Minnesota Legislature
SF 2641
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/24/2016 08:23am
Current Version - 1st Engrossment
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A bill for an act
relating to human services; modifying the basic monthly rate for Northstar Care
for Children; requiring the commissioner to investigate deaths of a child in
foster care; appropriating money; amending Minnesota Statutes 2014, sections
256N.26, subdivisions 3, 5; 256N.28, subdivision 7; 626.556, subdivision 10f;
Minnesota Statutes 2015 Supplement, section 626.556, subdivisions 3c, 10b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 256N.26, subdivision 3, is amended to read:
Subd. 3.
Basic monthly rate.
From deleted text begin January 1, 2015deleted text end new text begin July 1, 2016new text end , to June 30, deleted text begin 2016deleted text end new text begin
2017new text end , the basic monthly rate must be according to the following schedule:
| Ages 0-5 |
deleted text begin $565deleted text end new text begin $680 new text end per month |
|
| Ages 6-12 |
deleted text begin $670deleted text end new text begin $805 new text end per month |
|
| Ages 13 and older |
deleted text begin $790deleted text end new text begin $950 new text end per month |
Sec. 2.
Minnesota Statutes 2014, section 256N.26, subdivision 5, is amended to read:
Subd. 5.
new text begin Discontinuation of new text end alternate rates for preschool entry and certain
transitioned children.
new text begin Effective July 1, 2016, new text end a child who entered the Northstar kinship
assistance or adoption assistance components of Northstar Care for Children while under
the age of six deleted text begin shall receivedeleted text end new text begin and who received new text end 50 percent of the amount the child would
otherwise be entitled to under subdivisions 3 and 4new text begin shall receive the full amount under
subdivisions 3 and 4new text end . deleted text begin The commissioner may also use the 50 percent ratedeleted text end For a child who
was transitioned into deleted text begin those components through declaration of the commissioner under
section 256N.28, subdivision 7deleted text end new text begin the Northstar kinship assistance or adoption assistance
components of Northstar Care for Children through declaration of the commissioner, the
alternative rates under section 256N.28, subdivision 7, must end July 1, 2016new text end .
Sec. 3.
Minnesota Statutes 2014, section 256N.28, subdivision 7, is amended to read:
Subd. 7.
Transitions from pre-Northstar Care for Children programs.
(a) A child
in foster care who remains with the same caregiver shall continue to receive benefits under
the pre-Northstar Care for Children foster care program under section 256.82. Transitions
to Northstar Care for Children must occur as provided in section 256N.21, subdivision 6.
(b) The commissioner may seek to transition into Northstar Care for Children a child
who is in pre-Northstar Care for Children relative custody assistance under section 257.85
or pre-Northstar Care for Children adoption assistance under chapter 259A, in accordance
with these priorities, in order of priority:
(1) financial and budgetary constraints;
(2) complying with federal regulations;
(3) converting pre-Northstar Care for Children relative custody assistance under
section 257.85 to the Northstar kinship assistance component of Northstar Care for
Children;
(4) improving permanency for a child or children;
(5) maintaining permanency for a child or children;
(6) accessing additional federal funds; and
(7) administrative simplification.
(c) Transitions shall be accomplished according to procedures, deadlines, and
requirements specified by the commissioner under subdivision 2.
(d) The commissioner may accomplish a transition of a child from pre-Northstar
Care for Children relative custody assistance under section 257.85 to the Northstar kinship
assistance component of Northstar Care for Children by declaration and appropriate notice
to the caregiver, provided that the benefit for a child under this paragraph is not reduced.
(e) The commissioner may offer a transition of a child from pre-Northstar Care for
Children adoption assistance under chapter 259A to the adoption assistance component
of Northstar Care for Children by contacting the caregiver with an offer. The transition
must be accomplished only when the caregiver agrees to the offer. The caregiver shall
have a maximum of 90 days to review and accept the commissioner's offer. If the
commissioner's offer is not accepted within 90 days, the pre-Northstar Care for Children
adoption assistance agreement remains in effect until it terminates or a subsequent offer is
made by the commissioner.
(f) For a child transitioning into Northstar Care for Children, the commissioner shall
assign an equivalent assessment level based on the most recently completed supplemental
difficulty of care level assessment, unless the commissioner determines that arranging
for a new assessment under section 256N.24 would be more appropriate based on the
priorities specified in paragraph (b).
(g) For a child transitioning into Northstar Care for Children, regardless of the age
of the child, the commissioner shall use the rates under deleted text begin section 256N.26, subdivision 5,
unless the rates underdeleted text end section 256N.26, subdivisions 3 and 4deleted text begin , are more appropriate based
on the priorities specified in paragraph (b), as determined by the commissionerdeleted text end .
Sec. 4.
Minnesota Statutes 2015 Supplement, section 626.556, subdivision 3c, is
amended to read:
Subd. 3c.
Local welfare agency, Department of Human Services or Department
of Health responsible for assessing or investigating reports of maltreatmentnew text begin or deathnew text end .
(a) new text begin Except as provided in paragraph (b), new text end the county local welfare agency is the agency
responsible for assessing or investigating allegations of maltreatment in child foster carenew text begin
that do not involve the death of a foster childnew text end , family child care, legally unlicensed
child care, juvenile correctional facilities licensed under section 241.021 located in the
local welfare agency's county, and reports involving children served by an unlicensed
personal care provider organization under section 256B.0659. Copies of findings related
to personal care provider organizations under section 256B.0659 must be forwarded to
the Department of Human Services provider enrollment.
(b) The Department of Human Services is the agency responsible for assessing or
investigating allegations of maltreatment innew text begin :
new text end
new text begin (1) new text end facilities licensed under chapters 245A and 245D, except deleted text begin fordeleted text end new text begin in new text end child foster care
and family child carenew text begin homes that are monitored by county agencies according to section
245A.16, subdivision 1;
new text end
new text begin
(2) child foster care homes that are monitored by private agencies that have been
licensed by the commissioner to perform licensing functions and activities according to
section 245A.16, subdivision 1; and
new text end
new text begin (3) child foster care and family child care homes that are monitored by county
agencies according to section 245A.16, subdivision 1, upon agreement by the county and
Department of Human Services for a specific casenew text end .
(c) new text begin The Department of Human Services is responsible for investigating the death
of a child placed in a foster care program.
new text end
new text begin (d) new text end The Department of Health is the agency responsible for assessing or investigating
allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58deleted text begin
and 144A.46deleted text end .
Sec. 5.
Minnesota Statutes 2015 Supplement, section 626.556, subdivision 10b,
is amended to read:
Subd. 10b.
Duties of commissioner; neglect deleted text begin ordeleted text end new text begin , new text end abusenew text begin , or death new text end in new text begin a new text end facility.
(a)
This section applies to the commissioners of human services, health, and education. The
commissioner of the agency responsible for assessing or investigating the report shall
immediately assess or investigate if the report alleges that:
(1) a child who is in the care of a facility as defined in subdivision 2 is neglected,
physically abused, sexually abused, or is the victim of maltreatment in a facility by an
individual in that facility, or has been so neglected or abused, or been the victim of
maltreatment in a facility by an individual in that facility within the three years preceding
the report; or
(2) a child was neglected, physically abused, sexually abused, or is the victim of
maltreatment in a facility by an individual in a facility defined in subdivision 2, while in
the care of that facility within the three years preceding the report.
The commissioner of the agency responsible for assessing or investigating the
report shall arrange for the transmittal to the commissioner of reports received by local
agencies and may delegate to a local welfare agency the duty to investigate reports. In
conducting an investigation under this section, the commissioner has the powers and
duties specified for local welfare agencies under this section. The commissioner of the
agency responsible for assessing or investigating the report or local welfare agency may
interview any children who are or have been in the care of a facility under investigation
and their parents, guardians, or legal custodians.
(b) Prior to any interview, the commissioner of the agency responsible for assessing
or investigating the report or local welfare agency shall notify the parent, guardian, or legal
custodian of a child who will be interviewed in the manner provided for in subdivision
10d, paragraph (a). If reasonable efforts to reach the parent, guardian, or legal custodian
of a child in an out-of-home placement have failed, the child may be interviewed if there
is reason to believe the interview is necessary to protect the child or other children in the
facility. The commissioner of the agency responsible for assessing or investigating the
report or local agency must provide the information required in this subdivision to the
parent, guardian, or legal custodian of a child interviewed without parental notification
as soon as possible after the interview. When the investigation is completed, any parent,
guardian, or legal custodian notified under this subdivision shall receive the written
memorandum provided for in subdivision 10d, paragraph (c).
(c) In conducting investigations under this subdivision the commissioner or local
welfare agency shall obtain access to information consistent with subdivision 10,
paragraphs (h), (i), and (j). In conducting assessments or investigations under this
subdivision, the commissioner of education shall obtain access to reports and investigative
data that are relevant to a report of maltreatment and are in the possession of a school
facility as defined in subdivision 2, paragraph (c), notwithstanding the classification of the
data as educational or personnel data under chapter 13. This includes, but is not limited
to, school investigative reports, information concerning the conduct of school personnel
alleged to have committed maltreatment of students, information about witnesses, and any
protective or corrective action taken by the school facility regarding the school personnel
alleged to have committed maltreatment.
(d) The commissioner may request assistance from the local social services agency.
new text begin
(e) The commissioner of human services shall investigate every incident involving
the death of a child during placement in a child foster care home licensed under chapter
245A and Minnesota Rules, chapter 2960. The investigation, notifications, and data
classifications are governed by this section, even if abuse or neglect is not alleged or
determined in the report.
new text end
Sec. 6.
Minnesota Statutes 2014, section 626.556, subdivision 10f, is amended to read:
Subd. 10f.
Notice of determinations.
Within ten working days of the conclusion
of a family assessment, the local welfare agency shall notify the parent or guardian of
the child of the need for services to address child safety concerns or significant risk of
subsequent child maltreatment. The local welfare agency and the family may also jointly
agree that family support and family preservation services are needed. Within ten working
days of the conclusion of an investigation, the local welfare agency or agency responsible
for investigating the report shall notify the parent or guardian of the child, the person
determined to be maltreating the child, and, if applicable, the director of the facility, of
the determination and a summary of the specific reasons for the determination. When the
investigation involves a child foster care setting that is monitored by a private licensing
agency under section 245A.16, the deleted text begin local welfare agency responsible for investigating the
reportdeleted text end new text begin Department of Human Services new text end shall notify the private licensing agency of the
determination and shall provide a summary of the specific reasons for the determination.
The notice to the private licensing agency must include identifying private data, but not the
identity of the reporter of maltreatment. The notice must also include a certification that the
information collection procedures under subdivision 10, paragraphs (h), (i), and (j), were
followed and a notice of the right of a data subject to obtain access to other private data
on the subject collected, created, or maintained under this section. In addition, the notice
shall include the length of time that the records will be kept under subdivision 11c. The
investigating agency shall notify the parent or guardian of the child who is the subject of
the report, and any person or facility determined to have maltreated a child, of their appeal
or review rights under this section. The notice must also state that a finding of maltreatment
may result in denial of a license application or background study disqualification under
chapter 245C related to employment or services that are licensed by the Department of
Human Services under chapter 245A, the Department of Health under chapter 144 or
144A, the Department of Corrections under section 241.021, and from providing services
related to an unlicensed personal care provider organization under chapter 256B.
Sec. 7. new text begin CHILD CARE IS AN ALLOWABLE SERVICE FOR PURPOSES OF
CHILD PROTECTION.
new text end
new text begin
The commissioner shall change the brass code related to allowable child protection
services to include child care.
new text end
Sec. 8. new text begin CHILD CARE PILOT PROGRAM FOR FAMILIES IN CHILD
WELFARE SYSTEM MODELED AFTER HENNEPIN COUNTY EARLY
CHILDHOOD INITIATIVES PILOT.
new text end
new text begin
The commissioner shall develop a pilot program, modeled after the early childhood
initiatives child care pilot in Hennepin County, for families in the child welfare system.
Funds for the pilot must be used to pay child care expenses in high quality child care
settings for at risk children ages zero to five years, to help prevent child abuse and neglect.
The commissioner shall determine the number of counties participating in the pilot, which
must represent urban, suburban, and outstate communities, and compare outcomes in a
report to the legislature, due December 15, 2018.
new text end
Sec. 9. new text begin REVIEW OF RULE 4 CHILD FOSTER CARE PRIVATE AGENCIES.
new text end
new text begin
The commissioner of human services shall convene a working group to review the
impact of removing the licensing responsibilities from private agencies, and replacing
those duties with responsibilities to provide technical assistance for prospective foster care
providers, care coordination for children in foster care, and training support for foster
parents. The commissioner shall submit a report to the 2017 legislative committees with
jurisdiction over foster care issues by January 15, 2017, with language and an analysis of
costs associated with these changes.
new text end
Sec. 10. new text begin APPROPRIATION.
new text end
new text begin
$....... is appropriated from the general fund to the commissioner of human services
for purposes of the child care pilot program for families in the child welfare system in
section 8.
new text end
Sec. 11. new text begin APPROPRIATION FOR PARENT SUPPORT OUTREACH PROGRAM.
new text end
new text begin
$....... is appropriated from the general fund to the commissioner of human services
to expand the parent support outreach program, which provides early intervention,
outreach, and supportive services to families identified through child maltreatment reports
that are "screened out" from further child protection action because the reported child
maltreatment does not reach the legal standard of abuse or neglect, however, there may be
factors that put the children at potential risk. The parent support outreach program helps
these children and their families to prevent future incidents of child maltreatment.
new text end