SF 207

as introduced - 89th Legislature (2015 - 2016) Posted on 02/06/2015 11:51am

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

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

Section 1.

new text begin [477A.0126] REIMBURSEMENT OF COUNTY FOR CERTAIN
OUT-OF-HOME PLACEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin When used in this section, "out-of-home placement"
means the placement of a child in a child caring institution or shelter in a group home, in
family foster care or foster residence setting, or a correctional facility pursuant to a court
order under which a county social services agency or a county correctional agency has been
assigned responsibility for the placement pursuant to the Indian Child Welfare Act (ICWA).
new text end

new text begin Subd. 2. new text end

new text begin Determination of nonfederal share of costs. new text end

new text begin (a) By January 1, 2016, each
county shall report the following information to the commissioner of human services:
(1) the separate amounts paid out of its social service agency budget for out-of-home
placement of children under the ICWA in calendar years 2012, 2013, and 2014; and (2)
the number of case days associated with the expenditures from each budget. By March 15,
2016, the commissioner of human services shall certify to the commissioner of revenue
and to the legislative committees responsible for local government aids and out-of-home
placement funding, whether the data reported under this subdivision accurately reflects total
expenditures by counties for out-of-home placement costs of children under the ICWA.
new text end

new text begin (b) By January 1, 2018, and each January 1 thereafter, each county shall report to the
commissioner of human services the separate amounts paid out of its social service agency
budget for out-of-home placement of children under the ICWA in the calendar years two
years before the current calendar year along with the number of case days associated
with the expenditures from each budget.
new text end

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

new text begin Subd. 3. new text end

new text begin Aid payments. new text end

new text begin For aids payable in calendar year 2017 and thereafter, the
commissioner of revenue shall reimburse each county for 100 percent of the nonfederal
share of the cost of out-of-home placement of children under the ICWA provided the
commissioner of human services certifies to the commissioner of revenue that accurate
data is available to make the aid determination under this section. The amount of
reimbursement is the county's average nonfederal share of the cost for out-of-home
placement of children under the ICWA for the most recent three calendar years for which
data is available. The commissioner shall pay the aid under the schedule used for local
government aid payments under section 477A.015.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with aids payable in 2017.
new text end