amended to read:


518C.206 ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
BY TRIBUNAL HAVING
CONTINUING JURISDICTION TO ENFORCE CHILD
SUPPORT ORDER
.

(a) A tribunal of this state that has issued a child support order consistent with the
law of this state may serve as an initiating tribunal to request a tribunal of another state
to enforce:

(1) the order if the order is the controlling order and has not been modified by
a tribunal of another state that assumed jurisdiction pursuant to this chapter or a law
substantially similar to this chapter
the Uniform Interstate Family Support Act; or

(2) a money judgment for arrears of support and interest on the order accrued before
a determination that an order of a tribunal of another state is the controlling order.

(b) A tribunal of this state having continuing, exclusive jurisdiction over a support
order may act as a responding tribunal to enforce the order.

Sec. 98.

Laws 2014, chapter 189, section 11, is amended to read:


Sec. 11.

Minnesota Statutes 2012, section 518C.207, is amended to read:


518C.207 RECOGNITION DETERMINATION OF CONTROLLING CHILD
SUPPORT ORDER.

(a) If a proceeding is brought under this chapter and only one tribunal has issued a
child support order, the order of that tribunal is controlling controls and must be recognized.

(b) If a proceeding is brought under this chapter, and two or more child support
orders have been issued by tribunals of this state, another state, or a foreign country with
regard to the same obligor and child, a tribunal of this state having personal jurisdiction
over both the obligor and the individual obligee shall apply the following rules and by
order shall determine which order controls and must be recognized:

(1) If only one of the tribunals would have continuing, exclusive jurisdiction under
this chapter, the order of that tribunal is controlling controls.

(2) If more than one of the tribunals would have continuing, exclusive jurisdiction
under this chapter:

(i) an order issued by a tribunal in the current home state of the child controls; or

(ii) if an order has not been issued in the current home state of the child, the order
most recently issued controls.

(3) If none of the tribunals would have continuing, exclusive jurisdiction under this
chapter, the tribunal of this state shall issue a child support order, which controls.

(c) If two or more child support orders have been issued for the same obligor and
child, upon request of a party who is an individual or that is a support enforcement agency,
a tribunal of this state having personal jurisdiction over both the obligor and the obligee
who is an individual shall determine which order controls under paragraph (b). The
request may be filed with a registration for enforcement or registration for modification
pursuant to sections 518C.601 to 518C.616, or may be filed as a separate proceeding.

(d) A request to determine which is the controlling order must be accompanied
by a copy of every child support order in effect and the applicable record of payments.
The requesting party shall give notice of the request to each party whose rights may
be affected by the determination.

(e) The tribunal that issued the controlling order under paragraph (a), (b), or (c) has
continuing jurisdiction to the extent provided in section 518C.205, or 518C.206.

(f) A tribunal of this state which determines by order which is the controlling order
under paragraph (b), clause (1) or (2), or paragraph (c), or which issues a new controlling
child support order under paragraph (b), clause (3), shall state in that order:

(1) the basis upon which the tribunal made its determination;

(2) the amount of prospective support, if any; and

(3) the total amount of consolidated arrears and accrued interest, if any, under all of
the orders after all payments made are credited as provided by section 518C.209.

(g) Within 30 days after issuance of the order determining which is the controlling
order, the party obtaining that order shall file a certified copy of it with each tribunal that
issued or registered an earlier order of child support. A party or support enforcement
agency obtaining the order that fails to file a certified copy is subject to appropriate
sanctions by a tribunal in which the issue of failure to file arises. The failure to file does
not affect the validity or enforceability of the controlling order.

(h) An order that has been determined to be the controlling order, or a judgment for
consolidated arrears of support and interest, if any, made pursuant to this section must be
recognized in proceedings under this chapter.

Sec. 99.

Laws 2014, chapter 189, section 16, is amended to read:


Sec. 16.

Minnesota Statutes 2012, section 518C.301, is amended to read:


518C.301 PROCEEDINGS UNDER THIS CHAPTER.

(a) Except as otherwise provided in this chapter, sections 518C.301 to 518C.319
apply to all proceedings under this chapter.

(b) This chapter provides for the following proceedings:

(1) establishment of an order for spousal support or child support pursuant to
section 518C.401;

(2) enforcement of a support order and income-withholding order of another state or
a foreign country without registration pursuant to sections 518C.501 and 518C.502;

(3) registration of an order for spousal support or child support of another state or a
foreign country for enforcement pursuant to sections 518C.601 to 518C.612;

(4) modification of an order for child support or spousal support issued by a tribunal
of this state pursuant to sections 518C.203 to 518C.206;

(5) registration of an order for child support of another state or a foreign country for
modification pursuant to sections 518C.601 to 518C.612;

(6) determination of parentage of a child pursuant to section 518C.701; and

(7) assertion of jurisdiction over nonresidents pursuant to sections 518C.201 and
518C.202.

(c) (b) An individual petitioner or a support enforcement agency may commence
a proceeding authorized under this chapter by filing a petition in an initiating tribunal
for forwarding to a responding tribunal or by filing a petition or a comparable pleading
directly in a tribunal of another state or a foreign country which has or can obtain personal
jurisdiction over the respondent.

Sec. 100.

Laws 2014, chapter 189, section 17, is amended to read:


Sec. 17.

Minnesota Statutes 2012, section 518C.303, is amended to read:


518C.303 APPLICATION OF LAW OF THIS STATE.

Except as otherwise provided by this chapter, a responding tribunal of this state shall:

(1) apply the procedural and substantive law, including the rules on choice of law,
generally applicable to similar proceedings originating in this state and may exercise all
powers and provide all remedies available in those proceedings; and

(2) determine the duty of support and the amount payable in accordance with the
law and support guidelines of this state.

Sec. 101.

Laws 2014, chapter 189, section 18, is amended to read:


Sec. 18.

Minnesota Statutes 2012, section 518C.304, is amended to read:


518C.304 DUTIES OF INITIATING TRIBUNAL.

(a) Upon the filing of a petition authorized by this chapter, an initiating tribunal of
this state shall forward the petition and its accompanying documents:

(1) to the responding tribunal or appropriate support enforcement agency in the
responding state; or

(2) if the identity of the responding tribunal is unknown, to the state information
agency of the responding state with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged.

(b) If requested by the responding tribunal, a tribunal of this state shall issue a
certificate or other documents and make findings required by the law of the responding
state. If the responding tribunal is in a foreign country, upon request the tribunal of this
state shall specify the amount of support sought, convert that amount into the equivalent
amount in the foreign currency under applicable official or market exchange rate as
publicly reported, and provide other documents necessary to satisfy the requirements of
the responding foreign tribunal.

Sec. 102.

Laws 2014, chapter 189, section 19, is amended to read:


Sec. 19.

Minnesota Statutes 2012, section 518C.305, is amended to read:


518C.305 DUTIES AND POWERS OF RESPONDING TRIBUNAL.

(a) When a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to section 518C.301, paragraph (c)
(b)
, it shall cause the petition or pleading to be filed and notify the petitioner where and
when it was filed.

(b) A responding tribunal of this state, to the extent otherwise authorized by not
prohibited by other
law, may do one or more of the following:

(1) establish or enforce a support order, modify a child support order, determine the
controlling child support order, or to determine parentage of a child;

(2) order an obligor to comply with a support order, specifying the amount and
the manner of compliance;

(3) order income withholding;

(4) determine the amount of any arrearages, and specify a method of payment;

(5) enforce orders by civil or criminal contempt, or both;

(6) set aside property for satisfaction of the support order;

(7) place liens and order execution on the obligor's property;

(8) order an obligor to keep the tribunal informed of the obligor's current residential
address, electronic mail address, telephone number, employer, address of employment,
and telephone number at the place of employment;

(9) issue a bench warrant for an obligor who has failed after proper notice to appear
at a hearing ordered by the tribunal and enter the bench warrant in any local and state
computer systems for criminal warrants;

(10) order the obligor to seek appropriate employment by specified methods;

(11) award reasonable attorney's fees and other fees and costs; and

(12) grant any other available remedy.

(c) A responding tribunal of this state shall include in a support order issued under
this chapter, or in the documents accompanying the order, the calculations on which
the support order is based.

(d) A responding tribunal of this state may not condition the payment of a support
order issued under this chapter upon compliance by a party with provisions for visitation.

(e) If a responding tribunal of this state issues an order under this chapter, the
tribunal shall send a copy of the order to the petitioner and the respondent and to the
initiating tribunal, if any.

(f) If requested to enforce a support order, arrears, or judgment or modify a support
order stated in a foreign currency, a responding tribunal of this state shall convert the
amount stated in the foreign currency to the equivalent amount in dollars under the
applicable official or market exchange rate as publicly reported.

Sec. 103.

Laws 2014, chapter 189, section 23, is amended to read:


Sec. 23.

Minnesota Statutes 2012, section 518C.310, is amended to read:


518C.310 DUTIES OF STATE INFORMATION AGENCY.

(a) The unit within the Department of Human Services that receives and disseminates
incoming interstate actions under title IV-D of the Social Security Act is the State
Information Agency under this chapter.

(b) The State Information Agency shall:

(1) compile and maintain a current list, including addresses, of the tribunals in this
state which have jurisdiction under this chapter and any support enforcement agencies in
this state and transmit a copy to the state information agency of every other state;

(2) maintain a register of names and addresses of tribunals and support enforcement
agencies received from other states;

(3) forward to the appropriate tribunal in the place in this state in which the
individual obligee or the obligor resides, or in which the obligor's property is believed
to be located, all documents concerning a proceeding under this chapter received from
another state or a foreign country; and

(4) obtain information concerning the location of the obligor and the obligor's
property within this state not exempt from execution, by such means as postal verification
and federal or state locator services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental records, including, to
the extent not prohibited by other law, those relating to real property, vital statistics, law
enforcement, taxation, motor vehicles, driver's licenses, and Social Security.

Sec. 104.

Laws 2014, chapter 189, section 24, is amended to read:


Sec. 24.

Minnesota Statutes 2012, section 518C.311, is amended to read:


518C.311 PLEADINGS AND ACCOMPANYING DOCUMENTS.

(a) A petitioner seeking to establish or modify a support order, determine parentage
of a child, or register and modify a support order of a tribunal of another state or a foreign
country, in a proceeding under this chapter must file a petition. Unless otherwise ordered
under section 518C.312, the petition or accompanying documents must provide, so far
as known, the name, residential address, and Social Security numbers of the obligor and
the obligee or parent and alleged parent, and the name, sex, residential address, Social
Security number, and date of birth of each child for whom support is sought or whose
parenthood parentage is to be determined. Unless filed at the time of registration, the
petition must be accompanied by a certified copy of any support order in effect known
to have been issued by another tribunal
. The petition may include any other information
that may assist in locating or identifying the respondent.

(b) The petition must specify the relief sought. The petition and accompanying
documents must conform substantially with the requirements imposed by the forms
mandated by federal law for use in cases filed by a support enforcement agency.

Sec. 105.

Laws 2014, chapter 189, section 27, is amended to read:


Sec. 27.

Minnesota Statutes 2012, section 518C.314, is amended to read:


518C.314 LIMITED IMMUNITY OF PETITIONER.

(a) Participation by a petitioner in a proceeding under this chapter before a
responding tribunal, whether in person, by private attorney, or through services provided
by the support enforcement agency, does not confer personal jurisdiction over the
petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present
in this state to participate in a proceeding under this chapter.

(c) The immunity granted by this section does not extend to civil litigation based on
acts unrelated to a proceeding under this chapter committed by a party while physically
present in this state to participate in the proceeding.

Sec. 106.

Laws 2014, chapter 189, section 28, is amended to read:


Sec. 28.

Minnesota Statutes 2012, section 518C.316, is amended to read:


518C.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.

(a) The physical presence of the petitioner a nonresident party who is an individual
in a responding tribunal of this state is not required for the establishment, enforcement,
or modification of a support order or the rendition of a judgment determining parentage
of a child.

(b) A verified petition, An affidavit, a document substantially complying with
federally mandated forms, and or a document incorporated by reference in any of them,
not excluded under the hearsay rule if given in person, is admissible in evidence if given
under oath penalty of perjury by a party or witness residing outside this state.

(c) A copy of the record of child support payments certified as a true copy of the
original by the custodian of the record may be forwarded to a responding tribunal. The copy
is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal
health care of the mother and child, furnished to the adverse party at least ten days before
trial, are admissible in evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.

(e) Documentary evidence transmitted from outside this state to a tribunal of this state
by telephone, telecopier, or other electronic means that do not provide an original record
may not be excluded from evidence on an objection based on the means of transmission.

(f) In a proceeding under this chapter, a tribunal of this state shall permit a party
or witness residing outside this state to be deposed or to testify under penalty of perjury
by telephone, audiovisual means, or other electronic means at a designated tribunal or
other location. A tribunal of this state shall cooperate with other tribunals in designating
an appropriate location for the deposition or testimony.

(g) If a party called to testify at a civil hearing refuses to answer on the ground that
the testimony may be self-incriminating, the trier of fact may draw an adverse inference
from the refusal.

(h) A privilege against disclosure of communications between spouses does not
apply in a proceeding under this chapter.

(i) The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under this chapter.

(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible
to establish parentage of a child.

Sec. 107.

Laws 2014, chapter 189, section 29, is amended to read:


Sec. 29.

Minnesota Statutes 2012, section 518C.317, is amended to read:


518C.317 COMMUNICATIONS BETWEEN TRIBUNALS.

A tribunal of this state may communicate with a tribunal outside this state in
writing, by e-mail, or a record, or by telephone, electronic mail, or other means, to obtain
information concerning the laws of that state, the legal effect of a judgment, decree, or
order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish
similar information by similar means to a tribunal outside this state.

Sec. 108.

Laws 2014, chapter 189, section 31, is amended to read:


Sec. 31.

Minnesota Statutes 2012, section 518C.319, is amended to read:


518C.319 RECEIPT AND DISBURSEMENT OF PAYMENTS.

(a) A support enforcement agency or tribunal of this state shall disburse promptly
any amounts received pursuant to a support order, as directed by the order. The agency
or tribunal shall furnish to a requesting party or tribunal of another state or a foreign
country a certified statement by the custodian of the record of the amounts and dates
of all payments received.

(b) If neither the obligor, not nor the obligee who is an individual, nor the child
resides in this state, upon request from the support enforcement agency of this state or
another state, the support enforcement agency of this state or a tribunal of this state shall:

(1) direct that the support payment be made to the support enforcement agency in
the state in which the obligee is receiving services; and

(2) issue and send to the obligor's employer a conforming income-withholding order
or an administrative notice of change of payee, reflecting the redirected payments.

(c) The support enforcement agency of this state receiving redirected payments from
another state pursuant to a law similar to paragraph (b) shall furnish to a requesting party
or tribunal of the other state a certified statement by the custodian of the record of the
amount and dates of all payments received.

Sec. 109.

Laws 2014, chapter 189, section 43, is amended to read:


Sec. 43.

Minnesota Statutes 2012, section 518C.604, is amended to read:


518C.604 CHOICE OF LAW.

(a) Except as otherwise provided in paragraph (d), the law of the issuing state or
foreign country governs:

(1) the nature, extent, amount, and duration of current payments under a registered
support order;

(2) the computation and payment of arrearages and accrual of interest on the
arrearages under the support order; and

(3) the existence and satisfaction of other obligations under the support order.

(b) In a proceeding for arrearages under a registered support order, the statute of
limitation under the laws of this state or of the issuing state or foreign country, whichever
is longer, applies.

(c) A responding tribunal of this state shall apply the procedures and remedies of
this state to enforce current support and collect arrears and interest due on a support order
of another state or a foreign country registered in this state.

(d) After a tribunal of this state or another state determines which is the controlling
order and issues an order consolidating arrears, if any, a tribunal of this state shall
prospectively apply the law of the state or foreign country issuing the controlling order,
including its law on interest on arrears, on current and future support, and on consolidated
arrears.

Sec. 110.

Laws 2014, chapter 189, section 50, is amended to read:


Sec. 50.

Minnesota Statutes 2012, section 518C.611, is amended to read:


518C.611 MODIFICATION OF CHILD SUPPORT ORDER OF ANOTHER
STATE.

(a) If section 518C.613 does not apply, upon petition a tribunal of this state may
modify a child support order issued in another state that is registered in this state if, after
notice and hearing, it finds that:

(1) the following requirements are met:

(i) neither the child, nor the obligee who is an individual, nor the obligor resides
in the issuing state;

(ii) a petitioner who is a nonresident of this state seeks modification; and

(iii) the respondent is subject to the personal jurisdiction of the tribunal of this state; or

(2) this state is the residence of the child, or a party who is an individual is subject to
the personal jurisdiction of the tribunal of this state and all of the parties who are individuals
have filed written consents in a record in the issuing tribunal for a tribunal of this state to
modify the support order and assume continuing, exclusive jurisdiction over the order.

(b) Modification of a registered child support order is subject to the same
requirements, procedures, and defenses that apply to the modification of an order issued
by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this state may not modify any aspect of a child support order that
may not be modified under the law of the issuing state, including the duration of the
obligation of support. If two or more tribunals have issued child support orders for the
same obligor and child, the order that controls and must be recognized under section
518C.207 establishes the aspects of the support order which are nonmodifiable.

(d) In a proceeding to modify a child support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of the
obligation of support. The obligor's fulfillment of the duty of support established by that
order precludes imposition of a further obligation of support by a tribunal of this state.

(e) On issuance of an order by a tribunal of this state modifying a child support order
issued in another state, a tribunal of this state becomes the tribunal having continuing,
exclusive jurisdiction.

(f) Notwithstanding paragraphs (a) to (d) (e) and section 518C.201, paragraph (b),
a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this
state if:

(1) one party resides in another state; and

(2) the other party resides outside the United States.

Sec. 111.

Laws 2014, chapter 189, section 51, is amended to read:


Sec. 51.

Minnesota Statutes 2012, section 518C.612, is amended to read:


518C.612 RECOGNITION OF ORDER MODIFIED IN ANOTHER STATE.

If a child support order issued by a tribunal of this state is modified by a tribunal of
another state which assumed jurisdiction according to this chapter or a law substantially
similar to this chapter
pursuant to the Uniform Interstate Family Support Act, a tribunal of
this state:

(1) may enforce its order that was modified only as to arrears and interest accruing
before the modification;

(2) may provide appropriate relief for violations of its order which occurred before
the effective date of the modification; and

(3) shall recognize the modifying order of the other state, upon registration, for the
purpose of enforcement.

Sec. 112.

Laws 2014, chapter 189, section 73, is amended to read:


Sec. 73. EFFECTIVE DATE.

This act becomes is effective on the date that the United States deposits the
instrument of ratification for the Hague Convention on the International Recovery of Child
Support and Other Forms of Family Maintenance with the Hague Conference on Private
International Law
July 1, 2015.

EFFECTIVE DATE.

This section is effective July 1, 2015.

Sec. 113. GROUP RESIDENTIAL HOUSING REPORT ON PROGRAM
IMPROVEMENTS.

(a) The commissioner shall, in coordination with stakeholders and advocates, build
on the group residential housing (GRH) reforms made in the 2015 legislative session
related to program integrity and uniformity, by restructuring the payment rates, exploring
assessment tools, and proposing any other necessary modifications that will result in a
more cost-effective program, and report to the members of the legislative committees
having jurisdiction over GRH issues by December 15, 2015.

(b) The working group, consisting of the commissioner, stakeholders, and advocates,
shall examine the feasibility and fiscal implications of restructuring service rates by
eliminating the supplemental service rates, and developing a plan to fund only those
services, based on individual need, that are not covered by medical assistance, other
insurance, or other programs. In addition, the working group shall analyze the payment
structure, and explore different options, including tiered rates for services, and provide the
plan and analysis under this paragraph in the report under paragraph (a).

(c) To determine individual need, the working group shall explore assessment tools,
and determine the appropriate assessment tool for the different populations served by the
GRH program, which include homeless individuals, individuals with mental illness, and
individuals who are chemically dependent. The working group shall coordinate efforts
with agency staff who have expertise related to these populations, and use relevant
information and data that is available, to determine the most appropriate and effective
assessment tool or tools, and provide the analysis and an assessment recommendation in
the report under paragraph (a).

Sec. 114. PARENTING EXPENSE ADJUSTMENT REVIEW.

The commissioner of human services shall review the parenting expense adjustment
in Minnesota Statutes, section 518A.36, and identify and recommend changes to the
parenting expense adjustment. The commissioner is authorized to retain the services of
an economist to help create an equitable parenting expense adjustment formula. The
commissioner may hire an economist by use of a sole-source contract.

Sec. 115. INSTRUCTIONS TO THE COMMISSIONER; CHILD
MALTREATMENT SCREENING GUIDELINES.

(a) No later than August 1, 2015, the commissioner of human services shall update the
child maltreatment screening guidelines to require agencies to consider prior reports that
were not screened in when determining whether a new report will or will not be screened
in. The updated guidelines must emphasize that intervention and prevention efforts are to
focus on child safety and the ongoing risk of child abuse or neglect, and that the health and
safety of children are of paramount concern. The commissioner shall work with a diverse
group of community representatives who are experts on limiting cultural and ethnic bias
when developing the updated guidelines. The guidelines must be developed with special
sensitivity to reducing system bias with regard to screening and assessment tools.

(b) No later than September 30, 2015, the commissioner shall publish and distribute
the updated guidelines and ensure that all agency staff have received training on the
updated guidelines.

(c) Agency staff must implement the guidelines by October 1, 2015.

Sec. 116. COMMISSIONER'S DUTY TO PROVIDE TRAINING TO CHILD
PROTECTION SUPERVISORS.

The commissioner shall establish requirements for competency-based initial training,
support, and continuing education for child protection supervisors. This would include
developing a set of competencies specific to child protection supervisor knowledge, skills,
and attitudes based on the Minnesota Child Welfare Practice Model. Competency-based
training of supervisors must advance continuous emphasis and improvement in skills that
promote the use of the client's culture as a resource and the ability to integrate the client's
traditions, customs, values, and faith into service delivery.

Sec. 117. CHILD PROTECTION UPDATED FORMULA.

The commissioner of human services shall evaluate the formulas in Minnesota
Statutes, sections 256M.41 and 256M.42, and recommend an updated equitable
distribution formula beginning in fiscal year 2018, for funding child protection services
and staffing to counties and tribes, taking into consideration any relief to counties and
tribes for child welfare and foster care costs, additional tribes delivering social services,
and any other relevant information that should be considered in developing a new
distribution formula. The commissioner shall report to the legislative committees having
jurisdiction over child protection issues by December 15, 2016.

Sec. 118. TRANSFER.

Minnesota Statutes, section 15.039, applies to the transfer from the Office of
Ombudspersons for Families to the Department of Human Services.

Sec. 119. REVISOR'S INSTRUCTION.

The revisor shall alphabetize the definitions in Minnesota Statutes, section 626.556,
subdivision 2, and correct related cross-references.

Sec. 120. REPEALER.

Minnesota Statutes 2014, sections 257.0755, subdivision 1; 257.0768; and 290.0671,
subdivision 6a,
are repealed.

EFFECTIVE DATE.

This section is effective for fiscal year 2016 and thereafter.

ARTICLE 2

CHEMICAL AND MENTAL HEALTH SERVICES

Section 1.

Minnesota Statutes 2014, section 13.46, subdivision 2, is amended to read:


Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or
disseminated by the welfare system are private data on individuals, and shall not be
disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to
the administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services
to an individual or family across programs; coordinate services for an individual or
family;
evaluate the effectiveness of programs; assess parental contribution amounts;
and investigate suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to assess parental contribution amounts for
purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their dependent's
names, dates of birth, Social Security numbers, income, addresses, and other data as
required, upon request by the Department of Revenue. Disclosures by the commissioner
of revenue to the commissioner of human services for the purposes described in this clause
are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
but are not limited to, the dependent care credit under section 290.067, the Minnesota
working family credit under section 290.0671, the property tax refund and rental credit
under section 290A.04, and the Minnesota education credit under section 290.0674;

(9) between the Department of Human Services, the Department of Employment
and Economic Development, and when applicable, the Department of Education, for
the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child
care assistance program by exchanging data on recipients and former recipients of food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and

(iv) to analyze public assistance employment services and program utilization,
cost, effectiveness, and outcomes as implemented under the authority established in Title
II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
1999. Health records governed by sections 144.291 to 144.298 and "protected health
information" as defined in Code of Federal Regulations, title 45, section 160.103, and
governed by Code of Federal Regulations, title 45, parts 160-164, including health care
claims utilization information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of the individual or other
individuals or persons;

(11) data maintained by residential programs as defined in section 245A.02 may
be disclosed to the protection and advocacy system established in this state according
to Part C of Public Law 98-527 to protect the legal and human rights of persons with
developmental disabilities or other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a complaint by or on behalf
of that person and the person does not have a legal guardian or the state or a designee of
the state is the legal guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency
may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
determine eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security numbers and names collected by the telephone
assistance program may be disclosed to the Department of Revenue to conduct an
electronic data match with the property tax refund database to determine eligibility under
section 237.70, subdivision 4a;

(15) the current address of a Minnesota family investment program participant
may be disclosed to law enforcement officers who provide the name of the participant
and notify the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance or general assistance
medical care may be disclosed to probation officers and corrections agents who are
supervising the recipient and to law enforcement officers who are investigating the
recipient in connection with a felony level offense;

(17) information obtained from food support applicant or recipient households may
be disclosed to local, state, or federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the Food Stamp Act, according
to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security number, and, if available, photograph of any
member of a household receiving food support shall be made available, on request, to a
local, state, or federal law enforcement officer if the officer furnishes the agency with the
name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal
law; or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official
duty;

(19) the current address of a recipient of Minnesota family investment program,
general assistance, general assistance medical care, or food support may be disclosed to
law enforcement officers who, in writing, provide the name of the recipient and notify the
agency that the recipient is a person required to register under section 243.166, but is not
residing at the address at which the recipient is registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on
the distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the
income of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7
;

(23) to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students eligible for free
and reduced-price meals, meal supplements, and free milk according to United States
Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
state funds that are distributed based on income of the student's family; and to verify
receipt of energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by federal regulation or law for
the administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for
access to the child support system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by
exchanging data between the Departments of Human Services and Education, on
recipients and former recipients of food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;

(28) to evaluate child support program performance and to identify and prevent
fraud in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
and (b), without regard to the limitation of use in paragraph (c), Department of Health,
Department of Employment and Economic Development, and other state agencies as is
reasonably necessary to perform these functions;

(29) counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the commissioner
of education; or

(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law.; or

(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services, provided that a health record may be disclosed only as
provided under section 144.293.

(b) Information on persons who have been treated for drug or alcohol abuse may
only be disclosed according to the requirements of Code of Federal Regulations, title
42, sections 2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).

For the purposes of this subdivision, a request will be deemed to be made in writing
if made through a computer interface system.

Sec. 2.

Minnesota Statutes 2014, section 13.46, subdivision 7, is amended to read:


Subd. 7.

Mental health data.

(a) Mental health data are private data on individuals
and shall not be disclosed, except:

(1) pursuant to section 13.05, as determined by the responsible authority for the
community mental health center, mental health division, or provider;

(2) pursuant to court order;

(3) pursuant to a statute specifically authorizing access to or disclosure of mental
health data or as otherwise provided by this subdivision; or

(4) to personnel of the welfare system working in the same program or providing
services to the same individual or family to the extent necessary to coordinate services,
provided that a health record may be disclosed only as provided under section 144.293;

(5) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services, provided that a health record may be disclosed only as
provided under section 144.293; or

(6) with the consent of the client or patient.

(b) An agency of the welfare system may not require an individual to consent to the
release of mental health data as a condition for receiving services or for reimbursing a
community mental health center, mental health division of a county, or provider under
contract to deliver mental health services.

(c) Notwithstanding section 245.69, subdivision 2, paragraph (f), or any other law
to the contrary, the responsible authority for a community mental health center, mental
health division of a county, or a mental health provider must disclose mental health data to
a law enforcement agency if the law enforcement agency provides the name of a client or
patient and communicates that the:

(1) client or patient is currently involved in an emergency interaction with the law
enforcement agency; and

(2) data is necessary to protect the health or safety of the client or patient or of
another person.

The scope of disclosure under this paragraph is limited to the minimum necessary for
law enforcement to respond to the emergency. Disclosure under this paragraph may include,
but is not limited to, the name and telephone number of the psychiatrist, psychologist,
therapist, mental health professional, practitioner, or case manager of the client or patient.
A law enforcement agency that obtains mental health data under this paragraph shall
maintain a record of the requestor, the provider of the information, and the client or patient
name. Mental health data obtained by a law enforcement agency under this paragraph
are private data on individuals and must not be used by the law enforcement agency for
any other purpose. A law enforcement agency that obtains mental health data under this
paragraph shall inform the subject of the data that mental health data was obtained.

(d) In the event of a request under paragraph (a), clause (4), a community mental
health center, county mental health division, or provider must release mental health data to
Criminal Mental Health Court personnel in advance of receiving a copy of a consent if the
Criminal Mental Health Court personnel communicate that the:

(1) client or patient is a defendant in a criminal case pending in the district court;

(2) data being requested is limited to information that is necessary to assess whether
the defendant is eligible for participation in the Criminal Mental Health Court; and

(3) client or patient has consented to the release of the mental health data and a copy
of the consent will be provided to the community mental health center, county mental
health division, or provider within 72 hours of the release of the data.

For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty
criminal calendar of the Hennepin County District Court for defendants with mental illness
and brain injury where a primary goal of the calendar is to assess the treatment needs of
the defendants and to incorporate those treatment needs into voluntary case disposition
plans. The data released pursuant to this paragraph may be used for the sole purpose of
determining whether the person is eligible for participation in mental health court. This
paragraph does not in any way limit or otherwise extend the rights of the court to obtain the
release of mental health data pursuant to court order or any other means allowed by law.

Sec. 3.

Minnesota Statutes 2014, section 144.293, subdivision 6, is amended to read:


Subd. 6.

Consent does not expire.

Notwithstanding subdivision 4, if a patient
explicitly gives informed consent to the release of health records for the purposes and
restrictions in clauses clause (1) and, (2), or (3), the consent does not expire after one
year for:

(1) the release of health records to a provider who is being advised or consulted with
in connection with the releasing provider's current treatment of the patient;

(2) the release of health records to an accident and health insurer, health service plan
corporation, health maintenance organization, or third-party administrator for purposes of
payment of claims, fraud investigation, or quality of care review and studies, provided that:

(i) the use or release of the records complies with sections 72A.49 to 72A.505;

(ii) further use or release of the records in individually identifiable form to a person
other than the patient without the patient's consent is prohibited; and

(iii) the recipient establishes adequate safeguards to protect the records from
unauthorized disclosure, including a procedure for removal or destruction of information
that identifies the patient; or

(3) the release of health records to a program in the welfare system, as defined in
section 13.46, to the extent necessary to coordinate services for the patient
.

Sec. 4.

Minnesota Statutes 2014, section 245.4661, subdivision 5, is amended to read:


Subd. 5.

Planning for pilot projects.

(a) Each local plan for a pilot project, with
the exception of the placement of a Minnesota specialty treatment facility as defined in
paragraph (c), must be developed under the direction of the county board, or multiple
county boards acting jointly, as the local mental health authority. The planning process
for each pilot shall include, but not be limited to, mental health consumers, families,
advocates, local mental health advisory councils, local and state providers, representatives
of state and local public employee bargaining units, and the department of human services.
As part of the planning process, the county board or boards shall designate a managing
entity responsible for receipt of funds and management of the pilot project.

(b) For Minnesota specialty treatment facilities, the commissioner shall issue a
request for proposal for regions in which a need has been identified for services.

(c) For purposes of this section, "Minnesota specialty treatment facility" is defined
as an intensive rehabilitative mental health residential treatment service under section
256B.0622, subdivision 2, paragraph (b).

Sec. 5.

Minnesota Statutes 2014, section 245.4661, subdivision 6, is amended to read:


Subd. 6.

Duties of commissioner.

(a) For purposes of the pilot projects, the
commissioner shall facilitate integration of funds or other resources as needed and
requested by each project. These resources may include:

(1) community support services funds administered under Minnesota Rules, parts
9535.1700 to 9535.1760;

(2) other mental health special project funds;

(3) medical assistance, general assistance medical care, MinnesotaCare and group
residential housing if requested by the project's managing entity, and if the commissioner
determines this would be consistent with the state's overall health care reform efforts; and

(4) regional treatment center resources consistent with section 246.0136, subdivision
1
; and.

(5) funds transferred from section 246.18, subdivision 8, for grants to providers to
participate in mental health specialty treatment services, awarded to providers through
a request for proposal process.

(b) The commissioner shall consider the following criteria in awarding start-up and
implementation grants for the pilot projects:

(1) the ability of the proposed projects to accomplish the objectives described in
subdivision 2;

(2) the size of the target population to be served; and

(3) geographical distribution.

(c) The commissioner shall review overall status of the projects initiatives at least
every two years and recommend any legislative changes needed by January 15 of each
odd-numbered year.

(d) The commissioner may waive administrative rule requirements which are
incompatible with the implementation of the pilot project.

(e) The commissioner may exempt the participating counties from fiscal sanctions
for noncompliance with requirements in laws and rules which are incompatible with the
implementation of the pilot project.

(f) The commissioner may award grants to an entity designated by a county board or
group of county boards to pay for start-up and implementation costs of the pilot project.

Sec. 6.

Minnesota Statutes 2014, section 245.4661, is amended by adding a subdivision
to read:


Subd. 9.

Services and programs.

(a) The following three distinct grant programs
are funded under this section:

(1) mental health crisis services;

(2) housing with supports for adults with serious mental illness; and

(3) projects for assistance in transitioning from homelessness (PATH program).

(b) In addition, the following are eligible for grant funds:

(1) community education and prevention;

(2) client outreach;

(3) early identification and intervention;

(4) adult outpatient diagnostic assessment and psychological testing;

(5) peer support services;

(6) community support program services (CSP);

(7) adult residential crisis stabilization;

(8) supported employment;

(9) assertive community treatment (ACT);

(10) housing subsidies;

(11) basic living, social skills, and community intervention;

(12) emergency response services;

(13) adult outpatient psychotherapy;

(14) adult outpatient medication management;

(15) adult mobile crisis services;

(16) adult day treatment;

(17) partial hospitalization;

(18) adult residential treatment;

(19) adult mental heath targeted case management;

(20) intensive community residential services (IRCS); and

(21) transportation.

Sec. 7.

Minnesota Statutes 2014, section 245.4661, is amended by adding a subdivision
to read:


Subd. 10.

Commissioner duty to report on use of grant funds biennially.

By
November 1, 2016, and biennially thereafter, the commissioner of human services shall
provide sufficient information to the members of the legislative committees having
jurisdiction over mental health funding and policy issues to evaluate the use of funds
appropriated under this section of law. The commissioner shall provide, at a minimum,
the following information:

(1) the amount of funding to mental health initiatives, what programs and services
were funded in the previous two years, gaps in services that each initiative brought to
the attention of the commissioner, and outcome data for the programs and services that
were funded; and

(2) the amount of funding for other targeted services and the location of services.

Sec. 8.

Minnesota Statutes 2014, section 245.467, subdivision 6, is amended to read:


Subd. 6.

Restricted access to data.

The county board shall establish procedures
to ensure that the names and addresses of persons receiving mental health services are
disclosed only to:

(1) county employees who are specifically responsible for determining county of
financial responsibility or making payments to providers; and

(2) staff who provide treatment services or case management and their clinical
supervisors.; and

(3) personnel of the welfare system or health care providers who have access to the
data under section 13.46, subdivision 7.

Release of mental health data on individuals submitted under subdivisions 4 and 5,
to persons other than those specified in this subdivision, or use of this data for purposes
other than those stated in subdivisions 4 and 5, results in civil or criminal liability under
the standards in section 13.08 or 13.09.

Sec. 9.

Minnesota Statutes 2014, section 245.469, is amended by adding a subdivision
to read:


Subd. 3.

Commissioner duties.

By July 1, 2016, unless otherwise specified, the
commissioner shall:

(1) enhance oversight and training of the state's mobile crisis services to ensure
consistency throughout the state, including the development and implementation of a
certification process for mental health emergency telephone lines;

(2) develop standards for crisis services to ensure uniformity in the services that
crisis response providers are delivering to clients;

(3) provide specialty telephone consultation 24 hours per day to mobile crisis
teams serving persons with traumatic brain injury or an intellectual disability who are
experiencing a mental health crisis;

(4) establish a single statewide mental health crisis phone number to immediately
connect the person in crisis with the closest crisis response provider; and

(5) by July 1, 2018, provide 24/7 availability of mobile crisis teams throughout
the state.

Sec. 10.

Minnesota Statutes 2014, section 245.4876, subdivision 7, is amended to read:


Subd. 7.

Restricted access to data.

The county board shall establish procedures
to ensure that the names and addresses of children receiving mental health services and
their families are disclosed only to:

(1) county employees who are specifically responsible for determining county of
financial responsibility or making payments to providers; and

(2) staff who provide treatment services or case management and their clinical
supervisors.; and

(3) personnel of the welfare system or health care providers who have access to the
data under section 13.46, subdivision 7.

Release of mental health data on individuals submitted under subdivisions 5 and 6,
to persons other than those specified in this subdivision, or use of this data for purposes
other than those stated in subdivisions 5 and 6, results in civil or criminal liability under
section 13.08 or 13.09.

Sec. 11.

Minnesota Statutes 2014, section 245.4889, subdivision 1, is amended to read:


Subdivision 1.

Establishment and authority.

(a) The commissioner is authorized
to make grants from available appropriations to assist:

(1) counties;

(2) Indian tribes;

(3) children's collaboratives under section 124D.23 or 245.493; or

(4) mental health service providers

for providing services to children with emotional disturbances as defined in section
245.4871, subdivision 15, and their families. The commissioner may also authorize
grants to young adults meeting the criteria for transition services in section 245.4875,
subdivision 8, and their families
.

(b) The following services are eligible for grants under this section:

(1) services to children with emotional disturbances as defined in section 245.4871,
subdivision 15, and their families;

(2) transition services under section 245.4875, subdivision 8, for young adults under
age 21 and their families;

(3) respite care services for children with severe emotional disturbances who are at
risk of out-of-home placement;

(4) children's mental health crisis services;

(5) mental health services for people from cultural and ethnic minorities;

(6) children's mental health screening and follow-up diagnostic assessment and
treatment;

(7) services to promote and develop the capacity of providers to use evidence-based
practices in providing children's mental health services;

(8) school-linked mental health services;

(9) building evidence-based mental health intervention capacity for children birth to
age five;

(10) suicide prevention and counseling services that use text messaging statewide;

(11) mental health first aid training;

(12) training for parents, collaborative partners, and mental health providers on the
impact of adverse childhood experiences and trauma and development of an interactive
Web site to share information and strategies to promote resilience and prevent trauma;

(13) transition age services to develop or expand mental health treatment and
supports for adolescents and young adults 26 years of age or younger;

(14) early childhood mental health consultation;

(15) evidence-based interventions for youth at risk of developing or experiencing a
first episode of psychosis, and a public awareness campaign on the signs and symptoms of
psychosis; and

(16) psychiatric consultation for primary care practitioners.

(c) Services under paragraph (a) (b) must be designed to help each child to function
and remain with the child's family in the community and delivered consistent with the
child's treatment plan. Transition services to eligible young adults under paragraph (a) (b)
must be designed to foster independent living in the community.

Sec. 12.

Minnesota Statutes 2014, section 245.4889, is amended by adding a
subdivision to read:


Subd. 3.

Commissioner duty to report on use of grant funds biennially.

By
November 1, 2016, and biennially thereafter, the commissioner of human services shall
provide sufficient information to the members of the legislative committees having
jurisdiction over mental health funding and policy issues to evaluate the use of funds
appropriated under this section. The commissioner shall provide, at a minimum, the
following information:

(1) the amount of funding for children's mental health grants, what programs and
services were funded in the previous two years, and outcome data for the programs and
services that were funded; and

(2) the amount of funding for other targeted services and the location of services.

Sec. 13.

[245.735] EXCELLENCE IN MENTAL HEALTH DEMONSTRATION
PROJECT.

Subdivision 1.

Excellence in Mental Health demonstration project.

The
commissioner shall develop and execute projects to reform the mental health system by
participating in the Excellence in Mental Health demonstration project.

Subd. 2.

Federal proposal.

The commissioner shall develop and submit to the
United States Department of Health and Human Services a proposal for the Excellence
in Mental Health demonstration project. The proposal shall include any necessary state
plan amendments, waivers, requests for new funding, realignment of existing funding, and
other authority necessary to implement the projects specified in subdivision 4.

Subd. 3.

Rules.

By January 15, 2017, the commissioner shall adopt rules that meet
the criteria in subdivision 4, paragraph (a), to establish standards for state certification
of community behavioral health clinics, and rules that meet the criteria in subdivision 4,
paragraph (b), to implement a prospective payment system for medical assistance payment
of mental health services delivered in certified community behavioral health clinics. These
rules shall comply with federal requirements for certification of community behavioral
health clinics and the prospective payment system and shall apply to community mental
health centers, mental health clinics, mental health residential treatment centers, essential
community providers, federally qualified health centers, and rural health clinics. The
commissioner may adopt rules under this subdivision using the expedited process in
section 14.389.

Subd. 4.

Reform projects.

(a) The commissioner shall establish standards for state
certification of clinics as certified community behavioral health clinics, in accordance with
the criteria published on or before September 1, 2015, by the United States Department
of Health and Human Services. Certification standards established by the commissioner
shall require that:

(1) clinic staff have backgrounds in diverse disciplines, include licensed mental
health professionals, and are culturally and linguistically trained to serve the needs of the
clinic's patient population;

(2) clinic services are available and accessible and that crisis management services
are available 24 hours per day;

(3) fees for clinic services are established using a sliding fee scale and services to
patients are not denied or limited due to a patient's inability to pay for services;

(4) clinics provide coordination of care across settings and providers to ensure
seamless transitions for patients across the full spectrum of health services, including
acute, chronic, and behavioral needs. Care coordination may be accomplished through
partnerships or formal contracts with federally qualified health centers, inpatient
psychiatric facilities, substance use and detoxification facilities, community-based mental
health providers, and other community services, supports, and providers including
schools, child welfare agencies, juvenile and criminal justice agencies, Indian Health
Services clinics, tribally licensed health care and mental health facilities, urban Indian
health clinics, Department of Veterans Affairs medical centers, outpatient clinics, drop-in
centers, acute care hospitals, and hospital outpatient clinics;

(5) services provided by clinics include crisis mental health services, emergency
crisis intervention services, and stabilization services; screening, assessment, and diagnosis
services, including risk assessments and level of care determinations; patient-centered
treatment planning; outpatient mental health and substance use services; targeted case
management; psychiatric rehabilitation services; peer support and counselor services and
family support services; and intensive community-based mental health services, including
mental health services for members of the armed forces and veterans; and

(6) clinics comply with quality assurance reporting requirements and other reporting
requirements, including any required reporting of encounter data, clinical outcomes data,
and quality data.

(b) The commissioner shall establish standards and methodologies for a prospective
payment system for medical assistance payments for mental health services delivered by
certified community behavioral health clinics, in accordance with guidance issued on or
before September 1, 2015, by the Centers for Medicare and Medicaid Services. During the
operation of the demonstration project, payments shall comply with federal requirements
for a 90 percent enhanced federal medical assistance percentage.

Subd. 5.

Public participation.

In developing the projects under subdivision 4, the
commissioner shall consult with mental health providers, advocacy organizations, licensed
mental health professionals, and Minnesota public health care program enrollees who
receive mental health services and their families.

Subd. 6.

Information systems support.

The commissioner and the state chief
information officer shall provide information systems support to the projects as necessary
to comply with federal requirements and the deadlines in subdivision 3.

Sec. 14.

Minnesota Statutes 2014, section 246.18, subdivision 8, is amended to read:


Subd. 8.

State-operated services account.

(a) The state-operated services account is
established in the special revenue fund. Revenue generated by new state-operated services
listed under this section established after July 1, 2010, that are not enterprise activities must
be deposited into the state-operated services account, unless otherwise specified in law:

(1) intensive residential treatment services;

(2) foster care services; and

(3) psychiatric extensive recovery treatment services.

(b) Funds deposited in the state-operated services account are available appropriated
to the commissioner of human services for the purposes of:

(1) providing services needed to transition individuals from institutional settings
within state-operated services to the community when those services have no other
adequate funding source; and

(2) grants to providers participating in mental health specialty treatment services
under section 245.4661; and

(3) to fund the operation of the intensive residential treatment service program in
Willmar.

Sec. 15.

Minnesota Statutes 2014, section 253B.18, subdivision 4c, is amended to read:


Subd. 4c.

Special review board.

(a) The commissioner shall establish one or more
panels of a special review board. The board shall consist of three members experienced
in the field of mental illness. One member of each special review board panel shall be a
psychiatrist or a doctoral level psychologist with forensic experience and one member
shall be an attorney. No member shall be affiliated with the Department of Human
Services. The special review board shall meet at least every six months and at the call of
the commissioner. It shall hear and consider all petitions for a reduction in custody or to
appeal a revocation of provisional discharge. A "reduction in custody" means transfer
from a secure treatment facility, discharge, and provisional discharge. Patients may be
transferred by the commissioner between secure treatment facilities without a special
review board hearing.

Members of the special review board shall receive compensation and reimbursement
for expenses as established by the commissioner.

(b) The special review board must review each denied petition under subdivision
5 for barriers and obstacles preventing the patient from progressing in treatment. Based
on the cases before the board in the previous year, the special review board shall provide
to the commissioner an annual summation of the barriers to treatment progress, and
recommendations to achieve the common goal of making progress in treatment.

(c) A petition filed by a person committed as mentally ill and dangerous to the
public under this section must be heard as provided in subdivision 5 and, as applicable,
subdivision 13. A petition filed by a person committed as a sexual psychopathic personality
or as a sexually dangerous person under chapter 253D, or committed as both mentally ill
and dangerous to the public under this section and as a sexual psychopathic personality or
as a sexually dangerous person must be heard as provided in section 253D.27.

EFFECTIVE DATE.

This section is effective January 1, 2016.

Sec. 16.

Minnesota Statutes 2014, section 253B.18, subdivision 5, is amended to read:


Subd. 5.

Petition; notice of hearing; attendance; order.

(a) A petition for
a reduction in custody or revocation of provisional discharge shall be filed with the
commissioner and may be filed by the patient or by the head of the treatment facility. A
patient may not petition the special review board for six months following commitment
under subdivision 3 or following the final disposition of any previous petition and
subsequent appeal by the patient. The head of the treatment facility must schedule a
hearing before the special review board for any patient who has not appeared before the
special review board in the previous three years, and schedule a hearing at least every
three years thereafter.
The medical director may petition at any time.

(b) Fourteen days prior to the hearing, the committing court, the county attorney of
the county of commitment, the designated agency, interested person, the petitioner, and
the petitioner's counsel shall be given written notice by the commissioner of the time and
place of the hearing before the special review board. Only those entitled to statutory notice
of the hearing or those administratively required to attend may be present at the hearing.
The patient may designate interested persons to receive notice by providing the names
and addresses to the commissioner at least 21 days before the hearing. The board shall
provide the commissioner with written findings of fact and recommendations within 21
days of the hearing. The commissioner shall issue an order no later than 14 days after
receiving the recommendation of the special review board. A copy of the order shall be
mailed to every person entitled to statutory notice of the hearing within five days after it
is signed. No order by the commissioner shall be effective sooner than 30 days after the
order is signed, unless the county attorney, the patient, and the commissioner agree that
it may become effective sooner.

(c) The special review board shall hold a hearing on each petition prior to making
its recommendation to the commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency receiving notice that
submits documentary evidence to the special review board prior to the hearing shall also
provide copies to the patient, the patient's counsel, the county attorney of the county of
commitment, the case manager, and the commissioner.

(d) Prior to the final decision by the commissioner, the special review board may be
reconvened to consider events or circumstances that occurred subsequent to the hearing.

(e) In making their recommendations and order, the special review board and
commissioner must consider any statements received from victims under subdivision 5a.

EFFECTIVE DATE.

This section is effective January 1, 2016, with hearings
starting no later than February 1, 2016.

Sec. 17.

Minnesota Statutes 2014, section 254B.05, subdivision 5, is amended to read:


Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for
chemical dependency services and service enhancements funded under this chapter.

(b) Eligible chemical dependency treatment services include:

(1) outpatient treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license;

(2) medication-assisted therapy services that are licensed according to Minnesota
Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;

(3) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (2) and provide nine hours of clinical services each week;

(4) high, medium, and low intensity residential treatment services that are licensed
according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
tribal license which provide, respectively, 30, 15, and five hours of clinical services each
week;

(5) hospital-based treatment services that are licensed according to Minnesota Rules,
parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
sections 144.50 to 144.56;

(6) adolescent treatment programs that are licensed as outpatient treatment programs
according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment
programs according to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to
2960.0490, or applicable tribal license; and

(7) high-intensity residential treatment services that are licensed according to
Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable tribal
license, which provide 30 hours of clinical services each week provided by a state-operated
vendor or to clients who have been civilly committed to the commissioner, present the
most complex and difficult care needs, and are a potential threat to the community; and

(8) room and board facilities that meet the requirements of section 254B.05,
subdivision 1a.

(c) The commissioner shall establish higher rates for programs that meet the
requirements of paragraph (b) and the following additional requirements:

(1) programs that serve parents with their children if the program:

(i) provides on-site child care during hours of treatment activity that meets the
requirements in Minnesota Rules, part 9530.6490, or section 245A.03, subdivision 2; or

(ii) arranges for off-site child care during hours of treatment activity at a facility that
is licensed under chapter 245A as:

(A) a child care center under Minnesota Rules, chapter 9503; or

(B) a family child care home under Minnesota Rules, chapter 9502;

(2) culturally specific programs as defined in section 254B.01, subdivision 8, if the
program meets the requirements in Minnesota Rules, part 9530.6605, subpart 13;

(3) programs that offer medical services delivered by appropriately credentialed
health care staff in an amount equal to two hours per client per week if the medical
needs of the client and the nature and provision of any medical services provided are
documented in the client file; and

(4) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:

(i) the program meets the co-occurring requirements in Minnesota Rules, part
9530.6495;

(ii) 25 percent of the counseling staff are licensed mental health professionals, as
defined in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing
candidates under the supervision of a licensed alcohol and drug counselor supervisor and
licensed mental health professional, except that no more than 50 percent of the mental
health staff may be students or licensing candidates with time documented to be directly
related to provisions of co-occurring services;

(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;

(iv) the program has standards for multidisciplinary case review that include a
monthly review for each client that, at a minimum, includes a licensed mental health
professional and licensed alcohol and drug counselor, and their involvement in the review
is documented;

(v) family education is offered that addresses mental health and substance abuse
disorders and the interaction between the two; and

(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder
training annually.

(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the chemical dependency facility of the child care provider's current licensure to provide
child care services. Programs that provide child care according to paragraph (c), clause
(1), must be deemed in compliance with the licensing requirements in Minnesota Rules,
part 9530.6490.

(e) Adolescent residential programs that meet the requirements of Minnesota
Rules, parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the
requirements in paragraph (c), clause (4), items (i) to (iv).

Sec. 18.

Minnesota Statutes 2014, section 254B.12, subdivision 2, is amended to read:


Subd. 2.

Payment methodology for highly specialized vendors.

(a)
Notwithstanding subdivision 1, the commissioner shall seek federal authority to develop
separate payment methodologies for chemical dependency treatment services provided
under the consolidated chemical dependency treatment fund: (1) by a state-operated
vendor; or (2) for persons who have been civilly committed to the commissioner, present
the most complex and difficult care needs, and are a potential threat to the community. A
payment methodology under this subdivision is effective for services provided on or after
October 1, 2015, or on or after the receipt of federal approval, whichever is later.

(b) Before implementing an approved payment methodology under paragraph
(a), the commissioner must also receive any necessary legislative approval of required
changes to state law or funding.

Sec. 19.

Minnesota Statutes 2014, section 256B.0615, subdivision 3, is amended to read:


Subd. 3.

Eligibility.

Peer support services may be made available to consumers
of (1) intensive rehabilitative mental health residential treatment services under section
256B.0622; (2) adult rehabilitative mental health services under section 256B.0623; and
(3) crisis stabilization and mental health mobile crisis intervention services under section
256B.0624.

Sec. 20.

Minnesota Statutes 2014, section 256B.0622, subdivision 1, is amended to read:


Subdivision 1.

Scope.

Subject to federal approval, medical assistance covers
medically necessary, intensive nonresidential assertive community treatment and intensive
residential rehabilitative mental health treatment services as defined in subdivision 2, for
recipients as defined in subdivision 3, when the services are provided by an entity meeting
the standards in this section.

Sec. 21.

Minnesota Statutes 2014, section 256B.0622, subdivision 2, is amended to read:


Subd. 2.

Definitions.

For purposes of this section, the following terms have the
meanings given them.

(a) "Intensive nonresidential rehabilitative mental health services" means adult
rehabilitative mental health services as defined in section 256B.0623, subdivision 2,
paragraph (a), except that these services are provided by a multidisciplinary staff using
a total team approach consistent with assertive community treatment, the Fairweather
Lodge treatment model, as defined by the standards established by the National Coalition
for Community Living, and other evidence-based practices, and directed to recipients with
a serious mental illness who require intensive services.
"Assertive community treatment"
means intensive nonresidential rehabilitative mental health services provided according
to the evidence-based practice of assertive community treatment. Core elements of this
service include, but are not limited to:

(1) a multidisciplinary staff who utilize a total team approach and who serve as a
fixed point of responsibility for all service delivery;

(2) providing services 24 hours per day and 7 days per week;

(3) providing the majority of services in a community setting;

(4) offering a low ratio of recipients to staff; and

(5) providing service that is not time-limited.

(b) "Intensive residential rehabilitative mental health treatment services" means
short-term, time-limited services provided in a residential setting to recipients who are
in need of more restrictive settings and are at risk of significant functional deterioration
if they do not receive these services. Services are designed to develop and enhance
psychiatric stability, personal and emotional adjustment, self-sufficiency, and skills to live
in a more independent setting. Services must be directed toward a targeted discharge
date with specified client outcomes and must be consistent with the Fairweather Lodge
treatment model as defined in paragraph (a), and other evidence-based practices
.

(c) "Evidence-based practices" are nationally recognized mental health services that
are proven by substantial research to be effective in helping individuals with serious
mental illness obtain specific treatment goals.

(d) "Overnight staff" means a member of the intensive residential rehabilitative
mental health treatment team who is responsible during hours when recipients are
typically asleep.

(e) "Treatment team" means all staff who provide services under this section to
recipients. At a minimum, this includes the clinical supervisor, mental health professionals
as defined in section 245.462, subdivision 18, clauses (1) to (6); mental health practitioners
as defined in section 245.462, subdivision 17; mental health rehabilitation workers under
section 256B.0623, subdivision 5, clause (3); and certified peer specialists under section
256B.0615.

Sec. 22.

Minnesota Statutes 2014, section 256B.0622, subdivision 3, is amended to read:


Subd. 3.

Eligibility.

An eligible recipient is an individual who:

(1) is age 18 or older;

(2) is eligible for medical assistance;

(3) is diagnosed with a mental illness;

(4) because of a mental illness, has substantial disability and functional impairment
in three or more of the areas listed in section 245.462, subdivision 11a, so that
self-sufficiency is markedly reduced;

(5) has one or more of the following: a history of two or more recurring or prolonged
inpatient hospitalizations in the past year, significant independent living instability,
homelessness, or very frequent use of mental health and related services yielding poor
outcomes; and

(6) in the written opinion of a licensed mental health professional, has the need for
mental health services that cannot be met with other available community-based services,
or is likely to experience a mental health crisis or require a more restrictive setting if
intensive rehabilitative mental health services are not provided.

Sec. 23.

Minnesota Statutes 2014, section 256B.0622, subdivision 4, is amended to read:


Subd. 4.

Provider certification and contract requirements.

(a) The intensive
nonresidential rehabilitative mental health services
assertive community treatment
provider must:

(1) have a contract with the host county to provide intensive adult rehabilitative
mental health services; and

(2) be certified by the commissioner as being in compliance with this section and
section 256B.0623.

(b) The intensive residential rehabilitative mental health treatment services provider
must:

(1) be licensed under Minnesota Rules, parts 9520.0500 to 9520.0670;

(2) not exceed 16 beds per site;

(3) comply with the additional standards in this section; and

(4) have a contract with the host county to provide these services.

(c) The commissioner shall develop procedures for counties and providers to submit
contracts and other documentation as needed to allow the commissioner to determine
whether the standards in this section are met.

Sec. 24.

Minnesota Statutes 2014, section 256B.0622, subdivision 5, is amended to read:


Subd. 5.

Standards applicable to both nonresidential assertive community
treatment
and residential providers.

(a) Services must be provided by qualified staff as
defined in section 256B.0623, subdivision 5, who are trained and supervised according to
section 256B.0623, subdivision 6, except that mental health rehabilitation workers acting
as overnight staff are not required to comply with section 256B.0623, subdivision 5,
clause (3) (4), item (iv).

(b) The clinical supervisor must be an active member of the treatment team. The
treatment team must meet with the clinical supervisor at least weekly to discuss recipients'
progress and make rapid adjustments to meet recipients' needs. The team meeting shall
include recipient-specific case reviews and general treatment discussions among team
members. Recipient-specific case reviews and planning must be documented in the
individual recipient's treatment record.

(c) Treatment staff must have prompt access in person or by telephone to a mental
health practitioner or mental health professional. The provider must have the capacity to
promptly and appropriately respond to emergent needs and make any necessary staffing
adjustments to assure the health and safety of recipients.

(d) The initial functional assessment must be completed within ten days of intake
and updated at least every three months 30 days for intensive residential treatment services
and every six months for assertive community treatment,
or prior to discharge from the
service, whichever comes first.

(e) The initial individual treatment plan must be completed within ten days of intake
and for assertive community treatment and within 24 hours of admission for intensive
residential treatment services. Within ten days of admission, the initial treatment plan
must be refined and further developed for intensive residential treatment services, except
for providers certified according to Minnesota Rules, parts 9533.0010 to 9533.0180.
The individual treatment plan must be
reviewed with the recipient and updated at least
monthly with the recipient for intensive residential treatment services and at least every
six months for assertive community treatment
.

Sec. 25.

Minnesota Statutes 2014, section 256B.0622, subdivision 7, is amended to read:


Subd. 7.

Additional standards for nonresidential services assertive community
treatment
.

The standards in this subdivision apply to intensive nonresidential
rehabilitative mental health
assertive community treatment services.

(1) The treatment team must use team treatment, not an individual treatment model.

(2) The clinical supervisor must function as a practicing clinician at least on a
part-time basis.

(3) The staffing ratio must not exceed ten recipients to one full-time equivalent
treatment team position.

(4) Services must be available at times that meet client needs.

(5) The treatment team must actively and assertively engage and reach out to the
recipient's family members and significant others, after obtaining the recipient's permission.

(6) The treatment team must establish ongoing communication and collaboration
between the team, family, and significant others and educate the family and significant
others about mental illness, symptom management, and the family's role in treatment.

(7) The treatment team must provide interventions to promote positive interpersonal
relationships.

Sec. 26.

Minnesota Statutes 2014, section 256B.0622, subdivision 8, is amended to read:


Subd. 8.

Medical assistance payment for intensive rehabilitative mental health
services.

(a) Payment for intensive residential and nonresidential treatment services
and assertive community treatment in this section shall be based on one daily rate per
provider inclusive of the following services received by an eligible recipient in a given
calendar day: all rehabilitative services under this section, staff travel time to provide
rehabilitative services under this section, and nonresidential crisis stabilization services
under section 256B.0624.

(b) Except as indicated in paragraph (c), payment will not be made to more than one
entity for each recipient for services provided under this section on a given day. If services
under this section are provided by a team that includes staff from more than one entity, the
team must determine how to distribute the payment among the members.

(c) The commissioner shall determine one rate for each provider that will bill
medical assistance for residential services under this section and one rate for each
nonresidential assertive community treatment provider. If a single entity provides both
services, one rate is established for the entity's residential services and another rate for the
entity's nonresidential services under this section. A provider is not eligible for payment
under this section without authorization from the commissioner. The commissioner shall
develop rates using the following criteria:

(1) the cost for similar services in the local trade area;

(2) (1) the provider's cost for services shall include direct services costs, other
program costs, and other costs determined as follows:

(i) the direct services costs must be determined using actual costs of salaries, benefits,
payroll taxes, and training of direct service staff and service-related transportation;

(ii) other program costs not included in item (i) must be determined as a specified
percentage of the direct services costs as determined by item (i). The percentage used shall
be determined by the commissioner based upon the average of percentages that represent
the relationship of other program costs to direct services costs among the entities that
provide similar services;

(iii) in situations where a provider of intensive residential services can demonstrate
actual program-related physical plant costs in excess of the group residential housing
reimbursement, the commissioner may include these costs in the program rate, so long
as the additional reimbursement does not subsidize the room and board expenses of the
program
physical plant costs calculated based on the percentage of space within the
program that is entirely devoted to treatment and programming. This does not include
administrative or residential space
;

(iv) intensive nonresidential services assertive community treatment physical plant
costs must be reimbursed as part of the costs described in item (ii); and

(v) subject to federal approval, up to an additional five percent of the total rate must
may be added to the program rate as a quality incentive based upon the entity meeting
performance criteria specified by the commissioner;

(3) (2) actual cost is defined as costs which are allowable, allocable, and reasonable,
and consistent with federal reimbursement requirements under Code of Federal
Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and Office of
Management and Budget Circular Number A-122, relating to nonprofit entities;

(4) (3) the number of service units;

(5) (4) the degree to which recipients will receive services other than services under
this section; and

(6) (5) the costs of other services that will be separately reimbursed; and.

(7) input from the local planning process authorized by the adult mental health
initiative under section 245.4661, regarding recipients' service needs.

(d) The rate for intensive rehabilitative mental health residential treatment services
and assertive community treatment must exclude room and board, as defined in section
256I.03, subdivision 6, and services not covered under this section, such as partial
hospitalization, home care, and inpatient services.

(e) Physician services that are not separately billed may be included in the rate to the
extent that a psychiatrist, or other health care professional providing physician services
within their scope of practice,
is a member of the treatment team. Physician services,
whether billed separately or included in the rate, may be delivered by telemedicine. For
purposes of this paragraph, "telemedicine" has the meaning given to "mental health
telemedicine" in section 256B.0625, subdivision 46, when telemedicine is used to provide
intensive residential treatment services.

(e) (f) When services under this section are provided by an intensive nonresidential
service
assertive community treatment provider, case management functions must be an
integral part of the team.

(f) (g) The rate for a provider must not exceed the rate charged by that provider for
the same service to other payors.

(g) (h) The rates for existing programs must be established prospectively based upon
the expenditures and utilization over a prior 12-month period using the criteria established
in paragraph (c). The rates for new programs must be established based upon estimated
expenditures and estimated utilization using the criteria established in paragraph (c).

(h) (i) Entities who discontinue providing services must be subject to a settle-up
process whereby actual costs and reimbursement for the previous 12 months are
compared. In the event that the entity was paid more than the entity's actual costs plus
any applicable performance-related funding due the provider, the excess payment must
be reimbursed to the department. If a provider's revenue is less than actual allowed costs
due to lower utilization than projected, the commissioner may reimburse the provider to
recover its actual allowable costs. The resulting adjustments by the commissioner must
be proportional to the percent of total units of service reimbursed by the commissioner
and must reflect a difference of greater than five percent.

(i) (j) A provider may request of the commissioner a review of any rate-setting
decision made under this subdivision.

Sec. 27.

Minnesota Statutes 2014, section 256B.0622, subdivision 9, is amended to read:


Subd. 9.

Provider enrollment; rate setting for county-operated entities.

Counties
that employ their own staff to provide services under this section shall apply directly to
the commissioner for enrollment and rate setting. In this case, a county contract is not
required and the commissioner shall perform the program review and rate setting duties
which would otherwise be required of counties under this section
.

Sec. 28.

Minnesota Statutes 2014, section 256B.0622, subdivision 10, is amended to
read:


Subd. 10.

Provider enrollment; rate setting for specialized program.

A county
contract is not required for a
provider proposing to serve a subpopulation of eligible
recipients may bypass the county approval procedures in this section and receive approval
for provider enrollment and rate setting directly from the commissioner
under the
following circumstances:

(1) the provider demonstrates that the subpopulation to be served requires a
specialized program which is not available from county-approved entities; and

(2) the subpopulation to be served is of such a low incidence that it is not feasible to
develop a program serving a single county or regional group of counties.

For providers meeting the criteria in clauses (1) and (2), the commissioner shall
perform the program review and rate setting duties which would otherwise be required of
counties under this section.

Sec. 29.

Minnesota Statutes 2014, section 256B.0622, is amended by adding a
subdivision to read:


Subd. 11.

Sustainability grants.

The commissioner may disburse grant funds
directly to intensive residential treatment services providers and assertive community
treatment providers to maintain access to these services.

Sec. 30.

Minnesota Statutes 2014, section 256B.0624, subdivision 7, is amended to read:


Subd. 7.

Crisis stabilization services.

(a) Crisis stabilization services must be
provided by qualified staff of a crisis stabilization services provider entity and must meet
the following standards:

(1) a crisis stabilization treatment plan must be developed which meets the criteria
in subdivision 11;

(2) staff must be qualified as defined in subdivision 8; and

(3) services must be delivered according to the treatment plan and include
face-to-face contact with the recipient by qualified staff for further assessment, help with
referrals, updating of the crisis stabilization treatment plan, supportive counseling, skills
training, and collaboration with other service providers in the community.

(b) If crisis stabilization services are provided in a supervised, licensed residential
setting, the recipient must be contacted face-to-face daily by a qualified mental health
practitioner or mental health professional. The program must have 24-hour-a-day
residential staffing which may include staff who do not meet the qualifications in
subdivision 8. The residential staff must have 24-hour-a-day immediate direct or telephone
access to a qualified mental health professional or practitioner.

(c) If crisis stabilization services are provided in a supervised, licensed residential
setting that serves no more than four adult residents, and no more than two are recipients
of crisis stabilization services
one or more individuals are present at the setting to receive
residential crisis stabilization services
, the residential staff must include, for at least eight
hours per day, at least one individual who meets the qualifications in subdivision 8,
paragraph (a), clause (1) or (2)
.

(d) If crisis stabilization services are provided in a supervised, licensed residential
setting that serves more than four adult residents, and one or more are recipients of crisis
stabilization services, the residential staff must include, for 24 hours a day, at least one
individual who meets the qualifications in subdivision 8. During the first 48 hours that a
recipient is in the residential program, the residential program must have at least two staff
working 24 hours a day. Staffing levels may be adjusted thereafter according to the needs
of the recipient as specified in the crisis stabilization treatment plan.

Sec. 31.

Minnesota Statutes 2014, section 256B.0625, is amended by adding a
subdivision to read:


Subd. 45a.

Psychiatric residential treatment facility services for persons under
21 years of age.

(a) Medical assistance covers psychiatric residential treatment facility
services for persons under 21 years of age. Individuals who reach age 21 at the time they
are receiving services are eligible to continue receiving services until they no longer
require services or until they reach age 22, whichever occurs first.

(b) For purposes of this subdivision, "psychiatric residential treatment facility"
means a facility other than a hospital that provides psychiatric services, as described in
Code of Federal Regulations, title 42, sections 441.151 to 441.182, to individuals under
age 21 in an inpatient setting.

(c) The commissioner shall develop admissions and discharge procedures and
establish rates consistent with guidelines from the federal Centers for Medicare and
Medicaid Services.

(d) The commissioner shall enroll up to 150 certified psychiatric residential
treatment facility services beds at up to six sites. The commissioner shall select psychiatric
residential treatment facility services providers through a request for proposals process.
Providers of state-operated services may respond to the request for proposals.

EFFECTIVE DATE.

This section is effective July 1, 2017, or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained.

Sec. 32.

Minnesota Statutes 2014, section 256B.0625, subdivision 48, is amended to
read:


Subd. 48.

Psychiatric consultation to primary care practitioners.

Medical
assistance covers consultation provided by a psychiatrist, a psychologist, or an advanced
practice registered nurse certified in psychiatric mental health, a licensed independent
clinical social worker, as defined in section 245.462, subdivision 18, clause (2), or a
licensed marriage and family therapist, as defined in section 245.462, subdivision 18,
clause (5),
via telephone, e-mail, facsimile, or other means of communication to primary
care practitioners, including pediatricians. The need for consultation and the receipt of the
consultation must be documented in the patient record maintained by the primary care
practitioner. If the patient consents, and subject to federal limitations and data privacy
provisions, the consultation may be provided without the patient present.

Sec. 33.

[256B.7631] CHEMICAL DEPENDENCY PROVIDER RATE
INCREASE.

For the chemical dependency services listed in section 254B.05, subdivision 5, and
provided on or after July 1, 2015, payment rates shall be increased by two percent over
the rates in effect on January 1, 2014, for vendors who meet the requirements of section
254B.05.

Sec. 34. CLUBHOUSE PROGRAM SERVICES.

The commissioner of human services, in consultation with stakeholders, shall
develop service standards and a payment methodology for Clubhouse program services
to be covered under medical assistance when provided by a Clubhouse International
accredited provider or a provider meeting equivalent standards. The commissioner shall
seek federal approval for the service standards and payment methodology. Upon federal
approval, the commissioner must seek and obtain legislative approval of the services
standards and funding methodology allowing medical assistance coverage of the service.

Sec. 35. EXCELLENCE IN MENTAL HEALTH DEMONSTRATION PROJECT.

By January 15, 2016, the commissioner of human services shall report to the
legislative committees in the house of representatives and senate with jurisdiction over
human services issues on the progress of the Excellence in Mental Health demonstration
project under Minnesota Statutes, section 245.735. The commissioner shall include in
the report any recommendations for legislative changes needed to implement the reform
projects specified in Minnesota Statutes, section 245.735, subdivision 4.

Sec. 36. RATE-SETTING METHODOLOGY FOR COMMUNITY-BASED
MENTAL HEALTH SERVICES.

The commissioner of human services shall conduct a comprehensive analysis
of the current rate-setting methodology for all community-based mental health
services for children and adults. The report shall include an assessment of alternative
payment structures, consistent with the intent and direction of the federal Centers for
Medicare and Medicaid Services, that could provide adequate reimbursement to sustain
community-based mental health services regardless of geographic location. The report
shall also include recommendations for establishing pay-for-performance measures for
providers delivering services consistent with evidence-based practices. In developing the
report, the commissioner shall consult with stakeholders and with outside experts in
Medicaid financing. The commissioner shall provide a report on the analysis to the chairs
of the legislative committees with jurisdiction over health and human services finance
by January 1, 2017.

Sec. 37. REPORT ON HUMAN SERVICES DATA SHARING TO
COORDINATE SERVICES AND CARE OF A PATIENT.

The commissioner of human services, in coordination with Hennepin County, shall
report to the legislative committees with jurisdiction over health care financing on the
fiscal impact, including the estimated savings, resulting from the modifications to the Data
Practices Act in the 2015 legislative session, permitting the sharing of public welfare data
and allowing the exchange of health records between providers to the extent necessary to
coordinate services and care for clients enrolled in public health care programs. Counties
shall provide information regarding the number of clients receiving care coordination, and
improved outcomes achieved due to data sharing, to the commissioner of human services
to include in the report. The report is due January 1, 2017.

Sec. 38. COMPREHENSIVE MENTAL HEALTH PROGRAM IN BELTRAMI
COUNTY.

(a) The $500,000 appropriated to the commissioner of human services for a grant to
Beltrami County to fund the planning and development of a comprehensive mental health
program is contingent upon Beltrami County providing to the commissioner of human
services a formal commitment and plan to fund, operate, and sustain the program and
services after the onetime state grant is expended. The county must provide evidence
of the funding stream or mechanism, and a sufficient local funding commitment, that
will ensure that the onetime state investment in the program will result in a sustainable
program without future state grants. The funding stream may include state funding for
programs and services for which the individuals served under this section may be eligible.
The grant under this section cannot be used for any purpose that could be funded with
state bond proceeds. This is a onetime appropriation.

(b) The planning and development of the program by the county must include an
integrated care model for the provision of mental health and substance use disorder
treatment for the individuals served under paragraph (c), in collaboration with existing
services. The model may include mobile crisis services, crisis residential services,
outpatient services, and community-based services. The model must be patient-centered,
culturally competent, and based on evidence-based practices.

(c) The comprehensive mental health program will serve individuals who are:

(1) under arrest or subject to arrest who are experiencing a mental health crisis;

(2) under a transport hold under Minnesota Statutes, section 253B.05, subdivision
2; or

(3) in immediate need of mental health crisis services.

(d) The commissioner of human services may encourage the commissioners of
the Minnesota Housing Finance Agency, corrections, and health to provide technical
assistance and support in the planning and development of the mental health program
under paragraph (a). The commissioners of the Minnesota Housing Finance Agency and
human services may explore a plan to develop short-term and long-term housing for
individuals served by the program, and the possibility of using existing appropriations
available in the housing finance budget for low-income housing or homelessness.

(e) The commissioner of human services, in consultation with Beltrami County,
shall report to the senate and house of representatives committees having jurisdiction over
mental health issues the status of the planning and development of the mental health
program, and the plan to financially support the program and services after the state grant
is expended, by November 1, 2017.

ARTICLE 3

WITHDRAWAL MANAGEMENT PROGRAMS

Section 1.

[245F.01] PURPOSE.

It is hereby declared to be the public policy of this state that the public interest is best
served by providing efficient and effective withdrawal management services to persons
in need of appropriate detoxification, assessment, intervention, and referral services.
The services shall vary to address the unique medical needs of each patient and shall be
responsive to the language and cultural needs of each patient. Services shall not be denied
on the basis of a patient's inability to pay.

Sec. 2.

[245F.02] DEFINITIONS.

Subdivision 1.

Scope.

The terms used in this chapter have the meanings given
them in this section.

Subd. 2.

Administration of medications.

"Administration of medications" means
performing a task to provide medications to a patient, and includes the following tasks
performed in the following order:

(1) checking the patient's medication record;

(2) preparing the medication for administration;

(3) administering the medication to the patient;

(4) documenting administration of the medication or the reason for not administering
the medication as prescribed; and

(5) reporting information to a licensed practitioner or a registered nurse regarding
problems with the administration of the medication or the patient's refusal to take the
medication.

Subd. 3.

Alcohol and drug counselor.

"Alcohol and drug counselor" means an
individual qualified under Minnesota Rules, part 9530.6450, subpart 5.

Subd. 4.

Applicant.

"Applicant" means an individual, partnership, voluntary
association, corporation, or other public or private organization that submits an application
for licensure under this chapter.

Subd. 5.

Care coordination.

"Care coordination" means activities intended to bring
together health services, patient needs, and streams of information to facilitate the aims
of care. Care coordination includes an ongoing needs assessment, life skills advocacy,
treatment follow-up, disease management, education, and other services as needed.

Subd. 6.

Chemical.

"Chemical" means alcohol, solvents, controlled substances as
defined in section 152.01, subdivision 4, and other mood-altering substances.

Subd. 7.

Clinically managed program.

"Clinically managed program" means a
residential setting with staff comprised of a medical director and a licensed practical nurse.
A licensed practical nurse must be on site 24 hours a day, seven days a week. A qualified
medical professional must be available by telephone or in person for consultation 24 hours
a day. Patients admitted to this level of service receive medical observation, evaluation,
and stabilization services during the detoxification process; access to medications
administered by trained, licensed staff to manage withdrawal; and a comprehensive
assessment pursuant to Minnesota Rules, part 9530.6422.

Subd. 8.

Commissioner.

"Commissioner" means the commissioner of human
services or the commissioner's designated representative.

Subd. 9.

Department.

"Department" means the Department of Human Services.

Subd. 10.

Direct patient contact.

"Direct patient contact" has the meaning given
for "direct contact" in section 245C.02, subdivision 11.

Subd. 11.

Discharge plan.

"Discharge plan" means a written plan that states with
specificity the services the program has arranged for the patient to transition back into
the community.

Subd. 12.

Licensed practitioner.

"Licensed practitioner" means a practitioner as
defined in section 151.01, subdivision 23, who is authorized to prescribe.

Subd. 13.

Medical director.

"Medical director" means an individual licensed in
Minnesota as a doctor of osteopathy or physician, or an individual licensed in Minnesota
as an advanced practice registered nurse by the Board of Nursing and certified to practice
as a clinical nurse specialist or nurse practitioner by a national nurse organization
acceptable to the board. The medical director must be employed by or under contract with
the license holder to direct and supervise health care for patients of a program licensed
under this chapter.

Subd. 14.

Medically monitored program.

"Medically monitored program" means
a residential setting with staff that includes a registered nurse and a medical director. A
registered nurse must be on site 24 hours a day. A medical director must be on site seven
days a week, and patients must have the ability to be seen by a medical director within 24
hours. Patients admitted to this level of service receive medical observation, evaluation,
and stabilization services during the detoxification process; medications administered by
trained, licensed staff to manage withdrawal; and a comprehensive assessment pursuant to
Minnesota Rules, part 9530.6422.

Subd. 15.

Nurse.

"Nurse" means a person licensed and currently registered to
practice practical or professional nursing as defined in section 148.171, subdivisions
14 and 15.

Subd. 16.

Patient.

"Patient" means an individual who presents or is presented for
admission to a withdrawal management program that meets the criteria in section 245F.05.

Subd. 17.

Peer recovery support services.

"Peer recovery support services"
means mentoring and education, advocacy, and nonclinical recovery support provided
by a recovery peer.

Subd. 18.

Program director.

"Program director" means the individual who is
designated by the license holder to be responsible for all operations of a withdrawal
management program and who meets the qualifications specified in section 245F.15,
subdivision 3.

Subd. 19.

Protective procedure.

"Protective procedure" means an action taken by a
staff member of a withdrawal management program to protect a patient from imminent
danger of harming self or others. Protective procedures include the following actions:

(1) seclusion, which means the temporary placement of a patient, without the
patient's consent, in an environment to prevent social contact; and

(2) physical restraint, which means the restraint of a patient by use of physical holds
intended to limit movement of the body.

Subd. 20.

Qualified medical professional.

"Qualified medical professional"
means an individual licensed in Minnesota as a doctor of osteopathy or physician, or an
individual licensed in Minnesota as an advanced practice registered nurse by the Board of
Nursing and certified to practice as a clinical nurse specialist or nurse practitioner by a
national nurse organization acceptable to the board.

Subd. 21.

Recovery peer.

"Recovery peer" means a person who has progressed in
the person's own recovery from substance use disorder and is willing to serve as a peer
to assist others in their recovery.

Subd. 22.

Responsible staff person.

"Responsible staff person" means the program
director, the medical director, or a staff person with current licensure as a nurse in
Minnesota. The responsible staff person must be on the premises and is authorized to
make immediate decisions concerning patient care and safety.

Subd. 23.

Substance.

"Substance" means "chemical" as defined in subdivision 6.

Subd. 24.

Substance use disorder.

"Substance use disorder" means a pattern of
substance use as defined in the current edition of the Diagnostic and Statistical Manual of
Mental Disorders.

Subd. 25.

Technician.

"Technician" means a person who meets the qualifications in
section 245F.15, subdivision 6.

Subd. 26.

Withdrawal management program.

"Withdrawal management
program" means a licensed program that provides short-term medical services on
a 24-hour basis for the purpose of stabilizing intoxicated patients, managing their
withdrawal, and facilitating access to substance use disorder treatment as indicated by a
comprehensive assessment.

Sec. 3.

[245F.03] APPLICATION.

(a) This chapter establishes minimum standards for withdrawal management
programs licensed by the commissioner that serve one or more unrelated persons.

(b) This chapter does not apply to a withdrawal management program licensed as a
hospital under sections 144.50 to 144.581. A withdrawal management program located in
a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this
chapter is deemed to be in compliance with section 245F.13.

Sec. 4.

[245F.04] PROGRAM LICENSURE.

Subdivision 1.

General application and license requirements.

An applicant
for licensure as a clinically managed withdrawal management program or medically
monitored withdrawal management program must meet the following requirements,
except where otherwise noted. All programs must comply with federal requirements and
the general requirements in chapters 245A and 245C and sections 626.556, 626.557, and
626.5572. A withdrawal management program must be located in a hospital licensed under
sections 144.50 to 144.581, or must be a supervised living facility with a class B license
from the Department of Health under Minnesota Rules, parts 4665.0100 to 4665.9900.

Subd. 2.

Contents of application.

Prior to the issuance of a license, an applicant
must submit, on forms provided by the commissioner, documentation demonstrating
the following:

(1) compliance with this section;

(2) compliance with applicable building, fire, and safety codes; health rules; zoning
ordinances; and other applicable rules and regulations or documentation that a waiver
has been granted. The granting of a waiver does not constitute modification of any
requirement of this section;

(3) completion of an assessment of need for a new or expanded program as required
by Minnesota Rules, part 9530.6800; and

(4) insurance coverage, including bonding, sufficient to cover all patient funds,
property, and interests.

Subd. 3.

Changes in license terms.

(a) A license holder must notify the
commissioner before one of the following occurs and the commissioner must determine
the need for a new license:

(1) a change in the Department of Health's licensure of the program;

(2) a change in the medical services provided by the program that affects the
program's capacity to provide services required by the program's license designation as a
clinically managed program or medically monitored program;

(3) a change in program capacity; or

(4) a change in location.

(b) A license holder must notify the commissioner and apply for a new license
when a change in program ownership occurs.

Subd. 4.

Variances.

The commissioner may grant variances to the requirements of
this chapter under section 245A.04, subdivision 9.

Sec. 5.

[245F.05] ADMISSION AND DISCHARGE POLICIES.

Subdivision 1.

Admission policy.

A license holder must have a written admission
policy containing specific admission criteria. The policy must describe the admission
process and the point at which an individual who is eligible under subdivision 2 is
admitted to the program. A license holder must not admit individuals who do not meet the
admission criteria. The admission policy must be approved and signed by the medical
director of the facility and must designate which staff members are authorized to admit
and discharge patients. The admission policy must be posted in the area of the facility
where patients are admitted and given to all interested individuals upon request.

Subd. 2.

Admission criteria.

For an individual to be admitted to a withdrawal
management program, the program must make a determination that the program services
are appropriate to the needs of the individual. A program may only admit individuals who
meet the admission criteria and who, at the time of admission:

(1) are impaired as the result of intoxication;

(2) are experiencing physical, mental, or emotional problems due to intoxication or
withdrawal from alcohol or other drugs;

(3) are being held under apprehend and hold orders under section 253B.07,
subdivision 2b;

(4) have been committed under chapter 253B, and need temporary placement;

(5) are held under emergency holds or peace and health officer holds under section
253B.05, subdivision 1 or 2; or

(6) need to stay temporarily in a protective environment because of a crisis related
to substance use disorder. Individuals satisfying this clause may be admitted only at the
request of the county of fiscal responsibility, as determined according to section 256G.02,
subdivision 4. Individuals admitted according to this clause must not be restricted to
the facility.

Subd. 3.

Individuals denied admission by program.

(a) A license holder must
have a written policy and procedure for addressing the needs of individuals who are
denied admission to the program. These individuals include:

(1) individuals whose pregnancy, in combination with their presenting problem,
requires services not provided by the program; and

(2) individuals who are in imminent danger of harming self or others if their
behavior is beyond the behavior management capabilities of the program and staff.

(b) Programs must document denied admissions, including the date and time of
the admission request, reason for the denial of admission, and where the individual was
referred. If the individual did not receive a referral, the program must document why a
referral was not made. This information must be documented on a form approved by the
commissioner and made available to the commissioner upon request.

Subd. 4.

License holder responsibilities; denying admission or terminating
services.

(a) If a license holder denies an individual admission to the program or
terminates services to a patient and the denial or termination poses an immediate threat to
the patient's or individual's health or requires immediate medical intervention, the license
holder must refer the patient or individual to a medical facility capable of admitting the
patient or individual.

(b) A license holder must report to a law enforcement agency with proper jurisdiction
all denials of admission and terminations of services that involve the commission of a crime
against a staff member of the license holder or on the license holder's property, as provided
in Code of Federal Regulations, title 42, section 2.12(c)(5), and title 45, parts 160 to 164.

Subd. 5.

Discharge and transfer policies.

A license holder must have a written
policy and procedure, approved and signed by the medical director, that specifies
conditions under which patients may be discharged or transferred. The policy must
include the following:

(1) guidelines for determining when a patient is medically stable and whether a
patient is able to be discharged or transferred to a lower level of care;

(2) guidelines for determining when a patient needs a transfer to a higher level of care.
Clinically managed program guidelines must include guidelines for transfer to a medically
monitored program, hospital, or other acute care facility. Medically monitored program
guidelines must include guidelines for transfer to a hospital or other acute care facility;

(3) procedures staff must follow when discharging a patient under each of the
following circumstances:

(i) the patient is involved in the commission of a crime against program staff or
against a license holder's property. The procedures for a patient discharged under this
item must specify how reports must be made to law enforcement agencies with proper
jurisdiction as allowed under Code of Federal Regulations, title 42, section 2.12(c)(5), and
title 45, parts 160 to 164;

(ii) the patient is in imminent danger of harming self or others and is beyond the
license holder's capacity to ensure safety;

(iii) the patient was admitted under chapter 253B; or

(iv) the patient is leaving against staff or medical advice; and

(4) a requirement that staff must document where the patient was referred after
discharge or transfer, and if a referral was not made, the reason the patient was not
provided a referral.

Sec. 6.

[245F.06] SCREENING AND COMPREHENSIVE ASSESSMENT.

Subdivision 1.

Screening for substance use disorder.

A nurse or an alcohol
and drug counselor must screen each patient upon admission to determine whether a
comprehensive assessment is indicated. The license holder must screen patients at
each admission, except that if the patient has already been determined to suffer from a
substance use disorder, subdivision 2 applies.

Subd. 2.

Comprehensive assessment.

(a) Prior to a medically stable discharge,
but not later than 72 hours following admission, a license holder must provide a
comprehensive assessment according to section 245.4863, paragraph (a), and Minnesota
Rules, part 9530.6422, for each patient who has a positive screening for a substance use
disorder. If a patient's medical condition prevents a comprehensive assessment from
being completed within 72 hours, the license holder must document why the assessment
was not completed. The comprehensive assessment must include documentation of the
appropriateness of an involuntary referral through the civil commitment process.

(b) If available to the program, a patient's previous comprehensive assessment may
be used in the patient record. If a previously completed comprehensive assessment is used,
its contents must be reviewed to ensure the assessment is accurate and current and complies
with the requirements of this chapter. The review must be completed by a staff person
qualified according to Minnesota Rules, part 9530.6450, subpart 5. The license holder must
document that the review was completed and that the previously completed assessment is
accurate and current, or the license holder must complete an updated or new assessment.

Sec. 7.

[245F.07] STABILIZATION PLANNING.

Subdivision 1.

Stabilization plan.

Within 12 hours of admission, a license
holder must develop an individualized stabilization plan for each patient accepted for
stabilization services. The plan must be based on the patient's initial health assessment
and continually updated based on new information gathered about the patient's condition
from the comprehensive assessment, medical evaluation and consultation, and ongoing
monitoring and observations of the patient. The patient must have an opportunity to have
direct involvement in the development of the plan. The stabilization plan must:

(1) identify medical needs and goals to be achieved while the patient is receiving
services;

(2) specify stabilization services to address the identified medical needs and goals,
including amount and frequency of services;

(3) specify the participation of others in the stabilization planning process and
specific services where appropriated; and

(4) document the patient's participation in developing the content of the stabilization
plan and any updates.

Subd. 2.

Progress notes.

Progress notes must be entered in the patient's file at least
daily and immediately following any significant event, including any change that impacts
the medical, behavioral, or legal status of the patient. Progress notes must:

(1) include documentation of the patient's involvement in the stabilization services,
including the type and amount of each stabilization service;

(2) include the monitoring and observations of the patient's medical needs;

(3) include documentation of referrals made to other services or agencies;

(4) specify the participation of others; and

(5) be legible, signed, and dated by the staff person completing the documentation.

Subd. 3.

Discharge plan.

Before a patient leaves the facility, the license holder
must conduct discharge planning for the patient, document discharge planning in the
patient's record, and provide the patient with a copy of the discharge plan. The discharge
plan must include:

(1) referrals made to other services or agencies at the time of transition;

(2) the patient's plan for follow-up, aftercare, or other poststabilization services;

(3) documentation of the patient's participation in the development of the transition
plan;

(4) any service that will continue after discharge under the direction of the license
holder; and

(5) a stabilization summary and final evaluation of the patient's progress toward
treatment objectives.

Sec. 8.

[245F.08] STABILIZATION SERVICES.

Subdivision 1.

General.

The license holder must encourage patients to remain in
care for an appropriate duration as determined by the patient's stabilization plan, and must
encourage all patients to enter programs for ongoing recovery as clinically indicated. In
addition, the license holder must offer services that are patient-centered, trauma-informed,
and culturally appropriate. Culturally appropriate services must include translation services
and dietary services that meet a patient's dietary needs. All services provided to the patient
must be documented in the patient's medical record. The following services must be
offered unless clinically inappropriate and the justifying clinical rational is documented:

(1) individual or group motivational counseling sessions;

(2) individual advocacy and case management services;

(3) medical services as required in section 245F.12;

(4) care coordination provided according to subdivision 2;

(5) peer recovery support services provided according to subdivision 3;

(6) patient education provided according to subdivision 4; and

(7) referrals to mutual aid, self-help, and support groups.

Subd. 2.

Care coordination.

Care coordination services must be initiated for each
patient upon admission. The license holder must identify the staff person responsible for
the provision of each service. Care coordination services must include:

(1) coordination with significant others to assist in the stabilization planning process
whenever possible;

(2) coordination with and follow-up to appropriate medical services as identified by
the nurse or licensed practitioner;

(3) referral to substance use disorder services as indicated by the comprehensive
assessment;

(4) referral to mental health services as identified in the comprehensive assessment;

(5) referrals to economic assistance, social services, and prenatal care in accordance
with the patient's needs;

(6) review and approval of the transition plan prior to discharge, except in an
emergency, by a staff member able to provide direct patient contact;

(7) documentation of the provision of care coordination services in the patient's
file; and

(8) addressing cultural and socioeconomic factors affecting the patient's access to
services.

Subd. 3.

Peer recovery support services.

(a) Peers in recovery serve as mentors or
recovery-support partners for individuals in recovery, and may provide encouragement,
self-disclosure of recovery experiences, transportation to appointments, assistance with
finding resources that will help locate housing, job search resources, and assistance finding
and participating in support groups.

(b) Peer recovery support services are provided by a recovery peer and must be
supervised by the responsible staff person.

Subd. 4.

Patient education.

A license holder must provide education to each
patient on the following:

(1) substance use disorder, including the effects of alcohol and other drugs, specific
information about the effects of substance use on unborn children, and the signs and
symptoms of fetal alcohol spectrum disorders;

(2) tuberculosis and reporting known cases of tuberculosis disease to health care
authorities according to section 144.4804;

(3) Hepatitis C treatment and prevention;

(4) HIV as required in section 245A.19, paragraphs (b) and (c);

(5) nicotine cessation options, if applicable;

(6) opioid tolerance and overdose risks, if applicable; and

(7) long-term withdrawal issues related to use of barbiturates and benzodiazepines,
if applicable.

Subd. 5.

Mutual aid, self-help, and support groups.

The license holder must
refer patients to mutual aid, self-help, and support groups when clinically indicated and
to the extent available in the community.

Sec. 9.

[245F.09] PROTECTIVE PROCEDURES.

Subdivision 1.

Use of protective procedures.

(a) Programs must incorporate
person-centered planning and trauma-informed care into its protective procedure policies.
Protective procedures may be used only in cases where a less restrictive alternative will
not protect the patient or others from harm and when the patient is in imminent danger
of harming self or others. When a program uses a protective procedure, the program
must continuously observe the patient until the patient may safely be left for 15-minute
intervals. Use of the procedure must end when the patient is no longer in imminent danger
of harming self or others.

(b) Protective procedures may not be used:

(1) for disciplinary purposes;

(2) to enforce program rules;

(3) for the convenience of staff;

(4) as a part of any patient's health monitoring plan; or

(5) for any reason except in response to specific, current behaviors which create an
imminent danger of harm to the patient or others.

Subd. 2.

Protective procedures plan.

A license holder must have a written policy
and procedure that establishes the protective procedures that program staff must follow
when a patient is in imminent danger of harming self or others. The policy must be
appropriate to the type of facility and the level of staff training. The protective procedures
policy must include:

(1) an approval signed and dated by the program director and medical director prior
to implementation. Any changes to the policy must also be approved, signed, and dated by
the current program director and the medical director prior to implementation;

(2) which protective procedures the license holder will use to prevent patients from
imminent danger of harming self or others;

(3) the emergency conditions under which the protective procedures are permitted
to be used, if any;

(4) the patient's health conditions that limit the specific procedures that may be used
and alternative means of ensuring safety;

(5) emergency resources the program staff must contact when a patient's behavior
cannot be controlled by the procedures established in the policy;

(6) the training that staff must have before using any protective procedure;

(7) documentation of approved therapeutic holds;

(8) the use of law enforcement personnel as described in subdivision 4;

(9) standards governing emergency use of seclusion. Seclusion must be used only
when less restrictive measures are ineffective or not feasible. The standards in items (i) to
(vii) must be met when seclusion is used with a patient:

(i) seclusion must be employed solely for the purpose of preventing a patient from
imminent danger of harming self or others;

(ii) seclusion rooms must be equipped in a manner that prevents patients from
self-harm using projections, windows, electrical fixtures, or hard objects, and must allow
the patient to be readily observed without being interrupted;

(iii) seclusion must be authorized by the program director, a licensed physician, or
a registered nurse. If one of these individuals is not present in the facility, the program
director or a licensed physician or registered nurse must be contacted and authorization
must be obtained within 30 minutes of initiating seclusion, according to written policies;

(iv) patients must not be placed in seclusion for more than 12 hours at any one time;

(v) once the condition of a patient in seclusion has been determined to be safe
enough to end continuous observation, a patient in seclusion must be observed at a
minimum of every 15 minutes for the duration of seclusion and must always be within
hearing range of program staff;

(vi) a process for program staff to use to remove a patient to other resources available
to the facility if seclusion does not sufficiently assure patient safety; and

(vii) a seclusion area may be used for other purposes, such as intensive observation, if
the room meets normal standards of care for the purpose and if the room is not locked; and

(10) physical holds may only be used when less restrictive measures are not feasible.
The standards in items (i) to (iv) must be met when physical holds are used with a patient:

(i) physical holds must be employed solely for preventing a patient from imminent
danger of harming self or others;

(ii) physical holds must be authorized by the program director, a licensed physician,
or a registered nurse. If one of these individuals is not present in the facility, the program
director or a licensed physician or a registered nurse must be contacted and authorization
must be obtained within 30 minutes of initiating a physical hold, according to written
policies;

(iii) the patient's health concerns must be considered in deciding whether to use
physical holds and which holds are appropriate for the patient; and

(iv) only approved holds may be utilized. Prone holds are not allowed and must
not be authorized.

Subd. 3.

Records.

Each use of a protective procedure must be documented in the
patient record. The patient record must include:

(1) a description of specific patient behavior precipitating a decision to use a
protective procedure, including date, time, and program staff present;

(2) the specific means used to limit the patient's behavior;

(3) the time the protective procedure began, the time the protective procedure ended,
and the time of each staff observation of the patient during the procedure;

(4) the names of the program staff authorizing the use of the protective procedure,
the time of the authorization, and the program staff directly involved in the protective
procedure and the observation process;

(5) a brief description of the purpose for using the protective procedure, including
less restrictive interventions used prior to the decision to use the protective procedure
and a description of the behavioral results obtained through the use of the procedure. If
a less restrictive intervention was not used, the reasons for not using a less restrictive
intervention must be documented;

(6) documentation by the responsible staff person on duty of reassessment of the
patient at least every 15 minutes to determine if seclusion or the physical hold can be
terminated;

(7) a description of the physical holds used in escorting a patient; and

(8) any injury to the patient that occurred during the use of a protective procedure.

Subd. 4.

Use of law enforcement.

The program must maintain a central log
documenting each incident involving use of law enforcement, including:

(1) the date and time law enforcement arrived at and left the program;

(2) the reason for the use of law enforcement;

(3) if law enforcement used force or a protective procedure and which protective
procedure was used; and

(4) whether any injuries occurred.

Subd. 5.

Administrative review.

(a) The license holder must keep a record of all
patient incidents and protective procedures used. An administrative review of each use
of protective procedures must be completed within 72 hours by someone other than the
person who used the protective procedure. The record of the administrative review of the
use of protective procedures must state whether:

(1) the required documentation was recorded for each use of a protective procedure;

(2) the protective procedure was used according to the policy and procedures;

(3) the staff who implemented the protective procedure was properly trained; and

(4) the behavior met the standards for imminent danger of harming self or others.

(b) The license holder must conduct and document a quarterly review of the use of
protective procedures with the goal of reducing the use of protective procedures. The
review must include:

(1) any patterns or problems indicated by similarities in the time of day, day of the
week, duration of the use of a protective procedure, individuals involved, or other factors
associated with the use of protective procedures;

(2) any injuries resulting from the use of protective procedures;

(3) whether law enforcement was involved in the use of a protective procedure;

(4) actions needed to correct deficiencies in the program's implementation of
protective procedures;

(5) an assessment of opportunities missed to avoid the use of protective procedures;
and

(6) proposed actions to be taken to minimize the use of protective procedures.

Sec. 10.

[245F.10] PATIENT RIGHTS AND GRIEVANCE PROCEDURES.

Subdivision 1.

Patient rights.

Patients have the rights in sections 144.651,
148F.165, and 253B.03, as applicable. The license holder must give each patient, upon
admission, a written statement of patient rights. Program staff must review the statement
with the patient.

Subd. 2.

Grievance procedure.

Upon admission, the license holder must explain
the grievance procedure to the patient or patient's representative and give the patient a
written copy of the procedure. The grievance procedure must be posted in a place visible
to the patient and must be made available to current and former patients upon request. A
license holder's written grievance procedure must include:

(1) staff assistance in developing and processing the grievance;

(2) an initial response to the patient who filed the grievance within 24 hours of the
program's receipt of the grievance, and timelines for additional steps to be taken to resolve
the grievance, including access to the person with the highest level of authority in the
program if the grievance cannot be resolved by other staff members; and

(3) the addresses and telephone numbers of the Department of Human Services
Licensing Division, Department of Health Office of Health Facilities Complaints, Board
of Behavioral Health and Therapy, Board of Medical Practice, Board of Nursing, and
Office of the Ombudsman for Mental Health and Developmental Disabilities.

Sec. 11.

[245F.11] PATIENT PROPERTY MANAGEMENT.

A license holder must meet the requirements for handling patient funds and property
in section 245A.04, subdivision 14, except:

(1) a license holder must establish policies regarding the use of personal property to
assure that program activities and the rights of other patients are not infringed, and may
take temporary custody of personal property if these policies are violated;

(2) a license holder must retain the patient's property for a minimum of seven days
after discharge if the patient does not reclaim the property after discharge; and

(3) the license holder must return to the patient all of the patient's property held in
trust at discharge, regardless of discharge status, except that:

(i) drugs, drug paraphernalia, and drug containers that are subject to forfeiture under
section 609.5316 must be given over to the custody of a local law enforcement agency or,
if giving the property over to the custody of a local law enforcement agency would violate
Code of Federal Regulations, title 42, sections 2.1 to 2.67, and title 45, parts 160 to 164,
destroyed by a staff person designated by the program director; and

(ii) weapons, explosives, and other property that may cause serious harm to self
or others must be transferred to a local law enforcement agency. The patient must be
notified of the transfer and the right to reclaim the property if the patient has a legal right
to possess the item.

Sec. 12.

[245F.12] MEDICAL SERVICES.

Subdivision 1.

Services provided at all programs.

Withdrawal management
programs must have:

(1) a standardized data collection tool for collecting health-related information about
each patient. The data collection tool must be developed in collaboration with a registered
nurse and approved and signed by the medical director; and

(2) written procedures for a nurse to assess and monitor patient health within the
nurse's scope of practice. The procedures must:

(i) be approved by the medical director;

(ii) include a follow-up screening conducted between four and 12 hours after service
initiation to collect information relating to acute intoxication, other health complaints, and
behavioral risk factors that the patient may not have communicated at service initiation;

(iii) specify the physical signs and symptoms that, when present, require consultation
with a registered nurse or a physician and that require transfer to an acute care facility or
a higher level of care than that provided by the program;

(iv) specify those staff members responsible for monitoring patient health and
provide for hourly observation and for more frequent observation if the initial health
assessment or follow-up screening indicates a need for intensive physical or behavioral
health monitoring; and

(v) specify the actions to be taken to address specific complicating conditions,
including pregnancy or the presence of physical signs or symptoms of any other medical
condition.

Subd. 2.

Services provided at clinically managed programs.

In addition to the
services listed in subdivision 1, clinically managed programs must:

(1) have a licensed practical nurse on site 24 hours a day and a medical director;

(2) provide an initial health assessment conducted by a nurse upon admission;

(3) provide daily on-site medical evaluation and consultation with a registered
nurse and have a registered nurse available by telephone or in person for consultation
24 hours a day;

(4) have a qualified medical professional available by telephone or in person for
consultation 24 hours a day; and

(5) have appropriately licensed staff available to administer medications according
to prescriber-approved orders.

Subd. 3.

Services provided at medically monitored programs.

In addition to the
services listed in subdivision 1, medically monitored programs must have a registered
nurse on site 24 hours a day and a medical director. Medically monitored programs must
provide intensive inpatient withdrawal management services which must include:

(1) an initial health assessment conducted by a registered nurse upon admission;

(2) the availability of a medical evaluation and consultation with a registered nurse
24 hours a day;

(3) the availability of a qualified medical professional by telephone or in person
for consultation 24 hours a day;

(4) the ability to be seen within 24 hours or sooner by a qualified medical
professional if the initial health assessment indicates the need to be seen;

(5) the availability of on-site monitoring of patient care seven days a week by a
qualified medical professional; and

(6) appropriately licensed staff available to administer medications according to
prescriber-approved orders.

Sec. 13.

[245F.13] MEDICATIONS.

Subdivision 1.

Administration of medications.

A license holder must employ or
contract with a registered nurse to develop the policies and procedures for medication
administration. A registered nurse must provide supervision as defined in section 148.171,
subdivision 23, for the administration of medications. For clinically managed programs,
the registered nurse supervision must include on-site supervision at least monthly or more
often as warranted by the health needs of the patient. The medication administration
policies and procedures must include:

(1) a provision that patients may carry emergency medication such as nitroglycerin
as instructed by their prescriber;

(2) requirements for recording the patient's use of medication, including staff
signatures with date and time;

(3) guidelines regarding when to inform a licensed practitioner or a registered nurse
of problems with medication administration, including failure to administer, patient
refusal of a medication, adverse reactions, or errors; and

(4) procedures for acceptance, documentation, and implementation of prescriptions,
whether written, oral, telephonic, or electronic.

Subd. 2.

Control of drugs.

A license holder must have in place and implement
written policies and procedures relating to control of drugs. The policies and procedures
must be developed by a registered nurse and must contain the following provisions:

(1) a requirement that all drugs must be stored in a locked compartment. Schedule II
drugs, as defined in section 152.02, subdivision 3, must be stored in a separately locked
compartment that is permanently affixed to the physical plant or a medication cart;

(2) a system for accounting for all scheduled drugs each shift;

(3) a procedure for recording a patient's use of medication, including staff signatures
with time and date;

(4) a procedure for destruction of discontinued, outdated, or deteriorated medications;

(5) a statement that only authorized personnel are permitted to have access to the
keys to the locked drug compartments; and

(6) a statement that no legend drug supply for one patient may be given to another
patient.

Sec. 14.

[245F.14] STAFFING REQUIREMENTS AND DUTIES.

Subdivision 1.

Program director.

A license holder must employ or contract with a
person, on a full-time basis, to serve as program director. The program director must be
responsible for all aspects of the facility and the services delivered to the license holder's
patients. An individual may serve as program director for more than one program owned
by the same license holder.

Subd. 2.

Responsible staff person.

During all hours of operation, a license holder
must designate a staff member as the responsible staff person to be present and awake
in the facility and be responsible for the program. The responsible staff person must
have decision-making authority over the day-to-day operation of the program as well
as the authority to direct the activity of or terminate the shift of any staff member who
has direct patient contact.

Subd. 3.

Technician required.

A license holder must have one technician awake
and on duty at all times for every ten patients in the program. A license holder may assign
technicians according to the need for care of the patients, except that the same technician
must not be responsible for more than 15 patients at one time. For purposes of establishing
this ratio, all staff whose qualifications meet or exceed those for technicians under section
245F.15, subdivision 6, and who are performing the duties of a technician may be counted
as technicians. The same individual may not be counted as both a technician and an
alcohol and drug counselor.

Subd. 4.

Registered nurse required.

A license holder must employ or contract
with a registered nurse, who must be available 24 hours a day by telephone or in person
for consultation. The registered nurse is responsible for:

(1) establishing and implementing procedures for the provision of nursing care and
delegated medical care, including:

(i) a health monitoring plan;

(ii) a medication control plan;

(iii) training and competency evaluations for staff performing delegated medical and
nursing functions;

(iv) handling serious illness, accident, or injury to patients;

(v) an infection control program; and

(vi) a first aid kit;

(2) delegating nursing functions to other staff consistent with their education,
competence, and legal authorization;

(3) assigning, supervising, and evaluating the performance of nursing tasks; and

(4) implementing condition-specific protocols in compliance with section 151.37,
subdivision 2.

Subd. 5.

Medical director required.

A license holder must have a medical director
available for medical supervision. The medical director is responsible for ensuring the
accurate and safe provision of all health-related services and procedures. A license
holder must obtain and document the medical director's annual approval of the following
procedures before the procedures may be used:

(1) admission, discharge, and transfer criteria and procedures;

(2) a health services plan;

(3) physical indicators for a referral to a physician, registered nurse, or hospital, and
procedures for referral;

(4) procedures to follow in case of accident, injury, or death of a patient;

(5) formulation of condition-specific protocols regarding the medications that
require a withdrawal regimen that will be administered to patients;

(6) an infection control program;

(7) protective procedures; and

(8) a medication control plan.

Subd. 6.

Alcohol and drug counselor.

A withdrawal management program must
provide one full-time equivalent alcohol and drug counselor for every 16 patients served
by the program.

Subd. 7.

Ensuring staff-to-patient ratio.

The responsible staff person under
subdivision 2 must ensure that the program does not exceed the staff-to-patient ratios in
subdivisions 3 and 6 and must inform admitting staff of the current staffed capacity of
the program for that shift. A license holder must have a written policy for documenting
staff-to-patient ratios for each shift and actions to take when staffed capacity is reached.

Sec. 15.

[245F.15] STAFF QUALIFICATIONS.

Subdivision 1.

Qualifications for all staff who have direct patient contact.

(a) All
staff who have direct patient contact must be at least 18 years of age and must, at the time
of hiring, document that they meet the requirements in paragraph (b), (c), or (d).

(b) Program directors, supervisors, nurses, and alcohol and drug counselors must be
free of substance use problems for at least two years immediately preceding their hiring
and must sign a statement attesting to that fact.

(c) Recovery peers must be free of substance use problems for at least one year
immediately preceding their hiring and must sign a statement attesting to that fact.

(d) Technicians and other support staff must be free of substance use problems
for at least six months immediately preceding their hiring and must sign a statement
attesting to that fact.

Subd. 2.

Continuing employment; no substance use problems.

License holders
must require staff to be free from substance use problems as a condition of continuing
employment. Staff are not required to sign statements attesting to their freedom from
substance use problems after the initial statement required by subdivision 1. Staff with
substance use problems must be immediately removed from any responsibilities that
include direct patient contact.

Subd. 3.

Program director qualifications.

A program director must:

(1) have at least one year of work experience in direct service to individuals
with substance use disorders or one year of work experience in the management or
administration of direct service to individuals with substance use disorders;

(2) have a baccalaureate degree or three years of work experience in administration
or personnel supervision in human services; and

(3) know and understand the requirements of this chapter and chapters 245A and
245C, and sections 253B.04, 253B.05, 626.556, 626.557, and 626.5572.

Subd. 4.

Alcohol and drug counselor qualifications.

An alcohol and drug
counselor must meet the requirements in Minnesota Rules, part 9530.6450, subpart 5.

Subd. 5.

Responsible staff person qualifications.

Each responsible staff person
must know and understand the requirements of this chapter and sections 245A.65,
253B.04, 253B.05, 626.556, 626.557, and 626.5572. In a clinically managed program, the
responsible staff person must be a licensed practical nurse employed by or under contract
with the license holder. In a medically monitored program, the responsible staff person
must be a registered nurse, program director, or physician.

Subd. 6.

Technician qualifications.

A technician employed by a program must
demonstrate competency, prior to direct patient contact, in the following areas:

(1) knowledge of the client bill of rights in section 148F.165, and staff responsibilities
in sections 144.651 and 253B.03;

(2) knowledge of and the ability to perform basic health screening procedures with
intoxicated patients that consist of:

(i) blood pressure, pulse, temperature, and respiration readings;

(ii) interviewing to obtain relevant medical history and current health complaints; and

(iii) visual observation of a patient's health status, including monitoring a patient's
behavior as it relates to health status;

(3) a current first aid certificate from the American Red Cross or an equivalent
organization; a current cardiopulmonary resuscitation certificate from the American Red
Cross, the American Heart Association, a community organization, or an equivalent
organization; and knowledge of first aid for seizures, trauma, and loss of consciousness; and

(4) knowledge of and ability to perform basic activities of daily living and personal
hygiene.

Subd. 7.

Recovering peer qualifications.

Recovery peers must:

(1) be at least 21 years of age and have a high school diploma or its equivalent;