SF 1823

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/20/2015 08:54am

A bill for an act
relating to state government; restructuring councils representing certain ethnic
communities; creating a Department of Ethnic Affairs to strengthen three of the
ethnic councils; transferring the ombudsperson program for families and children
into the Department of Ethnic Affairs; appropriating money; amending Minnesota
Statutes 2014, section 15.01; proposing coding for new law in Minnesota
Statutes, chapter 3; proposing coding for new law as Minnesota Statutes,
chapter 16F; repealing Minnesota Statutes 2014, sections 3.9223; 3.9225;
3.9226, subdivisions 1, 2, 3, 4, 5, 6, 7; 257.0755; 257.076; 257.0761; 257.0762;
257.0763; 257.0764; 257.0765; 257.0766; 257.0767; 257.0768; 257.0769.

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

ARTICLE 1

DEPARTMENT OF ETHNIC AFFAIRS

Section 1.

Minnesota Statutes 2014, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government:
the Department of Administration; the Department of Agriculture; the Department of
Commerce; the Department of Corrections; the Department of Education; the Department
of Employment and Economic Development; the Department of Health; the Department
of Human Rights; the Department of Labor and Industry; the Department of Management
and Budget; the Department of Military Affairs; the Department of Natural Resources;
the Department of Public Safety; the Department of Human Services; the Department of
Revenue; the Department of Transportation; the Department of Veterans Affairs; new text begin the
Department of Ethnic Affairs; new text end and their successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 30, 2015.
new text end

Sec. 2.

new text begin [16F.01] DEPARTMENT OF ETHNIC AFFAIRS.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; purpose. new text end

new text begin The Department of Ethnic Affairs is referred to
in this chapter as "department." The department is established to provide a voice to ethnic
minorities residing in the state on policy relating to subjects including, but not limited
to, education, health and human services, housing, employment, civil rights, corrections,
public safety, and economic development, as follows:
new text end

new text begin (1) the purpose of the department is to be the central coordinating body for
discussion and study of state policy affecting people of color in the state;
new text end

new text begin (2) the department is responsible for gathering, analyzing, proposing, and tracking
legislation that will improve the quality of life of people of color in the state;
new text end

new text begin (3) the Department of Ethnic Affairs is created to assist the executive and legislative
branches of government in identifying organizational practices, systemic policies, rules,
contract policies, and hiring policies to address long-standing inequities that generate
segregation and persistent disparities in Minnesota; and
new text end

new text begin (4) improving interagency coordination and information sharing to strengthen
state agency capacity and accountability to help ensure the effective implementation of
government efforts to promote racial and ethnic equality and advance the rights of people
of color.
new text end

new text begin Subd. 2. new text end

new text begin Executive directors. new text end

new text begin The department shall have the following six coequal
agency heads:
new text end

new text begin (1) three executive directors, appointed by the governor and confirmed by the
senate, as follows:
new text end

new text begin (i) one person who is versed on issues that impact Black people in Minnesota, to
serve as a liaison to Black Minnesotans;
new text end

new text begin (ii) one person who is versed on issues that impact Latino-Hispanic people in
Minnesota, to serve as a liaison to Latino-Hispanic Minnesotans; and
new text end

new text begin (iii) one person who is versed on issues that impact Asian-Pacific people in
Minnesota, to serve as a liaison to Asian-Pacific Minnesotans; and
new text end

new text begin (2) three ombudspersons, appointed as provided in section 16F.050.
new text end

new text begin Each executive director must be a person who is of the community the director
represents. In selecting each executive director, the governor must seek and consider input
from each respective community as reflected by recommendations of the commissions
on director selection under section 16F.03.
new text end

new text begin Subd. 3. new text end

new text begin Director terms. new text end

new text begin The terms of each director shall be six years and until
the director's successor has been appointed and confirmed by the senate. The governor
may remove a director for cause, after notice and hearing. In the case of a vacancy, the
governor shall appoint, subject to senate confirmation, a person to fill the vacancy for the
remainder of the unexpired term considering nominees recommended by the relevant
commission on executive director selection under section 16F.03.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin Each executive director shall perform the following duties:
new text end

new text begin (1) coordinate with each state agency and organization that receives state funds
about the legislative priorities of each agency and organization;
new text end

new text begin (2) coordinate with each state department to ensure that communities of color are
informed about new legislative initiatives; requests for proposals; implementation of
existing policies, including rulemaking and board appointments; and other measures
impacting the community;
new text end

new text begin (3) develop practical methods to inform the community about resources and
opportunities available to the community the executive director represents, including
hosting a Web site and issuing periodic newsletters;
new text end

new text begin (4) gather and coordinate statistical data to propose new policy to improve outcomes
for the community;
new text end

new text begin (5) annually identify a set of legislative priorities and report these priorities by
November 1 of each year to the legislature, governor, and the public; new text end

new text begin
(6) identify, analyze, and track legislation to determine whether it particularly affects
the community that the executive director represents; new text end

new text begin
(7) testify at legislative committee hearings, as permitted by committee chairs, on
legislation addressing issues of priority confronting the community as identified in the
legislative planning report under subdivision 11; new text end

new text begin
(8) propose legislation and amendments to legislation to reduce detrimental effects
or to improve outcomes resulting from the legislation for the community the executive
director represents, and make best efforts to find a legislator in each body to introduce
the proposed legislation, or a legislator that serves on relevant legislative committees to
offer amendments;
new text end

new text begin (9) partner with state agencies and other organizations to collect and disseminate
demographic information;
new text end

new text begin (10) to the extent practical, strive to create networks among ethnic minorities; and
new text end

new text begin (11) on topics relating to children, coordinate with the ombudsperson appointed
under section 16F.050 who represents the same community.
new text end

new text begin Subd. 5. new text end

new text begin Additional duty of the executive director representing Black
Minnesotans. new text end

new text begin The executive director representing Black people in Minnesota shall
review data provided by the commissioner of human services under section 260C.215,
subdivision 5, and present recommendations on the out-of-home placement of Black
children. Recommendations must be presented to the commissioner of human services
and the legislature by November 1 of each year thereafter.
new text end

new text begin Subd. 6. new text end

new text begin Contracts and grants. new text end

new text begin The department may enter into contracts for
goods or services with public or private organizations, but may not accept or receive a
loan or incur indebtedness, except as otherwise provided by law. The department may
apply for, receive, and expend grants and gifts of money consistent with the powers and
duties specified in this section.
new text end

new text begin Subd. 7. new text end

new text begin Administrative support; agency partnerships. new text end

new text begin The department shall
receive administrative support from the commissioner of administration under section
16B.371. Other state agencies shall supply the department upon request with advisory staff
services on matters relating to the duties of the department. The department shall cooperate
and coordinate its activities with other state agencies to the highest possible degree.
new text end

new text begin Subd. 8. new text end

new text begin Staff. new text end

new text begin The executive directors and ombudspersons may hire staff necessary
to carry out the department's duties. Staff members serve in the unclassified service.
new text end

new text begin Subd. 9. new text end

new text begin Preliminary policy planning report. new text end

new text begin Each executive director shall submit
a planning report to the governor and to the chairs and ranking minority members of the
committees in the senate and the house of representatives with primary jurisdiction over
state government operations by November 15 of each year. The planning report shall
identify issues of priority confronting the community that the executive director represents,
make recommendations to address issues, and list the specific steps the department will
take to partner with the executive and legislative branches to address those issues.
new text end

new text begin Subd. 10. new text end

new text begin Session report. new text end

new text begin By February 1 of each year, each executive director
shall submit a session report to the governor and to the chairs and ranking minority
members of the committees in the senate and the house of representatives with primary
jurisdiction over state government operations. The session report shall identify priority
issues impacting each ethnic minority individually or collectively. The preliminary report
must also identify specific policy measures to address the issues raised. The report
in the odd-numbered year must address the first ten bills introduced in the house of
representatives and the senate in that year.
new text end

new text begin Subd. 11. new text end

new text begin Results report. new text end

new text begin Each executive director shall submit a results report to the
governor and to the chairs and ranking minority members of the committees in the senate
and the house of representatives with primary jurisdiction over state government operations
by September 15 of each year. The results report shall summarize the activities of the
department since its last report, list receipts and expenditures, and describe its success in
meeting the objectives listed in the planning report and the session report of the prior year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 30, 2015.
new text end

Sec. 3.

new text begin [16F.03] COMMISSIONS ON EXECUTIVE DIRECTOR SELECTION.
new text end

new text begin Subdivision 1. new text end

new text begin Commission established; members. new text end

new text begin Three commissions are
established to select the three executive directors for the Department of Ethnic Affairs,
under section 16F.01, subdivision 2. Each commission on executive director selection
is composed of the following members:
new text end

new text begin (1) to select the executive director representing Latino-Hispanic Minnesotans, 13
members of Latino-Hispanic descent, appointed by the governor, one from each of the
state's congressional districts and five at-large;
new text end

new text begin (2) to select the executive director representing Black Minnesotans, 13 members
appointed by the governor, one from each of the state's congressional districts and five
at-large, who are broadly representative of the Black community of the state; and
new text end

new text begin (3) to select the executive director representing Asian-Pacific Minnesotans, 13
members appointed by the governor, one from each of the state's congressional districts
and five at-large, who are broadly representative of the Asian-Pacific community of
people whose ethnic heritage is from any of the countries in Asia east of, and including,
Afghanistan or the Pacific Islands.
new text end

new text begin Subd. 2. new text end

new text begin Terms; vacancies; chair. new text end

new text begin Commission members are appointed to
one six-year term. If a vacancy occurs on a commission, the governor shall appoint
an individual to fill the vacancy for the unexpired term who is from the same state
congressional district as the vacating member. The governor will designate one member
of each commission to serve as chair.
new text end

new text begin Subd. 3. new text end

new text begin Recruitment process. new text end

new text begin Each commission shall prepare and make available
to the public the process and timeline the commission will follow in recruiting and
evaluating candidates to fill vacancies. Each commission shall actively seek out and
encourage qualified individuals to apply for the position of executive director.
new text end

new text begin Subd. 4. new text end

new text begin Candidate evaluation. new text end

new text begin Each commission shall evaluate the extent to which
candidates have the following qualifications: experience with the legislative process,
experience developing and implementing public policy, expertise in consensus-building
across the community they seek to represent, and versed on issues that impact the ethnic
community the candidate would represent. In addition, the candidate must be of the
community the candidate would represent. The commission shall solicit, in writing,
recommendations from community organizations and associations.
new text end

new text begin Subd. 5. new text end

new text begin Commission meetings; notice; time. new text end

new text begin Within 30 days after a vacancy in an
executive director position occurs or the governor has been notified that a vacancy will
occur on a named date, the governor shall give notice of the vacancy to the chair of the
Commission on Executive Director Selection. The chair shall convene a meeting of the
commission to consider the candidates for the vacancy not less than 30 days nor more than
45 days after the governor provides notification of the vacancy.
new text end

new text begin Subd. 6. new text end

new text begin Notice to public. new text end

new text begin Upon receiving notice from the governor that a vacancy
has occurred or will occur on a specified date, the chair shall provide notice of the
following information:
new text end

new text begin (1) the office that is or will be vacant;
new text end

new text begin (2) that applications from qualified persons or on behalf of qualified persons are
being accepted by the commission;
new text end

new text begin (3) that application forms may be obtained from the governor or the commission
at a named address; and
new text end

new text begin (4) that application forms must be returned to the commission by a named date.
new text end

new text begin Subd. 7. new text end

new text begin Nominees to governor. new text end

new text begin Within 60 days after the receipt of a notice of a
vacancy, the commission shall recommend to the governor no fewer than three and no
more than five nominees for executive director. The names of the nominees must be
made public. The governor may fill the vacancy from the nominees recommended by
the commission. If the governor declines to select a nominee to fill the vacancy from
the list of nominees, or if no list is submitted to the governor under this subdivision,
the governor may select a person to fill the vacancy without regard to the commission's
recommendation. If fewer than 60 days remain in the term of office of a governor who
will not succeed to another term, the governor may fill a vacancy without waiting for the
commission to recommend a list of nominees.
new text end

new text begin Subd. 8. new text end

new text begin Commission meetings and data. new text end

new text begin Meetings of the commission may be
closed to discuss the candidates.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin TRANSFER OF AUTHORITY.
new text end

new text begin Minnesota Statutes, section 15.039, applies to the transfer of the responsibilities,
unexpended funds, personnel other than executive directors, and property of the Council
on Affairs of Chicano-Latino People under Minnesota Statutes, section 3.9223; the
Council on Black Minnesotans under Minnesota Statutes, section 3.9225; and the
Council on Asian-Pacific Minnesotans under Minnesota Statutes, section 3.9226, to the
Department of Ethnic Affairs under Minnesota Statutes, section 16F.01.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 30, 2015.
new text end

Sec. 5. new text begin FIRST APPOINTMENTS.
new text end

new text begin The governor shall appoint all governor-appointed members to the commissions on
executive director selection under Minnesota Statutes, section 16F.03, by July 31, 2015.
The commissions shall make recommendations for executive director to the governor
by September 30, 2015. The governor shall appoint the four executive directors under
Minnesota Statutes, section 16F.01, by October 30, 2015.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin Within the chapters or sections governing each department, agency, and organization
receiving funding from the state, add the following: "The department or agency or
organization is required to coordinate its legislative priorities with the Department of
Ethnic Affairs." Within the chapters governing each department, add the following:
"The department must coordinate with the Department of Ethnic Affairs to ensure that
communities of color are informed about new legislative initiatives; announcements of
requests for proposals; implementation of existing policies, such as rulemaking, board
appointments, and vacancies; and other measures that impact people of color."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 30, 2015.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 3.9223; 3.9225; and 3.9226, subdivisions 1,
2, 3, 4, 5, 6, and 7, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective October 30, 2015.
new text end

ARTICLE 2

OMBUDSPERSONS

Section 1.

new text begin [16F.050] OMBUDSPERSONS FOR FAMILIES; QUALIFICATIONS;
FUNCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Selection; qualifications. new text end

new text begin One ombudsperson for each of the
following communities shall be appointed by the governor: Black Minnesotans;
Latino-Hispanic Minnesotans; and Asian-Pacific Minnesotans. Each ombudsperson
serves in the unclassified service at the pleasure of the 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.
new text end

new text begin Subd. 2. new text end

new text begin Appropriation. new text end

new text begin Money appropriated for each ombudsperson from the
general fund or the special fund authorized by section 256.01, subdivision 2, paragraph
(o), is under the control of each ombudsperson for which it is appropriated.
new text end

Sec. 2.

new text begin [16F.051] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 16F.050 to 16F.061, the
following terms shall have the meanings given them in this section.
new text end

new text begin Subd. 2. new text end

new text begin Agency. new text end

new text begin "Agency" means the divisions, officials, or employees of the state
Departments of Human Services and Health and local district courts or a designated
county social service agency as defined in section 256G.02, subdivision 7, engaged in
providing child protection and placement services for children. Agency also means
any individual, service, or program providing child protection or placement services in
coordination with or under contract to any other entity specified in this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Communities of color. new text end

new text begin "Communities of color" means the following:
Hispanic-Latino, Asian-Pacific, African, and African-American communities.
new text end

new text begin Subd. 4. new text end

new text begin Compadrazgo. new text end

new text begin "Compadrazgo" is a kinship institution within the
Hispanic-Latino community used as a means of parenting and caring for children from
birth to adulthood.
new text end

new text begin Subd. 5. new text end

new text begin Family of color. new text end

new text begin "Family of color" means any family with a child under
the age of 18 who is identified by one or both parents or another trusted adult to be of
Hispanic-Latino, Asian-Pacific, African, or African-American descent.
new text end

new text begin Subd. 6. new text end

new text begin Facility. new text end

new text begin "Facility" means any entity required to be licensed under chapter
245A.
new text end

new text begin Subd. 7. new text end

new text begin Trusted adult. new text end

new text begin "Trusted adult" means an individual recognized by the
child's parent or legal guardian, the child's community, or both, as speaking for the child's
best interest. The term includes compadrazgo and other individuals with a kinship or
community relationship with the child.
new text end

Sec. 3.

new text begin [16F.054] OMBUDSPERSONS STAFF.
new text end

new text begin Subdivision 1. new text end

new text begin Staff; unclassified status; retirement. new text end

new text begin The ombudsperson for
each community of color 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 System.
new text end

new text begin Subd. 2. new text end

new text begin Delegation to staff. new text end

new text begin The ombudsperson may delegate to staff members
any of the ombudsperson's authority or duties except the duty of formally making
recommendations to an administrative agency or reports to the governor, or to the
legislature.
new text end

Sec. 4.

new text begin [16F.055] DUTIES AND POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin (a) Each ombudsperson shall monitor agency compliance
with all laws governing child protection and placement, as they impact on children of
color. In particular, the ombudsperson shall monitor agency compliance with sections
260C.215; 260.751 to 260.835; and 260C.193, subdivision 3.
new text end

new text begin (b) The ombudsperson shall work with local state courts to ensure that:
new text end

new text begin (1) court officials, public policy makers, and service providers are trained in cultural
diversity. The ombudsperson shall document and monitor court activities in order to
heighten awareness of diverse belief systems and family relationships;
new text end

new text begin (2) experts from the appropriate community of color including tribal advocates are
used as court advocates and are consulted in placement decisions that involve children
of color;
new text end

new text begin (3) guardians ad litem and other individuals from communities of color are recruited,
trained, and used in court proceedings to advocate on behalf of children of color; and
new text end

new text begin (4) training programs for bilingual workers are provided.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

new text begin Each ombudsperson has the authority to investigate decisions,
acts, and other matters of an agency, program, or facility providing protection or placement
services to children of color. In carrying out this authority and the duties in subdivision
1, each ombudsperson has the power to:
new text end

new text begin (1) prescribe the methods by which complaints are to be made, reviewed, and acted
upon;
new text end

new text begin (2) determine the scope and manner of investigations to be made;
new text end

new text begin (3) investigate, upon a complaint or upon personal initiative, any action of any
agency;
new text end

new text begin (4) request and be given access to any information in the possession of any agency
deemed necessary for the discharge of responsibilities. The ombudsperson is authorized to
set reasonable deadlines within which an agency must respond to requests for information.
Data obtained from any agency under this clause shall retain the classification which it
had under section 13.02 and shall be maintained and disseminated by the ombudsperson
according to chapter 13;
new text end

new text begin (5) examine the records and documents of an agency;
new text end

new text begin (6) enter and inspect, during normal business hours, premises within the control
of an agency; and
new text end

new text begin (7) subpoena any agency personnel to appear, testify, or produce documentary or
other evidence which the ombudsperson deems relevant to a matter under inquiry, and
may petition the appropriate state court to seek enforcement with the subpoena; provided,
however, that any witness at a hearing or before an investigation as herein provided, shall
possess the same privileges reserved to such a witness in the courts or under the laws of
this state. The ombudsperson may compel nonagency individuals to testify or produce
evidence according to procedures developed by the advisory board.
new text end

Sec. 5.

new text begin [16F.056] MATTERS APPROPRIATE FOR REVIEW.
new text end

new text begin (a) In selecting matters for review, an ombudsperson should give particular attention
to actions of an agency, facility, or program that:
new text end

new text begin (1) may be contrary to law or rule;
new text end

new text begin (2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of
an agency, facility, or program;
new text end

new text begin (3) may result in abuse or neglect of a child;
new text end

new text begin (4) may disregard the rights of a child or other individual served by an agency
or facility; or
new text end

new text begin (5) may be unclear or inadequately explained, when reasons should have been
revealed.
new text end

new text begin (b) An ombudsperson shall, in selecting matters for review, inform other interested
agencies in order to avoid duplicating other investigations or regulatory efforts, including
activities undertaken by a tribal organization under the authority of sections 260.751 to
260.835.
new text end

Sec. 6.

new text begin [16F.057] COMPLAINTS.
new text end

new text begin An ombudsperson may receive a complaint from any source concerning an action of
an agency, facility, or program. After completing a review, the ombudsperson shall inform
the complainant, agency, facility, or program. Services to a child shall not be unfavorably
altered as a result of an investigation or complaint. An agency, facility, or program shall not
retaliate or take adverse action, as defined in section 626.556, subdivision 4a, paragraph (c),
against an individual who, in good faith, makes a complaint or assists in an investigation.
new text end

Sec. 7.

new text begin [16F.058] RECOMMENDATIONS TO AGENCY.
new text end

new text begin (a) If, after reviewing a complaint or conducting an investigation and considering
the response of an agency, facility, or program and any other pertinent material, the
ombudsperson determines that the complaint has merit or the investigation reveals a
problem, the ombudsperson may recommend that the agency, facility, or program:
new text end

new text begin (1) consider the matter further;
new text end

new text begin (2) modify or cancel its actions;
new text end

new text begin (3) alter a rule, order, or internal policy;
new text end

new text begin (4) explain more fully the action in question; or
new text end

new text begin (5) take other action as authorized under section 257.0762.
new text end

new text begin (b) At the ombudsperson's request, the agency, facility, or program shall, within a
reasonable time, inform the ombudsperson about the action taken on the recommendation
or the reasons for not complying with it.
new text end

Sec. 8.

new text begin [16F.059] RECOMMENDATIONS AND PUBLIC REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Specific reports. new text end

new text begin An ombudsperson may send conclusions and
suggestions concerning any matter reviewed to the governor and shall provide copies of all
reports to the executive director. 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.
new text end

new text begin Subd. 2. new text end

new text begin General reports. new text end

new text begin In addition to whatever conclusions or recommendations
the ombudsperson may make to the governor on an ad hoc basis, the ombudsperson shall at
the end of each year report to the governor concerning the exercise of the ombudsperson's
functions during the preceding year.
new text end

Sec. 9.

new text begin [16F.060] CIVIL ACTIONS.
new text end

new text begin The ombudsperson and designees are not civilly liable for any action taken under
sections 16F.050 to 16F.061 if the action was taken in good faith, was within the scope of
the ombudsperson's authority, and did not constitute willful or reckless misconduct.
new text end

Sec. 10.

new text begin [16F.061] FUNDING FOR THE OMBUDSPERSON PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriations. new text end

new text begin Three-quarters of the money in the special
fund authorized by section 256.01, subdivision 2, paragraph (o), is appropriated to the
Department of Ethnic Affairs for the purposes of section 16F.055.
new text end

new text begin Subd. 2. new text end

new text begin Title IV-E reimbursement. new text end

new text begin The department shall obtain federal title IV-E
financial participation for eligible activity by the ombudspersons for families under section
16F.050. The ombudsperson for families shall maintain and transmit to the Department of
Human Services documentation that is necessary in order to obtain federal funds.
new text end

Sec. 11. new text begin TRANSFER OF AUTHORITY.
new text end

new text begin Minnesotas Statutes, section 15.039, applies to the transfer of responsibilities,
unexpended funds, personnel, and property under the control of the ombudspersons
for Chicano-Latino people, Black Minnesotans, and Asian-Pacific Minnesotans under
Minnesota Statutes, chapter 257, to the Department of Ethnic Affairs under Minnesota
Statutes, section 16F.01.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 257.0755; 257.076; 257.0761; 257.0762;
257.0763; 257.0764; 257.0765; 257.0766; 257.0767; 257.0768; and 257.0769, new text end new text begin are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective October 30, 2015.
new text end

ARTICLE 3

OMBUDSPERSON FOR AMERICAN INDIAN FAMILIES

Section 1.

new text begin [3.9281] OMBUDSPERSON; CREATION; QUALIFICATIONS;
FUNCTION.
new text end

new text begin An ombudsperson for American Indian families shall be selected by the governor.
The ombudsperson serves in the unclassified service at the pleasure of the governor
and may be removed only for just cause. The 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 American Indian families. In addition, the ombudsperson
must be experienced in dealing with American Indians and knowledgeable about the
needs of those communities. No individual may serve as ombudsperson while holding
any other public office.
new text end

Sec. 2.

new text begin [3.9282] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 257.0755 to 257.0768, the
following terms shall have the meanings given them in this section.
new text end

new text begin Subd. 2. new text end

new text begin Agency. new text end

new text begin "Agency" means the divisions, officials, or employees of the state
Departments of Human Services and Health and local district courts or a designated
county social service agency as defined in section 256G.02, subdivision 7, engaged in
providing child protection and placement services for children. Agency also means
any individual, service, or program providing child protection or placement services in
coordination with or under contract to any other entity specified in this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Family of American Indians. new text end

new text begin "Family of American Indians" means any
family with a child under the age of 18 who is identified by one or both parents or another
trusted adult to be of American Indian descent.
new text end

new text begin Subd. 4. new text end

new text begin Facility. new text end

new text begin "Facility" means any entity required to be licensed under chapter
245A.
new text end

new text begin Subd. 5. new text end

new text begin Trusted adult. new text end

new text begin "Trusted adult" means an individual recognized by the
child's parent or legal guardian, the child's community, or both, as speaking for the child's
best interest. The term includes compadrazgo and other individuals with a kinship or
community relationship with the child.
new text end

Sec. 3.

new text begin [3.9283] OMBUDSPERSON STAFF.
new text end

new text begin Subdivision 1. new text end

new text begin Staff; unclassified status; retirement. new text end

new text begin The ombudsperson for
American Indian families 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.
new text end

new text begin Subd. 2. new text end

new text begin Delegation to staff. new text end

new text begin The ombudsperson may delegate to staff members
any of the ombudsperson's authority or duties except the duty of formally making
recommendations to an administrative agency or reports to the Office of the Governor,
or to the legislature.
new text end

Sec. 4.

new text begin [3.9284] DUTIES AND POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin (a) The ombudsperson shall monitor agency compliance with
all laws governing child protection and placement, as they impact on children of color. In
particular, the ombudsperson shall monitor agency compliance with sections 260.751 to
260.835; 260C.193, subdivision 3; and 260C.215.
new text end

new text begin (b) The ombudsperson shall work with local state courts to ensure that:
new text end

new text begin (1) court officials, public policy makers, and service providers are trained in cultural
diversity. The ombudsperson shall document and monitor court activities in order to
heighten awareness of diverse belief systems and family relationships;
new text end

new text begin (2) experts from the appropriate community of color including tribal advocates are
used as court advocates and are consulted in placement decisions that involve American
Indian children;
new text end

new text begin (3) guardians ad litem and other individuals from American Indian communities
are recruited, trained, and used in court proceedings to advocate on behalf of American
Indian children; and
new text end

new text begin (4) training programs for bilingual workers are provided.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

new text begin Each ombudsperson has the authority to investigate decisions,
acts, and other matters of an agency, program, or facility providing protection or
placement services to American Indian children. In carrying out this authority and the
duties in subdivision 1, each ombudsperson has the power to:
new text end

new text begin (1) prescribe the methods by which complaints are to be made, reviewed, and acted
upon;
new text end

new text begin (2) determine the scope and manner of investigations to be made;
new text end

new text begin (3) investigate, upon a complaint or upon personal initiative, any action of any
agency;
new text end

new text begin (4) request and be given access to any information in the possession of any agency
deemed necessary for the discharge of responsibilities. The ombudsperson is authorized to
set reasonable deadlines within which an agency must respond to requests for information.
Data obtained from any agency under this clause shall retain the classification which it
had under section 13.02 and shall be maintained and disseminated by the ombudsperson
according to chapter 13;
new text end

new text begin (5) examine the records and documents of an agency;
new text end

new text begin (6) enter and inspect, during normal business hours, premises within the control
of an agency; and
new text end

new text begin (7) subpoena any agency personnel to appear, testify, or produce documentary or
other evidence which the ombudsperson deems relevant to a matter under inquiry, and
may petition the appropriate state court to seek enforcement with the subpoena; provided,
however, that any witness at a hearing or before an investigation as herein provided, shall
possess the same privileges reserved to such a witness in the courts or under the laws of
this state. The ombudsperson may compel nonagency individuals to testify or produce
evidence according to procedures developed by the advisory board.
new text end

Sec. 5.

new text begin [3.9285] MATTERS APPROPRIATE FOR REVIEW.
new text end

new text begin (a) In selecting matters for review, an ombudsperson should give particular attention
to actions of an agency, facility, or program that:
new text end

new text begin (1) may be contrary to law or rule;
new text end

new text begin (2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of
an agency, facility, or program;
new text end

new text begin (3) may result in abuse or neglect of a child;
new text end

new text begin (4) may disregard the rights of a child or other individual served by an agency
or facility; or
new text end

new text begin (5) may be unclear or inadequately explained, when reasons should have been
revealed.
new text end

new text begin (b) An ombudsperson shall, in selecting matters for review, inform other interested
agencies in order to avoid duplicating other investigations or regulatory efforts, including
activities undertaken by a tribal organization under the authority of sections 260.751 to
260.835.
new text end

Sec. 6.

new text begin [3.9286] COMPLAINTS.
new text end

new text begin An ombudsperson may receive a complaint from any source concerning an action of
an agency, facility, or program. After completing a review, the ombudsperson shall inform
the complainant, agency, facility, or program. Services to a child shall not be unfavorably
altered as a result of an investigation or complaint. An agency, facility, or program shall not
retaliate or take adverse action, as defined in section 626.556, subdivision 4a, paragraph (c),
against an individual who, in good faith, makes a complaint or assists in an investigation.
new text end

Sec. 7.

new text begin [3.9287] RECOMMENDATIONS TO AGENCY.
new text end

new text begin (a) If, after reviewing a complaint or conducting an investigation and considering
the response of an agency, facility, or program and any other pertinent material, the
ombudsperson determines that the complaint has merit or the investigation reveals a
problem, the ombudsperson may recommend that the agency, facility, or program:
new text end

new text begin (1) consider the matter further;
new text end

new text begin (2) modify or cancel its actions;
new text end

new text begin (3) alter a rule, order, or internal policy;
new text end

new text begin (4) explain more fully the action in question; or
new text end

new text begin (5) take other action as authorized under section 257.0762.
new text end

new text begin (b) At the ombudsperson's request, the agency, facility, or program shall, within a
reasonable time, inform the ombudsperson about the action taken on the recommendation
or the reasons for not complying with it.
new text end

Sec. 8.

new text begin [3.9288] RECOMMENDATIONS AND PUBLIC REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Specific reports. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin General reports. new text end

new text begin In addition to whatever conclusions or recommendations
the ombudsperson may make to the governor on an ad hoc basis, the ombudsperson shall at
the end of each year report to the governor concerning the exercise of the ombudsperson's
functions during the preceding year.
new text end

Sec. 9.

new text begin [3.9289] CIVIL ACTIONS.
new text end

new text begin The ombudsperson and designees are not civilly liable for any action taken under
sections 257.0755 to 257.0768 if the action was taken in good faith, was within the scope
of the ombudsperson's authority, and did not constitute willful or reckless misconduct.
new text end

Sec. 10.

new text begin [3.9290] FUNDING FOR THE OMBUDSPERSON PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriations. new text end

new text begin One-fourth of the money from the special fund
authorized by section 256.01, subdivision 2, paragraph (o), is appropriated to the Indian
Affairs Council for the purposes of sections 257.0755 to 257.0768.
new text end

new text begin Subd. 2. new text end

new text begin Title IV-E reimbursement. new text end

new text begin The commissioner shall obtain federal title
IV-E financial participation for eligible activity by the ombudsperson for American
Indian families under section 3.9281. The ombudsperson for families shall maintain and
transmit to the Department of Human Services documentation that is necessary in order
to obtain federal funds.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This article is effective October 30, 2015.
new text end