Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 552-S.F.No. 2104 
                  An act relating to children; establishing an abused 
                  child program under the commissioner of corrections; 
                  creating an advisory committee; specifying powers and 
                  duties of the commissioner and the advisory committee; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 611A.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [611A.362] [ABUSED CHILD PROGRAM.] 
           Subdivision 1.  [DEFINITIONS.] For the purposes of sections 
        1 to 4, the following terms have the meanings given.  
           Subd. 2.  [ABUSED CHILD.] "Abused child" means a child, 
        under the age of 18 years, who has suffered physical, emotional, 
        or mental injury, harmful neglect, sexual abuse or exploitation, 
        or negligent treatment.  
           Subd. 3.  [ABUSED CHILDREN SERVICES.] "Abused children 
        services" means any service or program designed to provide 
        advocacy, education, prevention, or direct service to or on 
        behalf of abused children, children at risk, and their families. 
           Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of the department of corrections or a designee.  
           Sec. 2.  [611A.363] [GRANTS TO SERVICE PROVIDER PROGRAMS.] 
           Subdivision 1.  [GRANTS AWARDED.] The commissioner shall 
        award grants to programs which provide abused children 
        services.  Grants shall be awarded in a manner that ensures that 
        they are equitably distributed to programs serving metropolitan 
        and nonmetropolitan populations.  
           Subd. 2.  [APPLICATIONS.] Any public or private nonprofit 
        agency may apply to the commissioner for a grant to provide 
        abused children services.  The application shall be submitted in 
        a form approved by the commissioner after consultation with the 
        abused children advisory council and shall include:  
           (1) a proposal for the provision of abused children 
        services to, or on behalf of, abused children, children at risk, 
        and their families; 
           (2) a proposed budget; 
           (3) evidence of ability to represent the interests of 
        abused children and their families to local law enforcement 
        agencies and courts, social services, and health agencies; 
           (4) evidence of ability to do outreach to unserved and 
        underserved populations and to provide culturally and 
        linguistically appropriate services; and 
           (5) any other information the commissioner may require by 
        policy or by rule adopted under chapter 14, after considering 
        the recommendations of the abused children advisory council.  
           Programs which have been approved for grants in prior years 
        may submit materials which indicate changes in items listed in 
        clauses (1) to (5), in order to qualify for renewal funding.  
        Nothing in this subdivision may be construed to require programs 
        to submit complete applications for each year of funding.  
           Subd. 3.  [DUTIES.] Every public or private nonprofit 
        agency which receives a grant under this section to provide 
        abused children services shall comply with all requirements of 
        the commissioner related to the administration of the grants.  
           Subd. 4.  [CLASSIFICATION OF DATA COLLECTED BY 
        GRANTEES.] Personal history information and other information 
        collected, used, or maintained by a grantee from which the 
        identity of any abused child or family members may be determined 
        is private data on individuals as defined in section 13.02, 
        subdivision 12, and the grantee shall maintain the data in 
        accordance with provisions of chapter 13. 
           Sec. 3.  [611A.364] [DUTIES OF THE COMMISSIONER.] 
           The commissioner shall:  
           (1) review applications and award grants to programs 
        pursuant to section 2 after considering the recommendation of 
        the abused children advisory council; 
           (2) appoint members of the abused children advisory council 
        created under section 4 and provide consultative staff and other 
        administrative services to the council; 
           (3) after considering the recommendation of the abused 
        children advisory council, appoint a program director to perform 
        the duties set forth in this clause.  In appointing the program 
        director the commissioner shall give due consideration to the 
        list of applicants submitted to the commissioner pursuant to 
        section 3.  The program director shall administer the funds 
        appropriated for sections 1 to 4, consult with and provide staff 
        to the advisory council and perform other duties related to 
        abused children's programs as the commissioner may assign; 
           (4) design a uniform method of collecting data on abused 
        children's programs to be used to monitor and assure compliance 
        of the programs funded under section 2; 
           (5) provide technical aid to applicants in the development 
        of grant requests and to programs in meeting the data collection 
        requirements established by the commissioner; and 
           (6) adopt, under chapter 14, all rules necessary to 
        implement the provisions of sections 1 to 4.  
           Sec. 4.  [611A.365] [ADVISORY COUNCIL.] 
           Subdivision 1.  [GENERALLY.] The commissioner shall appoint 
        a 12-member advisory council to advise the commissioner on the 
        implementation and continued operation of sections 1 to 4.  The 
        abused children advisory council shall also serve as a liaison 
        between the commissioner and organizations that provide abused 
        children services.  The terms of members of the advisory council 
        shall be two years.  No member may serve on the advisory council 
        for more than two consecutive terms.  Council members shall not 
        receive per diem, but shall receive expense reimbursements as 
        specified in section 15.059.  In other matters section 15.059 
        shall govern the operation of the advisory council.  
           Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
        knowledgeable about or have interests in issues concerning 
        abused children and the programs that serve them, including the 
        need for effective advocacy services.  The membership of the 
        council shall broadly represent the interests of abused children 
        throughout Minnesota, including representation of people of 
        color and other individuals from traditionally underserved 
        population, and must include one member from the department of 
        human services child protection unit.  No more than six members 
        of the council may be representatives of community or 
        governmental organizations that provide abused children 
        services.  One-half of the council's members shall reside in the 
        metropolitan area consisting of the counties of Anoka, Carver, 
        Dakota, Hennepin, Ramsey, Scott, and Washington, and one-half of 
        the members shall reside in the nonmetropolitan area.  To the 
        extent possible, nonmetropolitan members must be representative 
        of all nonmetropolitan regions of the state.  
           Subd. 3.  [DUTIES.] The advisory council shall:  
           (1) advise the commissioner on all planning, development, 
        data collection, rulemaking, funding, and evaluation of abused 
        children programs under section 3; 
           (2) advise the commissioner on the adoption of rules under 
        chapter 14 governing the award of grants to ensure that funded 
        programs are consistent with section 2; 
           (3) recommend to the commissioner the names of five 
        applicants for the position of abused children program director; 
           (4) advise the commissioner on the rules adopted under 
        chapter 14; 
           (5) review applications received by the commissioner for 
        grants under section 2 and make recommendations on the awarding 
        of grants; and 
           (6) advise the program director in the performance of 
        duties in the administration and coordination of the programs 
        funded under section 2.  
           Subd. 4.  [CONFLICT OF INTEREST.] A member of the advisory 
        council shall be excluded from participating in review and 
        recommendation concerning a grant allocation if the member: 
           (1) serves or has served any time during the last three 
        years as an employee, consultant, volunteer, or governing board 
        member of an organization whose application is being reviewed; 
        or 
           (2) has a financial interest in the funding of the 
        applicant organization. 
           Subd. 5.  [ADVISORY COUNCIL RECOMMENDATIONS.] The 
        commissioner shall consider the advisory council's 
        recommendations before awarding grants or adopting policies 
        regarding the planning, development, data collection, 
        rulemaking, funding, and abused children services for programs 
        funded under section 2.  Before taking action on matters related 
        to programs and abused children services, except day-to-day 
        administrative operations, the commissioner shall notify the 
        advisory council of the intended action.  Notification of grant 
        award decisions shall be given to the advisory council in time 
        to allow the council to request reconsideration. 
           Presented to the governor May 2, 1994 
           Signed by the governor May 4, 1994, 3:11 p.m.