SF 3471

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; clarifying responsibility for costs associated with
juvenile delinquency adjudications; amending Minnesota Statutes 2004, sections
256G.01, subdivision 5; 260B.331, by adding a subdivision; Minnesota Statutes
2005 Supplement, section 256G.01, subdivision 3; repealing Minnesota Statutes
2004, section 260B.331, subdivision 4.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 256G.01, subdivision 3,
is amended to read:

Subd. 3.

Program coverage.

This chapter applies to all social service programs
administered by the commissioner in which residence is the determining factor in
establishing financial responsibility. These include, but are not limited to: commitment
proceedings, including voluntary admissions; emergency holds; poor relief funded wholly
through local agencies; social services, including title XX, IV-E and section 256E.12;
social services programs funded wholly through the resources of county agencies; social
services provided under the Minnesota Indian Family Preservation Act, sections 260.751
to 260.781; deleted text begin costs for delinquency confinement under section 393.07, subdivision 2; deleted text end service
responsibility for these programs; and group residential housing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 256G.01, subdivision 5, is amended to read:

Subd. 5.

Scope and effect.

Unless stated otherwise, the provisions of this chapter
also apply to disputes involving financial responsibility for social services when another
definition of the county of financial responsibility has been created in Minnesota Statutes. new text begin
The provisions of this chapter do not apply to the costs of care, examination, or treatment
of children in connection with juvenile delinquency proceedings. Financial responsibility
for either pre- or postdelinquency adjudication orders from a judge of juvenile court
shall be a charge upon the welfare funds of the county in which the proceedings are held
as provided in section 260B.331.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 3.

Minnesota Statutes 2004, section 260B.331, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Request for review by commissioner. new text end

new text begin The county charged with the costs
of care, examination and treatment, or other expenses of a child under subdivisions 1 and
2 may request that the commissioner review a detailed statement of facts upon which the
charged county bases its claim that the costs be paid by the child's county of residence.
The commissioner shall immediately investigate and determine the question of financial
responsibility and shall certify findings to the local social services agency of each county.
The decision of the commissioner is final and shall be complied with unless, within 30
days, an action is initiated in district court. An appeal for review of the determination
of the commissioner must be made in accordance with provisions in section 256.045,
subdivisions 7, 8, 9, and 10. In making the determination of financial responsibility for
the costs of care, examination and treatment, or other expenses of a child ordered by a
judge of juvenile court, the commissioner shall determine whether any facts pertaining
to a juvenile court order for a juvenile delinquency placement, pre- or postadjudication,
require a deviation from the provisions of subdivisions 1 and 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 260B.331, subdivision 4, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end