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Minnesota Legislature

Office of the Revisor of Statutes

SF 2833

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

Current Version - 2nd Engrossment

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A bill for an act
relating to human services; modifying certain requirements for child care
programs; changing certain in-service training requirements; requiring early
childhood development training; changing certain first aid training requirements;
allowing the use of mesh sided playpens or cribs under certain circumstances;
regulating crib safety standards; providing for the responsible agency for
assessing or investigating reports of maltreatment; regulating medical assistance
managed care; enacting a runaway and homeless youth act; establishing the
Ramsey County child care pilot project; providing an exception for notification
of a variance or set-aside; amending Minnesota Statutes 2004, sections 119B.03,
subdivision 4; 245A.023; 245A.14, by adding a subdivision; 256B.692,
subdivision 6; 626.556, subdivision 3c; Minnesota Statutes 2005 Supplement,
sections 119B.125, subdivision 2; 245A.14, subdivision 12; 245A.146,
subdivisions 3, 4; 245C.22, subdivision 7; 245C.24, subdivision 2; 245C.301;
Laws 2005, First Special Session chapter 4, article 8, section 84; proposing
coding for new law in Minnesota Statutes, chapter 256K.

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

Section 1. new text beginCOMMISSIONER OF HUMAN
SERVICES
new text end

new text begin BASIC SLIDING FEE ALLOCATIONS;
CONVERSION TO AUTOMATED
SYSTEM.
As determined by the
commissioner, counties may use up to six
percent of either calendar year 2008 or 2009
allocations under Minnesota Statutes, section
119B.03, to fund accelerated payments that
may occur during the preceding calendar
year during conversion to the automated
child care assistance program system. If
conversion occurs over two calendar years,
counties may use up to three percent of the
combined calendar year allocations to fund
accelerated payments. Funding advanced
under this paragraph shall be considered part
of the allocation from which it was originally
advanced for purposes of setting future
allocations under Minnesota Statutes, section
119B.03, subdivisions 6, 6a, 6b, and 8, and
shall include funding for administrative costs
under Minnesota Statutes, section 119B.15.
Notwithstanding the provisions of any
law to the contrary, this paragraph sunsets
December 31, 2009.
new text end

new text begin CHILD CARE AND DEVELOPMENT
FUND; FEDERAL DEFICIT
REDUCTION ACT OF 2005.
Increased
child care funds from the federal Deficit
Reduction Act of 2005 may be allocated by
the commissioner for the basic sliding fee
child care program.
new text end

Sec. 2.

Minnesota Statutes 2004, section 119B.03, subdivision 4, is amended to read:


Subd. 4.

Funding priority.

(a) First priority for child care assistance under the
basic sliding fee program must be given to eligible non-MFIP families who do not have a
high school or general equivalency diploma or who need remedial and basic skill courses
in order to pursue employment or to pursue education leading to employment and who
need child care assistance to participate in the education program. Within this priority,
the following subpriorities must be used:

(1) child care needs of minor parents;

(2) child care needs of parents under 21 years of age; and

(3) child care needs of other parents within the priority group described in this
paragraph.

(b) Second priority must be given to parents who have completed their MFIP or
DWP transition year, or parents who are no longer receiving or eligible for diversionary
work program supports.

(c) Third priority must be given to families who are eligible for portable basic sliding
fee assistance through the portability pool under subdivision 9.

new text begin (d) Fourth priority must be given to families in which at least one parent is a veteran
as defined under section 197.447.
new text end

deleted text begin (d)deleted text endnew text begin (e) new text end Families under paragraph (b) must be added to the basic sliding fee waiting
list on the date they begin the transition year under section 119B.011, subdivision 20, and
must be moved into the basic sliding fee program as soon as possible after they complete
their transition year.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 119B.125, subdivision 2, is
amended to read:


Subd. 2.

Persons who cannot be authorized.

(a) A person who meets any of the
conditions under paragraphs (b) to (n) must not be authorized as a legal nonlicensed
family child care provider. To determine whether any of the listed conditions exist,
the county must request information about the provider from the Bureau of Criminal
Apprehension, the juvenile courts, and social service agencies. When one of the listed
entities does not maintain information on a statewide basis, the county must contact the
entity in the county where the provider resides and any other county in which the provider
previously resided in the past year. For purposes of this subdivision, a finding that a
delinquency petition is proven in juvenile court must be considered a conviction in state
district court. If a county has determined that a provider is able to be authorized in that
county, and a family in another county later selects that provider, the provider is able to
be authorized in the second county without undergoing a new background investigation
unless one of the following conditions exists:

(1) two years have passed since the first authorization;

(2) another person age 13 or older has joined the provider's household since the
last authorization;

(3) a current household member has turned 13 since the last authorization; or

(4) there is reason to believe that a household member has a factor that prevents
authorization.

(b) The person has been convicted of one of the following offenses or has admitted to
committing or a preponderance of the evidence indicates that the person has committed an
act that meets the definition of one of the following offenses: sections 609.185 to 609.195,
murder in the first, second, or third degree; 609.2661 to 609.2663, murder of an unborn
child in the first, second, or third degree; 609.322, solicitation, inducement, promotion
of prostitution, or receiving profit from prostitution; 609.342 to 609.345, criminal sexual
conduct in the first, second, third, or fourth degree; 609.352, solicitation of children to
engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment of a
child; 617.246, use of minors in sexual performance; 617.247, possession of pictorial
representation of a minor; 609.2242 to 609.2243, felony domestic assault; a felony offense
of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime
against children; or an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where the elements are
substantially similar to any of the offenses listed in this paragraph.

(c) Less than 15 years have passed since the discharge of the sentence imposed for
the offense and the person has received a felony conviction for one of the following
offenses, or the person has admitted to committing or a preponderance of the evidence
indicates that the person has committed an act that meets the definition of a felony
conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter in
the first or second degree; 609.21, criminal vehicular homicide; 609.215, aiding suicide
or aiding attempted suicide; 609.221 to 609.2231, assault in the first, second, third, or
fourth degree; 609.224, repeat offenses of fifth degree assault; 609.228, great bodily
harm caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable adult;
609.2335, financial exploitation of a vulnerable adult; 609.235, use of drugs to injure or
facilitate a crime; 609.24, simple robbery; 617.241, repeat offenses of obscene materials
and performances; 609.245, aggravated robbery; 609.25, kidnapping; 609.255, false
imprisonment; 609.2664 to 609.2665, manslaughter of an unborn child in the first or
second degree; 609.267 to 609.2672, assault of an unborn child in the first, second, or third
degree; 609.268, injury or death of an unborn child in the commission of a crime; 609.27,
coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other prohibited acts, minor
engaged in prostitution; 609.3451, repeat offenses of criminal sexual conduct in the fifth
degree; 609.378, neglect or endangerment of a child; 609.52, theft; 609.521, possession of
shoplifting gear; 609.561 to 609.563, arson in the first, second, or third degree; 609.582,
burglary in the first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63,
forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining signature
by false pretenses; 609.66, dangerous weapon; 609.665, setting a spring gun; 609.67,
unlawfully owning, possessing, or operating a machine gun; 609.687, adulteration; 609.71,
riot; 609.713, terrorist threats; 609.749, harassment, stalking; 260C.301, termination of
parental rights; 152.021 to 152.022 and 152.0262, controlled substance crime in the first
or second degree; 152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2,
clause (4), controlled substance crime in third degree; 152.024, subdivision 1, clause
(2), (3), or (4), controlled substance crime in fourth degree; 617.23, repeat offenses of
indecent exposure; an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where the elements are
substantially similar to any of the offenses listed in this paragraph.

(d) Less than ten years have passed since the discharge of the sentence imposed for
the offense and the person has received a gross misdemeanor conviction for one of the
following offenses or the person has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that meets the definition of a gross
misdemeanor conviction for one of the following offenses: sections 609.224, fifth degree
assault; 609.2242 to 609.2243, domestic assault; 518B.01, subdivision 14, violation of
an order for protection; 609.3451, fifth degree criminal sexual conduct; 609.746, repeat
offenses of interference with privacy; 617.23, repeat offenses of indecent exposure;
617.241, obscene materials and performances; 617.243, indecent literature, distribution;
617.293, disseminating or displaying harmful material to minors; 609.71, riot; 609.66,
dangerous weapons; 609.749, harassment, stalking; 609.224, subdivision 2, paragraph
(c), fifth degree assault against a vulnerable adult by a caregiver; 609.23, mistreatment
of persons confined; 609.231, mistreatment of residents or patients; 609.2325, criminal
abuse of a vulnerable adult; 609.2335, financial exploitation of a vulnerable adult;
609.233, criminal neglect of a vulnerable adult; 609.234, failure to report maltreatment of
a vulnerable adult; 609.72, subdivision 3, disorderly conduct against a vulnerable adult;
609.265, abduction; 609.378, neglect or endangerment of a child; 609.377, malicious
punishment of a child; 609.324, subdivision 1a, other prohibited acts, minor engaged
in prostitution; 609.33, disorderly house; 609.52, theft; 609.582, burglary in the first,
second, third, or fourth degree; 609.631, check forgery, offering a forged check; 609.275,
attempt to coerce; an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where the elements are
substantially similar to any of the offenses listed in this paragraph.

(e) Less than seven years have passed since the discharge of the sentence imposed
for the offense and the person has received a misdemeanor conviction for one of the
following offenses or the person has admitted to committing or a preponderance of
the evidence indicates that the person has committed an act that meets the definition
of a misdemeanor conviction for one of the following offenses: sections 609.224, fifth
degree assault; 609.2242, domestic assault; 518B.01, violation of an order for protection;
609.3232, violation of an order for protection; 609.746, interference with privacy; 609.79,
obscene or harassing telephone calls; 609.795, letter, telegram, or package opening,
harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child, third degree;
617.293, dissemination and display of harmful materials to minors; 609.66, dangerous
weapons; 609.665, spring guns; an attempt or conspiracy to commit any of these offenses
as defined in Minnesota Statutes; or an offense in any other state or country where the
elements are substantially similar to any of the offenses listed in this paragraph.

(f) The person has been identified by the child protection agency in the county
where the provider resides or a county where the provider has resided or by the statewide
child protection database as deleted text beginthe person allegedlydeleted text endnew text begin a person found by a preponderance of
evidence under section 626.556 to be
new text end responsible for physical or sexual abuse of a child
within the last seven years.

(g) The person has been identified by the adult protection agency in the county
where the provider resides or a county where the provider has resided or by the statewide
adult protection database as the person responsible for abuse or neglect of a vulnerable
adult within the last seven years.

(h) The person has refused to give written consent for disclosure of criminal history
records.

(i) The person has been denied a family child care license or has received a fine or a
sanction as a licensed child care provider that has not been reversed on appeal.

(j) The person has a family child care licensing disqualification that has not been
set aside.

(k) The person has admitted or a county has found that there is a preponderance of
evidence that fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for payment.

(l) The person has been convicted of the crime of theft by wrongfully obtaining
public assistance.

(m) The person has a household member age 13 or older who has access to children
during the hours that care is provided and who meets one of the conditions listed in
paragraphs (b) to (l).

(n) The person has a household member ages ten to 12 who has access to children
during the hours that care is provided; information or circumstances exist which provide
the county with articulable suspicion that further pertinent information may exist showing
the household member meets one of the conditions listed in paragraphs (b) to (l); and the
household member actually meets one of the conditions listed in paragraphs (b) to (l).

Sec. 4.

Minnesota Statutes 2004, section 245A.023, is amended to read:


245A.023 IN-SERVICE TRAINING.

new text begin (a) new text endFor purposes of child care centers, in-service training must be completed within
the license period for which it is required. In-service training completed by staff persons
as required must be transferable upon a staff person's change in employment to another
child care program. License holders shall record all staff in-service training on forms
prescribed by the commissioner of human services.

new text begin (b) For purposes of family and group family child care, the license holder and each
primary caregiver must complete eight hours of training each year. For purposes of this
section, a primary caregiver is an adult caregiver who provides services in the licensed
setting more than 30 days in any 12-month period.
new text end

Sec. 5.

Minnesota Statutes 2004, section 245A.14, is amended by adding a subdivision
to read:


new text begin Subd. 9a. new text end

new text begin Early childhood development training. new text end

new text begin (a) For purposes of child
care centers, the director and all staff hired after July 1, 2006, shall complete and
document at least two hours of early childhood development training within the first year
of employment. Training completed under this subdivision may be used to meet the
requirements of Minnesota Rules, part 9503.0035, subparts 1 and 4.
new text end

new text begin (b) For purposes of family and group family child care, the license holder and
each adult caregiver who provides care in the licensed setting more than 30 days in any
12-month period shall complete and document at least two hours of early childhood
development training within the first year of licensure or employment. Training completed
under this subdivision may be used to meet the requirements of Minnesota Rules, part
9502.0385, subparts 2 and 3.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), individuals are exempt from this
requirement if they:
new text end

new text begin (1) have taken a three-credit course on early childhood development within the
past five years;
new text end

new text begin (2) have received a baccalaureate or masters degree in early childhood education or
school age child care within the past five years;
new text end

new text begin (3) are licensed in Minnesota as a prekindergarten teacher, an early childhood
educator, a kindergarten to sixth grade teacher with a prekindergarten specialty, an
early childhood special education teacher, or an elementary teacher with a kindergarten
endorsement; or
new text end

new text begin (4) have received a baccalaureate degree with a Montessori certificate within the
past five years.
new text end

Sec. 6.

Minnesota Statutes 2005 Supplement, section 245A.14, subdivision 12, is
amended to read:


Subd. 12.

First aid training requirements.

new text begin (a) new text enddeleted text beginNotwithstanding Minnesota Rules,
part 9503.0035, subpart 2,
deleted text end When children are present in a family child care home governed
by Minnesota Rules, parts 9502.0315 to 9502.0445, deleted text beginor a child care center governed by
Minnesota Rules, parts 9503.0005 to 9503.0170,
deleted text end at least one staff person must be present
in thedeleted text begin center ordeleted text end home who has been trained in first aid. The first aid training must have
been provided by an individual approved to provide first aid instruction. First aid training
may be less than eight hours and persons qualified to provide first aid training shall include
individuals approved as first aid instructors.

new text begin (b) All teachers and assistant teachers in a child care center governed by Minnesota
Rules, parts 9503.0005 to 9503.0170, and at least one staff person during field trips and
when transporting children in care must satisfactorily complete first aid training within 90
days of the start of work, unless the training has been completed within the previous three
years. The first aid training must be repeated at least every three years; documented in the
person's personnel record and indicated on the center's staffing chart; and provided by an
individual approved as a first aid instructor. This training may be less than eight hours.
new text end

Sec. 7.

Minnesota Statutes 2005 Supplement, section 245A.146, subdivision 3, is
amended to read:


Subd. 3.

License holder documentation of cribs.

(a) Annually, from the date
printed on the license, all license holders shall check all their cribs' brand names and
model numbers against the United States Consumer Product Safety Commission Web
site listing of unsafe cribs.

(b) The license holder shall maintain written documentation to be reviewed on site
for each crib showing that the review required in paragraph (a) has been completed, and
which of the following conditions applies:

(1) the crib was not identified as unsafe on the United States Consumer Product
Safety Commission Web site;

(2) the crib was identified as unsafe on the United States Consumer Product Safety
Commission Web site, but the license holder has taken the action directed by the United
States Consumer Product Safety Commission to make the crib safe; or

(3) the crib was identified as unsafe on the United States Consumer Product Safety
Commission Web site, and the license holder has removed the crib so that it is no longer
used by or accessible to children in care.

(c) Documentation of the review completed under this subdivision shall be
maintained by the license holder on site and made available to parents of children in
care and the commissioner.

new text begin (d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider
that complies with this section may use a mesh sided playpen or crib that has not been
identified as unsafe on the United States Consumer Product Safety Commission Web site
for the care or sleeping of infants.
new text end

Sec. 8.

Minnesota Statutes 2005 Supplement, section 245A.146, subdivision 4, is
amended to read:


Subd. 4.

Crib safety standards and inspection.

(a) On at least a monthly basis, the
license holder shall perform safety inspections of every crib used by or that is accessible
to any child in care, and must document the following:

(1) no corner posts extend more than 1/16 of an inch;

(2) no spaces between side slats exceed 2.375 inches;

(3) no mattress supports can be easily dislodged from any point of the crib;

(4) no cutout designs are present on end panels;

(5) no heights of the rail and end panel are less than 26 inches when measured from
the top of the rail or panel in the highest position to the top of the mattress support in
its lowest position;

(6) no heights of the rail and end panel are less than nine inches when measured
from the top of the rail or panel in its lowest position to the top of the mattress support in
its highest position;

(7) no screws, bolts, or hardware are loose or not secured, and there is no use
of woodscrews in components that are designed to be assembled and disassembled by
the crib owner;

(8) no sharp edges, points, or rough surfaces are present;

(9) no wood surfaces are rough, splintered, split, or cracked;

(10) no tears in mesh of fabric sides in non-full-size cribs;

(11) no mattress pads in non-full-size mesh or fabric cribs exceed one inch; and

(12) no new text beginunacceptable new text endgaps between the mattress and any sides of the crib are presentnew text begin
as follows:
new text end

new text begin (i) when the noncompressed mattress is centered in the non-full-size crib, at any of
the adjustable mattress support positions, the gap between the perimeter of the mattress
and the perimeter of the crib cannot be greater than one-half inch at any point. When the
mattress is placed against the perimeter of the crib, the resulting gap cannot be greater
that one inch at any point; and
new text end

new text begin (ii) when the noncompressed mattress is centered in the full-size crib, at any of
the adjustable mattress support positions, the gap between the perimeter of the mattress
and the perimeter of the crib cannot be greater than 11/16 inch at any point. When the
mattress is placed against the perimeter of the crib, the resulting gap cannot be greater
than 1-3/8 inch at any point
new text end.

(b) Upon discovery of any unsafe condition identified by the license holder during
the safety inspection required under paragraph (a), the license holder shall immediately
remove the crib from use and ensure that the crib is not accessible to children in care, and
as soon as practicable, but not more than two business days after the inspection, remove
the crib from the area where child care services are routinely provided for necessary
repairs or to destroy the crib.

(c) Documentation of the inspections and actions taken with unsafe cribs required in
paragraphs (a) and (b) shall be maintained on site by the license holder and made available
to parents of children in care and the commissioner.

Sec. 9.

Minnesota Statutes 2005 Supplement, section 245C.22, subdivision 7, is
amended to read:


Subd. 7.

Classification of certain data.

(a) Notwithstanding section 13.46, upon
setting aside a disqualification under this section, the identity of the disqualified individual
who received the setnew text begin-new text endaside and the individual's disqualifying characteristics are public
data if the setnew text begin-new text endaside was:

(1) for any disqualifying characteristic under section 245C.15, when the setnew text begin-new text endaside
relates to a child care center or a family child care provider licensed under chapter 245A; or

(2) for a disqualifying characteristic under section 245C.15, subdivision 2.

(b) Notwithstanding section 13.46, upon granting a variance to a license holder
under section 245C.30, the identity of the disqualified individual who is the subject of
the variance, the individual's disqualifying characteristics under section 245C.15, and the
terms of the variance are public data, when the variance:

(1) is issued to a child care center or a family child care provider licensed under
chapter 245A; or

(2) relates to an individual with a disqualifying characteristic under section 245C.15,
subdivision 2
.

(c) The identity of a disqualified individual and the reason for disqualification
remain private data when:

(1) a disqualification is not set aside and no variance is granted;

(2) the data are not public under paragraph (a) or (b);

(3) the disqualification is rescinded because the information relied upon to disqualify
the individual is incorrect; or

(4) the disqualification relates to a license to provide relative child foster care.
As used in this clause, "relative" has the meaning given it under section 260C.007,
subdivision 27
.

(d) Licensed family deleted text begindaydeleted text endnew text begin childnew text end care providers and child care centers must deleted text beginnotify
parents considering enrollment of a child or parents of a child attending the family day
care or child care center if the program employs or has living in the home any individual
who is the subject of either a set aside or variance
deleted text endnew text begin provide notices as required under
section 245C.301
new text end.

new text begin (e) Notwithstanding paragraphs (a) and (b), the identity of household members who
are the subject of a disqualification related set-aside or variance is not public data if:
new text end

new text begin (1) the household member resides in the residence where the family child care is
provided;
new text end

new text begin (2) the subject of the set-aside or variance is under the age of 18 years; and
new text end

new text begin (3) the set-aside or variance only relate to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.
new text end

Sec. 10.

Minnesota Statutes 2005 Supplement, section 245C.24, subdivision 2, is
amended to read:


Subd. 2.

Permanent bar to set aside a disqualification.

new text begin(a) Except as provided in
paragraph (b),
new text endthe commissioner may not set aside the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed, if the
individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.

new text begin (b) For an individual in the chemical dependency field who was disqualified for a
crime or conduct listed under section 245C.15, subdivision 1, and whose disqualification
was set aside prior to July 1, 2005, the commissioner must consider granting a variance
pursuant to section 245C.30 for the license holder for a program dealing primarily with
adults. A request for reconsideration evaluated under this paragraph must include a
letter of recommendation from the license holder that was subject to the prior set-aside
decision addressing the individual's quality of care to children or vulnerable adults and the
circumstances of the individual's departure from that service.
new text end

Sec. 11.

Minnesota Statutes 2005 Supplement, section 245C.301, is amended to read:


245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE.

deleted text begin Licenseddeleted text endnew text begin (a) Except as provided under paragraph (b),new text end family child care providers and
child care centers must provide a written notification to parents considering enrollment
of a child or parents of a child attending the family child care or child care center if the
program employs or has living in the home any individual who is the subject of either a
set-aside or variance.

new text begin (b) Notwithstanding paragraph (a), family child care license holders are not required
to disclose that the program has an individual living in the home who is the subject of a
set-aside or variance if:
new text end

new text begin (1) the household member resides in the residence where the family child care is
provided;
new text end

new text begin (2) the subject of the set-aside or variance is under the age of 18 years; and
new text end

new text begin (3) the set-aside or variance relate to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor level theft crime as defined in section 609.52.
new text end

Sec. 12.

Minnesota Statutes 2004, section 256B.692, subdivision 6, is amended to read:


Subd. 6.

Commissioner's authority.

The commissioner may:

(1) reject any preliminary or final proposal thatnew text begin:new text end

new text begin (a) new text endsubstantially fails to meet the requirements of this section, or

new text begin (b) new text endthat the commissioner determines would substantially impair the state's ability to
purchase health care services in other areas of the state, or

new text begin (c) new text endwould substantially impair an enrollee's choice of care systems when reasonable
choice is possible, or

new text begin (d) new text endwould substantially impair the implementation and operation of the Minnesota
senior health options demonstration project authorized under section 256B.69, subdivision
23
; and

(2) assume operation of a county's purchasing of health care for enrollees in medical
assistance and general assistance medical care in the event that the contract with the
county is terminated.

Sec. 13.

new text begin [256K.60] RUNAWAY AND HOMELESS YOUTH ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Commissioner" means the commissioner of human services.
new text end

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

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

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

new text begin (3) transitional housing;
new text end

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

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

new text begin Homeless youth does not include persons incarcerated or otherwise detained under
federal or state law.
new text end

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

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

new text begin Subd. 2. new text end

new text begin Homeless and runaway youth report. new text end

new text begin The commissioner shall develop a
report for homeless youth, youth at risk of homelessness, and runaways. The report shall
include coordination of services as defined under subdivisions 3 to 5.
new text end

new text begin Subd. 3. new text end

new text begin Street and community outreach and drop-in program. new text end

new text begin Youth drop-in
centers must provide walk-in access to crisis intervention and ongoing supportive services
including one-to-one case management services on a self-referral basis. Street and
community outreach programs must locate, contact, and provide information, referrals,
and services to homeless youth, youth at risk of homelessness, and runaways. Information,
referrals, and services provided may include, but are not limited to:
new text end

new text begin (1) family reunification services;
new text end

new text begin (2) conflict resolution or mediation counseling;
new text end

new text begin (3) assistance in obtaining temporary emergency shelter;
new text end

new text begin (4) assistance in obtaining food, clothing, medical care, or mental health counseling;
new text end

new text begin (5) counseling regarding violence, prostitution, substance abuse, sexually transmitted
diseases, and pregnancy;
new text end

new text begin (6) referrals to other agencies that provide support services to homeless youth,
youth at risk of homelessness, and runaways;
new text end

new text begin (7) assistance with education, employment, and independent living skills;
new text end

new text begin (8) aftercare services;
new text end

new text begin (9) specialized services for highly vulnerable runaways and homeless youth,
including teen parents, emotionally disturbed and mentally ill youth, and sexually
exploited youth; and
new text end

new text begin (10) homelessness prevention.
new text end

new text begin Subd. 4. new text end

new text begin Emergency shelter program. new text end

new text begin (a) Emergency shelter programs must
provide homeless youth and runaways with referral and walk-in access to emergency,
short-term residential care. The program shall provide homeless youth and runaways with
safe, dignified shelter, including private shower facilities, beds, and at least one meal each
day; and shall assist a runaway with reunification with the family or legal guardian when
required or appropriate.
new text end

new text begin (b) The services provided at emergency shelters may include, but are not limited to:
new text end

new text begin (1) family reunification services;
new text end

new text begin (2) individual, family, and group counseling;
new text end

new text begin (3) assistance obtaining clothing;
new text end

new text begin (4) access to medical and dental care and mental health counseling;
new text end

new text begin (5) education and employment services;
new text end

new text begin (6) recreational activities;
new text end

new text begin (7) advocacy and referral services;
new text end

new text begin (8) independent living skills training;
new text end

new text begin (9) aftercare and follow-up services;
new text end

new text begin (10) transportation; and
new text end

new text begin (11) homelessness prevention.
new text end

new text begin Subd. 5. new text end

new text begin Supportive housing and transitional living programs. new text end

new text begin Transitional
living programs must help homeless youth and youth at risk of homelessness to find and
maintain safe, dignified housing. The program may also provide rental assistance and
related supportive services, or refer youth to other organizations or agencies that provide
such services. Services provided may include, but are not limited to:
new text end

new text begin (1) educational assessment and referrals to educational programs;
new text end

new text begin (2) career planning, employment, work skill training, and independent living skills
training;
new text end

new text begin (3) job placement;
new text end

new text begin (4) budgeting and money management;
new text end

new text begin (5) assistance in securing housing appropriate to needs and income;
new text end

new text begin (6) counseling regarding violence, prostitution, substance abuse, sexually transmitted
diseases, and pregnancy;
new text end

new text begin (7) referral for medical services or chemical dependency treatment;
new text end

new text begin (8) parenting skills;
new text end

new text begin (9) self-sufficiency support services or life skill training;
new text end

new text begin (10) aftercare and follow-up services; and
new text end

new text begin (11) homelessness prevention.
new text end

Sec. 14.

Minnesota Statutes 2004, section 626.556, subdivision 3c, is amended to read:


Subd. 3c.

deleted text beginAgencydeleted text end new text begin Local welfare agency, Department of Human Services
or Department of Health
new text end responsible for assessing or investigating reports of
maltreatment.

deleted text begin The following agencies are the administrative agencies responsible for
assessing or investigating reports of alleged child maltreatment in facilities made under
this section:
deleted text end

deleted text begin (1)deleted text end new text begin(a) new text endThe county local welfare agency is the agency responsible for assessing or
investigating allegations of maltreatment in child foster care, family child care, and legally
unlicensed child care and in juvenile correctional facilities licensed under section 241.021
located in the local welfare agency's countydeleted text begin;deleted text endnew text begin.
new text end

deleted text begin (2)deleted text end new text begin(b) new text endThe Department of Human Services is the agency responsible for assessing
or investigating allegations of maltreatment in facilities licensed under chapters 245A and
245B, except for child foster care and family child caredeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3)deleted text end new text begin(c) new text endThe Department of Health is the agency responsible for assessing or
investigating allegations of child maltreatment in facilities licensed under sections 144.50
to 144.58, and in unlicensed home health care.

new text begin (d) The commissioners of human services, public safety, and education must
jointly submit a written report by January 15, 2007, to the education policy and finance
committees of the legislature recommending the most efficient and effective allocation
of agency responsibility for assessing or investigating reports of maltreatment and must
specifically address allegations of maltreatment that currently are not the responsibility
of a designated agency.
new text end

Sec. 15.

Laws 2005, First Special Session chapter 4, article 8, section 84, is amended
to read:


Sec. 84. SOLE-SOURCE OR SINGLE-PLAN MANAGED CARE
CONTRACT.

Notwithstanding Minnesota Statutes, section 256B.692, subdivision 6, new text beginclause (1),
paragraph (c),
new text endthe commissioner of human services shall deleted text beginnot rejectdeleted text end new text beginapprove new text enda county-based
purchasing health plan proposalnew text begin, submitted on behalf of Cass, Crow Wing, Morrison,
Todd, and Wadena Counties,
new text end that requires county-based purchasing on a deleted text beginsole-source
or
deleted text end single-plan basis new text begincontract new text endif the implementation of the deleted text beginsole-source ordeleted text end single-plan
purchasing proposal does not limit an enrollee's provider choice or access to servicesnew text begin and
all other requirements applicable to health plan purchasing are satisfied
new text end. deleted text beginThe commissioner
shall request federal approval, if necessary, to permit or maintain a sole-source or
single-plan purchasing option even if choice is available in the area.
deleted text endnew text begin The commissioner
shall continue single health plan purchasing arrangements with county-based purchasing
entities in the service areas in existence on May 1, 2006, including arrangements for which
a proposal was submitted by May 1, 2006, on behalf of Cass, Crow Wing, Morrison, Todd,
and Wadena Counties, in response to a request for proposals issued by the commissioner.
new text end

new text begin The commissioner shall consider, and may approve, contracting on a single-health
plan basis with county-based purchasing plans, or with other qualified health plans
that have coordination arrangements with counties, to serve persons with a disability
who voluntarily enroll, in order to promote better coordination or integration of health
care services, social services and other community-based services, provided that all
requirements applicable to health plan purchasing, including those in Minnesota Statutes,
section 256B.69, subdivision 23, are satisfied. By January 15, 2007, the commissioner
shall report to the chairs of the appropriate legislative committees in the house and senate
an analysis of the advantages and disadvantages of using single-health plan purchasing
to serve persons with a disability who are eligible for health care programs. The report
shall include consideration of the impact of federal health care programs and policies for
persons who are eligible for both federal and state health care programs and shall consider
strategies to improve coordination between federal and state health care programs for
those persons.
new text end

Sec. 16. new text beginRAMSEY COUNTY CHILD CARE PILOT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization for pilot project. new text end

new text begin The commissioner of human
services shall approve a pilot project in Ramsey County that will help teen parents remain
in school and complete the student's education while providing child care assistance for
the student's child. The pilot project shall increase coordination between services from
the Minnesota family investment program, the child care assistance program, and area
public schools with the goal of removing barriers that prevent teen parents from pursuing
educational goals.
new text end

new text begin Subd. 2. new text end

new text begin Program design and implementation. new text end

new text begin The Ramsey County child care
pilot project shall be established to improve the coordination of services to teen parents.
The pilot project shall:
new text end

new text begin (1) provide a streamlined process for sharing information between the Minnesota
family investment program under Minnesota Statutes, chapter 256J, the child care
assistance program under Minnesota Statutes, chapter 119B, and public schools in
Ramsey County;
new text end

new text begin (2) determine eligibility for child care assistance using the teen parent's eligibility
for reduced-cost or free school lunches in place of income verification; and
new text end

new text begin (3) waive the child care parent fee under Minnesota Statutes, section 119B.12,
subdivision 2, for teen parents whose income is below poverty level and whose children
attend school-based child care centers.
new text end

new text begin Subd. 3. new text end

new text begin Costs. new text end

new text begin Increased costs incurred under this section shall not increase the
basic sliding fee appropriation and shall not affect funds available for distribution under
Minnesota Statutes, sections 119B.06 and 119B.08.
new text end