Minnesota Session Laws - 1995, Regular Session

                             CHAPTER 12-S.F.No. 64 
                  An act relating to corrections; requiring that the 
                  commissioner of corrections notify affected local 
                  governments before licensing certain foster care 
                  facilities for delinquent children; amending Minnesota 
                  Statutes 1994, section 241.021, subdivision 2, and by 
                  adding a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 241.021, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FOSTER CARE FACILITIES FOR DELINQUENT CHILDREN 
        AND YOUTH; LICENSES; SUPERVISION.] Notwithstanding any 
        provisions in sections 256.01, subdivision 2, clause (2), 
        245A.03, and 245A.04, to the contrary, but subject to the 
        municipality notification requirements of subdivision 2a, the 
        commissioner of corrections shall review all county, municipal 
        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. 2.  Minnesota Statutes 1994, section 241.021, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [NOTIFICATION OF AFFECTED MUNICIPALITY.] The 
        commissioner must not issue a license without giving 30 calendar 
        days' written notice to any affected municipality or other 
        political subdivision unless the facility has a licensed 
        capacity of six or fewer persons and is occupied by either the 
        licensee or the group foster home parents.  The notification 
        must be given before the first issuance of a license and 
        annually after that time if annual notification is requested in 
        writing by any affected municipality or other political 
        subdivision.  State funds must not be made available to or be 
        spent by an agency or department of state, county, or municipal 
        government for payment to a foster care facility licensed under 
        subdivision 2 until the provisions of this subdivision have been 
        complied with in full. 
           Presented to the governor March 20, 1995 
           Signed by the governor March 20, 1995, 2:30 p.m.