SF 2855

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm

1.1A bill for an act

1.2relating to human services; making changes to children and family services
1.3technical and policy provisions; Minnesota family investment program and adult
1.4supports; early childhood development; child welfare;amending Minnesota
1.5Statutes 2008, sections 119B.189, by adding subdivisions; 119B.19, subdivision
1.67; 119B.21, as amended; 245A.04, subdivision 11; 256.01, subdivision 18, by
1.7adding a subdivision; 256.046, subdivision 1; 256.82, subdivision 3; 256.98,
1.8subdivision 8; 256J.24, subdivisions 3, 5a, 10; 256J.37, subdivision 3a; 256J.425,
1.9subdivision 5; 260C.007, subdivision 4; 260C.193, subdivision 6; 260C.201,
1.10subdivision 10; 260C.451; 626.556, subdivision 10; Minnesota Statutes 2009
1.11Supplement, sections 256D.44, subdivision 3; 256J.24, subdivision 5; 256J.425,
1.12subdivision 2; 256J.521, subdivision 2; 256J.561, subdivision 3; 256J.66,
1.13subdivision 1; 256J.95, subdivisions 3, 11; 260.012; 260C.212, subdivision 7;
1.14repealing Minnesota Statutes 2008, section 256.82, subdivision 5; Minnesota
1.15Rules, part 9560.0660.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17ARTICLE 1

1.18MFIP AND ADULTS

1.19    Section 1. Minnesota Statutes 2008, section 256.01, subdivision 18, is amended to read:
1.20    Subd. 18. Immigration status verifications. (a) Notwithstanding any waiver of
1.21this requirement by the secretary of the United States Department of Health and Human
1.22Services, effective July 1, 2001, the commissioner shall utilize the Systematic Alien
1.23Verification for Entitlements (SAVE) program to conduct immigration status verifications:
1.24(1) as required under United States Code, title 8, section 1642;
1.25(2) for all applicants for food assistance benefits, whether under the federal food
1.26stamp program, the MFIP or work first program, or the Minnesota food assistance program;
2.1(3) for all applicants for general assistance medical care, except assistance for an
2.2emergency medical condition, for immunization with respect to an immunizable disease,
2.3or for testing and treatment of symptoms of a communicable disease; and
2.4(4) for all applicants for general assistance, Minnesota supplemental aid,
2.5MinnesotaCare, or group residential housing, when the benefits provided by these
2.6programs would fall under the definition of "federal public benefit" under United States
2.7Code, title 8, section 1642, if federal funds were used to pay for all or part of the benefits.
2.8(b) The commissioner shall comply with the reporting requirements under United
2.9States Code, title 42, section 611a, and any federal regulation or guidance adopted under
2.10that law.
2.11(c) Counties must verify that all applications for MFIP include verification of citizen
2.12eligibility status for both applicants and recipients.

2.13    Sec. 2. Minnesota Statutes 2008, section 256.046, subdivision 1, is amended to read:
2.14    Subdivision 1. Hearing authority. A local agency must initiate an administrative
2.15fraud disqualification hearing for individuals, including child care providers caring for
2.16children receiving child care assistance, accused of wrongfully obtaining assistance or
2.17intentional program violations, in lieu of a criminal action when it has not been pursued, in
2.18the aid to families with dependent children program formerly codified in sections 256.72
2.19to 256.87, MFIP, and any affiliated program to include the diversionary work program
2.20and the work participation cash benefit program, child care assistance programs, general
2.21assistance, family general assistance program formerly codified in section 256D.05,
2.22subdivision 1 , clause (15), Minnesota supplemental aid, food stamp programs, general
2.23assistance medical care, MinnesotaCare for adults without children, and upon federal
2.24approval, all categories of medical assistance and remaining categories of MinnesotaCare
2.25except for children through age 18. The Department of Human Services, in lieu of a local
2.26agency, may initiate an administrative fraud disqualification hearing when the state agency
2.27is directly responsible for administration or investigation of the program for which benefits
2.28were wrongfully obtained. The hearing is subject to the requirements of section 256.045
2.29and the requirements in Code of Federal Regulations, title 7, section 273.16.

2.30    Sec. 3. Minnesota Statutes 2008, section 256.98, subdivision 8, is amended to read:
2.31    Subd. 8. Disqualification from program. (a) Any person found to be guilty of
2.32wrongfully obtaining assistance by a federal or state court or by an administrative hearing
2.33determination, or waiver thereof, through a disqualification consent agreement, or as part
2.34of any approved diversion plan under section 401.065, or any court-ordered stay which
3.1carries with it any probationary or other conditions, in the Minnesota family investment
3.2program, 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
3.4general assistance program, the group residential housing program, or the Minnesota
3.5supplemental aid program shall be disqualified from that program. In addition, any person
3.6disqualified from the Minnesota family investment program shall also be disqualified from
3.7the food stamp or food support program. The needs of that individual shall not be taken
3.8into consideration in determining the grant level for that assistance unit:
3.9(1) for one year after the first offense;
3.10(2) for two years after the second offense; and
3.11(3) permanently after the third or subsequent offense.
3.12The period of program disqualification shall begin on the date stipulated on the
3.13advance notice of disqualification without possibility of postponement for administrative
3.14stay or administrative hearing and shall continue through completion unless and until the
3.15findings upon which the sanctions were imposed are reversed by a court of competent
3.16jurisdiction. The period for which sanctions are imposed is not subject to review. The
3.17sanctions provided under this subdivision are in addition to, and not in substitution
3.18for, any other sanctions that may be provided for by law for the offense involved. A
3.19disqualification established through hearing or waiver shall result in the disqualification
3.20period beginning immediately unless the person has become otherwise ineligible for
3.21assistance. If the person is ineligible for assistance, the disqualification period begins
3.22when the person again meets the eligibility criteria of the program from which they were
3.23disqualified and makes application for that program.
3.24(b) A family receiving assistance through child care assistance programs under
3.25chapter 119B with a family member who is found to be guilty of wrongfully obtaining child
3.26care assistance by a federal court, state court, or an administrative hearing determination
3.27or waiver, through a disqualification consent agreement, as part of an approved diversion
3.28plan under section 401.065, or a court-ordered stay with probationary or other conditions,
3.29is disqualified from child care assistance programs. The disqualifications must be for
3.30periods of three months, six months, and two years for the first, second, and third offenses
3.31respectively. Subsequent violations must result in permanent disqualification. During the
3.32disqualification period, disqualification from any child care program must extend to all
3.33child care programs and must be immediately applied.
3.34(c) A provider caring for children receiving assistance through child care assistance
3.35programs under chapter 119B is disqualified from receiving payment for child care
3.36services from the child care assistance program under chapter 119B when the provider is
4.1found to have wrongfully obtained child care assistance by a federal court, state court,
4.2or an administrative hearing determination or waiver under section 256.046, through
4.3a disqualification consent agreement, as part of an approved diversion plan under
4.4section 401.065, or a court-ordered stay with probationary or other conditions. The
4.5disqualification must be for a period of one year for the first offense and two years for
4.6the second offense. Any subsequent violation must result in permanent disqualification.
4.7The disqualification period must be imposed immediately after a determination is made
4.8under this paragraph. During the disqualification period, the provider is disqualified from
4.9receiving payment from any child care program under chapter 119B.
4.10(d) Any person found to be guilty of wrongfully obtaining general assistance
4.11medical care, MinnesotaCare for adults without children, and upon federal approval, all
4.12categories of medical assistance and remaining categories of MinnesotaCare, except
4.13for children through age 18, by a federal or state court or by an administrative hearing
4.14determination, or waiver thereof, through a disqualification consent agreement, or as part
4.15of any approved diversion plan under section 401.065, or any court-ordered stay which
4.16carries with it any probationary or other conditions, is disqualified from that program. The
4.17period of disqualification is one year after the first offense, two years after the second
4.18offense, and permanently after the third or subsequent offense. The period of program
4.19disqualification shall begin on the date stipulated on the advance notice of disqualification
4.20without possibility of postponement for administrative stay or administrative hearing
4.21and shall continue through completion unless and until the findings upon which the
4.22sanctions were imposed are reversed by a court of competent jurisdiction. The period for
4.23which sanctions are imposed is not subject to review. The sanctions provided under this
4.24subdivision are in addition to, and not in substitution for, any other sanctions that may be
4.25provided for by law for the offense involved.

4.26    Sec. 4. Minnesota Statutes 2009 Supplement, section 256D.44, subdivision 3, is
4.27amended to read:
4.28    Subd. 3. Standard of assistance for basic needs. Except as provided in subdivision
4.294, the monthly state standard of assistance for basic needs is as follows:
4.30(a) If an applicant or recipient does not reside with another person or persons, the
4.31state standard of assistance is $519.
4.32(b) If an applicant married couple or recipient married couple who live together,
4.33does not reside with others, the state standard of assistance is $778.
4.34(c) If an applicant or recipient resides with another person or persons, the state
4.35standard of assistance is $395.
5.1(d) If an applicant married couple or recipient married couple who live together,
5.2resides with others, the state standard of assistance is $519.
5.3(e) Married couples, living together who do not reside with others and were
5.4receiving MSA prior to January 1, 1994, and whose eligibility has not been terminated a
5.5full calendar month, the state standard of assistance is $793.
5.6(f) Married couples living together who reside with others and were receiving MSA
5.7prior to January 1, 1994, and whose eligibility has not been terminated a full calendar
5.8month, the state standard of assistance is $782.
5.9(g) For an individual who (1) receives Social Security insurance Supplemental
5.10Security Income under federal living arrangement D or (2) is a resident of a licensed
5.11residential facility and has unmet personal needs, the state standard of assistance is the
5.12personal needs allowance for medical assistance recipients under section 256B.35.

5.13    Sec. 5. Minnesota Statutes 2008, section 256J.24, subdivision 3, is amended to read:
5.14    Subd. 3. Individuals who must be excluded from an assistance unit. (a) The
5.15following individuals who are part of the assistance unit determined under subdivision 2
5.16are ineligible to receive MFIP:
5.17(1) individuals who are recipients of Supplemental Security Income or Minnesota
5.18supplemental aid;
5.19(2) individuals disqualified from the food stamp or food support program or MFIP,
5.20until the disqualification ends;
5.21(3) children on whose behalf federal, state or local foster care payments are made,
5.22except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2; and
5.23(4) children receiving ongoing monthly adoption assistance payments under section
5.24259.67 .; and
5.25(5) individuals disqualified from the work participation cash benefit program until
5.26that disqualification ends.
5.27(b) The exclusion of a person under this subdivision does not alter the mandatory
5.28assistance unit composition.

5.29    Sec. 6. Minnesota Statutes 2009 Supplement, section 256J.24, subdivision 5, is
5.30amended to read:
5.31    Subd. 5. MFIP transitional standard. The MFIP transitional standard is based
5.32on the number of persons in the assistance unit eligible for both food and cash assistance
5.33unless the restrictions in subdivision 6 on the birth of a child apply. The following table
6.1represents the transitional standards including a breakdown of the cash and food portions
6.2effective April October 1, 2009.

6.3

Number of Eligible People

Transitional Standard

Cash Portion

Food Portion

6.4	1	$428:	$250	$178
6.5	2	$764:	$437	$327
6.6	3	$1,005:	$532	$473
6.7	4	$1,217 $1,222:	$621	$596 $601
6.8	5	$1,393 $1,399:	$697	$696 $702
6.9	6	$1,602 $1,608:	$773	$829 $835
6.10	7	$1,748 $1,754:	$850	$898 $904
6.11	8	$1,934 $1,940:	$916	$1,018 $1,024
6.12	9	$2,119 $2,125:	$980	$1,139 $1,145
6.13	10	$2,298 $2,304:	$1,035	$1,263 $1,269
6.14	over 10	add $178:	$53	$125
6.15	per additional member.

6.16    The commissioner shall annually publish in the State Register the transitional
6.17standard for an assistance unit sizes 1 to 10 including a breakdown of the cash and food
6.18portions.

6.19    Sec. 7. Minnesota Statutes 2008, section 256J.24, subdivision 5a, is amended to read:
6.20    Subd. 5a. Food portion of MFIP transitional standard. The commissioner shall
6.21adjust the food portion of the MFIP transitional standard by October 1 each year beginning
6.22October 1998 as needed to reflect the cost-of-living adjustments to the Food Stamp
6.23Supplemental Nutrition Assistance Program. The commissioner shall annually publish
6.24in the State Register the transitional standard including a breakdown of the cash and
6.25food portions for an assistance unit of sizes one to ten in the State Register whenever an
6.26adjustment is made.

6.27    Sec. 8. Minnesota Statutes 2008, section 256J.24, subdivision 10, is amended to read:
6.28    Subd. 10. MFIP exit level. The commissioner shall adjust the MFIP earned income
6.29disregard to ensure that most participants do not lose eligibility for MFIP until their
6.30income reaches at least 115 percent of the federal poverty guidelines in effect in October
6.31of each fiscal year at the time of the adjustment. The adjustment to the disregard shall be
6.32based on a household size of three, and the resulting earned income disregard percentage
6.33must be applied to all household sizes. The adjustment under this subdivision must be
6.34implemented 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
6.36portion of the MFIP transitional standard as required under subdivision 5a.

7.1    Sec. 9. Minnesota Statutes 2008, section 256J.37, subdivision 3a, is amended to read:
7.2    Subd. 3a. Rental subsidies; unearned income. (a) Effective July 1, 2003, the
7.3county agency shall count $50 of the value of public and assisted rental subsidies provided
7.4through the Department of Housing and Urban Development (HUD) as unearned income
7.5to the cash portion of the MFIP grant. The full amount of the subsidy must be counted as
7.6unearned income when the subsidy is less than $50. The income from this subsidy shall
7.7be budgeted according to section 256J.34.
7.8(b) The provisions of this subdivision shall not apply to an MFIP assistance unit
7.9which includes a participant who is:
7.10(1) age 60 or older;
7.11(2) a caregiver who is suffering from an illness, injury, or incapacity that has
7.12been certified by a qualified professional when the illness, injury, or incapacity is
7.13expected to continue for more than 30 days and prevents the person from obtaining or
7.14retaining employment; severely limits the person's ability to obtain or maintain suitable
7.15employment; or
7.16(3) a caregiver whose presence in the home is required due to the illness or
7.17incapacity of another member in the assistance unit, a relative in the household, or a foster
7.18child in the household when the illness or incapacity and the need for the participant's
7.19presence in the home has been certified by a qualified professional and is expected to
7.20continue for more than 30 days.
7.21(c) The provisions of this subdivision shall not apply to an MFIP assistance unit
7.22where the parental caregiver is an SSI recipient.
7.23(d) Prior to implementing this provision, the commissioner must identify the MFIP
7.24participants subject to this provision and provide written notice to these participants at
7.25least 30 days before the first grant reduction. The notice must inform the participant of the
7.26basis for the potential grant reduction, the exceptions to the provision, if any, and inform
7.27the participant of the steps necessary to claim an exception. A person who is found not to
7.28meet one of the exceptions to the provision must be notified and informed of the right to a
7.29fair hearing under section 256J.40. The notice must also inform the participant that the
7.30participant may be eligible for a rent reduction resulting from a reduction in the MFIP
7.31grant and encourage the participant to contact the local housing authority.

7.32    Sec. 10. Minnesota Statutes 2009 Supplement, section 256J.425, subdivision 2,
7.33is amended to read:
7.34    Subd. 2. Ill or incapacitated. (a) An assistance unit subject to the time limit in
7.35section 256J.42, subdivision 1, is eligible to receive months of assistance under a hardship
8.1extension if the participant who reached the time limit belongs to any of the following
8.2groups:
8.3(1) participants who are suffering from an illness, injury, or incapacity which
8.4has been certified by a qualified professional when the illness, injury, or incapacity is
8.5expected to continue for more than 30 days and severely limits the person's ability to
8.6obtain or maintain suitable employment. These participants must follow the treatment
8.7recommendations of the qualified professional certifying the illness, injury, or incapacity;
8.8(2) participants whose presence in the home is required as a caregiver because of
8.9the illness, injury, or incapacity of another member in the assistance unit, a relative in the
8.10household, or a foster child in the household when the illness or incapacity and the need
8.11for a person to provide assistance in the home has been certified by a qualified professional
8.12and is expected to continue for more than 30 days; or
8.13(3) caregivers with a child or an adult in the household who meets the disability or
8.14medical criteria for home care services under section 256B.0651, subdivision 1, paragraph
8.15(c), or a home and community-based waiver services program under chapter 256B, or
8.16meets the criteria for severe emotional disturbance under section 245.4871, subdivision
8.176 , or for serious and persistent mental illness under section 245.462, subdivision 20,
8.18paragraph (c). Caregivers in this category are presumed to be prevented from obtaining or
8.19retaining maintaining suitable employment.
8.20(b) An assistance unit receiving assistance under a hardship extension under this
8.21subdivision may continue to receive assistance as long as the participant meets the criteria
8.22in paragraph (a), clause (1), (2), or (3).

8.23    Sec. 11. Minnesota Statutes 2008, section 256J.425, subdivision 5, is amended to read:
8.24    Subd. 5. Accrual of certain exempt months. (a) Participants who meet the criteria
8.25in clause (1), (2), or (3) and who are not eligible for assistance under a hardship extension
8.26under subdivision 2, paragraph (a), clause (3), this section shall be eligible for a hardship
8.27extension for a period of time equal to the number of months that were counted toward
8.28the federal 60-month time limit while the participant was a caregiver with a child or an
8.29adult in the household who meets the disability or medical criteria for home care services
8.30under section 256B.0651, subdivision 1, paragraph (c), or a home and community-based
8.31waiver services program under chapter 256B, or meets the criteria for severe emotional
8.32disturbance under section 245.4871, subdivision 6, or for serious and persistent mental
8.33illness under section 245.462, subdivision 20, paragraph (c), and who was subject to the
8.34requirements in section 256J.561, subdivision 2.
9.1(b) A participant who received TANF MFIP assistance that counted towards the
9.2federal 60-month time limit while the participant met the state time limit exemption
9.3criteria under section 256J.42, subdivision 4 or 5, is eligible for assistance under a
9.4hardship extension for a period of time equal to the number of months that were counted
9.5toward the federal 60-month time limit while the participant met the state time limit
9.6exemption criteria under section 256J.42, subdivision 4 or 5.
9.7(c) After the accrued months have been exhausted, the county agency must
9.8determine if the assistance unit is eligible for an extension under another extension
9.9category in subdivision 2, 3, or 4.
9.10(d) At the time of the case review, a county agency must explain to the participant
9.11the basis for receiving a hardship extension based on the accrual of exempt months.
9.12The participant must provide documentation necessary to enable the county agency to
9.13determine whether the participant is eligible to receive a hardship extension based on the
9.14accrual of exempt months or authorize a county agency to verify the information.
9.15(e) While receiving extended MFIP assistance under this subdivision, a participant is
9.16subject to the MFIP policies that apply to participants during the first 60 months of MFIP,
9.17unless the participant is a member of a two-parent family in which one parent is extended
9.18under subdivision 3 or 4. For two-parent families in which one parent is extended under
9.19subdivision 3 or 4, the sanction provisions in subdivision 6 shall apply.

9.20    Sec. 12. Minnesota Statutes 2009 Supplement, section 256J.521, subdivision 2,
9.21is amended to read:
9.22    Subd. 2. Employment plan; contents. (a) Based on the assessment under
9.23subdivision 1, the job counselor and the participant must develop an employment plan
9.24that 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
9.26participant the most direct path to unsubsidized employment and any subsequent steps that
9.27support long-term economic stability. The employment plan should be developed using
9.28the highest level of activity appropriate for the participant. Activities must be chosen from
9.29clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of
9.30preference for activities, priority must be given for activities related to a family violence
9.31waiver when developing the employment plan. The employment plan must also list the
9.32specific steps the participant will take to obtain employment, including steps necessary
9.33for the participant to progress from one level of activity to another, and a timetable for
9.34completion of each step. Levels of activity include:
9.35    (1) unsubsidized employment;
10.1    (2) job search;
10.2    (3) subsidized employment or unpaid work experience;
10.3    (4) unsubsidized employment and job readiness education or job skills training;
10.4    (5) unsubsidized employment or unpaid work experience and activities related to
10.5a family violence waiver or preemployment needs; and
10.6    (6) activities related to a family violence waiver or preemployment needs.
10.7    (b) Participants who are determined to possess sufficient skills such that the
10.8participant is likely to succeed in obtaining unsubsidized employment must job search at
10.9least 30 hours per week for up to six weeks and accept any offer of suitable employment.
10.10The remaining hours necessary to meet the requirements of section 256J.55, subdivision
10.111 , may be met through participation in other work activities under section 256J.49,
10.12subdivision 13 . The participant's employment plan must specify, at a minimum: (1)
10.13whether the job search is supervised or unsupervised; (2) support services that will
10.14be provided; and (3) how frequently the participant must report to the job counselor.
10.15Participants who are unable to find suitable employment after six weeks must meet
10.16with the job counselor to determine whether other activities in paragraph (a) should be
10.17incorporated into the employment plan. Job search activities which are continued after six
10.18weeks must be structured and supervised.
10.19    (c) Participants who are determined to have barriers to obtaining or retaining
10.20maintaining suitable employment that will not be overcome during six weeks of job search
10.21under paragraph (b) must work with the job counselor to develop an employment plan that
10.22addresses those barriers by incorporating appropriate activities from paragraph (a), clauses
10.23(1) to (6). The employment plan must include enough hours to meet the participation
10.24requirements in section 256J.55, subdivision 1, unless a compelling reason to require
10.25fewer hours is noted in the participant's file.
10.26    (d) The job counselor and the participant must sign the employment plan to indicate
10.27agreement on the contents.
10.28    (e) Except as provided under paragraph (f), failure to develop or comply with
10.29activities in the plan, or voluntarily quitting suitable employment without good cause, will
10.30result in the imposition of a sanction under section 256J.46.
10.31    (f) When a participant fails to meet the agreed-upon hours of participation in paid
10.32employment because the participant is not eligible for holiday pay and the participant's
10.33place of employment is closed for a holiday, the job counselor shall not impose a sanction
10.34or increase the hours of participation in any other activity, including paid employment, to
10.35offset the hours that were missed due to the holiday.
11.1    (g) Employment plans must be reviewed at least every three months to determine
11.2whether activities and hourly requirements should be revised. The job counselor is
11.3encouraged to allow participants who are participating in at least 20 hours of work
11.4activities to also participate in education and training activities in order to meet the federal
11.5hourly participation rates.

11.6    Sec. 13. Minnesota Statutes 2009 Supplement, section 256J.561, subdivision 3,
11.7is amended to read:
11.8    Subd. 3. Child under 12 months of age. (a) A participant who has a natural born
11.9child who is less than 12 months of age who meets the criteria in this subdivision is not
11.10required to participate in employment services until the child reaches 12 months of age.
11.11To be eligible for this provision exemption, the assistance unit must not have already
11.12used this provision or the previously allowed child under age one exemption. However,
11.13an assistance unit that has an approved child under age one exemption at the time this
11.14provision becomes effective may continue to use that exemption until the child reaches
11.15one 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.
11.19(b) The provision in paragraph (a) ends the first full month after the child reaches
11.2012 months of age. This provision is available only once in a caregiver's lifetime. In
11.21a two-parent household, only one parent shall be allowed to use this provision. The
11.22participant and job counselor must meet 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
11.24participant's employment plan.

11.25    Sec. 14. Minnesota Statutes 2009 Supplement, section 256J.66, subdivision 1, is
11.26amended to read:
11.27    Subdivision 1. Establishing the on-the-job training program. (a) County agencies
11.28may develop on-the-job training programs for MFIP caregivers who are participating in
11.29employment and training services. A county agency that chooses to provide on-the-job
11.30training may make payments to employers for on-the-job training costs that, during the
11.31period of the training, must not exceed 50 percent of the wages paid by the employer to
11.32the participant. The payments are deemed to be in compensation for the extraordinary
11.33costs associated with training participants under this section and in compensation for the
11.34costs associated with the lower productivity of the participants during training.
12.1(b) Provision of an on-the-job training program under the Workforce Investment Act
12.2of 1998, Public Law 105-220, in and of itself, does not qualify as an on-the-job training
12.3program under this section.
12.4(c) Employers must compensate participants in on-the-job training at the same
12.5rates, including periodic increases, as similarly situated employees or trainees and in
12.6accordance with applicable law, but in no event less than the federal or applicable state
12.7minimum wage, whichever is higher.

12.8    Sec. 15. Minnesota Statutes 2009 Supplement, section 256J.95, subdivision 3, is
12.9amended to read:
12.10    Subd. 3. Eligibility for diversionary work program. (a) Except for the categories
12.11of family units listed below, all family units who apply for cash benefits and who meet
12.12MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must participate
12.13in the diversionary work program. Family units or individuals that are not eligible for
12.14the diversionary work program include:
12.15    (1) child only cases;
12.16    (2) a single-parent family unit that includes a child under 12 months of age. A
12.17parent is eligible for this exception once in a parent's lifetime and is not eligible if the
12.18parent has already used the previously allowed child under age one exemption from MFIP
12.19employment services;
12.20    (3) a minor parent without a high school diploma or its equivalent;
12.21    (4) an 18- or 19-year-old caregiver without a high school diploma or its equivalent
12.22who chooses to have an employment plan with an education option;
12.23    (5) a caregiver age 60 or over;
12.24    (6) family units with a caregiver who received DWP benefits in the 12 months prior
12.25to the month the family applied for DWP, except as provided in paragraph (c);
12.26    (7) family units with a caregiver who received MFIP within the 12 months prior to
12.27the month the family unit applied for DWP;
12.28    (8) a family unit with a caregiver who received 60 or more months of TANF
12.29assistance;
12.30    (9) a family unit with a caregiver who is disqualified from the work participation
12.31cash benefit program, DWP, or MFIP due to fraud; and
12.32    (10) refugees and asylees as defined in Code of Federal Regulations, title 45, part
12.33400, subpart d, section 400.43, who arrived in the United States in the 12 months prior to
12.34the date of application for family cash assistance.
13.1    (b) A two-parent family must participate in DWP unless both caregivers meet the
13.2criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit
13.3includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), (9), or (10).
13.4    (c) Once DWP eligibility is determined, the four months run consecutively. If a
13.5participant leaves the program for any reason and reapplies during the four-month period,
13.6the county must redetermine eligibility for DWP.

13.7    Sec. 16. Minnesota Statutes 2009 Supplement, section 256J.95, subdivision 11, is
13.8amended to read:
13.9    Subd. 11. Universal participation required. (a) All DWP caregivers, except
13.10caregivers who meet the criteria in paragraph (d), are required to participate in DWP
13.11employment services. Except as specified in paragraphs (b) and (c), employment plans
13.12under DWP must, at a minimum, meet the requirements in section 256J.55, subdivision 1.
13.13(b) A caregiver who is a member of a two-parent family that is required to participate
13.14in DWP who would otherwise be ineligible for DWP under subdivision 3 may be allowed
13.15to develop an employment plan under section 256J.521, subdivision 2, that may contain
13.16alternate activities and reduced hours.
13.17(c) A participant who is a victim of family violence shall be allowed to develop an
13.18employment plan under section 256J.521, subdivision 3. A claim of family violence must
13.19be documented by the applicant or participant by providing a sworn statement which is
13.20supported by collateral documentation in section 256J.545, paragraph (b).
13.21(d) One parent in a two-parent family unit that has a natural born child under
13.2212 months of age is not required to have an employment plan until the child reaches
13.2312 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
13.25section 256J.56, paragraph (a), clause (5).
13.26(e) The provision in paragraph (d) ends the first full month after the child reaches
13.2712 months of age. This provision is allowable only once in a caregiver's lifetime. In a
13.28two-parent household, only one parent shall be allowed to use this category.
13.29(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
13.31employment plan. The employment plan for a family unit that has a child under 12 months
13.32of age that has already used the exclusion in section 256J.561 or the previously allowed
13.33child under age one exemption under section 256J.56, paragraph (a), clause (5), must be
13.34tailored to recognize the caregiving needs of the parent.

14.1ARTICLE 2

14.2EARLY CHILDHOOD DEVELOPMENT

14.3    Section 1. Minnesota Statutes 2008, section 119B.189, is amended by adding a
14.4subdivision 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.

14.8    Sec. 2. Minnesota Statutes 2008, section 119B.189, is amended by adding a subdivision
14.9to read:
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.

14.16    Sec. 3. Minnesota Statutes 2008, section 119B.19, subdivision 7, is amended to read:
14.17    Subd. 7. Child care resource and referral programs. Within each region, a child
14.18care resource and referral program must:
14.19(1) maintain one database of all existing child care resources and services and one
14.20database of family referrals;
14.21(2) provide a child care referral service for families;
14.22(3) develop resources to meet the child care service needs of families;
14.23(4) increase the capacity to provide culturally responsive child care services;
14.24(5) coordinate professional development opportunities for child care and school-age
14.25care providers;
14.26(6) administer and award child care services grants;
14.27(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
14.29its member programs to develop effective child care services and child care resources; and
14.30(9) (8) assist in fostering coordination, collaboration, and planning among child care
14.31programs and community programs such as school readiness, Head Start, early childhood
14.32family education, local interagency early intervention committees, early childhood
14.33screening, special education services, and other early childhood care and education
15.1services and programs that provide flexible, family-focused services to families with
15.2young children to the extent possible.

15.3    Sec. 4. Minnesota Statutes 2008, section 119B.21, as amended by Laws 2009, chapter
15.479, article 2, sections 3 and 4, is amended to read:
15.5119B.21 CHILD CARE SERVICES GRANTS.
15.6    Subdivision 1. Distribution of grant funds. (a) The commissioner shall distribute
15.7funds to the child care resource and referral programs designated under section 119B.19,
15.8subdivision 1a , for child care services grants to centers under subdivision 5 and family
15.9child care technical assistance grants under subdivision 10 programs based upon the
15.10following factors.
15.11(b) Up to ten percent of funds appropriated for grants under this section may be used
15.12by the commissioner for statewide child care development initiatives, training initiatives,
15.13collaboration programs, and research and data collection. The commissioner shall develop
15.14eligibility guidelines and a process to distribute funds under this paragraph. Child care
15.15resource and referral programs may apply for funding under this paragraph.
15.16(c) At least 90 percent of funds appropriated for grants under this section may be
15.17distributed by the commissioner to child care resource and referral programs under section
15.18119B.19, subdivision 1a , for child care services center grants and family child care
15.19technical assistance grants based on the following factors:
15.20(1) the number of children under 13 years of age needing child care in the region;
15.21(2) the region served by the program;
15.22(3) the ratio of children under 13 years of age needing child care to the number
15.23of licensed spaces in the region;
15.24(4) the number of licensed child care providers and school-age care programs
15.25in the region; and
15.26(5) other related factors determined by the commissioner.
15.27(d) Child care resource and referral programs must award child care services center
15.28grants and family child care technical assistance grants based on the recommendation of
15.29the child care regional district proposal review committees under subdivision 3.
15.30(e) The commissioner may distribute funds under this section for a two-year period.
15.31    Subd. 3. Child care regional district proposal review committees. (a) Child care
15.32regional district proposal review committees must establish regional priorities and review
15.33applications for family child care technical assistance grants and child care services center
15.34grants under this section and make funding recommendations to the child care resource
15.35and referral program designated under section 119B.19, subdivision 1a. Within each
16.1region, the committee must allocate available funding between child care services grants
16.2and child care technical assistance grants. The committee must also allocate funding for
16.3child 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
16.5regional district proposal review committees must complete their reviews and forward
16.6their recommendations to the child care resource and referral program district programs
16.7by the date specified by the commissioner.
16.8(b) A child care resource and referral district program shall establish a process to
16.9select members of the child care regional district proposal review committee. Members
16.10must represent reflect a broad cross-section of the community, and may include the
16.11following constituent groups: family child care providers, child care center providers,
16.12school-age care providers, parents who use child care services, health services, social
16.13services, public schools, Head Start, employers, representatives of cultural and ethnic
16.14communities, and other citizens with demonstrated interest in child care issues. Members
16.15of the proposal review committee with a direct financial interest in a pending grant
16.16proposal may not provide a recommendation or participate in the ranking of that grant
16.17proposal.
16.18(c) The child care resource and referral district program may reimburse committee
16.19members for their actual travel, child care, and child care provider substitute expenses for
16.20up to six two committee meetings per year. The program may also pay a stipend to parent
16.21representatives for participating in up to six two meetings per year.
16.22    Subd. 5. Child care services grants. (a) A child care resource and referral program
16.23designated under section 119B.19, subdivision 1a, may award child care services grants
16.24for:
16.25    (1) creating new licensed child care facilities and expanding existing facilities,
16.26including, but not limited to, supplies, equipment, facility renovation, and remodeling;
16.27    (2) improving licensed child care facility programs;
16.28    (3) staff training and development services including, but not limited to, in-service
16.29training, curriculum development, accreditation, certification, consulting, resource
16.30centers, program and resource materials, supporting effective teacher-child interactions,
16.31child-focused teaching, and content-driven classroom instruction;
16.32    (4) interim financing;
16.33    (5) (4) capacity building through the purchase of appropriate technology to create,
16.34enhance, and maintain business management systems;
16.35    (6) (5) emergency assistance for child care programs;
17.1    (7) (6) new programs or projects for the creation, expansion, or improvement of
17.2programs that serve ethnic immigrant and refugee communities; and
17.3    (8) (7) targeted recruitment initiatives to expand and build the capacity of the child
17.4care system and to improve the quality of care provided by legal nonlicensed child care
17.5providers.
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
17.10licensing requirements;
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
17.14systems;
17.15(5) start-up costs;
17.16(6) staff training and development; and
17.17(7) other uses approved by the commissioner.
17.18    (b) (c) A child care resource and referral program designated under section 119B.19,
17.19subdivision 1a , may award child care services grants to:
17.20    (1) licensed providers;
17.21    (2) providers in the process of being licensed;
17.22    (3) corporations or public agencies that develop or provide child care services;
17.23    (4) school-age care programs;
17.24    (5) legal nonlicensed or family, friend, and neighbor care providers; or
17.25    (6) any combination of clauses (1) to (5).
17.26    (c) (d) A child care center that is a recipient of a child care services grant for facility
17.27improvements, interim financing, or staff training and development must provide a 25
17.28percent local match. A local match is not required for grants to family child care providers.
17.29(d) (e) Beginning July 1, 2009, grants to child care centers under this subdivision
17.30shall be increasingly awarded for activities that improve provider quality, including
17.31activities under paragraph (a), clauses (1) to (3) and (7) (6). 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).
17.34    Subd. 10. Family child care technical assistance grants. (a) A child care resource
17.35and referral organization designated under section 119B.19, subdivision 1a, may award
17.36technical 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
18.2licensing 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
18.6systems;
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
18.11assistance 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
18.17awarded for activities that improve provider quality, including activities under paragraph
18.18(a), clauses (1), (3), and (6).

18.19ARTICLE 3

18.20CHILD WELFARE

18.21    Section 1. Minnesota Statutes 2008, section 245A.04, subdivision 11, is amended to
18.22read:
18.23    Subd. 11. Education program; permitted ages, additional requirement. (a) The
18.24education program offered in a residential or nonresidential program, except for child care,
18.25foster care, or services for adults, must be approved by the commissioner of education
18.26before the commissioner of human services may grant a license to the program.
18.27    (b) A residential program licensed by the commissioner of human services under
18.28Minnesota Rules, parts 2960.0010 to 2960.0710, may serve persons through the age of
18.2919 when:
18.30    (1) the admission or continued stay is necessary for a person to complete a secondary
18.31school program or its equivalent, or it is necessary to facilitate a transition period after
18.32completing the secondary school program or its equivalent for up to four months in order
18.33for the resident to obtain other living arrangements;
18.34    (2) the facility develops policies, procedures, and plans required under section
18.35245A.65 ;
19.1    (3) the facility documents an assessment of the 18- or 19-year-old person's risk
19.2of victimizing children residing in the facility, and develops necessary risk reduction
19.3measures, including sleeping arrangements, to minimize any risk of harm to children; and
19.4    (4) notwithstanding the license holder's target population age range, whenever
19.5persons age 18 or 19 years old are receiving residential services, the age difference among
19.6residents may not exceed five years.
19.7    (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,
19.13employment;
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.
19.18(d) Nothing in this paragraph precludes the license holder from seeking other
19.19variances under subdivision 9.

19.20    Sec. 2. Minnesota Statutes 2008, section 256.01, is amended by adding a subdivision
19.21to read:
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.

19.31    Sec. 3. Minnesota Statutes 2008, section 256.82, subdivision 3, is amended to read:
19.32    Subd. 3. Setting foster care standard rates. The commissioner shall annually
19.33establish minimum standard maintenance rates for foster care maintenance and difficulty
20.1of care payments for all children in foster care. Any increase in rates shall in no case
20.2exceed three percent per annum.

20.3    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.
20.6    (a) Once a child alleged to be in need of protection or services is under the court's
20.7jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
20.8services, by the social services agency are made to prevent placement or to eliminate the
20.9need for removal and to reunite the child with the child's family at the earliest possible
20.10time, and the court must ensure that the responsible social services agency makes
20.11reasonable efforts to finalize an alternative permanent plan for the child as provided in
20.12paragraph (e). In determining reasonable efforts to be made with respect to a child and in
20.13making those reasonable efforts, the child's best interests, health, and safety must be of
20.14paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
20.15reunification are always required except upon a determination by the court that a petition
20.16has been filed stating a prima facie case that:
20.17    (1) the parent has subjected a child to egregious harm as defined in section
20.18260C.007, subdivision 14 ;
20.19    (2) the parental rights of the parent to another child have been terminated
20.20involuntarily;
20.21    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
20.22paragraph (a), clause (2);
20.23    (4) the parent's custodial rights to another child have been involuntarily transferred
20.24to a relative under section 260C.201, subdivision 11, paragraph (e) (d), clause (1), or a
20.25similar law of another jurisdiction; or
20.26    (5) the provision of services or further services for the purpose of reunification is
20.27futile and therefore unreasonable under the circumstances.
20.28    (b) When the court makes one of the prima facie determinations under paragraph (a),
20.29either permanency pleadings under section 260C.201, subdivision 11, or a termination
20.30of parental rights petition under sections 260C.141 and 260C.301 must be filed. A
20.31permanency hearing under section 260C.201, subdivision 11, must be held within 30
20.32days of this determination.
20.33    (c) In the case of an Indian child, in proceedings under sections 260B.178 or
20.34260C.178 , 260C.201, and 260C.301 the juvenile court must make findings and conclusions
20.35consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section
21.11901 et seq., as to the provision of active efforts. In cases governed by the Indian Child
21.2Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social
21.3services agency must provide active efforts as required under United States Code, title
21.425, section 1911(d).
21.5    (d) "Reasonable efforts to prevent placement" means:
21.6    (1) the agency has made reasonable efforts to prevent the placement of the child in
21.7foster care by working with the family to develop and implement a safety plan; or
21.8    (2) given the particular circumstances of the child and family at the time of the
21.9child's removal, there are no services or efforts available which could allow the child to
21.10safely remain in the home.
21.11    (e) "Reasonable efforts to finalize a permanent plan for the child" means due
21.12diligence by the responsible social services agency to:
21.13    (1) reunify the child with the parent or guardian from whom the child was removed;
21.14    (2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
21.15where appropriate, provide services necessary to enable the noncustodial parent to safely
21.16provide the care, as required by section 260C.212, subdivision 4;
21.17    (3) conduct a relative search to identify and provide notice to adult relatives as
21.18required under section 260C.212, subdivision 5;
21.19(4) place siblings removed from their home in the same home for foster care or
21.20adoption, or transfer permanent legal and physical custody to a relative. Visitation
21.21between siblings who are not in the same foster care, adoption, or custodial placement or
21.22facility shall be consistent with section 260C.212, subdivision 2; and
21.23    (5) when the child cannot return to the parent or guardian from whom the child was
21.24removed, to plan for and finalize a safe and legally permanent alternative home for the
21.25child, and considers permanent alternative homes for the child inside or outside of the
21.26state, preferably through adoption or transfer of permanent legal and physical custody of
21.27the child.
21.28    (f) Reasonable efforts are made upon the exercise of due diligence by the responsible
21.29social services agency to use culturally appropriate and available services to meet the
21.30needs of the child and the child's family. Services may include those provided by the
21.31responsible social services agency and other culturally appropriate services available in
21.32the community. At each stage of the proceedings where the court is required to review
21.33the appropriateness of the responsible social services agency's reasonable efforts as
21.34described in paragraphs (a), (d), and (e), the social services agency has the burden of
21.35demonstrating that:
21.36    (1) it has made reasonable efforts to prevent placement of the child in foster care;
22.1    (2) it has made reasonable efforts to eliminate the need for removal of the child from
22.2the child's home and to reunify the child with the child's family at the earliest possible time;
22.3    (3) it has made reasonable efforts to finalize an alternative permanent home for
22.4the child, and considers permanent alternative homes for the child inside or outside of
22.5the state; or
22.6    (4) reasonable efforts to prevent placement and to reunify the child with the parent
22.7or guardian are not required. The agency may meet this burden by stating facts in a sworn
22.8petition filed under section 260C.141, by filing an affidavit summarizing the agency's
22.9reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
22.10efforts to reunify the parent and child, or through testimony or a certified report required
22.11under juvenile court rules.
22.12    (g) Once the court determines that reasonable efforts for reunification are not
22.13required because the court has made one of the prima facie determinations under paragraph
22.14(a), the court may only require reasonable efforts for reunification after a hearing according
22.15to section 260C.163, where the court finds there is not clear and convincing evidence of
22.16the facts upon which the court based its prima facie determination. In this case when there
22.17is clear and convincing evidence that the child is in need of protection or services, the
22.18court may find the child in need of protection or services and order any of the dispositions
22.19available under section 260C.201, subdivision 1. Reunification of a surviving child with a
22.20parent is not required if the parent has been convicted of:
22.21    (1) a violation of, or an attempt or conspiracy to commit a violation of, sections
22.22609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
22.23parent;
22.24    (2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the
22.25surviving child; or
22.26    (3) a violation of, or an attempt or conspiracy to commit a violation of, United States
22.27Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.
22.28    (h) The juvenile court, in proceedings under sections 260B.178 or 260C.178,
22.29260C.201 , and 260C.301 shall make findings and conclusions as to the provision of
22.30reasonable efforts. When determining whether reasonable efforts have been made, the
22.31court shall consider whether services to the child and family were:
22.32    (1) relevant to the safety and protection of the child;
22.33    (2) adequate to meet the needs of the child and family;
22.34    (3) culturally appropriate;
22.35    (4) available and accessible;
22.36    (5) consistent and timely; and
23.1    (6) realistic under the circumstances.
23.2    In the alternative, the court may determine that provision of services or further
23.3services for the purpose of rehabilitation is futile and therefore unreasonable under the
23.4circumstances or that reasonable efforts are not required as provided in paragraph (a).
23.5    (i) This section does not prevent out-of-home placement for treatment of a child with
23.6a mental disability when it is determined to be medically necessary as a result of the child's
23.7diagnostic assessment or individual treatment plan indicates that appropriate and necessary
23.8treatment cannot be effectively provided outside of a residential or inpatient treatment
23.9program and the level or intensity of supervision and treatment cannot be effectively and
23.10safely provided in the child's home or community and it is determined that a residential
23.11treatment setting is the least restrictive setting that is appropriate to the needs of the child.
23.12    (j) If continuation of reasonable efforts to prevent placement or reunify the child
23.13with the parent or guardian from whom the child was removed is determined by the court
23.14to be inconsistent with the permanent plan for the child or upon the court making one of
23.15the prima facie determinations under paragraph (a), reasonable efforts must be made to
23.16place the child in a timely manner in a safe and permanent home and to complete whatever
23.17steps are necessary to legally finalize the permanent placement of the child.
23.18    (k) Reasonable efforts to place a child for adoption or in another permanent
23.19placement may be made concurrently with reasonable efforts to prevent placement or to
23.20reunify the child with the parent or guardian from whom the child was removed. When
23.21the responsible social services agency decides to concurrently make reasonable efforts for
23.22both reunification and permanent placement away from the parent under paragraph (a), the
23.23agency shall disclose its decision and both plans for concurrent reasonable efforts to all
23.24parties and the court. When the agency discloses its decision to proceed on both plans for
23.25reunification and permanent placement away from the parent, the court's review of the
23.26agency's reasonable efforts shall include the agency's efforts under both plans.

23.27    Sec. 5. Minnesota Statutes 2008, section 260C.007, subdivision 4, is amended to read:
23.28    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.

23.31    Sec. 6. Minnesota Statutes 2008, section 260C.193, subdivision 6, is amended to read:
23.32    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
24.11otherwise terminate its jurisdiction on its own motion or on the motion or petition of any
24.12interested party at any time upon a determination that jurisdiction is no longer necessary to
24.13protect the child's best interests.
24.14(c) Unless terminated by the court, and except as otherwise provided in this
24.15subdivision, the jurisdiction of the court shall continue until the individual child becomes
24.1619 18 years of age if the court determines it is in the best interest of the individual to do so.

24.17    Sec. 7. Minnesota Statutes 2008, section 260C.201, subdivision 10, is amended to read:
24.18    Subd. 10. Court review of foster care. (a) If the court orders a child placed in
24.19foster care, the court shall review the out-of-home placement at least every 90 days as
24.20required in juvenile court rules to determine whether continued out-of-home placement is
24.21necessary and appropriate or whether the child should be returned home. This review is
24.22not required if the court has returned the child home, ordered the child permanently placed
24.23away from the parent under subdivision 11, or terminated rights under section 260C.301.
24.24Court review for a child permanently placed away from a parent, including where the
24.25child is under guardianship and legal custody of the commissioner, shall be governed by
24.26subdivision 11 or section 260C.317, subdivision 3, whichever is applicable.
24.27(b) No later than six months after the child's placement in foster care, the court shall
24.28review agency efforts pursuant to section 260C.212, subdivision 2, and order that the
24.29efforts continue if the agency has failed to perform the duties under that section.
24.30(c) The court shall review the out-of-home placement plan and may modify the plan
24.31as provided under subdivisions 6 and 7.
24.32(d) When the court orders transfer of custody to a responsible social services
24.33agency resulting in foster care or protective supervision with a noncustodial parent under
24.34subdivision 1, the court shall notify the parents of the provisions of subdivisions 11 and
24.3511a 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.

25.5    Sec. 8. Minnesota Statutes 2009 Supplement, section 260C.212, subdivision 7, is
25.6amended to read:
25.7    Subd. 7. Administrative or court review of placements. (a) There shall be an
25.8administrative review of the out-of-home placement plan of each child placed in foster
25.9care no later than 180 days after the initial placement of the child in foster care and at least
25.10every six months thereafter if the child is not returned to the home of the parent or parents
25.11within that time. The out-of-home placement plan must be monitored and updated at each
25.12administrative review. The administrative review shall be conducted by the responsible
25.13social services agency using a panel of appropriate persons at least one of whom is not
25.14responsible for the case management of, or the delivery of services to, either the child or
25.15the parents who are the subject of the review. The administrative review shall be open to
25.16participation by the parent or guardian of the child and the child, as appropriate.
25.17    (b) As an alternative to the administrative review required in paragraph (a), the court
25.18may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
25.19Procedure, conduct a hearing to monitor and update the out-of-home placement plan
25.20pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d).
25.21The party requesting review of the out-of-home placement plan shall give parties to the
25.22proceeding notice of the request to review and update the out-of-home placement plan.
25.23A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11;
25.24260C.141, subdivision 2 or 2a, clause (2); or 260C.317 shall satisfy the requirement for
25.25the review so long as the other requirements of this section are met.
25.26    (c) As appropriate to the stage of the proceedings and relevant court orders, the
25.27responsible social services agency or the court shall review:
25.28    (1) the safety, permanency needs, and well-being of the child;
25.29    (2) the continuing necessity for and appropriateness of the placement;
25.30    (3) the extent of compliance with the out-of-home placement plan;
25.31    (4) the extent of progress which has been made toward alleviating or mitigating the
25.32causes necessitating placement in foster care;
25.33    (5) the projected date by which the child may be returned to and safely maintained in
25.34the home or placed permanently away from the care of the parent or parents or guardian;
25.35and
26.1    (6) the appropriateness of the services provided to the child.
26.2    (d) When a child is age 16 or older, in addition to any administrative review
26.3conducted by the agency, at the review required under section 260C.201, subdivision 11,
26.4paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall
26.5review the independent living plan required under subdivision 1, paragraph (c), clause
26.6(11), and the provision of services to the child related to the well-being of the child as
26.7the child prepares to leave foster care. The review shall include the actual plans related
26.8to each item in the plan necessary to the child's future safety and well-being when the
26.9child is no longer in foster care.
26.10    (1) At the court review, the responsible social services agency shall establish that it
26.11has given the notice required under section 260C.456 or Minnesota Rules, part 9560.0060
26.129560.0660, regarding the right to continued access to services for certain children in
26.13foster care past age 18 and of the right to appeal a denial of social services under section
26.14256.045 . If the agency is unable to establish that the notice, including the right to appeal a
26.15denial of social services, has been given, the court shall require the agency to give it.
26.16    (2) Consistent with the requirements of the independent living plan, the court shall
26.17make findings regarding review progress toward or accomplishment of the following goals:
26.18    (i) the child has obtained a high school diploma or its equivalent;
26.19    (ii) the child has completed a driver's education course or has demonstrated the
26.20ability to use public transportation in the child's community;
26.21    (iii) the child is employed or enrolled in postsecondary education;
26.22    (iv) the child has applied for and obtained postsecondary education financial aid for
26.23which the child is eligible;
26.24    (v) the child has health care coverage and health care providers to meet the child's
26.25physical and mental health needs;
26.26    (vi) the child has applied for and obtained disability income assistance for which
26.27the child is eligible;
26.28    (vii) the child has obtained affordable housing with necessary supports, which does
26.29not include a homeless shelter;
26.30    (viii) the child has saved sufficient funds to pay for the first month's rent and a
26.31damage deposit;
26.32    (ix) the child has an alternative affordable housing plan, which does not include a
26.33homeless shelter, if the original housing plan is unworkable;
26.34    (x) the child, if male, has registered for the Selective Service; and
26.35    (xi) the child has a permanent connection to a caring adult.
27.1    (3) The court shall ensure that the responsible agency in conjunction with the
27.2placement provider assists the child in obtaining the following documents prior to the
27.3child's leaving foster care: a Social Security card; the child's birth certificate; a state
27.4identification card or driver's license, green card, or school visa; the child's school,
27.5medical, and dental records; a contact list of the child's medical, dental, and mental health
27.6providers; and contact information for the child's siblings, if the siblings are in foster care.
27.7    (e) When a child is age 17 or older, during the 90-day period immediately prior to
27.8the date the child is expected to be discharged from foster care, the responsible social
27.9services agency is required to provide the child with assistance and support in developing
27.10a transition plan that is personalized at the direction of the child. The transition plan
27.11must be as detailed as the child may elect and include specific options on housing, health
27.12insurance, education, local opportunities for mentors and continuing support services,
27.13and work force supports and employment services. The county shall also provide the
27.14individual with appropriate contact information if the individual needs more information
27.15or needs help dealing with a crisis situation through age 21.

27.16    Sec. 9. Minnesota Statutes 2008, section 260C.451, is amended to read:
27.17260C.451 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
27.20children or children under state guardianship for which benefits are made available on June
27.211, 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
27.32plan.
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
28.4employment;
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
28.7medical condition.
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.

28.31    Sec. 10. Minnesota Statutes 2008, section 626.556, subdivision 10, is amended to read:
28.32    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
28.34whether to conduct a family assessment or an investigation as appropriate to prevent or
28.35provide a remedy for child maltreatment. The local welfare agency:
29.1    (1) shall conduct an investigation on reports involving substantial child
29.2endangerment;
29.3    (2) shall begin an immediate investigation if, at any time when it is using a family
29.4assessment response, it determines that there is reason to believe that substantial child
29.5endangerment or a serious threat to the child's safety exists;
29.6    (3) may conduct a family assessment for reports that do not allege substantial child
29.7endangerment. In determining that a family assessment is appropriate, the local welfare
29.8agency may consider issues of child safety, parental cooperation, and the need for an
29.9immediate response; and
29.10    (4) may conduct a family assessment on a report that was initially screened and
29.11assigned for an investigation. In determining that a complete investigation is not required,
29.12the local welfare agency must document the reason for terminating the investigation and
29.13notify the local law enforcement agency if the local law enforcement agency is conducting
29.14a joint investigation.
29.15    If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
29.16or individual functioning within the family unit as a person responsible for the child's
29.17care, or sexual abuse by a person with a significant relationship to the child when that
29.18person resides in the child's household or by a sibling, the local welfare agency shall
29.19immediately conduct a family assessment or investigation as identified in clauses (1) to
29.20(4). In conducting a family assessment or investigation, the local welfare agency shall
29.21gather information on the existence of substance abuse and domestic violence and offer
29.22services for purposes of preventing future child maltreatment, safeguarding and enhancing
29.23the welfare of the abused or neglected minor, and supporting and preserving family
29.24life whenever possible. If the report alleges a violation of a criminal statute involving
29.25sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the
29.26local law enforcement agency and local welfare agency shall coordinate the planning and
29.27execution of their respective investigation and assessment efforts to avoid a duplication of
29.28fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of
29.29the results of its investigation. In cases of alleged child maltreatment resulting in death,
29.30the local agency may rely on the fact-finding efforts of a law enforcement investigation
29.31to make a determination of whether or not maltreatment occurred. When necessary the
29.32local welfare agency shall seek authority to remove the child from the custody of a parent,
29.33guardian, or adult with whom the child is living. In performing any of these duties, the
29.34local welfare agency shall maintain appropriate records.
29.35    If the family assessment or investigation indicates there is a potential for abuse of
29.36alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
30.1the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
30.2Rules, part 9530.6615. The local welfare agency shall report the determination of the
30.3chemical use assessment, and the recommendations and referrals for alcohol and other
30.4drug treatment services to the state authority on alcohol and drug abuse.
30.5    (b) When a local agency receives a report or otherwise has information indicating
30.6that a child who is a client, as defined in section 245.91, has been the subject of physical
30.7abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
30.8245.91 , it shall, in addition to its other duties under this section, immediately inform the
30.9ombudsman established under sections 245.91 to 245.97. The commissioner of education
30.10shall inform the ombudsman established under sections 245.91 to 245.97 of reports
30.11regarding a child defined as a client in section 245.91 that maltreatment occurred at a
30.12school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
30.13    (c) Authority of the local welfare agency responsible for assessing or investigating
30.14the child abuse or neglect report, the agency responsible for assessing or investigating
30.15the report, and of the local law enforcement agency for investigating the alleged abuse or
30.16neglect includes, but is not limited to, authority to interview, without parental consent,
30.17the alleged victim and any other minors who currently reside with or who have resided
30.18with the alleged offender. The interview may take place at school or at any facility or
30.19other place where the alleged victim or other minors might be found or the child may be
30.20transported to, and the interview conducted at, a place appropriate for the interview of a
30.21child designated by the local welfare agency or law enforcement agency. The interview
30.22may take place outside the presence of the alleged offender or parent, legal custodian,
30.23guardian, or school official. For family assessments, it is the preferred practice to request
30.24a parent or guardian's permission to interview the child prior to conducting the child
30.25interview, unless doing so would compromise the safety assessment. Except as provided in
30.26this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible
30.27local welfare or law enforcement agency no later than the conclusion of the investigation
30.28or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota
30.29Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte
30.30motion by the local welfare agency, order that, where reasonable cause exists, the agency
30.31withhold notification of this interview from the parent, legal custodian, or guardian. If the
30.32interview took place or is to take place on school property, the order shall specify that
30.33school officials may not disclose to the parent, legal custodian, or guardian the contents
30.34of the notification of intent to interview the child on school property, as provided under
30.35this paragraph, and any other related information regarding the interview that may be a
31.1part of the child's school record. A copy of the order shall be sent by the local welfare or
31.2law enforcement agency to the appropriate school official.
31.3    (d) When the local welfare, local law enforcement agency, or the agency responsible
31.4for assessing or investigating a report of maltreatment determines that an interview should
31.5take place on school property, written notification of intent to interview the child on school
31.6property must be received by school officials prior to the interview. The notification
31.7shall include the name of the child to be interviewed, the purpose of the interview, and
31.8a reference to the statutory authority to conduct an interview on school property. For
31.9interviews conducted by the local welfare agency, the notification shall be signed by the
31.10chair of the local social services agency or the chair's designee. The notification shall be
31.11private data on individuals subject to the provisions of this paragraph. School officials
31.12may not disclose to the parent, legal custodian, or guardian the contents of the notification
31.13or any other related information regarding the interview until notified in writing by the
31.14local welfare or law enforcement agency that the investigation or assessment has been
31.15concluded, unless a school employee or agent is alleged to have maltreated the child.
31.16Until that time, the local welfare or law enforcement agency or the agency responsible
31.17for assessing or investigating a report of maltreatment shall be solely responsible for any
31.18disclosures regarding the nature of the assessment or investigation.
31.19    Except where the alleged offender is believed to be a school official or employee,
31.20the time and place, and manner of the interview on school premises shall be within the
31.21discretion of school officials, but the local welfare or law enforcement agency shall have
31.22the exclusive authority to determine who may attend the interview. The conditions as to
31.23time, place, and manner of the interview set by the school officials shall be reasonable and
31.24the interview shall be conducted not more than 24 hours after the receipt of the notification
31.25unless another time is considered necessary by agreement between the school officials and
31.26the local welfare or law enforcement agency. Where the school fails to comply with the
31.27provisions of this paragraph, the juvenile court may order the school to comply. Every
31.28effort must be made to reduce the disruption of the educational program of the child, other
31.29students, or school staff when an interview is conducted on school premises.
31.30    (e) Where the alleged offender or a person responsible for the care of the alleged
31.31victim or other minor prevents access to the victim or other minor by the local welfare
31.32agency, the juvenile court may order the parents, legal custodian, or guardian to produce
31.33the alleged victim or other minor for questioning by the local welfare agency or the local
31.34law enforcement agency outside the presence of the alleged offender or any person
31.35responsible for the child's care at reasonable places and times as specified by court order.
32.1    (f) Before making an order under paragraph (e), the court shall issue an order to
32.2show cause, either upon its own motion or upon a verified petition, specifying the basis for
32.3the requested interviews and fixing the time and place of the hearing. The order to show
32.4cause shall be served personally and shall be heard in the same manner as provided in
32.5other cases in the juvenile court. The court shall consider the need for appointment of a
32.6guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
32.7litem shall be present at the hearing on the order to show cause.
32.8    (g) The commissioner of human services, the ombudsman for mental health and
32.9developmental disabilities, the local welfare agencies responsible for investigating reports,
32.10the commissioner of education, and the local law enforcement agencies have the right to
32.11enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
32.12including medical records, as part of the investigation. Notwithstanding the provisions of
32.13chapter 13, they also have the right to inform the facility under investigation that they are
32.14conducting an investigation, to disclose to the facility the names of the individuals under
32.15investigation for abusing or neglecting a child, and to provide the facility with a copy of
32.16the report and the investigative findings.
32.17    (h) The local welfare agency responsible for conducting a family assessment or
32.18investigation shall collect available and relevant information to determine child safety,
32.19risk of subsequent child maltreatment, and family strengths and needs and share not public
32.20information with an Indian's tribal social services agency without violating any law of the
32.21state that may otherwise impose duties of confidentiality on the local welfare agency in
32.22order to implement the tribal state agreement. The local welfare agency or the agency
32.23responsible for investigating the report shall collect available and relevant information
32.24to ascertain whether maltreatment occurred and whether protective services are needed.
32.25Information collected includes, when relevant, information with regard to the person
32.26reporting the alleged maltreatment, including the nature of the reporter's relationship to the
32.27child and to the alleged offender, and the basis of the reporter's knowledge for the report;
32.28the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
32.29collateral sources having relevant information related to the alleged maltreatment. The
32.30local welfare agency or the agency responsible for assessing or investigating the report
32.31may make a determination of no maltreatment early in an assessment, and close the case
32.32and retain immunity, if the collected information shows no basis for a full assessment or
32.33investigation.
32.34    Information relevant to the assessment or investigation must be asked for, and
32.35may include:
33.1    (1) the child's sex and age, prior reports of maltreatment, information relating
33.2to developmental functioning, credibility of the child's statement, and whether the
33.3information provided under this clause is consistent with other information collected
33.4during the course of the assessment or investigation;
33.5    (2) the alleged offender's age, a record check for prior reports of maltreatment, and
33.6criminal charges and convictions. The local welfare agency or the agency responsible for
33.7assessing or investigating the report must provide the alleged offender with an opportunity
33.8to make a statement. The alleged offender may submit supporting documentation relevant
33.9to the assessment or investigation;
33.10    (3) collateral source information regarding the alleged maltreatment and care of the
33.11child. Collateral information includes, when relevant: (i) a medical examination of the
33.12child; (ii) prior medical records relating to the alleged maltreatment or the care of the
33.13child maintained by any facility, clinic, or health care professional and an interview with
33.14the treating professionals; and (iii) interviews with the child's caretakers, including the
33.15child's parent, guardian, foster parent, child care provider, teachers, counselors, family
33.16members, relatives, and other persons who may have knowledge regarding the alleged
33.17maltreatment and the care of the child; and
33.18    (4) information on the existence of domestic abuse and violence in the home of
33.19the child, and substance abuse.
33.20    Nothing in this paragraph precludes the local welfare agency, the local law
33.21enforcement agency, or the agency responsible for assessing or investigating the report
33.22from collecting other relevant information necessary to conduct the assessment or
33.23investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare
33.24agency has access to medical data and records for purposes of clause (3). Notwithstanding
33.25the data's classification in the possession of any other agency, data acquired by the
33.26local welfare agency or the agency responsible for assessing or investigating the report
33.27during the course of the assessment or investigation are private data on individuals and
33.28must be maintained in accordance with subdivision 11. Data of the commissioner of
33.29education collected or maintained during and for the purpose of an investigation of
33.30alleged maltreatment in a school are governed by this section, notwithstanding the data's
33.31classification as educational, licensing, or personnel data under chapter 13.
33.32    In conducting an assessment or investigation involving a school facility as defined
33.33in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
33.34reports and data that are relevant to a report of maltreatment and are from local law
33.35enforcement and the school facility.
34.1    (i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
34.2contact with the child reported to be maltreated and with the child's primary caregiver
34.3sufficient to complete a safety assessment and ensure the immediate safety of the child.
34.4The face-to-face contact with the child and primary caregiver shall occur immediately
34.5if substantial child endangerment is alleged and within five calendar days for all other
34.6reports. If the alleged offender was not already interviewed as the primary caregiver, the
34.7local welfare agency shall also conduct a face-to-face interview with the alleged offender
34.8in the early stages of the assessment or investigation. At the initial contact, the local child
34.9welfare agency or the agency responsible for assessing or investigating the report must
34.10inform the alleged offender of the complaints or allegations made against the individual in
34.11a manner consistent with laws protecting the rights of the person who made the report.
34.12The interview with the alleged offender may be postponed if it would jeopardize an active
34.13law enforcement investigation.
34.14    (j) When conducting an investigation, the local welfare agency shall use a question
34.15and answer interviewing format with questioning as nondirective as possible to elicit
34.16spontaneous responses. For investigations only, the following interviewing methods and
34.17procedures must be used whenever possible when collecting information:
34.18    (1) audio recordings of all interviews with witnesses and collateral sources; and
34.19    (2) in cases of alleged sexual abuse, audio-video recordings of each interview with
34.20the alleged victim and child witnesses.
34.21    (k) In conducting an assessment or investigation involving a school facility as
34.22defined in subdivision 2, paragraph (i), the commissioner of education shall collect
34.23available and relevant information and use the procedures in paragraphs (i), (k), and
34.24subdivision 3d, except that the requirement for face-to-face observation of the child
34.25and face-to-face interview of the alleged offender is to occur in the initial stages of the
34.26assessment or investigation provided that the commissioner may also base the assessment
34.27or investigation on investigative reports and data received from the school facility and
34.28local law enforcement, to the extent those investigations satisfy the requirements of
34.29paragraphs (i) and (k), and subdivision 3d.

34.30    Sec. 11. REPEALER.
34.31Minnesota Statutes 2008, section 256.82, subdivision 5, and Minnesota Rules, part
34.329560.0660, are repealed.