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SF 2687

as introduced - 86th Legislature (2009 - 2010) Posted on 02/16/2010 03:04pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; creating the Protecting Children and Strengthening
Families Act; requiring a report; appropriating money; proposing coding for new
law as Minnesota Statutes, chapter 256N.

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

ARTICLE 1

PROTECTING CHILDREN AND STRENGTHENING FAMILIES ACT

Section 1.

new text begin [256N.01] CITATION.
new text end

new text begin Sections 256N.01 to 256N.09 may be cited as the "Protecting Children and
Strengthening Families Act," hereafter the "act." This act defines public child welfare
policy, sets state priorities, creates accountability mechanisms for achieving improved
outcomes for children and families, and establishes a fund to begin to address the safety,
permanency, and well-being needs of children and adolescents who come to the attention
of the county as a result of a report of child maltreatment pursuant to section 626.556 or
are otherwise the responsibility of the county.
new text end

Sec. 2.

new text begin [256N.02] PUBLIC POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin The legislature hereby declares that the public policy
of the state is:
new text end

new text begin (1) first and foremost, children should be safe from harm and protected from abuse
and neglect;
new text end

new text begin (2) children should be maintained safely in their homes whenever possible and
appropriate;
new text end

new text begin (3) when the ability of parents to keep their children safe is compromised it is in
the public interest to intervene early and provide services that promote parents' protective
capacities, mitigate risks of harm, and strengthen and support parents in their care giving
roles;
new text end

new text begin (4) children should grow up in safe, permanent and nurturing homes and, when it is
not possible for their parents to provide safety and permanency, alternative permanency
options must be made available to children as quickly as possible;
new text end

new text begin (5) whenever possible, alternative permanency options should be with children's
relatives or kin in order to maintain family relationships and preserve connections with
their communities and culture; and
new text end

new text begin (6) once permanency is achieved, children and their families should receive the
services and supports necessary to maintain safe, stable, and permanent homes.
new text end

new text begin Subd. 2. new text end

new text begin Racial disparities in child welfare. new text end

new text begin It is further the policy of the state to
reduce racial disparities and disproportionality that exists in the child welfare system by:
new text end

new text begin (1) identifying and addressing structural factors contributing to inequities in
outcomes;
new text end

new text begin (2) identifying and implementing promising and evidence-based strategies to reduce
racial disparities in treatment and outcomes;
new text end

new text begin (3) using cultural values, beliefs, and practices of families, communities, and tribes
to shape family assessment, case planning, case service design, and case decision-making
processes;
new text end

new text begin (4) using placement and reunification strategies that maintain, honor, and support
relationships and connections between parents, siblings, children, kin, and significant
others, giving priority to kinship placements when placement is necessary; and
new text end

new text begin (5) supporting families in the context of their communities and tribes so as to safely
divert them away from the child welfare system, whenever possible.
new text end

Sec. 3.

new text begin [256N.03] PUBLIC PRIORITIES.
new text end

new text begin A broad continuum of services and a reform of practice are necessary across
Minnesota to keep children safe from abuse and neglect, prevent the trauma associated
with removing a child from the child's family home, and provide families with the
necessary supports and services to protect and nurture the families' children. Successful
implementation of state policy must result in improved outcomes for children and families
and must be measured by:
new text end

new text begin (1) improved timeliness to initial investigations;
new text end

new text begin (2) increased monthly caseworker visits with children in out-of-home placement;
new text end

new text begin (3) reduced out-of-home placements;
new text end

new text begin (4) reduced reentry;
new text end

new text begin (5) reduced recidivism;
new text end

new text begin (6) reduced number of children aging out of foster care without achieving
permanency;
new text end

new text begin (7) improved rate of relative care;
new text end

new text begin (8) improved stability in foster care; and
new text end

new text begin (9) reduced racial and ethnic disparities and disproportionality.
new text end

Sec. 4.

new text begin [256N.04] 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 256N.01 to 256N.09, the terms
defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Adoptive care. new text end

new text begin "Adoptive care" means care to an adopted special needs
child under section 259.67.
new text end

new text begin Subd. 3. new text end

new text begin Adult community services. new text end

new text begin (a) "Adult community services" means
services provided or arranged for by county boards for adults who experience dependency,
abuse, neglect, poverty, disability, chronic health conditions, or other factors, including
ethnicity and race, that may result in poor outcomes or disparities, as well as services
for family members to support those individuals. These services may be provided
by professionals or nonprofessionals, including the person's natural supports in the
community.
new text end

new text begin (b) Adult community services does not include:
new text end

new text begin (1) services for children under subdivision 5;
new text end

new text begin (2) services under public assistance programs including the Minnesota family
investment program, Minnesota supplemental aid, medical assistance, general assistance
medical care, or MinnesotaCare; or
new text end

new text begin (3) community health services.
new text end

new text begin Subd. 4. new text end

new text begin Child protection investigation. new text end

new text begin "Child protection investigation" means
fact gathering by the child welfare agency related to the current safety of the child and the
risk of subsequent maltreatment that determines whether child maltreatment occurred and
whether child protective services are needed.
new text end

new text begin Subd. 5. new text end

new text begin Children's services. new text end

new text begin "Children's services" means services provided or
arranged for by county boards for infants, children, and adolescents and may include,
but are not limited to: child protection investigation, family assessment response,
family-based crisis services, family foster care, family preservation services, foster care,
independent living services, permanency services, postpermanency support services,
reunification services, subsidized guardianship, and support for at-risk families.
new text end

new text begin Subd. 6. new text end

new text begin Children's mental health services. new text end

new text begin "Children's mental health services"
means services to children under sections 245.487 to 245.4889.
new text end

new text begin Subd. 7. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human
services or the commissioner's designee.
new text end

new text begin Subd. 8. new text end

new text begin County board. new text end

new text begin "County board" means the board of county commissioners
in each county.
new text end

new text begin Subd. 9. new text end

new text begin Family assessment response. new text end

new text begin "Family assessment response" means a
comprehensive assessment of child safety, risk of subsequent maltreatment, and family
strengths and needs that is applied to a child maltreatment report that does not allege
substantial child endangerment. Family assessment response includes assessing the need
for services and may include the provision of time-limited services.
new text end

new text begin Subd. 10. new text end

new text begin Family-based crisis services. new text end

new text begin "Family-based crisis services" means
services provided to a family in the home, within 24 hours of referral, to help the family
resolve a relationship crisis to prevent placing a child outside of the home.
new text end

new text begin Subd. 11. new text end

new text begin Foster care. new text end

new text begin "Foster care" means 24-hour substitute care in a family home
or facility licensed under Minnesota Rules, chapter 2960, for children placed away from
their parents or guardian and for whom a responsible social services agency has placement
and care responsibility pursuant to a court order or voluntary placement agreement. Foster
care includes an emergency placement of a child in the home of a relative who has not yet
completed the licensure process. Services are provided to children who are in immediate
need of out of home placement until a plan of care is established.
new text end

new text begin Subd. 12. new text end

new text begin Family preservation services. new text end

new text begin "Family preservation services" means
services designed to maintain children in the home or in an outside setting, if needed to
help the family resolve personal, family, or situational problems. These services are
provided to prevent placement of a child outside of the home or so that a child can be
returned home from placement.
new text end

new text begin Subd. 13. new text end

new text begin Guardianship assistance. new text end

new text begin "Guardianship assistance" means financial
support to relatives who accept permanent and legal custody of a related child as a result
of a permanency proceeding under section 260C.317.
new text end

new text begin Subd. 14. new text end

new text begin Human services board. new text end

new text begin "Human services board" means a board
established under section 402.02; Laws 1974, chapter 293; or Laws 1976, chapter 340.
new text end

new text begin Subd. 15. new text end

new text begin Independent living services. new text end

new text begin "Independent living services" means
individual or group services designed to assist youth, ages 14 through 20, who are in
out-of-home placement, to prepare them for independent living. Eligible youth can
receive services until their 21st birthday. Services include an independent living skills
assessment and the development of an independent living plan by a case manager.
Services may include training in daily living skills, service coordination, educational and
career assistance, driver's education or transportation use, and the funding of activities
that promote self-reliance and self-esteem.
new text end

new text begin Subd. 16. new text end

new text begin Permanency services. new text end

new text begin "Permanency services" means services designed
to plan for and finalize a safe and legally permanent alternative home for the child within
the timelines of section 260C.201, subdivision 11, when a child cannot return to the parent
or guardian from whom they were removed. It also includes considering other permanent
alternative homes for a child, preferably through adoption or transfer of permanent legal
and physical custody of the child. Concurrent permanency planning and family group
decision-making are included as permanency services.
new text end

new text begin Subd. 17. new text end

new text begin Postpermanency support services. new text end

new text begin "Postpermanency support services"
means services designed to improve the likelihood that a child who has been in
out-of-home placement will be able to remain in their permanency situation, whether that
is reunification with their families, transfer of permanent legal and physical custody to a
relative, or in a finalized adoption.
new text end

new text begin Subd. 18. new text end

new text begin Reunification services. new text end

new text begin "Reunification services" means services,
including family group decision-making, provided to a child and their legal caregiver to
facilitate the safe return of the child to the home. Specific services are provided by the
local agency with legal responsibility pursuant to a court order or voluntary placement
agreement, and are in the out-of-home placement plan.
new text end

new text begin Subd. 19. new text end

new text begin Services for at-risk families. new text end

new text begin "Services for at-risk families" means
voluntary services that are designed to reduce the likelihood of any future maltreatment
for families who have a maltreatment report that is not accepted under section 626.556,
are self referred or referred by a community provider, or who are on the Minnesota family
investment program under chapter 256J.
new text end

Sec. 5.

new text begin [256N.05] USE OF FUNDS.
new text end

new text begin Funds under this act may be used to provide children's services under this act, or
other services needed based on an individualized assessment of the child and family,
including appropriate children's mental health services, or adult community services. Each
county board must spend a minimum of 55 percent of the county board's allocation on
children's services. The commissioner shall work with counties to develop proposed
priorities for the use of these funds, and submit the proposals to the chairs and ranking
minority members of the legislative committees with jurisdiction over children's mental
health services no later than January 15, 2011.
new text end

Sec. 6.

new text begin [256N.06] DUTIES OF COMMISSIONER OF HUMAN SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin General supervision. new text end

new text begin In order to achieve the goals of this act,
the commissioner shall allocate funds, provide assistance, evaluate the performance of
counties, and ensure accountability for achieving improved outcomes for children and
families.
new text end

new text begin Subd. 2. new text end

new text begin Allocation of funds. new text end

new text begin Each year the commissioner shall allocate available
funds to each county with an approved plan according to section 256N.07 and meeting the
requirements under this act. Funds must be allocated according to section 256N.08.
new text end

new text begin Subd. 3. new text end

new text begin Assistance. new text end

new text begin The commissioner shall:
new text end

new text begin (1) provide training, technical assistance, and other supports to each county to
assist in needs assessment, planning, monitoring of outcomes and service quality, and
implementation of program improvement plans;
new text end

new text begin (2) request waivers from federal programs as necessary to implement this act; and
new text end

new text begin (3) have authority under sections 14.055 and 14.056 to grant a variance to existing
state rules as needed to eliminate barriers to achieving desired outcomes.
new text end

new text begin Subd. 4. new text end

new text begin Accountability. new text end

new text begin (a) The commissioner shall maintain a quality assurance
system that measures county performance on federal and state outcome measures and
performance items regarding child safety, permanency, and well being and determine the
status of the public priorities identified in 256N.03. Performance measures may include:
new text end

new text begin (1) timeliness to initial investigation;
new text end

new text begin (2) monthly caseworker visits with children in out-of-home placement;
new text end

new text begin (3) rate of entry into foster care;
new text end

new text begin (4) rate of reentry;
new text end

new text begin (5) rate of recidivism;
new text end

new text begin (6) number of children aging out of foster care without achieving permanency;
new text end

new text begin (7) rate of relative care;
new text end

new text begin (8) foster care stability; and
new text end

new text begin (9) other federal or state performance measures.
new text end

new text begin Performance measures may be modified by the federal Department of Health and
Human Services or the commissioner. The quality assurance system must support
and measure continuous quality improvement and work with counties to develop and
implement program improvement plans in any areas in which the county is not in
substantial conformity with federal and state performance standards.
new text end

new text begin (b) The commissioner shall:
new text end

new text begin (1) use data collection, evaluation of outcomes, and the review and approval of
county plans to supervise county performance in the delivery of services to children
and families;
new text end

new text begin (2) specify requirements for reports, including fiscal reports to account for funds
distributed; and
new text end

new text begin (3) adjust allocations to a county based on the commissioner's determination
regarding county performance under this act.
new text end

new text begin (c) The following steps must be taken when the commissioner has determined that a
county has failed to meet performance standards and address the priorities under this act,
or failed to develop and implement a program improvement plan:
new text end

new text begin (1) the commissioner shall notify the county, by mail, of the standards which the
county has not achieved;
new text end

new text begin (2) the county has 60 days from notification to develop a program improvement plan
and submit it to the commissioner for approval; and
new text end

new text begin (3) if the county fails to demonstrate achievement or fails to implement a program
improvement plan approved by the commissioner, the commissioner may withhold the
county's share of state or federal funds under this act. The commissioner may withhold
future allocations until the county has achieved the standards applicable to the program
or has developed and implemented a program improvement plan. If a county does not
achieve standards to develop and implement a program improvement plan for more than
six consecutive months, the commissioner may reallocate the withheld funds to counties
that have achieved standards or are working to achieve them.
new text end

Sec. 7.

new text begin [256N.07] PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Plan submitted to commissioner. new text end

new text begin Effective January 1, 2011, and
each two-year period thereafter, each county shall have a biennial plan approved by the
commissioner that addresses the public policy and priorities of this act in order to receive
funds. The plan may be combined with other plans required by the commissioner and
counties may submit multicounty or regional plans.
new text end

new text begin Subd. 2. new text end

new text begin Contents. new text end

new text begin The plan must be completed in a form prescribed by the
commissioner. The plan must include:
new text end

new text begin (1) strategies the county must implement to keep children safe in their own homes
and support families in the context of their communities and tribes so as to safely divert
them away from the child welfare system, whenever possible;
new text end

new text begin (2) strategies the county must engage in to address each of the public priorities
identified in section 256N.03;
new text end

new text begin (3) strategies that the county must engage in to maintain connections between family
members and significant others, giving priority to kinship placements, when placement is
necessary;
new text end

new text begin (4) strategies that address disparities in out-of-home placement for African-American
and American Indian children in their county and other populations of children
disproportionately represented, and when placement is necessary the strategies that must
be employed to maintain children's familial and cultural connections;
new text end

new text begin (5) performance targets on state and federal indicators measuring outcomes of child
safety, permanency, and well-being;
new text end

new text begin (6) strategies the county must implement to achieve the performance targets,
including specification of how funds under this section and other community resources
must be used to achieve desired performance targets;
new text end

new text begin (7) the dollar amounts and brief description of children's mental health and adult
community services, if any, the county intends to fund under this chapter; and
new text end

new text begin (8) a description of the county's process to solicit public input and a summary of
that input.
new text end

new text begin Subd. 3. new text end

new text begin Timelines. new text end

new text begin The preliminary plan must be submitted to the commissioner
by October 15, 2010, and October 15 every two years thereafter.
new text end

new text begin Subd. 4. new text end

new text begin Public comment. new text end

new text begin The county board shall determine how citizens in the
county will participate in the development of the plan and provide opportunities for
such participation. The county shall allow a period of no less than 30 days prior to the
submission of the plan to the commissioner to solicit comments from the public on the
contents of the plan.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner's responsibilities. new text end

new text begin The commissioner shall, within 60
days of receiving each county plan, inform the county if the plan has been approved.
If the plan is not approved, the commissioner shall inform the county of any revisions
needed for approval.
new text end

Sec. 8.

new text begin [256N.08] GRANT ALLOCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Determination. new text end

new text begin The commissioner shall annually determine whether
a county has met the requirements under this act. In making this determination, the
commissioner shall consider factors addressed by the county in its plan under section
256N.07, whether the county fully participated in the state quality assurance process, and
actual county performance on measures of child safety, permanency, and well-being. The
commissioner shall continue to measure and monitor performance, and counties shall
continue to develop and employ appropriate strategies and procedures to continuously
improve services and outcomes. Performance standards for these measures must be
determined by the commissioner in consultation with counties, and must include those
prescribed by the federal Department of Human Services and those unique to the state.
new text end

new text begin Subd. 2. new text end

new text begin Grant formula. new text end

new text begin (a) For calendar year 2011, counties shall receive the
same allocation as was received the previous year under chapter 256M proportionately to
state Children and Community Services Act and federal Title XX funds. Allocations must
be comprised of both state appropriations under this act and federal Title XX funds, except
for federal Title XX funds allocated for administrative purposes and migrant day care.
Beginning with calendar year 2012, the amount of money allocated to counties must first
be allocated in amounts equal to each county's guaranteed floor according to subdivision 3
provided they meet the requirements under subdivision 1. The commissioner shall work
with counties to develop a proposed allocation process for remaining funds, and submit this
to the chairs and ranking minority members of the legislative committees with jurisdiction
over children's mental health no later than January 15, 2011. The allocation process must
include factors of need and performance, together with appropriate phase-in provisions.
new text end

new text begin Subd. 3. new text end

new text begin Guaranteed floor. new text end

new text begin The guaranteed floor portion of funds must be 25
percent of the total allocation. Each county must be allocated a guaranteed floor based on
the population of the county under age 19 years as compared to the state as a whole as
determined by the most recent data from the state demographer's office. When the amount
of funds available for allocation is less than the amount available in the previous year,
each county's allocation must be reduced in proportion to the reduction in the statewide
funding, to establish each county's guaranteed floor.
new text end

new text begin Subd. 4. new text end

new text begin Payments. new text end

new text begin Calendar year state allocations under this section must be paid
to counties on or before July 10 of each year. Federal Title XX funds must be allocated as
permissible under federal law and regulations.
new text end

Sec. 9.

new text begin [256N.09] DUTIES OF COUNTY BOARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Responsibilities. new text end

new text begin The county or human services board of each county
are responsible for administration and funding of children's services and other services
funded under this chapter in order to achieve the public policy and priorities identified in
sections 256N.02 and 256N.03. The county board shall use funds under this act to support
the strategies identified in its plan under section 256N.07.
new text end

new text begin Subd. 2. new text end

new text begin Reports. new text end

new text begin The county shall provide necessary reports and data as required
by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Exemption from liability. new text end

new text begin The state of Minnesota and the county in
the implementation and administration of services under this act must not be liable
for damages, injuries, or liabilities sustained through the purchase of services by the
individual, the individual's family, or the authorized representative under this section.
new text end

new text begin Subd. 4. new text end

new text begin Fees for services. new text end

new text begin The county may establish a schedule of fees based upon
the clients' ability to pay to be charged to recipients of children's services or other services
funded under this chapter. Payment, in whole or in part, for services may be accepted
from any person except that no fee may be charged to persons or families whose adjusted
gross household income is below the federal poverty level. When services are provided
to any person, including a recipient of aid administered by the federal, state, or county
government, payment of any charges due may be billed to and accepted from a public
assistance agency or from any public or private corporation.
new text end

new text begin Subd. 5. new text end

new text begin Denial, reduction, or termination of services due to fiscal limitations.
new text end

new text begin Before a county denies, reduces, or terminates services to an individual, the county shall
notify the individual and the individual's guardian in writing of the reason for the denial,
reduction, or termination of services and their right to a fair hearing under section 256.045
and that the county will, upon request, meet to discuss alternatives before services are
terminated or reduced.
new text end

Sec. 10. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall renumber section 256M.20, subdivision 3, as 256.01, subdivision
29, paragraph (a), and section 256M.20, subdivision 4, as section 256.01, subdivision 29,
paragraph (b), and correct any internal cross-references resulting from this renumbering.
The revisor shall make any necessary technical, grammatical, or punctuation changes
to accomplish this renumbering.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective January 1, 2011.
new text end

ARTICLE 2

MISCELLANEOUS

Section 1. new text begin RATE SETTING.
new text end

new text begin Effective July 1, 2011, relative custody assistance and adoption assistance payment
rates shall be equal to the foster care maintenance and difficulty of care rate for the child.
new text end

Sec. 2. new text begin POSTADOPTION SERVICES; APPROPRIATION.
new text end

new text begin $3,000,000 in fiscal year 2011 and $3,000,000 in fiscal year 2012 are appropriated
from the general fund to the commissioner of human services to fund postadoption support
services under Minnesota Statutes, section 259.85.
new text end

Sec. 3. new text begin RUNAWAY AND HOMELESS YOUTH; APPROPRIATION.
new text end

new text begin $4,000,000 in fiscal year 2011 and $4,000,000 in fiscal year 2012 are appropriated
from the general fund to the commissioner of human services for the Runaway and
Homeless Youth Act under Minnesota Statutes, section 256K.45.
new text end