HF 2551

1st Engrossment - 94th Legislature (2025 - 2026) Posted on 04/07/2025 04:59pm

A bill for an act
relating to children; follow-up to 2024 children, youth, and families recodification;
making technical changes; amending Minnesota Statutes 2024, sections 3.922,
subdivision 1; 13.41, subdivision 1; 13.46, subdivisions 3, 4, 9, 10; 13.598,
subdivision 10; 14.03, subdivision 3; 116L.881; 125A.15; 125A.744, subdivision
2; 127A.11; 127A.70, subdivision 2; 142A.607, subdivision 14; 142A.609,
subdivision 21; 142B.41, subdivision 9; 144.061; 144.225, subdivision 2a; 145.895;
145.901, subdivisions 2, 4; 145.9255, subdivision 1; 145.9265; 174.285, subdivision
4; 214.104; 216C.266, subdivisions 2, 3; 241.021, subdivision 2; 242.09; 242.21;
242.32, subdivision 1; 245.697, subdivisions 1, 2a; 245.814, subdivisions 1, 2, 3,
4; 245C.02, subdivisions 7, 12, 13; 245C.031, subdivision 9; 245C.033, subdivision
2; 245C.05, subdivision 7; 245C.07; 256.88; 256.89; 256.90; 256.91; 256.92;
256G.01, subdivisions 1, 3; 256G.03, subdivision 2; 256G.04, subdivision 2;
256G.09, subdivisions 2, 3, 4, 5; 256G.10; 256G.11; 256G.12, subdivision 1;
260.762, subdivision 2a; 260B.171, subdivision 4; 260E.03, subdivision 6; 260E.11,
subdivision 1; 260E.30, subdivision 4; 260E.33, subdivision 6; 261.232; 270B.14,
subdivision 1, by adding a subdivision; 299C.76, subdivision 1; 299F.011,
subdivision 4a; 402A.10, subdivisions 1a, 2, 4c; 402A.12; 402A.16, subdivisions
1, 2, 3, 4; 402A.18, subdivisions 2, 3, by adding a subdivision; 402A.35,
subdivisions 1, 4, 5; 462A.2095, subdivision 6; 466.131; 518.165, subdivision 5;
524.5-106; 524.5-118, subdivision 2; 595.02, subdivision 2; 626.5533; repealing
Minnesota Statutes 2024, sections 142A.15; 142E.50, subdivisions 2, 12; 245A.02,
subdivision 6d; 256G.02, subdivisions 3, 5; 261.003.

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

Section 1.

Minnesota Statutes 2024, section 3.922, subdivision 1, is amended to read:

Subdivision 1.

Creation, membership.

The state Indian Affairs Council is created to
consist of the following members:

(1) one member of each of the following federally recognized tribes, designated by the
elected tribal president or chairperson of the governing bodies of:

the Fond du Lac Band;

the Grand Portage Band;

the Mille Lacs Band;

the White Earth Band;

the Bois Forte (Nett Lake) Band;

the Leech Lake Band;

the Red Lake Nation;

the Upper Sioux Community;

the Lower Sioux Community;

the Shakopee Mdewakanton Sioux Community;

the Prairie Island Mdewakanton Dakota Community;

(2) a member of the governor's official staff designated by the governor;

the commissioner of education;

the commissioner of human services;

the commissioner of natural resources;

the commissioner of human rights;

the commissioner of employment and economic development;

the commissioner of corrections;

the commissioner of the Minnesota Housing Finance Agency;

the commissioner of Iron Range resources and rehabilitation;

the commissioner of health;

the commissioner of transportation;

the commissioner of veterans affairs;

the commissioner of administration;

new text begin the commissioner of children, youth, and families;
new text end

Each of the commissioners listed in this clause may designate a staff member to serve
on the council instead of the commissioner;

(3) two members of the house of representatives, appointed by the speaker; and

(4) two members of the senate, appointed by its Subcommittee on Committees.

Members appointed to represent the house of representatives or the senate shall no longer
serve on the council when they are no longer members of the bodies which they represent
and their offices shall be vacant. A member who is a designee of a tribal president or
chairperson shall cease to be a member at the end of the term of the designating tribal
president or chairperson. Only members of the council designated under clause (1) shall
vote.

Sec. 2.

Minnesota Statutes 2024, section 13.41, subdivision 1, is amended to read:

Subdivision 1.

Definition.

As used in this section "licensing agency" means any board,
department or agency of this state which is given the statutory authority to issue professional
or other types of licenses, except the various agencies primarily administered by the
commissioner of human services new text begin or the commissioner of children, youth, and families new text end . Data
pertaining to persons or agencies licensed or registered under authority of the commissioner
of human services new text begin or the commissioner of children, youth, and families new text end shall be administered
pursuant to section 13.46.

Sec. 3.

Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read:

Subd. 3.

Investigative data.

(a) Data on persons, including data on vendors of services,
licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
system in an investigation, authorized by statute, and relating to the enforcement of rules
or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
shall not be disclosed except:

(1) pursuant to section 13.05;

(2) pursuant to statute or valid court order;

(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense;

(4) to an agent of the welfare system or an investigator acting on behalf of a county,
state, or federal government, including a law enforcement officer or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding, unless the
commissioner of human services or new text begin the new text end commissioner of children, youth, and families
determines that disclosure may compromise a Department of Human Services or Department
of Children, Youth, and Families ongoing investigation; or

(5) to provide notices required or permitted by statute.

The data referred to in this subdivision shall be classified as public data upon submission
to an administrative law judge or court in an administrative or judicial proceeding. Inactive
welfare investigative data shall be treated as provided in section 13.39, subdivision 3.

(b) Notwithstanding any other provision in law, the commissioner of human services new text begin or
the commissioner of children, youth, and families new text end shall provide all active and inactive
investigative data, including the name of the reporter of alleged maltreatment under section
626.557 or chapter 260E, to the ombudsman for mental health and developmental disabilities
upon the request of the ombudsman.

(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
by the commissioner of human services new text begin or the commissioner of children, youth, and families new text end
of possible overpayments of public funds to a service provider or recipient may be disclosed
if the commissioner determines that it will not compromise the investigation.

Sec. 4.

Minnesota Statutes 2024, section 13.46, subdivision 4, is amended to read:

Subd. 4.

Licensing data.

(a) As used in this subdivision:

(1) "licensing data" are all data collected, maintained, used, or disseminated by the
welfare system pertaining to persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under the authority of the
commissioner of human services new text begin or the commissioner of children, youth, and families new text end ;

(2) "client" means a person who is receiving services from a licensee or from an applicant
for licensure; and

(3) "personal and personal financial data" are Social Security numbers, identity of and
letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.

(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license
holders, certification holders, and former licensees are public: name, address, telephone
number of licensees, email addresses except for family child foster care, date of receipt of
a completed application, dates of licensure, licensed capacity, type of client preferred,
variances granted, record of training and education in child care and child development,
type of dwelling, name and relationship of other family members, previous license history,
class of license, the existence and status of complaints, and the number of serious injuries
to or deaths of individuals in the licensed program as reported to the commissioner of human
services; the commissioner of children, youth, and families; the local social services agency;
or any other county welfare agency. For purposes of this clause, a serious injury is one that
is treated by a physician.

(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,
an order of license suspension, an order of temporary immediate suspension, an order of
license revocation, an order of license denial, or an order of conditional license has been
issued, or a complaint is resolved, the following data on current and former licensees and
applicants are public: the general nature of the complaint or allegations leading to the
temporary immediate suspension; the substance and investigative findings of the licensing
or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence
of settlement negotiations; the record of informal resolution of a licensing violation; orders
of hearing; findings of fact; conclusions of law; specifications of the final correction order,
fine, suspension, temporary immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; whether a fine has been paid; and the status of
any appeal of these actions.

(iii) When a license denial under section 142A.15 or 245A.05 or a sanction under section
142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling
individual is responsible for maltreatment under section 626.557 or chapter 260E, the identity
of the applicant, license holder, or controlling individual as the individual responsible for
maltreatment is public data at the time of the issuance of the license denial or sanction.

(iv) When a license denial under section 142A.15 or 245A.05 or a sanction under section
142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling
individual is disqualified under chapter 245C, the identity of the license holder, applicant,
or controlling individual as the disqualified individual is public data at the time of the
issuance of the licensing sanction or denial. If the applicant, license holder, or controlling
individual requests reconsideration of the disqualification and the disqualification is affirmed,
the reason for the disqualification and the reason to not set aside the disqualification are
private data.

(v) A correction order or fine issued to a child care provider for a licensing violation is
private data on individuals under section 13.02, subdivision 12, or nonpublic data under
section 13.02, subdivision 9, if the correction order or fine is seven years old or older.

(2) For applicants who withdraw their application prior to licensure or denial of a license,
the following data are public: the name of the applicant, the city and county in which the
applicant was seeking licensure, the dates of the commissioner's receipt of the initial
application and completed application, the type of license sought, and the date of withdrawal
of the application.

(3) For applicants who are denied a license, the following data are public: the name and
address of the applicant, the city and county in which the applicant was seeking licensure,
the dates of the commissioner's receipt of the initial application and completed application,
the type of license sought, the date of denial of the application, the nature of the basis for
the denial, the existence of settlement negotiations, the record of informal resolution of a
denial, orders of hearings, findings of fact, conclusions of law, specifications of the final
order of denial, and the status of any appeal of the denial.

(4) When maltreatment is substantiated under section 626.557 or chapter 260E and the
victim and the substantiated perpetrator are affiliated with a program licensed under chapter
142B or 245A; the commissioner of human services; commissioner of children, youth, and
families; local social services agency; or county welfare agency may inform the license
holder where the maltreatment occurred of the identity of the substantiated perpetrator and
the victim.

(5) Notwithstanding clause (1), for child foster care, only the name of the license holder
and the status of the license are public if the county attorney has requested that data otherwise
classified as public data under clause (1) be considered private data based on the best interests
of a child in placement in a licensed program.

(c) The following are private data on individuals under section 13.02, subdivision 12,
or nonpublic data under section 13.02, subdivision 9: personal and personal financial data
on family day care program and family foster care program applicants and licensees and
their family members who provide services under the license.

(d) The following are private data on individuals: the identity of persons who have made
reports concerning licensees or applicants that appear in inactive investigative data, and the
records of clients or employees of the licensee or applicant for licensure whose records are
received by the licensing agency for purposes of review or in anticipation of a contested
matter. The names of reporters of complaints or alleged violations of licensing standards
under chapters 142B, 245A, 245B, 245C, and 245D, and applicable rules and alleged
maltreatment under section 626.557 and chapter 260E, are confidential data and may be
disclosed only as provided in section 260E.21, subdivision 4; 260E.35; or 626.557,
subdivision 12b.

(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this
subdivision become public data if submitted to a court or administrative law judge as part
of a disciplinary proceeding in which there is a public hearing concerning a license which
has been suspended, immediately suspended, revoked, or denied.

(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.

(g) Data that are not public data collected, maintained, used, or disseminated under this
subdivision that relate to or are derived from a report as defined in section 260E.03, or
626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35,
subdivision 6, and 626.557, subdivision 12b.

(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.557 or chapter 260E may be exchanged with the Department of
Health for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant to
section 241.021.

(i) Data on individuals collected according to licensing activities under chapters 142B,
245A, and 245C deleted text begin , deleted text end new text begin and new text end data on individuals collected by the commissioner of human services new text begin
or the commissioner of children, youth, and families new text end according to investigations under
section 626.557 and chapters 142B, 245A, 245B, 245C, 245D, and 260E may be shared
with the Department of Human Rights, the Department of Health, the Department of
Corrections, the ombudsman for mental health and developmental disabilities, and the
individual's professional regulatory board new text begin and between the commissioners of human services
and children, youth, and families new text end when there is reason to believe that laws or standards
under the jurisdiction of those agencies may have been violated or the information may
otherwise be relevant to the board's regulatory jurisdiction. Background study data on an
individual who is the subject of a background study under chapter 245C for a licensed
service for which the commissioner of human services or children, youth, and families is
the license holder may be shared with the commissioner and the commissioner's delegate
by the licensing division. Unless otherwise specified in this chapter, the identity of a reporter
of alleged maltreatment or licensing violations may not be disclosed.

(j) In addition to the notice of determinations required under sections 260E.24,
subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the
commissioner of new text begin human services; commissioner of new text end children, youth, and families new text begin ; new text end or the
local social services agency has determined that an individual is a substantiated perpetrator
of maltreatment of a child based on sexual abuse, as defined in section 260E.03, and the
commissioner new text begin of human services; commissioner of children, youth, and families; new text end or local
social services agency knows that the individual is a person responsible for a child's care
in another facility, the commissioner new text begin of human services; commissioner of children, youth,
and families; new text end or local social services agency shall notify the head of that facility of this
determination. The notification must include an explanation of the individual's available
appeal rights and the status of any appeal. If a notice is given under this paragraph, the
government entity making the notification shall provide a copy of the notice to the individual
who is the subject of the notice.

(k) All not public data collected, maintained, used, or disseminated under this subdivision
and subdivision 3 may be exchanged between the Department of Human Services, Licensing
Division, and the Department of Corrections for purposes of regulating services for which
the Department of Human Services and the Department of Corrections have regulatory
authority.

Sec. 5.

Minnesota Statutes 2024, section 13.46, subdivision 9, is amended to read:

Subd. 9.

Fraud.

In cases of suspected fraud, in which access to mental health data
maintained by public or private community mental health centers or mental health divisions
of counties and other providers under contract to deliver mental health services is necessary
to a proper investigation, the county board or the appropriate prosecutorial authority shall
refer the matter to the commissioner of human services new text begin or the commissioner of children,
youth, and families new text end . The commissioner and agents of the commissioner, while maintaining
the privacy rights of individuals and families, shall have access to mental health data to
conduct an investigation. Upon deeming it appropriate as a result of the investigation, the
commissioner shall refer the matter to the appropriate legal authorities and may disseminate
to those authorities whatever mental health data are necessary to properly prosecute the
case.

Sec. 6.

Minnesota Statutes 2024, section 13.46, subdivision 10, is amended to read:

Subd. 10.

Responsible authority.

(a) Notwithstanding any other provision of this chapter
to the contrary, the responsible authority for each component of the welfare system listed
in subdivision 1, clause (c), shall be as follows:

(1) the responsible authority for the Department of Human Services is the commissioner
of human services;

(2) the responsible authority of a county welfare agency is the director of the county
welfare agency;

(3) the responsible authority for a local social services agency, human services board,
or community mental health center board is the chair of the board;

(4) the responsible authority of any person, agency, institution, organization, or other
entity under contract to any of the components of the welfare system listed in subdivision
1, clause (c), is the person specified in the contract;

(5) the responsible authority of the public authority for child support enforcement is the
head of the public authority for child support enforcement;

(6) the responsible authority for county veteran services is the county veterans service
officer pursuant to section 197.603, subdivision 2; deleted text begin and
deleted text end

(7) the responsible authority for Direct Care and Treatment is the chief executive officer
of Direct Care and Treatment deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) the responsible authority for the Department of Children, Youth, and Families is the
commissioner of the Department of Children, Youth, and Families.
new text end

(b) A responsible authority shall allow another responsible authority in the welfare
system access to data classified as not public data when access is necessary for the
administration and management of programs, or as authorized or required by statute or
federal law.

Sec. 7.

Minnesota Statutes 2024, section 13.598, subdivision 10, is amended to read:

Subd. 10.

Employment and training programs; data sharing.

Data sharing of
employment and training program data between the commissioner of employment and
economic development deleted text begin , deleted text end new text begin ; new text end the commissioner of human services deleted text begin , deleted text end new text begin ; the commissioner of children,
youth, and families; new text end state agency personnel deleted text begin , deleted text end new text begin ; new text end and other users of the inventory, referral and
intake system deleted text begin , deleted text end is governed by section 116L.86, subdivision 3.

Sec. 8.

Minnesota Statutes 2024, section 14.03, subdivision 3, is amended to read:

Subd. 3.

Rulemaking procedures.

(a) The definition of a rule in section 14.02,
subdivision 4, does not include:

(1) rules concerning only the internal management of the agency or other agencies that
do not directly affect the rights of or procedures available to the public;

(2) an application deadline on a form; and the remainder of a form and instructions for
use of the form to the extent that they do not impose substantive requirements other than
requirements contained in statute or rule;

(3) the curriculum adopted by an agency to implement a statute or rule permitting or
mandating minimum educational requirements for persons regulated by an agency, provided
the topic areas to be covered by the minimum educational requirements are specified in
statute or rule;

(4) procedures for sharing data among government agencies, provided these procedures
are consistent with chapter 13 and other law governing data practices.

(b) The definition of a rule in section 14.02, subdivision 4, does not include:

(1) rules of the commissioner of corrections relating to the release, placement, term, and
supervision of inmates serving a supervised release or conditional release term, the internal
management of institutions under the commissioner's control, and rules adopted under
section 609.105 governing the inmates of those institutions;

(2) rules relating to weight limitations on the use of highways when the substance of the
rules is indicated to the public by means of signs;

(3) opinions of the attorney general;

(4) the data element dictionary and the annual data acquisition calendar of the Department
of Education to the extent provided by section 125B.07;

(5) the occupational safety and health standards provided in section 182.655;

(6) revenue notices and tax information bulletins of the commissioner of revenue;

(7) uniform conveyancing forms adopted by the commissioner of commerce under
section 507.09;

(8) standards adopted by the Electronic Real Estate Recording Commission established
under section 507.0945; deleted text begin or
deleted text end

(9) the interpretive guidelines developed by the commissioner of human services to the
extent provided in chapter 245A deleted text begin . deleted text end new text begin ; or
new text end

new text begin (10) the interpretive guidelines developed by the commissioner of children, youth, and
families to the extent provided in chapter 142B.
new text end

Sec. 9.

Minnesota Statutes 2024, section 116L.881, is amended to read:

116L.881 INDIAN TRIBE PLANS.

(a) The commissioner, in consultation with the deleted text begin commissioner deleted text end new text begin commissioners new text end of human
services new text begin and children, youth, and families new text end , shall review and comment on Indian tribe plans
submitted to the commissioner for provision of employment and training services. Beginning
April 15, 1991, and by April 15 of each second year thereafter, the Indian tribe shall prepare
and submit to the commissioner a plan that covers the next two state fiscal years. Beginning
April 15, 1992, and by April 15 of each second year thereafter, the Indian tribe shall prepare
and submit to the commissioner an interim year plan update that deals with performance
during the past state fiscal year and that covers changes anticipated for the second year of
the biennium. The commissioner shall notify the Indian tribe of approval or disapproval of
the plans and updates for existing programs within 60 days of submission.

(b) A plan for a new tribal program must be submitted at least 45 days before the program
is to commence. The commissioner shall approve or disapprove the plan for new programs
within 30 days of receipt.

(c) The tribal plan and update must contain information that has been established by the
commissioner and the deleted text begin commissioner deleted text end new text begin commissioners new text end of human services new text begin and children, youth,
and families new text end for the tribal employment and training service program.

(d) The commissioner may recommend to the deleted text begin commissioner deleted text end new text begin commissioners new text end of human
services new text begin and children, youth, and families new text end withholding the distribution of employment and
training money from a tribe whose plan or update is disapproved by the commissioner or a
tribe that does not submit a plan or update by the date established in this section.

Sec. 10.

Minnesota Statutes 2024, section 125A.15, is amended to read:

125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.

The responsibility for special instruction and services for a child with a disability
temporarily placed in another district for care and treatment shall be determined in the
following manner:

(a) The district of residence of a child shall be the district in which the child's parent
resides, if living, or the child's guardian. If there is a dispute between school districts
regarding residency, the district of residence is the district designated by the commissioner.

(b) If a district other than the resident district places a pupil for care and treatment, the
district placing the pupil must notify and give the resident district an opportunity to participate
in the placement decision. When an immediate emergency placement of a pupil is necessary
and time constraints foreclose a resident district from participating in the emergency
placement decision, the district in which the pupil is temporarily placed must notify the
resident district of the emergency placement within 15 days. The resident district has up to
five business days after receiving notice of the emergency placement to request an
opportunity to participate in the placement decision, which the placing district must then
provide.

(c) When a child is temporarily placed for care and treatment in a day program located
in another district and the child continues to live within the district of residence during the
care and treatment, the district of residence is responsible for providing transportation to
and from the care and treatment program and an appropriate educational program for the
child. The resident district may establish reasonable restrictions on transportation, except
if a Minnesota court or agency orders the child placed at a day care and treatment program
and the resident district receives a copy of the order, then the resident district must provide
transportation to and from the program unless the court or agency orders otherwise.
Transportation shall only be provided by the resident district during regular operating hours
of the resident district. The resident district may provide the educational program at a school
within the district of residence, at the child's residence, or in the district in which the day
treatment center is located by paying tuition to that district. If a child's district of residence,
district of open enrollment under section 124D.03, or charter school of enrollment under
section 124E.11 is authorized to provide online learning instruction under state statutes, the
child's district of residence may utilize that online learning program in fulfilling its
educational program responsibility under this section if the child, or the child's parent or
guardian for a pupil under the age of 18, agrees to that form of instruction.

(d) When a child is temporarily placed in a residential program for care and treatment,
the nonresident district in which the child is placed is responsible for providing an appropriate
educational program for the child and necessary transportation while the child is attending
the educational program; and must bill the district of the child's residence for the actual cost
of providing the program, as outlined in section 125A.11, except as provided in paragraph
(e). However, the board, lodging, and treatment costs incurred in behalf of a child with a
disability placed outside of the school district of residence by the commissioner of human
services new text begin ; the commissioner of children, youth, and families; new text end or the commissioner of
corrections or their agents deleted text begin , deleted text end for reasons other than providing for the child's special educational
needs must not become the responsibility of either the district providing the instruction or
the district of the child's residence. For the purposes of this section, the state correctional
facilities operated on a fee-for-service basis are considered to be residential programs for
care and treatment. If a child's district of residence, district of open enrollment under section
124D.03, or charter school of enrollment under section 124E.11 is authorized to provide
online learning instruction under state statutes, the nonresident district may utilize that
online learning program in fulfilling its educational program responsibility under this section
if the child, or the child's parent or guardian for a pupil under the age of 18, agrees to that
form of instruction.

(e) A privately owned and operated residential facility may enter into a contract to obtain
appropriate educational programs for special education children and services with a joint
powers entity. The entity with which the private facility contracts for special education
services shall be the district responsible for providing students placed in that facility an
appropriate educational program in place of the district in which the facility is located. If a
privately owned and operated residential facility does not enter into a contract under this
paragraph, then paragraph (d) applies.

(f) The district of residence shall pay tuition and other program costs, not including
transportation costs, to the district providing the instruction and services. The district of
residence may claim general education aid for the child as provided by law. Transportation
costs must be paid by the district responsible for providing the transportation and the state
must pay transportation aid to that district.

Sec. 11.

Minnesota Statutes 2024, section 125A.744, subdivision 2, is amended to read:

Subd. 2.

Statewide data management system.

The commissioner of education, in
cooperation with the deleted text begin commissioner deleted text end new text begin commissioners new text end of human services new text begin and children, youth,
and families new text end , shall develop a statewide data management system using the educational data
reporting system or other existing data management system for school districts and
cooperative units to use to maximize medical assistance reimbursement for health and
health-related services provided under individualized education programs and individual
family service plans. The system must be appropriately integrated with state and local
existing and developing human services and education data systems. The statewide data
management system must enable school district and cooperative unit staff to:

(1) establish medical assistance billing systems or improve existing systems;

(2) understand the appropriate medical assistance billing codes for services provided
under individualized education programs and individual family service plans;

(3) comply with the Individuals with Disabilities Education Act, Public Law 105-17;

(4) contract with billing agents; and

(5) carry out other activities necessary to maximize medical assistance reimbursement.

Sec. 12.

Minnesota Statutes 2024, section 127A.11, is amended to read:

127A.11 MONITOR MEDICAL ASSISTANCE SERVICES FOR DISABLED
STUDENTS.

The commissioner of education, in cooperation with the deleted text begin commissioner deleted text end new text begin commissioners new text end
of human services new text begin and children, youth, and families new text end , shall monitor the costs of health-related,
special education services provided by public schools.

Sec. 13.

Minnesota Statutes 2024, section 127A.70, subdivision 2, is amended to read:

Subd. 2.

Powers and duties; report.

(a) The partnership shall develop recommendations
to the governor and the legislature designed to maximize the achievement of all P-20 students
while promoting the efficient use of state resources, thereby helping the state realize the
maximum value for its investment. These recommendations may include, but are not limited
to, strategies, policies, or other actions focused on:

(1) improving the quality of and access to education at all points from preschool through
graduate education;

(2) improving preparation for, and transitions to, postsecondary education and work;

(3) ensuring educator quality by creating rigorous standards for teacher recruitment,
teacher preparation, induction and mentoring of beginning teachers, and continuous
professional development for career teachers; and

(4) realigning the governance and administrative structures of early education,
kindergarten through grade 12, and postsecondary systems in Minnesota.

(b) Under the direction of the P-20 Education Partnership Statewide Longitudinal
Education Data System Governance Committee, the Office of Higher Education and the
Departments of Education new text begin ; Children, Youth, and Families; new text end and Employment and Economic
Development shall improve and expand the Statewide Longitudinal Education Data System
(SLEDS) and the Early Childhood Longitudinal Data System (ECLDS) to provide
policymakers, education and workforce leaders, researchers, and members of the public
with data, research, and reports to:

(1) expand reporting on students' educational outcomes for diverse student populations
including at-risk students, children with disabilities, English learners, and gifted students,
among others, and include formative and summative evaluations based on multiple measures
of child well-being, early childhood development, and student progress toward career and
college readiness;

(2) evaluate the effectiveness of early care, educational, and workforce programs; and

(3) evaluate the relationships among early care, education, and workforce outcomes,
consistent with section 124D.49.

To the extent possible under federal and state law, research and reports should be
accessible to the public on the Internet, and disaggregated by demographic characteristics,
organization or organization characteristics, and geography.

It is the intent of the legislature that the Statewide Longitudinal Education Data System
and the Early Childhood Longitudinal Data System inform public policy and
decision-making. The SLEDS governance committee and ECLDS governance committee,
with assistance from staff of the Office of Higher Education deleted text begin , deleted text end new text begin ; new text end the Department of Education deleted text begin , deleted text end new text begin ;
the Department of Children, Youth, and Families; new text end and the Department of Employment and
Economic Development, shall respond to legislative committee and agency requests on
topics utilizing data made available through the Statewide Longitudinal Education Data
System and the Early Childhood Longitudinal Data System as resources permit. Any analysis
of or report on the data must contain only summary data.

(c) By January 15 of each year, the partnership shall submit a report to the governor and
to the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over P-20 education policy and finance that summarizes the partnership's progress
in meeting its goals and identifies the need for any draft legislation when necessary to further
the goals of the partnership to maximize student achievement while promoting efficient use
of resources.

Sec. 14.

Minnesota Statutes 2024, section 142A.607, subdivision 14, is amended to read:

Subd. 14.

Notice for caregiver.

(a) The agency as defined in subdivision 7 or 12 that
is responsible for completing the initial assessment or reassessment must provide the child's
caregiver with written notice of the initial assessment or reassessment.

(b) Initial assessment notices must be sent within 15 days of completion of the initial
assessment and must minimally include the following:

(1) a summary of the child's completed individual assessment used to determine the
initial rating;

(2) statement of rating and benefit level;

(3) statement of the circumstances under which the agency must reassess the child;

(4) procedure to seek reassessment;

(5) notice that the caregiver has the right to a fair hearing review of the assessment and
how to request a fair hearing, consistent with deleted text begin section deleted text end new text begin sections 142A.20 and new text end 256.045,
subdivision 3; and

(6) the name, telephone number, and email, if available, of a contact person at the agency
completing the assessment.

(c) Reassessment notices must be sent within 15 days after the completion of the
reassessment and must minimally include the following:

(1) a summary of the child's individual assessment used to determine the new rating;

(2) any change in rating and its effective date;

(3) procedure to seek reassessment;

(4) notice that if a change in rating results in a reduction of benefits, the caregiver has
the right to a fair hearing review of the assessment and how to request a fair hearing
consistent with deleted text begin section deleted text end new text begin sections 142A.20 and new text end 256.045, subdivision 3;

(5) notice that a caregiver who requests a fair hearing of the reassessed rating within ten
days may continue at the current rate pending the hearing, but the agency may recover any
overpayment; and

(6) name, telephone number, and email, if available, of a contact person at the agency
completing the reassessment.

(d) Notice is not required for special assessments since the notice is part of the Northstar
kinship assistance or adoption assistance negotiated agreement completed according to
section 142A.608.

Sec. 15.

Minnesota Statutes 2024, section 142A.609, subdivision 21, is amended to read:

Subd. 21.

Termination notice for caregiver or youth.

The agency that issues the
maintenance payment shall provide the child's caregiver or the youth with written notice of
termination of payment. Termination notices must be sent at least 15 days before the final
payment or, in the case of an unplanned termination, the notice is sent within three days of
the end of the payment. The written notice must minimally include the following:

(1) the date payment will end;

(2) the reason payments will end and the event that is the basis to terminate payment;

(3) a statement that the caregiver or youth has a right to a fair hearing review by the
department consistent with deleted text begin section deleted text end new text begin sections 142A.20 and new text end 256.045, subdivision 3;

(4) the procedure to request a fair hearing; and

(5) the name, telephone number, and email address of a contact person at the agency.

Sec. 16.

Minnesota Statutes 2024, section 142B.41, subdivision 9, is amended to read:

Subd. 9.

Swimming pools; family day care and group family day care providers.

(a)
This subdivision governs swimming pools located at family day care or group family day
care homes licensed under Minnesota Rules, chapter 9502. This subdivision does not apply
to portable wading pools or whirlpools located at family day care or group family day care
homes licensed under Minnesota Rules, chapter 9502. For a provider to be eligible to allow
a child cared for at the family day care or group family day care home to use the swimming
pool located at the home, the provider must not have had a licensing sanction under section
142B.18 new text begin or 245A.07 new text end or a correction order or conditional license under section 142B.16 new text begin or
245A.06 new text end relating to the supervision or health and safety of children during the prior 24
months, and must satisfy the following requirements:

(1) notify the county agency before initial use of the swimming pool and annually,
thereafter;

(2) obtain written consent from a child's parent or legal guardian allowing the child to
use the swimming pool and renew the parent or legal guardian's written consent at least
annually. The written consent must include a statement that the parent or legal guardian has
received and read materials provided by the Department of Health to the Department of
Children, Youth, and Families for distribution to all family day care or group family day
care homes and the general public on the human services Internet website related to the risk
of disease transmission as well as other health risks associated with swimming pools. The
written consent must also include a statement that the Department of Health, Department
of Children, Youth, and Families, and county agency will not monitor or inspect the provider's
swimming pool to ensure compliance with the requirements in this subdivision;

(3) enter into a written contract with a child's parent or legal guardian and renew the
written contract annually. The terms of the written contract must specify that the provider
agrees to perform all of the requirements in this subdivision;

(4) attend and successfully complete a swimming pool operator training course once
every five years. Acceptable training courses are:

(i) the National Swimming Pool Foundation Certified Pool Operator course;

(ii) the National Spa and Pool Institute Tech I and Tech II courses (both required); or

(iii) the National Recreation and Park Association Aquatic Facility Operator course;

(5) require a caregiver trained in first aid and adult and child cardiopulmonary
resuscitation to supervise and be present at the swimming pool with any children in the
pool;

(6) toilet all potty-trained children before they enter the swimming pool;

(7) require all children who are not potty-trained to wear swim diapers while in the
swimming pool;

(8) if fecal material enters the swimming pool water, add three times the normal shock
treatment to the pool water to raise the chlorine level to at least 20 parts per million, and
close the pool to swimming for the 24 hours following the entrance of fecal material into
the water or until the water pH and disinfectant concentration levels have returned to the
standards specified in clause (10), whichever is later;

(9) prevent any person from entering the swimming pool who has an open wound or
any person who has or is suspected of having a communicable disease;

(10) maintain the swimming pool water at a pH of not less than 7.2 and not more than
8.0, maintain the disinfectant concentration between two and five parts per million for
chlorine or between 2.3 and 4.5 parts per million for bromine, and maintain a daily record
of the swimming pool's operation with pH and disinfectant concentration readings on days
when children cared for at the family day care or group family day care home are present;

(11) have a disinfectant feeder or feeders;

(12) have a recirculation system that will clarify and disinfect the swimming pool volume
of water in ten hours or less;

(13) maintain the swimming pool's water clarity so that an object on the pool floor at
the pool's deepest point is easily visible;

(14) comply with the provisions of the Abigail Taylor Pool Safety Act in section
144.1222, subdivisions 1c and 1d;

(15) have in place and enforce written safety rules and swimming pool policies;

(16) have in place at all times a safety rope that divides the shallow and deep portions
of the swimming pool;

(17) satisfy any existing local ordinances regarding swimming pool installation, decks,
and fencing;

(18) maintain a water temperature of not more than 104 degrees Fahrenheit and not less
than 70 degrees Fahrenheit; and

(19) for lifesaving equipment, have a United States Coast Guard-approved life ring
attached to a rope, an exit ladder, and a shepherd's hook available at all times to the caregiver
supervising the swimming pool.

The requirements of clauses (5), (16), and (18) only apply at times when children cared
for at the family day care or group family day care home are present.

(b) A violation of paragraph (a), clauses (1) to (3), is grounds for a sanction under section
142B.18 or a correction order or conditional license under section 142B.16.

(c) If a provider under this subdivision receives a licensing sanction under section
142B.18 new text begin or 245A.07 new text end or a correction order or a conditional license under section 142B.16 new text begin
or 245A.06 new text end relating to the supervision or health and safety of children, the provider is
prohibited from allowing a child cared for at the family day care or group family day care
home to continue to use the swimming pool located at the home.

Sec. 17.

Minnesota Statutes 2024, section 144.061, is amended to read:

144.061 EARLY DENTAL PREVENTION INITIATIVE.

(a) The commissioner of health, in collaboration with the deleted text begin commissioner deleted text end new text begin commissioners new text end
of human services new text begin and children, youth, and families new text end , shall implement a statewide initiative
to increase awareness among communities of color and recent immigrants on the importance
of early preventive dental intervention for infants and toddlers before and after primary
teeth appear.

(b) The commissioner shall develop educational materials and information for expectant
and new parents within the targeted communities that include the importance of early dental
care to prevent early cavities, including proper cleaning techniques and feeding habits,
before and after primary teeth appear.

(c) The commissioner shall develop a distribution plan to ensure that the materials are
distributed to expectant and new parents within the targeted communities, including, but
not limited to, making the materials available to health care providers, community clinics,
WIC sites, and other relevant sites within the targeted communities.

(d) In developing these materials and distribution plan, the commissioner shall work
collaboratively with members of the targeted communities, dental providers, pediatricians,
child care providers, and home visiting nurses.

(e) The commissioner shall, with input from stakeholders listed in paragraph (d), develop
and pilot incentives to encourage early dental care within one year of an infant's teeth
erupting.

Sec. 18.

Minnesota Statutes 2024, section 144.225, subdivision 2a, is amended to read:

Subd. 2a.

Health data associated with birth registration.

new text begin (a) new text end Information from which
an identification of risk for disease, disability, or developmental delay in a mother or child
can be made, that is collected in conjunction with birth registration or fetal death reporting,
is private data as defined in section 13.02, subdivision 12.

new text begin (b) new text end The commissioner may disclose to a tribal health department or community health
board, as defined in section 145A.02, subdivision 5, health data associated with birth
registration which identifies a mother or child at high risk for serious disease, disability, or
developmental delay in order to assure access to appropriate health, social, or educational
services.

new text begin (c) new text end Notwithstanding the designation of the private data, the commissioner of human
services shall have access to health data associated with birth registration for:

(1) purposes of administering medical assistance and the MinnesotaCare program; and

(2) for other public health purposes as determined by the commissioner of health.

new text begin (d) Notwithstanding the designation of the private data, the commissioner of children,
youth, and families shall have access to health data associated with birth registration for
other public health purposes as determined by the commissioner of health.
new text end

Sec. 19.

Minnesota Statutes 2024, section 145.895, is amended to read:

145.895 DEPARTMENT OF HUMAN SERVICES.

The commissioner of human services shall cooperate with the deleted text begin commissioner deleted text end new text begin
commissioners new text end of health new text begin and children, youth, and families new text end in identifying eligible individuals.
The commissioner of human services shall provide a procedure for the notification of
pregnant or lactating women, infants and children receiving any form of public assistance
of eligibility for benefits under this program.

Sec. 20.

Minnesota Statutes 2024, section 145.901, subdivision 2, is amended to read:

Subd. 2.

Access to data.

(a) The commissioner of health has access to medical data as
defined in section 13.384, subdivision 1, paragraph (b), medical examiner data as defined
in section 13.83, subdivision 1, and health records created, maintained, or stored by providers
as defined in section 144.291, subdivision 2, paragraph (c), without the consent of the subject
of the data, and without the consent of the parent, spouse, other guardian, or legal
representative of the subject of the data, when the subject of the data is a woman who died
during a pregnancy or within 12 months of a fetal death, a live birth, or other termination
of a pregnancy.

The commissioner has access only to medical data and health records related to deaths
that occur on or after July 1, 2000, including the names of the providers, clinics, or other
health services such as family home visiting programs; the women, infants, and children
(WIC) program; prescription monitoring programs; and behavioral health services, where
care was received before, during, or related to the pregnancy or death. The commissioner
has access to records maintained by a medical examiner, a coroner, or hospitals or to hospital
discharge data, for the purpose of providing the name and location of any pre-pregnancy,
prenatal, or other care received by the subject of the data up to one year after the end of the
pregnancy.

(b) The provider or responsible authority that creates, maintains, or stores the data shall
furnish the data upon the request of the commissioner. The provider or responsible authority
may charge a fee for providing the data, not to exceed the actual cost of retrieving and
duplicating the data.

(c) The commissioner shall make a good faith reasonable effort to notify the parent,
spouse, other guardian, or legal representative of the subject of the data before collecting
data on the subject. For purposes of this paragraph, "reasonable effort" means one notice
is sent by certified mail to the last known address of the parent, spouse, guardian, or legal
representative informing the recipient of the data collection and offering a public health
nurse support visit if desired.

(d) The commissioner does not have access to coroner or medical examiner data that
are part of an active investigation as described in section 13.83.

(e) The commissioner may request and receive from a coroner or medical examiner the
name of the health care provider that provided prenatal, postpartum, or other health services
to the subject of the data.

(f) The commissioner may access Department of Human Services new text begin and Department of
Children, Youth, and Families new text end data to identify sources of care and services to assist with
the evaluation of welfare systems, including housing, to reduce preventable maternal deaths.

(g) The commissioner may request and receive law enforcement reports or incident
reports related to the subject of the data.

Sec. 21.

Minnesota Statutes 2024, section 145.901, subdivision 4, is amended to read:

Subd. 4.

Classification of data.

(a) Data provided to the commissioner from source
records under subdivision 2, including identifying information on individual providers, data
subjects, or their children, and data derived by the commissioner under subdivision 3 for
the purpose of carrying out maternal death studies, are classified as confidential data on
individuals or confidential data on decedents, as defined in sections 13.02, subdivision 3,
and 13.10, subdivision 1, paragraph (a).

(b) Information classified under paragraph (a) shall not be subject to discovery or
introduction into evidence in any administrative, civil, or criminal proceeding. Such
information otherwise available from an original source shall not be immune from discovery
or barred from introduction into evidence merely because it was utilized by the commissioner
in carrying out maternal death studies.

(c) Summary data on maternal death studies created by the commissioner, which does
not identify individual data subjects or individual providers, shall be public in accordance
with section 13.05, subdivision 7.

(d) Data provided by the commissioner of human services new text begin or the commissioner of
children, youth, and families new text end to the commissioner of health under this section retain the
same classification the data held when retained by the commissioner of human services new text begin or
the commissioner of children, youth, and families new text end , as required under section 13.03,
subdivision 4, paragraph (c).

Sec. 22.

Minnesota Statutes 2024, section 145.9255, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

To the extent funds are available for the purposes of this
subdivision, the commissioner of health, in consultation with a representative from Minnesota
planning deleted text begin , deleted text end new text begin ; new text end the commissioner of human services deleted text begin , deleted text end new text begin ; the commissioner of children, youth, and
families; new text end and the commissioner of education, shall develop and implement the Minnesota
education now and babies later (MN ENABL) program, targeted to adolescents ages 12 to
14, with the goal of reducing the incidence of adolescent pregnancy in the state and promoting
abstinence until marriage. The program must provide a multifaceted, primary prevention,
community health promotion approach to educating and supporting adolescents in the
decision to postpone sexual involvement modeled after the ENABL program in California.
The commissioner of health shall consult with the chief of the health education section of
the California Department of Health Services for general guidance in developing and
implementing the program.

Sec. 23.

Minnesota Statutes 2024, section 145.9265, is amended to read:

145.9265 FETAL ALCOHOL SYNDROME EFFECTS; DRUG-EXPOSED
INFANT.

The commissioner of health, in coordination with the commissioner of education new text begin ; the
commissioner of children, youth, and families; new text end and the commissioner of human services,
shall design and implement a coordinated prevention effort to reduce the rates of fetal alcohol
syndrome and fetal alcohol effects, and reduce the number of drug-exposed infants. The
commissioner shall:

(1) conduct research to determine the most effective methods of preventing fetal alcohol
syndrome, fetal alcohol effects, and drug-exposed infants and to determine the best methods
for collecting information on the incidence and prevalence of these problems in Minnesota;

(2) provide training on effective prevention methods to health care professionals and
human services workers; and

(3) operate a statewide media campaign focused on reducing the incidence of fetal
alcohol syndrome and fetal alcohol effects deleted text begin , deleted text end and reducing the number of drug-exposed infants.

Sec. 24.

Minnesota Statutes 2024, section 174.285, subdivision 4, is amended to read:

Subd. 4.

Membership.

(a) The council is composed of the following deleted text begin 13 deleted text end new text begin 14 new text end members:

(1) one representative from the Office of the Governor;

(2) one representative from the Council on Disability;

(3) one representative from the Minnesota Public Transit Association;

(4) the commissioner of transportation or a designee;

(5) the commissioner of human services or a designee;

(6) the commissioner of health or a designee;

(7) the chair of the Metropolitan Council or a designee;

(8) the commissioner of education or a designee;

(9) the commissioner of veterans affairs or a designee;

(10) one representative from the Board on Aging;

(11) the commissioner of employment and economic development or a designee;

(12) the commissioner of commerce or a designee; deleted text begin and
deleted text end

(13) the commissioner of management and budget or a designee deleted text begin . deleted text end new text begin ; and
new text end

new text begin (14) the commissioner of children, youth, and families or a designee.
new text end

(b) All appointments required by paragraph (a) must be completed by August 1, 2010.

(c) The commissioner of transportation or a designee shall convene the first meeting of
the council within two weeks after the members have been appointed to the council. The
members shall elect a chair from their membership at the first meeting.

(d) The Department of Transportation and the Department of Human Services shall
provide necessary staff support for the council.

Sec. 25.

Minnesota Statutes 2024, section 214.104, is amended to read:

214.104 HEALTH-RELATED LICENSING BOARDS; SUBSTANTIATED
MALTREATMENT.

(a) A health-related licensing board shall make determinations as to whether regulated
persons who are under the board's jurisdiction should be the subject of disciplinary or
corrective action because of substantiated maltreatment under section 626.557 or chapter
260E. The board shall make a determination upon receipt, and after the review, of an
investigation memorandum or other notice of substantiated maltreatment under section
626.557 deleted text begin , deleted text end new text begin or new text end chapter 260E deleted text begin , deleted text end or of a notice from the commissioner of human services new text begin or the
commissioner of children, youth, and families new text end that a background study of a regulated person
shows substantiated maltreatment.

(b) Upon completion of its review of a report of substantiated maltreatment, the board
shall notify the deleted text begin commissioner deleted text end new text begin commissioners new text end of human services new text begin and children, youth, and
families new text end of its determination. The board shall notify the commissioner of human services
if, following a review of the report of substantiated maltreatment, the board determines that
it does not have jurisdiction in the matter and the commissioner shall make the appropriate
disqualification decision regarding the regulated person as otherwise provided in chapter
245C. The board shall also notify the commissioner of health deleted text begin or deleted text end new text begin ; new text end the commissioner of human
services new text begin ; or the commissioner of children, youth, and families new text end immediately upon receipt of
knowledge of a facility or program allowing a regulated person to provide direct contact
services at the facility or program while not complying with requirements placed on the
regulated person.

(c) In addition to any other remedy provided by law, the board may, through its designated
board member, temporarily suspend the license of a licensee; deny a credential to an
applicant; or require the regulated person to be continuously supervised, if the board finds
there is probable cause to believe the regulated person referred to the board according to
paragraph (a) poses an immediate risk of harm to vulnerable persons. The board shall
consider all relevant information available, which may include but is not limited to:

(1) the extent the action is needed to protect persons receiving services or the public;

(2) the recency of the maltreatment;

(3) the number of incidents of maltreatment;

(4) the intrusiveness or violence of the maltreatment; and

(5) the vulnerability of the victim of maltreatment.

The action shall take effect upon written notice to the regulated person, served by certified
mail, specifying the statute violated. The board shall notify the commissioner of health deleted text begin or deleted text end new text begin ; new text end
the commissioner of human services new text begin ; or the commissioner of children, youth, and families new text end
of the suspension or denial of a credential. The action shall remain in effect until the board
issues a temporary stay or a final order in the matter after a hearing or upon agreement
between the board and the regulated person. At the time the board issues the notice, the
regulated person shall inform the board of all settings in which the regulated person is
employed or practices. The board shall inform all known employment and practice settings
of the board action and schedule a disciplinary hearing to be held under chapter 14. The
board shall provide the regulated person with at least 30 days' notice of the hearing, unless
the parties agree to a hearing date that provides less than 30 days' notice, and shall schedule
the hearing to begin no later than 90 days after issuance of the notice of hearing.

Sec. 26.

Minnesota Statutes 2024, section 216C.266, subdivision 2, is amended to read:

Subd. 2.

Sharing energy assistance program data.

The commissioner may disseminate
to the deleted text begin commissioner deleted text end new text begin commissioners new text end of human services new text begin and children, youth, and families new text end
the name, telephone number, and last four digits of the Social Security number of any
individual who applies on behalf of a household for benefits or services provided by the
energy assistance program if the household is determined to be eligible for the energy
assistance program.

Sec. 27.

Minnesota Statutes 2024, section 216C.266, subdivision 3, is amended to read:

Subd. 3.

Use of shared data.

Data disseminated to the deleted text begin commissioner deleted text end new text begin commissioners new text end of
human services new text begin and children, youth, and families new text end under subdivision 2 may be disclosed to
a person other than the subject of the data only for the purpose of determining a household's
eligibility for the telephone assistance program pursuant to section 13.46, subdivision 2,
clause (23).

Sec. 28.

Minnesota Statutes 2024, section 241.021, subdivision 2, is amended to read:

Subd. 2.

Facilities for delinquent children and youth; licenses;
supervision.

Notwithstanding any provisions in sections 256.01, subdivision 2, paragraph
(a), clause (2) deleted text begin , deleted text end new text begin ; 142B.05; 142B.10; new text end 245A.03 deleted text begin , deleted text end new text begin ; new text end and 245A.04 deleted text begin , deleted text end and chapter 245C deleted text begin , deleted text end to the contrary,
but subject to the municipality notification requirements of subdivision 2a, the commissioner
of corrections shall review all county, municipal new text begin , new text end or other publicly established and operated
facilities for the detention, care and training of delinquent children and youth at least once
every biennium, and if such facility conforms to reasonable standards established by the
commissioner or in the commissioner's judgment is making satisfactory progress toward
substantial conformity therewith, and the commissioner is satisfied that the interests and
well-being of children and youth received therein are protected, the commissioner shall
grant a license to the county, municipality or agency thereof operating such facility. The
commissioner may grant licensure up to two years. Each such facility shall cooperate with
the commissioner to make available all facts regarding its operation and services as the
commissioner requires to determine its conformance to standards and its competence to
give the services needed and which it purports to give. Every such facility as herein described
is subject to visitation and supervision by the commissioner and shall receive from the
commissioner consultation as needed to strengthen services to the children and youth received
therein.

Sec. 29.

Minnesota Statutes 2024, section 242.09, is amended to read:

242.09 COOPERATION; OTHER AGENCIES.

The commissioner of human services deleted text begin , deleted text end new text begin ; new text end the commissioner of education deleted text begin , deleted text end new text begin ; the commissioner
of children, youth, and families; new text end and the deleted text begin state deleted text end commissioner of health shall advise, cooperate
with and assist the commissioner of corrections in carrying out the duties and responsibilities
assigned by this chapter, and for these purposes may attend meetings. Their facilities and
services and those of other state agencies, particularly of the Department of Human Services new text begin
and Department of Children, Youth, and Families new text end , shall be made available to the
commissioner of corrections upon the terms the governor directs.

Sec. 30.

Minnesota Statutes 2024, section 242.21, is amended to read:

242.21 COOPERATION; STATE INSTITUTIONS, LOCAL POLICE OFFICERS.

The commissioner of corrections may enter into agreement with the Direct Care and
Treatment executive board deleted text begin , with deleted text end new text begin ; the commissioner of children, youth, and families; the
commissioner of human services; new text end local probation officers or other public officials new text begin ; new text end and deleted text begin with deleted text end
public or private agencies, schools new text begin , new text end or institutions deleted text begin , deleted text end for custody, separate care, special
treatment, training, or diagnostic services of persons committed to the care or subject to the
control of the commissioner of corrections. The commissioner of corrections may pay any
costs incurred by such agreements to the extent that funds for such purposes are made
available to the commissioner by the legislature.

Sec. 31.

Minnesota Statutes 2024, section 242.32, subdivision 1, is amended to read:

Subdivision 1.

Community-based programming.

The commissioner of corrections
shall be charged with the duty of developing constructive programs for the prevention and
decrease of delinquency and crime among youth. To that end, the commissioner shall
cooperate with counties and existing agencies to encourage the establishment of new
programming, both local and statewide, to provide a continuum of services for serious and
repeat juvenile offenders who do not require secure placement. The commissioner shall
work jointly with the commissioner of human services new text begin ; the commissioner of children, youth,
and families; new text end and counties and municipalities to develop and provide community-based
services for residential placement of juvenile offenders and community-based services for
nonresidential programming for juvenile offenders and their families.

Notwithstanding any law to the contrary, the commissioner of corrections is authorized
to contract with counties placing juveniles in the serious/chronic program at the Minnesota
Correctional Facility-Red Wing to provide necessary extended community transition
programming. Funds resulting from the contracts shall be deposited in the state treasury
and are appropriated to the commissioner for juvenile correctional purposes.

Sec. 32.

Minnesota Statutes 2024, section 245.697, subdivision 1, is amended to read:

Subdivision 1.

Creation.

(a) A State Advisory Council on Mental Health is created. The
council must have members appointed by the governor in accordance with federal
requirements. In making the appointments, the governor shall consider appropriate
representation of communities of color. The council must be composed of:

(1) the assistant commissioner of the Department of Human Services who oversees
behavioral health policy;

(2) a representative of the Department of Human Services responsible for the medical
assistance program;

(3) a representative of Direct Care and Treatment;

(4) a representative of the Department of Health;

new text begin (5) a representative of the Department of Children, Youth, and Families;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end one member of each of the following professions:

(i) psychiatry;

(ii) psychology;

(iii) social work;

(iv) nursing;

(v) marriage and family therapy; and

(vi) professional clinical counseling;

deleted text begin (6) deleted text end new text begin (7) new text end one representative from each of the following advocacy groups: Mental Health
Association of Minnesota, NAMI-MN, Minnesota Disability Law Center, American Indian
Mental Health Advisory Council, and a consumer-run mental health advocacy group;

deleted text begin (7) deleted text end new text begin (8) new text end providers of mental health services;

deleted text begin (8) deleted text end new text begin (9) new text end consumers of mental health services;

deleted text begin (9) deleted text end new text begin (10) new text end family members of persons with mental illnesses;

deleted text begin (10) deleted text end new text begin (11) new text end legislators;

deleted text begin (11) deleted text end new text begin (12) new text end social service agency directors;

deleted text begin (12) deleted text end new text begin (13) new text end county commissioners; and

deleted text begin (13) deleted text end new text begin (14) new text end other members reflecting a broad range of community interests, including
family physicians, or members as the United States Secretary of Health and Human Services
may prescribe by regulation or as may be selected by the governor.

(b) The council shall select a chair. Terms, compensation, and removal of members and
filling of vacancies are governed by section 15.059. Notwithstanding provisions of section
15.059, the council and its subcommittee on children's mental health do not expire. The
commissioner of human services shall provide staff support and supplies to the council.

Sec. 33.

Minnesota Statutes 2024, section 245.697, subdivision 2a, is amended to read:

Subd. 2a.

Subcommittee on Children's Mental Health.

The State Advisory Council
on Mental Health (the "advisory council") must have a Subcommittee on Children's Mental
Health. The subcommittee must make recommendations to the advisory council on policies,
laws, regulations, and services relating to children's mental health. Members of the
subcommittee must include:

(1) the commissioners or designees of the commissioners of the Departments of Human
Services deleted text begin , deleted text end new text begin ; Children, Youth, and Families; new text end Health deleted text begin , deleted text end new text begin ; new text end Education deleted text begin , deleted text end new text begin ; new text end State Planning deleted text begin , deleted text end new text begin ; new text end and
Corrections;

(2) a designee of the Direct Care and Treatment executive board;

(3) the commissioner of commerce or a designee of the commissioner who is
knowledgeable about medical insurance issues;

(4) at least one representative of an advocacy group for children with emotional
disturbances;

(5) providers of children's mental health services, including at least one provider of
services to preadolescent children, one provider of services to adolescents, and one
hospital-based provider;

(6) parents of children who have emotional disturbances;

(7) a present or former consumer of adolescent mental health services;

(8) educators currently working with emotionally disturbed children;

(9) people knowledgeable about the needs of emotionally disturbed children of minority
races and cultures;

(10) people experienced in working with emotionally disturbed children who have
committed status offenses;

(11) members of the advisory council;

(12) one person from the local corrections department and one representative of the
Minnesota District Judges Association Juvenile Committee; and

(13) county commissioners and social services agency representatives.

The chair of the advisory council shall appoint subcommittee members described in
clauses (4) to (12) through the process established in section 15.0597. The chair shall appoint
members to ensure a geographical balance on the subcommittee. Terms, compensation,
removal, and filling of vacancies are governed by subdivision 1, except that terms of
subcommittee members who are also members of the advisory council are coterminous with
their terms on the advisory council. The subcommittee shall meet at the call of the
subcommittee chair who is elected by the subcommittee from among its members. The
subcommittee expires with the expiration of the advisory council.

Sec. 34.

Minnesota Statutes 2024, section 245.814, subdivision 1, is amended to read:

Subdivision 1.

Insurance for foster home providers.

new text begin (a) new text end The commissioner of human
services new text begin or the commissioner of children, youth, and families new text end shall within the appropriation
provided purchase and provide insurance to individuals licensed as foster home providers
to cover their liability for:

(1) injuries or property damage caused or sustained by persons in foster care in their
home; and

(2) actions arising out of alienation of affections sustained by the birth parents of a foster
child or birth parents or children of a foster adult.

new text begin (b) Each commissioner shall provide insurance for the providers the commissioner
licenses.
new text end

new text begin (c) new text end For purposes of this subdivision, insurance for homes licensed to provide adult foster
care shall be limited to family adult foster care homes as defined in section 245A.02,
subdivision 6f, and family adult day services licensed under section 245A.143.

Sec. 35.

Minnesota Statutes 2024, section 245.814, subdivision 2, is amended to read:

Subd. 2.

Application of coverage.

Coverage shall apply to all foster homes licensed by
the Department of Human Services new text begin or the Department of Children, Youth, and Families new text end ,
licensed by a federally recognized tribal government, or established by the juvenile court
and certified by the commissioner of corrections pursuant to section 260B.198, subdivision
1, paragraph (a), clause (3), item (v), to the extent that the liability is not covered by the
provisions of the standard homeowner's or automobile insurance policy. The insurance shall
not cover property owned by the individual foster home provider, damage caused
intentionally by a person over 12 years of age, or property damage arising out of business
pursuits or the operation of any vehicle, machinery, or equipment.

Sec. 36.

Minnesota Statutes 2024, section 245.814, subdivision 3, is amended to read:

Subd. 3.

Compensation provisions.

If the commissioner of human services new text begin or the
commissioner of children, youth, and families new text end is unable to obtain insurance through ordinary
methods for coverage of foster home providers, the appropriation shall be returned to the
general fund and the state shall pay claims subject to the following limitations.

(a) Compensation shall be provided only for injuries, damage, or actions set forth in
subdivision 1.

(b) Compensation shall be subject to the conditions and exclusions set forth in subdivision
2.

(c) The state shall provide compensation for bodily injury, property damage, or personal
injury resulting from the foster home providers activities as a foster home provider while
the foster child or adult is in the care, custody, and control of the foster home provider in
an amount not to exceed $250,000 for each occurrence.

(d) The state shall provide compensation for damage or destruction of property caused
or sustained by a foster child or adult in an amount not to exceed $250 for each occurrence.

(e) The compensation in paragraphs (c) and (d) is the total obligation for all damages
because of each occurrence regardless of the number of claims made in connection with
the same occurrence, but compensation applies separately to each foster home. The state
shall have no other responsibility to provide compensation for any injury or loss caused or
sustained by any foster home provider or foster child or foster adult.

This coverage is extended as a benefit to foster home providers to encourage care of
persons who need out-of-home care. Nothing in this section shall be construed to mean that
foster home providers are agents or employees of the state nor does the state accept any
responsibility for the selection, monitoring, supervision, or control of foster home providers
which is exclusively the responsibility of the counties which shall regulate foster home
providers in the manner set forth in the rules of the deleted text begin commissioner deleted text end new text begin commissioners new text end of human
services new text begin and children, youth, and families new text end .

Sec. 37.

Minnesota Statutes 2024, section 245.814, subdivision 4, is amended to read:

Subd. 4.

Liability insurance; risk pool.

If the commissioner new text begin that licenses a program new text end
determines that appropriate commercial liability insurance coverage is not available for a
licensed foster home, group home, developmental achievement center, or day care provider,
and that coverage available through the joint underwriting authority of the commissioner
of commerce or other public entity is not appropriate for the provider or a class of providers,
the commissioner of human services new text begin ; the commissioner of children, youth, and families; new text end
and the commissioner of commerce may jointly establish a risk pool to provide coverage
for licensed providers out of premiums or fees paid by providers. The commissioners may
set limits on coverage, establish premiums or fees, determine the proportionate share of
each provider to be collected in a premium or fee based on the provider's claim experience
and other factors the commissioners consider appropriate, establish eligibility and application
requirements for coverage, and take other action necessary to accomplish the purposes of
this subdivision. A human services risk pool fund is created for the purposes of this
subdivision. Fees and premiums collected from providers for risk pool coverage are
appropriated to the risk pool fund. Interest earned from the investment of money in the fund
must be credited to the fund and money in the fund is appropriated to the deleted text begin commissioner deleted text end new text begin
commissioners new text end of human services new text begin and children, youth, and families in proportion to the
amounts insured by each commissioner new text end to pay administrative costs and covered claims for
participating providers. In the event that money in the fund is insufficient to pay outstanding
claims and associated administrative costs, the deleted text begin commissioner deleted text end new text begin commissioners new text end of human
services new text begin and children, youth, and families new text end may assess providers participating in the risk pool
amounts sufficient to pay the costs. The deleted text begin commissioner deleted text end new text begin commissioners new text end of human services new text begin
and children, youth, and families new text end may not assess a provider an amount exceeding one year's
premiums collected from that provider.

Sec. 38.

Minnesota Statutes 2024, section 245C.02, subdivision 7, is amended to read:

Subd. 7.

Commissioner.

"Commissioner" deleted text begin has the meaning given in section 245A.02,
subdivision 5 deleted text end new text begin means the commissioner of human services new text end .

Sec. 39.

Minnesota Statutes 2024, section 245C.02, subdivision 12, is amended to read:

Subd. 12.

License.

"License" deleted text begin has the meaning given in section 245A.02, subdivision 8 deleted text end new text begin
means a certificate issued by the commissioner of human services; children, youth, and
families; corrections; or health authorizing the license holder to provide a specified program
for a specified period of time and in accordance with the terms of the license and the rules
of the commissioner issuing the license new text end .

Sec. 40.

Minnesota Statutes 2024, section 245C.02, subdivision 13, is amended to read:

Subd. 13.

License holder.

"License holder" deleted text begin has the meaning given in section 245A.02,
subdivision 9 deleted text end new text begin means an individual, organization, or government entity that is legally
responsible for the operation of the program or service and has been granted a license by
the commissioner of human services; children, youth, and families; corrections; or health new text end .

Sec. 41.

Minnesota Statutes 2024, section 245C.031, subdivision 9, is amended to read:

Subd. 9.

Guardians ad litem; required checks.

(a) An alternative background study
for a guardian ad litem under subdivision 8 must include:

(1) criminal history data from the Bureau of Criminal Apprehension and other criminal
history data obtained by the commissioner of human services; and

(2) data regarding whether the person has been a perpetrator of substantiated maltreatment
of a minor or a vulnerable adult. If the study subject has been determined by the Department
of Human Services new text begin ; the Department of Children, Youth, and Families; new text end or the Department
of Health to be the perpetrator of substantiated maltreatment of a minor or a vulnerable
adult in a licensed facility, the response must include a copy of the public portion of the
investigation memorandum under section 260E.30 or the public portion of the investigation
memorandum under section 626.557, subdivision 12b. When the background study shows
that the subject has been determined by a county adult protection or child protection agency
to have been responsible for maltreatment, the court shall be informed of the county, the
date of the finding, and the nature of the maltreatment that was substantiated.

(b) For checks of records under paragraph (a), clauses (1) and (2), the commissioner
shall provide the records within 15 working days of receiving the request. The information
obtained under sections 245C.05 and 245C.08 from a national criminal history records
check shall be provided within three working days of the commissioner's receipt of the data.

(c) Notwithstanding section 260E.30 or 626.557, subdivision 12b, if the commissioner
or county lead agency or lead investigative agency has information that a person of whom
a background study was previously completed under this section has been determined to
be a perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the
county may provide this information to the court that requested the background study.

Sec. 42.

Minnesota Statutes 2024, section 245C.033, subdivision 2, is amended to read:

Subd. 2.

State licensing agency data.

(a) Requests for state licensing agency data
submitted pursuant to section 524.5-118 must include information from a check of state
licensing agency records.

(b) The commissioner shall provide the court with licensing agency data for licenses
directly related to the responsibilities of a guardian or conservator if the guardian or
conservator has a current or prior affiliation with the:

(1) Lawyers Responsibility Board;

(2) State Board of Accountancy;

(3) Board of Social Work;

(4) Board of Psychology;

(5) Board of Nursing;

(6) Board of Medical Practice;

(7) Department of Education;

(8) Department of Commerce;

(9) Board of Chiropractic Examiners;

(10) Board of Dentistry;

(11) Board of Marriage and Family Therapy;

(12) Department of Human Services;

new text begin (13) Department of Children, Youth, and Families;
new text end

deleted text begin (13) deleted text end new text begin (14) new text end Peace Officer Standards and Training (POST) Board; or

deleted text begin (14) deleted text end new text begin (15) new text end Professional Educator Licensing and Standards Board.

(c) The commissioner shall provide to the court the electronically available data
maintained in the agency's database, including whether the guardian or conservator is or
has been licensed by the agency and whether a disciplinary action or a sanction against the
individual's license, including a condition, suspension, revocation, or cancellation, is in the
licensing agency's database.

Sec. 43.

Minnesota Statutes 2024, section 245C.05, subdivision 7, is amended to read:

Subd. 7.

Probation officer and corrections agent.

(a) A probation officer or corrections
agent shall notify the commissioner of an individual's conviction if the individual:

(1) has been affiliated with a program or facility regulated by the Department of Human
Services new text begin ; Department of Children, Youth, and Families; new text end or Department of Health, a facility
serving children or youth licensed by the Department of Corrections, or any type of home
care agency or provider of personal care assistance services within the preceding year; and

(2) has been convicted of a crime constituting a disqualification under section 245C.14.

(b) For the purpose of this subdivision, "conviction" has the meaning given it in section
609.02, subdivision 5.

(c) The commissioner, in consultation with the commissioner of corrections, shall develop
forms and information necessary to implement this subdivision and shall provide the forms
and information to the commissioner of corrections for distribution to local probation officers
and corrections agents.

(d) The commissioner shall inform individuals subject to a background study that criminal
convictions for disqualifying crimes shall be reported to the commissioner by the corrections
system.

(e) A probation officer, corrections agent, or corrections agency is not civilly or criminally
liable for disclosing or failing to disclose the information required by this subdivision.

(f) Upon receipt of disqualifying information, the commissioner shall provide the notice
required under section 245C.17, as appropriate, to agencies on record as having initiated a
background study or making a request for documentation of the background study status
of the individual.

(g) This subdivision does not apply to family child care programs or legal nonlicensed
child care programs for individuals whose background study was completed in NETStudy
2.0.

Sec. 44.

Minnesota Statutes 2024, section 245C.07, is amended to read:

245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.

(a) Subject to the conditions in paragraph (d), when a license holder, applicant, or other
entity owns multiple programs or services that are licensed by the Department of Human
Services deleted text begin , deleted text end new text begin ; Department of Children, Youth, and Families; new text end Department of Health deleted text begin , deleted text end new text begin ; new text end or
Department of Corrections, only one background study is required for an individual who
provides direct contact services in one or more of the licensed programs or services if:

(1) the license holder designates one individual with one address and telephone number
as the person to receive sensitive background study information for the multiple licensed
programs or services that depend on the same background study; and

(2) the individual designated to receive the sensitive background study information is
capable of determining, upon request of the department, whether a background study subject
is providing direct contact services in one or more of the license holder's programs or services
and, if so, at which location or locations.

(b) When a license holder maintains background study compliance for multiple licensed
programs according to paragraph (a), and one or more of the licensed programs closes, the
license holder shall immediately notify the commissioner which staff must be transferred
to an active license so that the background studies can be electronically paired with the
license holder's active program.

(c) When a background study is being initiated by a licensed program or service or a
foster care provider that is also licensed under chapter 144G, a study subject affiliated with
multiple licensed programs or services may attach to the background study form a cover
letter indicating the additional names of the programs or services, addresses, and background
study identification numbers.

When the commissioner receives a notice, the commissioner shall notify each program
or service identified by the background study subject of the study results.

The background study notice the commissioner sends to the subsequent agencies shall
satisfy those programs' or services' responsibilities for initiating a background study on that
individual.

(d) If a background study was conducted on an individual related to child foster care
and the requirements under paragraph (a) are met, the background study is transferable
across all licensed programs. If a background study was conducted on an individual under
a license other than child foster care and the requirements under paragraph (a) are met, the
background study is transferable to all licensed programs except child foster care.

(e) The provisions of this section that allow a single background study in one or more
licensed programs or services do not apply to background studies submitted by adoption
agencies, supplemental nursing services agencies, personnel pool agencies, educational
programs, professional services agencies, temporary personnel agencies, and unlicensed
personal care provider organizations.

(f) For an entity operating under NETStudy 2.0, the entity's active roster must be the
system used to document when a background study subject is affiliated with multiple entities.
For a background study to be transferable:

(1) the background study subject must be on and moving to a roster for which the person
designated to receive sensitive background study information is the same; and

(2) the same entity must own or legally control both the roster from which the transfer
is occurring and the roster to which the transfer is occurring. For an entity that holds or
controls multiple licenses, or unlicensed personal care provider organizations, there must
be a common highest level entity that has a legally identifiable structure that can be verified
through records available from the secretary of state.

Sec. 45.

Minnesota Statutes 2024, section 256.88, is amended to read:

256.88 SOCIAL WELFARE FUND ESTABLISHED.

Except as otherwise expressly provided, all moneys and funds held by the commissioner
of human services deleted text begin , deleted text end new text begin ; the commissioner of children, youth, and families; new text end the Direct Care and
Treatment executive board deleted text begin , deleted text end new text begin ; new text end and the local social services agencies of the several counties
in trust or for the benefit of children with a disability and children who are dependent,
neglected, or delinquent deleted text begin , deleted text end new text begin ; new text end children born to mothers who were not married to the children's
fathers at the times of the conception nor at the births of the children deleted text begin , deleted text end new text begin ; new text end persons determined
to have developmental disability, mental illness, or substance use disorder deleted text begin , deleted text end new text begin ; new text end or other wards
or beneficiaries, under any law, shall be kept in a single fund to be known as the "social
welfare fund" which shall be deposited at interest, held, or disbursed as provided in sections
256.89 to 256.92.

Sec. 46.

Minnesota Statutes 2024, section 256.89, is amended to read:

256.89 FUND DEPOSITED IN STATE TREASURY.

The social welfare fund and all accretions thereto shall be deposited in the state treasury,
as a separate and distinct fund, to the credit of the commissioner of human services new text begin ; the
commissioner of children, youth, and families; new text end and the Direct Care and Treatment executive
board as trustees for their respective beneficiaries in proportion to the beneficiaries' several
interests. The commissioner of management and budget shall be responsible only to the
commissioner of human services new text begin ; the commissioner of children, youth, and families; new text end and
the Direct Care and Treatment executive board for the sum total of the fund, and shall have
no duties nor direct obligations toward the beneficiaries thereof individually. Subject to the
applicable rules of the commissioner of human services new text begin ; the commissioner of children,
youth, and families; new text end or the Direct Care and Treatment executive board, money so received
by a local social services agency may be deposited by the executive secretary of the local
social services agency in a local bank carrying federal deposit insurance, designated by the
local social services agency for this purpose. The amount of such deposit in each such bank
at any one time shall not exceed the amount protected by federal deposit insurance.

Sec. 47.

Minnesota Statutes 2024, section 256.90, is amended to read:

256.90 SOCIAL WELFARE FUND; USE; DISPOSITION; DEPOSITORIES.

The commissioner of human services, in consultation with the new text begin commissioner of children,
youth, and families and the new text end Direct Care and Treatment executive board, at least 30 days
before the first day of January and the first day of July in each year shall file with the
commissioner of management and budget an estimate of the amount of the social welfare
fund to be held in the treasury during the succeeding six-month period, subject to current
disbursement. Such portion of the remainder thereof as may be at any time designated by
the request of the commissioner of human services may be invested by the commissioner
of management and budget in bonds in which the permanent trust funds of the state of
Minnesota may be invested, upon approval by the State Board of Investment. The portion
of such remainder not so invested shall be placed by the commissioner of management and
budget at interest for the period of six months, or when directed by the commissioner of
human services, for the period of 12 months thereafter at the highest rate of interest obtainable
in a bank, or banks, designated by the board of deposit as a suitable depository therefor. All
the provisions of law relative to the designation and qualification of depositories of other
state funds shall be applicable to sections 256.88 to 256.92, except as herein otherwise
provided. Any bond given, or collateral assigned or both, to secure a deposit hereunder may
be continuous in character to provide for the repayment of any moneys belonging to the
fund theretofore or thereafter at any time deposited in such bank until its designation as
such depository is revoked and the security thereof shall be not impaired by any subsequent
agreement or understanding as to the rate of interest to be paid upon such deposit, or as to
time for its repayment. The amount of money belonging to the fund deposited in any bank,
including other state deposits, shall not at any time exceed the amount of the capital stock
thereof. In the event of the closing of the bank any sum deposited therein shall immediately
become due and payable.

Sec. 48.

Minnesota Statutes 2024, section 256.91, is amended to read:

256.91 PURPOSES.

From that part of the social welfare fund held in the state treasury subject to disbursement
as provided in section 256.90 new text begin , new text end the commissioner of human services new text begin ; the commissioner of
children, youth, and families; new text end or the Direct Care and Treatment executive board at any time
may pay out such amounts as the deleted text begin commissioner deleted text end new text begin commissioners new text end or executive board deems
proper for the support, maintenance, or other legal benefit of any of the children with a
disability and children who are dependent, neglected, or delinquent deleted text begin , deleted text end new text begin ; new text end children born to mothers
who were not married to the children's fathers at the times of the conception nor at the births
of the children deleted text begin , deleted text end new text begin ; new text end persons with developmental disability, substance use disorder, or mental
illness deleted text begin , deleted text end new text begin ; new text end or other wards or persons entitled thereto, not exceeding in the aggregate to or for
any person the principal amount previously received for the benefit of the person, together
with the increase in it from an equitable apportionment of interest realized from the social
welfare fund.

When any such person dies or is finally discharged from the guardianship, care, custody,
and control of the commissioner of human services new text begin ; the commissioner of children, youth,
and families; new text end or the Direct Care and Treatment executive board, the amount then remaining
subject to use for the benefit of the person shall be paid as soon as may be from the social
welfare fund to the persons thereto entitled by law.

Sec. 49.

Minnesota Statutes 2024, section 256.92, is amended to read:

256.92 deleted text begin COMMISSIONER OF HUMAN SERVICES AND DIRECT CARE AND
TREATMENT deleted text end new text begin COMMISSIONERS AND EXECUTIVE BOARD new text end , ACCOUNTS.

It shall be the duty of the commissioner of human services deleted text begin , deleted text end new text begin ; the commissioner of children,
youth, and families; new text end the Direct Care and Treatment executive board deleted text begin , deleted text end new text begin ; new text end and the local social
services agencies of the several counties of this state to cause to be deposited with the
commissioner of management and budget all moneys and funds in their possession or under
their control and designated by section 256.91 as and for the social welfare fund; and all
such moneys and funds shall be so deposited in the state treasury as soon as received. The
commissioner of human services, in consultation with the new text begin commissioner of children, youth,
and families and the new text end Direct Care and Treatment executive board, shall keep books of account
or other records showing separately the principal amount received and deposited in the
social welfare fund for the benefit of any person, together with the name of such person,
and the name and address, if known to the commissioner of human services new text begin ; the
commissioner of children, youth, and families; new text end or the Direct Care and Treatment executive
board, of the person from whom such money was received; and, at least once every two
years, the amount of interest, if any, which the money has earned in the social welfare fund
shall be apportioned thereto and posted in the books of account or records to the credit of
such beneficiary.

The provisions of sections 256.88 to 256.92 shall not apply to any fund or money now
or hereafter deposited or otherwise disposed of pursuant to the lawful orders, decrees,
judgments, or other directions of any district court having jurisdiction thereof.

Sec. 50.

Minnesota Statutes 2024, section 256G.01, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This chapter governs the Minnesota human services system.
The system includes the Department of Human Services deleted text begin , deleted text end new text begin ; the Department of Children,
Youth, and Families; new text end Direct Care and Treatment deleted text begin , deleted text end new text begin ; new text end local social services agencies deleted text begin , deleted text end new text begin ; new text end county
welfare agencies deleted text begin , deleted text end new text begin ; new text end human service boards deleted text begin , deleted text end new text begin ; new text end community mental health center boards deleted text begin , deleted text end new text begin ; new text end state
hospitals deleted text begin , deleted text end new text begin ; new text end state nursing homes deleted text begin , deleted text end new text begin ; new text end and persons, agencies, institutions, organizations, and other
entities under contract to any of those agencies to the extent specified in the contract.

Sec. 51.

Minnesota Statutes 2024, section 256G.01, subdivision 3, is amended to read:

Subd. 3.

Program coverage.

This chapter applies to all social service programs
administered by the commissioner of human services new text begin ; the commissioner of children, youth,
and families; new text end or the Direct Care and Treatment executive board in which residence is the
determining factor in establishing financial responsibility. These include, but are not limited
to: commitment proceedings, including voluntary admissions; emergency holds; poor relief
funded wholly through local agencies; social services, including title XX, IV-E and section
256K.10; social services programs funded wholly through the resources of county agencies;
social services provided under the Minnesota Indian Family Preservation Act, sections
260.751 to 260.781; costs for delinquency confinement under section 393.07, subdivision
2; service responsibility for these programs; and housing support under chapter 256I.

Sec. 52.

Minnesota Statutes 2024, section 256G.03, subdivision 2, is amended to read:

Subd. 2.

No durational test.

Except as otherwise provided in sections 142G.12; 142G.78;
256B.056, subdivision 1; and 256D.02, subdivision 12a for purposes of this chapter, no
waiting period is required before securing county or state residence. A person cannot,
however, gain residence while physically present in an excluded time facility unless otherwise
specified in this chapter or in a federal regulation controlling a federally funded human
service new text begin ; children, youth, and families; new text end or direct care and treatment program. Interstate
migrants who enter a shelter for battered women directly from another state can gain
residency while in the facility provided the person can provide documentation that the person
is a victim of domestic abuse and the county determines that the placement is appropriate.

Sec. 53.

Minnesota Statutes 2024, section 256G.04, subdivision 2, is amended to read:

Subd. 2.

Moving out of state.

(a) A person retains county and state residence so long
as the person's absence from Minnesota is viewed as a temporary absence within the context
of the affected program.

(b) Direct entry into a facility in another state does not end Minnesota residence for
purposes of this chapter. Financial responsibility does not continue, however, unless
placement was initiated by a human service new text begin ; children, youth, and families; new text end or direct care
and treatment agency or another governmental entity that has statutory authority to bind the
human service new text begin ; children, youth, and families; new text end or direct care and treatment agency and is
based on a formal, written plan of treatment, or unless federal regulations require payment
for an out-of-state resident.

Sec. 54.

Minnesota Statutes 2024, section 256G.09, subdivision 2, is amended to read:

Subd. 2.

Financial disputes.

(a) If the county receiving the transmittal does not believe
it is financially responsible, it should provide to the commissioner of human services and
the initially responsible county a statement of all facts and documents necessary for the
commissioner to make the requested determination of financial responsibility. The submission
must clearly state the program area in dispute and must state the specific basis upon which
the submitting county is denying financial responsibility.

(b) The initially responsible county then has 15 calendar days to submit its position and
any supporting evidence to the commissioner new text begin of human services new text end . The absence of a submission
by the initially responsible county does not limit the right of the commissioner of human
services new text begin ; the commissioner of children, youth, and families; new text end or Direct Care and Treatment
executive board to issue a binding opinion based on the evidence actually submitted.

(c) A case must not be submitted until the local agency taking the application or making
the commitment has made an initial determination about eligibility and financial
responsibility, and services have been initiated. This paragraph does not prohibit the
submission of closed cases that otherwise meet the applicable statute of limitations.

Sec. 55.

Minnesota Statutes 2024, section 256G.09, subdivision 3, is amended to read:

Subd. 3.

Commissioner new text begin of human services new text end obligations.

(a) Except as provided in
paragraph (b) for matters new text begin solely new text end under the jurisdiction of the Direct Care and Treatment
executive board new text begin or the commissioner of children, youth, and families new text end , the commissioner new text begin of
human services new text end shall then promptly decide any question of financial responsibility as outlined
in this chapter and make an order referring the application to the local agency of the proper
county for further action. Further action may include reimbursement by that county of
assistance that another county has provided to the applicant under this subdivision. The
commissioner shall decide disputes within 60 days of the last county evidentiary submission
and shall issue an immediate opinion.

(b) For disputes regarding financial responsibility relating to matters new text begin solely new text end under the
jurisdiction of the Direct Care and Treatment executive board new text begin or the commissioner of
children, youth, and families new text end , the commissioner new text begin of human services new text end shall promptly issue an
advisory opinion on any question of financial responsibility as outlined in this chapter and
recommend to the executive board new text begin or commissioner of children, youth, and families new text end an
order referring the application to the local agency of the proper county for further action.
Further action may include reimbursement by that county of assistance that another county
has provided to the applicant under this subdivision. The commissioner new text begin of human services new text end
shall provide an advisory opinion and recommended order to the executive board new text begin or
commissioner of children, youth, and families new text end within 30 days of the last county evidentiary
submission. The executive board new text begin or commissioner of children, youth, and families new text end shall
decide to accept or reject the commissioner's advisory opinion and recommended order
within 60 days of the last county evidentiary submission and shall issue an immediate
opinion stating the reasons for accepting or rejecting the deleted text begin commissioner's deleted text end recommendation new text begin
of the commissioner of human services new text end .

(c) The commissioner new text begin of human services new text end may make any investigation it considers proper
before making a decision or a recommendation to the executive board new text begin or commissioner of
children, youth, and families new text end . The commissioner new text begin of human services new text end may prescribe rules it
considers necessary to carry out this subdivision except that the commissioner new text begin of human
services new text end must not create rules purporting to bind the deleted text begin executive board's deleted text end decision new text begin of the
executive board or commissioner of children, youth, and families new text end on any advisory opinion
or recommended order under paragraph (b).

(d) Except as provided in paragraph (e) for matters new text begin solely new text end under the jurisdiction of the
executive board new text begin or the commissioner of children, youth, and families new text end , the order of the
commissioner new text begin of human services new text end binds the local agency involved and the applicant or
recipient. That agency shall comply with the order unless reversed on appeal as provided
in section 256.045, subdivision 7. The agency shall comply with the order pending the
appeal.

(e) For disputes regarding financial responsibility relating to matters new text begin solely new text end under the
jurisdiction of the Direct Care and Treatment executive board new text begin or the commissioner of
children, youth, and families new text end , the order of the executive board new text begin or the commissioner of
children, youth, and families new text end binds the local agency involved and the applicant or recipient.
That agency shall comply with the order of the executive board new text begin or the commissioner of
children, youth, and families new text end unless the order is reversed on appeal as provided in section new text begin
142A.20, subdivision 5, or new text end 256.045, subdivision 7. The agency shall comply with the order
of the executive board new text begin or the commissioner of children, youth, and families new text end pending the
appeal.

Sec. 56.

Minnesota Statutes 2024, section 256G.09, subdivision 4, is amended to read:

Subd. 4.

Appeals.

A local agency that is aggrieved by the order of the deleted text begin department deleted text end new text begin
commissioner of human services, executive board, or commissioner of children, youth, and
families under subdivision 3, paragraph (e), new text end may appeal the opinion to the district court of
the county responsible for furnishing assistance or services by serving a written copy of a
notice of appeal on the commissioner new text begin of human services new text end and any adverse party of record
within 30 days after the date the department issued the opinion, and by filing the original
notice and proof of service with the court administrator of district court. Service may be
made personally or by mail. Service by mail is complete upon mailing.

The commissioner new text begin of human services; the commissioner of children, youth, and families;
or the executive board new text end may elect to become a party to the proceedings in district court. The
court may consider the matter in or out of chambers and shall take no new or additional
evidence.

Sec. 57.

Minnesota Statutes 2024, section 256G.09, subdivision 5, is amended to read:

Subd. 5.

Payment pending appeal.

After the deleted text begin department deleted text end new text begin commissioner of human
services, executive board, or commissioner of children, youth, and families under subdivision
3, paragraph (e), new text end issues an opinion in any submission under this section, the service or
assistance covered by the submission must be provided or paid pending or during an appeal
to the district court.

Sec. 58.

Minnesota Statutes 2024, section 256G.10, is amended to read:

256G.10 DERIVATIVE SETTLEMENT.

(a) The residence of the parent of a minor child, with whom that child last lived in a
nonexcluded time setting, or guardian of a ward shall determine the residence of the child
or ward for all social services governed by this chapter.

(b) For purposes of this chapter, a minor child is defined as being under 18 years of age
unless otherwise specified in a program administered by the commissioner of human services new text begin ;
the commissioner of children, youth, and families; new text end or the Direct Care and Treatment executive
board.

(c) Physical or legal custody has no bearing on residence determinations. This section
does not, however, apply to situations involving another state, limit the application of an
interstate compact, or apply to situations involving state wards where the commissioner new text begin of
human services or children, youth, and families new text end is defined by law as the guardian.

Sec. 59.

Minnesota Statutes 2024, section 256G.11, is amended to read:

256G.11 NO RETROACTIVE EFFECT.

(a) This chapter is not retroactive and does not require redetermination of financial
responsibility for cases existing on January 1, 1988. This chapter applies only to applications
and redeterminations of eligibility taken or routinely made after January 1, 1988.

(b) Notwithstanding this section, existing social services cases shall be treated in the
same manner as cases for those programs outlined in section 256G.02, subdivision 4,
paragraph (g), for which an application is taken or a redetermination is made after January
1, 1988.

(c) The requirement under section 256G.09, subdivision 3, for the Direct Care and
Treatment executive board new text begin or the commissioner of children, youth, and families new text end to accept
or reject the recommendation of the commissioner of humans services regarding the county
of financial responsibility for matters new text begin solely new text end under the jurisdiction of the executive board new text begin
or the commissioner of children, youth, and families new text end is not retroactive and does not require
redetermination of financial responsibility for cases existing prior to the effective date of
the transfer of all authorities and responsibilities from the Department of Human Services
to Direct Care and Treatment.

(d) Notwithstanding paragraph (c), existing cases relating to matters under the jurisdiction
of the executive board must be treated in the same manner as cases relating to matters under
the jurisdiction of the executive board opened or redetermined after the effective date of
the transfer of all authorities and responsibilities from the Department of Human Services
to Direct Care and Treatment new text begin or the Department of Children, Youth, and Families new text end .

Sec. 60.

Minnesota Statutes 2024, section 256G.12, subdivision 1, is amended to read:

Subdivision 1.

Limitation.

A submission to the commissioner of human services new text begin ; the
commissioner of children, youth, and families; new text end or the Direct Care and Treatment executive
board for a determination of financial responsibility must be made within three years from
the date of application for the program in question or from the date of admission or
commitment to state or other institutions.

Sec. 61.

Minnesota Statutes 2024, section 260.762, subdivision 2a, is amended to read:

Subd. 2a.

Required findings that active efforts were provided.

(a) A court shall not
order a child placement, termination of parental rights, guardianship to the commissioner
of children, youth, and families under section 260C.325, or temporary or permanent change
in custody of an Indian child unless the court finds that the child-placing agency or petitioner
demonstrated that active efforts were made to preserve the Indian child's family. Active
efforts to preserve the Indian child's family include efforts to prevent placement of the Indian
child to correct the conditions that led to the placement by ensuring remedial services and
rehabilitative programs designed to prevent the breakup of the family were provided in a
manner consistent with the prevailing social and cultural conditions of the Indian child's
Tribe and in partnership with the Indian child, the Indian child's parents, the Indian custodian,
extended family members, and Tribe, and that these efforts have proved unsuccessful.

(b) The court, in determining whether active efforts were made to preserve the Indian
child's family for purposes of child placement or permanency, shall ensure the provision of
active efforts designed to correct the conditions that led to the placement of the Indian child
and shall make findings regarding whether the following activities were appropriate and
necessary, and whether the child-placing agency or petitioner ensured appropriate and
meaningful services were available based upon the family's specific needs, whether listed
in this paragraph or not:

(1) whether active efforts were made at the earliest point possible to inquire into the
child's heritage, to identify any federally recognized Indian Tribe the child may be affiliated
with, to notify all potential Tribes at the earliest point possible, and to request participation
of the Indian child's Tribe;

(2) whether a Tribally designated representative with substantial knowledge of the
prevailing social and cultural standards and child-rearing practices within the Tribal
community was provided an opportunity to consult with and be involved in any investigations
or assessments of the family's circumstances, participate in identifying the family's needs,
and participate in development of any plan to keep the Indian child safely in the home,
identify services designed to prevent the breakup of the Indian child's family, and to reunify
the Indian child's family as soon as safety can be assured if out-of-home placement has
occurred;

(3) whether the Tribal representative was provided with all information available
regarding the proceeding, and whether it was requested that the Tribal representative assist
in identifying services designed to prevent the breakup of the Indian child's family and to
reunify the Indian child's family as soon as safety can be assured if out-of-home placement
has occurred;

(4) whether, before making a decision that may affect an Indian child's safety and
well-being or when contemplating placement of an Indian child, guidance from the Indian
child's Tribe was sought regarding family structure, how the family can seek help, what
family and Tribal resources are available, and what barriers the family faces that could
threaten the family's preservation;

(5) whether a Tribal representative was consulted to determine and arrange for visitation
in the most natural setting that ensures the Indian child's safety, when the Indian child's
safety requires supervised visitation;

(6) whether early and ongoing efforts occurred to identify, locate, and include extended
family members as supports for the Indian child and the Indian child's family;

(7) whether continued active efforts were made to identify and place the Indian child in
a home that is compliant with the placement preferences in sections 260.751 to 260.835,
including whether extended family members were consulted to provide support to the Indian
child and Indian child's parents; to inform the child-placing agency, petitioner, and court
as to cultural connections and family structure; to assist in identifying appropriate cultural
services and supports for the Indian child and Indian child's parents; and to identify and
serve as placement and permanency resources for the Indian child. If there was difficulty
contacting or engaging extended family members, whether assistance was sought from the
Tribe deleted text begin , deleted text end new text begin ; new text end the Department of Human Services deleted text begin , deleted text end new text begin ; the Department of Children, Youth, and Families; new text end
or other agencies with expertise in working with Indian families;

(8) whether services and resources were provided to extended family members who are
considered the primary placement option for an Indian child, as agreed upon by the
child-placing agency or petitioner and the Tribe, to overcome licensing and other barriers
to providing care to an Indian child. The need for services or resources shall not be a basis
to exclude an extended family member from consideration as a primary placement. Services
and resources include but are not limited to child care assistance, financial assistance,
housing resources, emergency resources, and foster care licensing assistance and resources;

(9) whether concrete services and access to both Tribal and non-Tribal services were
provided to the Indian child's parents and Indian custodian and, where necessary, members
of the Indian child's extended family members who provide support to the Indian child and
the Indian child's parents; and whether these services were provided in an ongoing manner
throughout the child-placing agency or petitioner's involvement with the Indian family to
directly assist the Indian family in accessing and utilizing services to maintain the Indian
family, or to reunify the Indian family as soon as safety can be assured if out-of-home
placement has occurred. Services include but are not limited to financial assistance, food,
housing, health care, transportation, in-home services, community support services, and
specialized services; and

(10) whether visitation occurred whenever possible in the home of the Indian child's
parent, Indian custodian, or extended family member or in another noninstitutional setting
in order to keep the Indian child in close contact with the Indian child's parents, siblings,
and other relatives regardless of the Indian child's age and to allow the Indian child and
those with whom the Indian child visits to have natural, unsupervised interaction when
consistent with protecting the child's safety.

Sec. 62.

Minnesota Statutes 2024, section 260B.171, subdivision 4, is amended to read:

Subd. 4.

Public inspection of records.

(a) Legal records arising from proceedings or
portions of proceedings that are public under section 260B.163, subdivision 1, are open to
public inspection.

(b) Except as otherwise provided by this section, none of the records of the juvenile
court and none of the records relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open to public inspection or their
contents disclosed except:

(1) by order of a court; or

(2) as required by chapter 245C or sections new text begin 142B.10, new text end 245A.04, 611A.03, 611A.04,
611A.06, and 629.73.

(c) The victim of any alleged delinquent act may, upon the victim's request, obtain the
following information, unless it reasonably appears that the request is prompted by a desire
on the part of the requester to engage in unlawful activities:

(1) the name and age of the juvenile;

(2) the act for which the juvenile was petitioned and date of the offense; and

(3) the disposition, including, but not limited to, dismissal of the petition, diversion,
probation and conditions of probation, detention, fines, or restitution.

(d) The records of juvenile probation officers and county home schools are records of
the court for the purposes of this subdivision. Court services data relating to delinquent acts
that are contained in records of the juvenile court may be released as allowed under section
13.84, subdivision 6. This subdivision applies to all proceedings under this chapter, including
appeals from orders of the juvenile court, except that this subdivision does not apply to
proceedings under section 260B.335 or 260B.425 when the proceeding involves an adult
defendant. The court shall maintain the confidentiality of adoption files and records in
accordance with the provisions of laws relating to adoptions. In juvenile court proceedings
any report or social history furnished to the court shall be open to inspection by the attorneys
of record and the guardian ad litem a reasonable time before it is used in connection with
any proceeding before the court.

(e) When a judge of a juvenile court, or duly authorized agent of the court, determines
under a proceeding under this chapter that a child has violated a state or local law, ordinance,
or regulation pertaining to the operation of a motor vehicle on streets and highways, except
parking violations, the judge or agent shall immediately report the violation to the
commissioner of public safety. The report must be made on a form provided by the
Department of Public Safety and must contain the information required under section 169.95.

(f) A county attorney may give a law enforcement agency that referred a delinquency
matter to the county attorney a summary of the results of that referral, including the details
of any juvenile court disposition.

Sec. 63.

Minnesota Statutes 2024, section 260E.03, subdivision 6, is amended to read:

Subd. 6.

Facility.

"Facility" means:

(1) a licensed or unlicensed day care facility, certified license-exempt child care center,
residential facility, agency, hospital, sanitarium, or other facility or institution required to
be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter new text begin
142B, new text end 142C, 144H, or 245D;

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E;
or

(3) a nonlicensed personal care provider organization as defined in section 256B.0625,
subdivision 19a.

Sec. 64.

Minnesota Statutes 2024, section 260E.11, subdivision 1, is amended to read:

Subdivision 1.

Reports of maltreatment in facility.

A person mandated to report child
maltreatment occurring within a licensed facility shall report the information to the agency
responsible for licensing or certifying the facility under sections 144.50 to 144.58, 241.021,
and 245A.01 to 245A.16 deleted text begin ; deleted text end or chapter new text begin 142B, new text end 142C, 144H, or 245D deleted text begin ; deleted text end or new text begin to new text end a nonlicensed
personal care provider organization as defined in section 256B.0625, subdivision 19a.

Sec. 65.

Minnesota Statutes 2024, section 260E.30, subdivision 4, is amended to read:

Subd. 4.

Mitigating factors in investigating facilities.

(a) When determining whether
the facility or individual is the responsible party or whether both the facility and the individual
are responsible for determined maltreatment in a facility, the investigating agency shall
consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and requirements
placed upon an employee, including the facility's compliance with related regulatory standards
and the adequacy of facility policies and procedures, facility training, an individual's
participation in the training, the caregiver's supervision, and facility staffing levels and the
scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

(b) The evaluation of the facility's responsibility under paragraph (a), clause (2), must
not be based on the completeness of the risk assessment or risk reduction plan required
under section deleted text begin 245A.66 deleted text end new text begin 142B.54 new text end , but must be based on the facility's compliance with the
regulatory standards for policies and procedures, training, and supervision as cited in
Minnesota Statutes and Minnesota Rules.

(c) Notwithstanding paragraphs (a) and (b), when maltreatment is determined to have
been committed by an individual who is also the facility license holder, both the individual
and the facility must be determined responsible for the maltreatment, and both the background
study disqualification standards under section 245C.15, subdivision 4, and the licensing or
certification actions under section new text begin 142B.16, 142B.18, new text end 142C.06, 142C.07, 245A.06, or
245A.07 apply.

Sec. 66.

Minnesota Statutes 2024, section 260E.33, subdivision 6, is amended to read:

Subd. 6.

Contested case hearing.

If a maltreatment determination or a disqualification
based on serious or recurring maltreatment is the basis for a denial of a license under section new text begin
142B.15 or new text end 245A.05 or a licensing sanction under section new text begin 142B.18 or new text end 245A.07, the license
holder has the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. As provided for under section new text begin 142B.20, subdivision 3, or new text end 245A.08,
subdivision 2a, the scope of the contested case hearing shall include the maltreatment
determination, disqualification, and licensing sanction or denial of a license. In such cases,
a fair hearing regarding the maltreatment determination and disqualification shall not be
conducted under section 256.045. Except for family child care and child foster care,
reconsideration of a maltreatment determination as provided under this subdivision and
reconsideration of a disqualification as provided under section 245C.22 shall also not be
conducted when:

(1) a denial of a license under section new text begin 142B.15 or new text end 245A.05 or a licensing sanction under
section new text begin 142B.18 or new text end 245A.07 is based on a determination that the license holder is responsible
for maltreatment or the disqualification of a license holder based on serious or recurring
maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification and
denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
subdivision 2 and section 626.557, subdivision 9d, and reconsideration of the disqualification
shall be conducted under section 245C.22. In such cases, a fair hearing shall also be
conducted as provided under subdivision 2 and sections 245C.27 and 626.557, subdivision
9d.

If the disqualified subject is an individual other than the license holder and upon whom
a background study must be conducted under chapter 245C, the hearings of all parties may
be consolidated into a single contested case hearing upon consent of all parties and the
administrative law judge.

Sec. 67.

Minnesota Statutes 2024, section 261.232, is amended to read:

261.232 DUTIES OF deleted text begin COMMISSIONER deleted text end new text begin COMMISSIONERS new text end OF HUMAN
SERVICES new text begin AND CHILDREN, YOUTH, AND FAMILIES new text end .

The deleted text begin commissioner deleted text end new text begin commissioners new text end of human services new text begin and children, youth, and families new text end
shall promulgate rules to establish administrative and fiscal procedures for payment of the
state share of the costs incurred by the counties under sections 261.21 to 261.231. The rules
may include:

(a) procedures by which state liability for the costs of hospitalization of indigent persons
may be deducted from county liability to the state under any other public assistance program
authorized by law;

(b) procedures for processing claims of counties for reimbursement by the state for
expenditures made by the counties for the hospitalization of indigent persons; and

(c) standards for eligibility and utilization of medical care.

Sec. 68.

Minnesota Statutes 2024, section 270B.14, subdivision 1, is amended to read:

Subdivision 1.

Disclosure to commissioner of human services.

deleted text begin (a) On the request of
the commissioner of human services, the commissioner shall disclose return information
regarding taxes imposed by chapter deleted text end deleted text begin 290 deleted text end deleted text begin , and claims for refunds under chapter deleted text end deleted text begin 290A deleted text end deleted text begin , to the
extent provided in paragraph (b) and for the purposes set forth in paragraph (c).
deleted text end

deleted text begin (b) Data that may be disclosed are limited to data relating to the identity, whereabouts,
employment, income, and property of a person owing or alleged to be owing an obligation
of child support.
deleted text end

deleted text begin (c) The commissioner of human services may request data only for the purposes of
carrying out the child support enforcement program and to assist in the location of parents
who have, or appear to have, deserted their children. Data received may be used only as set
forth in section 518A.83.
deleted text end

deleted text begin (d) deleted text end new text begin (a) new text end The commissioner shall provide the records and information necessary to
administer the supplemental housing allowance to the commissioner of human services.

deleted text begin (e) deleted text end new text begin (b) new text end At the request of the commissioner of human services, the commissioner of
revenue shall electronically match the Social Security or individual taxpayer identification
numbers and names of participants in the telephone assistance plan operated under sections
237.69 to 237.71, with those of property tax refund filers under chapter 290A or renter's
credit filers under section 290.0693, and determine whether each participant's household
income is within the eligibility standards for the telephone assistance plan.

deleted text begin (f) deleted text end new text begin (c) new text end The commissioner may provide records and information collected under sections
295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid
Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
102-234. Upon the written agreement by the United States Department of Health and Human
Services to maintain the confidentiality of the data, the commissioner may provide records
and information collected under sections 295.50 to 295.59 to the Centers for Medicare and
Medicaid Services section of the United States Department of Health and Human Services
for purposes of meeting federal reporting requirements.

deleted text begin (g) deleted text end new text begin (d) new text end The commissioner may provide records and information to the commissioner of
human services as necessary to administer the early refund of refundable tax credits.

deleted text begin (h) deleted text end new text begin (e) new text end The commissioner may disclose information to the commissioner of human
services as necessary for income verification for eligibility and premium payment under
the MinnesotaCare program, under section 256L.05, subdivision 2, as well as the medical
assistance program under chapter 256B.

deleted text begin (i) deleted text end new text begin (f) new text end The commissioner may disclose information to the commissioner of human services
necessary to verify whether applicants or recipients for deleted text begin the Minnesota family investment
program, deleted text end general assistance deleted text begin , the Supplemental Nutrition Assistance Program (SNAP), deleted text end new text begin and
the new text end Minnesota supplemental aid program deleted text begin , and child care assistance deleted text end have claimed refundable
tax credits under chapter 290 and the property tax refund under chapter 290A, and the
amounts of the credits.

deleted text begin (j) deleted text end new text begin (g) new text end At the request of the commissioner of human services and when authorized in
writing by the taxpayer, the commissioner of revenue may match the business legal name
or individual legal name, and the Minnesota tax identification number, federal Employer
Identification Number, or Social Security number of the applicant under section 142C.03;
245A.04, subdivision 1; or 245I.20; or license or certification holder. The commissioner of
revenue may share the matching with the commissioner of human services. The matching
may only be used by the commissioner of human services to determine eligibility for provider
grant programs and to facilitate the regulatory oversight of license and certification holders
as it relates to ownership and public funds program integrity. This paragraph applies only
if the commissioner of human services and the commissioner of revenue enter into an
interagency agreement for the purposes of this paragraph.

Sec. 69.

Minnesota Statutes 2024, section 270B.14, is amended by adding a subdivision
to read:

new text begin Subd. 24. new text end

new text begin Disclosure to commissioner of children, youth, and families. new text end

new text begin (a) On the
request of the commissioner of children, youth, and families, the commissioner shall disclose
return information regarding taxes imposed by chapter 290, and claims for refunds under
chapter 290A, to the extent provided in paragraph (b) and for the purposes set forth in
paragraph (c).
new text end

new text begin (b) Data may be disclosed relating to the identity, whereabouts, employment, income,
and property of a person owing or alleged to be owing an obligation of child support.
new text end

new text begin (c) The commissioner of children, youth, and families may request data for the purposes
of carrying out the child support program and to assist in the location of parents who have,
or appear to have, deserted their children. Data received may be used only as set forth in
section 518A.83.
new text end

new text begin (d) The commissioner may disclose information to the commissioner of children, youth,
and families necessary to verify whether applicants or recipients for the Minnesota family
investment program, the Supplemental Nutrition Assistance Program (SNAP), and child
care assistance have claimed refundable tax credits under chapter 290 and the property tax
refund under chapter 290A, and the amounts of the credits.
new text end

Sec. 70.

Minnesota Statutes 2024, section 299C.76, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following definitions
apply.

(b) "Federal tax information" means federal tax returns and return information or
information derived or created from federal tax returns, in possession of or control by the
requesting agency, that is covered by the safeguarding provisions of section 6103(p)(4) of
the Internal Revenue Code.

(c) "IRS Publication 1075" means Internal Revenue Service Publication 1075 that
provides guidance and requirements for the protection and confidentiality of federal tax
information as required in section 6103(p)(4) of the Internal Revenue Code.

(d) "National criminal history record information" means the Federal Bureau of
Investigation identification records as defined in Code of Federal Regulations, title 28,
section 20.3(d).

(e) "Requesting agency" means the Department of Revenue deleted text begin , deleted text end new text begin ; new text end Department of Employment
and Economic Development deleted text begin , deleted text end new text begin ; Department of Human Services; new text end Department of Children,
Youth, and Families deleted text begin , deleted text end new text begin ; new text end board of directors of MNsure deleted text begin , deleted text end new text begin ; new text end Department of Information Technology
Services deleted text begin , deleted text end new text begin ; new text end attorney general deleted text begin , deleted text end new text begin ; new text end and counties.

Sec. 71.

Minnesota Statutes 2024, section 299F.011, subdivision 4a, is amended to read:

Subd. 4a.

Day care home regulation.

(a) Notwithstanding any contrary provision of
this section, the fire marshal shall not adopt or enforce a rule:

(1) establishing staff ratios, age distribution requirements, and limitations on the number
of children in care;

(2) regulating the means of egress from family or group family day care homes in addition
to the egress rules that apply to the home as a single family dwelling; or

(3) confining family or group family day care home activities to the floor of exit
discharge.

(b) For purposes of this subdivision, "family or group family day care home" means a
dwelling unit in which the day care provider provides the services referred to in section
142B.01, subdivision 18, to one or more persons.

(c) Nothing in this subdivision prohibits the Department of Children, Youth, and Families
from adopting or enforcing rules regulating day care, including the subjects in paragraph
(a), clauses (1) and (3). The department may not, however, adopt or enforce a rule stricter
than paragraph (a), clause (2).

(d) The Department of deleted text begin Human Services deleted text end new text begin Children, Youth, and Families new text end may by rule adopt
procedures for requesting the state fire marshal or a local fire marshal to conduct an
inspection of day care homes to ensure compliance with state or local fire codes.

(e) The commissioners of public safety new text begin ; children, youth, and families; new text end and human services
may enter into an agreement for the deleted text begin commissioner deleted text end new text begin commissioners new text end of human services new text begin and
children, youth, and families new text end to perform follow-up inspections of programs, subject to
licensure under chapter new text begin 142B or new text end 245A, to determine whether certain violations cited by the
state fire marshal have been corrected. The agreement shall identify specific items the
commissioner of human services is permitted to inspect. The list of items is not subject to
rulemaking and may be changed by mutual agreement between the state fire marshal and
the commissioner. The agreement shall provide for training of individuals who will conduct
follow-up inspections. The agreement shall contain procedures for the commissioner of
human services to follow when the commissioner requires assistance from the state fire
marshal to carry out the duties of the agreement.

(f) No tort liability is transferred to the commissioner of human services new text begin or the
commissioner of children, youth, and families new text end as a result of the deleted text begin commissioner of human
services deleted text end new text begin commissioners new text end performing activities within the limits of the agreement.

Sec. 72.

Minnesota Statutes 2024, section 402A.10, subdivision 1a, is amended to read:

Subd. 1a.

Balanced set of program measures.

A "balanced set of program measures"
is a set of measures that, together, adequately quantify achievement toward a particular
program's outcome. As directed by section 402A.16, the Human Services Performance
Council must recommend to the commissioner deleted text begin when deleted text end new text begin who oversees new text end a particular program new text begin
when the program new text end has a balanced set of program measures.

Sec. 73.

Minnesota Statutes 2024, section 402A.10, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Commissioner deleted text end new text begin Commissioners new text end .

deleted text begin "Commissioner" deleted text end new text begin "Commissioners" new text end means the
deleted text begin commissioner deleted text end new text begin commissioners new text end of human services new text begin and children, youth, and families new text end .

Sec. 74.

Minnesota Statutes 2024, section 402A.10, subdivision 4c, is amended to read:

Subd. 4c.

Performance improvement plan.

A "performance improvement plan" means
a plan developed by a county or service delivery authority that describes steps the county
or service delivery authority must take to improve performance on a specific measure or
set of measures. The performance improvement plan must be negotiated with and approved
by deleted text begin the deleted text end new text begin each new text end commissioner new text begin who oversees a program affected by the plan new text end . The performance
improvement plan must require a specific numerical improvement in the measure or measures
on which the plan is based and may include specific programmatic best practices or specific
performance management practices that the county must implement.

Sec. 75.

Minnesota Statutes 2024, section 402A.12, is amended to read:

402A.12 ESTABLISHMENT OF A PERFORMANCE MANAGEMENT SYSTEM
FOR HUMAN SERVICES.

By January 1, 2014, the commissioner new text begin of human services new text end shall implement a performance
management system for essential human services as described in sections 402A.16 and
402A.18 that includes initial performance measures and thresholds consistent with the
recommendations of the Steering Committee on Performance and Outcome Reforms in the
December 2012 report to the legislature.

Sec. 76.

Minnesota Statutes 2024, section 402A.16, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

By October 1, 2013, the commissioner new text begin of human services new text end
shall convene a Human Services Performance Council to advise the commissioner new text begin of human
services new text end on the implementation and operation of the performance management system for
human services.

Sec. 77.

Minnesota Statutes 2024, section 402A.16, subdivision 2, is amended to read:

Subd. 2.

Duties.

The Human Services Performance Council shall:

(1) hold meetings at least quarterly that are in compliance with Minnesota's Open Meeting
Law under chapter 13D;

(2) annually review the annual performance data submitted by counties or service delivery
authorities;

(3) review and advise the deleted text begin commissioner deleted text end new text begin commissioners new text end on department procedures related
to the implementation of the performance management system and system process
requirements and on barriers to process improvement in human services delivery;

(4) advise the deleted text begin commissioner deleted text end new text begin commissioners new text end on the training and technical assistance
needs of county or service delivery authority and department personnel;

(5) review instances in which a county or service delivery authority has not made adequate
progress on a performance improvement plan and make recommendations to the
deleted text begin commissioner deleted text end new text begin commissioners new text end under section 402A.18;

(6) consider appeals from counties or service delivery authorities that are in the remedies
process and make recommendations to the deleted text begin commissioner deleted text end new text begin commissioners new text end on resolving the
issue;

(7) convene working groups to update and develop outcomes, measures, and performance
thresholds for the performance management system and, on an annual basis, present these
recommendations to the deleted text begin commissioner deleted text end new text begin commissioners new text end , including recommendations on when
a particular essential human services program has a balanced set of program measures in
place;

(8) make recommendations on human services administrative rules or statutes that could
be repealed in order to improve service delivery; and

(9) provide information to stakeholders on the council's role and regularly collect
stakeholder input on performance management system performance.

Sec. 78.

Minnesota Statutes 2024, section 402A.16, subdivision 3, is amended to read:

Subd. 3.

Membership.

(a) Human Services Performance Council membership shall be
equally balanced among the following five stakeholder groups: the Association of Minnesota
Counties deleted text begin , deleted text end new text begin ; new text end the Minnesota Association of County Social Service Administrators deleted text begin , deleted text end new text begin ; new text end the
Department of Human Services deleted text begin , deleted text end new text begin and the Department of Children, Youth, and Families,
jointly; new text end tribes and communities of color deleted text begin , deleted text end new text begin ; new text end and service providers and advocates for persons
receiving human services. The Association of Minnesota Counties and the Minnesota
Association of County Social Service Administrators shall appoint their own respective
representatives. The deleted text begin commissioner of human services deleted text end new text begin commissioners new text end shall new text begin each new text end appoint new text begin
two new text end representatives of deleted text begin the Department of Human Services, deleted text end new text begin their respective department. The
commissioners shall each appoint two representatives from (1) new text end tribes and communities of
color deleted text begin , deleted text end and new text begin (2) new text end social services providers and advocates. deleted text begin Minimum deleted text end Council membership shall
be deleted text begin 15 deleted text end new text begin 20 new text end members, with deleted text begin at least three deleted text end new text begin four new text end representatives from each new text begin nondepartmental
new text end stakeholder group deleted text begin , and maximum council membership shall be 20 members, with four
representatives from each stakeholder group deleted text end .

(b) Notwithstanding section 15.059, Human Services Performance Council members
shall be appointed for a minimum of two years, but may serve longer terms at the discretion
of their appointing authority.

(c) Notwithstanding section 15.059, members of the council shall receive no compensation
for their services.

(d) A deleted text begin commissioner's deleted text end representative new text begin from each commissioner new text end and a county representative
from either the Association of Minnesota Counties or the Minnesota Association of County
Social Service Administrators shall serve as Human Services Performance Council cochairs.

Sec. 79.

Minnesota Statutes 2024, section 402A.16, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Commissioner deleted text end new text begin Commissioners' new text end duties.

new text begin For essential human services
administered by each agency, new text end the deleted text begin commissioner deleted text end new text begin commissioners new text end shall:

(1) implement and maintain the performance management system for human services;

(2) establish and regularly update the system's outcomes, measures, and thresholds,
including the minimum performance threshold for each performance measure;

(3) determine when a particular program has a balanced set of measures;

(4) receive reports from counties or service delivery authorities at least annually on their
performance against system measures, provide counties with data needed to assess
performance and monitor progress, and provide timely feedback to counties or service
delivery authorities on their performance;

(5) implement and monitor the remedies process in section 402A.18;

(6) report to the Human Services Performance Council on county or service delivery
authority performance on a semiannual basis;

(7) provide general training and technical assistance to counties or service delivery
authorities on topics related to performance measurement and performance improvement;

(8) provide targeted training and technical assistance to counties or service delivery
authorities that supports their performance improvement plans; and

(9) provide staff support for the Human Services Performance Council.

Sec. 80.

Minnesota Statutes 2024, section 402A.18, subdivision 2, is amended to read:

Subd. 2.

Underperforming county; more than one-half of services.

If the deleted text begin commissioner
determines deleted text end new text begin commissioners determine new text end that a county or service delivery authority is deficient
in achieving minimum performance thresholds for more than one-half of the defined essential
human services programs, the deleted text begin commissioner deleted text end new text begin commissioners new text end may impose the following
remedies:

(1) voluntary incorporation of the administration and operation of essential human
services programs with an existing service delivery authority or another county. A service
delivery authority or county incorporating an underperforming county shall not be financially
liable for the costs associated with remedying performance outcome deficiencies;

(2) mandatory incorporation of the administration and operation of essential human
services programs with an existing service delivery authority or another county. A service
delivery authority or county incorporating an underperforming county shall not be financially
liable for the costs associated with remedying performance outcome deficiencies; or

(3) transfer of authority for administration and operation of essential human services
programs to the commissioner new text begin that oversees each program new text end .

Sec. 81.

Minnesota Statutes 2024, section 402A.18, subdivision 3, is amended to read:

Subd. 3.

Conditions prior to imposing remedies.

(a) The commissioner shall notify a
county or service delivery authority that it must submit a performance improvement plan
if:

(1) the county or service delivery authority does not meet the minimum performance
threshold for a measure; or

(2) the county or service delivery authority has a performance disparity for a racial or
ethnic subgroup, even if the county or service delivery authority met the threshold for the
overall population. The council shall make recommendations on performance disparities,
and the commissioner shall make the final determination.

(b) When the deleted text begin department deleted text end new text begin commissioner new text end determines that a county or service delivery
authority does not meet the minimum performance threshold for a given measure, the
commissioner must advise the county or service delivery authority that fiscal penalties may
result if the performance does not improve. The deleted text begin department deleted text end new text begin commissioner new text end must offer
technical assistance to the county or service delivery authority. Within 30 days of the initial
advisement from the deleted text begin department deleted text end new text begin commissioner new text end , the county or service delivery authority
may claim and the deleted text begin department deleted text end new text begin commissioner new text end may approve an extenuating circumstance
that relieves the county or service delivery authority of any further remedy. If a county or
service delivery authority has a small number of participants in an essential human services
program such that reliable measurement is not possible, the commissioner may approve
extenuating circumstances.

(c) If there are no extenuating circumstances, the county or service delivery authority
must submit a performance improvement plan to the commissioner within 60 days of the
initial advisement from the deleted text begin department deleted text end new text begin commissioner new text end . The term of the performance
improvement plan must be two years, starting with the date the plan is approved by the
commissioner. This plan must include a target level for improvement for each measure that
did not meet the minimum performance threshold. The commissioner must approve the
performance improvement plan within 60 days of submittal.

(d) The deleted text begin department deleted text end new text begin commissioner new text end must monitor the performance improvement plan for
two years. After two years, if the county or service delivery authority meets the minimum
performance threshold, there is no further remedy. If the county or service delivery authority
fails to meet the minimum performance threshold deleted text begin , deleted text end but meets the improvement target in the
performance improvement plan, the county or service delivery authority shall modify the
performance improvement plan for further improvement and the deleted text begin department deleted text end new text begin commissioner new text end
shall continue to monitor the plan.

(e) If, after two years of monitoring, the county or service delivery authority fails to
meet both the minimum performance threshold and the improvement target identified in
the performance improvement plan, the next step of the remedies process shall be invoked
by the commissioner. This phase of the remedies process may include:

(1) fiscal penalties for the county or service delivery authority that do not exceed one
percent of the county's human services expenditures and that are negotiated in the
performance improvement plan, based on what is needed to improve outcomes. Counties
or service delivery authorities must reinvest the amount of the fiscal penalty into the essential
human services program that was underperforming. A county or service delivery authority
shall not be required to pay more than three fiscal penalties in a year; and

(2) the deleted text begin department's deleted text end new text begin commissioner's new text end provision of technical assistance to the county or
service delivery authority that is targeted to address the specific performance issues.

The commissioner shall continue monitoring the performance improvement plan for a third
year.

(f) If, after the third year of monitoring, the county or service delivery authority meets
the minimum performance threshold, there is no further remedy. If the county or service
delivery authority fails to meet the minimum performance threshold deleted text begin , deleted text end but meets the
improvement target for the performance improvement plan, the county or service delivery
authority shall modify the performance improvement plan for further improvement and the
deleted text begin department deleted text end new text begin commissioner new text end shall continue to monitor the plan.

(g) If, after the third year of monitoring, the county or service delivery authority fails to
meet the minimum performance threshold and the improvement target identified in the
performance improvement plan, the Human Services Performance Council shall review the
situation and recommend a course of action to the commissioner.

(h) If the commissioner has determined that a program has a balanced set of program
measures and a county or service delivery authority is subject to fiscal penalties for more
than one-half of the measures for that program, the commissioner may apply further remedies
as described in subdivisions 1 and 2.

Sec. 82.

Minnesota Statutes 2024, section 402A.18, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Commissioner jurisdiction. new text end

new text begin For the purposes of this section, "commissioner"
means the commissioner of human services or the commissioner of children, youth, and
families, whichever oversees the program or service at issue. If programs or services overseen
by both commissioners are at issue, commissioner means both commissioners jointly. A
commissioner must not take action under this section for a program or service that the
commissioner does not oversee.
new text end

Sec. 83.

Minnesota Statutes 2024, section 402A.35, subdivision 1, is amended to read:

Subdivision 1.

Requirements for establishing a service delivery authority.

(a) A
county, tribe, or consortium of counties is eligible to establish a service delivery authority
if:

(1) the county, tribe, or consortium of counties is:

(i) a single county with a population of 55,000 or more;

(ii) a consortium of counties with a total combined population of 55,000 or more;

(iii) a consortium of four or more counties in reasonable geographic proximity without
regard to population; or

(iv) one or more tribes with a total combined population of 25,000 or more.

The council may recommend that the deleted text begin commissioner of human services deleted text end new text begin commissioners new text end
exempt a single county, tribe, or consortium of counties from the minimum population
standard if the county, tribe, or consortium of counties can demonstrate that it can otherwise
meet the requirements of this chapter.

(b) A service delivery authority shall:

(1) comply with current state and federal law, including any existing federal or state
performance measures when they are enacted into law, except where waivers are approved
by the deleted text begin commissioner deleted text end new text begin commissioners new text end ;

(2) define the scope of essential services over which the service delivery authority has
jurisdiction;

(3) designate a single administrative structure to oversee the delivery of those services
included in a proposal for a redesigned service or services and identify a single administrative
agent for purposes of contact and communication with the department;

(4) identify the waivers from statutory or rule program requirements that are needed to
ensure greater local control and flexibility to determine the most cost-effective means of
achieving specified measurable goals that the participating service delivery authority is
expected to achieve;

(5) set forth a reasonable level of targeted reductions in overhead and administrative
costs for each service delivery authority participating in the service delivery redesign;

(6) set forth the terms under which a county, tribe, or consortium of counties may
withdraw from participation. In the case of withdrawal of any or all parties or the dissolution
of the service delivery authority, the employees shall continue to be represented by the same
exclusive representative or representatives and continue to be covered by the same collective
bargaining union agreement until a new agreement is negotiated or the collective bargaining
agreement term ends; and

(7) set forth a structure for managing the terms and conditions of employment of the
employees as provided in section 402A.40.

(c) Once a county, tribe, or consortium of counties establishes a service delivery authority,
no county, tribe, or consortium of counties that is a member of the service delivery authority
may participate as a member of any other service delivery authority. The service delivery
authority may allow an additional county, a tribe, or a consortium of counties to join the
service delivery authority subject to the approval of the council and the deleted text begin commissioner deleted text end new text begin
commissioners new text end .

(d) Nothing in this chapter precludes local governments from using sections 465.81 and
465.82 to establish procedures for local governments to merge, with the consent of the
voters. Nothing in this chapter limits the authority of a county board or tribal council to
enter into contractual agreements for services not covered by the provisions of a
memorandum of understanding establishing a service delivery authority with other agencies
or with other units of government.

Sec. 84.

Minnesota Statutes 2024, section 402A.35, subdivision 4, is amended to read:

Subd. 4.

Process for establishing a service delivery authority.

(a) The county, tribe,
or consortium of counties meeting the requirements of this section and proposing to establish
a service delivery authority shall present to the council:

(1) in conjunction with the deleted text begin commissioner deleted text end new text begin commissioners new text end , a proposed memorandum of
understanding meeting the requirements of subdivision 1, paragraph (b), and outlining:

(i) the details of the proposal;

(ii) the state, tribal, and local resources, which may include, but are not limited to,
funding, administrative and technology support, and other requirements necessary for the
service delivery authority; and

(iii) the relief available to the service delivery authority if the resource commitments
identified in item (ii) are not met; and

(2) a board resolution from the board of commissioners of each participating county
stating the county's intent to participate, or in the case of a tribe, a resolution from tribal
government, stating the tribe's intent to participate.

(b) After the council has considered and recommended approval of a proposed
memorandum of understanding, the deleted text begin commissioner deleted text end new text begin commissioners new text end may finalize and execute
the memorandum of understanding.

Sec. 85.

Minnesota Statutes 2024, section 402A.35, subdivision 5, is amended to read:

Subd. 5.

Commissioner authority to seek waivers.

The deleted text begin commissioner deleted text end new text begin commissioners new text end
may use the authority under section new text begin 142A.03, subdivision 2, paragraph (k), or new text end 256.01,
subdivision 2, paragraph (k), to grant waivers identified as part of a proposed service delivery
authority under subdivision 1, paragraph (b), clause (4), except that waivers granted under
this section must be approved by the council under section 402A.20 rather than the
Legislative Advisory Committee.

Sec. 86.

Minnesota Statutes 2024, section 462A.2095, subdivision 6, is amended to read:

Subd. 6.

Rent assistance not income.

(a) Notwithstanding any law to the contrary,
payments under this section must not be considered income, assets, or personal property
for purposes of determining eligibility or recertifying eligibility for state public assistance,
including but not limited to:

(1) child care assistance programs under chapter 142E;

new text begin (2) food support under chapter 142F;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end general assistance deleted text begin , deleted text end new text begin and new text end Minnesota supplemental aid deleted text begin , and food support deleted text end under
chapter 256D;

deleted text begin (3) deleted text end new text begin (4) new text end housing support under chapter 256I;

deleted text begin (4) deleted text end new text begin (5) new text end Minnesota family investment program and diversionary work program under
chapter 142G; and

deleted text begin (5) deleted text end new text begin (6) new text end economic assistance programs under chapter 256P.

(b) The commissioner of human services must not consider rent assistance grant money
under this section as income or assets under section 256B.056, subdivision 1a, paragraph
(a); subdivision 3; or subdivision 3c, or for persons with eligibility determined under section
256B.057, subdivision 3, 3a, or 3b.

Sec. 87.

Minnesota Statutes 2024, section 466.131, is amended to read:

466.131 INDEMNIFICATION BY STATE.

Until July 1, 1987, a municipality is an employee of the state for purposes of the
indemnification provisions of section 3.736, subdivision 9, when the municipality is required
by the Public Welfare Licensing Act and rules promulgated under it to inspect or investigate
a provider. After July 1, 1987, a municipality is an employee of the state for purposes of
the indemnification provisions of section 3.736, subdivision 9, when the municipality is
required by sections 245A.01 to 245A.16 deleted text begin , the Human Services Licensing Act, deleted text end new text begin or chapter
142B new text end and rules adopted under it to inspect or investigate a provider deleted text begin , deleted text end and the municipality
has been duly certified under standards for certification developed by the deleted text begin commissioner deleted text end new text begin
commissioners new text end of human services new text begin and children, youth, and families new text end .

Sec. 88.

Minnesota Statutes 2024, section 518.165, subdivision 5, is amended to read:

Subd. 5.

Procedure, criminal history, and maltreatment records background
study.

(a) When the court requests a background study under subdivision 4, paragraph (a),
the request shall be submitted to the Department of Human Services through the department's
electronic online background study system.

(b) When the court requests a search of the National Criminal Records Repository, the
court must provide a set of classifiable fingerprints of the subject of the study on a fingerprint
card provided by the commissioner of human services.

(c) The commissioner of human services shall provide the court with criminal history
data as defined in section 13.87 from the Bureau of Criminal Apprehension in the Department
of Public Safety, other criminal history data held by the commissioner of human services,
and data regarding substantiated maltreatment of a minor under chapter 260E, and
substantiated maltreatment of a vulnerable adult under section 626.557, within 15 working
days of receipt of a request. If the subject of the study has been determined by the Department
of Human Services new text begin ; the Department of Children, Youth, and Families; new text end or the Department
of Health to be the perpetrator of substantiated maltreatment of a minor or vulnerable adult
in a licensed facility, the response must include a copy of the public portion of the
investigation memorandum under section 260E.30 or the public portion of the investigation
memorandum under section 626.557, subdivision 12b. When the background study shows
that the subject has been determined by a county adult protection or child protection agency
to have been responsible for maltreatment, the court shall be informed of the county, the
date of the finding, and the nature of the maltreatment that was substantiated. The
commissioner shall provide the court with information from the National Criminal Records
Repository within three working days of the commissioner's receipt of the data. When the
commissioner finds no criminal history or substantiated maltreatment on a background
study subject, the commissioner shall make these results available to the court electronically
through the secure online background study system.

(d) Notwithstanding section 260E.30 or 626.557, subdivision 12b, if the commissioner
or county lead agency or lead investigative agency has information that a person on whom
a background study was previously done under this section has been determined to be a
perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the county
may provide this information to the court that requested the background study.

Sec. 89.

Minnesota Statutes 2024, section 524.5-106, is amended to read:

524.5-106 SUBJECT-MATTER JURISDICTION.

This article applies to, and the court has jurisdiction over, guardianship and related
proceedings for individuals domiciled or present in this state, protective proceedings for
individuals domiciled in or having property located in this state, and property coming into
the control of a guardian or conservator who is subject to the laws of this state. This article
does not apply to any matters or proceedings arising under or governed by chapters 252A,
259, and 260C. Notwithstanding anything else to the contrary, chapters 252A, 259, and
260C exclusively govern the rights, duties, and powers of social service agencies deleted text begin , deleted text end new text begin ; new text end the
commissioner of human services deleted text begin , deleted text end new text begin ; the commissioner of children, youth, and families; new text end licensed
child placing agencies deleted text begin , deleted text end new text begin ; new text end and parties with respect to all matters and proceedings arising under
those chapters.

Sec. 90.

Minnesota Statutes 2024, section 524.5-118, subdivision 2, is amended to read:

Subd. 2.

Procedure; maltreatment and state licensing agency checks and criminal
history check.

(a) The guardian or conservator shall request the Bureau of Criminal
Apprehension to complete a criminal history check. The request must be accompanied by
the applicable fee and acknowledgment that the guardian or conservator received a privacy
notice. The Bureau of Criminal Apprehension shall conduct a national criminal history
record check. The guardian or conservator shall submit a set of classifiable fingerprints.
The fingerprints must be recorded on a fingerprint card provided by the Bureau of Criminal
Apprehension.

(b) The Bureau of Criminal Apprehension shall provide the court with criminal history
data as defined in section 13.87 and criminal history information from other states or
jurisdictions as indicated from a national criminal history record check within 20 working
days of receipt of a request.

(c) In accordance with section 245C.033, the commissioner of human services shall
provide the court with data regarding substantiated maltreatment of vulnerable adults under
section 626.557 and substantiated maltreatment of minors under chapter 260E within 25
working days of receipt of a request. If the guardian or conservator has been the perpetrator
of substantiated maltreatment of a vulnerable adult or minor, the response must include a
copy of any available public portion of the investigation memorandum under section 626.557,
subdivision 12b, or any available public portion of the investigation memorandum under
section 260E.30.

(d) Notwithstanding section 260E.30 or 626.557, subdivision 12b, if the commissioner
of human services new text begin ; the commissioner of children, youth, and families; new text end or a county lead
agency or lead investigative agency has information that a person under this section has
been determined to be a perpetrator of maltreatment of a vulnerable adult or minor, the
commissioner or the county may provide this information to the court that is determining
eligibility for the guardian or conservator.

Sec. 91.

Minnesota Statutes 2024, section 595.02, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

(a) The exception provided by paragraphs (d) and (g) of subdivision
1 shall not apply to any testimony, records, or other evidence relating to the abuse or neglect
of a minor in any proceeding under chapter 260 or any proceeding under section new text begin 142B.20
or new text end 245A.08, to revoke a day care or foster care license, arising out of the neglect or physical
or sexual abuse of a minor, as defined in section 260E.03.

(b) The exception provided by paragraphs (d) and (g) of subdivision 1 shall not apply
to criminal proceedings arising out of the neglect or physical or sexual abuse of a minor,
as defined in section 260E.03, if the court finds that:

(1) there is a reasonable likelihood that the records in question will disclose material
information or evidence of substantial value in connection with the investigation or
prosecution; and

(2) there is no other practicable way of obtaining the information or evidence. This
clause shall not be construed to prohibit disclosure of the patient record when it supports
the otherwise uncorroborated statements of any material fact by a minor alleged to have
been abused or neglected by the patient; and

(3) the actual or potential injury to the patient-health professional relationship in the
treatment program affected, and the actual or potential harm to the ability of the program
to attract and retain patients, is outweighed by the public interest in authorizing the disclosure
sought.

No records may be disclosed under this paragraph other than the records of the specific
patient suspected of the neglect or abuse of a minor. Disclosure and dissemination of any
information from a patient record shall be limited under the terms of the order to assure that
no information will be disclosed unnecessarily and that dissemination will be no wider than
necessary for purposes of the investigation or prosecution.

Sec. 92.

Minnesota Statutes 2024, section 626.5533, is amended to read:

626.5533 REPORTING POTENTIAL WELFARE FRAUD.

Subdivision 1.

Reports required.

A peace officer must report to the head of the officer's
department every arrest where the person arrested possesses more than one welfare electronic
benefit transfer card. Each report must include all of the following:

(1) the name of the suspect;

(2) the suspect's driver's license or state identification card number, where available;

(3) the suspect's home address;

(4) the number on each card;

(5) the name on each electronic benefit card in the possession of the suspect, in cases
where the card has a name printed on it;

(6) the date of the alleged offense;

(7) the location of the alleged offense;

(8) the alleged offense; and

(9) any other information the commissioner of human services new text begin or the commissioner of
children, youth, and families new text end deems necessary.

Subd. 2.

Use of information collected.

The head of a local law enforcement agency or
state law enforcement department that employs peace officers licensed under section 626.843
must forward the report required under subdivision 1 to the deleted text begin commissioner deleted text end new text begin commissioners new text end
of human services new text begin and children, youth, and families new text end within 30 days of receiving the report.
The deleted text begin commissioner deleted text end new text begin commissioners new text end of human services new text begin and children, youth, and families new text end shall
use the report to determine whether the suspect is authorized to possess any of the electronic
benefit cards found in the suspect's possession.

Subd. 3.

Reporting forms.

The deleted text begin commissioner deleted text end new text begin commissioners new text end of human services new text begin and
children, youth, and families new text end , in consultation with the superintendent of the Bureau of
Criminal Apprehension, shall adopt reporting forms to be used by law enforcement agencies
in making the reports required under this section.

Sec. 93. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber Minnesota Statutes, section 299A.955, as
Minnesota Statutes, section 142A.765, and make any necessary changes to statutory
cross-references to reflect this change.
new text end

Sec. 94. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must move the subdivisions in Minnesota Statutes, section
142E.50, into Minnesota Statutes, section 142E.01, renumber in alphabetical order, and
make any necessary changes to statutory cross-references to reflect these changes.
new text end

Sec. 95. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 142A.15; 142E.50, subdivisions 2 and 12; 245A.02,
subdivision 6d; 256G.02, subdivisions 3 and 5; and 261.003, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H2551-1

142A.15 PUBLIC ASSISTANCE LIEN ON RECIPIENT'S CAUSE OF ACTION.

Subdivision 1.

State agency has lien.

When the state agency provides, pays for, or becomes liable for medical care or furnishes subsistence or other payments to a person, the agency shall have a lien for the cost of the care and payments on any and all causes of action or recovery rights under any policy, plan, or contract providing benefits for health care or injury that accrue to the person to whom the care or payments were furnished, or to the person's legal representatives, as a result of the occurrence that necessitated the medical care, subsistence, or other payments. For purposes of this section, "state agency" includes prepaid health plans under contract with the commissioner according to sections 256B.69, 256L.01, subdivision 7, 256L.03, subdivision 6, and 256L.12, and Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 4, paragraph (c); children's mental health collaboratives under section 245.493; demonstration projects for persons with disabilities under section 256B.77; nursing homes reimbursed under chapter 256R; and county-based purchasing entities under section 256B.692.

Subd. 2.

Perfection; enforcement.

(a) The state agency may perfect and enforce its lien under sections 514.69, 514.70, and 514.71, and must file the verified lien statement with the appropriate court administrator in the county of financial responsibility. The verified lien statement must contain the following: the name and address of the person to whom medical care, subsistence, or other payment was furnished; the date of injury; the name and address of vendors furnishing medical care; the dates of the service or payment; the amount claimed to be due for the care or payment; and to the best of the state agency's knowledge, the names and addresses of all persons, firms, or corporations claimed to be liable for damages arising from the injuries.

(b) This section does not affect the priority of any attorney's lien. The state agency is not subject to any limitations period referred to in section 514.69 or 514.71 and has one year from the date notice is first received by it under subdivision 4, paragraph (c), even if the notice is untimely, or one year from the date medical bills are first paid by the state agency, whichever is later, to file its verified lien statement. The state agency may commence an action to enforce the lien within one year of (1) the date the notice required by subdivision 4, paragraph (c), is received, or (2) the date the person's cause of action is concluded by judgment, award, settlement, or otherwise, whichever is later.

(c) If the notice required in subdivision 4 is not provided by any of the parties to the claim at any stage of the claim, the state agency will have one year from the date the state agency learns of the lack of notice to commence an action. If amounts on the claim or cause of action are paid and the amount required to be paid to the state agency under subdivision 5 is not paid to the state agency, the state agency may commence an action to recover on the lien against any or all of the parties or entities that have either paid or received the payments.

Subd. 3.

Prosecutor.

(a) The attorney general shall represent the commissioner to enforce the lien created under this section or, if no action has been brought, may initiate and prosecute an independent action on behalf of the commissioner against a person, firm, or corporation that may be liable to the person to whom the care or payment was furnished.

(b) Any prepaid health plan providing services under sections 256B.69 and 256L.12 and Minnesota Statutes 2009 Supplement, section 256D.03, subdivision 4, paragraph (c); children's mental health collaboratives under section 245.493; demonstration projects for persons with disabilities under section 256B.77; nursing homes reimbursed under chapter 256R; or the county-based purchasing entity providing services under section 256B.692 may retain legal representation to enforce their lien created under this section or, if no action has been brought, may initiate and prosecute an independent action on their behalf against a person, firm, or corporation that may be liable to the person to whom the care or payment was furnished.

Subd. 4.

Notice.

(a) The state agency must be given notice of monetary claims against a person, firm, or corporation that may be liable in damages to the injured person when the state agency has paid for or become liable for the cost of medical care or payments related to the injury. Notice must be given as provided in this subdivision.

(b) Applicants for public assistance shall notify the state or county agency of any possible claims they may have against a person, firm, or corporation when they submit the application for assistance. Recipients of public assistance shall notify the state or county agency of any possible claims when those claims arise.

(c) A person providing medical care services to a recipient of public assistance shall notify the state agency when the person has reason to believe that a third party may be liable for payment of the cost of medical care.

(d) A party to a claim upon which the state agency may be entitled to a lien under this section shall notify the state agency of its potential lien claim at each of the following stages of a claim:

(1) when a claim is filed;

(2) when an action is commenced; and

(3) when a claim is concluded by payment, award, judgment, settlement, or otherwise.

(e) Every party involved in any stage of a claim under this subdivision is required to provide notice to the state agency at that stage of the claim. However, when one of the parties to the claim provides notice at that stage, every other party to the claim is deemed to have provided the required notice at that stage of the claim. If the required notice under this paragraph is not provided to the state agency, every party will be deemed to have failed to provide the required notice. A party to a claim includes the injured person or the person's legal representative, the plaintiff, the defendants, or persons alleged to be responsible for compensating the injured person or plaintiff, and any other party to the cause of action or claim, regardless of whether the party knows the state agency has a potential or actual lien claim.

(f) Notice given to the county agency is not sufficient to meet the requirements of paragraphs (c) and (d).

Subd. 5.

Costs deducted.

Upon any judgment, award, or settlement of a cause of action, or any part of it, upon which the state agency has filed its lien, including compensation for liquidated, unliquidated, or other damages, reasonable costs of collection, including attorney fees, must be deducted first. The full amount of public assistance paid to or on behalf of the person as a result of the injury must be deducted next, and paid to the state agency. The rest must be paid to the public assistance recipient or other plaintiff. The plaintiff, however, must receive at least one-third of the net recovery after attorney fees and other collection costs.

Subd. 6.

When effective.

The lien created under this section is effective with respect to any public assistance paid on or after August 1, 1987.

Subd. 7.

Cooperation with information requests required.

(a) Upon the request of the commissioner:

(1) any state agency or third-party payer shall cooperate by furnishing information to help establish a third-party liability, as required by the federal Deficit Reduction Act of 2005, Public Law 109-171;

(2) any employer or third-party payer shall cooperate by furnishing a data file containing information about group health insurance plan or medical benefit plan coverage of its employees or insureds within 60 days of the request. The information in the data file must include at least the following: full name, date of birth, Social Security number if collected and stored in a system routinely used for producing data files by the employer or third-party payer, employer name, policy identification number, group identification number, and plan or coverage type.

(b) For purposes of section 176.191, subdivision 4, the commissioner of labor and industry may allow the commissioner of children, youth, and families and county agencies direct access and data matching on information relating to workers' compensation claims in order to determine whether the claimant has reported the fact of a pending claim and the amount paid to or on behalf of the claimant to the commissioner of human services.

(c) For the purpose of compliance with section 169.09, subdivision 13, and federal requirements under Code of Federal Regulations, title 42, section 433.138(d)(4), the commissioner of public safety shall provide accident data as requested by the commissioner of children, youth, and families. The disclosure shall not violate section 169.09, subdivision 13, paragraph (d).

(d) The commissioner of children, youth, and families and county agencies shall limit its use of information gained from agencies, third-party payers, and employers to purposes directly connected with the administration of its public assistance and child support programs. The provision of information by agencies, third-party payers, and employers to the department under this subdivision is not a violation of any right of confidentiality or data privacy.

142E.50 DEFINITIONS.

Subd. 2.

Applicant.

"Applicant" has the meaning given in section 142E.01, subdivision 2.

Subd. 12.

Provider.

"Provider" means either a provider as defined in section 142E.01, subdivision 22, or a legal unlicensed provider as defined in section 142E.01, subdivision 19.

245A.02 DEFINITIONS.

Subd. 6d.

Foster family setting.

"Foster family setting" has the meaning given in Minnesota Rules, part 2960.3010, subpart 23, and includes settings licensed by the commissioner of human services or the commissioner of corrections.

256G.02 DEFINITIONS.

Subd. 3.

Commissioner.

"Commissioner" means the commissioner of human services.

Subd. 5.

Department.

"Department" means the Department of Human Services.

261.003 ELIGIBILITY STANDARDS, RULES.

The commissioner of human services shall promulgate rules in accordance with chapter 14, prescribing minimum standards of eligibility and payment for poor relief, which shall recognize cost of living differences in the various counties of the state.