Engrossments
Introduction		Posted on 03/18/2022
1st Engrossment		Posted on 03/29/2022
2nd Engrossment		Posted on 04/21/2022
3rd Engrossment		Posted on 05/10/2022

ARTICLE 1

CHILDREN AND FAMILY SERVICES

Section 1.

Minnesota Statutes 2020, section 145.4716, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Funding. new text end

new text begin Funds appropriated for this section shall not be used for any activity
other than the authorized activities under this section, and the commissioner shall not create
additional eligibility criteria or restrictions on the funds. The commissioner must prioritize
providing trauma-informed, culturally inclusive services for sexually exploited youth or
youth at risk of sexual exploitation under this section.
new text end

Sec. 2.

Minnesota Statutes 2020, section 256E.33, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Transitional housing" means housing designed for independent living and provided
to a homeless person or family at a rental rate of at least 25 percent of the family income
for a period of up to deleted text begin24deleted text endnew text begin 36new text end months. If a transitional housing program is associated with a
licensed facility or shelter, it must be located in a separate facility or a specified section of
the main facility where residents can be responsible for their own meals and other daily
needs.

(c) "Support services" means an assessment service that identifies the needs of individuals
for independent living and arranges or provides for the appropriate educational, social, legal,
advocacy, child care, employment, financial, health care, or information and referral services
to meet these needs.

Sec. 3.

Minnesota Statutes 2020, section 256E.33, subdivision 2, is amended to read:

Subd. 2.

Establishment and administration.

A transitional housing program is
established to be administered by the commissioner. The commissioner may make grants
to eligible recipients or enter into agreements with community action agencies or other
public or private nonprofit agencies to make grants to eligible recipients to initiate, maintain,
or expand programs to provide transitional housing and support services for persons in need
of transitional housing, which may include up to six months of follow-up support services
for persons who complete transitional housing as they stabilize in permanent housing. The
commissioner must ensure that money appropriated to implement this section is distributed
as soon as practicable. The commissioner may make grants directly to eligible recipients.
The commissioner may new text beginextend new text enduse deleted text beginup to ten percent of the appropriation available fordeleted text endnew text begin ofnew text end
this program for persons needing assistance longer than deleted text begin24deleted text endnew text begin 36new text end months.

Sec. 4.

Minnesota Statutes 2020, section 256E.35, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The Minnesota family assets for independence initiative
is established to provide incentives for low-income families to accrue assets for education,
housing, vehiclesnew text begin, emergenciesnew text end, and economic development purposes.

Sec. 5.

Minnesota Statutes 2020, section 256E.35, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Eligible educational institution" means the following:

(1) an institution of higher education described in section 101 or 102 of the Higher
Education Act of 1965; or

(2) an area vocational education school, as defined in subparagraph (C) or (D) of United
States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and
Applied Technology Education Act), which is located within any state, as defined in United
States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the
extent section 2302 is in effect on August 1, 2008.

(c) "Family asset account" means a savings account opened by a household participating
in the Minnesota family assets for independence initiative.

(d) "Fiduciary organization" means:

(1) a community action agency that has obtained recognition under section 256E.31;

(2) a federal community development credit union deleted text beginserving the seven-county metropolitan
areadeleted text end; deleted text beginor
deleted text end

(3) a women-oriented economic development agency deleted text beginserving the seven-county
metropolitan areadeleted text endnew text begin;
new text end

new text begin (4) a federally recognized Tribal nation; or
new text end

new text begin (5) a nonprofit organization, as defined under section 501(c)(3) of the Internal Revenue
Codenew text end.

(e) "Financial coach" means a person who:

(1) has completed an intensive financial literacy training workshop that includes
curriculum on budgeting to increase savings, debt reduction and asset building, building a
good credit rating, and consumer protection;

(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM)
network training meetings under FAIM program supervision; and

(3) provides financial coaching to program participants under subdivision 4a.

(f) "Financial institution" means a bank, bank and trust, savings bank, savings association,
or credit union, the deposits of which are insured by the Federal Deposit Insurance
Corporation or the National Credit Union Administration.

(g) "Household" means all individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other individuals.

(h) "Permissible use" means:

(1) postsecondary educational expenses at an eligible educational institution as defined
in paragraph (b), including books, supplies, and equipment required for courses of instruction;

(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including
any usual or reasonable settlement, financing, or other closing costs;

(3) business capitalization expenses for expenditures on capital, plant, equipment, working
capital, and inventory expenses of a legitimate business pursuant to a business plan approved
by the fiduciary organization;

(4) acquisition costs of a principal residence within the meaning of section 1034 of the
Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase
price applicable to the residence determined according to section 143(e)(2) and (3) of the
Internal Revenue Code of 1986; deleted text beginand
deleted text end

(5) acquisition costs of a personal vehicle only if approved by the fiduciary organizationnew text begin;
new text end

new text begin (6) contribution to an emergency savings account; and
new text end

new text begin (7) contribution to a Minnesota 529 savings plannew text end.

Sec. 6.

Minnesota Statutes 2020, section 256E.35, subdivision 4a, is amended to read:

Subd. 4a.

Financial coaching.

A financial coach shall provide the following to program
participants:

(1) financial education relating to budgeting, debt reduction, asset-specific trainingnew text begin,
credit buildingnew text end, and financial stability activities;

(2) asset-specific training related to buying a home or vehicle, acquiring postsecondary
education, deleted text beginordeleted text end starting or expanding a small businessnew text begin, saving for emergencies, or saving for
a child's educationnew text end; and

(3) financial stability education and training to improve and sustain financial security.

Sec. 7.

Minnesota Statutes 2020, section 256E.35, subdivision 6, is amended to read:

Subd. 6.

Withdrawal; matching; permissible uses.

(a) To receive a match, a
participating household must transfer funds withdrawn from a family asset account to its
matching fund custodial account held by the fiscal agent, according to the family asset
agreement. The fiscal agent must determine if the match request is for a permissible use
consistent with the household's family asset agreement.

(b) The fiscal agent must ensure the household's custodial account contains the applicable
matching funds to match the balance in the household's account, including interest, on at
least a quarterly basis and at the time of an approved withdrawal. Matches must be a
contribution of $3 from state grant or TANF funds for every $1 of funds withdrawn from
the family asset account not to exceed a $6,000 lifetime limit.

(c) Notwithstanding paragraph (b), if funds are appropriated for the Federal Assets for
Independence Act of 1998, and a participating fiduciary organization is awarded a grant
under that act, participating households with that fiduciary organization must be provided
matches as follows:

(1) from state grant and TANF funds, a matching contribution of $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a deleted text begin$3,000deleted text endnew text begin $4,500new text end lifetime limit;
and

(2) from nonstate funds, a matching contribution of not less than $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a deleted text begin$3,000deleted text endnew text begin $4,500new text end lifetime limit.

(d) Upon receipt of transferred custodial account funds, the fiscal agent must make a
direct payment to the vendor of the goods or services for the permissible use.

Sec. 8.

Minnesota Statutes 2020, section 256E.35, subdivision 7, is amended to read:

Subd. 7.

Program reporting.

The fiscal agent on behalf of each fiduciary organization
participating in a family assets for independence initiative must report quarterly to the
commissioner of human services identifying the participants with accounts, the number of
accounts, the amount of savings and matches for each participant's account, the uses of the
account, and the number of businesses, homes, vehicles, and educational services paid for
with money from the account, new text beginand the amount of contributions to Minnesota 529 savings
plans and emergency savings accounts, new text endas well as other information that may be required
for the commissioner to administer the program and meet federal TANF reporting
requirements.

Sec. 9.

Minnesota Statutes 2020, section 256K.45, subdivision 6, is amended to read:

Subd. 6.

Funding.

Funds appropriated for this section may be expended on programs
described under subdivisions 3 to 5new text begin and 8new text end, technical assistance, and capacity building to
meet the greatest need on a statewide basis. The commissioner will provide outreach,
technical assistance, and program development support to increase capacity to new and
existing service providers to better meet needs statewide, particularly in areas where services
for homeless youth have not been established, especially in greater Minnesota.

Sec. 10.

Minnesota Statutes 2020, section 256K.45, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Awarding of grants. new text end

new text begin (a) Grants awarded under this section shall not be used
for any activity other than the authorized activities under this section, and the commissioner
shall not create additional eligibility criteria or restrictions on the grant money.
new text end

new text begin (b) Grants shall be awarded under this section only after a review of the grant recipient's
application materials, including past performance and utilization of grant money. The
commissioner shall not reduce an existing grant award amount unless the commissioner
first determines that the grant recipient has failed to meet performance measures or has used
grant money improperly.
new text end

new text begin (c) For grants awarded pursuant to a two-year grant contract, the commissioner shall
permit grant recipients to carry over any unexpended amount from the first contract year
to the second contract year.
new text end

Sec. 11.

Minnesota Statutes 2020, section 256K.45, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Provider repair or improvement grants. new text end

new text begin (a) Providers that serve homeless
youth under this section may apply for a grant of up to $100,000 under this subdivision to
make minor or mechanical repairs or improvements to a facility providing services to
homeless youth or youth at risk of homelessness.
new text end

new text begin (b) Grant applications under this subdivision must include a description of the repairs
or improvements and the estimated cost of the repairs or improvements.
new text end

new text begin (c) Grantees under this subdivision cannot receive grant funds under this subdivision
for two consecutive years.
new text end

Sec. 12.

Minnesota Statutes 2020, section 256P.02, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Account exception. new text end

new text begin Family asset accounts under section 256E.35 and individual
development accounts authorized under the Assets for Independence Act, Title IV of the
Community Opportunities, Accountability, and Training and Educational Services Human
Services Reauthorization Act of 1998, Public Law 105-285, shall be excluded when
determining the equity value of personal property.
new text end

Sec. 13.

Minnesota Statutes 2020, section 256P.04, subdivision 11, is amended to read:

Subd. 11.

Participant's completion of household report form.

(a) When a participant
is required to complete a household report form, the following paragraphs apply.

(b) If the agency receives an incomplete household report form, the agency must
immediately deleted text beginreturn the incomplete form and clearly state what the participant must do for
the form to be completedeleted text endnew text begin contact the participant by phone or in writing to acquire the necessary
information to complete the formnew text end.

(c) The automated eligibility system must send a notice of proposed termination of
assistance to the participant if a complete household report form is not received by the
agency. The automated notice must be mailed to the participant by approximately the 16th
of the month. When a participant submits an incomplete form on or after the date a notice
of proposed termination has been sent, the termination is valid unless the participant submits
a complete form before the end of the month.

(d) The submission of a household report form is considered to have continued the
participant's application for assistance if a complete household report form is received within
a calendar month after the month in which the form was due. Assistance shall be paid for
the period beginning with the first day of that calendar month.

(e) An agency must allow good cause exemptions for a participant required to complete
a household report form when any of the following factors cause a participant to fail to
submit a completed household report form before the end of the month in which the form
is due:

(1) an employer delays completion of employment verification;

(2) the agency does not help a participant complete the household report form when the
participant asks for help;

(3) a participant does not receive a household report form due to a mistake on the part
of the department or the agency or a reported change in address;

(4) a participant is ill or physically or mentally incapacitated; or

(5) some other circumstance occurs that a participant could not avoid with reasonable
care which prevents the participant from providing a completed household report form
before the end of the month in which the form is due.

Sec. 14.

Minnesota Statutes 2021 Supplement, section 256P.06, subdivision 3, is amended
to read:

Subd. 3.

Income inclusions.

The following must be included in determining the income
of an assistance unit:

(1) earned income; and

(2) unearned income, which includes:

(i) interest and dividends from investments and savings;

(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;

(iii) proceeds from rent and contract for deed payments in excess of the principal and
interest portion owed on property;

(iv) income from trusts, excluding special needs and supplemental needs trusts;

(v) interest income from loans made by the participant or household;

(vi) cash prizes and winnings;

(vii) unemployment insurance income that is received by an adult member of the
assistance unit unless the individual receiving unemployment insurance income is:

(A) 18 years of age and enrolled in a secondary school; or

(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;

(viii) retirement, survivors, and disability insurance payments;

(ix) nonrecurring income over $60 per quarter unless the nonrecurring income is: (A)
from tax refunds, tax rebates, or tax credits; (B) a reimbursement, rebate, award, grant, or
refund of personal or real property or costs or losses incurred when these payments are
made by: a public agency; a court; solicitations through public appeal; a federal, state, or
local unit of government; or a disaster assistance organization; (C) provided as an in-kind
benefit; or (D) earmarked and used for the purpose for which it was intended, subject to
verification requirements under section 256P.04;

(x) retirement benefits;

(xi) cash assistance benefits, as defined by each program in chapters 119B, 256D, 256I,
and 256J;

(xii) Tribal per capita payments unless excluded by federal and state law;

deleted text begin (xiii) income and payments from service and rehabilitation programs that meet or exceed
the state's minimum wage rate;
deleted text end

deleted text begin (xiv)deleted text endnew text begin (xiii)new text end income from members of the United States armed forces unless excluded
from income taxes according to federal or state law;

deleted text begin (xv)deleted text endnew text begin (xiv)new text end all child support payments for programs under chapters 119B, 256D, and 256I;

deleted text begin (xvi)deleted text endnew text begin (xv)new text end the amount of child support received that exceeds $100 for assistance units
with one child and $200 for assistance units with two or more children for programs under
chapter 256J;

deleted text begin (xvii)deleted text endnew text begin (xvi)new text end spousal support; and

deleted text begin (xviii)deleted text endnew text begin (xvii)new text end workers' compensation.

Sec. 15.

Minnesota Statutes 2020, section 260.012, is amended to read:

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
servicesnew text begin and practicesnew text end, by the social services agency are made to prevent placement or to
eliminate the need for removal and to reunite the child with the child's family at the earliest
possible time, and the court must ensure that the responsible social services agency makes
reasonable efforts to finalize an alternative permanent plan for the child as provided in
paragraph (e). In determining reasonable efforts to be made with respect to a child and in
making those reasonable efforts, the child's best interests, health, and safety must be of
paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
reunification are always required except upon a determination by the court that a petition
has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;

(2) the parental rights of the parent to another child have been terminated involuntarily;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);

(4) the parent's custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d),
clause (1), section 260C.515, subdivision 4, or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 260E.03, against the
child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable under the circumstances.

(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section 260C.505, or a termination of parental rights
petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under
sections 260C.503 to 260C.521 must be held within 30 days of this determination.

(c) In the case of an Indian child, in proceedings under sections 260B.178, 260C.178,
260C.201, 260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, the juvenile court
must make findings and conclusions consistent with the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In
cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901, the responsible social services agency must provide active efforts as required under
United States Code, title 25, section 1911(d).

(d) "Reasonable efforts to prevent placement" means:

(1) the agency has made reasonable efforts to prevent the placement of the child in foster
care by working with the family to develop and implement a safety plannew text begin that is individualized
to the needs of the child and the child's family and may include support persons from the
child's extended family, kin network, and communitynew text end; or

(2) new text beginthe agency has demonstrated to the court that, new text endgiven the particular circumstances of
the child and family at the time of the child's removal, there are no services or efforts
available deleted text beginwhichdeleted text endnew text begin thatnew text end could allow the child to safely remain in the home.

(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence
by the responsible social services agency to:

(1) reunify the child with the parent or guardian from whom the child was removed;

(2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
where appropriate, provide services necessary to enable the noncustodial parent to safely
provide the care, as required by section 260C.219;

(3) conduct a relative search to identify and provide notice to adult relativesnew text begin, and engage
relatives in case planning and permanency planning,new text end as required under section 260C.221;

new text begin (4) consider placing the child with relatives in the order specified in section 260C.212,
subdivision 2, paragraph (a);
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end place siblings removed from their home in the same home for foster care or
adoption, or transfer permanent legal and physical custody to a relative. Visitation between
siblings who are not in the same foster care, adoption, or custodial placement or facility
shall be consistent with section 260C.212, subdivision 2; and

deleted text begin (5)deleted text endnew text begin (6)new text end when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the child,
and considers permanent alternative homes for the child inside or outside of the state,
preferably new text beginwith a relative in the order specified in section 260C.212, subdivision 2, paragraph
(a), new text endthrough adoption or transfer of permanent legal and physical custody of the child.

(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the
new text begin individualized new text endneeds of the child and the child's family. Services may include those provided
by the responsible social services agency and other culturally appropriate services available
in the community. new text beginThe responsible social services agency must select services for a child
and the child's family by collaborating with the child's family and, if appropriate, the child.
new text end At each stage of the proceedings deleted text beginwheredeleted text endnew text begin whennew text end the court is required to review the
appropriateness of the responsible social services agency's reasonable efforts as described
in paragraphs (a), (d), and (e), the social services agency has the burden of demonstrating
that:

(1) deleted text beginitdeleted text end new text beginthe agency new text endhas made reasonable efforts to prevent placement of the child in foster
carenew text begin, including that the agency considered or established a safety plan according to paragraph
(d), clause (1)new text end;

(2) deleted text beginitdeleted text endnew text begin the agencynew text end has made reasonable efforts to eliminate the need for removal of the
child from the child's home and to reunify the child with the child's family at the earliest
possible time;

new text begin (3) the agency has made reasonable efforts to finalize a permanent plan for the child
pursuant to paragraph (e);
new text end

deleted text begin (3) itdeleted text end new text begin(4) the agency new text endhas made reasonable efforts to finalize an alternative permanent
home for the child, and deleted text beginconsidersdeleted text endnew text begin considerednew text end permanent alternative homes for the child
deleted text begin inside or outsidedeleted text endnew text begin in or outnew text end of the statenew text begin, preferably with a relative in the order specified in
section 260C.212, subdivision 2, paragraph (a)new text end; or

deleted text begin (4)deleted text endnew text begin (5)new text end reasonable efforts to prevent placement and to reunify the child with the parent
or guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or factsnew text begin thatnew text end the agency believes demonstrate new text beginthat new text endthere is no need for
reasonable efforts to reunify the parent and child, or through testimony or a certified report
required under juvenile court rules.

(g) Once the court determines that reasonable efforts for reunification are not required
because the court has made one of the prima facie determinations under paragraph (a), the
court may only require new text beginthe agency to make new text endreasonable efforts for reunification after a hearing
according to section 260C.163, deleted text beginwheredeleted text endnew text begin ifnew text end the court findsnew text begin thatnew text end there is not clear and convincing
evidence of the facts upon which the court based deleted text beginitsdeleted text endnew text begin the court'snew text end prima facie determination.
deleted text begin In this case whendeleted text endnew text begin Ifnew text end there is clear and convincing evidence that the child is in need of
protection or services, the court may find the child in need of protection or services and
order any of the dispositions available under section 260C.201, subdivision 1. Reunification
of a child with a parent is not required if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185
to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the child;

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent;

(4) committing sexual abuse as defined in section 260E.03, against the child or another
child of the parent; or

(5) an offense that requires registration as a predatory offender under section 243.166,
subdivision 1b, paragraph (a) or (b).

(h) The juvenile court, in proceedings under sections 260B.178, 260C.178, 260C.201,
260C.202, 260C.204, 260C.301, or 260C.503 to 260C.521, shall make findings and
conclusions as to the provision of reasonable efforts. When determining whether reasonable
efforts have been madenew text begin by the agencynew text end, the court shall consider whether services to the child
and family were:

new text begin (1) selected in collaboration with the child's family and, if appropriate, the child;
new text end

new text begin (2) tailored to the individualized needs of the child and child's family;
new text end

deleted text begin (1)deleted text endnew text begin (3)new text end relevant to the safety deleted text beginanddeleted text endnew text begin,new text end protectionnew text begin, and well-beingnew text end of the child;

deleted text begin (2)deleted text endnew text begin (4)new text end adequate to meet the new text beginindividualized new text endneeds of the child and family;

deleted text begin (3)deleted text endnew text begin (5)new text end culturally appropriate;

deleted text begin (4)deleted text endnew text begin (6)new text end available and accessible;

deleted text begin (5)deleted text endnew text begin (7)new text end consistent and timely; and

deleted text begin (6)deleted text endnew text begin (8)new text end realistic under the circumstances.

In the alternative, the court may determine that new text beginthe new text endprovision of services or further services
for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances
or that reasonable efforts are not required as provided in paragraph (a).

(i) This section does not prevent out-of-home placement for new text beginthe new text endtreatment of a child with
a mental disability when it is determined to be medically necessary as a result of the child's
diagnostic assessment or new text beginthe child's new text endindividual treatment plan indicates that appropriate and
necessary treatment cannot be effectively provided outside of a residential or inpatient
treatment program and the level or intensity of supervision and treatment cannot be
effectively and safely provided in the child's home or community and it is determined that
a residential treatment setting is the least restrictive setting that is appropriate to the needs
of the child.

(j) If continuation of reasonable efforts to prevent placement or reunify the child with
the parent or guardian from whom the child was removed is determined by the court to be
inconsistent with the permanent plan for the child or upon the court making one of the prima
facie determinations under paragraph (a), reasonable efforts must be made to place the child
in a timely manner in a safe and permanent home and to complete whatever steps are
necessary to legally finalize the permanent placement of the child.

(k) Reasonable efforts to place a child for adoption or in another permanent placement
may be made concurrently with reasonable efforts to prevent placement or to reunify the
child with the parent or guardian from whom the child was removed. When the responsible
social services agency decides to concurrently make reasonable efforts for both reunification
and permanent placement away from the parent under paragraph (a), the agency shall disclose
deleted text begin itsdeleted text endnew text begin the agency'snew text end decision and both plans for concurrent reasonable efforts to all parties and
the court. When the agency discloses deleted text beginitsdeleted text endnew text begin the agency'snew text end decision to proceed deleted text beginondeleted text endnew text begin withnew text end both plans
for reunification and permanent placement away from the parent, the court's review of the
agency's reasonable efforts shall include the agency's efforts under both plans.

Sec. 16.

Minnesota Statutes 2020, section 260C.001, subdivision 3, is amended to read:

Subd. 3.

Permanency, termination of parental rights, and adoption.

The purpose of
the laws relating to permanency, termination of parental rights, and children who come
under the guardianship of the commissioner of human services is to ensure that:

(1) when required and appropriate, reasonable efforts have been made by the social
services agency to reunite the child with the child's parents in a home that is safe and
permanent;

(2) if placement with the parents is not reasonably foreseeable, to secure for the child a
safe and permanent placement according to the requirements of section 260C.212, subdivision
2, preferably deleted text beginwith adoptive parentsdeleted text endnew text begin with a relative through an adoption or a transfer of
permanent legal and physical custodynew text end or, if that is not possible or in the best interests of the
child, deleted text begina fit and willing relative through transfer of permanent legal and physical custody to
that relativedeleted text endnew text begin with a nonrelative caregiver through adoptionnew text end; and

(3) when a child is under the guardianship of the commissioner of human services,
reasonable efforts are made to finalize an adoptive home for the child in a timely manner.

Nothing in this section requires reasonable efforts to prevent placement or to reunify
the child with the parent or guardian to be made in circumstances where the court has
determined that the child has been subjected to egregious harm, when the child is an
abandoned infant, the parent has involuntarily lost custody of another child through a
proceeding under section 260C.515, subdivision 4, or similar law of another state, the
parental rights of the parent to a sibling have been involuntarily terminated, or the court has
determined that reasonable efforts or further reasonable efforts to reunify the child with the
parent or guardian would be futile.

The paramount consideration in all proceedings for permanent placement of the child
under sections 260C.503 to 260C.521, or the termination of parental rights is the best interests
of the child. In proceedings involving an American Indian child, as defined in section
260.755, subdivision 8, the best interests of the child must be determined consistent with
the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et seq.

Sec. 17.

Minnesota Statutes 2020, section 260C.007, subdivision 27, is amended to read:

Subd. 27.

Relative.

"Relative" means a person related to the child by blood, marriage,
or adoption; the legal parent, guardian, or custodian of the child's siblings; or an individual
who is an important friend new text beginof the child or of the child's parent or custodian, including an
individual new text endwith whom the child has resided or had significant contactnew text begin or who has a significant
relationship to the child or the child's parent or custodiannew text end.

Sec. 18.

Minnesota Statutes 2020, section 260C.151, subdivision 6, is amended to read:

Subd. 6.

Immediate custody.

If the court makes individualized, explicit findings, based
on the notarized petition or sworn affidavit, that there are reasonable grounds to believe
new text begin that new text endthe child is in surroundings or conditions deleted text beginwhichdeleted text endnew text begin thatnew text end endanger the child's health, safety,
or welfare that require that responsibility for the child's care and custody be immediately
assumed by the responsible social services agency and that continuation of the child in the
custody of the parent or guardian is contrary to the child's welfare, the court may order that
the officer serving the summons take the child into immediate custody for placement of the
child in foster carenew text begin, preferably with a relativenew text end. In ordering that responsibility for the care,
custody, and control of the child be assumed by the responsible social services agency, the
court is ordering emergency protective care as that term is defined in the juvenile court
rules.

Sec. 19.

Minnesota Statutes 2020, section 260C.152, subdivision 5, is amended to read:

Subd. 5.

Notice to foster parents and preadoptive parents and relatives.

The foster
parents, if any, of a child and any preadoptive parent or relative providing care for the child
must be provided notice of and a right to be heard in any review or hearing to be held with
respect to the child. Any other relative may also request, and must be granted, a notice and
the deleted text beginopportunitydeleted text endnew text begin rightnew text end to be heard under this section. This subdivision does not require that
a foster parent, preadoptive parent, deleted text beginordeleted text end relative providing care for the childnew text begin, or any other
relativenew text end be made a party to a review or hearing solely on the basis of the notice and right to
be heard.

Sec. 20.

Minnesota Statutes 2020, section 260C.175, subdivision 2, is amended to read:

Subd. 2.

Notice to parent or custodiannew text begin and child; emergency placement with
relativenew text end.

deleted text beginWheneverdeleted text endnew text begin (a) At the time thatnew text end a peace officer takes a child into custody fornew text begin relative
placement ornew text end shelter care deleted text beginor relative placementdeleted text end pursuant to subdivision 1, section 260C.151,
subdivision 5, or section 260C.154, the officer shall notify the new text beginchild's new text endparent or custodiannew text begin
and the child, if the child is ten years of age or older,new text end that under section 260C.181, subdivision
2, the parent or custodiannew text begin or the childnew text end may request deleted text beginthatdeleted text endnew text begin to placenew text end the child deleted text beginbe placeddeleted text end with a
relative deleted text beginor a designated caregiver under chapter 257Adeleted text endnew text begin as defined in section 260C.007,
subdivision 27,new text end instead of in a shelter care facility.

new text begin (b) When a child who is not alleged to be delinquent is taken into custody pursuant to
subdivision 1, clause (1) or (2), item (ii), and placement with an identified relative is
requested, the peace officer shall coordinate with the responsible social services agency to
ensure the child's safety and well-being and comply with section 260C.181, subdivision 2.
new text end

new text begin (c) new text endThe officer also shall give the parent or custodian of the child a list of names,
addresses, and telephone numbers of social services agencies that offer child welfare services.
If the parent or custodian was not present when the child was removed from the residence,
the list shall be left with an adult on the premises or left in a conspicuous place on the
premises if no adult is present. If the officer has reason to believe the parent or custodian
is not able to read and understand English, the officer must provide a list that is written in
the language of the parent or custodian. The list shall be prepared by the commissioner of
human services. The commissioner shall prepare lists for each county and provide each
county with copies of the list without charge. The list shall be reviewed annually by the
commissioner and updated if it is no longer accurate. Neither the commissioner nor any
peace officer or the officer's employer shall be liable to any person for mistakes or omissions
in the list. The list does not constitute a promise that any agency listed will deleted text beginin factdeleted text end assist the
parent or custodian.

Sec. 21.

Minnesota Statutes 2020, section 260C.176, subdivision 2, is amended to read:

Subd. 2.

Reasons for detention.

(a) If the child is not released as provided in subdivision
1, the person taking the child into custody shall notify the court as soon as possible of the
detention of the child and the reasons for detention.

(b) No child taken into custody and placed in anew text begin relative's home ornew text end shelter care facility
deleted text begin or relative's homedeleted text end by a peace officer pursuant to section 260C.175, subdivision 1, clause
(1) or (2), item (ii), may be held in custody longer than 72 hours, excluding Saturdays,
Sundays and holidays, unless a petition has been filed and the judge or referee determines
pursuant to section 260C.178 that the child shall remain in custody or unless the court has
made a finding of domestic abuse perpetrated by a minor after a hearing under Laws 1997,
chapter 239, article 10, sections 2 to 26, in which case the court may extend the period of
detention for an additional seven days, within which time the social services agency shall
conduct an assessment and shall provide recommendations to the court regarding voluntary
services or file a child in need of protection or services petition.

Sec. 22.

Minnesota Statutes 2020, section 260C.178, subdivision 1, is amended to read:

Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into custody
under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a
hearing within 72 hours of the timenew text begin thatnew text end the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continuenew text begin to benew text end in
custody.

(b) Unless there is reason to believe that the child would endanger self or others or not
return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian, or
other suitable person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.

(c) If the court determines new text beginthat new text endthere is reason to believe that the child would endanger
self or others or not return for a court hearing, or that the child's health or welfare would be
immediately endangered if returned to the care of the parent or guardian who has custody
and from whom the child was removed, the court shall order the childnew text begin:
new text end

new text begin (1) into the care of the child's noncustodial parent and order the noncustodial parent to
comply with any conditions that the court determines appropriate to ensure the safety and
care of the child, including requiring the noncustodial parent to cooperate with paternity
establishment proceedings if the noncustodial parent has not been adjudicated the child's
father; or
new text end

new text begin (2)new text end into foster care as defined in section 260C.007, subdivision 18, under the legal
responsibility of the responsible social services agency or responsible probation or corrections
agency for the purposes of protective care as that term is used in the juvenile court rules deleted text beginor
into the home of a noncustodial parent and order the noncustodial parent to comply with
any conditions the court determines to be appropriate to the safety and care of the child,
including cooperating with paternity establishment proceedings in the case of a man who
has not been adjudicated the child's fatherdeleted text end. The court shall not give the responsible social
services legal custody and order a trial home visit at any time prior to adjudication and
disposition under section 260C.201, subdivision 1, paragraph (a), clause (3), but may order
the child returned to the care of the parent or guardian who has custody and from whom the
child was removed and order the parent or guardian to comply with any conditions the court
determines to be appropriate to meet the safety, health, and welfare of the child.

(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator of
domestic child abuse.

(e) The court, before determining whether a child should be placed in or continue in
foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1912(d), were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent placement when
the agency establishes either:

(1) that deleted text beginitdeleted text end new text beginthe agency new text endhas actually provided services or made efforts in an attempt to
prevent the child's removal but that such services or efforts have not proven sufficient to
permit the child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the hearing
that could safely permit the child to remain home or to return home. new text beginThe court shall not
make a reasonable efforts determination under this clause unless the court is satisfied that
the agency has sufficiently demonstrated to the court that there were no services or other
efforts that the agency was able to provide at the time of the hearing enabling the child to
safely remain home or to safely return home. new text endWhen reasonable efforts to prevent placement
are required and there are services or other efforts that could be ordered deleted text beginwhichdeleted text endnew text begin thatnew text end would
permit the child to safely return home, the court shall order the child returned to the care of
the parent or guardian and the services or efforts put in place to ensure the child's safety.
When the court makes a prima facie determination that one of the circumstances under
paragraph (g) exists, the court shall determine that reasonable efforts to prevent placement
and to return the child to the care of the parent or guardian are not required.

new text begin (f) new text endIf the court finds the social services agency's preventive or reunification efforts have
not been reasonable but further preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize or continue the removal of
the child.

deleted text begin (f)deleted text endnew text begin (g)new text end The court may not order or continue the foster care placement of the child unless
the court makes explicit, individualized findings that continued custody of the child by the
parent or guardian would be contrary to the welfare of the child and that placement is in the
best interest of the child.

deleted text begin (g)deleted text endnew text begin (h)new text end At the emergency removal hearing, or at any time during the course of the
proceeding, and upon notice and request of the county attorney, the court shall determine
whether a petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;

(2) the parental rights of the parent to another child have been involuntarily terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e),
clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 260E.03, against the
child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable.

deleted text begin (h)deleted text endnew text begin (i)new text end When a petition to terminate parental rights is required under section 260C.301,
subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
proceed with a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section 260C.507, the
court shall schedule a permanency hearing within 30 days of the filing of the petition.

deleted text begin (i)deleted text endnew text begin (j)new text end If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section 260C.503, subdivision 2, paragraph (c).

deleted text begin (j)deleted text endnew text begin (k)new text end If the court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency regarding the
child's father or relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the responsible social
services agency for the purpose of complying with sectionsnew text begin 260C.150,new text end 260C.151, 260C.212,
260C.215, new text begin260C.219, new text endand 260C.221.

deleted text begin (k)deleted text endnew text begin (l)new text end If a child ordered into foster care has siblings, whether full, half, or step, who are
also ordered into foster care, the court shall inquire of the responsible social services agency
of the efforts to place the children together as required by section 260C.212, subdivision 2,
paragraph (d), if placement together is in each child's best interests, unless a child is in
placement for treatment or a child is placed with a previously noncustodial parent who is
not a parent to all siblings. If the children are not placed together at the time of the hearing,
the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place
the siblings together, as required under section 260.012. If any sibling is not placed with
another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing
contact among the siblings as required under section 260C.212, subdivision 1, unless it is
contrary to the safety or well-being of any of the siblings to do so.

deleted text begin (l)deleted text endnew text begin (m)new text end When the court has ordered the child into new text beginthe care of a noncustodial parent or in
new text end foster care deleted text beginor into the home of a noncustodial parentdeleted text end, the court may order a chemical
dependency evaluation, mental health evaluation, medical examination, and parenting
assessment for the parent as necessary to support the development of a plan for reunification
required under subdivision 7 and section 260C.212, subdivision 1, or the child protective
services plan under section 260E.26, and Minnesota Rules, part 9560.0228.

Sec. 23.

Minnesota Statutes 2020, section 260C.181, subdivision 2, is amended to read:

Subd. 2.

Least restrictive setting.

Notwithstanding the provisions of subdivision 1, if
the child had been taken into custody pursuant to section 260C.175, subdivision 1, clause
(1) or (2), item (ii), and is not alleged to be delinquent, the child shall be detained in the
least restrictive setting consistent with the child's health and welfare and in closest proximity
to the child's family as possible. Placement may be with a child's relativedeleted text begin, a designated
caregiver under chapter 257A,deleted text end ornew text begin, if no placement is available with a relative,new text end in a shelter
care facility. The placing officer shall comply with this section and shall document why a
less restrictive setting will or will not be in the best interests of the child for placement
purposes.

Sec. 24.

Minnesota Statutes 2020, section 260C.193, subdivision 3, is amended to read:

Subd. 3.

Best interests of the child.

(a) The policy of the state is to ensure that the best
interests of children in foster care, who experience new text begina new text endtransfer of permanent legal and physical
custody to a relative under section 260C.515, subdivision 4, or adoption under this chapter,
are met bynew text begin:
new text end

new text begin (1) considering placement of a child with relatives in the order specified in section
260C.212, subdivision 2, paragraph (a); and
new text end

new text begin (2)new text end requiring individualized determinations under section 260C.212, subdivision 2,
paragraph (b), of the needs of the child and of how the selected home will serve the needs
of the child.

(b) No later than three months after a child is ordered new text beginto be new text endremoved from the care of a
parent in the hearing required under section 260C.202, the court shall review and enter
findings regarding whether the responsible social services agency deleted text beginmadedeleted text end:

(1) deleted text begindiligent effortsdeleted text end new text beginexercised due diligencenew text end to identify deleted text beginanddeleted text endnew text begin,new text end search fornew text begin, notify, and engagenew text end
relatives as required under section 260C.221; and

(2) new text beginmade a placement consistent with section 260C.212, subdivision 2, that is based on
new text end an individualized determination deleted text beginas required under section 260C.212, subdivision 2,deleted text end new text beginof the
child's needs new text endto select a home that meets the needs of the child.

(c) If the court finds new text beginthat new text endthe agency has not deleted text beginmade effortsdeleted text end new text beginexercised due diligencenew text end as
required under section 260C.221, deleted text beginanddeleted text end new text beginthe court shall order the agency to make reasonable
efforts. If new text endthere is a relative who qualifies to be licensed to provide family foster care under
chapter 245A, the court may order the child new text beginto be new text endplaced with the relative consistent with
the child's best interests.

(d) If the agency's efforts under section 260C.221 are found new text beginby the court new text endto be sufficient,
the court shall order the agency to continue to appropriately engage relatives who responded
to the notice under section 260C.221 in placement and case planning decisions and to
appropriately engage relatives who subsequently come to the agency's attention.new text begin A court's
finding that the agency has made reasonable efforts under this paragraph does not relieve
the agency of the duty to continue notifying relatives who come to the agency's attention
and engaging and considering relatives who respond to the notice under section 260C.221
in child placement and case planning decisions.
new text end

(e) If the child's birth parent deleted text beginor parentsdeleted text end explicitly deleted text beginrequestdeleted text endnew text begin requestsnew text end that a new text beginspecific new text endrelative
deleted text begin or important frienddeleted text end not be considerednew text begin for placement of the childnew text end, the court shall honor that
request if it is consistent with the best interests of the child and consistent with the
requirements of section 260C.221.new text begin The court shall not waive relative search, notice, and
consideration requirements, unless section 260C.139 applies.new text end If the child's birth parent deleted text beginor
parents expressdeleted text endnew text begin expressesnew text end a preference for placing the child in a foster or adoptive home of
the same or a similar religious background deleted text begintodeleted text endnew text begin asnew text end that of the birth parent or parents, the court
shall order placement of the child with an individual who meets the birth parent's religious
preference.

(f) Placement of a child deleted text begincannotdeleted text endnew text begin must notnew text end be delayed or denied based on race, color, or
national origin of the foster parent or the child.

(g) Whenever possible, siblings requiring foster care placement deleted text beginshoulddeleted text endnew text begin shallnew text end be placed
together unless it is determined not to be in the best interests ofnew text begin one or more of thenew text end siblings
after weighing the benefits of separate placement against the benefits of sibling connections
for each sibling. new text beginThe agency shall consider section 260C.008 when making this determination.
new text end If siblings were not placed together according to section 260C.212, subdivision 2, paragraph
(d), the responsible social services agency shall report to the court the efforts made to place
the siblings together and why the efforts were not successful. If the court is not satisfied
that the agency has made reasonable efforts to place siblings together, the court must order
the agency to make further reasonable efforts. If siblings are not placed together, the court
shall order the responsible social services agency to implement the plan for visitation among
siblings required as part of the out-of-home placement plan under section 260C.212.

(h) This subdivision does not affect the Indian Child Welfare Act, United States Code,
title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections
260.751 to 260.835.

Sec. 25.

Minnesota Statutes 2020, section 260C.201, subdivision 1, is amended to read:

Subdivision 1.

Dispositions.

(a) If the court finds that the child is in need of protection
or services or neglected and in foster care, deleted text beginitdeleted text endnew text begin the courtnew text end shall enter an order making any of
the following dispositions of the case:

(1) place the child under the protective supervision of the responsible social services
agency or child-placing agency in the home of a parent of the child under conditions
prescribed by the court directed to the correction of the child's need for protection or services:

(i) the court may order the child into the home of a parent who does not otherwise have
legal custody of the child, however, an order under this section does not confer legal custody
on that parent;

(ii) if the court orders the child into the home of a father who is not adjudicated, the
father must cooperate with paternity establishment proceedings regarding the child in the
appropriate jurisdiction as one of the conditions prescribed by the court for the child to
continue in the father's home; and

(iii) the court may order the child into the home of a noncustodial parent with conditions
and may also order both the noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or

(2) transfer legal custody to one of the following:

(i) a child-placing agency; or

(ii) the responsible social services agency. In making a foster care placement deleted text beginfordeleted text endnew text begin ofnew text end a
child whose custody has been transferred under this subdivision, the agency shall make an
individualized determination of how the placement is in the child's best interests using thenew text begin
placementnew text end considerationnew text begin ordernew text end for relativesdeleted text begin,deleted text endnew text begin andnew text end the best interest factors in section 260C.212,
subdivision 2deleted text begin, paragraph (b)deleted text end, and may include a child colocated with a parent in a licensed
residential family-based substance use disorder treatment program under section 260C.190;
or

(3) order a trial home visit without modifying the transfer of legal custody to the
responsible social services agency under clause (2). Trial home visit means the child is
returned to the care of the parent or guardian from whom the child was removed for a period
not to exceed six months. During the period of the trial home visit, the responsible social
services agency:

(i) shall continue to have legal custody of the child, which means new text beginthat new text endthe agency may
see the child in the parent's home, at school, in a child care facility, or other setting as the
agency deems necessary and appropriate;

(ii) shall continue to have the ability to access information under section 260C.208;

(iii) shall continue to provide appropriate services to both the parent and the child during
the period of the trial home visit;

(iv) without previous court order or authorization, may terminate the trial home visit in
order to protect the child's health, safety, or welfare and may remove the child to foster care;

(v) shall advise the court and parties within three days of the termination of the trial
home visit when a visit is terminated by the responsible social services agency without a
court order; and

(vi) shall prepare a report for the court when the trial home visit is terminated whether
by the agency or court order deleted text beginwhichdeleted text endnew text begin thatnew text end describes the child's circumstances during the trial
home visit and recommends appropriate orders, if any, for the court to enter to provide for
the child's safety and stability. In the event a trial home visit is terminated by the agency
by removing the child to foster care without prior court order or authorization, the court
shall conduct a hearing within ten days of receiving notice of the termination of the trial
home visit by the agency and shall order disposition under this subdivision or commence
permanency proceedings under sections 260C.503 to 260C.515. The time period for the
hearing may be extended by the court for good cause shown and if it is in the best interests
of the child as long as the total time the child spends in foster care without a permanency
hearing does not exceed 12 months;

(4) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a physical or mental
disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court
may order the child's parent, guardian, or custodian to provide it. The court may order the
child's health plan company to provide mental health services to the child. Section 62Q.535
applies to an order for mental health services directed to the child's health plan company.
If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment
or care, the court may order it provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the child's parent or guardian, the
court shall not transfer legal custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide the treatment or care. If the
court's order for mental health treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing professional not provide the treatment
to the child if it finds that such an order is in the child's best interests; or

(5) if the court believes that the child has sufficient maturity and judgment and that it is
in the best interests of the child, the court may order a child 16 years old or older to be
allowed to live independently, either alone or with others as approved by the court under
supervision the court considers appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional alternative for a child.

(b) If the child was adjudicated in need of protection or services because the child is a
runaway or habitual truant, the court may order any of the following dispositions in addition
to or as alternatives to the dispositions authorized under paragraph (a):

(1) counsel the child or the child's parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
the physical, mental, and moral well-being and behavior of the child;

(3) subject to the court's supervision, transfer legal custody of the child to one of the
following:

(i) a reputable person of good moral character. No person may receive custody of two
or more unrelated children unless licensed to operate a residential program under sections
245A.01 to 245A.16; or

(ii) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;

(4) require the child to pay a fine of up to $100. The court shall order payment of the
fine in a manner that will not impose undue financial hardship upon the child;

(5) require the child to participate in a community service project;

(6) order the child to undergo a chemical dependency evaluation and, if warranted by
the evaluation, order participation by the child in a drug awareness program or an inpatient
or outpatient chemical dependency treatment program;

(7) if the court believes that it is in the best interests of the child or of public safety that
the child's driver's license or instruction permit be canceled, the court may order the
commissioner of public safety to cancel the child's license or permit for any period up to
the child's 18th birthday. If the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to the child's 18th birthday. The
court shall forward an order issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a hearing for the period specified
by the court. At any time before the expiration of the period of cancellation or denial, the
court may, for good cause, order the commissioner of public safety to allow the child to
apply for a license or permit, and the commissioner shall so authorize;

(8) order that the child's parent or legal guardian deliver the child to school at the
beginning of each school day for a period of time specified by the court; or

(9) require the child to perform any other activities or participate in any other treatment
programs deemed appropriate by the court.

To the extent practicable, the court shall enter a disposition order the same day it makes
a finding that a child is in need of protection or services or neglected and in foster care, but
in no event more than 15 days after the finding unless the court finds that the best interests
of the child will be served by granting a delay. If the child was under eight years of age at
the time the petition was filed, the disposition order must be entered within ten days of the
finding and the court may not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.

(c) If a child who is 14 years of age or older is adjudicated in need of protection or
services because the child is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board or county attorney mediation
program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
birthday.

(d) In the case of a child adjudicated in need of protection or services because the child
has committed domestic abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
to provide an alternative safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.

(e) When a parent has complied with a case plan ordered under subdivision 6 and the
child is in the care of the parent, the court may order the responsible social services agency
to monitor the parent's continued ability to maintain the child safely in the home under such
terms and conditions as the court determines appropriate under the circumstances.

Sec. 26.

Minnesota Statutes 2020, section 260C.201, subdivision 2, is amended to read:

Subd. 2.

Written findings.

(a) Any order for a disposition authorized under this section
shall contain written findings of fact to support the disposition and case plan ordered and
shall also set forth in writing the following information:

(1) why the best interests and safety of the child are served by the disposition and case
plan ordered;

(2) what alternative dispositions or services under the case plan were considered by the
court and why such dispositions or services were not appropriate in the instant case;

(3) when legal custody of the child is transferred, the appropriateness of the particular
placement made or to be made by the placing agency using thenew text begin relative and sibling placement
considerations and best interestnew text end factors in section 260C.212, subdivision 2deleted text begin, paragraph (b)deleted text end,
or the appropriateness of a child colocated with a parent in a licensed residential family-based
substance use disorder treatment program under section 260C.190;

(4) whether reasonable efforts to finalize the permanent plan for the child consistent
with section 260.012 were made including reasonable efforts:

(i) to prevent the child's placement and to reunify the child with the parent or guardian
from whom the child was removed at the earliest time consistent with the child's safety.
The court's findings must include a brief description of what preventive and reunification
efforts were made and why further efforts could not have prevented or eliminated the
necessity of removal or that reasonable efforts were not required under section 260.012 or
260C.178, subdivision 1;

(ii) to identify and locate any noncustodial or nonresident parent of the child and to
assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to safely provide
day-to-day care of the child as required under section 260C.219, unless such services are
not required under section 260.012 or 260C.178, subdivision 1deleted text begin;deleted text endnew text begin. The court's findings must
include a description of the agency's efforts to:
new text end

new text begin (A) identify and locate the child's noncustodial or nonresident parent;
new text end

new text begin (B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of
the child; and
new text end

new text begin (C) if appropriate, provide services necessary to enable the noncustodial or nonresident
parent to safely provide the child's day-to-day care, including efforts to engage the
noncustodial or nonresident parent in assuming care and responsibility of the child;
new text end

(iii) to make the diligent search for relatives and provide the notices required under
section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the
agency has made diligent efforts to conduct a relative search and has appropriately engaged
relatives who responded to the notice under section 260C.221 and other relatives, who came
to the attention of the agency after notice under section 260C.221 was sent, in placement
and case planning decisions fulfills the requirement of this item;

(iv) to identify and make a foster care placement new text beginof the child, considering the order in
section 260C.212, subdivision 2, paragraph (a), new text endin the home of an unlicensed relative,
according to the requirements of section 245A.035, a licensed relative, or other licensed
foster care providernew text begin,new text end who will commit to being the permanent legal parent or custodian for
the child in the event reunification cannot occur, but who will actively support the
reunification plan for the childnew text begin. If the court finds that the agency has not appropriately
considered relatives for placement of the child, the court shall order the agency to comply
with section 260C.212, subdivision 2, paragraph (a). The court may order the agency to
continue considering relatives for placement of the child regardless of the child's current
placement settingnew text end; and

(v) to place siblings together in the same home or to ensure visitation is occurring when
siblings are separated in foster care placement and visitation is in the siblings' best interests
under section 260C.212, subdivision 2, paragraph (d); and

(5) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a mental disability or
emotional disturbance as defined in section 245.4871, subdivision 15, the written findings
shall also set forth:

(i) whether the child has mental health needs that must be addressed by the case plan;

(ii) what consideration was given to the diagnostic and functional assessments performed
by the child's mental health professional and to health and mental health care professionals'
treatment recommendations;

(iii) what consideration was given to the requests or preferences of the child's parent or
guardian with regard to the child's interventions, services, or treatment; and

(iv) what consideration was given to the cultural appropriateness of the child's treatment
or services.

(b) If the court finds that the social services agency's preventive or reunification efforts
have not been reasonable but that further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue the
removal of the child.

(c) If the child has been identified by the responsible social services agency as the subject
of concurrent permanency planning, the court shall review the reasonable efforts of the
agency to develop a permanency plan for the child that includes a primary plan deleted text beginwhichdeleted text endnew text begin thatnew text end
is for reunification with the child's parent or guardian and a secondary plan deleted text beginwhichdeleted text endnew text begin thatnew text end is
for an alternative, legally permanent home for the child in the event reunification cannot
be achieved in a timely manner.

Sec. 27.

Minnesota Statutes 2020, section 260C.202, is amended to read:

260C.202 COURT REVIEW OF FOSTER CARE.

(a) If the court orders a child placed in foster care, the court shall review the out-of-home
placement plan and the child's placement at least every 90 days as required in juvenile court
rules to determine whether continued out-of-home placement is necessary and appropriate
or whether the child should be returned home. This review is not required if the court has
returned the child home, ordered the child permanently placed away from the parent under
sections 260C.503 to 260C.521, or terminated rights under section 260C.301. Court review
for a child permanently placed away from a parent, including where the child is under
guardianship of the commissioner, shall be governed by section 260C.607. When a child
is placed in a qualified residential treatment program setting as defined in section 260C.007,
subdivision 26d, the responsible social services agency must submit evidence to the court
as specified in section 260C.712.

(b) No later than three months after the child's placement in foster care, the court shall
review agency efforts new text beginto search for and notify relatives new text endpursuant to section 260C.221, and
order that the new text beginagency's new text endefforts new text beginbegin immediately, or new text endcontinuenew text begin,new text end if the agency has failed to
performnew text begin, or has not adequately performed,new text end the duties under that section. The court must
order the agency to continue to appropriately engage relatives who responded to the notice
under section 260C.221 in placement and case planning decisions and to new text beginconsider relatives
for foster care placement consistent with section 260C.221. Notwithstanding a court's finding
that the agency has made reasonable efforts to search for and notify relatives under section
260C.221, the court may order the agency to continue making reasonable efforts to search
for, notify, new text endengage deleted text beginotherdeleted text endnew text begin, and considernew text end relatives who came to the agency's attention after
new text begin sending the initial new text endnotice under section 260C.221 deleted text beginwas sentdeleted text end.

(c) The court shall review the out-of-home placement plan and may modify the plan as
provided under section 260C.201, subdivisions 6 and 7.

(d) When the court deleted text beginorders transfer ofdeleted text endnew text begin transfers thenew text end custodynew text begin of a childnew text end to a responsible
social services agency resulting in foster care or protective supervision with a noncustodial
parent under subdivision 1, the court shall notify the parents of the provisions of sections
260C.204 and 260C.503 to 260C.521, as required under juvenile court rules.

(e) When a child remains in or returns to foster care pursuant to section 260C.451 and
the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
court shall at least annually conduct the review required under section 260C.203.

Sec. 28.

Minnesota Statutes 2020, 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
new text begin by the responsible social services agency new text endat 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 placementnew text begin, including whether
the placement is consistent with the child's best interests and other placement considerations,
including relative and sibling placement considerations under section 260C.212, subdivision
2new text end;

(3) the extent of compliance with the out-of-home placement plannew text begin required under section
260C.212, subdivisions 1 and 1a, including services and resources that the agency has
provided to the child and child's parents, services and resources that other agencies and
individuals have provided to the child and child's parents, and whether the out-of-home
placement plan is individualized to the needs of the child and child's parentsnew text end;

(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 older:

(1) in addition to any administrative review conducted by the responsible social services
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 care; and

(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 adult.

Sec. 29.

Minnesota Statutes 2020, section 260C.204, is amended to read:

260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
CARE FOR SIX MONTHS.

(a) When a child continues in placement out of the home of the parent or guardian from
whom the child was removed, no later than six months after the child's placement the court
shall conduct a permanency progress hearing to review:

(1) the progress of the case, the parent's progress on the case plan or out-of-home
placement plan, whichever is applicable;

(2) the agency's reasonable, or in the case of an Indian child, active efforts for
reunification and its provision of services;

(3) the agency's reasonable efforts to finalize the permanent plan for the child under
section 260.012, paragraph (e), and to make a placement as required under section 260C.212,
subdivision 2, in a home that will commit to being the legally permanent family for the
child in the event the child cannot return home according to the timelines in this section;
and

(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
family and to make a placement according to the placement preferences under United States
Code, title 25, chapter 21, section 1915.

(b) When a child is placed in a qualified residential treatment program setting as defined
in section 260C.007, subdivision 26d, the responsible social services agency must submit
evidence to the court as specified in section 260C.712.

(1) responded to the agency's notice provided under section 260C.221, indicating an
interest in participating in planning for the child or being a permanency resource for the
child and who has kept the court apprised of the relative's address; or

(2) asked to be notified of court proceedings regarding the child as is permitted in section
260C.152, subdivision 5.

(d)(1) If the parent or guardian has maintained contact with the child and is complying
with the court-ordered out-of-home placement plan, and if the child would benefit from
reunification with the parent, the court may either:

(i) return the child home, if the conditions deleted text beginwhichdeleted text endnew text begin thatnew text end led to the out-of-home placement
have been sufficiently mitigated that it is safe and in the child's best interests to return home;
or

(ii) continue the matter up to a total of six additional months. If the child has not returned
home by the end of the additional six months, the court must conduct a hearing according
to sections 260C.503 to 260C.521.

(2) If the court determines that the parent or guardian is not complyingnew text begin, is not making
progress with or engagingnew text end with new text beginservices in new text endthe out-of-home placement plannew text begin,new text end or is not
maintaining regular contact with the child as outlined in the visitation plan required as part
of the out-of-home placement plan under section 260C.212, the court may order the
responsible social services agency:

(i) to develop a plan for legally permanent placement of the child away from the parent;

(ii) to consider, identify, recruit, and support one or more permanency resources from
the child's relatives and foster parentnew text begin, consistent with section 260C.212, subdivision 2,
paragraph (a),new text end to be the legally permanent home in the event the child cannot be returned
to the parent. Any relative or the child's foster parent may ask the court to order the agency
to consider them for permanent placement of the child in the event the child cannot be
returned to the parent. A relative or foster parent who wants to be considered under this
item shall cooperate with the background study required under section 245C.08, if the
individual has not already done so, and with the home study process required under chapter
245A for providing child foster care and for adoption under section 259.41. The home study
referred to in this item shall be a single-home study in the form required by the commissioner
of human services or similar study required by the individual's state of residence when the
subject of the study is not a resident of Minnesota. The court may order the responsible
social services agency to make a referral under the Interstate Compact on the Placement of
Children when necessary to obtain a home study for an individual who wants to be considered
for transfer of permanent legal and physical custody or adoption of the child; and

(iii) to file a petition to support an order for the legally permanent placement plan.

(e) Following the review under this section:

(1) if the court has either returned the child home or continued the matter up to a total
of six additional months, the agency shall continue to provide services to support the child's
return home or to make reasonable efforts to achieve reunification of the child and the parent
as ordered by the court under an approved case plan;

(2) if the court orders the agency to develop a plan for the transfer of permanent legal
and physical custody of the child to a relative, a petition supporting the plan shall be filed
in juvenile court within 30 days of the hearing required under this section and a trial on the
petition held within 60 days of the filing of the pleadings; or

(3) if the court orders the agency to file a termination of parental rights, unless the county
attorney can show cause why a termination of parental rights petition should not be filed,
a petition for termination of parental rights shall be filed in juvenile court within 30 days
of the hearing required under this section and a trial on the petition held within 60 days of
the filing of the petition.

Sec. 30.

Minnesota Statutes 2021 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 deleted text beginwhichdeleted text endnew text begin individualized to
the needs of the child and the child's parents or guardians thatnew text end is prepared by the responsible
social services agency jointly with deleted text beginthe parent or parents or guardian of the childdeleted text endnew text begin the child's
parents or guardiansnew text end and in consultation with the child's guardian ad litemdeleted text begin,deleted text endnew text begin;new text end the child's tribe,
if the child is an Indian childdeleted text begin,deleted text endnew text begin;new text end the child's foster parent or representative of the foster care
facilitydeleted text begin,deleted text endnew text begin;new text end and, deleted text beginwheredeleted text endnew text begin whennew text end 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. The child may select one member of the case planning team to be designated as the
child's advisor 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. 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. 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. 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 new text beginby the responsible social services
agency new text endto all persons involved in deleted text beginitsdeleted text endnew text begin the plan'snew text end 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-likedeleted text begin,deleted text end setting available deleted text beginwhichdeleted text endnew text begin thatnew text end is in close proximity to the
home of the deleted text beginparent ordeleted text endnew text begin child'snew text end parents or deleted text beginguardian of the childdeleted text endnew text begin guardiansnew text end when the case plan
goal is reunificationdeleted text begin,deleted text endnew text begin;new text end 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 deleted text beginwhichdeleted text endnew text begin thatnew text end necessitated removal of the child from home and the changes
the parent or parents must make 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 adoptionnew text begin pursuant to section 260C.605new text end. At a minimum, the
documentation must include consideration of whether adoption is in the best interests of
the childdeleted text begin,deleted text endnew text begin andnew text end child-specific recruitment efforts such as new text begina new text endrelative searchnew text begin, consideration of
relatives for adoptive placement,new text end 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 care 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:

(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 stability
and attendance; 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 responsible social services 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, shall be monitored and treated while the child is in foster care;

(iii) how the child's medical information shall 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 shall 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 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's advisor and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14. 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 responsible social services
agency to ensure that the child annually receives, at no cost to the child, 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;

(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 outcomes;

(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.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child; and

(15) for a child placed in a qualified residential treatment program, the plan must include
the requirements in section 260C.708.

(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.

new text begin (e) new text endAfter 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.

new text begin (f) new text endUpon the child's discharge from foster care, the responsible social services agency
must provide the child's parent, adoptive parent, or permanent legal and physical custodian,
and the child, if the child is 14 years of age or older, with a current copy of the child's health
and education record. If a child meets the conditions in subdivision 15, paragraph (b), the
agency must also provide the child with the child's social and medical history. The responsible
social services agency may give a copy of the child's health and education record and social
and medical history to a child who is younger than 14 years of age, if it is appropriate and
if subdivision 15, paragraph (b), applies.

Sec. 31.

Minnesota Statutes 2021 Supplement, section 260C.212, subdivision 2, is amended
to read:

Subd. 2.

Placement decisions based on best interests of the child.

(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child new text beginin consideration of paragraphs (a) to
(f), new text endand of how the selected placement will serve the new text begincurrent and future new text endneeds of the child
being placed. The authorized child-placing agency shall place a child, released by court
order or by voluntary release by the parent or parents, in a family foster home selected by
considering placement with relatives deleted text beginand important friendsdeleted text end in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption,
including the legal parent, guardian, or custodian of the child's deleted text beginsiblingsdeleted text endnew text begin siblingnew text end; or

(2) with an individual who is an important friend deleted text beginwith whom the child has resided or
had significant contactdeleted text endnew text begin of the child or the child's parent or custodian, including an individual
with whom the child has resided or had significant contact or who has a significant
relationship to the child or the child's parent or custodiannew text end.

For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.

(b) Among the factors the agency shall consider in determining the new text begincurrent and future
new text end needs of the child are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's deleted text beginrelationship to current caretakers,deleted text endnew text begin current and long-term needs regarding
relationships withnew text end parents, siblings, deleted text beginanddeleted text end relativesnew text begin, and other caretakersnew text end;

(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and

(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a.

new text begin When placing a child in foster care or in a permanent placement based on an individualized
determination of the child's needs, the agency must not use one factor in this paragraph to
the exclusion of all others, and the agency shall consider that the factors in paragraph (b)
may be interrelated.
new text end

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is documented that a joint placement would be contrary to the safety or
well-being of any of the siblings or unless it is not possible after reasonable efforts by the
responsible social services agency. In cases where siblings cannot be placed together, the
agency is required to provide frequent visitation or other ongoing interaction between
siblings unless the agency documents that the interaction would be contrary to the safety
or well-being of any of the siblings.

(e) Except for emergency placement as provided for in section 245A.035, the following
requirements must be satisfied before the approval of a foster or adoptive placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child.

(f) The agency must determine whether colocation with a parent who is receiving services
in a licensed residential family-based substance use disorder treatment program is in the
child's best interests according to paragraph (b) and include that determination in the child's
case plan under subdivision 1. The agency may consider additional factors not identified
in paragraph (b). The agency's determination must be documented in the child's case plan
before the child is colocated with a parent.

(g) The agency must establish a juvenile treatment screening team under section 260C.157
to determine whether it is necessary and appropriate to recommend placing a child in a
qualified residential treatment program, as defined in section 260C.007, subdivision 26d.

Sec. 32.

Minnesota Statutes 2020, section 260C.221, is amended to read:

260C.221 RELATIVE SEARCHnew text begin AND ENGAGEMENT; PLACEMENT
CONSIDERATIONnew text end.

new text begin Subdivision 1. new text end

new text begin Relative search requirements. new text end

(a) The responsible social services agency
shall exercise due diligence to identify and notify adult relatives new text beginof a child as well as current
caregivers of the child's sibling, new text endprior to placement or within 30 days after the child's removal
from the parentnew text begin, regardless of whether a child is placed in a relative's home, as required
under subdivision 2new text end. deleted text beginThe county agency shall consider placement with a relative under this
section without delay and whenever the child must move from or be returned to foster care.deleted text end
The relative search required by this section shall be comprehensive in scope. deleted text beginAfter a finding
that the agency has made reasonable efforts to conduct the relative search under this
paragraph, the agency has the continuing responsibility to appropriately involve relatives,
who have responded to the notice required under this paragraph, in planning for the child
and to continue to consider relatives according to the requirements of section 260C.212,
subdivision 2. At any time during the course of juvenile protection proceedings, the court
may order the agency to reopen its search for relatives when it is in the child's best interest
to do so.
deleted text end

(b) The relative search required by this section shall include both maternal and paternal
adult relatives of the child; all adult grandparents; all legal parents, guardians, or custodians
of the child's siblings; and any other adult relatives suggested by the child's parents, subject
to the exceptions due to family violence in new text beginsubdivision 5, new text endparagraph deleted text begin(c)deleted text endnew text begin (b)new text end. The search shall
also include getting information from the child in an age-appropriate manner about who the
child considers to be family members and important friends with whom the child has resided
or had significant contact. The relative search required under this section must fulfill the
agency's duties under the Indian Child Welfare Act regarding active efforts to prevent the
breakup of the Indian family under United States Code, title 25, section 1912(d), and to
meet placement preferences under United States Code, title 25, section 1915.

new text begin (c) The responsible social services agency has a continuing responsibility to search for
and identify relatives of a child and send the notice to relatives that is required under
subdivision 2, unless the court has relieved the agency of this duty under subdivision 5,
paragraph (e).
new text end

new text begin Subd. 2. new text end

new text begin Relative notice requirements. new text end

new text begin(a) The agency may provide oral or written
notice to a child's relatives. In the child's case record, the agency must document providing
the required notice to each of the child's relatives. new text endThenew text begin responsible social services agency
must notifynew text end relatives deleted text beginmust be notifieddeleted text end:

(1) of the need for a foster home for the child, the option to become a placement resource
for the child, new text beginthe order of placement that the agency will consider under section 260C.212,
subdivision 2, paragraph (a), new text endand the possibility of the need for a permanent placement for
the child;

(2) of their responsibility to keep the responsible social services agency and the court
informed of their current address in order to receive notice in the event that a permanent
placement is sought for the child and to receive notice of the permanency progress review
hearing under section 260C.204. A relative who fails to provide a current address to the
responsible social services agency and the court forfeits the right to receive notice of the
possibility of permanent placement and of the permanency progress review hearing under
section 260C.204new text begin, until the relative provides a current address to the responsible social
services agency and the courtnew text end. A decision by a relative not to be identified as a potential
permanent placement resource or participate in planning for the child deleted text beginat the beginning of
the casedeleted text end shall not affect whether the relative is considered for placement ofnew text begin, or as a
permanency resource for,new text end the child with that relative deleted text beginlaterdeleted text endnew text begin at any time in the case, and shall
not be the sole basis for the court to rule out the relative as the child's placement or
permanency resourcenew text end;

(3) that the relative may participate in the care and planning for the child, new text beginas specified
in subdivision 3, new text endincluding that the opportunity for such participation may be lost by failing
to respond to the notice sent under this subdivisiondeleted text begin. "Participate in the care and planning"
includes, but is not limited to, participation in case planning for the parent and child,
identifying the strengths and needs of the parent and child, supervising visits, providing
respite and vacation visits for the child, providing transportation to appointments, suggesting
other relatives who might be able to help support the case plan, and to the extent possible,
helping to maintain the child's familiar and regular activities and contact with friends and
relativesdeleted text end;

(4) of the family foster care licensing new text beginand adoption home study new text endrequirements, including
how to complete an application and how to request a variance from licensing standards that
do not present a safety or health risk to the child in the home under section 245A.04 and
supports that are available for relatives and children who reside in a family foster home;
deleted text begin and
deleted text end

(5) of the relatives' right to ask to be notified of any court proceedings regarding the
child, to attend the hearings, and of a relative's right deleted text beginor opportunitydeleted text end to be heard by the court
as required under section 260C.152, subdivision 5deleted text begin.deleted text endnew text begin;
new text end

new text begin (6) that regardless of the relative's response to the notice sent under this subdivision, the
agency is required to establish permanency for a child, including planning for alternative
permanency options if the agency's reunification efforts fail or are not required; and
new text end

new text begin (7) that by responding to the notice, a relative may receive information about participating
in a child's family and permanency team if the child is placed in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d.
new text end

new text begin (b) The responsible social services agency shall send the notice required under paragraph
(a) to relatives who become known to the responsible social services agency, except for
relatives that the agency does not contact due to safety reasons under subdivision 5, paragraph
(b). The responsible social services agency shall continue to send notice to relatives
notwithstanding a court's finding that the agency has made reasonable efforts to conduct a
relative search.
new text end

new text begin (c) The responsible social services agency is not required to send the notice under
paragraph (a) to relatives who become known to the agency after an adoption placement
agreement has been fully executed under section 260C.613, subdivision 1. If such a relative
wishes to be considered for adoptive placement of the child, the agency shall inform the
relative of the relative's ability to file a motion for an order for adoptive placement under
section 260C.607, subdivision 6.
new text end

new text begin Subd. 3. new text end

new text begin Relative engagement requirements. new text end

new text begin (a) A relative who responds to the notice
under subdivision 2 has the opportunity to participate in care and planning for a child, which
must not be limited based solely on the relative's prior inconsistent participation or
nonparticipation in care and planning for the child. Care and planning for a child may include
but is not limited to:
new text end

new text begin (1) participating in case planning for the child and child's parent, including identifying
services and resources that meet the individualized needs of the child and child's parent. A
relative's participation in case planning may be in person, via phone call, or by electronic
means;
new text end

new text begin (2) identifying the strengths and needs of the child and child's parent;
new text end

new text begin (3) asking the responsible social services agency to consider the relative for placement
of the child according to subdivision 4;
new text end

new text begin (4) acting as a support person for the child, the child's parents, and the child's current
caregiver;
new text end

new text begin (5) supervising visits;
new text end

new text begin (6) providing respite care for the child and having vacation visits with the child;
new text end

new text begin (7) providing transportation;
new text end

new text begin (8) suggesting other relatives who may be able to participate in the case plan or that the
agency may consider for placement of the child. The agency shall send a notice to each
relative identified by other relatives according to subdivision 2, paragraph (b), unless a
relative received this notice earlier in the case;
new text end

new text begin (9) helping to maintain the child's familiar and regular activities and contact with the
child's friends and relatives, including providing supervision of the child at family gatherings
and events; and
new text end

new text begin (10) participating in the child's family and permanency team if the child is placed in a
qualified residential treatment program as defined in section 260C.007, subdivision 26d.
new text end

new text begin (b) The responsible social services agency shall make reasonable efforts to contact and
engage relatives who respond to the notice required under this section. Upon a request by
a relative or party to the proceeding, the court may conduct a review of the agency's
reasonable efforts to contact and engage relatives who respond to the notice. If the court
finds that the agency did not make reasonable efforts to contact and engage relatives who
respond to the notice, the court may order the agency to make reasonable efforts to contact
and engage relatives who respond to the notice in care and planning for the child.
new text end

new text begin Subd. 4. new text end

new text begin Placement considerations. new text end

new text begin (a) The responsible social services agency shall
consider placing a child with a relative under this section without delay and when the child:
new text end

new text begin (1) enters foster care;
new text end

new text begin (2) must be moved from the child's current foster setting;
new text end

new text begin (3) must be permanently placed away from the child's parent; or
new text end

new text begin (4) returns to foster care after permanency has been achieved for the child.
new text end

new text begin (b) The agency shall consider placing a child with relatives:
new text end

new text begin (1) in the order specified in section 260C.212, subdivision 2, paragraph (a); and
new text end

new text begin (2) based on the child's best interests using the factors in section 260C.212, subdivision
2.
new text end

new text begin (c) The agency shall document how the agency considered relatives in the child's case
record.
new text end

new text begin (d) Any relative who requests to be a placement option for a child in foster care has the
right to be considered for placement of the child according to section 260C.212, subdivision
2, paragraph (a), unless the court finds that placing the child with a specific relative would
endanger the child, sibling, parent, guardian, or any other family member under subdivision
5, paragraph (b).
new text end

new text begin (e) When adoption is the responsible social services agency's permanency goal for the
child, the agency shall consider adoptive placement of the child with a relative in the order
specified under section 260C.212, subdivision 2, paragraph (a).
new text end

new text begin Subd. 5. new text end

new text begin Data disclosure; court review. new text end

deleted text begin(c)deleted text endnew text begin (a)new text end A responsible social services agency
may disclose private data, as defined in section 13.02 and chapter 260E, to relatives of the
child for the purpose of locating and assessing a suitable placement and may use any
reasonable means of identifying and locating relatives including the Internet or other
electronic means of conducting a search. The agency shall disclose data that is necessary
to facilitate possible placement with relatives and to ensure that the relative is informed of
the needs of the child so the relative can participate in planning for the child and be supportive
of services to the child and family.

new text begin (b) new text endIf the child's parent refuses to give the responsible social services agency information
sufficient to identify the maternal and paternal relatives of the child, the agency shall ask
the juvenile court to order the parent to provide the necessary informationnew text begin and shall use
other resources to identify the child's maternal and paternal relativesnew text end. If a parent makes an
explicit request that a specific relative not be contacted or considered for placement due to
safety reasonsnew text begin,new text end including past family or domestic violence, the agency shall bring the parent's
request to the attention of the court to determine whether the parent's request is consistent
with the best interests of the child deleted text beginanddeleted text endnew text begin.new text end The agency shall not contact the specific relative
when the juvenile court finds that contacting new text beginor placing the child with new text endthe specific relative
would endanger the parent, guardian, child, sibling, or any family member. new text beginUnless section
260C.139 applies to the child's case, a court shall not waive or relieve the responsible social
services agency of reasonable efforts to:
new text end

new text begin (1) conduct a relative search;
new text end

new text begin (2) notify relatives;
new text end

new text begin (3) contact and engage relatives in case planning; and
new text end

new text begin (4) consider relatives for placement of the child.
new text end

new text begin (c) Notwithstanding chapter 13, the agency shall disclose data to the court about particular
relatives that the agency has identified, contacted, or considered for the child's placement
for the court to review the agency's due diligence.
new text end

(d) At a regularly scheduled hearing not later than three months after the child's placement
in foster care and as required in deleted text beginsectiondeleted text endnew text begin sections 260C.193 andnew text end 260C.202, the agency shall
report to the court:

(1) deleted text beginitsdeleted text endnew text begin the agency'snew text end efforts to identify maternal and paternal relatives of the child and to
engage the relatives in providing support for the child and family, and document that the
relatives have been provided the notice required under deleted text beginparagraph (a)deleted text endnew text begin subdivision 2new text end; and

(2) deleted text beginitsdeleted text endnew text begin the agency'snew text end decision regarding placing the child with a relative as required under
section 260C.212, subdivision 2deleted text begin, and to askdeleted text endnew text begin. If the responsible social services agency decides
that relative placement is not in the child's best interests at the time of the hearing, the agency
shall inform the court of the agency's decision, including:
new text end

new text begin (i) why the agency decided against relative placement of the child; and
new text end

new text begin (ii) the agency's efforts to engagenew text end relatives deleted text beginto visit or maintain contact with the child in
orderdeleted text endnew text begin as required under subdivision 3new text end to support family connections for the childdeleted text begin, when
placement with a relative is not possible or appropriatedeleted text end.

deleted text begin (e) Notwithstanding chapter deleted text end deleted text begin 13 deleted text end deleted text begin , the agency shall disclose data about particular relatives
identified, searched for, and contacted for the purposes of the court's review of the agency's
due diligence.
deleted text end

deleted text begin (f)deleted text endnew text begin (e)new text end When the court is satisfied that the agency has exercised due diligence to identify
relatives and provide the notice required in deleted text beginparagraph (a)deleted text endnew text begin subdivision 2new text end, the court may find
that new text beginthe agency made new text endreasonable efforts deleted text beginhave been madedeleted text end to conduct a relative search to
identify and provide notice to adult relatives as required under section 260.012, paragraph
(e), clause (3). new text beginA finding under this paragraph does not relieve the responsible social services
agency of the ongoing duty to contact, engage, and consider relatives under this section nor
is it a basis for the court to rule out any relative from being a foster care or permanent
placement option for the child. The agency has the continuing responsibility to:
new text end

new text begin (1) involve relatives who respond to the notice in planning for the child; and
new text end

new text begin (2) continue considering relatives for the child's placement while taking the child's short-
and long-term permanency goals into consideration, according to the requirements of section
260C.212, subdivision 2.
new text end

new text begin (f) At any time during the course of juvenile protection proceedings, the court may order
the agency to reopen the search for relatives when it is in the child's best interests.
new text end

new text begin (g) new text endIf the court is not satisfied that the agency has exercised due diligence to identify
relatives and provide the notice required in deleted text beginparagraph (a)deleted text endnew text begin subdivision 2new text end, the court may order
the agency to continue its search and notice efforts and to report back to the court.

deleted text begin (g) When the placing agency determines that permanent placement proceedings are
necessary because there is a likelihood that the child will not return to a parent's care, the
agency must send the notice provided in paragraph (h), may ask the court to modify the
duty of the agency to send the notice required in paragraph (h), or may ask the court to
completely relieve the agency of the requirements of paragraph (h). The relative notification
requirements of paragraph (h) do not apply when the child is placed with an appropriate
relative or a foster home that has committed to adopting the child or taking permanent legal
and physical custody of the child and the agency approves of that foster home for permanent
placement of the child. The actions ordered by the court under this section must be consistent
with the best interests, safety, permanency, and welfare of the child.
deleted text end

(h) deleted text beginUnless required under the Indian Child Welfare Act or relieved of this duty by the
court under paragraph (f),deleted text end When the agency determines that it is necessary to prepare for
permanent placement determination proceedings, or in anticipation of filing a termination
of parental rights petition, the agency shall send notice to deleted text beginthedeleted text end relativesnew text begin who responded to a
notice under this section sent at any time during the casenew text end, any adult with whom the child is
currently residing, any adult with whom the child has resided for one year or longer in the
past, and any adults who have maintained a relationship or exercised visitation with the
child as identified in the agency case plan. The notice must state that a permanent home is
sought for the child and that the individuals receiving the notice may indicate to the agency
their interest in providing a permanent home. The notice must state that within 30 days of
receipt of the notice an individual receiving the notice must indicate to the agency the
individual's interest in providing a permanent home for the child or that the individual may
lose the opportunity to be considered for a permanent placement.new text begin A relative's failure to
respond or timely respond to the notice is not a basis for ruling out the relative from being
a permanent placement option for the child should the relative request to be considered for
permanent placement at a later date.
new text end

Sec. 33.

Minnesota Statutes 2020, section 260C.513, is amended to read:

260C.513 PERMANENCY DISPOSITIONS WHEN CHILD CANNOT RETURN
HOME.

(a) deleted text beginTermination of parental rights and adoption, or guardianship to the commissioner of
human services through a consent to adopt, are preferred permanency options for a child
who cannot return home. If the court finds that termination of parental rights and guardianship
to the commissioner is not in the child's best interests, the court may transfer permanent
legal and physical custody of the child to a relative when that order is in the child's best
interestsdeleted text endnew text begin In determining a permanency disposition under section 260C.515 for a child who
cannot return home, the court shall give preference to a permanency disposition that will
result in the child being placed in the permanent care of a relative through a termination of
parental rights and adoption, guardianship to the commissioner of human services through
a consent to adopt, or a transfer of permanent legal and physical custody, consistent with
the best interests of the child and section 260C.212, subdivision 2, paragraph (a). If a relative
is not available to accept placement or the court finds that a permanent placement with a
relative is not in the child's best interests, the court may consider a permanency disposition
that may result in the child being permanently placed in the care of a nonrelative caregiver,
including adoptionnew text end.

(b) When the court has determined that permanent placement of the child away from
the parent is necessary, the court shall consider permanent alternative homes that are available
both inside and outside the state.

Sec. 34.

Minnesota Statutes 2021 Supplement, section 260C.605, subdivision 1, is amended
to read:

Subdivision 1.

Requirements.

(a) Reasonable efforts to finalize the adoption of a child
under the guardianship of the commissioner shall be made by the responsible social services
agency responsible for permanency planning for the child.

(b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent who
will commit to being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made concurrently
with reasonable, or if the child is an Indian child, active efforts to reunify the child with the
parent.

(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under section
260C.204.

(d) Reasonable efforts to finalize the adoption of the child include:

new text begin (1) considering the child's preference for an adoptive family;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end using age-appropriate engagement strategies to plan for adoption with the child;

deleted text begin (2)deleted text endnew text begin (3)new text end identifying an appropriate prospective adoptive parent for the child by updating
the child's identified needs using the factors in section 260C.212, subdivision 2;

deleted text begin (3)deleted text endnew text begin (4)new text end making an adoptive placement that meets the child's needs by:

(i) completing or updating the relative search required under section 260C.221 and giving
notice of the need for an adoptive home for the child to:

(A) relatives who have kept the agency or the court apprised of their whereabouts deleted text beginand
who have indicated an interest in adopting the childdeleted text end; or

(B) relatives of the child who are located in an updated search;

(ii) an updated search is required whenever:

(A) there is no identified prospective adoptive placement for the child notwithstanding
a finding by the court that the agency made diligent efforts under section 260C.221, in a
hearing required under section 260C.202;

(B) the child is removed from the home of an adopting parent; or

(C) the court determines new text beginthat new text enda relative search by the agency is in the best interests of
the child;

(iii) engaging the child's new text beginrelatives or current or former new text endfoster deleted text beginparent and the child's
relatives identified as an adoptive resource during the search conducted under section
260C.221,deleted text endnew text begin parentsnew text end to commit to being the prospective adoptive parent of the childnew text begin, and
considering the child's relatives for adoptive placement of the child in the order specified
under section 260C.212, subdivision 2, paragraph (a)new text end; or

(iv) when there is no identified prospective adoptive parent:

(A) registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;

(B) reviewing all families with approved adoption home studies associated with the
responsible social services agency;

(C) presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;

(D) using newspapers and other media to promote the particular child;

(E) using a private agency under grant contract with the commissioner to provide adoption
services for intensive child-specific recruitment efforts; and

(F) making any other efforts or using any other resources reasonably calculated to identify
a prospective adoption parent for the child;

deleted text begin (4)deleted text endnew text begin (5)new text end updating and completing the social and medical history required under sections
260C.212, subdivision 15, and 260C.609;

deleted text begin (5)deleted text endnew text begin (6)new text end making, and keeping updated, appropriate referrals required by section 260.851,
the Interstate Compact on the Placement of Children;

deleted text begin (6)deleted text endnew text begin (7)new text end giving notice regarding the responsibilities of an adoptive parent to any prospective
adoptive parent as required under section 259.35;

deleted text begin (7)deleted text endnew text begin (8)new text end offering the adopting parent the opportunity to apply for or decline adoption
assistance under chapter 256N;

deleted text begin (8)deleted text endnew text begin (9)new text end certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of payment
if the adopting parent has applied for adoption assistance;

deleted text begin (9)deleted text endnew text begin (10)new text end placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and

deleted text begin (10)deleted text endnew text begin (11)new text end working with the adopting parent to file a petition to adopt the child and with
the court administrator to obtain a timely hearing to finalize the adoption.

Sec. 35.

Minnesota Statutes 2020, section 260C.607, subdivision 2, is amended to read:

Subd. 2.

Notice.

Notice of review hearings shall be given by the court to:

(1) the responsible social services agency;

(2) the child, if the child is age ten and older;

(3) the child's guardian ad litem;

(4) counsel appointed for the child pursuant to section 260C.163, subdivision 3;

(5) relatives of the child who have kept the court informed of their whereabouts as
required in section 260C.221 and who have responded to the agency's notice under section
260C.221, deleted text beginindicating a willingness to provide an adoptive home for the childdeleted text end unless the
relative has been previously ruled out by the court as a suitable deleted text beginfoster parent ordeleted text end permanency
resource for the child;

(6) the current foster or adopting parent of the child;

(7) any foster or adopting parents of siblings of the child; and

(8) the Indian child's tribe.

Sec. 36.

Minnesota Statutes 2020, section 260C.607, subdivision 5, is amended to read:

Subd. 5.

Required placement by responsible social services agency.

(a) No petition
for adoption shall be filed for a child under the guardianship of the commissioner unless
the child sought to be adopted has been placed for adoption with the adopting parent by the
responsible social services agencynew text begin as required under section 260C.613, subdivision 1new text end. The
court may order the agency to make an adoptive placement using standards and procedures
under subdivision 6.

(b) Any relative or the child's foster parent who believes the responsible agency has not
reasonably considered the relative's or foster parent's request to be considered for adoptive
placement as required under section 260C.212, subdivision 2, and who wants to be considered
for adoptive placement of the child shall bring a request for consideration to the attention
of the court during a review required under this section. The child's guardian ad litem and
the child may also bring a request for a relative or the child's foster parent to be considered
for adoptive placement. After hearing from the agency, the court may order the agency to
take appropriate action regarding the relative's or foster parent's request for consideration
under section 260C.212, subdivision 2, paragraph (b).

Sec. 37.

Minnesota Statutes 2021 Supplement, section 260C.607, subdivision 6, is amended
to read:

Subd. 6.

Motion and hearing to order adoptive placement.

(a) At any time after the
district court orders the child under the guardianship of the commissioner of human services,
but not later than 30 days after receiving notice required under section 260C.613, subdivision
1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's
foster parent may file a motion for an order for adoptive placement of a child who is under
the guardianship of the commissioner if the relative or the child's foster parent:

(1) has an adoption home study under section 259.41 new text beginor 260C.611 new text endapproving the relative
or foster parent for adoption deleted text beginand hasdeleted text endnew text begin. If the relative or foster parent does not have an adoption
home study, an affidavit attesting to efforts to complete an adoption home study may be
filed with the motion. The affidavit must be signed by the relative or foster parent and the
responsible social services agency or licensed child-placing agency completing the adoption
home study. The relative or foster parent must also havenew text end been a resident of Minnesota for
at least six months before filing the motion; the court may waive the residency requirement
for the moving party if there is a reasonable basis to do so; or

(2) is not a resident of Minnesota, but has an approved adoption home study by an agency
licensed or approved to complete an adoption home study in the state of the individual's
residence and the study is filed with the motion for adoptive placement. new text beginIf the relative or
foster parent does not have an adoption home study in the relative or foster parent's state
of residence, an affidavit attesting to efforts to complete an adoption home study may be
filed with the motion instead. The affidavit must be signed by the relative or foster parent
and the agency completing the adoption home study.
new text end

(b) The motion shall be filed with the court conducting reviews of the child's progress
toward adoption under this section. The motion and supporting documents must make a
prima facie showing that the agency has been unreasonable in failing to make the requested
adoptive placement. The motion must be served according to the requirements for motions
under the Minnesota Rules of Juvenile Protection Procedure and shall be made on all
individuals and entities listed in subdivision 2.

(c) If the motion and supporting documents do not make a prima facie showing for the
court to determine whether the agency has been unreasonable in failing to make the requested
adoptive placement, the court shall dismiss the motion. If the court determines a prima facie
basis is made, the court shall set the matter for evidentiary hearing.

(d) At the evidentiary hearing, the responsible social services agency shall proceed first
with evidence about the reason for not making the adoptive placement proposed by the
moving party. new text beginWhen the agency presents evidence regarding the child's current relationship
with the identified adoptive placement resource, the court must consider the agency's efforts
to support the child's relationship with the moving party consistent with section 260C.221.
new text end The moving party then has the burden of proving by a preponderance of the evidence that
the agency has been unreasonable in failing to make the adoptive placement.

new text begin (e) The court shall review and enter findings regarding whether the agency, in making
an adoptive placement decision for the child:
new text end

new text begin (1) considered relatives for adoptive placement in the order specified under section
260C.212, subdivision 2, paragraph (a); and
new text end

new text begin (2) assessed how the identified adoptive placement resource and the moving party are
each able to meet the child's current and future needs, based on an individualized
determination of the child's needs, as required under sections 260C.212, subdivision 2, and
260C.613, subdivision 1, paragraph (b).
new text end

deleted text begin (e)deleted text endnew text begin (f)new text end At the conclusion of the evidentiary hearing, if the court finds that the agency has
been unreasonable in failing to make the adoptive placement and that the deleted text beginrelative or the
child's foster parentdeleted text endnew text begin moving partynew text end is the most suitable adoptive home to meet the child's
needs using the factors in section 260C.212, subdivision 2, paragraph (b), the court maynew text begin:
new text end

new text begin (1)new text end order the responsible social services agency to make an adoptive placement in the
home of the deleted text beginrelative or the child's foster parent.deleted text endnew text begin moving party if the moving party has an
approved adoption home study; or
new text end

new text begin (2) order the responsible social services agency to place the child in the home of the
moving party upon approval of an adoption home study. The agency must promote and
support the child's ongoing visitation and contact with the moving party until the child is
placed in the moving party's home. The agency must provide an update to the court after
90 days, including progress and any barriers encountered. If the moving party does not have
an approved adoption home study within 180 days, the moving party and the agency must
inform the court of any barriers to obtaining the approved adoption home study during a
review hearing under this section. If the court finds that the moving party is unable to obtain
an approved adoption home study, the court must dismiss the order for adoptive placement
under this subdivision and order the agency to continue making reasonable efforts to finalize
the adoption of the child as required under section 260C.605.
new text end

deleted text begin (f)deleted text endnew text begin (g)new text end If, in order to ensure that a timely adoption may occur, the court orders the
responsible social services agency to make an adoptive placement under this subdivision,
the agency shall:

(1) make reasonable efforts to obtain a fully executed adoption placement agreementnew text begin,
including assisting the moving party with the adoption home study processnew text end;

(2) work with the moving party regarding eligibility for adoption assistance as required
under chapter 256N; and

(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval
of the adoptive placement through the Interstate Compact on the Placement of Children.

deleted text begin (g)deleted text endnew text begin (h)new text end Denial or granting of a motion for an order for adoptive placement after an
evidentiary hearing is an order which may be appealed by the responsible social services
agency, the moving party, the child, when age ten or over, the child's guardian ad litem,
and any individual who had a fully executed adoption placement agreement regarding the
child at the time the motion was filed if the court's order has the effect of terminating the
adoption placement agreement. An appeal shall be conducted according to the requirements
of the Rules of Juvenile Protection Procedure.

Sec. 38.

Minnesota Statutes 2020, section 260C.613, subdivision 1, is amended to read:

Subdivision 1.

Adoptive placement decisions.

(a) The responsible social services agency
has exclusive authority to make an adoptive placement of a child under the guardianship of
the commissioner. The child shall be considered placed for adoption when the adopting
parent, the agency, and the commissioner have fully executed an adoption placement
agreement on the form prescribed by the commissioner.

(b) The responsible social services agency shall use an individualized determination of
the child's currentnew text begin and futurenew text end needsnew text begin,new text end pursuant to section 260C.212, subdivision 2, paragraph
(b), to determine the most suitable adopting parent for the child in the child's best interests.new text begin
The responsible social services agency must consider adoptive placement of the child with
relatives in the order specified in section 260C.212, subdivision 2, paragraph (a).
new text end

(c) The responsible social services agency shall notify the court and parties entitled to
notice under section 260C.607, subdivision 2, when there is a fully executed adoption
placement agreement for the child.

(d) In the event an adoption placement agreement terminates, the responsible social
services agency shall notify the court, the parties entitled to notice under section 260C.607,
subdivision 2, and the commissioner that the agreement and the adoptive placement have
terminated.

Sec. 39.

Minnesota Statutes 2020, section 260C.613, subdivision 5, is amended to read:

Subd. 5.

Required record keeping.

The responsible social services agency shall
document, in the records required to be kept under section 259.79, the reasons for the
adoptive placement decision regarding the child, including the individualized determination
of the child's needs based on the factors in section 260C.212, subdivision 2, paragraph (b)deleted text begin,deleted text endnew text begin;
the agency's consideration of relatives in the order specified in section 260C.212, subdivision
2, paragraph (a);new text end and the assessment of how the selected adoptive placement meets the
identified needs of the child. The responsible social services agency shall retain in the
records required to be kept under section 259.79, copies of all out-of-home placement plans
made since the child was ordered under guardianship of the commissioner and all court
orders from reviews conducted pursuant to section 260C.607.

Sec. 40.

Minnesota Statutes 2020, section 268.19, subdivision 1, is amended to read:

Subdivision 1.

Use of data.

(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:

(1) state and federal agencies specifically authorized access to the data by state or federal
law;

(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;

(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;

(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 256.978;

(5) human rights agencies within Minnesota that have enforcement powers;

(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;

(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;

(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
Department of Commerce for uses consistent with the administration of their duties under
Minnesota law;

(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;

(10) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program new text beginand other cash assistance programs, the Supplemental Nutrition Assistance Program
(SNAP), and the Supplemental Nutrition Assistance Program Employment and Training
program new text endby providing data on recipients and former recipients of Supplemental Nutrition
Assistance Program deleted text begin(SNAP)deleted text end benefits, cash assistance under chapter 256, 256D, 256J, or
256K, child care assistance under chapter 119B, or medical programs under chapter 256B
or 256L or formerly codified under chapter 256D;

(11) local and state welfare agencies for the purpose of identifying employment, wages,
and other information to assist in the collection of an overpayment debt in an assistance
program;

(12) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;

(13) the United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;

(14) the Department of Health for the purposes of epidemiologic investigations;

(15) the Department of Corrections for the purposes of case planning and internal research
for preprobation, probation, and postprobation employment tracking of offenders sentenced
to probation and preconfinement and postconfinement employment tracking of committed
offenders;

(16) the state auditor to the extent necessary to conduct audits of job opportunity building
zones as required under section 469.3201; and

(17) the Office of Higher Education for purposes of supporting program improvement,
system evaluation, and research initiatives including the Statewide Longitudinal Education
Data System.

(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
and 13, and must not be disclosed except under statute or district court order or to a party
named in a criminal proceeding, administrative or judicial, for preparation of a defense.

(c) Data gathered by the department in the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the department.

Sec. 41.

Laws 2021, First Special Session chapter 7, article 10, section 1, the effective
date, is amended to read:

EFFECTIVE DATE.

This section is effective June 1, deleted text begin2022deleted text endnew text begin 2023new text end.

Sec. 42.

Laws 2021, First Special Session chapter 7, article 10, section 3, is amended to
read:

Sec. 3. LEGISLATIVE TASK FORCE; CHILD PROTECTION.

(a) A legislative task force is created to:

deleted text begin (1) review the efforts being made to implement the recommendations of the Governor's
Task Force on the Protection of Children;
deleted text end

deleted text begin (2) expand the efforts into related areas of the child welfare system;
deleted text end

deleted text begin (3) work with the commissioner of human services and community partners to establish
and evaluate child protection grants to address disparities in child welfare pursuant to
Minnesota Statutes, section 256E.28;
deleted text end

deleted text begin (4) review and recommend alternatives to law enforcement responding to a maltreatment
report by removing the child and evaluate situations in which it may be appropriate for a
social worker or other child protection worker to remove the child from the home;
deleted text end

deleted text begin (5)deleted text endnew text begin (1)new text end evaluate current statutes governing mandatory reporters, consider the modification
of mandatory reporting requirements for private or public youth recreation programs, and,
if necessary, introduce legislation by February 15, deleted text begin2022deleted text endnew text begin 2023new text end, to implement appropriate
modifications;new text begin and
new text end

deleted text begin (6) evaluate and consider the intersection of educational neglect and the child protection
system; and
deleted text end

deleted text begin (7)deleted text endnew text begin (2)new text end identify additional areas within the child welfare system that need to be addressed
by the legislature.

(b) Members of the legislative task force shall include:

(1) six members from the house of representatives appointed by the speaker of the house,
including three from the majority party and three from the minority party; and

(2) six members from the senate, including three members appointed by the senate
majority leader and three members appointed by the senate minority leader.

(c) Members of the task force shall serve a term that expires on December 31 of the
deleted text begin even-numbereddeleted text endnew text begin odd-numberednew text end year following the year they are appointed. The speaker of
the house and the majority leader of the senate shall each appoint a chair and vice-chair
from the membership of the task force. The chair shall rotate after each meeting. The task
force must meet at least quarterly.

(d) Initial appointments to the task force shall be made by July 15, deleted text begin2021deleted text endnew text begin 2022new text end. The chair
shall convene the first meeting of the task force by August 15, deleted text begin2021deleted text endnew text begin 2022new text end.

(e) The task force may provide oversight and monitoring of:

(1) the efforts by the Department of Human Services, counties, and Tribes to implement
laws related to child protection;

(2) efforts by the Department of Human Services, counties, and Tribes to implement the
recommendations of the Governor's Task Force on the Protection of Children;

(3) efforts by agencies including but not limited to the Department of Education, the
Housing Finance Agency, the Department of Corrections, and the Department of Public
Safety, to work with the Department of Human Services to assure safety and well-being for
children at risk of harm or children in the child welfare system; and

(4) efforts by the Department of Human Services, other agencies, counties, and Tribes
to implement best practices to ensure every child is protected from maltreatment and neglect
and to ensure every child has the opportunity for healthy development.

deleted text begin (f) The task force, in cooperation with the commissioner of human services, shall issue
a report to the legislature and governor by February 1, 2024. The report must contain
information on the progress toward implementation of changes to the child protection system,
recommendations for additional legislative changes and procedures affecting child protection
and child welfare, and funding needs to implement recommended changes.
deleted text end

deleted text begin (g)deleted text endnew text begin (f)new text end This section expires December 31, deleted text begin2024deleted text endnew text begin 2025new text end.

Sec. 43.

Laws 2021, First Special Session chapter 8, article 6, section 1, subdivision 7, is
amended to read:

Subd. 7.

Report.

(a) No later than February 1, 2022, the task force shall submit an initial
report to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over housing and preventing homelessness on
its findings and recommendations.

(b) No later than deleted text beginAugust 31deleted text endnew text begin December 15new text end, 2022, the task force shall submit a final report
to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over housing and preventing homelessness on
its findings and recommendations.

Sec. 44. new text beginDIRECTION TO COMMISSIONER; PAPERWORK REDUCTION FOR
CHILD PROTECTION CASES.
new text end

new text begin By January 15, 2024, the commissioner of human services must consult with counties,
local social services agencies, and Minnesota's Tribal governments on its continuing efforts
to make department operations more efficient and effective by streamlining and minimizing
required paperwork for child protection cases. The consultation with the counties, local
social services agencies, and Minnesota's Tribal governments should include a discussion
of a proposed timeline to implement the improvements and of procedures for soliciting and
incorporating ongoing input from counties and Minnesota's Tribal governments regarding
implementation of improvements to maximize benefits and utility for children in placement,
foster care providers, Tribes, counties, and private child placing agencies.
new text end

ARTICLE 2

BEHAVIORAL HEALTH

Section 1.

Minnesota Statutes 2021 Supplement, section 15.01, is amended to read:

15.01 DEPARTMENTS OF THE STATE.

The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture;new text begin the Department of Behavioral
Health;new text end the Department of Commerce; the Department of Corrections; the Department of
Education; the Department of Employment and Economic Development; the Department
of Health; the Department of Human Rights; the Department of Information Technology
Services; the Department of Iron Range Resources and Rehabilitation; the Department of
Labor and Industry; the Department of Management and Budget; the Department of Military
Affairs; the Department of Natural Resources; the Department of Public Safety; the
Department of Human Services; the Department of Revenue; the Department of
Transportation; the Department of Veterans Affairs; and their successor departments.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2021 Supplement, section 15.06, subdivision 1, is amended to
read:

Subdivision 1.

Applicability.

This section applies to the following departments or
agencies: the Departments of Administration, Agriculture,new text begin Behavioral Health,new text end Commerce,
Corrections, Education, Employment and Economic Development, Health, Human Rights,
Labor and Industry, Management and Budget, Natural Resources, Public Safety, Human
Services, Revenue, Transportation, and Veterans Affairs; the Housing Finance and Pollution
Control Agencies; the Office of Commissioner of Iron Range Resources and Rehabilitation;
the Department of Information Technology Services; the Bureau of Mediation Services;
and their successor departments and agencies. The heads of the foregoing departments or
agencies are "commissioners."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 15A.0815, subdivision 2, is amended to read:

Subd. 2.

Group I salary limits.

The salary for a position listed in this subdivision shall
not exceed 133 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:

Commissioner of administration;

Commissioner of agriculture;

new text begin Commissioner of behavioral health;
new text end

Commissioner of education;

Commissioner of commerce;

Commissioner of corrections;

Commissioner of health;

Commissioner, Minnesota Office of Higher Education;

Commissioner, Housing Finance Agency;

Commissioner of human rights;

Commissioner of human services;

Commissioner of labor and industry;

Commissioner of management and budget;

Commissioner of natural resources;

Commissioner, Pollution Control Agency;

Commissioner of public safety;

Commissioner of revenue;

Commissioner of employment and economic development;

Commissioner of transportation; and

Commissioner of veterans affairs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 4.

Minnesota Statutes 2021 Supplement, section 43A.08, subdivision 1a, is amended
to read:

Subd. 1a.

Additional unclassified positions.

Appointing authorities for the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture;new text begin Behavioral Health;new text end Commerce; Corrections;
Education; Employment and Economic Development; Explore Minnesota Tourism;
Management and Budget; Health; Human Rights; Labor and Industry; Natural Resources;
Public Safety; Human Services; Revenue; Transportation; and Veterans Affairs; the Housing
Finance and Pollution Control Agencies; the State Lottery; the State Board of Investment;
the Office of Administrative Hearings; the Department of Information Technology Services;
the Offices of the Attorney General, Secretary of State, and State Auditor; the Minnesota
State Colleges and Universities; the Minnesota Office of Higher Education; the Perpich
Center for Arts Education; and the Minnesota Zoological Board.

A position designated by an appointing authority according to this subdivision must
meet the following standards and criteria:

(1) the designation of the position would not be contrary to other law relating specifically
to that agency;

(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;

(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;

(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;

(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;

(6) the position would be at the level of division or bureau director or assistant to the
agency head; and

(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 5.

Minnesota Statutes 2021 Supplement, section 62A.673, subdivision 2, is amended
to read:

Subd. 2.

Definitions.

(a) For purposes of this section, the terms defined in this subdivision
have the meanings given.

(b) "Distant site" means a site at which a health care provider is located while providing
health care services or consultations by means of telehealth.

(c) "Health care provider" means a health care professional who is licensed or registered
by the state to perform health care services within the provider's scope of practice and in
accordance with state law. A health care provider includes a mental health professional deleted text beginas
defineddeleted text end under section deleted text begin245.462, subdivision 18, or 245.4871, subdivision 27deleted text endnew text begin 245I.04,
subdivision 2new text end; a mental health practitioner deleted text beginas defineddeleted text end under section deleted text begin245.462, subdivision
17, or 245.4871, subdivision 26deleted text endnew text begin 245I.04, subdivision 4; a clinical trainee under section
245I.04, subdivision 6new text end; a treatment coordinator under section 245G.11, subdivision 7; an
alcohol and drug counselor under section 245G.11, subdivision 5; and a recovery peer under
section 245G.11, subdivision 8.

(d) "Health carrier" has the meaning given in section 62A.011, subdivision 2.

(e) "Health plan" has the meaning given in section 62A.011, subdivision 3. Health plan
includes dental plans as defined in section 62Q.76, subdivision 3, but does not include dental
plans that provide indemnity-based benefits, regardless of expenses incurred, and are designed
to pay benefits directly to the policy holder.

(f) "Originating site" means a site at which a patient is located at the time health care
services are provided to the patient by means of telehealth. For purposes of store-and-forward
technology, the originating site also means the location at which a health care provider
transfers or transmits information to the distant site.

(g) "Store-and-forward technology" means the asynchronous electronic transfer or
transmission of a patient's medical information or data from an originating site to a distant
site for the purposes of diagnostic and therapeutic assistance in the care of a patient.

(h) "Telehealth" means the delivery of health care services or consultations through the
use of real time two-way interactive audio and visual communications to provide or support
health care delivery and facilitate the assessment, diagnosis, consultation, treatment,
education, and care management of a patient's health care. Telehealth includes the application
of secure video conferencing, store-and-forward technology, and synchronous interactions
between a patient located at an originating site and a health care provider located at a distant
site. Until July 1, 2023, telehealth also includes audio-only communication between a health
care provider and a patient in accordance with subdivision 6, paragraph (b). Telehealth does
not include communication between health care providers that consists solely of a telephone
conversation, e-mail, or facsimile transmission. Telehealth does not include communication
between a health care provider and a patient that consists solely of an e-mail or facsimile
transmission. Telehealth does not include telemonitoring services as defined in paragraph
(i).

(i) "Telemonitoring services" means the remote monitoring of clinical data related to
the enrollee's vital signs or biometric data by a monitoring device or equipment that transmits
the data electronically to a health care provider for analysis. Telemonitoring is intended to
collect an enrollee's health-related data for the purpose of assisting a health care provider
in assessing and monitoring the enrollee's medical condition or status.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end

Sec. 6.

Minnesota Statutes 2020, section 62N.25, subdivision 5, is amended to read:

Subd. 5.

Benefits.

Community integrated service networks must offer the health
maintenance organization benefit set, as defined in chapter 62D, and other laws applicable
to entities regulated under chapter 62D. Community networks and chemical dependency
facilities under contract with a community network shall use the assessment criteria in
deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text endnew text begin section 245G.05new text end when assessing enrollees
for chemical dependency treatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 7.

Minnesota Statutes 2020, section 62Q.1055, is amended to read:

62Q.1055 CHEMICAL DEPENDENCY.

All health plan companies shall use the assessment criteria in deleted text beginMinnesota Rules, parts
9530.6600 to 9530.6655,deleted text endnew text begin section 245G.05new text end when assessing and deleted text beginplacingdeleted text endnew text begin treatingnew text end enrollees
for chemical dependency treatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 8.

Minnesota Statutes 2020, section 62Q.47, is amended to read:

62Q.47 ALCOHOLISM, MENTAL HEALTH, AND CHEMICAL DEPENDENCY
SERVICES.

(a) All health plans, as defined in section 62Q.01, that provide coverage for alcoholism,
mental health, or chemical dependency services, must comply with the requirements of this
section.

(b) Cost-sharing requirements and benefit or service limitations for outpatient mental
health and outpatient chemical dependency and alcoholism services, except for persons
deleted text begin placed indeleted text endnew text begin seekingnew text end chemical dependency services under deleted text beginMinnesota Rules, parts 9530.6600
to 9530.6655deleted text endnew text begin section 245G.05new text end, must not place a greater financial burden on the insured or
enrollee, or be more restrictive than those requirements and limitations for outpatient medical
services.

(c) Cost-sharing requirements and benefit or service limitations for inpatient hospital
mental health and inpatient hospital and residential chemical dependency and alcoholism
services, except for persons deleted text beginplaced indeleted text endnew text begin seekingnew text end chemical dependency services under deleted text beginMinnesota
Rules, parts 9530.6600 to 9530.6655deleted text endnew text begin section 245G.05new text end, must not place a greater financial
burden on the insured or enrollee, or be more restrictive than those requirements and
limitations for inpatient hospital medical services.

(d) A health plan company must not impose an NQTL with respect to mental health and
substance use disorders in any classification of benefits unless, under the terms of the health
plan as written and in operation, any processes, strategies, evidentiary standards, or other
factors used in applying the NQTL to mental health and substance use disorders in the
classification are comparable to, and are applied no more stringently than, the processes,
strategies, evidentiary standards, or other factors used in applying the NQTL with respect
to medical and surgical benefits in the same classification.

(e) All health plans must meet the requirements of the federal Mental Health Parity Act
of 1996, Public Law 104-204; Paul Wellstone and Pete Domenici Mental Health Parity and
Addiction Equity Act of 2008; the Affordable Care Act; and any amendments to, and federal
guidance or regulations issued under, those acts.

(f) The commissioner may require information from health plan companies to confirm
that mental health parity is being implemented by the health plan company. Information
required may include comparisons between mental health and substance use disorder
treatment and other medical conditions, including a comparison of prior authorization
requirements, drug formulary design, claim denials, rehabilitation services, and other
information the commissioner deems appropriate.

(g) Regardless of the health care provider's professional license, if the service provided
is consistent with the provider's scope of practice and the health plan company's credentialing
and contracting provisions, mental health therapy visits and medication maintenance visits
shall be considered primary care visits for the purpose of applying any enrollee cost-sharing
requirements imposed under the enrollee's health plan.

(h) By June 1 of each year, beginning June 1, 2021, the commissioner of commerce, in
consultation with the commissioner of health, shall submit a report on compliance and
oversight to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and commerce. The report must:

(1) describe the commissioner's process for reviewing health plan company compliance
with United States Code, title 42, section 18031(j), any federal regulations or guidance
relating to compliance and oversight, and compliance with this section and section 62Q.53;

(2) identify any enforcement actions taken by either commissioner during the preceding
12-month period regarding compliance with parity for mental health and substance use
disorders benefits under state and federal law, summarizing the results of any market conduct
examinations. The summary must include: (i) the number of formal enforcement actions
taken; (ii) the benefit classifications examined in each enforcement action; and (iii) the
subject matter of each enforcement action, including quantitative and nonquantitative
treatment limitations;

(3) detail any corrective action taken by either commissioner to ensure health plan
company compliance with this section, section 62Q.53, and United States Code, title 42,
section 18031(j); and

(4) describe the information provided by either commissioner to the public about
alcoholism, mental health, or chemical dependency parity protections under state and federal
law.

The report must be written in nontechnical, readily understandable language and must be
made available to the public by, among other means as the commissioners find appropriate,
posting the report on department websites. Individually identifiable information must be
excluded from the report, consistent with state and federal privacy protections.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 9.

Minnesota Statutes 2021 Supplement, section 148F.11, subdivision 1, is amended
to read:

Subdivision 1.

Other professionals.

(a) Nothing in this chapter prevents members of
other professions or occupations from performing functions for which they are qualified or
licensed. This exception includes, but is not limited to: licensed physicians; registered nurses;
licensed practical nurses; licensed psychologists and licensed psychological practitioners;
members of the clergy provided such services are provided within the scope of regular
ministries; American Indian medicine men and women; licensed attorneys; probation officers;
licensed marriage and family therapists; licensed social workers; social workers employed
by city, county, or state agencies; licensed professional counselors; licensed professional
clinical counselors; licensed school counselors; registered occupational therapists or
occupational therapy assistants; Upper Midwest Indian Council on Addictive Disorders
(UMICAD) certified counselors when providing services to Native American people; city,
county, or state employees when providing assessments or case management under Minnesota
Rules, chapter 9530; and deleted text beginindividuals defined in section 256B.0623, subdivision 5, clauses
(1) to (6),deleted text endnew text begin staff personsnew text end providing co-occurring substance use disorder treatment in adult
mental health rehabilitative programs certified or licensed by the Department of Human
Services under section 245I.23, 256B.0622, or 256B.0623.

(b) Nothing in this chapter prohibits technicians and resident managers in programs
licensed by the Department of Human Services from discharging their duties as provided
in Minnesota Rules, chapter 9530.

(c) Any person who is exempt from licensure under this section must not use a title
incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
counselor" or otherwise hold himself or herself out to the public by any title or description
stating or implying that he or she is engaged in the practice of alcohol and drug counseling,
or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless
that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
use of one of the titles in paragraph (a).

new text begin EFFECTIVE DATE. new text end

Sec. 10.

Minnesota Statutes 2020, section 148F.11, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Former students. new text end

new text begin (a) A former student may practice alcohol and drug
counseling for 90 days after the former student's degree conferral date from an accredited
school or educational program or after the last date the former student received credit for
an alcohol and drug counseling course from an accredited school or educational program.
The former student's practice under this section must be supervised by a supervisor.
new text end

new text begin (b) The former student's right to practice under this section automatically expires after
90 days from the former student's degree conferral date or date of last course credit for an
alcohol and drug counseling course, whichever occurs last.
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

Sec. 11.

Minnesota Statutes 2020, section 169A.70, subdivision 3, is amended to read:

Subd. 3.

Assessment report.

(a) The assessment report must be on a form prescribed
by the commissioner and shall contain an evaluation of the convicted defendant concerning
the defendant's prior traffic and criminal record, characteristics and history of alcohol and
chemical use problems, and amenability to rehabilitation through the alcohol safety program.
The report is classified as private data on individuals as defined in section 13.02, subdivision
12.

(b) The assessment report must include:

(1) a diagnosis of the nature of the offender's chemical and alcohol involvement;

(2) an assessment of the severity level of the involvement;

(3) a recommended level of care for the offender in accordance with the criteria contained
in deleted text beginrules adopted by the commissioner of human services under section 254A.03, subdivision
3 (chemical dependency treatment rules)deleted text endnew text begin section 245G.05new text end;

(4) an assessment of the offender's placement needs;

(5) recommendations for other appropriate remedial action or care, including aftercare
services in section 254B.01, subdivision 3, that may consist of educational programs,
one-on-one counseling, a program or type of treatment that addresses mental health concerns,
or a combination of them; and

(6) a specific explanation why no level of care or action was recommended, if applicable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 12.

Minnesota Statutes 2020, section 169A.70, subdivision 4, is amended to read:

Subd. 4.

Assessor standards; rules; assessment time limits.

A chemical use assessment
required by this section must be conducted by an assessor appointed by the court. The
assessor must meet the training and qualification requirements of deleted text beginrules adopted by the
commissioner of human services under section 254A.03, subdivision 3 (chemical dependency
treatment rules)deleted text endnew text begin section 245G.11, subdivisions 1 and 5new text end. Notwithstanding section 13.82 (law
enforcement data), the assessor shall have access to any police reports, laboratory test results,
and other law enforcement data relating to the current offense or previous offenses that are
necessary to complete the evaluation. deleted text beginAn assessor providing an assessment under this section
may not have any direct or shared financial interest or referral relationship resulting in
shared financial gain with a treatment provider, except as authorized under section 254A.19,
subdivision 3. If an independent assessor is not available, the court may use the services of
an assessor authorized to perform assessments for the county social services agency under
a variance granted under rules adopted by the commissioner of human services under section
254A.03, subdivision 3.deleted text end An appointment for the defendant to undergo the assessment must
be made by the court, a court services probation officer, or the court administrator as soon
as possible but in no case more than one week after the defendant's court appearance. The
assessment must be completed no later than three weeks after the defendant's court
appearance. If the assessment is not performed within this time limit, the county where the
defendant is to be sentenced shall perform the assessment. The county of financial
responsibility must be determined under chapter 256G.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 13.

Minnesota Statutes 2021 Supplement, section 245.467, subdivision 2, is amended
to read:

Subd. 2.

Diagnostic assessment.

deleted text beginProvidersdeleted text endnew text begin A providernew text end of services governed by this
section must complete a diagnostic assessment new text beginof a client new text endaccording to the standards of
section 245I.10deleted text begin, subdivisions 4 to 6deleted text end.

new text begin EFFECTIVE DATE. new text end

Sec. 14.

Minnesota Statutes 2021 Supplement, section 245.467, subdivision 3, is amended
to read:

Subd. 3.

Individual treatment plans.

deleted text beginProvidersdeleted text endnew text begin A providernew text end of services governed by
this section must complete an individual treatment plan new text beginfor a client new text endaccording to the standards
of section 245I.10, subdivisions 7 and 8.

new text begin EFFECTIVE DATE. new text end

Sec. 15.

Minnesota Statutes 2021 Supplement, section 245.4871, subdivision 21, is amended
to read:

Subd. 21.

Individual treatment plan.

new text begin(a) new text end"Individual treatment plan" means the
formulation of planned services that are responsive to the needs and goals of a client. An
individual treatment plan must be completed according to section 245I.10, subdivisions 7
and 8.

new text begin (b) A children's residential facility licensed under Minnesota Rules, chapter 2960, is
exempt from the requirements of section 245I.10, subdivisions 7 and 8. Instead, the individual
treatment plan must:
new text end

new text begin (1) include a written plan of intervention, treatment, and services for a child with an
emotional disturbance that the service provider develops under the clinical supervision of
a mental health professional on the basis of a diagnostic assessment;
new text end

new text begin (2) be developed in conjunction with the family unless clinically inappropriate; and
new text end

new text begin (3) identify goals and objectives of treatment, treatment strategy, a schedule for
accomplishing treatment goals and objectives, and the individuals responsible for providing
treatment to the child with an emotional disturbance.
new text end

new text begin EFFECTIVE DATE. new text end

Sec. 16.

Minnesota Statutes 2021 Supplement, section 245.4876, subdivision 2, is amended
to read:

Subd. 2.

Diagnostic assessment.

deleted text beginProvidersdeleted text endnew text begin A providernew text end of services governed by this
section deleted text beginshalldeleted text endnew text begin mustnew text end complete a diagnostic assessment new text beginof a client new text endaccording to the standards
of section 245I.10deleted text begin, subdivisions 4 to 6deleted text end.new text begin Notwithstanding the required timelines for completing
a diagnostic assessment in section 245I.10, a children's residential facility licensed under
Minnesota Rules, chapter 2960, that provides mental health services to children must, within
ten days of the client's admission: (1) complete the client's diagnostic assessment; or (2)
review and update the client's diagnostic assessment with a summary of the child's current
mental health status and service needs if a diagnostic assessment is available that was
completed within 180 days preceding admission and the client's mental health status has
not changed markedly since the diagnostic assessment.
new text end

new text begin EFFECTIVE DATE. new text end

Sec. 17.

Minnesota Statutes 2021 Supplement, section 245.4876, subdivision 3, is amended
to read:

Subd. 3.

Individual treatment plans.

deleted text beginProvidersdeleted text endnew text begin A providernew text end of services governed by
this section deleted text beginshalldeleted text endnew text begin mustnew text end complete an individual treatment plan new text beginfor a client new text endaccording to the
standards of section 245I.10, subdivisions 7 and 8.new text begin A children's residential facility licensed
according to Minnesota Rules, chapter 2960, is exempt from the requirements in section
245I.10, subdivisions 7 and 8. Instead, the facility must involve the child and the child's
family in all phases of developing and implementing the individual treatment plan to the
extent appropriate and must review the individual treatment plan every 90 days after intake.
new text end

new text begin EFFECTIVE DATE. new text end

Sec. 18.

Minnesota Statutes 2020, section 245.4882, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Crisis admissions and stabilization. new text end

new text begin (a) A child may be referred for residential
treatment services under this section for the purpose of crisis stabilization by:
new text end

new text begin (1) a mental health professional as defined in section 245I.04, subdivision 2;
new text end

new text begin (2) a physician licensed under chapter 147 who is assessing a child in an emergency
department; or
new text end

new text begin (3) a member of a mobile crisis team who meets the qualifications under section
256B.0624, subdivision 5 new text end new text begin .
new text end

new text begin (b) A provider making a referral under paragraph (a) must conduct an assessment of the
child's mental health needs and make a determination that the child is experiencing a mental
health crisis and is in need of residential treatment services under this section.
new text end

new text begin (c) A child may receive services under this subdivision for up to 30 days and must be
subject to the screening and admissions criteria and processes under section 245.4885
thereafter new text end new text begin .
new text end

new text begin (d) For a child eligible for medical assistance, the commissioner shall reimburse counties
for all costs incurred for the child receiving children's residential crisis stabilization services,
including room and board costs.
new text end

Sec. 19.

Minnesota Statutes 2021 Supplement, section 245.4885, subdivision 1, is amended
to read:

Subdivision 1.

Admission criteria.

(a) Prior to admission or placement, except in the
case of an emergency, all children referred for treatment of severe emotional disturbance
in a treatment foster care setting, residential treatment facility, or informally admitted to a
regional treatment center shall undergo an assessment to determine the appropriate level of
care if county funds are used to pay for the child's services.new text begin An emergency includes when
a child is in need of and has been referred for crisis stabilization services under section
245.4882, subdivision 6. A child who has been referred to residential treatment for crisis
stabilization services in a residential treatment center is not required to undergo an assessment
under this section.
new text end

(b) The county board shall determine the appropriate level of care for a child when
county-controlled funds are used to pay for the child's residential treatment under this
chapter, including residential treatment provided in a qualified residential treatment program
as defined in section 260C.007, subdivision 26d. When a county board does not have
responsibility for a child's placement and the child is enrolled in a prepaid health program
under section 256B.69, the enrolled child's contracted health plan must determine the
appropriate level of care for the child. When Indian Health Services funds or funds of a
tribally owned facility funded under the Indian Self-Determination and Education Assistance
Act, Public Law 93-638, are used for the child, the Indian Health Services or 638 tribal
health facility must determine the appropriate level of care for the child. When more than
one entity bears responsibility for a child's coverage, the entities shall coordinate level of
care determination activities for the child to the extent possible.

(1) is necessary;

(2) is appropriate to the child's individual treatment needs;

(3) cannot be effectively provided in the child's home; and

(4) provides a length of stay as short as possible consistent with the individual child's
needs.

(d) When a level of care determination is conducted, the county board or other entity
may not determine that a screening of a child, referral, or admission to a residential treatment
facility is not appropriate solely because services were not first provided to the child in a
less restrictive setting and the child failed to make progress toward or meet treatment goals
in the less restrictive setting. The level of care determination must be based on a diagnostic
assessment of a child that evaluates the child's family, school, and community living
situations; and an assessment of the child's need for care out of the home using a validated
tool which assesses a child's functional status and assigns an appropriate level of care to the
child. The validated tool must be approved by the commissioner of human services and
may be the validated tool approved for the child's assessment under section 260C.704 if the
juvenile treatment screening team recommended placement of the child in a qualified
residential treatment program. If a diagnostic assessment has been completed by a mental
health professional within the past 180 days, a new diagnostic assessment need not be
completed unless in the opinion of the current treating mental health professional the child's
mental health status has changed markedly since the assessment was completed. The child's
parent shall be notified if an assessment will not be completed and of the reasons. A copy
of the notice shall be placed in the child's file. Recommendations developed as part of the
level of care determination process shall include specific community services needed by
the child and, if appropriate, the child's family, and shall indicate whether these services
are available and accessible to the child and the child's family. The child and the child's
family must be invited to any meeting where the level of care determination is discussed
and decisions regarding residential treatment are made. The child and the child's family
may invite other relatives, friends, or advocates to attend these meetings.

(e) During the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual family
community support plan is being developed by the case manager, if assigned.

(f) The level of care determination, placement decision, and recommendations for mental
health services must be documented in the child's record and made available to the child's
family, as appropriate.

Sec. 20.

Minnesota Statutes 2021 Supplement, section 245.4889, subdivision 1, is amended
to read:

Subdivision 1.

Establishment and authority.

(a) The commissioner is authorized to
make grants from available appropriations to assist:

(1) counties;

(2) Indian tribes;

(3) children's collaboratives under section 124D.23 or 245.493; or

(4) mental health service providers.

(b) The following services are eligible for grants under this section:

(1) services to children with emotional disturbances as defined in section 245.4871,
subdivision 15, and their families;

(2) transition services under section 245.4875, subdivision 8, for young adults under
age 21 and their families;

(3) respite care services for children with emotional disturbances or severe emotional
disturbances who are at risk of out-of-home placementnew text begin or already in out-of-home placement
in family foster settings as defined in chapter 245A and at risk of change in out-of-home
placement or placement in a residential facility or other higher level of care. Allowable
activities and expenses for respite care services are defined under subdivision 4new text end. A child is
not required to have case management services to receive respite care services;

(4) children's mental health crisis services;

(5) mental health services for people from cultural and ethnic minorities, including
supervision of clinical trainees who are Black, indigenous, or people of color;

(6) children's mental health screening and follow-up diagnostic assessment and treatment;

(7) services to promote and develop the capacity of providers to use evidence-based
practices in providing children's mental health services;

(8) school-linked mental health services under section 245.4901;

(9) building evidence-based mental health intervention capacity for children birth to age
five;

(10) suicide prevention and counseling services that use text messaging statewide;

(11) mental health first aid training;

(12) training for parents, collaborative partners, and mental health providers on the
impact of adverse childhood experiences and trauma and development of an interactive
website to share information and strategies to promote resilience and prevent trauma;

(13) transition age services to develop or expand mental health treatment and supports
for adolescents and young adults 26 years of age or younger;

(14) early childhood mental health consultation;

(15) evidence-based interventions for youth at risk of developing or experiencing a first
episode of psychosis, and a public awareness campaign on the signs and symptoms of
psychosis;

(16) psychiatric consultation for primary care practitioners; deleted text beginand
deleted text end

(17) providers to begin operations and meet program requirements when establishing a
new children's mental health program. These may be start-up grantsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (18) evidence-informed interventions for youth and young adults who are at risk of
developing a mood disorder or are experiencing an emerging mood disorder, including
major depression and bipolar disorders, and a public awareness campaign on the signs and
symptoms of mood disorders in youth and young adults.
new text end

(c) Services under paragraph (b) must be designed to help each child to function and
remain with the child's family in the community and delivered consistent with the child's
treatment plan. Transition services to eligible young adults under this paragraph must be
designed to foster independent living in the community.

(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party
reimbursement sources, if applicable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 21.

Minnesota Statutes 2020, section 245.4889, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Respite care services. new text end

new text begin Respite care services under subdivision 1, paragraph
(b), clause (3), include hourly or overnight stays at a licensed foster home or with a qualified
and approved family member or friend and may occur at a child's or provider's home. Respite
care services may also include the following activities and expenses:
new text end

new text begin (1) recreational, sport, and nonsport extracurricular activities and programs for the child
including camps, clubs, lessons, group outings, sports, or other activities and programs;
new text end

new text begin (2) family activities, camps, and retreats that the family does together and provide a
break from the family's circumstance;
new text end

new text begin (3) cultural programs and activities for the child and family designed to address the
unique needs of individuals who share a common language, racial, ethnic, or social
background; and
new text end

new text begin (4) costs of transportation, food, supplies, and equipment directly associated with
approved respite care services and expenses necessary for the child and family to access
and participate in respite care services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 22.

Minnesota Statutes 2021 Supplement, section 245.735, subdivision 3, is amended
to read:

Subd. 3.

Certified community behavioral health clinics.

(a) The commissioner shall
establish a state certification process for certified community behavioral health clinics
(CCBHCs) that satisfy all federal requirements necessary for CCBHCs certified under this
section to be eligible for reimbursement under medical assistance, without service area
limits based on geographic area or region. The commissioner shall consult with CCBHC
stakeholders before establishing and implementing changes in the certification process and
requirements. Entities that choose to be CCBHCs must:

(1) comply with state licensing requirements and other requirements issued by the
commissioner;

(2) employ or contract for clinic staff who have backgrounds in diverse disciplines,
including licensed mental health professionals and licensed alcohol and drug counselors,
and staff who are culturally and linguistically trained to meet the needs of the population
the clinic serves;

(3) ensure that clinic services are available and accessible to individuals and families of
all ages and genders and that crisis management services are available 24 hours per day;

(4) establish fees for clinic services for individuals who are not enrolled in medical
assistance using a sliding fee scale that ensures that services to patients are not denied or
limited due to an individual's inability to pay for services;

(5) comply with quality assurance reporting requirements and other reporting
requirements, including any required reporting of encounter data, clinical outcomes data,
and quality data;

(6) provide crisis mental health and substance use services, withdrawal management
services, emergency crisis intervention services, and stabilization services through existing
mobile crisis services; screening, assessment, and diagnosis services, including risk
assessments and level of care determinations; person- and family-centered treatment planning;
outpatient mental health and substance use services; targeted case management; psychiatric
rehabilitation services; peer support and counselor services and family support services;
and intensive community-based mental health services, including mental health services
for members of the armed forces and veterans. CCBHCs must directly provide the majority
of these services to enrollees, but may coordinate some services with another entity through
a collaboration or agreement, pursuant to paragraph (b);

(7) provide coordination of care across settings and providers to ensure seamless
transitions for individuals being served across the full spectrum of health services, including
acute, chronic, and behavioral needs. Care coordination may be accomplished through
partnerships or formal contracts with:

(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified
health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or
community-based mental health providers; and

(ii) other community services, supports, and providers, including schools, child welfare
agencies, juvenile and criminal justice agencies, Indian health services clinics, tribally
licensed health care and mental health facilities, urban Indian health clinics, Department of
Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals,
and hospital outpatient clinics;

(8) be certified as new text begina new text endmental health deleted text beginclinicsdeleted text endnew text begin clinicnew text end under section deleted text begin245.69, subdivision 2deleted text endnew text begin
245I.20new text end;

(9) comply with standards established by the commissioner relating to CCBHC
screenings, assessments, and evaluations;

(10) be licensed to provide substance use disorder treatment under chapter 245G;

(11) be certified to provide children's therapeutic services and supports under section
256B.0943;

(12) be certified to provide adult rehabilitative mental health services under section
256B.0623;

(13) be enrolled to provide mental health crisis response services under deleted text beginsectionsdeleted text endnew text begin sectionnew text end
256B.0624 deleted text beginand 256B.0944deleted text end;

(14) be enrolled to provide mental health targeted case management under section
256B.0625, subdivision 20;

(15) comply with standards relating to mental health case management in Minnesota
Rules, parts 9520.0900 to 9520.0926;

(16) provide services that comply with the evidence-based practices described in
paragraph (e); and

(17) comply with standards relating to peer services under sections 256B.0615,
256B.0616, and 245G.07, subdivision 1, paragraph (a), clause (5), as applicable when peer
services are provided.

(b) If a certified CCBHC is unable to provide one or more of the services listed in
paragraph (a), clauses (6) to (17), the CCBHC may contract with another entity that has the
required authority to provide that service and that meets the following criteria as a designated
collaborating organization:

(1) the entity has a formal agreement with the CCBHC to furnish one or more of the
services under paragraph (a), clause (6);

(2) the entity provides assurances that it will provide services according to CCBHC
service standards and provider requirements;

(3) the entity agrees that the CCBHC is responsible for coordinating care and has clinical
and financial responsibility for the services that the entity provides under the agreement;
and

(4) the entity meets any additional requirements issued by the commissioner.

(c) Notwithstanding any other law that requires a county contract or other form of county
approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise meets
CCBHC requirements may receive the prospective payment under section 256B.0625,
subdivision 5m, for those services without a county contract or county approval. As part of
the certification process in paragraph (a), the commissioner shall require a letter of support
from the CCBHC's host county confirming that the CCBHC and the county or counties it
serves have an ongoing relationship to facilitate access and continuity of care, especially
for individuals who are uninsured or who may go on and off medical assistance.

(d) When the standards listed in paragraph (a) or other applicable standards conflict or
address similar issues in duplicative or incompatible ways, the commissioner may grant
variances to state requirements if the variances do not conflict with federal requirements
for services reimbursed under medical assistance. If standards overlap, the commissioner
may substitute all or a part of a licensure or certification that is substantially the same as
another licensure or certification. The commissioner shall consult with stakeholders, as
described in subdivision 4, before granting variances under this provision. For the CCBHC
that is certified but not approved for prospective payment under section 256B.0625,
subdivision 5m, the commissioner may grant a variance under this paragraph if the variance
does not increase the state share of costs.

(e) The commissioner shall issue a list of required evidence-based practices to be
delivered by CCBHCs, and may also provide a list of recommended evidence-based practices.
The commissioner may update the list to reflect advances in outcomes research and medical
services for persons living with mental illnesses or substance use disorders. The commissioner
shall take into consideration the adequacy of evidence to support the efficacy of the practice,
the quality of workforce available, and the current availability of the practice in the state.
At least 30 days before issuing the initial list and any revisions, the commissioner shall
provide stakeholders with an opportunity to comment.

(f) The commissioner shall recertify CCBHCs at least every three years. The
commissioner shall establish a process for decertification and shall require corrective action,
medical assistance repayment, or decertification of a CCBHC that no longer meets the
requirements in this section or that fails to meet the standards provided by the commissioner
in the application and certification process.

new text begin EFFECTIVE DATE. new text end

Sec. 23.

Minnesota Statutes 2020, section 245A.19, is amended to read:

245A.19 HIV TRAINING IN deleted text beginCHEMICAL DEPENDENCYdeleted text endnew text begin SUBSTANCE USE
DISORDERnew text end TREATMENT PROGRAM.

(a) Applicants and license holders for deleted text beginchemical dependencydeleted text endnew text begin substance use disordernew text end
residential and nonresidential programs must demonstrate compliance with HIV minimum
standards deleted text beginprior todeleted text endnew text begin beforenew text end their application deleted text beginbeingdeleted text endnew text begin isnew text end complete. The HIV minimum standards
contained in the HIV-1 Guidelines for deleted text beginchemical dependencydeleted text endnew text begin substance use disordernew text end treatment
and care programs in Minnesota are not subject to rulemaking.

(b) deleted text beginNinety days after April 29, 1992,deleted text end The applicant or license holder shall orient all
deleted text begin chemical dependencydeleted text endnew text begin substance use disordernew text end treatment staff and clients to the HIV minimum
standards.deleted text begin Thereafter,deleted text end Orientation shall be provided to all staff and clientsdeleted text begin,deleted text end within 72 hours
of employment or admission to the program. In-service training shall be provided to all staff
on at least an annual basis and the license holder shall maintain records of training and
attendance.

(c) The license holder shall maintain a list of referral sources for the purpose of making
necessary referrals of clients to HIV-related services. The list of referral services shall be
updated at least annually.

(d) Written policies and procedures, consistent with HIV minimum standards, shall be
developed and followed by the license holder. All policies and procedures concerning HIV
minimum standards shall be approved by the commissioner. The commissioner deleted text beginshall provide
training on HIV minimum standards to applicantsdeleted text endnew text begin must outline the content required for the
annual staff training under paragraph (b)new text end.

(e) The commissioner may permit variances from the requirements in this section. License
holders seeking variances must follow the procedures in section 245A.04, subdivision 9.

Sec. 24.

new text begin [245A.26] CHILDREN'S RESIDENTIAL FACILITY CRISIS
STABILIZATION SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Clinical trainee" means a staff person who is qualified under section 245I.04,
subdivision 6.
new text end

new text begin (c) "License holder" means an individual, organization, or government entity that was
issued a license by the commissioner of human services under this chapter for residential
mental health treatment for children with emotional disturbance according to Minnesota
Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to 2960.0700, or shelter care services
according to Minnesota Rules, parts 2960.0010 to 2960.0120 and 2960.0510 to 2960.0530.
new text end

new text begin (d) "Mental health professional" means an individual who is qualified under section
245I.04, subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Scope and applicability. new text end

new text begin (a) This section establishes additional licensing
requirements for a children's residential facility to provide children's residential crisis
stabilization services to a child who is experiencing a mental health crisis and is in need of
residential treatment services.
new text end

new text begin (b) A children's residential facility may provide residential crisis stabilization services
only if the facility is licensed to provide:
new text end

new text begin (1) residential mental health treatment for children with emotional disturbance according
to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to 2960.0700; or
new text end

new text begin (2) shelter care services according to Minnesota Rules, parts 2960.0010 to 2960.0120
and 2960.0510 to 2960.0530.
new text end

new text begin (c) If a child receives residential crisis stabilization services for 35 days or fewer in a
facility licensed according to paragraph (b), clause (1), the facility is not required to complete
a diagnostic assessment or treatment plan under Minnesota Rules, parts 2960.0180, subpart
2, and 2960.0600.
new text end

new text begin (d) If a child receives residential crisis stabilization services for 35 days or fewer in a
facility licensed according to paragraph (b), clause (2), the facility is not required to develop
a plan for meeting the child's immediate needs under Minnesota Rules, part 2960.0520,
subpart 3.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility for services. new text end

new text begin An individual is eligible for children's residential crisis
stabilization services if the individual is under 19 years of age and meets the eligibility
criteria for crisis services under section 256B.0624, subdivision 3.
new text end

new text begin Subd. 4. new text end

new text begin Required services; providers. new text end

new text begin (a) A license holder providing residential crisis
stabilization services must continually follow a child's individual crisis treatment plan to
improve the child's functioning.
new text end

new text begin (b) The license holder must offer and have the capacity to directly provide the following
treatment services to a child:
new text end

new text begin (1) crisis stabilization services as described in section 256B.0624, subdivision 7;
new text end

new text begin (2) mental health services as specified in the child's individual crisis treatment plan and
according to the child's treatment needs;
new text end

new text begin (3) health services and medication administration, if applicable; and
new text end

new text begin (4) referrals for the child to community-based treatment providers and support services
for the child's transition from residential crisis stabilization to another treatment setting.
new text end

new text begin (c) Children's residential crisis stabilization services must be provided by a qualified
staff person listed in section 256B.0624, subdivision 8, according to the scope of practice
for the individual staff person's position.
new text end

new text begin Subd. 5. new text end

new text begin Assessment and treatment planning. new text end

new text begin (a) Within 24 hours of a child's admission
for residential crisis stabilization, the license holder must assess the child and document the
child's immediate needs, including the child's:
new text end

new text begin (1) health and safety, including the need for crisis assistance; and
new text end

new text begin (2) need for connection to family and other natural supports.
new text end

new text begin (b) Within 24 hours of a child's admission for residential crisis stabilization, the license
holder must complete a crisis treatment plan for the child, according to the requirements
for a crisis treatment plan under section 256B.0624, subdivision 11. The license holder must
base the child's crisis treatment plan on the child's referral information and the assessment
of the child's immediate needs under paragraph (a). A mental health professional or a clinical
trainee under the supervision of a mental health professional must complete the crisis
treatment plan. A crisis treatment plan completed by a clinical trainee must contain
documentation of approval, as defined in section 245I.02, subdivision 2, by a mental health
professional within five business days of initial completion by the clinical trainee.
new text end

new text begin (c) A mental health professional must review a child's crisis treatment plan each week
and document the weekly reviews in the child's client file.
new text end

new text begin (d) For a client receiving children's residential crisis stabilization services who is 18
years of age or older, the license holder must complete an individual abuse prevention plan
for the client, pursuant to section 245A.65, subdivision 2, as part of the client's crisis
treatment plan.
new text end

new text begin Subd. 6. new text end

new text begin Staffing requirements. new text end

new text begin Staff members of facilities providing services under
this section must have access to a mental health professional or clinical trainee within 30
minutes, either in person or by telephone. The license holder must maintain a current schedule
of available mental health professionals or clinical trainees and include contact information
for each mental health professional or clinical trainee. The schedule must be readily available
to all staff members.
new text end

Sec. 25.

Minnesota Statutes 2020, section 245F.03, is amended to read:

245F.03 APPLICATION.

(a) This chapter establishes minimum standards for withdrawal management programs
licensed by the commissioner that serve one or more unrelated persons.

(b) This chapter does not apply to a withdrawal management program licensed as a
hospital under sections 144.50 to 144.581. A withdrawal management program located in
a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this
chapter is deemed to be in compliance with section 245F.13.

deleted text begin (c) Minnesota Rules, parts 9530.6600 to 9530.6655, do not apply to withdrawal
management programs licensed under this chapter.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 26.

Minnesota Statutes 2020, section 245F.04, subdivision 1, is amended to read:

Subdivision 1.

General application and license requirements.

An applicant for licensure
as a clinically managed withdrawal management program or medically monitored withdrawal
management program must meet the following requirements, except where otherwise noted.
All programs must comply with federal requirements and the general requirements in sections
626.557 and 626.5572 and chapters 245A, 245C, and 260E. A withdrawal management
program must be located in a hospital licensed under sections 144.50 to 144.581, or must
be a supervised living facility with a class new text beginA or new text endB license from the Department of Health
under Minnesota Rules, parts 4665.0100 to 4665.9900.

Sec. 27.

Minnesota Statutes 2020, section 245G.01, is amended by adding a subdivision
to read:

new text begin Subd. 13b. new text end

new text begin Guest speaker. new text end

new text begin "Guest speaker" means an individual who works under the
direct observation of the license holder to present to clients on topics in which the guest
speaker has expertise and that the license holder has determined to be beneficial to a client's
recovery. Tribally licensed programs have autonomy to identify the qualifications of their
guest speakers.
new text end

Sec. 28.

Minnesota Statutes 2020, section 245G.05, subdivision 2, is amended to read:

Subd. 2.

Assessment summary.

(a) An alcohol and drug counselor must complete an
assessment summary within three calendar days from the day of service initiation for a
residential program and within three calendar days on which a treatment session has been
provided from the day of service initiation for a client in a nonresidential program. The
comprehensive assessment summary is complete upon a qualified staff member's dated
signature. If the comprehensive assessment is used to authorize the treatment service, the
alcohol and drug counselor must prepare an assessment summary on the same date the
comprehensive assessment is completed. If the comprehensive assessment and assessment
summary are to authorize treatment services, the assessor must determine appropriatenew text begin level
of care andnew text end services for the client using the deleted text begindimensions in Minnesota Rules, part 9530.6622deleted text endnew text begin
criteria established in section 254B.04, subdivision 4new text end, and document the recommendations.

(b) An assessment summary must include:

(1) a risk description according to section 245G.05 for each dimension listed in paragraph
(c);

(2) a narrative summary supporting the risk descriptions; and

(3) a determination of whether the client has a substance use disorder.

(c) An assessment summary must contain information relevant to treatment service
planning and recorded in the dimensions in clauses (1) to (6). The license holder must
consider:

(1) Dimension 1, acute intoxication/withdrawal potential; the client's ability to cope with
withdrawal symptoms and current state of intoxication;

(2) Dimension 2, biomedical conditions and complications; the degree to which any
physical disorder of the client would interfere with treatment for substance use, and the
client's ability to tolerate any related discomfort. The license holder must determine the
impact of continued substance use on the unborn child, if the client is pregnant;

(3) Dimension 3, emotional, behavioral, and cognitive conditions and complications;
the degree to which any condition or complication is likely to interfere with treatment for
substance use or with functioning in significant life areas and the likelihood of harm to self
or others;

(4) Dimension 4, readiness for change; the support necessary to keep the client involved
in treatment service;

(5) Dimension 5, relapse, continued use, and continued problem potential; the degree
to which the client recognizes relapse issues and has the skills to prevent relapse of either
substance use or mental health problems; and

(6) Dimension 6, recovery environment; whether the areas of the client's life are
supportive of or antagonistic to treatment participation and recovery.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 29.

Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Client record documentation requirements. new text end

new text begin (a) The license holder must
document in the client record any significant event that occurs at the program within 24
hours of the event. A significant event is an event that impacts the client's treatment plan
or the client's relationship with other clients, staff, or the client's family.
new text end

new text begin (b) A residential treatment program must document in the client record the following
items within 24 hours that each occurs:
new text end

new text begin (1) medical and other appointments the client attended if known by the provider;
new text end

new text begin (2) concerns related to medications that are not documented in the medication
administration record; and
new text end

new text begin (3) concerns related to attendance for treatment services, including the reason for any
client absence from a treatment service.
new text end

Sec. 30.

Minnesota Statutes 2020, section 245G.06, subdivision 3, is amended to read:

Subd. 3.

deleted text beginDocumentation of treatment services;deleted text end Treatment plan review.

(a) deleted text beginA review
of all treatment services must be documented weekly and include a review of:
deleted text end

deleted text begin (1) care coordination activities;
deleted text end

deleted text begin (2) medical and other appointments the client attended;
deleted text end

deleted text begin (3) issues related to medications that are not documented in the medication administration
record; and
deleted text end

deleted text begin (4) issues related to attendance for treatment services, including the reason for any client
absence from a treatment service.
deleted text end

deleted text begin (b) A note must be entered immediately following any significant event. A significant
event is an event that impacts the client's relationship with other clients, staff, the client's
family, or the client's treatment plan.
deleted text end

deleted text begin (c)deleted text end A treatment plan review must be entered in a client's file deleted text beginweekly or after each treatment
service, whichever is less frequent, by the staff member providing the servicedeleted text endnew text begin by an alcohol
and drug counselor at least every 28 calendar days; when there is a significant change in
the client's situation, functioning, or service methods; or at the request of the clientnew text end. The
review must indicate the span of time covered by the review and each of the six dimensions
listed in section 245G.05, subdivision 2, paragraph (c). The review must:

(1) deleted text beginindicate the date, type, and amount of each treatment service provided and the client's
response to each service;
deleted text end

deleted text begin (2)deleted text end address each goal in the treatment plan and whether the methods to address the goals
are effective;

deleted text begin (3)deleted text endnew text begin (2)new text end include monitoring of any physical and mental health problems;

deleted text begin (4)deleted text endnew text begin (3)new text end document the participation of others;

deleted text begin (5)deleted text endnew text begin (4)new text end document staff recommendations for changes in the methods identified in the
treatment plan and whether the client agrees with the change; and

deleted text begin (6)deleted text endnew text begin (5)new text end include a review and evaluation of the individual abuse prevention plan according
to section 245A.65.

deleted text begin (d)deleted text endnew text begin (b)new text end Each entry in a client's record must be accurate, legible, signed, and dated. A late
entry must be clearly labeled "late entry." A correction to an entry must be made in a way
in which the original entry can still be read.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 31.

Minnesota Statutes 2020, section 245G.12, is amended to read:

245G.12 PROVIDER POLICIES AND PROCEDURES.

A license holder must develop a written policies and procedures manual, indexed
according to section 245A.04, subdivision 14, paragraph (c), that provides staff members
immediate access to all policies and procedures and provides a client and other authorized
parties access to all policies and procedures. The manual must contain the following
materials:

(1) assessment and treatment planning policies, including screening for mental health
concerns and treatment objectives related to the client's identified mental health concerns
in the client's treatment plan;

(2) policies and procedures regarding HIV according to section 245A.19;

(3) the license holder's methods and resources to provide information on tuberculosis
and tuberculosis screening to each client and to report a known tuberculosis infection
according to section 144.4804;

(4) personnel policies according to section 245G.13;

(5) policies and procedures that protect a client's rights according to section 245G.15;

(6) a medical services plan according to section 245G.08;

(7) emergency procedures according to section 245G.16;

(8) policies and procedures for maintaining client records according to section 245G.09;

(9) procedures for reporting the maltreatment of minors according to chapter 260E, and
vulnerable adults according to sections 245A.65, 626.557, and 626.5572;

(10) a description of treatment services that: (i) includes the amount and type of services
provided; (ii) identifies which services meet the definition of group counseling under section
245G.01, subdivision 13a; deleted text beginanddeleted text end (iii) new text beginidentifies which groups to and topics on which a guest
speaker could provide services under the direct observation of a licensed alcohol and drug
counselor; and (iv) new text enddefines the program's treatment week;

(11) the methods used to achieve desired client outcomes;

(12) the hours of operation; and

(13) the target population served.

Sec. 32.

Minnesota Statutes 2020, section 245G.22, subdivision 2, is amended to read:

Subd. 2.

Definitions.

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

(b) "Diversion" means the use of a medication for the treatment of opioid addiction being
diverted from intended use of the medication.

(c) "Guest dose" means administration of a medication used for the treatment of opioid
addiction to a person who is not a client of the program that is administering or dispensing
the medication.

(d) "Medical director" means a practitioner licensed to practice medicine in the
jurisdiction that the opioid treatment program is located who assumes responsibility for
administering all medical services performed by the program, either by performing the
services directly or by delegating specific responsibility to a practitioner of the opioid
treatment program.

(e) "Medication used for the treatment of opioid use disorder" means a medication
approved by the Food and Drug Administration for the treatment of opioid use disorder.

(f) "Minnesota health care programs" has the meaning given in section 256B.0636.

(g) "Opioid treatment program" has the meaning given in Code of Federal Regulations,
title 42, section 8.12, and includes programs licensed under this chapter.

deleted text begin (h) "Placing authority" has the meaning given in Minnesota Rules, part 9530.6605,
subpart 21a.
deleted text end

deleted text begin (i)deleted text endnew text begin (h)new text end "Practitioner" means a staff member holding a current, unrestricted license to
practice medicine issued by the Board of Medical Practice or nursing issued by the Board
of Nursing and is currently registered with the Drug Enforcement Administration to order
or dispense controlled substances in Schedules II to V under the Controlled Substances Act,
United States Code, title 21, part B, section 821. Practitioner includes an advanced practice
registered nurse and physician assistant if the staff member receives a variance by the state
opioid treatment authority under section 254A.03 and the federal Substance Abuse and
Mental Health Services Administration.

deleted text begin (j)deleted text endnew text begin (i)new text end "Unsupervised use" means the use of a medication for the treatment of opioid use
disorder dispensed for use by a client outside of the program setting.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 33.

Minnesota Statutes 2021 Supplement, section 245I.02, subdivision 19, is amended
to read:

Subd. 19.

Level of care assessment.

"Level of care assessment" means the level of care
decision support tool appropriate to the client's age. For a client five years of age or younger,
a level of care assessment is the Early Childhood Service Intensity Instrument (ESCII). For
a client six to 17 years of age, a level of care assessment is the Child and Adolescent Service
Intensity Instrument (CASII). For a client 18 years of age or older, a level of care assessment
is the Level of Care Utilization System for Psychiatric and Addiction Services (LOCUS)new text begin
or another tool authorized by the commissionernew text end.

Sec. 34.

Minnesota Statutes 2021 Supplement, section 245I.02, subdivision 36, is amended
to read:

Subd. 36.

Staff person.

"Staff person" means an individual who works under a license
holder's direction or under a contract with a license holder. Staff person includes an intern,
consultant, contractor, individual who works part-time, and an individual who does not
provide direct contact services to clientsnew text begin but does have physical access to clientsnew text end. Staff
person includes a volunteer who provides treatment services to a client or a volunteer whom
the license holder regards as a staff person for the purpose of meeting staffing or service
delivery requirements. A staff person must be 18 years of age or older.

Sec. 35.

Minnesota Statutes 2021 Supplement, section 245I.03, subdivision 9, is amended
to read:

Subd. 9.

Volunteers.

deleted text beginAdeleted text endnew text begin If a license holder uses volunteers, thenew text end license holder must have
policies and procedures for using volunteers, including when deleted text beginadeleted text endnew text begin thenew text end license holder must
submit a background study for a volunteer, and the specific tasks that a volunteer may
perform.

new text begin EFFECTIVE DATE. new text end

Sec. 36.

Minnesota Statutes 2021 Supplement, section 245I.04, subdivision 4, is amended
to read:

Subd. 4.

Mental health practitioner qualifications.

(a) An individual who is qualified
in at least one of the ways described in paragraph (b) to (d) may serve as a mental health
practitioner.

(b) An individual is qualified as a mental health practitioner through relevant coursework
if the individual completes at least 30 semester hours or 45 quarter hours in behavioral
sciences or related fields and:

(1) has at least 2,000 hours of experience providing services to individuals with:

(i) a mental illness or a substance use disorder; or

(ii) a traumatic brain injury or a developmental disability, and completes the additional
training described in section 245I.05, subdivision 3, paragraph (c), before providing direct
contact services to a client;

(2) is fluent in the non-English language of the ethnic group to which at least 50 percent
of the individual's clients belong, and completes the additional training described in section
245I.05, subdivision 3, paragraph (c), before providing direct contact services to a client;

(3) is working in a day treatment program under section 256B.0671, subdivision 3, or
256B.0943; deleted text beginor
deleted text end

(4) has completed a practicum or internship that (i) required direct interaction with adult
clients or child clients, and (ii) was focused on behavioral sciences or related fieldsdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (5) is in the process of completing a practicum or internship as part of a formal
undergraduate or graduate training program in social work, psychology, or counseling.
new text end

(1) has at least 4,000 hours of experience in the delivery of services to individuals with:

(i) a mental illness or a substance use disorder; or

(2) receives treatment supervision at least once per week until meeting the requirement
in clause (1) of 4,000 hours of experience and has at least 2,000 hours of experience providing
services to individuals with:

(i) a mental illness or a substance use disorder; or

(d) An individual is qualified as a mental health practitioner if the individual has a
master's or other graduate degree in behavioral sciences or related fields.

new text begin EFFECTIVE DATE. new text end

Sec. 37.

Minnesota Statutes 2021 Supplement, section 245I.05, subdivision 3, is amended
to read:

Subd. 3.

Initial training.

(a) A staff person must receive training about:

(1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and

(2) the maltreatment of minor reporting requirements and definitions in chapter 260E
within 72 hours of first providing direct contact services to a client.

(b) Before providing direct contact services to a client, a staff person must receive training
about:

(1) client rights and protections under section 245I.12;

(2) the Minnesota Health Records Act, including client confidentiality, family engagement
under section 144.294, and client privacy;

(3) emergency procedures that the staff person must follow when responding to a fire,
inclement weather, a report of a missing person, and a behavioral or medical emergency;

(4) specific activities and job functions for which the staff person is responsible, including
the license holder's program policies and procedures applicable to the staff person's position;

(5) professional boundaries that the staff person must maintain; and

(6) specific needs of each client to whom the staff person will be providing direct contact
services, including each client's developmental status, cognitive functioning, and physical
and mental abilities.

(c) Before providing direct contact services to a client, a mental health rehabilitation
worker, mental health behavioral aide, or mental health practitioner deleted text beginqualified underdeleted text end new text beginrequired
to receive the training according tonew text end section 245I.04, subdivision 4, must receive 30 hours
of training about:

(1) mental illnesses;

(2) client recovery and resiliency;

(3) mental health de-escalation techniques;

(4) co-occurring mental illness and substance use disorders; and

(5) psychotropic medications and medication side effects.

(d) Within 90 days of first providing direct contact services to an adult client, a clinical
trainee, mental health practitioner, mental health certified peer specialist, or mental health
rehabilitation worker must receive training about:

(1) trauma-informed care and secondary trauma;

(2) person-centered individual treatment plans, including seeking partnerships with
family and other natural supports;

(3) co-occurring substance use disorders; and

(4) culturally responsive treatment practices.

(e) Within 90 days of first providing direct contact services to a child client, a clinical
trainee, mental health practitioner, mental health certified family peer specialist, mental
health certified peer specialist, or mental health behavioral aide must receive training about
the topics in clauses (1) to (5). This training must address the developmental characteristics
of each child served by the license holder and address the needs of each child in the context
of the child's family, support system, and culture. Training topics must include:

(1) trauma-informed care and secondary trauma, including adverse childhood experiences
(ACEs);

(2) family-centered treatment plan development, including seeking partnership with a
child client's family and other natural supports;

(3) mental illness and co-occurring substance use disorders in family systems;

(4) culturally responsive treatment practices; and

(5) child development, including cognitive functioning, and physical and mental abilities.

(f) For a mental health behavioral aide, the training under paragraph (e) must include
parent team training using a curriculum approved by the commissioner.

new text begin EFFECTIVE DATE. new text end

Sec. 38.

Minnesota Statutes 2021 Supplement, section 245I.08, subdivision 4, is amended
to read:

Subd. 4.

Progress notes.

A license holder must use a progress note to document each
occurrence of a mental health service that a staff person provides to a client. A progress
note must include the following:

(1) the type of service;

(2) the date of service;

(3) the start and stop time of the service unless the license holder is licensed as a
residential program;

(4) the location of the service;

(5) the scope of the service, including: (i) the targeted goal and objective; (ii) the
intervention that the staff person provided to the client and the methods that the staff person
used; (iii) the client's response to the intervention; (iv) the staff person's plan to take future
actions, including changes in treatment that the staff person will implement if the intervention
was ineffective; and (v) the service modality;

(6) the signaturedeleted text begin, printed name,deleted text end and credentials of the staff person who provided the
service to the client;

(7) the mental health provider travel documentation required by section 256B.0625, if
applicable; and

(8) significant observations by the staff person, if applicable, including: (i) the client's
current risk factors; (ii) emergency interventions by staff persons; (iii) consultations with
or referrals to other professionals, family, or significant others; and (iv) changes in the
client's mental or physical symptoms.

new text begin EFFECTIVE DATE. new text end

Sec. 39.

Minnesota Statutes 2021 Supplement, section 245I.09, subdivision 2, is amended
to read:

Subd. 2.

Record retention.

A license holder must retain client records of a discharged
client for a minimum of five years from the date of the client's discharge. A license holder
who deleted text beginceases to provide treatment services to a clientdeleted text endnew text begin closes a programnew text end must retain deleted text beginthedeleted text endnew text begin anew text end
client's records for a minimum of five years from the date that the license holder stopped
providing services to the client and must notify the commissioner of the location of the
client records and the name of the individual responsible for storing and maintaining the
client records.

new text begin EFFECTIVE DATE. new text end

Sec. 40.

Minnesota Statutes 2021 Supplement, section 245I.10, subdivision 2, is amended
to read:

Subd. 2.

Generally.

(a) A license holder must use a client's diagnostic assessment or
crisis assessment to determine a client's eligibility for mental health services, except as
provided in this section.

(b) Prior to completing a client's initial diagnostic assessment, a license holder may
provide a client with the following services:

(1) an explanation of findings;

(2) neuropsychological testing, neuropsychological assessment, and psychological
testing;

(3) any combination of psychotherapy sessions, family psychotherapy sessions, and
family psychoeducation sessions not to exceed three sessions;

(4) crisis assessment services according to section 256B.0624; and

(5) ten days of intensive residential treatment services according to the assessment and
treatment planning standards in section deleted text begin245.23deleted text endnew text begin 245I.23new text end, subdivision 7.

(c) Based on the client's needs that a crisis assessment identifies under section 256B.0624,
a license holder may provide a client with the following services:

(1) crisis intervention and stabilization services under section 245I.23 or 256B.0624;
and

(2) any combination of psychotherapy sessions, group psychotherapy sessions, family
psychotherapy sessions, and family psychoeducation sessions not to exceed ten sessions
within a 12-month period without prior authorization.

(d) Based on the client's needs in the client's brief diagnostic assessment, a license holder
may provide a client with any combination of psychotherapy sessions, group psychotherapy
sessions, family psychotherapy sessions, and family psychoeducation sessions not to exceed
ten sessions within a 12-month period without prior authorization for any new client or for
an existing client who the license holder projects will need fewer than ten sessions during
the next 12 months.

(e) Based on the client's needs that a hospital's medical history and presentation
examination identifies, a license holder may provide a client with:

(1) any combination of psychotherapy sessions, group psychotherapy sessions, family
psychotherapy sessions, and family psychoeducation sessions not to exceed ten sessions
within a 12-month period without prior authorization for any new client or for an existing
client who the license holder projects will need fewer than ten sessions during the next 12
months; and

(2) up to five days of day treatment services or partial hospitalization.

(f) A license holder must complete a new standard diagnostic assessment of a client:

(1) when the client requires services of a greater number or intensity than the services
that paragraphs (b) to (e) describe;

(2) at least annually following the client's initial diagnostic assessment if the client needs
additional mental health services and the client does not meet the criteria for a brief
assessment;

(3) when the client's mental health condition has changed markedly since the client's
most recent diagnostic assessment; or

(4) when the client's current mental health condition does not meet the criteria of the
client's current diagnosis.

(g) For an existing client, the license holder must ensure that a new standard diagnostic
assessment includes a written update containing all significant new or changed information
about the client, and an update regarding what information has not significantly changed,
including a discussion with the client about changes in the client's life situation, functioning,
presenting problems, and progress with achieving treatment goals since the client's last
diagnostic assessment was completed.

new text begin EFFECTIVE DATE. new text end

Sec. 41.

Minnesota Statutes 2021 Supplement, section 245I.10, subdivision 6, is amended
to read:

Subd. 6.

Standard diagnostic assessment; required elements.

(a) Only a mental health
professional or a clinical trainee may complete a standard diagnostic assessment of a client.
A standard diagnostic assessment of a client must include a face-to-face interview with a
client and a written evaluation of the client. The assessor must complete a client's standard
diagnostic assessment within the client's cultural context.

(b) When completing a standard diagnostic assessment of a client, the assessor must
gather and document information about the client's current life situation, including the
following information:

(1) the client's age;

(2) the client's current living situation, including the client's housing status and household
members;

(3) the status of the client's basic needs;

(4) the client's education level and employment status;

(5) the client's current medications;

(6) any immediate risks to the client's health and safety;

(7) the client's perceptions of the client's condition;

(8) the client's description of the client's symptoms, including the reason for the client's
referral;

(9) the client's history of mental health treatment; and

(10) cultural influences on the client.

(c) If the assessor cannot obtain the information that this deleted text beginsubdivisiondeleted text endnew text begin paragraphnew text end requires
without retraumatizing the client or harming the client's willingness to engage in treatment,
the assessor must identify which topics will require further assessment during the course
of the client's treatment. The assessor must gather and document information related to the
following topics:

(1) the client's relationship with the client's family and other significant personal
relationships, including the client's evaluation of the quality of each relationship;

(2) the client's strengths and resources, including the extent and quality of the client's
social networks;

(3) important developmental incidents in the client's life;

(4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;

(5) the client's history of or exposure to alcohol and drug usage and treatment; and

(6) the client's health history and the client's family health history, including the client's
physical, chemical, and mental health history.

(d) When completing a standard diagnostic assessment of a client, an assessor must use
a recognized diagnostic framework.

(1) When completing a standard diagnostic assessment of a client who is five years of
age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic
Classification of Mental Health and Development Disorders of Infancy and Early Childhood
published by Zero to Three.

(2) When completing a standard diagnostic assessment of a client who is six years of
age or older, the assessor must use the current edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric Association.

(3) When completing a standard diagnostic assessment of a client who is five years of
age or younger, an assessor must administer the Early Childhood Service Intensity Instrument
(ECSII) to the client and include the results in the client's assessment.

(4) When completing a standard diagnostic assessment of a client who is six to 17 years
of age, an assessor must administer the Child and Adolescent Service Intensity Instrument
(CASII) to the client and include the results in the client's assessment.

(5) When completing a standard diagnostic assessment of a client who is 18 years of
age or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii) the criteria
in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association to screen and assess the client for a
substance use disorder.

(e) When completing a standard diagnostic assessment of a client, the assessor must
include and document the following components of the assessment:

(1) the client's mental status examination;

(2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources;
vulnerabilities; safety needs, including client information that supports the assessor's findings
after applying a recognized diagnostic framework from paragraph (d); and any differential
diagnosis of the client;

(3) an explanation of: (i) how the assessor diagnosed the client using the information
from the client's interview, assessment, psychological testing, and collateral information
about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths;
and (v) the client's responsivity factors.

(f) When completing a standard diagnostic assessment of a client, the assessor must
consult the client and the client's family about which services that the client and the family
prefer to treat the client. The assessor must make referrals for the client as to services required
by law.

new text begin EFFECTIVE DATE. new text end

Sec. 42.

Minnesota Statutes 2021 Supplement, section 245I.20, subdivision 5, is amended
to read:

Subd. 5.

Treatment supervision specified.

(a) A mental health professional must remain
responsible for each client's case. The certification holder must document the name of the
mental health professional responsible for each case and the dates that the mental health
professional is responsible for the client's case from beginning date to end date. The
certification holder must assign each client's case for assessment, diagnosis, and treatment
services to a treatment team member who is competent in the assigned clinical service, the
recommended treatment strategy, and in treating the client's characteristics.

(b) Treatment supervision of mental health practitioners and clinical trainees required
by section 245I.06 must include case reviews as described in this paragraph. Every two
months, a mental health professional must completenew text begin and documentnew text end a case review of each
client assigned to the mental health professional when the client is receiving clinical services
from a mental health practitioner or clinical trainee. The case review must include a
consultation process that thoroughly examines the client's condition and treatment, including:
(1) a review of the client's reason for seeking treatment, diagnoses and assessments, and
the individual treatment plan; (2) a review of the appropriateness, duration, and outcome
of treatment provided to the client; and (3) treatment recommendations.

Sec. 43.

Minnesota Statutes 2021 Supplement, section 245I.23, subdivision 22, is amended
to read:

Subd. 22.

Additional policy and procedure requirements.

(a) In addition to the policies
and procedures in section 245I.03, the license holder must establish, enforce, and maintain
the policies and procedures in this subdivision.

(b) The license holder must have policies and procedures for receiving referrals and
making admissions determinations about referred persons under subdivisions deleted text begin14 to 16deleted text endnew text begin 15
to 17new text end.

(c) The license holder must have policies and procedures for discharging clients under
subdivision deleted text begin17deleted text endnew text begin 18new text end. In the policies and procedures, the license holder must identify the staff
persons who are authorized to discharge clients from the program.

new text begin EFFECTIVE DATE. new text end

Sec. 44.

new text begin [245I.40] CHILDREN'S THERAPEUTIC SERVICES AND SUPPORTS.
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) "Care consultation" means consultative activities and communications between
mental health care providers and primary care clinical care providers, families, school
support staff, and clients. Care consultation may include psychiatric consultation with
primary care practitioners and mental health clinical care consultation.
new text end

new text begin (c) "Care coordination" means the activities required to coordinate care across settings
and providers for the people served to ensure seamless transitions across the full spectrum
of health services. Care coordination includes documenting a plan of care for medical care,
behavioral health, and social services and supports in the integrated treatment plan; assisting
with obtaining appointments; confirming that clients attend appointments; developing a
crisis plan, tracking medication, and implementing care coordination agreements with
external providers. Care coordination may include psychiatric consultation with primary
care practitioners and mental health clinical care consultation.
new text end

new text begin (d) "Children's therapeutic services and supports" means the flexible package of mental
health services for children who require varying therapeutic and rehabilitative levels of
intervention to treat a diagnosed emotional disturbance, as defined in section 245.4871,
subdivision 15, or a diagnosed mental illness, as defined in section 245.462, subdivision
20. The services are time-limited interventions that are delivered using various treatment
modalities and combinations of services designed to reach treatment outcomes identified
in the individual treatment plan.
new text end

new text begin (e) "Clinical trainee" means a staff person who is qualified according to section 245I.04,
subdivision 6.
new text end

new text begin (f) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.
new text end

new text begin (g) "Culturally competent provider" means a provider who understands and can utilize
to a client's benefit the client's culture when providing services to the client. A provider
may be culturally competent because the provider is of the same cultural or ethnic group
as the client or the provider has developed the knowledge and skills through training and
experience to provide services to culturally diverse clients.
new text end

new text begin (h) "Day treatment program" for children means a site-based structured mental health
program consisting of psychotherapy for three or more individuals and individual or group
skills training provided by a team, under the treatment supervision of a mental health
professional.
new text end

new text begin (i) "Standard diagnostic assessment" means the assessment described in section 245I.10,
subdivision 6.
new text end

new text begin (j) "Direct service time" means the time that a mental health professional, clinical trainee,
mental health practitioner, or mental health behavioral aide spends face-to-face with a client
and the client's family or providing covered services through telehealth as defined under
section 256B.0625, subdivision 3b. Direct service time includes time in which the provider
obtains a client's history, develops a client's treatment plan, records individual treatment
outcomes, or provides service components of children's therapeutic services and supports.
Direct service time does not include time doing work before and after providing direct
services, including scheduling or maintaining clinical records.
new text end

new text begin (k) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15.
new text end

new text begin (l) "Individual treatment plan" means the plan described in section 245I.10, subdivisions
7 and 8.
new text end

new text begin (m) "Mental health behavioral aide services" means medically necessary one-on-one
activities performed by a mental health behavioral aide who is qualified according to section
245I.04, subdivision 16, to assist a child to retain or generalize psychosocial skills as
previously trained by a mental health professional, clinical trainee, or mental health
practitioner and as described in the child's individual treatment plan and individual behavior
plan. Activities involve working directly with the child or child's family as provided in
subdivision 8, paragraph (b), clause (4).
new text end

new text begin (n) "Mental health certified family peer specialist" means a staff person who is qualified
according to section 245I.04, subdivision 12.
new text end

new text begin (o) "Mental health practitioner" means a staff person who is qualified according to section
245I.04, subdivision 4.
new text end

new text begin (p) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.
new text end

new text begin (q) "Mental health service plan development" includes:
new text end

new text begin (1) developing and revising a child's individual treatment plan, including care consultation
and care coordination services; and
new text end

new text begin (2) administering and reporting the standardized outcome measurements in section
245I.10, subdivision 6, paragraph (d), clauses (3) and (4), and other standardized outcome
measurements approved by the commissioner, as periodically needed to evaluate the
effectiveness of treatment.
new text end

new text begin (r) For persons at least age 18 but under age 21, "mental illness" has the meaning given
in section 245.462, subdivision 20, paragraph (a).
new text end

new text begin (s) "Psychotherapy" means the treatment described in section 256B.0671, subdivision
11.
new text end

new text begin (t) "Rehabilitative services" or "psychiatric rehabilitation services" means interventions
to:
new text end

new text begin (1) restore a child or adolescent to an age-appropriate developmental trajectory that had
been disrupted by a psychiatric illness; or
new text end

new text begin (2) enable the child to self-monitor, compensate for, cope with, counteract, or replace
psychosocial skills deficits or maladaptive skills acquired over the course of a psychiatric
illness.
new text end

new text begin Psychiatric rehabilitation services for children combine coordinated psychotherapy to address
internal psychological, emotional, and intellectual processing deficits and skills training to
restore personal and social functioning. Psychiatric rehabilitation services establish a
progressive series of goals with each achievement building upon a prior achievement.
new text end

new text begin (u) "Skills training" means individual, family, or group training delivered by or under
the supervision of a mental health professional and designed to facilitate the acquisition of
psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate
developmental trajectory that was disrupted by a psychiatric illness or to enable the child
to self-monitor, compensate for, cope with, counteract, or replace skills deficits or
maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject
to the service delivery requirements under subdivision 8, paragraph (b), clause (2).
new text end

new text begin (v) "Treatment supervision" means the supervision described in section 245I.06.
new text end

new text begin Subd. 2. new text end

new text begin Covered service components of children's therapeutic services and
supports. new text end

new text begin (a) Subject to federal approval, medical assistance covers medically necessary
children's therapeutic services and supports when the services are provided by an eligible
provider entity certified under and meeting the standards in this section. The provider entity
must make reasonable and good faith efforts to report individual client outcomes to the
commissioner, using instruments and protocols approved by the commissioner.
new text end

new text begin (b) The service components of children's therapeutic services and supports are:
new text end

new text begin (1) patient psychotherapy, family psychotherapy, psychotherapy for crisis, and group
psychotherapy;
new text end

new text begin (2) individual, family, or group skills training provided by a mental health professional,
clinical trainee, or mental health practitioner;
new text end

new text begin (3) crisis planning;
new text end

new text begin (4) mental health behavioral aide services;
new text end

new text begin (5) direction of a mental health behavioral aide;
new text end

new text begin (6) mental health service plan development;
new text end

new text begin (7) children's day treatment;
new text end

new text begin (8) care coordination;
new text end

new text begin (9) care consultation;
new text end

new text begin (10) travel to and from a client's location; and
new text end

new text begin (11) individual treatment plan development.
new text end

new text begin Subd. 3. new text end

new text begin Determination of client eligibility. new text end

new text begin (a) Children's therapeutic services and
supports include development and rehabilitative services that support a child's developmental
treatment needs.
new text end

new text begin (b) A client's eligibility to receive children's therapeutic services and supports under this
section shall be determined based on a standard diagnostic assessment by a mental health
professional or a clinical trainee that is performed within one year before the initial start of
service. The standard diagnostic assessment must:
new text end

new text begin (1) determine whether a child under age 18 has a diagnosis of emotional disturbance or,
if the person is between the ages of 18 and 21, whether the person has a mental illness;
new text end

new text begin (2) document children's therapeutic services and supports as medically necessary to
address an identified disability, functional impairment, and the individual client's needs and
goals; and
new text end

new text begin (3) be used in the development of the individual treatment plan.
new text end

new text begin (c) Notwithstanding paragraph (b), a client may be determined to be eligible for day
treatment under this section based on a hospital's medical history and presentation
examination of the client.
new text end

new text begin Subd. 4. new text end

new text begin Provider entity certification. new text end

new text begin (a) The commissioner shall establish an initial
provider entity application and certification process and recertification process to determine
whether a provider entity has an administrative and clinical infrastructure that meets the
requirements in subdivisions 5 and 6. A provider entity must be certified for the three core
rehabilitation services of psychotherapy, skills training, and crisis planning. The
commissioner shall recertify a provider entity every three years, allowing up to a six-month
grace period for recertification after the certification anniversary. The commissioner may
approve a recertification extension, in the interest of sustaining services, when a certain
date for recertification is identified. The commissioner shall establish a process for
decertification of a provider entity and shall require corrective action, medical assistance
repayment, or decertification of a provider entity that no longer meets the requirements in
this section or that fails to meet the clinical quality standards or administrative standards
provided by the commissioner in the application and certification process.
new text end

new text begin (b) The commissioner must provide the following to providers for the certification,
recertification, and decertification processes:
new text end

new text begin (1) a structured listing of required provider certification criteria;
new text end

new text begin (2) a formal written letter with a determination of certification, recertification, or
decertification, signed by the commissioner or the appropriate division director; and
new text end

new text begin (3) a formal written communication outlining the process for necessary corrective action
and follow-up by the commissioner, if applicable.
new text end

new text begin (c) For purposes of this section, a provider entity must meet the standards in this section
and this chapter, as required under section 245I.011, subdivision 5, and be:
new text end

new text begin (1) an Indian health services facility or a facility owned and operated by a Tribe or Tribal
organization operating as a 638 facility under Public Law 93-638, certified by the state;
new text end

new text begin (2) a county-operated entity certified by the state; or
new text end

new text begin (3) a noncounty entity certified by the state.
new text end

new text begin Subd. 5. new text end

new text begin Provider entity clinical infrastructure requirements. new text end

new text begin (a) To be an eligible
provider entity under this section, a provider entity must have a clinical infrastructure that
utilizes diagnostic assessment, individual treatment plans, service delivery, and individual
treatment plan review that are culturally competent, child-centered, and family-driven to
achieve maximum benefit for the client. The provider entity must review, and update as
necessary, the clinical policies and procedures every three years, must distribute the policies
and procedures to staff initially and upon each subsequent update, and must train staff
accordingly.
new text end

new text begin (b) The clinical infrastructure written policies and procedures must include policies and
procedures for:
new text end

new text begin (1) providing or obtaining a client's standard diagnostic assessment. When required
components of the standard diagnostic assessment are not provided in an outside or
independent assessment or cannot be attained immediately, the provider entity must determine
the missing information within 30 days and amend the child's standard diagnostic assessment
or incorporate the information into the child's individual treatment plan;
new text end

new text begin (2) developing an individual treatment plan;
new text end

new text begin (3) providing treatment supervision plans for staff according to section 245I.06. Treatment
supervision does not include the authority to make or terminate court-ordered placements
of the child. A treatment supervisor must be available for urgent consultation as required
by the individual client's needs or the situation;
new text end

new text begin (4) requiring a mental health professional to determine the level of supervision for a
behavioral health aide, and to document and sign the supervision determination in the
behavioral health aide's supervision plan;
new text end

new text begin (5) ensuring the immediate accessibility of a mental health professional, clinical trainee,
or mental health practitioner to the behavioral aide during service delivery;
new text end

new text begin (6) providing service delivery that implements the individual treatment plan and meets
the requirements under subdivision 8; and
new text end

new text begin (7) individual treatment plan review. The review must determine the extent to which
the services have met each of the goals and objectives in the treatment plan. The review
must assess the client's progress and ensure that services and treatment goals continue to
be necessary and appropriate to the client and the client's family or foster family.
new text end

new text begin Subd. 6. new text end

new text begin Background studies. new text end

new text begin The requirements for background studies under section
245I.011, subdivision 4, paragraph (d), may be met by a children's therapeutic services and
supports services agency through the commissioner's NETStudy system as provided under
sections 245C.03, subdivision 7, and 245C.10, subdivision 8.
new text end

new text begin Subd. 7. new text end

new text begin Provider entity administrative infrastructure requirements. new text end

new text begin (a) An eligible
provider entity shall demonstrate the availability, by means of employment or contract, of
at least one backup mental health professional in the event of the primary mental health
professional's absence.
new text end

new text begin (b) In addition to the policies and procedures required under section 245I.03, the policies
and procedures must include:
new text end

new text begin (1) fiscal procedures, including internal fiscal control practices and a process for collecting
revenue that is compliant with federal and state laws; and
new text end

new text begin (2) a client-specific treatment outcomes measurement system, including baseline
measures, to measure a client's progress toward achieving mental health rehabilitation goals.
new text end

new text begin (c) A provider entity that uses a restrictive procedure with a client must meet the
requirements of section 245.8261.
new text end

new text begin Subd. 8. new text end

new text begin Qualifications of individual and team providers. new text end

new text begin (a) An individual or team
provider working within the scope of the provider's practice or qualifications may provide
service components of children's therapeutic services and supports that are identified as
medically necessary in a client's individual treatment plan.
new text end

new text begin (b) An individual provider must be qualified as a:
new text end

new text begin (1) mental health professional;
new text end

new text begin (2) clinical trainee;
new text end

new text begin (3) mental health practitioner;
new text end

new text begin (4) mental health certified family peer specialist; or
new text end

new text begin (5) mental health behavioral aide.
new text end

new text begin (c) A day treatment team must include one mental health professional or clinical trainee.
new text end

new text begin Subd. 9. new text end

new text begin Service delivery criteria. new text end

new text begin (a) In delivering services under this section, a certified
provider entity must ensure that:
new text end

new text begin (1) the provider's caseload size reasonably enables the provider to play an active role in
service planning, monitoring, and delivering services to meet the client's and client's family's
needs, as specified in each client's individual treatment plan;
new text end

new text begin (2) site-based programs, including day treatment programs, provide staffing and facilities
to ensure the client's health, safety, and protection of rights, and that the programs are able
to implement each client's individual treatment plan; and
new text end

new text begin (3) a day treatment program is provided to a group of clients by a team under the treatment
supervision of a mental health professional. The day treatment program must be provided
in and by (i) an outpatient hospital accredited by the Joint Commission on Accreditation of
Health Organizations and licensed under sections 144.50 to 144.55; (ii) a community mental
health center under section 245.62; or (iii) an entity that is certified under subdivision 4 to
operate a program that meets the requirements of section 245.4884, subdivision 2, and
Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must stabilize
the client's mental health status while developing and improving the client's independent
living and socialization skills. The goal of the day treatment program must be to reduce or
relieve the effects of mental illness and provide training to enable the client to live in the
community. The remainder of the structured treatment program may include patient, family,
and group psychotherapy and individual or group skills training, if included in the client's
individual treatment plan. Day treatment programs are not part of inpatient or residential
treatment services. When a day treatment group that meets the minimum group size
requirement temporarily falls below the minimum group size because of a member's
temporary absence, medical assistance covers a group session conducted for the group
members in attendance. A day treatment program may provide fewer than the minimally
required hours for a particular child during a billing period in which the child is transitioning
into, or out of, the program.
new text end

new text begin (b) To be eligible for medical assistance payment, a provider entity must deliver the
service components of children's therapeutic services and supports in compliance with the
following requirements:
new text end

new text begin (1) psychotherapy to address the child's underlying mental health disorder must be
documented as part of the child's ongoing treatment. A provider must deliver, or arrange
for, medically necessary psychotherapy, unless the child's parent or caregiver chooses not
to receive it or the provider determines that psychotherapy is no longer medically necessary.
When a provider determines that psychotherapy is no longer medically necessary, the
provider must update required documentation, including but not limited to the individual
treatment plan, the child's medical record, or other authorizations, to include the
determination. When a provider determines that a child needs psychotherapy but
psychotherapy cannot be delivered due to a shortage of licensed mental health professionals
in the child's community, the provider must document the lack of access in the child's
medical record;
new text end

new text begin (2) individual, family, or group skills training is subject to the following requirements:
new text end

new text begin (i) a mental health professional, clinical trainee, or mental health practitioner shall provide
skills training;
new text end

new text begin (ii) skills training delivered to a child or the child's family must be targeted to the specific
deficits or maladaptations of the child's mental health disorder and must be prescribed in
the child's individual treatment plan;
new text end

new text begin (iii) group skills training may be provided to multiple recipients who, because of the
nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from
interaction in a group setting, which must be staffed as follows:
new text end

new text begin (A) one mental health professional, clinical trainee, or mental health practitioner must
work with a group of three to eight clients; or
new text end

new text begin (B) any combination of two mental health professionals, clinical trainees, or mental
health practitioners must work with a group of nine to 12 clients;
new text end

new text begin (iv) a mental health professional, clinical trainee, or mental health practitioner must have
taught the psychosocial skill before a mental health behavioral aide may practice that skill
with the client; and
new text end

new text begin (v) for group skills training, when a skills group that meets the minimum group size
requirement temporarily falls below the minimum group size because of a group member's
temporary absence, the provider may conduct the session for the group members in
attendance;
new text end

new text begin (3) crisis planning to a child and family must include development of a written plan that
anticipates the particular factors specific to the child that may precipitate a psychiatric crisis
for the child in the near future. The written plan must document actions that the family
should be prepared to take to resolve or stabilize a crisis, such as advance arrangements for
direct intervention and support services to the child and the child's family. Crisis planning
must include preparing resources designed to address abrupt or substantial changes in the
functioning of the child or the child's family when sudden change in behavior or a loss of
usual coping mechanisms is observed or the child begins to present a danger to self or others;
new text end

new text begin (4) mental health behavioral aide services must be medically necessary treatment services
identified in the child's individual treatment plan. To be eligible for medical assistance
payment, mental health behavioral aide services must be delivered to a child who has been
diagnosed with an emotional disturbance or a mental illness, as provided in subdivision 1,
paragraph (m). The mental health behavioral aide must document the delivery of services
in written progress notes. Progress notes must reflect implementation of the treatment
strategies as performed by the mental health behavioral aide and the child's responses to
the treatment strategies; and
new text end

new text begin (5) mental health service plan development must be performed in consultation with the
child's family and, when appropriate, with other key participants in the child's life by the
child's treating mental health professional or clinical trainee or by a mental health practitioner
and approved by the treating mental health professional. Treatment plan drafting consists
of development, review, and revision by face-to-face or electronic communication. The
provider must document events, including the time spent with the family and other key
participants in the child's life to approve the individual treatment plan. Medical assistance
covers service plan development before completion of the child's individual treatment plan.
Service plan development is covered only if a treatment plan is completed for the child. If
upon review it is determined that a treatment plan was not completed for the child, the
commissioner shall recover the payment for the service plan development.
new text end

new text begin Subd. 10. new text end

new text begin Documentation and billing. new text end

new text begin (a) A provider entity must document the services
it provides under this section. The provider entity must ensure that documentation complies
with Minnesota Rules, parts 9505.2175 and 9505.2197. Services billed under this section
that are not documented according to this subdivision shall be subject to monetary recovery
by the commissioner. Billing for covered service components under subdivision 2, paragraph
(b), must not include anything other than direct service time.
new text end

new text begin (b) Required documentation must be completed for each individual provider and service
modality, for each day a child receives a service under subdivision 2, paragraph (b).
new text end

new text begin Subd. 11. new text end

new text begin Excluded services. new text end

new text begin The following services are not eligible for medical
assistance payment as children's therapeutic services and supports:
new text end

new text begin (1) service components of children's therapeutic services and supports simultaneously
provided by more than one provider entity unless prior authorization is obtained;
new text end

new text begin (2) treatment by multiple providers within the same agency at the same clock time;
new text end

new text begin (3) children's therapeutic services and supports provided in violation of medical assistance
policy in Minnesota Rules, part 9505.0220;
new text end

new text begin (4) mental health behavioral aide services provided by a personal care assistant who is
not qualified as a mental health behavioral aide and employed by a certified children's
therapeutic services and supports provider entity;
new text end

new text begin (5) service components of CTSS that are the responsibility of a residential or program
license holder, including foster care providers under the terms of a service agreement or
administrative rules governing licensure; and
new text end

new text begin (6) adjunctive activities that may be offered by a provider entity but are not otherwise
covered by medical assistance, including a service that is primarily recreation-oriented or
that is provided in a setting that is not medically supervised. This includes sports activities,
exercise groups, activities such as craft hours, leisure time, social hours, meal or snack time,
trips to community activities, and tours.
new text end

new text begin Subd. 12. new text end

new text begin Exception to excluded services. new text end

new text begin Notwithstanding subdivision 11, up to 15
hours of children's therapeutic services and supports provided within a six-month period to
a child with severe emotional disturbance who is residing in a hospital; a residential treatment
facility licensed under Minnesota Rules, parts 2960.0580 to 2960.0690; a psychiatric
residential treatment facility under section 256B.0625, subdivision 45a; a regional treatment
center; or other institutional group setting or who is participating in a program of partial
hospitalization are eligible for medical assistance payment if part of the discharge plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall not submit a state plan
amendment to implement this section until an appropriation is enacted to cover the cost of
implementing this section. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 45.

Minnesota Statutes 2021 Supplement, section 254A.03, subdivision 3, is amended
to read:

Subd. 3.

Rules for substance use disorder care.

(a) deleted text beginThe commissioner of human
services shall establish by rule criteria to be used in determining the appropriate level of
chemical dependency care for each recipient of public assistance seeking treatment for
substance misuse or substance use disorder. Upon federal approval of a comprehensive
assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding
the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end An eligible vendor of
comprehensive assessments under section 254B.05 may determine deleted text beginand approvedeleted text end the
appropriate level of substance use disorder treatment for a recipient of public assistance.
deleted text begin The process for determining an individual's financial eligibility for the behavioral health
deleted text enddeleted text begin fund or determining an individual's enrollment in or eligibility for a publicly subsidized
deleted text enddeleted text begin health plan is not affected by the individual's choice to access a comprehensive assessment
deleted text enddeleted text begin for placement.
deleted text end

(b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.

(c) If a screen result is positive for alcohol or substance misuse, a brief screening for
alcohol or substance use disorder that is provided to a recipient of public assistance within
a primary care clinic, hospital, or other medical setting or school setting establishes medical
necessity and approval for an initial set of substance use disorder services identified in
section 254B.05, subdivision 5. The initial set of services approved for a recipient whose
screen result is positive may include any combination of up to four hours of individual or
group substance use disorder treatment, two hours of substance use disorder treatment
coordination, or two hours of substance use disorder peer support services provided by a
qualified individual according to chapter 245G. A recipient must obtain an assessment
pursuant to paragraph (a) to be approved for additional treatment services. deleted text beginMinnesota Rules,
parts 9530.6600 to 9530.6655, anddeleted text end A comprehensive assessment pursuant to section 245G.05
deleted text begin are not applicabledeleted text endnew text begin is not requirednew text end tonew text begin receivenew text end the initial set of services allowed under this
subdivision. A positive screen result establishes eligibility for the initial set of services
allowed under this subdivision.

(d) deleted text beginNotwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end An individual
may choose to obtain a comprehensive assessment as provided in section 245G.05.
Individuals obtaining a comprehensive assessment may access any enrolled provider that
is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision
3deleted text begin, paragraph (d)deleted text end. If the individual is enrolled in a prepaid health plan, the individual must
comply with any provider network requirements or limitations. deleted text beginThis paragraph expires July
1, 2022.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 46.

Minnesota Statutes 2020, section 254A.19, subdivision 1, is amended to read:

Subdivision 1.

Persons arrested outside of deleted text beginhome deleted text endcounty new text beginof residencenew text end.

When a chemical
use assessment is required deleted text beginunder Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end for a
person who is arrested and taken into custody by a peace officer outside of the person's
county of residence, the deleted text beginassessment must be completed by the person's county of residence
no later than three weeks after the assessment is initially requested. If the assessment is not
performed within this time limit, the county where the person is to be sentenced shall perform
the assessmentdeleted text endnew text begin county where the person is detained must facilitate access to an assessor
qualified under subdivision 3new text end. The county of financial responsibility is determined under
chapter 256G.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 47.

Minnesota Statutes 2020, section 254A.19, subdivision 3, is amended to read:

Subd. 3.

deleted text beginFinancial conflicts of interestdeleted text endnew text begin Comprehensive assessmentsnew text end.

deleted text begin (a) Except as
provided in paragraph (b), (c), or (d), an assessor conducting a chemical use assessment
under Minnesota Rules, parts 9530.6600 to 9530.6655, may not have any direct or shared
financial interest or referral relationship resulting in shared financial gain with a treatment
provider.
deleted text end

deleted text begin (b) A county may contract with an assessor having a conflict described in paragraph (a)
if the county documents that:
deleted text end

deleted text begin (1) the assessor is employed by a culturally specific service provider or a service provider
with a program designed to treat individuals of a specific age, sex, or sexual preference;
deleted text end

deleted text begin (2) the county does not employ a sufficient number of qualified assessors and the only
qualified assessors available in the county have a direct or shared financial interest or a
referral relationship resulting in shared financial gain with a treatment provider; or
deleted text end

deleted text begin (3) the county social service agency has an existing relationship with an assessor or
service provider and elects to enter into a contract with that assessor to provide both
assessment and treatment under circumstances specified in the county's contract, provided
the county retains responsibility for making placement decisions.
deleted text end

deleted text begin (c) The county may contract with a hospital to conduct chemical assessments if the
requirements in subdivision 1a are met.
deleted text end

deleted text begin An assessor under this paragraph may not place clients in treatment. The assessor shall
gather required information and provide it to the county along with any required
documentation. The county shall make all placement decisions for clients assessed by
assessors under this paragraph.
deleted text end

deleted text begin (d)deleted text end An eligible vendor under section 254B.05 conducting a comprehensive assessment
for an individual seeking treatment shall approve the nature, intensity level, and duration
of treatment service if a need for services is indicated, but the individual assessed can access
any enrolled provider that is licensed to provide the level of service authorized, including
the provider or program that completed the assessment. If an individual is enrolled in a
prepaid health plan, the individual must comply with any provider network requirements
or limitations. new text beginAn eligible vendor of a comprehensive assessment must provide information,
in a format provided by the commissioner, on medical assistance and the behavioral health
fund to individuals seeking an assessment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 48.

Minnesota Statutes 2021 Supplement, section 254A.19, subdivision 4, is amended
to read:

Subd. 4.

Civil commitments.

deleted text beginA Rule 25 assessment, under Minnesota Rules, part
9530.6615,deleted text endnew text begin For the purposes of determining level of care, a comprehensive assessmentnew text end does
not need to be completed for an individual being committed as a chemically dependent
person, as defined in section 253B.02, and for the duration of a civil commitment under
section deleted text begin253B.065,deleted text end 253B.09deleted text begin,deleted text end or 253B.095 in order for a county to access the behavioral
health fund under section 254B.04. The county must determine if the individual meets the
financial eligibility requirements for the behavioral health fund under section 254B.04.
deleted text begin Nothing in this subdivision prohibits placement in a treatment facility or treatment program
governed under this chapter or Minnesota Rules, parts 9530.6600 to 9530.6655.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 49.

Minnesota Statutes 2020, section 254A.19, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Assessments for detoxification programs. new text end

new text begin For detoxification programs licensed
under chapter 245A according to Minnesota Rules, parts 9530.6510 to 9530.6590, a
"chemical use assessment" means a comprehensive assessment and assessment summary
completed according to section 245G.05 and a "chemical dependency assessor" or "assessor"
means an individual who meets the qualifications of section 245G.11, subdivisions 1 and
5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 50.

Minnesota Statutes 2020, section 254A.19, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Assessments for children's residential facilities. new text end

new text begin For children's residential
facilities licensed under chapter 245A according to Minnesota Rules, parts 2960.0010 to
2960.0220 and 2960.0430 to 2960.0500, a "chemical use assessment" means a comprehensive
assessment and assessment summary completed according to section 245G.05 by an
individual who meets the qualifications of section 245G.11, subdivisions 1 and 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 51.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Behavioral health fund. new text end

new text begin "Behavioral health fund" means money allocated
for payment of treatment services under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 52.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Client. new text end

new text begin "Client" means an individual who has requested substance use disorder
services, or for whom substance use disorder services have been requested.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 53.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Co-payment. new text end

new text begin "Co-payment" means the amount an insured person is obligated
to pay before the person's third-party payment source is obligated to make a payment, or
the amount an insured person is obligated to pay in addition to the amount the person's
third-party payment source is obligated to pay.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 54.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 4c. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Human Services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 55.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 4d. new text end

new text begin Drug and alcohol abuse normative evaluation system or DAANES. new text end

new text begin "Drug
and alcohol abuse normative evaluation system" or "DAANES" means the reporting system
used to collect substance use disorder treatment data across all levels of care and providers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 56.

Minnesota Statutes 2020, section 254B.01, subdivision 5, is amended to read:

Subd. 5.

Local agency.

"Local agency" means the agency designated by a board of
county commissioners, a local social services agency, or a human services board deleted text beginto make
placements and submit state invoices according to Laws 1986, chapter 394, sections 8 to
20deleted text endnew text begin authorized under section 254B.03, subdivision 1, to determine financial eligibility for
the behavioral health fundnew text end.

Sec. 57.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Minor child. new text end

new text begin "Minor child" means an individual under the age of 18 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 58.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 6b. new text end

new text begin Policy holder. new text end

new text begin "Policy holder" means a person who has a third-party payment
policy under which a third-party payment source has an obligation to pay all or part of a
client's treatment costs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 59.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Responsible relative. new text end

new text begin "Responsible relative" means a person who is a member
of the client's household and is a client's spouse or the parent of a minor child who is a
client.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 60.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Third-party payment source. new text end

new text begin "Third-party payment source" means a person,
entity, or public or private agency other than medical assistance or general assistance medical
care that has a probable obligation to pay all or part of the costs of a client's substance use
disorder treatment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 61.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Vendor. new text end

new text begin "Vendor" means a provider of substance use disorder treatment
services that meets the criteria established in section 254B.05 and that has applied to
participate as a provider in the medical assistance program according to Minnesota Rules,
part 9505.0195.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 62.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin American Society of Addiction Medicine criteria or ASAM
criteria. new text end

new text begin "American Society of Addiction Medicine criteria" or "ASAM criteria" means the
clinical guidelines for purposes of the assessment, treatment, placement, and transfer or
discharge of individuals with substance use disorders. The ASAM criteria are contained in
the current edition of the ASAM Criteria: Treatment Criteria for Addictive,
Substance-Related, and Co-Occurring Conditions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 63.

Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Skilled treatment services. new text end

new text begin "Skilled treatment services" means the "treatment
services" described by section 245G.07, subdivisions 1, paragraph (a), clauses (1) to (4);
and 2, clauses (1) to (6). Skilled treatment services must be provided by qualified
professionals as identified in section 245G.07, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 64.

Minnesota Statutes 2020, section 254B.03, subdivision 1, is amended to read:

Subdivision 1.

Local agency duties.

(a) Every local agency deleted text beginshalldeleted text endnew text begin must determine financial
eligibility for substance use disorder services andnew text end provide deleted text beginchemical dependencydeleted text endnew text begin substance
use disordernew text end services to persons residing within its jurisdiction who meet criteria established
by the commissioner deleted text beginfor placement in a chemical dependency residential or nonresidential
treatment servicedeleted text end. Chemical dependency money must be administered by the local agencies
according to law and rules adopted by the commissioner under sections 14.001 to 14.69.

(b) In order to contain costs, the commissioner of human services shall select eligible
vendors of chemical dependency services who can provide economical and appropriate
treatment. Unless the local agency is a social services department directly administered by
a county or human services board, the local agency shall not be an eligible vendor under
section 254B.05. The commissioner may approve proposals from county boards to provide
services in an economical manner or to control utilization, with safeguards to ensure that
necessary services are provided. If a county implements a demonstration or experimental
medical services funding plan, the commissioner shall transfer the money as appropriate.

deleted text begin (c) A culturally specific vendor that provides assessments under a variance under
Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to persons
not covered by the variance.
deleted text end

deleted text begin (d) Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end new text begin(c) new text endAn individual
may choose to obtain a comprehensive assessment as provided in section 245G.05.
Individuals obtaining a comprehensive assessment may access any enrolled provider that
is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision
3deleted text begin, paragraph (d)deleted text end. If the individual is enrolled in a prepaid health plan, the individual must
comply with any provider network requirements or limitations.

deleted text begin (e)deleted text endnew text begin (d)new text end Beginning July 1, 2022, local agencies shall not make placement location
determinations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 65.

Minnesota Statutes 2021 Supplement, section 254B.03, subdivision 2, is amended
to read:

Subd. 2.

Behavioral health fund payment.

(a) Payment from the behavioral health
fund is limited to payments for services identified in section 254B.05, other than
detoxification licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, and
detoxification provided in another state that would be required to be licensed as a chemical
dependency program if the program were in the state. Out of state vendors must also provide
the commissioner with assurances that the program complies substantially with state licensing
requirements and possesses all licenses and certifications required by the host state to provide
chemical dependency treatment. Vendors receiving payments from the behavioral health
fund must not require co-payment from a recipient of benefits for services provided under
this subdivision. The vendor is prohibited from using the client's public benefits to offset
the cost of services paid under this section. The vendor shall not require the client to use
public benefits for room or board costs. This includes but is not limited to cash assistance
benefits under chapters 119B, 256D, and 256J, or SNAP benefits. Retention of SNAP
benefits is a right of a client receiving services through the behavioral health fund or through
state contracted managed care entities. Payment from the behavioral health fund shall be
made for necessary room and board costs provided by vendors meeting the criteria under
section 254B.05, subdivision 1a, or in a community hospital licensed by the commissioner
of health according to sections 144.50 to 144.56 to a client who is:

(1) determined to meet the criteria for placement in a residential chemical dependency
treatment program according to rules adopted under section 254A.03, subdivision 3; and

(2) concurrently receiving a chemical dependency treatment service in a program licensed
by the commissioner and reimbursed by the behavioral health fund.

deleted text begin (b) A county may, from its own resources, provide chemical dependency services for
which state payments are not made. A county may elect to use the same invoice procedures
and obtain the same state payment services as are used for chemical dependency services
for which state payments are made under this section if county payments are made to the
state in advance of state payments to vendors. When a county uses the state system for
payment, the commissioner shall make monthly billings to the county using the most recent
available information to determine the anticipated services for which payments will be made
in the coming month. Adjustment of any overestimate or underestimate based on actual
expenditures shall be made by the state agency by adjusting the estimate for any succeeding
month.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end The commissioner shall coordinate chemical dependency services and determine
whether there is a need for any proposed expansion of chemical dependency treatment
services. The commissioner shall deny vendor certification to any provider that has not
received prior approval from the commissioner for the creation of new programs or the
expansion of existing program capacity. The commissioner shall consider the provider's
capacity to obtain clients from outside the state based on plans, agreements, and previous
utilization history, when determining the need for new treatment services.

deleted text begin (d)deleted text endnew text begin (c)new text end At least 60 days prior to submitting an application for new licensure under chapter
245G, the applicant must notify the county human services director in writing of the
applicant's intent to open a new treatment program. The written notification must include,
at a minimum:

(1) a description of the proposed treatment program; and

(2) a description of the target population to be served by the treatment program.

deleted text begin (e)deleted text endnew text begin (d)new text end The county human services director may submit a written statement to the
commissioner, within 60 days of receiving notice from the applicant, regarding the county's
support of or opposition to the opening of the new treatment program. The written statement
must include documentation of the rationale for the county's determination. The commissioner
shall consider the county's written statement when determining whether there is a need for
the treatment program as required by paragraph deleted text begin(c)deleted text endnew text begin (b)new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 66.

Minnesota Statutes 2020, section 254B.03, subdivision 5, is amended to read:

Subd. 5.

Rules; appeal.

The commissioner shall adopt rules as necessary to implement
this chapter. deleted text beginThe commissioner shall establish an appeals process for use by recipients when
services certified by the county are disputed. The commissioner shall adopt rules and
standards for the appeal process to assure adequate redress for persons referred to
inappropriate services.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 67.

Minnesota Statutes 2021 Supplement, section 254B.04, subdivision 1, is amended
to read:

Subdivision 1.

new text beginClient new text endeligibility.

(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, who meet the income standards of section 256B.056,
subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
fund services. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.

(b) Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 260E.20, subdivision 1, or
a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the
local agency to access needed treatment services. Treatment services must be appropriate
for the individual or family, which may include long-term care treatment or treatment in a
facility that allows the dependent children to stay in the treatment facility. The county shall
pay for out-of-home placement costs, if applicable.

(c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible
for room and board services under section 254B.05, subdivision 5, paragraph (b), clause
deleted text begin (12)deleted text endnew text begin (11)new text end.

new text begin (d) A client is eligible to have substance use disorder treatment paid for with funds from
the behavioral health fund if:
new text end

new text begin (1) the client is eligible for MFIP as determined under chapter 256J;
new text end

new text begin (2) the client is eligible for medical assistance as determined under Minnesota Rules,
parts 9505.0010 to 9505.0150;
new text end

new text begin (3) the client is eligible for general assistance, general assistance medical care, or work
readiness as determined under Minnesota Rules, parts 9500.1200 to 9500.1272; or
new text end

new text begin (4) the client's income is within current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7.
new text end

new text begin (e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
a third-party payment source are eligible for the behavioral health fund if the third-party
payment source pays less than 100 percent of the cost of treatment services for eligible
clients.
new text end

new text begin (f) A client is ineligible to have substance use disorder treatment services paid for by
the behavioral health fund if the client:
new text end

new text begin (1) has an income that exceeds current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7; or
new text end

new text begin (2) has an available third-party payment source that will pay the total cost of the client's
treatment.
new text end

new text begin (g) A client who is disenrolled from a state prepaid health plan during a treatment episode
is eligible for continued treatment service paid for by the behavioral health fund until the
treatment episode is completed or the client is re-enrolled in a state prepaid health plan if
the client:
new text end

new text begin (1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
medical care; or
new text end

new text begin (2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local
agency under this section.
new text end

new text begin (h) If a county commits a client under chapter 253B to a regional treatment center for
substance use disorder services and the client is ineligible for the behavioral health fund,
the county is responsible for payment to the regional treatment center according to section
254B.05, subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 68.

Minnesota Statutes 2020, section 254B.04, subdivision 2a, is amended to read:

Subd. 2a.

Eligibility for deleted text begintreatment in residential settingsdeleted text endnew text begin room and board services
for persons in outpatient substance use disorder treatmentnew text end.

deleted text beginNotwithstanding provisions
of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an assessor's discretion in
making placements to residential treatment settings,deleted text end A person eligible fornew text begin room and boardnew text end
services under deleted text beginthisdeleted text end sectionnew text begin 254B.05, subdivision 5, paragraph (b), clause (12),new text end must score
at level 4 on assessment dimensions related tonew text begin readiness to change,new text end relapse, continued use,
or recovery environment deleted text beginin orderdeleted text end to be assigned to services with a room and board component
reimbursed under this section. Whether a treatment facility has been designated an institution
for mental diseases under United States Code, title 42, section 1396d, shall not be a factor
in making placements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 69.

Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Assessment criteria and risk descriptions. new text end

new text begin (a) The level of care determination
must follow criteria approved by the commissioner.
new text end

new text begin (b) Dimension 1: the vendor must use the criteria in Dimension 1 to determine a client's
acute intoxication and withdrawal potential.
new text end

new text begin (1) "0" The client displays full functioning with good ability to tolerate and cope with
withdrawal discomfort. The client displays no signs or symptoms of intoxication or
withdrawal or diminishing signs or symptoms.
new text end

new text begin (2) "1" The client can tolerate and cope with withdrawal discomfort. The client displays
mild to moderate intoxication or signs and symptoms interfering with daily functioning but
does not immediately endanger self or others. The client poses minimal risk of severe
withdrawal.
new text end

new text begin (3) "2" The client has some difficulty tolerating and coping with withdrawal discomfort.
The client's intoxication may be severe, but the client responds to support and treatment
such that the client does not immediately endanger self or others. The client displays moderate
signs and symptoms with moderate risk of severe withdrawal.
new text end

new text begin (4) "3" The client tolerates and copes with withdrawal discomfort poorly. The client has
severe intoxication, such that the client endangers self or others, or has intoxication that has
not abated with less intensive services. The client displays severe signs and symptoms, risk
of severe but manageable withdrawal, or worsening withdrawal despite detoxification at a
less intensive level.
new text end

new text begin (5) "4" The client is incapacitated with severe signs and symptoms. The client displays
severe withdrawal and is a danger to self or others.
new text end

new text begin (c) Dimension 2: the vendor must use the criteria in Dimension 2 to determine a client's
biomedical conditions and complications.
new text end

new text begin (1) "0" The client displays full functioning with good ability to cope with physical
discomfort.
new text end

new text begin (2) "1" The client tolerates and copes with physical discomfort and is able to get the
services that the client needs.
new text end

new text begin (3) "2" The client has difficulty tolerating and coping with physical problems or has
other biomedical problems that interfere with recovery and treatment. The client neglects
or does not seek care for serious biomedical problems.
new text end

new text begin (4) "3" The client tolerates and copes poorly with physical problems or has poor general
health. The client neglects the client's medical problems without active assistance.
new text end

new text begin (5) "4" The client is unable to participate in substance use disorder treatment and has
severe medical problems, has a condition that requires immediate intervention, or is
incapacitated.
new text end

new text begin (d) Dimension 3: the vendor must use the criteria in Dimension 3 to determine a client's
emotional, behavioral, and cognitive conditions and complications.
new text end

new text begin (1) "0" The client has good impulse control and coping skills and presents no risk of
harm to self or others. The client functions in all life areas and displays no emotional,
behavioral, or cognitive problems or the problems are stable.
new text end

new text begin (2) "1" The client has impulse control and coping skills. The client presents a mild to
moderate risk of harm to self or others or displays symptoms of emotional, behavioral, or
cognitive problems. The client has a mental health diagnosis and is stable. The client
functions adequately in significant life areas.
new text end

new text begin (3) "2" The client has difficulty with impulse control and lacks coping skills. The client
has thoughts of suicide or harm to others without means; however, the thoughts may interfere
with participation in some activities. The client has difficulty functioning in significant life
areas. The client has moderate symptoms of emotional, behavioral, or cognitive problems.
The client is able to participate in most treatment activities.
new text end

new text begin (4) "3" The client has a severe lack of impulse control and coping skills. The client also
has frequent thoughts of suicide or harm to others, including a plan and the means to carry
out the plan. In addition, the client is severely impaired in significant life areas and has
severe symptoms of emotional, behavioral, or cognitive problems that interfere with the
client's participation in treatment activities.
new text end

new text begin (5) "4" The client has severe emotional or behavioral symptoms that place the client or
others at acute risk of harm. The client also has intrusive thoughts of harming self or others.
The client is unable to participate in treatment activities.
new text end

new text begin (e) Dimension 4: the vendor must use the criteria in Dimension 4 to determine a client's
readiness for change.
new text end

new text begin (1) "0" The client admits to problems and is cooperative, motivated, ready to change,
committed to change, and engaged in treatment as a responsible participant.
new text end

new text begin (2) "1" The client is motivated with active reinforcement to explore treatment and
strategies for change but ambivalent about the client's illness or need for change.
new text end

new text begin (3) "2" The client displays verbal compliance but lacks consistent behaviors, has low
motivation for change, and is passively involved in treatment.
new text end

new text begin (4) "3" The client displays inconsistent compliance, has minimal awareness of either
the client's addiction or mental disorder, and is minimally cooperative.
new text end

new text begin (5) "4" The client is:
new text end

new text begin (i) noncompliant with treatment and has no awareness of addiction or mental disorder
and does not want or is unwilling to explore change or is in total denial of the client's illness
and its implications; or
new text end

new text begin (ii) dangerously oppositional to the extent that the client is a threat of imminent harm
to self and others.
new text end

new text begin (f) Dimension 5: the vendor must use the criteria in Dimension 5 to determine a client's
relapse, continued substance use, and continued problem potential.
new text end

new text begin (1) "0" The client recognizes risk well and is able to manage potential problems.
new text end

new text begin (2) "1" The client recognizes relapse issues and prevention strategies, but displays some
vulnerability for further substance use or mental health problems.
new text end

new text begin (3) "2" The client has minimal recognition and understanding of relapse and recidivism
issues and displays moderate vulnerability for further substance use or mental health
problems. The client has some coping skills inconsistently applied.
new text end

new text begin (4) "3" The client has poor recognition and understanding of relapse and recidivism
issues and displays moderately high vulnerability for further substance use or mental health
problems. The client has few coping skills and rarely applies coping skills.
new text end

new text begin (5) "4" The client has no coping skills to arrest mental health or addiction illnesses or
to prevent relapse. The client has no recognition or understanding of relapse and recidivism
issues and displays high vulnerability for further substance use or mental health problems.
new text end

new text begin (g) Dimension 6: the vendor must use the criteria in Dimension 6 to determine a client's
recovery environment.
new text end

new text begin (1) "0" The client is engaged in structured, meaningful activity and has a supportive
significant other, family, and living environment.
new text end

new text begin (2) "1" The client has passive social network support or the client's family and significant
other are not interested in the client's recovery. The client is engaged in structured, meaningful
activity.
new text end

new text begin (3) "2" The client is engaged in structured, meaningful activity, but the client's peers,
family, significant other, and living environment are unsupportive, or there is criminal
justice system involvement by the client or among the client's peers or significant other or
in the client's living environment.
new text end

new text begin (4) "3" The client is not engaged in structured, meaningful activity and the client's peers,
family, significant other, and living environment are unsupportive, or there is significant
criminal justice system involvement.
new text end

new text begin (5) "4" The client has:
new text end

new text begin (i) a chronically antagonistic significant other, living environment, family, or peer group
or long-term criminal justice system involvement that is harmful to the client's recovery or
treatment progress; or
new text end

new text begin (ii) an actively antagonistic significant other, family, work, or living environment, with
an immediate threat to the client's safet

SF 4165

Bill Text Versions

ARTICLE 1

CHILDREN AND FAMILY SERVICES

Section 1.

new text begin Subd. 4. new text end

new text begin Funding. new text end

Sec. 2.

Subdivision 1.

Definitions.

Sec. 3.

Subd. 2.

Establishment and administration.

Sec. 4.

Subdivision 1.

Establishment.

Sec. 5.

Subd. 2.

Definitions.

Sec. 6.

Subd. 4a.

Financial coaching.

Sec. 7.

Subd. 6.

Withdrawal; matching; permissible uses.

Sec. 8.

Subd. 7.

Program reporting.

Sec. 9.

Subd. 6.

Funding.

Sec. 10.

new text begin Subd. 7. new text end

new text begin Awarding of grants. new text end

Sec. 11.

new text begin Subd. 8. new text end

new text begin Provider repair or improvement grants. new text end

Sec. 12.

new text begin Subd. 4. new text end

new text begin Account exception. new text end

Sec. 13.

Subd. 11.

Participant's completion of household report form.

Sec. 14.

Subd. 3.

Income inclusions.

Sec. 15.

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY REUNIFICATION; REASONABLE EFFORTS.

Sec. 16.

Subd. 3.

Permanency, termination of parental rights, and adoption.

Sec. 17.

Subd. 27.

Relative.

Sec. 18.

Subd. 6.

Immediate custody.

Sec. 19.

Subd. 5.

Notice to foster parents and preadoptive parents and relatives.

Sec. 20.

Subd. 2.

Notice to parent or custodiannew text begin and child; emergency placement with relativenew text end.

Sec. 21.

Subd. 2.

Reasons for detention.

Sec. 22.

Subdivision 1.

Hearing and release requirements.

Sec. 23.

Subd. 2.

Least restrictive setting.

Sec. 24.

Subd. 3.

Best interests of the child.

Sec. 25.

Subdivision 1.

Dispositions.

Sec. 26.

Subd. 2.

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

Notice to parent or custodiannew text begin and child; emergency placement with
relativenew text end.

260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
CARE FOR SIX MONTHS.

260C.221 RELATIVE SEARCHnew text begin AND ENGAGEMENT; PLACEMENT
CONSIDERATIONnew text end.

260C.513 PERMANENCY DISPOSITIONS WHEN CHILD CANNOT RETURN
HOME.

Sec. 44. new text beginDIRECTION TO COMMISSIONER; PAPERWORK REDUCTION FOR
CHILD PROTECTION CASES.
new text end