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SF 3334

as introduced - 89th Legislature (2015 - 2016) Posted on 04/12/2016 11:12am

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

Current Version - as introduced

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A bill for an act
relating to the judiciary; providing criminal penalties; modifying provisions
for medical cannabis program, children and family services, direct care
and treatment, and continuing care; establishing the Department of Human
Services Office of Special Investigations Law Enforcement Division; amending
Minnesota Statutes 2014, sections 13.3806, subdivision 22; 152.27, subdivision
2, by adding a subdivision; 152.33, by adding a subdivision; 245C.03, by adding
a subdivision; 245C.04, subdivision 1; 245C.05, subdivisions 2b, 4, 7; 245C.08,
subdivisions 2, 4; 245C.11, subdivision 3; 245C.17, subdivision 6; 245C.23,
subdivision 2; 253B.18, subdivision 4b; 253D.27, subdivision 2; 253D.28, as
amended; 253D.29, subdivisions 2, 3; 253D.30, subdivisions 3, 4, 5, 6; 253D.31;
256B.4912, by adding a subdivision; 260C.451, by adding a subdivision; 626.05,
subdivision 2; 626.556, subdivision 3e; 626.84, subdivision 1; Minnesota
Statutes 2015 Supplement, sections 260C.203; 260C.212, subdivisions 1, 14;
260C.215, subdivision 4; 260C.451, subdivision 6; 260C.521, subdivision 1;
626.556, subdivisions 2, 3c; proposing coding for new law in Minnesota Statutes,
chapters 119B; 246; 260C; 260D.

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

ARTICLE 1

CONTINUING CARE

Section 1.

Minnesota Statutes 2014, section 256B.4912, is amended by adding a
subdivision to read:


new text begin Subd. 11. new text end

new text begin Annual data submission. new text end

new text begin (a) In a manner determined by the
commissioner, home and community-based services waiver providers enrolled under this
section shall submit data to the commissioner on the following:
new text end

new text begin (1) wages of workers;
new text end

new text begin (2) benefits paid;
new text end

new text begin (3) staff retention rates;
new text end

new text begin (4) amount of overtime paid;
new text end

new text begin (5) amount of travel time paid;
new text end

new text begin (6) vacancy rates; and
new text end

new text begin (7) other data elements determined by the commissioner.
new text end

new text begin (b) The commissioner may adjust reporting requirements for some individual
self-employed workers.
new text end

new text begin (c) This subdivision also applies to providers of personal care assistance services
under section 256B.0625, subdivision 19a; community first services and supports under
section 256B.85; consumer support grants under section 256.476; nursing services and
home health services under section 256B.0625, subdivision 6a; home care nursing
services under section 256B.0625, subdivision 7; intermediate care facilities for persons
with developmental disabilities under section 256B.501; and day training and habilitation
providers serving residents of intermediate care facilities for persons with developmental
disabilities under section 256B.501.
new text end

new text begin (d) This data shall be submitted annually each calendar year on a date specified
by the commissioner. The commissioner shall give providers at least 30 calendar days
to submit the data. Failure to submit the data requested may result in delays to medical
assistance reimbursement.
new text end

new text begin (e) Individually identifiable data submitted to the commissioner in this section are
considered private data on individuals, as defined by section 13.02, subdivision 12.
new text end

new text begin (f) The commissioner shall analyze data annually for workforce assessments and its
impact on service access.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

CHILDREN AND FAMILIES

Section 1.

new text begin [119B.127] CERTIFICATION OF LICENSE-EXEMPT CHILD CARE
CENTERS TO REGISTER FOR CHILD CARE ASSISTANCE PAYMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Certified license-exempt child care center" means the commissioner's written
authorization for a child care center excluded from licensure under section 245A.03,
subdivision 2, paragraph (a), clause (5), (6), (11) to (13), (15), (18), or (26), to be
authorized to register to receive child care assistance payments (CCAP) under this chapter.
new text end

new text begin (c) "Center operator" or "program operator" means the person or organization
exercising supervision or control over the program operations, planning, and functioning.
new text end

new text begin Subd. 2. new text end

new text begin Application for certification as a certified license-exempt child
care center.
new text end

new text begin (a) The certification of license-exempt programs shall be implemented
by November 1, 2017. Certification applications shall be received and processed on a
phased-in schedule as determined by the commissioner.
new text end

new text begin (b) The certification application must be submitted in a manner prescribed by the
commissioner. The commissioner shall provide application instructions and information
about the rules and requirements of other state agencies that affect the applicant. The
commissioner shall respond to the applicant within 90 days of receiving a completed
application. An application is not complete until the commissioner receives all of the
information required under section 245C.05.
new text end

new text begin (c) When the commissioner receives an application for initial certification that is
incomplete because the applicant failed to submit required documents or is deficient
because the documents submitted do not meet certification requirements, the commissioner
shall provide the applicant written notice that the application is incomplete or deficient.
In the written notice, the commissioner shall identify documents that are missing or
deficient and give the applicant 45 days to resubmit a second application that is complete.
An applicant's failure to submit a complete application after receiving notice from the
commissioner is basis for certification denial.
new text end

new text begin Subd. 2a. new text end

new text begin Exemptions. new text end

new text begin Programs that are exempt from licensure under section
245A.03, subdivision 2, clauses (5), (6), (11) to (13), (15), (18), and (26), must be certified
as certified license-exempt child care centers according to this section to receive child
care assistance payments under this chapter.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner's right of access. new text end

new text begin (a) When the commissioner is
exercising the powers conferred by this chapter, whenever the program is in operation
and the information is relevant to the commissioner's inspection or investigation, the
commissioner must be given access to:
new text end

new text begin (1) the physical facility and grounds where the program is provided;
new text end

new text begin (2) documentation and records, including records maintained in electronic format;
new text end

new text begin (3) children served by the program; and
new text end

new text begin (4) staff and personnel records of current staff.
new text end

new text begin (b) The commissioner must be given access without prior notice and as often
as the commissioner considers necessary if the commissioner is investigating alleged
maltreatment, or a violation of laws or rules, or conducting an inspection. When
conducting inspections, the commissioner may request and shall receive assistance from
other state, county, and municipal governmental agencies and departments. The applicant
or certification holder shall allow the commissioner to photocopy, photograph, and make
audio and video recordings during an inspection at the commissioner's expense.
new text end

new text begin Subd. 4. new text end

new text begin Monitoring and inspections. new text end

new text begin (a) The commissioner must conduct an
on-site inspection of a certified license-exempt child care center at least annually to
determine compliance with the health, safety, and fire standards specific to certified
license-exempt child care centers.
new text end

new text begin (b) No later than November 1, 2017, the commissioner shall make publicly available
on the department's Web site the results of inspection reports for all certified centers
including the number of deaths, serious injuries, and instances of substantiated child
maltreatment that occurred in certified centers each year.
new text end

new text begin Subd. 5. new text end

new text begin Correction order. new text end

new text begin (a) If the applicant or certification holder failed to
comply with a law or rule, the commissioner may issue a correction order. The correction
order must state the:
new text end

new text begin (1) condition that constitutes a violation of the law or rule;
new text end

new text begin (2) specific law or rule violated; and
new text end

new text begin (3) time allowed to correct each violation.
new text end

new text begin (b) If the applicant or certification holder believes that the commissioner's correction
order is erroneous, the applicant or certification holder may ask the commissioner to
reconsider the part of the correction order that is allegedly erroneous. A request for
reconsideration must be made in writing, postmarked and sent to the commissioner within
20 calendar days after the applicant or certification holder received the correction order,
and:
new text end

new text begin (1) specify the part of the correction order that is allegedly erroneous;
new text end

new text begin (2) explain why the specified part is erroneous; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin (c) A request for reconsideration does not stay any provision or requirement of
the correction order. The commissioner's disposition of a request for reconsideration is
final and not subject to appeal.
new text end

new text begin (d) If the commissioner finds that the applicant or certification holder failed to
correct the violation specified in the correction order, the commissioner may revoke the
certification pursuant to subdivision 6.
new text end

new text begin (e) Nothing in this section prohibits the commissioner from decertifying a center
according to subdivision 6, paragraph (a).
new text end

new text begin Subd. 6. new text end

new text begin Decertification. new text end

new text begin (a) The commissioner may decertify a center if a
certification holder:
new text end

new text begin (1) fails to comply with an applicable law or rule; or
new text end

new text begin (2) knowingly withheld relevant information from or gave false or misleading
information to the commissioner for a certification application or the background study
status of an individual.
new text end

new text begin (b) When considering decertification, the commissioner shall consider the nature,
chronicity, or severity of the violation of law or rule.
new text end

new text begin (c) When a center is decertified, the center is ineligible to receive CCAP.
new text end

new text begin Subd. 7. new text end

new text begin Staffing requirements. new text end

new text begin During hours of operation, a certified center must
have a director or designee on site who is responsible for overseeing written policies
relating to the management and control of the daily activities of the program, ensuring the
health and safety of program participants, and supervising staff and volunteers.
new text end

new text begin Subd. 8. new text end

new text begin Ratios and group size. new text end

new text begin (a) The minimally acceptable staff-to-child
ratios are:
new text end

new text begin 33 months old through prekindergarten
new text end
new text begin 1:10
new text end
new text begin kindergarten through grade 6
new text end
new text begin 1:15
new text end
new text begin grades 7 through 12
new text end
new text begin 1:20
new text end

new text begin (b) For mixed groups, the ratio for the age group of the youngest child applies.
new text end

new text begin (c) For children 33 months old through prekindergarten, a maximum group size
shall be no more than 20 children.
new text end

new text begin (d) For children in kindergarten through grade 6, a maximum group size shall be
no more than 30 children.
new text end

new text begin (e) The maximum group size applies at all times except during meals, outdoor
activities, field trips, naps and rest, and special activities such as films, guest speakers, and
holiday programs.
new text end

new text begin Subd. 9. new text end

new text begin Background study. new text end

new text begin (a) The applicant or certification holder must submit
and maintain documentation of a successfully completed background study for:
new text end

new text begin (1) each person applying for the certification;
new text end

new text begin (2) current or prospective employees or contractors of the program who shall have
direct contact with a child served by the program;
new text end

new text begin (3) volunteers who shall have direct contact with a child served by the program if the
contact is not under the continuous, direct supervision by an individual listed in clause
(1) or (2); and
new text end

new text begin (4) a program director and all managerial staff with oversight and supervision of a
certified center.
new text end

new text begin (b) To be accepted for certification, a background study on an individual in paragraph
(a) must be completed under chapter 245C and result in a not disqualified determination
under section 245C.14 or a disqualification that was set aside under section 245C.22.
new text end

new text begin Subd. 10. new text end

new text begin Reporting. new text end

new text begin (a) The certification holder must comply with the reporting
requirements for abuse and neglect specified in section 626.556.
new text end

new text begin (b) The certification holder must inform the commissioner within 24 hours of:
new text end

new text begin (1) the death of a child in the program; and
new text end

new text begin (2) any injury to a child in the program that required treatment by a physician.
new text end

new text begin Subd. 11. new text end

new text begin Fees. new text end

new text begin The commissioner shall consult with stakeholders to gather input
to develop an administrative fee to implement this section. By February 15, 2017,
the commissioner shall provide recommendations to the legislative committees with
jurisdiction over health and human services policy and finance.
new text end

new text begin Subd. 12. new text end

new text begin Health and safety requirements. new text end

new text begin (a) A certified center must document
and follow a health and safety plan. The certification holder must ensure staff are trained
on the policies and procedures in the health and safety plan at orientation and annually
thereafter. The certification holder must provide staff with an orientation class within 90
days of the staff member beginning employment. Before the completion of orientation
class, the staff member must be supervised while providing direct care to a child. The
certification holder must document when the training was completed in the personnel
file for each person.
new text end

new text begin (b) The plan must include policies:
new text end

new text begin (1) for exclusion of sick children and infectious disease outbreak control, requiring
a program to:
new text end

new text begin (i) supervise and isolate a child from other children in the program when a child
becomes sick and immediately notify the isolated child's parent or legal guardian; and
new text end

new text begin (ii) post or give notice to the parent or legal guardian of an exposed child the
same day the program is notified of a child's contagious reportable disease specified in
Minnesota Rules, part 4605.7040, or lice, scabies, impetigo, ringworm, or chicken pox;
new text end

new text begin (2) to record current immunizations or applicable exemption for each child. By a
child's date of enrollment, certified license-exempt child care centers must maintain or have
access to a record detailing the child's current immunizations or applicable exemption;
new text end

new text begin (3) to provide staff training on reducing the risk of sudden, unexpected infant death
and abusive head trauma and document the date of the training in the personnel record
for staff, requiring:
new text end

new text begin (i) centers that care for an infant, as defined as a child who is at least six weeks old
but less than 16 months old, to document that staff and volunteers received training, in
compliance with section 245A.1435, on reducing the risk of sudden, unexpected infant
death before assisting in the care of an infant; or
new text end

new text begin (ii) a center that cares for a child through four years of age to document that staff
and volunteers received training on abusive head trauma from shaking infants and young
children before assisting in the care of a child through four years of age;
new text end

new text begin (4) for a certification holder who chooses to administer medicine to:
new text end

new text begin (i) obtain written permission from the child's parent or legal guardian before
administering prescription medicine, diapering product, sunscreen lotion, and insect
repellent;
new text end

new text begin (ii) administer nonprescription medicine, diapering product, sunscreen lotion, and
insect repellent according to the manufacturer's instructions unless there are written
instructions for their use by a licensed health professional;
new text end

new text begin (iii) obtain and follow written instructions, such as medicine with the child's first and
last name and current prescription information on the label, from the prescribing health
professional before administering prescription medicine; and
new text end

new text begin (iv) ensure all medicine:
new text end

new text begin (A) be kept in its original container with a legible label stating the child's first and
last name;
new text end

new text begin (B) be given only to the child whose name is on the label;
new text end

new text begin (C) not be given after an expiration date on the label;
new text end

new text begin (D) that is unused be returned to the child's parent or legal guardian or be destroyed;
new text end

new text begin (E) administration is recorded with the child's first and last name; the name of the
medication or prescription number; the date, time, and dosage; and the name and signature
of the person who dispensed the medicine; and
new text end

new text begin (F) administration records are maintained in the child's record and available to
the child's parent or legal guardian; and
new text end

new text begin (v) store medicines, insect repellents, and diaper rash control products according to
directions on the original container;
new text end

new text begin (5) to prevent and respond to allergic reactions, requiring the certification holder to:
new text end

new text begin (i) train staff on the program's policy, at least annually;
new text end

new text begin (ii) obtain, prior to admitting a child for care, documentation of the child's allergies
from the child's parent or legal guardian, including but not limited to:
new text end

new text begin (A) a description of the allergy, specific triggers, avoidance techniques, and
symptoms of an allergic reaction; and
new text end

new text begin (B) procedures for responding to an allergic reaction, including medication, dosages,
and a doctor's contact information;
new text end

new text begin (iii) maintain current information of a child's allergy in the child's record;
new text end

new text begin (iv) train staff and volunteers, at least annually or when changes are made to
allergy-related information in a child's record;
new text end

new text begin (v) document the date of all training in this subdivision in the personnel record
for each staff person; and
new text end

new text begin (vi) make information about a child's food allergies readily available to staff in the
area where food is prepared and served to a child with food allergies;
new text end

new text begin (6) to ensure building and physical premises safety, requiring a certification holder to:
new text end

new text begin (i) document compliance with applicable State Fire Code by providing
documentation of a fire marshal inspection completed within the previous three years by a
state fire marshal or a local fire code inspector trained by the state fire marshal;
new text end

new text begin (ii) document the process by which the center addresses physical premise
maintenance and general repairs in a timely manner;
new text end

new text begin (iii) designate indoor and outdoor space used for child care on a facility site plan and
include the primary and secondary areas used for child care by the center;
new text end

new text begin (iv) make a current health and safety plan available on site; and
new text end

new text begin (v) ensure the facility is clean with structurally sound and functional furniture and
equipment that is appropriate to the age and size of a child who uses them;
new text end

new text begin (7) for a safe environment free of hazards including, but not limited to:
new text end

new text begin (i) items such as sharp objects, medicines, plastic bags, cleaning supplies, poisonous
plants, and chemicals must be stored out of reach of children; and
new text end

new text begin (ii) safe handling and disposing of bodily fluids and other potentially infectious
fluids that requires, at a minimum, the use of gloves, disinfection of appropriate surfaces,
and fluid disposal in a securely sealed plastic bag;
new text end

new text begin (8) for transporting a child, requiring:
new text end

new text begin (i) compliance with all seat belt and child passenger restraint system requirements
under sections 169.685 and 169.686; and
new text end

new text begin (ii) the driver of the vehicle holds a valid driver's license, appropriate to the vehicle
driven;
new text end

new text begin (9) requiring first aid and cardiopulmonary resuscitation training for program staff
with direct supervision of a child, including at least one staff person who completed
first aid training and cardiopulmonary resuscitation training be present at all times at the
program, during field trips, and when transporting a child; and
new text end

new text begin (10) for reporting suspected child maltreatment according to section 626.556 and for
reporting complaints about the operation of a child care program.
new text end

new text begin Subd. 13. new text end

new text begin Emergency preparedness plan. new text end

new text begin (a) A certified center must have a
written emergency preparedness plan for emergencies that require evacuation, sheltering,
or other protection of children, such as in the event of fire, natural disaster, intruder, or
other threatening situations that may pose a health or safety hazard to children. The plan
must be written on a form developed by the commissioner and updated at least annually.
The plan must include:
new text end

new text begin (1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
new text end

new text begin (2) a designated relocation site and evacuation route;
new text end

new text begin (3) procedures for notifying a child's parent or legal guardian of the relocation
and reunification with families;
new text end

new text begin (4) accommodations for a child with disabilities or a chronic medical condition;
new text end

new text begin (5) procedures for storing a child's medically necessary medicine that facilitates easy
removal during an evacuation or relocation;
new text end

new text begin (6) procedures for continuing operations in the period during and after a crisis;
new text end

new text begin (7) procedures for communicating with local emergency management officials, law
enforcement officials, or other appropriate state or local authorities; and
new text end

new text begin (8) procedures for staff and volunteer emergency preparedness training and practice
drills.
new text end

new text begin (b) The certification holder must train staff at orientation and annually on the
emergency preparedness plan and document training attendance in all personnel files. The
certified center must conduct at least quarterly one evacuation drill and one shelter-in-place
drill. The drills' date and time must be documented.
new text end

new text begin (c) The certification holder must have an emergency preparedness plan available for
review upon request by the child's parent or legal guardian.
new text end

new text begin Subd. 14. new text end

new text begin Personnel record. new text end

new text begin The certification holder must maintain a personnel
record for each staff person at the program that must contain:
new text end

new text begin (1) the staff person's name, home address, telephone number, and date of birth;
new text end

new text begin (2) documentation that the staff person completed required orientation and annual
trainings; and
new text end

new text begin (3) documentation related to background studies required under subdivision 9.
new text end

new text begin Subd. 15. new text end

new text begin School-age care program guidelines. new text end

new text begin The commissioner shall consult
with stakeholders, at least every five years, for input related to school-age care program
guidelines.
new text end

new text begin Subd. 16. new text end

new text begin Certification standards. new text end

new text begin The commissioner shall regularly consult with
stakeholders for input related to implementing the standards in this section.
new text end

new text begin Subd. 17. new text end

new text begin Parental access. new text end

new text begin An enrolled child's parent or legal guardian may visit
the certified center any time during the hours of operation.
new text end

Sec. 2.

Minnesota Statutes 2014, section 245C.03, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Nonlicensed child care programs. new text end

new text begin Beginning October 1, 2017, the
commissioner shall conduct background studies on any individual required under section
119B.125 to have a background study completed under this chapter.
new text end

Sec. 3.

Minnesota Statutes 2014, section 245C.04, subdivision 1, is amended to read:


Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1
, at least upon application for initial license for all license types.

(b) new text begin Effective October 1, 2017, new text end the commissioner shall conduct a background study
of an individual deleted text begin required to be studieddeleted text end new text begin specified new text end under section 245C.03deleted text begin , subdivision 1deleted text end ,
new text begin who is newly affiliated with the license holder or new text end at new text begin the time ofnew text end reapplication deleted text begin for a license
deleted text end for new text begin a new text end family child caredeleted text begin .deleted text end new text begin license.
new text end

new text begin (1) The individual shall provide information required under section 245C.05,
subdivision 1, paragraphs (a), (b), and (d), to the county agency.
new text end

new text begin (2) The county agency shall provide the commissioner with the information received
under clause (1) to complete the background study.
new text end

new text begin (3) The background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08.
new text end

(c) The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services and the following conditions are met:

(1) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(2) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(3) the last study of the individual was conducted on or after October 1, 1995.

(d) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
to (6), who is newly affiliated with a child foster care license holder. The county or
private agency shall collect and forward to the commissioner the information required
under section 245C.05, subdivisions 1 and 5. The background study conducted by the
commissioner of human services under this paragraph must include a review of the
information required under section 245C.08, subdivisions 1, 3, and 4.

(e) The commissioner shall conduct a background study of an individual specified
under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
affiliated with an adult foster care or family adult day services new text begin and effective October 1,
2017, with a family child care
new text end license holdernew text begin or a legal nonlicensed child care provider
authorized under chapter 119B
new text end : (1) the county shall collect and forward to the commissioner
the information required under section 245C.05, subdivision 1, paragraphs (a) and (b), and
subdivision 5, paragraphs (a) deleted text begin anddeleted text end new text begin ,new text end (b), new text begin and (d), new text end for background studies conducted by the
commissioner for all family adult day services deleted text begin anddeleted text end new text begin ,new text end for adult foster care when the adult
foster care license holder resides in the adult foster care residencenew text begin , and for family child care
and legal nonlicensed child care authorized under chapter 119B
new text end ; (2) the license holder shall
collect and forward to the commissioner the information required under section 245C.05,
subdivisions 1
, paragraphs (a) and (b); and 5, paragraphs (a) and (b), for background
studies conducted by the commissioner for adult foster care when the license holder does
not reside in the adult foster care residence; and (3) the background study conducted by
the commissioner under this paragraph must include a review of the information required
under section 245C.08, subdivision 1, paragraph (a), and subdivisions 3 and 4.

(f) Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study requests to the commissioner using the
electronic system known as NETStudy before individuals specified in section 245C.03,
subdivision 1
, begin positions allowing direct contact in any licensed program.

(g) For an individual who is not on the entity's active roster, the entity must initiate a
new background study through NETStudy when:

(1) an individual returns to a position requiring a background study following an
absence of 120 or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for 120 or
more consecutive days begins to provide direct contact licensed services again.

The license holder shall maintain a copy of the notification provided to
the commissioner under this paragraph in the program's files. If the individual's
disqualification was previously set aside for the license holder's program and the new
background study results in no new information that indicates the individual may pose a
risk of harm to persons receiving services from the license holder, the previous set-aside
shall remain in effect.

(h) For purposes of this section, a physician licensed under chapter 147 is considered
to be continuously affiliated upon the license holder's receipt from the commissioner of
health or human services of the physician's background study results.

(i) For purposes of family child care, a substitute caregiver must receive repeat
background studies at the time of each license renewal.

new text begin (j) A repeat background study at the time of license renewal is not required if the
substitute caregiver's background study was completed by the commissioner on or after
October 1, 2017, and the substitute caregiver is on the license holder's active roster
in NETStudy 2.0.
new text end

Sec. 4.

Minnesota Statutes 2014, section 245C.05, subdivision 2b, is amended to read:


Subd. 2b.

County agency to collect and forward information to commissioner.

new text begin (a) new text end For background studies related to all family adult day services and to adult foster care
when the adult foster care license holder resides in the adult foster care residence, the
county agency must collect the information required under subdivision 1 and forward it to
the commissioner.

new text begin (b) Effective October 1, 2017, for background studies related to family child care
and legal nonlicensed child care authorized under chapter 119B, the county agency must
collect the information required under subdivision 1 and provide it to the commissioner.
new text end

Sec. 5.

Minnesota Statutes 2014, section 245C.05, subdivision 4, is amended to read:


Subd. 4.

Electronic transmission.

(a) For background studies conducted by the
Department of Human Services, the commissioner shall implement a secure system for the
electronic transmission of:

(1) background study information to the commissioner;

(2) background study results to the license holder;

(3) background study results to county and private agencies for background studies
conducted by the commissioner for child foster care; and

(4) background study results to county agencies for background studies conducted by
the commissioner for adult foster care and family adult day servicesnew text begin and, effective October
1, 2017, family child care and legal nonlicensed child care authorized under chapter 119B
new text end .

(b) Unless the commissioner has granted a hardship variance under paragraph (c),
a license holder or an applicant must use the electronic transmission system known
as NETStudy or NETStudy 2.0 to submit all requests for background studies to the
commissioner as required by this chapter.

(c) A license holder or applicant whose program is located in an area in which
high-speed Internet is inaccessible may request the commissioner to grant a variance to
the electronic transmission requirement.

Sec. 6.

Minnesota Statutes 2014, section 245C.05, subdivision 7, is amended to read:


Subd. 7.

Probation officer and corrections agent.

(a) A probation officer or
corrections agent shall notify the commissioner of an individual's conviction if the
individual:

(1) has been affiliated with a program or facility regulated by the Department of
Human Services or Department of Health, a facility serving children or youth licensed by
the Department of Corrections, or any type of home care agency or provider of personal
care assistance services within the preceding year; and

(2) has been convicted of a crime constituting a disqualification under section
245C.14.

(b) For the purpose of this subdivision, "conviction" has the meaning given it
in section 609.02, subdivision 5.

(c) The commissioner, in consultation with the commissioner of corrections, shall
develop forms and information necessary to implement this subdivision and shall provide
the forms and information to the commissioner of corrections for distribution to local
probation officers and corrections agents.

(d) The commissioner shall inform individuals subject to a background study that
criminal convictions for disqualifying crimes deleted text begin willdeleted text end new text begin shall new text end be reported to the commissioner
by the corrections system.

(e) A probation officer, corrections agent, or corrections agency is not civilly or
criminally liable for disclosing or failing to disclose the information required by this
subdivision.

(f) Upon receipt of disqualifying information, the commissioner shall provide the
notice required under section 245C.17, as appropriate, to agencies on record as having
initiated a background study or making a request for documentation of the background
study status of the individual.

(g) This subdivision does not apply to family child care programsnew text begin for individuals
whose background study was completed in NETStudy 2.0
new text end .

Sec. 7.

Minnesota Statutes 2014, section 245C.08, subdivision 2, is amended to read:


Subd. 2.

Background studies conducted by a county agencynew text begin for family child carenew text end .

(a) new text begin Prior to the implementation of NETStudy 2.0, new text end for deleted text begin adeleted text end background deleted text begin studydeleted text end new text begin studies new text end conducted
by a county agency for family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for:

(i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages
13 through 23 living in the household where the licensed services will be provided; and

(ii) any other individual listed under section 245C.03, subdivision 1, when there
is reasonable cause; and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), clause (3), unless the commissioner received
notice of the petition for expungement and the court order for expungement is directed
specifically to the commissioner.

Sec. 8.

Minnesota Statutes 2014, section 245C.08, subdivision 4, is amended to read:


Subd. 4.

Juvenile court records.

(a) For a background study conducted by the
Department of Human Services, the commissioner shall review records from the juvenile
courts for an individual studied under section 245C.03, subdivision 1, paragraph (a), when
the commissioner has reasonable cause.

(b) For a background study conducted by a county agencynew text begin for family child care prior
to the implementation of NETStudy 2.0
new text end , the commissioner shall review records from the
juvenile courts for individuals listed in section 245C.03, subdivision 1, who are ages 13
through 23 living in the household where the licensed services will be provided. The
commissioner shall also review records from juvenile courts for any other individual listed
under section 245C.03, subdivision 1, when the commissioner has reasonable cause.

(c) The juvenile courts shall help with the study by giving the commissioner existing
juvenile court records relating to delinquency proceedings held on individuals described in
section 245C.03, subdivision 1, paragraph (a), when requested pursuant to this subdivision.

(d) For purposes of this chapter, a finding that a delinquency petition is proven in
juvenile court shall be considered a conviction in state district court.

(e) Juvenile courts shall provide orders of involuntary and voluntary termination of
parental rights under section 260C.301 to the commissioner upon request for purposes of
conducting a background study under this chapter.

Sec. 9.

Minnesota Statutes 2014, section 245C.11, subdivision 3, is amended to read:


Subd. 3.

Criminal history data.

County agencies shall have access to the criminal
history data in the same manner as county licensing agencies under this chapter for
purposes of background studies completed new text begin prior to the implementation of NETStudy 2.0
new text end by county agencies on legal nonlicensed child care providers to determine eligibility
for child care funds under chapter 119B.

Sec. 10.

Minnesota Statutes 2014, section 245C.17, subdivision 6, is amended to read:


Subd. 6.

Notice to county agency.

For studies on individuals related to a license to
provide adult foster care and family adult day servicesnew text begin and, effective October 1, 2017,
family child care and legal nonlicensed child care authorized under chapter 119B
new text end , the
commissioner shall also provide a notice of the background study results to the county
agency that initiated the background study.

Sec. 11.

Minnesota Statutes 2014, section 245C.23, subdivision 2, is amended to read:


Subd. 2.

Commissioner's notice of disqualification that is not set aside.

(a) The
commissioner shall notify the license holder of the disqualification and order the license
holder to immediately remove the individual from any position allowing direct contact
with persons receiving services from the license holder if:

(1) the individual studied does not submit a timely request for reconsideration
under section 245C.21;

(2) the individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that license holder under section 245C.22, unless
the individual has a right to request a hearing under section 245C.27, 245C.28, or 256.045;

(3) an individual who has a right to request a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14 for a disqualification that has not been set aside, does
not request a hearing within the specified time; or

(4) an individual submitted a timely request for a hearing under sections 245C.27
and 256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.

(b) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous, direct supervision when providing direct
contact services, the order remains in effect pending the outcome of a hearing under
sections 245C.27 and 256.045, or 245C.28 and chapter 14.

(c) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was not previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous direct supervision when providing direct
contact services, the commissioner shall order the individual to remain under continuous
direct supervision pending the outcome of a hearing under sections 245C.27 and 256.045,
or 245C.28 and chapter 14.

(d) For background studies related to child foster care, the commissioner shall
also notify the county or private agency that initiated the study of the results of the
reconsideration.

(e) For background studies related to new text begin family child care, new text end adult foster carenew text begin ,new text end and family
adult day services, the commissioner shall also notify the county that initiated the study of
the results of the reconsideration.

Sec. 12.

Minnesota Statutes 2015 Supplement, section 260C.203, is amended to read:


260C.203 ADMINISTRATIVE OR COURT REVIEW OF PLACEMENTS.

(a) Unless the court is conducting the reviews required under section 260C.202,
there shall be an administrative review of the out-of-home placement plan of each child
placed in foster care no later than 180 days after the initial placement of the child in foster
care and at least every six months thereafter if the child is not returned to the home of the
parent or parents within that time. The out-of-home placement plan must be monitored and
updated at each administrative review. The administrative review shall be conducted by
the responsible social services agency using a panel of appropriate persons at least one of
whom is not responsible for the case management of, or the delivery of services to, either
the child or the parents who are the subject of the review. The administrative review shall
be open to participation by the parent or guardian of the child and the child, as appropriate.

(b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan
pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph
(d). The party requesting review of the out-of-home placement plan shall give parties to
the proceeding notice of the request to review and update the out-of-home placement
plan. A court review conducted pursuant to section 260C.141, subdivision 2; 260C.193;
260C.201, subdivision 1; 260C.202; 260C.204; 260C.317; or 260D.06 shall satisfy the
requirement for the review so long as the other requirements of this section are met.

(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:

(1) the safety, permanency needs, and well-being of the child;

(2) the continuing necessity for and appropriateness of the placement;

(3) the extent of compliance with the out-of-home placement plan;

(4) the extent of progress that has been made toward alleviating or mitigating the
causes necessitating placement in foster care;

(5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian; and

(6) the appropriateness of the services provided to the child.

(d) When a child is age 14 or olderdeleted text begin ,deleted text end new text begin :
new text end

new text begin (1)new text end in addition to any administrative review conducted by the new text begin responsible social
services
new text end agency, at the in-court review required under section 260C.317, subdivision
3, clause (3), or 260C.515, subdivision 5 or 6, the court shall review the independent
living plan required under section 260C.212, subdivision 1, paragraph (c), clause (12),
and the provision of services to the child related to the well-being of the child as the
child prepares to leave foster care. The review shall include the actual plans related to
each item in the plan necessary to the child's future safety and well-being when the child
is no longer in foster caredeleted text begin .deleted text end new text begin ; and
new text end

deleted text begin (e) At the court review required under paragraph (d) for a child age 14 or older,
the following procedures apply:
deleted text end

deleted text begin (1) six months before the child is expected to be discharged from foster care, the
responsible social services agency shall give the written notice required under section
260C.451, subdivision 1, regarding the right to continued access to services for certain
children in foster care past age 18 and of the right to appeal a denial of social services
under section 256.045. The agency shall file a copy of the notice, including the right to
appeal a denial of social services, with the court. If the agency does not file the notice by
the time the child is age 17-1/2, the court shall require the agency to give it;
deleted text end

(2) consistent with the requirements of the independent living plan, the court shall
review progress toward or accomplishment of the following goals:

(i) the child has obtained a high school diploma or its equivalent;

(ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;

(iii) the child is employed or enrolled in postsecondary education;

(iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;

(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;

(vi) the child has applied for and obtained disability income assistance for which
the child is eligible;

(vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;

(viii) the child has saved sufficient funds to pay for the first month's rent and a
damage deposit;

(ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;

(x) the child, if male, has registered for the Selective Service; and

(xi) the child has a permanent connection to a caring adultdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (3) the court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, tribal enrollment identification card, green card, or
school visa; the child's school, medical, and dental records; a contact list of the child's
medical, dental, and mental health providers; and contact information for the child's
siblings, if the siblings are in foster care.
deleted text end

deleted text begin (f) For a child who will be discharged from foster care at age 18 or older, the
responsible social services agency is required to develop a personalized transition plan as
directed by the youth. The transition plan must be developed during the 90-day period
immediately prior to the expected date of discharge. The transition plan must be as
detailed as the child may elect and include specific options on housing, health insurance,
education, local opportunities for mentors and continuing support services, and work force
supports and employment services. The agency shall ensure that the youth receives, at
no cost to the youth, a copy of the youth's consumer credit report as defined in section
13C.001 and assistance in interpreting and resolving any inaccuracies in the report. The
plan must include information on the importance of designating another individual to
make health care treatment decisions on behalf of the child if the child becomes unable
to participate in these decisions and the child does not have, or does not want, a relative
who would otherwise be authorized to make these decisions. The plan must provide the
child with the option to execute a health care directive as provided under chapter 145C.
The agency shall also provide the youth with appropriate contact information if the youth
needs more information or needs help dealing with a crisis situation through age 21.
deleted text end

Sec. 13.

Minnesota Statutes 2015 Supplement, section 260C.212, subdivision 1,
is amended to read:


Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document which is prepared
by the responsible social services agency jointly with the parent or parents or guardian
of the child and in consultation with the child's guardian ad litem, the child's tribe, if the
child is an Indian child, the child's foster parent or representative of the foster care facility,
and, where appropriate, the child. When a child is age 14 or older, the child may include
two other individuals on the team preparing the child's out-of-home placement plan.new text begin The
child may select one member of the case planning team to be designated as the child's
adviser and to advocate with respect to the application of the reasonable and prudent
parenting standards. The responsible social services agency may reject an individual
selected by the child if the agency has good cause to believe that the individual would
not act in the best interest of the child.
new text end For a child in voluntary foster care for treatment
under chapter 260D, preparation of the out-of-home placement plan shall additionally
include the child's mental health treatment provider. new text begin For a child 18 years of age or older,
the responsible social services agency shall involve the child and the child's parents as
appropriate.
new text end As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad
litem, a representative of the child's tribe, the responsible social services agency, and, if
possible, the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
and how the placement is consistent with the best interests and special needs of the child
according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make deleted text begin in orderdeleted text end for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate
or correct the problems or conditions identified in clause (2), and the time period during
which the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
to achieve a safe and stable home for the child including social and other supportive
services to be provided or offered to the parent or parents or guardian of the child, the
child, and the residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if
not, the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined
in section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest
of the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation
of steps to finalize adoption as the permanency plan for the child through reasonable
efforts to place the child for adoption. At a minimum, the documentation must include
consideration of whether adoption is in the best interests of the child, child-specific
recruitment efforts such as relative search and the use of state, regional, and national
adoption exchanges to facilitate orderly and timely placements in and outside of the state.
A copy of this documentation shall be provided to the court in the review required under
section 260C.317, subdivision 3, paragraph (b);

(7) when a child cannot return to or be in the care of either parent, documentation
of steps to finalize the transfer of permanent legal and physical custody to a relative as
the permanency plan for the child. This documentation must support the requirements of
the kinship placement agreement under section 256N.22 and must include the reasonable
efforts used to determine that it is not appropriate for the child to return home or be
adopted, and reasons why permanent placement with a relative through a Northstar kinship
assistance arrangement is in the child's best interest; how the child meets the eligibility
requirements for Northstar kinship assistance payments; agency efforts to discuss adoption
with the child's relative foster parent and reasons why the relative foster parent chose not
to pursue adoption, if applicable; and agency efforts to discuss with the child's parent or
parents the permanent transfer of permanent legal and physical custody or the reasons
why these efforts were not made;

(8) efforts to ensure the child's educational stability while in foster caredeleted text begin , including
deleted text end new text begin for a child who attained the minimum age for compulsory school attendance under state
law and is enrolled full time in elementary or secondary school, or instructed in elementary
or secondary education at home, or instructed in an independent study elementary or
secondary program, or incapable of attending school on a full-time basis due to a medical
condition that is documented and supported by regularly updated information in the child's
case plan. Educational stability efforts include
new text end :

(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another,
including efforts to work with the local education authorities to ensure the child's
educational stabilitynew text begin and attendancenew text end ; or

(ii) if it is not in the child's best interest to remain in the same school that the child
was enrolled in prior to placement or move from one placement to another, efforts to
ensure immediate and appropriate enrollment for the child in a new school;

(9) the educational records of the child including the most recent information
available regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(10) the efforts by the deleted text begin localdeleted text end new text begin responsible social servicesnew text end agency to ensure the oversight
and continuity of health care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, deleted text begin willdeleted text end new text begin shall new text end be monitored and treated while the child is in foster care;

(iii) how the child's medical information deleted text begin willdeleted text end new text begin shall new text end be updated and shared, including
the child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals deleted text begin will
deleted text end new text begin shall new text end be consulted and involved in assessing the health and well-being of the child and
determine the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through
either medical insurance or medical assistance;

(11) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable
diseases as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for
medical insurance or medical assistance;

(12) an independent living plan for a child deleted text begin agedeleted text end 14 new text begin years of age new text end or oldernew text begin , developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's adviser and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14
new text end . The plan should include,
but not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a
driver's license;

(iv) money management, including the responsibility of the new text begin responsible social
services
new text end agency to ensure that the deleted text begin youthdeleted text end new text begin child new text end annually receives, at no cost to the deleted text begin youthdeleted text end new text begin
child
new text end , a consumer report as defined under section 13C.001 and assistance in interpreting
and resolving any inaccuracies in the report;

(v) planning for housing;

(vi) social and recreational skills;

(vii) establishing and maintaining connections with the child's family and
community; and

(viii) regular opportunities to engage in age-appropriate or developmentally
appropriate activities typical for the child's age group, taking into consideration the
capacities of the individual child; deleted text begin and
deleted text end

(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomesdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (14) for a child 14 years of age or older, a signed acknowledgment that describes
the child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section
260C.45; and receipt of an annual credit report. The acknowledgment shall state that the
rights were explained in an age-appropriate manner to the child.
new text end

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time
of placement of the child. The child shall also have the right to a guardian ad litem.
If unable to employ counsel from their own resources, the court shall appoint counsel
upon the request of the parent or parents or the child or the child's legal guardian. The
parent or parents may also receive assistance from any person or social services agency
in preparation of the case plan.

After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan
and shall be provided a copy of the plan.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.

Sec. 14.

Minnesota Statutes 2015 Supplement, section 260C.212, subdivision 14,
is amended to read:


Subd. 14.

Support age-appropriate and developmentally appropriate activities
for foster children.

new text begin (a) new text end Responsible social services agencies and new text begin licensed new text end child-placing
agencies shall support a foster child's emotional and developmental growth by permitting
the child to participate in activities or events that are generally accepted as suitable
for children of the same chronological age or are developmentally appropriate for the
child. new text begin "Developmentally appropriate" means based on a child's cognitive, emotional,
physical, and behavioral capacities that are typical for an age or age group.
new text end Foster
parents and residential facility staff are permitted to allow foster children to participate in
extracurricular, social, or cultural activities that are typical for the child's age by applying
reasonable and prudent parenting standards.

new text begin (b) "new text end Reasonable and prudent parentingnew text begin " means thenew text end standards deleted text begin aredeleted text end characterized
by careful and sensible parenting decisions that maintain the child's health and safety,
new text begin cultural, religious, new text end and deleted text begin are made in the child'sdeleted text end new text begin tribal values, and new text end best deleted text begin interestdeleted text end new text begin interests
while encouraging the child's emotional and developmental growth
new text end .

new text begin (c) The commissioner shall provide guidance about the childhood activities and
factors a foster parent and authorized residential facility staff must consider when applying
the reasonable and prudent parenting standards. The factors must include the:
new text end

new text begin (1) child's age, maturity, and developmental level;
new text end

new text begin (2) risk of activity;
new text end

new text begin (3) best interests of the child;
new text end

new text begin (4) importance of the experience in the child's emotional and developmental growth;
new text end

new text begin (5) importance of a family-like experience;
new text end

new text begin (6) behavioral history of the child; and
new text end

new text begin (7) wishes of the child's parent or legal guardian, as appropriate.
new text end

new text begin (d) A residential facility licensed under chapter 2960 must have at least one
staff person present on site, who is trained on the standards according to section
260C.515, subdivision 4, and authorized to apply the reasonable and prudent parenting
standards to decisions involving the approval of a foster child's participation in age and
developmentally appropriate extracurricular, social, or cultural activities.
new text end

new text begin (e) The foster parent or designated staff at residential facilities demonstrating
compliance with the reasonable and prudent parenting standards shall not incur civil
liability if a foster child is harmed or injured because of participating in approved
extracurricular, enrichment, cultural, and social activities.
new text end

Sec. 15.

Minnesota Statutes 2015 Supplement, section 260C.215, subdivision 4,
is amended to read:


Subd. 4.

Duties of commissioner.

The commissioner of human services shall:

(1) provide practice guidance to responsible social services agencies and new text begin licensed
new text end child-placing agencies that reflect federal and state laws and policy direction on placement
of children;

(2) develop criteria for determining whether a prospective adoptive or foster family
has the ability to understand and validate the child's cultural background;

(3) provide a standardized training curriculum for adoption and foster care workers
and administrators who work with children. Training must address the following objectives:

(i) developing and maintaining sensitivity to all cultures;

(ii) assessing values and their cultural implications;

(iii) making individualized placement decisions that advance the best interests of a
particular child under section 260C.212, subdivision 2; and

(iv) issues related to cross-cultural placement;

(4) provide a training curriculum for all prospective adoptive and foster families
that prepares them to care for the needs of adoptive and foster children taking into
consideration the needs of children outlined in section 260C.212, subdivision 2, paragraph
(b)new text begin , and, as necessary, preparation is continued after placement of the child and includes
the knowledge and skills related to reasonable and prudent parenting standards for the
participation of the child in age or developmentally appropriate activities, according to
section 260C.212, subdivision 14
new text end ;

(5) develop and provide to new text begin responsible social services new text end agencies new text begin and licensed
child-placing agencies
new text end a home study format to assess the capacities and needs of
prospective adoptive and foster families. The format must address problem-solving skills;
parenting skills; evaluate the degree to which the prospective family has the ability
to understand and validate the child's cultural background, and other issues needed to
provide sufficient information for agencies to make an individualized placement decision
consistent with section 260C.212, subdivision 2. For a study of a prospective foster parent,
the format must also address the capacity of the prospective foster parent to provide a
safe, healthy, smoke-free home environment. If a prospective adoptive parent has also
been a foster parent, any update necessary to a home study for the purpose of adoption
may be completed by the licensing authority responsible for the foster parent's license.
If a prospective adoptive parent with an approved adoptive home study also applies for
a foster care license, the license application may be made with the same agency which
provided the adoptive home study; and

(6) consult with representatives reflecting diverse populations from the councils
established under sections 3.922 and 15.0145, and other state, local, and community
organizations.

Sec. 16.

Minnesota Statutes 2015 Supplement, section 260C.451, subdivision 6,
is amended to read:


Subd. 6.

Reentering foster care and accessing services after deleted text begin agedeleted text end 18new text begin years of
age and up to 21 years of age
new text end .

(a) Upon request of an individual deleted text begin between the ages of
18 and 21
deleted text end who had been under the guardianship of the commissioner and who has left
foster care without being adopted, the responsible social services agency which had
been the commissioner's agent for purposes of the guardianship shall develop with the
individual a plan to increase the individual's ability to live safely and independently using
the plan requirements of section 260C.212, subdivision 1, paragraph (c), clause (12), and
to assist the individual to meet one or more of the eligibility criteria in subdivision 4 if
the individual wants to reenter foster care. The new text begin responsible social services new text end agency shall
provide foster care as required to implement the plan. The new text begin responsible social services
new text end agency shall enter into a voluntary placement agreement under section 260C.229 with the
individual if the plan includes foster care.

(b) Individuals who had not been under the guardianship of the commissioner of
human services prior to new text begin 18 years of new text end age deleted text begin 18 and are between the ages of 18 and 21deleted text end may ask
to reenter foster care after age 18 and, to the extent funds are available, the responsible
social services agency that had responsibility for planning for the individual before
discharge from foster care may provide foster care or other services to the individual for
the purpose of increasing the individual's ability to live safely and independently and to
meet the eligibility criteria in subdivision 3a, if the individual:

(1) was in foster care for the six consecutive months prior to the person's 18th
birthday and was not discharged home, adopted, or received into a relative's home under a
transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or

(2) was discharged from foster care while on runaway status after age 15.

(c) In conjunction with a qualifying and eligible individual under paragraph (b) and
other appropriate persons, the responsible social services agency shall develop a specific
plan related to that individual's vocational, educational, social, or maturational needs and,
to the extent funds are available, provide foster care as required to implement the plan.
The new text begin responsible social services new text end agency shall enter into a voluntary placement agreement
with the individual if the plan includes foster care.

(d) deleted text begin Youthdeleted text end new text begin A child new text end who left foster care while under guardianship of the commissioner
of human services deleted text begin retaindeleted text end new text begin retainsnew text end eligibility for foster care for placement at any time
deleted text begin between the ages of 18 anddeleted text end new text begin prior to new text end 21new text begin years of agenew text end .

Sec. 17.

Minnesota Statutes 2014, section 260C.451, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Administrative or court review of placements. new text end

new text begin (a) The court shall
conduct reviews at least annually to ensure the responsible social services agency is
making reasonable efforts to finalize the permanency plan for the child.
new text end

new text begin (b) The court shall find that the responsible social services agency is making
reasonable efforts to finalize the permanency plan for the child when the responsible
social services agency:
new text end

new text begin (1) provides appropriate support to the child and foster care provider to ensure
continuing stability and success in placement;
new text end

new text begin (2) works with the child to plan for transition to adulthood and assists the child in
demonstrating progress in achieving related goals;
new text end

new text begin (3) works with the child to plan for independent living skills and assists the child in
demonstrating progress in achieving independent living goals; and
new text end

new text begin (4) prepares the child for independence according to sections 260C.203, paragraph
(d), and 260C.452, subdivision 4.
new text end

new text begin (c) The responsible social services agency must ensure that an administrative review
that meets the requirements of this section and section 260C.203 is completed at least six
months after each of the court's annual reviews.
new text end

Sec. 18.

new text begin [260C.452] SUCCESSFUL TRANSITION TO ADULTHOOD.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section pertains to a child who is under the guardianship
of the commissioner of human services, or who has a permanency disposition of
permanent custody to the agency, or who will leave foster care at 18 to 21 years of age.
new text end

new text begin Subd. 2. new text end

new text begin Independent living plan. new text end

new text begin When the child is 14 years of age or older,
the responsible social services agency, in consultation with the child, shall complete
the independent living plan according to section 260C.212, subdivision 1, paragraph
(c), clause (12).
new text end

new text begin Subd. 3. new text end

new text begin Notification. new text end

new text begin Six months before the child is expected to be discharged from
foster care, the responsible social services agency shall provide written notice regarding
the right to continued access to services for certain children in foster care past 18 years of
age and of the right to appeal a denial of social services under section 256.045.
new text end

new text begin Subd. 4. new text end

new text begin Administrative or court review of placements. new text end

new text begin (a) When the child is 14
years of age or older, the court, in consultation with the child, shall review the independent
living plan according to section 260C.203, paragraph (d).
new text end

new text begin (b) The responsible social services agency shall file a copy of the notification
required in subdivision 3 with the court. If the responsible social services agency does
not file the notice by the time the child is 17-1/2 years of age, the court shall require the
responsible social services agency to file the notice.
new text end

new text begin (c) The court shall ensure that the responsible social services agency assists the child
in obtaining the following documents before the child leaves foster care: a Social Security
card; an official or certified copy of the child's birth certificate; a state identification card
or driver's license, tribal enrollment identification card, green card, or school visa; health
insurance information; the child's school, medical, and dental records; a contact list of
the child's medical, dental, and mental health providers; and contact information for the
child's siblings, if the siblings are in foster care.
new text end

new text begin (d) For a child who will be discharged from foster care at 18 years of age or older,
the responsible social services agency must develop a personalized transition plan as
directed by the child during the 90-day period immediately prior to the expected date of
discharge. The transition plan must be as detailed as the child elects and include specific
options, including but not limited to:
new text end

new text begin (1) affordable housing with necessary supports that does not include a homeless
shelter;
new text end

new text begin (2) health insurance, including eligibility for medical assistance as defined in
256B.055, subdivision 17;
new text end

new text begin (3) education, including application to the Education and Training Voucher Program;
new text end

new text begin (4) local opportunities for mentors and continuing support services, including the
Healthy Transitions and Homeless Prevention program, if available;
new text end

new text begin (5) workforce supports and employment services;
new text end

new text begin (6) a copy of the child's consumer credit report as defined in section 13C.001 and
assistance in interpreting and resolving any inaccuracies in the report, at no cost to the child;
new text end

new text begin (7) information on executing a health care directive under chapter 145C and on the
importance of designating another individual to make health care decisions on behalf of
the child if the child becomes unable to participate in decisions; and
new text end

new text begin (8) appropriate contact information through 21 years of age if the child needs
information or help dealing with a crisis situation.
new text end

new text begin Subd. 5. new text end

new text begin Notice of termination of foster care. new text end

new text begin (a) When a child leaves foster care
at 18 years of age or older, the responsible social services agency shall give the child
written notice that foster care shall terminate 30 days from the date the notice is sent.
new text end

new text begin (b) The child or the child's guardian ad litem may file a motion asking the court to
review the responsible social services agency's determination within 15 days of receiving
the notice. The child shall not be discharged from foster care until the motion is heard. The
responsible social services agency shall work with the child to transition out of foster care.
new text end

new text begin (c) The written notice of termination of benefits shall be on a form prescribed by
the commissioner and shall give notice of the right to have the responsible social services
agency's determination reviewed by the court under this section or sections 260C.203,
260C.317, and 260C.515, subdivision 5 or 6. A copy of the termination notice shall
be sent to the child and the child's attorney, if any, the foster care provider, the child's
guardian ad litem, and the court. The responsible social services agency is not responsible
for paying foster care benefits for any period of time after the child leaves foster care.
new text end

Sec. 19.

Minnesota Statutes 2015 Supplement, section 260C.521, subdivision 1,
is amended to read:


Subdivision 1.

Child in permanent custody of responsible social services agency.

(a) Court reviews of an order for permanent custody to the responsible social services
agency for placement of the child in foster care must be conducted at least yearly at an
in-court appearance hearing.

(b) The purpose of the review hearing is to ensure:

(1) the new text begin responsible social services agency made intensive, ongoing, and, as of the
date of the hearing, unsuccessful effort to return the child home or secure a placement for
the child with a fit and willing relative, custodian, or adoptive parent, and an
new text end order for
permanent custody to the responsible social services agency for placement of the child in
foster care continues to be in the best interests of the child deleted text begin and that no other permanency
disposition order is in the best interests of the child
deleted text end ;

(2) that the new text begin responsible social services new text end agency is assisting the child to build
connections to the child's family and community; deleted text begin and
deleted text end

(3) that the new text begin responsible social services new text end agency is appropriately planning with the
child for development of independent living skills for the child and, as appropriate, for the
orderly and successful transition to deleted text begin independent livingdeleted text end new text begin adulthoodnew text end that may occur if the
child continues in foster care without another permanency disposition orderdeleted text begin .deleted text end new text begin ;
new text end

new text begin (4) the child's foster family home or child care institution is following the reasonable
and prudent parenting standards; and
new text end

new text begin (5) the child has regular, ongoing opportunities to engage in age or developmentally
appropriate activities by consulting with the child in an age-appropriate manner about the
opportunities.
new text end

(c) The court must review the child's out-of-home placement plan and the reasonable
efforts of the new text begin responsible social services new text end agency to finalize an alternative permanent plan
for the child including the new text begin responsible social services new text end agency's efforts to:

(1) ensure that permanent custody to the new text begin responsible social services new text end agency with
placement of the child in foster care continues to be the most appropriate legal arrangement
for meeting the child's need for permanency and stability deleted text begin or, if not, to identify and attempt
to finalize another permanency disposition order under this chapter that would better serve
the child's needs and best interests;
deleted text end new text begin by reviewing the compelling reasons it continues not
to be in the best interest of the child to:
new text end

new text begin (i) return home;
new text end

new text begin (ii) be placed for adoption; or
new text end

new text begin (iii) be placed with a fit and willing relative through an order for permanent legal
and physical custody under section 260C.515, subdivision 4;
new text end

(2) identify a specific foster home for the child, if one has not already been identified;

(3) support continued placement of the child in the identified home, if one has been
identified;

(4) ensure appropriate services are provided to address the physical health, mental
health, and educational needs of the child during the period of foster care and also ensure
appropriate services or assistance to maintain relationships with appropriate family
members and the child's community; and

(5) plan for the child's independence upon the child's leaving foster care living as
required under section 260C.212, subdivision 1.

(d) The court may find that the new text begin responsible social services new text end agency has made
reasonable efforts to finalize the permanent plan for the child when:

(1) the new text begin responsible social services new text end agency has made reasonable efforts to identify a
more legally permanent home for the child than is provided by an order for permanent
custody to the agency for placement in foster care;

(2) the child has been asked about the child's desired permanency outcome; and

(3) the new text begin responsible social services new text end agency's engagement of the child in planning for
deleted text begin independent livingdeleted text end new text begin a successful transition to adulthoodnew text end is reasonable and appropriate.

Sec. 20.

new text begin [260D.14] SUCCESSFUL TRANSITION TO ADULTHOOD FOR
CHILDREN IN VOLUNTARY PLACEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Case planning. new text end

new text begin When the child is 14 years of age or older, the
responsible social services agency shall ensure a child in foster care under this chapter is
provided with the case plan requirements in section 260C.212, subdivisions 1 and 14.
new text end

new text begin Subd. 2. new text end

new text begin Notification. new text end

new text begin The responsible social services agency shall provide written
notice of the right to continued access to services for certain children in foster care past 18
years of age under section 260C.452, subdivision 3, and of the right to appeal a denial
of social services under section 256.045. The notice must be provided to the child six
months before the child's 18th birthday.
new text end

new text begin Subd. 3. new text end

new text begin Administrative or court reviews. new text end

new text begin When the child is 17 years of age or
older, the administrative review or court hearing must include a review of the responsible
social services agency's support for the child's successful transition to adulthood as
required in section 260C.452, subdivision 4.
new text end

Sec. 21.

Minnesota Statutes 2015 Supplement, section 626.556, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.

(b) "Commissioner" means the commissioner of human services.

(c) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245D;

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter
124E; or

(3) a nonlicensed personal care provider organization as defined in section
256B.0625, subdivision 19a.

(d) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a child
maltreatment report that does not allege sexual abuse or substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family members
and the risk of subsequent maltreatment.

(e) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve sexual abuse or substantial child endangerment, and for reports of
maltreatment in facilities required to be licensed under chapter 245A or 245D; under
sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05,
subdivisions 9
, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider
association as defined in section 256B.0625, subdivision 19a.

(f) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(g) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance, or the
presence of a fetal alcohol spectrum disorder;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(h) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota
Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
substantiated maltreatment by the individual, the commissioner of human services shall
determine that a nonmaltreatment mistake was made by the individual.

(i) "Operator" means an operator or agency as defined in section 245A.02.

(j) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(k) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 125A.0942 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include, but
are not limited to, any of the following:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) striking a child who is at least age one but under age four on the face or head,
which results in an injury;

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(10) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(11) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Report" means any communication received by the local welfare agency,
police department, county sheriff, or agency responsible for child protection pursuant to
this section that describes neglect or physical or sexual abuse of a child and contains
sufficient content to identify the child and any person believed to be responsible for the
neglect or abuse, if known.

(n) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in
the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse
also includes any act which involves a minor which constitutes a violation of prostitution
offenses under sections 609.321 to 609.324 or 617.246. new text begin Effective May 29, 2017, sexual
abuse includes a child who is identified as a victim of sex trafficking regardless of who is
the alleged perpetrator. Sexual abuse includes child sex trafficking as defined in section
609.321, subdivisions 7a and 7b.
new text end Sexual abuse includes threatened sexual abuse which
includes the status of a parent or household member who has committed a violation which
requires registration as an offender under section 243.166, subdivision 1b, paragraph (a)
or (b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b).

(o) "Substantial child endangerment" means a person responsible for a child's care,
by act or omission, commits or attempts to commit an act against a child under their
care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) abandonment under section 260C.301, subdivision 2;

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(7) solicitation, inducement, and promotion of prostitution under section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) solicitation of children to engage in sexual conduct under section 609.352;

(10) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(11) use of a minor in sexual performance under section 617.246; or

(12) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.503, subdivision 2.

(p) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (j), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent
legal and physical custody of a child to a relative under Minnesota Statutes 2010, section
260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a
similar law of another jurisdiction.

A child is the subject of a report of threatened injury when the responsible social
services agency receives birth match data under paragraph (q) from the Department of
Human Services.

(q) Upon receiving data under section 144.225, subdivision 2b, contained in a
birth record or recognition of parentage identifying a child who is subject to threatened
injury under paragraph (p), the Department of Human Services shall send the data to the
responsible social services agency. The data is known as "birth match" data. Unless the
responsible social services agency has already begun an investigation or assessment of the
report due to the birth of the child or execution of the recognition of parentage and the
parent's previous history with child protection, the agency shall accept the birth match
data as a report under this section. The agency may use either a family assessment or
investigation to determine whether the child is safe. All of the provisions of this section
apply. If the child is determined to be safe, the agency shall consult with the county
attorney to determine the appropriateness of filing a petition alleging the child is in need
of protection or services under section 260C.007, subdivision 6, clause (16), in order to
deliver needed services. If the child is determined not to be safe, the agency and the county
attorney shall take appropriate action as required under section 260C.503, subdivision 2.

(r) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.

Sec. 22.

Minnesota Statutes 2015 Supplement, section 626.556, subdivision 3c,
is amended to read:


Subd. 3c.

Local welfare agency, Department of Human Services or Department
of Health responsible for assessing or investigating reports of maltreatment.

(a)
The deleted text begin countydeleted text end local welfare agency is the agency responsible for assessing or investigating
allegations of maltreatment in child foster care, family child care, legally deleted text begin unlicenseddeleted text end new text begin
nonlicensed
new text end child care, juvenile correctional facilities licensed under section 241.021
located in the local welfare agency's county, and reports involving children served by deleted text begin an
unlicensed
deleted text end new text begin a nonlicensednew text end personal care provider organization under section 256B.0659.
Copies of findings related to personal care provider organizations under section 256B.0659
must be forwarded to the Department of Human Services provider enrollment.

(b) The Department of Human Services is the agency responsible for assessing or
investigating allegations of maltreatment in new text begin certified centers under chapter 119B and in
new text end facilities licensed under chapters 245A and 245D, except for child foster care and family
child care.

(c) The Department of Health is the agency responsible for assessing or investigating
allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58
and 144A.46.

Sec. 23.

Minnesota Statutes 2014, section 626.556, subdivision 3e, is amended to read:


Subd. 3e.

Agency responsible for assessing or investigating reports of sexual
abuse.

The local welfare agency is the agency responsible for investigating allegations
of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual
functioning within the family unit as a person responsible for the child's care, or a person
with a significant relationship to the child if that person resides in the child's household.new text begin
Effective May 29, 2017, the local welfare agency is also responsible for investigating
when a child is identified as a victim of sex trafficking.
new text end

ARTICLE 3

HEALTH DEPARTMENT

Section 1.

Minnesota Statutes 2014, section 13.3806, subdivision 22, is amended to read:


Subd. 22.

Medical use of cannabis data.

Data collected under the registry program
authorized under sections 152.22 to 152.37 are governed by sections 152.25, subdivision
1; new text begin 152.27, subdivision 8; new text end 152.28, subdivision 2; and 152.37, subdivision 3.

Sec. 2.

Minnesota Statutes 2014, section 152.27, subdivision 2, is amended to read:


Subd. 2.

Commissioner duties.

(a) The commissioner shall:

(1) give notice of the program to health care practitioners in the state who are
eligible to serve as health care practitioners and explain the purposes and requirements
of the program;

(2) allow each health care practitioner who meets or agrees to meet the program's
requirements and who requests to participate, to be included in the registry program to
collect data for the patient registry;

new text begin (3) allow each health care practitioner who meets the requirements of subdivision 8,
and who requests access for a permissible purpose, to have limited access to a patient's
registry information;
new text end

deleted text begin (3)deleted text end new text begin (4)new text end provide explanatory information and assistance to each health care
practitioner in understanding the nature of therapeutic use of medical cannabis within
program requirements;

deleted text begin (4)deleted text end new text begin (5)new text end create and provide a certification to be used by a health care practitioner
for the practitioner to certify whether a patient has been diagnosed with a qualifying
medical condition and include in the certification an option for the practitioner to certify
whether the patient, in the health care practitioner's medical opinion, is developmentally or
physically disabled and, as a result of that disability, the patient is unable to self-administer
medication or acquire medical cannabis from a distribution facility;

deleted text begin (5)deleted text end new text begin (6)new text end supervise the participation of the health care practitioner in conducting
patient treatment and health records reporting in a manner that ensures stringent security
and record-keeping requirements and that prevents the unauthorized release of private
data on individuals as defined by section 13.02;

deleted text begin (6)deleted text end new text begin (7)new text end develop safety criteria for patients with a qualifying medical condition as a
requirement of the patient's participation in the program, to prevent the patient from
undertaking any task under the influence of medical cannabis that would constitute
negligence or professional malpractice on the part of the patient; and

deleted text begin (7)deleted text end new text begin (8)new text end conduct research and studies based on data from health records submitted to
the registry program and submit reports on intermediate or final research results to the
legislature and major scientific journals. The commissioner may contract with a third
party to complete the requirements of this clause. Any reports submitted must comply
with section 152.28, subdivision 2.

(b) If the commissioner wishes to add a delivery method under section 152.22,
subdivision 6, or a qualifying medical condition under section 152.22, subdivision 14, the
commissioner must notify the chairs and ranking minority members of the legislative policy
committees having jurisdiction over health and public safety of the addition and the reasons
for its addition, including any written comments received by the commissioner from the
public and any guidance received from the task force on medical cannabis research, by
January 15 of the year in which the commissioner wishes to make the change. The change
shall be effective on August 1 of that year, unless the legislature by law provides otherwise.

Sec. 3.

Minnesota Statutes 2014, section 152.27, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Access to registry data. new text end

new text begin (a) Notwithstanding section 152.31, a health
care practitioner may access a patient's registry information to the extent the information
relates specifically to a current patient, to whom the health care practitioner is:
new text end

new text begin (1) prescribing or considering prescribing any controlled substance;
new text end

new text begin (2) providing emergency medical treatment for which access to the data may be
necessary; or
new text end

new text begin (3) providing other medical treatment for which access to the data may be necessary
and the patient has consented to access to the registry account information, and with the
provision that the health care practitioner remains responsible for the use or misuse of data
accessed by a delegated agent or employee.
new text end

new text begin (b) A health care practitioner who is authorized to access the patient registry under
this subdivision may be registered to electronically access limited data in the medical
cannabis patient registry. If the data is accessed electronically, the health care practitioner
shall implement and maintain a comprehensive information security program that contains
administrative, technical, and physical safeguards that are appropriate to the user's size
and complexity, and the sensitivity of the personal information obtained. The health care
practitioner shall identify reasonably foreseeable internal and external risks to the security,
confidentiality, and integrity of personal information that could result in the unauthorized
disclosure, misuse, or other compromise of the information and assess the sufficiency of
any safeguards in place to control the risks.
new text end

new text begin (c) When requesting access based on patient consent, a health care practitioner shall
warrant that the request:
new text end

new text begin (1) contains no information known to the provider to be false;
new text end

new text begin (2) accurately states the patient's desire to have health records disclosed or that
there is specific authorization in law; and
new text end

new text begin (3) does not exceed any limits imposed by the patient in the consent.
new text end

new text begin (d) The commissioner shall maintain a log of all persons who access the data for at
least three years and shall ensure that any health care practitioner agrees to comply with
paragraph (b) before attaining access to the data.
new text end

Sec. 4.

Minnesota Statutes 2014, section 152.33, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Improper access to registry; criminal penalty. new text end

new text begin In addition to any
other applicable penalty in law, a person who intentionally makes a false statement or
misrepresentation to gain access to the patient registry under section 152.27, subdivision 8,
or otherwise accesses the patient registry under false pretenses, is guilty of a misdemeanor
punishable by imprisonment for not more that 90 days or by payment of a fine of not more
than $1,000, or both. The penalty is in addition to any other penalties that may apply for
making a false statement, misrepresentation, or unauthorized acquisition of not public data.
new text end

ARTICLE 4

DIRECT CARE AND TREATMENT

Section 1.

new text begin [246.701] ESTABLISHING OFFICE OF SPECIAL INVESTIGATIONS
LAW ENFORCEMENT DIVISION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Arrest" has the meaning given in section 629.30.
new text end

new text begin (c) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1, paragraph (f).
new text end

new text begin Subd. 2. new text end

new text begin Establishing Office of Special Investigations Law Enforcement
Division.
new text end

new text begin (a) The commissioner of human services may establish a law enforcement
agency known as the Department of Human Services Office of Special Investigations
Law Enforcement Division.
new text end

new text begin (b) The commissioner of human services may appoint peace officers, as defined in
section 626.84, subdivision 1, paragraph (c), to the Office of Special Investigations Law
Enforcement Division.
new text end

new text begin (c) Peace officers described in paragraph (b) must meet all applicable training and
licensing requirements according to chapter 626 and are subject to the Peace Officer
Discipline Procedures Act in section 626.89.
new text end

new text begin Subd. 3. new text end

new text begin Limited jurisdiction. new text end

new text begin (a) The jurisdiction of the Office of Special
Investigations Law Enforcement Division is limited to the arrest of individuals (1) who
reside at a state-operated facility, and (2) are committed to the commissioner or for whom
the commissioner is the legal guardian.
new text end

new text begin (b) The jurisdiction of the Office of Special Investigations Law Enforcement
Division is limited to the authority to arrest when there is probable cause that an individual
described in paragraph (a) committed a crime at a state-operated facility or escaped
custody in violation of section 609.485.
new text end

new text begin (c) The Office of Special Investigations Law Enforcement Division's jurisdiction
under this section is statewide.
new text end

new text begin Subd. 4. new text end

new text begin Liability. new text end

new text begin Nothing in this section subjects peace officers of the Office of
Special Investigations Law Enforcement Division to civil liability actions not expressly
stated in section 3.736 or 626.89.
new text end

Sec. 2.

Minnesota Statutes 2014, section 253B.18, subdivision 4b, is amended to read:


Subd. 4b.

Pass-eligible status; notification.

new text begin (a) new text end The following patients committed
to a secure treatment facility shall not be placed on pass-eligible status unless that status
has been approved by the medical director of the secure treatment facility:

deleted text begin (a)deleted text end new text begin (1)new text end a patient who has been committed as a person who is mentally ill and
dangerous and who:

deleted text begin (1)deleted text end new text begin (i)new text end was found incompetent to proceed to trial for a felony or was found not guilty
by reason of mental illness of a felony immediately prior to the filing of the commitment
petition;

deleted text begin (2)deleted text end new text begin (ii)new text end was convicted of a felony immediately prior to or during commitment as a
person who is mentally ill and dangerous; or

deleted text begin (3)deleted text end new text begin (iii)new text end is subject to a commitment to the commissioner of corrections; and

deleted text begin (b)deleted text end new text begin (2)new text end a patient who has been committed as a psychopathic personality, a sexually
psychopathic personality, or a sexually dangerous person.

new text begin (b) new text end At least ten days prior to a determination on the status, the medical director
shall notify the committing court, the county attorney of the county of commitment, the
designated agency, an interested person, the petitioner, and the petitioner's counsel of the
proposed status, and their right to request review deleted text begin by the special review boarddeleted text end . If within
ten days of receiving notice any notified person requests review by filing a notice of
objection with the commissioner and the head of the treatment facility, a hearing shall be
held deleted text begin beforedeleted text end new text begin .new text end The deleted text begin special review board.deleted text end new text begin judicial appeal panel shall hear review requests
for patients meeting the criteria of paragraph (a). For patients meeting the criteria of
paragraph (a), clause (1),
new text end the proposed status shall not be implemented unless it receives a
favorable recommendation by a majority of the new text begin special review new text end board and approval by the
commissioner. new text begin For patients meeting the criteria of paragraph (a), clause (2), the proposed
status shall not be implemented unless it is approved by the judicial appeal panel.
new text end The order
of the commissioner new text begin or judicial appeal panel new text end is appealable as provided in section 253B.19.

new text begin (c) new text end Nothing in this subdivision shall be construed to give a patient an affirmative
right to seek pass-eligible status from the deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all petitions for reduction in custody, appeals of revocation of transfers or
provisional discharges, or requests for review of pass-eligibility status filed on or after the
date of enactment.
new text end

Sec. 3.

Minnesota Statutes 2014, section 253D.27, subdivision 2, is amended to read:


Subd. 2.

Filing.

A petition for a reduction in custody or an appeal of a revocation of
provisional discharge may be filed by either the committed person or by the executive
director and must be filed with and considered by deleted text begin a panel of the special review board
authorized under section 253B.18, subdivision 4c
deleted text end new text begin the judicial appeal panelnew text end . A committed
person may not petition the deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end any sooner than six
months following either:

(1) the entry of judgment in the district court of the order for commitment issued
under section 253D.07, subdivision 5, or upon the exhaustion of all related appeal rights
in state court relating to that order, whichever is later; or

(2) any deleted text begin recommendation of the special review board ordeleted text end order of the judicial appeal
panel, or upon the exhaustion of all appeal rights in state court, whichever is later. The
executive director may petition at any time. deleted text begin The special review board proceedings are not
contested cases as defined in chapter 14.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all petitions for reduction in custody, appeals of revocation of transfers or
provisional discharges, or requests for review of pass-eligibility status filed on or after the
date of enactment.
new text end

Sec. 4.

Minnesota Statutes 2014, section 253D.28, as amended by Laws 2015, chapter
65, article 2, section 3, is amended to read:


253D.28 JUDICIAL APPEAL PANEL.

deleted text begin Subdivision 1. deleted text end

deleted text begin Rehearing and reconsideration. deleted text end

deleted text begin (a) A person committed as a
sexually dangerous person or a person with a sexual psychopathic personality under this
chapter, or committed as both mentally ill and dangerous to the public under section
253B.18 and as a sexually dangerous person or a person with a sexual psychopathic
personality under this chapter; the county attorney of the county from which the person was
committed or the county of financial responsibility; or the commissioner may petition the
judicial appeal panel established under section 253B.19, subdivision 1, for a rehearing and
reconsideration of a recommendation of the special review board under section 253D.27.
deleted text end

deleted text begin (b) The petition must be filed with the Supreme Court within 30 days after
the recommendation is mailed by the commissioner as required in section 253D.27,
subdivision 4. The hearing must be held within 180 days of the filing of the petition
unless an extension is granted for good cause.
deleted text end

deleted text begin (c) If no party petitions the judicial appeal panel for a rehearing or reconsideration
within 30 days, the judicial appeal panel shall either issue an order adopting the
recommendations of the special review board or set the matter on for a hearing pursuant
to this section.
deleted text end

Subd. 2.

Procedure.

(a) The Supreme Court shall refer a petition for deleted text begin rehearing
and reconsideration
deleted text end new text begin reduction in custodynew text end to the chief judge of the judicial appeal panel.
The chief judge shall notify the committed person, the county attorneys of the county
of commitment and county of financial responsibility, the commissioner, the executive
director, any interested person, and other persons the chief judge designates, of the time and
place of the hearing on the petition. The notice shall be given at least 14 days prior to the
date of the hearing. The hearing may be conducted by interactive video conference under
General Rules of Practice, rule 131, and Minnesota Rules of Civil Commitment, rule 14.

(b) Any person may oppose the petition. The committed person, the committed
person's counsel, the county attorneys of the committing county and county of financial
responsibility, and the commissioner shall participate as parties to the proceeding pending
before the judicial appeal panel and shall, no later than 20 days before the hearing on the
petition, inform the judicial appeal panel and the opposing party in writing whether they
support or oppose the petition and provide a summary of facts in support of their position.

(c) The judicial appeal panel may appoint examiners and may adjourn the hearing
from time to time. It shall hear and receive all relevant testimony and evidence and make
a record of all proceedings. The committed person, the committed person's counsel, and
the county attorney of the committing county or the county of financial responsibility have
the right to be present and may present and cross-examine all witnesses and offer a factual
and legal basis in support of their positions.

(d) The petitioning party seeking discharge or provisional discharge bears the
burden of going forward with the evidence, which means presenting a prima facie case
with competent evidence to show that the person is entitled to the requested relief. If
the petitioning party has met this burden, the party opposing discharge or provisional
discharge bears the burden of proof by clear and convincing evidence that the discharge or
provisional discharge should be denied.

(e) A party seeking transfer under section 253D.29 must establish by a preponderance
of the evidence that the transfer is appropriate.

Subd. 3.

Decision.

A majority of the judicial appeal panel shall rule upon the
petition. deleted text begin The panel shall consider the petition de novo.deleted text end No order of the judicial appeal
panel granting a transfer, discharge, or provisional discharge shall be made effective
sooner than 15 days after it is issued. deleted text begin The panel may not consider petitions for relief
other than those considered by the special review board from which the appeal is taken.
The judicial appeal panel may not grant a transfer or provisional discharge on terms or
conditions that were not presented to the special review board.
deleted text end

Subd. 4.

Appeal.

A party aggrieved by an order of the new text begin judicial new text end appeal panel may
appeal that order as provided under section 253B.19, subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all petitions for reduction in custody, appeals of revocation of transfers or
provisional discharges, or requests for review of pass-eligibility status filed on or after the
date of enactment.
new text end

Sec. 5.

Minnesota Statutes 2014, section 253D.29, subdivision 2, is amended to read:


Subd. 2.

Voluntary readmission to a secure facility.

(a) After a committed person
has been transferred out of a secure facility pursuant to subdivision 1 and with the consent
of the executive director, a committed person may voluntarily return to a secure facility
for a period of up to 60 days.

(b) If the committed person is not returned to the facility to which the person was
originally transferred pursuant to subdivision 1 within 60 days of being readmitted to a
secure facility, the transfer is revoked and the committed person shall remain in a secure
facility. The committed person shall immediately be notified in writing of the revocation.

(c) Within 15 days of receiving notice of the revocation, the committed person may
petition the deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end for a review of the revocation. The
deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end shall review the circumstances of the revocation
and shall deleted text begin recommend to the judicial appeal paneldeleted text end new text begin decidenew text end whether or not the revocation
shall be upheld. The deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end may also deleted text begin recommend
deleted text end new text begin ordernew text end a new transfer at the time of the revocation hearing.

(d) If the transfer has not been revoked and the committed person is to be returned
to the facility to which the committed person was originally transferred pursuant to
subdivision 1 with no substantive change to the conditions of the transfer ordered pursuant
to subdivision 1, no action by the deleted text begin special review board ordeleted text end judicial appeal panel is required.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all petitions for reduction in custody, appeals of revocation of transfers or
provisional discharges, or requests for review of pass-eligibility status filed on or after the
date of enactment.
new text end

Sec. 6.

Minnesota Statutes 2014, section 253D.29, subdivision 3, is amended to read:


Subd. 3.

Revocation.

(a) The executive director may revoke a transfer made pursuant
to subdivision 1 and require a committed person to return to a secure treatment facility if:

(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
the committed person or others; or

(2) the committed person has regressed in clinical progress so that the facility to
which the committed person was transferred is no longer sufficient to meet the committed
person's needs.

(b) Upon the revocation of the transfer, the committed person shall be immediately
returned to a secure treatment facility. A report documenting reasons for revocation shall
be issued by the executive director within seven days after the committed person is
returned to the secure treatment facility. Advance notice to the committed person of the
revocation is not required.

(c) The committed person must be provided a copy of the revocation report and
informed, orally and in writing, of the rights of a committed person under this section. The
revocation report shall be served upon the committed person and the committed person's
counsel. The report shall outline the specific reasons for the revocation including, but not
limited to, the specific facts upon which the revocation is based.

(d) If a committed person's transfer is revoked, the committed person may re-petition
for transfer according to section 253D.27.

(e) Any committed person aggrieved by a transfer revocation decision may petition
the deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end within seven days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of the revocation report for a review of the
revocation. The matter shall be scheduled within 30 days. The deleted text begin special review board
deleted text end new text begin judicial appeal panelnew text end shall review the circumstances leading to the revocation and, after
considering the factors in subdivision 1, paragraph (b), deleted text begin shall recommend to the judicial
appeal panel
deleted text end new text begin decidenew text end whether or not the revocation shall be upheld. The deleted text begin special review
board
deleted text end new text begin judicial appeal panelnew text end may also deleted text begin recommenddeleted text end new text begin ordernew text end a new transfer out of a secure
facility at the time of the revocation hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all petitions for reduction in custody, appeals of revocation of transfers or
provisional discharges, or requests for review of pass-eligibility status filed on or after the
date of enactment.
new text end

Sec. 7.

Minnesota Statutes 2014, section 253D.30, subdivision 3, is amended to read:


Subd. 3.

Review.

A provisional discharge pursuant to this chapter shall not
automatically terminate. A full discharge shall occur only as provided in section 253D.31.
The terms of a provisional discharge continue unless the committed person requests and
is granted a change in the conditions of provisional discharge or unless the committed
person petitions the deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end for a full discharge and the
discharge is granted by the judicial appeal panel.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all petitions for reduction in custody, appeals of revocation of transfers or
provisional discharges, or requests for review of pass-eligibility status filed on or after the
date of enactment.
new text end

Sec. 8.

Minnesota Statutes 2014, section 253D.30, subdivision 4, is amended to read:


Subd. 4.

Voluntary readmission.

(a) With the consent of the executive director, a
committed person may voluntarily return to the Minnesota sex offender program from
provisional discharge for a period of up to 60 days.

(b) If the committed person is not returned to provisional discharge status within 60
days of being readmitted to the Minnesota sex offender program, the provisional discharge
is revoked. The committed person shall immediately be notified of the revocation in
writing. Within 15 days of receiving notice of the revocation, the committed person may
request a review of the matter before the deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end . The
deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end shall review the circumstances of the revocation
and, after applying the standards in subdivision 5, paragraph (a), deleted text begin shall recommend to the
judicial appeal panel
deleted text end new text begin decidenew text end whether or not the revocation shall be upheld. The deleted text begin board
deleted text end new text begin judicial appeal panelnew text end may deleted text begin recommenddeleted text end new text begin ordernew text end a return to provisional discharge status.

(c) If the provisional discharge has not been revoked and the committed person is to
be returned to provisional discharge, the Minnesota sex offender program is not required
to petition for a further review by the deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end unless the
committed person's return to the community results in substantive change to the existing
provisional discharge plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all petitions for reduction in custody, appeals of revocation of transfers or
provisional discharges, or requests for review of pass-eligibility status filed on or after the
date of enactment.
new text end

Sec. 9.

Minnesota Statutes 2014, section 253D.30, subdivision 5, is amended to read:


Subd. 5.

Revocation.

(a) The executive director may revoke a provisional discharge
if either of the following grounds exist:

(1) the committed person has departed from the conditions of the provisional
discharge plan; or

(2) the committed person is exhibiting behavior which may be dangerous to self
or others.

(b) The executive director may revoke the provisional discharge and, either orally
or in writing, order that the committed person be immediately returned to a Minnesota
sex offender program treatment facility. A report documenting reasons for revocation
shall be issued by the executive director within seven days after the committed person
is returned to the treatment facility. Advance notice to the committed person of the
revocation is not required.

(c) The committed person must be provided a copy of the revocation report and
informed, orally and in writing, of the rights of a committed person under this section.
The revocation report shall be served upon the committed person, the committed person's
counsel, and the county attorneys of the county of commitment and the county of financial
responsibility. The report shall outline the specific reasons for the revocation, including
but not limited to the specific facts upon which the revocation is based.

(d) An individual who is revoked from provisional discharge must successfully
re-petition the deleted text begin special review board anddeleted text end judicial appeal panel prior to being placed back
on provisional discharge.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all petitions for reduction in custody, appeals of revocation of transfers or
provisional discharges, or requests for review of pass-eligibility status filed on or after the
date of enactment.
new text end

Sec. 10.

Minnesota Statutes 2014, section 253D.30, subdivision 6, is amended to read:


Subd. 6.

Appeal.

Any committed person aggrieved by a revocation decision or any
interested person may petition the deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end within seven
days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of the revocation
report for a review of the revocation. The matter shall be scheduled within 30 days. The
deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end shall review the circumstances leading to the
revocation and shall deleted text begin recommend to the judicial appeal paneldeleted text end new text begin decidenew text end whether or not the
revocation shall be upheld. The deleted text begin special review boarddeleted text end new text begin judicial appeal panelnew text end may also
deleted text begin recommenddeleted text end new text begin ordernew text end a new provisional discharge at the time of the revocation hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all petitions for reduction in custody, appeals of revocation of transfers or
provisional discharges, or requests for review of pass-eligibility status filed on or after the
date of enactment.
new text end

Sec. 11.

Minnesota Statutes 2014, section 253D.31, is amended to read:


253D.31 DISCHARGE.

A person who is committed as a sexually dangerous person or a person with a sexual
psychopathic personality shall not be discharged unless it appears to the satisfaction of the
judicial appeal paneldeleted text begin , after a hearing and recommendation by a majority of the special
review board,
deleted text end that the committed person is capable of making an acceptable adjustment to
open society, is no longer dangerous to the public, and is no longer in need of inpatient
treatment and supervision.

In determining whether a discharge shall be recommended, the deleted text begin special review board
and
deleted text end judicial appeal panel shall consider whether specific conditions exist to provide a
reasonable degree of protection to the public and to assist the committed person in adjusting
to the community. If the desired conditions do not exist, the discharge shall not be granted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all petitions for reduction in custody, appeals of revocation of transfers or
provisional discharges, or requests for review of pass-eligibility status filed on or after the
date of enactment.
new text end

Sec. 12.

Minnesota Statutes 2014, section 626.05, subdivision 2, is amended to read:


Subd. 2.

Peace officer.

The term "peace officer," as used in sections 626.04 to 626.17,
means a person who is licensed as a peace officer in accordance with section 626.84,
subdivision 1
, and who serves as a sheriff, deputy sheriff, police officer, conservation
officer, agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol
and Gambling Enforcement, University of Minnesota peace officer, Metropolitan Transit
police officer, Minnesota Department of Corrections Fugitive Apprehension Unit member,
new text begin Department of Human Services Office of Special Investigations Law Enforcement
Division officers,
new text end or State Patrol trooper as authorized by section 299D.03.

Sec. 13.

Minnesota Statutes 2014, section 626.84, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of sections 626.84 to 626.863, the
following terms have the meanings given them:

(a) "Board" means the Board of Peace Officer Standards and Training.

(b) "Director" means the executive director of the board.

(c) "Peace officer" means:

(1) an employee or an elected or appointed official of a political subdivision or
law enforcement agency who is licensed by the board, charged with the prevention and
detection of crime and the enforcement of the general criminal laws of the state and who
has the full power of arrest, and shall also include the Minnesota State Patrol, agents of the
Division of Alcohol and Gambling Enforcement, state conservation officers, Metropolitan
Transit police officers, Department of Corrections Fugitive Apprehension Unit officersnew text begin ,
Department of Human Services Office of Special Investigations Law Enforcement
Division officers
new text end , and Department of Commerce Fraud Bureau Unit officers, and the
statewide coordinator of the Violent Crime Coordinating Council; and

(2) a peace officer who is employed by a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e), and who
is licensed by the board.

(d) "Part-time peace officer" means an individual licensed by the board whose
services are utilized by law enforcement agencies no more than an average of 20 hours per
week, not including time spent on call when no call to active duty is received, calculated
on an annual basis, who has either full powers of arrest or authorization to carry a
firearm while on active duty. The term shall apply even though the individual receives
no compensation for time spent on active duty, and shall apply irrespective of the title
conferred upon the individual by any law enforcement agency.

(e) "Reserve officer" means an individual whose services are utilized by a law
enforcement agency to provide supplementary assistance at special events, traffic or
crowd control, and administrative or clerical assistance, and shall include reserve deputies,
special deputies, mounted or unmounted patrols, and all other employees or volunteers
performing reserve officer functions. A reserve officer's duties do not include enforcement
of the general criminal laws of the state, and the officer does not have full powers of arrest
or authorization to carry a firearm on duty.

(f) "Law enforcement agency" means:

(1) a unit of state or local government that is authorized by law to grant full powers
of arrest and to charge a person with the duties of preventing and detecting crime and
enforcing the general criminal laws of the state; and

(2) subject to the limitations in section 626.93, a law enforcement agency of a
federally recognized tribe, as defined in United States Code, title 25, section 450b(e).

(g) "Professional peace officer education" means a postsecondary degree program,
or a nondegree program for persons who already have a college degree, that is offered by
a college or university in Minnesota, designed for persons seeking licensure as a peace
officer, and approved by the board.