1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to corrections; requiring that the 1.3 commissioner of corrections notify affected local 1.4 governments before licensing certain foster care 1.5 facilities for delinquent children; amending Minnesota 1.6 Statutes 1994, section 241.021, subdivision 2, and by 1.7 adding a subdivision. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 1994, section 241.021, 1.10 subdivision 2, is amended to read: 1.11 Subd. 2. [FOSTER CARE FACILITIES FOR DELINQUENT CHILDREN 1.12 AND YOUTH; LICENSES; SUPERVISION.] Notwithstanding any 1.13 provisions in sections 256.01, subdivision 2, clause (2), 1.14 245A.03, and 245A.04, to the contrary, but subject to the 1.15 municipality notification requirements of subdivision 2a, the 1.16 commissioner of corrections shall review all county, municipal 1.17 or other publicly established and operated facilities for the 1.18 detention, care and training of delinquent children and youth at 1.19 least once every biennium, and if such facility conforms to 1.20 reasonable standards established by the commissioner or in the 1.21 commissioner's judgment is making satisfactory progress toward 1.22 substantial conformity therewith, and the commissioner is 1.23 satisfied that the interests and well-being of children and 1.24 youth received therein are protected, the commissioner shall 1.25 grant a license to the county, municipality or agency thereof 1.26 operating such facility. The commissioner may grant licensure 2.1 up to two years. Each such facility shall cooperate with the 2.2 commissioner to make available all facts regarding its operation 2.3 and services as the commissioner requires to determine its 2.4 conformance to standards and its competence to give the services 2.5 needed and which it purports to give. Every such facility as 2.6 herein described is subject to visitation and supervision by the 2.7 commissioner and shall receive from the commissioner 2.8 consultation as needed to strengthen services to the children 2.9 and youth received therein. 2.10 Sec. 2. Minnesota Statutes 1994, section 241.021, is 2.11 amended by adding a subdivision to read: 2.12 Subd. 2a. [NOTIFICATION OF AFFECTED MUNICIPALITY.] The 2.13 commissioner must not issue a license without giving 30 calendar 2.14 days' written notice to any affected municipality or other 2.15 political subdivision unless the facility has a licensed 2.16 capacity of six or fewer persons and is occupied by either the 2.17 licensee or the group foster home parents. The notification 2.18 must be given before the first issuance of a license and 2.19 annually after that time if annual notification is requested in 2.20 writing by any affected municipality or other political 2.21 subdivision. State funds must not be made available to or be 2.22 spent by an agency or department of state, county, or municipal 2.23 government for payment to a foster care facility licensed under 2.24 subdivision 2 until the provisions of this subdivision have been 2.25 complied with in full.