Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 413-S.F.No. 1965 
           An act relating to human services; revising the 
          community social services act; clarifying allocation 
          of funds; expanding responsibilities of county boards; 
          requiring the county boards to publish biennial plans 
          relating to community social services; amending 
          Minnesota Statutes 1984, sections 256E.05, subdivision 
          3; 256E.06, subdivision 2; 256E.09, subdivision 1; and 
          Minnesota Statutes 1985 Supplement, section 256E.08, 
          subdivision 1.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 256E.05, 
subdivision 3, is amended ro read: 
    Subd. 3.  [ADDITIONAL DUTIES.] The commissioner shall also: 
    (a) Provide necessary forms and instructions to the 
counties for plan format and information; 
    (b) Identify and then amend or repeal the portions of all 
applicable department rules which mandate counties to provide 
specific community social services or programs, unless state or 
federal law requires the commissioner to mandate a service or 
program.  The commissioner shall be exempt from the rulemaking 
provisions of chapter 14 in amending or repealing rules pursuant 
to this clause.  However, when the commissioner proposes to 
amend or repeal any rule under the authority granted by this 
clause, notice shall be provided by publication in the state 
register.  When the commissioner proposes to amend a rule, the 
notice shall include that portion of the existing rule necessary 
to provide adequate notice of the nature of the proposed 
change.  When the commissioner proposes to repeal an entire 
rule, he need only publish that fact, giving the exact citation 
to the rule to be repealed.  In all cases, the notice shall 
contain a statement indicating that interested persons may 
submit comment on the proposed repeal or amendment for a period 
of 30 days after publication of the notice.  The commissioner 
shall take no final action until after the close of the comment 
period.  The commissioner's actions shall not be effective until 
five days after the commissioner publishes notice of adoption in 
the state register.  If the final action is the same as the 
action originally proposed, publication may be made by notice in 
the state register that the amendment and repeals have been 
adopted as proposed, and by citing the prior publication.  If 
the final action differs from the action as previously proposed 
in the state register, the text which differs from the original 
proposal shall be included in the notice of adoption together 
with a citation to the prior state register publication.  The 
commissioner shall provide to all county boards separate notice 
of all final actions which become effective under this clause, 
advising the boards with respect to services or programs which 
have now become optional, to be provided at county discretion;  
    (c) Provide to the chairman of each county board, in 
addition to notice required pursuant to sections 14.05 to 14.36, 
timely advance notice and a written summary of the fiscal impact 
of any proposed new rule or changes in existing rule which will 
have the effect of increasing county costs for community social 
services; 
    (d) Provide training, technical assistance, and other 
support services to county boards to assist in needs assessment, 
planning, implementing, and monitoring social services programs 
in the counties; 
    (e) Design and implement a method of monitoring and 
evaluating the social services delivered within the state, and 
assure, including site visits that utilize quality control 
audits to assure county compliance with applicable standards, 
guidelines, and the county and state social services plans; 
         (f) Annually publish a report on community social services 
which shall reflect the contents of the individual county 
reports.  The report shall be submitted to the governor and the 
legislature with an evaluation of community social services and 
recommendations for changes needed to fully implement state 
social service policies; and 
    (g) Request waivers from federal programs as necessary to 
implement sections 256E.01 to 256E.12.  
    Sec. 2.  Minnesota Statutes 1984, section 256E.06, 
subdivision 2, is amended to read: 
    Subd. 2.  [MAXIMUM FUNDING; ALLOCATION FORMULA LIMITATION.] 
The amounts computed pursuant to subdivision 1 shall be subject 
to the following limitations: 
    (a) No county shall receive be allocated more than 130 
percent of the amount received in the immediately preceding year 
as specified in this subdivision.  If the amount allocated to 
any county pursuant to subdivision 1 is greater than this 
amount, the excess shall be reallocated to all counties in 
direct proportion to their initial allocations.  
    (b) Each county shall be guaranteed a percentage increase 
over the previous year's allocation equal to 0.2 percent for 
each percentage increase in the statewide allocation, up to a 
maximum guaranteed increase of one percent when the statewide 
allocation increases by five percent or more.  If the amount 
allocated to any county pursuant to subdivision 1 is less than 
this amount, the shortage shall be recovered from all counties 
in direct proportion to their initial allocations. 
    (c) If the amount to be allocated statewide in any year is 
less than the amount allocated in the previous year, then the 
provisions of clause (b) shall not apply, and each county's 
allocation shall be equal to its previous year's allocation 
reduced by the same percentage that the statewide allocation was 
reduced. 
    Sec. 3.  Minnesota Statutes 1985 Supplement, section 
256E.08, subdivision 1, is amended to read: 
    Subdivision 1.  [RESPONSIBILITIES.] The county board of 
each county shall be responsible for administration, planning 
and funding of community social services.  Each county board 
shall singly or in combination with other county boards as 
provided in section 256E.09 prepare a social services plan and 
shall update the plan biennially.  Upon final approval of the 
plan by the county board or boards, the plan shall be submitted 
to the commissioner.  The county board shall distribute money 
available pursuant to sections 256E.06 and 256E.07 for community 
social services. 
    The authority and responsibilities of county boards for 
social services for groups of persons identified in section 
256E.03, subdivision 2, shall include contracting for or 
directly providing: 
    (1) information about the symptoms and characteristics of 
specific problems of the identified groups to increase 
understanding and acceptance by the general public, to help 
alleviate fears of seeking help, and to enable access to 
appropriate assistance; 
    (2) an assessment of the needs of each person applying 
for services assistance which estimates the nature and extent of 
the problem to be addressed and identifies the means available 
to meet the person's needs for services.  These diagnostic and 
evaluation activities shall evaluate the functioning of each 
person with regard to an illness or disability, screen for 
placement, and determine the need for services; 
    (2) (3) protection for safety, health or well-being by 
providing services directed at the goal of attaining the highest 
level of independent functioning appropriate to the individual 
preferably without removing those persons from their homes aimed 
at alleviating urgent needs of each person by determining urgent 
need, shielding persons in hazardous conditions when they are 
unable to care for themselves, and providing urgently needed 
assistance; 
    (3) (4) supportive and rehabilitative activities that 
assist each person to function at the highest level of 
independence possible for the person, preferably without 
removing the person from home.  These activities include both 
increasing the client's level of functioning and maintaining 
current levels of functioning; 
    (5) a means of facilitating access of physically 
handicapped or impaired persons to services activities 
appropriate to their needs; and 
    (6) administrative activities to coordinate and facilitate 
the effective use of formal and informal helping systems to best 
address client needs and goals.  This includes assisting the 
client in making informed decisions about opportunities and 
services, assuring timely access to needed assistance, providing 
opportunities and encouragement for self-help activities, and 
coordinating all services to meet the client's needs and goals.  
County case management shall be responsible for determining 
appropriate care and activities. 
    If, after appropriate notice, a county does not fulfill its 
responsibilities or is not in compliance with the applicable 
department rule, the commissioner shall certify a reduction of 
up to 20 percent of the county's annual community social 
services act funding, or an equivalent amount from state 
administrative aids, and the state shall assume the 
responsibilities in this subdivision.  When a county is notified 
of this action, it may appeal according to the provisions in 
section 256E.06, subdivision 10.  
    A county board may delegate to a county welfare board 
established under chapter 393 authority to provide or approve 
contracts for the purchase of the kinds of community social 
services that were provided or contracted for by the county 
welfare boards before the enactment of Laws 1979, chapter 324. 
The county board must determine how citizens will participate in 
the planning process, give final approval to the community 
social services plan, and distribute community social services 
money. 
    Sec. 4.  Minnesota Statutes 1984, section 256E.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PLAN PROPOSAL.] Commencing in 1980, and 
every two years thereafter, the county board shall publish and 
make available upon request to all residents of the county a 
proposed biennial community social services plan In 1988, the 
county board shall publish a one-year update to its 1987-1988 
biennial plan for calendar year 1989, and make it available upon 
request to all residents of the county.  Beginning in 1989, and 
every two years after that, the county board shall publish and 
make available upon request to all county residents a proposed 
biennial community social services plan for the next two 
calendar years. 
    Sec. 5.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Approved March 24, 1986