relating to human services; making changes to children and family services
technical and policy provisions; Minnesota family investment program and adult
supports; early childhood development; child welfare;amending Minnesota
Statutes 2008, sections 119B.189, by adding subdivisions; 119B.19, subdivision
7; 119B.21, as amended; 245A.04, subdivision 11; 256.01, subdivision 18, by
adding a subdivision; 256.046, subdivision 1; 256.82, subdivision 3; 256.98,
subdivision 8; 256J.24, subdivisions 3, 5a, 10; 256J.37, subdivision 3a; 256J.425,
subdivision 5; 260C.007, subdivision 4; 260C.193, subdivision 6; 260C.201,
subdivision 10; 260C.451; 626.556, subdivision 10; Minnesota Statutes 2009
Supplement, sections 256D.44, subdivision 3; 256J.24, subdivision 5; 256J.425,
subdivision 2; 256J.521, subdivision 2; 256J.561, subdivision 3; 256J.66,
subdivision 1; 256J.95, subdivisions 3, 11; 260.012; 260C.212, subdivision 7;
repealing Minnesota Statutes 2008, section 256.82, subdivision 5; Minnesota
Rules, part 9560.0660.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2008, section 256.01, subdivision 18, is amended to read:
Subd. 18. Immigration status verifications.
(a) Notwithstanding any waiver of
this requirement by the secretary of the United States Department of Health and Human
Services, effective July 1, 2001, the commissioner shall utilize the Systematic Alien
Verification for Entitlements (SAVE) program to conduct immigration status verifications:
(1) as required under United States Code, title 8, section 1642;
(2) for all applicants for food assistance benefits, whether under the federal food
stamp program, the MFIP or work first program, or the Minnesota food assistance program;
(3) for all applicants for general assistance medical care, except assistance for an
emergency medical condition, for immunization with respect to an immunizable disease,
or for testing and treatment of symptoms of a communicable disease; and
(4) for all applicants for general assistance, Minnesota supplemental aid,
MinnesotaCare, or group residential housing, when the benefits provided by these
programs would fall under the definition of "federal public benefit" under United States
Code, title 8, section 1642, if federal funds were used to pay for all or part of the benefits.
(b) The commissioner shall comply with the reporting requirements under United
States Code, title 42, section 611a, and any federal regulation or guidance adopted under
2.11(c) Counties must verify that all applications for MFIP include verification of citizen
2.12eligibility status for both applicants and recipients.
Sec. 2. Minnesota Statutes 2008, section 256.046, subdivision 1, is amended to read:
Subdivision 1. Hearing authority.
A local agency must initiate an administrative
fraud disqualification hearing for individuals, including child care providers caring for
children receiving child care assistance, accused of wrongfully obtaining assistance or
intentional program violations, in lieu of a criminal action when it has not been pursued, in
aid to families with dependent children program formerly codified in sections
, and any affiliated program to include
the diversionary work program
2.20and the work participation cash benefit program
, child care assistance programs, general
assistance, family general assistance program formerly codified in section
, clause (15), Minnesota supplemental aid, food stamp programs, general
assistance medical care, MinnesotaCare for adults without children, and upon federal
approval, all categories of medical assistance and remaining categories of MinnesotaCare
except for children through age 18. The Department of Human Services, in lieu of a local
agency, may initiate an administrative fraud disqualification hearing when the state agency
is directly responsible for administration or investigation of the program for which benefits
were wrongfully obtained. The hearing is subject to the requirements of section
and the requirements in Code of Federal Regulations, title 7, section
Sec. 3. Minnesota Statutes 2008, section 256.98, subdivision 8, is amended to read:
Subd. 8. Disqualification from program.
(a) Any person found to be guilty of
wrongfully obtaining assistance by a federal or state court or by an administrative hearing
determination, or waiver thereof, through a disqualification consent agreement, or as part
of any approved diversion plan under section
, or any court-ordered stay which
carries with it any probationary or other conditions, in the Minnesota family investment
, and any affiliated program to include
the diversionary work program and the
3.3work participation cash benefit program
, the food stamp or food support program, the
general assistance program, the group residential housing program, or the Minnesota
supplemental aid program shall be disqualified from that program. In addition, any person
disqualified from the Minnesota family investment program shall also be disqualified from
the food stamp or food support program. The needs of that individual shall not be taken
into consideration in determining the grant level for that assistance unit:
(1) for one year after the first offense;
(2) for two years after the second offense; and
(3) permanently after the third or subsequent offense.
The period of program disqualification shall begin on the date stipulated on the
advance notice of disqualification without possibility of postponement for administrative
stay or administrative hearing and shall continue through completion unless and until the
findings upon which the sanctions were imposed are reversed by a court of competent
jurisdiction. The period for which sanctions are imposed is not subject to review. The
sanctions provided under this subdivision are in addition to, and not in substitution
for, any other sanctions that may be provided for by law for the offense involved. A
disqualification established through hearing or waiver shall result in the disqualification
period beginning immediately unless the person has become otherwise ineligible for
assistance. If the person is ineligible for assistance, the disqualification period begins
when the person again meets the eligibility criteria of the program from which they were
disqualified and makes application for that program.
(b) A family receiving assistance through child care assistance programs under
chapter 119B with a family member who is found to be guilty of wrongfully obtaining child
care assistance by a federal court, state court, or an administrative hearing determination
or waiver, through a disqualification consent agreement, as part of an approved diversion
plan under section
, or a court-ordered stay with probationary or other conditions,
is disqualified from child care assistance programs. The disqualifications must be for
periods of three months, six months, and two years for the first, second, and third offenses
respectively. Subsequent violations must result in permanent disqualification. During the
disqualification period, disqualification from any child care program must extend to all
child care programs and must be immediately applied.
(c) A provider caring for children receiving assistance through child care assistance
programs under chapter 119B is disqualified from receiving payment for child care
services from the child care assistance program under chapter 119B when the provider is
found to have wrongfully obtained child care assistance by a federal court, state court,
or an administrative hearing determination or waiver under section
a disqualification consent agreement, as part of an approved diversion plan under
, or a court-ordered stay with probationary or other conditions. The
disqualification must be for a period of one year for the first offense and two years for
the second offense. Any subsequent violation must result in permanent disqualification.
The disqualification period must be imposed immediately after a determination is made
under this paragraph. During the disqualification period, the provider is disqualified from
receiving payment from any child care program under chapter 119B.
(d) Any person found to be guilty of wrongfully obtaining general assistance
medical care, MinnesotaCare for adults without children, and upon federal approval, all
categories of medical assistance and remaining categories of MinnesotaCare, except
for children through age 18, by a federal or state court or by an administrative hearing
determination, or waiver thereof, through a disqualification consent agreement, or as part
of any approved diversion plan under section
, or any court-ordered stay which
carries with it any probationary or other conditions, is disqualified from that program. The
period of disqualification is one year after the first offense, two years after the second
offense, and permanently after the third or subsequent offense. The period of program
disqualification shall begin on the date stipulated on the advance notice of disqualification
without possibility of postponement for administrative stay or administrative hearing
and shall continue through completion unless and until the findings upon which the
sanctions were imposed are reversed by a court of competent jurisdiction. The period for
which sanctions are imposed is not subject to review. The sanctions provided under this
subdivision are in addition to, and not in substitution for, any other sanctions that may be
provided for by law for the offense involved.
Sec. 4. Minnesota Statutes 2009 Supplement, section 256D.44, subdivision 3, is
amended to read:
Subd. 3. Standard of assistance for basic needs.
Except as provided in subdivision
4, the monthly state standard of assistance for basic needs is as follows:
(a) If an applicant or recipient does not reside with another person or persons, the
state standard of assistance is $519.
(b) If an applicant married couple or recipient married couple who live together,
does not reside with others, the state standard of assistance is $778.
(c) If an applicant or recipient resides with another person or persons, the state
standard of assistance is $395.
(d) If an applicant married couple or recipient married couple who live together,
resides with others, the state standard of assistance is $519.
(e) Married couples, living together who do not reside with others and were
receiving MSA prior to January 1, 1994, and whose eligibility has not been terminated a
full calendar month, the state standard of assistance is $793.
(f) Married couples living together who reside with others and were receiving MSA
prior to January 1, 1994, and whose eligibility has not been terminated a full calendar
month, the state standard of assistance is $782.
(g) For an individual who (1) receives
Social Security insurance Supplemental
under federal living arrangement D or (2) is a resident of a licensed
residential facility and has unmet personal needs, the state standard of assistance is the
personal needs allowance for medical assistance recipients under section
Sec. 5. Minnesota Statutes 2008, section 256J.24, subdivision 3, is amended to read:
Subd. 3. Individuals who must be excluded from an assistance unit.
following individuals who are part of the assistance unit determined under subdivision 2
are ineligible to receive MFIP:
(1) individuals who are recipients of Supplemental Security Income or Minnesota
(2) individuals disqualified from the food stamp or food support program or MFIP,
until the disqualification ends;
(3) children on whose behalf federal, state or local foster care payments are made,
except as provided in sections
256J.13, subdivision 2
256J.74, subdivision 2
(4) children receiving ongoing monthly adoption assistance payments under section
5.25(5) individuals disqualified from the work participation cash benefit program until
5.26that disqualification ends.
(b) The exclusion of a person under this subdivision does not alter the mandatory
assistance unit composition.
Sec. 6. Minnesota Statutes 2009 Supplement, section 256J.24, subdivision 5, is
amended to read:
Subd. 5. MFIP transitional standard.
The MFIP transitional standard is based
on the number of persons in the assistance unit eligible for both food and cash assistance
unless the restrictions in subdivision 6 on the birth of a child apply. The following table
represents the transitional standards including a breakdown of the cash and food portions
|Number of Eligible People
|per additional member.
|The commissioner shall annually publish in the State Register the transitional
6.17 standard for an assistance unit sizes 1 to 10 including a breakdown of the cash and food
Sec. 7. Minnesota Statutes 2008, section 256J.24, subdivision 5a, is amended to read:
Subd. 5a. Food portion of MFIP transitional standard.
The commissioner shall
adjust the food portion of the MFIP transitional standard
by October 1 each year beginning
6.22 October 1998 as needed
adjustments to the
6.23Supplemental Nutrition Assistance
Program. The commissioner shall
in the State Register
the transitional standard including a breakdown of the cash and
for an assistance unit of sizes one to ten in the State Register whenever an
6.26adjustment is made
Sec. 8. Minnesota Statutes 2008, section 256J.24, subdivision 10, is amended to read:
Subd. 10. MFIP exit level.
The commissioner shall adjust the MFIP earned income
disregard to ensure that most participants do not lose eligibility for MFIP until their
income reaches at least 115 percent of the federal poverty guidelines
in effect in October
6.31 of each fiscal year at the time of the adjustment
. The adjustment to the disregard shall be
based on a household size of three, and the resulting earned income disregard percentage
must be applied to all household sizes. The adjustment under this subdivision must be
at the same time as the October food stamp or food support cost-of-living
6.35whenever a Supplemental Nutrition Assistance Program
adjustment is reflected in the food
portion of the
MFIP transitional standard as required under subdivision 5a.
Sec. 9. Minnesota Statutes 2008, section 256J.37, subdivision 3a, is amended to read:
Subd. 3a. Rental subsidies; unearned income.
(a) Effective July 1, 2003, the
county agency shall count $50 of the value of public and assisted rental subsidies provided
through the Department of Housing and Urban Development (HUD) as unearned income
to the cash portion of the MFIP grant. The full amount of the subsidy must be counted as
unearned income when the subsidy is less than $50. The income from this subsidy shall
be budgeted according to section
(b) The provisions of this subdivision shall not apply to an MFIP assistance unit
which includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury, or incapacity that has
been certified by a qualified professional when the illness, injury, or incapacity is
expected to continue for more than 30 days and
prevents the person from obtaining or
7.14 retaining employment; severely limits the person's ability to obtain or maintain suitable
(3) a caregiver whose presence in the home is required due to the illness or
incapacity of another member in the assistance unit, a relative in the household, or a foster
child in the household when the illness or incapacity and the need for the participant's
presence in the home has been certified by a qualified professional and is expected to
continue for more than 30 days.
(c) The provisions of this subdivision shall not apply to an MFIP assistance unit
where the parental caregiver is an SSI recipient.
(d) Prior to implementing this provision, the commissioner must identify the MFIP
participants subject to this provision and provide written notice to these participants at
least 30 days before the first grant reduction. The notice must inform the participant of the
basis for the potential grant reduction, the exceptions to the provision, if any, and inform
the participant of the steps necessary to claim an exception. A person who is found not to
meet one of the exceptions to the provision must be notified and informed of the right to a
fair hearing under section
. The notice must also inform the participant that the
participant may be eligible for a rent reduction resulting from a reduction in the MFIP
grant and encourage the participant to contact the local housing authority.
Sec. 10. Minnesota Statutes 2009 Supplement, section 256J.425, subdivision 2,
is amended to read:
Subd. 2. Ill or incapacitated.
(a) An assistance unit subject to the time limit in
256J.42, subdivision 1
, is eligible to receive months of assistance under a hardship
extension if the participant who reached the time limit belongs to any of the following
(1) participants who are suffering from an illness, injury, or incapacity which
has been certified by a qualified professional when the illness, injury, or incapacity is
expected to continue for more than 30 days and severely limits the person's ability to
obtain or maintain suitable employment. These participants must follow the treatment
recommendations of the qualified professional certifying the illness, injury, or incapacity;
(2) participants whose presence in the home is required as a caregiver because of
the illness, injury, or incapacity of another member in the assistance unit, a relative in the
household, or a foster child in the household when the illness or incapacity and the need
for a person to provide assistance in the home has been certified by a qualified professional
and is expected to continue for more than 30 days; or
(3) caregivers with a child or an adult in the household who meets the disability or
medical criteria for home care services under section
256B.0651, subdivision 1
(c), or a home and community-based waiver services program under chapter 256B, or
meets the criteria for severe emotional disturbance under section
, or for serious and persistent mental illness under section
245.462, subdivision 20
paragraph (c). Caregivers in this category are presumed to be prevented from obtaining or
retaining maintaining suitable
(b) An assistance unit receiving assistance under a hardship extension under this
subdivision may continue to receive assistance as long as the participant meets the criteria
in paragraph (a), clause (1), (2), or (3).
Sec. 11. Minnesota Statutes 2008, section 256J.425, subdivision 5, is amended to read:
Subd. 5. Accrual of certain exempt months.
who meet the criteria
8.25 in clause (1), (2), or (3) and
who are not eligible for assistance under a hardship extension
subdivision 2, paragraph (a), clause (3), this section
shall be eligible for a hardship
extension for a period of time equal to the number of months that were counted toward
60-month time limit while the participant was a caregiver with a child or an
adult in the household who meets the disability or medical criteria for home care services
256B.0651, subdivision 1
, paragraph (c), or a home and community-based
waiver services program under chapter 256B, or meets the criteria for severe emotional
disturbance under section
245.4871, subdivision 6
, or for serious and persistent mental
illness under section
245.462, subdivision 20
, paragraph (c), and
who was subject to the
requirements in section
256J.561, subdivision 2
(b) A participant who received
assistance that counted towards the
60-month time limit while the participant met the state time limit exemption
criteria under section
256J.42, subdivision 4
or 5, is eligible for assistance under a
hardship extension for a period of time equal to the number of months that were counted
60-month time limit while the participant met the state time limit
exemption criteria under section
256J.42, subdivision 4
(c) After the accrued months have been exhausted, the county agency must
determine if the assistance unit is eligible for an extension under another extension
category in subdivision 2, 3, or 4.
(d) At the time of the case review, a county agency must explain to the participant
the basis for receiving a hardship extension based on the accrual of exempt months.
The participant must provide documentation necessary to enable the county agency to
determine whether the participant is eligible to receive a hardship extension based on the
accrual of exempt months or authorize a county agency to verify the information.
(e) While receiving extended MFIP assistance under this subdivision, a participant is
subject to the MFIP policies that apply to participants during the first 60 months of MFIP,
unless the participant is a member of a two-parent family in which one parent is extended
under subdivision 3 or 4. For two-parent families in which one parent is extended under
subdivision 3 or 4, the sanction provisions in subdivision 6 shall apply.
Sec. 12. Minnesota Statutes 2009 Supplement, section 256J.521, subdivision 2,
is amended to read:
Subd. 2. Employment plan; contents.
(a) Based on the assessment under
subdivision 1, the job counselor and the participant must develop an employment plan
that includes participation in activities and hours that meet the requirements of section
9.25256J.55, subdivision 1
. The purpose of the employment plan is to identify for each
participant the most direct path to unsubsidized employment and any subsequent steps that
support long-term economic stability. The employment plan should be developed using
the highest level of activity appropriate for the participant. Activities must be chosen from
clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of
preference for activities, priority must be given for activities related to a family violence
waiver when developing the employment plan. The employment plan must also list the
specific steps the participant will take to obtain employment, including steps necessary
for the participant to progress from one level of activity to another, and a timetable for
completion of each step. Levels of activity include:
(1) unsubsidized employment;
(2) job search;
(3) subsidized employment or unpaid work experience;
(4) unsubsidized employment and job readiness education or job skills training;
(5) unsubsidized employment or unpaid work experience and activities related to
a family violence waiver or preemployment needs; and
(6) activities related to a family violence waiver or preemployment needs.
(b) Participants who are determined to possess sufficient skills such that the
participant is likely to succeed in obtaining unsubsidized employment must job search at
least 30 hours per week for up to six weeks and accept any offer of suitable employment.
The remaining hours necessary to meet the requirements of section
, may be met through participation in other work activities under section
. The participant's employment plan must specify, at a minimum: (1)
whether the job search is supervised or unsupervised; (2) support services that will
be provided; and (3) how frequently the participant must report to the job counselor.
Participants who are unable to find suitable employment after six weeks must meet
with the job counselor to determine whether other activities in paragraph (a) should be
incorporated into the employment plan. Job search activities which are continued after six
weeks must be structured and supervised.
(c) Participants who are determined to have barriers to obtaining or
employment that will not be overcome during six weeks of job search
under paragraph (b) must work with the job counselor to develop an employment plan that
addresses those barriers by incorporating appropriate activities from paragraph (a), clauses
(1) to (6). The employment plan must include enough hours to meet the participation
requirements in section
256J.55, subdivision 1
, unless a compelling reason to require
fewer hours is noted in the participant's file.
(d) The job counselor and the participant must sign the employment plan to indicate
agreement on the contents.
(e) Except as provided under paragraph (f), failure to develop or comply with
activities in the plan, or voluntarily quitting suitable employment without good cause, will
result in the imposition of a sanction under section
(f) When a participant fails to meet the agreed-upon hours of participation in paid
employment because the participant is not eligible for holiday pay and the participant's
place of employment is closed for a holiday, the job counselor shall not impose a sanction
or increase the hours of participation in any other activity, including paid employment, to
offset the hours that were missed due to the holiday.
(g) Employment plans must be reviewed at least every three months to determine
whether activities and hourly requirements should be revised. The job counselor is
encouraged to allow participants who are participating in at least 20 hours of work
activities to also participate in education and training activities in order to meet the federal
hourly participation rates.
Sec. 13. Minnesota Statutes 2009 Supplement, section 256J.561, subdivision 3,
is amended to read:
Subd. 3. Child under 12 months of age.
(a) A participant who has a natural born
child who is less than 12 months of age who meets the criteria in this subdivision is not
required to participate in employment services until the child reaches 12 months of age.
To be eligible for this
, the assistance unit must not have already
this provision or the previously allowed child under age one exemption. However,
11.13 an assistance unit that has an approved child under age one exemption at the time this
11.14 provision becomes effective may continue to use that exemption until the child reaches
11.15 one year of age a total of 12 months under the previously allowed "child under 12 weeks"
11.16or "child under age one" exemptions. The 12 months of exemption are available only
11.17once in a caregiver's lifetime. In a two-parent household, only one parent is allowed to
11.18claim this exemption in any one month
(b) The provision in paragraph (a) ends the first full month after the child reaches
12 months of age.
This provision is available only once in a caregiver's lifetime. In
11.21 a two-parent household, only one parent shall be allowed to use this provision.
and job counselor
within ten days after with an employment services
11.23job counselor the month after the month
the child reaches 12 months of age
to revise the
11.24 participant's employment plan
Sec. 14. Minnesota Statutes 2009 Supplement, section 256J.66, subdivision 1, is
amended to read:
Subdivision 1. Establishing the on-the-job training program.
(a) County agencies
may develop on-the-job training programs for MFIP caregivers who are participating in
employment and training services. A county agency that chooses to provide on-the-job
training may make payments to employers for on-the-job training costs that, during the
period of the training, must not exceed 50 percent of the wages paid by the employer to
the participant. The payments are deemed to be in compensation for the extraordinary
costs associated with training participants under this section and in compensation for the
costs associated with the lower productivity of the participants during training.
Provision of an on-the-job training program under the Workforce Investment Act
12.2 of 1998, Public Law 105-220, in and of itself, does not qualify as an on-the-job training
12.3 program under this section.
Employers must compensate participants in on-the-job training at the same
rates, including periodic increases, as similarly situated employees or trainees and in
accordance with applicable law, but in no event less than the federal or applicable state
minimum wage, whichever is higher.
Sec. 15. Minnesota Statutes 2009 Supplement, section 256J.95, subdivision 3, is
amended to read:
Subd. 3. Eligibility for diversionary work program.
(a) Except for the categories
of family units listed below, all family units who apply for cash benefits and who meet
MFIP eligibility as required in sections
are eligible and must participate
in the diversionary work program. Family units or individuals
that are not eligible for
the diversionary work program include:
(1) child only cases;
(2) a single-parent family unit that includes a child under 12 months of age. A
parent is eligible for this exception once in a parent's lifetime
and is not eligible if the
12.18 parent has already used the previously allowed child under age one exemption from MFIP
12.19 employment services
(3) a minor parent without a high school diploma or its equivalent;
(4) an 18- or 19-year-old caregiver without a high school diploma or its equivalent
who chooses to have an employment plan with an education option;
(5) a caregiver age 60 or over;
(6) family units with a caregiver who received DWP benefits in the 12 months prior
to the month the family applied for DWP, except as provided in paragraph (c);
(7) family units with a caregiver who received MFIP within the 12 months prior to
the month the family unit applied for DWP;
(8) a family unit with a caregiver who received 60 or more months of TANF
a family unit with
a caregiver who is disqualified from the work participation
12.31cash benefit program,
or MFIP due to fraud; and
(10) refugees and asylees as defined in Code of Federal Regulations, title 45, part
400, subpart d, section
, who arrived in the United States in the 12 months prior to
the date of application for family cash assistance.
(b) A two-parent family must participate in DWP unless both caregivers meet the
criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit
includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), (9), or (10).
(c) Once DWP eligibility is determined, the four months run consecutively. If a
participant leaves the program for any reason and reapplies during the four-month period,
the county must redetermine eligibility for DWP.
Sec. 16. Minnesota Statutes 2009 Supplement, section 256J.95, subdivision 11, is
amended to read:
Subd. 11. Universal participation required.
(a) All DWP caregivers, except
caregivers who meet the criteria in paragraph (d), are required to participate in DWP
employment services. Except as specified in paragraphs (b) and (c), employment plans
under DWP must, at a minimum, meet the requirements in section
256J.55, subdivision 1
(b) A caregiver who is a member of a two-parent family that is required to participate
in DWP who would otherwise be ineligible for DWP under subdivision 3 may be allowed
to develop an employment plan under section
256J.521, subdivision 2
, that may contain
alternate activities and reduced hours.
(c) A participant who is a victim of family violence shall be allowed to develop an
employment plan under section
256J.521, subdivision 3
. A claim of family violence must
be documented by the applicant or participant by providing a sworn statement which is
supported by collateral documentation in section
256J.545, paragraph (b)
(d) One parent in a two-parent family unit that has a natural born child under
12 months of age is not required to have an employment plan until the child reaches
12 months of age unless the family unit has already used the exclusion under section
13.24256J.561, subdivision 3
, or the previously allowed child under age one exemption under
256J.56, paragraph (a)
, clause (5).
(e) The provision in paragraph (d) ends the first full month after the child reaches
12 months of age. This provision is allowable only once in a caregiver's lifetime. In a
two-parent household, only one parent shall be allowed to use this category.
(f) The participant and job counselor must meet
within ten working days after in
13.30the month after the month
the child reaches 12 months of age to revise the participant's
employment plan. The employment plan for a family unit that has a child under 12 months
of age that has already used the exclusion in section
or the previously allowed
13.33 child under age one exemption under section
256J.56, paragraph (a) , clause (5),
tailored to recognize the caregiving needs of the parent.
14.2EARLY CHILDHOOD DEVELOPMENT
Section 1. Minnesota Statutes 2008, section 119B.189, is amended by adding a
subdivision to read:
14.5 Subd. 5. Child care services grants. "Child care services grants" means grants
14.6awarded to child care centers and family child care providers, both licensed and legal
14.7nonlicensed, under section 119B.21, subdivision 5.
Sec. 2. Minnesota Statutes 2008, section 119B.189, is amended by adding a subdivision
14.10 Subd. 6. District. "District" means the selected geographical area comprising one
14.11or more regions defined in subdivision 3. Six district programs and one statewide tribal
14.12program provide designated child care resource and referral services for the district area.
14.13As determined by the commissioner, the district program shall work in partnership with
14.14the regional child care resource and referral programs, local communities, tribal programs,
14.15and other early childhood education programs located within the district.
Sec. 3. Minnesota Statutes 2008, section 119B.19, subdivision 7, is amended to read:
Subd. 7. Child care resource and referral programs.
Within each region, a child
care resource and referral program must:
(1) maintain one database of all existing child care resources and services and one
database of family referrals;
(2) provide a child care referral service for families;
(3) develop resources to meet the child care service needs of families;
(4) increase the capacity to provide culturally responsive child care services;
(5) coordinate professional development opportunities for child care and school-age
(6) administer and award child care services grants;
(7) administer and provide loans for child development education and training;
14.28 (8) (7)
cooperate with the Minnesota Child Care Resource and Referral Network and
its member programs to develop effective child care services and child care resources; and
assist in fostering coordination, collaboration, and planning among child care
programs and community programs such as school readiness, Head Start, early childhood
family education, local interagency early intervention committees, early childhood
screening, special education services, and other early childhood care and education
services and programs that provide flexible, family-focused services to families with
young children to the extent possible.
Sec. 4. Minnesota Statutes 2008, section 119B.21, as amended by Laws 2009, chapter
79, article 2, sections 3 and 4, is amended to read:
15.5119B.21 CHILD CARE
Subdivision 1. Distribution of grant funds.
(a) The commissioner shall distribute
funds to the child care resource and referral programs designated under section
, for child care
grants to centers
under subdivision 5 and family
technical assistance grants under subdivision 10 programs based upon the
(b) Up to ten percent of funds appropriated for grants under this section may be used
by the commissioner for statewide child care development initiatives, training initiatives,
collaboration programs, and research and data collection. The commissioner shall develop
eligibility guidelines and a process to distribute funds under this paragraph.
15.15 resource and referral programs may apply for funding under this paragraph.
(c) At least 90 percent of funds appropriated for grants under this section may be
distributed by the commissioner to child care resource and referral programs under section
15.18119B.19, subdivision 1a
, for child care
grants and family child care
grants based on the following factors:
(1) the number of children under 13 years of age needing child care in the region;
(2) the region served by the program;
(3) the ratio of children under 13 years of age needing child care to the number
of licensed spaces in the region;
(4) the number of licensed child care providers and school-age care programs
in the region; and
(5) other related factors determined by the commissioner.
(d) Child care resource and referral programs must award child care
grants and family
grants based on the recommendation of
the child care
proposal review committees under subdivision 3.
(e) The commissioner may distribute funds under this section for a two-year period.
Subd. 3. Child care
regional district proposal review committees.
(a) Child care
proposal review committees
must establish regional priorities and
applications for family child care
grants and child care
grants under this section and make funding recommendations to the child care resource
and referral program designated under section
119B.19, subdivision 1a
16.1 region, the committee must allocate available funding between child care services grants
16.2 and child care technical assistance grants. The committee must also allocate funding for
16.3 child care services grants for facility financing purposes and provider training purposes.
16.4Each region within a district must be represented on the review committee.
The child care
proposal review committees must complete their reviews and forward
their recommendations to the child care resource and referral
program district programs
by the date specified by the commissioner.
(b) A child care resource and referral district
program shall establish a process to
select members of the child care
proposal review committee. Members
represent reflect a broad cross-section of the community, and may include
following constituent groups: family child care providers, child care center providers,
school-age care providers, parents who use child care services, health services, social
services, public schools, Head Start, employers, representatives of cultural and ethnic
and other citizens with demonstrated interest in child care issues. Members
of the proposal review committee with a direct financial interest in a pending grant
proposal may not provide a recommendation or participate in the ranking of that grant
(c) The child care resource and referral district
program may reimburse committee
members for their actual travel, child care, and child care provider substitute expenses for
committee meetings per year. The program may also pay a stipend to parent
representatives for participating in
up to six two
meetings per year.
Subd. 5. Child care services grants.
(a) A child care resource and referral program
designated under section
119B.19, subdivision 1a
, may award child care services grants
(1) creating new licensed child care facilities and expanding existing facilities,
including, but not limited to, supplies, equipment, facility renovation, and remodeling;
(2) improving licensed child care facility programs;
(3) staff training and development services including, but not limited to, in-service
training, curriculum development, accreditation, certification, consulting, resource
centers, program and resource materials, supporting effective teacher-child interactions,
child-focused teaching, and content-driven classroom instruction;
(4) interim financing;
16.33 (5) (4)
capacity building through the purchase of appropriate technology to create,
enhance, and maintain business management systems;
emergency assistance for child care programs;
new programs or projects for the creation, expansion, or improvement of
programs that serve ethnic immigrant and refugee communities; and
targeted recruitment initiatives to expand and build the capacity of the child
care system and to improve the quality of care provided by legal nonlicensed child care
17.6(b) A child care resource and referral organization designated under section 119B.19,
17.7subdivision 1a, may award child care services grants of up to $1,000 to family child care
17.8providers. These grants may be used for:
17.9(1) facility improvements, including, but not limited to, improvements to meet
17.11(2) improvements to expand a child care facility or program;
17.12(3) toys and equipment;
17.13(4) technology and software to create, enhance, and maintain business management
17.15(5) start-up costs;
17.16(6) staff training and development; and
17.17(7) other uses approved by the commissioner.
A child care resource and referral program designated under section
, may award child care services grants to:
(1) licensed providers;
(2) providers in the process of being licensed;
(3) corporations or public agencies that develop or provide child care services;
(4) school-age care programs;
(5) legal nonlicensed or family, friend, and neighbor care providers; or
(6) any combination of clauses (1) to (5).
A child care center that is a
recipient of a child care services grant for facility
, interim financing,
or staff training and development must provide a 25
percent local match. A local match is not required for grants to family child care providers.
Beginning July 1, 2009, grants to child care centers
under this subdivision
shall be increasingly awarded for activities that improve provider quality, including
activities under paragraph (a), clauses (1) to (3) and
. Grants to family child care
17.32providers shall be increasingly awarded for activities that improve provider quality,
17.33including activities under paragraph (b), clauses (1), (3), and (6).
Subd. 10. Family child care technical assistance grants. (a) A child care resource
17.35 and referral organization designated under section
119B.19, subdivision 1a , may award
17.36 technical assistance grants of up to $1,000. These grants may be used for:
18.1 (1) facility improvements, including, but not limited to, improvements to meet
18.2 licensing requirements;
18.3 (2) improvements to expand a child care facility or program;
18.4 (3) toys, materials, and equipment to improve the learning environment;
18.5 (4) technology and software to create, enhance, and maintain business management
18.7 (5) start-up costs;
18.8 (6) staff training and development; and
18.9 (7) other uses approved by the commissioner.
18.10 (b) A child care resource and referral program may award family child care technical
18.11 assistance grants to:
18.12 (1) licensed family child care providers;
18.13 (2) child care providers in the process of becoming licensed; or
18.14 (3) legal nonlicensed or family, friend, and neighbor care providers.
18.15 (c) A local match is not required for a family child care technical assistance grant.
18.16 (d) Beginning July 1, 2009, grants under this subdivision shall be increasingly
18.17 awarded for activities that improve provider quality, including activities under paragraph
18.18 (a), clauses (1), (3), and (6).
Section 1. Minnesota Statutes 2008, section 245A.04, subdivision 11, is amended to
Subd. 11. Education program; permitted ages, additional requirement.
education program offered in a residential or nonresidential program, except for child care,
foster care, or services for adults, must be approved by the commissioner of education
before the commissioner of human services may grant a license to the program.
(b) A residential program licensed by the commissioner of human services under
Minnesota Rules, parts 2960.0010 to 2960.0710, may serve persons through the age of
(1) the admission or continued stay is necessary for a person to complete a secondary
school program or its equivalent, or it is necessary to facilitate a transition period after
completing the secondary school program or its equivalent for up to four months in order
for the resident to obtain other living arrangements;
(2) the facility develops policies, procedures, and plans required under section
(3) the facility documents an assessment of the 18- or 19-year-old person's risk
of victimizing children residing in the facility, and develops necessary risk reduction
measures, including sleeping arrangements, to minimize any risk of harm to children; and
(4) notwithstanding the license holder's target population age range, whenever
persons age 18 or 19 years old are receiving residential services, the age difference among
residents may not exceed five years.
(c) A child foster care program licensed by the commissioner under Minnesota
19.8Rules, chapter 2960, may serve persons who are over the age of 18 but under the age
19.9of 21 when the person is:
19.10(1) completing secondary education or a program leading to an equivalent credential;
19.11(2) enrolled in an institution which provides postsecondary or vocational education;
19.12(3) participating in a program or activity designed to promote, or remove barriers to,
19.14(4) employed for at least 80 hours per month; or
19.15(5) incapable of doing any of the activities described in clauses (1) to (4) due to a
19.16medical condition, which incapability is supported by regularly updated information in the
19.17case plan of the person.
Nothing in this paragraph precludes the license holder from seeking other
variances under subdivision 9.
Sec. 2. Minnesota Statutes 2008, section 256.01, is amended by adding a subdivision
19.22 Subd. 30. Donated funds from private postsecondary institutions. The
19.23commissioner may accept, on behalf of the state, funds donated from private postsecondary
19.24institutions, as the state's share in claiming federal Title IV-E reimbursement, to support the
19.25Child Welfare State/University Partnership, consistent with Code of Federal Regulations,
19.26title 45, chapter 235, section 235.66, Sources of State Funds, if the funds:
19.27(1) are transferred to the state and under the state's administrative control;
19.28(2) are donated with no restriction that the funds be used for the training of a
19.29particular individual or at a particular facility or institution; and
19.30(3) do not revert to the donor's facility or use.
Sec. 3. Minnesota Statutes 2008, section 256.82, subdivision 3, is amended to read:
Subd. 3. Setting foster care standard rates.
The commissioner shall annually
establish minimum standard maintenance rates for foster care maintenance and difficulty
of care payments for all children in foster care. Any increase in rates shall in no case
20.2exceed three percent per annum.
Sec. 4. Minnesota Statutes 2009 Supplement, section 260.012, is amended to read:
20.4260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
20.5REUNIFICATION; REASONABLE EFFORTS.
(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
services, by the social services agency are made to prevent placement or to eliminate the
need for removal and to reunite the child with the child's family at the earliest possible
time, and the court must ensure that the responsible social services agency makes
reasonable efforts to finalize an alternative permanent plan for the child as provided in
paragraph (e). In determining reasonable efforts to be made with respect to a child and in
making those reasonable efforts, the child's best interests, health, and safety must be of
paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
reunification are always required except upon a determination by the court that a petition
has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section
20.18260C.007, subdivision 14
(2) the parental rights of the parent to another child have been terminated
(3) the child is an abandoned infant under section
260C.301, subdivision 2
paragraph (a), clause (2);
(4) the parent's custodial rights to another child have been involuntarily transferred
to a relative under section
260C.201, subdivision 11
, clause (1), or a
similar law of another jurisdiction; or
(5) the provision of services or further services for the purpose of reunification is
futile and therefore unreasonable under the circumstances.
(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section
260C.201, subdivision 11
, or a termination
of parental rights petition under sections
must be filed. A
permanency hearing under section
260C.201, subdivision 11
, must be held within 30
days of this determination.
(c) In the case of an Indian child, in proceedings under sections
the juvenile court must make findings and conclusions
consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social
services agency must provide active efforts as required under United States Code, title
25, section 1911(d).
(d) "Reasonable efforts to prevent placement" means:
(1) the agency has made reasonable efforts to prevent the placement of the child in
foster care by working with the family to develop and implement a safety plan; or
(2) given the particular circumstances of the child and family at the time of the
child's removal, there are no services or efforts available which could allow the child to
safely remain in the home.
(e) "Reasonable efforts to finalize a permanent plan for the child" means due
diligence by the responsible social services agency to:
(1) reunify the child with the parent or guardian from whom the child was removed;
(2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
where appropriate, provide services necessary to enable the noncustodial parent to safely
provide the care, as required by section
260C.212, subdivision 4
(3) conduct a relative search to identify and provide notice to adult relatives as
required under section
260C.212, subdivision 5
(4) place siblings removed from their home in the same home for foster care or
adoption, or transfer permanent legal and physical custody to a relative. Visitation
between siblings who are not in the same foster care, adoption, or custodial placement or
facility shall be consistent with section
260C.212, subdivision 2
(5) when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the
child, and considers permanent alternative homes for the child inside or outside of the
state, preferably through adoption or transfer of permanent legal and physical custody of
(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the
needs of the child and the child's family. Services may include those provided by the
responsible social services agency and other culturally appropriate services available in
the community. At each stage of the proceedings where the court is required to review
the appropriateness of the responsible social services agency's reasonable efforts as
described in paragraphs (a), (d), and (e), the social services agency has the burden of
(1) it has made reasonable efforts to prevent placement of the child in foster care;
(2) it has made reasonable efforts to eliminate the need for removal of the child from
the child's home and to reunify the child with the child's family at the earliest possible time;
(3) it has made reasonable efforts to finalize an alternative permanent home for
the child, and considers permanent alternative homes for the child inside or outside of
the state; or
(4) reasonable efforts to prevent placement and to reunify the child with the parent
or guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section
, by filing an affidavit summarizing the agency's
reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
efforts to reunify the parent and child, or through testimony or a certified report required
under juvenile court rules.
(g) Once the court determines that reasonable efforts for reunification are not
required because the court has made one of the prima facie determinations under paragraph
(a), the court may only require reasonable efforts for reunification after a hearing according
, where the court finds there is not clear and convincing evidence of
the facts upon which the court based its prima facie determination. In this case when there
is clear and convincing evidence that the child is in need of protection or services, the
court may find the child in need of protection or services and order any of the dispositions
available under section
260C.201, subdivision 1
. Reunification of a surviving child with a
parent is not required if the parent has been convicted of:
(1) a violation of, or an attempt or conspiracy to commit a violation of, sections
609.222, subdivision 2
in regard to another child of the
(2) a violation of section
609.222, subdivision 2
, in regard to the
surviving child; or
(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.
(h) The juvenile court, in proceedings under sections
shall make findings and conclusions as to the provision of
reasonable efforts. When determining whether reasonable efforts have been made, the
court shall consider whether services to the child and family were:
(1) relevant to the safety and protection of the child;
(2) adequate to meet the needs of the child and family;
(3) culturally appropriate;
(4) available and accessible;
(5) consistent and timely; and
(6) realistic under the circumstances.
In the alternative, the court may determine that provision of services or further
services for the purpose of rehabilitation is futile and therefore unreasonable under the
circumstances or that reasonable efforts are not required as provided in paragraph (a).
(i) This section does not prevent out-of-home placement for treatment of a child with
a mental disability when it is determined to be medically necessary as a result of the child's
diagnostic assessment or individual treatment plan indicates that appropriate and necessary
treatment cannot be effectively provided outside of a residential or inpatient treatment
program and the level or intensity of supervision and treatment cannot be effectively and
safely provided in the child's home or community and it is determined that a residential
treatment setting is the least restrictive setting that is appropriate to the needs of the child.
(j) If continuation of reasonable efforts to prevent placement or reunify the child
with the parent or guardian from whom the child was removed is determined by the court
to be inconsistent with the permanent plan for the child or upon the court making one of
the prima facie determinations under paragraph (a), reasonable efforts must be made to
place the child in a timely manner in a safe and permanent home and to complete whatever
steps are necessary to legally finalize the permanent placement of the child.
(k) Reasonable efforts to place a child for adoption or in another permanent
placement may be made concurrently with reasonable efforts to prevent placement or to
reunify the child with the parent or guardian from whom the child was removed. When
the responsible social services agency decides to concurrently make reasonable efforts for
both reunification and permanent placement away from the parent under paragraph (a), the
agency shall disclose its decision and both plans for concurrent reasonable efforts to all
parties and the court. When the agency discloses its decision to proceed on both plans for
reunification and permanent placement away from the parent, the court's review of the
agency's reasonable efforts shall include the agency's efforts under both plans.
Sec. 5. Minnesota Statutes 2008, section 260C.007, subdivision 4, is amended to read:
Subd. 4. Child.
"Child" means an individual under 18 years of age. For purposes
23.29of this chapter, "child" also includes individuals under age 21 who are in foster care
23.30pursuant to section 260C.451.
Sec. 6. Minnesota Statutes 2008, section 260C.193, subdivision 6, is amended to read:
Subd. 6. Jurisdiction to review foster care to age 21, termination of jurisdiction,
23.33jurisdiction to age 18. (a) Jurisdiction over a child in foster care pursuant to section
23.34260C.451 may continue to age 21 for the purpose of conducting the reviews required under
24.1section 260C.201, subdivision 11, paragraph (d), 260C.212, subdivision 7, or 260C.317,
24.2subdivision 3. Jurisdiction over a child in foster care pursuant to section 260C.451 shall
24.3not be terminated without giving the child notice of any motion or proposed order to
24.4dismiss jurisdiction and an opportunity to be heard on the appropriateness of the dismissal.
24.5When a child in foster care pursuant to section 260C.451 asks to leave foster care or
24.6actually leaves foster care, the court may terminate its jurisdiction.
24.7(b) Except when a court order is necessary for a child to be in foster care or when
24.8continued review under (1) section 260C.212, subdivision 7, paragraph (d), or section
24.9260C.201, subdivision 11, paragraph (d), and (2) 260C.317, subdivision 3, is required
24.10for a child in foster care under section 260C.451,
the court may
dismiss the petition or
jurisdiction on its own motion or
at any time upon a determination that jurisdiction is no longer necessary to
24.13protect the child's best interests
Unless terminated by the court, and except as otherwise provided in this
subdivision, the jurisdiction of the court shall continue until the
years of age
if the court determines it is in the best interest of the individual to do so
Sec. 7. Minnesota Statutes 2008, section 260C.201, subdivision 10, is amended to read:
Subd. 10. Court review of foster care.
(a) If the court orders a child placed in
foster care, the court shall review the out-of-home placement at least every 90 days as
required in juvenile court rules to determine whether continued out-of-home placement is
necessary and appropriate or whether the child should be returned home. This review is
not required if the court has returned the child home, ordered the child permanently placed
away from the parent under subdivision 11, or terminated rights under section
Court review for a child permanently placed away from a parent, including where the
child is under guardianship and legal custody of the commissioner, shall be governed by
subdivision 11 or section
260C.317, subdivision 3
, whichever is applicable.
(b) No later than six months after the child's placement in foster care, the court shall
review agency efforts pursuant to section
260C.212, subdivision 2
, and order that the
efforts continue if the agency has failed to perform the duties under that section.
(c) The court shall review the out-of-home placement plan and may modify the plan
as provided under subdivisions 6 and 7.
(d) When the court orders transfer of custody to a responsible social services
agency resulting in foster care or protective supervision with a noncustodial parent under
subdivision 1, the court shall notify the parents of the provisions of subdivisions 11 and
11a as required under juvenile court rules.
25.1(e) When a child remains in foster care pursuant to section 260C.451 and the court
25.2has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the court shall
25.3annually conduct the review required under subdivision 11, paragraph (d), or sections
25.4260C.212, subdivision 7, and 260C.317, subdivision 3.
Sec. 8. Minnesota Statutes 2009 Supplement, section 260C.212, subdivision 7, is
amended to read:
Subd. 7. Administrative or court review of placements.
(a) There shall be an
administrative review of the out-of-home placement plan of each child placed in foster
care no later than 180 days after the initial placement of the child in foster care and at least
every six months thereafter if the child is not returned to the home of the parent or parents
within that time. The out-of-home placement plan must be monitored and updated at each
administrative review. The administrative review shall be conducted by the responsible
social services agency using a panel of appropriate persons at least one of whom is not
responsible for the case management of, or the delivery of services to, either the child or
the parents who are the subject of the review. The administrative review shall be open to
participation by the parent or guardian of the child and the child, as appropriate.
(b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan
pursuant to the procedure and standard in section
260C.201, subdivision 6
, paragraph (d).
The party requesting review of the out-of-home placement plan shall give parties to the
proceeding notice of the request to review and update the out-of-home placement plan.
A court review conducted pursuant to section
260C.193; 260C.201, subdivision 1 or 11
25.24260C.141, subdivision 2
or 2a, clause (2); or
shall satisfy the requirement for
the review so long as the other requirements of this section are met.
(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:
(1) the safety, permanency needs, and well-being of the child;
(2) the continuing necessity for and appropriateness of the placement;
(3) the extent of compliance with the out-of-home placement plan;
(4) the extent of progress which has been made toward alleviating or mitigating the
causes necessitating placement in foster care;
(5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian;
(6) the appropriateness of the services provided to the child.
(d) When a child is age 16 or older, in addition to any administrative review
conducted by the agency, at the review required under section
260C.201, subdivision 11
paragraph (d), clause (3), item (iii); or
260C.317, subdivision 3
, clause (3), the court shall
review the independent living plan required under subdivision 1, paragraph (c), clause
(11), and the provision of services to the child related to the well-being of the child as
the child prepares to leave foster care. The review shall include the actual plans related
to each item in the plan necessary to the child's future safety and well-being when the
child is no longer in foster care.
(1) At the court review, the responsible social services agency shall establish that it
has given the notice required under section 260C.456 or
Minnesota Rules, part
, regarding the right to continued access to services for certain children in
foster care past age 18 and of the right to appeal a denial of social services under section
. If the agency is unable to establish that the notice, including the right to appeal a
denial of social services, has been given, the court shall require the agency to give it.
(2) Consistent with the requirements of the independent living plan,
the court shall
make findings regarding review
progress toward or accomplishment of the following goals:
(i) the child has obtained a high school diploma or its equivalent;
(ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;
(iii) the child is employed or enrolled in postsecondary education;
(iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;
(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;
(vi) the child has applied for and obtained disability income assistance for which
the child is eligible;
(vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the first month's rent and a
(ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;
(x) the child, if male, has registered for the Selective Service; and
(xi) the child has a permanent connection to a caring adult.
(3) The court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, green card, or school visa; the child's school,
medical, and dental records; a contact list of the child's medical, dental, and mental health
providers; and contact information for the child's siblings, if the siblings are in foster care.
(e) When a child is age 17 or older, during the 90-day period immediately prior to
the date the child is expected to be discharged from foster care, the responsible social
services agency is required to provide the child with assistance and support in developing
a transition plan that is personalized at the direction of the child. The transition plan
must be as detailed as the child may elect and include specific options on housing, health
insurance, education, local opportunities for mentors and continuing support services,
and work force supports and employment services. The county shall also provide the
individual with appropriate contact information if the individual needs more information
or needs help dealing with a crisis situation through age 21.
Sec. 9. Minnesota Statutes 2008, section 260C.451, is amended to read:
AGE LIMIT FOR BENEFITS TO CHILDREN FOSTER CARE
27.18BENEFITS TO AGE 21.
27.19 Subdivision 1. Notification of benefits. For purposes of any program for foster
27.20 children or children under state guardianship for which benefits are made available on June
27.21 1, 1973, unless specifically provided therein, the age of majority shall be 21 years of age.
27.22Within the six months prior to the child's 18th birthday, the local agency shall advise any
27.23child in foster care under this chapter, the child's parents or legal guardian, if any, and the
27.24child's foster parents of the availability of benefits of the foster care program up to age 21.
27.25 Subd. 2. Independent living plan. Upon the request of any child receiving foster
27.26care benefits immediately prior to the child's 18th birthday and who is in foster care at
27.27the time of the request, the local agency shall, in conjunction with the child and other
27.28appropriate parties, update the independent living plan required under section 260C.212,
27.29subdivision 1, paragraph (c), clause (11), related to the child's employment, vocational,
27.30educational, social, or maturational needs. The agency shall provide continued services
27.31and foster care for the child including as necessary to implement the independent living
27.33 Subd. 3. Eligibility. A child already in foster care may continue in foster care past
27.34age 18. The child must meet at least one of the following conditions to be considered
27.35eligible to continue in foster care to age 21. The child must be:
28.1(1) completing secondary education or a program leading to an equivalent credential;
28.2(2) enrolled in an institution which provides postsecondary or vocational education;
28.3(3) participating in a program or activity designed to promote or remove barriers to
28.5(4) employed for at least 80 hours per month; or
28.6(5) incapable of doing any of the activities described in clauses (1) to (4) due to a
28.8 Subd. 4. Foster care benefits. For children between the ages of 18 and 21, "foster
28.9care benefits" means payment for those foster care settings defined in section 260C.007,
28.10subdivision 18. Additionally, foster care benefits means payment for a supervised setting
28.11in which a child may live independently.
28.12 Subd. 5. Permanent decision. The particular foster care setting, including
28.13supervised settings, shall be selected based on the best interest of the child consistent with
28.14section 260C.212, subdivision 2. Supervision in approved settings must be determined by
28.15an individual determination of the child's needs by the responsible social services agency
28.16and consistent with section 260C.212, subdivision 4a.
28.17 Subd. 6. Individual plan to age 21. Upon request of an individual between the
28.18ages of 18 and 21 who, within six months of the individual's 18th birthday, had been under
28.19the guardianship of the commissioner and who has left foster care, the responsible social
28.20services agency which had been the commissioner's agent for purposes of the guardianship
28.21shall develop with the individual a plan related to the individual's vocational, educational,
28.22social, or maturational needs. The agency shall provide foster care with maintenance and
28.23counseling benefits as required to implement the plan. The agency shall enter into a
28.24voluntary placement agreement with the individual if the plan includes foster care.
28.25 Subd. 7. Jurisdiction. Notwithstanding that the court retains jurisdiction pursuant
28.26to this section, individuals in foster care pursuant to this section are adults for all purposes
28.27except the continued provision of foster care. Any order establishing guardianship under
28.28section 260C.325, any legal custody order under section 260C.201, subdivision 1, and any
28.29order for legal custody associated with an order for long-term foster care under section
28.30260C.201, subdivision 11, terminates on the child's 18th birthday.
Sec. 10. Minnesota Statutes 2008, section 626.556, subdivision 10, is amended to read:
Subd. 10. Duties of local welfare agency and local law enforcement agency upon
28.33receipt of report.
(a) Upon receipt of a report, the local welfare agency shall determine
whether to conduct a family assessment or an investigation as appropriate to prevent or
provide a remedy for child maltreatment. The local welfare agency:
(1) shall conduct an investigation on reports involving substantial child
(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that substantial child
endangerment or a serious threat to the child's safety exists;
(3) may conduct a family assessment for reports that do not allege substantial child
endangerment. In determining that a family assessment is appropriate, the local welfare
agency may consider issues of child safety, parental cooperation, and the need for an
immediate response; and
(4) may conduct a family assessment on a report that was initially screened and
assigned for an investigation. In determining that a complete investigation is not required,
the local welfare agency must document the reason for terminating the investigation and
notify the local law enforcement agency if the local law enforcement agency is conducting
a joint investigation.
If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
or individual functioning within the family unit as a person responsible for the child's
care, or sexual abuse by a person with a significant relationship to the child when that
person resides in the child's household or by a sibling, the local welfare agency shall
immediately conduct a family assessment or investigation as identified in clauses (1) to
(4). In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence and offer
services for purposes of preventing future child maltreatment, safeguarding and enhancing
the welfare of the abused or neglected minor, and supporting and preserving family
life whenever possible. If the report alleges a violation of a criminal statute involving
sexual abuse, physical abuse, or neglect or endangerment, under section
local law enforcement agency and local welfare agency shall coordinate the planning and
execution of their respective investigation and assessment efforts to avoid a duplication of
fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of
the results of its investigation. In cases of alleged child maltreatment resulting in death,
the local agency may rely on the fact-finding efforts of a law enforcement investigation
to make a determination of whether or not maltreatment occurred. When necessary the
local welfare agency shall seek authority to remove the child from the custody of a parent,
guardian, or adult with whom the child is living. In performing any of these duties, the
local welfare agency shall maintain appropriate records.
If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615.
The local welfare agency shall report the determination of the
30.3 chemical use assessment, and the recommendations and referrals for alcohol and other
30.4 drug treatment services to the state authority on alcohol and drug abuse.
(b) When a local agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section
, has been the subject of physical
abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
, it shall, in addition to its other duties under this section, immediately inform the
ombudsman established under sections
. The commissioner of education
shall inform the ombudsman established under sections
regarding a child defined as a client in section
that maltreatment occurred at a
school as defined in sections
120A.05, subdivisions 9, 11, and 13
(c) Authority of the local welfare agency responsible for assessing or investigating
the child abuse or neglect report, the agency responsible for assessing or investigating
the report, and of the local law enforcement agency for investigating the alleged abuse or
neglect includes, but is not limited to, authority to interview, without parental consent,
the alleged victim and any other minors who currently reside with or who have resided
with the alleged offender. The interview may take place at school or at any facility or
other place where the alleged victim or other minors might be found or the child may be
transported to, and the interview conducted at, a place appropriate for the interview of a
child designated by the local welfare agency or law enforcement agency. The interview
may take place outside the presence of the alleged offender or parent, legal custodian,
guardian, or school official. For family assessments, it is the preferred practice to request
a parent or guardian's permission to interview the child prior to conducting the child
interview, unless doing so would compromise the safety assessment. Except as provided in
this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible
local welfare or law enforcement agency no later than the conclusion of the investigation
or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota
Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte
motion by the local welfare agency, order that, where reasonable cause exists, the agency
withhold notification of this interview from the parent, legal custodian, or guardian. If the
interview took place or is to take place on school property, the order shall specify that
school officials may not disclose to the parent, legal custodian, or guardian the contents
of the notification of intent to interview the child on school property, as provided under
this paragraph, and any other related information regarding the interview that may be a
part of the child's school record. A copy of the order shall be sent by the local welfare or
law enforcement agency to the appropriate school official.
(d) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification
shall include the name of the child to be interviewed, the purpose of the interview, and
a reference to the statutory authority to conduct an interview on school property. For
interviews conducted by the local welfare agency, the notification shall be signed by the
chair of the local social services agency or the chair's designee. The notification shall be
private data on individuals subject to the provisions of this paragraph. School officials
may not disclose to the parent, legal custodian, or guardian the contents of the notification
or any other related information regarding the interview until notified in writing by the
local welfare or law enforcement agency that the investigation or assessment has been
concluded, unless a school employee or agent is alleged to have maltreated the child.
Until that time, the local welfare or law enforcement agency or the agency responsible
for assessing or investigating a report of maltreatment shall be solely responsible for any
disclosures regarding the nature of the assessment or investigation.
Except where the alleged offender is believed to be a school official or employee,
the time and place, and manner of the interview on school premises shall be within the
discretion of school officials, but the local welfare or law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school officials shall be reasonable and
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials and
the local welfare or law enforcement agency. Where the school fails to comply with the
provisions of this paragraph, the juvenile court may order the school to comply. Every
effort must be made to reduce the disruption of the educational program of the child, other
students, or school staff when an interview is conducted on school premises.
(e) Where the alleged offender or a person responsible for the care of the alleged
victim or other minor prevents access to the victim or other minor by the local welfare
agency, the juvenile court may order the parents, legal custodian, or guardian to produce
the alleged victim or other minor for questioning by the local welfare agency or the local
law enforcement agency outside the presence of the alleged offender or any person
responsible for the child's care at reasonable places and times as specified by court order.
(f) Before making an order under paragraph (e), the court shall issue an order to
show cause, either upon its own motion or upon a verified petition, specifying the basis for
the requested interviews and fixing the time and place of the hearing. The order to show
cause shall be served personally and shall be heard in the same manner as provided in
other cases in the juvenile court. The court shall consider the need for appointment of a
guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
litem shall be present at the hearing on the order to show cause.
(g) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.
(h) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety,
risk of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information
to ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment. The
local welfare agency or the agency responsible for assessing or investigating the report
may make a determination of no maltreatment early in an assessment, and close the case
and retain immunity, if the collected information shows no basis for a full assessment or
Information relevant to the assessment or investigation must be asked for, and
(1) the child's sex and age, prior reports of maltreatment, information relating
to developmental functioning, credibility of the child's statement, and whether the
information provided under this clause is consistent with other information collected
during the course of the assessment or investigation;
(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;
(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the
child; (ii) prior medical records relating to the alleged maltreatment or the care of the
child maintained by any facility, clinic, or health care professional and an interview with
the treating professionals; and (iii) interviews with the child's caretakers, including the
child's parent, guardian, foster parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have knowledge regarding the alleged
maltreatment and the care of the child; and
(4) information on the existence of domestic abuse and violence in the home of
the child, and substance abuse.
Nothing in this paragraph precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report
from collecting other relevant information necessary to conduct the assessment or
investigation. Notwithstanding sections
to 144.298, the local welfare
agency has access to medical data and records for purposes of clause (3). Notwithstanding
the data's classification in the possession of any other agency, data acquired by the
local welfare agency or the agency responsible for assessing or investigating the report
during the course of the assessment or investigation are private data on individuals and
must be maintained in accordance with subdivision 11. Data of the commissioner of
education collected or maintained during and for the purpose of an investigation of
alleged maltreatment in a school are governed by this section, notwithstanding the data's
classification as educational, licensing, or personnel data under chapter 13.
In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.
(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
contact with the child reported to be maltreated and with the child's primary caregiver
sufficient to complete a safety assessment and ensure the immediate safety of the child.
The face-to-face contact with the child and primary caregiver shall occur immediately
if substantial child endangerment is alleged and within five calendar days for all other
reports. If the alleged offender was not already interviewed as the primary caregiver, the
local welfare agency shall also conduct a face-to-face interview with the alleged offender
in the early stages of the assessment or investigation. At the initial contact, the local child
welfare agency or the agency responsible for assessing or investigating the report must
inform the alleged offender of the complaints or allegations made against the individual in
a manner consistent with laws protecting the rights of the person who made the report.
The interview with the alleged offender may be postponed if it would jeopardize an active
law enforcement investigation.
(j) When conducting an investigation, the local welfare agency shall use a question
and answer interviewing format with questioning as nondirective as possible to elicit
spontaneous responses. For investigations only, the following interviewing methods and
procedures must be used whenever possible when collecting information:
(1) audio recordings of all interviews with witnesses and collateral sources; and
(2) in cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.
(k) In conducting an assessment or investigation involving a school facility as
defined in subdivision 2, paragraph (i), the commissioner of education shall collect
available and relevant information and use the procedures in paragraphs (i), (k), and
subdivision 3d, except that the requirement for face-to-face observation of the child
and face-to-face interview of the alleged offender is to occur in the initial stages of the
assessment or investigation provided that the commissioner may also base the assessment
or investigation on investigative reports and data received from the school facility and
local law enforcement, to the extent those investigations satisfy the requirements of
paragraphs (i) and (k), and subdivision 3d.
Sec. 11. REPEALER.
34.31Minnesota Statutes 2008, section 256.82, subdivision 5, and Minnesota Rules, part
34.329560.0660, are repealed.