Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 423-H.F.No. 450 
           An act relating to children; establishing a state 
          children's trust fund for the prevention of child 
          abuse and neglect; establishing an advisory council to 
          assist the commissioner of public safety in 
          administering the fund; creating a surcharge on 
          certified copies of birth certificates to fund the 
          trust fund; appropriating money; amending Minnesota 
          Statutes 1984, section 144.226, by adding a 
          subdivision; proposing coding for new law in Minnesota 
          Statutes, chapter 116K. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [299A.20] [CITATION.] 
    Sections 2 to 7 may be cited as the "children's trust fund 
for the prevention of child abuse act." 
    Sec. 2.  [299A.21] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 1 to 9. 
    Subd. 2.  [ACT.] "Act" means the children's trust fund for 
the prevention of child abuse act. 
    Subd. 3.  [ADVISORY COUNCIL.] "Advisory council" means the 
advisory council established under section 4. 
    Subd. 4.  [CHILD.] "Child" means a person under 18 years of 
age. 
    Subd. 5.  [CHILD ABUSE.] "Child abuse" means sexual abuse, 
neglect, or physical abuse as defined in section 626.556, 
subdivision 2, paragraphs (a), (c), and (d). 
    Subd. 6.  [COMMISSIONER.] "Commissioner" means the 
commissioner of public safety. 
    Subd. 7.  [LOCAL COUNCIL.] "Local council" means a child 
abuse prevention council established under section 5. 
    Subd. 8.  [PREVENTION PROGRAM.] "Prevention program" means 
a system that directly provides primary or secondary child abuse 
prevention services to a child, parent or prospective parent, 
guardian, or professional who works regularly with children, and 
may also include a research program related to the prevention of 
child abuse. 
    Subd. 9.  [PRIMARY PREVENTION.] "Primary prevention" means 
a program or service designed to promote the general welfare of 
children and families. 
    Subd. 10.  [SECONDARY PREVENTION.] "Secondary prevention" 
means a program or service designed to prevent abuse of children 
who are in circumstances where there is a high risk that abuse 
will occur. 
    Subd. 11.  [TERTIARY PREVENTION.] "Tertiary prevention" 
means a program or service provided after child abuse has 
occurred that is designed to prevent its recurrence. 
    Subd. 12.  [TRUST FUND.] "Trust fund" means the children's 
trust fund for the prevention of child abuse established under 
section 3. 
    Sec. 3.  [299A.22] [TRUST FUND.] 
    Subdivision 1.  [CREATION OF TRUST FUND.] A children's 
trust fund for the prevention of child abuse is established as 
an account in the state treasury.  The commissioner of finance 
shall credit to the trust fund all amounts received under 
sections 7 and 8 and shall ensure that trust fund money is 
invested under section 11A.25.  All money earned by the trust 
fund must be credited to the trust fund.  The trust fund earns 
its proportionate share of the total annual state investment 
income. 
    Subd. 2.  [AVAILABILITY OF FUNDS FOR DISBURSEMENT.] Until 
the total amount of assets in the trust fund exceeds 
$20,000,000, not more than 60 percent of the gross amount 
contributed to the trust fund each year under section 8, plus 
100 percent of all earnings credited to the trust fund the 
previous fiscal year, are available for disbursement.  When the 
commissioner of finance certifies that the assets in the trust 
fund exceed $20,000,000, only the annual earnings and the funds 
received under section 7 that are credited to the trust fund are 
available for disbursement.  
    Subd. 3.  [EXCEPTION.] Notwithstanding subdivision 2, money 
received under section 7 may be disbursed in its entirety.  This 
money must not be taken into account when calculating the annual 
contributions to the trust fund under this section. 
    Sec. 4.  [299A.23] [DISBURSEMENT OF FUNDS FOR CHILD ABUSE 
PREVENTION.] 
    Subdivision 1.  [AUTHORITY TO DISBURSE FUNDS.] The 
commissioner, with the advice and consent of the advisory 
council established under this section, may disburse trust fund 
money to any public or private nonprofit agency to fund a child 
abuse prevention program. 
    Subd. 2.  [ADVISORY COUNCIL.] An advisory council of 15 
members is established under section 15.059.  The commissioners 
of human services, health, education, and corrections shall each 
appoint one member.  The subcommittee on committees of the 
senate and the speaker of the house of representatives shall 
each appoint two members of their respective bodies, one from 
each caucus.  The governor shall appoint an additional seven 
members who shall demonstrate knowledge in the area of child 
abuse and shall represent the demographic and geographic 
composition of the state, and to the extent possible, represent 
the following groups:  local government, parents, racial and 
ethnic minority communities, the religious community, 
professional providers of child abuse prevention and treatment 
services, and volunteers in child abuse prevention and treatment 
services.  The council shall advise and assist the commissioner 
in carrying out this act.  
    Subd. 3.  [PLAN FOR DISBURSEMENT OF FUNDS.] By June 1, 
1987, and biennially thereafter, the commissioner, assisted by 
the advisory council, shall develop a plan to disburse money 
from the trust fund.  In developing the plan, the commissioner 
shall review prevention programs.  The plan must ensure that all 
geographic areas of the state have an equal opportunity to 
establish prevention programs and receive trust fund money.  The 
commissioner shall send the plan to the legislature and the 
governor by June 1 of each odd-numbered year. 
    Subd. 4.  [RESPONSIBILITIES OF THE COMMISSIONER.] (a) The 
commissioner shall: 
    (1) provide for the coordination and exchange of 
information on the establishment and maintenance of prevention 
programs; 
    (2) develop and publish criteria for receiving trust fund 
money by prevention programs; 
    (3) review, approve, and monitor the spending of trust fund 
money by prevention programs; 
    (4) provide statewide educational and public informational 
seminars to develop public awareness on preventing child abuse; 
to encourage professional persons and groups to recognize 
instances of child abuse and work to prevent them; to make 
information on child abuse prevention available to the public 
and to organizations and agencies; and to encourage the 
development of prevention programs; 
    (5) establish a procedure for an annual, internal 
evaluation of the functions, responsibilities, and performance 
of the commissioner in carrying out this act.  In a year in 
which the state plan is prepared, the evaluation must be 
coordinated with the preparation of the state plan; 
    (6) provide technical assistance to local councils and 
agencies working in the area of child abuse prevention; and 
    (7) accept and review grant applications beginning June 1, 
1987. 
    (b) The commissioner shall recommend to the governor and 
the legislature changes in state programs, statutes, policies, 
budgets, and standards that will reduce the problems of child 
abuse, improve coordination among state agencies that provide 
prevention services, and improve the condition of children, 
parents, or guardians in need of prevention program services. 
    Sec. 5.  [299A.24] [LOCAL CHILD ABUSE PREVENTION COUNCILS.] 
    Subdivision 1.  [ESTABLISHMENT OF COUNCIL.] A child abuse 
prevention council may be established in any county or group of 
counties that was eligible to receive funds under section 
145.917 as of January 1, 1986.  A council organized in such a 
county or group of counties shall be authorized by the 
commissioner to review programs seeking trust fund money on 
finding that the council meets the criteria in this subdivision: 
    (a) The council has submitted a plan for the prevention of 
child abuse that includes a survey of programs and services, 
assesses the need for additional programs or services, and 
demonstrates that standards and procedures have been established 
to ensure that funds will be distributed and used according to 
this act. 
    (b) A single-county council shall consist of: 
     (1) members of a multidisciplinary child protection team 
which must be established under section 626.558; and 
    (2) if necessary, enough additional members appointed by 
the county with knowledge in the area of child abuse so that a 
majority of the council is composed of members who do not 
represent public agencies. 
    (c) A multi-county council shall be selected by the 
combined membership of those multidisciplinary teams which have 
been established in the counties under section 626.558 and shall 
consist of: 
    (1) one representative each from local human services 
agencies, county attorney offices, county sheriff offices, and 
health and education agencies, chosen from among the membership 
of all the teams; 
    (2) one representative from any other public agency group 
represented among the combined teams; and 
    (3) enough additional members from the public who have 
knowledge in the area of child abuse so that a majority of the 
council is composed of members who do not represent public 
agencies. 
     (d) In any multi-county group eligible to establish a 
council under this subdivision, at least 50 percent of the 
counties must have established a multidisciplinary team under 
section 626.558 before a council may be established. 
    Subd. 2.  [REVIEW BY COUNCIL.] To be eligible to receive a 
grant from the trust fund, an applicant must have had its 
program reviewed by a child abuse prevention council from the 
applicant's geographic area found by the commissioner to meet 
the criteria in this section.  In reviewing all such programs, 
the council shall consider the extent to which the applicant 
meets the criteria and standards in this act and the degree to 
which the program meets the needs of the geographic area.  The 
council shall provide to the advisory council its comments and 
recommendations concerning each program reviewed and shall 
provide the advisory council with its prioritization by rank 
ordering of all programs reviewed. 
    Sec. 6.  [299A.25] [PROCEDURES AND CRITERIA FOR 
DISBURSEMENT.] 
    Subdivision 1.  [ESTABLISHMENT.] The commissioner shall 
establish in the plan for prevention of child abuse the criteria 
for distribution of trust fund money.  All money shall be 
distributed for programs and services involving primary or 
secondary prevention, and no money shall be distributed for 
programs and services involving tertiary prevention. 
    Subd. 2.  [MATCHING AND OTHER REQUIREMENTS.] Trust fund 
money shall only be distributed to applicants that demonstrate 
an ability to match 40 percent of the amount of trust fund money 
requested and whose proposals meet the other criteria.  The 
matching requirement may be met through in-kind donations.  In 
awarding grants, the commissioner shall consider the extent to 
which the applicant has demonstrated a willingness and ability 
to: 
    (1) continue the prevention program or service if trust 
fund money is eliminated or reduced; and 
    (2) provide prevention program models and consultation to 
other organizations and communities. 
    Subd. 3.  [USE OF FUNDS.] Matching funds must not consist, 
in whole or in part, of state or federal funds.  Any trust fund 
money received must not be used to compensate for a decrease in 
previously existing funding levels unless that decrease is 
attributable to a decision made by state, federal, or other 
entities not controlled by the applicant and the applicant 
demonstrates that it has made reasonable efforts to retain all 
previously existing funding. 
    Subd. 4.  [STATEWIDE OR REGIONAL PROGRAMS.] The 
commissioner may fund programs that intend to serve the entire 
state or a region larger than the area served by any local 
council even if the program has not been reviewed by any local 
council.  The commissioner may, however, solicit comments or 
recommendations about the applicant or the program from a local 
council covering any area to be served by the applicant's 
proposed program. 
    Subd. 5.  [LOCAL COUNCIL AS RECIPIENT OF FUNDS.] The 
commissioner may disburse funds to a local council on the same 
basis as to any other applicant, or as administrative costs in 
carrying out this act, if all criteria and standards are met.  
Funds disbursed as administrative costs to a local council must 
not exceed five percent of total funds disbursed to the area 
served by the local council. 
    Subd. 6.  [ADMINISTRATIVE EXPENSES.] The commissioner may 
keep up to five percent of trust fund money collected in any 
year under sections 7 and 8 for administering and otherwise 
carrying out responsibilities under this act, except that during 
fiscal year 1987 the commissioner may keep up to $75,000 of 
trust fund money collected for these purposes.  The approved 
complement of the department of public safety is increased by 
one unclassified and one classified position in the civil 
service of the state.  
    Subd. 7.  [CONTRACTS.] The commissioner shall use state or 
local resources and staff if practicable, but may enter into 
contracts with public or nonprofit private agencies to fulfill 
the requirements of this act. 
    Subd. 8.  [RULES.] The commissioner may adopt rules to 
carry out this act. 
    Sec. 7.  [299A.26] [ACCEPTANCE OF FEDERAL FUNDS AND OTHER 
DONATIONS.] 
    The commissioner may accept federal money and gifts, 
donations, and bequests for the purposes of this act.  Money so 
received must be deposited in the trust fund and must be made 
available annually to the commissioner for disbursement. 
    Sec. 8.  Minnesota Statutes 1984, section 144.226, is 
amended by adding a subdivision to read: 
    Subd. 3.  [BIRTH CERTIFICATE COPY SURCHARGE.] In addition 
to any fee prescribed under subdivision 1, there shall be a 
surcharge of $2 for each certified copy of a birth certificate.  
The local or state registrar shall forward this amount to the 
commissioner of finance for deposit into the account for the 
children's trust fund for the prevention of child abuse 
established under section 3.  This surcharge shall not be 
charged under those circumstances in which no fee for a 
certified copy of a birth certificate is permitted under 
subdivision 1, paragraph (a).  Upon certification by the 
commissioner of finance that the assets in that fund exceed 
$20,000,000, this surcharge shall be discontinued. 
    Sec. 9.  [299A.27] [ANNUAL APPROPRIATION.] 
    All earnings from trust fund assets, all sums received 
under section 7, and 60 percent of the amount collected under 
section 8 are appropriated annually from the children's trust 
fund for the prevention of child abuse to the commissioner of 
public safety to carry out sections 1 to 7.  In fiscal year 1987 
only, the first $75,000 collected under section 8 is 
appropriated from the children's trust fund for the prevention 
of child abuse to the commissioner of public safety to carry out 
sections 1 to 7. 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 1 to 9 are effective July 1, 1986. 
    Approved March 24, 1986