SF 3814

as introduced - 90th Legislature (2017 - 2018) Posted on 07/30/2018 02:50pm

A bill for an act
relating to children; establishing a process for transferring certain child welfare
and child protection responsibility from Beltrami and Clearwater Counties to the
Red Lake Nation; requiring a report; appropriating money.

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

Section 1. new text begin RED LAKE BAND OF CHIPPEWA AMERICAN INDIAN CHILD
WELFARE INITIATIVE.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer of responsibility. new text end

new text begin (a) The commissioner of human services
shall work with the Red Lake Nation to transfer legal responsibility to the tribe for providing
child welfare and child protection services to tribal members and families who reside on
the Red Lake Reservation in Beltrami and Clearwater Counties.
new text end

new text begin (b) The commissioner and the governing body of the tribe shall decide by consensus
which programs shall be transferred from the counties to the tribe. The commissioner shall
seek any necessary federal approvals and waivers to carry out the transfer.
new text end

new text begin (c) The commissioner may collaborate with the tribe to develop alternative methods of
investigating and assessing reports of maltreatment that recognize the status of the tribe,
with consideration of the fact that the tribe is not subject to Public Law 280.
new text end

new text begin (d) The day following the date on which the commissioner approves the transfer of
responsibility, Beltrami and Clearwater Counties shall be relieved of responsibility for
providing the transferred services to tribal members and families who reside within the
boundaries of the Red Lake Reservation, and the tribe shall assume such responsibility. As
part of the transfer of responsibility, the commissioner shall transfer funds previously
allocated to Beltrami and Clearwater Counties for provision of the transferred services to
the tribe, including administrative and program funds.
new text end

new text begin (e) The tribe shall cooperate fully with the commissioner in collecting information on
outcomes relating to child safety, permanency, and well-being. Information collected under
this paragraph must be provided to the commissioner in a format that will allow both the
tribe and the state to meet all applicable reporting requirements.
new text end

new text begin Subd. 2. new text end

new text begin Phases. new text end

new text begin (a) The transfer of responsibility under subdivision 1 shall take place
in two phases as described in this subdivision.
new text end

new text begin (b) During Phase I, the commissioner shall collaborate with the tribe to develop a plan
to transfer legal responsibility for child protection cases that arise on the Red Lake
Reservation from Beltrami and Clearwater Counties to the tribe. The plan must lay out the
process and timing for the transfer of cases. Money appropriated for this phase may be used
for the following purposes:
new text end

new text begin (1) development of policy and procedures;
new text end

new text begin (2) hiring staff;
new text end

new text begin (3) securing necessary information technology;
new text end

new text begin (4) increasing physical space; and
new text end

new text begin (5) ensuring that the Red Lake tribal court system's procedures comply with child
protection laws, including federal IV-E requirements.
new text end

new text begin (c) During Phase II, the plan created during Phase I shall be implemented. Money
appropriated for this phase may be used for the following purposes:
new text end

new text begin (1) out-of-home placement services;
new text end

new text begin (2) staff expenses, including salaries and benefits;
new text end

new text begin (3) overhead expenses;
new text end

new text begin (4) buildings, vehicles, and equipment;
new text end

new text begin (5) supplies;
new text end

new text begin (6) staff and foster parent training;
new text end

new text begin (7) services, including vouchers, food, and clothing; and
new text end

new text begin (8) family preservation services.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin No later than January 15, 2019, the commissioner shall submit a written
report on the progress of the transfer of legal responsibility under this section to the chairs
and ranking minority members of the legislative committees with jurisdiction over health
and human services. If legislation is needed to complete the transfer of responsibility, the
commissioner shall submit proposed legislation with the written report.
new text end

Sec. 2. new text begin APPROPRIATION; CHILD WELFARE INITIATIVE.
new text end

new text begin Subdivision 1. new text end

new text begin Phase I appropriation. new text end

new text begin $4,950,000 in fiscal year 2019 is appropriated
from the general fund to the commissioner of human services for a grant to the Red Lake
Band of Chippewa Indians for the purposes of carrying out Phase I of the child welfare
initiative under section 1.
new text end

new text begin Subd. 2. new text end

new text begin Phase II appropriation. new text end

new text begin $11,750,000 in fiscal year 2020 is appropriated from
the general fund to the commissioner of human services for a grant to the Red Lake Band
of Chippewa Indians for the purposes of carrying out Phase II of the child welfare initiative
under section 1.
new text end