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Minnesota Legislature

Office of the Revisor of Statutes

SF 1835

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2019 04:30pm

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

Current Version - as introduced

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A bill for an act
relating to human services; modifying requirements for psychiatric residential
treatment facilities and intensive treatment in foster care; appropriating money;
amending Minnesota Statutes 2018, sections 125A.515, subdivisions 1, 3, 4, 5, 7,
8; 256B.0625, subdivision 45a; 256B.0946, subdivision 2; Laws 2017, First Special
Session chapter 6, article 8, sections 71; 72.

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

Section 1.

Minnesota Statutes 2018, section 125A.515, subdivision 1, is amended to read:


Subdivision 1.

Approval of on-site education programs.

The commissioner shall
approve on-site education programs for placement of children and youth in residential
facilities including detention centers, before being licensed by the Department of Human
Services or the Department of Corrections. Education programs in these facilities shall
conform to state and federal education laws including the Individuals with Disabilities
Education Act (IDEA). This section applies only to placements in children's residential
facilitiesnew text begin and psychiatric residential treatment facilities, as defined in section 256B.0625,
subdivision 45a,
new text end licensed by the Department of Human Services or the Department of
Corrections. For purposes of this section, "on-site education program" means the educational
services provided directly on the grounds of the children's residential facilitynew text begin or psychiatric
residential treatment facility
new text end to children and youth placed for care and treatment.

Sec. 2.

Minnesota Statutes 2018, section 125A.515, subdivision 3, is amended to read:


Subd. 3.

Responsibilities for providing education.

(a) The district in which the children's
residential facility new text beginor psychiatric residential treatment facility new text endis located must provide
education services, including special education if eligible, to all students placed in a facility.

(b) For education programs operated by the Department of Corrections, the providing
district shall be the Department of Corrections. For students remanded to the commissioner
of corrections, the providing and resident district shall be the Department of Corrections.

Sec. 3.

Minnesota Statutes 2018, section 125A.515, subdivision 4, is amended to read:


Subd. 4.

Education services required.

(a) Education services must be provided to a
student beginning within three business days after the student enters the children's residential
facilitynew text begin or psychiatric residential treatment facilitynew text end. The first four days of the student's
placement may be used to screen the student for educational and safety issues.

(b) If the student does not meet the eligibility criteria for special education, regular
education services must be provided to that student.

Sec. 4.

Minnesota Statutes 2018, section 125A.515, subdivision 5, is amended to read:


Subd. 5.

Education programs for students placed in children's residential
facilities.

(a) When a student is placed in a children's residential facilitynew text begin or psychiatric
residential treatment facility
new text end under this section that has an on-site education program, the
providing district, upon notice from the children's residential facility, must contact the
resident district within one business day to determine if a student has been identified as
having a disability, and to request at least the student's transcript, and for students with
disabilities, the most recent individualized education program (IEP) and evaluation report.
The resident district must send a facsimile copy to the providing district within two business
days of receiving the request.

(b) If a student placed under this section has been identified as having a disability and
has an individualized education program in the resident district:

(1) the providing agency must conduct an individualized education program meeting to
reach an agreement about continuing or modifying special education services in accordance
with the current individualized education program goals and objectives and to determine if
additional evaluations are necessary; and

(2) at least the following people shall receive written notice or documented phone call
to be followed with written notice to attend the individualized education program meeting:

(i) the person or agency placing the student;

(ii) the resident district;

(iii) the appropriate teachers and related services staff from the providing district;

(iv) appropriate staff from the children's residential facilitynew text begin or psychiatric residential
treatment facility
new text end;

(v) the parents or legal guardians of the student; and

(vi) when appropriate, the student.

(c) For a student who has not been identified as a student with a disability, a screening
must be conducted by the providing districts as soon as possible to determine the student's
educational and behavioral needs and must include a review of the student's educational
records.

Sec. 5.

Minnesota Statutes 2018, section 125A.515, subdivision 7, is amended to read:


Subd. 7.

Minimum educational services required.

When a student is placed in a
children's residential facility new text beginor psychiatric residential treatment facility new text endunder this section,
at a minimum, the providing district is responsible for:

(1) the education necessary, including summer school services, for a student who is not
performing at grade level as indicated in the education record or IEP; and

(2) a school day, of the same length as the school day of the providing district, unless
the unique needs of the student, as documented through the IEP or education record in
consultation with treatment providers, requires an alteration in the length of the school day.

Sec. 6.

Minnesota Statutes 2018, section 125A.515, subdivision 8, is amended to read:


Subd. 8.

Placement, services, and due process.

When a student's treatment and
educational needs allow, education shall be provided in a regular educational setting. The
determination of the amount and site of integrated services must be a joint decision between
the student's parents or legal guardians and the treatment and education staff. When
applicable, educational placement decisions must be made by the IEP team of the providing
district. Educational services shall be provided in conformance with the least restrictive
environment principle of the Individuals with Disabilities Education Act. The providing
district and children's residential facilitynew text begin or psychiatric residential treatment facilitynew text end shall
cooperatively develop discipline and behavior management procedures to be used in
emergency situations that comply with the Minnesota Pupil Fair Dismissal Act and other
relevant state and federal laws and regulations.

Sec. 7.

Minnesota Statutes 2018, section 256B.0625, subdivision 45a, is amended to read:


Subd. 45a.

Psychiatric residential treatment facility services for persons younger
than 21 years of age.

(a) Medical assistance covers psychiatric residential treatment facility
services, according to section 256B.0941, for persons younger than 21 years of age.
Individuals who reach age 21 at the time they are receiving services are eligible to continue
receiving services until they no longer require services or until they reach age 22, whichever
occurs first.

(b) For purposes of this subdivision, "psychiatric residential treatment facility" means
a facility other than a hospital that provides psychiatric services, as described in Code of
Federal Regulations, title 42, sections 441.151 to 441.182, to individuals under age 21 in
an inpatient setting.

(c) The commissioner shall deleted text beginenroll up to 150 certified psychiatric residential treatment
facility services beds at up to six sites. The commissioner shall select psychiatric residential
treatment facility services providers through a request for proposals process. Providers of
state-operated services may respond to the request for proposals.
deleted text endnew text begin invite letters of intent from
existing children's residential mental health facilities or psychiatric residential treatment
facility services providers that intend to develop increased psychiatric residential treatment
facility capacity. Each letter of intent shall describe the need for psychiatric residential
treatment facility services, specific services that would be provided, the proposed residential
capacity, and a description of the physical site of the proposed services. The commissioner
shall respond to each letter of intent within 30 days and provide technical assistance to
facilitate psychiatric residential treatment facility services development.
new text end

new text begin (d) The commissioner shall establish a request for proposals process to distribute grant
funding for start-up costs associated with the development of psychiatric residential treatment
facility services.
new text end

Sec. 8.

Minnesota Statutes 2018, section 256B.0946, subdivision 2, is amended to read:


Subd. 2.

Determination of client eligibility.

An eligible recipient is an individual, from
birth through age 20, who is currently placed in a foster home licensed under Minnesota
Rules, parts 2960.3000 to 2960.3340,new text begin or who requires intensive mental health services to
prevent placement in a residential facility or hospital,
new text end and has received a diagnostic
assessment and an evaluation of level of care needed, as defined in paragraphs (a) and (b).

(a) The diagnostic assessment must:

(1) meet criteria described in Minnesota Rules, part 9505.0372, subpart 1, and be
conducted by a mental health professional or a clinical trainee;

(2) determine whether or not a child meets the criteria for mental illness, as defined in
Minnesota Rules, part 9505.0370, subpart 20;

(3) document that intensive treatment services are medically necessary within a foster
family setting to ameliorate identified symptoms and functional impairments;

(4) be performed within 180 days before the start of service; and

(5) be completed as either a standard or extended diagnostic assessment annually to
determine continued eligibility for the service.

(b) The evaluation of level of care must be conducted by the placing county, tribe, or
case manager in conjunction with the diagnostic assessment as described by Minnesota
Rules, part 9505.0372, subpart 1, item B, using a validated tool approved by the
commissioner of human services and not subject to the rulemaking process, consistent with
section 245.4885, subdivision 1, paragraph (d), the result of which evaluation demonstrates
that the child requires intensive intervention without 24-hour medical monitoring. The
commissioner shall update the list of approved level of care tools annually and publish on
the department's website.

Sec. 9.

Laws 2017, First Special Session chapter 6, article 8, section 71, the effective date,
is amended to read:


EFFECTIVE DATE.

This section is effective for services provided on July 1, 2017,
through deleted text beginApril 30, 2019, and expires May 1, 2019deleted text endnew text begin June 30, 2021, and expires July 1, 2021new 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. 10.

Laws 2017, First Special Session chapter 6, article 8, section 72, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective for services provided on July 1, 2017,
through deleted text beginApril 30, 2019, and expires May 1, 2019deleted text endnew text begin June 30, 2021, and expires July 1, 2021new 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. new text beginAPPROPRIATION; PSYCHIATRIC RESIDENTIAL TREATMENT
FACILITY START-UP GRANTS.
new text end

new text begin $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the general
fund to the commissioner of human services for grants to providers that have previously
been approved by the commissioner of human services to provide psychiatric residential
treatment facility services to initiate additional psychiatric residential treatment facility
services or increase psychiatric residential treatment facility capacity. Grant funds may be
used for consulting services, Health Insurance Portability and Accountability Act (HIPAA)
compliance, training for staff and clients, program site renovations, administrative costs,
and therapeutic services, including evidence-based and culturally appropriate curricula.
new text end